City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 2, 2012 AT 3:00 P.M.
ALL MEMBERS PRESENT
THE COUNCIL MEETINGS OF APRIL 9TH AND 30TH BEGIN AT 5:30 P.M.
PUBLIC HEARING
CONSENT AGENDA
Anyone wishing to address an item on the Consent Agenda may do so at this time
REPORTS OF CITY OFFICERS
1) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
February 29, 2012.(ADOPTED, 7-0; A-86742)
2) Report from the City Treasurer of City Cash on
hand at the close of business February 29, 2012.
(PLACED ON FILE)
3) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on March
19, 2012. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) Setting the hearing date of Monday, April 16, 2012
at 3:00 p.m. for the application of Chad Winters,
Roger Toy and Christopher Vorhies dba Ideal
Grocery and Market for a Class C liquor license
located at 905 South 27th Street.
(ADOPTED, 7-0; A-86743)
5) Setting the hearing date of Monday, April 16, 2012
at 3:00 p.m. for the applications of Mo Chara dba
The Watering Hole for a Class C liquor license
located at 1321 O Street, The Watering Hole West
for a Class C liquor license located at 1550 South
Coddington, Cliff's Lounge for a Class C liquor
license located at 1323 O Street, and Cliff's
Martini Lounge for a Class C liquor license
located at 5310 South 56th Street.
(ADOPTED, 7-0; A-86744)
6) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 11065 to Use
Permit No. 149, Stone Ridge Estates, approved by
the Planning Director on March 9, 2012, requested
by Ridge Development Company and Northern Lights,
LLC, to revise the site plan modifying the lot
layout of Block 1 to show one large 133,000 square
feet of grocery/retail use building instead of
three smaller pad sites of commercial uses, on
property generally located at S. 27th St.
and Grainger Parkway.
7) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
8) Application of World Eats Company dba The Pantry
for a Class CK liquor license at 2548 South 48th
Street.(ADOPTED FOR APPROVAL, 7-0; A-86745)
9) Manager application of Douglas B. Daize for World
Eats Company dba The Pantry at 2548 South 48th
Street.(ADOPTED FOR APPROVAL, 7-0; A-86746)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 10 THRU 15 HAD 2ND READING)
10) 12-31 Authorizing the issuance, sale and delivery
of water revenue refunding bonds of the City
of Lincoln, Nebraska in an amount not to
exceed $13,000,000 to refund outstanding
water revenue bonds of the City and related
matters.
11) 12-32 Authorizing the issuance, sale and delivery
of sanitary sewer revenue refunding bonds of
the City of Lincoln, Nebraska in an amount
not to exceed $44,000,000 to refund
outstanding sanitary sewer revenue bonds of
the City and related matters.
12) 12-30 Amending the pay schedule for a certain
employee group by creating the
classifications of "Firefighter Paramedic,"
"Firefighter" and "Fire Apparatus Operator."
Fact Sheet (87K)
Attachment (525K)
13) 12R-54 Approving Amendment No. 3 to the Woodlands at
Yankee Hill Conditional Annexation and Zoning
Agreement between Lewis-Starostka, Inc., 3AP-SE,
LLC, Midwest Net Lease Investors-SE, LLC, Calruby,
LLC, and the City of Lincoln, Nebraska to defer
the timing of construction of the Yankee Hill Road
Arterial Street Impact Fee Facility Improvements
on property generally located at South 84th Street
and Yankee Hill Road from December 31,2012 to
December 31, 2014. (Related Items: 12R-54,
12-28, 12-29) (Action Date: 4/9/12)
Attachment (228K)
14) 12-28 Annexation No. 11005 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 36 acres generally located
southeast of the intersection of South 70th
Street and Yankee Hill Road. (Related
Items: 12R-54, 12-28, 12-29) (Action Date:
4/9/12)
Fact Sheet (649K)
Attachment (377K)
15) 12-29 Change of Zone 05068B - Application of R.C.
Krueger Development to amend the Woodlands at
Yankee Hill Planned Unit Development to add
approximately 36 acres generally located
southeast of the intersection of South 70th
Street and Yankee Hill Road and approve a
change of zone over said 36 acres from AG
Agricultural District to R-3 Residential
District under a Planned Unit Development
designation in order to add approximately
265,000 sq. ft. of commercial floor area
under the Planned Unit Development.
(Related Items: 12R-54, 12-28, 12-29)
(Action Date: 4/9/12)
Fact Sheet (1411K)
PUBLIC HEARING - RESOLUTIONS
16) 12R-52 Designating Kimberly Taylor-Riley, Director,
Commission on Human Rights and Equal Opportunity
Officer as the City's ADA/Section 504 Coordinator
for purposes of the City's ADA/Section 504 Civil
Rights Policy. (ADOPTED, 7-0; A-86747)
Fact Sheet (97K)
17) 12R-53 Designating Kimberly Taylor-Riley, Director,
Commission on Human Rights and Equal Opportunity
Officer as the City's Title VI Coordinator for
purposes of the City's Title VI Civil Rights Plan.
(ADOPTED, 7-0; A-86748)
Fact Sheet (98K)
18) 12R-55 Approving the Tax-Exempt Financing Compliance
Procedure of the City. (ADOPTED, 7-0; A-86749)
Attachment (64K)
19) 12R-56 Amending the FY 11/12 CIP to authorize and
appropriate $183,569.00 in TIF funds for
construction of sidewalks, street rehab and street
lights on Yolande Avenue and 20th Street in the
Yolande Avenue Redevelopment Area.
(ADOPTED, 7-0; A-86750)
Fact Sheet (121K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
20) 12-25 Annexation No. 12001 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 59 acres generally located west
of North 14th Street between Morton Street
and Hilltop Road. (PASSED, 7-0; #19693)
Fact Sheet (1993K)
Attachment (463K)
21) 12-26 Change of Zone No. 3310A - Designating the
Haymarket Park Sign District as an Overlay
Special Sign District and amending the
existing Haymarket Park Special Sign District
to expand the area of the district; to
clarify that signage will be in accordance
with the I-1 Industrial District; to allow an
additional sign as part of the special sign
package; and to clarify that off-premises
signs will not be permitted, on property
generally located at North 6th Street and
Charleston Street, between I-180 and Sun
Valley Boulevard. (PASSED, 7-0; #19694)
Fact Sheet (664K)
Attachment (2587K)
22) 12-27 Change of Zone No. 11044 - Application of the
Planning Director for a change of zone from P
Public Use District to R-7 Residential
District, from R-7 Residential District to P
Public Use District, and from P Public Use
District and I-1 Industrial District to B-1
Local Business District, on property
generally located at North 16 Street between
R Street and Vine Street and at North 17th
Street and Vine Street. (MTA #1 ADOPTED,
7-0; PASSED AS AMENDED, 7-0; #19695)
Fact Sheet (2001K)
Motion To Amend (6K)
1st Reading Ordinances & Resolutions - On the Agenda for Advance Notice Only
Public Hearing will occur on Second Reading
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 23 THRU 25 HAD 1ST READING)
23) 12-33 Approving a contract between the City and
Lincoln Haymarket Development Corp. to
operate and regulate a Saturday public market
in the Haymarket area, 7th Street from P to Q
Streets and P Street from 7th to 8th Streets
from May 5, 2012 through October 13, 2012 and
on 8th Street from P to Q Streets from June
2, 2012 through August 25, 2012 and also
September 8, 2012.
Fact Sheet (121K)
Attachment (767K)
24) 12-34 Change of Zone 12002 Amending Title 27 of
the Lincoln Municipal Code, the Zoning Code,
by adding a new section numbered 27.03.417 to
provide the definition of "market garden";
amending Sections 27.07.040 and 27.09.040 to
add market gardens as a permitted special use
in the AG and AGR zoning districts,
respectively; amending Section 27.63.680 to
add market gardens as an exception to a
licensed premises100-foot spacing requirement
from a residential district; adding a new
section numbered 27.63.820 to provide
conditions for approval for market gardens as
a permitted special use and to allow certain
accessory uses to market gardens, including
the sale of alcoholic beverages for
consumption on the premises; and amending
Section 27.67.040 to provide parking
requirements for farm wineries and market
gardens.
Fact Sheet (92K)
25) 12-35 An ordinance adopting the supplements to the
Lincoln Municipal Code dated June 2011 and
December 2011 as part of the official Lincoln
Municipal Code.
Fact Sheet (15K)
RESOLUTIONS - 1ST READING (ITEMS 26 AND 27 HAD 1ST READING)
26) 12R-57 Authorizing and supporting the application to the
Transporation Enhancement Program of the State of
Nebraska Department of Roads to assist with
funding the construction of the Stonebridge Trail
connecting the North 14th Street Trail at 14th and
Humphrey with the Alvo Road Trail at 13th and Alvo
Road.
Fact Sheet (124K)
Attachment (1933K)
27) 12R-58 Approving appropriations in the amount of
$36,715.00 from the operation of keno lottery
funds for various human services (round 35).
Attachment (73K)
PENDING LIST - DATE CERTAIN
28) 12-21 Change of Zone 11040 - Amending Section
27.67.040 of the Lincoln Municipal Code
relating to special parking requirements to
delete special parking requirements for
rooming and boarding houses and to revise the
parking requirements for fraternities and
sororities. (3/12/12 - P.H./2nd Reading
con't. 6 wks to 4/23/12)
Fact Sheet (491K)
Motion To Amend (6K)
PENDING LIST EXTENDED ONE WEEK
29) 07-73 Amending Title 20 of the Lincoln Municipal
Code, the Building Code, by adding a new
Chapter 20.02, entitled Neglected Building
Registration, to require registration of
neglected, deteriorated and/or abandoned
buildings, to require the filing of plans for
restoration or demolition of abandoned
buildings, and to establish penalties for
violations thereof. (5/7/07 - Placed on
Pending, No Date Certain)
Fact Sheet (13K)
30) 09R-76 Establishing a Roads to Jobs Fund to make funds
available for road projects, declaring a surplus
of $8,000,000.00 in the Special Assessment
Revolving Fund, and authorizing the transfer of
said funds to the Roads to Jobs Fund. (5/11/09
- Placed on Indefinite Pending)
31) 10-4 Change of Zone 08075 - Application of Waterford
Estates, LLC, for a change of zone from AG
Agricultural District to B-2 Planned Neighborhood
Business District on property generally located at
North 98th Street and O Street. (Related Items
10-4, 10R-26) (Request to place on Indefinite
Pending) (1/11/10 - Placed on Indefinite Pending &
to have P.H. when removed from Pending)
Fact Sheet (647K)
32) 10R-26 Use Permit 08003 - Application of Waterford
Estates, LLC, to develop 250,000 sq. ft. of
commercial floor area on property generally
located at North 98th Street and O Street.
(Related Items 10-4, 10R-26) (Action Date:
2/1/10) (Request to place on Indefinite Pending)
(1/11/10 - Placed on Indefinite Pending & to have
P.H. when removed from Pending)
Fact Sheet (1367K)
33) Hearing date of Monday, February 1, 2010,
requested by J. Michael Rierden on behalf of
Lincoln Federal Savings Bank and Stonebridge Creek
LLC appealing from the determination of Impact
Fees imposed on the property legally described as
Lots 39, 45, 46, 47, 49, 50 in Section 25,
Township 11 North, Range 6 East generally located
between Centurion Drive and North 27th Street
along both sides of Alvo Road, Lancaster County,
Nebraska. (9/14/09 - Placed on Pending, Date
Certain to have P.H. on 2/01/2010) (Request to
place on Indefinite Pending) (1/11/10 - Placed on
Indefinite Pending & to have P.H. when removed
from Pending)
34) 10-8 Change of Zone 09003 - Application of Yankee Hill
Townhomes, LLC, for a change of zone from AG
Agricultural, R-3 Residential and R-4 Residential
to R-4 Residential District Planned Unit
Development for 84 townhomes, 348 apartments and
30,000 square feet of commercial land uses, with
waivers to adjust the minimum average lot, the
minimum lot area, the front, side and rear
setbacks, and the 3:1 width to depth ratio, on
property generally located at South 84th Street
and Yankee Hill Road. (Request to place on
Indefinite Pending & to have P.H. when removed
from Pending) (1/25/10 - Placed on Indefinite
Pending & to have P.H. when removed from
Pending)
Fact Sheet (693K)
35) 10-101 Adopting an amended and restated version of the
City of Lincoln Employees' Retirement Plan and
Trust to provide that the employer contribution
for employees hired in positions and pay ranges
prefixed by the letter "N" on or after September
1, 2010 will be an amount equal to 9% of an
employee's compensation; and to further provide
that the mandatory employee contribution for
employees hired in positions and pay ranges
prefixed by the letter "N" on or after September
1, 2010 will be in an amount equal to 7% of an
employee's compensation. (8/23/10 -
Reconsidered Ordinance No. 19430 - Placed on
Pending Indefinitely)
Fact Sheet (104K)
36) 11R-62 Comp. Plan Conformance 11001 - Approving an
amendment to the Lincoln Star Building
Redevelopment Project, in the Lincoln Center
Redevelopment Plan, to extend the project area to
include the M Street right-of-way from South 7th
Street to South 17th Street to allow for
streetscape design and improvements. (3/21/11 -
Action Delayed 1 wk. to 3/28/11) (3/28/11 - Placed
on Indefinite Pending)
Fact Sheet (1022K)
Attachment (1001K)
37) 11-39 Amending Chapter 10.32 of the Lincoln
Municipal Code relating to Stopping, Standing
and Parking of Vehicles by adding a new
section numbered 10.32.075 to prohibit the
parking of trucks on a street more than 400
feet from the primary place of business and
providing certain exceptions. (4/11/11 -
3rd Reading w/con't. P.H. on 4/18/11)
(4/18/11 - Placed on Indefinite Pending)
Fact Sheet (75K)
Motion To Amend (7K)
During the Open Microphone Session of the agenda, individuals are
allowed a total of 5 minutes to speak regardless of number of
topics. The Open Microphone Session is available on the 2nd &
last Monday of each month.
ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON
THIS AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA,
MAY DO SO AT THE OPEN MICROPHONE SESSION. OPEN MICROPHONE
SESSIONS FOR THE MONTH OF APRIL ARE THE 9TH AND 30TH.
ADJOURNMENT 3:39 P.M.
***
The City Council Meeting
which is broadcast live at 3:00 p.m. every Monday and
at 5:30 p.m. on the last Monday of each month
will be rebroadcast on Saturdays at 1:00 p.m.,
immediately following the Pre-Council Meeting
on 5 City-TV, Cable Channel 5.
****
The City Council Agenda and Action Sheet may be accessed on the
Internet at:
lincoln.ne.gov