City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 30, 2010 AT 5:30 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO COUNCIL MEETING THE WEEK OF
SEPTEMBER 6TH DUE TO HOLIDAY
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) 10R-199 Appointing Adam Hornung to the Utility Billing Check
Off Program for a term expiring August 31, 2011.
(ADOPTED, 7-0; A-85976)
Attachment (56K)
2) 10R-200 Appointing Adam Hornung and Doug Emery to the Joint
Budget Committee for terms expiring August 31, 2011
and August 31, 2012, respectively.
(ADOPTED, 7-0; A-85977)
Attachment (109K)
3) 10R-201 Appointing Gene Carroll, Doug Emery and Adam Hornung
to the Railroad Transportation Safety District for
terms expiring August 31, 2011.
(ADOPTED, 7-0; A-85978)
Attachment (220K)
4) 10R-202 Appointing Jonathan Cook to the Parks and Recreation
Advisory Board for a term expiring April 17, 2011.
(ADOPTED, 7-0; A-85979)
Attachment (54K)
5) 10R-203 Appointing John Spatz to the Mayor's Multicultural
Advisory Committee for a term expiring September 18,
2011. (ADOPTED, 7-0; A-85980)
Attachment (51K)
6) 10R-204 Appointing Jon Camp to the District Energy
Corporation for a term expiring December 31, 2010.
(ADOPTED, 7-0; A-85981)
Attachment (51K)
7) 10R-207 Appointing Russell Miller to the Alarm Review Board
for a term expiring July 1, 2012.
(ADOPTED, 7-0; A-85982)
Attachment (57K)
8) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on August
16, 2010. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
9) Report of Settlement of Non-Tort Claims. (PLACED ON FILE)
Attachment
10) REFERRALS TO THE PLANNING DEPARTMENT:
Special Permit No. 10030 - Req. by Nebraska
CVS Pharmacy, LLC for the authority to sell
alcoholic beverages for consumption off the premises
on property generally located at N. 48th Street and
O Street.
11) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 10037 to Special
Permit No. 1959, Prairie Village, approved by the
Planning Director on August 20, 2010 requested by
Pedcor Investments to revise the multiple family lot
into three lots and amend the layout of the multiple
family area on property generally located northeast
of N. 84th Street and Leighton Avenue.
Administrative Amendment No. 10045 to Special
Permit No. 04033, Sterling Hills Community Unit
Plan, approved by the Planning Director on August
20, 2010 requested by Ross Hasselhorst to permit on
lots on the south side of O'Sullivan Road to have
patios, decks, terraces and ornamental features,
which do not extend more than three feet above or
below the adjacent ground level, to project into a
required side or rear yard, provided these
projections be at least two feet from a property
line on property generally located at S. 37th Street
and Yankee Hill Road.
Administrative Amendment No. 10048 to Use
Permit/Special Permit No. 11F, SouthRidge (South
Pointe Pavilions) approved by the Planning Director
on August 20, 2010 requested by Sandstone
Construction LLC to extend the building envelope in
Lot 8 (new Trader Joe's location) by 7.93 feet to
the east to allow for a revised loading/dock area on
property generally located at S. 32nd Street and
Pine Lake Road.
12) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
13) Application of 1644 Steele LLC dba The Bar for a
special designated license covering an outdoor area
measuring approximately 27 feet by 87 feet to the
west of the licensed premises at 1644 P Street on
September 4, 11, 25; October 16, 30; November 13,
26, 27, 2010 from 8:00 a.m. to 2:00 a.m.
(ADOPTED FOR APPROVAL, 7-0; A-85983)
14) Application of Rhino Dynamics Inc. dba Duffy's
Tavern for a special designated license covering an
outdoor area measuring approximately 350 feet by 200
feet in the parking lot at 605 North 8th Street on
September 10, 2010 from 7:00 p.m. to 1:00 a.m.
(ADOPTED FOR APPROVAL, 7-0; A-85984)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 15 THRU
18 HAD 2ND READING)
15) 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)
16) 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)
17) 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)
18) 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)
PUBLIC HEARING - RESOLUTIONS (SEE ITEM 21)
19) 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. (ADOPTED, 7-0; A-85985)
20) 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.
(ADOPTED, 7-0; A-85986)
Fact Sheet (14K)
Attachment (18K)
21) 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.
(CON'T P.H. W/ACTION IN TWO WEEKS TO 9/13/10, 7-0)
Fact Sheet (13K)
Attachment (130K)
22) 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. (ADOPTED, 7-0; A-85987)
Fact Sheet (14K)
Attachment (255K)
23) 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. (ADOPTED, 7-0; A-85988)
Fact Sheet (13K)
Attachment (66K)
24) 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. (ADOPTED, 7-0; A-85989)
Fact Sheet (18K)
Attachment (571K)
25) 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. (ADOPTED, 7-0; A-85990)
Fact Sheet (111K)
Attachment (3165K)
26) 10R-214 Amending the Lincoln-Lancaster County Air Pollution
Control Regulations and Standards to assure
consistency with Federal and State air quality
regulations. (ADOPTED, 7-0; A-85991)
Fact Sheet (114K)
Attachment (275K)
27) 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. (ADOPTED, 7-0; A-85992)
Fact Sheet (107K)
Attachment (561K)
28) 10R-216 Increasing fees for special waste permits as
authorized under Chapter 8.32 of the Lincoln
Municipal Code. (ADOPTED, 7-0; A-85993)
Fact Sheet (123K)
29) 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. (ADOPTED, 7-0; A-85994)
Fact Sheet (137K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 30 & 31
HAD 1ST READING)
30) 10-120 Amending the pay schedule for a certain employee
group by adjusting the hourly pay range schedule and
schedules of annual, monthly, biweekly and hourly
pay range equivalents for employees of the City of
Lincoln whose classifications are assigned to pay
ranges prefixed by the letter "E" to be effective
August 19, 2010.
Fact Sheet (96K)
Attachment (317K)
31) 10-121 Amending Chapter 2.76 of the Lincoln Municipal Code
by amending Section 2.76.153 to provide an increase
in per hour pay for shift differential; amending
Section 2.76.365 to allow employees with a pay range
prefixed by the letter "E" and eligible to retire to
elect a reduced work schedule; amending Section
2.76.380 to adjust time off for illness of a family
member to commence with the first pay period in
January; amending Section 2.76.385 relating to
funeral leave to remove applicability to employees
with a pay range prefixed by the letter "A" or "C";
and to add a new section 2.76.387 relating to
bereavement leave for employees with a pay range
prefixed by the letter "A" or "C".
Fact Sheet (94K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
32) 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)
(ACTION DELAYED TWO WEEKS TO 9/13/10, 7-0)
Attachment (17K)
33) 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)
(ACTION DELAYED TWO WEEKS TO 9/13/10, 7-0)
Fact Sheet (1039K)
34) 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.
(PASSED, 7-0; #19437)
Fact Sheet (553K)
35) 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.
(PASSED, 7-0; #19438)
Fact Sheet (660K)
36) 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. (PASSED, 7-0; #19439)
Fact Sheet (169K)
Attachment (95K)
37) 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. (PASSED, 7-0; #19440)
Fact Sheet (167K)
Attachment (110K)
38) 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. (PASSED, 7-0; #19441)
Fact Sheet (167K)
Attachment (95K)
39) 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. (MTA #1 ADOPTED, 7-0; PASSED AS
AMENDED, 7-0; #19442)
Fact Sheet (12K)
Attachment (948K)
40) 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.
(PASSED, 7-0; #19443)
Fact Sheet (12K)
41) 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. (MTA #2 ADOPTED, 7-0;
PASSED AS AMENDED, 7-0; #19444)
Fact Sheet (926K)
42) 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) (MTA #1 ADOPTED, 7-0; PASSED
AS AMENDED, 6-1; CAMP, CARROLL, EMERY, HORNUNG, SNYDER,
SPATZ ASSENTING; COOK DISSENTING; #19445)
Fact Sheet (100K)
Motion To Amend (7K)
Motion To Amend (23K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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)
50) 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)
51) 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. (8/23/10 - Reconsidered
Ordinance No. 19430 - Placed on Pending Indefinitely)
Fact Sheet (104K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, SEPTEMBER 13, 2010, AT 3:00 P.M.
(APPROVED, 7-0)
52) 10R-218 Appointing Herbert H. Schimek to the Lincoln City
Library Board of Trustees for a seven-year term
expiring August 31, 2017.
Attachment (167K)
53) 10R-219 Approving a three-year agreement between Lincoln
Water System and the Nebraska Department of Health
and Human Services related to reviewing plans for
construction of new and replacement distribution
mains at an annual cost of $1,800.00.
Fact Sheet (18K)
Attachment (171K)
54) 10R-220 Approving Supplemental Agreement No. 1 between the
City of Lincoln and the State of Nebraska Department
of Roads to modify language for project letting by
NDOR and invoice procedures, and to add language to
describe duties and assurances of a Responsible
Charge for the Antelope Valley North/South Road from
K to Q Street, State Project No. CM-55(142).
Fact Sheet (80K)
Attachment (287K)
55) 10R-221 Approving two Contract Agreements between the City
and NAPA and Factory Motor Parts for the annual
requirements for Vehicle/Equipment Maintenance Parts
and Accessories, pursuant to Bid No. 10-108, for
three year terms with options for one additional
one-year term.
Fact Sheet (128K)
Attachment (2957K)
Attachment (2575K)
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 7:13 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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