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

Formal Agenda


          ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                  MONDAY, MARCH 4, 2013 AT 3:00 P.M.

                  ALL MEMBERS PRESENT EXCEPT EMERY

                            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)  13R-46    Reappointing Jason Christenson to the Audit
               Advisory Board for a term expiring March 1, 2016.
               (ADOPTED, 6-0; A-87224)

 2)  13R-47    Reappointing John Kay and Tom Laging to the
               Nebraska Capitol Environs Commission for terms
               expiring January 9, 2016. (ADOPTED, 6-0; A-87225)

 3)  13R-48    Reappointing Francis Moul to the Community
               Forestry Advisory Board for a term expiring March
               17, 2016. (ADOPTED, 6-0; A-87226)

 4)  13R-49    Reappointing Michele Tilley and Mary Ann Wells to
               the Urban Design Committee for terms expiring
               February 1, 2016. (ADOPTED, 6-0; A-87227)

 5)  13R-50    Appointing Dr. Martha Shulski to the Air Pollution
               Control Advisory Board for a term expiring
               September 1, 2015. (ADOPTED, 6-0; A-87228)
               Attachment (101K)


PETITIONS & COMMUNICATIONS

 6)            Informal petition to create a Water District on
               property located on Dudley Street from 50th to
               51st Streets, submitted by Robert Kirstine. 
               (REFERRED TO PUBLIC WORKS ON 2/27/13)

 7)            Setting the hearing date of Monday, March 18, 2013
               at 3:00 p.m. for the application of Don E. Young,
               II dba Capital Cigar Company for a Class D liquor
               license located at 333 N. Cotner, Suite 6.
               (ADOPTED, 6-0; A-87229)

 8)            Setting the hearing date of Monday, March 18, 2013
               at 3:00 p.m. for the application of Kit Sam & Lan
               Trinh dba Shen Cafe for a Class A liquor license
               located at 3520 Village Drive, Suite 100-200.
               (ADOPTED, 6-0; A-87230)

 9)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 12066 to
               Change of Zone No. 05054A, Prairie Village North
               Planned Unit Development, approved by the Planning
               Director on February 20, 2013 requested by
               Starostka-Lewis, Inc. to show the final lot layout
               of 27 single family units along N. 91st St. and
               Stetson Dr. and 34 single family attached units
               along N. 89th St. on property generally located
               northeast of N. 84th St. and Adams St.


10)     MISCELLANEOUS REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

11)            Application of RMH Franchise Corporation dba
               Applebee's Neighborhood Grill and Bar for a Class
               I liquor license at 6100 O Street, Unit C-318.
               (ADOPTED FOR APPROVAL, 6-0; A-87231)

12)            Manager application of John C. Gabel for RMH
               Franchise Corporation dba Applebee's Neighborhood
               Grill and Bar at 6100 O Street, Unit C-318.
               (ADOPTED FOR APPROVAL, 6-0; A-87232)

13)            Application of RMH Franchise Corporation dba
               Applebee's Neighborhood Grill and Bar for a Class
               I liquor license at 1133 Q Street.
               (ADOPTED FOR APPROVAL, 6-0; A-87233)

14)            Manager application of John C. Gabel for RMH
               Franchise Corporation dba Applebee's Neighborhood
               Grill and Bar at 1133 Q Street.
               (ADOPTED FOR APPROVAL, 6-0; A-87234)

15)            Application of RMH Franchise Corporation dba
               Applebee's Neighborhood Grill and Bar for a Class
               I liquor license at 3730 Village Drive.
               (ADOPTED FOR APPROVAL, 6-0; A-87235)

16)            Manager application of John C. Gabel for RMH
               Franchise Corporation dba Applebee's Neighborhood
               Grill and Bar at 3730 Village Drive.
               (ADOPTED FOR APPROVAL, 6-0; A-87236)

17)            Application of RMH Franchise Corporation dba
               Applebee's Neighborhood Grill and Bar for a Class
               I liquor license at 3951 North 27th Street.
               (ADOPTED FOR APPROVAL, 6-0; A-87237)

18)            Manager application of John C. Gabel for RMH
               Franchise Corporation dba Applebee's Neighborhood
               Grill and Bar at 3951 North 27th Street.
               (ADOPTED FOR APPROVAL, 6-0; A-87238)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 19
THRU 28 HAD 2ND READING)

19)  13-27     Vacation No. 12009 - Vacating the north-south
               alley between West O Street and West Monroe
               Street, east of S.W. 44th Street.
               Fact Sheet (261K)

20)  13-28     Adopting the supplements to the Lincoln
               Municipal Code dated June 2012 and December
               2012 as part of the official Lincoln
               Municipal Code.
               Fact Sheet (10K)

21)  13-29     Authorizing the issuance of tax allocation
               bonds with a total not to exceed amount of
               $2,248,347 for the City of Lincoln, West
               Haymarket Redevelopment Project in Downtown
               Lincoln. (Related Items: 13-29, 13R-54,
               13-R-55, 13R-60) (Action Date: 3/11/13)
               Motion To Amend (142K)

22)  13R-54    Approving an amendment to the FY 12/13 CIP to
               authorize and appropriate $2,248,347 in TIF funds
               for the P Street and Canopy Street Redevelopment
               Project on private property generally located on
               the northeast quarter of the block between the
               future Canopy Street and the future Pinnacle Arena
               Drive, and O and P Street, and public property and
               rights of way in West Haymarket in Downtown
               Lincoln. (Related Items: 13-29, 13R-54, 13R-55,
               13R-60) (Action Date: 3/11/13)
               Fact Sheet (130K)

23)  13R-55    Approving the West Haymarket P Street and Canopy
               Street Redevelopment Project Redevelopment
               Agreement between Project Oscar, LLC and the City
               relating to the redevelopment of property on
               private property generally located on the
               northeast quarter of the block between the future
               Canopy Street and the future Pinnacle Arena Drive,
               and O and P Street, and public property and rights
               of way in West Haymarket in Downtown Lincoln.
               (Related Items: 13-29, 13R-54, 13R-55, 13R-60)
               (Action Date: 3/11/13)
               Fact Sheet (12K)
               Attachment (1984K)

24)  13R-60    Approving the issuance of not to exceed
               $30,000,000 of General Obligation Facility Bonds
               of the West Haymarket Joint Public Agency for the
               purpose of financing the costs of constructing two
               parking garages (Deck 2 and Deck 3) in the West
               Haymarket Redevelopment Area of the City of
               Lincoln. (Related Items: 13-29, 13R-54, 13R-55,
               13R-60) (Action Date: 3/11/13)
               Fact Sheet (12K)
               Motion To Amend (21K)

25)  13-30     Authorizing the purchase agreement for the
               sale of surplus property generally located at
               18th and Q Streets in Downtown Lincoln to the
               University of Nebraska Board of Regents.
               (Related Items: 13-30, 13-31, 13R-56, 13R-57)
               (Action Date: 3/11/13)
               Fact Sheet (84K)
               Attachment (34K)

26)  13-31     Authorizing the issuance of tax allocation
               bonds with a total not to exceed amount of
               $4,304,577 for the City of Lincoln, 18th and
               Q Redevelopment Project in Greater Downtown
               Lincoln. (Related Items: 13-30, 13-31,
               13R-56, 13R-57) (Action Date: 3/11/13)

27)  13R-56    Approving an amendment to the FY 12/13 CIP to
               authorize and appropriate $4,304,577 in TIF funds
               for the 18th and Q Redevelopment Project on
               private property generally located in the block
               bounded by 18th Street and Antelope Valley
               Parkway, and Q and R Street, and adjacent rights
               of way in Greater Downtown Lincoln. (Related
               Items: 13-30, 13-31, 13R-56, 13R-57)
               (Action Date: 3/11/13)
               Fact Sheet (129K)

28)  13R-57    Approving the 18th and Q Redevelopment Project
               Agreement between AF-18R-Lincoln and the City
               relating to the redevelopment of property on
               private property generally located on the block
               bounded by 18th Street and Antelope Valley
               Parkway, and Q and R Streets, and adjacent rights
               of way in Greater Downtown Lincoln. (Related
               Items: 13-30, 13-31, 13R-56, 13R-57)
               (Action Date: 3/11/13)
               Fact Sheet (12K)
               Attachment (2422K)


PUBLIC HEARING - RESOLUTIONS

29)  13R-58    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of February 1 -
               15, 2013. (ADOPTED, 6-0; A-87239)
               Fact Sheet (10K)
               Attachment (24K)

30)  13R-51    Approving a Contract Agreement between the City of
               Lincoln and Nebraska Environmental Products for
               the annual requirements of Metam Based Foaming
               Sewer Root Control, pursuant to Quote No. 4350,
               for a four year term. (ADOPTED, 6-0; A-87240)
               Fact Sheet (127K)
               Attachment (9156K)

31)  13R-52    Approving a Contract Agreement between the City of
               Lincoln, Aging Partners, and News Link for
               Production of "Living Well" Magazine, pursuant to
               Bid No. 12-118, for a two year term with the
               option to renew for one additional two year term.
               (ADOPTED, 6-0; A-87241)
               Fact Sheet (137K)
               Attachment (1675K)

32)  13R-53    Approving a Contract Agreement between the City of
               Lincoln, Aging Partners, and Moore Wallace North
               America, Inc. for Printing and Mailing of "Living
               Well" Magazine, pursuant to Bid No. 12-119, for a
               two year term with the option to renew for one
               additional two year term. (ADOPTED, 6-0; A-87242)
               Fact Sheet (134K)
               Attachment (2530K)

33)  13R-59    Approving a Contract for the operation of a Keno
               type lottery between the City of Lincoln and EHPV
               Lottery Services LLC, for a five-year term
               commencing March 10, 2013. (ADOPTED, 6-0; A-87243)
               Fact Sheet (86K)
               Attachment (3221K)

                                             
                      - END PUBLIC HEARING -


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

34)  13-7      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 "Public Works and
               Utilities Assistant Director." (2/11/14 -
               Action Delayed 2 wks to 2/25/13) (Request to con't
               Action one week to 03/04/13) (2/25/13 - Action
               Delayed 1 wk to 3/4/13) (PASSED, 4-2; CARROLL, 
               ESKRIDGE, HINKLEY, SCHIMEK ASSENTING; CAMP,
               COOK DISSENTING; #19842)
               Fact Sheet (12K)
               Attachment (9K)

35)  13-25     Authorizing the issuance by the City of its
               general obligation arena bonds in an
               aggregate principal amount not to exceed
               $25,000,000 for the purpose of paying the
               costs incident to acquiring, constructing,
               equipping and furnishing the Pinnacle Bank
               Arena and related facilities and
               improvements; pledging the income, proceeds,
               and revenue of the arena, appropriations from
               the State of Nebraska and other State
               sources, and other available revenue, income
               and receipts of the City, including certain
               sales, use, occupation and/or property tax
               revenue, fees or receipts sufficient to pay
               the principal of and the interest on said
               bonds as they become due and payable; and
               related matters. (PASSED, 6-0; #19843)

36)  13-26     Authorizing the issuance by the City of its
               general obligation stormwater bonds in an
               aggregate principal amount not to exceed
               $7,900,000 for the purpose of paying the
               costs of improving and extending the City's
               stormwater drainage and flood management
               system, the levying of a tax on all taxable
               property within the City to pay the
               principal, premium and interest on such
               bonds, and related matters.
               (PASSED, 6-0; #19844)

37)  13-22     Change of Zone 12021 - Application of
               Interstate Land, LLC for a change of zone
               from I-1 Industrial District to R-3
               Residential District Planned Unit Development
               to allow a campground, multi-family
               residential and any use allowed in the I-1
               Industrial District on the underlying R-3
               Residential zoned  area on property generally
               located at N.W. 12th Street and Cornhusker
               Highway. (MTA #2 ADOPTED, 6-0; PASSED AS
               AMENDED, 6-0; #19845)
               Fact Sheet (1520K)
               Motion To Amend (8K)

38)  13R-40    Approving the Manor of Lincoln Development and
               Conditional Zoning Agreement between Manor of
               Lincoln, Inc. and the City of Lincoln to limit
               uses on the property to office, veterinary
               facility and those B-1 uses also allowed in the 
               R-2 Residential District on property generally
               located at North 14th Street and Knox Street
               should the property be re-zoned from R-2
               Residential District to B-1 Local Business
               District. (Related Items: 13R-40, 13-23)
               (Action Date: 3/4/13) (ADOPTED, 6-0; A-87244)
               Fact Sheet (94K)
               Attachment (135K)

39)  13-23     Change of Zone 12040 - Application of Manor
               of Lincoln for a change of zone from R-2
               Residential District to B-1 Local Business
               District on property generally located at
               North 14th Street and Knox Street.
               (Related Items: 13R-40, 13-23)
               (Action Date: 3/4/13) (PASSED, 6-0; #19846)
               Fact Sheet (882K)

40)  13-24     Approving a Lease between the City of Lincoln
               and Constellation Studios, LLC for the lease
               of City property generally located at the
               southwest corner of 21st and O Streets for a
               five year term with options to renew for two
               additional five year terms. (PASSED, 6-0; #19847)
               Fact Sheet (132K)
               Attachment (1673K)


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 41
THRU 47 HAD 1ST READING)

41)  13-32     Change of Zone 13003 - Application of Sigma
               Alpha Epsilon Building Association for a
               change of zone from R-7 Residential District
               to R-7 Residential District with Landmark
               Overlay, designating the Sigma Alpha Epsilon
               Fraternity House as a Landmark, on property
               generally located at 635 North 16th Street.
               Fact Sheet (1885K)
               Attachment (3616K)

42)  13-33     Vacation 12010 - Vacating the north 12 feet
               of the Prescott Avenue right-of-way between
               South 48th Street and South 52nd Street.
               Fact Sheet (1197K)

43)  13-34     Approving the License Agreement for Parking
               between the City of Lincoln and the Salvation
               Army for the use of five parking spaces
               within the Pentzer Park parking lot generally
               located at North 27th Street and Potter
               Street.
               Fact Sheet (92K)
               Attachment (715K)

44)  13-35     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 changing the
               classification title of "Division Chief of
               Maintenance" to "Division Chief of
               Logistics."
               Fact Sheet (120K)

45)  13-36     Amending the pay schedule for a certain
               employee groups whose classification is
               assigned to the pay range which is prefixed
               by the letter "M"  by creating the
               classifications of "Fiber Network and
               Infrastructure Manager." 
               Fact Sheet (113K)
               Attachment (131K)

46)  13-37     Amending the pay schedule for a certain
               employee group whose classification is
               assigned to the pay range which is prefixed
               by the letter "A" by creating the
               classifications of "Impact Fee
               Administrator."
               Fact Sheet (100K)
               Attachment (99K)

47)  13-38     Approving the Lease Agreement between the
               City of Lincoln and NebraskaLink Holdings,
               LLC to occupy space in the City's Lincoln
               Technology Improvement District conduit
               system for a 20 year term.
               Fact Sheet (12K)
               Attachment (2000K)


RESOLUTIONS - 1ST READING (ITEMS 48 THRU 50 HAD 1ST READING)

48)  13R-61    Waiver 13006 - Application of Pius X High School
               to waive the parking lot surfacing requirement,
               pursuant to Section 27.67.100(c) of the Lincoln
               Municipal Code, on property generally located at
               the northwest corner of Eldon Drive and A Street.
               Fact Sheet (1221K)

49)  13R-62    Amending the Lincoln-Lancaster County Air
               Pollution Control Regulations and Standards to
               modify emissions fees for regulated air
               pollutants.
               Fact Sheet (305K)
               Attachment (19K)

50)  13R-63    Approving appropriations in the amount of
               $41,741.00 from the operation of keno lottery
               funds for various human services (round 37) and
               allocating $5,000.00 to the 2013 H.S. Emergency
               Fund for a total of $46,741.00.
               Attachment (103K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

51)  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

52)  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)

53)            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)

54)  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)

55)  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)


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 MARCH ARE THE 11TH AND
     25TH.


ADJOURNMENT   4:28 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