City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 30, 2012 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT SCHIMEK
PUBLIC NOTICE
AUGUST 6, 2012 - PUBLIC HEARING BUDGET SCHEDULE
The Regular Meeting of the Council will begin at 2:30 p.m.
Public Hearing on the 1 & 6 Year Street & Highway Program,
The Mayor's Recommended 2012/14 Biennial Operating Budget,
and Capital Improvement Program for 2012/13 - 2017/2018
immediately follows the Regular Council Meeting
Dinner Break: 6:00 p.m. - Reconvene 6:30 p.m.
There will be a Regular Meeting of the City Council to be held
on Wednesday, August 8, 2012, at 3:00 p.m. to take Action
on the Mayor's Recommended Biennial Budget and Bill Nos. 12-91, 12-93,
12-94, 12-96, 12R-171, 12R-175, 12R-176, 12R-177, 12R-178
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) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on July
16, 2012. (PLACED ON FILE)
2) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on July
23, 2012. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
3) Setting the hearing date of Monday, August 20,
2012 at 5:30 p.m. for the application of Marcus
Lincoln Hotel LLC dba Marriott Cornhusker for a
Class CK liquor license located at 333 South
13th Street. (ADOPTED, 6-0; A-86927)
4) Setting the hearing date of Monday, August 20,
2012 at 5:30 p.m. for the application of MC Homes
Solutions LLC dba Smooth for a Class C liquor
license located at 1640 O Street.
(ADOPTED, 6-0; A-86928)
5) Setting the hearing date of Monday, August 20,
2012 at 5:30 p.m. for the application of Sikarin
LLC dba Issara for a Class CK liquor license
located at 1701 Pine Lake Road.
(ADOPTED, 6-0; A-86929)
6) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 7 THRU 11 HAD 2ND READING)
7) 12-84 Amending Sections 9.20.050 and 10.14.460 of
the Lincoln Municipal Code relating to
Disturbing the Peace and Unnecessary Noise
from Motor Vehicles, respectively, to
transfer the regulation of sources of music
in public streets, alleys, or other public
places from Section 9.20.050, Disturbing the
Peace, to Section 10.14.460, Unnecessary
Noise From Motor Vehicles, to amend the
penalty for violation of Section 9.20.050 to
correspond to state statute and to specify
the penalty for violation of Section 9.20.050
in that section; and amending Section
9.20.100 of the Lincoln Municipal Code
relating to minimum penalties to delete a
repetitious reference to the minimum fine for
disturbing the peace.
Fact Sheet (101K)
8) 12-85 Amending Chapter 9.16 of the Lincoln
Municipal Code relating to Offenses Against
Public Decency by amending Section 9.16.030
defining toxic compounds; amending Section
9.16.035 defining paraphernalia; amending
Section 9.16.110 relating to the unlawful use
of toxic compounds to clarify that a toxic
compound could be introduced into the human
system by other means than currently set
forth in the sections; and amending Section
9.16.140 to make the penalty comparable with
state statute.
Fact Sheet (100K)
9) 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) (7/16/12 - Removed from
Pending to Have P.H. on 7/30/12 w/Action on
8/6/12) (Related Items: 12R-95, 12-48, 12-87)
(Action Date: 8/6/12)
Attachment (150K)
Motion To Amend (231K)
10) 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) (7/16/12 - Removed from
Pending to Have P.H. on 7/30/12 w/Action on
8/6/12) (Related Items: 12R-95, 12-48,
12-87) (Action Date: 8/6/12)
Fact Sheet (1353K)
11) 12-87 Change of Zone 12019 Application of Sharon
Y. Schwartz and Jeffrey T. Colson to reduce
the Building Line District from a 125 foot
setback to a 108 foot setback on property
generally located at First Street and Highway
2 in Cheney. (Related Items: 12R-95, 12-
48, 12-87) (Action Date: 8/6/12)
PUBLIC HEARING - RESOLUTIONS
12) 12R-165 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of July 1 - 15,
2012. (ADOPTED, 6-0; A-86930)
Fact Sheet (14K)
Attachment (23K)
13) 12R-168 Special Permit 11015A Application of Kelly
Langer to amend the special permit for Historic
Preservation of the former St. James Evangelical
Lutheran Church to adjust the lot width and area
requirements to permit two-family use, on property
generally located at 3935 Randolph Street.
(ADOPTED, 6-0; A-86931)
Fact Sheet (2401K)
14) 12R-169 Approving an amendment to the Holdrege Street and
Idylwild Drive Development and Conditional Zoning
Agreement to modify the property restrictions
regarding the setback on the east side of Lot 48,
generally located at Holdrege Street and Idylwild
Drive. (ADOPTED, 6-0; A-86932)
Fact Sheet (13K)
Attachment (224K)
15) 12R-166 Approving an Amendment to Bid No. 10-164 for the
Annual Requirements of Invensys Meter Parts for
LWS AMR Program Agreement between the City of
Lincoln and HD Supply Waterworks to extend the
term for one additional two-year term from August
1, 2012 through July 31, 2014. (ADOPTED, 6-0;
A-86933)
Fact Sheet (122K)
Attachment (198K)
16) 12R-167 Approving an Amendment to Bid No. 10-158 for the
Annual Requirements of M & H Fire Hydrant Parts
Agreement between the City of Lincoln and HD
Supply Waterworks to extend the term for one
additional two-year term from August 1, 2012
through July 31, 2014. (ADOPTED, 6-0; A-86934)
Fact Sheet (117K)
Attachment (203K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
17) 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. (PASSED, 6-0; #19748)
Fact Sheet (1408K)
RESOLUTION - ACTION ONLY
18) 12R-150 Special Permit No. 12016 - Appeals from the
Planning Commission's conditional approval of the
application of Radix, Inc. for authority to
operate a recreational facility in the AG
Agricultural District, on property generally
located at SW 29th Street and W
Wittstruck Road.(7/17/12 - Joint P.H.; to have
Action only on 7/30/12) (MTA #1 ADOPTED, 6-0;
ADOPTED AS AMENDED, 6-0; A-86935)
Motion To Amend (19K)
REQUEST OF COUNCILMAN JON CAMP TO RECONSIDER
19) Application of Sam's West, Inc. dba Sam's Club
#4873 for a Class D liquor license at 8480
Andermatt Drive. (MOTION TO RECONSIDER APPROVED, 6-0;
ADOPTED FOR APPROVAL, 6-0; A-86936)
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 20 THRU 24 HAD 1ST READING)
20) 12-95 Authorizing the City of Lincoln, Nebraska to
enter into a lease-purchase transaction with
Union Bank and Trust Company for the
acquisition of street lights, a telephone
system and improvements to the City's
Municipal Service Center.
21) 12-89 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 16, 2012.
Fact Sheet (105K)
Attachment (260K)
22) 12-90 Amending Section 2.76.365 of the Lincoln
Municipal Code, Hours of Work, to allow
employees with a pay range prefixed by the
letter "X" and eligible to retire to elect a
reduced work schedule.
Fact Sheet (84K)
23) 12-92 Amending Section 12.08.270 of the Lincoln
Municipal Code relating to alcoholic liquor
prohibited in parks to allow alcoholic
beverages to be served and consumed at Auld
Pavilion during periods that are subject to
an agreement between the City and a private
business for rental of the facility and
catering related events.
Fact Sheet (204K)
24) 12-97 Approving the transfer of unspent and
unencumbered appropriations and cash (if any)
between and eliminating appropriations within
certain capital improvement projects within
the Street Construction Fund, Water Fund,
Wastewater Fund, and Solid Waste Fund for the
Public Works & Utilities Department; within
the Capital Projects Fund and Solid Waste
Fund for the Parks & Recreation Department;
and within the Capital Projects Fund for the
Urban Development Department.
Fact Sheet (12K)
RESOLUTIONS - 1ST READING (ITEM 25 HAD 1ST READING)
25) 12R-170 Misc. No. 12007 Declaring the Gateway Senior
Living Redevelopment Area (an estimated 11 acre
area generally bounded by O Street on the south,
North 56th Street on the east, R Street on the
north and North 52nd Street on the west) as
blighted and substandard.
Fact Sheet (313K)
Attachment (4194K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
THE FOLLOWING ORDINANCES & RESOLUTIONS WILL HAVE
PUBLIC HEARING ON 8/6/12 AT 2:30 P.M. IMMEDIATELY
FOLLOWING THE REGULAR COUNCIL MEETING
(Action Dates are Indicated for Each Item)
34) 12R-174 Public hearing on the 1 & 6 Year Street & Highway
Program, the 2012-2014 City of Lincoln Biennial
Operating Budget and the Capital Improvement
Program for FY 2012-2014. (To have Public
Hearing 8/6; Action: 8/20/12)
35) 12-91 Amending Section 2.32.110 of the Lincoln
Municipal Code relating to Lincoln Police
Department Fees to increase the fee charged
for a copy of an accident report from $2.00
to $15.00. (To have Public Hearing/2nd
Reading 8/6; Action: 8/8/12)
Fact Sheet (98K)
36) 12-93 Amending Chapter 2.20 of the Lincoln
Municipal Code relating to the Fire and
Rescue Department by adding new sections
numbered 2.20.160, 2.20.170, 2.20.180,
2.20.190 and 2.20.200 to identify and
establish fees for specific services
performed by the Fire and Rescue Department.
(To have Public Hearing/2nd Reading 8/6;
Action: 8/8/12)
Fact Sheet (75K)
37) 12-94 Amending Chapter 5.56 of the Lincoln
Municipal Code relating to Emergency
Alarm Systems by amending Section
5.56.010 to revise and add definitions;
amending Sections 5.56.025 and 5.56.030
to require fire alarm businesses and
fire alarm users, respectively, to
obtain the permits required in this
chapter; and amending Sections 5.56.040,
5.56.050 and 5.56.055 to provide fees
for false fire alarms. (To
have Public Hearing/2nd Reading 8/6;
Action: 8/8/12)
Fact Sheet (75K)
38) 12-96 Amending Section 8.32.150 of the Lincoln
Municipal Code relating to solid waste to
increase the occupation tax on refuse haulers
from $7.00 per ton to $9.00 per ton. (To
have Public Hearing/2nd Reading 8/6; Action:
8/8/12)
Fact Sheet (12K)
39) 12-77 Amending the pay schedule for a certain
employee group whose classifications are
assigned to the pay range which is prefixed
by the letter "C" by creating the
classification of "Community Outreach
Coordinator." (To have Public Hearing/2nd
Reading 8/6; Action: 8/8/12)
Fact Sheet (94K)
Attachment (121K)
40) 12-88 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 creating the
classification of "Equity and Diversity
Officer." (To have Public Hearing/2nd
Reading 8/6; Action: 8/8/12)
Fact Sheet (85K)
Attachment (12K)
41) 12R-171 Adopting the Fee Schedule for application
reviews under Chapter 14.20, Title 26, and
Title 27 of the Lincoln Municipal Code and
amendments to the Lincoln-Lancaster County
Comprehensive Plan to be effective October 1,
2012. (To have Public Hearing/2nd Reading
8/6; Action: 8/8/12)
Fact Sheet (22K)
42) 12R-175 Adopting a revised StarTran fare structure
effective October 1, 2012 for a Regular 31-Day
Pass, HandiVan 31-Day Pass, Star Shuttle and
Transfers and adopting a revised Big Red Shuttle
fare effective August 15, 2013. (To have
Public Hearing/2nd Reading 8/6; Action:
8/8/12)
Fact Sheet (14K)
43) 12R-176 Establishing a new rate schedule for customers of
the Lincoln Water System for purposes of covering
the System's operational and maintenance costs
including debt service and the costs of the
Capital Improvements Program for FY 2012/2013 and
FY 2013/2014. (To have Public Hearing/2nd
Reading 8/6; Action: 8/8/12)
Fact Sheet (15K)
44) 12R-177 Establishing a new rate schedule for customers of
the Lincoln Wastewater System for purposes of
covering the System's operational and maintenance
costs including debt service and the Capital
Improvements Program for FY 2012/2013 and FY
2013/2014. (To have Public Hearing/2nd Reading
8/6; Action: 8/8/12)
Fact Sheet (15K)
45) 12R-178 Establishing a new schedule for solid waste system
user charges for the privilege of using any public
landfill or other waste disposal system owned by
the City to increase revenues for purposes of
covering operational and maintenance costs, the
Capital Improvements Program and to help build a
financial base for future solid waste revenue
bonds for Capital Improvement costs, to be
effective September 1, 2013. (To have Public
Hearing/2nd Reading 8/6; Action: 8/8/12)
Fact Sheet (12K)
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 6:16 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