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, 5-0; EMERY, HORNUNG ABSENT)
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 14, 2011 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT EMERY AND HORNUNG
THERE WILL BE NO MEETING THE WEEK OF NOVEMBER 28
IN OBSERVANCE OF THANKSGIVING HOLIDAY
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) 11R-267 Appointing Michael DeKalb to the StarTran
Advisory Board to fill an unexpired term
expiring October 20, 2012.
(ADOPTED, 5-0; A-86579)
Attachment (74K)
2) 11R-268 Reappointing Stephen Speicher to the StarTran
Advisory Board for a three-year term expiring
October 20, 2014. (ADOPTED, 5-0; A-86580)
Attachment (841K)
3) 11R-276 Approving the reappointment of Dick Esseks to
the Lincoln-Lancaster County Planning Commission
for a six-year term expiring on August 24, 2017.
(ADOPTED, 5-0; A-86581)
4) 11R-277 Approving the appointment of Chris Hove and Greg
Butcher to the Lincoln-Lancaster County Planning
Commission for terms to expire on August 24,
2017; and, approving the appointment of Ken
Weber to the Lincoln-Lancaster County Planning
Commission for a term to expire on September 24,
2013. (ADOPTED, 5-0; A-86582)
Attachment (281K)
5) Resolution setting the hearing date of Monday,
December 5, 2011, at 3:00 p.m. on the assessment
of building demolition located on property at
2011 South 19th Street, legally described as
Harwoods Addition, Block 3, Lot 2, Lincoln,
Lancaster County, Nebraska.
(ADOPTED, 5-0; A-86583)
6) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on October 31, 2011. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
7) Setting the hearing date of Monday, December 5,
2011 at 3:00 p.m. for the application of TLR,
Inc. dba Pioneers Golf Course to upgrade from a
Class A to a Class C liquor license located at
3403 W. Van Dorn. (ADOPTED, 5-0; A-86584)
8) Setting the hearing date of Monday, December 5,
2011 at 3:00 p.m. for the application of TLR,
Inc. dba Holmes Golf Course to upgrade from a
Class A to a Class C liquor license located at
3701 South 70th Street. (ADOPTED, 5-0; A-86585)
9) Setting the hearing date of Monday, December 5,
2011 at 3:00 p.m. for the application of Denis
M. Vontz dba Mahoney Golf Course for a Class I
liquor license located at 7900 Adams Street.
(ADOPTED, 5-0; A-86586)
10) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 11057 to
Special Permit No. 11010 approved by the
Planning Director on November 2, 2011 requested
by ESP, Inc. to rescind the special permit for a
limited landfill on property generally located
at NW 48th St. and Highway 34.
Administrative Amendment No. 11058 to
Special Permit No. 1481 and Special Permit No.
1481A approved by the Planning Director on
November 2, 2011 requested by ESP, Inc. to
rescind the special permits for a heritage
center on property generally located at NW 48th
St. and Highway 34.
11) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
12) Application of Wicked Smoke, Inc. dba Wicked
Smoke for a Class D liquor license at 1603 West
O Street. (ADOPTED FOR APPROVAL, 5-0;
A-86587)
13) Manager application of Mellissa J. Austin
for Wicked Smoke, Inc. dba Wicked Smoke at
1603 West O Street. (ADOPTED FOR APPROVAL, 5-0;
A-86588)
14) Application of Blue Blood Brewing Company dba
Blue Blood Brewing for a Class L liquor license
(Craft Brewery) at 500 W. South Street, Suite 8.
(ADOPTED FOR APPROVAL, 5-0; A-86589)
15) Manager application of Brian C. Podwinski for
Blue Blood Brewing Company dba Blue Blood
Brewing at 500 W. South Street, Suite 8.
(ADOPTED FOR APPROVAL, 5-0; A-86590)
16) Application of Grata LLC dba Grata for a Class
CK liquor license at 6891 A Street, Suite 108.
(ADOPTED FOR APPROVAL WITH AN AMENDMENT, 4-1;
CAMP, CARROLL, ESKRIDGE, SCHIMEK ASSENTING;
COOK DISSENTING; A-86591)
17) Manager application of Justin A. Heider for
Grata LLC dba Grata at 6891 A Street, Suite 108.
(ADOPTED FOR APPROVAL WITH AN AMENDMENT, 4-1;
CAMP, CARROLL, ESKRIDGE, SCHIMEK ASSENTING;
COOK DISSENTING; A-86592)
18) Application of C & RV, LLC dba Misty's for a
Class CK liquor license at 3930 Village Drive.
(ADOPTED FOR APPROVAL, 5-0; A-86593)
19) Manager application of Chad W. Carlson for C &
RV, LLC dba Misty's at 3930 Village Drive.
(ADOPTED FOR APPROVAL, 5-0; A-86594)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
20) 11R-269 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, 2011. (ADOPTED, 5-0; A-86595)
Fact Sheet (14K)
Attachment (20K)
21) 11R-270 Approving a Contract for Services between the
City of Lincoln and Cada, Froscheiser, Cada and
Hoffman for collection litigation service with
regard to debt collection for Lincoln Fire and
Rescue with a contingent fee for a four year
term and reporting a conflict in that Ed
Hoffman, a partner in said law firm, is married
to City of Lincoln employee Pam Hoffman, a
Senior Office Assistant in the Risk Management
Division. (ADOPTED, 5-0; A-86596)
Fact Sheet (18K)
Attachment (465K)
22) 11R-271 Comp. Plan Conformance 11010 - Adopting and
approving the "Yolande Avenue Redevelopment
Plan" for approximately 96.6 acres comprised
predominantly of commercial and industrial land
uses generally located between Cornhusker
Highway and Salt Creek from approximately North
14th Street to approximately North 24th Street.
(ADOPTED, 5-0; A-86597)
Fact Sheet (241K)
Attachment (1970K)
23) 11R-272 Re-adopting the Water System Impact Fee
Schedule, Water Distribution Impact Fee
Schedule, Wastewater Impact Fee Schedule,
Arterial Street Impact Fee Schedule, and
Neighborhood Park and Trail Impact Fee Schedule
without any adjustment for inflation for 2012.
(ADOPTED, 4-1; CAMP, CARROLL, ESKRIDGE,
SCHIMEK ASSENTING; COOK DISSENTING; A-86598)
Fact Sheet (18K)
24) 11R-273 Approving a Preliminary Engineering and National
Environmental Policy Act (NEPA) Services
Agreement between the City of Lincoln and Alfred
Benesch & Company setting out the various duties
and fees for the Federal Aid Safety Project at
Coddington Avenue and West Van Dorn Street.
(ADOPTED, 5-0; A-86599)
Fact Sheet (12K)
Attachment (3787K)
25) 11R-274 Approving a Service Agreement for Golf
Professionals between the City of Lincoln on
behalf of the Lincoln Parks and Recreation
Department and Timothy Rowland for the operation
of Pioneers Golf Course for a three and one-half
year period with the option to renew for one
additional three-year term.
(ADOPTED, 5-0; A-86600)
Fact Sheet (142K)
Attachment (988K)
26) 11R-278 Approving a Service Agreement for Golf
Professionals between the City of Lincoln on
behalf of the Lincoln Parks and Recreation
Department and Timothy Rowland for the operation
of Holmes Golf Course for a one and one-half
year period. (ADOPTED, 5-0; A-86601)
Fact Sheet (120K)
27) 11R-275 Approving a Service Agreement for Golf
Professionals between the City of Lincoln on
behalf of the Lincoln Parks and Recreation
Department and Denis M. Vontz for the operation
of Highlands Golf Course and Mahoney Golf Course
for a three and one-half year period with the
option to renew for one additional three-year
term. (ADOPTED, 5-0; A-86602)
Fact Sheet (111K)
Attachment (1045K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 28
THRU 34 HAD 1ST READING)
28) 11-172 Change of Zone 11036 - Application of Robert and
Sally Schmieding for a change of zone from R-2
Residential District to R-5 Residential District
on property generally located at North 40th
Street and Frederick Circle.
Fact Sheet (653K)
29) 11-173 Change of Zone 11037 - Application of the
Planning Director for a change of zone from R-4
Residential District to B-2 Planned Neighborhood
Business District on property generally located
at North 86th Street and Lexington Avenue.
Fact Sheet (585K)
30) 11-175 Vacation No. 11009 - Vacating Bancroft Avenue
from South 49th Street to South 51st Street and
South 51st Street from Calvert Street to
Bancroft Avenue.
Fact Sheet (709K)
31) 11-176 Amending Title 24 of the Lincoln Municipal Code
by adding a new Chapter 24.10 to adopt the 2009
edition of the Uniform Plumbing Code, with
amendments, additions and deletions thereto,
regulating and controlling the design,
construction, quality of materials, erection,
installation, alteration, repair, location,
relocation, replacement, addition to, use or
maintenance of any plumbing system in the City
of Lincoln; providing for the issuance of
permits and collection of fees therefor; and
repealing Chapter 24.12 of the Lincoln Municipal
Code as hitherto existing.
Fact Sheet (111K)
32) 11-177 Amending Chapter 25.10 of the Lincoln Municipal
Code, the Lincoln Fuel Gas Code, by
amending and adding certain sections to
said Chapter 25.10 to adopt the 2009
International Fuel Gas Code regulating and
governing fuel gas systems and gas-fired
appliances in the City of Lincoln and providing
for the issuance of permits and collection of
fees therefor.
Fact Sheet (118K)
33) 11-178 Amending Chapter 25.04 of the Lincoln Municipal
Code, the Lincoln Mechanical Code to adopt the
2009 edition of the International Mechanical
Code (IMC), with amendments, additions and
deletions thereto.
Fact Sheet (121K)
34) 11-179 Approving an Energy Grant Interlocal Agreement
between the City of Omaha and the City of
Lincoln to accomplish residential and commercial
upgrades in Lincoln under the ReEnergize
Program, funded by the U.S. Department of Energy
"Better Buildings Program."
Attachment (79K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
35) 11-165 Amending Chapter 2.62 of the Lincoln Municipal
Code relating to the Police and Fire Pension
Plans A, B and C, respectively, by amending
Section 2.62.120 relating to Trustee to Trustee
Transfers to provide, in the case of an eligible
rollover distribution, for separate accounting
for taxable and non-taxable amounts and amending
Section 2.62.230 relating to Qualified
Retirement Plan to provide that a member shall
be 100% vested upon attainment of requirements
for an age and service retirement and to provide
that a deceased member's military service be
counted for vesting purposes.
(PASSED, 5-0; #19647)
Fact Sheet (102K)
36) 11-166 Amending Chapter 2.65 of the Lincoln Municipal
Code relating to the Police and Fire Pension
Plans A, B and C, respectively, by amending
Section 2.65.120 relating to Trustee to Trustee
Transfers to provide, in the case of an eligible
rollover distribution, for separate accounting
for taxable and non-taxable amounts and amending
Section 2.65.220 relating to Qualified
Retirement Plan to provide that a member shall
be 100% vested upon attainment of requirements
for an age and service retirement and to provide
that a deceased member's military service be
counted for vesting purposes.
(PASSED, 5-0; #19648)
Fact Sheet (108K)
37) 11-167 Amending Chapter 2.66 of the Lincoln Municipal
Code relating to the Police and Fire Pension
Plans A, B and C, respectively, by amending
Section 2.66.095 relating to Trustee to Trustee
Transfers to provide, in the case of an eligible
rollover distribution, for separate accounting
for taxable and non-taxable amounts and amending
Section 2.66.200 relating to Qualified
Retirement Plan to provide that a member shall
be 100% vested upon attainment of requirements
for an age and service retirement and to provide
that a deceased member's military service be
counted for vesting purposes.
(PASSED, 5-0; #19649)
Fact Sheet (101K)
38) 11-168 Repealing Chapter 8.12 of the Lincoln Municipal
Code relating to Small Family Child Care Home.
(PASSED, 5-0; #19650)
Fact Sheet (117K)
39) 11-171 Approving a Sublease Agreement Amendment #1 to
renew an existing Sublease between the city on
behalf of the Lincoln Police Department & the
State of Nebraska on behalf of the Nebraska
State Patrol for a five year term.
(PASSED, 5-0; #19651)
Fact Sheet (44K)
Attachment (3071K)
40) 11-157 Change of Zone 11035 - Application of R.I.P.,
Inc. for a change of zone from R-3 Residential
District to R-5 Residential District on property
generally located at North 24th Street and Dodge
Street. (Related Items: 11-157, 11R-246,
05-188) (Action Date: 10/17/11) (10/10/11 - P.H.
con't. 4 wks. to 11/7/11 w/Action on 11/14/11)
(ACTION DELAYED ONE WK. TO 11/21/11, 5-0)
Fact Sheet (4866K)
41) 11R-246 Special Permit 11023 - Appeal of Landon's
Neighborhood Association and Regalton
Neighborhood Association from the Planning
Commission's conditional approval of its
application for authority to develop the Magic
Hills Community Unit Plan consisting of 96
dwelling units in four buildings and a
clubhouse, on property generally located at
North 24th Street and Dodge Street. (Related
Items: 11-157, 11R-246, 05-188) (Action Date:
10/17/11) (10/10/11 - P.H. con't. 4 wks. to
11/7/11 w/Action on 11/14/11)
(ACTION DELAYED ONE WK. TO 11/21/11, 5-0)
Fact Sheet (1070K)
42) 05-188 Change of Zone 3413 - Application of Landon's
Neighborhood Assoc. for a change of zone from
R-4 Residential to R-2 Residential on property
generally located at N. 24th and Superior
Streets. (12/19/05 - Placed on Pending
Indefinitely) (Request to remove from Pending to
have P.H. on 10/10/11 w/11-157 & 11R-246)
(10/3/11 - To have P.H. on 10/10/11, w/Action on
10/17/11) (Related Items: 11-157, 11R-246, 05-
188) (Action Date: 10/17/11) (10/10/11 - P.H.
con't. 4 wks. to 11/7/11 w/Action on
11/14/11)(ACTION DELAYED ONE WK. TO 11/21/11, 5-0)
Fact Sheet (1465K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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)
48) 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)
49) 10-101 Adopting an amended and restated version of the
City of Lincoln Employees' Retirement Plan and
Trust to provide that the employer contribution
for employees hired in positions and pay ranges
prefixed by the letter "N" on or after September
1, 2010 will be an amount equal to 9% of an
employee's compensation; and to further provide
that the mandatory employee contribution for
employees hired in positions and pay ranges
prefixed by the letter "N" on or after September
1, 2010 will be in an amount equal to 7% of an
employee's compensation. (8/23/10 - Reconsidered
Ordinance No. 19430 - Placed on Pending
Indefinitely)
Fact Sheet (104K)
50) 11R-62 Comp. Plan Conformance 11001 - Approving an
amendment to the Lincoln Star Building
Redevelopment Project, in the Lincoln Center
Redevelopment Plan, to extend the project area
to include the M Street right-of-way from South
7th Street to South 17th Street to allow for
streetscape design and improvements. (3/21/11
- Action Delayed 1 wk. to 3/28/11) (3/28/11 -
Placed on Indefinite Pending)
Fact Sheet (1022K)
Attachment (1001K)
51) 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)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, NOVEMBER 21, 2011, AT 5:30 P.M.
(APPROVED, 5-0)
52) 11R-279 Comp. Plan Conformance No. 11012 - Resolution of
intent to create a Business Improvement District
for the maintenance, repair and reconstruction
of certain public facilities and improvements in
the area of South 48th Street between Calvert
Street and Pioneers Blvd., to be known as the
College View Business Improvement District.
Fact Sheet (506K)
Attachment (332K)
53) 11R-280 Approving a Cooperative Agreement between the
Nebraska Department of Environmental Quality
(NDEQ) and the City of Lincoln regarding State
of Nebraska grant funding from the Stormwater
Management Plan Program.
Fact Sheet (13K)
Attachment (318K)
54) 11R-281 Approving an Agreement between the City and the
University of Nebraska-Lincoln to conduct
stormwater quality analysis to meet the
requirements of the City's NPDES stormwater
permit for a period of one year from January 1,
2012 through December 31, 2012.
Fact Sheet (13K)
Attachment (643K)
55) 11R-282 Approving a labor contract between the City of
Lincoln and the Lincoln Police Union to be
effective August 18, 2011.
Attachment 1 (138K)
Attachment 2 - Redlined Version
56) 11R-283 Approving the selection of Pavers 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
(Project No. LCLC-5230(2)), Lincoln Downtown
Street Resurfacing.
Fact Sheet (13K)
Attachment (628K)
57) 11R-284 Approving the selection of Ballou as lowest
bidder and authorizing execution of the
construction contract between the City and the
Nebraska Dept. of Roads for the use of Federal
Highway Transportation Program funds for Project
LCLC-5249(7), Lincoln City Street Microsurface.
Fact Sheet (13K)
Attachment (260K)
58) 11R-285 Adopting the LES Rate Schedules, Service
Regulations and Cost Analysis Summary for Rates,
providing for a system average rate increase of
3.5%, effective January 1, 2012. (Action
Date: 12/5/11)
Fact Sheet (143K)
Attachment (4260K)
59) 11R-286 Adopting the Lincoln Electric System Annual
Budget for 2012, to become effective January 1,
2012. (Action Date: 12/5/11)
Fact Sheet (146K)
Attachment (5813K)
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 DURING THE MONTH OF
NOVEMBER WHICH WILL BE ON NOVEMBER 21ST AT 5:30 P.M.
ADJOURNMENT 4:20 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