City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 23, 2012 AT 3:00 P.M.
ALL MEMBERS PRESENT
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) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on July
9, 2012. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
2) Setting the hearing date of Monday, August 13,
2012 at 3:00 p.m. for the application of Zipline
Brewing Co. dba Zipline Brewing Co. for a Class L
liquor license located at 2100 Magnum Circle,
Suite 1. (ADOPTED, 7-0; A-86916)
3) Setting the hearing date of Monday, August 13,
2012 at 3:00 p.m. for the application of STL of
Nebraska Inc. dba Target Store T-0879 for a Class
DK liquor license located at 5330 South
56th Street. (ADOPTED, 7-0; A-86917)
4) Informal Petition to create a paving district on
West Nance Avenue between NW 8th and NW
9th Streets submitted by Heather Nunn.
(REFERRED TO PUBLIC WORKS DEPT. ON JULY 11, 2012)
5) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Waiver No. 12011 approved by the Planning
Director on July 10, 2012, requested by Orange
Development, Inc., for a waiver to allow the
parking plan which includes 13 stalls that do not
conform to all applicable design standards. This
waiver is only effective for one year from the
date of approval, after which time, all parking on
this site must conform to the design standards.
This waiver is a temporary measure during the
construction of the new store on site. The
property is generally located at S. 48th St. and
Van Dorn St.
Waiver No. 11015 to Final Plat No. 04071,
Stone Bridge Creek 8th Addition, approved by the
Planning Director on July 16, 2012, requested by
Engineering Design Consultants, for a waiver to
extend the time for two years to install landscape
screen, ornamental lighting, sidewalks, pedestrian
way sidewalks, street name signs and street
paving, as agreed upon in the Settlement Agreement
approved May 21, 2012. The improvements shall be
completed by July 16, 2014. Property is generally
located at S. 14th St. and Humphrey Ave.
Waiver No. 12002 to Final Plat No. 04037,
Stone Bridge Creek 5th Addition, approved by the
Planning Director on July 16, 2012, requested by
Engineering Design Consultants, for a waiver to
install sidewalks, as agreed upon in the
Settlement Agreement approved May 21, 2012. The
improvements shall be completed by July 16, 2014.
Property is generally located at Redstone Rd. and
Humphrey Ave.
Administrative Amendment No. 12031 to Use
Permit No. 53, Russwood, approved by the Planning
Director on July 16, 2012, requested by Inmotion
Auto Care, Inc., to change the floor area for Lot
2 from 8,200 square feet to 9,500 square feet and
to change the unassigned square feet from 7,300 to
6,000, on property generally located at Russwood
Pkwy. and O St.
6) REFERRALS TO THE PLANNING DEPARTMENT:
Change of Zone No. 12018 - Requested by Olsson
Associates, Holdrege/Idylwild Redevelopment
Planned Unit Development, for a change of zone
from B-1 Local Business, R-6 Residential District
and R-5 Residential District to B-1 Local Business
District PUD, on property legally described Lots
1-5, Lots 13-16, and a portion of the east-west
alley, Block 1, Idylwild Place; Lot 3, Idylwild
Place 1st Addition; Lots 1-4, Paine's Subdivision
and a portion of N. 35th Street right-of-way; from
R-2 Residential District to R-2 Residential
District PUD, legally described as Lots 5 and 6,
Block 1, Woods Bros. University Addition; and from
R-6 Residential District to R-6 Residential
District PUD, legally described as Lots 1-4, Block
1, Woods Bros. University Place Addition, Lot 48,
University Park and a portion of Lot 46,
University Park; all located in the NE 1/4 of
Section 19-10-7, Lancaster County, Nebraska,
generally located at N. 35th Street and Holdrege
Street; for a Planned Unit Development designation
of said property; and for approval of a development
plan which proposes modifications to the Zoning
Ordinance and Land Subdivision Ordinance to allow
approximately 66,000 square feet of commercial floor
area and approximately 40 residential dwelling units.
Change of Zone No. 12022 - Requested by the
Director of Planning, amending Section 27.07.030
of the Lincoln Municipal Code to allow any use
approved by the Lancaster County Board of
Commissioners by the granting of an amusement
license for such use as a permitted conditional
use in the AG Agriculture District, provided said
conditional use is limited to one event per
calendar year; and repealing Section 27.07.030 of
the Lincoln Municipal Code as hitherto existing.
Special Permit No. 12028 - Requested by Olsson
Associates, 112TH Street Homeowners Association
Community Unit Plan, for up to six dwelling units
on approximately 49.5 acres of land, with waivers
to storm water detention, block length, lot
frontage, maximum allowed density, setbacks, and
minimum lot area, on property legally described as
Lots 19, 23, 28, 35, 39, 41, and 49 I.T., all in
the SE 1/4 of Section 25-10-7, Lancaster County,
Nebraska, generally located one-half mile south of
O Street on the west side of South 112th Street.
The Planning Commission action is final action,
unless appealed to the City Council.
7) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
8) Application of Richmond Rollins LLC dba Barry's
The Husker Bar for a Class CK liquor license at
235 North 9th Street. (ADOPTED FOR APPROVAL, 7-0;
A-86918)
9) Manager application of Lou Mary Webb for Richmond
Rollins LLC dba Barry's The Husker Bar at 235
North 9th Street. (ADOPTED FOR APPROVAL, 7-0;
A-86919)
10) Application of Khanh Dinh dba Li Li Caf‚ for a
Class A liquor license at 3111 O Street, Suite D.
(ADOPTED FOR APPROVAL, 7-0; A-86920)
11) Application of Kurt and Kristine Kontor dba The
Underground for a Class C liquor license at 3233
1/2 South 13th Street. (ADOPTED FOR APPROVAL, 4-3;
CAMP, EMERY, ESKRIDGE, HORNUNG ASSENTING;
CARROLL, COOK, SCHIMEK DISSENTING; A-86921)
12) Application of Sam's West, Inc. dba Sam's Club
#4873 for a Class D liquor license at 8480
Andermatt Drive. (ADOPTED FOR DENIAL, 5-2;
CAMP, COOK, EMERY, ESKRIDGE, SCHIMEK ASSENTING;
CARROLL, HORNUNG DISSENTING; A-86922)
13) Manager application of Jonathan W. Rowe for Sam's
West dba Sam's Club #4873 at 8480 Andermatt Drive.
(ADOPTED FOR APPROVAL, 7-0; A-86923)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEM 14 HAD 2ND READING)
14) 12-83 Vacation No. 12003 - Vacating the north-south
alley located one-half block west of South
52nd Street between Prescott Avenue and
Cooper Avenue.
Fact Sheet (1408K)
PUBLIC HEARING - RESOLUTIONS
15) 12R-162 Approving an Advertising Agreement between the
City of Lincoln and Pinnacle Bank for advertising
on electronic signs at Pershing Municipal
Auditorium for a two year term.
(ADOPTED, 7-0; A-86924)
Fact Sheet (90K)
Attachment (460K)
16) 12R-163 Amending the Antelope Village Redevelopment
Agreement to reflect current conditions and
identify 2011 as the base year.
(MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED,
7-0; A-86925)
Fact Sheet (150K)
Attachment (307K)
17) 12R-164 Misc. No. 12006 - Declaring the Holdrege/Idylwild
Redevelopment Area as blighted and substandard in
an estimated 7 acres generally between North 34th
and North 37th Street, from Holdrege Street south
to Apple Street. (ADOPTED, 7-0; A-86926)
Fact Sheet (1006K)
Attachment (6543K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
18) 12-78 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 "X" to be
effective August 11, 2011.
(PASSED, 7-0; #19743)
Fact Sheet (99K)
Attachment (266K)
19) 12-79 Vacation No. 12001 - Amending Ordinance No.
19729, passed by the City Council on June 18,
2012, to include the metes and bounds legal
description of the vacated right-of-ways
which was inadvertently not attached to the
ordinance. (PASSED, 7-0; #19744)
Fact Sheet (13K)
Attachment (287K)
20) 12-80 Approving a Sublease Agreement between the
City of Lincoln and Experience Works at 1010
N Street, for job training and employment
services under the Workforce Investment Act,
for a term of July 1, 2012 through June 30,
2013. (PASSED, 7-0; #19745)
Fact Sheet (90K)
Attachment (1840K)
21) 12-81 Approving a Real Estates Sales Agreement
between the City of Lincoln and the Housing
Authority of the City of Lincoln for the sale
of blighted and substandard property
generally located at 2948 Starr Street for
the Northeast High School Build Program.
(PASSED, 7-0; #19746)
Fact Sheet (114K)
Attachment (1328K)
22) 12-82 Change of Zone No. 12003 - Amending Ordinance
No. 19713, passed by the City Council on May
21, 2012, to correct the legal description
provided for Change of Zone No. 12003 from I-
1 Industrial District to P Public Use
District on property generally located in
West Haymarket from North 1st Street to North
7th Street and M Street to Y Street.
(PASSED, 7-0; #19747)
Fact Sheet (13K)
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 23 THRU 27 HAD 1ST READING)
23) 12-84 Amending Sections 9.20.050 and 10.14.460 of
the Lincoln Municipal Code relating to
Disturbing the Peace and Unnecessary Noise
from Motor Vehicles, respectively, to
transfer the regulation of sources of music
in public streets, alleys, or other public
places from Section 9.20.050, Disturbing the
Peace, to Section 10.14.460, Unnecessary
Noise From Motor Vehicles, to amend the
penalty for violation of Section 9.20.050 to
correspond to state statute and to specify
the penalty for violation of Section 9.20.050
in that section; and amending Section
9.20.100 of the Lincoln Municipal Code
relating to minimum penalties to delete a
repetitious reference to the minimum fine for
disturbing the peace.
Fact Sheet (101K)
24) 12-85 Amending Chapter 9.16 of the Lincoln
Municipal Code relating to Offenses Against
Public Decency by amending Section 9.16.030
defining toxic compounds; amending Section
9.16.035 defining paraphernalia; amending
Section 9.16.110 relating to the unlawful use
of toxic compounds to clarify that a toxic
compound could be introduced into the human
system by other means than currently set
forth in the sections; and amending Section
9.16.140 to make the penalty comparable with
state statute.
Fact Sheet (100K)
25) 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) (5/21/12 -
P.H. con't to 6/4/12) (6/4/12 - Placed on
Indefinite Pending) (7/16/12 - Removed from
Pending to Have P.H. on 7/30/12 w/Action on
8/6/12) (Related Items: 12R-95, 12-48, 12-87)
(Action Date: 8/6/12)
Attachment (150K)
Motion To Amend (231K)
26) 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) (5/21/12 - P.H. con't
to 6/4/12) (6/4/12 - Placed on Indefinite
Pending) (7/16/12 - Removed from
Pending to Have P.H. on 7/30/12 w/Action on
8/6/12) (Related Items: 12R-95, 12-48,
12-87) (Action Date: 8/6/12)
Fact Sheet (1353K)
27) 12-87 Change of Zone 12019 Application of Sharon
Y. Schwartz and Jeffrey T. Colson to reduce
the Building Line District from a 125 foot
setback to a 108 foot setback on property
generally located at First Street and Highway
2 in Cheney. (Related Items: 12R-95, 12-
48, 12-87) (Action Date: 8/6/12)
Fact Sheet (1701K)
RESOLUTIONS - 1ST READING (ITEMS 28 THRU 32 HAD 1ST READING)
28) 12R-165 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of July 1 - 15,
2012.
Fact Sheet (14K)
Attachment (23K)
29) 12R-168 Special Permit 11015A Application of Kelly
Langer to amend the special permit for Historic
Preservation of the former St. James Evangelical
Lutheran Church to adjust the lot width and area
requirements to permit two-family use, on property
generally located at 3935 Randolph Street.
Fact Sheet (2401K)
30) 12R-169 Approving an amendment to the Holdrege Street and
Idylwild Drive Development and Conditional Zoning
Agreement to modify the property restrictions
regarding the setback on the east side of Lot 48,
generally located at Holdrege Street and Idylwild
Drive.
Fact Sheet (13K)
Attachment (224K)
31) 12R-166 Approving an Amendment to Bid No. 10-164 for the
Annual Requirements of Invensys Meter Parts for
LWS AMR Program Agreement between the City of
Lincoln and HD Supply Waterworks to extend the
term for one additional two-year term from August
1, 2012 through July 31, 2014.
Fact Sheet (122K)
Attachment (198K)
32) 12R-167 Approving an Amendment to Bid No. 10-158 for the
Annual Requirements of M & H Fire Hydrant Parts
Agreement between the City of Lincoln and HD
Supply Waterworks to extend the term for one
additional two-year term from August 1, 2012
through July 31, 2014.
Fact Sheet (117K)
Attachment (203K)
PENDING LIST - DATE CERTAIN
33) 12R-150 Special Permit No. 12016 - Appeals from the
Planning Commission's conditional approva of th
application of Radix, Inc. for authority to
operate a recreational facility in the AG
Agricultural District, on property generally
located at SW 29th Street and W
Wittstruck Road.(7/17/12 - Joint P.H.; to have
Action only on 7/30/12)
PENDING LIST (EXTENDED ONE WEEK)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
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 JULY ARE THE 9TH AND 30TH.
ADJOURNMENT 4:10 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