City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 30, 2013 AT 5:30 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) 13R-224 Approving an Amendment to Agreement between the City of
Lincoln and Plunkett's Pest Control for the annual
requirements for Pest Control Services at StarTran,
pursuant to Quote No. 3640, for a final two-year
renewal term. (ADOPTED, 7-0; A-87572)
Fact Sheet (120K)
Attachment (226K)
2) Clerk's Letter and Mayor's Approval of Resolutions and
Ordinances passed by the City Council on September 16,
2013. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
3) Setting the hearing date of Monday, October 14, 2013 at
3:00 p.m. for the application of TPG Holdings, LLC dba
Ye Old Pub for a Class C liquor license located at 408
S. 11th Street. (ADOPTED, 7-0; A-87573)
4) Setting the hearing date of Monday, October 21, 2013 at
3:00 p.m. for the manager application of Blaise Rewaka
in connection with Target Store T-2303 located at 8201
S. 40th Street. (ADOPTED, 7-0; A-87574)
5) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS - NONE
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 6 THRU 9 HAD 2ND READING)
6) 13-108 Creating Special Assessment Re-Paving District No. 158
for the purpose of reconstructing portions of 66th
Street, Almira Lane, Marcus Road, and Anns Court within
the Country Meadows Homeowners Association Boundaries,
and assessing the costs thereof against the benefitted
properties.
Fact Sheet (13K)
Attachment (133K)
7) 13-110 Amending Section 5.04.070 of the Lincoln Municipal
Code, Sale to Minors and Incapacitated Persons
Prohibited, to delete the offense of selling, giving,
disposing of, exchanging, delivering, or permitting the
sale, gift, or procuring of any alcoholic liquors to a
minor or incapacitated person as the state statute
penalty for said offense is greater than authorized for
the City.
Fact Sheet (8K)
8) 13-111 Amending Chapter 5.04 of the Lincoln Municipal Code,
Alcoholic Liquor, by repealing Sections 5.04.080
(Furnishing False Identification), 5.04.090 (Minors,
Misrepresenting Age), 5.04.100 (Minors, Possession of
Alcohol), 5.04.160 (Places Where Drinking Prohibited),
and 5.04.165 (Open Containers in Vehicles), and
amending Chapter 9.16 of the Lincoln Municipal Code,
Offenses Against Public Decency, by repealing Sections
9.16.025 (Marijuana Defined), 9.16.030 (Toxic Compounds
Defined), 9.16.035 (Paraphernalia Defined), 9.16.105
(Paraphernalia, Use or Possession, Unlawful, Penalty),
9.16.110 (Toxic Compounds, Unlawful Use), 9.16.120
(Toxic Compounds, Unlawful Possession), 9.16.130 (Toxic
Compounds, Unlawful Sale), 9.16.140 (Toxic Compounds,
Penalty for Violations), 9.16.145 (Possession of
Marijuana, One Ounce or Less, Unlawful, Penalty) and
incorporating said offenses and penalties into one
chapter by adding new Chapter 9.48 entitled "Alcohol
and Drug Offenses" consisting of Section 9.48.010,
Definitions; Section 9.48.020, Furnishing False
Identification; Section 9.48.030, Minors,
Misrepresenting Age; Section 9.48.040, Minors,
Possession or Consumption of Alcoholic Liquor
Prohibited; Section 9.48.050, Consuming Alcoholic
Liquor in Public Prohibited; Section 9.48.060,
Consumption in Unlicensed Premises Prohibited;
9.48.070, Consumption Inside Vehicles Prohibited;
Section 9.48.080, Open Alcoholic Beverage Container in
Motor Vehicle Prohibited; Section 9.48.090, Possession
of Marijuana, One Ounce or Less, Unlawful, Penalty;
Section 9.48.100, Toxic Compounds, Unlawful Use;
Section 9.48.110, Toxic Compounds, Unlawful Possession;
Section 9.48.120 Toxic Compounds, Unlawful Sale;
Section 9.48.130, Paraphernalia, Use or Possession,
Unlawful, Penalty; Section 9.48.140,Violations,
Penalty; and Section 9.48.150, Severability and Savings
Clause; amending Section 9.20.100 of the Lincoln
Municipal Code to delete the minimum fines for
furnishing false identification, misrepresenting age,
minor in possession of alcohol, and consuming alcohol
in prohibited places to maintain conformity with state
statute.
Fact Sheet (8K)
9) 13-112 Approving the Lease Agreement between the City of
Lincoln and 3732 Holdings, LLC allowing the property
owner at 6800 Normal Boulevard to lease 4,525 square
feet of space within a portion of Holmes Lake Park to
accommodate an expansion of the parking for its office
building.
Fact Sheet (74K)
Attachment (985K)
PUBLIC HEARING - RESOLUTIONS
10) 13R-214 Approving the Agreement Regarding Annexation Fees
between Rural Water District No. 1, Lancaster County,
Nebraska (RWD) and the City of Lincoln for payment of
annexation fees by the City for land that is annexed
and no longer served by RWD. (ADOPTED, 7-0; A-87575)
Fact Sheet (11K)
Attachment (394K)
11) 13R-215 Approving the relocation of Omaha Exposition & Racing,
Inc. dba Lincoln Race Course's keno satellite site from
1800 State Fair Park to 7055 South 1st Street. (ADOPTED,
7-0; A-87576)
Fact Sheet (86K)
12) 13R-216 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, 2013. (ADOPTED, 7-0;
A-87577)
Fact Sheet (7K)
Attachment (20K)
13) 13R-218 Approving an Interlocal Agreement between the Railroad
Transportation Safety District, the City, and the
County to accept the transfer of RTSD Funding for the
South Lincoln Quiet Zone (14th and Yankee Hill) and for
the City and County to accept ownership and maintenance
of the safety improvements in their respective areas.
(ADOPTED, 7-0; A-87578)
Fact Sheet (12K)
Attachment (838K)
14) 13R-219 Approving an Interlocal Agreement between the Railroad
Transportation Safety District and the City 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. (ADOPTED, 7-0; A-87579)
Fact Sheet (12K)
Attachment (288K)
15) 13R-220 Approving an Interlocal Agreement between the Railroad
Transportation Safety District and the City to accept
the transfer of RTSD Funding for the South Salt Creek
Quiet Zone and to accept the ownership and maintenance
of the safety improvements in the area. (ADOPTED, 7-0;
A-87580)
Fact Sheet (12K)
Attachment (289K)
16) 13R-221 Approving a Preliminary Engineering and National
Environmental Policy Act (NEPA) Services Agreement
between the City of Lincoln and Alfred Benesch &
Company to establish the responsibilities and fees for
preliminary engineering and NEPA Phase services for
safety improvements at the intersection of N. 66th
Street and Fremont Street. (ADOPTED, 7-0; A-87581)
Fact Sheet (12K)
Attachment (3480K)
17) 13R-222 Approving an agreement between the City and Speece
Lewis Engineers to provide preliminary and final design
services as well as environmental and geotechnical
services for the 10th Street bridge over Salt Creek.
(ADOPTED, 7-0; A-87582)
Fact Sheet (12K)
Attachment (7430K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
18) 13-106 Annexation 13003 - Amending the Lincoln corporate
Limits Map by annexing approximately .11 acres
generally located at Tuscan and Durado Courts.
(Related Items: 13-106, 13-107) (PASSED,
7-0; #19923)
Fact Sheet (1417K)
Attachment (700K)
19) 13-107 Change of Zone 13016 - Application of Firethorn Golf
Company for a change of zone from AGR Agricultural
Residential District to R-3 Residential District and
from R-3 Residential District to AGR Agricultural
Residential District, on property generally located at
Tuscan and Durado Courts. (Related Items: 13-106,
13-107) (PASSED, 7-0; #19924)
Fact Sheet (1937K)
20) 13-109 Approving a sublease agreement between Nebraska
Vocational Rehabilitation and the City of Lincoln for
the sublease by Nebraska Vocational Rehabilitation of
160 square feet of space at 1111 O Street for purposes
of Workforce Investment Act Services and the American
Job Center for a four year term of October 1, 2013
through September 30, 2017. (PASSED, 7-0; #19925)
Fact Sheet (12K)
Attachment (3457K)
"Ordinances - 1st Reading" & "Resolutions - 1st Reading"
are on Agenda for Advance Notice Only
Public Hearing will occur on Second Reading
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)(ITEM 21
HAD 1ST READING)
21) 13-115 Repealing Ordinance No. 19513 creating Re-paving
District No. 157, in 63rd Street, between Gladstone and
Fremont Streets, due to the lack of a petition signed
by a majority of affected property owners.
Fact Sheet (7K)
RESOLUTIONS - 1ST READING (ITEMS 22 THRU 32 HAD 1ST READING)
22) 13R-217 Adopting the Central Renewable Energy System Agreement
between the Board of Regents of the University of
Nebraska and the City of Lincoln to use municipal
effluent for heating & cooling on the Nebraska
Innovation Campus.
Fact Sheet (12K)
Attachment (2187K)
23) 13R-223 Assessing Public Health Nuisance Abatement costs
associated with the clearing of public nuisances by the
Health Department to the following benefitted
properties: 1744 S. 25th, 1411 N. 24th, 1611 Harrison,
935 Butler, 609 West Q, 3909 Sumner, 3440 S. 44th, 1710
Brookhaven, 2975 Holdrege, 2280 Holdrege, 1020 Sumner,
1947 SW 34th, 1120 High Plains Road, 5620 Greenwood,
3909 Sumner.
Fact Sheet (55K)
Attachment (191K)
24) 13R-225 Waiver No. 13008 Appeal of Karrie Usher from the
Planning Commission approval of the request to waive
the requirement of §26.23.125 of the Land
Subdivision Ordinance for a pedestrian way associated
with a block length in excess of 1,000 feet on property
generally located near N.W. 8th Street and Glacier
Trail.
Fact Sheet (5161K)
25) 13R-226 Approving an Amendment to Agreement between the City of
Lincoln and the League of Human Dignity for the annual
requirements of StarTran's Special Transportation
Programs, pursuant to Bid No. 11-204, to extend the
Agreement term for two years from October 31, 2013
through October 30, 2015.
Fact Sheet (153K)
Attachment (276K)
26) 13R-227 Appointing James Hewitt to the Historic Preservation
Commission for a term expiring April 15, 2016.
(Consent)
Attachment (115K)
27) 13R-228 Reappointing Janet Goodman-Banks, Olga R. Kanne and
Colette M. Polite to the Multicultural Advisory
Committee for terms expiring September 18, 2016.
(Consent)
28) 13R-229 Reappointing Tina Udell to the Community Health
Endowment Board for a term expiring September 1, 2016.
(Consent)
29) 13R-230 Appointing DiAnna Schimek, Thomas Sullivan and Jose
Soto to the Community Health Endowment Board for terms
expiring September 1, 2016. (Consent)
Attachment (218K)
30) 13R-231 Approving a Contract Agreement between the City of
Lincoln and Hiland Dairy Foods Company for the annual
supply of Milk and Dairy Products for the Lincoln Area
Agency on Aging for a two year term.
Fact Sheet (177K)
Attachment (3413K)
31) 13R-232 Approving a Contract Agreement between the City of
Lincoln, Lancaster County, the Lincoln-Lancaster County
Public Building Commission and Seminole Energy Services
LLC for the annual supply of Natural Gas for City and
County owned property for a four year term.
Fact Sheet (120K)
Attachment (4546K)
32) 13R-233 Approving the First Amendment to the Interlocal
Agreement between the City of Lincoln and Lancaster
County to revise provisions regarding the
administration and use of the Keno Human Services
Prevention fund, the investment of monies in the
Endowment Fund, and the adoption of new Keno Human
Services Prevention Fund Guidelines.
Fact Sheet (123K)
Attachment (382K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
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)
Fact Sheet
34) 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)
35) 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)
36) 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)
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 SESSION FOR
THE MONTH OF SEPTEMBER WILL BE HELD ON SEPT. 9TH AND SEPT. 30TH
ADJOURNMENT 7:39 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