City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING TO BE HELD
MONDAY, AUGUST 22, 2011 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) 11R-192 Appointing Amy Ostermeyer to the City Personnel
Board for a five year term expiring June 22, 2016.
(ADOPTED, 7-0; A-86459)
Attachment (176K)
2) 11R-197 Reappointing Emily Casper, Scott Hofeling, and
John Williams to the Community Forestry Advisory
Board for terms expiring August 17, 2014.
(ADOPTED, 7-0; A-86460)
3) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
August 8, 2011. (PLACED ON FILE)
4) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
August 15, 2011. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
5) Setting the hearing date of Monday, September 12,
2011 at 3:00 p.m. for the application of Dozo
Sushi Grill Lounge LLC dba Dozo Sushi Grill Lounge
for a Class I liquor license located at 151 N. 8th
St., Suite 100. (ADOPTED, 7-0; A-86461)
6) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 11038 to change
of Zone No. 2179E, Central Park Planned Unit
Development, approved by the Planning Director on
August 15, 2011, requested by Postural Restoration
Institute, LLC., to move lot lines of Unit 3 and
increasing the area of Unit 3 to 2, 150 square
feet, on property generally located at N. 52nd St.
and R St.
7) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
8) Application of Towers Event Center Inc. dba The
Towers Event Center for a Class I liquor license
at 6891 A Street. (ADOPTED FOR APPROVAL, 7-0; A-86462)
9) Manager application of Janice Kreifels for Towers
Event Center Inc. dba The Towers Event Center at
6891 A Street. (ADOPTED FOR APPROVAL, 7-0; A-86463)
10) 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 and an outdoor area measuring
approximately 75 feet by 53 feet to the north at
1644 P Street on September 2, 9, 16; October 7,
28; November 4, 2011 from 5:00 p.m. to 2:00 a.m.
and on September 3, 10, 17; October 8, 29;
November 5, 25, 26, 2011 from 8:00 a.m. to 2:00
a.m. (ADOPTED FOR APPROVAL, 7-0; A-86464)
11) Application of Will-Mack, LLC dba Hour Lounge for
the addition of a catering license to its Class C
liquor license at 101 North 14th Street, #6.
(ADOPTED FOR APPROVAL, 7-0; A-86465)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEM 12 HAD 2ND READING)
12) 11-123 Approving the First Amendment to Lease Agreement
between the City of Lincoln and Lancaster County
School District 001 for an additional 3,425 square
feet of space for use by Lincoln Public Schools at
949 West Bond Street.
Fact Sheet (12K)
Attachment (505K)
PUBLIC HEARING - RESOLUTIONS
13) 11R-193 Approving the First Renewal to Contract for
Armored Car Services between the City of Lincoln
and Rochester Armored Car for a period of two
years, pursuant to Bid No. 09-209. (ADOPTED, 7-0; A-86466)
Fact Sheet (110K)
Attachment (444K)
14) 11R-194 Approving an Agreement between the City of Lincoln
on behalf of the Lincoln-Lancaster County Health
Department and Smiths Detection for use of the
Smith Detection HazMat ID System for a three year
term. (ADOPTED, 7-0; A-86467)
Fact Sheet (84K)
Attachment (973K)
15) 11R-195 Approving an Interlocal Agreement between the City
of Lincoln on behalf of the Lincoln-Lancaster
County Health Department and Lancaster County for
assistance with Pandemic Flu Preparedness and
Response for a term of July 1, 2011 through
December 31, 2011. (ADOPTED, 7-0; A-86468)
Fact Sheet (87K)
Attachment (409K)
16) 11R-196 Approving the Labor Contract between the City of
Lincoln and the Lincoln M Class Employees
Association to be effective August 18, 2011.
(ADOPTED, 5-2; CARROLL, COOK, EMERY, ESKRIDGE, SNYDER ASSENTING;
CAMP, HORNUNG DISSENTING; A-86469)
Fact Sheet (87K)
Attachment (69K)
Attachment 2 (54K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)(ITEMS 17 THRU 23 HAD 1ST READING)
17) 11-124 Change of Zone 11027 - Amending Title 27 of the
Lincoln Municipal Code by amending Sections
27.25.020, 27.27.020, 27.28.020, 27.31.030,
27.37.020, 27.41.020, 27.43.020, and 27.45.020 to
allow adult care centers as a permitted use in the
O-1 Office District, O-3 Office Park District, R-T
Residential Transition District, B-2 Planned
Neighborhood Business District; B-5 Planned
Regional Business District, H-2 Highway Business
District, H-3 Highway Commercial District and H-4
General Commercial District, respectively.
Fact Sheet (17K)
18) 11-125 Change of Zone 11029 - Amending Section 27.45.025
of the Lincoln Municipal Code to allow hotels and
motels in the H-4 General Commercial District as a
permitted conditional use.
Fact Sheet (64K)
19) 11-126 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 (109K)
20) 11-127 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 8.14.037 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.
Fact Sheet (122K)
21) 11-128 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.
Fact Sheet (112K)
22) 11-129 Amending Chapter 24.42 of the Lincoln Municipal
Code relating to Regulation of Property Transfers
with On-site Systems to increase the fees for
required services of reviewing private industry
property transfer reports and conducting
inspections, providing consultative assistance,
and enforcement.
23) 11-130 Amendment Chapter 8.44 of the Lincoln Municipal
Code relating to Water Wells to increase the fees
for providing required services of water well
inspections, sampling, consultative assistance and
enforcement.
Fact Sheet (131K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
24) 11-120 Change of Zone 11025 - Amending Section 27.35.020
of the Lincoln Municipal Code relating to
Permitted Uses in the B-4 Lincoln Center Business
District to prohibit sexually oriented live
entertainment establishments in all areas of the
B-4 zoning district. (PASSED, 6-1; CAMP, CARROLL, COOK,
ESKRIDGE, HORNUNG, SNYDER ASSENTING; EMERY DISSENTING; #19604)
Fact Sheet (1057K)
25) 11-121 Comp. Plan Conformance 11007 - Declaring
approximately 2.5 acres of previously vacated
property generally located at the southwest corner
of North 14th Street and Manatt Street as surplus
and authorizing the sale thereof. (Related
Items: 11-121, 11-122, 11R-191) (Action Date:
8/22/11)(MTA #1 TO ACCEPT THE SUB. ORD. ADOPTED, 7-0;
PASSED AS AMENDED, 7-0; #19605)
Fact Sheet (428K)
Motion To Amend (6K)
Substitute
26) 11-122 Vacation 11008 - Vacating North 13th Street from
Manatt Street south to the north line of vacated
North 13th Street; vacating Hartley Street from
the west right-of-way line of North 14th Street to
the east right-of-way line of North 13th Street;
and vacating the east-west alley from the west
right-of-way line of North 14th Street to the east
right-of-way line of North 13th Street, generally
located at North 13th Street and Hartley Street.
(Related Items: 11-121, 11-122, 11R-191)
(Action Date: 8/22/11)(PASSED, 7-0; #19606)
Fact Sheet (405K)
27) 11R-191 Approving an Agreement between the City of Lincoln
and Lancaster County School District 001 for the
sale and/or exchange of property related to the
vacation and surplus of property generally located
at N. 13th Street and Manatt Street.
(Related Items: 11-121, 11-122, 11R-191)
(Action Date: 8/22/11)(ADOPTED, 7-0; A-86470)
Fact Sheet (13K)
Attachment (509K)
RESOLUTION - ACTION ONLY
28) 11R-180S Adopting the 2011/12 City of Lincoln Annual
Operating Budget and Capital Improvement Program
for FY 2011/12 - 2016/17. (Action Date:
8/22/11)(MTA #1 ADOPTED, 7-0; SUB. RESO.
ACCEPTED AS AMENDED, 7-0; FINAL VOTE ON THE AMENDED
SUB. RESO., 5-2; CARROLL, COOK, EMERY, ESKRIDGE,
SNYDER ASSENTING; CAMP, HORNUNG DISSENTING; A-86471)
PENDING LIST - DATE CERTAIN
29) 11R-187 Hearing on the appeal of Ameeta Martin from the
determination of Impact Fees imposed for the
non-residential building located at 7301 South
27th Street, Suite 150 and requesting a waiver or
reduction of said fees. (8/15/11 - Con't P.H. 2 wks
to 8/29/11)
Fact Sheet (18K)
Attachment (218K)
PENDING LIST (EXTENDED ONE WEEK, SEE ITEM 32)
30) 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)
31) 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)
32) 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)(WITHDRAWN, 7-0; #38-4609)
Fact Sheet (220K)
Attachment (296K)
33) 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)
34) 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)
35) 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)
Fact Sheet (1367K)
36) 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)
37) 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)
38) 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)
39) 11R-62 Comp. Plan Conformance 11001 - Approving an
amendment to the Lincoln Star Building
Redevelopment Project, in the Lincoln Center
Redevelopment Plan, to extend the project area to
include the M Street right-of-way from South 7th
Street to South 17th Street to allow for
streetscape design and improvements. (3/21/11 -
Action Delayed 1 wk. to 3/28/11) (3/28/11 - Placed
on Indefinite Pending)
Fact Sheet (1022K)
Attachment (1001K)
40) 11-39 Amending Chapter 10.32 of the Lincoln
Municipal Code relating to Stopping, Standing
and Parking of Vehicles by adding a new
section numbered 10.32.075 to prohibit the
parking of trucks on a street more than 400
feet from the primary place of business and
providing certain exceptions. (4/11/11 -
3rd Reading w/con't. P.H. on 4/18/11) (4/18/11 -
Placed on Indefinite Pending)
Fact Sheet (75K)
Motion To Amend (7K)
41) 11-69 Amending the pay schedule for a certain
employee group by creating the
classifications of "Library Service
Associate", "Library Service Supervisor",
"Librarian", "Library Manager", and "Library
Coordinator." (6/6/11 - Public Hearing
delayed 2 weeks to 6/20/11) (6/13/11 -
Indefinite Pending)
Fact Sheet (135K)
Attachment (42K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, AUGUST 29, 2011, AT 5:30 P.M.
(APPROVED, 7-0)
42) 11R-198 Declaring the official intent of the City to
reimburse certain expenses in connection with the
acquisition, construction, equipping and
furnishing of improvements in Water District No.
1198, Water District No. 1199, Water District No.
1200, and Sanitary Sewer District No. 1184 of the
City from the proceeds of City special assessment
revolving fund bonds.
43) 11R-199 Approving Contract Documents between the City of
Lincoln and ESRI Inc. for the supply and delivery
of ESRI Geographic Information System (GIS)
software products, maintenance services and
training pursuant to State of Nebraska Contract
No. 11842 OC for a term effective from the date of
execution through January 1, 2013.
Fact Sheet (108K)
Attachment (4372K)
44) 11R-200 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,
2011.
Fact Sheet (13K)
Attachment (21K)
45) 11R-201 Appointing Vicki Huff to the LES Board to fill an
unexpired term expiring December 31, 2012.
Attachment (89K)
46) 11R-202 Approving the Audit Advisory Board recommendation,
pursuant to Resolution No. A-86267, regarding the
appropriate type of audit and the appropriate
scope of the audit of the functions, programs and
activities of the City of Lincoln, Department of
Public Works and Utilities in the areas of
operations of its Engineering Services Division
and utilization by the Department of collected
impact fees.
Attachment (91K)
47) 11R-203 Approving a Consultant Agreement between the City
of Lincoln and HBE Becker Meyer Love LLP for
examination of the City's Public Works & Utilities
Department with regard to compliance and
collection of impact fees.
Attachment (168K)
48) 11R-204 Special Permit No. 1114E - Appeal of Heritage
Builders, Inc. to the Planning Commission's denial
for authority to amend the Pheasant Run Community
Unit Plan to allow the sidewalk required along one
side of Pheasant Run Lane to remain as it is
constructed with one-half on either side of the
street, on property generally located at Pheasant
Run Lane and Old Cheney Road.
Fact Sheet (1351K)
49) 11R-205 Adopting an amended schedule of costs increasing
the annual inspection fee for conducting National
Pollutant Discharge Elimination System (NPDES)
stormwater permit compliance inspections at
regulated industrial facilities by Health
Department staff.
Fact Sheet (119K)
50) 11R-206 Increasing fees for special waste permits as
authorized under Chapter 8.32 of the Lincoln
Municipal Code.
Fact Sheet (116K)
51) 11R-207 Amending the Lincoln-Lancaster County Air
Pollution Control Regulations and Standards to
revise and consolidate the location of various
fees, to increase the fee for asbestos
notifications and for emissions of regulated air
pollutants for which fees are charged.
Fact Sheet (131K)
Attachment (674K)
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 15TH AND 29TH.
ADJOURNMENT 3:48 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