City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
BOARD OF EQUALIZATION
IMMEDIATELY PRECEDING THE REGULAR CITY COUNCIL MEETING
THE CITY COUNCIL WILL CONVENE TO EQUALIZE THE
ASSESSMENTS FOR THE
DOWNTOWN BUSINESS IMPROVEMENT DISTRICT
THE CORE BUSINESS IMPROVEMENT DISTRICT OVERLAY & THE
MAINTENANCE IMPROVEMENT DISTRICT
(APPROVED, 7-0)
THERE WILL BE NO MEETINGS THE WEEKS OF NOVEMBER 12 AND 26
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 5, 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) Affidavit of Mailing for the weed abatement
assessments for the 2012 calendar year.
(PLACED ON FILE)
2) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on October 22, 2012.
(PLACED ON FILE)
3) Report from City Treasurer of E911 surcharge for
the time period November 30, 2011 through
September 30, 2012. (PLACED ON FILE)
4) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
September 30, 2012. (ADOPTED, 7-0; A-87075)
PETITIONS & COMMUNICATIONS
5) Setting the hearing date of Monday, November 19,
2012 at 5:30 p.m. for the application of Red
Herring Concepts, LLC dba Lead Belly for a Class
CK liquor license located at 301 N. 8th Street,
Suite 100. (APPROVED, 7-0; A-87076)
6) REFERRALS TO THE PLANNING DEPARTMENT:
Change of Zone No. 04075D - Requested by
Olsson Associates for an amendment to the
Village Gardens Planned Unit Development for
expansion of the area of the PUD by
approximately 2 acres; for a change of zone from
AG Agriculture District to R-3 Residential
District PUD on property generally located at
South 62nd Street and Blanchard Boulevard; for a
Planned Unit Development District designation of
said property; and for approval of a development
plan which proposes modifications to the Zoning
Ordinance and Land Subdivision Ordinance to
allow single family residential dwellings on the
underlying R-3 zoned area.
Use Permit No. 11001A - Requested by
Olsson Associates for an amendment to increase
the building area from 11,350 square feet to
23,310 square feet on property generally located
at West A Street and Highway 77.
7) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 12039 to Use
Permit No. 132B, The Humane Society at
Willowbrook Shopping Center, approved by the
Planning Director on October 24, 2012 requested
by Capital Humane Society to show a fenced dog
run area with enhanced landscape screening
within the 100 ft. setback to buildings and 75
ft. setback to parking areas adjacent to Highway
2 on property generally located near South 70th
Street and Highway 2.
8) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
9) Application of North American Martyrs Catholic
Church for a special designated license to cover
an area measuring approximately 40 feet by 18
feet in the parking lot at 1101 Isaac Drive on
November 18, 2012 from 12:00 p.m. to 4:00 P.M.
(ADOPTED FOR APPROVAL, 7-0; A-87077)
10) Application of Xela, Inc. dba Legends Bar and
Grill for a Class C liquor license at 8300
Northwoods Drive. (ACTION DELAYED TWO WEEKS
W/CON'T P.H. ON 11/19/12, 7-0)
11) Manager application of Jason Von Kaenel for
Xela, Inc. dba Legends Bar and Grill at 8300
Northwoods Drive. (ACTION DELAYED TWO WEEKS
W/CON'T P.H. ON 11/19/12, 7-0)
12) Application of Ironhorse LLC dba Cask for a
Class C liquor license at 728 Q Street, Suite B.
(ADOPTED FOR APPROVAL, 7-0; A-87078)
13) Manager application of Kevin Blazek for
Ironhorse LLC dba Cask at 728 Q Street, Suite B.
(ADOPTED FOR APPROVAL, 7-0; A-87079)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 14
THRU 17 HAD 2ND READING)
14) 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)
15) 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)
16) 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)
17) 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)
PUBLIC HEARING - RESOLUTIONS
18) 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. (ADOPTED, 7-0; A-87080)
Fact Sheet (98K)
Attachment (451K)
19) 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.
(ADOPTED, 7-0; A-87081)
Fact Sheet (137K)
Attachment (391K)
20) 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.
(ADOPTED, 7-0; A-87082)
Fact Sheet (138K)
Attachment (418K)
21) 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. (ADOPTED, 7-0; A-87083)
Fact Sheet (83K)
Attachment (759K)
22) 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.
(ADOPTED, 7-0; A-87084)
Fact Sheet (83K)
Attachment (766K)
23) 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.
(ADOPTED, 7-0; A-87085)
Fact Sheet (85K)
Attachment (711K)
24) 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.
(ADOPTED, 7-0; A-87086)
Fact Sheet (1389K)
25) 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.
(ADOPTED, 7-0; A-87087)
Fact Sheet (12K)
Attachment (103K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
26) 12-137 Approving the allocation of $748,000 annually of
Capital Improvement Funds appropriated in the FY
2012 - 13 and FY 2013 - 14 budget to certain
projects within the Parks and Recreation
Department. (MTA #1 ADOPTED, 7-0;
PASSED AS AMENDED, 7-0; #19800)
Fact Sheet (154K)
Attachment (93K)
Motion to Amend
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)
NONE
RESOLUTIONS - 1ST READING (ITEMS 27 THRU 34 HAD 1ST READING)
27) 12R-264 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of October 16-
31, 2012.
Fact Sheet (10K)
Attachment (23K)
28) 12R-265 Approving an Agreement between the City of
Lincoln and Cornhusker Place of Lincoln-
Lancaster County, Inc. for the provision of
protective custody services for those
individuals with alcohol and drug abuse problems
and for space for the Lincoln Police Department
to conduct chemical testing and related services
for a three-year term from October 1, 2013
through September 30, 2016.
Fact Sheet (12K)
Attachment (568K)
29) 12R-266 Appointing Douglas McDaniel to the Lincoln-
Lancaster County EMS Oversight Authority Board
for a term expiring September 1, 2015.
Attachment (72K)
30) 12R-267 Adopting the LES Rate Schedules providing for a
system average rate increase of 2.6%, effective
January 1, 2013. (Action date: 12/3/12)
Fact Sheet (159K)
Attachment (2475K)
31) 12R-271 Adopting the Lincoln Electric System Annual
Budget for 2013, to become effective January 1,
2013. (Action date: 12/3/12)
Attachment (785K)
32) 12R-268 Approving the selection of Pavers Companies as
lowest bidder and authorizing execution of the
construction contract between the City and the
Nebraska Dept. of Roads for the use of Federal
Transportation Program funds for Project No.
LCLC-5228(4), Lincoln Citywide Resurfacing
Project.
Fact Sheet (18K)
Attachment (718K)
33) 12R-269 Approving the selection of United Contractors
Inc. as lowest bidder and authorizing execution
of the construction contract between the City
and the Nebraska Dept. of Roads for the use of
Federal Transportation Program funds for Project
No. STPN-BRR-TMT-5267(1), SW 40th Street viaduct
project.
Fact Sheet (13K)
Attachment (1769K)
34) 12R-270 Approving the selection of United Contractors
Inc. as lowest bidder and authorizing execution
of the construction contract between the City
and the Nebraska Dept. of Roads for the use of
Federal Transportation Program funds for Project
No. LCLC-5231(13), 27th Street viaduct repair
project.
Fact Sheet (13K)
Attachment (428K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED TWO WEEKS)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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. THERE WILL ONLY
BE ONE OPEN MICROPHONE SESSION FOR THE MONTH OF NOVEMBER
WHICH IS NOVEMBER 19TH AT 5:30 P.M.
ADJOURNMENT 3:45 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