City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 20, 2010 AT 3:00 P.M.
ALL MEMBERS PRESENT
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-223 Reappointing Jerrod Jaeger and Jim Johnson to the
Cable TV Advisory Board for three-year terms
expiring July 1, 2013. (ADOPTED, 7-0; A-86004)
2) 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.
(ADOPTED, 7-0; A-86005)
Attachment (18K)
3) 10R-225 Reappointing Joy M. Ward to the Lincoln Housing
Authority Board for a term expiring September 1,
2015. (ADOPTED, 7-0; A-86006)
4) 10R-226 Reappointing Carl Eskridge to the Citizen Police
Advisory Board for a term expiring November 17,
2013. (ADOPTED, 7-0; A-86007)
5) 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.
(ADOPTED, 7-0; A-86008)
6) Resolution approving the City of Lincoln's
Investment Activity Report from the City Treasurer
for the Third Quarter, Fiscal Year 2009-2010.
(ADOPTED, 7-0; A-86009)
7) Lincoln Water & Wastewater System Recapitulation of
Daily Cash Receipts for the month of August, 2010.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
8) Setting the hearing date of Monday, October 4, 2010
at 3:00 p.m. for the Application of Cobbler Inn,
Inc. dba Don and Randy Shoemakers Truck Station for
a Class C liquor license located at 4800 West O Street.
(ADOPTED, 7-0; A-86010)
9) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 10050 to Special
Permit No. 1665A, Van Dorn Meadows Community Unit
Plan, approved by the Planning Director on September
9, 2010 requested by Chateau Development, LLC to
reduce the number of four-plex structures along the
east boundary of the development from six to five,
to replace one of the structures with a five-stall
garage and to revise the layout of an adjacent parking
lot on property generally located on S. 72nd Street
and Van Dorn Street.
10) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
11) 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. (9/13/10 - Public
Hearing & Action continued to 9/20/10)
(ADOPTED FOR APPROVAL, 7-0; A-86011)
12) Application of RPM Bros. Inc. dba Slicks to expand
the existing outside beer garden by the addition of
an area measuring approximately 10 feet by 29 feet
at the northwest corner of its licensed premises at
2805 N.W. 48th Street. (CON'T P.H. ONE WEEK W/ACTION
TO 9/27/10, 7-0)
13) Application of Nebraska CVS Pharmacy, LLC dba CVS
Pharmacy #8294 for a Class D liquor license at 4800
O Street. (ADOPTED FOR APPROVAL, 7-0; A-86012)
14) Manager application of Kevin M. Merfeld for Nebraska
CVS Pharmacy, LLC dba CVS Pharmacy #8294 at 4800 O
Street. (ADOPTED FOR APPROVAL, 7-0; A-86013)
15) Application of Brix & Stone Gastropub LLC dba Brix &
Stone Gastropub for a Class CK liquor license at 803
Q Street. (ADOPTED FOR APPROVAL, 7-0; A-86014)
16) Manager application of Marci R. Davison for Brix &
Stone Gastropub LLC dba Brix & Stone Gastropub at
803 Q Street. (ADOPTED FOR APPROVAL, 7-0; A-86015)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 17
THRU 20 HAD 2ND READING)
17) 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)
18) 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)
19) 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)
20) 10-125 Amending Section 5.20.130 of the Lincoln Municipal
Code relating to the hours during which public
dancing is prohibited.
Fact Sheet (14K)
PUBLIC HEARING - RESOLUTIONS
21) 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.
(ADOPTED, 7-0; A-86016)
Fact Sheet (13K)
22) 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.
(ADOPTED, 7-0; A-86017)
Fact Sheet (14K)
Attachment (18K)
23) 10R-230 Ordering construction of sidewalks at various
locations where sidewalks currently do not exist.
(CON'T P.H. ONE WEEK W/ACTION TO 9/27/10, 5-2;
CAMP, CARROLL, COOK, HORNUNG, SPATZ ASSENTING;
EMERY, SNYDER DISSENTING)
Fact Sheet (13K)
24) 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.
(ADOPTED, 7-0; A-86018)
Fact Sheet (83K)
Attachment (8K)
25) 10R-228 Establishing the annual salary of the Mayor for the
years 2011 through 2015.
(MTA #3 ADOPTED, 7-0; MTA #4 ADOPTED, 6-1;
CAMP, CARROLL, COOK, EMERY, SNYDER, SPATZ ASSENTING;
HORNUNG DISSENTING; AMENDMENT TO MTA #4 ADOPTED, 5-2;
CAMP, COOK, EMERY, HORNUNG, SPATZ ASSENTING; CARROLL,
SNYDER DISSENTING; ADOPTED AS AMENDED, 6-1; CAMP, CARROLL,
COOK, EMERY, SNYDER, SPATZ ASSENTING; HORNUNG DISSENTING;
A-86019)
Fact Sheet (93K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 26
THRU 31 HAD 1ST READING)
26) 10-126 Street Name Change 10006 - Renaming South 87th
Street as "Ellie Lane" located in the Boulder Run
Addition, generally located at South 84th Street and
Barkley Drive.
Fact Sheet (795K)
27) 10-127 Amending Section 5.38.075 of the Lincoln Municipal
Code relating to the appeal procedure for persons
aggrieved by a decision, notice or order of the
Building Official for a permit to maintain or
operate a rooming house, lodging house, apartment
house, motel or hotel, to correct an outdated LMC
section and chapter reference.
Fact Sheet (18K)
28) 10-128 Authorizing the City of Lincoln to enter into a
lease-purchase transaction with Union Bank and Trust
Company, Lincoln, Nebraska, in an amount not to
exceed $8,000,000 for the acquisition of the
Experian building and renovations to the same.
(Related Items: 10-128, 10R-236, 10R-241)
29) 10R-236 Amending the 2010/2011 - 2015/2016 Capital
Improvements Program Budget to add a new project in
year one to the Public Works & Utilities Street
Maintenance program to include the lease purchase of
the Experian facility at 901 and 949 West Bond
Street. (Related Items: 10-128, 10R-236, 10R-241)
(Action Date: 10/04/10)
Fact Sheet (13K)
30) 10R-241 Approving a Real Estate Purchase and Sale Agreement
between the City of Lincoln and Experian Marketing
Solutions, Inc. for the purchase of the Experian
facility generally located at 901 and 949 West Bond
Street. (Related Items: 10-128, 10R-236, 10R-241)
(Action Date: 10/04/10)
Attachment (603K)
31) 10-129 Approving a Lease Agreement between the Airport
Authority and the City for the lease of storage
space by the Lincoln-Lancaster County Health
Department for a term of December 1, 2010 through
November 30, 2011.
Fact Sheet (87K)
Attachment (352K)
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) (8/30/10 - Action
Delayed 2 wks. to 9/13/10) (9/13/10 - Action
delayed 1 week to 9/20/10) (MTA #1 TO ACCEPT THE
SUBSTITUTE AGREEMENT ADOPTED, 7-0; ADOPTED AS
AMENDED, 7-0; A-86020)
Attachment (17K)
Motion To Amend (363K)
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. (Related
Items: 10R-183, 10-86) (7/19/10 - Placed on
Indefinite Pending, No Date Certain) (7/26/10 -
Removed from Pending, to have 1st Reading 8/9/10)
(Action Date: 8/23/10) (8/16/10 - Con't. P.H. to
8/23/10 w/Action 8/30/10) (8/30/10 - Action
Delayed 2 wks. to 9/13/10) (9/13/10 - Action
delayed 1 week to 9/20/10) (PASSED, 7-0; #19450)
Fact Sheet (1039K)
34) 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. (PASSED, 7-0; #19451)
Fact Sheet (97K)
Attachment (317K)
35) 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".
(PASSED, 7-0; #19452)
Fact Sheet (95K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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 27, 2010, AT 5:30 P.M.
(APPROVED, 7-0)
45) 10R-232 Accepting the report of new and pending claims
against the City and approving disposition of claims
set forth for the period of September 1 - 15, 2010.
Fact Sheet (14K)
Attachment (18K)
46) 10R-233 Approving Amendment #2 to the Joint Funding
Agreement (A-84982) for Water Resources
Investigations between the U.S. Geological Survey,
United States Department of the Interior, and the
City of Lincoln, to conduct stormwater quality
monitoring services under the City's National
Pollutant Discharge Elimination System (NPDES)
stormwater permit.
Fact Sheet (13K)
Attachment (60K)
47) 10R-235 Authorizing and supporting the Parks & Recreation
Department's submittal of a grant application
to the Nebraska Game and Parks Commission for a
Recreational Trails Program Grant for replacement of
the Bison Trail Bridge over Haines Branch Tributary
on West Van Dorn Street.
Fact Sheet (89K)
48) 10R-237 Approving a Master Development Agreement between the
City and BNSF to provide for a land exchange needed
to create the new BNSF rail corridor and the site
for the West Haymarket Project improvements; to
provide for the removal of BNSF improvements on the
property to be acquired by the City from BNSF; to
provide for BNSF's construction of replacement
tracks and related improvements; and to provide for
BNSF's granting of certain license and easement
rights to the City for Right of Entry Work related
to the West Haymarket Project Improvements.
(Related Items: 10R-237, 10R-238, 10R-239, 10R-
240)
Attachment (134K)
49) 10R-238 Approving a Land Exchange Agreement between the City
and BNSF for acquisition of property from BNSF for
the West Haymarket Project. (Related Items: 10R-
237, 10R-238, 10R-239, 10R-240)
Attachment (131K)
50) 10R-239 Approving a Construction and Maintenance Agreement
between the City and BNSF to provide for terms and
conditions regarding construction of the City's
rights of entry work under the Master Development
Agreement for the West Haymarket Project.
(Related Items: 10R-237, 10R-238, 10R-239,
10R-240)
Attachment (107K)
51) 10R-240 Approving a Third Assignment and Assumption
Agreement between the City and the West Haymarket
Joint Public Agency to provide for the City's
assignment of its rights, interests, duties and
obligations under the Master Development Agreement,
Land Exchange Agreement and Construction and
Maintenance Agreement for the West Haymarket Project
to the West Haymarket Joint Public Agency.
(Related Items: 10R-237, 10R-238, 10R-239,
10R-240)
Attachment (48K)
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 4:35 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
***