InterLinc Home Page
lincoln.ne.gov
City of Lincoln
City of Lincoln
City Council Office

Formal Agenda


          ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, DECEMBER 12, 2011 AT 3:00 P.M.

                        ALL MEMBERS PRESENT

         THERE WILL BE NO MEETING THE WEEK OF DECEMBER 26 AND
           THE WEEK OF JANUARY 2, 2012 DUE TO THE HOLIDAYS

                    MAYOR'S AWARD OF EXCELLENCE
          FOR THE MONTH OF NOVEMBER 2011 WAS PRESENTED TO
   DAVE ALLDER, SW DISTRICT PARK SUPERVISOR FOR THE PARKS DIVISION
       OF THE PARKS & RECREATION DEPARTMENT IN THE CATEGORIES OF
             CUSTOMER RELATIONS, PRODUCTIVITY AND SAFETY

                            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 City Treasurer of franchise tax for
               the months of August, September and October,
               2011 from Black Hills/Nebraska Gas Utility Co.,
               LLC. (PLACED ON FILE)

 2)            Report from the City Treasurer of franchise tax
               for the period ending September 30, 2011 from
               Time Warner Cable. (PLACED ON FILE)

 3)            Report from City Treasurer of E911 surcharge for
               July 2011: Charter Fiberlink-Nebraska,
               LLC; 3rd Quarter 2011: ACN Comm. Services, 
               Airespring, Inc., Globalinx, TWC Digital Phone; 
               August 2011: 8x8, Inc., AccessLine Comm. 
               Corp., ACN Comm. Services, AT&T Comm. of 
               Midwest, Budget Prepay, Charter
               Fiberlink-Nebraska, LLC, Granite Telecomm.,
               iNetworks Group, Level 3 Comm., Qwest Comm., TWC
               Digital Phone, LLC, Vonage America; September
               2011: 8x8, Inc., AccessLine Comm. Corp., ACN
               Comm. Services, AT&T Comm. of Midwest, Budget
               Prepay, Charter Fiberlink - Nebraska, LLC,
               Granite Telecomm., iNetworks Group, Level 3
               Comm., Qwest Comm., TWC Digital Phone, Vonage
               America; October 2011: 8x8, Inc., ACN
               Comm. Services, AT&T Comm. of Midwest, Budget
               Prepay, Level 3 Comm., AccessLine Comm. Group,
               Granite Telecomm., iNetworks Group, Qwest Comm.,
               TWC Digital Phone, Vonage America. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 4)            REFERRALS TO THE PLANNING DEPARTMENT:
               Change of Zone No. 11040 - Requested by
               the Director of Planning amending Section
               27.67.040 of the Lincoln Municipal Code relating
               to special parking requirements to delete
               special parking requirements for rooming and
               boarding houses and to revise the parking
               requirements for fraternities and sororities;
               and repealing 27.67.040 Section of the Lincoln
               Municipal Code as hitherto existing.
               Special Permit No. 10029 - Requested by
               Derek Zimmerman for the authority to sell
               alcoholic beverages for consumption off the
               premises on property generally located at SW
               16th Street and West O Street (1603 West O
               Street).
               Special Permit No. 11031 - Requested by
               First Street Bible Church for a parking lot and
               a reduction of the setback to 15' along G Street
               and to 12' along 1st Street and to allow for a
               5' radius to the alley on property generally
               located at S. 1st Street and G Street.

 5)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 11052 to
               Special Permit No. 1020G, BryanLGH Medical
               Center West, approved by the Planning Director
               on November 29, 2011 requested by Kent Steen to
               revise the layout of the New Independence
               Center, add a new grounds building, change the
               parking layout around the new buildings and add
               a canopy to the Activities Center on property
               generally located at S. 17th St. and South St.
               Administrative Amendment No. 11063 to
               Pre-Existing Use Permit No. 34 approved by the
               Planning Director on December 2, 2011 requested
               by Clarice Loomis to add a note that states
               "accessory buildings need not be shown on this
               use permit" on property generally located at the
               southwest corner of W. Van Dorn St. and S.
               Coddington Ave.
               Waiver No. 11024 to Final Plat No. 05102
               approved by the Planning Director on December 2,
               2011, requested by Engineering Design
               Consultants, LLC., for a waiver to extend the
               time for two years to install sidewalks and
               street trees for Earl Carter Addition. The
               improvements shall be completed by December 2,
               2013. Property is generally located at SW 14th
               St. and West O St.


 6)  MISCELLANEOUS  REFERRALS - NONE


                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 7)            Application of Prince Brothers LLC dba Wahoo's
               Fish Taco for a Class I liquor license at 210
               North 14th Street. (ADOPTED FOR APPROVAL, 
               7-0; A-86629)

 8)            Manager application of Bo J. Prince for Prince
               Brothers LLC dba Wahoo's Fish Taco at 210 North
               14th Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-86630)

 9)            Application of Meier's Wine Inc. dba Wick Alumni
               Center for a Class I liquor license at 1520 R
               Street. (ADOPTED FOR APPROVAL, 7-0; A-86631)

10)            Manager application of Kevin R. Meier for
               Meier's Wine Inc. dba Wick Alumni Center at 1520
               R Street. (ADOPTED FOR APPROVAL, 7-0; A-86632)

11)            Application of Kali Records LLC dba Smooth for a
               Class C liquor license at 1640 O Street. (ADOPTED 
               FOR APPROVAL W/RESTRICTIONS, 7-0; A-86633)

12)            Manager application of Brandy L. Kroese for Kali
               Records LLC dba Smooth at 1640 O Street. (ADOPTED 
               FOR APPROVAL W/RESTRICTIONS, 7-0; A-86634)

13)            Application of Cheddar's Casual Café, Inc. dba
               Cheddar's Casual Café‚ for a Class I liquor
               license at 5424 East O Street. (ADOPTED FOR 
               APPROVAL, 7-0; A-86635)

14)            Manager application of Steve G. Campbell for
               Cheddar's Casual Café, Inc. dba Cheddar's Casual
               Café at 5424 East O Street. (ADOPTED FOR 
               APPROVAL, 7-0; A-86636)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 15
THRU 19 HAD 2ND READING)

15)  11-181    Change of Zone 11039 - Application of
               Grandmother's, Inc. and Prairie Life Limited
               Partnership for a change of zone from R-3
               Residential District and O-3 Office Park
               District to B-2 Planned Neighborhood Business
               District on property generally located northwest
               of the intersection of South 70th Street and A
               Street.
               Fact Sheet (526K)

16)  11-185    Approving the issuance by the City of its
               educational facilities revenue and refunding
               bonds (Nebraska Wesleyan University Project) in
               the amount of $21,000,000.

17)  11-183    Approving a Sublease Agreement between the City
               and DAS/State Building Division on behalf of
               Nebraska Department of Education, Vocational
               Rehabilitation Services, at the One Stop Career
               Center at 1010 N Street for providing job
               training and employment services under the
               Workforce Investment Act for a term of January
               1, 2012 through December 31, 2015.
               Fact Sheet (97K)
               Attachment (1757K)

18)  11-184    Creating a Business Improvement District for the
               maintenance, repair and reconstruction of
               certain public facilities and improvements
               within the area generally located along South
               48th Street between Calvert Street and Pioneers
               Boulevard and providing for special assessments
               to be imposed within the district.
               Fact Sheet (109K)
               Attachment (333K)

19)  11-186    Amending Table 1A of Section 20.08.090 of the
               Lincoln Municipal Code relating to Building Code
               Permit Fees to include the $50.00 base fee
               applied to every commercial project regardless
               of the valuation of construction.
               Fact Sheet (152K)


PUBLIC HEARING - RESOLUTIONS

20)  11R-299   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of November 16 -
               30, 2011. (ADOPTED, 7-0; A-86637)
               Fact Sheet (14K)
               Attachment (21K)

21)  11R-294   Approving Contract Documents between the City of
               Lincoln and Thien Farm Management, Inc. for the
               annual requirements for Farm Management pursuant
               to Bid No. 11-165 for a four-year term with the
               option to renew for one additional four-year
               term. (ADOPTED, 7-0; A-86638)
               Fact Sheet (115K)
               Attachment (21875K)

22)  11R-295   Rescinding Resolution No. A-81080 adopted by the
               City Council on  September 10, 2001 for the use
               of public right-of-way in Peach Street between
               South 6th and South 7th Street. (ADOPTED, 
               7-0; A-86639)
               Fact Sheet (12K)
               Attachment (47K)

23)  11R-296   Application of WRK Real Estate LLC to use the
               public right-of-way at 210 North 14th Street for
               the construction of a raised dock area for
               outdoor dining in the right-of-way and sidewalk
               space. (MTA #2 ADOPTED, 7-0; ADOPTED AS AMENDED, 
               7-0; A-86640)
               Fact Sheet (13K)
               Attachment (4860K)

24)  11R-297   Application of WRK Real Estate LLC to use the
               public right-of-way at 301 South 9th Street for
               the construction of an accessible ramp and
               landing for access to an existing entrance or
               exit to the property. (MTA #1 ADOPTED, 7-0; 
               ADOPTED AS AMENDED, 7-0; A-86641)
               Fact Sheet (13K)
               Attachment (5443K)

25)  11R-298   Approving a Preliminary Engineering and National
               Environmental Policy Act (NEPA) Services
               Agreement between the City of Lincoln and E&A
               Consulting Group to provide preliminary and
               final design services and environmental re-
               evaluation services for the South 56th Street,
               Shadow Pines Drive to Old Cheney Road project.
               (ADOPTED, 7-0; A-86642)
               Fact Sheet (12K)
               Attachment (4964K)

26)  11R-300   Approving a three-year contract between the City
               of Lincoln and Continuum Employee Assistance
               Training Consulting for employee assistance
               program services for a three-year period from
               January 1, 2012 through December 31, 2014.
               (ADOPTED, 7-0; A-86643)
               Fact Sheet (44K)
               Attachment (513K)

                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 27 
THRU 30 HAD 1ST READING)

27)  11-189    Approving a Lease Agreement between the City of
               Lincoln and the Lincoln Trap and Skeet Club for
               a portion of Boosalis Park located at North 44th
               Street and Superior Street to be used as a
               public Sporting Clays Range for a 15 year term.
               Fact Sheet (118K)
               Attachment (745K)

28)  11R-306   Comp. Plan Amendment No. 11007 - Application of
               the Planning Director on behalf of Nebco, Inc.
               to amend the 2040 Lincoln-Lancaster County
               Comprehensive Plan by changing the Future Land
               Use Plan from Urban Residential to Commercial on
               property generally located at Highway 34 and
               Fallbrook Boulevard. (Related Items: 11R-306,
               11-187, 11-188) (Action Date: 1/9/12)
               Fact Sheet (934K)

29)  11-187    Annexation No. 11003 - Amending the Lincoln
               Corporate Limits Map by annexing approximately
               10 acres generally located at Fallbrook
               Boulevard and Tallgrass Parkway. (Related
               Items: 11R-306, 11-187, 11-188)(Action Date:
               1/9/12)
               Fact Sheet (614K)
               Attachment (376K)

30)  11-188    Change of Zone No. 05085A - Application of
               Nebco, Inc. to amend the Fallbrook Planned Unit
               Development to expand the PUD and change the
               zoning from AG Agricultural District to B-2
               Planned Neighborhood Business District PUD, on
               property generally located at Fallbrook
               Boulevard and Highway 34; for a Planned Unit
               Development designation of said property; and
               for approval of a development plan which
               proposes waivers and modifications to the Zoning
               and Land Subdivision Ordinance to allow
               approximately 220,000 square feet of additional
               commercial floor area, on the underlying B-2
               zoned area, for a total of approximately 900,000
               square feet of commercial floor area in the
               entire PUD. (Related Items: 11R-306, 11-187,
               11-188) (Action Date: 1/9/12)
               Fact Sheet (3988K)
               Attachment (105K)


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)

31)  11-180    Accepting and approving the Second Amendment to
               Lease Agreement between the City of Lincoln and
               Lancaster County School District No. 001 to
               extend the term for the lease of office space in
               the building located at 949 West Bond Street.
               (PASSED, 7-0; #19657)
               Fact Sheet (18K)
               Attachment (93K)

32)  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. (11/21/11 - Con't.
               2nd Reading/P.H. to 12/5/11 w/Action on 12/12/11)
               (PASSED, 7-0; #19658)
               Fact Sheet (111K)

33)  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. (11/21/11 -
               Con't. 2nd Reading/P.H. to 12/5/11
               w/Action on 12/12/11) (MTA #1 ADOPTED, 7-0; 
               PASSED AS AMENDED, 7-0; #19659)
               Fact Sheet (118K)
               Motion To Amend (6K)

34)  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. (11/21/11 - Con't.
               2nd Reading/P.H. to 12/5/11 w/Action on
               12/12/11) (PASSED, 7-0; #19660)
               Fact Sheet (121K)


RESOLUTIONS - ACTION ONLY

35)  11R-285   Adopting the LES Rate Schedules providing for a
               system average rate increase of 3.5%, effective
               January 1, 2012. (Action Date: 12/5/11)
               (Request to Delay Action 1 week to 12/12/11)
               (12/5/11 - Action Delayed 1 wk to 12/12/11)
               (MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED 4-3; 
               CARROLL, COOK, ESKRIDGE, SCHIMEK ASSENTING; 
               CAMP, EMERY, HORNUNG DISSENTING; A-86644) 
               Fact Sheet (143K)
               Attachment (4260K)
               Motion To Amend (6K)

36)  11R-286   Adopting the Lincoln Electric System Annual
               Budget for 2012, to become effective January 1,
               2012. (Action Date: 12/5/11) (Request to
               Delay Action 1 week to 12/12/11) (12/5/11 -
               Action Delayed 1 wk to 12/12/11)
               (MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 6-1; 
               CARROLL, COOK, EMERY, ESKRIDGE, HORNUNG, SCHIMEK 
               ASSENTING; CAMP DISSENTING; A-86645) 
               Fact Sheet (146K)
               Attachment (5813K)
               Motion To Amend (6K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

37)  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)

38)  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)

39)  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)

40)  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)

41)            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)

42)  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)

43)  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)

44)  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)

45)  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, DECEMBER 19, 2011, AT 5:30 P.M.
                                                     (APPROVED, 7-0)

46)  11R-301   Approving a Contract Agreement between the City
               of Lincoln and Thermo King Christensen Inc. for
               the annual supply of Vehicle Filters, pursuant
               to Quote 3709, for a two year term with the
               option to renew for one additional two year
               term, effective upon execution by all the
               parties.
               Fact Sheet (124K)
               Attachment (2219K)

47)  11R-302   Approving a Contract Agreement between the City
               of Lincoln and Sapp Bros. Petroleum, Inc. for
               the annual supply of Motor Fuel, pursuant to Bid
               No. 11-221 for a two year term with the option
               to renew for one additional two year term,
               effective upon execution by all the parties.
               Fact Sheet (107K)
               Attachment (3326K)

48)  11R-303   Approving a Contract Agreement between the City
               of Lincoln, Lancaster County, the
               Lincoln-Lancaster County Public Building
               Commission and Electech, Inc. for the annual
               requirements for Elevator Maintenance and
               Testing, pursuant to RFP Bid No. 11-206 for a
               four year term with the option to renew for one
               additional four year term effective upon
               execution by all the parties.
               Fact Sheet (381K)
               Attachment (4345K)

49)  11R-304   Assessing the costs incurred for cutting,
               clearing and removing weeds against the various
               benefitted properties for the period of January
               1, through December 31, 2011.
               Attachment (1192K)

50)  11R-305   Approving a Contract Agreement between the City
               of Lincoln and Judds Brothers Construction Co.
               for Replacement of Variable Frequency Drives for
               High Pressure Pumps and Replacement of Pump 3 at
               the Ashland Water Treatment Plant pursuant to
               Bid No. 11-218 (City Project No. 701116).
               Fact Sheet (12K)
               Attachment (4430K)

51)  11R-307   Approving an Addendum to Interlocal Agreement
               between the City of Lincoln and University of
               Nebraska-Lincoln for food handler training
               programs to provide new sharing protocol to the
               Lincoln-Lancaster County Health Department
               regarding access on a daily basis to data on
               food handlers trained through the UNL online
               training program.
               Fact Sheet (114K)
               Attachment (544K)

52)  11R-308   Approving a Title Sponsorship Agreement between
               the City of Lincoln, the West Haymarket Joint
               Public Agency and Pinnacle Bank for exclusive
               title sponsorship by Pinnacle Bank of the Arena.
               Fact Sheet (9K)
               Attachment (2481K)


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
     DECEMBER WHICH WILL BE ON DECEMBER 19TH AT 5:30 P.M.


ADJOURNMENT   4:45 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

City Council
Meetings