City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING TO HELD
MONDAY, AUGUST 13, 2012 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT ESKRIDGE
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF JUNE 2012
WAS PRESENTED TO
CHRIS MYERS, DISTRICT PARK SUPERVISOR OF THE PARKS DIVISION
FOR THE PARKS AND RECREATION DEPARTMENT
IN THE CATEGORY OF PRODUCTIVITY
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) 12R-180 Appointing Carol Speicher to the Library Board for
a term of September 1, 2012 through August 31,
2019. (ADOPTED, 6-0; A-86946)
Fact Sheet (250K)
2) 12R-183 Reappointing Mike McNiff to the Examining Board of
Plumbers for a term expiring September 4, 2015.
(ADOPTED, 6-0; A-86947)
3) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
June 30, 2012. (ADOPTED, 6-0; A-86948)
PETITIONS & COMMUNICATIONS
4) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 12028 to Special
Permit No. 06001A, Grand Terrace Community Unit
Plan, approved by the Planning Director on August
6, 2012, requested by Civil Design Group,
increasing the maximum allowed height of the
apartment buildings on Lot 30, Block 1, to 38
feet, delineating the building envelope for the
apartment buildings using the required 38'
setback, delineating the required 20' setback for
all other improvements including parking and
accessory buildings, and a parking plan where up
to a maximum of 15% of the required spaces can be
provided as tandem parking stalls, on property
generally located near South 84th Street
and Highway 2.
Administrative Amendment No. 12035 to Special
Permit No. 04054, Hartland Homes Southwest
1st Addition Community Unit Plan,
approved by the Planning Director on July 31,
2012, requested by Kathryn Sousek, to allow a
reduction in the rear yard to 10 feet for
accessory buildings, on property located at 1660
SW Lacey Lane.
Waiver No. 12012 approved by the Planning
Director on August 6, 2012, requested by Jeff
Koch, to adjust the Design Standard for Outdoor
Lighting to allow outdoor lighting to exceed 2.0
vertical foot-candles at the property line along R
Street, generally located at the southeast corner
of North 8th Street and R Street.
5) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
6) Application of STL of Nebraska, Inc. dba Target
Store T-0879 for a Class DK liquor license at 5330
South 56th Street. (ADOPTED FOR APPROVAL, 6-0;
A-86949)
7) Manager application of Kaleigh J. Chalupa for STL
of Nebraska, Inc. dba Target Store T-0879 at 5330
South 56th Street. (ADOPTED FOR APPROVAL, 6-0;
A-86950)
8) Application of Zipline Brewing Co. LLC dba Zipline
Brewing Co. for a Class L liquor license at 2100
Magnum Circle, Suite 1. (ADOPTED FOR APPROVAL,
6-0; A-86951)
9) Manager application of Marcus A. Powers for
Zipline Brewing Co. LLC dba Zipline Brewing Co. at
2100 Magnum Circle, Suite 1. (ADOPTED FOR APPROVAL,
6-0; A-86952)
10) Application of Greenfield's Cafe‚ Inc. dba
Greenfield's Cafe‚ for a special designated liquor
license for an area covering an outdoor area
measuring approximately 85 feet by 60 feet at 7900
South 87th Street on August 25, 2012 from 11:00
a.m. to 12:00 a.m. (ADOPTED FOR APPROVAL,
6-0; A-86953)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 11 THRU 15 HAD 2ND READING)
11) 12-98 Approving a Real Estate Sales Agreement
between the City of Lincoln and Habitat for
Humanity Inc. for the sale of City owned
property generally located at 2445 N.W. 52nd
Street for an amount of $20,000.00.
Fact Sheet (100K)
Attachment (639K)
12) 12-99 Change of Zone 12022 - Amending Section
27.07.030 of the Lincoln Municipal Code to
allow as a temporary permitted conditional
use of a building or premises in the AG
Agriculture District, in addition to its main
use, for any use approved by the Lancaster
County Board of Commissioners by the granting
of an amusement license for such use,
provided said conditional use is limited to
one event per calendar year.
Fact Sheet (22K)
13) 12R-182 Approving the Agreement Regarding the Annexation
of Sky Ranch Acres between the City and Sky Ranch
Acres Neighborhood Association for the development
of 30.11 acres of property generally located at
North 108th Street and Holdrege Street.
(Related Items: 12R-182, 12-100) (Action Date:
8/20/12)
Fact Sheet (13K)
Attachment (224K)
14) 12-100 Annexation 10004 - Amending the Lincoln Corporate
Limits Map by annexing approximately 37 acres
generally located at North 108th Street and
Holdrege Street. (Related Items: 12R-182, 12-
100) (Action Date: 8/20/12)
Fact Sheet (4M)
Attachment (123K)
15) 12-101 Change of Zone 05012A - Application of South
Pointe Christian Church and Lincoln Storage/Wood
Bridge Commercial Associates to amend the Wood
Bridge Planned Unit Development to increase the
mini-storage area from approximately 58,700 square
feet to 84,500 square feet, on property generally
located at Pine Lake Road and Helen Witt Drive.
Fact Sheet (5M)
PUBLIC HEARING - RESOLUTIONS
16) 12R-186 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of July 16 - 31,
2012. (MTA #1 ADOPTED, 6-0; MTA #2 ADOPTED, 6-0;
ADOPTED AS AMENDED, 6-0; A-86954)
Fact Sheet (14K)
Attachment (23K)
17) 12R-172 Approving Amendment to Bid No. 10-165 Contract
Agreement between the City and Hersey Meters
Company, LLC dba Mueller Systems to provide the
Annual Requirements of Hersey Water Meter Parts
for an additional two year term from August 1,
2012 through July 31, 2014. (ADOPTED, 6-0; A-86955)
Fact Sheet (134K)
Attachment (176K)
18) 12R-185 Approving Amendment to Bid No. 10-167 Contract
Agreement between the City of Lincoln and Badger
Meter, Inc. for the Annual Requirements for 6-10"
Fire Service Cold Water Meters, for an additional
two year term from August 1, 2012 through July 31,
2014. (ADOPTED, 6-0; A-86956)
Fact Sheet (132K)
Attachment (169K)
19) 12R-179 Approving Amendment to Bid No. 10-128 Contract
Agreement between the City of Lincoln and Badger
Meter, Inc. for the Annual Requirements for Cold
Water Meters, 5/8" to 2" with Automated Meter
Reading ERT Modules, for an additional two year
term from August 1, 2012 through July 31, 2014.
(ADOPTED, 6-0; A-86957)
Fact Sheet (126K)
Attachment (173K)
20) 12R-181 Approving a schedule of fees the City may charge
for ambulance service. (ADOPTED, 6-0; A-86958)
Fact Sheet (137K)
Attachment (8K)
21) 12R-184 Approving a Project Programming Agreement between
the City of Lincoln and the Nebraska Department of
Roads to establish various duties and funding
responsibilities for a Federal Aid Project for the
construction of safety improvements at North 66th
Street and Fremont Street. (ADOPTED, 6-0; A-86959)
Fact Sheet (13K)
Attachment (2M)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
22) 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. (PASSED, 6-0;
#19759)
23) 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. (PASSED, 6-0; #19760)
Fact Sheet (105K)
Attachment (260K)
24) 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. (PASSED, 6-0; #19761)
Fact Sheet (84K)
25) 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. (PASSED, 6-0;
#19762)
Fact Sheet (12K)
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 26 THRU 32 HAD 1ST READING)
26) 12-86 Comp. Plan Conformance 12008 Declaring
approximately .16 acres of property generally
located southwest of South 21st Street and O
Street; .03 acres of property generally
located southwest of South Antelope Valley
Parkway and M Street; and .19 acres of
property generally located southeast of
Capitol Parkway and J Street, as surplus
property and authorizing the sale thereof.
(Related Items: 12-86, 12-104, 12-106)
(Action Date: 8/27/12)
Fact Sheet (1213K)
27) 12-104 Vacation 10019 Vacating Randolph Street between
South 25th Street and Capitol Parkway; a portion
of H Street west of South 25th Street; a portion
of the east-west alley west of South 25th Street;
and a portion of Capitol Parkway south of J
Street. (Related Items: 12-86, 12-104, 12-106)
(Action Date: 8/27/12)
Fact Sheet (836K)
28) 12-106 Approving a Real Estate Sales and Exchange
Agreement between the City of Lincoln and Lincoln
Public Schools for the exchange and sale of
property generally located southeasterly of
Capitol Parkway and J Street and the conveyance of
a portion of vacated Capitol Parkway and J Street
to Lincoln Public Schools .(Related Items: 12-
86, 12-104, 12-106) (Action Date: 8/27/12)
Fact Sheet (106K)
Attachment (8297K)
29) 12-107 Approving an Interlocal Agreement between the City
of Lincoln and Lincoln Public Schools for the
funding of a renovation project at Sherman Field
and the use of Sherman Field by LPS.
Fact Sheet (107K)
Attachment (884K)
30) 12-108 Approving an Interlocal Agreement between the City
of Lincoln and Lincoln Public Schools for
development of a playground, walkways and related
site improvements in Belmont Park associated with
Belmont Elementary School and the Lincoln EduCare
facility.
Fact Sheet (120K)
Attachment (569K)
31) 12R-190 Comp. Plan Conformance 12009 Adopting and
approving the "Holdrege/Idylwild Redevelopment
Plan" within an area generally bounded by N. 37th
Street on the east and N. 34th Street on the west,
Holdrege Street on the north and Apple Street on
the south for redevelopment activities consisting
of public improvements, a new fraternity and a
mixed use development. (Related Items: 12R-190,
12-105) (Action Date: 8/27/12)
Fact Sheet (928K)
Attachment (5051K)
32) 12-105 Change of Zone 12018 Application of Kinport
Corporation for a change of zone from B-1 Local
Business District, R-6 Residential District and R-
5 Residential District to B-1 Local Business
District PUD, from R-2 Residential District to R-2
Residential District PUD, and from R-6 Residential
District to R-6 Residential District PUD, on
property generally located at North 35th Street
and Holdrege Street for a planned unit development
district designation of said property, and
approval of a development plan to allow
approximately 66,000 square feet of commercial
floor area and approximately 40 residential
dwelling units. (Related Items: 12R-190, 12-
105) (Action Date: 8/27/12)
Fact Sheet (584K)
RESOLUTIONS - 1ST READING (ITEMS 33 THRU 39 HAD 1ST READING)
33) 12R-187 Declaring the official intent of the City of
Lincoln to call an election regarding the
proposition of the issuance by the City of its
general obligation bonds in an aggregate principal
amount not to exceed $7,900,000 for the purpose of
paying the costs incident to engineering,
acquiring, constructing and/or furnishing
improvements to and extensions of the City's
stormwater drainage and flood management system.
34) 12R-188 Approving the appointment of John Huff as Fire
Chief effective September 7, 2012.
35) 12R-189 Approving the appointment of Jim Peschong as
Police Chief effective February 2, 2013.
36) 12R-191 Comp. Plan Conformance 12010 Adopting and
approving the proposed amendment to the 48th and O
Street Redevelopment Plan to expand the area to
include the Gateway Senior Living Center
retirement campus located north of O Street
between 52nd Street and 56th Street and to add a
redevelopment project for the expansion of skilled
nursing and independent living facilities.
(Related Items: 12R-191, 12R-192, 12R-193)
(Action Date: 8/20/12)
Fact Sheet (699K)
Attachment (3814K)
37) 12R-192 Approving the Gateway Senior Living Project
Phase I Redevelopment Agreement between the City
of Lincoln and Gateway Properties, Inc. relating
to the redevelopment of property generally located
north of O Street between 52nd Street and 56th
Street. (Related Items: 12R-191, 12R-192, 12R-
193) (Action Date: 8/20/12)
Fact Sheet (150K)
Attachment (184K)
38) 12R-193 Amending the FY 11/12 CIP to authorize and
appropriate $1,606,500.00 in TIF funds for Gateway
Senior Living Center Phase I projects.
(Related Items: 12R-191, 12R-192, 12R-193)
(Action Date: 8/20/12)
Fact Sheet (131K)
39) 12R-194 Approving an amendment to the Interlocal Agreement
between the City of Lincoln and Lancaster County
for a Communications Center to continue to serve
the communications needs of the Lincoln Police
Department, Lincoln Fire & Rescue, Lancaster
County Sheriff's Office, and those rural Fire/EMS
agencies with membership in the Lancaster County
Mutual Aid Association.
Fact Sheet (102K)
Attachment (161K)
PENDING LIST - DATE CERTAIN
40) 12R-174 Action 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 Action only on 8/20/12)
41) 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. (8/6/12 - To have
2nd Reading/P.H. on 9/10/12)
Fact Sheet (204K)
PENDING LIST (EXTENDED ONE WEEK)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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 AUGUST ARE THE 13TH AND
27TH.
ADJOURNMENT 4:33 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