City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 11, 2013 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT SCHIMEK
MAYOR'S AWARD OF EXCELLENCE
FOR THE MONTH OF JANUARY 2013 WAS PRESENTED TO
CALEB WHISENHUNT, BUS OPERATOR FOR THE STARTRAN DIVISION
OF PUBLIC WORKS & UTILITIES DEPARTMENT
IN THE CATEGORY OF VALOR
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) Report from the City Treasurer of the 3rd Quarter
2012 PEG fee from Time Warner Cable.
(PLACED ON FILE)
2) Report from City Treasurer of franchise tax for
the month of January, 2013 from Black
Hills/Nebraska Gas Utility Co., LLC.
(PLACED ON FILE)
3) Report from City Treasurer of E911 surcharge for
the time period October, 2012 through January,
2013. (PLACED ON FILE)
4) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
February 25, 2013. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
5) REFERRALS TO THE PLANNING DEPARTMENT:
Special Permit No. 11022A - Requested by
Gana Trucking and Excavating for the excavation of
soil on property generally located at NW 48th
Street and Highway 34.
Special Permit No. 11033A - Requested by
REGA Engineering Group, Inc. for an amendment for
a Neighborhood Support Services facility on
property generally located at N. 33rd Street and
Overland Trail.
Text Amendment No. 13003 - Requested by the
Director of Public Works & Utilities amending
Title 27 of the Lincoln Municipal Code (Zoning
Ordinance) by amending Chapter 27.52, Flood
Regulations for Existing Urban Area, and Chapter
27.53, Flood Regulations for Existing New Growth
Areas, to provide new dates associated with the
approval of the effective floodplains for the City
as a FEMA requirement for the National Flood
Insurance Program.
Text Amendment No. 13004 - Requested by the
Director of Public Works & Utilities amending
Title 26 of the Lincoln Municipal Code (Land
Subdivision Ordinance) by amending Chapter 26.24,
Flood Regulations for Existing Urban Area, and
Chapter 26.25, Flood Regulations for New Growth
Area, to provide new dates associated with the
approval of the effective flood plains for the
City as a FEMA requirement for the National Flood
Insurance Program.
6) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Waiver No. 12023 approved by the Planning
Director on February 26, 2013 requested by Lincoln
Federal Savings Bank to extend the time for two
years to install sidewalks for Northview 7th
Addition. The improvements shall be completed by
February 26, 2015. Property is generally located
at N. 24th Street and Northview Road.
Administrative Amendment No. 13003 approved
by the Planning Director on February 27, 2013
requested by Fire Brothers Development, LLC to
extend the time for two years to install street
trees for Baron's Ridge 3rd Addition and landscape
screen for Baron's Ridge 1st Addition. The
improvements shall be completed by February 27,
2013. Property is generally located at NW 1st
Street and Highland Boulevard.
Administrative Amendment No. 13008 to
Change of Zone No. 05004A, Pine Garden Planned
Unit Development, approved by the Planning
Director on February 27, 2013 requested by ESP,
Inc. to delineate building envelopes for Lots 2
and 3, Block 1, to reallocate commercial floor
area to Lot 2, and to revise General Notes 1 and 2
accordingly, on property generally located at the
northwest corner of S. 84th Street and Old Cheney
Road.
7) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
8) Application of RAWHUBS, LLC dba Lincoln Meadows
for a Class I liquor license at 3235 North 35th
Street. (ADOPTED FOR APPROVAL, 6-0; A-87245)
9) Manager application of Linda J. Wilson-Weichbrodt
for RAWHUBS, LLC dba Lincoln Meadows at 3235 North
35th Street. (ADOPTED FOR APPROVAL, 6-0; A-87246)
10) Application of Coyote Willy's Inc. dba Coyote
Willy's for a Class I liquor license at 2137
Cornhusker Highway. (ADOPTED FOR APPROVAL, 6-0;
A-87247)
11) Manager application of David L. Duffek for Coyote
Willy's Inc. dba Coyote Willy's at 2137 Cornhusker
Highway. (ADOPTED FOR APPROVAL, 6-0; A-87248)
12) Application of Lincoln North, LLC dba Pepper Jax
Grill for a Class A liquor license at 1339 O
Street, Suite 2. (ADOPTED FOR APPROVAL, 6-0;
A-87249)
13) Manager application of Erin D. Duensing for
Lincoln North, LLC dba Pepper Jax Grill at 1339 O
Street, Suite 2. (ADOPTED FOR APPROVAL, 6-0;
A-87250)
14) Application of Old Federal Place, LLC dba
Warehouse No. 4 for a Class CK liquor license at
228 North 12th Street. (ADOPTED FOR APPROVAL, 6-0;
A-87251)
15) Manager application of Lisa R. Froehlich for Old
Federal Place, LLC dba Warehouse No. 4 at 228
North 12th Street. (ADOPTED FOR APPROVAL, 6-0;
A-87252)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 16
THRU 22 HAD 2ND READING)
16) 13-32 Change of Zone 13003 - Application of Sigma
Alpha Epsilon Building Association for a
change of zone from R-7 Residential District
to R-7 Residential District with Landmark
Overlay, designating the Sigma Alpha Epsilon
Fraternity House as a Landmark, on property
generally located at 635 North 16th Street.
Fact Sheet (1885K)
Attachment (3616K)
17) 13-33 Vacation 12010 - Vacating the north 12 feet
of the Prescott Avenue right-of-way between
South 48th Street and South 52nd Street.
Fact Sheet (1197K)
18) 13-34 Approving the License Agreement for Parking
between the City of Lincoln and the Salvation
Army for the use of five parking spaces
within the Pentzer Park parking lot generally
located at North 27th Street and Potter
Street.
Fact Sheet (92K)
Attachment (715K)
19) 13-35 Amending the pay schedule for a certain
employee group whose classifications are
assigned to the pay range which is prefixed
by the letter "M" by changing the
classification title of "Division Chief of
Maintenance" to "Division Chief of
Logistics."
Fact Sheet (120K)
20) 13-36 Amending the pay schedule for a certain
employee groups whose classification is
assigned to the pay range which is prefixed
by the letter "M" by creating the
classifications of "Fiber Network and
Infrastructure Manager."
Fact Sheet (113K)
Attachment (131K)
21) 13-37 Amending the pay schedule for a certain
employee group whose classification is
assigned to the pay range which is prefixed
by the letter "A" by creating the
classifications of "Impact Fee
Administrator."
Fact Sheet (100K)
Attachment (99K)
22) 13-38 Approving the Lease Agreement between the
City of Lincoln and NebraskaLink Holdings,
LLC to occupy space in the City's Lincoln
Technology Improvement District conduit
system for a 20 year term.
Fact Sheet (12K)
Attachment (2000K)
PUBLIC HEARING - RESOLUTIONS
23) 13R-61 Waiver 13006 - Application of Pius X High School
to waive the parking lot surfacing requirement,
pursuant to Section 27.67.100(c) of the Lincoln
Municipal Code, on property generally located at
the northwest corner of Eldon Drive and A Street.
(ADOPTED, 6-0; A-87253)
Fact Sheet (1221K)
24) 13R-62 Amending the Lincoln-Lancaster County Air
Pollution Control Regulations and Standards to
modify emissions fees for regulated air
pollutants. (ADOPTED, 6-0; A-87254)
Fact Sheet (305K)
Attachment (19K)
25) 13R-63 Approving appropriations in the amount of
$41,741.00 from the operation of keno lottery
funds for various human services (round 37) and
allocating $5,000.00 to the 2013 H.S. Emergency
Fund for a total of $46,741.00.
(ADOPTED, 6-0; A-87255)
Attachment (103K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
26) 13-27 Vacation No. 12009 - Vacating the north-south
alley between West O Street and West Monroe
Street, east of S.W. 44th Street.
(PASSED, 6-0; #19848)
Fact Sheet (261K)
27) 13-28 Adopting the supplements to the Lincoln
Municipal Code dated June 2012 and December
2012 as part of the official Lincoln
Municipal Code. (PASSED, 6-0; #19849)
Fact Sheet (10K)
28) 13-29 Authorizing the issuance of tax allocation
bonds with a total not to exceed amount of
$2,248,347 for the City of Lincoln, West
Haymarket Redevelopment Project in Downtown
Lincoln. (Related Items: 13-29, 13R-54,
13-R-55, 13R-60) (Action Date: 3/11/13)
(MTA #1 ADOPTED, 6-0; PASSED AS AMENDED, 6-0;
#19850)
Motion To Amend (142K)
29) 13R-54 Approving an amendment to the FY 12/13 CIP to
authorize and appropriate $2,248,347 in TIF funds
for the P Street and Canopy Street Redevelopment
Project on private property generally located on
the northeast quarter of the block between the
future Canopy Street and the future Pinnacle Arena
Drive, and O and P Street, and public property and
rights of way in West Haymarket in Downtown
Lincoln. (Related Items: 13-29, 13R-54, 13R-55,
13R-60) (Action Date: 3/11/13) (ADOPTED, 5-1;
CARROLL, COOK, EMERY, ESKRIDGE, HINKLEY ASSENTING;
CAMP DISSENTING; A-87256)
Fact Sheet (130K)
30) 13R-55 Approving the West Haymarket P Street and Canopy
Street Redevelopment Project Redevelopment
Agreement between Project Oscar, LLC and the City
relating to the redevelopment of property on
private property generally located on the
northeast quarter of the block between the future
Canopy Street and the future Pinnacle Arena Drive,
and O and P Street, and public property and rights
of way in West Haymarket in Downtown Lincoln.
(Related Items: 13-29, 13R-54, 13R-55, 13R-60)
(Action Date: 3/11/13) (MTA #1 ADOPTED, 6-0;
ADOPTED AS AMENDED, 6-0; A-87257)
Fact Sheet (12K)
Attachment (1984K)
Motion To Amend (1837K)
31) 13R-60 Approving the issuance of not to exceed
$30,000,000 of General Obligation Facility Bonds
of the West Haymarket Joint Public Agency for the
purpose of financing the costs of constructing two
parking garages (Deck 2 and Deck 3) in the West
Haymarket Redevelopment Area of the City of
Lincoln. (Related Items: 13-29, 13R-54, 13R-55,
13R-60) (Action Date: 3/11/13) (MTA #1 ADOPTED, 6-0;
ADOPTED AS AMENDED, 6-0; A-87258)
Fact Sheet (12K)
Motion To Amend (21K)
32) 13-30 Authorizing the purchase agreement for the
sale of surplus property generally located at
18th and Q Streets in Downtown Lincoln to the
University of Nebraska Board of Regents.
(Related Items: 13-30, 13-31, 13R-56, 13R-57)
(Action Date: 3/11/13) (MTA #1 ADOPTED, 6-0;
PASSED AS AMENDED, 6-0; #19851)
Fact Sheet (84K)
Attachment (34K)
Motion To Amend (477K)
33) 13-31 Authorizing the issuance of tax allocation
bonds with a total not to exceed amount of
$4,304,577 for the City of Lincoln, 18th and
Q Redevelopment Project in Greater Downtown
Lincoln. (Related Items: 13-30, 13-31,
13R-56, 13R-57) (Action Date: 3/11/13)
(PASSED, 6-0; #19852)
34) 13R-56 Approving an amendment to the FY 12/13 CIP to
authorize and appropriate $4,304,577 in TIF funds
for the 18th and Q Redevelopment Project on
private property generally located in the block
bounded by 18th Street and Antelope Valley
Parkway, and Q and R Street, and adjacent rights
of way in Greater Downtown Lincoln. (Related
Items: 13-30, 13-31, 13R-56, 13R-57) (Action Date:
3/11/13) (ADOPTED, 6-0; A-87259)
Fact Sheet (129K)
35) 13R-57 Approving the 18th and Q Redevelopment Project
Agreement between AF-18R-Lincoln and the City
relating to the redevelopment of property on
private property generally located on the block
bounded by 18th Street and Antelope Valley
Parkway, and Q and R Streets, and adjacent rights
of way in Greater Downtown Lincoln. (Related
Items: 13-30, 13-31, 13R-56, 13R-57) (Action Date:
3/11/13) (MTA #1 ADOPTED, 6-0; ADOPTED AS
AMENDED, 6-0; A-87260)
Fact Sheet (12K)
Attachment (2422K)
Motion To Amend (2380K)
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 36
& 37 HAD 1ST READING)
36) 13-39 Approving a Lease between the City of Lincoln
and Tanya A. Porter and Damian A. Porter for
the lease of approximately 3,850 square feet
at the southwest corner of the ground level
of the Centrum Parking Garage, generally
located at 1100 N Street, for use as a day
care facility for a five year term with an
option to renew the Lease for an additional
five year term.
Fact Sheet (126K)
Attachment (644K)
37) 13-40 Amending Chapter 4.16 of the Lincoln
Municipal Code relating to hospital board by
amending Section 4.16.007 to establish a
procedure for invading the corpus of the Fund
in the event of a public health emergency;
amending Section 4.16.010 of the Code to
clarify that ex officio members of the Board
of Trustees of the Community Health Endowment
shall be entitled to vote; removing the
prohibition that prevents the director of an
acute care hospital in Lincoln from serving
on the Board of Trustees and adding a
prohibition against elected officials serving
on the Board of Trustees; and providing that
members other than ex officio members may not
serve more than two successive terms on the
Board of Trustees, except for members who are
appointed to fill a vacancy on the Board;
amending Section 4.16.050 to remove language
that was only applicable to the original
appointment of the Board at its inception;
and amending 4.16.060 to change the title of
the executive director of the Community
Health Endowment to President/CEO.
Fact Sheet (15K)
RESOLUTIONS - 1ST READING (ITEMS 38 & 39 HAD 1ST READING)
38) 13R-64 Reappointing Catherine Beecham and Berwyn Jones to
the Historic Preservation Commission for terms
expiring April 15, 2016.
39) 13R-65 Reappointing Jon Camp to the District Energy
Corporation for a term expiring December 31, 2014.
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (SEE ITEM #42, ALL OTHER ITEMS EXTENDED ONE WEEK)
40) 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)
41) 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)
42) 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) (WITHDRAWN, 6-0; #38-4632)
43) 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)
44) 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)
45) 13-16B Vacating the north 4 feet of Q Street between
North 18th Street and N. Antelope Valley
Parkway; and the south 4 feet of R Street between
North 18th Street and N. Antelope Valley
Parkway. (2/25/13 - Placed on Indefinite
Pending)
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 MARCH ARE THE 11TH AND 25TH.
ADJOURNMENT 4:57 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