City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 21, 2012 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT COOK
THERE WILL BE NO MEETING THE WEEK OF MAY 28 DUE TO 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) Request of Public works to set a Public Hearing
date of Monday, June 11, 2012 at 3:00 p.m. and
place on the formal City Council Agenda the
following:
12-54 To provide authority to create a Paving
District in Gladstone from 35th to
36th Streets and in 36th Street from
Gladstone to Hartley Street.
12-55 To provide authority to create and order
constructed a special assessment district for
an 8-inch sanitary sewer main in Almira Lane,
approximately 925 feet west of the west
right-of-way line of 70th Street.
(APPROVED, 6-0)
2) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on May
7, 2012 (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
3) Setting the hearing date of Monday, June 4, 2012
at 3:00 p.m. for the application of K & Z
Distributing Co., Inc. dba K & Z Distributing Co.
for a Class X liquor license located at 6301 North
60th Street. (ADOPTED, 6-0; A-86824)
4) Setting the hearing date of Monday, June 11, 2012
at 3:00 for the application of Famous Brands Group
LLC dba Tilted Kilt for a Class I liquor license
located at 6100 O Street, 5 Gateway Mall, Suite
406. (ADOPTED, 6-0; A-86825)
5) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Waiver No. 12005 approved by the Planning
Director on May 14, 2012, requested by Olsson
Associates, for a waiver to adjust the design
standards to allow outdoor lighting to exceed 2.0
vertical foot-candles at the right-of-way line
along N. 8th St. and "R" St.
6) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
7) Application of Countryview Studios Inc. dba Art &
Soul for a special designated license for an area
measuring 60 feet by 100 to the south and east of
the licensed premises at 5740 Hidcote Drive on May
24, 2012 and May 31, 2012 from 6:00 p.m. to 9:00 p.m.
(ADOPTED FOR APPROVAL, 6-0; A-86826)
8) Application of R&W BBQ, Inc. dba Dickey's Barbecue
Pit for a Class A liquor license at 1226 P Street.
(5/14/12 - Con't. P.H. to 5/21/12)
(ADOPTED FOR APPROVAL, 6-0; A-86827)
9) Manager application of William R. Carter for R&W
BBQ, Inc. dba Dickey's Barbecue Pit at 1226 P
Street. (5/14/12 - Con't. P.H. to 5/21/12)
(ADOPTED FOR APPROVAL, 6-0; A-86828)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 10 THRU 17 HAD 2ND READING)
10) 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)
(CONTINUE P.H. 2 WEEKS TO 6/4/12)
Attachment (150K)
11) 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)
(CONTINUE P.H. 2 WEEKS TO 6/4/12)
Fact Sheet (1353K)
12) 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)
13) 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)
14) 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)
15) 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)
16) 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)
17) 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)
PUBLIC HEARING - RESOLUTIONS
18) 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.
(ADOPTED, 6-0; A-86829)
Fact Sheet (12K)
Attachment (526K)
PUBLIC HEARING
ORDINANCE - 3RD READING
19) 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) (MTA#1 ADOPTED, 5-1;
CARROLL, EMERY, ESKRIDGE, HORNUNG,
SCHIMEK ASSENTING; CAMP DISSENTING;
PASSED AS AMENDED, 5-1;
CARROLL, EMERY, ESKRIDGE, HORNUNG,
SCHIMEK ASSENTING, CAMP DISSENTING; #19712)
Fact Sheet (14K)
Motion To Amend (47K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
20) 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)
(PASSED, 6-0; #19713)
Fact Sheet (995K)
21) 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)
(PASSED, 6-0; #19714)
Fact Sheet (1698K)
22) 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) (ADOPTED, 6-0; A-86830)
Fact Sheet (20K)
Attachment (12K)
23) 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.
(PASSED, 6-0; #19715)
Fact Sheet (211K)
24) 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. (PASSED, 6-0; #19716)
Fact Sheet (137K)
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 25 THRU 27 HAD 1ST READING)
25) 12-58 Authorizing the issuance, sale and delivery
of general obligation refunding bonds of the
City of Lincoln, Nebraska to refund
outstanding general obligation bonds of the
City and related matters.
26) 12-56 Approving the sale of City owned surplus
property described as the east four feet of
Lot 14 and all of Lot 15, Sheldon and Ernst's
Subdivision, commonly known as 2420 Vine
Street, to Richard and Heidi Tast for a sum
of $20,000.00.
Fact Sheet (138K)
Attachment (1801K)
27) 12-57 Amending Chapter 10.14 of the Lincoln
Municipal Code, Rules of the Road, by
amending Section 10.14.290 relating to
careless and reckless driving to add language
to harmonize the section with state statute
language; adding a new section numbered
10.14.295 to harmonize the penalty for
violation of Section 10.14.290(b), reckless
driving, with state statute; by amending
Section 10.14.300 relating to willful
negligent, careless, and reckless driving to
delete the violations of willful negligent
and willful careless driving and to add
language to harmonize the section and penalty
with state statutes.
Fact Sheet (17K)
RESOLUTIONS - 1ST READING (ITEMS 28 THRU 34 HAD 1ST READING)
28) 12R-97 Waiver No. 12004 - Application of Katie Cloran to
reduce the required parking for a proposed
restaurant on property generally located at N.
Cotner Boulevard and Fairfax Avenue.
Fact Sheet (1465K)
29) 12R-98 Approving a Purchase Agreement between the City of
Lincoln and Bound Tree Medical LLC for the
purchase of Controlled Access Pharmaceutical
dispenser Machines along with the necessary
software, service, training, support, server
hosting and data storage for a 36 month term
pursuant to Bid No. 12-015.
Fact Sheet (161K)
Attachment (2042K)
30) 12R-99 Approving Amendments to Agreements for the Annual
Requirements for Equipment and Accessory Rental,
pursuant to Bid No. 09-279, between the City of
Lincoln and Hamilton Equipment, Murphy Tractor,
and NCS Equipment for additional two year terms.
Fact Sheet (146K)
Attachment (1216K)
31) 12R-100 Approving an Amendment to Agreement for the Annual
Requirements for Liquid Injection of Biosolids,
pursuant to Bid No. 10-056, between the City of
Lincoln and Parker Ag Services, LLC for an
additional two year term.
Fact Sheet (135K)
Attachment (374K)
32) 12R-101 Approving a Contract Agreement between the City of
Lincoln and Tighton Tools and Fasteners for the
annual supply of Bus Wash Detergent, pursuant to
Quote 3891, for a two year term with the option to
renew for one additional two year term.
Fact Sheet (147K)
Attachment (9549K)
33) 12R-102 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of May 1 - 15,
2012.
Fact Sheet (14K)
Attachment (22K)
34) 12R-103 Approving the Nebraska Local Public Agency
Interlocal Cooperation Act Agreement between the
City of Lincoln and Lincoln Public Schools to
provide a Responsible Charge Person in support of
the federally funded project "Let's All Pedal to
Prescott" to create a safe, secure and attractive
bicycle court at the main entrance of Prescott
Elementary School.
Fact Sheet (143K)
Attachment (694K)
PENDING LIST - DATE CERTAIN
35) 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. (5/14/12 - Con't
P.H. to 6/4/12)
Fact Sheet (183K)
Attachment 1 (880K)
Attachment 2 (34197K)
Motion To Amend (140K)
PENDING LIST (EXTENDED TWO WEEKS)
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
SESSION FOR THE MONTH OF MAY IS MAY 14TH.
ADJOURNMENT 8:52 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