City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 11, 2013 AT 3:00 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO MEETING THE WEEK OF FEBRUARY 18
PRESIDENTS' DAY OBSERVED
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) Report from the City Treasurer of franchise tax
for the 4th Quarter 2012 from Time Warner Cable.
(PLACED ON FILE)
2) Report from City Treasurer of franchise tax for
the month of December, 2012 from Black
Hills/Nebraska Gas Utility Co., LLC.
(PLACED ON FILE)
3) Report from City Treasurer of E911 surcharge for
the time period September - December 2012.
(PLACED ON FILE)
4) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on January 28, 2013. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
5) Setting the hearing date of Monday, March 4,
2013 at 3:00 p.m. for the application of RMH
Franchise Corporation dba Applebee's
Neighborhood Grill & Bar for a Class I liquor
license located at 1133 Q Street.
(ADOPTED, 7-0; A-87199)
6) Setting the hearing date of Monday, March 4,
2013 at 3:00 p.m. for the application of RMH
Franchise Corporation dba Applebee's
Neighborhood Grill & Bar for a Class I liquor
license located at 6100 O Street.
(ADOPTED, 7-0; A-87200)
7) Setting the hearing date of Monday, March 4,
2013 at 3:00 p.m. for the application of RMH
Franchise Corporation dba Applebee's
Neighborhood Grill & Bar for a Class I liquor
license located at 3951 N. 27th Street.
(ADOPTED, 7-0; A-87201)
8) Setting the hearing date of Monday, March 4,
2013 at 3:00 p.m. for the application of RMH
Franchise Corporation dba Applebee's
Neighborhood Grill & Bar for a Class I liquor
license located at 3730 Village Drive.
(ADOPTED, 7-0; A-87202)
9) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 13005 to Special
Permit No. 450P, Madonna Rehabilitation Hospital,
approved by the Planning Director on
January 31, 2013 requested by the Planning
Department to correct the special permit number
referenced in Resolution PC-00848 approved in
March, 2004 on property generally located at
5401 South St.
10) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
11) Application of TLD Foods, Inc. dba Sam & Louie's
for a Class IK liquor license at 1332 P Street,
Suite A. (ADOPTED FOR APPROVAL, 7-0; A-87203)
12) Manager application of Paul A. Johnson for TLD
Foods, Inc. dba Sam & Louie's at 1332 P Street,
Suite A. (ADOPTED FOR APPROVAL, 7-0; A-87204)
13) Application of Vina Market I, LLC dba Vina
Market for a Class C liquor license at 611 North
27th Street. (ADOPTED FOR APPROVAL, 7-0; A-87205)
14) Manager application of Phong T. Nguyen for Vina
Market I, LLC dba Vina Market at 611 North 27th
Street. (ADOPTED FOR APPROVAL, 7-0; A-87206)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 15 THRU
29 HAD 2ND READING)
15) 13-12 Approving a Sublease Agreement between the
City of Lincoln and Goodwill Industries for
the sublease of office space located at
1010 N Street to provide job training and
employment services under the Workforce
Investment Act for a term of January 1,
2013 through December 31, 2014.
Fact Sheet (97K)
Attachment (1937K)
16) 13-13 Approving a Sublease Agreement between the
City and Nebraska DAS/State Building
Division on behalf of the Department of
Labor for the sublease of office space
located at 1010 N Street, to provide job
training and employment services under the
Workforce Investment Act for a term of
January 1, 2013 through December 31, 2013.
Fact Sheet (102K)
Attachment (1959K)
17) 13-9 Approving a Ground Lease between the City
of Lincoln and Active Living Center
Condominium Association for the lease of
the Active Living Center at 250 N. 21st
Street for a 30 year term. (Related
Items: 13-9, 13-21) (Action Date: 2/25)
Fact Sheet (87K)
Attachment (1057K)
18) 13-21 Approving the conveyance by quitclaim deed
of Unit 3 of the Active Living Center from
the City of Lincoln to the Nebraska Trails
Foundation on property located at 250 N.
21st Street, Suite 3. (Related Items:
13-9, 13-21) (Action Date: 2/25)
Fact Sheet (86K)
Attachment (95K)
19) 13R-33 Comp. Plan Conformance 12024 - Approving an
amendment to the Antelope Valley Redevelopment
Plan to add "The Wrap Project" for approximately
160 dwelling units and a 1,600 stall parking
garage on property generally located between Q
Street, R Street, N. 18th Street and N. Antelope
Valley Parkway. (Related Items: 13R-33,
13-15, 13-16) (Action Date: 2/25/13)
Fact Sheet (4157K)
Attachment (1203K)
Attachment (2021K)
20) 13-15 Comp. Plan Conformance 12023 - Declaring
approximately 0.20 acres of property
generally located at the northeast corner
of N. 18th Street and Q Street as surplus
property. (Related Items: 13R-33, 13-15,
13-16) (Action Date: 2/25/13)
Fact Sheet (2126K)
21) 13-16 Vacation No. 12011 - Vacating North 18th
Street between Q and R Street; the north 4
feet of Q Street between North 18th Street
and N. Antelope Valley Parkway; and the
south 4 feet of R Street between North 18th
Street and N. Antelope Valley Parkway.
(Related Items: 13R-33, 13-15, 13-16)
(Action Date: 2/25/13)
Fact Sheet (5246K)
22) 13-17 Change of Zone 12037 - Application of the
Planning Director for a change of zone from
P Public Use District to B-4 Lincoln Center
Business District and I-1 Industrial
District; and from B-4 Lincoln Center
Business District, R-4 Residential
District, R-6 Residential District,
I-1 Industrial District and H-3 Highway
Commercial District to P Public Use
District, on property generally bounded by
Cornhusker Highway to P Street and North
10th Street to North 23rd Street.
Fact Sheet (5603K)
23) 13R-34 Comp. Plan Amendment 12003 - Amending the 2040
Lincoln-Lancaster County Comprehensive Plan by
changing the land use designation from
Residential to Commercial and to designate a new
community center on property generally located
at North 1st Street and Cornhusker Highway.
(Related Items: 13R-34, 13R-35, 13R-36,
13-14) (Action Date: 2/25/13)
Fact Sheet (2410K)
24) 13R-35 Comp. Plan Conformance 12020 - Approving the 1st
and Cornhusker Redevelopment Plan consisting of
an estimated 78 acres comprised of mobile home
residential land use, generally bounded by
Cornhusker Highway, N. 4th Street, Adams Street
and N. 1st Street. (Related Items: 13R-34,
13R-35, 13R-36, 13-14) (Action Date: 2/25/13)
Fact Sheet (566K)
Attachment (2486K)
25) 13R-36 Approving a Directed Arterial Street Impact Fee
Transportation Improvement Agreement between the
City and Ascentia Real Estate Investment Company
to identify developer's cost responsibilities
regarding the construction of the Arterial
Street Impact Fee Facility Improvements related
to mixed-use development, including an apartment
complex, hotel, office space and retail space,
generally located at 1st and Cornhusker Highway.
(Related Items: 13R-34, 13R-35, 13R-36, 13-14)
(Action Date: 2/25/13)
Fact Sheet (97K)
Attachment (323K)
26) 13-14 Change of Zone 12029 - Application of
Countryside Mobile Home Park LLP and
Lincoln Mobile Home Parks LLP for a change
of zoned from H-3 Highway Commercial
District and R-2 Residential District to
R-3 Residential District PUD, on property
generally located at N. 1st Street and
Cornhusker Highway; 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
391,100 sq. ft. of commercial floor area,
a hotel and 450 dwelling units on the
underlying R-3 zoned area. (Related
Items: 13R-34, 13R-35, 13R-36, 13-14)
(Action Date: 2/25/13)
Fact Sheet (5964K)
27) 13-18 Comp. Plan Conformance 12022 - Declaring
approximately 1.56 acres of property
generally located at West B Street and
S. Folsom Street as surplus property.
(Related Items: 13-18, 13-19, 13-20)
(Action Date: 2/25/13)
Fact Sheet (1549K)
28) 13-19 Change of Zone 12039 - Application of the
Director of the Parks and Recreation
Department for a change of zone from
P Public Use District to R-2 Residential
District on property generally located at
West B Street and S. Folsom Street.
(Related Items: 13-18, 13-19, 13-20)
(Action Date: 2/25/13)
Fact Sheet (1542K)
29) 13-20 Approving a Real Estate Sales Agreement
between the City and Willard Community
Center for property generally located at
1245 S. Folsom Street. (Related Items:
13-18, 13-19, 13-20) (Action Date: 2/25/13)
Fact Sheet (81K)
Attachment (2131K)
PUBLIC HEARING - RESOLUTIONS
30) 13R-38 Approving an Interlocal Agreement between the
City of Lincoln, Parks and Recreation
Department, and the Nebraska Game and Parks
Commission for engineering services and
construction improvements to Bowling Lake
generally located at N.W. 48th Street and
W. Cuming Street. (ADOPTED, 7-0; A-87207)
Fact Sheet (82K)
Attachment (179K)
31) 13R-37 Approving a Construction Engineering Services
Agreement between the City and the Nebraska
Dept. of Roads for the use of Federal Surface
Transportation Program Funds for the Citywide
Street Resurfacing Project (State Project No.
LCLC-5228(4), CN 13138, City Project No. 540022).
(ADOPTED, 7-0; A-87208)
Fact Sheet (12K)
Attachment (2447K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
32) 13-10 Authorizing the issuance of not to exceed
$9,000,000 aggregate principal amount of
Solid Waste Management Revenue and
Refunding Bonds, and related matters.
(PASSED, 7-0; #19825)
33) 13-4 Change of Zone 10014A - Application of
Union Bank to amend the Northwoods Plaza
Planned Unit Development to change the
number of dwelling units from 80 to 150 on
property generally located at North 84th
Street and Holdrege Street.
(PASSED, 6-1; CAMP, CARROLL, COOK,
ESKRIDGE, HINKLEY, SCHIMEK ASSENTING;
EMERY DISSENTING; #19826)
Fact Sheet (2827K)
34 13-5 Change of Zone 12033 - Amending Title 27 of
the Lincoln Municipal Code (Zoning Ordinance)
to reformat Chapter 27.72 (Height and Lot
Regulations) and to include regulations
that were not carried over from
Chapter 27.71 to 27.72; to provide
clarification as to how uses are regulated
by amending Chapters 27.02 Definitions,
27.06 Use Groups, 27.39 H-1 Interstate
Commercial District, 27.62 Conditional
Uses, 27.63 Special Permits, 27.69 Signs,
27.72 Height and Lot Regulations.
(Related Items: 13-5, 13R-29)(Action Date: 2/11/13)
(MTA #1 ADOPTED, 7-0; PASSED AS AMENDED, 7-0;
#19827)
Fact Sheet (8628K)
Motion To Amend
35) 13R-29 Misc. No. 12018 - Application of the Planning
Director to amend the City of Lincoln Design
Standards by amending Chapter 3.5 (Landscaping
and Screening) to provide clarification
regarding screening requirements for motorized
vehicle repair and service facilities.
(Related Items: 13-5, 13R-29)(Action Date: 2/11/13)
(ADOPTED, 7-0; A-87209)
Fact Sheet (264K)
Attachment (24K)
36) 13-6 Change of Zone 12036 - Application of Kevin
Rhinehart for a change of zone from R-2
Residential District to R-2 Residential
District with Landmark Overlay, designating
the Myron Wheeler House as a Landmark, on
property generally located at 1717 D Street.
(PASSED, 7-0; #19828)
Fact Sheet (3716K)
Attachment (1387K)
37) 13-7 Amending the pay schedule for a certain
employee group whose classifications are
assigned to the pay range which is prefixed
by the letter "M" by creating the
classification of "Public Works and
Utilities Assistant Director."
(ACTION DELAYED TWO WEEKS TO 2/25/13, 7-0)
Fact Sheet (12K)
Attachment (9K)
38) 13-8 Approving a Real Estate Sales Agreement
between the City of Lincoln and the Housing
Authority of the City of Lincoln for the
sale of City property described as Lot 2
and the north 5 feet of Lot 3, Block 1,
Gibbon's Addition, more commonly known as
1621 North 29th Street.
(PASSED, 6-1; CARROLL, COOK, EMERY,
ESKRIDGE, HINKLEY, SCHIMEK ASSENTING;
CAMP DISSENTING; #19829)
Fact Sheet (115K)
Attachment (1706K)
39) 13-11 Approving a lease agreement between the
Lincoln Medical Educational Partnership and
City of Lincoln, on behalf of the Lincoln
Police Department for space to be utilized
for the Southeast Team Substation for an
eight month term. (PASSED, 7-0; #19830)
Fact Sheet (103K)
Attachment (994K)
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 40 THRU
45 HAD 1ST READING)
40) 13-25 Authorizing the issuance by the City of its
general obligation arena bonds in an
aggregate principal amount not to exceed
$25,000,000 for the purpose of paying the
costs incident to acquiring, constructing,
equipping and furnishing the Pinnacle Bank
Arena and related facilities and
improvements; pledging the income,
proceeds, and revenue of the arena,
appropriations from the State of Nebraska
and other State sources, and other
available revenue, income and receipts of
the City, including certain sales, use,
occupation and/or property tax revenue,
fees or receipts sufficient to pay the
principal of and the interest on said bonds
as they become due and payable; and related
matters.
41) 13-26 Authorizing the issuance by the City of its
general obligation stormwater bonds in an
aggregate principal amount not to exceed
$7,900,000 for the purpose of paying the
costs of improving and extending the City's
stormwater drainage and flood management
system, the levying of a tax on all taxable
property within the City to pay the
principal, premium and interest on such
bonds, and related matters.
42) 13-22 Change of Zone 12021 - Application of
Interstate Land, LLC for a change of zone
from I-1 Industrial District to R-3
Residential District Planned Unit
Development to allow a campground, multi-
family residential and any use allowed in
the I-1 Industrial District on the
underlying R-3 Residential zoned area on
property generally located at N.W. 12th
Street and Cornhusker Highway.
Fact Sheet (1520K)
43) 13R-40 Approving the Manor of Lincoln Development and
Conditional Zoning Agreement between Manor of
Lincoln, Inc. and the City of Lincoln to limit
uses on the property to office, veterinary
facility and those B-1 uses also allowed in the
R-2 Residential District on property generally
located at North 14th Street and Knox Street
should the property be re-zoned from R-2
Residential District to B-1 Local Business
District. (Related Items: 13R-40, 13-23)
(Action Date: 3/4/13)
Fact Sheet (94K)
Attachment (135K)
44) 13-23 Change of Zone 12040 - Application of Manor
of Lincoln for a change of zone from R-2
Residential District to B-1 Local Business
District on property generally located at
North 14th Street and Knox Street.
(Related Items: 13R-40, 13-23)
(Action Date: 3/4/13)
Fact Sheet (882K)
45) 13-24 Approving a Lease between the City of
Lincoln and Constellation Studios, LLC for
the lease of City property generally
located at the southwest corner of 21st and
O Streets for a five year term with options
to renew for two additional five year
terms.
Fact Sheet (132K)
Attachment (1673K)
RESOLUTIONS - 1ST READING (see Bill Nos. 13R-41 and 13R-42) (ITEMS 46 THRU
51 HAD 1ST READING)
46) 13R-41 Approving an Amendment to the Agreement between
the City of Lincoln on behalf of the
Lincoln-Lancaster County Health Department and
the Nebraska Department of Environmental Quality
for the Health Department's Air Quality Program
105 Grant Workplan to provide an additional
$60,000.00 for the replacement of the Health
Department's ozone monitor and expenses related
to said replacement. (Request to place on
Consent Agenda for P.H. on 2/25)
Fact Sheet (87K)
Attachment (126K)
47) 13R-42 Approving a Grant Agreement between the City of
Lincoln on behalf of the Lincoln-Lancaster
County Health Department and the Nebraska
Department of Environmental Quality for a
$19,000.00 grant for the Litter Reduction and
Recycling Grant Program - Keep Lincoln -
Lancaster County Beautiful Program - Cleanup
Activities, for a term of January 1, 2013
through June 30, 2014. (Request to place on
Consent Agenda for P.H. on 2/25)
Fact Sheet (86K)
Attachment (1983K)
48) 13R-43 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of January 16 -
31, 2013.
Fact Sheet (10K)
Attachment (23K)
49) 13R-20 Amending the 2012/2013 - 2017/2018 Capital
Improvements Program Budget to add a new project
to the Public Works & Utilities/Water to include
the design of two horizontal wells, two well
houses and raw water pipeline and to initially
construct one horizontal well, one wellhouse
and raw water pipeline in Lincoln's Well Field
near Ashland, Nebraska.
Fact Sheet (16K)
50) 13R-44 Directing submittal to the qualified electors of
the City a proposed Charter amendment amending
Article IV, Section 19 of the Charter, relating
to Grounds for Recall, to clarify that the City
Council shall follow procedures as set forth by
ordinance for nominating and electing a person
to fill a City Council vacancy.
Fact Sheet (12K
51) 13R-45 Directing submittal to the qualified electors of
the City a proposed Charter amendment amending
Article VII, Section 5 of the Charter, relating
to Contracts and Purchases, to prohibit the
mayor, council members and city department heads
from entering into or having contracts with the
city, to harmonize procedures for voiding
contracts with state law, and to gender
neutralize existing language.
Fact Sheet (12K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED TWO WEEKS)
52) 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)
53) 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)
54) 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)
55) 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)
56) 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)
57) 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)
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 FEBRUARY ARE THE 11TH AND 25TH.
ADJOURNMENT 5:11 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