City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 7, 2012 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT EMERY
THERE WILL BE NO MEETING THE WEEK OF MAY 28 DUE TO HOLIDAY
OPEN MICROPHONE SESSION WILL BE MAY 14 AT 3:00 P.M. MEETING
PRESENTATION BY POLICE CHIEF JIM PESCHONG
BYRNE JUSTICE ASSISTANCE GRANT
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-80 Approving the appointment of Marcia White to the
Lincoln-Lancaster County Board of Health for a
term expiring April 15, 2015. (4/30/12- con't
P.H. w/Action to 5/7/12) (ADOPTED, 6-0; A-86802)
Attachment (111K)
2) 12R-84 Reappointing Mike McNiff, Doug Biggerstaff, Matt
Morrissey, Mike Berry, and Roger Kreifels to the
Gas Piping Exam Board for a term expiring April 1,
2015. (ADOPTED, 6-0; A-86803)
3) 12R-85 Reappointing Dan Kubr to the Building Code Board
of Appeals for a term expiring April 1, 2015.
(ADOPTED, 6-0; A-86804)
4) 12R-86 Reappointing Dennis Biggerstaff to the Heating,
Ventilating, and Cooling Board of Examiners for a
term expiring April 4, 2015.
(ADOPTED, 6-0; A-86805)
5) Resolution levying the special taxes assessed
for the costs of the improvements in the
University Place Maintenance Business
Improvement District. (ADOPTED, 6-0; A-86806)
6) Resolution levying the special taxes assessed for
the costs of the improvements in the North 27th
Street Maintenance Business Improvement District.
(ADOPTED, 6-0; A-86807)
7) Resolution approving the distribution of
funds representing interest earnings on
short-term investments of Idle Funds during
the month ended March 31, 2012.
(ADOPTED, 6-0; A-86808)
8) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on April 23, 2012. (Placed on file)
PETITIONS & COMMUNICATIONS
9) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 12008 to Change
of Zone No. 11024, North Hills Planned Unit
Development, approved by the Planning Director on
April 24, 2012, requested by Southview, Inc., to
show a specific site plan for the apartment
complex, add Notes 16 and 17 to adjust the front
yard setback to 20 feet, on property generally
located at N. 14th St. and Fletcher Ave.
Administrative Amendment No. 12014 to Special
Permit No. 1992A, Edenton Woods Community Unit
Plan, approved by the Planning Director on April
30, 2012, requested by Edenton Woods, LLC., to
adjust the rear setback for Lots 17-19, Block 3,
to 20 feet and to show Lots 13-16, Block 3, for
attached single-family dwellings, and to update
the notes accordingly, on property generally
located near Ashbrook Dr. and Highway 2.
10) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEM 11 HAD 2ND READING)
11) 12-45 Amending Title 11 of the Lincoln Municipal
Code, Equal Opportunity, and Chapter 2.76 of
the Lincoln Municipal Code, the City's
Personnel Rules and Regulations, to prohibit
discrimination on the basis of sexual
orientation or gender identity.
Fact Sheet (18K)
Motion To Amend (9K)
PUBLIC HEARING - RESOLUTIONS
NONE
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
NONE
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 12 THRU 16 HAD 1ST READING)
12) 12-43 Change of Zone 12003 Application of the
Planning Director for a change of zone from
I-1 Industrial District to P Public Use
District, from I-1 Industrial District to O-2
Suburban Office District, from I-1 Industrial
District to B-4 Lincoln Center Business
District, from I-1 Industrial District to I-2
Industrial Park District, from H-3 Highway
Commercial District to P Public Use District,
and from B-4 Lincoln Center Business District
to P Public Use District, on property located
in the West Haymarket generally from North
1st Street to North 7th Street and M Street
to Y Street. (Related Items: 12-43, 12-44,
12R-81) Action Date: 5/21/12)
Fact Sheet (995K)
13) 12-44 Change of Zone 12004 Amending Title 27 of
the Lincoln Municipal Code relating to the
Zoning Code by amending Figure 27.35.070(a)
within Section 27.35.070 to reflect the
revised height limits in the B-4 Lincoln
Center Business District; adding a new
section numbered 27.59.015 titled Scope of
Regulations to clarify that airport zoning
regulations are applicable in all underlying
zoning districts and apply to both public and
private entities; amending Section 27.59.040
relating to airport zoning height
restrictions to replace the metes and bounds
description with a reference to the Airport
Zoning Map; amending Section 27.69.035 and
Table 1, Off Premises Signs, within Section
27.69.040 to prohibit the location of off
premises signs in the Haymarket and Downtown
areas of the B-4 Lincoln Center Business
District west of 9th Street; repealing
Sections 27.35.070, 27.59.040, and 27.69.035
and Table 1 within Section 27.69.040
(Off-Premises Signs) of the Lincoln Municipal
Code as hitherto existing; amending the
Lincoln Airport Zoning Map dated February 25,
2002 to be consistent with Figure
27.35.070(a); and amending the Lincoln
Capitol Environs District Height Regulation
Map to reflect a 57-foot height requirement
west of the Capitol.(Related Items: 12-43,
12-44, 12R-81) Action Date: 5/21/12)
Fact Sheet (1698K)
14) 12R-81 Misc. No. 12001 Amending Chapter 3.76, Lincoln
Downtown Design Standards, of the City of Lincoln
Design Standards by amending Section 4.1, Site
Development, and Section 4.2, Building Features,
to address exterior features of projects requiring
building permits in the Downtown.(Related
Items: 12-43, 12-44, 12R-81) Action Date:
5/21/12)
Fact Sheet (20K)
Attachment (12K)
15) 12-46 Street Name Change 12001 Renaming that
portion of South 83rd Street which extends
south from the intersection of South 83rd
Street and Wendell Way, as South 83rd Bay.
Fact Sheet (211K)
16) 12-47 Amending Chapter 12.08 of the Lincoln
Municipal Code relating to Parks-General
Rules and Regulations and Title 14 of the
Lincoln Municipal Code relating to Public
Property and Public Ways by amending Section
12.08.010 to revise the definition of "park"
and to add a definition for "park facility";
amending Section 12.08.020 to include
wheelchairs and other power-driven mobility
devices as acceptable vehicles to operate in
areas other than a roadway; amending Section
12.08.070 to provide that it shall be
unlawful for any person to occupy or be
present in a park facility during any hours
said park facility is not open to the public
and to provide that the sidewalks on
Centennial Mall shall be open twenty-four
hours a day; amending Section 12.08.170 to
include a prohibition against destruction at
park facilities; amending Section 14.40.050,
Buildings in Street Space, to prohibit the
erection of any temporary or permanent building
or structure,including tents, upon any public
ground without a permit; amending Section
14.54.010, definitions relating to Occupancy
Above or Below Public Property to amend the
definition of "structure";
and amending Section 14.54.020 to clarify that a
permit is required when erecting either a
temporary or a permanent building or structure
underneath, on, or above public ground.
Fact Sheet (137K)
RESOLUTIONS - 1ST READING (ITEMS 17 THRU 25 HAD 1ST READING)
17) 12R-90 Declaring the official intent of the City of
Lincoln, Nebraska to reimburse certain expenses in
connection with the acquisition, purchase and
installation of light poles and a new telephone
system and improvements to the City's municipal
service center from the proceeds of the City of
Lincoln, Nebraska Certificates of Participation.
18) 12R-83 Approving a Contract Agreement between the City of
Lincoln and Fred Ehrlich to provide alfalfa bales
for the City of Lincoln Parks Department for feed
for the Elk and White Tail Deer for a one year
term with the option to renew for three additional
one year terms.
Fact Sheet (150K)
Attachment (1512K)
19) 12R-87 Approving a Contract Agreement between the City of
Lincoln and Novartis Vaccines and Diagnostics,
Inc. for the acquisition of Vaccines as needed for
a term effective upon execution by both parties
through June 30, 2015.
Fact Sheet (149K)
Attachment (5474K)
20) 12R-88 Approving a Contract Agreement between the City of
Lincoln and 3M Company for the supply and delivery
of Reflective Sheeting for a two year term from
February 1, 2012 through January 31, 2014.
Fact Sheet (158K)
Attachment (6469K)
21) 12R-94 Approving a Contract Agreement between the City of
Lincoln and Capital Towing, Inc. for the annual
requirements for City of Lincoln Towing and
Storage Services, pursuant to Bid No. 12-006, for
a four-year term with an option to renew for one
additional four-year term.
Fact Sheet (183K)
Attachment 1 (880K)
Attachment 2 (34197K)
22) 12R-92 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of April 16 - 30,
2012.
Fact Sheet (14K)
Attachment (20K)
23) 12R-82 Amending Resolution No. A-86318 to change the
portion of the Local Government Miscellaneous
Expenditures Policy regarding the Mayor's Award of
Excellence, including changes to the monetary
award from a U.S. Saving Bond to a Gift
Certificate of the same monetary value for the
individual and team winners of the monthly and
annual awards.
Fact Sheet (112K)
24) 12R-93 Approving the dedication of certain City owned
parcels generally in Union Plaza, Trago Park,
Government Square, Jensen Park North Addition, and
Hollingsworth for park purposes.
Fact Sheet (121K)
Attachment (270K)
25) 12R-89 Comp. Plan Conformance No. 12003 Adopting and
approving the proposed amendment to the Lincoln
Center Redevelopment Plan which amends the
Entertainment Center/Old Federal Building
Redevelopment Project to add new areas, add new
projects and to rename as "Entertainment
Center/Old Federal Building/Retail Corridor
Redevelopment Project" to include all rights-of-
way for retail revitalization and
street/streetscape improvements generally located
between North 7th Street and North 17th Street,
from O to Q Streets.
Fact Sheet (1727K)
Attachment (2211K)
PENDING LIST - DATE CERTAIN
26) 12-40 Amending Chapter 5.04 of the Lincoln
Municipal Code related to Alcoholic Liquor to
require a valid Responsible Beverage Server
Permit or Responsible Beverage Management
Certificate for any person selling or serving
alcoholic liquor at retail and to delete the
prohibition of liquor sales between 6:00 a.m.
and noon on Sunday. (4/23/12 - P.H. con't.
w/Action on 5/21/12)
Fact Sheet (14K)
PENDING LIST (EXTENDED ONE WEEK)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
Fact Sheet (1022K)
Attachment (1001K)
35) 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)
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 MAY IS MAY 14TH.
ADJOURNMENT 10:26 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