City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 14, 2013 AT 3:00 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO MEETING THE WEEK OF JANUARY 21
MARTIN LUTHER KING DAY OBSERVED
MAYOR'S AWARD OF EXCELLENCE
FOR THE MONTH OF DECEMBER 2012 WAS PRESENTED TO A
TEAM OF INVESTIGATORS FROM THE TECHNICAL INVESTIGATION UNIT
OF THE POLICE DEPARTMENT CONSISTING OF
DONALD FOSLER AND KRISSA KNOPIK
IN THE CATEGORIES OF CUSTOMER RELATIONS AND PRODUCTIVITY
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) 13R-6 Reappointing Andrew Budell to the Board of
Zoning Appeals for a term expiring February
1, 2017. (ADOPTED, 7-0; A-87158)
2) 13R-7 Appointing Randall Gordon to the Community
Forestry Advisory Board for a term expiring
August 17, 2015. (ADOPTED, 7-0; A-87159)
Attachment (85K)
3) 13R-8 Appointing Eric T. Hoke to the Citizen Police
Advisory Board for a term expiring November
17, 2014. (ADOPTED, 7-0; A-87160)
Attachment (73K)
4) 13R-9 Reappointing Jerry L. Hudgins, Vicki Huff and
Marilyn McNabb to the Lincoln Electric System
Administrative Board for terms expiring
December 31, 2015. (P.H. W/ACTION CON'T 2 WEEKS
TO 01/28/13, 7-0)
5) 13R-10 Appointing Trenton Reed to the Parks and
Recreation Advisory Board for a term expiring
April 27, 2014. (ADOPTED, 7-0; A-87161)
Attachment (77K)
6) 13R-11 Reappointing Ruthelen G. Sittler and Barry Moore
to the Aging Partners Area Agency on Aging
Areawide Advisory Council for terms expiring July
1, 2015. (ADOPTED, 7-0; A-87162)
7) 13R-12 Appointing Sharon L. Busch to the Aging Partners
Area Agency on Aging Areawide Advisory Council for
a term expiring July 1, 2014. (ADOPTED, 7-0; A-87163)
Attachment (71K)
8) Report from City Treasurer of E911 surcharge for
the time period November 1, 2012 through November
30, 2012. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
9) REFERRALS TO THE PLANNING DEPARTMENT:
Change of Zone No. 12037 - Requested by the
Director of Planning, from P Public Use District
to B-4 Lincoln Center Business District and I-1
Industrial District; and from B-4 Lincoln Center
Business District, R-4 Residential District, R-6
Residential District, I-1 Industrial District and
H-3 Highway Commercial District to P Public Use
District, on property generally bounded by
Cornhusker Highway to P Street and North
10th Street to North 23rd Street,
Lincoln, Lancaster County, Nebraska.
Change of Zone No. 12040 - Requested by Derek
Zimmerman, from R-2 Residential District to H-3
Highway Commercial District, on property legally
described as the west 74' of Lot 1; Lots 2 and 3
except the west 7'; and the west 74' of Lot 4 and
½ vacated Nelson Street adjacent; all in
Block 35, Washington Heights, located in the SW
1/4 of Section 12-10-6, Lancaster County,
Nebraska, generally located at N. 14th
Street and Knox Street.
Special Permit No. 1584A - Requested by Sue
and Drake Oltman, to expand an early childhood
care facility to accommodate an additional 15
children, on property legally described as Lot 1,
Block 2, Tyler Ranch, located in the NW 1/4 of
Section 33-10-6, Lancaster County, Nebraska,
generally located at S. Coddington Avenue and West
A Street (1400 SW 22nd Street). The
Planning Commission action is final action, unless
appealed to the City Council.
Special Permit No. 12040 - Requested by Derek
Zimmerman, for an outdoor area for 3 or less
animals associated with a veterinary facility, on
property legally described as the west 74' of Lot
1; Lots 2 and 3 except the west 7'; and the west
74' of Lot 4 and ½ vacated Nelson Street
adjacent; all in Block 35, Washington Heights,
located in the SW 1/4 of Section 12-10-6,
Lancaster County, Nebraska, generally located at
N. 14th Street and Knox Street. The
Planning Commission action is final action, unless
appealed to the City Council.
10) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 12061 to Special
Permit No. 277I, Pine Lake Community Unit Plan,
approved by the Planning Director on January 7,
2013, requested by Benjamin Hynek, to adjust the
side yard setback adjacent to the north lot line
of Lot 25, Pine Lake Addition, from 15' to 10'.
The adjustment applies only for the extent of the
approximate 4' x 18' proposed addition, otherwise
the setback is not adjusted for the remainder of
the side yard and it remains at 15'. At the
request of the applicant, this approval supersedes
the previous approval of December 7, 2012.
Property is generally located near S.
84th St. and Pine Lake Rd.
Administrative Amendment No. 12067 to Special
Permit No. 207C, Homestead Health Care, approved
by the Planning Director on January 7, 2013,
requested by Architectural Design Associates, to
allow an addition to the existing nursing home and
revise the existing parking lot, on property
generally located at S. 54th St. and
LaSalle St.
11) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 12 THRU 14 HAD 2ND READING)
12) 13-1 Amending Chapter 24.05 of the Lincoln Municipal
Code, the Lincoln Gas Piping Systems Code, by
amending Section 24.05.010 to provide that
Standards 54 and 58 of the 1992 National Fire
Protection Association (NFPA) Standards as amended
from time to time shall be considered part of the
Lincoln Gas Piping Code; amending Section
24.05.260 to provide examinations for master or
journeyman gas fitters shall be held at dates,
times and places as may be determined by the
Director of Building and Safety upon at least 14
days notice thereof; amending Section 24.05.350 to
increase certain examination and registration
fees; and amending Section 24.05.380 to increase
certain permit fees.
Fact Sheet (114K)
13) 13-2 Amending Chapter 8.16 of the Lincoln Municipal
Code, Contagious and Infectious Diseases, by
repealing Sections 8.16.010, 8.16.020, 8.16.030,
8.16.040, 8.16.050, 8.16.060, 8.16.070, 8.16.080,
and 8.16.090 in their entirety.
Fact Sheet (97K)
14) 13-3 Amending Chapter 8.24 of the Lincoln Municipal
Code, Lincoln's Noise Control Ordinance, by
amending Section 8.24.080 to change requirements
for reports; amending Section 8.24.140 to clarify
exemption provisions related to government
activities; and amending Section 8.24.150 to
update provisions for appeal procedures.
Fact Sheet (94K)
PUBLIC HEARING - RESOLUTIONS
15) 13R-15 Renaming the park at 7th and Q Street currently
known as "Iron Horse Park" to "Bill Harris Iron
Horse Park." (ADOPTED, 7-0; A-87164)
Fact Sheet (125K)
16) 13R-19 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of December 1 -
31, 2012. (ADOPTED, 7-0; A-87165)
Fact Sheet (10K)
Attachment (27K)
17) 13R-4 Approving a Contract Agreement between the
City of Lincoln and Whitehead Oil Company for
the Annual Supply of Motor Fuels, pursuant to
Bid No. 12-225, for a two year term with the
option to renew for one additional two year
term upon the terms set forth in said
contract. (ADOPTED, 7-0; A-87166)
Fact Sheet (134K)
Attachment (11209K)
18) 13R-2 Approving the Amendment to renew each of the
Agreements for the annual Supply of Police
Clothing, pursuant to Bid No. 10-171, between
the City of Lincoln and Southern Uniform and
Equipment, Alamar Uniforms, and Galls Inc.
for additional two year terms upon the terms
set forth in said Amendments. (ADOPTED, 7-0;
A-87167)
Fact Sheet (232K)
Attachment (681K)
19) 13R-1 Approving a Contract for Construction Design
Services between the City of Lincoln and
Olsson Associates for engineering and related
professional services for the construction
design of two bioretention water quality
features upstream from South Street in
Antelope Park, City Project No. 705335c.
(ADOPTED, 7-0; A-87168)
Fact Sheet (12K)
Attachment (1180K)
20) 13R-3 Approving an Agreement between the City of
Lincoln and Havelock Business Association for
the replacement of the Havelock Sign in the
southeast corner of the intersection of
Superior Street, Cornhusker Highway and
Havelock Avenue. (ADOPTED, 7-0; A-87169)
Fact Sheet (125K)
Attachment (3391K)
21) 13R-5 Approving a Conservation Easement Agreement
between Lancaster County Agricultural
Society, Inc., the City of Lincoln and the
Lower Platte South Natural Resources District
to preserve and protect floodplains,
wetlands, natural drainageways, and tree
masses over 7.83 acres of property generally
located at North 84th Street and Havelock
Ave. (ADOPTED, 7-0; A-87170)
Fact Sheet (94K)
Attachment (501K)
22) 13R-13 Comp. Plan Amendment 12004 - Amending the 2040
Lincoln-Lancaster County Comprehensive Plan by
changing the Lancaster County and Lincoln Area
Future Land Use Plans from Green Space to
Industrial on approximately 11 acres of property
at N.W. 44th Street and W. Webster Street.
(ADOPTED, 7-0; A-87171)
Fact Sheet (360K)
23) 13R-14 Misc. No. 12014 - Declaring the 18th and Q Streets
Redevelopment Area, an approximately 4.7 acres
generally bounded by Q Street, R Street, N. 18th
Street and N. Antelope Valley Parkway, as blighted
and substandard. (ADOPTED, 6-1; CARROLL, COOK, EMERY,
ESKRIDGE, HINKLEY, SCHIMEK ASSENTING; CAMP DISSENTING;
A-87172)
Fact Sheet (223K)
Attachment (4840K)
24) 13R-16 Approving a Funding Agreement between the City and
the Nebraska Dept. of Roads for the use of Federal
Surface Transportation Program Funds for
construction engineering costs for the S.W. 40th
Street Project (State Project No. STPN-BR-TMT-
5267(1), CN 12744, City Project No. 700132).
(ADOPTED, 7-0; A-87173)
Fact Sheet (13K)
Attachment (2544K)
25) 13R-17 Approving a Construction Engineering Services
Agreement between the City and the Nebraska Dept.
of Roads for the use of Federal Surface
Transportation Program Funds for construction
engineering costs for the 27th and Leighton
Viaduct Project (State Project No. LCLC-5231(13),
CN 13137, City Project No. 540023). (ADOPTED, 7-0;
A-87174)
Fact Sheet (13K)
Attachment (2135K)
26) 13R-18 Approving a Program Agreement between the City and
the Nebraska Dept. of Roads for the use of Federal
Transportation Program Funds for preliminary
engineering, right-of-way expenses, construction,
and construction engineering costs for the 10th
and Salt Creek Bridge Project (State Project No.
LCLC-5215(3), CN 13233, City Project No. 540027).
(ADOPTED, 7-0; A-87175)
Fact Sheet (13K)
Attachment (1935K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
27) 12-158 Approving the First Amendment to Management
Agreement between the City of Lincoln and SMG to
amend the Management Agreement dated June 7, 2012
to define pre-opening expenses and adopt a budget
for pre-opening expenses, to modify and clarify
SMG's insurance obligations as Reimbursable
Expenses and to amend the commencement date of the
term. (PASSED, 7-0; #19820)
Fact Sheet (12K)
Attachment (457K)
28) 12-157B Amending Section 17.08.070 to reflect the renaming
of Bill Harris Iron Horse Park. (12/17/12 - To
have Action only on 1/14/13) (MTA #1 ADOPTED, 7-0;
PASSED AS AMENDED, 7-0; #19821)
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 29 THRU 35 HAD 1ST READING)
29) 13R-21 Approving Legends Bar & Grill as a Keno satellite
site at 8300 Northwoods Drive.
Fact Sheet (95K)
30) 13R-22 Authorizing a request to the State of Nebraska,
Board of Public Roads Classifications and
Standards, for relaxation of the Minimum Design
Standards to allow ten foot wide lanes in North
33rd Street from P Street to Holdrege Street, City
Project 701775.
Fact Sheet (13K)
Attachment (15738K)
31) 13R-23 Approving a fee for the Lift Assist service
performed by Lincoln Fire and Rescue in the amount
of $250.00, pursuant to Section 2.20.200 of the
Lincoln Municipal Code.
Fact Sheet (87K)
32) 13R-24 Approving a Consultant Agreement between the City
of Lincoln and Ameritas Investment Corp. for
Financial Consulting Services for professional
assistance in the issuance of debt securities by
the City for a four year term.
Fact Sheet (94K)
Attachment (743K)
33) 13R-25 Approving five Contract Agreements between the
City of Lincoln, Lancaster County and the
Lincoln-Lancaster County Public Building
Commission and All Makes Office Equipment, AOI
Corporation, Office Interiors & Design, Pay-Less
Office Products and Staples, Inc. for the annual
supply of Office Seating, pursuant to Bid No.
12-249, for four-year terms with the option to
renew for one additional four-year term.
Fact Sheet (159K)
Attachment (19736K)
34) 13R-27 Approving two Contract Agreements between the City
of Lincoln and Lesoing's Inc. and Stephenson Truck
Repair, Inc. for the annual requirements for
Automotive Paint and Body Work, pursuant to Quote
No. 3997, for two year terms with the option to
renew for one additional two-year term.
Fact Sheet (150K)
Attachment (9745K)
35) 13R-26 Appointing Mandy R. Hatcher to the Veterans
Memorial Advisory Council for a term expiring
November 1, 2015.
Attachment (69K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENED TWO WEEKS)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
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 JANUARY ARE THE 14TH & 28TH.
ADJOURNMENT 5:26 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