City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 20, 2012 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT COOK
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF JULY 2012
WAS PRESENTED TO
BEAU WOLFE, PUBLIC INFORMATION SPECIALIST
FOR THE CITIZEN INFORMATION CENTER
OF THE MAYOR'S DEPARTMENT
IN THE CATEGORIES OF CUSTOMER RELATIONS AND PRODUCTIVITY
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-188 Approving the appointment of John Huff as Fire
Chief effective August 30, 2012. (MTA #1 ADOPTED,
6-0; ADOPTED AS AMENDED, 6-0; A-86960)
Motion To Amend (6K)
2) 12R-189 Approving the appointment of Jim Peschong as
Police Chief effective January 31, 2013.
(MTA #1 ADOPTED, 6-0; ADOPTED AS AMENDED, 6-0;
A-86961)
Motion To Amend (6K)
3) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
August 6, 2012. (PLACED ON FILE)
4) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
August 8, 2012. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
5) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 11060 to
Special Permit No. 08034, Whispering Meadows
Community Unit Plan, approved by the Planning
Director on August 7, 2012, requested by City Bank
and Trust, to add notes 27 and 28 to the approved
plan; allowing for Lots 1-10 to be either
developed as single family lots, or a daycare by
special permit or multi-family housing; and adding
Outlot F to provide utilities, on property
generally located at SW. 27th St. and West A St.
6) REFERRED TO THE PLANNING DEPARTMENT:
Change of Zone No. 12023 - requested by Gary
Burow, from H-3 Highway Commercial District to I-1
Industrial District, on property legally described
as a portion of Lot 139 I.T., located in the NW
1/4 of Section 13-10-6, Lancaster County,
Nebraska, generally located at N. 14th Street and
Cornhusker Highway.
Change of Zone No. 12024 - requested by
Lincoln Community Playhouse, for The Lincoln
Community Playhouse Planned Unit Development, from
R-2 Residential District and R-3 Residential
District to O-3 Office Park District PUD, on
property legally described as Lot 1, Block 2,
Thomasbrook Addition, and Lot 140 I.T., located in
the SW 1/4 of Section 33-10-7, Lancaster County,
Nebraska, generally located at S. 56th Street and
Lillibridge Street; for a Planned Unit Development
District designation of said property; and for
approval of a development plan which proposes
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.
Combined Special/use Permit No. 13A -
requested by ASI, Nebraska, for an adjustment to
the sign regulations to allow an additional center
identification sign, on property legally described
as Lot 1, Pine Lake Heights 10th Addition, located
in the NE 1/4 of Section 19-9-7, Lancaster County,
Nebraska, generally located at S. 40th Street and
Pine Lake Road.
Special Permit No. 12029 - requested by Sean
and Marla Payant, for the espansion of a
nonconforming use to construct a garage in the
rear yard setback, on property legally described
as Lot 1, except the east 70', Block 3, Chase and
Beardsleys Park Hill Addition, located in the SE
1/4 of Section 36-10-6, Lancaster County,
Nebraska, generally located at 2233 Park Avenue.
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 Sikarin, LLC dba Issara for a Class
CK liquor license at 1701 Pine Lake Road.
(ADOPTED FOR APPROVAL, 6-0; A-86962)
9) Manager application of Malinee Kiatathikom for
Sikarin, LLC dba Issara at 1701 Pine Lake Road.
(ADOPTED FOR APPROVAL, 6-0; A-86963)
10) Application of MC Home Solutions, LLC dba Smooth
for a Class C liquor license at 1640 O Street.
(ADOPTED FOR APPROVAL, 6-0; A-86964)
11) Manager application of David Bader for MC Home
Solutions, LLC dba Smooth at 1640 O Street.
(ADOPTED FOR APPROVAL, 6-0; A-86965)
12) Application of Marcus Lincoln Hotel LLC dba
Marriott Cornhusker for a Class CK liquor license
at 333 South 13th Street.
(ADOPTED FOR APPROVAL, 6-0; A-86966)
13) Manager application of Brian G. Shander for Marcus
Lincoln Hotel LLC dba Marriott Cornhusker at 333
South 13th Street.
(ADOPTED FOR APPROVAL, 6-0; A-86967)
14) Application of HCF Taco Company No. 1, LLC dba
Fuzzy's Taco Shop for a Class I liquor license at
1442 O Street.
(ADOPTED FOR APPROVAL, 6-0; A-86968)
15) Manager application of David J. Hofer for HCF Taco
Company No. 1, LLC dba Fuzzy's Taco Shop at 1442 O
Street.
(ADOPTED FOR APPROVAL, 6-0; A-86969)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 16 THRU 22 HAD 2ND READING; SEE ITEM 22)
16) 12-86 Comp. Plan Conformance 12008 - Declaring
approximately .16 acres of property generally
located southwest of South 21st Street and O
Street; .03 acres of property generally
located southwest of South Antelope Valley
Parkway and M Street; and .19 acres of
property generally located southeast of
Capitol Parkway and J Street, as surplus
property and authorizing the sale thereof.
(Related Items: 12-86, 12-104, 12-106)
(Action Date: 8/27/12)
Fact Sheet (1213K)
17) 12-104 Vacation 10019 - Vacating Randolph Street between
South 25th Street and Capitol Parkway; a portion
of H Street west of South 25th Street; a portion
of the east-west alley west of South 25th Street;
and a portion of Capitol Parkway south of J
Street. (Related Items: 12-86, 12-104, 12-106)
(Action Date: 8/27/12)
Fact Sheet (836K)
18) 12-106 Approving a Real Estate Sales and Exchange
Agreement between the City of Lincoln and Lincoln
Public Schools for the exchange and sale of
property generally located southeasterly of
Capitol Parkway and J Street and the conveyance of
a portion of vacated Capitol Parkway and J Street
to Lincoln Public Schools .(Related Items: 12-
86, 12-104, 12-106) (Action Date: 8/27/12)
Fact Sheet (106K)
Attachment (8297K)
19) 12-107 Approving an Interlocal Agreement between the City
of Lincoln and Lincoln Public Schools for the
funding of a renovation project at Sherman Field
and the use of Sherman Field by LPS.
Fact Sheet (107K)
Attachment (884K)
20) 12-108 Approving an Interlocal Agreement between the City
of Lincoln and Lincoln Public Schools for
development of a playground, walkways and related
site improvements in Belmont Park associated with
Belmont Elementary School and the Lincoln EduCare
facility.
Fact Sheet (120K)
Attachment (569K)
21) 12R-190 Comp. Plan Conformance 12009 - Adopting and
approving the "Holdrege/Idylwild Redevelopment
Plan" within an area generally bounded by N. 37th
Street on the east and N. 34th Street on the west,
Holdrege Street on the north and Apple Street on
the south for redevelopment activities consisting
of public improvements, a new fraternity and a
mixed use development. (Related Items: 12R-190,
12-105) (Action Date: 8/27/12)
Fact Sheet (928K)
Attachment (5051K)
22) 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. (Related Items: 12R-190, 12-
105) (Action Date: 8/27/12)
(CONT. P.H./2ND READING TO 09/10/12, APPROVED, 6-0)
Fact Sheet (584K)
PUBLIC HEARING - RESOLUTIONS
23) 12R-187 Declaring the official intent of the City of
Lincoln to call an election regarding the
proposition of the issuance by the City of its
general obligation bonds in an aggregate principal
amount not to exceed $7,900,000 for the purpose of
paying the costs incident to engineering,
acquiring, constructing and/or furnishing
improvements to and extensions of the City's
stormwater drainage and flood management system.
(ADOPTED, 6-0; A-86970)
24) 12R-191 Comp. Plan Conformance 12010 - Adopting and
approving the proposed amendment to the 48th and O
Street Redevelopment Plan to expand the area to
include the Gateway Senior Living Center
retirement campus located north of O Street
between 52nd Street and 56th Street and to add a
redevelopment project for the expansion of skilled
nursing and independent living facilities.
(Related Items: 12R-191, 12R-192, 12R-193)
(Action Date: 08/20/12) (ADOPTED, 6-0; A-86971)
Fact Sheet (699K)
Attachment (3814K)
25) 12R-192 Approving the Gateway Senior Living Project
Phase I Redevelopment Agreement between the City
of Lincoln and Gateway Properties, Inc. relating
to the redevelopment of property generally located
north of O Street between 52nd Street and 56th
Street. (Related Items: 12R-191, 12R-192, 12R-
193) (Action Date: 08/20/12) (ADOPTED, 6-0; A-86972)
Fact Sheet (150K)
Attachment (184K)
26) 12R-193 Amending the FY 11/12 CIP to authorize and
appropriate $1,606,500.00 in TIF funds for Gateway
Senior Living Center Phase I projects.
(Related Items: 12R-191, 12R-192, 12R-193)
(Action Date: 08/20/12) (ADOPTED, 5-1;
CARROLL, EMERY, ESKRIDGE, HORNUNG, SCHIMEK ASSENTING,
CAMP DISSENTING; A-86973)
Fact Sheet (131K)
27) 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. (CONT. P.H. TO 09/10/12,
APPROVED, 6-0)
Fact Sheet (102K)
Attachment (161K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
28) 12-98 Approving a Real Estate Sales Agreement
between the City of Lincoln and Habitat for
Humanity Inc. for the sale of City owned
property generally located at 2445 N.W. 52nd
Street for an amount of $20,000.00.
(PASSED, 6-0; #19763)
Fact Sheet (100K)
Attachment (639K)
29) 12-99 Change of Zone 12022 - Amending Section
27.07.030 of the Lincoln Municipal Code to
allow as a temporary permitted conditional
use of a building or premises in the AG
Agriculture District, in addition to its main
use, for any use approved by the Lancaster
County Board of Commissioners by the granting
of an amusement license for such use,
provided said conditional use is limited to
one event per calendar year.(PASSED, 6-0; #19764)
Fact Sheet (22K)
30) 12R-182 Approving the Agreement Regarding the Annexation
of Sky Ranch Acres between the City and Sky Ranch
Acres Neighborhood Association for the development
of 30.11 acres of property generally located at
North 108th Street and Holdrege Street.
(Related Items: 12R-182, 12-100) (Action Date:
8/20/12) (MTA #1 ADOPTED, 6-0; ADOPTED AS AMENDED,
6-0; A-86974)
Fact Sheet (13K)
Attachment (224K)
Motion To Amend (857K)
31) 12-100 Annexation 10004 - Amending the Lincoln Corporate
Limits Map by annexing approximately 37 acres
generally located at North 108th Street and
Holdrege Street. (Related Items: 12R-182,
12-100) (Action Date: 8/20/12)(PASSED, 6-0; #19765)
Fact Sheet (4M)
Attachment (123K)
32) 12-101 Change of Zone 05012A - Application of South
Pointe Christian Church and Lincoln Storage/Wood
Bridge Commercial Associates to amend the Wood
Bridge Planned Unit Development to increase the
mini-storage area from approximately 58,700 square
feet to 84,500 square feet, on property generally
located at Pine Lake Road and Helen Witt Drive.
(PASSED, 6-0; #19766)
Fact Sheet (5M)
RESOLUTION - ACTION ONLY
33) 12R-174 Action on the 1 & 6 Year Street & Highway Program,
the 2012-2014 City of Lincoln Biennial Operating
Budget and the Capital Improvement Program for FY
2012-2014. (Action Date: 8/20/12)(MTA #1 ADOPTED,
6-0; ADOPTED AS AMENDED, 5-1; CARROLL, EMERY, ESKRIDGE,
HORNUNG, SCHIMEK ASSENTING, CAMP DISSENTING; A-86975)
Substitute (6014K)
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 34 AND 35 HAD 1ST READING)
34) 12-110 Authorizing the issuance, sale and delivery of
parking revenue and refunding bonds of the City of
Lincoln, Nebraska to pay the costs of an
additional parking garage, to refund outstanding
parking revenue bonds of the City and related
matters.
35) 12-109 Amending Title 27 of the Lincoln Municipal Code to
correct unintentional drafting errors and
omissions resulting from the reformatting and
streamlining changes to the Zoning Code as amended
by Ordinance No. 19733, passed by the City Council
on June 25, 2012.
Fact Sheet (31K)
RESOLUTIONS - 1ST READINGB (ITEMS 36 THRU 41 HAD 1ST READING)
36) 12R-173 Approving a multi-year City of Lincoln
Construction Management System Upgrade between the
City of Lincoln and Aurigo Software Technologies,
Inc. for its Engineering Services construction
contract management software for a four year term.
Fact Sheet (8K)
Attachment (1545K)
37) 12R-195 Approving Amendment to Bid No. 10-163 Contract
Agreement between the City of Lincoln and Lincoln
Winwater Works Company for the Annual Requirements
of Fabricated Tapping Sleeves for an additional
two year term.
Fact Sheet (123K)
Attachment (293K)
38) 12R-198 Approving Amendment to Bid No. 10-160 Contract
Agreement between the City of Lincoln and Lincoln
Winwater Works Company for the Annual Requirements
of Clow Fire Hydrant Parts for an additional two
year term.
Fact Sheet (125K)
Attachment (1672K)
39) 12R-196 Approving three Unit Price Contracts between the
City of Lincoln, Lancaster County, Public Building
Commission and MWE Services, Inc., NGC Group, Inc.
and David Wood Construction, Inc. for General
Construction Projects less than $25,000 pursuant
to Bid No. 12-143 for four year terms.
Fact Sheet (119K)
Attachment (5223K)
40) 12R-197 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of August 1 - 15,
2012.
Fact Sheet (14K)
Attachment (23K)
41) 12R-199 A resolution to approve the labor contract between
the City of Lincoln and the Lincoln M Class
Employees Association to be effective August 16,
2012 through August 31, 2014.
Fact Sheet (13K)
Attachment (1115K)
Attachment 2 - Redlined Version (120K)
PENDING LIST - DATE CERTAIN
42) 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)
Fact Sheet (204K)
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)
Fact Sheet (13K)
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)
Fact Sheet (647K)
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)
Fact Sheet (1367K)
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)
Fact Sheet (693K)
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)
Fact Sheet (75K)
Motion To Amend (7K)
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)
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 AUGUST ARE THE 13TH AND
27TH.
ADJOURNMENT 4:52 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