City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 17, 2012 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
THERE WILL BE NO MEETINGS THE WEEKS OF
DECEMBER 24 AND 31 DUE TO THE HOLIDAYS
NEWLY ELECTED COUNCIL MEMBER
OATH OF OFFICE - LLOYD HINKLEY
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-297 Appointing Tracy Corr and Dennis D.
Scheer to the Lincoln-Lancaster County
Planning Commission for terms expiring
August 24, 2017. (ADOPTED, 6-0; A-87137)
Attachment (112K)
2) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
December 3, 2012 (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
3) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 12059 to
Special Permit No. 1311, Sunrise Estates, approved
by the Planning Director on December 5, 2012,
requested by Sunrise Estates Community
Association, to revise the site plan by
eliminating the majority of outlots and
incorporating them into adjacent lots, on property
generally located at Holdrege St. and Linwood
Lane.
Administrative Amendment No. 12061 to
Special Permit 277I, Pine Lake Community Unit
Plan, approved by the Planning Director on
December 7, 2012, requested by Benjamin and Ramzi
Hynek, to adjust the side yard setback adjacent to
the north lot line of Lot 25, Pine Lake Addition
(6420 Westshore Drive), from 15 feet to 10 feet,
with the condition that the adjustment applies
only from the point of the addition nearest the
front of the home to the rear lot line, on
property generally located near S. 84th
St. and Pine Lake Rd.
4) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
5) Application of Sam's West, Inc. dba Sam's Club
#4873 for a Class C liquor license at 8480
Andermatt Drive. (ADOPTED, 6-0; A-87138)
6) Manager application of Jonathan W. Rowe for Sam's
West, Inc. dba Sam's Club #4873 at 8480 Andermatt
Drive. (ADOPTED, 6-0; A-87139)
7) Application of B & R Stores, Inc. dba Super Saver
#27 for a Class C liquor license at 840 Fallbrook
Blvd. (ADOPTED, 6-0; A-87140)
8) Manager application of Brian M. Hayes for B & R
Stores, Inc. dba Super Saver #27 at 840 Fallbrook
Blvd. (ADOPTED, 6-0; A-87141)
9) Application of BBQ Luck, LLC dba Luckie's Lounge &
BBQ for a Class C liquor license at 5250
Cornhusker Highway. (ADOPTED, 6-0; A-87142)
10) Manager application of Jesse D. Osborne for BBQ
Luck, LLC dba Luckie's Lounge & BBQ at 5250
Cornhusker Highway. (ADOPTED, 6-0; A-87143)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
11) 12R-296 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of November 16-30,
2012. (MTA #1 ADOPTED, 6-0; ADOPTED AS AMENDED,
6-0; A-87144)
Fact Sheet (10K)
Attachment (25K)
12) 12R-298 Approving a Cooperative Agreement between the
Nebraska Department of Environmental Quality and
the City of Lincoln regarding State of Nebraska
grant funding from the Stormwater Management Plan.
(ADOPTED, 6-0; A-87145)
Fact Sheet (13K)
Attachment (304K)
13) 12R-299 Approving the City of Lincoln Public Art Master
Plan for works of art to be placed on City-owned
property. (ADOPTED, 6-0; A-87146)
Fact Sheet (137K)
Attachment (9719K)
14) 12R-300 Approving a Memorandum of Agreement between the
City of Lincoln and O.P.P.D. for fiber attachment
points to poles to connect fiber cable at the well
sites of the Lincoln Water System in Ashland.
(ADOPTED, 6-0; A-87147)
Fact Sheet (13K)
Attachment (70451K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
15) 12-148 Repealing Ordinance No. 18002, passed on June 3,
2002, establishing a voluntary utility billing
donation program by users of electricity furnished
by the Lincoln Electric System, known as Lincoln
Cares. (PASSED, 6-0; #19812)
Fact Sheet (121K)
16) 12-150 Annexation No. 12006 - Amending the Lincoln
Corporate Limits Map by annexing approximately 100
acres generally located at North 84th Street and
Havelock Avenue. (PASSED, 6-0; #19813)
Fact Sheet (370K)
Attachment (492K)
17) 12-151 Change of Zone No. 04075D - Application of Village
Gardens Development Company, LLC, to amend the
Village Gardens Planned Unit Development to expand
the area by approximately two acres; for a change
of zone from AG Agriculture District to R-3
Residential District PUD on a portion of Outlot F,
Village Meadows 3rd Addition; for a Planned Unit
Development District designation of said property;
and for a development plan with modifications to
the Zoning Ordinance and Land Subdivision
Ordinance to allow single family residential
dwellings in the underlying R-3 zoned area
generally located at South 62nd Street and
Blanchard Boulevard. (PASSED, 6-0; #19814)
Fact Sheet (643K)
18) 12-153 Technical Amendments Ordinance amending
Chapter 2.02 of the Lincoln Municipal Code
relating to Governmental Organization, Chapter
2.14 relating to City Auditor, and Chapter 2.56
relating to Restrictions on Participation in
Lotteries by amending Section 2.02.050, the title
of Chapter 2.14, and Sections 2.14.010, 2.14.020,
2.14.030, 2.14.040, 2.14.050, 2.14.060, 2.14.070,
2.14.080, and 2.56.030 to reflect the change of
title of the position of City Auditor to City
Controller; amending Chapter 2.16 of the Lincoln
Municipal Code relating to City Treasurer by
amending Sections 2.16.040, 2.16.050, and 2.16.060
to change terminology to accord with modern
practice and technology currently utilized by the
City Treasurer; amending Chapter 3.04 of the
Lincoln Municipal Code relating to Revenue and
Finance General Provisions by amending Section
3.04.010 to accord with the 2007 amendment of the
Lincoln Charter by providing that payments of
approved claims may be made by checks or warrants.
(PASSED, 6-0; #19815)
Fact Sheet (14K)
19) 12-154 Consent Amendments Ordinance amending
Chapter 2.16 of the Lincoln Municipal Code
relating to City Treasurer by amending Sections
2.16.090 and 2.16.100 to revise duties to accord
with modern practice and technology currently
utilized by the City Treasurer; amending Chapter
2.18 of the Lincoln Municipal Code relating to
Purchasing Division by amending Sections 2.18.020
and 2.18.030 to raise departmental authority to
make direct purchases to accord with federal
requirements; amending Chapter 2.20 of the Lincoln
Municipal Code relating to Fire and Rescue
Department by amending Section 2.20.150 to
transfer authority for fire hydrant use from the
Fire Chief to the Director of Public Works and
Utilities; amending Chapter 5.04 of the Lincoln
Municipal Code relating to Alcoholic Liquor by
amending Section 5.04.062 to require an
application for a Special Designated License that
does not require Council approval to be filed at
least 21 days before the event to meet deadlines
established by the Nebraska State Liquor
Commission; amending Chapter 8.26 of the Lincoln
Municipal Code relating to Nuisances by amending
Section 8.26.040 to provide that no report of
clearing a nuisance shall be required when the
property owner has paid the assessment for
clearing the nuisance before September 1; amending
Chapter 10.26 of the Lincoln Municipal Code
relating to Arterial Streets by repealing Section
10.26.136 to remove the designation of Forty-fifth
Street as an arterial street, and amending Section
10.26.360 to designate the portion of Folsom
Street between Rosa Parks Way and Capitol Parkway
West as an arterial street. (MTA #1 ADOPTED, 6-0;
PASSED AS AMENDED, 6-0; #19816)
Fact Sheet (16K)
Motion To Amend (36K)
20) 12-155 Technical Amendments Ordinance amending
Chapter 2.20 of the Lincoln Municipal Code
relating to the Fire and Rescue Department by
amending Section 2.20.010 to update terminology to
accord with current practice; amending Sections
2.20.050 and 2.20.080 to provide that the Fire
Officer in command has authority at the scene of
an emergency; amending Section 2.20.060 to provide
that members of Lincoln Fire and Rescue will
protect residences as well as businesses; amending
Section 2.20.070 to provide for personnel
identification other than badges and disposition
of identification upon leaving the Department;
amending Chapter 7.06 of the Lincoln Municipal
Code relating to Routine Ambulance Service by
amending Section 7.06.010 to clarify that the
Finance Director issues licenses for ambulance
service; amending Section 7.06.070 to provide that
providers of routine ambulance service shall
comply with medical protocols; amending Sections
7.06.090 and 7.06.100 to update terminology to
accord with current practice; amending Chapter
7.08 relating to Emergency Ambulance Service by
amending Section 7.08.040 to clarify that
prohibition of emergency ambulance service does
not apply to Lincoln Fire and Rescue; and amending
Section 7.08.050 to clarify the definition of
life-threatening condition. (PASSED, 6-0; #19817)
Fact Sheet (16K)
21) 12-156 Technical Amendments Ordinance amending
Chapter 4.20 of the Lincoln Municipal Code,
relating to the Library Board, by amending Section
4.20.010 to remove provisions relating to the
initial appointments of members to the Library
Board, and amending Section 4.20.020 by removing
obsolete language that made the Library Board
responsible for functions that are now performed
by the Purchasing Division; amending Chapter 8.32
of the Lincoln Municipal Code, relating to Solid
Wastes, by amending Section 8.32.150 to provide
that increase in the occupation tax on solid
wastes collected within the city limits, or
collected outside the city limits and placed in
public sanitary landfills, shall not take effect
until September 1, 2013; amending Chapter 10.28 of
the Lincoln Municipal Code relating to One-Way
Street System by amending Section 10.28.020 to
indicate that "P" Street is a two-way street
between Tenth and Eleventh Streets; amending
Chapter 12.04 of the Lincoln Municipal Code,
relating to Parks and Recreation Advisory Board,
by amending Section 12.04.020
to revise language to accord with current
activities and responsibilities of the Parks and
Recreation Advisory Board; amending Chapter 12.08
of the Lincoln Municipal Code, relating to General
Rules and Regulations for Parks, by amending
Section 12.08.140 to clarify the description of
trailers that may not occupy parks during certain
hours and amending Section 12.08.270 to reflect
the re-naming of Lincoln Children's Zoo; amending
Chapter 12.24 of the Lincoln Municipal Code,
relating to Golf and Tennis under the Parks and
Recreation Department, amending Chapter 12.28,
relating to fishing in parks, and amending Chapter
12.32 of the Lincoln Municipal Code, relating to
Boating in parks, by amending Sections 12.24.010,
12.24.020, 12.24.030, 12.24.060, 12.28.010, 12.28.040,
and 12.32.040, to update language and the title of the
Director of the Parks and Recreation Department,
and to clarify procedures for approving and filing
regulations; amending Chapter 12.36, relating to
Folsom Children's Zoo, by amending the title of
the chapter and Sections 12.36.010, 12.36.030,
12.36.040, 12.36.060, 12.36.070, and 12.36.090 to
reflect the re-naming of the zoo as Lincoln
Children's Zoo, and updating the title of the
Director of the Parks and Recreation Department.
(MTA #1 ADOPTED, 6-0; PASSED AS AMENDED, 6-0; #19818)
Fact Sheet (16K)
Motion To Amend (6K)
22) 12-157 Consent Amendments Ordinance amending
Chapter 12.08 of the Lincoln Municipal Code,
relating to General Rules and Regulations for
Parks, by amending Section 12.08.010 to define
Hiker-Biker trail and Multi-use trails, and
clarify that the definition of Roadway includes
Multi-use trails, repealing Section 12.08.030 and
12.08.040, to remove the authorization to permit
use of snowmobiles in parks, amending Section
12.08.060 by applying speed limits to multi-use
trails, amending Section 12.08.070 to reflect the
renaming of Bill Harris Park, clarifying that
multi-use trails are open 24 hours a day and
repealing the requirement that the Director of the
Parks and Recreation Department report changes of
park hours to the Parks and Recreation Advisory
Board, amending Section 12.08.200 by providing
that shooting model rockets and flying model
aircraft are prohibited in parks, and amending
Section 12.08.230, to provide that commercial
activities may be permitted by the Director of the
Parks and Recreation Department; amending Chapter
12.12 of the Lincoln Municipal Code, relating to
Policing Parks Outside City by repealing that
chapter, consisting of Section 12.12.010; amending
Chapter 12.20 of the Lincoln Municipal Code,
relating to Trees and Shrubbery, by amending
Section 12.20.025 to delete the requirement for
annual reports on tree planting; amending Chapter
12.32, relating to Boating in parks, by repealing
Section 12.32.050 requirements for liability
insurance for hauling passengers by boat for hire.
(MTA #3 TO SPLIT 12R-157 ADOPTED, 6-0; BILL NO.
12-157A: MTA #4 ADOPTED, 6-0; MTA #5 ADOPTED, 6-0;
PASSED AS AMENDED, 6-0; #19819; BILL NO. 12-157B:
MOTION TO DELAY W/ ACTION ONLY TO 01/14/13 ADOPTED,6-0)
Fact Sheet (16K)
Motion To Amend (37K)
Motion To Amend (36K)
Motion To Amend (6K)
Attachment (28K)
Motion To Amend (37K)
Motion To Amend (36K)
Attachment (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)
(ITEM 23 HAD 1ST READING)
23) 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)
RESOLUTIONS - 1ST READING
NONE
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (SEE ITEMS 32 & 33)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
(WITHDRAWN, 6-0; #38-4627)
Fact Sheet (204K)
33) 12R-293 Renaming Iron Horse Park generally located at 7th
and Q Street as Bill Harris Park. (12/10/12 -
Placed on Indefinite Pending; to have P.H.
when removed from Pending) (WITHDRAWN, 6-0;
#38-4628)
Fact Sheet (124K)
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. THERE WILL ONLY BE ONE
OPEN MICROPHONE SESSION FOR THE MONTH OF DECEMBER WHICH IS
DECEMBER 17TH AT 5:30 P.M.
ADJOURNMENT 5:36 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