City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 16, 2012 AT 3:00 P.M.
ALL MEMBERS PRESENT
THE COUNCIL MEETINGS OF APRIL 9TH AND 30TH BEGIN AT 5:30 P.M.
2011 MAYOR'S ANNUAL AWARD OF EXCELLENCE
WAS PRESENTED TO TEAM MEMBERS
POLICE SERGEANT LARRY BARKSDALE, POLICE OFFICER MATTHEW FRANKEN
AND FIRE INVESTIGATOR KEN HILGER
OF BUILDING & SAFETY'S FIRE PREVENTION DIVISION
THE 2011 HONORABLE MENTION AWARD
WAS PRESENTED TO
STARTRAN BUS OPERATOR JOSE REGUEIRA
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) Affidavit of Mailing for Board of Equalization -
North 27th Street Business Improvement District.
(PLACED ON FILE)
2) Affidavit of Mailing for Board of Equalization -
University Place Business Improvement District.
(PLACED ON FILE)
3) Affidavit of Mailing for Board of Equalization -
South Street Business Improvement District.
(PLACED ON FILE)
4) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on April 2, 2012. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
NONE
5) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
6) Application of Mo Chara, LLC dba Cliff's Lounge
for a Class C liquor license at 1323 O Street.
(CON'T P.H. IN ONE WEEK TO 4/23/12, 7-0)
7) Manager application of Bryan A. McFarland for Mo
Chara, LLC dba Cliff's Lounge at 1323 O Street.
(CON'T P.H. IN ONE WEEK TO 4/23/12, 7-0)
8) Application of Mo Chara, LLC dba Cliff's Martini
Lounge for a Class C liquor license at 5610
South 56th Street, Suite 1.
(CON'T P.H. IN ONE WEEK TO 4/23/12, 7-0)
9) Manager application of Bryan A. McFarland for Mo
Chara, LLC dba Cliff's Martini Lounge at 5610
South 56th Street, Suite 1.
(CON'T P.H. IN ONE WEEK TO 4/23/12, 7-0)
10) Application of Mo Chara, LLC dba The Watering
Hole for a Class C liquor license at 1321 O
Street. (CON'T P.H. IN ONE WEEK TO 4/23/12, 7-0)
11) Manager application of Bryan A. McFarland for Mo
Chara, LLC dba The Watering Hole at 1321 O
Street. (CON'T P.H. IN ONE WEEK TO 4/23/12, 7-0)
12) Application of Mo Chara, LLC dba The Watering
Hole West for a Class C liquor license at 1550
S. Coddington Ave., Suite P.
(CON'T P.H. IN ONE WEEK TO 4/23/12, 7-0)
13) Manager application of Bryan A. McFarland for Mo
Chara, LLC dba The Watering Hole West at 1550 S.
Coddington Ave., Suite P.
(CON'T P.H. IN ONE WEEK TO 4/23/12, 7-0)
14) Application of Chad Winters, Christopher
Vorhies, Roger Toy and Robert Toy dba Ideal
Grocery for a Class C liquor license at 905
South 27th Street. (ADOPTED FOR APPROVAL,
7-0; A-86758)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)(ITEMS 15
THRU 20 HAD 2ND READING)
15) 12-39 Authorizing the issuance by the City of its
general obligation Highway Allocation Fund
Refunding Bonds, Series 2012 in an aggregate
principal amount not to exceed $33,000,000.
(Related Items: 12-39, 12R-66) (Action
Date: 4/23/12)
16) 12R-66 A Resolution for the early redemption of the
City's outstanding General Obligation Highway
Allocation Fund Bonds, Series 2004 in the amount
of $30,155,000. (Related Items: 12-39, 12R-66)
(Action Date: 4/23/12)
17) 12-36 Amending Chapter 25.04 of the Lincoln
Municipal Code, the Lincoln Mechanical
code, by adding a new section numbered
25.04.485 to add a new Section 1101.11 to
the International Mechanical Code relating
to registration of refrigeration
contractors.
Fact Sheet (168K)
18) 12-37 Approving a Lease Agreement between the
US Postal Service and the City of Lincoln for
placement of one or more postal drop-off
mailboxes in the east parking lot at Woods
Park, generally at South 33rd Street and L
Street.
Fact Sheet (118K)
Attachment (2715K)
19) 12-38 Approving a Lease Agreement between Holmes
Lake Professional Center LLC and the City
of Lincoln for the use of approximately
2,100 square feet of property north of
Holmes Lake Park at South 70th Street and
Normal Boulevard to be used as a parking
lot for a ten year term.
Fact Sheet (112K)
Attachment (631K)
20) 12-40 Amending Chapter 5.04 of the Lincoln
Municipal Code related to Alcoholic Liquor
to require a valid Responsible Beverage
Server Permit or Responsible Beverage
Management Certificate for any person
selling or serving alcoholic liquor at
retail and to delete the prohibition of
liquor sales between 6:00 a.m. and noon on
Sunday.
Fact Sheet (14K)
PUBLIC HEARING - RESOLUTIONS
21) 12R-60 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of March 16 -
31, 2012. (ADOPTED, 7-0; A-86759)
Fact Sheet (14K)
Attachment (20K)
22) 12R-64 Authorizing the transfer of appropriations for
expenses associated with upcoming labor
negotiations and the PAGE/CIR case.
(ADOPTED, 7-0; A-86760)
Fact Sheet (89K)
23) 12R-59 Approving a Contract Agreement between the City
of Lincoln and TSI Incorporated for PortaCount
Pro+ Respirator Fit Testers and for calibration
and cleaning, pursuant to Bid No. 12-061, for a
three year term. (ADOPTED, 7-0; A-86761)
Fact Sheet (133K)
Attachment (1968K)
24) 12R-67 Approving a Contract Agreement between the City
of Lincoln and Nebraska LabLinc for Health
Department Laboratory Test Services, pursuant to
Bid No. 12-062, for a three year term with the
option to renew for one additional three year
term. (ADOPTED, 7-0; A-86762)
Fact Sheet (130K)
Attachment (3503K)
25) 12R-68 Approving the Amendment to Quote 2969 Agreement
for City Renewal between the City of Lincoln and
Nebraska LabLinc to provide the Annual
Requirements for Blood Chemistry Profiles for a
two year term from May 20, 2012 through May 19,
2014. (ADOPTED, 7-0; A-86763)
Fact Sheet (132K)
Attachment (493K)
26) 12R-62 Authorizing a request to the State of Nebraska,
Board of Public Roads Classifications and
Standards, for relaxation of the Minimum Design
Standards for bridge design loading for the
North 27th and Leighton Viaduct Project, City
Project 540023. (ADOPTED, 7-0; A-86764)
Fact Sheet (13K)
27) 12R-63 Approving a Funding Agreement between the City
and the Nebraska Dept. of Roads for the use of
Federal Aid Bridge Replacement Funds for the
Fracture Critical Bridge Inspection of Structure
No. U142514300, Salt Creek Road, east leg of the
Big X (Project No. BR-MBOS995).
(ADOPTED, 7-0; A-86765)
Fact Sheet (13K)
Attachment (138K)
28) 12R-65 Approving the appropriation of $700,000 of Keno
funds within the Parks and Recreation Department
CIP for FY 2012-2013 for the Nebraska Centennial
Mall Renovation Project. (ADOPTED, 7-0; A-86766)
Fact Sheet (123K)
29) 12R-61 Use Permit No. 82C - Appeal of Design Data Corp.
from the Planning Commission's conditional
approval of the application of Bob Bennie
Properties LLC for authority to add Medical
Office as a permitted land use to an existing
Use Permit, on property generally located at
south 14th Street and Old Cheney Road.
(CON'T P.H. W/ACTION IN ONE WEEK TO 4/23/12, 7-0)
Fact Sheet (613K)
Motion To Amend (6K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
30) 12-33 Approving a contract between the City
and Lincoln Haymarket Development
Corp. to operate and regulate a
Saturday public market in the
Haymarket area, 7th Street from P to Q
Streets and P Street from 7th to 8th
Streets from May 5, 2012 through
October 13, 2012 and on 8th Street
from P to Q Streets from June 2, 2012
through August 25, 2012 and also
September 8, 2012. (PASSED, 7-0; #19701)
Fact Sheet (121K)
Attachment (767K)
31) 12-34 Change of Zone 12002 - Amending Title 27 of
the Lincoln Municipal Code, the Zoning
Code, by adding a new section numbered
27.03.417 to provide the definition of
"market garden"; amending Sections
27.07.040 and 27.09.040 to add market
gardens as a permitted special use in the
AG and AGR zoning districts, respectively;
amending Section 27.63.680 to add market
gardens as an exception to a licensed
premises 100-foot spacing requirement from a
residential district; adding a new section
numbered 27.63.820 to provide conditions
for approval for market gardens as a
permitted special use and to allow certain
accessory uses to market gardens, including
the sale of alcoholic beverages for
consumption on the premises; and amending
Section 27.67.040 to provide parking
requirements for farm wineries and market
gardens. (PASSED, 7-0; #19702)
Fact Sheet (92K)
32) 12-35 An ordinance adopting the supplements to
the Lincoln Municipal Code dated June 2011
and December 2011 as part of the official
Lincoln Municipal Code. (PASSED, 7-0; #19703)
Fact Sheet (15K)
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 33
& 34 HAD 1ST READING)
33) 12-41 Miscellaneous No. 11003 - Vacating the
final plat of Hartland's View Pointe West
1st Addition generally located at N.W. 56th
Street and West Aurora Street and retaining
certain easements there in the name of the
City.
Fact Sheet (1051K)
34) 12-42 Vacation No. 12001 - Vacating multiple
rights-of-way and alleys located in the
West Haymarket area between L Street and U
Street and between 2nd Street and 7th
Street.
Fact Sheet (2807K)
RESOLUTIONS - 1ST READING (ITEMS 35 THRU 37 HAD 1ST READING)
35) 12R-69 Approving an Amendment to Agreement for Animal
Shelter Services between the City of Lincoln and
the Capital Humane Society for an additional
four year term and to amend the compensation to
be paid for said additional term.
Fact Sheet (86K)
Attachment (99K)
36) 12R-70 Amending Resolution No. A-86641 for the use of
public right of way along South 9th Street for
an accessible ramp and landing to allow steps in
the right of way rather than the ramp.
Fact Sheet (14K)
Attachment (778K)
37) 12R-71 Approving an Interlocal Agreement between the
City of Lincoln and Lancaster County for the
14th Street reconstruction from I-80 to Alvo
Road and for the acquisition of right-of-way
outside the City limits.
Fact Sheet (12K)
Attachment (1499K)
PENDING LIST - DATE CERTAIN
38) 12-21 Change of Zone 11040 - 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. (3/12/12 - P.H./2nd
Reading con't. 6 wks to 4/23/12)
Fact Sheet (491K)
Motion To Amend (6K)
Motion To Amend (7K)
PENDING LIST (EXTENDED ONE WEEK)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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)
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 APRIL ARE THE 9TH AND 30TH.
ADJOURNMENT 8:52 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