City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 1, 2012 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT CARROLL
THE MEETINGS OF OCTOBER 8TH AND 29TH BEGIN AT 5:30 P.M.
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) Report of Settlement Agreement under Neb. Rev.
Stat. §84-713 (non-tort claims).
(PLACED ON FILE)
2) 12R-228 Appointing Luanne Finke to the Community
Forestry Advisory Board for a term expiring
August 14, 2014. (ADOPTED, 6-0; A-87017)
Attachment (72K)
3) 12R-229 Reappointing Larry Anderson to the Community
Forestry Advisory Board for a term expiring
August 17, 2015. (ADOPTED, 6-0; A-87018)
4) 12R-240 Reappointing Douglas Ganz to the Community
Health Endowment Board for a term expiring on
September 1, 2015. (ADOPTED, 6-0; A-87019)
5) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on September 17, 2012.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
6) Informal petition to create a paving district on
1st Street, from P to Q Streets, and on Q
Street, from 1st to 2nd Streets submitted by
Pastor Tom Barber of People's City Mission.
(REFERRED TO PUBLIC WORKS DEPT. ON 9/26/12)
7) Setting the hearing date of Monday, October 15,
2012 at 3:00 p.m. for the application of
Katharine E. Cloran dba Gratitude Café & Bakery
for a Class I liquor license located at 1551
North Cotner Boulevard. (ADOPTED, 6-0; A-87020)
8) Re-setting the hearing date of Monday, October
15, 2012 at 3:00 p.m. for the application of
Grandmothers, Inc. dba Don & Millie's for a
Class I liquor license located at 8150 O Street.
(ADOPTED, 6-0; A-87021)
9) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
10) Manager application of Michael L. Starkey for
Whitehead Oil Company dba U-Stop #3 at 610 South
10th Street. (ADOPTION FOR APPROVAL, 3-3; CAMP, EMERY,
ESKRIDGE ASSENTING; COOK, HORNUNG, SCHIMEK DISSENTING;
DUE TO TIE VOTE, ACTION CARRIED OVER TO 10/8/12)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 11
THRU 18 HAD 2ND READING)
11) 12-121 Vacation 12005 - Vacating a 50' by 30' right-of-
way stub in the northwest corner of Lot 1, Block 2,
Thomasbrook Addition, generally located on
the east side of South 56th Street at the
intersection of Lillibridge Street.
Fact Sheet (475K)
12) 12-123 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 (100K)
13) 12-124 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 permit fees for a body art
practitioner; amending Section 8.08.350 to
establish a reinstatement fee of $190 for a body
art establishment permit and a set reinstatement
fee of $40 for a practitioner permit; amending
Section 8.14.037 to increase the permit fees
associated with child care programs; amending
Section 8.14.150 to establish a set
reinstatement fee of $110 for a permit
associated with child care programs; amending
Section 8.20.050 to adopt the updated Nebraska
Food Code; amending Section 8.20.150 to increase
the permit fees associated with food
establishments; amending Section 8.20.170 to
establish a reinstatement fee of $240 for
permits associated with food service; 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; and amending Section 8.40.070 to
increase the permit fees associated with the
operation of spa facilities.
Fact Sheet (119K)
14) 12-125 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 (110K)
15) 12-127 Amending Chapter 8.32 of the Lincoln Municipal
Code, Solid Wastes, to clarify that an
occupation tax will not be charged on
recyclables managed through a licensed Materials
Recovery Facility.
Fact Sheet (118K)
16) 12-128 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.
Fact Sheet (115K)
17) 12-129 Amending Chapter 2.76 of the Lincoln Municipal
Code relating to the City's Personnel System by
adding a new section numbered 2.76.292 to
regulate fundraising activities of city
employees.
Fact Sheet (14K)
18) 12-130 Vacation 12001 - Vacating various rights-of-way
in the West Haymarket area generally bounded by
U Street on the north, L Street on the south,
4th Street on the west and 7th Street on the
east, retaining title thereto in the City of
Lincoln, declaring the vacated rights-of-way
surplus and authorizing the conveyance thereof
to the West Haymarket Joint Public Agency.
Fact Sheet (1754K)
Attachment (1530K)
PUBLIC HEARING - RESOLUTIONS
19) 12R-237 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, 2012. (ADOPTED, 6-0; A-87022)
Fact Sheet (10K)
Attachment (23K)
20) 12R-238 Approving appropriations in the amount of
$42,800.00 from the operation of keno lottery
funds for various human services (round 36).
(ADOPTED, 6-0; A-87023)
Attachment (46K)
21) 12R-232 Approving an Interlocal Agreement between the
City, Lancaster County and the Railroad
Transportation Safety District to accept the
transfer of RTSD Funding for the South Lincoln
Quiet Zone and to accept City ownership and
maintenance of the safety improvements, City
Project No. 702618. (ADOPTED, 6-0; A-87024)
Fact Sheet (13K)
Attachment (396K)
22) 12R-233 Approving an Interlocal Agreement between the
City and the Railroad Transportation Safety
District to accept the transfer of RTSD Funding
for the South Salt Creek Quiet Zone and to
accept City ownership and maintenance of the
safety improvements, City Project No. 702617.
(ADOPTED, 6-0; A-87025)
Fact Sheet (14K)
Attachment (291K)
23) 12R-234 Approving an Interlocal Agreement between the
City and the Railroad Transportation Safety
District to accept the transfer of RTSD Funding
for the SW 40th Street/BNSF Overpass and to
acknowledge the paving of approximately 900 feet
of SW 40th Street from West O Street to the
south, City Project No. 700132.
(ADOPTED, 6-0; A-87026)
Fact Sheet (13K)
Attachment (289K)
24) 12R-235 Waiver No. 12019 - Application of Life
Tabernacle Church to waive the parking lot
surfacing requirement, pursuant to Section
27.67.100(c) of the Lincoln Municipal Code, on
property generally located at North 1st Street
and Adams Street. (ADOPTED, 6-0; A-87027)
Fact Sheet (690K)
25) 12R-239 Authorizing an appropriation of $250,000 from
the Fast Forward Fund to the Airport Authority
as matching funds for road construction and
installation of water and wastewater utilities
for development of Airpark industrial property,
pursuant to the Memorandum of Understanding
between the City of Lincoln, the Airport
Authority and the Lincoln Chamber Economic
Development Corporation. (ADOPTED, 6-0; A-87028)
Fact Sheet (12K)
Attachment (1954K)
26) 12R-236 Assessing Public Health Nuisance Abatement costs
associated with the clearing of public nuisances
by the health Department to the following
benefitted properties: 2327 S. 56th, 2203 S.
8th, 1200 S. 16th, 1828 N, 1115 S. 14th, 6336
Colfax, 3235 Starr, 1835 S. 11th, 936 N. 24th,
2513 S. 10th, 1525 N. 28th, 1749 Euclid, 1020
Sumner, 1531 S. 22nd, 341 D, 225 S. 30th.
(ADOPTED, 6-0; A-87029)
Fact Sheet (99K)
Attachment (21867K)
27) 12R-230 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, 6-0; A-87030)
Fact Sheet (111K)
28) 12R-231 Increasing fees for special waste permits as
authorized under Chapter 8.32 of the Lincoln
Municipal Code. (ADOPTED, 6-0; A-87031)
Fact Sheet (112K)
29) 12R-241 Amending the Lincoln-Lancaster County Air
Pollution Control Regulations and Standards to
modify the annual fee structure for required
services to business and industry.
(ADOPTED, 6-0; A-87032)
Fact Sheet (108K)
Attachment (386K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
30) 12-118 Change of Zone 12026 - Application of
NeighborWorks Lincoln for a change of zone from
R-6 Residential District to R-6 Residential
District with a Landmark Overlay to designate
the Dr. O.C. Reynolds House as a landmark on
property generally located at 2530 Q Street.
(Related Items: 12-118, 12R-222) (Action
Date: 10/1/12) (PASSED, 6-0; #19784)
Fact Sheet (2802K)
Attachment (337K)
31) 12R-222 Special Permit 12030 - Application of
NeighborWorks Lincoln to permit the use of a
designated landmark for offices, education
center and meeting space and to modify the front
and rear yard setbacks on property generally
located at 2530 Q Street. (Related Items: 12-118,
12R-222) (Action Date: 10/1/12) (ADOPTED, 6-0;
A-87033)
Fact Sheet (2177K)
32) 12-122 Amending Title 14 of the Lincoln Municipal Code
relating to Public Property and Public Ways by
adding a new Chapter 14.34 entitled "Film
Permits" to create an efficient process for
issuing permits for filming operations within
the City of Lincoln. (PASSED, 6-0; #19785)
Fact Sheet (74K)
1st Reading Ordinances & Resolutions - On the Agenda for Advance Notice Only
Public Hearing will occur on Second Reading
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 33 & 34 HAD 1ST READING)
33) 12-131 Amending the pay schedule for a certain employee
group whose classifications are assigned to the
pay range which is prefixed by the letter "N" by
creating the classification of "Fire Air
Technician."
Fact Sheet (149K)
Attachment (19K)
34) 12-132 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 16, 2012.
Fact Sheet (151K)
Attachment (265K)
RESOLUTIONS - 1ST READING (ITEMS 35 THRU 39 HAD 1ST READING)
35) 12R-242 Approving a Contract Agreement between the City
of Lincoln, Lancaster County, and Lincoln-
Lancaster County Public Building Commission and
OfficeMax North America, Inc. for Digital Print
and Copy Services for unit pricing under
WSCA/State of Utah Contract No. MA041 for a term
from the date of execution through March 31,
2014 with the option to renew for two additional
12-month terms.
Fact Sheet (116K)
Attachment (2484K)
36) 12R-243 Approving three Contract Agreements between the
City of Lincoln, Lancaster County, and Lincoln-
Lancaster County Public Building Commission and
Midwest Roofing, Inc., Sprague Roofing Company,
and Weathercraft Company of Lincoln for unit
pricing Miscellaneous Roofing Services Bid No.
12-186 for four year terms.
Fact Sheet (131K)
Attachment (3642K)
Attachment (3576K)
Attachment (3670K)
37) 12R-244 Approving six Contract Agreements between the
City of Lincoln, Lancaster County, and Lincoln-
Lancaster County Public Building Commission and
Pavers, Inc., Cather & Son's Const., Inc.,
Schmieding Concrete, Inc., K2 Construction,
Walton Construction Co., Inc., and Dickey &
Burham Inc. for unit pricing Contract for
Pavement Bid No. 12-187 for four year terms.
Fact Sheet (121K)
Attachment (5121K)
Attachment (5332K)
Attachment (5358K)
Attachment (5198K)
Attachment (4932K)
Attachment (5466K)
38) 12R-246 Approving a Contract Agreement between the City
of Lincoln, Lancaster County, and Lincoln-
Lancaster County Public Building Commission and
David Wood Construction, Inc. for unit pricing
Miscellaneous Painting Services Bid No. 12-189
for a four year term.
Fact Sheet (97K)
Attachment (4596K)
39) 12R-245 Approving the labor contract between the City of
Lincoln and the Lincoln City Employees
Association (LCEA) to be effective August 16,
2012 through August 31, 2014.
Fact Sheet (93K)
Attachment (1516K)
Attachment (209K)
PENDING LIST - DATE CERTAIN
40) 12R-194 Approving an amendment to the Interlocal
Agreement between the City of Lincoln and
Lancaster County for a Communications Center to
continue to serve the communications needs of
the Lincoln Police Department, Lincoln Fire &
Rescue, Lancaster County Sheriff's Office, and
those rural Fire/EMS agencies with membership in
the Lancaster County Mutual Aid Association.
(8/20/12 - P.H. con't to 9/10/12) (9/10/12 -
con't P.H. to 9/17/12) (9/17/12 - P.H. con't to
9/24/12) (9/24/12 - con't P.H. to 10/8/12)
Fact Sheet (102K)
Attachment (161K)
PENDING LIST (EXTENDED ONE WEEK)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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)
48) 12-76 Amending Section 10.34.030 of the Lincoln
Municipal Code relating to Parking Meters:
Deposit of Coins and Time Limits, to
provide that no parking fee shall be
charged on Martin Luther King Day,
Presidents Day and Veterans Day.
(6/25/12 - Placed on Pending - No Date
Certain)
Fact Sheet (17K)
49) 12-92 Amending Section 12.08.270 of the Lincoln
Municipal Code relating to alcoholic liquor
prohibited in parks to allow alcoholic
beverages to be served and consumed at Auld
Pavilion during periods that are subject to
an agreement between the City and a private
business for rental of the facility and
catering related events. (8/6/12 - To
have 2nd Reading/P.H. on 9/10/12)
(9/10/12 - Placed on Indefinite
Pending)
Fact Sheet (204K)
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. OPEN MICROPHONE
SESSIONS FOR THE MONTH OF OCTOBER ARE THE 8TH AND 29TH.
ADJOURNMENT 4:17 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