City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING TO BE HELD
MONDAY, SEPTEMBER 13, 2010 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF AUGUST WAS PRESENTED TO
MARK FLUITT, POLICE OFFICER OF THE LINCOLN POLICE DEPT., FOR THE CATEGORY
OF PRODUCTIVITY.
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-218 Appointing Herbert H. Schimek to the Lincoln City
Library Board of Trustees for a seven-year term
expiring August 31, 2017. (ADOPTED, 6-0; A-85995)
Attachment (167K)
2) Clerk's Letter and Mayor's Approval of Ordinances
and Resolutions passed by Council on August 23,
2010. (PLACED ON FILE)
3) Clerk's Letter and Mayor's Approval of Ordinances
and Resolutions passed by Council on August 30,
2010. (PLACED ON FILE)
4) Approving the distribution of funds representing
interest earnings on short-term investments of Idle
Funds during the month ended July 31, 2010.
(ADOPTED, 6-0; A-85996)
5) Report from City Treasurer of City Cash on hand at
the close of business July 31, 2010. (PLACED ON
FILE)
6) Report from City Treasurer of Franchise tax for the
months of January through June, 2010 from Time
Warner Cable. (PLACED ON FILE)
7) Report from City Treasurer of Franchise tax for the
month of July 2010 from Black Hills/Nebraska Gas
Utility Co., LLC. (PLACED ON FILE)
8) Report from City Treasurer of Telecommunication
Occupation Tax for the month of February
2010: Cellco Partnership; April to June,
2010: Matrix, Reliance Comm. Int'l.; May
2010: Network Billing; June 2010:
Cricket, Nebraska Tech. & Telecom., AT&T of Midwest,
Omaha Cellular, Alltel of NE, USCOC of Greater Iowa,
WWW License, TWC Digital, Qwest, Verizon Wireless,
Virgin Mobile USA, New Cingular, Windstream
Nebraska, Viaero, IDT Domestic, Comtel, OnStar, XO
Comm., USCOC of NE/KS, Business Telecom., McLeodUSA,
VoiceCom, Global Crossing, AireSpring, Granite,
Arizona Telephony, Broadwing, Consumer Cellular,
Telecorp, Trans National, AccessLine, Sioux City
MSA, Cellco, Primus, ACN, Working Assets, UCN,
Network Billing, Intellical, New Edge, Cincinnati
Bell, TCG Omaha, TracFone, CTI, Globalstar USA,
Public Comm. Services, Norstan, i-wireless, IBM
Global, TON, KDDI America; July 2010: Unite
Private, D&D, NPCR, Sprint Spectrum, Norlight, BT
Americas, Network Billing, MCI, Business Telecom,
SBC, Zone, Lightyear, Viaero, Novega Venture, First
Comm., Globalcom, Nextel West, Norston, Grasshopper
Group, 360networks, Covista, Enhanced, Tri-M, i-
wireless, Total Holdings, Wholesale Carrier,
Pioneer, IBFA Acquisitions, TSG Global, Yestel USA,
NOS, NOSVA, ATS, DCT. (PLACED ON FILE)
9) Report from City Treasurer of E911
Telecommunication Surcharge for the month of
April to June 2010: Windstream, TWC
Digital; June 2010: Charter Fiberlink-
Nebraska; July 2010; 8x8, Level 3, TWC
Digital, Granite, Comtel, AT&T of Midwest,
Qwest, Vonage America, iNetworks, Budget Prepay,
ACN. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
10) THE FOLLOWING HAVE BEEN PLACED ON FILE IN
THE OFFCIE OF THE CITY CLERK.
Administrative Amendment No. 10036 to Use Permit
79, Kohls, approved by the Planning Director on
August 30, 2010, requested by Burger King, to revise
the site plan by adding one lot for a fast food
restaurant and increasing the allowable square feet
from 96,284 to 99,384 on property located at N.
84th Street and College Park Drive.
Administrative Amendment No. 10049 to Change of
Zone 3134D, Willow Springs Planned Unit Development,
approved by the Planning Director on September 3,
2010, requested by Wayne Wingate, to adjust the rear
yard setback for Lot 8, Block 3, Willow Springs
Addition from 22 feet, 4 inches to 18 feet for an
unenclosed deck, on property located at 3965 S.
78th Street.
11) Setting the Hearing Date of Monday, September 20,
2010 at 3:00 p.m. for Application of Brix & Stone
Gastropub LLC dba Brix & Stone Gastropub for a Class
CK liquor license located at 803 Q Street, Ste. 150.
(ADOPTED, 6-0; A-85997)
12) Setting the Hearing Date of Monday, September 20,
2010 at 3:00 p.m. for Application of RPM Bros Inc.
dba Slicks for an addition of a beer garden on the
northwest corner of the building approximately 40' x
7' located at 2805 NW 48th Street. (ADOPTED, 6-0;
A-85998)
13) Setting the Hearing Date of Monday, September 20,
2010 at 3:00 p.m. for Application of Nebraska CVS
Pharmacy LLC dba CVS/Pharmacy 8294 for a Class D
liquor license located at 4800 O Street. (ADOPTED,
6-0; A-85999)
14) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
15) Application of Strong Island Enterprises Inc. dba
Bricktop for an addition of a beer garden measuring
approximately 20 feet by 16 feet to the south of its
licensed premises at 1427 O Street. (CONT. PUBLIC
HEARING ONE WEEK W/ACTION 9/20/10, 6-0)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
((ITEMS 16 & 17 HAD 2ND READING)
16) 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 (97K)
Attachment (317K)
17) 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 (95K)
PUBLIC HEARING - RESOLUTIONS
18) 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)
(ADOPTED, 6-0; A-86000)
Fact Sheet (13K)
Attachment (130K)
19) 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. (ADOPTED,
6-0; A-86001)
Fact Sheet (19K)
Attachment (172K)
20) 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).
(ADOPTED, 6-0; A-86002)
Fact Sheet (80K)
Attachment (287K)
21) 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. (ADOPTED, 6-0; A-86003)
Fact Sheet (129K)
Attachment (2957K)
Attachment (2575K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 22 THRU 25 HAD 1ST READING)
22) 10-122 Approving a lease agreement between the City and
Hickman Presbyterian Church for the lease of space
by Aging Partners for its Senior Center Program at
300 East Third Street, Hickman, Nebraska from
September 1, 2010 to August 31, 2011.
Fact Sheet (149K)
Attachment (151K)
23) 10-123 Amending Chapter 3.24 of the Lincoln Municipal Code
relating to occupation taxes by amending Section
3.24.080 to provide that the seller of
telecommunication equipment may itemize the tax
levied on a bill, receipt or other invoice to the
purchaser and amending Section 3.24.100 to clarify
that the companies paying the telecommunication
occupation tax have until the end of the month to
pay the tax from the previous month.
Fact Sheet (9K)
24) 10-124 Amending Chapter 14.55 of the Lincoln Municipal Code
relating to Sidewalk Vendors by amending Section
14.55.050, Application for Permit, to allow vendors
in the B-3 Commercial District and to provide
additional application submittal requirements by
persons seeking a vendor's permit to operate in the
B-3 Commercial District; amending Section 14.55.070
relating to Restrictions on Pushcarts to reduce the
required eight-foot pedestrian path to a six-foot
pedestrian path after the location of any pushcart
or stand within any sidewalk space and adding a new
section numbered 14.55.075 to provide Additional
Restrictions on Pushcarts Operating in the B-3
Commercial District.
Fact Sheet (127K)
25) 10-125 Amending Section 5.20.130 of the Lincoln Municipal
Code relating to the hours during which public dancing
is prohibited. (Request 2nd & 3rd Reading on 9/20/10)
Fact Sheet (14K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
26) 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)
(ACTION DELAYED ONE WEEK TO 9/20/10, 6-0)
Attachment (17K)
27) 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)
(ACTION DELAYED ONE WEEK TO 9/20/10, 6-0)
Fact Sheet (1039K)
28) 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.
(PASSED, 6-0; #19446)
Fact Sheet (594K)
29) 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. (PASSED, 6-0; #19447)
Fact Sheet (145K)
30) 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. (PASSED, 6-0; #19448)
Fact Sheet (118K)
31) 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.. (PASSED, 6-0; #19449)
Fact Sheet (127K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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 20, 2010, AT 3:00 P.M.
(APPROVED, 6-0)
41) 10R-222 Approving the StarTran Rate Schedule to add Go For
Less/Senior Cash Fare for Star Shuttle/Downtown Zone
fare category at a rate of $.10.
Fact Sheet (13K)
42) 10R-229 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, 2010.
Fact Sheet (14K)
Attachment (18K)
43) 10R-223 Reappointing Jerrod Jaeger and Jim Johnson to the
Cable TV Advisory Board for three-year terms
expiring July 1, 2013.
44) 10R-224 Appointing Edward Hoffman and Donald Voges to the
Cable TV Advisory Board for terms expiring July 1,
2012 and July 1, 2013, respectively.
Attachment (18K)
45) 10R-225 Reappointing Joy M. Ward to the Lincoln Housing
Authority Board for a term expiring September 1,
2015.
46) 10R-226 Reappointing Carl Eskridge to the Citizen Police
Advisory Board for a term expiring November 17,
2013.
47) 10R-227 Reappointing Wayne Heyen, Joseph Skopp, Jay L.
Snyder, Carol Swigart and Jeffery Tomhave to the Air
Pollution Advisory Board for three year terms
expiring September 1, 2013.
48) 10R-230 Ordering construction of sidewalks at various
locations where sidewalks currently do not exist.
Fact Sheet (13K)
49) 10R-231 Approving an amendment to the Lottery Operator
Contract with EHPV Lottery Services to allow the
operation of keno in Lincoln until 2:00 a.m.
Fact Sheet (83K)
Attachment (8K)
50) 10R-228 Establishing the annual salary of the Mayor for the
years 2011 through 2015.
Fact Sheet (93K)
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 SEPTEMBER ARE THE 13TH AND 27TH.
ADJOURNMENT 3:40 P.M.
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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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