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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, JULY 23, 2012 AT 3:00 P.M. ALL MEMBERS PRESENT 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 July 9, 2012. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 2) Setting the hearing date of Monday, August 13, 2012 at 3:00 p.m. for the application of Zipline Brewing Co. dba Zipline Brewing Co. for a Class L liquor license located at 2100 Magnum Circle, Suite 1. (ADOPTED, 7-0; A-86916) 3) Setting the hearing date of Monday, August 13, 2012 at 3:00 p.m. for the application of STL of Nebraska Inc. dba Target Store T-0879 for a Class DK liquor license located at 5330 South 56th Street. (ADOPTED, 7-0; A-86917) 4) Informal Petition to create a paving district on West Nance Avenue between NW 8th and NW 9th Streets submitted by Heather Nunn. (REFERRED TO PUBLIC WORKS DEPT. ON JULY 11, 2012) 5) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Waiver No. 12011 approved by the Planning Director on July 10, 2012, requested by Orange Development, Inc., for a waiver to allow the parking plan which includes 13 stalls that do not conform to all applicable design standards. This waiver is only effective for one year from the date of approval, after which time, all parking on this site must conform to the design standards. This waiver is a temporary measure during the construction of the new store on site. The property is generally located at S. 48th St. and Van Dorn St. Waiver No. 11015 to Final Plat No. 04071, Stone Bridge Creek 8th Addition, approved by the Planning Director on July 16, 2012, requested by Engineering Design Consultants, for a waiver to extend the time for two years to install landscape screen, ornamental lighting, sidewalks, pedestrian way sidewalks, street name signs and street paving, as agreed upon in the Settlement Agreement approved May 21, 2012. The improvements shall be completed by July 16, 2014. Property is generally located at S. 14th St. and Humphrey Ave. Waiver No. 12002 to Final Plat No. 04037, Stone Bridge Creek 5th Addition, approved by the Planning Director on July 16, 2012, requested by Engineering Design Consultants, for a waiver to install sidewalks, as agreed upon in the Settlement Agreement approved May 21, 2012. The improvements shall be completed by July 16, 2014. Property is generally located at Redstone Rd. and Humphrey Ave. Administrative Amendment No. 12031 to Use Permit No. 53, Russwood, approved by the Planning Director on July 16, 2012, requested by Inmotion Auto Care, Inc., to change the floor area for Lot 2 from 8,200 square feet to 9,500 square feet and to change the unassigned square feet from 7,300 to 6,000, on property generally located at Russwood Pkwy. and O St. 6) REFERRALS TO THE PLANNING DEPARTMENT: Change of Zone No. 12018 - Requested by Olsson Associates, Holdrege/Idylwild Redevelopment Planned Unit Development, for a change of zone from B-1 Local Business, R-6 Residential District and R-5 Residential District to B-1 Local Business District PUD, on property legally described Lots 1-5, Lots 13-16, and a portion of the east-west alley, Block 1, Idylwild Place; Lot 3, Idylwild Place 1st Addition; Lots 1-4, Paine's Subdivision and a portion of N. 35th Street right-of-way; from R-2 Residential District to R-2 Residential District PUD, legally described as Lots 5 and 6, Block 1, Woods Bros. University Addition; and from R-6 Residential District to R-6 Residential District PUD, legally described as Lots 1-4, Block 1, Woods Bros. University Place Addition, Lot 48, University Park and a portion of Lot 46, University Park; all located in the NE 1/4 of Section 19-10-7, Lancaster County, Nebraska, generally located at N. 35th Street and Holdrege Street; for a Planned Unit Development designation of said property; and for approval of a development plan which proposes modifications to the Zoning Ordinance and Land Subdivision Ordinance to allow approximately 66,000 square feet of commercial floor area and approximately 40 residential dwelling units. Change of Zone No. 12022 - Requested by the Director of Planning, amending Section 27.07.030 of the Lincoln Municipal Code to allow any use approved by the Lancaster County Board of Commissioners by the granting of an amusement license for such use as a permitted conditional use in the AG Agriculture District, provided said conditional use is limited to one event per calendar year; and repealing Section 27.07.030 of the Lincoln Municipal Code as hitherto existing. Special Permit No. 12028 - Requested by Olsson Associates, 112TH Street Homeowners Association Community Unit Plan, for up to six dwelling units on approximately 49.5 acres of land, with waivers to storm water detention, block length, lot frontage, maximum allowed density, setbacks, and minimum lot area, on property legally described as Lots 19, 23, 28, 35, 39, 41, and 49 I.T., all in the SE 1/4 of Section 25-10-7, Lancaster County, Nebraska, generally located one-half mile south of O Street on the west side of South 112th Street. 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 Richmond Rollins LLC dba Barry's The Husker Bar for a Class CK liquor license at 235 North 9th Street. (ADOPTED FOR APPROVAL, 7-0; A-86918) 9) Manager application of Lou Mary Webb for Richmond Rollins LLC dba Barry's The Husker Bar at 235 North 9th Street. (ADOPTED FOR APPROVAL, 7-0; A-86919) 10) Application of Khanh Dinh dba Li Li Caf‚ for a Class A liquor license at 3111 O Street, Suite D. (ADOPTED FOR APPROVAL, 7-0; A-86920) 11) Application of Kurt and Kristine Kontor dba The Underground for a Class C liquor license at 3233 1/2 South 13th Street. (ADOPTED FOR APPROVAL, 4-3; CAMP, EMERY, ESKRIDGE, HORNUNG ASSENTING; CARROLL, COOK, SCHIMEK DISSENTING; A-86921) 12) Application of Sam's West, Inc. dba Sam's Club #4873 for a Class D liquor license at 8480 Andermatt Drive. (ADOPTED FOR DENIAL, 5-2; CAMP, COOK, EMERY, ESKRIDGE, SCHIMEK ASSENTING; CARROLL, HORNUNG DISSENTING; A-86922) 13) Manager application of Jonathan W. Rowe for Sam's West dba Sam's Club #4873 at 8480 Andermatt Drive. (ADOPTED FOR APPROVAL, 7-0; A-86923) PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEM 14 HAD 2ND READING) 14) 12-83 Vacation No. 12003 - Vacating the north-south alley located one-half block west of South 52nd Street between Prescott Avenue and Cooper Avenue. Fact Sheet (1408K) PUBLIC HEARING - RESOLUTIONS 15) 12R-162 Approving an Advertising Agreement between the City of Lincoln and Pinnacle Bank for advertising on electronic signs at Pershing Municipal Auditorium for a two year term. (ADOPTED, 7-0; A-86924) Fact Sheet (90K) Attachment (460K) 16) 12R-163 Amending the Antelope Village Redevelopment Agreement to reflect current conditions and identify 2011 as the base year. (MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0; A-86925) Fact Sheet (150K) Attachment (307K) 17) 12R-164 Misc. No. 12006 - Declaring the Holdrege/Idylwild Redevelopment Area as blighted and substandard in an estimated 7 acres generally between North 34th and North 37th Street, from Holdrege Street south to Apple Street. (ADOPTED, 7-0; A-86926) Fact Sheet (1006K) Attachment (6543K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 18) 12-78 Amending the pay schedule for a certain employee group by adjusting the hourly pay range schedule and schedules of annual, monthly, biweekly and hourly pay range equivalents for employees of the City of Lincoln whose classifications are assigned to pay ranges prefixed by the letter "X" to be effective August 11, 2011. (PASSED, 7-0; #19743) Fact Sheet (99K) Attachment (266K) 19) 12-79 Vacation No. 12001 - Amending Ordinance No. 19729, passed by the City Council on June 18, 2012, to include the metes and bounds legal description of the vacated right-of-ways which was inadvertently not attached to the ordinance. (PASSED, 7-0; #19744) Fact Sheet (13K) Attachment (287K) 20) 12-80 Approving a Sublease Agreement between the City of Lincoln and Experience Works at 1010 N Street, for job training and employment services under the Workforce Investment Act, for a term of July 1, 2012 through June 30, 2013. (PASSED, 7-0; #19745) Fact Sheet (90K) Attachment (1840K) 21) 12-81 Approving a Real Estates Sales Agreement between the City of Lincoln and the Housing Authority of the City of Lincoln for the sale of blighted and substandard property generally located at 2948 Starr Street for the Northeast High School Build Program. (PASSED, 7-0; #19746) Fact Sheet (114K) Attachment (1328K) 22) 12-82 Change of Zone No. 12003 - Amending Ordinance No. 19713, passed by the City Council on May 21, 2012, to correct the legal description provided for Change of Zone No. 12003 from I- 1 Industrial District to P Public Use District on property generally located in West Haymarket from North 1st Street to North 7th Street and M Street to Y Street. (PASSED, 7-0; #19747) Fact Sheet (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) (ITEMS 23 THRU 27 HAD 1ST READING) 23) 12-84 Amending Sections 9.20.050 and 10.14.460 of the Lincoln Municipal Code relating to Disturbing the Peace and Unnecessary Noise from Motor Vehicles, respectively, to transfer the regulation of sources of music in public streets, alleys, or other public places from Section 9.20.050, Disturbing the Peace, to Section 10.14.460, Unnecessary Noise From Motor Vehicles, to amend the penalty for violation of Section 9.20.050 to correspond to state statute and to specify the penalty for violation of Section 9.20.050 in that section; and amending Section 9.20.100 of the Lincoln Municipal Code relating to minimum penalties to delete a repetitious reference to the minimum fine for disturbing the peace. Fact Sheet (101K) 24) 12-85 Amending Chapter 9.16 of the Lincoln Municipal Code relating to Offenses Against Public Decency by amending Section 9.16.030 defining toxic compounds; amending Section 9.16.035 defining paraphernalia; amending Section 9.16.110 relating to the unlawful use of toxic compounds to clarify that a toxic compound could be introduced into the human system by other means than currently set forth in the sections; and amending Section 9.16.140 to make the penalty comparable with state statute. Fact Sheet (100K) 25) 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) (7/16/12 - Removed from Pending to Have P.H. on 7/30/12 w/Action on 8/6/12) (Related Items: 12R-95, 12-48, 12-87) (Action Date: 8/6/12) Attachment (150K) Motion To Amend (231K) 26) 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) (7/16/12 - Removed from Pending to Have P.H. on 7/30/12 w/Action on 8/6/12) (Related Items: 12R-95, 12-48, 12-87) (Action Date: 8/6/12) Fact Sheet (1353K) 27) 12-87 Change of Zone 12019 Application of Sharon Y. Schwartz and Jeffrey T. Colson to reduce the Building Line District from a 125 foot setback to a 108 foot setback on property generally located at First Street and Highway 2 in Cheney. (Related Items: 12R-95, 12- 48, 12-87) (Action Date: 8/6/12) Fact Sheet (1701K) RESOLUTIONS - 1ST READING (ITEMS 28 THRU 32 HAD 1ST READING) 28) 12R-165 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of July 1 - 15, 2012. Fact Sheet (14K) Attachment (23K) 29) 12R-168 Special Permit 11015A Application of Kelly Langer to amend the special permit for Historic Preservation of the former St. James Evangelical Lutheran Church to adjust the lot width and area requirements to permit two-family use, on property generally located at 3935 Randolph Street. Fact Sheet (2401K) 30) 12R-169 Approving an amendment to the Holdrege Street and Idylwild Drive Development and Conditional Zoning Agreement to modify the property restrictions regarding the setback on the east side of Lot 48, generally located at Holdrege Street and Idylwild Drive. Fact Sheet (13K) Attachment (224K) 31) 12R-166 Approving an Amendment to Bid No. 10-164 for the Annual Requirements of Invensys Meter Parts for LWS AMR Program Agreement between the City of Lincoln and HD Supply Waterworks to extend the term for one additional two-year term from August 1, 2012 through July 31, 2014. Fact Sheet (122K) Attachment (198K) 32) 12R-167 Approving an Amendment to Bid No. 10-158 for the Annual Requirements of M & H Fire Hydrant Parts Agreement between the City of Lincoln and HD Supply Waterworks to extend the term for one additional two-year term from August 1, 2012 through July 31, 2014. Fact Sheet (117K) Attachment (203K) PENDING LIST - DATE CERTAIN 33) 12R-150 Special Permit No. 12016 - Appeals from the Planning Commission's conditional approva of th application of Radix, Inc. for authority to operate a recreational facility in the AG Agricultural District, on property generally located at SW 29th Street and W Wittstruck Road.(7/17/12 - Joint P.H.; to have Action only on 7/30/12) PENDING LIST (EXTENDED ONE WEEK) 34) 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) 35) 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) 36) 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) 37) 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) 38) 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) 39) 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) 40) 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) 41) 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 JULY ARE THE 9TH AND 30TH. ADJOURNMENT 4:10 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