City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 17, 2012 AT 3:00 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
CONSENT AGENDA
MAYOR'S AWARD OF EXCELLENCE
FOR THE MONTH OF AUGUST 2012 WAS PRESENTED TO
BRET DAVIS, CAPTAIN FOR FIRE EMERGENCY SERVICES OF
LINCOLN FIRE & RESCUE IN THE CATEGORIES OF
CUSTOMER RELATIONS AND PRODUCTIVITY
Anyone wishing to address an item on the Consent Agenda may do so at this time
REPORTS OF CITY OFFICERS
NONE
PETITIONS & COMMUNICATIONS
1) Setting the hearing date of Monday, October 1,
2012 at 3:00 p.m. for the manager application of
Michael L. Starkey for Whitehead Oil Company dba
U-Stop #3 located at 610 S. 10th Street.
(ADOPTED, 7-0; A-86993)
2) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
3) Application of Tack Room Inc./Tack Room
Properties, LLC for a special designated liquor
license in an outdoor area measuring
approximately 60 feet by 90 feet to the south of
its licensed premises at 1445 Cornhusker Highway
on October 13, 2012 from 5:30 p.m. to 2:00 a.m.
(Request to delay action to 9/24/12)
(See 12-116)(DELAYED ONE WEEK TO 9/24/12
FOR ACTION ONLY, 7-0)
4) Application of WMJD, LLC dba Single Barrel for a
special designated liquor license in an outdoor
area measuring approximately 18 feet by 120 feet
to the east of its licensed premises at 130
North 10th Street on September 29, 2012 from
8:00 a.m. to 12:00 a.m. (ADOPTED FOR APPROVAL,
7-0; A-86994)
5) Application of Lami Enterprises, LLC dba
Guesthouse Inn for a special designated license
to cover an area measuring 31 feet by 130 feet
at 815 O Street on September 22, 2012 from 10:00
a.m. to 2:00 a.m. (WITHDRAWN, 7-0; #38-4624)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 6
THRU 12 HAD 2ND READING)
Item #31 (Bill No. 12-119) may have Public Hearing on this date;
requires a 2/3 vote of Council
6) 12-113 Authorizing the issuance, sale and delivery of
Holdrege/Idylwild Redevelopment Project Tax
Allocation Bonds of the City of Lincoln,
Nebraska.
7) 12-114 Authorizing the execution and delivery of a
First Amendment to Loan Agreement among the City
of Lincoln, Nebraska, The Dairy House, LLC, and
Pinnacle Bank, and related documents.
(Related: 12-114, 12R-221)(Action Date: 9/24/12)
8) 12R-221 Approving Amendment No. 2 to the Redevelopment
Agreement (Telesis/Dairy House Project) between
the Dairy House LLC and the City of Lincoln for
a change of the Building Condominium Units in
Phase One and the corresponding change to the
legal description for the Redevelopment Project
Site. (Related: 12-114, 12R-221)(Action Date: 9/24/12)
Fact Sheet (24K)
Attachment (388K)
9) 12R-219 Approving Amendment No. 1 to the Highway 77 &
Warlick Boulevard Conditional Annexation and
Zoning Agreement between the City of Lincoln and
Dial-Hwy 77, LLC, Great Western Bank, Southport
Ventures Company, LLC, Spangles, LLC, Austin
Realty Company, LeGrande Excavating, Inc., and
Norman H. LeGrande, to amend the Southwest
Village PUD site plan on property generally
located at Highway 77 and Warlick Boulevard and
to clarify the requirements for construction of
infrastructure improvements to serve the PUD.
(Related Items: 12R-219, 12-115)(Action Date: 9/24/12)
Fact Sheet (12K)
Attachment (1290K)
10) 12-115 Change of Zone 05061A - Application of Horsemans
Benevolent & Protection Association to amend the
Southwest Village Planned Unit Development to
show a horse race course, simulcast facility,
barns and accessory buildings to the southwest
of 1st Street and West Denton Road; to allow all
B-2 zoning district conditional and special
permitted uses as permitted uses; and to waive
the requirement for 1st Street to be paved prior
to the race course construction, on property
generally located at Highway 77 and West Denton
Road. (Related Items: 12R-219, 12-115)
(Action Date: 9/24/12)
Fact Sheet (19590K)
Motion To Amend (7K)
11) 12-116 Change of Zone 12023 - Application of Tackroom
Properties, LLC for a change of zone from H-3
Highway Commercial District to I-1 Industrial
District on property generally located at North
14th Street and Cornhusker Highway.
Fact Sheet (1412K)
12) 12-117 Change of Zone 12024 - Application of the
Lincoln Community Playhouse for a change of zone
from R-2 Residential District and R-3
Residential District to O-3 Office Park District
PUD for the Lincoln Community Playhouse Planned
Unit Development and for approval of a
development plan for modifications to the Zoning
Ordinance and Subdivision Ordinance to allow the
existing community playhouse and future
commercial development on the underlying O-3
zoning district, on property generally located
at South 56th Street and Lillibridge Street.
Fact Sheet (532K)
A SPECIAL PUBLIC HEARING SHALL BE HELD ON
MONDAY, SEPTEMBER 17, 2012, AT 3:00 P.M. OR AS SOON THEREAFTER
AS POSSIBLE ON THE FOLLOWING RESOLUTION: BILL NO. 12R-213
13) 12R-213 Approving the 2012-2013 City tax rate of .31580
per $100.00 of assessed valuation. (ADOPTED, 7-0; A-86995)
PUBLIC HEARING - RESOLUTIONS
14) 12R-220 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of August 16 -
31, 2012. (CAMP SPLIT THE QUESTION.
BRIARHURST HOA CLAIM ADOPTED AS DENIED BY
LAW DEPT., 5-2; CARROLL, COOK, EMERY, ESKRIDGE,
SCHIMEK ASSENTING; CAMP, HORNUNG DISSENTING;
ALL OTHER CLAIMS ADOPTED, 7-0; A-86996)
Fact Sheet (10K)
Attachment (22K)
15) 12R-214 Approving four Contract Agreements between the
City and Husker Car Wash, Inc., JetSplash Full
Service Car Wash, West "O" Super Wash, and
Randolph Carwash, Inc. for the annual
requirements for Vehicle Washes and Related
Services, pursuant to Quote No. 4083, for
four-year terms. (ADOPTED, 7-0; A-86997)
Fact Sheet (271K)
Attachment (6100K)
16) 12R-215 Approving the labor contract between the City of
Lincoln and the Police Union to be effective
August 16, 2012 through August 31, 2014.
(ADOPTED, 7-0; A-86998)
Fact Sheet (86K)
Attachment (266K)
Attachment - Redlined Version (272K)
17) 12R-216 Comp. Plan Conformance 12011 - Approving an
amendment to the Lincoln Center Redevelopment
Plan to add the "3 Landmark Centre Redevelopment
Project" for a new office building and parking
garage on Block 120, Original Plat of Lincoln,
and adjacent right-of-way and to revise the
Lincoln Mall Capitol Environs Redevelopment
Project boundary to remove the south half of
Block 120, generally located between Lincoln
Mall, K Street, South 11th Street and South 12th
Street. (ADOPTED, 7-0; A-86999)
Fact Sheet (2610K)
Attachment (3029K)
Attachment 2 (1887K)
18) 12R-217 Waiver 12013 - Appeal of Anne Cech from the
Planning Commission denial of her request to
waive the requirement of § 26.23.095 of the
Land Subdivision Ordinance to install a sidewalk
along the east side of Clifford Drive abutting
4010 Clifford Drive, generally located northeast
of the intersection of South 40th Street and
Pioneers Boulevard. (ADOPTED, 4-3; CARROLL,
COOK, ESKRIDGE, SCHIMEK ASSENTING; CAMP, EMERY,
HORNUNG DISSENTING; A-87000)
Fact Sheet (822K)
19) 12R-218 Combined Special Permit/Use Permit 13A -
Application of BryanLGH Medical Center to modify
the sign package approved as part of the
combined permit for the health care facility to
allow an additional center identification sign
at the corner of South 40th Street and Pine Lake
Road. (ADOPTED, 7-0; A-87001)
Fact Sheet (3482K)
20) 12R-194 Approving an amendment to the Interlocal
Agreement between the City of Lincoln and
Lancaster County for a Communications Center to
continue to serve the communications needs of
the Lincoln Police Department, Lincoln Fire &
Rescue, Lancaster County Sheriff's Office, and
those rural Fire/EMS agencies with membership in
the Lancaster County Mutual Aid Association.
(8/20/12 - P.H. con't to 9/10/12)
(9/10/12 - Con't P.H. to 9/17/12)
(CON'T P.H. ONE WEEK TO 9/24/12, 7-0)
Fact Sheet (102K)
Attachment (161K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
21) 12-103 Comprehensive Plan Conformance 11011 - Declaring
approximately 1.38 acres of property generally
located at South 23rd Street and N Street as
surplus property (Related: 12-103, 12-102)
(Action Date: 9/17/12) (PASSED, 7-0; #19774)
Fact Sheet (239K)
22) 12-102 Approving an Interlocal Agreement between the
City and Lancaster County School District 001 to
transfer ownership of land at 25th and N Streets
to Lincoln Public Schools and to develop and
manage a shared parking lot on the subject site.
(Related: 12-103, 12-102)(Action Date: 9/17/12)
(PASSED, 7-0; #19775)
Fact Sheet (119K)
Attachment (2477K)
23) 12-111 Amending the pay schedule for a certain employee
group by adjusting the hourly pay range schedule
and schedules of annual, monthly, biweekly and
hourly pay range equivalents for employees of
the City of Lincoln whose classifications are
assigned to pay ranges prefixed by the letter
"M" to be effective August 16, 2012.
(PASSED, 7-0; #19776)
Fact Sheet (161K)
Attachment (245K)
24) 12-105 Change of Zone 12018 - Application of Kinport
Corporation for a change of zone from B-1 Local
Business District, R-6 Residential District and
R-5 Residential District to B-1 Local Business
District PUD, from R-2 Residential District to
R-2 Residential District PUD, and from R-6
Residential District to R-6 Residential District
PUD, on property generally located at North 35th
Street and Holdrege Street for a planned unit
development district designation of said
property, and approval of a development plan to
allow approximately 66,000 square feet of
commercial floor area and approximately 40
residential dwelling units.
(8/20/12 - To have 2nd Reading/P.H. on 9/10/12)
(Action Date: 9/17/12) (Related: 12-105, 12-112,
12R-212, 12R-210, 12R-211)(Action Date: 9/17/12)
(PASSED, 7-0; #19777)
Fact Sheet (584K)
25) 12-112 Vacation 12004 - Vacating North 35th Street
between Holdrege Street and Starr Street and the
east 200 feet of the east-west alley between
North 34th Street and North 35th Street.
(Related: 12-105, 12-112, 12R-212,
12R-210, 12R-211) (Action Date: 9/17/12)
(PASSED, 7-0; #19778)
Fact Sheet (604K)
26) 12R-212 Approving the request of Kinport Corporation for
a Deviation from the Access Management Policy to
allow the removal of the right turn lane in
Holdrege Street at 35th Street. (Related: 12-105,
12-112, 12R-212, 12R-210, 12R-211)(Action Date: 9/17/12)
(ADOPTED, 7-0; A-87002)
Fact Sheet (17K)
Attachment (531K)
27) 12R-210 Approving the Holdrege/Idylwild Redevelopment
Agreement between the City, Kappa Foundation and
Kinport Corporation relating to the
redevelopment of property generally located
between North 34th Street and North 37th Street
on Holdrege Street. (Related: 12-105, 12-112,
12R-212, 12R-210, 12R-211) (Action Date: 9/17/12)
(ADOPTED, 7-0; A-87003)
Fact Sheet (148K)
Attachment (848K)
28) 12R-211 Amending the FY 12/13 CIP to authorize and
appropriate $1,127,413 in TIF funds for
Holdrege/Idylwild projects. (Related: 12-105,
12-112, 12R-212, 12R-210, 12R-211) (Action Date:
9/17/12) (ADOPTED, 7-0; A-87004)
Fact Sheet (117K)
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 29
THRU 32 HAD 1ST READING)
29) 12-118 Change of Zone 12026 - Application of
NeighborWorks Lincoln for a change of zone from
R-6 Residential District to R-6 Residential
District with a Landmark Overlay to designate
the Dr. O.C. Reynolds House as a landmark on
property generally located at 2530 Q Street.
(Related Items: 12-118, 12R-222)
(Action Date: 10/1/12)
Fact Sheet (2802K)
Attachment (337K)
30) 12R-222 Special Permit 12030 - Application of
NeighborWorks Lincoln to permit the use of a
designated landmark for offices, education
center and meeting space and to modify the front
and rear yard setbacks on property generally
located at 2530 Q Street. (Related Items: 12-118,
12R-222) (Action Date: 10/1/12)
Fact Sheet (2177K)
31) 12-119 Amending Title 17 of the Lincoln Municipal Code
relating to Water by amending Section 17.26.010,
Emergency Restrictions, to provide that a
violation of the section shall be an infraction
and to provide the penalty therefor; amending
Section 17.62.010, Penalties, to provide that
the penalties in Section 17.62.010 shall apply
to all violations of Title 17 unless otherwise
stated. (Request to combine 1st, 2nd, 3rd
Readings w/P.H. 9/17/12)
Fact Sheet (74K)
32) 12-122 Amending Title 14 of the Lincoln Municipal Code
relating to Public Property and Public Ways by
adding a new Chapter 14.34 entitled "Film
Permits" to create an efficient process for
issuing permits for filming operations within
the City of Lincoln.
Fact Sheet (74K)
RESOLUTIONS - 1ST READING (ITEMS 33 THRU 37 HAD 1ST READING)
33) 12R-223 Approving an Interlocal Agreement between the
City of Lincoln and Butler County, Nebraska for
the operation, management, support, monitoring
and evaluation of the Butler Senior Services
Program through the Lincoln Area Agency of
Aging's community aging service programs.
Fact Sheet (98K)
Attachment (2153K)
34) 12R-224 Approving an Interlocal Agreement between the
City of Lincoln, on behalf of the Lincoln-
Lancaster County Health Department, and
Lancaster County, on behalf of the Lancaster
County Corrections Community Service Program, to
provide roadside litter pickup along County
roads for the Health Department for a term of
April 15, 2012 through December 15, 2012.
Fact Sheet (87K)
Attachment (352K)
35) 12R-225 Authorizing and supporting the County of
Lancaster's application to the State of Nebraska
Game and Parks Commission for financial
assistance from the Recreational Trails Program
for replacing the Wilderness Park Bike Bridge
located between Old Cheney Road and Pioneers
Boulevard.
Fact Sheet (110K)
36) 12R-226 Approving an extension of the term of an
Interlocal Agreement between the City of Lincoln
and the Lincoln-Lancaster County Public Building
Commission through December 29, 2012, for the
installation of a solar renewable energy rooftop
array on the Lincoln Police Department Center
Team headquarters building at 1501 North 27th
Street, utilizing federal Energy Efficiency and
Conservation Block Grant funds.
Fact Sheet (123K)
Attachment (68K)
37) 12R-227 Approving a Memorandum of Agreement Regarding
Establishing and Funding of the Endowment for
Idylwild Park and Medians between Sam
Properties, Inc. and the City of Lincoln which
provides for the establishment of an endowment
fund to fund major repairs, replacements,
renovation and regular maintenance for Idylwild
Park generally located at the intersection of
Idylwild Drive and Apple Street and the Idylwild
Drive Medians.
Fact Sheet (100K)
Attachment (15K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
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)
45) 12-76 Amending Section 10.34.030 of the Lincoln
Municipal Code relating to Parking Meters:
Deposit of Coins and Time Limits, to
provide that no parking fee shall be
charged on Martin Luther King Day,
Presidents Day and Veterans Day.
(6/25/12 - Placed on Pending - No
Date Certain)
Fact Sheet (17K)
46) 12-92 Amending Section 12.08.270 of the Lincoln
Municipal Code relating to alcoholic liquor
prohibited in parks to allow alcoholic
beverages to be served and consumed at Auld
Pavilion during periods that are subject to
an agreement between the City and a private
business for rental of the facility and
catering related events. (8/6/12 - To
have 2nd Reading/P.H. on 9/10/12)
(9/10/12 - Placed on Indefinite Pending)
Fact Sheet (204K)
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 SEPTEMBER ARE THE 10TH AND 24TH.
ADJOURNMENT 4:54 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