City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 8, 2012 AT 5:30 P.M.
ALL MEMBERS PRESENT
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) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
August 31, 2012. (ADOPTED, 7-0; A-87034)
2) Resolution approving the City of Lincoln's
Investment Activity Report from the City
Treasurer for the Third Quarter, Fiscal Year
2011-2012. (ADOPTED, 7-0; A-87035)
3) Report from City Treasurer of City Cash on hand
at the close of business August 31, 2012.
(PLACED ON FILE)
4) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on September 24, 2012. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
5) Setting the hearing date of Monday, October 22,
2012 at 3:00 p.m. for the application of Block
21, LLC dba Courtyard by Marriott for a Class C
liquor license located at 808 R Street.
(ADOPTED, 7-0; A-87036)
6) Setting the hearing date of Monday, October 22,
2012 at 3:00 p.m. for the application of LAMI
Enterprises, LLC dba Bottoms Up for a Class I
liquor license located at 815 O Street, Suite 1.
(ADOPTED, 7-0; A-87037)
7) Setting the hearing date of Monday, October 22,
2012 at 3:00 p.m. for the application of Henry
Mac, LLC dba Henry's on South for a Class C
liquor license located at 2110 Winthrop Road.
(ADOPTED, 7-0; A-87038)
8) REFERRALS TO THE PLANNING DEPARTMENT:
Special Permit No. 1118A - Requested by
Vindondale, Inc. for an amendment to alter an
existing historic landmark into apartments with
a request to waive the parking requirement on
property generally located at South 18th Street
and L Street (344 South 18th Street).
9) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 12044 to
Special Permit No. 05008, West Van Dorn Heights,
approved by the Planning Director on September
21, 2012 requested by ESP, Inc. to combine Lot
1, Block 5 and Outlot A into a single buildable
lot with building envelopes identified for one
future dwelling unit and for recreational
buildings and a note that the remainder of the
lot is to have continued agricultural uses and
to be reserved for future residential
development on property generally located at SW
70th Street and West Van Dorn Street.
Administrative Amendment No. 12040 to
Pre-Existing Special Permit No. 40 approved by
the Planning Director on September 25, 2012
requested by Edward's Stone to add buildings for
a stone cutting operation to process stone
quarried onsite and initial construction of
9,000 square feet with future expansion to a
total of 25,000 square feet with associated
paved parking stalls on property generally
located at S. 54th Street and Wittstruck Road.
Waiver No. 12015 approved by the Planning
Director on September 27, 2012 requested by
Geanine Bordogna to extend the time for two
years to install sidewalks for Park Place
Estates 5th Addition. The improvements shall be
completed by September 27, 2014. Property is
generally located near Van Dorn Street and
Normal Boulevard.
Administrative Amendment No. 12050 to Use
Permit No. 64A, Kensington Office Park, approved
by the Planning Director on September 28, 2012
requested by Kensington Corporation to increase
the square footage from 5,400 to 7,200 square
feet and to reduce the square footage on Lot 5
by 1,800 square feet on property generally
located at South 14th Street and Old Cheney
Road.
Administrative Amendment No. 12043 to Use
Permit No. 97A, Aspen Commercial Center,
approved by the Planning Director on October 1,
2012 requested by Olsson Associates to amend the
site plan to show a revised lot layout for Lots
1-4 with a reallocation of approved floor area
as reflected in the revised land use table but
with no increase in the overall total amount of
floor area or trip generation on property
generally located near South 56th Street and
Pine Lake Road.
Administrative Amendment No. 12045 to
Pre-Existing Use Permit No. 9S, Edgewood/Vandervoort,
approved by the Planning Director on October 1, 2012
requested by Olsson Associates to show a revised
lot layout for Lot 9; to adjust the setback
between Lot 9 and the boundary of the use permit
from 50 feet to 45 feet; to revise the language
so it more clearly states that signs are as allowed
by the zoning code; and to note that the restriction
on building footprint does not apply to decks,
patios and loading docks, on property generally
located near South 56th Street and Highway 2.
10) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
11) Application of Talexmo LLC dba Woodees Bar for a
Class C liquor license at 2001 West O Street.
(ADOPTED FOR APPROVAL, 7-0; A-87039)
12) Manager application of Heather M. Pavich for
Talexmor LLC dba Woodees Bar at 2001 West O
Street. (ADOPTED FOR APPROVAL, 7-0; A-87040)
13) Application of Nebraska CVS Pharmacy, LLC, dba
CVS Pharmacy #8294 for a Class C liquor license
at 4808 O Street. (ADOPTED FOR APPROVAL, 7-0;
A-87041)
14) Manager application of Don D. Westerlin for
Nebraska CVS Pharmacy, LLC, dba CVS Pharmacy
#8294 at 4808 O Street. (ADOPTED FOR
APPROVAL, 7-0; A-87042)
15) Application of Rickety Cricket LLC dba N Street
Drive In for a Class C liquor license at 1801 O
Street. (ADOPTED FOR APPROVAL, 7-0; A-87043)
16) Manager application of Jamie Q. Tallman for
Rickety Cricket LLC dba N Street Drive In at
1801 O Street. (ADOPTED FOR APPROVAL, 7-0;
A-87044)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 17 &
18 HAD 2ND READING)
17) 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)
18) 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)
PUBLIC HEARING - RESOLUTIONS
19) 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)
(PLACED ON INDEFINITE PENDING & TO HAVE P.H.
WHEN REMOVED FROM PENDING, 7-0)
Fact Sheet (102K)
Attachment (161K)
20) 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. (ADOPTED, 7-0; A-87045)
Fact Sheet (116K)
Attachment (2484K)
21) 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.
(ADOPTED, 7-0; A-87046)
Fact Sheet (131K)
Attachment (3642K)
Attachment (3576K)
Attachment (3670K)
22) 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.
(ADOPTED, 7-0; A-87047)
Fact Sheet (121K)
Attachment (5121K)
Attachment (5332K)
Attachment (5358K)
Attachment (5198K)
Attachment (4932K)
Attachment (5466K)
23) 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. (ADOPTED, 7-0; A-87048)
Fact Sheet (97K)
Attachment (4596K)
24) 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. (ADOPTED, 5-2;
CARROLL, COOK, EMERY, ESKRIDGE, SCHIMEK ASSENTING;
CAMP, HORNUNG DISSENTING; A-87049)
Fact Sheet (93K)
Attachment (1516K)
Attachment (209K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
25) 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.
(PASSED, 7-0; #19786)
Fact Sheet (475K)
26) 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.
(PASSED, 6-1; CAMP, CARROLL, COOK, EMERY,
ESKRIDGE, SCHIMEK ASSENTING; HORNUNG DISSENTING;
#19787)
Fact Sheet (100K)
27) 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. (PASSED, 7-0;
#19788)
Fact Sheet (119K)
28) 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. (PASSED, 7-0; #19789)
Fact Sheet (110K)
29) 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. (PASSED, 7-0; #19790)
Fact Sheet (118K)
30) 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. (PASSED, 7-0;
#19791)
Fact Sheet (115K)
31) 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. (ACTION DELAYED ONE WEEK TO
10/15/12, 7-0)
Fact Sheet (14K)
32) 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.
(PASSED, 7-0; #19792)
Fact Sheet (1754K)
Attachment (1530K)
RESOLUTION - FOR ACTION ONLY
33) Manager application of Michael L. Starkey for
Whitehead Oil Company dba U-Stop #3 at 610 South
10th Street. (10/1/12 - Due to tie vote, held
over for Action to 10/8/12) (ADOPTED FOR APPROVAL, 6-1;
CAMP, CARROLL, COOK, EMERY, ESKRIDGE, SCHIMEK ASSENTING;
HORNUNG DISSENTING; A-87050)
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 34 &
35 HAD 1ST READING)
34) 12-133 Vacation No. 11012 - Vacating North 44th Street
from the south lot line of Lot 68 I.T. to the
north line of Morton Street, generally located
at North 44th Street and Superior Street.
Fact Sheet (418K)
35) 12-134 Approving a Land Exchange Agreement between the
City of Lincoln and Eighth & T, LLC, pertaining
to the West Haymarket Arena Project and
construction of the 10th Street and Salt Creek
Street Improvement Project.
Fact Sheet (91K)
Attachment (1416K)
RESOLUTIONS - 1ST READING (ITEM 36 HAD 1ST READING)
36) 12R-247 Accepting the report of new and pending
claims against the City and approving
disposition of claims set forth for the
period of September 16 - 30, 2012.
Fact Sheet (10K)
Attachment (22K)
PENDING LIST - DATE CERTAIN
PENDING LIST (EXTENDED ONE WEEK)
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)
Fact Sheet (13K)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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 6:15 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