
City of Lincoln
City Council Office
City Council Office
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, JUNE 11, 2012 AT 3:00 P.M. ALL MEMBERS PRESENT EXCEPT HORNUNG 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-106 Appointing Don Herz to the StarTran Advisory Board for a term expiring October 20, 2014. (ADOPTED, 6-0; A-86842) Attachment (58K) 2) 12R-113 Appointing Nick Cusick to the Lincoln Airport Authority Board to fulfill an unexpired term, expiring upon the election of May, 2013. (ADOPTED, 6-0; A-86843) Attachment (54K) 3) Report of Settlement Agreement under Neb. Rev. Stat. §84-713 (non-tort claims). (PLACED ON FILE) 4) Resolution approving the distribution of funds representing interest earnings on short-term investments of Idle Funds during the month ended April 30, 2012. (ADOPTED, 6-0; A-86844) 5) Report from City Treasurer of City Cash on hand at the close of business April 30, 2012. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 6) REFERRALS TO THE PLANNING DEPARTMENT: Combined Special/Use Permit No. 10B - Requested by Design Associates of Lincoln, to reduce the minimum required parking on Lot 260 I.T., located in the SE 1/4 of Section 21-10-7, Lancaster County, Nebraska, generally located at N. 66th Street and "O" Street (East Park Plaza). Special Permit No. 12024 - Requested by Firstar Fiber, for authority to operate a scrap processing and salvage yard, on property legally described as Lot 7, Block 1, Meadowlark North Industrial Park, located in the SW 1/4 of Section 33-11-07 Lancaster County, Nebraska, generally located at N. 60th Street and Fletcher Avenue. The Planning Commission action is final action, unless appealed to the City Council. 7) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment No. 12015 - to Special Permit No. 1385, approved by the Planning Director on June 1, 2012, requested by USA Roller Sports, to install a three-sided sign on the southeast part of the property, generally located at S. 48th St. and South St. Administrative Amendment No. 12021 - to Use Permit No. 64, Kensington Plaza, to change Lot 3 from 7,000 square feet to 3,470 square feet; Lot 4 from 11,000 square feet to 5,400 square feet and Lot 5 from 11,000 square feet to 20,130 square feet and to include conceptual drive through lanes, on property generally located at S. 14th St. and Old Cheney Rd. 8) MISCELLANEOUS REFERRALS - NONE - END CONSENT AGENDA - PUBLIC HEARING LIQUOR RESOLUTIONS 9) Application of Tres Jalisquillos Inc. dba La Fiesta Sport Bar, to move their presently licensed Class C liquor license from 1037 L Street, Suite A to 935 O Street. (6/4/11 - Public Hearing & Action delayed to 6/11/12)(ADOPTED FOR APPROVAL, 6-0; A-86845) 10) Application of Famous Brands Group, LLC, dba Tilted Kilt for a Class I liquor license at 6100 O Street, Suite 406. (ADOPTED FOR APPROVAL, 6-0; A-86846) 11) Manager application of Majdy Bader for Famous Brands Group, LLC, dba Tilted Kilt at 6100 O Street, Suite 406. (ADOPTED FOR APPROVAL, 6-0; A-86847) PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 12 THRU 18 HAD 2ND READING) 12) 12-54 Creating Paving District No. 2631 in Gladstone from 35th Street to 36th Street and in 36th Street from Gladstone to Hartley Street and assessing the cost thereof against the benefitted properties. Fact Sheet (12K) Attachment (1990K) 13) 12-55 Creating Sanitary Sewer District No. 1187 for the purpose of constructing an 8-inch diameter sanitary sewer in Almira Lane approximately 925 feet west of the west right-of-way line of 70th Street, and assessing the costs thereof against the benefitted property. Fact Sheet (13K) Attachment (3812K) 14) 12-59 Vacation 12001 - Vacating a portion of 4th Street right-of-way, a portion of R Street right-of-way, a portion of the east/west alley within Blocks 266, 267, 248 and all of the east/west alley within Block 249, Original Plat of Lincoln, retaining title thereto in the City of Lincoln, declaring the vacated right-of-ways surplus and authorizing the conveyance thereof to the West Haymarket Joint Public Agency. Fact Sheet (20K) 15) 12-60 Comp. Plan Conformance No. 12006 - Declaring approximately 4.4 acres of property generally located east of South 21st Street and M Street as surplus. (Related Items: 12-60, 12-61) (Action Date: 6/18/12) Fact Sheet (1081K) 16) 12-61 Change of Zone No. 12011 - Application of the Urban Development Director for a change of zone from B-4 Lincoln Center Business District to P Public Use District and from P Public Use District to B-4 Lincoln Center Business District on property generally located east of South 21st Street, south of N Street. (Related Items: 12-60, 12-61) (Action Date: 6/18/12) Fact Sheet (773K) 17) 12-62 Change of Zone No. 12010 - Amending Section 27.63.685 of the Lincoln Municipal Code relating to Sale of Alcoholic Beverages for Consumption Off the Premises to allow the City Council to waive the 100-foot separation requirement set forth in subsection 27.63.685(c) under specified conditions. Fact Sheet (344K) 18) 12-63 Approving a StarTran Transportation Agreement between the City of Lincoln and the University of Nebraska-Lincoln for the Route #24 - Holdrege inter-campus bus service route for a five year term. Fact Sheet (17K) Attachment (542K) PUBLIC HEARING - RESOLUTIONS 19) 12R-103 Approving the Nebraska Local Public Agency Interlocal Cooperation Act Agreement between the City of Lincoln and Lincoln Public Schools to provide a Responsible Charge Person in support of the federally funded project "Let's All Pedal to Prescott" to create a safe, secure and attractive bicycle court at the main entrance of Prescott Elementary School. (6/4/12 - Public Hearing & Action continued 1 week to 6/11/12) (ADOPTED, 6-0; A-86848) Fact Sheet (143K) Attachment (694K) 20) 12R-112 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of May 16 - 31, 2012. (ADOPTED, 6-0; A-86849) Fact Sheet (14K) Attachment (20K) 21) 12R-104 Approving a Contract Agreement between the City of Lincoln and Tribologik Corporation for providing Oil Analysis, Reporting and Related Supplies for StarTran, pursuant to Quote 3900, for a two year term with the option to renew for one additional two year term. (ADOPTED, 6-0; A-86850) Fact Sheet (134K) Attachment (8995K) 22) 12R-105 Approving a Contract Agreement between the City of Lincoln and Aramark Uniform Services for providing Rental and Cleaning of Floor Mats, Mops and Various Cleaning Towels for StarTran, pursuant to Quote 3902, for a two year term with the option to renew for one additional two year term. (ADOPTED, 6-0; A-86851) Fact Sheet (137K) Attachment (7881K) 23) 12R-107 Approving an Interlocal Agreement between the City of Lincoln and the Nebraska Game and Parks Commission to construct and operate a Shooting Sports Complex within a portion of Helen Boosalis Park at 44th and Superior Street. (ADOPTED, 6-0; A-86852) Fact Sheet (145K) Attachment (519K) 24) 12R-108 Application of Katie Cloran dba Gratitude Cafe & Bakery for a use of public right-of-way for the installation of an ADA accessible ramp on property generally located at 1551 North Cotner Boulevard. (ADOPTED, 6-0; A-86853) Fact Sheet (12K) Attachment (429K) 25) 12R-109 Approving a Project Programming Agreement between the City of Lincoln and the Nebraska Department of Roads to establish various duties and funding responsibilities for a Federal Aid Project for the construction of safety improvements at Superior Street and I-180 East Ramp. (ADOPTED, 6-0; A-86854) Fact Sheet (12K) Attachment (1834K) 26) 12R-111 Approving a Service Agreement between the City of Lincoln on behalf of the Lincoln-Lancaster County Health Department and the University of Nebraska-Lincoln County Extension Nutrition Education Program to provide nutrition education services at the Lincoln Medical Education Partnership at 4600 Valley Road for the Health Department's Women, Infants & Children (WIC) Program for a three year term. (ADOPTED, 6-0; A-86855) Fact Sheet (86K) Attachment (398K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 27) 12-58 Authorizing the issuance, sale and delivery of general obligation refunding bonds of the City of Lincoln, Nebraska to refund outstanding general obligation bonds of the City and related matters. (PASSED, 6-0; #19722) 28) 12-56 Approving the sale of City owned surplus property described as the east four feet of Lot 14 and all of Lot 15, Sheldon and Ernst's Subdivision, commonly known as 2420 Vine Street, to Richard and Heidi Tast for a sum of $20,000.00. (PASSED, 6-0; #19723) Fact Sheet (138K) Attachment (1801K) 29) 12-57 Amending Chapter 10.14 of the Lincoln Municipal Code, Rules of the Road, by amending Section 10.14.290 relating to careless and reckless driving to add language to harmonize the section with state statute language; adding a new section numbered 10.14.295 to harmonize the penalty for violation of Section 10.14.290(b), reckless driving, with state statute; by amending Section 10.14.300 relating to willful negligent, careless, and reckless driving to delete the violations of willful negligent and willful careless driving and to add language to harmonize the section and penalty with state statutes. (PASSED, 6-0; #19724) Fact Sheet (17K) 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 30 THRU 37 HAD 1ST READING) 30) 12-64 Amending Chapter 8.08 of the Lincoln Municipal Code relating to Body Art Establishments to update regulations of health and sanitation to reflect the current state of industry practice and to clarify provisions by amending Section 8.08.030 to require at least one person with a practitioner permit to be present at all times the establishment is open; amending Section 8.08.100 relating to the display or posting of the practitioner permit; amending Section 8.08.200 to clarify sink requirements; amending Section 8.08.230 to allow autoclaved instruments to be used for up to 90 days from the date autoclaved; and amending Section 8.08.310 to change a record keeping requirement Fact Sheet (125K) 31) 12-65 Change of Zone 12008 - Amending Title 27 of the Lincoln Municipal Code ("Zoning Code") generally to reformat and streamline the Zoning Code to reduce the list of over 270 different land uses down to 14 Use Groups, and to eliminate the possibility that a use type is not listed by making the use groups all-encompassing, thereby increasing the emphasis on treating like uses in a similar manner; by adding a new Chapter 27.02 to provide definitions; by adding a new Chapter 27.06 titled "Use Groups" to classify and combine the main uses of buildings and/or premises into 14 Use Groups based upon functional and physical use type characteristics, to designate specific use types within each Use Group as permitted, permitted conditional, and permitted special uses within each zoning district per the Use Group Tables in Chapter 27.06 and to provide that the maximum height and minimum lot requirements within said zoning districts shall be regulated in conformance with the requirements of Chapter 27.72; by adding a new Chapter 27.62 titled "Conditional Uses" to relocate and consolidate all zoning district types which are allowed as permitted conditional uses in designated zoning districts in conformance with the specific conditions of approval for such use types into a single chapter; by adding a new Chapter 27.64 titled Use Permits to combine and consolidate the process for obtaining a use permit in the O-3, R-T, B-2, B-5, and I-3 zoning districts into a single chapter; by amending Chapter 27.69 to authorize certain signs for motorized vehicle fuel sales facilities, residential health care facilities and non-residential health care facilities; and by adding a new Chapter 27.72 titled Height and Lot Requirements, to relocate and consolidate height and lot regulations for all the zoning districts into a single chapter and to incorporate additional height and area regulations from Chapter 27.71 into Chapter 27.72. (Related Items: 12-65; 12R-119) (Action Date: 6/25/12) Fact Sheet (15647K) Attachment (1091K) 32) 12R-119 Misc. No. 12002 - Amending the City of Lincoln Design Standards by amending Sections 7.7 and 7.11 of Chapter 3.50, Design Standards for Screening and Landscaping, to modify the requirements in Section 7.7 regarding the screening of outdoor storage areas of salvage yards and to delete reference to the screening of scrap processing operations and vehicle body repair shops, and to expand the list of areas in Section 7.11 outside a building which must be screened. (Related Items: 12-65; 12R-119) (Action Date: 6/25/12) Fact Sheet (607K) Attachment (11K) 33) 12-66 Change of Zone 12009 - Amending Title 27 of the Lincoln Municipal Code relating to the Zoning Code by amending Sections 27.60.060 and 27.65.060 to grant the Planning Director authority to approve amendments to a planned unit development or community unit plan to allow a height increase not to exceed ten feet over the maximum height limit for a multi-family dwelling; by further amending Section 27.65.060 to grant the Planning Director authority to approve amendments to a community unit plan to allow a percentage of stacked parking stalls on a driveway behind a garage attached to a multi-family dwelling to be used toward satisfaction of required parking; and by amending Section 27.65.090 to delete the requirement that the use of such stacked parking stalls in satisfaction of required parking be approved by the Planning Commission. (Related Items: 12-66; 12R-120) (Action Date: 6/25/12) Fact Sheet (1968K) 34) 12R-120 Misc. No. 12003 - Amending the City of Lincoln Design Standards by amending Section 1.2 of Chapter 3.35, Design Standards for Community Unit Plans, to provide a minimum setback for multi-family dwellings that exceed the zoning district height abutting a single or two family dwelling and to conditionally allow accessory garages and driveways within the setback area, and by amending Section 7.3 of Chapter 3.50, Design Standards for multi-family dwellings and certain accessory garages and driveways when the multi-family dwelling exceeds the zoning district height and abuts an existing or planned single or two family dwelling. (Related Items: 12-66; 12R-120) (Action Date: 6/25/12) Fact Sheet (2033K) Attachment (12K) 35) 12-67 Change of Zone 12012 - Application of Lana Perez for a change of zone from I-1 Industrial District and R-4 Residential District to P Public Use District and from R-4 Residential District to I-1 Industrial District on property generally located at 505 S.W. 1st Street and generally from Salt Creek west of S.W. 1st Street and north of J Street. Fact Sheet (7429K) 36) 12-68 Change of Zone 12014 - Application of Eiger Corporation for a change of zone from B-5 Planned Regional Business District to H-4 General Commercial District on property generally located southeast of the intersection of South 84th Street and Highway 2. Fact Sheet (3806K) 37) 12-69 Authorizing the City of Lincoln, Nebraska to enter into an Equipment Lease Purchase Agreement No. LIN2012-05E with Community First National Bank, Manhattan, Kansas in the amount of $575,412 for the acquisition of plow trucks for the use of the City. RESOLUTIONS - 1ST READING (ITEMS 38 THRU 44 HAD 1ST READING, SEE ITEM 45) 38) 12R-114 Approving a Funding Agreement between the City and the Nebraska Dept. of Roads for the use of Federal Surface Transportation Program Funds for construction engineering costs for Lincoln Citywide Durable Markings Project (State Project No. LCLC-5239(8)). Fact Sheet (12K) Attachment (995K) 39) 12R-115 Approving a Funding Agreement between the City and the Nebraska Dept. of Roads for the use of Federal Surface Transportation Program Funds for construction engineering costs for Lincoln Citywide Continental Pedestrian Crosswalks Project (State Project No. LCLC-5221(3)). Fact Sheet (12K) Attachment (989K) 40) 12R-116 Approving Supplemental Agreement No. 1 between the City and the Nebraska Dept. of Roads to change the funding source from Highway Infrastructure Investment Funds provided by the American Recovery and Reinvestment Act of 2009 to Federal Surface Transportation Program funds for Citywide Continental Pedestrian Crosswalks Project (State Project No. LCLC-5221(3)). Fact Sheet (12K) Attachment (2027K) 41) 12R-117 Amending the Lincoln-Lancaster County Air Pollution Control Regulations and Standards to update regulations regarding particulate matter permitting thresholds and definitions, precursors to ozone, National Ambient Air Quality Standards, and how fees are charged for dry cleaning facilities. Fact Sheet (456K) Attachment (416K) 42) 12R-118 Comp. Plan Amendment No. 12001 - Application of the Urban Development Director to amend the 2040 Lincoln-Lancaster County Comprehensive Plan to adopt the proposed "Downtown Master Plan Update" as a subarea plan of the Comprehensive Plan generally located from 6th Street on the west to 19th Street on the east and from H Street on the south to R Street on the north to include changes that have occurred since the adoption of the Downtown Master Plan in 2005. Fact Sheet (21920K) 43) 12R-121 Special Permit No. 12019 - Application of Kinder Porter Scott Family Foundation to preserve a landmark (the Lewis-Syford House) by permitting the utilization of the property for office and educational uses, with requested waivers of rear yard setback and parking requirements, on property generally located at 700 North 16th Street. (Related Items: 12R-121, 12R-123) Fact Sheet (3179K) 44) 12R-123 Approving an amendment to the Deed of Historic Preservation Right (Easement) regarding preservation of the Lewis Syford house located at 700 North 16th Street and the premises it is located on to allow the erection of new structures upon receipt of the City of Lincoln's express written permission and to clarify the process for obtaining such permission. (Related Items: 12R-121, 12R-123) Fact Sheet (914K) Attachment (5807K) 45) 12R-122 Amending Resolution No. A-83925 to delete the required sidewalk along South 70th Street from Old Cheney Road to Nebraska Highway 2. (MOTION TO OBJECT TO CONSIDERATION CARRIED, 1-5; CAMP ASSENTING; CARROLL, COOK, EMERY, ESKRIDGE, SCHIMEK DISSENTING; HORNUNG ABSENT; ITEM WITHDRAWN, #38-4616) Fact Sheet (13K) PENDING LIST - DATE CERTAIN NONE PENDING LIST (See Item #53, 11R-62)(EXTENDED ONE WEEK) 46) 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) 47) 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) 48) 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) 49) 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) 50) 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) 51) 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) 52) 10-101 Adopting an amended and restated version of the City of Lincoln Employees' Retirement Plan and Trust to provide that the employer contribution for employees hired in positions and pay ranges prefixed by the letter "N" on or after September 1, 2010 will be an amount equal to 9% of an employee's compensation; and to further provide that the mandatory employee contribution for employees hired in positions and pay ranges prefixed by the letter "N" on or after September 1, 2010 will be in an amount equal to 7% of an employee's compensation. (8/23/10 - Reconsidered Ordinance No. 19430 - Placed on Pending Indefinitely) Fact Sheet (104K) 53) 11R-62 Comp. Plan Conformance 11001 - Approving an amendment to the Lincoln Star Building Redevelopment Project, in the Lincoln Center Redevelopment Plan, to extend the project area to include the M Street right-of-way from South 7th Street to South 17th Street to allow for streetscape design and improvements. (3/21/11 - Action Delayed 1 wk. to 3/28/11) (3/28/11 - Placed on Indefinite Pending)(Request from Urban Development to Withdraw) Fact Sheet (1022K) Attachment (1001K) 54) 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) 55) 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) Attachment (150K) 56) 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) Fact Sheet (1353K) 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 JUNE ARE THE 11TH AND 25TH. ADJOURNMENT 4:40 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