City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
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)
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