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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, DECEMBER 10, 2012 AT 3:00 P.M. ALL MEMBERS PRESENT THERE WILL BE NO MEETINGS THE WEEKS OF DECEMBER 24 AND 31 DUE TO THE HOLIDAYS ELECTION OF COUNCIL MEMBER TO FILL VACANCY (WAIVED COUNCIL RULES TO FOLLOW STATE LAW, 6-0; LLOYD HINKLEY ELECTED AS COUNCIL MEMBER, 6-0) 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-284 Reappointing Diane Bartels, Robert Baldwin, William A. Bowman, Charles W. "Bill" Bowmaster, Kenneth Orr, and Jesse L. Smith to the Veterans' Memorial Garden Advisory Council for terms expiring November 1, 2015. (ADOPTED, 6-0; A-87119) 2) 12R-285 Appointing Ron Lechner to the Veterans' Memorial Garden Advisory Council for a term expiring November 1, 2015. (ADOPTED, 6-0; A-87120) Attachment (80K) 3) 12R-286 Reappointing Micheal Thompson and S.A. Mora James to the Citizen Police Advisory Board for a terms expiring November 17, 2015. (ADOPTED, 6-0; A-87121) 4) 12R-287 Reappointing Sue Oldfield, Takako Olson and Mary Reece to the Human Rights Commission for terms expiring December 31, 2015. (ADOPTED, 6-0; A-87122) 5) 12R-288 Appointing Alan Doster to the Lincoln-Lancaster County Board of Health for a term expiring April 15, 2015. (ADOPTED, 6-0; A-87123) Attachment (76K) 6) 12R-289 Reappointing Timothy Plander to the Air Pollution Advisory Board for a term expiring October 15, 2015. (ADOPTED, 6-0; A-87124) 7) Resolution approving the distribution of funds representing interest earnings on short-term investments of Idle Funds during the month ended October 31, 2012. (ADOPTED, 6-0; A-87125) 8) Report from City Treasurer of City Cash on hand at the close of business October 31, 2012. (PLACED ON FILE) 9) Report from City Treasurer of E911 Surcharge for the time period September 30, 2012 through October 31, 2012. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 10) Setting the hearing date of Monday, January 7, 2013 at 3:00 p.m. for the application of Abby Normal, Inc. dba One More Bar for a Class C liquor license located at 836 N. 70th Street. (ADOPTED, 6-0; A-87126) 11) MISCELLANEOUS REFERRALS - NONE - END CONSENT AGENDA - PUBLIC HEARING LIQUOR RESOLUTIONS NONE PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 12 THRU 19 HAD 2ND READING) 12) 12-148 Repealing Ordinance No. 18002, passed on June 3, 2002, establishing a voluntary utility billing donation program by users of electricity furnished by the Lincoln Electric System, known as Lincoln Cares. Fact Sheet (121K) 13) 12-150 Annexation No. 12006 - Amending the Lincoln Corporate Limits Map by annexing approximately 100 acres generally located at North 84th Street and Havelock Avenue. Fact Sheet (370K) Attachment (492K) 14) 12-151 Change of Zone No. 04075D - Application of Village Gardens Development Company, LLC, to amend the Village Gardens Planned Unit Development to expand the area by approximately two acres; for a change of zone from AG Agriculture District to R-3 Residential District PUD on a portion of Outlot F, Village Meadows 3rd Addition; for a Planned Unit Development District designation of said property; and for a development plan with modifications to the Zoning Ordinance and Land Subdivision Ordinance to allow single family residential dwellings in the underlying R-3 zoned area generally located at South 62nd Street and Blanchard Boulevard. Fact Sheet (643K) 15) 12-153 Technical Amendments Ordinance amending Chapter 2.02 of the Lincoln Municipal Code relating to Governmental Organization, Chapter 2.14 relating to City Auditor, and Chapter 2.56 relating to Restrictions on Participation in Lotteries by amending Section 2.02.050, the title of Chapter 2.14, and Sections 2.14.010, 2.14.020, 2.14.030, 2.14.040, 2.14.050, 2.14.060, 2.14.070, 2.14.080, and 2.56.030 to reflect the change of title of the position of City Auditor to City Controller; amending Chapter 2.16 of the Lincoln Municipal Code relating to City Treasurer by amending Sections 2.16.040, 2.16.050, and 2.16.060 to change terminology to accord with modern practice and technology currently utilized by the City Treasurer; amending Chapter 3.04 of the Lincoln Municipal Code relating to Revenue and Finance General Provisions by amending Section 3.04.010 to accord with the 2007 amendment of the Lincoln Charter by providing that payments of approved claims may be made by checks or warrants. Fact Sheet (14K) 16) 12-154 Consent Amendments Ordinance amending Chapter 2.16 of the Lincoln Municipal Code relating to City Treasurer by amending Sections 2.16.090 and 2.16.100 to revise duties to accord with modern practice and technology currently utilized by the City Treasurer; amending Chapter 2.18 of the Lincoln Municipal Code relating to Purchasing Division by amending Sections 2.18.020 and 2.18.030 to raise departmental authority to make direct purchases to accord with federal requirements; amending Chapter 2.20 of the Lincoln Municipal Code relating to Fire and Rescue Department by amending Section 2.20.150 to transfer authority for fire hydrant use from the Fire Chief to the Director of Public Works and Utilities; amending Chapter 5.04 of the Lincoln Municipal Code relating to Alcoholic Liquor by amending Section 5.04.062 to require an application for a Special Designated License that does not require Council approval to be filed at least 21 days before the event to meet deadlines established by the Nebraska State Liquor Commission; amending Chapter 8.26 of the Lincoln Municipal Code relating to Nuisances by amending Section 8.26.040 to provide that no report of clearing a nuisance shall be required when the property owner has paid the assessment for clearing the nuisance before September 1; amending Chapter 10.26 of the Lincoln Municipal Code relating to Arterial Streets by repealing Section 10.26.136 to remove the designation of Forty-fifth Street as an arterial street, and amending Section 10.26.360 to designate the portion of Folsom Street between Rosa Parks Way and Capitol Parkway West as an arterial street. Fact Sheet (16K) Motion To Amend (36K) 17) 12-155 Technical Amendments Ordinance amending Chapter 2.20 of the Lincoln Municipal Code relating to the Fire and Rescue Department by amending Section 2.20.010 to update terminology to accord with current practice; amending Sections 2.20.050 and 2.20.080 to provide that the Fire Officer in command has authority at the scene of an emergency; amending Section 2.20.060 to provide that members of Lincoln Fire and Rescue will protect residences as well as businesses; amending Section 2.20.070 to provide for personnel identification other than badges and disposition of identification upon leaving the Department; amending Chapter 7.06 of the Lincoln Municipal Code relating to Routine Ambulance Service by amending Section 7.06.010 to clarify that the Finance Director issues licenses for ambulance service; amending Section 7.06.070 to provide that providers of routine ambulance service shall comply with medical protocols; amending Sections 7.06.090 and 7.06.100 to update terminology to accord with current practice; amending Chapter 7.08 relating to Emergency Ambulance Service by amending Section 7.08.040 to clarify that prohibition of emergency ambulance service does not apply to Lincoln Fire and Rescue; and amending Section 7.08.050 to clarify the definition of life-threatening condition. Fact Sheet (16K) 18) 12-156 Technical Amendments Ordinance amending Chapter 4.20 of the Lincoln Municipal Code, relating to the Library Board, by amending Section 4.20.010 to remove provisions relating to the initial appointments of members to the Library Board, and amending Section 4.20.020 by removing obsolete language that made the Library Board responsible for functions that are now performed by the Purchasing Division; amending Chapter 8.32 of the Lincoln Municipal Code, relating to Solid Wastes, by amending Section 8.32.150 to provide that increase in the occupation tax on solid wastes collected within the city limits, or collected outside the city limits and placed in public sanitary landfills, shall not take effect until September 1, 2013; amending Chapter 10.28 of the Lincoln Municipal Code relating to One-Way Street System by amending Section 10.28.020 to indicate that "P" Street is a two-way street between Tenth and Eleventh Streets; amending Chapter 12.04 of the Lincoln Municipal Code, relating to Parks and Recreation Advisory Board, by amending Section 12.04.020 to revise language to accord with current activities and responsibilities of the Parks and Recreation Advisory Board; amending Chapter 12.08 of the Lincoln Municipal Code, relating to General Rules and Regulations for Parks, by amending Section 12.08.140 to clarify the description of trailers that may not occupy parks during certain hours and amending Section 12.08.270 to reflect the re-naming of Lincoln Children's Zoo; amending Chapter 12.24 of the Lincoln Municipal Code, relating to Golf and Tennis under the Parks and Recreation Department, amending Chapter 12.28, relating to fishing in parks, and amending Chapter 12.32 of the Lincoln Municipal Code, relating to Boating in parks, by amending Sections 12.24.010, 12.24.020, 12.24.030, 12.24.060, 12.28.010, 12.28.040, and 12.32.040, to update language and the title of the Director of the Parks and Recreation Department, and to clarify procedures for approving and filing regulations; amending Chapter 12.36, relating to Folsom Children's Zoo, by amending the title of the chapter and Sections 12.36.010, 12.36.030, 12.36.040, 12.36.060, 12.36.070, and 12.36.090 to reflect the re-naming of the zoo as Lincoln Children's Zoo, and updating the title of the Director of the Parks and Recreation Department. Fact Sheet (16K) 19) 12-157 Consent Amendments Ordinance amending Chapter 12.08 of the Lincoln Municipal Code, relating to General Rules and Regulations for Parks, by amending Section 12.08.010 to define Hiker-Biker trail and Multi-use trails, and clarify that the definition of Roadway includes Multi-use trails, repealing Section 12.08.030 and 12.08.040, to remove the authorization to permit use of snowmobiles in parks, amending Section 12.08.060 by applying speed limits to multi-use trails, amending Section 12.08.070 to reflect the renaming of Bill Harris Park, clarifying that multi-use trails are open 24 hours a day and repealing the requirement that the Director of the Parks and Recreation Department report changes of park hours to the Parks and Recreation Advisory Board, amending Section 12.08.200 by providing that shooting model rockets and flying model aircraft are prohibited in parks, and amending Section 12.08.230, to provide that commercial activities may be permitted by the Director of the Parks and Recreation Department; amending Chapter 12.12 of the Lincoln Municipal Code, relating to Policing Parks Outside City by repealing that chapter, consisting of Section 12.12.010; amending Chapter 12.20 of the Lincoln Municipal Code, relating to Trees and Shrubbery, by amending Section 12.20.025 to delete the requirement for annual reports on tree planting; amending Chapter 12.32, relating to Boating in parks, by repealing Section 12.32.050 requirements for liability insurance for hauling passengers by boat for hire. Fact Sheet (16K) Motion To Amend (37K) Motion To Amend (36K) PUBLIC HEARING - RESOLUTIONS 20) 12R-293 Renaming Iron Horse Park generally located at 7th and Q Street as Bill Harris Park. (PLACED ON INDEFINITE PENDING & TO HAVE P.H. WHEN REMOVED FROM PENDING, 6-0) Fact Sheet (124K) 21) 12R-282 A resolution to declare the official intent of the City of Lincoln, Nebraska to reimburse certain expenses in connection with the acquisition, construction, equipping and furnishing of improvements to the City's solid waste management facilities from the proceeds of City of Lincoln, Nebraska solid waste management revenue bonds. (MTA #1 ADOPTED, 6-0; ADOPTED AS AMENDED, 6-0; A-87127) Motion To Amend (37K) 22) 12R-283 Approving a Program Services Agreement between the City of Lincoln on behalf of the Lincoln- Lancaster County Health Department and the Nebraska Department of Health and Human Services for the Every Woman Matters Program for a term of July 1, 2012 through June 30, 2017. (ADOPTED, 6-0; A-87128) Fact Sheet (81K) Attachment (478K) 23) 12R-290 Approving a Grant Contract between the Board of Trustees of the Community Health Endowment and the Lincoln-Lancaster County Health Department for the Extended Hours Dental Outreach Program for a term of January 1, 2013 through December 31, 2015 for a grant in the amount of $142,265.00. (ADOPTED, 6-0; A-87129) Fact Sheet (81K) Attachment (354K) 24) 12R-272 Approving an Amendment to the Agreement between the City of Lincoln on behalf of the Lincoln- Lancaster County Health Department and the Nebraska Department of Environmental Quality for the Health Department's Air Quality Program 105 Workplan to extend the term until December 31, 2012. (12/3/12 - P.H. con't to 12/10/12 w/Action) (MTA #1 ADOPTED, 6-0; ADOPTED, 6-0; A-87130) Fact Sheet (84K) Attachment (76K) Motion To Amend (79K) 25) 12R-291 Approving two Contract Agreements between the City and Mid American Signal and Brown Traffic Products, Inc. to provide the Annual Supply of Traffic Signal Equipment, pursuant to Bid No. 12-236, for four year terms. (ADOPTED, 6-0; A-87131) Fact Sheet (179K) Attachment (2263K) 26) 12R-292 Approving two Contract Agreements between the City and John Henry's Plumbing, Heating & AC and Dworak Plumbing for Unit Price Contract for General Plumbing and Plumbing Less than 2", pursuant to Bid No. 12-153, for four year terms. (ADOPTED, 6-0; A-87132) Fact Sheet (127K) Attachment (9481K) 27) 12R-294 Assessing the costs incurred for cutting, clearing and removing weeds against the various benefitted properties for the period of January 1, through December 31, 2012. (ADOPTED, 6-0; A-87133) Attachment (792K) 28) 12R-295 Approving a Grant Contract between the City of Lincoln and Lancaster County for funding the development of a recreational trail in conjunction with the Prairie Corridor Project on Haines Branch in an amount of $60,000 from the Lancaster County Visitors Improvement Fund over a three year period from October 1, 2012 through June 30, 2015. (ADOPTED, 6-0; A-87134) Fact Sheet (46K) Attachment (846K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 29) 12-142 Annexation No. 12004 - Amending the Lincoln Corporate Limits Map by annexing approximately 4.6 acres generally located at South 84th Street and Amber Hill Road. (Related Items: 12-142, 12-143, 12R-281) (Action Date: 12/10/12) (PASSED, 6-0; #19805) Fact Sheet (1836K) Attachment (577K) 30) 12-143 Change of Zone 12027 - Application of Fox Hollow, LLC, for a change of zone from AGR Agriculture Residential District to R-3 Residential District on property generally located at South 84th Street and Amber Hill Road. (Related Items: 12-142, 12-143, 12R- 281) (Action Date: 12/10/12) (PASSED, 6-0; #19806) Fact Sheet (1881K) 31) 12R-281 Special Permit No. 06001B - Appeal of Russ Kromberg from the Planning Commission approval of an amendment to the Grand Terrace Community Unit Plan to add 4.6 acres and up to 31 additional dwelling units, with a waiver of the Design Standards for cul-de-sac bulb radius from 43.5' to 30' on property generally located at South 84th Street and Amber Hill Road. (Related Items: 12-142, 12-143, 12R-281) (Action Date: 12/10/12) (ADOPTED, 6-0; A-87135) Fact Sheet (2467K) 32) 12-144 Comp. Plan Conformance 12012 - Declaring approximately 0.15 acres of property generally located southeast of North 20th Street and O Street, 0.59 acres of property generally located northeast of South 20th Street and N Street, and 0.23 acres of property generally located northwest of South 21st Street and M Street as surplus property. (PASSED, 6-0; #19807) Fact Sheet (1312K) 33) 12-145 Vacation 12008 - Vacating a portion of South 38th Street right-of-way, generally located at South 38th Street and South Street. (PASSED, 6-0; #19808) Fact Sheet (1005K) 34) 12-146 Ratifying an Ordinance to vacate T, U and V Streets between 8th and 9th Streets in the City of Lincoln, the alley extending through and into Blocks 18, 9, and 6 in Original Lincoln and Block 14 in North Lincoln, and the unnamed right-of-way between 8th and 9th Streets lying between what was originally platted as Block 14 of North Lincoln and Block 6 of Original Lincoln which was passed February 15, 1886 and republished in the general revised and consolidated ordinance of the City of Lincoln, being Ordinance No. 623, which was printed and published in book and pamphlet form in the City of Lincoln in pursuance of the provisions of the statutes of the State of Nebraska and the ordinance of the City of Lincoln, and by order and under the authority of the Mayor and City Council of the City of Lincoln. (PASSED, 6-0; #19809) Fact Sheet (16K) 35) 12-147 Approving a License Agreement for Parking between the City of Lincoln and the Community Health Endowment designating four parking spaces in the Union Plaza parking lot, generally located north of North 21st Street and Q Street, for use by the Community Health Endowment. (PASSED, 6-0; #19810) Fact Sheet (128K) Attachment (350K) 36) 12-149 Amending Lincoln Municipal Code §§ 2.02.050, 2.02.120 and 2.02.065 to transfer the responsibility and management of the Emergency Communication Center from the Finance Department to the Police Department; and by amending Lincoln Municipal Code §2.02.065 to make the Public Safety Director a permanent position. (Related Items 12-149, 12R-194) (PASSED, 6-0; #19811) Fact Sheet (12K) 37) 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.) (11/19/12 -Request to remove from Pending for Public Hearing on 12/3/12) (Related Items: 12-149, 12R-194) (MTA #1 ADOPTED, 6-0; ADOPTED AS AMENDED, 6-0; A-87136) Fact Sheet (102K) Attachment (161K) Motion To Amend (907K) 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 38 THRU 42 HAD 1ST READING) 38) 12R-296 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of November 16- 30, 2012. Fact Sheet (10K) Attachment (25K) 39) 12R-297 Appointing Tracy Corr and Dennis D. Scheer to the Lincoln-Lancaster County Planning Commission for term expiring August 24, 2017. Attachment (112K) 40) 12R-298 Approving a Cooperative Agreement between the Nebraska Department of Environmental Quality and the City of Lincoln regarding State of Nebraska Grant funding from the Stormwater Management Plan. Fact Sheet (13K) Attachment (304K) 41) 12R-299 Approving the City of Lincoln Public Art Master Plan for works of art to be placed on City-owned property. Fact Sheet (137K) Attachment (9719K) 42) 12R-300 Approving a Memorandum of Agreement between the City of Lincoln and O.P.P.D. for fiber attachment points to poles to connect fiber cable at the well sites of the Lincoln Water System in Ashland. Fact Sheet (13K) Attachment (70451K) PENDING LIST - DATE CERTAIN - NONE PENDING LIST (EXTENDED ONE WEEK) 43) 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) 44) 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) 45) 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) 46) 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) 47) 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) 48) 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) 49) 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) 50) 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) 51) 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) 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 DECEMBER WHICH IS DECEMBER 17TH AT 5:30 P.M. ADJOURNMENT 4:41 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