City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 15, 2008 AT 5:30 P.M.
ALL MEMBERS PRESENT
Anyone wishing to address an item on the Consent Agenda may do so at this time
PUBLIC HEARING
- CONSENT AGENDA -
REPORTS OF CITY OFFICERS
1) Report from City Treasurer of City Cash on hand
at the close of business July 31, 2008.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
2) Setting the hearing date of Monday, September
29, 2008 at 5:30 p.m. for the application of
Hy-Vee, Inc. dba Hy-Vee #1 for a change of location
from their current Class C liquor license at
6919 O Street to the new Heartland Pantry
describing the licensed area as a one story
irregular-shaped building approx. 142 ft. x 188
ft. located at 2343 N. 48th Street.
(ADOPTED, 7-0; A-85011)
3) Setting the hearing date of Monday, September
29, 2008 at 5:30 p.m. for the application of
Lancaster County Agricultural Society, Inc. dba
Lancaster Event Center for an addition to
premise of their existing Class C liquor license
adding the following: Business Center, approx.
240 ft. x 60 ft.; Amy Countryman Arena, approx.
244 ft. x 359 ft.; and Pavilion III, approx. 299
ft. x 243 ft. all located at 4100 N. 84th Street.
(ADOPTED, 7-0; A-85012)
4) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
5) Application of Rendevous Cocktail Lounge Inc.
dba Rendevous Cocktail Lounge for a Class I
liquor license at 118 S. 9th Street.
(ADOPTED FOR APPROVAL, 7-0; A-85013)
6) Manager application of Natalie M. Rodriguez for
Rendevous Cocktail Lounge Inc. dba Rendevous
Cocktail Lounge at 118 S. 9th Street.
(ADOPTED FOR APPROVAL, 7-0; A-85014)
7) Application of Wal-Mart Stores, Inc. dba Wal-
Mart Supercenter #3823 for a Class D liquor
license at 3400 N. 85th Street.
(ADOPTED FOR APPROVAL, 7-0; A-85015)
8) Manager application of Jolene A. Bartling for
Wal-Mart Stores, Inc. dba Wal-Mart Supercenter
#3823 at 3400 N. 85th Street.
(ADOPTED FOR APPROVAL, 7-0; A-85016)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 9
THRU 16 HAD 2ND READING)
9) 08-69 Comp. Plan Conformity 07023 - Declaring
approximately 2,739 square feet of property
generally located at South 46th Street and
O Street as surplus. (Related Items: 08-69,
08-68)
Fact Sheet (295K)
10) 08-68 Vacation 07008 - Vacating a portion of
South 46th Street abutting O Street
consisting of approximately 2,249 square
feet and retaining title thereto.
(Related Items: 08-69, 08-68)
Fact Sheet (276K)
11) 08-121 Amending Chapter 2.76 of the Lincoln Municipal
Code relating to the City's Personnel System by
amending Section 2.76.380, Sick Leave with Pay,
and Section 2.76.395, Vacation Leave with Pay,
to reflect negotiated changes and changes
applicable to employees with a pay range
prefixed by "N" or "X" not represented by a
bargaining unit.
Fact Sheet (58K)
12) 08-122 Amending Section 2.78.020, Management
Compensation Plan, of the Lincoln Municipal Code
to reflect negotiated changes and changes
applicable to employees with a pay range
prefixed by "M" not represented by a bargaining
unit.
Fact Sheet (55K)
13) 08-123 Adopting pay schedules and schedules of pay
ranges for employees whose classifications are
assigned to pay ranges prefixed by the letter X.
Fact Sheet (54K)
Attachment (230K)
14) 08-124 Approving a lease agreement between the City and
the Firth Community Center for the lease of
space by the Lincoln Area Agency on Aging for
its ActivAge Center Program at 311 Nemaha
Street, Firth, Nebraska from September 1, 2008
to August 31, 2009.
Fact Sheet (70K)
Attachment (92K)
15) 08-125 Amending Chapter 21 of the Lincoln Municipal
Code, the Lincoln Housing Code, by amending
Sections 21.01.185 and 21.01.212 relating to
Maintenance of Premises and Inadequate
Maintenance, respectively, to provide that the
use of indoor upholstered furniture outdoors
constitutes inadequate maintenance and repealing
Sections 21.01.185 and 21.01.212 as hitherto
existing.
Fact Sheet (16K)
16) 08-5 Comp. Plan Conformity 07025 - Declaring
approximately 43,200 square feet generally
located at N.W. 52nd Street and West
Huntington Ave. as surplus property and
authorizing the sale thereof. (1/28/08 -
Action Delayed 2 wks to 2/11/08)
(2/11/08 - Placed on Pending
Indefinitely) (8/25/08 - Removed from
Pending to have P.H. in 3 wks. on 9/15/08
w/Action on 9/22/08)
Fact Sheet (1803K)
PUBLIC HEARING - RESOLUTIONS
17) 08R-204 Authorizing and supporting the Parks &
Recreation Department's submittal of a grant
application to the Transportation Enhancement
Program of the State of Nebraska Department of
Roads to fund the construction of 3,300 feet of
a trail connecting Tierra/Williamsburg Trail
with the Yankee Hill Trail generally from 36th
and San Mateo Drive to 34th and Yankee Hill
Road. (9/8/08 - P.H. con't. to 9/15/08)
(ADOPTED, 7-0; A-85017)
Fact Sheet (84K)
18) 08R-196 Waiver 08005 - Application of Nebraska District
Church of the Nazarene to waive the parking lot
surfacing requirements on property generally
located at North 14th Street and New Hampshire
Street. (ADOPTED, 7-0; A-85018)
Fact Sheet (465K)
19) 08R-210 Approving contracts with Cornerstone Printing
and Imaging, A to Z Printing, and Capitol
Graphics for offset printing and related
services per Specification No. 08-175 for a
three-year term with the option of two
additional one-year terms.
(ADOPTED, 7-0; A-85019)
Fact Sheet (13K)
Attachment (2234K)
Attachment (2236K)
Attachment (2033K)
20) 08R-211 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of August 16 -
31, 2008. (ADOPTED, 7-0; A-85020)
Fact Sheet (14K)
Attachment (21K)
21) 08R-212 Adopting the StarTran fare structure to increase
various fares. (ADOPTED, 7-0; A-85021)
Fact Sheet (13K)
22) 08R-213 Accepting, approving and ratifying the multiple
provider contract between the State Department
of Health & Human Services and the Lincoln
Lancaster County Health Department for the Every
Woman Matters (EWM) Program for the period of
July 1, 2007 through June 30, 2012.
(ADOPTED, 7-0; A-85022)
Fact Sheet (81K)
Attachment (113K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 23
THRU 25 HAD 1ST READING)
23) 08-128 Authorizing and providing for the issuance of a
Perot System Redevelopment Project Tax
Allocation Bond, Series 2008, in a total
principal amount not to exceed $3,750,000.
24) 08-126 Vacation 08002 - Request of Whitehead Oil
Company to vacate the north-south alley between
Capitol Parkway and vacated Cadwallader's Court
between South 21st Street and vacated South 22nd
Street. (Related Items: 08-126, 08-127)
Fact Sheet (295K)
25) 08-127 Comp. Plan Conformity 08015 - Request of
Whitehead Oil Company to declare approximately
2,144.25 square feet of property generally
located at the southeast corner of South 21st
Street and Capitol Parkway as surplus and
authorizing the sale thereof to the abutting
property owner. (Related Items: 08-126,
08-127)
Fact Sheet (290K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
26) 08-117 Authorizing and providing for the issuance of a
08-117s North 56th Street and I-80 Redevelopment Plan
Tax Allocation Bond, Series 2008, in a total
principal amount not to exceed $5,500,000.
(SUBSTITUTE ORDINANCE ACCEPTED, 7-0;
PASSED, 7-0; #19134)
27) 08-112 Vacation 08003 - Vacating the north/south alley
between N. 60th Street and N. 61st Street north
of Seward Avenue. (MTA #1 ADOPTED, 7-0;
PASSED AS AMENDED, 7-0; #19135)
Fact Sheet (722K)
Motion To Amend 1 (7K)
28) 08-113 Comp. Plan Conformity 08019 - Declaring
approximately 4,511 square feet of City owned
property generally located at South 1st Street
and L Street (348 S. 1st Street) as surplus.
(PASSED, 7-0; #19136)
Fact Sheet (582K)
29) 08-114 Comp. Plan Conformity 08020 - Declaring
approximately 3,588 square feet of City owned
property generally located at South 5th Street
and G Street (447 G Street) as surplus.
(PASSED, 7-0; #19137)
Fact Sheet (603K)
30) 08-115 Comp. Plan Conformity 08021 - Declaring
approximately 12,200 square feet of City owned
property generally located at North 23rd Street
and P Street as surplus. (MTA #1 ADOPTED, 6-0;
SPATZ ABSTAINING; PASSED AS AMENDED, 6-0;
SPATZ ABSTAINING; #19138)
Fact Sheet (497K)
Motion To Amend 1 (7K)
31) 08R-201 Misc. 08009 - Amending the City of Lincoln
Design Standards to adopt new Design Standards
for Outdoor Lighting by repealing Chapter 2.30 -
Street Lighting Design Standards; by repealing
Section 8 of Chapter 3.00, Environmental
Performance Standards for B-2 Planned
Neighborhood Business District, B-5 Planned
Regional Business District, I-3 Industrial Park
District, I-3 Employment Center District and O-3
Office Park District; by repealing Section 3.8,
Performance Standards for Outdoor Night Time
Lighting, of Chapter 3.45, Design Standards for
Parking Lots; by repealing Section 5, Outdoor
Recreational Lighting, of Chapter 3.55, Design
Standards for Recreational Facilities; by
amending Chapter 3.100, Design Standards for
Outdoor Lighting, to delete existing provisions
and to adopt General Provisions in Section 1,
Materials and Methods of Installation in Section
2, Definitions in Section 3, Class I Lighting
(General) provisions in Section 4, Class II
Lighting (Accent/Decorative) provisions in
Section 5, Class III Lighting (Street Lighting)
provisions in Section 6, Class IV Lighting
(Outdoor Recreational Facilities) provisions in
Section 7, Class V Lighting (Salt Creek Tiger
Beetle Environs) provisions in Section 8, Light
Trespass and Glare in Section 9, Submission of
Plans and Evidence of Compliance in Section 10,
Installation in Section 11, Permanent Exemptions
in Section 12, and Temporary Exemptions in
Section 13. (Related Items: 08R-201, 08-116)
(Action Date: 9/15/08) (ADOPTED, 7-0; A-85023)
Fact Sheet (62K)
Attachment (60K)
32) 08-116 Change of Zone 08039 - Amending Title 27 of the
Lincoln Municipal Code relating to Zoning by
amending Section 27.41.030 to require lighting
associated with the storage of vehicles for sale
and resale in the front yard to comply with the
Design Standards for Outdoor Lighting; amending
Section 27.43.030 to require lighting in the
front yard associated with automobile sales and
repair, but not including vehicle body repair
shops, to comply with the Design Standards for
Outdoor Lighting; amending Section 27.63.130 to
require outdoor lighting for recreational
facilities to comply with the Design Standards
for Outdoor Lighting; amending Section 27.63.170
to delete a redundant provision requiring any
lighting facility for parking lots permitted by
special permit in the R-1 through R-8 districts
and in the O-2 district to comply with adopted
design standards; amending Section 27.67.100 to
require lighting for parking lots to comply with
the Design Standards for Outdoor Lighting; and
repealing Sections 27.41.030, 27.43.030,
27.63.130, 27.63.170 and 27.67.100 of the
Lincoln Municipal Code as hitherto existing.
(Related Items: 08R-201, 08-116)
(PASSED, 7-0; #19139)
Fact Sheet (64K)
33) 08-118 Amending Chapter 5.41 of the Lincoln Municipal
Code relating to Salvaging, Recycling, and
Composting Operations by amending Section
5.41.050 to increase the permit fees required
under that chapter and to provide late fees and
actions to be taken for failure to renew a
permit before it expires; amending Section
5.41.060 to increase the occupation tax levied
upon salvage operations and commercial
composting operations; amending Section 5.41.070
to provide a percentage based late fee on
occupation tax payments and to provide that a
permit holder failing to pay said occupation tax
before it is due shall be subject to closure or
other appropriate action by the Health Director;
and repealing Sections 5.41.050, 5.41.060, and
5.41.070 of the Lincoln Municipal Code as
hitherto existing. (PASSED, 7-0; #19140)
Fact Sheet (76K)
34) 08-119 Amending Title 8 of the Lincoln Municipal Code
relating to Health and Sanitation, by amending
Section 8.06.145 to increase open burning permit
fees; amending Section 8.08.060 to increase body
art establishment permit fees and to decrease
the fee for an initial body art establishment
permit issued after November 30 of each year
from 70% to 67% of the annual fee; amending
Section 8.08.090 to revise the renewal late fees
for body art establishments to be a percentage
of the annual fee; amending Section 8.08.350 to
provide the reinstatement fee for suspended body
art establishments or practitioners to be 50% of
the annual fee; amending Section 8.14.037 to
increase the plan review fees and certificate of
compliance fees for child care programs and to
decrease the annual fee paid for new
certificates of compliance issued after July 31
of each year; amending Section 8.20.150 to
increase food code permit fees and to decrease
the fee for a new food establishment issued
after November 30 of each year; amending Section
8.20.160 to revise the food code late fees to be
a percentage of the annual fee; amending Section
8.20.170 to provide the food code reinstatement
fees to be 50% of the annual fee; amending
Section 8.24.150 to increase permit fees for
variances of the noise control ordinance;
amending Section 8.38.090 to increase public
swimming pool permit fees and to establish late
fees and enforcement actions to be taken by the
Health Director for late renewals; amending
Section 8.40.070 to increase spa facility permit
and inspection fees and to establish fees and
enforcement actions to be taken by the Health
Director for late renewals; amending Section
8.44.070 to increase permit fees for water wells
and to establish fees and enforcement actions to
be taken by the Health Director for late renewals;
and repealing Sections 8.06.145, 8.08.060,
8.08.090, 8.08.350, 8.14.037, 8.20.150, 8.20.160,
8.20.170, 8.24,150, 8.38.090, 8.40.070 and
8.44.070 of the Lincoln Municipal Code as
hitherto existing. (MTA #1 ADOPTED, 7-0;
PASSED AS AMENDED, 7-0; #19141)
Fact Sheet (78K)
Motion To Amend 1 (7K)
35) 08-120 Amending Title 24 of the Lincoln Municipal Code,
Plumbing and Sewers, by amending Section
24.38.070 to increase permit fees relating to
on-site wastewater treatment systems; amending
Section 24.42.110 relating to the transfer of
property with on-site systems to increase the
fee for evaluation and review of Property
Transfer Inspector reports and any necessary
site visits by Health Director; and repealing
Sections 24.38.070 and 24.42.110 of the Lincoln
Municipal Code as hitherto existing.
(PASSED, 7-0; #19142)
Fact Sheet (78K)
RECONSIDERATION
36) 08R-209 Amending the Lincoln Lancaster County Air
Pollution Control Program Regulations and
Standards to increase the fees for engineering
review time for construction permits and the
notification fee for asbestos removal project.
(Adopted 9/8/08 - Resolution No. A-85009)
(RECONSIDERED, 7-0; MTA #1 ADOPTED, 7-0;
ADOPTED AS AMENDED, 7-0; A-85009)
Fact Sheet (86K)
Attachment (26K)
Memo (8K)
Motion To Amend 1 (7K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
37) 05-188 Change of Zone 3413 - Application of Landon's
Neighborhood Assoc. for a change of zone from
R-4 Residential to R-2 Residential on property
generally located at N. 24th and Superior
Streets. (12/19/05 - Placed on Pending
Indefinitely)
Fact Sheet (1465K)
38) 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)
39) 07-58 Change of Zone 07010 - Application of Steve
M. Champoux for a change of zone from AG
Agricultural District to AGR Agricultural
Residential District on property generally
located at 134th and A Streets. (Request of
applicant to continue P.H. to 5/7/07)
(4/16/07 - 2nd Reading & P.H. Con't. to
5/7/07 w/ Action 5/14/07) (Request to Delay
Action w/con't. P.H. to 7/23/07) (5/14/07 -
Action Delayed w/con't. P.H. to 7/23/07)
(Request to Place on Pending - No Date
Certain) (7/23/07 - Placed on Pending,
No Date Certain)
Fact Sheet (1439K)
40) 08-63 Annexation No. 08003 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 63.13 acres of property
generally located at N. 35th Street and
Superior Street. (Related Items: 08-63,
08-64) (6/9/08 - Placed on Pending, No Date
Certain)
Fact Sheet (232K)
41) 08-64 Change of Zone 08019 - Application of
Robert and Victoria Rokeby for a change of
zone from R-3 Residential District to H-3
Highway Commercial District on property
generally located at N. 35th Street and
Superior Street. (Related Items: 08-63,
08-64) (6/9/08 - Placed on Pending, No Date
Certain)
Fact Sheet (291K)
42) 08-73 Change of Zone No. 08022HP - Application of
Danja Pegram Siders, on behalf of Aginvest
LLC, to designate the Dr. Slattery House at
5230 North 14th Street as a historic
landmark. (6/23/08 - Placed on Pending
Indefinitely, w/con't P.H.)
Fact Sheet (1287K)
43) 08R-193 Approving the Development and Conditional Zoning
Agreement between the City and Boyce
Construction, Inc. for the development of the
property located at North 14th Street and
Superior Street subject to restrictions on
maximum density, drive access to North 14th
Street, and a drive access to the north boundary
of the property to be compatible with the
adjacent residential neighborhood. (Related
Items: 08R-193, 08-111) (Action Date: 9/8/08)
(8/25/08 - Placed on Pending Indefinitely)
Attachment (224K)
44) 08-111 Change of Zone 08036 - Application of Boyce
Construction for a change of zone from R-2
Residential District to R-5 Residential District
on approximately 29,227 sq. ft. generally
located at N. 14th Street and Superior Street.
(Related Items: 08R-193, 08-111) (8/25/08 -
Placed on Pending Indefinitely)
Fact Sheet (1795K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, SEPTEMBER 22, 2008, AT 1:30 P.M.:
(APPROVED, 7-0)
45) 08R-214 Appointing Scott E. Hofeling to the Community
Forestry Advisory Board for a three-year term
expiring August 17, 2011.
Attachment (23K)
46) 08R-215 Reappointing John Williams to the Community
Forestry Advisory Board for a three-year term
expiring August 17, 2011.
47) 08R-216 Reappointing Emily Casper to the Community
Forestry Advisory Board for a three-year term
expiring August 17, 2011.
48) 08R-217 Reappointing Dennis Scheer to the Parks and
Recreation Advisory Board for a three-year term
expiring April 27, 2011.
49) 08R-218 Appointing Susan Deitchler to the Parks and
Recreation Advisory Board for a three-year term
expiring April 27, 2011.
Attachment (24K)
50) 08R-219 Appointing Rodney Confer to the Parks and
Recreation Advisory Board for a three-year term
expiring April 27, 2011.
Attachment (27K)
51) 08R-220 Reappointing George Hancock to the Board of
Zoning Appeals for a five-year term expiring
May 2, 2013.
52) 08R-221 Reappointing David Skipton to the Air Pollution
Control Advisory Board for a three-year term
expiring September 1, 2011.
53) 08R-222 Appointing Jeffrey Tomhave and Wilbur "Bud"
Dasenbrock to the Air Pollution Control Advisory
Board for terms expiring November 1, 2010 and
September 1, 2011, respectively.
Attachment (49K)
54) 08R-223 Appointing Dr. Karla K. Lester to the Lincoln-
Lancaster County Board of Health to fill an
unexpired three-year term expiring April 15,
2010.
Attachment (34K)
55) 08R-224 Approving an Addendum to Interlocal Agreement
between the City and Southeast Community
College, relating to burn tower renovation and
fire suppression training, to expand the use of
maintenance funds and to change the date of
payment.
Fact Sheet (78K)
Attachment (50K)
56) 08R-225 Approving and adopting a proposed amendment to
the North 56th Street and Arbor Road
Redevelopment Plan to add the "NCS Equipment
Rental Project" for the development of a 23,147
square foot building on property generally
described as Lot 1, Northbank Junction 2nd
Addition and generally located at the northwest
corner of North 56th Street and Alvo Road.
Fact Sheet (359K)
Attachment (385K)
57) 08R-226 Approving a Second Amendment to Declaration of
Protective Covenants, Conditions and
Restrictions Pursuant to the Conservation and
Preservation Easement Act between the City and
Firethorn Golf Company to revise the legal
description to partially release a portion of
the real property from the covenants.
Fact Sheet (295K)
Attachment (190K)
58) 08R-227 Comp. Plan Amendment 08015 - Amend the
"Community Facilities" chapter of the 2030
Lincoln-Lancaster County Comprehensive Plan to
reflect the intent of Lancaster County to
construct a new adult corrections facility.
Fact Sheet (388K)
Please note: During the Open Microphone & Registered
Section of the agenda, individuals are allowed a total of 5
minutes to speak whether registered or not regardless of
number of topics. The Open Microphone and Registered Section
is available on the 2nd & Last Monday of each month.
ANY PERSON DESIRING TO HAVE THEIR NAME & SUBJECT MATTER LISTED
ON THE FORMAL AGENDA PERTAINING TO MATTERS NOT ON THE
CURRENT AGENDA, OR NOT SCHEDULED TO APPEAR ON A FUTURE
AGENDA, SHOULD NOTIFY THE CITY CLERK IN WRITING BY
10:00 A.M. ON THE WEDNESDAY (9/24/08) PRIOR TO THE NEXT
FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE
SESSION WHICH IS 9/29/08.
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 DURING THE MONTH OF SEPTEMBER ARE THE 8TH
AND THE 29TH.
ADJOURNMENT 7:49 P.M.
***
The City Council Meeting
which is broadcast live at 1:30 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
***