City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 27, 2012 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
THERE WILL BE NO COUNCIL MEETING THE WEEK OF
SEPTEMBER 3 DUE TO THE HOLIDAY
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 August 13, 2012. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
2) REFERRALS TO THE PLANNING DEPARTMENT:
Change of Zone No. 12026HP - Requested by
NeighborWorks Lincoln from R-6 Residential
District to R-6 Residential District Historic
Landmark on property generally located at the
northwest corner of North 26th Street and
Q Street.
Change of Zone No. 12027 - Requested by
Fox Hollow, LLC from AGR Agricultural
Residential District to R-3 Residential District
on property generally located at South 84th
Street and Amber Hill Road.
Special Permit No. 1884B - Requested by
New Cingular Wireless PCS for an amendment to
extend the height of an extension to an existing
wireless facility on property generally located
at South 17th Street and Washington Street.
Special Permit No. 12010A - Requested by
Russell Remodeling for an amendment to the Cech
Addition Community Unit Plan to allow a rear
porch in the rear yard setback on property
generally located at South 40th Street and
Pioneers Boulevard (4010 Clifford Drive).
Special Permit No. 12030 - Requested by
Neighbor Works Lincoln for Historic
Preservation, for restoration and improvements
to the property for offices, an educational
center and meeting space for neighborhood
support organizations generally located at the
northwest corner of North 26th Street and
Q Street.
3) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 12017 to
Change of Zone No. 05054A, Prairie Village North
Planned Unit Development, approved by the
Planning Director on August 14, 2012 requested
by Starostka-Lewis, LLC to show a final lot
layout for lots along Rawhide Drive and show a
new street (Mustang Drive) between Rawhide Drive
and North 91st Street. Property is generally
located at North 84th Street and Adams Street.
4) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
5) Application of Kurt T. Kontor dba The Underground
for a special designated license for an outdoor
area measuring 65 feet by 80 feet to the south
of the licensed premises at 3233 1/2 South 13th
Street on September 1, 15, 22, 29; October 27;
November 10, 17, 2012 from 9:00 a.m. to 2:00 a.m.
(ADOPTED FOR APPROVAL, 6-0; A-86976)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 6 &
7 HAD 2ND READING)
6) 12-110 Authorizing the issuance, sale and delivery of
parking revenue and refunding bonds of the City
of Lincoln, Nebraska to pay the costs of an
additional parking garage, to refund outstanding
parking revenue bonds of the City and related
matters.
7) 12-109 Amending Title 27 of the Lincoln Municipal Code
to correct unintentional drafting errors and
omissions resulting from the reformatting and
streamlining changes to the Zoning Code as
amended by Ordinance No. 19733, passed by the
City Council on June 25, 2012.
Fact Sheet (31K)
PUBLIC HEARING - RESOLUTIONS
8) 12R-173 Approving a multi-year City of Lincoln
Construction Management System Upgrade between
the City of Lincoln and Aurigo Software
Technologies, Inc. for its Engineering Services
construction contract management software for a
four year term. (ADOPTED, 6-0; A-86977)
Fact Sheet (8K)
Attachment (1545K)
9) 12R-195 Approving Amendment to Bid No. 10-163 Contract
Agreement between the City of Lincoln and
Lincoln Winwater Works Company for the Annual
Requirements of Fabricated Tapping Sleeves for
an additional two year term. (ADOPTED, 6-0; A-86978)
Fact Sheet (123K)
Attachment (293K)
10) 12R-198 Approving Amendment to Bid No. 10-160 Contract
Agreement between the City of Lincoln and
Lincoln Winwater Works Company for the Annual
Requirements of Clow Fire Hydrant Parts for an
additional two year term. (ADOPTED, 6-0; A-86979)
Fact Sheet (125K)
Attachment (1672K)
11) 12R-196 Approving three Unit Price Contracts between the
City of Lincoln, Lancaster County, Public
Building Commission and MWE Services, Inc., NGC
Group, Inc. and David Wood Construction, Inc.
for General Construction Projects less than
$25,000 pursuant to Bid No. 12-143 for four year
terms. (ADOPTED, 6-0; A-86980)
Fact Sheet (119K)
Attachment (5223K)
12) 12R-197 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of August 1 -
15, 2012. (ADOPTED, 6-0; A-86981)
Fact Sheet (14K)
Attachment (23K)
13) 12R-199 A resolution to approve the labor contract
between the City of Lincoln and the Lincoln M
Class Employees Association to be effective
August 16, 2012 through August 31, 2014.
(ADOPTED, 6-0; A-86982)
Fact Sheet (13K)
Attachment (1115K)
Attachment 2 - Redlined Version (120K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
14) 12-86 Comp. Plan Conformance 12008 - Declaring
approximately .16 acres of property
generally located southwest of South 21st
Street and O Street; .03 acres of property
generally located southwest of South
Antelope Valley Parkway and M Street;
and .19 acres of property generally located
southeast of Capitol Parkway and J Street,
as surplus property and authorizing the
sale thereof. (Related Items: 12-86,
12-104, 12-106) (Action Date: 8/27/12)
(PASSED, 6-0; #19767)
Fact Sheet (1213K)
15) 12-104 Vacation 10019 - Vacating Randolph Street
between South 25th Street and Capitol Parkway;
a portion of H Street west of South 25th Street;
a portion of the east-west alley west of South
25th Street; and a portion of Capitol Parkway
south of J Street. (Related Items: 12-86,
12-104, 12-106) (Action Date: 8/27/12)
(PASSED, 6-0; #19768)
Fact Sheet (836K)
16) 12-106 Approving a Real Estate Sales and Exchange
Agreement between the City of Lincoln and
Lincoln Public Schools for the exchange and sale
of property generally located southeasterly of
Capitol Parkway and J Street and the conveyance
of a portion of vacated Capitol Parkway and J
Street to Lincoln Public Schools. (Related
Items: 12-86, 12-104, 12-106) (Action Date:
8/27/12) (PASSED, 6-0; #19769)
Fact Sheet (106K)
Attachment (8297K)
17) 12-107 Approving an Interlocal Agreement between the
City of Lincoln and Lincoln Public Schools for
the funding of a renovation project at Sherman
Field and the use of Sherman Field by LPS.
(PASSED, 6-0; #19770)
Fact Sheet (107K)
Attachment (884K)
18) 12-108 Approving an Interlocal Agreement between the
City of Lincoln and Lincoln Public Schools for
development of a playground, walkways and
related site improvements in Belmont Park
associated with Belmont Elementary School and
the Lincoln EduCare facility.
(PASSED, 6-0; #19771)
Fact Sheet (120K)
Attachment (569K)
19) 12R-190 Comp. Plan Conformance 12009 - Adopting and
approving the "Holdrege/Idylwild Redevelopment
Plan" within an area generally bounded by N.
37th Street on the east and N. 34th Street on
the west, Holdrege Street on the north and Apple
Street on the south for redevelopment activities
consisting of public improvements, a new
fraternity and a mixed use development.
(ADOPTED, 6-0; A-86983)
Fact Sheet (928K)
Attachment (5051K)
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 20
THRU 26 HAD 1ST READING)
20) 12-103 Comp. Plan Conformance 11011 - Declaring
approximately 1.38 acres of property generally
located at South 23rd Street and N Street as
surplus property. (Related: 12-103, 12-102)
(Action Date: 9/17/12)
Fact Sheet (239K)
21) 12-102 Approving an Interlocal Agreement between the
City and Lancaster County School District 001 to
transfer ownership of land at 25th and N Streets
to Lincoln Public Schools and to develop and
manage a shared parking lot on the subject site.
(Related: 12-103, 12-102) (Action Date:
9/17/12)
Fact Sheet (119K)
Attachment (2477K)
22) 12-111 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
"M" to be effective August 16, 2012.
Fact Sheet (161K)
Attachment (245K)
23) 12-112 Vacation 12004 - Vacating North 35th Street
between Holdrege Street and Starr Street, and
the east 200 feet of the east-west alley between
North 34th Street and North 35th Street.
(Related Items: 12-112, 12R-210, 12R-211,
12R-212) (Action Date: 9/17/12)
Fact Sheet (604K)
24) 12R-210 Approving the Holdrege/Idylwild Redevelopment
Agreement between the City, Kappa Foundation and
Kinport Corporation relating to the
redevelopment of property generally located
between North 34th Street and North 37th Street
on Holdrege Street. (Related Items: 12-112,
12R-210, 12R-211, 12R-212) (Action Date:
9/17/12)
Fact Sheet (148K)
Attachment (848K)
25) 12R-211 Amending the FY 12/13 CIP to authorize and
appropriate $1,127,413 in TIF funds for
Holdrege/Idlywild projects. (Related Items:
12-112, 12R-210, 12R-211, 12R-212) (Action Date:
9/17/12)
Fact Sheet (117K)
26) 12R-212 Approving the request of Kinport Corporation for
a Deviation from the Access Management Policy to
allow the removal of the right turn lane in
Holdrege Street at 35th Street. (Related
Items: 12-112, 12R-210, 12R-11, 12R-212) (Action
Date: 9/17/12)
Fact Sheet (17K)
Attachment (531K)
RESOLUTIONS - 1ST READING (ITEMS 27 THRU 35 HAD 1ST READING)
27) 12R-201 Approving an Amendment to Bid No. 10-162 for the
Annual Requirements of Butterfly Valves
Agreement between the City of Lincoln and M & H
Valve Co. to extend the term for one additional
two-year term from August 1, 2012 through July
31, 2014.
Fact Sheet (118K)
Attachment (94K)
28) 12R-202 Approving Contract Agreements between the City
of Lincoln, Lancaster County, the Lincoln-Lancaster
County Public Building Commission, and Gregg
Electric Company, Progressive Electric, Willmar
Electric Service and Hy-Electric, Inc. for unit
price electrical services, pursuant to bid No. 12-177,
for four-year terms.
Fact Sheet (115K)
Attachment (18938K)
29) 12R-203 Approving Contract Agreements between the City
of Lincoln, Lancaster County, the Lincoln-Lancaster
County Public Building Commission, and MWE
Services, Inc., Mid Nebraska Grading &
Demolition, Inc. and LeGrande Excavating,
Inc. for unit price Demolition services,
pursuant to bid No. 12-149, for four-year terms.
Fact Sheet (118K)
Attachment (13692K)
30) 12R-204 Appointing Carole Burt and Georgia Blobaum to
the Community Health Endowment Board of Trustees
for terms expiring September 1, 2015.
Attachment (138K)
31) 12R-205 Reappointing Douglas Ganz and Dr. Michael Molvar
to the Community Health Endowment Board of
Trustees for terms expiring September 1, 2015.
32) 12R-206 Appointing Mike Lang to the District Energy
Corporation for a term expiring December 31,
2013.
Attachment (61K)
33) 12R-207 Reappointing Linda Carter and Michael DeKalb to
the StarTran Advisory Board for terms expiring
October 20, 2015.
34) 12R-208 Reappointing Ashley McWilliams and Marty Ramirez
to the Multicultural Advisory Committee for
terms expiring September 18, 2015.
35) 12R-209 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 construction of the SW 40th viaduct
over BNSF and Middle Creek.
Fact Sheet (12K)
Attachment (1352K)
PENDING LIST - DATE CERTAIN
36) 12-92 Amending Section 12.08.270 of the Lincoln
Municipal Code relating to alcoholic liquor
prohibited in parks to allow alcoholic
beverages to be served and consumed at Auld
Pavilion during periods that are subject to
an agreement between the City and a private
business for rental of the facility and
catering related events. (8/6/12 - To
have 2nd Reading/P.H. on 9/10/12)
Fact Sheet (204K)
37) 12-105 Change of Zone 12018 - Application of Kinport
Corporation for a change of zone from B-1 Local
Business District, R-6 Residential District and
R-5 Residential District to B-1 Local Business
District PUD, from R-2 Residential District to
R-2 Residential District PUD, and from R-6
Residential District to R-6 Residential District
PUD, on property generally located at North 35th
Street and Holdrege Street for a planned unit
development district designation of said
property, and approval of a development plan to
allow approximately 66,000 square feet of
commercial floor area and approximately 40
residential dwelling units. (Related Items:
12R-190, 12-105) (8/20/12 - To have 2nd
Reading/P.H. on 9/10/12) (Action Date:
9/17/12)
Fact Sheet (584K)
38) 12R-194 Approving an amendment to the Interlocal
Agreement between the City of Lincoln and
Lancaster County for a Communications Center to
continue to serve the communications needs of
the Lincoln Police Department, Lincoln Fire &
Rescue, Lancaster County Sheriff's Office, and
those rural Fire/EMS agencies with membership in
the Lancaster County Mutual Aid Association.
(8/20/12 - P.H. con't to 9/10/12)
Fact Sheet (102K)
Attachment (161K)
PENDING LIST (EXTENDED TWO WEEKS)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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 AUGUST ARE THE 13TH AND 27TH.
ADJOURNMENT 7:03 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