City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JUNE 7, 2010 AT 3:00 P.M.
ALL MEMBERS PRESENT
PRESENTATION BY ASSISTANT POLICE CHIEF JIM PESCHONG
BYRNE JUSTICE ASSISTANCE GRANT
(Public Comments Welcomed)
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 distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
April 30, 2010. (ADOPTED, 7-0; A-85870)
2) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on May 17, 2010. (PLACED ON FILE)
3) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on May 24, 2010. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) Setting the hearing date of Monday, June 21,
2010 at 3:00 p.m. for the application of
Vincenzo's, Inc. dba Vincenzo's Ristorante to
expand its licensed premises by the addition of
a sidewalk caf‚ to the south measuring
approximately 32' x 9' located at 808 P Street,
Suite 100. (ADOPTED, 7-0; A-85871)
5) Setting the hearing date of Monday, June 21,
2010 at 3:00 p.m. for the application of Top
Spin, LLC dba Dray Rellik for a class CK liquor
license located at 816 P Street, Suite 100.
(ADOPTED, 7-0; A-85872)
6) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone No. 10014 - Requested by
Don Linscott, Northwoods Plaza Planned Unit
Development for a change of zone from B-2
Planned Neighborhood Business District to B-2
Planned Unit Development on property generally
located at N. 84th Street and Holdrege Street;
for a Planned Unit Development District
designation of said property; which allows
residential and approximately 176,900 square
feet commercial floor area including an 86 room
hotel in the underlying B-2 zoned area.
Pre-existing Use Permit No. 13D -
Requested by John L. Hoppe, Jr. to reduce the
number of required parking stalls on property
generally located at S. 48th Street and
Briarpark Drive.
7) THE FOLLOWING HAS BEEN PLACED ON FILE IN THE
OFFICE OF THE CITY CLERK:
Administrative Permit No. 10020 to
Special Permit No. 587 Southwood Hills 3rd
Addition Community Unit Plan approved by the
Planning Director on May 21, 2010 requested by
Rocke Huntington for the West Parkview
Association to allow unenclosed decks to extend
up to 10 feet from the main structure into the
required rear yard on property generally located
at Southwood Drive and Sandstone Road.
8) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
9) Application of Moran's Liquor Works, LLC dba
Moran's Liquor Works for the addition of a
catering license to its Class D liquor license
at 3400 A Street. (ADOPTED FOR APPROVAL, 7-0;
A-85873)
10) Application of Walgreen Co. dba Walgreens #04088
for a Class D liquor license at 2502 N. 48th
Street. (ADOPTED FOR APPROVAL, 7-0;
A-85874)
11) Manager application of James P. Karins for
Walgreen Co. dba Walgreens #04088 at 2502 N.
48th Street. (ADOPTED FOR APPROVAL, 7-0;
A-85875)
12) Application of Walgreen Co. dba Walgreens #01162
for a Class D liquor license at 8300 Northern
Lights Drive. (ADOPTED FOR APPROVAL, 7-0;
A-85876)
13) Manager application of James P. Karins for
Walgreen Co. dba Walgreens #01162 at 8300
Northern Lights Drive. (ADOPTED FOR APPROVAL,
7-0; A-85877)
14) Application of Walgreen Co. dba Walgreens #03182
for a Class D liquor license at 7045 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-85878)
15) Manager application of James P. Karins for
Walgreen Co. dba Walgreens #03182 at 7045 O
Street. (ADOPTED FOR APPROVAL, 7-0; A-85879)
16) Application of 1644 Steel LLC dba The Bar for a
Class CK liquor license at 1644 P Street.
(AMENDED WITH CONDITIONS, 4-3; CARROLL,
COOK, HORNUNG, SNYDER ASSENTING; CAMP, EMERY,
SPATZ DISSENTING; ADOPTED W/CONDITIONAL
APPROVAL, 6-1; CAMP, CARROLL, COOK, EMERY,
HORNUNG, SNYDER ASSENTING; SPATZ DISSENTING;
A-85880)
17) Manager application of Seth D. Regan for 1644
Steel LLC dba The Bar at 1644 P Street.
(ADOPTED FOR APPROVAL, 7-0; A-85881)
18) Application of S.B Partners, LLP dba Staybridge
Suites for a Class I liquor license at 2701
Fletcher Avenue. (ADOPTED FOR APPROVAL, 7-0;
A-85882)
19) Manager application of Carrie A. Fleck
for S.B. Partners, LLP dba Staybridge
Suites at 2701 Fletcher Avenue.
(ADOPTED FOR APPROVAL, 7-0; A-85883)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 20
THRU 23 HAD 2ND READING, SEE ITEM 21)
20) 10-57 Authorizing the City of Lincoln to enter
into a lease-purchase transaction with
Union Bank and Trust Company for the
acquisition of street lighting equipment
and ambulances and related matters.
Motion To Amend (251K)
21) 10-58 Authorizing the issuance of not to exceed
$22,500,000 principal amount of the City of
Lincoln general obligation bond
anticipation notes and $27,500,000 of the
City of Lincoln general obligation tax
anticipation notes. (Request to continue
P.H. 1 week to 6/14/10) (REQUEST TO CON'T
P.H. 1 WK. TO 6/14/10 W/ACTION 6/21/10,
APPROVED, 7-0)
22) 10-56 Amending Section 9.44.040 of the Lincoln
Municipal Code relating to the sale of
permissible fireworks by changing the date
by which applications for license as a
retailer of permissible fireworks must be
filed with the Chief of the Bureau of Fire
Prevention from June 23 to June 10,
increasing the fee for late filing of said
application from $25.00 to $50.00, and
increasing the application fee from $75.00
to $100.00, to harmonize with the
provisions of Section 19.03.100 of the
Lincoln Fire Code.
Fact Sheet (38K)
23) 10-59 Vacation 10002 - Vacating that portion of
the north-south alley between S. 15th
Street and S. 16th Street from South Street
to approximately 210 feet north of South
Street.
Fact Sheet (518K)
PUBLIC HEARING - RESOLUTIONS
24) 10R-124 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,
2010. (AMENDED TO HOLD OVER W/P.H. THE GARDNER
CLAIM TWO WKS. TO 6/21/10, 4-3; CAMP, COOK, HORNUNG,
SNYDER ASSENTING; CARROLL, EMERY, SPATZ DISSENTING;
ADOPTED AS AMENDED 7-0; A-85884)
Fact Sheet (14K)
Attachment (22K)
25) 10R-125 Approving an agreement between the City of
Lincoln, Lancaster County and the Nebraska
Department of Roads to purchase right-of-way for
the protection of the South Beltway and East
Beltway. (ADOPTED, 6-0; CAMP, CARROLL, COOK,
EMERY, HORNUNG, SPATZ ASSENTING; SNYDER ABSTAINING;
A-85885)
Fact Sheet (13K)
Attachment (349K)
26) 10R-126 Approving an Exchange Agreement between the City
of Lincoln, on behalf of the Lincoln-Lancaster
County Health Department, and the Nebraska
Department of Labor for the Nebraska Department
of Labor to provide the Health Department with a
list of Nebraska employers that were in business
the previous year. (ADOPTED, 7-0; A-85886)
Fact Sheet (38K)
Attachment (195K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 27
THRU 32 HAD 1ST READING)
27) 10-65 Approving a Sublease Agreement between the
City and Experience Works at the One Stop
Center at 1010 N Street for providing job
training and employment services under the
Workforce Investment Act for a one-year
term from April 1, 2010 through March 31,
2011.
Fact Sheet (44K)
Attachment (983K)
28) 10-64 Amending Section 5.04.130 of the Lincoln
Municipal Code to amend the provisions
restricting retail liquor sales on Sunday
to allow retail sales of all liquor both on
and off sale between the hours of 6:00 a.m.
and 12:00 noon on Sunday, July 4, 2010.
Fact Sheet (40K)
29) 10-60 Vacation 10001 - Vacating North 21st Street
from the north line of Vine Street to the
south line of previously vacated North 21st
Street.
Fact Sheet (624K)
30) 10-61 Vacation 10005 - Vacating a portion of the
North 14th Street right-of-way generally
located at the southeast corner of North
14th Street and Salt Creek Roadway.
Fact Sheet (725K)
31) 10-62 Vacation 09007 - Vacating various rights-
of-way in Antelope Valley located generally
in the area of North 14th and Court
Streets; North 16th and Y Streets; and
North 12th and Charleston Streets.
Fact Sheet (2885K)
32) 10-66 Street Name Change 10001 - Naming and re-
naming portions of realigned South 1st
Street, West Denton Road, and Amaranth Lane
as West Denton Road, Schmidt Drive, Schmidt
Place, Schmidt Court, West Amaranth Lane
and South 1st Street.
Fact Sheet (896K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
33) 10-49 Annexation 08027 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 45 acres of property
generally located at North 48th Street and
Doris Bair Circle. (PASSED, 7-0; #19388)
Fact Sheet (420K)
Attachment (232K)
34) 10-50 Change of Zone 10008 - Amending Title 27 of
the Lincoln Municipal Code relating to
Zoning by amending Sections 27.43.030,
27.45.025, and 27.49.030 to add outdoor
vehicle storage as a permitted conditional
use in the H-3, H-4, and I-2 zoning
districts, respectively.
(PASSED, 7-0; #19389)
Fact Sheet (355K)
35) 10-51 Annexation 10003 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 10 acres of property
generally located at South 27th Street and
Whispering Wind Boulevard. (Related
Items: 10-51, 10-52) (PASSED, 7-0; #19390)
Fact Sheet (694K)
Attachment (250K)
36) 10-52 Change of Zone 10010 - Application of
Lincoln Federal Bancorp, Inc. for a change
of zone from AG Agricultural District to R-
3 Residential District on property
generally located at South 27th Street and
Whispering Wind Boulevard. (Related
Items: 10-51, 10-52) (PASSED, 7-0; #19391)
Fact Sheet (669K)
37) 10-53 Change of Zone 09024 - Amending Title 27 of
the Lincoln Municipal Code relating to
Zoning by amending Section 27.15.030 to
allow single-family dwellings on small lots
located outside the January 1, 2010
corporate limits as a permitted conditional
use and providing conditions of approval;
amending Section 27.15.040 to allow single-
family dwellings on small lots located
inside the January 1, 2010 corporate limits
as a permitted special use; adding a new
section numbered 27.63.800 to provide
conditions for granting a special permit to
allow single-family dwellings on small lots
in the R-3 district located inside the
January 1, 2010 corporate limits.
(Related Items: 10-53, 10-54)
(PASSED, 7-0; #19392)
Fact Sheet (981K)
38) 10-54 Misc. 10002 - Amending Section 26.23.140 of
the Lincoln Municipal Code relating to
Development Standards for Lots to provide
that residential lots in the R-3 district
which do not meet the required minimum lot
area, average lot width, or yard
requirements shall have a maximum depth of
four times its width. (Related Items:
10-53, 10-54) (PASSED, 7-0; #19393)
Fact Sheet (982K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
39) 05-188 Change of Zone 3413 - Application of Landon's
Neighborhood Assoc. for a change of zone from R-
4 Residential to R-2 Residential on property
generally located at N. 24th and Superior
Streets. (12/19/05 - Placed on Pending
Indefinitely)
Fact Sheet (1465K)
40) 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)
41) 07-58 Change of Zone 07010 - Application of Steve
M. Champoux for a change of zone from AG
Agricultural District to AGR Agricultural
Residential District on property generally
located at 134th and A Streets. (Request
of applicant to continue P.H. to 5/7/07)
(4/16/07 - 2nd Reading & P.H. Con't. to
5/7/07 w/ Action 5/14/07) (Request to Delay
Action w/con't. P.H. to 7/23/07) (5/14/07 -
Action Delayed w/con't. P.H. to 7/23/07)
(Request to Place on Pending - No Date
Certain) (7/23/07 - Placed on Pending, No
Date Certain)
Fact Sheet (1439K)
42) 09-20B Annexation No. 08016 - Amending the Lincoln
Corporate Limits Map by annexing approximately
106 acres north of Interstate 80 on both sides
of NW 48th Street. (3/2/09 - Placed on
Pending Indefinitely)
Fact Sheet (220K)
Attachment (296K)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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)
48) 10-48 Approving the lease agreement between the
City and Erik Alm for the lease of office
space by Aging Partners for its Personal &
Family Services program at 1325 N. Chestnut
Street, Wahoo, NE 68066 for a term of July 1,
2010 through June 30, 2011. (5/24/10
- Placed on Indefinite Pending)
Fact Sheet (72K)
Attachment (69K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JUNE 14, 2010, AT 3:00 P.M.
(APPROVED ITEMS 49 THRU 53, 7-0; SEE ITEM 54)
49) 10R-132 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of May 16 - 31,
2010.
Fact Sheet (14K)
Attachment (20K)
50) 10R-133 Approving a multi-year contract between Morning
Pride Manufacturing dba Honeywell First
Responder Products and the City of Lincoln for
annual requirements for Fire Turn-Out Gear (Bid
No. 10-072) for a two-year term with option for
one additional two-year term.
Fact Sheet (46K)
Attachment (1280K)
51) 10R-130 Approving and accepting a Grant Award
Notification from the Nebraska Department of
Education to the Lincoln-Lancaster County Health
Department in the amount of $21,250.00 for the
Child Care Connection for Parents of Children
with Special Needs for a period of May 1, 2010
through September 30, 2011.
Fact Sheet (37K)
Attachment (1162K)
52) 10R-128 Approving an Agreement between the City and the
State of Nebraska Department of Roads for the
use of Surface Transportation Program funds for
the Lincoln Cavett Connector Trail and
rescinding Resolution A-85821.
Fact Sheet (50K)
Attachment (626K)
53) 10R-129 Approving a Conservation Easement Agreement
between the City, the State of Nebraska
Department of Roads and the Lower Platte South
NRD to protect floodplain conveyance and
storage, floodprone areas and other natural
features such as wetlands, drainageways and
woodlands over approximately 6.02 acres
generally located southeast of U.S. Highway 77
and Warlick Boulevard.
Fact Sheet (12K)
Attachment (316K)
54) 10R-131 Approving the City of Lincoln Redevelopment
Agreement (Little Saigon Redevelopment Project)
between the City and Hung T. Nguyen and Thuy
Nguyen for the redevelopment of property
generally located at 2640 W Street as
commercial/retail space. (DELAYED INTRO 1 WK.
TO 6/14/10 FOR P.H. ON 6/21/10, 7-0)
Fact Sheet (83K)
Attachment (521K)
Attachment (62K)
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. THE OPEN MICROPHONE
SESSIONS DURING THE MONTH OF JUNE ARE THE 14TH AND 28TH.
ADJOURNMENT 4:10 P.M.
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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.
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The City Council Agenda and Action Sheet may be accessed on the Internet at:
lincoln.ne.gov
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