City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 22, 2012 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP & HORNUNG
THE MEETINGS OF OCTOBER 8TH AND 29TH BEGIN AT 5:30 P.M.
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) 12R-250 Appointing Leo C. Benes to the Alarm Review
Board for a term expiring July 1, 2013.
(ADOPTED, 5-0; A-87056)
Attachment (70K)
2) Affidavits of Mailing for Board of Equalization
for Downtown Business Improvement District, Core
Business District Overlay and Downtown Maintenance
District to be held Monday, November 5, 2012,
at 3:00 p.m. (PLACED ON FILE)
3) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on October 8, 2012. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) REFERRALS TO THE PLANNING DEPARTMENT:
Special Permit No. 12032 - Requested by
Katharine Cloran for the authority to sell
alcoholic beverages for consumption on the
premises of a restaurant generally located at N.
Cotner Boulevard and Fairfax Avenue (1551 N.
Cotner Boulevard).
Special Permit No. 12033 - Requested by
Lindsey Kubicek for an early learning childhood
care facility for up to 99 children on property
generally located at S. 48th Street and Apple
Hill Lane (3134 S. 48th Street).
5) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 12053 to
Special Permit No. 1753B, Vavrina Meadows 1st
Addition, approved by the Planning Director on
October 11, 2012, requested by ESP, Inc., to
modify the lot size of Lot 4, Block 33, to add
an additional clubhouse building for the
residents of the apartment complex on property
generally located at S. 14th Street and Yankee
Hill Road.
Administrative Amendment No. 12055 to
Special Permit No. 12014, Pleasant Hill Acres
Community Unit Plan, approved by the Planning
Director on October 12, 2012 requested by Geico
Development, Inc. to revise the minimum building
opening elevationon property generally located
near S. Coddington Avenue and W. Pleasant Hill
Road.
Administrative Amendment No. 11068 to
Change of Zone No. 10018, Innovation Campus
Planned Unit Development, approved by the
Planning Director on October 12, 2012 requested
by Olsson Associates to revise the street layout
and block layout; remove the open swale along
streets; revise the cross section of streets;
revise the grading and drainage plan; revise
flood plain information by decreasing the
storage area, but still resulting in zero net
rise; change the number of hotel rooms from 135
to 200; revise the bike trail location to show a
protected bike path along Invention Boulevard.;
establish a height limit of 93 feet, since the
height limit was eliminated by City Council in
order that it may be set by administrative
amendment; clarify and revise the General Notes,
and update text on permitted uses, height & area
and parking, on property generally located at N.
Antelope Valley Parkway and Salt Creek Roadway.
6) MISCELLANEOUS REFERRALS
Setting the hearing date of Monday, November 5, 2012
at 3:00 p.m. for the application of Ironhorse, LLC
dba Cask for a Class C liquor license located at
728 Q Street, Suite B. (ADOPTED, 5-0; A-87057)
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
7) Application of Henry Mac, LLC dba Henry's on
South for a Class C liquor license at 2110
Winthrop Road. (ADOPTED FOR APPROVAL, 5-0;
A-87058)
8) Manager application of Andrew G. Fuller for
Henry Mac, LLC dba Henry's on South at 2110
Winthrop Road. (ADOPTED FOR APPROVAL, 5-0;
A-87059)
9) Application of Lamli Enterprises, LLC dba
Bottoms Up for a Class I liquor license at 815 O
Street. (ADOPTED FOR DENIAL, 5-0; A-87060)
10) Manager application of Tamra Wardyn for Lamli
Enterprises, LLC dba Bottoms Up at 815 O Street.
(ADOPTED FOR DENIAL, 5-0; A-87061)
11) Application of Block 21, LLC dba Courtyard by
Marriott for a Class C liquor license at 808 R
Street. (ADOPTED FOR APPROVAL, 5-0; A-87062)
12) Manager application of Eric Groff for Block 21,
LLC dba Courtyard by Marriott at 808 R Street.
(ADOPTED FOR APPROVAL, 5-0; A-87063)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 13
THRU 16 HAD 2ND READING)
13) 12-135 Vacation No. 12006 - Vacating the east-west
alley between South 11th Street and South 12th
Street and Lincoln Mall and K Street.
(Related: 12-135, 12R-248, 12-136, 12R-249)
(Action Date: 10/29/12)
Fact Sheet (545K)
Motion to Amend
14) 12R-248 Approving the 3 Landmark Centre Redevelopment
Agreement between the City and NEBCO, Inc.
relating to the redevelopment of property
generally located between 11th and 12th Streets
and K Street Centennial Mall. (Related: 12-135,
12R-248, 12-136, 12R-249) (Action Date: 10/29/12)
Fact Sheet
Attachment (1373K)
15) 12-136 Authorizing the issuance of tax allocation bonds
with a total not to exceed $2.2 million for the
City of Lincoln, 3 Landmark Centre Redevelopment
Project. (Related: 12-135, 12R-248,
12-136, 12R-249) (Action Date: 10/29/12)
16) 12R-249 Amending the FY 12/13 CIP to authorize and
appropriate $2.2 million in TIF funds for the 3
Landmark Centre Redevelopment Project generally
located between 11th and 12th Street, K Street
and Centennial Mall. (Related: 12-135, 12R-248,
12-136, 12R-249) (Action Date: 10/29/12)
PUBLIC HEARING - RESOLUTIONS
17) 12R-251 Re-adopting the Water System Impact Fee Schedule,
Water Distribution Impact Fee Schedule,
Wastewater Impact Fee Schedule, Arterial
Street Impact Fee Schedule, and Neighborhood
Park and Trail Impact Fee Schedule without
any adjustment for inflation for 2013.
(ADOPTED, 4-1; CARROLL, EMERY, ESKRIDGE,
SCHIMEK ASSENTING; COOK DISSENTING; A-87064)
Fact Sheet (17K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
18) 12-133 Vacation No. 11012 - Vacating North 44th Street
from the south lot line of Lot 68 I.T. to the
north line of Morton Street, generally located
at North 44th Street and Superior Street.
(PASSED, 5-0; #19796)
Fact Sheet (418K)
19) 12-134 Approving a Land Exchange Agreement between the
City of Lincoln and Eighth & T, LLC, pertaining
to the West Haymarket Arena Project and
construction of the 10th Street and Salt Creek
Street Improvement Project. (MTA #1 ADOPTED, 5-0;
PASSED AS AMENDED, 5-0; #19797)
Fact Sheet (91K)
Attachment (1416K)
Motion to Amend (2211K)
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 20
HAD 1ST READING)
20) 12-137 Approving the allocation of $748,000 annually of
Capital Improvements Funds appropriated in the
FY 2012 - 13 and FY 2013 - 14 budget to certain
projects within the Parks and Recreation
Department.
Fact Sheet (154K)
Attachment (93K)
RESOLUTIONS - 1ST READING (ITEMS 21 THRU 24 HAD 1ST READING)
21) 12R-255 Approving a Contract Agreement between the City
of Lincoln, Lancaster County, the Lincoln-
Lancaster County Public Building Commission,
and Heine's Painting & Decorative Concrete, Inc.
for unit pricing for miscellaneous painting services,
pursuant to Bid No. 12-189, for a four-year term.
Fact Sheet (117K)
Attachment (4137K)
22) 12R-254 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of October 1 -
15, 2012.
Fact Sheet (10K)
Attachment (23K)
23) 12R-252 Application of John S. Gould and W. Donald Gould
to use the public right-of-way at 301 North 8th
Street for dock and outdoor seating.
Fact Sheet (12K)
Attachment (909K)
24) 12R-253 Misc. 12008 - Declaring the 1st & Cornhusker
Highway Redevelopment Area as blighted and
substandard in an estimated 78 acres generally
bounded by Cornhusker Highway, North 4th Street,
Adams Street and North 1st Street.
Fact Sheet (910K)
Attachment (5433K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
(9/17/12 - P.H. con't to 9/24/12)
(9/24/12 - con't P.H. to 10/8/12)
(10/8/12 - Indefinite Pending w/con't
future P.H.)
Fact Sheet (102K)
Attachment (161K)
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 OCTOBER ARE THE 8TH AND 29TH.
ADJOURNMENT 4:07 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