City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 9, 2012 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT ESKRIDGE
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) Setting the Board of Equalization hearing date of
Monday, April 30, 2012, at 5:30 p.m. on the North
27th Street Maintenance Improvement
District, the University Place Maintenance
Improvement District and the South Street
Maintenance Improvement District. (APPROVED, 6-0)
2) Resolution approving the City of Lincoln's
Investment Activity Report from the City Treasurer
for the Fiscal Year 2011-2012. (ADOPTED, 6-0; A-86751)
3) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on March
26, 2012. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) Setting the hearing date of Monday, April 23, 2012
at 3:00 p.m. for the application of Top Shelf
Beverage Services LLC dba Top Shelf Beverage
Services for a Class CK liquor license located at
1038 O Street. (ADOPTED, 6-0; A-86752)
5) Setting the hearing date of Monday, April 23, 2012
at 3:00 p.m. for the application of Nebraska CVS
Pharmacy LLC dba CVS/Pharmacy 473 for a Class C
liquor license located at 1550 South Street.
(ADOPTED, 6-0; A-86753)
6) Setting the hearing date of Monday, April 23, 2012
at 3:00 p.m. for the application of Mykhanh
Restaurants dba Pho Factory for a Class I liquor
license located at 940 North 26th Street.
(ADOPTED, 6-0; A-86754)
7) REFERRALS TO THE PLANNING DEPARTMENT:
Change of Zone No. 12004 - requested by the
Director of Planning, amending Title 27 of the
Lincoln Municipal Code relating to the Zoning Code
by amending Figure 27.35.070(a) within Section
27.35.070 to reflect the revised height limits in
the B-4 Lincoln Center Business District; adding a
new section numbered 27.59.015 titled Scope of
Regulations to clarify that airport zoning
regulations are applicable in all underlying
zoning districts and apply to both public and
private entities; amending Section 27.59.040
relating to airport zoning height restrictions to
replace the metes and bounds description with a
reference to the Airport Zoning Map; amending
Section 27.69.035 and Table 1, Off Premises Signs,
within Section 27.69.040 to prohibit the location
of off premises signs in the Haymarket and
Downtown areas of the B-4 Lincoln Center Business
District west of 9th Street; repealing Sections
27.35.070, 27.59.040, and 27.69.035 and Table 1
within Section 27.69.040 (Off-Premises Signs) of
the Lincoln Municipal Code as hitherto existing;
amending the Lincoln Airport Zoning Map dated
February 25, 2002 to be consistent with Figure
27.35.070(a); and amending the Lincoln Capitol
Environs District Height Regulation Map to reflect
a 57-foot height requirement west of the Capitol.
Change of Zone No. 12005 - requested by
Baylor, Evnen, Curtiss, Grimit & Witt, LLP, from
AG Agricultural District and R-2 Residential
District to H-3 Highway Commercial District, on
property legally described as Lot 65 SE, located
in the SE 1/4 of Section 23-9-7, Lancaster County,
Nebraska, generally located at Highway 2 and First
Street, Cheney, Nebraska.
Special Permit No. 12009 - requested by
Capitol City Christian Church, for seasonal sales,
on property legally described as Lot 1, Block 1,
Northern Lights 7th Addition, located in the SE
1/4 of Section 15-10-7, Lancaster County,
Nebraska, generally located at N. 80th Street and
Holdrege Street (7800 Holdrege Street). The
Planning Commission action is final action, unless
appealed to the City Council.
Special Permit No. 12010 - requested by Martha
Anne Cech, Cech Addition Community Unit Plan, for
two lots, with a request to waive setbacks and
minimum lot depth, on property legally described
as Lot 2, Lang's Subdivision and Lot 1, Anncech
Addition, located in the SW 1/4 of Section 5-9-7,
Lancaster County, Nebraska, generally located at
S. 40th Street and Pioneers Boulevard. The
Planning Commission action is final action, unless
appealed to the City Council.
8) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 9 THRU 11 HAD 2ND READING)
9) 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)
10) 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)
11) 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)
PUBLIC HEARING - RESOLUTIONS
12) 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. (ADOPTED, 6-0; A-86755)
Fact Sheet (124K)
Attachment (1933K)
13) 12R-58 Approving appropriations in the amount of
$36,715.00 from the operation of keno lottery
funds for various human services (round 35).
(ADOPTED, 6-0; A-86756)
Attachment (73K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
14) 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. (PASSED, 6-0; #19696)
15) 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.
(PASSED, 6-0; #19697)
16) 12-30 Amending the pay schedule for a certain
employee group by creating the
classifications of "Firefighter Paramedic,"
"Firefighter" and "Fire Apparatus Operator."
(PASSED, 6-0; #19698)
Fact Sheet (87K)
Attachment (525K)
17) 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)
(ADOPTED, 6-0; A-86757)
Attachment (228K)
18) 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
tems: 12R-54, 12-28, 12-29) (Action Date:
4/9/12) (PASSED, 6-0; #19699)
Fact Sheet (649K)
Attachment (377K)
19) 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) (PASSED, 6-0; #19700)
Fact Sheet (1411K)
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 20 THRU 25 HAD 1ST READING)
20) 12-39 Authorizing the issuance by the City of its
general obligation Highway Allocation Fund
Refunding Bonds, Series 2012 in an aggregate
principal amount not to exceed $33,000,000.
(Related Items: 12-39, 12R-66) (Action
Date: 4/23/12)
21) 12R-66 A Resolution for the early redemption of the
City's outstanding General Obligation Highway
Allocation Fund Bonds, Series 2004 in the amount
of $30,155,000. (Related Items: 12-39, 12R-66)
(Action Date: 4/23/12)
22) 12-36 Amending Chapter 25.04 of the Lincoln
Municipal Code, the Lincoln Mechanical code,
by adding a new section numbered 25.04.485 to
add a new Section 1101.11 to the
International Mechanical Code relating to
registration of refrigeration contractors.
Fact Sheet (168K)
23) 12-37 Approving a Lease Agreement between the US
Postal Service and the City of Lincoln for
placement of one or more postal drop-off
mailboxes in the east parking lot at Woods
Park, generally at South 33rd Street and L
Street.
Fact Sheet (118K)
Attachment (2715K)
24) 12-38 Approving a Lease Agreement between Holmes
Lake Professional Center LLC and the City of
Lincoln for the use of approximately 2,100
square feet of property north of Holmes Lake
Park at South 70th Street and Normal
Boulevard to be used as a parking lot for a
ten year term.
Fact Sheet (112K)
Attachment (631K)
25) 12-40 Amending Chapter 5.04 of the Lincoln
Municipal Code related to Alcoholic Liquor to
require a valid Responsible Beverage Server
Permit or Responsible Beverage Management
Certificate for any person selling or serving
alcoholic liquor at retail and to delete the
prohibition of liquor sales between 6:00 a.m.
and noon on Sunday.
Fact Sheet (14K)
RESOLUTIONS - 1ST READING (ITEMS 26 THRU 34 HAD 1ST READING)
26) 12R-60 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of March 16 - 31,
2012.
Fact Sheet (14K)
Attachment (20K)
27) 12R-64 Authorizing the transfer of appropriations for
expenses associated with upcoming labor
negotiations and the PAGE/CIR case.
Fact Sheet (89K)
28) 12R-59 Approving a Contract Agreement between the City of
Lincoln and TSI Incorporated for PortaCount Pro+
Respirator Fit Testers and for calibration and
cleaning, pursuant to Bid No. 12-061, for a three
year term.
Fact Sheet (133K)
Attachment (1968K)
29) 12R-67 Approving a Contract Agreement between the City of
Lincoln and Nebraska LabLinc for Health Department
Laboratory Test Services, pursuant to Bid No.
12-062, for a three year term with the option to
renew for one additional three year term.
Fact Sheet (130K)
Attachment (3503K)
30) 12R-68 Approving the Amendment to Quote 2969 Agreement
for City Renewal between the City of Lincoln and
Nebraska LabLinc to provide the Annual
Requirements for Blood Chemistry Profiles for a
two year term from May 20, 2012 through May 19,
2014.
Fact Sheet (132K)
Attachment (493K)
31) 12R-62 Authorizing a request to the State of Nebraska,
Board of Public Roads Classifications and
Standards, for relaxation of the Minimum Design
Standards for bridge design loading for the North
27th and Leighton Viaduct Project, City Project
540023.
Fact Sheet (13K)
32) 12R-63 Approving a Funding Agreement between the City and
the Nebraska Dept. of Roads for the use of Federal
Aid Bridge Replacement Funds for the Fracture
Critical Bridge Inspection of Structure No.
U142514300, Salt Creek Road, east leg of the Big X
(Project No. BR-MBOS995).
Fact Sheet (13K)
Attachment (138K)
33) 12R-65 Approving the appropriation of $700,000 of Keno
funds within the Parks and Recreation Department
CIP for FY 2012-2013 for the Nebraska Centennial
Mall Renovation Project.
Fact Sheet (123K)
34) 12R-61 Use Permit No. 82C - Appeal of Design Data Corp.
from the Planning Commission's conditional
approval of the application of Bob Bennie
Properties LLC for authority to add Medical Office
as a permitted land use to an existing Use Permit,
on property generally located at south 14th Street
and Old Cheney Road.
Fact Sheet (613K)
Motion To Amend (6K)
PENDING LIST - DATE CERTAIN
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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 5:48 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