City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 30, 2012 AT 5:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
CONSENT AGENDA
IMMEDIATELY PRECEDING REGULAR COUNCIL MEETING
BOARD OF EQUALIZATION ON BUSINESS IMPROVEMENT DISTRICTS
UNIVERSITY PLACE MAINTENANCE BID (APPROVED, 7-0)
NORTH 27TH STREET MAINTENANCE BID (APPROVED, 7-0)
SOUTH STREET MAINTENANCE BID
(BOARD WILL RECONVENE FOR HEARING IN TWO WEEKS ON 5/14/12, 7-0)
Anyone wishing to address an item on the Consent Agenda may do so at this time
REPORTS OF CITY OFFICERS
1) 12R-72 Reappointing Justin Carlson to the Parks and
Recreation Advisory Board for a term expiring
April 27, 2015. (ADOPTED, 7-0; A-86787)
2) 12R-73 Appointing Peter Levitov to the Parks and
Recreation Advisory Board for a term expiring
April 27, 2015. (ADOPTED, 7-0; A-86788)
Attachment (77K)
3) 12R-74 Appointing Linda Carter to the StarTran Advisory
Board for a term expiring October 20, 2012.
(ADOPTED, 7-0; A-86789)
Attachment (70K)
4) 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. (ADOPTED, 7-0; A-86790)
5) 12R-80 Approving the appointment of Marcia White to the
Lincoln-Lancaster County Board of Health for a
term expiring April 15, 2015.
(ACTION DELAYED FOR ONE WEEK TO 5/7/12, 7-0)
Attachment (111K)
6) Resolution approving the City of Lincoln's
Investment Activity Report from the City
Treasurer for the Second Quarter, Fiscal Year
2011-12. (ADOPTED, 7-0; A-86791)
7) Report from City Treasurer of City Cash on hand
at the close of business March 31, 2012.
(PLACED ON FILE)
8) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on April 16, 2012. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
9) Setting the hearing date of Monday, May 14, 2012
at 3:00 p.m. for the application of Bison
Courtside, LLC dba Park Centers Banquet Hall for
a Class I liquor license located at 2608 Park
Boulevard. (ADOPTED, 7-0; A-86792)
10) Setting the hearing date of Monday, May 14, 2012
at 3:00 p.m. for the application of JLM
Enterprises, LLC dba Pine Lake Golf & Tennis
Club for a Class I liquor license located at
6601 S. 84th Street. (ADOPTED, 7-0; A-86793)
11) Setting the hearing date of Monday, May 14, 2012
at 3:00 p.m. for the application of A.B.H.
Enterprises, LLC dba Hylander Bar & Grill for
the addition of a beer garden approximately 18
ft. by 18 ft. to its existing Class C liquor
license located at 110 West Fletcher Avenue.
(ADOPTED, 7-0; A-86794)
12) Setting the hearing date of Monday, May 14, 2012
at 3:00 p.m. for the manager application of
Samantha A. Petzoldt for GMRI, Inc. dba Red
Lobster Restaurant #0236 located at 6540 O
Street. (ADOPTED, 7-0; A-86795)
13) Setting the hearing date of Monday, May 14, 2012
at 3:00 p.m. for the application of R & W BBQ,
Inc. dba Dickey's Barbeque Pit for a Class A
liquor license located at 1226 P Street.
(ADOPTED, 7-0; A-86796)
14) REFERRALS TO THE PLANNING DEPARTMENT:
Change of Zone No. 12006 - Requested by
Enterprise Company, Inc. from O-2 Suburban
Office District to B-1 Local Business District
on property generally located at N. 35th Street
and O Street.
Change of Zone No. 12007 - Requested by
Geico Development, Inc. from AG Agricultural
District to AGR Agricultural Residential
District on property generally located at S.
Coddington Avenue and W. Pleasant Hill Road.
Special Permit No. 12011 - Requested by
Lori Tackett to allow for an indoor kennel on
property generally located at S. 10th Street and
South Street.
Special Permit No. 12012 - Requested by
Michael McCullough, for expansion of a
nonconforming use into the setbacks, for
demolition of current structures and
construction of new structure on property
generally located at S. 28th Street and Eastgate
(2900 S. 28th Street).
Special Permit No. 12014 - Requested by
Geico Development, Inc., Pleasant Hill Acres
Community Unit Plan, for approximately 6 single
family acreage lots with request to waive
sidewalks, street trees, street lighting,
landscape screening, block length, preliminary
plat, and storm water detention on property
generally located at S. Coddington Avenue and W.
Pleasant Hill Road.
Special Permit No. 12016 - Requested by
Radix, Inc. for a recreational facility on
property generally located at SW 29th Street and
W. Wittstruck Road.
Special Permit No. 12017 - Requested by
Four Star Drug for expansion of a nonconforming
use to allow a drive thru on property generally
located at S. Cotner Boulevard and Aldrich Road.
Pre-Existing Special Permit No. 28C -
Requested by Olsson Associates to expand the
limits of the special permit for a private
school to allow for the addition of a new
building and additional parking on property
generally located at S. 52nd Street and Prescott
Avenue.
15) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
16) Application of Meier's Wine, Inc. dba Meier's
Cork 'n Bottle for a special designated license
for an area measuring 160 feet by 120 feet in
the Lincoln Community Foundation Garden at 215
Centennial Mall South on May 10, 2012 from
3:00 p.m to 8:00 p.m. (ADOPTED FOR APPROVAL, 7-0;
A-86797)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
17) 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. (ADOPTED, 7-0; A-86798)
Fact Sheet (107K)
Attachment (3827K)
18) 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. (ADOPTED, 7-0; A-86799)
Fact Sheet (598K)
19) 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.
(ADOPTED, 7-0; A-86800)
Fact Sheet (716K)
Attachment 1 (3422K)
Attachment 2 (522K)
Attachment 3 (382K)
20) 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. (ADOPTED, 7-0; A-86801)
Fact Sheet (14K)
Attachment (18K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
21) 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. (PASSED, 7-0; #19708)
Fact Sheet (1051K)
22) 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. (MTA #1 ADOPTED, 7-0; PASSED
AS AMENDED, 7-0; #19709)
Fact Sheet (2807K)
23) 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) (MTA #1 ADOPTED,
7-0; MTA #2 ADOPTED, 7-0; PASSED AS AMENDED, 7-0;
#19710)
Fact Sheet (491K)
Motion To Amend (6K)
Motion To Amend (7K)
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) (ITEM 24 HAD 1ST READING)
24) 12-45 Amending Title 11 of the Lincoln Municipal
Code, Equal Opportunity, and Chapter 2.76
of the Lincoln Municipal Code, the City's
Personnel Rules and Regulations, to
prohibit discrimination on the basis of
sexual orientation or gender identity.
Fact Sheet (18K)
RESOLUTIONS - 1ST READING (ITEMS 25 THRU 27 HAD 1ST READING)
25) 12R-84 Reappointing Mike McNiff, Doug Biggerstaff, Matt
Morrissey, Mike Berry, and Roger Kreifels to the
Gas Piping Exam Board for a term expiring April
1, 2015.
26) 12R-85 Reappointing Dan Kubr to the Building Code Board
of Appeals for a term expiring April 1, 2015.
27) 12R-86 Reappointing Dennis Biggerstaff to the Heating,
Ventilating, and Cooling Board of Examiners for
a term expiring April 4, 2015.
PENDING LIST - DATE CERTAIN
28) 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. (4/23/12 - P.H. con't. w/Action
on 5/21/12)
Fact Sheet (14K)
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 7:07 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