City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 29, 2013 AT 5:30 P.M.
ALL MEMBERS PRESENT
IMMEDIATELY PRECEDING REGULAR COUNCIL MEETING
BOARD OF EQUALIZATION ON ASSESSMENTS FOR GROUP I
SEWER DISTRICT #1184, (APPROVED, 7-0); WATER DISTRICT #1198, (APPROVED, 7-0);
WATER DISTRICT #1199, (APPROVED, 7-0); WATER DISTRICT # 1200, (APPROVED, 7-0);
SEWER DISTRICT #1186, (APPROVED, 7-0); WATER DISTRICT #1202, (APPROVED, 7-0);
PAVING DISTRICT #2630, (APPROVED, 7-0);
WATER DISTRICT #1203, (APPROVED, 6-1; CHRISTENSEN DISSENTING).
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) 13R-161 Approving Amendment No. 2 to the Home Visiting Services
Contract between the City of Lincoln, on behalf of the
Lincoln-Lancaster County Health Department, and the
Nebraska Department of Health and Human Services,
Division of Public Health Lifespan Health Services Unit
for Nebraska Maternal Infant Early Childhood Home
Visiting, to extend the term by an additional four
month period and to increase the funding of the Program
for the extended term. (ADOPTED, 7-0; A-87453)
Fact Sheet (37K)
Attachment (143K)
2) Report from the City Treasurer of City Cash on hand at
the close of business June 30, 2013. (PLACED ON FILE)
3) Clerk's Letter and Mayor's Approval of Resolutions and
Ordinances passed by the City Council on July 15, 2013.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) Setting the hearing date of Monday, August 12, 2013 at
3:00 p.m. for the application of Breezy Island, LLC dba
Breezy Island for a Class I liquor license located at
350 Canopy Street, Suite 120. (ADOPTED, 7-0; A-87454)
5) Setting the hearing date of Monday, August 12, 2013 at
3:00 p.m. for the application of Breezy Island, LLC dba
Breezy Island for a Class E liquor license located at
350 Canopy Street, Suite 120. (ADOPTED, 7-0; A-87455)
6) Setting the hearing date of Monday, August 12, 2013 at
3:00 p.m. for the application of Food and Beverage, LLC
dba Pinnacle Bank Arena for a Class C liquor license
located at 400 Pinnacle Arena Drive. (ADOPTED, 7-0;
A-87456)
7) Setting the hearing date of Monday, August 12, 2013 at
3:00 p.m. for the application of Adept Development, LLC
dba Aces Haus of Cuisine for a Class I liquor license
located at 200 North 70th Street. (ADOPTED, 7-0;
A-87457)
8) REFERRALS TO THE PLANNING DEPARTMENT:
Pre-existing Use Permit No. 9U - Requested by
BCLINC, LLC., for authority to adjust the parking
requirements, on property legally described as Lot 1
and Outlots A and B, Edgewood Center; Lots 1 and 2,
Edgewood Center 2nd Addition; Lot 2 and Outlot A,
Edgewood Center 4th Addition; Lots 1 and 2, Edgewood
Center 5th Addition; Lots 1 and 2, Edgewood Center 6th
Addition; and, Lots 120 and 121 I.T., all located in
the SW 1/4 of Section 9-9-7, Lancaster County,
Nebraska, generally located at South 56th Street and
Highway.
Special Permit No. 1787A - Requested by The
Becher Trust, for an amendment to expand the area of
the special permit for a personal wireless facility, on
property generally located at Sun Valley Boulevard and
Line Drive (603 Sun Valley Boulevard)
Special Permit No. 09022A - Requested by BVH
Architects, for an amendment to allow a gas
station/convenience store, on property generally
located at S. 33rd Street and Yankee Hill Road (3201
Yankee Hill Road).
Special Permit No. 13035 - Requested by Tiffany
Heier, for expansion of a nonconforming use, to reduce
the side yard setback to construct a garage on property
generally located at Cedar Avenue and High Street (3141
Cedar Avenue).
Special Permit No. 13037 - requested by Casey's
Retail Company, for the expansion of a nonconforming
use to allow a building expansion for a building that
is nonconforming relative to setbacks and the required
separation for the sale of alcohol for consumption off
the premises, on property generally located at S. 13th
Street and E Street (1003 S. 13th Street).
9) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 13049 to Change of
Zone No. 13004, The Railyard Special Sign District,
approved by the Director on July 16, 2013, requested by
TDP Phase One, LLC, to clarify the language to allow
translucent covers with internal light sources to be
used with dimensional channel letters, and to allow a 4
foot by 4 foot logo to accompany the channel letters,
on property generally located at N. 7th St. and Q St.
Administrative Amendment No. 13041 to Special
Permit No. 1813A, The Preserve on Antelope Creek
Community Unit Plan, approved by the Planning Director
on July 17, 2013, requested by Stephen and Debra
Hennings, to adjust the rear setback for Lot 6, Block 2
(4625 Firebrush Lane) from 25 feet to 21 feet, on
property generally located near S. 80th St. and
Pioneers Blvd.
Administrative Amendment No. 13050 to Pre-
Existing Use Permit No. 13D, Briarhurst Center,
approved by the Planning Director on July 19, 2013,
requested by Jeff Luthy, to reduce the front yard
setback from 50 feet to 20 feet and to revise the
parking layout, on property generally located at S.
48th St. and Briarpark Dr.
10) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS - NONE
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
(as required) (ITEMS 11 & 12 HAD 2ND READING)
11) 13-85 Street Name Change 13006 - Renaming a portion of
Hilltop Road as "North Hill Road" located between
North Hill Road and Folkways Boulevard, generally
located at North 27th Street and Folkways
Boulevard.
Fact Sheet (181K)
12) 13-86 Change of Zone 13013 - Application of Armstrong
Properties for a change of zone from H-2 Highway
Business District to B-3 Commercial District, on
property generally located at 366 North 48th
Street.
Fact Sheet (2013K)
PUBLIC HEARING - RESOLUTIONS
13) 13R-162 Approving the Nebraska Public Health Laboratory
Agreement for Laboratory Services between the City of
Lincoln, on behalf of the Lincoln-Lancaster County
Health Department, and the Board of Regents of the
University of Nebraska, on behalf of the University of
Nebraska Medical Center College of Medicine, d/b/a
Nebraska Public Health Laboratory for laboratory
testing services for a term of July 1, 2013 through
June 30, 2015. (ADOPTED, 7-0; A-87458)
Fact Sheet (54K)
Attachment (1029K)
14) 13R-163 Identifying and declaring an area within the West
Haymarket/Downtown Area as the West Haymarket/Downtown
Business Area; approving the Mayor's appointment of
members to the West Haymarket/Downtown Business
Improvement Board; and directing the Board to make
recommendations to the City Council for the
establishment of a plan for improvements in the West
Haymarket/Downtown Business Area. (ADOPTED, 6-0;
CAMP ABSTAINED; A-87459)
Attachment (1021K)
15) 13R-164 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, 2013. (ADOPTED, 7-0;
A-87460)
Fact Sheet (7K)
Attachment (20K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
16) 13-79 Annexation 13002 - Amending the Lincoln Corporate
Limits Map by annexing approximately 24 acres
generally located northeast of South 27th Street
and Rokeby Road. (Related Items: 13-79, 13-80)
(PASSED, 7-0; #19896)
Fact Sheet (1026K)
Attachment (24K)
17) 13-80 Change of Zone 13011 - Application of Lincoln
Federal Bancorp, Inc. for a change of zone from AG
Agriculture District to R-3 Residential District
on property generally located northeast of South
27th Street and Rokeby Road. (Related Items:
13-79, 13-80) (PASSED, 7-0; #19897)
Fact Sheet (1449K)
Attachment (144K)
18) 13-81 Text Amendment 13007 - Amending Title 27 of the
Lincoln Municipal Code to define and regulate the
use of outlots by amending Section 27.02.160 to
add the definition of "outlot"; amending Section
27.69.030 to provide signs may be erected and
maintained on an outlot; and adding a new Section
27.70.070 to establish permitted uses for an
outlot. (Related Items: 13-81, 13-82)
(PASSED, 7-0; #19898)
Fact Sheet (69K)
19) 13-82 Text Amendment 13009 - Amending Chapter 26.07 of
the Lincoln Municipal Code (Land Subdivision
Definitions) by amending Section 26.07.135 to
revise the definition of "Outlot". (Related
Items: 13-81, 13-82) (PASSED, 7-0; #19899)
Fact Sheet (64K)
20) 13R-158 Approving Amendment No. 1 to the Wilderness Heights
Conditional Annexation and Zoning Agreement between the
City and Lincoln Federal Bancorp, relating to the
annexation of approximately 153 acres of property
generally located on the east side of South 40th Street
and south of Yankee Hill Road to define the Phase I
Commercial Area of Wilderness Heights, and to clarify
the requirements for the timing and construction of
site related improvements to Yankee Hill Road, South
40th Street and Hohensee, and Arterial Street
Improvements to South 40th Street to accommodate
development in the Phase I and Phase II Commercial
Areas. (Related Items: 13R-158, 13-83) (Action Date:
07/29/13) (ADOPTED, 7-0; A-87461)
Attachment (279K)
21) 13-83 Change of Zone 07060A Application of West Dodge
Place to amend the Wilderness Heights Planned Unit
Development to allow motorized vehicle sales and
service, and to rezone a portion of the PUD from
B-2 Planned Neighborhood Business District PUD to
R-3 Residential, on property generally located at
the southeast corner of South 40th Street and
Yankee Hill Road. (Related Items: 13R-158, 13-83)
(PASSED, 7-0; #19900)
Fact Sheet (4108K)
22) 13-84 Authorizing the execution and delivery of an
Amended and Restated Facilities Agreement between
the City of Lincoln, Nebraska and the West
Haymarket Joint Public Agency and related matters.
(PASSED, 7-0; #19901)
Attachment (1500K)
RESOLUTION - FOR ACTION ONLY
23) 13R-156 Special Permit 13022 - Appeal of Scott A. Tool from the
Planning Commission's conditional approval to develop
Joshua's Glen Community Unit Plan for 90 lots with a
maximum allowed density of 156 dwelling units, together
with a request to waive/modify the Land Subdivision and
Zoning Code requirements to (1) adjust the minimum
average lot width; (2) adjust minimum lot area; and (3)
adjust the front and rear setbacks, on property
generally located at South 56th Street and Shadow Pines
Drive. (7/22/13 - ACTION DELAYED 1 WEEK TO 7/29/13)
(MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0; A-87462)
Fact Sheet (6451K)
RESOLUTION FOR RECONSIDERATION
24) Resolution A-87439 Approving the Application of Yard
Investments dba Gate 25 for a Class C liquor license at
300 Canopy Street, Suite 140. (MOTION TO RECONSIDER,
APPROVED, 7-0; MOTION TO REMOVE RESTRICTION, ADOPTED, 7-0;
ADOPTED AS AMENDED, 7-0; A-87439)
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 25 THRU
32 HAD 1ST READING)
25) 13-87 Amending the pay schedules for certain employee
groups by adjusting the schedules of annual,
monthly , biweekly and hourly pay range
equivalents for employees whose classifications
are assigned to the pay ranges prefixed by the
letter "A," to be effective August 15, 2013.
Fact Sheet (24K)
Attachment (490K)
26) 13-88 Amending the pay schedules for certain employee
groups by adjusting the schedules of annual,
monthly , biweekly and hourly pay range
equivalents for employees whose classifications
are assigned to the pay ranges prefixed by the
letter "C," to be effective August 15, 2013.
Fact Sheet (26K)
Attachment (485K)
27) 13-89 Amending the pay schedules for certain employee
groups by adjusting the schedules of annual,
monthly , biweekly and hourly pay range
equivalents for employees whose classifications
are assigned to the pay ranges prefixed by the
letter "E," to be effective August 15, 2013.
Fact Sheet (25K)
Attachment (465K)
28) 13-90 Amending the pay schedules for certain employee
groups by adjusting the schedules of annual,
monthly , biweekly and hourly pay range
equivalents for employees whose classifications
are assigned to the pay ranges prefixed by the
letter "F," to be effective August 15, 2013.
Fact Sheet (25K)
Attachment (445K)
29) 13-91 Amending the pay schedules for certain employee
groups by adjusting the schedules of annual,
monthly , biweekly and hourly pay range
equivalents for employees whose classifications
are assigned to the pay ranges prefixed by the
letter "M," to be effective August 15, 2013.
Fact Sheet (25K)
Attachment (465K)
30) 13-92 Amending the pay schedules for certain employee
groups by adjusting the schedules of annual,
monthly , biweekly and hourly pay range
equivalents for employees whose classifications
are assigned to the pay ranges prefixed by the
letter "N," to be effective August 15, 2013.
Fact Sheet (25K)
Attachment (504K)
31) 13-93 Amending the pay schedules for certain employee
groups by adjusting the schedules of annual,
monthly , biweekly and hourly pay range
equivalents for employees whose classifications
are assigned to the pay ranges prefixed by the
letter "P," to be effective August 15, 2013.
Fact Sheet (25K)
Attachment (444K)
32) 13-94 Amending the pay schedules for certain employee
groups by adjusting the schedules of annual,
monthly , biweekly and hourly pay range
equivalents for employees whose classifications
are assigned to the pay ranges prefixed by the
letter "X," to be effective August 15, 2013.
Fact Sheet (25K)
Attachment (495K)
RESOLUTIONS - 1ST READING (ITEMS 33 THRU 37 HAD 1ST READING)
33) 13R-165 Approving JSD, LLC dba Huskerville Pizza & Pub as a
Keno satellite site at 2805 N.W. 48th Street.
Fact Sheet (82K)
34) 13R-166 Approving Sweep Left as a Keno satellite site at 815 O
Street.
Fact Sheet (82K)
35) 13R-167 Reappointing Jeff Hlavac and Don Schroeder to the
Electrical Advisory, Appeals and Examining Board for a
term expiring August 15, 2016.
36) 13R-168 Approving a Funding Agreement between the City and the
Nebraska Dept. of Roads for the use of Federal Highway
Safety Funds improvements at the intersection of U.S.
Highway 6 (West O Street) and West 40th Street (Project
No. HSIP-6-6(161), CN 13093).
Fact Sheet (11K)
Attachment (436K)
37) 13R-169 Hearing on One and Six Year Streets and Highways
Program as required by State statute.
Fact Sheet (11K)
Attachment (72K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
38) 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
39) 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)
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)
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 SESSION FOR
THE MONTH OF JULY WILL BE HELD ON JULY 15TH AND JULY 29TH
ADJOURNMENT 7:14 P.M.
UPCOMING HEARINGS
Hearing date of Monday, August 5th, 2013 at 3:00 p.m. for the follow
Liquor License Applications:
Y.A.M.S. dba Joysticks Arcade Bar for a Class C with Catering
liquor license located at 350 Canopy Street, Suite 230.
Y.A.M.S. dba Joysticks Arcade Bar for a Class E liquor license
located at 350 Canopy Street,Suite 230.
Astra Vega, LLC dba Vega for a Class C liquor license located at
300 Canopy Street, Suite 220.
Astra Vega, LLC dba Vega for a Class E Entertainment District
liquor license located at 300 Canopy Street, Suite 220.
BW & R Canopy, LLC dba Buffalo Wings & Rings for a Class E
Entertainment District liquor license located at 350 Canopy
Street, Suite 200.
Peace a Pie, LLC dba Mellow Mushroom for a Class E liquor license
located at 601 R Street, Suite 110.
BSR Inc. dba The Office for a Class C with Catering liquor
license located at 640 W. Prospector Ct.
***
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