City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 24, 2012 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
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 September 10, 2012. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
2) Setting the hearing date of Monday, October 8,
2012 at 5:30 p.m. for the application of Rickety
Cricket, LLC dba N Street Drive In for a Class C
liquor license located at 1801 O Street.
(ADOPTED, 6-0; A-87005)
3) Setting the hearing date of Monday, October 8,
2012 at 5:30 p.m. for the application of
Grandmother's, Inc. dba Don & Millie's for a
Class I liquor license located at 8150 O Street.
(ADOPTED, 6-0; A-87006)
4) Setting the hearing date of Monday, October 8,
2012 at 5:30 p.m. for the application of
Talexmo, LLC dba Woodees Bar for a Class C
liquor license located at 2001 West O Street.
(ADOPTED, 6-0; A-87007)
5) Setting the hearing date of Monday, October 8,
2012 at 5:30 p.m. for the application of CVS
Pharmacy, LLC dba CVS/Pharmacy 8294 for a Class
C liquor license located at 4808 O Street.
(ADOPTED, 6-0; A-87008)
6) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 12042 to Pre-
Existing Use Permit No. 9S, Edgewood Shopping
Center, approved by the Planning Director on
September 13, 2012, requested by Orange
Development Inc., to amend the site plan to show
a revised lot layout to accommodate a proposed
pharmacy, on property generally located near S.
56th St. and Highway 2.
7) REFERRED TO THE PLANNING DEPARTMENT:
Special Permit No. 06001B - Requested by Fox
Hollow, LLC, for an amendment to the Grand
Terrace Community Unit Plan, to expand the
boundaries by adding a five acre lot to allow
approximately 31 additional dwelling units, with
a waiver request to cul-de-sac radius, on
property legally described as Lot 1, Amber Hill
Estates 2nd Addition, located in the NE
1/4 of Section 22-9-7, Lancaster County,
Nebraska, generally located at S. 84th
Street and Amber Hill Road. The Planning
Commission action is final action, unless
appealed to the City Council.
8) Informal Petition to create an assessment
district for the repair of 66th Street
from Highway 2 to Pine Lake Road, to include
Almira Lane, Marcus Road and Ann's Court, filed
by Audra Kelly, for Country Meadows, HOA.
(REFERRED TO PUBLIC WORKS DEPT. ON 9/19/12)
9) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 10 THRU 13 HAD 2ND READING; SEE ITEM 12)
10) 12-118 Change of Zone 12026 - Application of
NeighborWorks Lincoln for a change of zone from
R-6 Residential District to R-6 Residential
District with a Landmark Overlay to designate
the Dr. O.C. Reynolds House as a landmark on
property generally located at 2530 Q Street.
(Related Items: 12-118, 12R-222) (Action
Date: 10/1/12)
Fact Sheet (2802K)
Attachment (337K)
11) 12R-222 Special Permit 12030 - Application of
NeighborWorks Lincoln to permit the use of
a designated landmark for offices,
education center and meeting space and to
modify the front and rear yard setbacks on
property generally located at 2530 Q
Street. (Related Items: 12-118, 12R-222)
(Action Date: 10/1/12)
Fact Sheet (2177K)
12) 12-119 Amending Title 17 of the Lincoln Municipal Code
relating to Water by amending Section 17.26.010,
Emergency Restrictions, to provide that a
violation of the section shall be an infraction
and to provide the penalty therefor; amending
Section 17.62.010, Penalties, to provide that
the penalties in Section 17.62.010 shall apply
to all violations of Title 17 unless otherwise
stated.(WITHDRAWN, 6-0; #38-4625)
Fact Sheet (74K)
13) 12-122 Amending Title 14 of the Lincoln Municipal Code
relating to Public Property and Public Ways by
adding a new Chapter 14.34 entitled "Film
Permits" to create an efficient process for
issuing permits for filming operations within
the City of Lincoln.
Fact Sheet (74K)
PUBLIC HEARING - RESOLUTIONS
14) 12R-223 Approving an Interlocal Agreement between the
City of Lincoln and Butler County, Nebraska for
the operation, management, support, monitoring
and evaluation of the Butler Senior Services
Program through the Lincoln Area Agency of
Aging's community aging service programs.
(ADOPTED, 6-0; A-87009)
Fact Sheet (98K)
Attachment (2153K)
15) 12R-224 Approving an Interlocal Agreement between the
City of Lincoln, on behalf of the Lincoln-
Lancaster County Health Department, and
Lancaster County, on behalf of the Lancaster
County Corrections Community Service Program, to
provide roadside litter pickup along County
roads for the Health Department for a term of
April 15, 2012 through December 15, 2012.
(ADOPTED, 6-0; A-87010)
Fact Sheet (87K)
Attachment (352K)
16) 12R-225 Authorizing and supporting the County of
Lancaster's application to the State of Nebraska
Game and Parks Commission for financial
assistance from the Recreational Trails Program
for replacing the Wilderness Park Bike Bridge
located between Old Cheney Road and Pioneers
Boulevard. (ADOPTED, 6-0; A-87011)
Fact Sheet (110K)
17) 12R-226 Approving an extension of the term of an
Interlocal Agreement between the City of Lincoln
and the Lincoln-Lancaster County Public Building
Commission through December 29, 2012, for the
installation of a solar renewable energy rooftop
array on the Lincoln Police Department Center
Team headquarters building at 1501 North 27th
Street, utilizing federal Energy Efficiency and
Conservation Block Grant funds. (ADOPTED, 6-0;
A-87012)
Fact Sheet (123K)
Attachment (68K)
18) 12R-227 Approving a Memorandum of Agreement Regarding
Establishing and Funding of the Endowment for
Idylwild Park and Medians between Sam
Properties, Inc. and the City of Lincoln which
provides for the establishment of an endowment
fund to fund major repairs, replacements,
renovation and regular maintenance for Idylwild
Park generally located at the intersection of
Idylwild Drive and Apple Street and the Idylwild
Drive Medians. (ADOPTED, 6-0; A-87013)
Fact Sheet (100K)
Attachment (15K)
19) 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) (CON'T P.H. TWO WEEKS TO 10/8/12, 6-0)
Fact Sheet (102K)
Attachment (161K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
20) 12-113 Authorizing the issuance, sale anD delivery
of Holdrege/Idylwild Redevelopment Project
Tax Allocation Bonds of the City of
Lincoln, Nebraska.(MTA #1 ADOPTED, 6-0;
PASSED AS AMENDED, 6-0; #19779)
21) 12-114 Authorizing the execution and delivery of a
First Amendment to Loan Agreement among the City
of Lincoln, Nebraska, The Dairy House, LLC, and
Pinnacle Bank, and related documents.
(Related: 12-114, 12R-221) (Action Date:
9/24/12)(PASSED, 6-0; #19780)
22) 12R-221 Approving Amendment No. 2 to the Redevelopment
Agreement (Telesis/Dairy House Project) between
the Dairy House LLC and the City of Lincoln for
a change of the Building Condominium Units in
Phase One and the corresponding change to the
legal description for the Redevelopment Project
Site. (Related: 12-114, 12R-221) (Action
Date: 9/24/12) (ADOPTED, 6-0; A-87014)
Fact Sheet (24K)
Attachment (388K)
23) 12R-219 Approving Amendment No. 1 to the Highway 77 &
Warlick Boulevard Conditional Annexation and
Zoning Agreement between the City of Lincoln and
Dial-Hwy 77, LLC, Great Western Bank, Southport
Ventures Company, LLC, Spangles, LLC, Austin
Realty Company, LeGrande Excavating, Inc., and
Norman H. LeGrande, to amend the Southwest
Village PUD site plan on property generally
located at Highway 77 and Warlick Boulevard and
to clarify the requirements for construction of
infrastructure improvements to serve the PUD.
(Related Items: 12R-219, 12-115) (Action
Date: 9/24/12) (ADOPTED, 6-0; A-87015)
Fact Sheet (12K)
Attachment (1290K)
24) 12-115 Change of Zone 05061A - Application of Horsemans
Benevolent & Protection Association to amend the
Southwest Village Planned Unit Development to
show a horse race course, simulcast facility,
barns and accessory buildings to the southwest
of 1st Street and West Denton Road; to allow all
B-2 zoning district conditional and special
permitted uses as permitted uses; and to waive
the requirement for 1st Street to be paved prior
to the race course construction, on property
generally located at Highway 77 and West Denton
Road. (Related Items: 12R-219, 12-115)
(Action Date: 9/24/12) (MTA #1 ADOPTED, 6-0;
PASSED AS AMENDED, 6-0; #19781)
Fact Sheet (19590K)
Motion To Amend (7K)
25) 12-116 Change of Zone 12023 - Application of Tackroom
Properties, LLC for a change of zone from H-3
Highway Commercial District to I-1 Industrial
District on property generally located at North
14th Street and Cornhusker Highway.
(PASSED, 6-0; #19782)
Fact Sheet (1412K)
26) 12-117 Change of Zone 12024 - Application of the
Lincoln Community Playhouse for a change of zone
from R-2 Residential District and R-3
Residential District to O-3 Office Park District
PUD for the Lincoln Community Playhouse Planned
Unit Development and for approval of a
development plan for 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, on property generally located
at South 56th Street and Lillibridge Street.
(PASSED, 6-0; #19783)
Fact Sheet (532K)
RECONSIDERATION - A-87003
27) 12R-210 Approving the Holdrege/Idylwild Redevelopment
Agreement between the City, Kappa Foundation and
Kinport Corporation relating to the
redevelopment of property generally located
between North 34th Street and North 37th Street
on Holdrege. (Request to Reconsider Resolution
A-87003 to include MTA #1 on 9/24/12) (MOTION TO
RECONSIDER APPROVED, 6-0; MTA #1 ADOPTED,
6-0; ADOPTED AS AMENDED 6-0; A-87003)
Fact Sheet (148K)
Attachment (848K)
Motion To Amend (777K)
RESOLUTION - ACTION ONLY
28) Application of Tack Room Inc./Tack Room
Properties, LLC for a special designated liquor
license in an outdoor area measuring
approximately 60 feet by 90 feet to the south of
its licensed premises at 1445 Cornhusker Highway
on October 13, 2012 from 5:30 p.m. to 2:00 a.m.
(9/17/12 - Action Delayed 1 wk to 9/24/12)
(ADOPTED FOR APPROVAL, 6-0; A-87016)
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 29
THRU 36 HAD 1ST READING)
29) 12-121 Vacation 12005 - Vacating a 50' by 30'
right-of-way stub in the northwest corner
of Lot 1, Block 2, Thomasbrook Addition,
generally located on the east side of South
56th Street at the intersection of
Lillibridge Street.
Fact Sheet (475K)
30) 12-123 Amending Chapter 5.41 of the Lincoln Municipal
Code relating to Salvage, Recycling and
Composting Operations by amending Section
5.41.050 to increase related permit fees; and
amending Section 5.41.060 to increase the annual
occupation tax levied on salvage operations or
commercial composting operations.
Fact Sheet (100K)
31) 12-124 Amending Title 8 of the Lincoln Municipal Code
relating to Health and Sanitation by amending
Section 8.06.145 to increase the permit fee for
open burning; amending Section 8.08.060 to
increase the permit fees for a body art
establishment; amending Section 8.08.150 to
increase the permit fees for a body art
practitioner; amending Section 8.08.350 to
establish a reinstatement fee of $190 for a body
art establishment permit and a set reinstatement
fee of $40 for a practitioner permit; amending
Section 8.14.037 to increase the permit fees
associated with child care programs; amending
Section 8.14.150 to establish a set
reinstatement fee of $110 for a permit
associated with child care programs; amending
Section 8.20.050 to adopt the updated Nebraska
Food Code; amending Section 8.20.150 to increase
the permit fees associated with food
establishments; amending Section 8.20.170 to
establish a reinstatement fee of $240 for
permits associated with food service; amending
Section 8.24.150 to increase the permit fee for
a variance to the provisions of LMC Section
8.24.090 relating to noise disturbances;
amending Section 8.38.090 to increase the permit
fee for the operation of a Class A or Class B
swimming pool; and amending Section 8.40.070 to
increase the permit fees associated with the
operation of spa facilities.
Fact Sheet (119K)
32) 12-125 Amending Title 24 of the Lincoln Municipal Code
relating to Plumbing and Sewers by amending
Section 24.38.070 to increase the permit fees
associated with on-site wastewater treatments
systems.
Fact Sheet (110K)
33) 12-127 Amending Chapter 8.32 of the Lincoln Municipal
Code, Solid Wastes, to clarify that an
occupation tax will not be charged on
recyclables managed through a licensed Materials
Recovery Facility.
Fact Sheet (118K)
34) 12-128 Amending Chapter 24.42 of the Lincoln Municipal
Code relating to Regulation of Property
Transfers with On-site Systems to increase the
fees for required services of reviewing private
industry property transfer reports and
conducting inspections, providing consultative
assistance, and enforcement.
Fact Sheet (115K)
35) 12-129 Amending Chapter 2.76 of the Lincoln Municipal
Code relating to the City's Personnel System by
adding a new section numbered 2.76.292 to
regulate fundraising activities of city
employees.
Fact Sheet (14K)
36) 12-130 Vacation 12001 - Vacating various rights-of-way
in the West Haymarket area generally bounded by
U Street on the north, L Street on the south,
4th Street on the west and 7th Street on the
east, retaining title thereto in the City of
Lincoln, declaring the vacated rights-of-way
surplus and authorizing the conveyance thereof
to the West Haymarket Joint Public Agency.
Fact Sheet (1754K)
Attachment (1530K)
RESOLUTIONS - 1ST READING (ITEMS 37 THRU 50 HAD 1ST READING)
37) 12R-228 Appointing Luanne Finke to the Community
Forestry Advisory Board for a term expiring
August 14, 2014.
Attachment (72K)
38) 12R-229 Reappointing Larry Anderson to the Community
Forestry Advisory Board for a term expiring
August 17, 2015.
39) 12R-240 Reappointing Douglas Ganz to the Community
Health Endowment Board for a term expiring on
September 1, 2015.
40) 12R-237 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of September 1 -
15, 2012.
Fact Sheet (10K)
Attachment (23K)
41) 12R-238 Approving appropriations in the amount of
$42,800.00 from the operation of keno lottery
funds for various human services (round 36).
Attachment (46K)
42) 12R-232 Approving an Interlocal Agreement between the
City, Lancaster County and the Railroad
Transportation Safety District to accept the
transfer of RTSD Funding for the South Lincoln
Quiet Zone and to accept City ownership and
maintenance of the safety improvements, City
Project No. 702618.
Fact Sheet (13K)
Attachment (396K)
43) 12R-233 Approving an Interlocal Agreement between the
City and the Railroad Transportation Safety
District to accept the transfer of RTSD Funding
for the South Salt Creek Quiet Zone and to
accept City ownership and maintenance of the
safety improvements, City Project No. 702617.
Fact Sheet (14K)
Attachment (291K)
44) 12R-234 Approving an Interlocal Agreement between the
City and the Railroad Transportation Safety
District to accept the transfer of RTSD Funding
for the SW 40th Street/BNSF Overpass and to
acknowledge the paving of approximately 900 feet
of SW 40th Street from West O Street to the
south, City Project No. 700132.
Fact Sheet (13K)
Attachment (289K)
45) 12R-235 Waiver No. 12019 Application of Life
Tabernacle Church to waive the parking lot
surfacing requirement, pursuant to Section
27.67.100(c) of the Lincoln Municipal Code, on
property generally located at North 1st Street
and Adams Street.
Fact Sheet (690K)
46) 12R-239 Authorizing an appropriation of $250,000 from
the Fast Forward Fund to the Airport Authority
as matching funds for road construction and
installation of water and wastewater utilities
for development of Airpark industrial property,
pursuant to the Memorandum of Understanding
between the City of Lincoln, the Airport
Authority and the Lincoln Chamber Economic
Development Corporation.
Fact Sheet (12K)
Attachment (1954K)
47) 12R-236 Assessing Public Health Nuisance Abatement costs
associated with the clearing of public nuisances
by the health Department to the following
benefitted properties: 2327 S. 56th, 2203 S.
8th, 1200 S. 16th, 1828 N, 1115 S. 14th, 6336
Colfax, 3235 Starr, 1835 S. 11th, 936 N. 24th,
2513 S. 10th, 1525 N. 28th, 1749 Euclid, 1020
Sumner, 1531 S. 22nd, 341 D, 225 S.
30th.
Fact Sheet (99K)
Attachment (21867K)
48) 12R-230 Adopting fees to cover the expenses of
conducting National Pollutant Discharge
Elimination system (NPDES) stormwater permit
compliance inspections at regulated industrial
facilities by Health Department staff.
Fact Sheet (111K)
49) 12R-231 Increasing fees for special waste permits as
authorized under Chapter 8.32 of the Lincoln
Municipal Code.
Fact Sheet (112K)
50) 12R-241 Amending the Lincoln-Lancaster County Air
Pollution Control Regulations and Standards to
modify the annual fee structure for required
services to business and industry.
Fact Sheet (108K)
Attachment (386K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
51) 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)
52) 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)
53) 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)
54) 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)
55) 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)
56) 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)
57) 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)
58) 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)
59) 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)
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 SEPTEMBER ARE THE 10TH AND 24TH.
ADJOURNMENT 6:20 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