City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 16, 2012 AT 3:00 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
CONSENT AGENDA
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF MAY 2012
WAS PRESENTED TO
GAIL VANSLYKE, UTILITIES SERVICES SUPERVISOR
FOR THE WATER BUSINESS OFFICE
OF THE PUBLIC WORKS & UTILITIES DEPARTMENT
IN THE CATEGORIES OF
CUSTOMER RELATIONS, LOSS PREVENTION AND PRODUCTIVITY
Anyone wishing to address an item on the Consent Agenda may do so at this time
REPORTS OF CITY OFFICERS
1) Report of Nebraska Department of Roads 2013-2018
Surface Transportation Program.
(PLACED ON FILE)
2) Resolution levying the special taxes assessed
for costs of the improvements in the South
Street Maintenance BID and setting the interest
rate. (ADOPTED, 7-0; A-86894)
3) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
May 31, 2012. (ADOPTED, 7-0; A-86895)
4) 12R-144 Reappointing Doug Emery to the Joint Budget
Committee for a term expiring May 31, 2014.
(ADOPTED, 7-0; A-86896)
5) 12R-145 Reappointing DiAnna Schimek, Adam Hornung and
Doug Emery to the Railroad Transportation Safety
District for terms expiring May 31, 2013.
(ADOPTED, 7-0; A-86897)
6) 12R-146 Reappointing Jonathan Cook to the Parks and
Recreation Advisory Board for a term expiring
May 31, 2013. (ADOPTED, 7-0; A-86898)
7) 12R-152 Reappointing Jonathan Cook to the Public
Building Commission for a term expiring August
1, 2016. (ADOPTED, 7-0; A-86899)
8) 12R-153 Appointing Dara Troutman and Linda Jewson to the
Cable Television Advisory Board for terms
expiring July 1, 2015. (ADOPTED, 7-0;
A-86900)
Attachment (279K)
9) 12R-154 Appointing Micheal Q. Thompson to the Human
Rights Commission for a term expiring December
31, 2013. (ADOPTED, 7-0; A-86901)
Attachment (83K)
10) 12R-155 Appointing Jeff Hlavac to the Electrical
Advisory, Appeals and Examining Board for a term
expiring August 15, 2013. (ADOPTED, 7-0; A-86902)
Attachment (82K)
11) 12R-156 Appointing John Whitmer to the Electrical
Advisory, Appeals and Examining Board for a term
expiring July 15, 2015. (ADOPTED, 7-0; A-86903)
Attachment (62K)
12) 12R-157 Reappointing Roger (R.J.) Lipert and Russell
Miller to the Alarm Review Board for a term
expiring July 1, 2014. (ADOPTED, 7-0;
A-86904)
13) 12R-158 Appointing Heather Baker to the Alarm Review
Board for a term expiring July 1, 2014.
(ADOPTED, 7-0; A-86905)
Attachment (60K)
14) 12R-159 Reappointing Michael Donnelly to the Police and
Fire Pension Plan Investment Board for a term
expiring September 1, 2017.
(ADOPTED, 7-0; A-86906)
15) 12R-160 Reappointing Janet Goodman-Banks to the Keno
Advisory Board for a term expiring July 1, 2015.
(ADOPTED, 7-0; A-86907)
PETITIONS & COMMUNICATIONS
16) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 12032 to
Wilderness Woods Use Permit No. 126C approved by
the Planning Director on July 9, 2012 requested
by The Villas at Wilderness Ridge to reduce the
front yard setback from 20 feet to 18 feet along
Executive Woods Drive for a span of 20 feet
generally located at Executive Woods Drive and
Pine Lake Road.
17) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
18) Application of Old Federal Place LLC dba Grand
Manse for a special designated license for an
area measuring 27 feet by 260 feet to the north
of the licensed premises at 129 North 10th
Street on September 1, 15, 22, 29; October 27;
November 10, 17, 2012 from 8:00 a.m. to 2:00
a.m. (ADOPTED FOR APPROVAL, 7-0; A-86908)
19) Application of Lincoln Pub Group dba N Zone for
a special designated license for an area
measuring 60 feet by 80 feet to the north of the
licensed premises at 728 1/2 Q Street on
September 1, 15, 22, 29; October 27; November
10, 17, 2012 from 7:00 a.m. to 12:00 a.m.
(ADOPTED FOR APPROVAL, 7-0; A-86909)
20) Application of Benchmark Redevelopment dba
Buzzard Billy's for a special designated license
for an area measuring 24 feet by 13.4 feet to
the north of the licensed premises at 247 North
8th Street, Suite 101, on September 1, 15, 22,
29; October 27; November 10, 2012 from 8:00 a.m.
to 2:00 a.m. (ADOPTED FOR APPROVAL, 7-0; A-86910)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 21
THRU 25 HAD 2ND READING)
21) 12-78 Amending the pay schedule for a certain
employee group by adjusting the hourly pay
range schedule and schedules of annual,
monthly, biweekly and hourly pay range
equivalents for employees of the City of
Lincoln whose classifications are assigned
to pay ranges prefixed by the letter "X" to
be effective August 11, 2011.
Fact Sheet (99K)
Attachment (266K)
22) 12-79 Vacation No. 12001 - Amending Ordinance No.
19729, passed by the City Council on June
18, 2012, to include the metes and bounds
legal description of the vacated right-of-
ways which was inadvertently not attached
to the ordinance.
Fact Sheet (13K)
Attachment (287K)
23) 12-80 Approving a Sublease Agreement between the
City of Lincoln and Experience Works at
1010 N Street, for job training and
employment services under the Workforce
Investment Act, for a term of July 1, 2012
through June 30, 2013.
Fact Sheet (90K)
Attachment (1840K)
24) 12-81 Approving a Real Estates Sales Agreement
between the City of Lincoln and the Housing
Authority of the City of Lincoln for the
sale of blighted and substandard property
generally located at 2948 Starr Street for
the Northeast High School Build Program.
Fact Sheet (114K)
Attachment (1328K)
25) 12-82 Change of Zone No. 12003 - Amending
Ordinance No. 19713, passed by the City
Council on May 21, 2012, to correct the
legal description provided for Change of
Zone No. 12003 from I-1 Industrial District
to P Public Use District on property
generally located in West Haymarket from
North 1st Street to North 7th Street and M
Street to Y Street.
Fact Sheet (13K)
PUBLIC HEARING - RESOLUTIONS
26) 12R-147 Approving a Contract Agreement between the City
and Safety-Kleen Systems, Inc. to provide the
Annual Supply and Service Parts Washing
Machines, pursuant to Quote 3972 for a two year
term. (ADOPTED, 7-0; A-86911)
Fact Sheet (131K)
Attachment (2711K)
27) 12R-149 Approving a multi-year contract between the City
of Lincoln and Eletech, Inc. for Elevator
Maintenance, Service and Testing - StarTran,
pursuant to Bid No. 3981, for a four year term
with an option to renew for an additional four
year term. (ADOPTED, 7-0; A-86912)
Fact Sheet (128K)
Attachment (10113K)
28) 12R-161 Approving the 2012-2013 Maintenance and
Management BID Budgets and Program of Work for
the Downtown Lincoln Association Program for
Fiscal Year 2012-13. (ADOPTED, 7-0; A-86913)
Fact Sheet (97K)
Attachment (1363K)
29) 12R-151 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of June 15 - 30,
2012. (ADOPTED, 7-0; A-86914)
Fact Sheet (14K)
Attachment (23K)
30) 12R-148 Approving the Sub-Recipient Agreement between
the Nebraska Emergency Management Agency and the
City of Lincoln regarding the 2010 Metropolitan
Medical Response System in the amount of
$317,419.00 for the award period of 10/1/2010
through 7/31/2013. (ADOPTED, 7-0; A-86915)
Fact Sheet (86K)
Attachment (532K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
31) 12-75 Change of Zone 12013 - Application of
Gateway Properties for a change of zone
from H-2 Highway Commercial District to R-2
Residential District on property generally
located at North 52nd Street and R Street.
(PASSED, 7-0; #19742)
Fact Sheet (350K)
32) 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)
(6/25/12 - Removed from Pending to have P.H. 7/9/12
w/Action on 7/16/12) (MTA #1 ADOPTED, 7-0; PASSED AS
AMENDED, 7-0; #19430)
Fact Sheet (104K)
Motion To Amend (166K)
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) (ITEM 33
HAD 1ST READING)
33) 12-83 Vacation No. 12003 - Vacating the north-
south alley located one-half block west of
South 52nd Street between Prescott Avenue
and Cooper Avenue.
Fact Sheet (1408K)
RESOLUTIONS - 1ST READING (ITEMS 34 THRU 36 HAD 1ST READING)
34) 12R-162 Approving an Advertising Agreement between the
City of Lincoln and Pinnacle Bank for
advertising on electronic signs at Pershing
Municipal Auditorium for a two year term.
Fact Sheet (90K)
Attachment (460K)
35) 12R-163 Amending the Antelope Village Redevelopment
Agreement to reflect current conditions and
identify 2011 as the base year.
Fact Sheet (150K)
Attachment (307K)
36) 12R-164 Misc. No. 12006 - Declaring the
Holdrege/Idylwild Redevelopment Area as blighted
and substandard in an estimated 7 acres
generally between North 34th and North 37th
Street, from Holdrege Street south to Apple
Street.
Fact Sheet (1006K)
Attachment (6543K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK, SEE ITEMS 44 & 45)
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) 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)
44) 12R-95 Approving the First Street and Highway 2
Development and Conditional Zoning Agreement
between Sharon Y. Schwartz and Marlyn Schwartz,
Jeffrey T. Colson and Lanette Colson, and the
City of Lincoln to conditionally allow the
development of property located at First Street
and Highway 2 (Cheney) to be limited to mini-
warehousing should the property be re-zoned from
AG Agricultural District and R-2 Residential
District to H-3 Highway Commercial District.
(Related Items: 12R-95, 12-48) (Action Date:
6/4/12) (5/21/12 - P.H. con't to 6/4/12)
(6/4/12 - Placed on Indefinite Pending)
(REMOVED FROM PENDING TO HAVE P.H. ON 7/30/12
W/ACTION ON 8/6/12, 7-0)
Attachment (150K)
45) 12-48 Change of Zone 12005 - Application of
Sharon Schwartz and Jeffrey Colson for a
Change of Zone from AG Agricultural
District and R-2 Residential District to
H-3 Highway Commercial District on property
generally located at Highway 2 and First
Street (Cheney). (Related Items: 12R-95,
12-48) (Action Date: 6/4/12) (5/21/12 -
P.H. con't to 6/4/12) (6/4/12 - Placed on
Indefinite Pending) (REMOVED FROM PENDING TO
HAVE P.H. ON 7/30/12 W/ACTION ON 8/6/12, 7-0)
Fact Sheet (1353K)
46) 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)
Fact Sheet (17K)
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 JULY ARE THE 9TH AND 30TH.
ADJOURNMENT 3:37 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