City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 15, 2012 AT 3:00 P.M.
ALL MEMBERS PRESENT
THE MEETINGS OF OCTOBER 8TH AND 29TH BEGIN AT 5:30 P.M.
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF SEPTEMBER, 2012
WAS PRESENTED TO
JOSH MEYER, ASSOCIATE ENGINEER
FOR THE ENGINEERING SERVICES DIVISION
OF THE PUBLIC WORKS AND UTILITIES DEPARTMENT
IN THE CATEGORIES OF
CUSTOMER RELATIONS, PRODUCTIVITY AND SAFETY.
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) Setting the hearing date of Monday, November 5,
2012 at 3:00 pm for the Board of Equalization to
equalize the assessments for the Downtown
Business Improvement District, Core Business
Improvement District Overlay & Downtown
Maintenance District. (APPROVED, 7-0)
2) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
October 1, 2012. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
3) Setting the hearing date of Monday, November 5,
2012 at 3:00 p.m. for the application of Xela,
Inc. dba Legends Bar & Grill for a Class C liquor
license located at 8300 Northwoods Drive.(ADOPTED,
7-0; A-87051)
4) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 12048 to Special
Permit No. 1531, Cedars Home for Children,
approved by the Planning Director on October 2,
2012, requested by The Cedars Home for Children
Foundation, Inc., to clarify the intent of
paragraph 1 of Resolution #PC-00179 relating to
the uses approved by the special permit to state
"A residential health care facility serving no
more than 30 persons and 5 staff, and an early
childhood care facility for up to 15 children and
3 staff, on property generally located near S.
56th St and Pioneers Blvd.
Administrative Amendment No. 12046 to Use
Permit No. 05002, approved by the Planning
Director on October 4, 2012, requested by
Architectural Design Associates, to revise the lot
line between Lots 1 and 2 and to change "building
floor area" to "building footprint" for Northwoods
Office Park, on property generally located at N.
84th St. and Northwoods Dr.
Administrative Amendment No. 12049 to Change
of Zone No. 05068B, The Woodlands at Yankee Hill
Planned Unit Development, approved by the Planning
Director on October 5, 2012, requested by ESP,
Inc., to revise the minimum building opening
elevations for Block 37, on property generally
located near S. 70th St. and Yankee Hill Rd.
Administrative Amendment No. 12052 to Pre-
Existing Special Permit No. 41, approved by the
Planning Director on October 5, 2012, requested by
Whitehead Oil Co., to relocate the licensed
premises to the new store as shown on the site
plan, on property generally located at N. 84th St.
and Cornhusker Hwy.
5) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
6) Application of Grandmothers Inc. dba Don &
Millie's for a Class I liquor license at 8150 O
Street. (ADOPTED FOR APPROVAL, 7-0; A-87052)
7) Manager application of Jill R. Bucknor for
Grandmothers Inc. dba Don & Millie's at 8150 O
Street. (ADOPTED FOR APPROVAL, 7-0; A-87053)
8) Application of Katharine E. Cloran dba Gratitude
Caf‚ & Bakery for a Class I liquor license at 1551
North Cotner Blvd. (ADOPTED FOR APPROVAL, 7-0;
A-87054)
9) Application of Crohn's & Colitis Foundation of
America (CCFA) for a special designated license to
cover an area measuring approximately 30 feet by
100 feet in 21st Street between P and Q Street on
October 27, 2012, from 2:00 p.m. to 7:30 p.m.
(WITHDRAWN, 7-0; #38-4626)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 10 & 11 HAD 2ND READING)
10) 12-133 Vacation No. 11012 - Vacating North 44th Street
from the south lot line of Lot 68 I.T. to the
north line of Morton Street, generally located at
North 44th Street and Superior Street.
Fact Sheet (418K)
11) 12-134 Approving a Land Exchange Agreement between the
City of Lincoln and Eighth & T, LLC, pertaining to
the West Haymarket Arena Project and construction
of the 10th Street and Salt Creek Street
Improvement Project.
Fact Sheet (91K)
Attachment (1416K)
Motion to Amend (2211K)
PUBLIC HEARING - RESOLUTIONS
12) 12R-247 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of September 16 -
30, 2012. (ADOPTED, 7-0; A-87055)
Fact Sheet (10K)
Attachment (22K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
13) 12-129 Amending Chapter 2.76 of the Lincoln Municipal
Code relating to the City's Personnel System by
adding a new section numbered 2.76.292 to regulate
fundraising activities of city employees.
(10/8/12 - Action Delayed 1 wk to 10/15/12)
(PASSED, 7-0; #19793)
Fact Sheet (14K)
14) 12-131 Amending the pay schedule for a certain employee
group whose classifications are assigned to the
pay range which is prefixed by the letter "N" by
creating the classification of "Fire Air
Technician." (PASSED, 7-0; #19794)
Fact Sheet (149K)
Attachment (19K)
15) 12-132 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 "E" to be
effective August 16, 2012. (PASSED, 7-0; #19795)
Fact Sheet (151K)
Attachment (265K)
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
16 THRU 19 HAD 1ST READING)
16) 12-135 Vacation No. 12006 - Vacating the east-west alley
between North 11th Street and North 12th Street
and Lincoln Mall and K Street.(Related: 12-135,
12R-248, 12-136, 12R-249) (Action Date:
10/29/12)
Fact Sheet (545K)
17) 12R-248 Approving the 3 Landmark Centre Redevelopment
Agreement between the City and NEBCO, Inc.
relating to the redevelopment of property
generally located between 11th and 12th Streets
and K Street Centennial Mall. (Related:
12-135, 12R-248, 12-136, 12R-249) (Action Date:
10/29/12)
Attachment (1373K)
18) 12-136 Authorizing the issuance of tax allocation bonds
with a total not to exceed $2.2 million for the
City of Lincoln, 3 Landmark Centre Redevelopment
Project. (Related: 12-135, 12R-248, 12-136,
12R-249) (Action Date: 10/29/12)
19) 12R-249 Amending the FY 12/13 CIP to authorize and
appropriate $2.2 million in TIF funds for the 3
Landmark Centre Redevelopment Project generally
located between 11th and 12th Street, K Street and
Centennial Mall.(Related: 12-135, 12R-248,
12-136, 12R-249) (Action Date: 10/29/12)
RESOLUTIONS - 1ST READING (ITEMS 20 & 21 HAD 1ST READING)
20) 12R-250 Appointing Leo C. Benes to the Alarm Review Board
for a term expiring July 1, 2013.
Attachment (70K)
21) 12R-251 Re-adopting the Water System Impact Fee Schedule,
Water Distribution Impact Fee Schedule, Wastewater
Impact Fee Schedule, Arterial Street Impact Fee
Schedule, and Neighborhood Park and Trail Impact
Fee Schedule without any adjustment for inflation
for 2013.
Fact Sheet (17K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST
22) 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)
23) 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)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
(9/10/12 - Placed on Indefinite Pending)
Fact Sheet (204K)
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) (9/10/12 - con't P.H. to 9/17/12)
(9/17/12 - P.H. con't to 9/24/12) (9/24/12 - con't
P.H. to 10/8/12) (10/8/12 - Indefinite Pending
w/con't future P.H.)
Fact Sheet (102K)
Attachment (161K)
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 OCTOBER ARE THE 8TH AND 29TH.
ADJOURNMENT 3:31 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.
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The City Council Agenda and Action Sheet may be accessed on the
Internet at:
lincoln.ne.gov