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

Formal Agenda


                         BOARD OF EQUALIZATION
         IMMEDIATELY PRECEDING THE REGULAR CITY COUNCIL MEETING
              THE CITY COUNCIL WILL CONVENE TO EQUALIZE THE 
                           ASSESSMENTS FOR THE 
                  DOWNTOWN BUSINESS IMPROVEMENT DISTRICT
          THE CORE BUSINESS IMPROVEMENT DISTRICT OVERLAY & THE 
                   MAINTENANCE IMPROVEMENT DISTRICT
                                                     (APPROVED, 7-0)

       THERE WILL BE NO MEETINGS THE WEEKS OF NOVEMBER 12 AND 26


          ACTION FROM THE  REGULAR CITY COUNCIL MEETING HELD
                MONDAY, NOVEMBER 5, 2012 AT 3:00 P.M.

                         ALL MEMBERS PRESENT

                            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 the weed abatement
               assessments for the 2012 calendar year.
               (PLACED ON FILE)

 2)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on October 22, 2012.
               (PLACED ON FILE)

 3)            Report from City Treasurer of E911 surcharge for
               the time period November 30, 2011 through
               September 30, 2012.  (PLACED ON FILE)

 4)            Resolution approving the distribution of funds
               representing interest earnings on short-term
               investments of Idle Funds during the month ended
               September 30, 2012. (ADOPTED, 7-0; A-87075)


PETITIONS & COMMUNICATIONS

 5)            Setting the hearing date of Monday, November 19,
               2012 at 5:30 p.m. for the application of Red
               Herring Concepts, LLC dba Lead Belly for a Class
               CK liquor license located at 301 N. 8th Street,
               Suite 100. (APPROVED, 7-0; A-87076)

 6)            REFERRALS TO THE PLANNING DEPARTMENT:
               Change of Zone No. 04075D - Requested by
               Olsson Associates for an amendment to the
               Village Gardens Planned Unit Development for
               expansion of the area of the PUD by
               approximately 2 acres; for a change of zone from
               AG Agriculture District to R-3 Residential
               District PUD on property generally located at
               South 62nd Street and Blanchard Boulevard; for a
               Planned Unit Development District designation of
               said property; and for approval of a development
               plan which proposes modifications to the Zoning
               Ordinance and Land Subdivision Ordinance to
               allow single family residential dwellings on the
               underlying R-3 zoned area.
               Use Permit No. 11001A - Requested by
               Olsson Associates for an amendment to increase
               the building area from 11,350 square feet to
               23,310 square feet on property generally located
               at West A Street and Highway 77.

 7)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 12039 to Use
               Permit No. 132B, The Humane Society at
               Willowbrook Shopping Center, approved by the
               Planning Director on October 24, 2012 requested
               by Capital Humane Society to show a fenced dog
               run area with enhanced landscape screening
               within the 100 ft. setback to buildings and 75
               ft. setback to parking areas adjacent to Highway
               2 on property generally located near South 70th
               Street and Highway 2.


 8)  MISCELLANEOUS  REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 9)            Application of North American Martyrs Catholic
               Church for a special designated license to cover
               an area  measuring approximately 40 feet by 18
               feet in the parking lot at 1101 Isaac Drive on
               November 18, 2012 from 12:00 p.m. to 4:00 P.M.
               (ADOPTED FOR APPROVAL, 7-0; A-87077)

10)            Application of Xela, Inc. dba Legends Bar and
               Grill for a Class C liquor license at 8300
               Northwoods Drive. (ACTION DELAYED TWO WEEKS
               W/CON'T P.H. ON 11/19/12, 7-0)

11)            Manager application of Jason Von Kaenel for
               Xela, Inc. dba Legends Bar and Grill at 8300
               Northwoods Drive. (ACTION DELAYED TWO WEEKS
               W/CON'T P.H. ON 11/19/12, 7-0)

12)            Application of Ironhorse LLC dba Cask for a
               Class C liquor license at 728 Q Street, Suite B.
               (ADOPTED FOR APPROVAL, 7-0; A-87078)

13)            Manager application of Kevin Blazek for
               Ironhorse LLC dba Cask at 728 Q Street, Suite B.
               (ADOPTED FOR APPROVAL, 7-0; A-87079)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 14 
THRU 17 HAD 2ND READING)

14)  12-138    Comp. Plan Conformance 12015 - Declaring two
               parcels of property consisting of approximately
               1.52 acres generally located south of Line Drive
               between North 3rd Street and North 7th Street as
               surplus property.
               Fact Sheet (342K)

15)  12-139    Amending Section 2.76.155 of the Lincoln
               Municipal Code relating to longevity pay to
               delete longevity pay paid to employees in pay
               ranges prefixed by "E" who reach five years of
               service after August 15, 2012.
               Fact Sheet (125K)

16)  12-140    Amending Section 2.76.380 of the Lincoln
               Municipal Code relating to Sick Leave with Pay
               to add language to clarify the payout provisions
               upon retirement, death, or reduction in force
               for employees in pay ranges prefixed by "A" and
               "C" and to add language relating to sick leave
               payout upon resignation for unrepresented
               employees in pay ranges prefixed by "E."
               Fact Sheet (130K)

17)  12-141    Amending Chapter 3.24 of the Lincoln Municipal
               Code relating to occupation taxes by amending
               §3.24.080 to eliminate the application of
               the telecommunication occupation tax to
               telecommunication equipment and certain
               telecommunication services; and, to clarify that
               the telecommunication occupation tax continues
               to apply to private communication services;
               amending §3.24.100 to require companies to
               report telecommunication services revenues by
               categories; and, amending §3.24.150 to
               remove the references to the Finance Department
               providing written interpretations of the
               applicability of the telecommunication
               occupation tax.
               Fact Sheet (14K)


PUBLIC HEARING - RESOLUTIONS

18)  12R-256   Approving an Agreement between the City of
               Lincoln, Lancaster County and Bryan Medical
               Center to provide lab services to employees for
               a four year term of November 1, 2012 through
               October 31, 2016. (ADOPTED, 7-0; A-87080)
               Fact Sheet (98K)
               Attachment (451K)

19)  12R-261   Approving an Amendment to Agreement for Computer
               Equipment, Peripherals, and Related Services,
               WSCA/NASPO Master Price Agreement Number B27164
               between the City of Lincoln, Lancaster County,
               Lincoln-Lancaster County Public Building
               Commission and Hewlett Packard Company to extend
               the term for an additional two-year term from
               September 1, 2012 through August 31, 2014.
               (ADOPTED, 7-0; A-87081)
               Fact Sheet (137K)
               Attachment (391K)

20)  12R-262   Approving an Amendment to Agreement for Computer
               Equipment, Peripherals, and Related Services,
               WSCA/NASPO Master Price Agreement Number B27160
               between the City of Lincoln, Lancaster County,
               Lincoln-Lancaster County Public Building
               Commission and Dell Marketing, L.P. to extend
               the term for an additional two-year term from
               September 1, 2012 through August 31, 2014.
               (ADOPTED, 7-0; A-87082)
               Fact Sheet (138K)
               Attachment (418K)

21)  12R-257   Approving a Service Agreement between the City
               of Lincoln on behalf of the Lincoln-Lancaster
               County Health Department and Southeast Community
               College to provide clinical training for
               nursing, medical assistant, medical coding
               students and dental assistant students at the
               Lincoln-Lancaster County Health Department for a
               period of November 1, 2012 through October 31,
               2015. (ADOPTED, 7-0; A-87083)
               Fact Sheet (83K)
               Attachment (759K)

22)  12R-258   Approving a Service Agreement between the City
               of Lincoln on behalf of the Lincoln-Lancaster
               County Health Department and the Board of
               Regents of the University of Nebraska on behalf
               of the College of Nursing to provide clinical
               training for public health students at the
               Health Department for a term of July 1, 2012
               through June 30, 2015.
               (ADOPTED, 7-0; A-87084)
               Fact Sheet (83K)
               Attachment (766K)

23)  12R-263   Approving a Service Contract between the
               Nebraska Department of Health and Human
               Services, Division of Public Health Lifespan
               Health Unit, Nebraska Colon Cancer Program, and
               the City of Lincoln on behalf of the
               Lincoln-Lancaster County Health Department for
               the Colon Cancer (FOBT) Project for a two year
               term from September 17, 2012 through June 30,
               2014 in an amount of $50,000.00.
               (ADOPTED, 7-0; A-87085)
               Fact Sheet (85K)
               Attachment (711K)

24)  12R-259   Special Permit No. 1118A - Application of
               Vindonale, Inc. to amend the special permit for
               Historic Preservation of the Tifereth House to
               waive the parking requirement for an existing
               landmark used as apartments on property
               generally located at 344 South 18th Street.
               (ADOPTED, 7-0; A-87086)
               Fact Sheet (1389K)

25)  12R-260   Authorizing the Mayor to execute an Agreement
               between the City of Lincoln and the State of
               Nebraska Department of Roads (NDOR) to allow the
               State to provide $400,000 in District
               Maintenance funds for the repair and resurfacing
               of selected state highways in fiscal year 2013.
               (ADOPTED, 7-0; A-87087)
               Fact Sheet (12K)
               Attachment (103K)

                      - END PUBLIC HEARING -


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

26)  12-137    Approving the allocation of $748,000 annually of
               Capital Improvement Funds appropriated in the FY
               2012 - 13 and FY 2013 - 14 budget to certain
               projects within the Parks and Recreation
               Department. (MTA #1 ADOPTED, 7-0;
               PASSED AS AMENDED, 7-0; #19800)
               Fact Sheet (154K)
               Attachment (93K)
	       Motion to Amend


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)

     NONE


RESOLUTIONS - 1ST READING (ITEMS 27 THRU 34 HAD 1ST READING)

27)  12R-264   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of October 16-
               31, 2012.
               Fact Sheet (10K)
               Attachment (23K)

28)  12R-265   Approving an Agreement between the City of
               Lincoln and Cornhusker Place of Lincoln-
               Lancaster County, Inc. for the provision of
               protective custody services for those
               individuals with alcohol and drug abuse problems
               and for space for the Lincoln Police Department
               to conduct chemical testing and related services
               for a three-year term from October 1, 2013
               through September 30, 2016.
               Fact Sheet (12K)
               Attachment (568K)

29)  12R-266   Appointing Douglas McDaniel to the Lincoln-
               Lancaster County EMS Oversight Authority Board
               for a term expiring September 1, 2015.
               Attachment (72K)

30)  12R-267   Adopting the LES Rate Schedules providing for a
               system average rate increase of 2.6%, effective
               January 1, 2013. (Action date: 12/3/12)
               Fact Sheet (159K)
               Attachment (2475K)

31)  12R-271   Adopting the Lincoln Electric System Annual
               Budget for 2013, to become effective January 1,
               2013. (Action date: 12/3/12)
               Attachment (785K)

32)  12R-268   Approving the selection of Pavers Companies as
               lowest bidder and authorizing execution of the
               construction contract between the City and the
               Nebraska Dept. of Roads for the use of Federal
               Transportation Program funds for Project No.
               LCLC-5228(4), Lincoln Citywide Resurfacing
               Project.
               Fact Sheet (18K)
               Attachment (718K)

33)  12R-269   Approving the selection of United Contractors
               Inc. as lowest bidder and authorizing execution
               of the construction contract between the City
               and the Nebraska Dept. of Roads for the use of
               Federal Transportation Program funds for Project
               No. STPN-BRR-TMT-5267(1), SW 40th Street viaduct
               project.
               Fact Sheet (13K)
               Attachment (1769K)

34)  12R-270   Approving the selection of United Contractors
               Inc. as lowest bidder and authorizing execution
               of the construction contract between the City
               and the Nebraska Dept. of Roads for the use of
               Federal Transportation Program funds for Project
               No. LCLC-5231(13), 27th Street viaduct repair
               project.
               Fact Sheet (13K)
               Attachment (428K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST   (EXTENDED TWO WEEKS)

35)  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)

36)  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)

37)  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)

38)  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)

39)            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)

40)  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)

41)  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)

42)  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)

43)  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)
               (9/10/12 - Placed on Indefinite
               Pending)
               Fact Sheet (204K)

44)  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.
               (8/20/12 - P.H. con't to 9/10/12) (9/10/12 -
               con't P.H. to 9/17/12) (9/17/12 - P.H. con't to
               9/24/12) (9/24/12 - con't P.H. to 10/8/12)
               (10/8/12 - Indefinite Pending w/con't future
               P.H.)
               Fact Sheet (102K)
               Attachment (161K)


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 FOR THE MONTH OF NOVEMBER
     WHICH IS NOVEMBER 19TH AT 5:30 P.M.


ADJOURNMENT   3:45 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