City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 14, 2012 AT 3:00 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO MEETING THE WEEK OF MAY 28 DUE TO HOLIDAY
OPEN MICROPHONE SESSION TODAY AT END OF MEETING
ELECTION OF COUNCIL CHAIR PERSON AND VICE CHAIR PERSON
ADAM HORNUNG ELECTED CHAIR; CARL ESKRIDGE ELECTED VICE CHAIR
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF APRIL 2012
WAS PRESENTED TO MICHAEL KENNEDY
BUS OPERATOR FOR THE STARTRAN DIVISION
OF THE PUBLIC WORKS & UTILITIES DEPARTMENT
IN THE CATEGORIES OF CUSTOMER RELATIONS AND VALOR
BOARD OF EQUALIZATION - SOUTH STREET MAINTENANCE BID
(BOARD WILL RECONVENE FOR HEARING IN THREE WEEKS ON 6/4/12, 7-0)
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) Annual Report for the year 2011 prepared by City
Law Department dated April 2012. (PLACED ON FILE)
2) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on April
30, 2012. (PLACED ON FILE)
3) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for the month of March,
2012. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) Setting the hearing date of Monday, June 4, 2012
at 3:00 p.m. for the application of Tres
Jalisquillos, Inc. dba La Fiesta Sports Bar for a
change of location of their existing Class C
liquor license currently located at 1037 L Street,
Suite A to their new location described as the
first floor of a two story building approx. 41 ft.
x 142 ft. with basement area approx. 13 ft. x 28
ft. at 935 O Street. (ADOPTED, 7-0; A-86809)
5) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 12013 to Use
Permit No. 53, Russwood Park, approved by the
Planning Director on May 4, 2012 requested by
Brehm Enterprises, Inc. to revise the lot
configuration and parking layout on property
generally located at Russwood Parkway and O
Street.
6) REFERRALS TO THE PLANNING DEPARTMENT:
Change of Zone No. 04075C - Requested by
1640, LLC for an amendment to the Village Gardens
Planned Unit Development for expansion of the area
of the PUD by approximately 41 acres on property
generally located at S. 56th Street and Pine Lake
Road for a Planned Unit Development District
designation and approval of a development plan
which proposes certain modifications to the Zoning
and Land Subdivision Ordinances to allow an
additional approximately 220 dwelling units in the
underlying R-3-zoned area.
Change of Zone No. 12010 - Requested by
Mark Hunzeker amending Section 27.63.685 of the
Lincoln Municipal Code to allow the City Council
to waive the 100-foot separation requirement set
forth in subsection 27.63.685(c) under specified
conditions; and repealing Section 27.63.685 of the
Lincoln Municipal Code as hitherto existing.
Change of Zone No. 12011 - Requested by the
Director of Urban Development from B-4 Lincoln
Center Business District to P Public Use District
on property legally described as that portion of
Lot 3, Block 7 and Outlot G, Antelope Valley 2nd
Addition and vacated right-of-way S. 22nd Street
between K and L Streets located in Section 25-10-
6; and from P Public Use District to B-4 Lincoln
Center Business District on property generally
located at S. 21st Street and M Street.
Special Permit No. 10005A - Requested by
Jeff Keiser for the expansion of an existing
Recreational Facility (Camp Sonshine) 80 to up to
300 camp attendees at any one time during the
summer months; to reconfigure building layout and
add new accessory uses such as a portable
classroom and swimming pool; and to allow up to 20
attendees at an after school program on property
generally located at S. 25th Street and Bennet
Road.
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, setbacks and design standards for provisions
for future street extensions and horizontal street
alignment on property generally located at S.
Coddington Avenue and W. Pleasant Hill Road.
Special Permit No. 12018 - Requested by
Christ's Place Church to allow seasonal sales on
property generally located at Old Cheney Road and
Warlick Boulevard.
Special Permit No. 12020 - Requested by
First Street Bible Church for expansion of a
nonconforming use to allow addition of handicap
entrance on the east side of the building and
parking on the south side of the building on
property generally located at S. 1st Street and F
Street.
7) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
8) Application of JLM Enterprises LLC dba Pine Lake
Golf & Tennis Club for a Class I liquor license at
6601 South 84th Street. (ADOPTED FOR
APPROVAL, 7-0; A-86810)
9) Manager application of Jason L Meininger for JLM
Enterprises LLC dba Pine Lake Golf & Tennis Club
at 6601 South 84th Street. (ADOPTED FOR
APPROVAL, 7-0; A-86811)
10) Application of Bison Courtside LLC dba Park
Centers Banquet Hall for a Class I liquor license
at 2608 Park Boulevard. (ADOPTED FOR APPROVAL,
7-0; A-86812)
11) Manager application of Joel W. Schossow for Bison
Courtside LLC dba Park Centers Banquet Hall at
2608 Park Boulevard. (ADOPTED FOR APPROVAL,
7-0; A-86813)
12) Application of A.B.H. Enterprises LLC dba Hylander
Bar & Grill for the addition of a beer garden
measuring approximately 18 feet by 18 feet to the
east of its licensed premises at 110 West Fletcher
Ave. (ADOPTED FOR APPROVAL, 7-0; A-86814)
13) Manager application of Samantha Petzoldt for GMRI
Inc. dba Red Lobster Restaurant 236 at 6540 O
Street. (ADOPTED FOR APPROVAL, 7-0; A-86815)
14) Application of R&W BBQ, Inc. dba Dickey's Barbecue
Pit for a Class A liquor license at 1226 P Street.
(CON'T P.H. IN ONE WEEK TO 5/21/12, 7-0)
15) Manager application of William R. Carter for R&W
BBQ, Inc. dba Dickey's Barbecue Pit at 1226 P
Street. (CON'T P.H. IN ONE WEEK TO
5/21/12, 7-0)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 16 THRU 20 HAD 2ND READING)
16) 12-43 Change of Zone 12003 - Application of the
Planning Director for a change of zone from
I-1 Industrial District to P Public Use
District, from I-1 Industrial District to O-2
Suburban Office District, from I-1 Industrial
District to B-4 Lincoln Center Business
District, from I-1 Industrial District to I-2
Industrial Park District, from H-3 Highway
Commercial District to P Public Use District,
and from B-4 Lincoln Center Business District
to P Public Use District, on property located
in the West Haymarket generally from North
1st Street to North 7th Street and M Street
to Y Street. (Related Items: 12-43, 12-44,
12R-81) Action Date: 5/21/12)
Fact Sheet (995K)
17) 12-44 Change of Zone 12004 - 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. (Related Items: 12-43,
12-44, 12R-81) Action Date: 5/21/12)
Fact Sheet (1698K)
18) 12R-81 Misc. No. 12001 - Amending Chapter 3.76, Lincoln
Downtown Design Standards, of the City of Lincoln
Design Standards by amending Section 4.1, Site
Development, and Section 4.2, Building Features,
to address exterior features of projects requiring
building permits in the Downtown. (Related
Items: 12-43, 12-44, 12R-81)
(Action Date: 5/21/12)
Fact Sheet (20K)
Attachment (12K)
19) 12-46 Street Name Change 12001 - Renaming that
portion of South 83rd Street which extends
south from the intersection of South 83rd
Street and Wendell Way, as South 83rd Bay.
Fact Sheet (211K)
20) 12-47 Amending Chapter 12.08 of the Lincoln
Municipal Code relating to Parks-General
Rules and Regulations and Title 14 of the
Lincoln Municipal Code relating to Public
Property and Public Ways by amending Section
12.08.010 to revise the definition of "park"
and to add a definition for "park facility";
amending Section 12.08.020 to include
wheelchairs and other power-driven mobility
devices as acceptable vehicles to operate in
areas other than a roadway; amending Section
12.08.070 to provide that it shall be
unlawful for any person to occupy or be
present in a park facility during any hours
said park facility is not open to the public
and to provide that the sidewalks on
Centennial Mall shall be open twenty-four
hours a day; amending Section 12.08.170 to
include a prohibition against destruction at
park facilities; amending Section 14.40.050,
Buildings in Street Space, to prohibit the
erection of any temporary or permanent
building or structure, including tents, upon
any public ground without a permit; amending
Section 14.54.010, definitions relating to
Occupancy Above or Below Public Property to
amend the definition of "structure"; and
amending Section 14.54.020 to clarify that a
permit is required when erecting either a
temporary or a permanent building or
structure underneath, on, or above public
ground.
Fact Sheet (137K)
PUBLIC HEARING - RESOLUTIONS
21) 12R-93 Approving the dedication of certain City owned
parcels generally in Union Plaza, Trago Park,
Government Square, Jensen Park North Addition, and
Hollingsworth for park purposes.
(ADOPTED, 7-0; A-86816)
Fact Sheet (121K)
Attachment (270K)
22) 12R-90 Declaring the official intent of the City of
Lincoln, Nebraska to reimburse certain expenses in
connection with the acquisition, purchase and
installation of light poles and a new telephone
system and improvements to the City's municipal
service center from the proceeds of the City of
Lincoln, Nebraska Certificates of Participation.
(ADOPTED, 6-1; CARROLL, COOK, EMERY, ESKRIDGE,
HORNUNG, SCHIMEK ASSENTING; CAMP DISSENTING;
A-86817)
23) 12R-83 Approving a Contract Agreement between the City of
Lincoln and Fred Ehrlich to provide alfalfa bales
for the City of Lincoln Parks Department for feed
for the Elk and White Tail Deer for a one year
term with the option to renew for three additional
one year terms. (ADOPTED, 7-0; A-86818)
Fact Sheet (150K)
Attachment (1512K)
24) 12R-87 Approving a Contract Agreement between the City of
Lincoln and Novartis Vaccines and Diagnostics,
Inc. for the acquisition of Vaccines as needed for
a term effective upon execution by both parties
through June 30, 2015. (ADOPTED, 7-0; A-86819)
Fact Sheet (149K)
Attachment (5474K)
25) 12R-88 Approving a Contract Agreement between the City of
Lincoln and 3M Company for the supply and delivery
of Reflective Sheeting for a two year term from
February 1, 2012 through January 31, 2014.
(ADOPTED, 7-0; A-86820)
Fact Sheet (158K)
Attachment (6469K)
26) 12R-94 Approving a Contract Agreement between the City of
Lincoln and Capital Towing, Inc. for the annual
requirements for City of Lincoln Towing and
Storage Services, pursuant to Bid No. 12-006, for
a four-year term with an option to renew for one
additional four-year term.
(CON'T P.H. TO 6/4/12, 7-0)
Fact Sheet (183K)
Attachment 1 (880K)
Attachment 2 (34197K)
Motion To Amend (140K)
27) 12R-92 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of April 16 - 30,
2012. (ADOPTED, 7-0; A-86821)
Fact Sheet (14K)
Attachment (20K)
28) 12R-82 Amending Resolution No. A-86318 to change the
portion of the Local Government Miscellaneous
Expenditures Policy regarding the Mayor's Award of
Excellence, including changes to the monetary
award from a U.S. Saving Bond to a Gift
Certificate of the same monetary value for the
individual and team winners of the monthly and
annual awards. (MTA #1 ADOPTED, 7-0; ADOPTED
AS AMENDED, 7-0; A-86822)
Fact Sheet (112K)
29) 12R-89 Comp. Plan Conformance No. 12003 - Adopting and
approving the proposed amendment to the Lincoln
Center Redevelopment Plan which amends the
Entertainment Center/Old Federal Building
Redevelopment Project to add new areas, add new
projects and to rename as "Entertainment
Center/Old Federal Building/Retail Corridor
Redevelopment Project" to include all
rights-of-way for retail revitalization and
street/streetscape improvements generally located
between North 7th Street and North 17th Street,
from O to Q Streets. (ADOPTED, 5-0; CARROLL,
COOK, EMERY, HORNUNG, SCHIMEK ASSENTING;
CAMP, ESKRIDGE ABSTAINING; A-86823)
Fact Sheet (1727K)
Attachment 1 (2211K)
Attachment 2 (17K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
30) 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.
(MTA #1 ADOPTED, 7-0; PASSED AS AMENDED, 5-0;
CARROLL, COOK, EMERY, ESKRIDGE, SCHIMEK ASSENTING;
CAMP, HORNUNG ABSTAINING; #19711)
Fact Sheet (18K)
Motion To Amend (9K)
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 31
THRU 38 HAD 1ST READING)
31) 12R-95 Approving the First Street and Highway 2
Development and Conditional Zoning Agreement
between Sharon Y. Schwartz and Marlyn Schwartz,
Jeffrey T. Colson and Lanette Colson, and the City
of Lincoln to conditionally allow the development
of property located at First Street and Highway 2
(Cheney) to be limited to mini-warehousing should
the property be re-zoned from AG Agricultural
District and R-2 Residential District to H-3
Highway Commercial District. (Related Items:
12R-95, 12-48) (Action Date: 6/4/12)
Attachment (150K)
32) 12-48 Change of Zone 12005 - Application of Sharon
Schwartz and Jeffrey Colson for a Change of
Zone from AG Agricultural District and R-2
Residential District to H-3 Highway
Commercial District on property generally
located at Highway 2 and First Street
(Cheney). (Related Items: 12R-95, 12-48)
(Action Date: 6/4/12)
Fact Sheet (1353K)
33) 12R-96 Approving the Development and Conditional Zoning
agreement between Enterprise Company Inc., Wyuka
Cemetery and the City of Lincoln to conditionally
allow an existing building to be used for retail
and other uses allowed in the B-1 District should
the property generally located at North 35th
Street and O Street be re-zoned from O-2 Suburban
Office District to B-1 Local Business District.
(Related Items: 12R-96, 12-49) (Action Date:
6/4/12)
Attachment (290K)
34) 12-49 Change of Zone 12006 - Application of
Enterprise Company, Inc. for a change of zone
from O-2 Suburban Office District to B-1
Local Business District on property generally
located at North 35th Street and O Street.
(Related Items: 12R-96, 12-49) (Action
Date: 6/4/12)
Fact Sheet (1499K)
35) 12-50 Change of Zone 12007 - Application of Geico
Development Inc. for a change of zone from AG
Agricultural District to AGR Agricultural
Residential District on property generally
located at West Pleasant Hill Road and South
Coddington Avenue.
Fact Sheet (1245K)
36) 12-51 Approving the Food and Beverage Services
Agreement for the Pinnacle Bank Arena and
Related Facilities between the City of
Lincoln and SMG Food and Beverage LLC dba
SAVOR for a three year term commencing
September 1, 2013 with the option to renew
for one additional three year term.
Fact Sheet (18K)
Attachment (579K)
37) 12-52 Approving the Management Agreement for
Pinnacle Bank Arena between the City of
Lincoln and SMG to operate and manage the
Pinnacle Bank Arena and other Facilities for
a three year term commencing September 1,
2013 with the option to renew for one
additional three year term.
Fact Sheet (18K)
Attachment (2343K)
38) 12-53 Approving the First Amendment to Parking Lot
Ground Lease between Lincoln Depot Limited
Partnership (Lessor) and the City of Lincoln
(Lessee) to reflect a reduction in rent due
to the JPA's purchase of the parking lots in
the lease.
Fact Sheet (115K)
Attachment (160K)
RESOLUTIONS - 1ST READING (ITEM 39 HAD 1ST READING)
39) 12R-91 Providing authority to assess property owners for
the cost of snow and ice removal by the City from
sidewalks adjacent to their property during the
winter season of 2011 - 2012.
Fact Sheet (12K)
Attachment (526K)
PENDING LIST - DATE CERTAIN
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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
SESSION FOR THE MONTH OF MAY IS MAY 14TH.
ADJOURNMENT 5:33 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