City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 23, 2012 AT 3:00 P.M.
ALL MEMBERS PRESENT
THE COUNCIL MEETINGS OF APRIL 9TH AND 30TH BEGIN AT 5:30 P.M.
MAYOR'S AWARD OF EXCELLENCE FOR MARCH 2012
WAS PRESENTED TO SERGEANT BOB BUCHER
ASSIGNED TO CENTRAL INVESTIGATIONS OF THE POLICE DEPARTMENT
IN THE CATEGORY OF PRODUCTIVITY AND SAFETY
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 assessing the cost of the University
Place Business Maintenance Improvement District
against the benefitted properties.
(ADOPTED, 7-0; A-86767)
2) Resolution assessing the cost of the North
27th Street Maintenance Improvement
District against the benefitted properties.
(ADOPTED, 7-0; A-86768)
3) Resolution assessing the cost of the South Street
Business Maintenance Improvement District against
the benefitted properties.
(ADOPTED, 7-0; A-86769)
4) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on April
9, 2012. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
5) Black Hills Corporation, 2011 Annual Report.
(PLACED ON FILE)
6) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 12009- to Use
Permit No. 117C, Horizon Business Center, approved
by the Planning Director on April 13, 2012,
requested by Olsson Associates, to subdivide Lot
19 into two lots and increase the floor area from
48,000 square feet to 61,217 square feet, on
property generally located at S. 14th St. and
Infinity Court.
Administrative Amendment No. 12010- to Use
Permit No. 132B, Willowbrook Shopping Center,
approved by the Planning Director on April 16,
2012, requested by Bahr Vermeer Haecker
Architects, to add architectural design exhibits
1.5c - 1.5e, and to revise Note E on the site plan
stating that "All buildings shall conform to the
architectural design criteria on attached sheets
1.5a - 1.5e", on property generally located at S.
70th St. and Highway 2.
Administrative Amendment No. 12011- to Special
Permit No. 46, Eastridge Swimming Pool, approved
by the Planning Director on April 16, 2012,
requested by GoodeGuy Construction, to add Note #8
to the site plan stating that "Accessory buildings
need not be shown on the site plan but will be
reviewed at the time of building permit", on
property generally located at Sunrise Rd. and
Randolph St.
7) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
8) Application of Mykhanh Restaurants LLC dba Pho
Factory for a Class I liquor license at 940 North
26th Street. (ADOPTED FOR APPROVAL, 7-0; A-86770)
9) Manager application of Khanh Thi Nguyen for
Mykhanh Restaurants LLC dba Pho factory at 940
North 26th Street. (ADOPTED FOR APPROVAL, 7-0;
A-86771)
10) Application of Nebraska CVS Pharmacy, LLC dba CVS
Pharmacy #473 for a Class C liquor license at 1550
South Street. (ADOPTED FOR APPROVAL, 7-0; A-86772)
11) Manager application of Don D. Westerlin for
Nebraska CVS Pharmacy, LLC dba CVS Pharmacy #473
at 1550 South Street. (ADOPTED FOR APPROVAL, 7-0;
A-86773)
12) Application of Top Shelf Beverage Services, LLC
dba Top Shelf Beverage Services for a Class CK
liquor license at 1038 O Street.
(ADOPTED FOR APPROVAL, 6-0; CARROLL, COOK, EMERY,
ESKRIDGE, HORNUNG, SCHIMEK ASSENTING;
CAMP ABSTAINING; A-86774)
13) Manager application of Jeremy M. Schafer for Top
Shelf Beverage Services, LLC dba Top Shelf
Beverage Services at 1038 O Street.
(LOST, 3-3; EMERY, ESKRIDGE, SCHIMEK ASSENTING;
CARROLL, COOK, HORNUNG DISSENTING;
CAMP ABSTAINING; #38-4614)
14) Application of Mo Chara, LLC dba Cliff's Lounge
for a Class C liquor license at 1323 O Street.
(Con't p.h. in one week to 4/23/12, 7-0)
(ADOPTED FOR APPROVAL, 7-0; A-86775)
15) Manager application of Bryan A. McFarland for Mo
Chara, LLC dba Cliff's Lounge at 1323 O Street.
(Con't p.h. in one week to 4/23/12, 7-0)
(ADOPTED FOR APPROVAL, 7-0; A-86776)
16) Application of Mo Chara, LLC dba Cliff's Martini
Lounge for a Class C liquor license at 5310 South
56th Street, Suite 1. (Con't p.h. in one week
to 4/23/12, 7-0) (ADOPTED FOR APPROVAL, 7-0;
A-86777)
17) Manager application of Bryan A. McFarland for Mo
Chara, LLC dba Cliff's Martini Lounge at 5310
South 56th Street, Suite 1. (Con't p.h. in one
week to 4/23/12, 7-0) (ADOPTED FOR APPROVAL, 7-0;
A-86778)
18) Application of Mo Chara, LLC dba The Watering Hole
for a Class C liquor license at 1321 O Street.
(Con't p.h. in one week to 4/23/12, 7-0)
(ADOPTED FOR APPROVAL, 7-0; A-86779)
19) Manager application of Bryan A. McFarland for Mo
Chara, LLC dba The Watering Hole at 1321 O Street.
(Con't p.h. in one week to 4/23/12, 7-0)
(ADOPTED FOR APPROVAL, 7-0; A-86780)
20) Application of Mo Chara, LLC dba The Watering Hole
West for a Class C liquor license at 1550 S.
Coddington Ave., Suite P. (Con't p.h. in one
week to 4/23/12, 7-0) (ADOPTED FOR APPROVAL, 7-0;
A-86781)
21) Manager application of Bryan A. McFarland for Mo
Chara, LLC dba The Watering Hole West at 1550 S.
Coddington Ave., Suite P. (Con't p.h. in one
week to 4/23/12, 7-0) (ADOPTED FOR APPROVAL, 7-0;
A-86782)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 22 THRU 24 HAD SECOND READING)
22) 12-41 Miscellaneous No. 10003 - Vacating the final
plat of Hartland's View Pointe West 1st
Addition generally located at N.W. 56th
Street and West Aurora Street and retaining
certain easements therein in the name of the
City.
Fact Sheet (1051K)
23) 12-42 Vacation No. 12001 - Vacating multiple
rights-of-way and alleys located in the West
Haymarket area between L Street and U Street
and between 2nd Street and 7th Street.
Fact Sheet (2807K)
24) 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)
Motion To Amend (7K)
PUBLIC HEARING - RESOLUTIONS
25) 12R-69 Approving an Amendment to Agreement for Animal
Shelter Services between the City of Lincoln and
the Capital Humane Society for an additional four
year term and to amend the compensation to be paid
for said additional term. (ADOPTED, 7-0; A-86783)
Fact Sheet (86K)
Attachment (99K)
26) 12R-70 Amending Resolution No. A-86641 for the use of
public right of way along South 9th Street for an
accessible ramp and landing to allow steps in the
right of way rather than the ramp.
(ADOPTED, 7-0; A-86784)
Fact Sheet (14K)
Attachment (778K)
27) 12R-71 Approving an Interlocal Agreement between the City
of Lincoln and Lancaster County for the 14th
Street reconstruction from I-80 to Alvo Road and
for the acquisition of right-of-way outside the
City limits. (ADOPTED, 7-0; A-86785)
Fact Sheet (12K)
Attachment (1499K)
28) 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. (4/16/12 - Con't. P.H.
w/Action to 4/23/12) (MTA#1 ADOPTED, 5-2;
CAMP, COOK, EMERY, HORNUNG, SCHIMEK ASSENTING;
CARROLL, ESKRIDGE DISSENTING; LOST AS AMENDED,
0-7; #38-4615)
Fact Sheet (613K)
Motion To Amend (6K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
29) 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) (PASSED, 7-0; #19704)
30) 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) (ADOPTED, 7-0; A-86786)
31) 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.
(PASSED, 7-0; #19705)
Fact Sheet (168K)
32) 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. (PASSED, 6-0; CAMP, CARROLL, COOK,
ESKRIDGE, HORNUNG, SCHIMEK ASSENTING;
EMERY ABSTAINING; #19706)
Fact Sheet (118K)
Attachment (2715K)
33) 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. (PASSED, 7-0; #19707)
Fact Sheet (112K)
Attachment (631K)
34) 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. (P.H CON'T W/ACTION
IN FOUR WEEKS TO 05/21/12, 7-0)
Fact Sheet (14K)
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)
NONE
RESOLUTIONS - 1ST READING
(ITEMS 35 THRU 43 HAD 1ST READING)
35) 12R-72 Reappointing Justin Carlson to the Parks and
Recreation Advisory Board for a term expiring
April 27, 2015.
36) 12R-73 Appointing Peter Levitov to the Parks and
Recreation Advisory Board for a term expiring
April 27, 2015.
Attachment (77K)
37) 12R-74 Appointing Linda Carter to the StarTran Advisory
Board for a term expiring October 20, 2012.
Attachment (70K)
38) 12R-75 Adopting the amended and restated ICMA Retirement
Corporation Governmental 457 Deferred Compensation
Plan and Trust and the amendment to said plan and
trust allowing Roth (after-tax) deferral
contributions.
Fact Sheet (107K)
Attachment (3827K)
39) 12R-76 Waiver No. 12001 Application of Christ's Place
Church to waive the parking lot surfacing
requirement, pursuant to Section 27.67.100(c) of
the Lincoln Municipal Code, on property generally
located at the southwest corner of the
intersection of Warlick Boulevard and Old Cheney
Road.
Fact Sheet (598K)
40) 12R-77 Comp. Plan Conformance No. 12002 Adopting and
approving the proposed amendments to the Nebraska
Innovation Campus Redevelopment Plan for an area
generally located from N. Antelope Valley Parkway
to 27th Street, between Salt Creek and the
Burlington Northern Santa Fe Railroad corridors to
(1) add approximately 127 acres to the
redevelopment plan and create two areas for
redevelopment, the Nebraska Innovation Campus Area
and the Theresa Street Area; (2) update the
Redevelopment Plan to reflect changes that have
occurred since it was approved in November 2010;
and (3) add the Phase I NIC projects, including
renovation of the 4-H and Industrial Arts
Buildings with construction of a companion
building to each and construction of two
additional research buildings.
Fact Sheet (716K)
Attachment 1 (3422K)
Attachment 2 (522K)
Attachment 3 (382K)
41) 12R-78 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of April 1-15,
2012.
Fact Sheet (14K)
Attachment (18K)
42) 12R-79 Approving the reappointment of David R. Smith and
Ed Schneider to the Lincoln-Lancaster County Board
of Health for terms expiring April 15, 2015.
43) 12R-80 Approving the appointment of Marcia White to the
Lincoln-Lancaster County Board of Health for a
term expiring April 15, 2015.
Attachment (111K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
44) 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)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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)
50) 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)
51) 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)
52) 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 4:17 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