City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 23, 2010 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT SPATZ
MAYOR'S AWARD OF EXCELLENCE
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) Clerk's Letter and Mayor's Approval of
Ordinances and Resolutions passed by Council on
August 9, 2010. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
THE FOLLOWING HAVE BEEN PLACED ON FILE IN THE CITY
CLERK'S OFFICE:
Administrative Amendment No. 10039 to Special
Permit No. 08012, Agemark Domiciliary Care Facility,
Country House II, approved by the Planning Director
on August 11, 2010, requested by Olsson Associates,
to revise the site layout to show a reconfigured
parking lot layout and building plan for up to 38
residents. Note that the 57 residents allowed by
density bonus as originally approved per Special
Permit No. 08012 are only permitted if the facility
complies with the barrier-free standards of the City
of Lincoln Design Standards. Property is generally
located near S. 84th Street and Horseshoe
Drive.
Administrative Amendment No. 10042 to Special
Permit No. 310D, The Ambassador Lincoln, approved by
the Planning Director on August 11, 2010, requested
by Olsson Associates, to revise the site plan to
reflect the existing layout but with three small
additions and to add Note #6. Property is located at
4405 Normal Boulevard.
Administrative Amendment No. 10043 to Special
Permit No. 06061A, Hidden Valley Community Unit
Plan, approved by the Planning Director on August
11, 2010, requested by Civil Design Group, Inc., to
adjust the south front yard setback on Lot 9, Block
2 from 25 feet to 20 feet abutting the future right-
of-way, on property generally located at S.
112th Street and Pine Lake Road.
Administrative Amendment No. 10044 to Special
Permit No. 2022C, Pine Lake Heights South Planned
Service Commercial Center, approved by the Planning
Director on August 16, 2010, requested by Olsson
Associates, to increase the square footage on Lot 2,
Block 2 from 14,000 square feet to 18,000 square
feet, to allow a cross parking easement over Lot 2
and Lot 3 and to combine Lot 5 and Lot 6, Block 2,
as well as revising the use and layout of Lot 5 from
a standalone drive thru facility to part of the auto
dealership. The general notes and tables have been
updated to reflect these changes as well as to
include restrictions on lighting and outdoor
speakers consistent with the other auto dealerships
in this area. Property is generally located at S.
27th Street and Grainger Parkway.
3) Setting the Hearing Date of Monday, September 13,
2010 at 3:00 p.m. for Application of Strong Island
Enterprises, Inc. dba Bricktop to add a beer garden
to the south approximately 20' x 16' located at 1427
O Street. (ADOPTED, 6-0; A-85963)
4) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
5) Application of Nebraska Fresh-Mex LLC dba Qdoba
Mexican Grill for a Class I liquor license at 211
North 12th Street. (ADOPTED FOR APPROVAL, 6-0;
A-85964)
6) Manager application of James A. Page for Nebraska
Fresh-Mex, LLC dba Qdoba Mexican Grill at 211 North
12th Street.(ADOPTED FOR APPROVAL, 6-0; A-85965)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 7 THRU 17 HAD 2ND READING)
7) 10R-183 Approving the 98th and Holdrege Conditional Zoning
Agreement between M. Kent and Marsha Prior and the
City of Lincoln regarding a change of zone from AG
Agricultural to AGR Agricultural Residential to
allow three single family dwelling lots, one outlot,
and a build through plan for future urbanization on
property generally located at 98th Street and
Holdrege Street. (Related Items: 10R-183, 10-86)
(Action Date: 8/23/10) (8/16/10 - Con't. P.H. to
8/23/10 w/Action 8/30/10)
Attachment (17K)
8) 10-86 Change of Zone 10007 - Application of Kent Prior
for a change of zone from AG Agricultural
District to AGR Agricultural Residential
District on property generally located at North
98th Street and Holdrege Street. (7/19/10 -
Placed on Indefinite Pending, No Date Certain)
(7/26/10 - Removed from Pending, to have
1st Reading 8/9/10) (Related Items:
10R-183, 10-86) (Action Date: 8/23/10)
(8/16/10 - Con't. P.H. to 8/23/10 w/Action
8/30/10)
Fact Sheet (1039K)
9) 10-108 Vacation 09006 - Vacating North 14th Street
from the south right-of-way line of New
Hampshire to the north line of the railroad
right-of-way.
Fact Sheet (553K)
10) 10-109 Vacation 10010 - Vacating a portion of the east-west
alley abutting Lots 4-9, Block 30, Original Lincoln,
and the east 18 feet of North 8th Street abutting
said alley, generally located between Q and R
Streets and 8th and 9th Streets.
Fact Sheet (660K)
11) 10-110 Approving a lease agreement between the City and the
Village of Firth for the lease of space by Aging
Partners for its Senior Center Program at 311 Nemaha
Street, Firth, Nebraska from September 1, 2010 to
August 31, 2011.
Fact Sheet (169K)
Attachment (95K)
12) 10-111 Approving a lease agreement between the City and the
Panama Caf‚ for the lease of space by Aging Partners
for its Senior Center Program at 310 Locust Street,
Panama, Nebraska from September 1, 2010 to August
31, 2011.
Fact Sheet (167K)
Attachment (110K)
13) 10-112 Approving a lease agreement between the City and the
American Legion Post #280 for the lease of space by
Aging Partners for its Senior Center Program at 970
Monroe, Bennet, Nebraska from September 1, 2010 to
August 31, 2011.
Fact Sheet (167K)
Attachment (95K)
14) 10-113 Amending the Lincoln Municipal Code to update
Chapter 10.26 due to changes associated with street
names, roadway removals, proposed arterial additions
and proposed removal of existing arterial street
status.
Fact Sheet (12K)
Attachment (948K)
15) 10-114 Approving the transfer of unspent and unencumbered
appropriations and cash (if any) between certain
capital improvement projects within the Street
Construction Fund for the Public Works & Utilities
Department and within the Capitol Projects Fund for
the Parks & Recreation Department.
Fact Sheet (12K)
16) 10-115 Vacation 10003 - Vacating the west 34 feet of South
29th Street from the north line of Washington Street
to the south line of the east-west alley between
Washington Street and A Street.
Fact Sheet (926K)
17) 10-107 Amending Section 5.04.130 of the Lincoln Municipal
Code to change the times during which the sale and
dispensing of alcoholic liquor is prohibited,
requiring an internal review and providing for an
effective date of 6:00 a.m. on September 10, 2010.
(8/9/10-To have 2nd Reading/P.H. on 8/23/10
w/Action on 8/30/10)
Fact Sheet (100K)
Motion To Amend (7K)
Motion To Amend (23K)
PUBLIC HEARING - RESOLUTIONS
18) 10R-191 Directing the submission of a proposed general
obligation bond issue for construction of
improvements to the City's storm sewer and drainage
system at the November 2, 2010, City general
election. (ADOPTED, 6-0; A-85966)
Fact Sheet (13K)
19) 10R-198 Directing submittal to the qualified electors of the
City a proposed Charter amendment amending Article
IX, relating to Finance and Taxation, by adding a
new Section 26.a to allow the City to establish and
adopt a biennial budget.(ADOPTED, 6-0; A-85967)
Fact Sheet (17K)
20) 10R-186 Approving Contract Agreements between the City and
Anixter, Inc. and Communication Services, Inc. for
the annual requirements for Fiber Optic Material,
pursuant to Bid No. 10-095, for two-year terms with
option to renew for two additional one-year terms.
(ADOPTED, 6-0; A-85968)
Fact Sheet (157K)
Attachment (2784K)
21) 10R-192 Approving Contract Agreements between the City and
Badger Meter, Inc. for the annual supply for Cold
Water Meters, 5/8" to 2" with Automated Meter
Reading ERT Modules, pursuant to Bid No. 10-128, for
a two-year term with the option to renew for one
additional two-year term.(ADOPTED, 6-0; A-85969)
Fact Sheet (114K)
Attachment (3393K)
22) 10R-193 Approving the 2010-11 Work Plan for the Interlocal
Agreement on Stormwater Management between the City
and Lower Platte South Natural Resources District to
address stormwater quality and quantity issues.
(ADOPTED, 6-0; A-85970)
Fact Sheet (12K)
Attachment (253K)
23) 10R-194 Approving the labor contract between the City and
the Lincoln City Employees Association for a two
year term effective August 19, 2010. (ADOPTED, 5-1;
CARROLL, COOK, EMERY, HORNUNG, SNYDER ASSENTING;
CAMP DISSENTING; A-85971)
Fact Sheet (89K)
Attachment (2169K)
24) 10R-195 Approving a new schedule for water use charges for
fiscal year 2010-2011. (ADOPTED, 6-0; A-85972)
Fact Sheet (13K)
25) 10R-196 Approving a new schedule for wastewater use charges
for fiscal year 2010-2011.(ADOPTED, 6-0; A-85973)
Fact Sheet (13K)
26) 10R-197 Approving a schedule of fees the City may charge for
ambulance service.(ADOPTED, 5-1; CARROLL, COOK,
EMERY, HORNUNG, SNYDER ASSENTING; CAMP DISSENTING; A-85974)
Fact Sheet (199K)
Attachment (7K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 27 THRU 30 HAD 1ST READING)
27) 10-116 Street Name Change 10005 - Renaming White Pine
Drive as "Eldorado Drive" in Wilderness Hills
4th Addition, generally located at South 30th
Street and Whispering Hills Boulevard.
Fact Sheet (594K)
28) 10-117 Amending Title 8 of the Lincoln Municipal Code
relating to Health and Sanitation by amending
Section 8.06.145 to increase the permit fee for
open burning; amending Section 8.08.060 to increase
the permit fees for a body art establishment;
amending Section 8.08.150 to increase the initial
permit fee for a body art practitioner; amending
Section 8.12.035 to increase the permit fee for a
small family child care home; amending Section
8.14.037 to increase the permit fees associated with
child care programs; amending Section 8.20.150 to
increase the permit fees associated with food
establishments; amending Section 8.24.150 to
increase the permit fee for a variance to the
provisions of LMC Section 8.24.090 relating to noise
disturbances; amending Section 8.38.090 to increase
the permit fee for the operation of a Class A or
Class B swimming pool; amending Section 8.40.070
to increase the permit fees associated with the
operation of spa facilities; and amending Section
8.44.070 to increase the permit fees associated
with the construction and repair of water wells
and to provide that such permits shall be annual
rather than biennial.
Fact Sheet (145K)
29) 10-118 Amending Chapter 5.41 of the Lincoln Municipal Code
relating to Salvage, Recycling and Composting
Operations by amending Section 5.41.050 to increase
related permit fees; and amending Section 5.41.060
to increase the annual occupation tax levied on
salvage operations or commercial composting
operations.
Fact Sheet (118K)
30) 10-119 Amending Title 24 of the Lincoln Municipal Code
relating to Plumbing and Sewers by amending Section
24.38.070 to increase the permit fees associated
with on-site wastewater treatments systems; and
amending Section 24.42.110 relating to fees
associated with property transfers with on-site
wastewater treatment systems to increase the fee for
evaluation and review of Property Transfer Inspector
reports and necessary site visits by the Health
Director.
Fact Sheet (127K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
31) 10-84 Vacation 10006 - Vacating multiple streets and
alleys for the West Haymarket Redevelopment
Area, generally located at approximately North
3rd Street to North 7th Street from S Street to
U Street, and South 5th Street and North 5th
Street from L Street to T Street.(AMENDED #1,
6-0; PASSED AS AMENDED, 6-0; #19434)
Fact Sheet (2730K)
Motion To Amend (7K)
32) 10-85 Vacation 10007 - Vacating J Street from
approximately South 2nd Street to 100 feet east
of the east right-of-way line of South 3rd
Street, and vacating South 2nd Street from
approximately the north right-of-way line of J
Street to 143 feet south of the south right-of-
way line of J Street.(AMENDED #1, 6-0; PASSED
AS AMENDED, 5-1; CAMP, CARROLL, EMERY, HORNUNG,
SNYDER ASSENTING; COOK DISSENTING; #19435)
Fact Sheet (626K)
Attachment (565K)
Motion To Amend (588K)
33) 10-106 Change of Zone 10015 - Amending Title 27 of the
Lincoln Municipal Code relating to Zoning by
amending Section 27.41.040 to allow any permitted
use which exceeds the maximum height permitted in
the H-2 Highway Business District to be allowed as a
special permitted use in said district; amending
Section 27.43.040 to allow any permitted use which
exceeds the maximum height permitted in the H-3
Highway Commercial District to be allowed as a
special permitted use in said district; and amending
Section 27.63.250 to provide that a permitted use
exceeding the maximum height permitted in the
district may be allowed in the H-2 and H-3 zoning
districts by a special permit. (PASSED, 6-0; #19436)
Fact Sheet (901K)
RESOLUTION - ACTION ONLY
34) 10R-180 Adopting the 2010/11 City of Lincoln Annual
Operating Budget and Capital Improvement
Program for FY 2010/11 - 2015/16.
(AMENDED SUBSTITUTE ORD., 6-0; ACCEPTED
SUBSTITUTE ORD., 6-0; ADOPTED SUBSTITUTE ORD.
AS AMENDED, 5-1; CARROLL, COOK, EMERY, HORNUNG,
SNYDER ASSENTING; CAMP DISSENTING; A-85975)
(Action Date: 8/23/10)
Substitute
RECONSIDERATION - ORDINANCE NO. 19430
35) 10-101 Adopting an amended and restated version of the City
of Lincoln Employees' Retirement Plan and Trust to
provide that the employer contribution for employees
hired in positions and pay ranges prefixed by the
letter "N" on or after September 1, 2010 will be an
amount equal to 9% of an employee's compensation;
and to further provide that the mandatory employee
contribution for employees hired in positions and
pay ranges prefixed by the letter "N" on or after
September 1, 2010 will be in an amount equal to 7%
of an employee's compensation. (RECONSIDERED, 6-0;
PLACED ON PENDING INDEFINITELY, 6-0)
Fact Sheet (104K)
RECONSIDERATION - ORDINANCE NO. 19432
36) 10-103 Amending Title 2 of the Lincoln Municipal Code, Officers,
Departments and Personnel, by amending Sections 2.62.010,
2.65.010 and 2.66.010 relating to the establishment of
Police and Fire Pension Plans A, B and C, respectively,
to amend the date by which the required city normal cost
contributions to the Police and Fire Pension Fund are to
be made. (RECONSIDERATION LOST, 1-5; CAMP ASSENTING;
CARROLL, COOK, EMERY, HORNUNG, SNYDER DISSENTING.)
Fact Sheet (92K)
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)
39) 09-20B Annexation No. 08016 - Amending the Lincoln
Corporate Limits Map by annexing approximately 106
acres north of Interstate 80 on both sides of NW
48th Street. (3/2/09 - Placed on Pending
Indefinitely)
Fact Sheet (220K)
Attachment (296K)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, AUGUST 30, 2010, AT 5:30 P.M.
(APPROVED, 6-0)
45) 10R-199 Appointing Adam Hornung to the Utility Billing Check
Off Program for a term expiring August 31, 2011.
Attachment (56K)
46) 10R-200 Appointing Adam Hornung and Doug Emery to the Joint
Budget Committee for terms expiring August 31, 2011
and August 31, 2012, respectively.
Attachment (109K)
47) 10R-201 Appointing Gene Carroll, Doug Emery and Adam Hornung
to the Railroad Transportation Safety District for
terms expiring August 31, 2011.
Attachment (220K)
48) 10R-202 Appointing Jonathan Cook to the Parks and Recreation
Advisory Board for a term expiring April 17, 2011.
Attachment (54K)
49) 10R-203 Appointing John Spatz to the Mayor's Multicultural
Advisory Committee for a term expiring September 18,
2011.
Attachment (51K)
50) 10R-204 Appointing Jon Camp to the District Energy
Corporation for a term expiring December 31, 2010.
Attachment (51K)
51) 10R-207 Appointing Russell Miller to the Alarm Review Board
for a term expiring July 1, 2012.
Attachment (57K)
52) 10R-209 Declaring the official intent of the City to
reimburse certain expenses in connection with the
acquisition, construction, equipping and furnishing
of improvements in Paving District No. 2630, Water
District No. 1202 and Sewer District 1186 of the
City from the proceeds of City special assessment
revolving fund bonds.
53) 10R-210 Accepting the report of new and pending claims
against the City and approving disposition of claims
set forth for the period of August 1 - 15, 2010.
Fact Sheet (14K)
Attachment (18K)
54) 10R-206 Approving a Funding Agreement between the City and
the State of Nebraska Department of Roads for the
use of federal funds to complete the Fracture
Critical Bridge Inspection of Structure U142514300,
Antelope Valley East Leg Bridge.
Fact Sheet (13K)
Attachment (130K)
55) 10R-208 Approving a request for relaxation of standards from
the State of Nebraska, Board of Public Roads
Classifications and Standards, to avoid impacts of a
ramp improvement project on an adjacent floodplain
depressional wetland for City Project 702620,
Superior Street and Interstate 180 East Ramp Safety
Project.
Fact Sheet (14K)
Attachment (255K)
56) 10R-212 Approving a License Agreement to continue the
tenancy of the Public Works & Utilities Department
at 531 Westgate Blvd., to a date no later than
February of 2011.
Fact Sheet (13K)
Attachment (66K)
57) 10R-211 Approving the Management Agreement between the City
and Republic Parking System, Inc. for Lincoln
Parking Facilities for a term of September 1, 2009
through August 30, 2013.
Fact Sheet (18K)
Attachment (571K)
58) 10R-213 Amending the Lincoln-Lancaster County Air Pollution
Control Regulations and Standards to adopt new
Federal Maximum Achievable Control Technology
requirements on various area sources of Hazardous
Air Pollutants.
Fact Sheet (111K)
Attachment (3165K)
59) 10R-214 Amending the Lincoln-Lancaster County Air Pollution
Control Regulations and Standards to assure
consistency with Federal and State air quality
regulations.
Fact Sheet (114K)
Attachment (275K)
60) 10R-215 Amending the Lincoln-Lancaster County Air Pollution
Control Regulations and Standards to modify the
annual fee structure for all regulated industries
and businesses.
Fact Sheet (107K)
Attachment (561K)
61) 10R-216 Increasing fees for special waste permits as
authorized under Chapter 8.32 of the Lincoln
Municipal Code.
Fact Sheet (123K)
62) 10R-217 Adopting fees to cover the expenses of conducting
National Pollutant Discharge Elimination System
(NPDES) stormwater permit compliance inspections at
regulated industrial facilities by Health Department
staff.
Fact Sheet (137K)
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. THE OPEN MICROPHONE
SESSIONS DURING THE MONTH OF AUGUST ARE THE 16TH AND 30TH.
ADJOURNMENT 7:09 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.
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The City Council Agenda and Action Sheet may be accessed on the
Internet at: lincoln.ne.gov
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