City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
AGENDA FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 10, 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) 12R-204 Appointing Carole Burt and Georgia Blobaum to
the Community Health Endowment Board of Trustees
for terms expiring September 1, 2015.
(ADOPTED, 7-0; A-86984)
Attachment (138K)
2) 12R-205 Reappointing Douglas Ganz and Dr. Michael Molvar
to the Community Health Endowment Board of
Trustees for terms expiring September 1, 2015.
(ADOPTED, 7-0; A-86985)
3) 12R-206 Appointing Mike Lang to the District Energy
Corporation for a term expiring December 31,
2013. (ADOPTED, 7-0; A-86986)
Attachment (61K)
4) 12R-207 Reappointing Linda Carter and Michael DeKalb to
the StarTran Advisory Board for terms expiring
October 20, 2015. (ADOPTED, 7-0; A-86987)
5) 12R-208 Reappointing Ashley McWilliams and Marty Ramirez
to the Multicultural Advisory Committee for
terms expiring September 18, 2015.
(ADOPTED, 7-0; A-86988)
6) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on August 20, 2012.
(PLACED ON FILE)
7) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on August 27, 2012. (PLACED ON FILE)
8) Report from the City Treasurer of City Cash on
hand at the close of business July 31, 2012.
(PLACED ON FILE)
9) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for the month of January,
2012. (PLACED ON FILE)
10) Report from the City Treasurer of Franchise Tax
for the months of November, 2011 - July, 2012
from Black Hills/Nebraska Gas Utility Co., LLC.
(PLACED ON FILE)
11) Report from the City Treasurer of Franchise Fees
from Time Warner Cable for the Quarter ending
December 31, 2011. (PLACED ON FILE)
12) Report from the City Treasurer of Franchise Fees
from Time Warner Cable for the Quarter ending
March 31, 2012. (PLACED ON FILE)
13) Report from the City Treasurer of PEG Fees for
December 2011. (PLACED ON FILE)
14) Report from the City Treasurer of PEG Fees for
the Quarter ending March 31, 2012.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
15) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 12033 to Change
of Zone No. 05054A, Prairie Village North
Planned Unit Development, approved by the
Planning Director on August 24, 2012, requested
by Legacy Homes, LLC, to revise the location of
Windmill Drive and the site layout for a
convenience store south of Windmill Drive, on
property generally located southeast of N. 84th
St. and Windmill Dr.
Administrative Amendment No. 12041 to
Special Permit No. 1557, Northridge Heights,
approved by the Planning Director on August 29,
2012, requested by Dave Egge, to reduce the rear
yard setback to 17 feet on Lot 19, Block 1, for
a 10' x 14' addition, on property located at
3210 Prairieview Dr.
16) REFERRED TO THE PLANNING DEPARTMENT:
Change of Zone No. 12028 - Requested by Park
Ridge Apartment Too, LLC., from R-2 Residential
District to R-4 Residential District, on
property legally described as Lot 72, I.T.,
located in the SW 1/4 of Section 27-10-6,
Lancaster County, Nebraska, generally located at
720 West C Street.
Special Permit No. 1733E - Requested by
Park Ridge Apartment Too, LLC., for an amendment
to the Muff 3rd Addition Community Unit Plan, to
add a 1.41 acre parcel to allow an additional 24
multiple-family dwelling units, on property
legally described as Lot 72 I.T., located in the
SW 1/4 of Section 27-10-6, Lancaster County,
Nebraska, generally located at 720 West C
Street. The Planning Commission action is final
action, unless appealed to the City Council.
Special Permit No. 12031 - Requested by
Bob Hanks, for the expansion of a nonconforming
use to allow alcohol for consumption on the
premises in an outdoor seating area on property
legally described as the southeast 1.12 acre
part of Lot 1, Block 2, Highland North, located
in the NW 1/4 of Section 3-10-6, Lancaster
County, Nebraska, generally located at W.
Fletcher Avenue and NW 1st Street. The Planning
Commission action is final action, unless
appealed to the City Council.
17) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 18 THRU 26 HAD 2ND READING) (SEE ITEM 18)
18) 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)(PLACED ON INDEFINITE
PENDING; APPROVED, 6-0; COOK ABSENT)
Fact Sheet (204K)
19) 12-103 Comprehensive 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)
20) 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)
21) 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)
22) 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. (8/20/12 - To have
2nd Reading/P.H. on 9/10/12)(Action Date: 9/17/12)
(Related: 12-105, 12-112, 12R-212, 12R-210, 12R-211)
(Action Date: 9/17/12)
Fact Sheet (584K)
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: 12-105, 12-112, 12R-212,
12R-210, 12R-211)(Action Date: 9/17/12)
Fact Sheet (604K)
24) 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: 12-105,
12-112, 12R-212, 12R-210, 12R-211)
(Action Date: 9/17/12)
Fact Sheet (17K)
Attachment (531K)
25) 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: 12-105, 12-112,
12R-212, 12R-210, 12R-211) (Action Date: 9/17/12)
Fact Sheet (148K)
Attachment (848K)
26) 12R-211 Amending the FY 12/13 CIP to authorize and
appropriate $1,127,413 in TIF funds for
Holdrege/Idlywild projects. (Related: 12-105,
12-112, 12R-212, 12R-210, 12R-211)
(Action Date: 9/17/12)
Fact Sheet (117K)
PUBLIC HEARING - RESOLUTIONS
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. (ADOPTED, 7-0; A-86989)
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. (ADOPTED, 7-0; A-86990)
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. (ADOPTED, 7-0; A-86991)
Fact Sheet (118K)
Attachment (13692K)
30) 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. (ADOPTED, 7-0; A-86992)
Fact Sheet (12K)
Attachment (1352K)
31) 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)
(CONT. P.H./2ND READING TO 9/17/12,
APPROVED, 6-0; COOK ABSENT)
Fact Sheet (102K)
Attachment (161K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
32) 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. (MTA #1 ADOPTED, 7-0; PASSED AS AMENDED,
7-0; #19772)
33) 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. (PASSED, 7-0;
#19773)
Fact Sheet (31K)
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 34 THRU 40 HAD 1ST READING)
34) 12-113 Authorizing the issuance, sale and delivery of
Holdrege/Idylwild Redevelopment Project Tax
Allocation Bonds of the City of Lincoln,
Nebraska.
35) 12-114 Authorizing the execution and delivery of a
First Amendment to Loan Agreement among the City
of Lincoln, Nebraska, The Dairy House, LLC, and
Pinnacle Bank, and related documents.
(Related: 12-114, 12R-221)
(Action Date: 9/24/12)
36) 12R-221 Approving Amendment No. 2 to the Redevelopment
Agreement (Telesis/Dairy House Project) between
the Dairy House LLC and the City of Lincoln for
a change of the Building Condominium Units in
Phase One and the corresponding change to the
legal description for the Redevelopment Project
Site. (Related: 12-114, 12R-221)
(Action Date: 9/24/12)
Fact Sheet (24K)
Attachment (48K)
37) 12R-219 Approving Amendment No. 1 to the Highway 77 &
Warlick Boulevard Conditional Annexation and
Zoning Agreement between the City of Lincoln and
Dial-Hwy 77, LLC, Great Western Bank, Southport
Ventures Company, LLC, Spangles, LLC, Austin
Realty Company, LeGrande Excavating, Inc., and
Norman H. LeGrande, to amend the Southwest
Village PUD site plan on property generally
located at Highway 77 and Warlick Boulevard and
to clarify the requirements for construction of
infrastructure improvements to serve the PUD.
(Related Items: 12R-219, 12-115)
(Action Date: 9/24/12)
Fact Sheet (12K)
Attachment (1290K)
38) 12-115 Change of Zone 05061A - Application of Horsemans
Benevolent & Protection Association to amend the
Southwest Village Planned Unit Development to
show a horse race course, simulcast facility,
barns and accessory buildings to the southwest
of 1st Street and West Denton Road; to allow all
B-2 zoning district conditional and special
permitted uses as permitted uses; and to waive
the requirement for 1st Street to be paved prior
to the race course construction, on property
generally located at Highway 77 and West Denton
Road. (Related Items: 12R-219, 12-115)
(Action Date: 9/24/12)
Fact Sheet (19590K)
39) 12-116 Change of Zone 12023 - Application of Tackroom
Properties, LLC for a change of zone from H-3
Highway Commercial District to I-1 Industrial
District on property generally located at North
14th Street and Cornhusker Highway.
Fact Sheet (1412K)
40) 12-117 Change of Zone 12024 - Application of the
Lincoln Community Playhouse for a change of zone
from R-2 Residential District and R-3
Residential District to O-3 Office Park District
PUD for the Lincoln Community Playhouse Planned
Unit Development and for approval of a
development plan for modifications to the Zoning
Ordinance and Subdivision Ordinance to allow the
existing community playhouse and future
commercial development on the underlying O-3
zoning district, on property generally located
at South 56th Street and Lillibridge Street.
Fact Sheet (532K)
A SPECIAL PUBLIC HEARING SHALL BE HELD ON
MONDAY, SEPTEMBER 17, 2012, AT 3:00 P.M. OR AS SOON THEREAFTER
AS POSSIBLE ON THE FOLLOWING RESOLUTION
41) 12R-213 Approving the 2012-2013 City tax rate of .31580
per $100.00 of assessed valuation.
Fact Sheet (82K)
RESOLUTIONS - 1ST READING (ITEMS 42 THRU 47 HAD 1ST READING)
42) 12R-220 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of August 16 -
31, 2012.
Fact Sheet (10K)
Attachment (22K)
43) 12R-214 Approving four Contract Agreements between the
City and Husker Car Wash, Inc., JetSplash Full
Service Car Wash, West "O" Super Wash, and
Randolph Carwash, Inc. for the annual
requirements for Vehicle Washes and Related
Services, pursuant to Quote No. 4083, for
four-year terms.
Fact Sheet (271K)
Attachment (6100K)
44) 12R-215 Approving the labor contract between the City of
Lincoln and the Police Union to be effective
August 16, 2012 through August 31, 2014.
Fact Sheet (86K)
Attachment (266K)
Attachment - Redlined Version (272K)
45) 12R-216 Comp. Plan Conformance 12011 - Approving an
amendment to the Lincoln Center Redevelopment
Plan to add the "3 Landmark Centre Redevelopment
Project" for a new office building and parking
garage on Block 120, Original Plat of Lincoln,
and adjacent right-of-way and to revise the
Lincoln Mall Capitol Environs Redevelopment
Project boundary to remove the south half of
Block 120, generally located between Lincoln
Mall, K Street, South 11th Street and South 12th
Street.
Fact Sheet (2610K)
Attachment (3029K)
46) 12R-217 Waiver 12013 - Appeal of Anne Cech from the
Planning Commission denial of her request to
waive the requirement of § 26.23.095 of the
Land Subdivision Ordinance to install a sidewalk
along the east side of Clifford Drive abutting
4010 Clifford Drive, generally located northeast
of the intersection of South 40th Street and
Pioneers Boulevard.
Fact Sheet (822K)
47) 12R-218 Combined Special Permit/Use Permit 13A -
Application of BryanLGH Medical Center to modify
the sign package approved as part of the
combined permit for the health care facility to
allow an additional center identification sign
at the corner of South 40th Street and Pine Lake
Road.
Fact Sheet (3482K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
48) 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)
49) 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)
50) 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)
51) 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)
52) 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)
53) 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)
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) 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 SEPTEMBER ARE THE 10TH AND 24TH.
ADJOURNMENT 4:47 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