City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 7, 2013 AT 3:00 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO MEETING THE WEEK OF JANUARY 21
MARTIN LUTHER KING DAY OBSERVED
MAYOR'S AWARD OF EXCELLENCE
FOR THE MONTH OF NOVEMBER 2012 WAS PRESENTED TO A
TEAM OF BALLARD POOL LIFEGUARDS FROM THE PARKS & RECREATION
AQUATICS DIVISION CONSISTING OF HARMONY JONES,
AMANDA LAURENCEAU, MOLLY SHIELDS AND DYLAN WOLDT
IN THE CATEGORIES OF CUSTOMER RELATIONS AND VALOR
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) Resolution approving the City of Lincoln's
Investment Activity Report from the City
Treasurer for the Fiscal Year 2011-2012.
(ADOPTED, 7-0; A-87148)
2) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
November 30, 2012. (ADOPTED, 7-0; A-87149)
3) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on December 10, 2012. (PLACED ON FILE)
4) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on December 17, 2012. (PLACED ON FILE)
5) Report from City Treasurer of franchise tax for
the months of August through November, 2012 from
Black Hills/Nebraska Gas Utility Co., LLC.
(PLACED ON FILE)
6) Report from City Treasurer of City Cash on hand
at the close of business November 30, 2012.
(PLACED ON FILE)
7) Report from City Treasurer of E911 Surcharge for
the time period July 1, 2012 through November
30, 2012. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
8) Setting the hearing date of Monday, January 28,
2013 at 5:30 p.m. for the application of
Overlord, LLC dba Bunners for a Class I liquor
license located at 2785 S. 17th Street.
(ADOPTED, 7-0; A-87150)
9) Setting the hearing date of Monday, January 28,
2013 at 5:30 p.m. for the application of Napoli,
LLC dba Florio's Italian Steakhouse and Lounge
for a Class I liquor license located at 8701
Andermatt Drive. (ADOPTED, 7-0; A-87151)
10) Setting the hearing date of Monday, January 28,
2013 at 5:30 p.m. for the application of CCW,
LLC dba HuHot Mongolian Grill for a Class I
liquor license located at 2525 Pine Lake Road,
Suite 200. (ADOPTED, 7-0; A-87152)
11) Setting the hearing date of Monday, January 28,
2013 at 5:30 p.m. for the application of Selama,
LLC dba Kong's Liquor for a Class D liquor
license located at 1401 N. 56th Street.
(ADOPTED, 7-0; A-87153)
12) REFERRALS TO THE PLANNING DEPARTMENT:
Change of Zone No. 10014A - Requested by
Olsson Associates for an amendment to the
Northwoods Plaza Planned Unit Development to
allow 150 dwelling units and 176,900 square feet
of commercial floor area in the underlying B-2
zoned area on property generally located at N.
84th Street and Holdrege Street.
Change of Zone No. 12033 - Requested by
the Director of Planning amending Title 27 of
the Lincoln Municipal Code (Zoning Ordinance) to
reformat Chapter 27.72 (Height and Lot
Regulations) and to include regulations that
were not carried over from Chapter 27.71 to
27.72; to provide clarification as to how uses
are regulated by amending Chapters 27.02
Definitions, 27.06 Use Groups, 27.39 H-1
Interstate Commercial District, 27.62
Conditional Uses, 27.63 Special Permits, 27.69
Signs, 27.72 Height and Lot Regulations.
Change of Zone No. 12039 - Requested by
the Director of Parks and Recreation from P
Public Use District to R-2 Residential District
on property generally located West B Street and
S. Folsom Street.
Special Permit No. 12038 - Requested by
Abby Normal, LLC for the authority to sell
alcoholic beverages for consumption on and off
the premises on property generally located at N.
70th Street and Vine Street (836 N. 70th
Street).
Special Permit No. 12039 - Requested by
Pastor Jeremy Penrod for construction of a
parking lot in a residential district with a
reduction of the front yard setback on property
generally located at S. 49th Street and Randolph
Street.
13) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 12047 to
Special Permit No. 06014, Southlake Community
Unit Plan, approved by the Planning Director on
December 11, 2012 requested by Olsson Associates
to revise the lot and street layout from 68
attached single-family dwelling lots to 34
detached single-family dwelling lots on two cul-
de-sacs on property generally located near S.
98th St. and Andermatt Drive.
Administrative Amendment No. 12060 to
Preliminary Plat No. 99028, Lincoln Ballpark,
approved by the Planning Director on December
12, 2012 requested by the City of Lincoln to
revise the grading and drainage plan to update
the flood storage sites and calculations by
adding Site "E" to the Mitigation Map and
revising the Flood Storage Mitigation Table on
property generally located at Sun Valley Blvd.
and Line Drive.
Administrative Amendment No. 11066 to
Special Permit No. 1812 approved by the Planning
Director on December 14, 2012 requested by J.
Michael Rierden to revise the site plan to show
an approximately 15' x 7' generator building to
a wireless tower on property generally located
near N. 11th Street and Oak Street.
Administrative Amendment No. 12063 to
Special Permit No. 12003, Market Garden,
approved by the Planning Director on December
17, 2012 requested by Jerry and Renee Cornett to
add as Sheet 1A a "Phase 1" site plan that
retains the existing 2,400 square foot home to
be remodeled as a restaurant and produce
processing area and to reduce the parking to 10
stalls with an additional paved ADA stall while
retaining the right to build to the original
Sheet 1 site plan as a "Phase 2" on property
generally located at N. 112th Street and
Branched Oak Road.
Administrative Amendment No. 12020 to
Change of Zone No. 05068B, The Woodlands at
Yankee Hill Planned Unit Development, approved
by the Planning Director on December 21, 2012
requested by Lewis-Starostka, Inc. to revise the
lot layout for Lots 1-3, Block 41, from three
lots to ten lots and an outlot and revising the
land use table accordingly on property generally
located near S. 70th Street and Countryview
Road.
Administrative Amendment No. 12062 to Use
Permit No. 8A, Northridge Center, approved by
the Planning Director on December 31, 2012
requested by Orange Development, Inc. to amend
the site plan by showing a separate pad site for
a pharmacy with drive-thru and revising the
parking lot layout on property generally located
at N. 14th Street and Superior Street.
14) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
15) Application of Abby Normal Inc. dba One More Bar
for a Class C liquor license at 836 North 70th
Street. (ADOPTED FOR APPROVAL, 7-0; A-87154)
16) Manager application of Theresa Dattola for Abby
Normal Inc. dba One More Bar at 836 North 70th
Street. (ADOPTED FOR APPROVAL, 7-0; A-87155)
17) Application of JBSR Inc. dba Mr. Goodcents for a
Class C liquor license at 215 North 14th Street.
(ADOPTED FOR APPROVAL, 7-0; A-87156)
18) Manager application of Preston L. Marsh for JBSR
Inc. dba Mr. Goodcents at 215 North 14th Street.
(ADOPTED FOR APPROVAL, 7-0; A-87157)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEM 19
HAD 2ND READING)
19) 12-158 Approving the First Amendment to Management
Agreement between the City of Lincoln and SMG to
amend the Management Agreement dated June 7,
2012 to define pre-opening expenses and adopt a
budget for pre-opening expenses, to modify and
clarify SMG's insurance obligations as
Reimbursable Expenses and to amend the
commencement date of the term.
Fact Sheet (12K)
Attachment (457K)
PUBLIC HEARING - RESOLUTIONS
NONE
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
NONE
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 20
THRU 22 HAD 1ST READING)
20) 13-1 Amending Chapter 24.05 of the Lincoln
Municipal Code, the Lincoln Gas Piping
Systems Code, by amending Section 24.05.010
to provide that Standards 54 and 58 of the
1992 National Fire Protection Association
(NFPA) Standards as amended from time to
time shall be considered part of the
Lincoln Gas Piping Code; amending Section
24.05.260 to provide examinations for
master or journeyman gas fitters shall be
held at dates, times and places as may be
determined by the Director of Building and
Safety upon at least 14 days notice
thereof; amending Section 24.05.350 to
increase certain examination and
registration fees; and amending Section
24.05.380 to increase certain permit fees.
Fact Sheet (114K)
21) 13-2 Amending Chapter 8.16 of the Lincoln
Municipal Code, Contagious and Infectious
Diseases, by repealing Sections 8.16.010,
8.16.020, 8.16.030, 8.16.040, 8.16.050,
8.16.060, 8.16.070, 8.16.080, and 8.16.090
in their entirety.
Fact Sheet (97K)
22) 13-3 Amending Chapter 8.24 of the Lincoln
Municipal Code, Lincoln's Noise Control
Ordinance, by amending Section 8.24.080 to
change requirements for reports; amending
Section 8.24.140 to clarify exemption
provisions related to government
activities; and amending Section 8.24.150
to update provisions for appeal procedures.
Fact Sheet (94K)
RESOLUTIONS - 1ST READING (ITEMS 23 THRU 41 HAD 1ST READING)
23) 13R-15 Renaming the park at 7th and Q Street currently
known as "Iron Horse Park" to "Bill Harris Iron
Horse Park."
Fact Sheet (125K)
24) 13R-19 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of December 1 -
31, 2012.
Fact Sheet (10K)
Attachment (27K)
25) 13R-4 Approving a Contract Agreement between the
City of Lincoln and Whitehead Oil Company
for the Annual Supply of Motor Fuels,
pursuant to Bid No. 12-225, for a two year
term with the option to renew for one
additional two year term upon the terms set
forth in said contract.
Fact Sheet (134K)
Attachment (11209K)
26) 13R-2 Approving the Amendment to renew each of
the Agreements for the annual Supply of
Police Clothing, pursuant to Bid No.
10-171, between the City of Lincoln and
Southern Uniform and Equipment, Alamar
Uniforms, and Galls Inc. for additional two
year terms upon the terms set forth in said
Amendments.
Fact Sheet (232K)
Attachment (681K)
27) 13R-1 Approving a Contract for Construction
Design Services between the City of Lincoln
and Olsson Associates for engineering and
related professional services for the
construction design of two bioretention
water quality features upstream from South
Street in Antelope Park, City Project No.
705335c.
Fact Sheet (12K)
Attachment (1180K)
28) 13R-3 Approving an Agreement between the City of
Lincoln and Havelock Business Association
for the replacement of the Havelock Sign in
the southeast corner of the intersection of
Superior Street, Cornhusker Highway and
Havelock Avenue.
Fact Sheet (125K)
Attachment (3391K)
29) 13R-5 Approving a Conservation Easement Agreement
between Lancaster County Agricultural
Society, Inc., the City of Lincoln and the
Lower Platte South Natural Resources
District to preserve and protect
floodplains, wetlands, natural
drainageways, and tree masses over 7.83
acres of property generally located at
North 84th Street and Havelock Ave.
Fact Sheet (94K)
Attachment (501K)
30) 13R-6 Reappointing Andrew Budell to the Board of
Zoning Appeals for a term expiring February
1, 2017.
31) 13R-7 Appointing Randall Gordon to the Community
Forestry Advisory Board for a term expiring
August 17, 2015.
Attachment (85K)
32) 13R-8 Appointing Eric T. Hoke to the Citizen
Police Advisory Board for a term expiring
November 17, 2014.
Attachment (73K)
33) 13R-9 Reappointing Jerry L. Hudgins, Vicki Huff
and Marilyn McNabb to the Lincoln Electric
System Administrative Board for terms
expiring December 31, 2015.
34) 13R-10 Appointing Trenton Reed to the Parks and
Recreation Advisory Board for a term expiring
April 27, 2014.
Attachment (77K)
35) 13R-11 Reappointing Ruthelen G. Sittler and Barry Moore
to the Aging Partners Area Agency on Aging
Areawide Advisory Council for terms expiring
July 1, 2015.
36) 13R-12 Appointing Sharon L. Busch to the Aging Partners
Area Agency on Aging Areawide Advisory Council
for a term expiring July 1, 2014.
Attachment (71K)
37) 13R-13 Comp. Plan Amendment 12004 - Amending the 2040
Lincoln-Lancaster County Comprehensive Plan by
changing the Lancaster County and Lincoln Area
Future Land Use Plans from Green Space to
Industrial on approximately 11 acres of property
at N.W. 44th Street and W. Webster Street.
Fact Sheet (360K)
38) 13R-14 Misc. No. 12014 - Declaring the 18th and Q
Streets Redevelopment Area, an approximately 4.7
acres generally bounded by Q Street, R Street,
N. 18th Street and N. Antelope Valley Parkway,
as blighted and substandard.
Fact Sheet (223K)
Attachment (4840K)
39) 13R-16 Approving a Funding Agreement between the City
and the Nebraska Dept. of Roads for the use of
Federal Surface Transportation Program Funds for
construction engineering costs for the S.W. 40th
Street Project (State Project No. STPN-BR-TMT-
5267(1), CN 12744, City Project No. 700132).
Fact Sheet (13K)
Attachment (2544K)
40) 13R-17 Approving a Construction Engineering Services
Agreement between the City and the Nebraska
Dept. of Roads for the use of Federal Surface
Transportation Program Funds for construction
engineering costs for the 27th and Leighton
Viaduct Project (State Project No. LCLC-
5231(13), CN 13137, City Project No. 540023).
Fact Sheet (13K)
Attachment (2135K)
41) 13R-18 Approving a Program Agreement between the City
and the Nebraska Dept. of Roads for the use of
Federal Transportation Program Funds for
preliminary engineering, right-of-way expenses,
construction, and construction engineering costs
for the 10th and Salt Creek Bridge Project
(State Project No. LCLC-5215(3), CN 13233, City
Project No. 540027).
Fact Sheet (13K)
Attachment (1935K)
PENDING LIST - DATE CERTAIN
42) 12-157B Amending Section 17.08.070 to reflect the
renaming of Bill Harris Iron Horse Park.
(12/17/12 - To have Action only on
1/14/13)
PENDING LIST (EXTENDED ONE WEEK)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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)
48) 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)
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)
50) 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)
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 JANUARY ARE THE 14TH & 28TH.
ADJOURNMENT 3:39 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