City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 29, 2012 AT 5:30 P.M.
ALL MEMBERS PRESENT
YOUTH AMBASSADORS - ADDRESS TO CITY COUNCIL
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) Assessment resolution for Downtown Business
Improvement District for Board of Equalization to
be held Monday, November 5, 2012, at 3:00 p.m.
(ADOPTED, 7-0; A-87065)
2) Assessment resolution for Downtown Maintenance
Improvement District for Board of Equalization to
be held Monday, November 5, 2012, at 3:00 p.m.
(ADOPTED, 7-0; A-87066)
3) Assessment resolution for Downtown Core
Improvement District for Board of Equalization to
be held Monday, November 5, 2012, at 3:00 p.m.
(ADOPTED, 7-0; A-87067)
4) Report from the City Treasurer of City Cash on
hand at the close of business September 30, 2012.
(PLACED ON FILE)
5) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
October 15, 2012. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
6) Setting the hearing date of Monday, November 19,
2012 at 5:30 p.m. for the application of Herberg
LLC dba Staybridge Suites for a Class I liquor
license located at 1501 North 86th Street.
(ADOPTED, 7-0; A-87068)
7) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 12056 to rescind
Special Permit No. 887, originally approved for a
private school, approved by the Planning Director
on October 16, 2012, requested by Lincoln
Christian School, on property generally located at
S. 84th St. and Old Cheney Rd.
8) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEM 9 HAD 2ND READING)
9) 12-137 Approving the allocation of $748,000 annually of
Capital Improvements Funds appropriated in the FY
2012 - 13 and FY 2013 - 14 budget to certain
projects within the Parks and Recreation
Department.
Fact Sheet (154K)
Attachment (93K)
Motion to Amend
PUBLIC HEARING - RESOLUTIONS
10) 12R-255 Approving a Contract Agreement between the City of
Lincoln, Lancaster County, the Lincoln-Lancaster
County Public Building Commission, and Heine's
Painting & Decorative Concrete, Inc. for unit
pricing for miscellaneous painting services,
pursuant to Bid No. 12-189, for a four-year term.
(ADOPTED, 7-0; A-87069)
Fact Sheet (117K)
Attachment (4137K)
11) 12R-254 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of October 1 - 15,
2012. (ADOPTED, 7-0; A-87070)
Fact Sheet (10K)
Attachment (23K)
12) 12R-252 Application of John S. Gould and W. Donald Gould
to use the public right-of-way at 301 North 8th
Street for dock and outdoor seating. (ADOPTED, 7-0;
A-87071)
Fact Sheet (12K)
Attachment (909K)
13) 12R-253 Misc. 12008 - Declaring the 1st & Cornhusker
Highway Redevelopment Area as blighted and
substandard in an estimated 78 acres generally
bounded by Cornhusker Highway, North 4th Street,
Adams Street and North 1st Street. (ADOPTED, 7-0;
A-87072)
Fact Sheet (910K)
Attachment (5433K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
14) 12-135 Vacation No. 12006 - Vacating the east-west alley
between South 11th Street and South 12th Street
and Lincoln Mall and K Street. (Related: 12-
135, 12R-248, 12-136, 12R-249) (Action Date:
10/29/12) (MTA #1 ADOPTED, 7-0; PASSED AS AMENDED,
7-0; #19798)
Fact Sheet (545K)
Motion to Amend
15) 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) (MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED,
7-0; A-87073)
Fact Sheet
Attachment (1373K)
16) 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) (MTA #1 ADOPTED,
7-0; PASSED AS AMENDED, 7-0; #19799)
17) 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) (ADOPTED, 7-0;
A-87074)
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 18
THRU 21 HAD 1ST READING)
18) 12-138 Comp. Plan Conformance 12015 Declaring two
parcels of property consisting of approximately
1.52 acres generally located south of Line Drive
between North 3rd Street and North 7th Street as
surplus property.
Fact Sheet (342K)
19) 12-139 Amending Section 2.76.155 of the Lincoln Municipal
Code relating to longevity pay to delete longevity
pay paid to employees in pay ranges prefixed by
"E" who reach five years of service after August
15, 2012.
Fact Sheet (125K)
20) 12-140 Amending Section 2.76.380 of the Lincoln Municipal
Code relating to Sick Leave with Pay to add
language to clarify the payout provisions upon
retirement, death, or reduction in force for
employees in pay ranges prefixed by "A" and "C"
and to add language relating to sick leave payout
upon resignation for unrepresented employees in
pay ranges prefixed by "E."
Fact Sheet (130K)
21) 12-141 Amending Chapter 3.24 of the Lincoln Municipal
Code relating to occupation taxes by amending
§3.24.080 to eliminate the application of the
telecommunication occupation tax to
telecommunication equipment and certain
telecommunication services; and, to clarify that
the telecommunication occupation tax continues to
apply to private communication services; amending
§3.24.100 to require companies to report
telecommunication services revenues by categories;
and, amending §3.24.150 to remove the
references to the Finance Department providing
written interpretations of the applicability of
the telecommunication occupation tax.
Fact Sheet (14K)
RESOLUTIONS - 1ST READING (ITEMS 22 THRU 29 HAD 1ST READING)
22) 12R-256 Approving an Agreement between the City of
Lincoln, Lancaster County and Bryan Medical Center
to provide lab services to employees for a four
year term of November 1, 2012 through October 31,
2016.
Fact Sheet (98K)
Attachment (451K)
23) 12R-261 Approving an Amendment to Agreement for Computer
Equipment, Peripherals, and Related Services,
WSCA/NASPO Master Price Agreement Number B27164
between the City of Lincoln, Lancaster County,
Lincoln-Lancaster County Public Building
Commission and Hewlett Packard Company to extend
the term for an additional two-year term from
September 1, 2012 through August 31, 2014.
Fact Sheet (137K)
Attachment (391K)
24) 12R-262 Approving an Amendment to Agreement for Computer
Equipment, Peripherals, and Related Services,
WSCA/NASPO Master Price Agreement Number B27160
between the City of Lincoln, Lancaster County,
Lincoln-Lancaster County Public Building
Commission and Dell Marketing, L.P. to extend the
term for an additional two-year term from
September 1, 2012 through August 31, 2014.
Fact Sheet (138K)
Attachment (418K)
25) 12R-257 Approving a Service Agreement between the City of
Lincoln on behalf of the Lincoln-Lancaster County
Health Department and Southeast Community College
to provide clinical training for nursing, medical
assistant, medical coding students and dental
assistant students at the Lincoln-Lancaster County
Health Department for a period of November 1, 2012
through October 31, 2015.
Fact Sheet (83K)
Attachment (759K)
26) 12R-258 Approving a Service Agreement 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 College of
Nursing to provide clinical training for public
health students at the Health Department for a
term of July 1, 2012 through June 30, 2015.
Fact Sheet (83K)
Attachment (766K)
27) 12R-263 Approving a Service Contract between the Nebraska
Department of Health and Human Services, Division
of Public Health Lifespan Health Unit, Nebraska
Colon Cancer Program, and the City of Lincoln on
behalf of the Lincoln-Lancaster County Health
Department for the Colon Cancer (FOBT) Project for
a two year term from September 17, 2012 through
June 30, 2014 in an amount of $50,000.00.
Fact Sheet (85K)
Attachment (711K)
28) 12R-259 Special Permit No. 1118A Application of
Vindonale, Inc. to amend the special permit for
Historic Preservation of the Tifereth House to
waive the parking requirement for an existing
landmark used as apartments on property generally
located at 344 South 18th Street.
Fact Sheet (1389K)
29) 12R-260 Authorizing the Mayor to execute an Agreement
between the City of Lincoln and the State of
Nebraska Department of Roads (NDOR) to allow the
State to provide $400,000 in District Maintenance
funds for the repair and resurfacing of selected
state highways in fiscal year 2013.
Fact Sheet (12K)
Attachment (103K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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 6:32 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