City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 19, 2012 AT 5:30 P.M.
ALL MEMBERS PRESENT
PUBLIC NOTICE OF VACANCY OF COUNCIL SEAT
APPROVED REQUEST TO WAIVE COUNCIL RULES
TO CONFORM WITH STATE LAW TIMELINE, 6-0
ELECTION OF VICE CHAIR
JON CAMP WAS ELECTED VICE CHAIR, 6-0
THERE WILL BE NO MEETINGS THE WEEKS OF NOVEMBER 12 AND 26
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-266 Appointing Douglas McDaniel to the Lincoln-
Lancaster County EMS Oversight Authority Board for
a term expiring September 1, 2015.
(ADOPTED, 6-0; A-87088)
Attachment (72K)
2) Resolution assessing special taxes for the costs
of the improvements in the Downtown Business
Improvement District, the Core Business
Improvement District Overlay and the Downtown
Maintenance District.(ADOPTED, 6-0; A-87089)
3) Resolution setting the public hearing date of
Monday, December 10, 2012 at 3:00 p.m. on the
assessment of the cost of weed removal incurred
for the period of January 1, 2012, through
December 31, 2012. (ADOPTED, 6-0; A-87090)
4) Report of Settlement Agreement under Neb. Rev.
Stat. §84-713 (non tort claim).
(PLACED ON FILE)
5) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
October 29, 2012. (PLACED ON FILE)
6) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
November 5, 2012. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
7) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Waiver No. 11007 approved by the Planning
Director on November 8, 2012 requested by Steven
Knobel to extend the time for two years until
November 8, 2014 to install sidewalks and street
trees for North Creek Business Park 1st Addition
generally located at Fletcher Avenue and North
14th Street.
Administrative Amendment No. 12034 to
Special Permit No. 1992A, Edenton Woods Community
Unit Plan, approved by the Planning Director on
November 2, 2012 requested by CaseyCo to revise
the site plan by reducing the number of lots at
the end of Camella Court by one and showing the
five lots surrounding the cul-de-sac bulb to be
developed with detached single-family dwellings on
property generally located near Ashbrook Drive and
Highway 2.
Administrative Amendment No. 12054 to
Special Permit No. 05002, Foreman Ridge Addition
Community Unit Plan, approved by the Planning
Director on November 2, 2012 requested by Michael
and Makayla Zoerb to revise the outlot and lot
layout on one lot and to reduce the front yard
setback from 40 feet to 35 feet along several
"Future Roadway"s (cul-de-sacs) in the "build
through" site plan on property generally located
at SW 12th Street and West Denton Road.
8) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
9) Application of Herberg LLC dba Staybridge Suites
for a Class I liquor license at 1501 North 86th
Street. (ADOPTED FOR APPROVAL, 6-0; A-87091)
10) Manager application of John E. Klimpel for Herberg
LLC dba Staybridge Suites at 1501 North 86th
Street. (ADOPTED FOR APPROVAL, 6-0; A-87092)
11) Application of Red Herring Concepts LLC dba
Leadbelly for a Class CK liquor license at 301
North 8th Street, Suite 100. (ADOPTED FOR APPROVAL,
6-0; A-87093)
12) Manager application of Michael J. Martin for Red
Herring Concepts LLC dba Leadbelly at 301 North
8th Street, Suite 100. (ADOPTED FOR APPROVAL,
6-0; A-87094)
13) Application of Nebraska CVS Pharmacy, LLC dba CVS
Pharmacy #4033 for a Class C liquor license at
5611 South 27th Street. (ADOPTED FOR APPROVAL,
6-0; A-87095)
14) Application of Kevin M. Merfeld for Nebraska CVS
Pharmacy, LLC dba CVS Pharmacy #4033 at 5611 South
27th Street. (ADOPTED FOR APPROVAL, 6-0; A-87096)
15) Application of HH Investments, LLC dba North Star
Express for a Class D liquor license at 5700 North
33rd Street. (ADOPTED FOR APPROVAL, 6-0; A-87097)
16) Manager application of Marc D. Hausmann for HH
Investments, LLC dba North Star Express at 5700
North 33rd Street. (ADOPTED FOR APPROVAL, 6-0;
A-87098)
17) Application of Xela, Inc. dba Legends Bar and
Grill for a Class C liquor license at 8300
Northwoods Drive. (11/5/12 - Delayed 2 wks
w/con't P.H. on 11/19/12)(ADOPTED FOR APPROVAL,
6-0; A-87099)
18) Manager application of Jason Von Kaenel for Xela,
Inc. dba Legends Bar and Grill at 8300 Northwoods
Drive. (11/5/12 - Delayed 2 wks w/con't P.H. on
11/19/12) (ADOPTED FOR APPROVAL, 6-0; A-87100)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
19) 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. (ADOPTED, 6-0; A-87101)
Fact Sheet (10K)
Attachment (23K)
20) 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.
(ADOPTED, 6-0; A-87102)
Fact Sheet (12K)
Attachment (568K)
21) 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. (ADOPTED, 6-0; A-87103)
Fact Sheet (18K)
Attachment (718K)
22) 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.
(ADOPTED, 6-0; A-87104)
Fact Sheet (13K)
Attachment (1769K)
23) 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.
(ADOPTED, 6-0; A-87105)
Fact Sheet (13K)
Attachment (428K)
24) 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)
25) 12R-271 Adopting the Lincoln Electric System Annual Budget
for 2013, to become effective January 1, 2013.
(Action date: 12/3/12)
Attachment (785K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
26) 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. (PASSED, 6-0; #19801)
Fact Sheet (342K)
27) 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. (PASSED, 6-0; #19802)
Fact Sheet (125K)
28) 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." (PASSED, 6-0;
#19803)
Fact Sheet (130K)
29) 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.
(PASSED, 6-0; #19804)
Fact Sheet (14K)
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 30
THRU 37 HAD 1ST READING)
30) 12-142 Annexation No. 12004 - Amending the Lincoln
Corporate Limits Map by annexing approximately 4.6
acres generally located at South 84th Street and
Amber Hill Road. (Related Items: 12-142,
12-143, 12R-281) (Action Date: 12/10/12)
Fact Sheet (1836K)
Attachment (577K)
31) 12-143 Change of Zone 12027 - Application of Fox Hollow,
LLC, for a change of zone from AGR Agriculture
Residential District to R-3 Residential District
on property generally located at South 84th Street
and Amber Hill Road. (Related Items: 12-142,
12-143, 12R-281) (Action Date: 12/10/12)
Fact Sheet (1881K)
32) 12R-281 Special Permit No. 06001B - Appeal of Russ
Kromberg from the Planning Commission approval of
an amendment to the Grand Terrace Community Unit
Plan to add 4.6 acres and up to 31 additional
dwelling units, with a waiver of the Design
Standards for cul-de-sac bulb radius from 43.5' to
30' on property generally located at South 84th
Street and Amber Hill Road. (Related Items:
12-142, 12-143, 12R-281) (Action Date: 12/10/12)
Fact Sheet (2467K)
33) 12-144 Comp. Plan Conformance 12012 - Declaring
approximately 0.15 acres of property generally
located southeast of North 20th Street and O
Street, 0.59 acres of property generally located
northeast of South 20th Street and N Street, and
0.23 acres of property generally located northwest
of South 21st Street and M Street as surplus
property.
Fact Sheet (1312K)
34) 12-145 Vacation 12008 - Vacating a portion of South 38th
Street right-of-way, generally located at South
38th Street and South Street.
Fact Sheet (1005K)
35) 12-146 Ratifying an Ordinance to vacate T, U and V
Streets between 8th and 9th Streets in the City of
Lincoln, the alley extending through and into
Blocks 18, 9, and 6 in Original Lincoln and Block
14 in North Lincoln, and the unnamed right-of-way
between 8th and 9th Streets lying between what was
originally platted as Block 14 of North Lincoln
and Block 6 of Original Lincoln which was passed
February 15, 1886 and republished in the general
revised and consolidated ordinance of the City of
Lincoln, being Ordinance No. 623, which was
printed and published in book and pamphlet form in
the City of Lincoln in pursuance of the provisions
of the statutes of the State of Nebraska and the
ordinance of the City of Lincoln, and by order and
under the authority of the Mayor and City Council
of the City of Lincoln.
Fact Sheet (16K)
36) 12-147 Approving a License Agreement for Parking between
the City of Lincoln and the Community Health
Endowment designating four parking spaces in the
Union Plaza parking lot, generally located north
of North 21st Street and Q Street, for use by the
Community Health Endowment.
Fact Sheet (128K)
Attachment (350K)
37) 12-149 Amending Lincoln Municipal Code §§ 2.02.050, 2.02.120
and 2.02.065 to transfer the responsibility and
management of the Emergency Communication Center from
the Finance Department to the Police Department;
and by amending Lincoln Municipal Code §2.02.065
to make the Public Safety Director a permanent
position. (Related Items 12-149, 12R-194)
Fact Sheet (12K)
RESOLUTIONS - 1ST READING (ITEMS 38 THRU 46 HAD 1ST READING)
38) 12R-272 Approving an Amendment to the Agreement between
the City of Lincoln on behalf of the Lincoln-
Lancaster County Health Department and the
Nebraska Department of Environmental Quality for
the Health Department's Air Quality Program 105
Workplan to extend the term until December 31,
2012.
Fact Sheet (84K)
Attachment (76K)
39) 12R-276 Approving a Contract Agreement between the City of
Lincoln, Lancaster County, and Lincoln-Lancaster
County Public Building Commission and Cellco
Partnership d/b/a Verizon Wireless for Wireless
Voice Service, Wireless Broadband Service,
Accessories and Equipment pursuant to State of
Nebraska Contract Number 53233 04 for a four year
term.
Fact Sheet (148K)
Attachment (4782K)
40) 12R-277 Approving the Amendment to each of the Agreements
for the annual requirements for In-Home Supportive
Services for the Elderly, pursuant to Bid No. 10-
181, between the City of Lincoln and Tabitha Home
Care Specialties, the City of Lincoln and Arcadia
Health Care, and the City of Lincoln and Elite
Professionals Home Care Company for additional two
year terms.
Fact Sheet (120K)
Attachment (3110K)
41) 12R-278 Approving a Contract Agreement between the City of
Lincoln and Pepsi-Cola of Lincoln for the annual
requirements for City of Lincoln Beverage and
Snack Vending Services, pursuant to RFP Bid No.
12-183 for a five year term with an option to
renew for one additional five year term.
Fact Sheet (162K)
Attachment (6464K)
42) 12R-279 Approving a Contract Agreement between the City of
Lincoln and Houck Transit Advertising for the
annual requirements for Transit Advertising
Services, pursuant to RFP No. 12-237 for a five
year term.
Fact Sheet (192K)
Attachment (6304K)
43) 12R-273 Approving a Preliminary Engineering and National
Environmental Policy Act Services Agreement
between the City of Lincoln and the Schemmer
Associates to establish various duties and funding
responsibilities for a Federal Aid Project for
City Project No. 702671, a Safety Project at North
14th Street and the eastbound off-ramp to U.S.
Highway 6.
Fact Sheet (13K)
Attachment (3410K)
44) 12R-275 Approving a Preliminary Engineering Services
Agreement between the City of Lincoln and the
Schemmer Associates to establish various duties
and funding responsibilities for a Federal Aid
Project for the Lincoln Stonebridge Trail Project,
NDOR No. ENH-55(177), Control No. 13213, generally
located near 14th Street and Alvo Road.
Fact Sheet (99K)
Attachment (2269K)
45) 12R-274 Waiver No. 12020 - Appeal of Marc Schniederjans on
behalf of Hamann Meadows Townhomes, LLC from the
Planning Commission denial of their request to
waive the requirement of §26.23.125 of the
Land Subdivision Ordinance for pedestrian way
associated with a block length in excess of 1,000
feet on property generally located between Crystal
Court and Diamond Court approximately one block
northeast of the intersection of Pioneers Blvd.
and South 76th Street.
Fact Sheet (3698K)
46) 12R-280 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of November 1 -
15, 2012.
Fact Sheet (10K)
Attachment (24K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (SEE ITEM #56, BILL NO. 12R-194)
47) 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)
48) 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)
49) 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)
50) 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)
51) 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)
52) 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)
53) 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)
54) 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)
55) 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)
56) 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.) (Request to remove from Pending for
Public Hearing on 12/3/12)(Related Items:
12-149, 12R-194)
(REMOVED FROM PENDING FOR P.H. ON 12/3/12, 6-0)
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 7:11 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