City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 18, 2013 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP.
THERE WILL BE NO MEETING THE WEEK OF DECEMBER 2
IN OBSERVANCE OF THANKSGIVING HOLIDAY
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) 13R-256 Appointing Jennifer Lesoing-Lucs to the
StarTran Advisory Board for a term
expiring October 20, 2016. (ADOPTED, 6-0;
A-87646)
Attachment (85K)
2) 13R-257 Appointing Maja Viklands Harris to the
Lincoln City-Lancaster County Planning
Commission for a term expiring
August 31, 2019. (ADOPTED, 6-0; A-87647)
Attachment (163K)
3) 13R-258 Reappointing Ken Weber to the Lincoln
City-Lancaster County Planning Commission
for a term expiring September 24, 2019.
(ADOPTED, 6-0; A-87648)
4) Resolution assessing special taxes for
the costs of the improvements in the
Downtown Business Improvement District,the
Core Business Improvement District Overlay
and the Downtown Maintenance District.
(ADOPTED, 6-0; A-87649)
5) Resolution approving the distribution of
funds representing interest earnings on
short-term investments of Idle Funds during
the months ended July 31, August 31,
September 30, 2013. (ADOPTED, 6-0; A-87650)
6) Affidavit of Mailing for the Assessment of
Weed Abatement by the County Weed Control
Authority for the calendar year January 1,
2013 through December 31, 2013.
(PLACED ON FILE)
7) Report from City Treasurer of City Cash
on hand at the close of business
September 30, 2013. (PLACED ON FILE)
8) Clerk's letter and Mayor's Approval of
Resolutions and Ordinances passed by the
City Council on October 28, 2013.
(PLACED ON FILE)
9) Clerk's letter and Mayor's Approval of
Resolutions and Ordinances passed by the
City Council on November 04, 2013.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
10) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 13063 to Special
Permit No. 1674, Cheney Ridge Community Unit
Plan, approved by the Planning Director on
October 23, 2013 requested by Flats at 84, LLC
to revise the apartment site layout, to add
Note #32 to allow stacked parking on a driveway
approach leading to a garage and to adjust
the maximum building height to 45' for the
apartment buildings on Lot 48, Block 1, on
property generally located near S. 84th Street
and Cheney Ridge Rd.
Administrative Amendment No. 13067 to Final
PlatNo. 96011, approved by the Planning Director
on October 30, 2013 requested by University of
Nebraska Foundation to extend the time for two
years to install sidewalks and street trees for
University of Nebraska Technology Park Original
Addition. The improvements shall be completed
by October 30, 2015. Property is generally
located at NW 1st Street and Highland Blvd.
Administrative Amendment No. 13069 to Final
Plat No. 06109, approved by the Planning Director
on October 30, 2013 requested by University of
Nebraska Foundation to extend the time for two
years to install sidewalks and street trees for
University of Nebraska Technology Park 2nd
Addition. The improvements shall be completed by
October 30, 2015. Property is generally located
at NW 1st Street and Highland Blvd.
Administrative Amendment No. 13075 to Special
Permit No. 07041, Fox Trail Estates Community
Unit Plan, was denied by the Planning Director
on October 29, 2013 requested by Vladimir Gorelyy
and Nataliya Chorna, to reduce the setbacks on
outlots on property generally located at SW 56th
Street and W. Old Cheney Rd.
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
11) Application of Small Town Bar Inc. dba Roadhouse
Bar and Grill for a Class I liquor license at
1501 Center Park Road, Suite 300.
(ADOPTED FOR APPROVAL, 6-0; A-87651)
12) Manager application of Timothy Rowland for
Small Town Bar Inc. dba Roadhouse Bar and
Grill at 1501 Center Park Road, Suite 300.
(ADOPTED FOR APPROVAL, 6-0; A-87652)
13) Application of Yami Korean Cuisines LLC DBA
Yami Korean Cuisine for a Class C liquor
license at 2840 South 70th Street, Suite 145.
(ADOPTED FOR APPROVAL, 6-0; A-87653)
14) Manager application of Amy Kim for Yami
Korean Cuisines LLC dba Yami Korean Cuisine
at 2840 South 70th Street, Suite 145.
(ADOPTED FOR APPROVAL, 6-0; A-87654)
15) Application of WFM Nebraska LLC dba Whole
Foods Market for a Class C liquor license
at 6055 O St.(ADOPTED FOR APPROVAL, 6-0; A-87655)
16) Manager application of Sherry L. Moore for
WFM Nebraska LLC dba Whole Foods Market at
6055 O Street. (ADOPTED FOR APPROVAL, 6-0; A-87656)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEM 17 HAD 2ND READING)
17) 13-135 Amending Section 5.04.210 of the Lincoln
Municipal Code to correct the amount of
the occupation tax to be charged for
Entertainment District liquor licenses.
Fact Sheet (34K)
PUBLIC HEARING - RESOLUTIONS(PLEASE SEE ITEM #33, BILL NO. 13R-262
UNDER"RESOLUTIONS - 1ST READING")
18) 13R-259 Approving an Engineering Services Agreement
between the City of Lincoln and Kirkham,
Michael and Associates, Inc. for the
Jamaica North Trail Phase II, NDOR Project
No. ENH-55(160), Control No. 12879.
(Related Items: 13R-259, 13R-262) (ADOPTED,
6-0; A-87657)
Fact Sheet (101K)
Attachment (3137K)
19) 13R-260 Accepting the report of new and pending
claims against the City and approving
disposition of claims set forth for the
period of October 16 - 31, 2013. (ADOPTED,
6-0; A-87658)
Fact Sheet (7K)
Attachment (20K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
20) 13-128 Change of Zone 13019 - Application of
Piedmont Shopping Center, LLC for a change
of zone from B-1 Local Business District
to B-3 Commercial District PUD on property
generally located at Cotner Blvd. and A St.;
for a Planned Unit Development District
designation of said property; and for approval
of a development plan with modifications to
the Design Standards, Zoning Ordinance, and
Land Subdivision Ordinance to allow improvements
and B-3 uses on the underlying B-3 zoned area.
(10/14/13 - Public Hearing delayed to 11/4/13) (MTA#1
TO ACCEPT SUBSTITUTE ORDINANCE ADOPTED, 6-0; PASSED
AS AMENDED, 6-0; #19948)
Fact Sheet (2076K)
Motion To Amend (79K)
21) 13-134 Change of Zone 13023 - Application of MBA
Apartments, LLC for a change of zone from
R-1 Residential to R-4 Residential District
on property generally located northwest of
S. 56th St. and Hwy. 2. (PASSED, 6-0; #19949)
Fact Sheet (2775K)
"Ordinances - 1st Reading" & "Resolutions - 1st Reading" are on Agenda
for Advance Notice Only Public Hearing will occur on Second Reading
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 22
THRU 31 HAD 1ST READING)
22) 13-133 Creating Special Assessment Water District
No. 1204 for the purpose of constructing
an 8-inch diameter water main in W. Prospector
Ct. from S. Folsom Street to S.W. 6th Street,
a 6-inch diameter water main in S.W. 6th Street
from W. Prospector Ct. to approximately 400
feet south of W. High Street, and a 6-inch
diameter water main in W. High Street from S.
Folsom Street to S.W. 6th Street, and assessing
the costs thereofagainst the benefitted property.
Fact Sheet (14K)
Attachment (1093K)
23) 13R-263 Comp. Plan Amendment No. 13002 - Amending the
2040 Lincoln-Lancaster County Comprehensive
Plan to change approximately 477 acres of land
from Public and Semi-Public to Industrial, to
add a Moderate to Heavy Industrial Center to
the Existing and Proposed Industrial Centers
map, and to change approximately 395 acres from
Tier I, Priority C, to Tier I, Priority A, on
property generally located at N.W. 27th Street
and Highway 34. (Related Items: 13R-263,
13R-264,13-136, 13-137)
Fact Sheet (2900K)
Attachment (2956K)
24) 13R-264 Approving a Memorandum of Understanding
between the City of Lincoln and the Airport
Authority of the City of Lincoln outlining
the infrastructure requirements related to
the annexation of approximately 435 acres of
property, to be known as Railpark, generally
located at N.W. 27th Street and Highway 34.
(Related Items: 13R-264, 13R-263, 13-136, 13-137)
Fact Sheet (12K)
Attachment (3201K)
25) 13-136 Annexation No. 13005 - Amending the Lincoln
corporate Limits Map by annexing approximately
435 acres generally located at N.W. 27th Street
and Highway 34.(Related Items: 13-136, 13-137,
13R-263, 13R-264)
Fact Sheet (3156K)
Attachment (483K)
26) 13-137 Change of Zone 13022 - Application of Lincoln
Airport Authority for a change of zone from P
Public Use District and AG Agriculture District
to I-1 Industrial District, and from P Public
Use District, AG Agriculture District and B-1
Local Business District to H-3 Highway
Commercial District, on property generally
located at N.W. 27th Street and Highway 34.
(Related Items: 13-137, 13-136, 13R-263, 13R-264)
Fact Sheet (3588K)
27) 13-138 Text Amendment No. 13006 - Amending Chapter
27.72 of the Lincoln Municipal Code, Height
and Lot Regulations, by amending Section
27.72.020 to reduce the required rear yard
in the R-1 through R-4 zoning districts for
single- and two-family dwellings as set forth
in Table 27.72.020(a); by amending Section
27.72.060 to modify the provisions regarding
the projection of patios, terraces, uncovered
decks, and ornamental features into a required
yard; and adding a new section numbered 27.72.190
granting the Planning Director authority to
approve minor modifications to the rear yard
setback under specified conditions.
Fact Sheet (214K)
28) 13-139 Change of Zone 13024 - Application of Charles
Earley for a change of zone from R-2 Residential
District to R-5 Residential District on property
generally located at 4926 Garland Street.
Fact Sheet (477K)
29) 13-140 Vacation No. 12007 - Vacating the east-west
alley between S. 1st and S. 2nd Streets and
between N and O Streets; vacating N Street
between S. 1st and S. 2nd Street and vacating
the west 14 feet of S. 2nd Street between O
and M Streets.
Fact Sheet (1552K)
30) 13-141 Approving a sublease agreement between the
Nebraska Department of Administrative Services
on behalf of the Nebraska Department of
Education Vocational Rehabilitation Services
and the City of Lincoln for the sublease by
Nebraska Department of Administrative Services
of 160 square feet of space at 1111 O Street,
Suite 205, for purposes of Workforce Investment
Act Services and the American Job Center for a
four year term of October 1, 2013 through
September 30, 2017.
Fact Sheet (12K)
Attachment (375K)
31) 13-142 Approving a sublease agreement between the
Nebraska Department of Administrative Services
on behalf of the Nebraska Department of Labor,
Office of Unemployment Insurance and the City
of Lincoln for the sublease by Nebraska
Department of Administrative Services of 53.75
square feet of space at 1111 O Street, Suite
205, for purposes of Workforce Investment Act
Services and the American Job Center for a
four year term of October 1, 2013 through
September 30, 2017.
Fact Sheet (12K)
Attachment (358K)
RESOLUTIONS - 1ST READING (ITEMS 32 THRU 38 HAD 1ST READING;
SEE ITEM #33)
32) 13R-261 Declaring the official intent of the City
of Lincoln, Nebraska to reimburse certain
expenses from the proceeds of City of Lincoln,
Nebraska Certificates of Participation in
connection with the acquisition, purchase
and installation of light poles.
33) 13R-262 Approving the funding obligation, selection
of contractor and authorizing the Mayor to
sign the contracts of a Federal Aid Project
for the final phase of the Jamaica North
Trail from approximately 4th and Calvert
Streets to 4th and J Streets along the
abandoned Union Pacific Corridor. NDOR
Project No. ENH-55(160), CN 12879.(Related
Items: 13R-262, 13R-259)(RULES WAIVED TO HAVE 1ST
& 2ND READING W/ ACTION ON THIS DATE,6-0;
ADOPTED, 6-0; A-87659)
Fact Sheet (101K)
Attachment (296K)
34) 13R-265 Comp. Plan Conformance No. 13010 - Approving
the Yolande Avenue Redevelopment Plan to add
"Project 1" for the redevelopment of two
parcels on the south side of Yolande Avenue
commonly known as 1735 and 1801 Yolande Avenue,
for a 100,000 sq. ft. building with approximately
30,000 sq. ft. of manufacturing, 30,000 sq. ft.
of warehouse space and 40,000 sq. ft of office
space in the area generally bounded by N. 14th
Street to N. 24th Street between Cornhusker
Highway and Salt Creek.
Fact Sheet (1357K)
Attachment (2157K)
35) 13R-266 Amending Resolution No. A-87210 for the Air
Quality Program Grant (105 Funds) to extend
the term of the grant from September 30, 2013
to December 31, 2013.(Consent)
Fact Sheet (39K)
Attachment (90K)
36) 13R-268 Appointing Joe Rupp to the City Personnel
Board for a term expiring June 22, 2018.
Attachment (233K)
37) 13R-269 Appointing Pat Kahm to the City Personnel
Board for a term expiring June 22, 2016.
Attachment (260K)
38) 13R-270 Appointing Kent Mattson to the City Personnel
Board for a term expiring June 22, 2015.
Attachment (195K)
PENDING LIST - DATE CERTAIN
39) 13R-254 Adopting the Lincoln Electric System Rate
Schedules providing for a system average rate
increase of 2.9%, effective January 1, 2014.
(Action date: 11/25/13)
Fact Sheet (159K)
40) 13R-255 Adopting the Lincoln Electric System Annual
Budget for 2014, to become effective
January 1, 2014. (Action date: 11/25/13)
Fact Sheet (160K)
41) 13-108 Creating Special Assessment Re-Paving
District No. 158 for the purpose of
reconstructing portions of 66th St., Almira
Lane, Marcus Rd., and Anns Ct. within the
Country Meadows Homeowners Association
Boundaries, and assessing the costs thereof
against the benefitted properties.
(10/7/13 - Action Delayed with Cont'd
Public Hearing for 3 Weeks to 10/28/13)
(10/21/13 - Action delayed with Cont'd
Public Hearing to 11/4/13)(10/21/13 - Action
delayed with Cont'd Public Hearing to 12/9/13)
Fact Sheet (13K)
Attachment (133K)
PENDING LIST (EXTENDED ONE WEEK)
42) 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
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. INDIVIDUALS ARE
ALLOWED A TOTAL OF 5 MINUTES TO SPEAK REGARDLESS OF THE
NUMBER OF TOPICS. FOR THE MONTH OF NOVEMBER, THESE WILL BE
HELD ON NOV. 18TH AND NOV. 25TH.
ADJOURNMENT 3:36 P.M.
UPCOMING HEARINGS
Resolution Setting the Hearing Date of Monday, December 16, 2013,
at 5:30 p.m. for the Assessment of Weed Abatement costs incurred
by the City of Lincoln for the period of January 1, 2013 Through
December 31, 2013.
***
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