InterLinc Home Page
lincoln.ne.gov
City of Lincoln
City of Lincoln
City Council Office

Formal Agenda


       	     ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
               	    MONDAY, OCTOBER 7, 2013 AT 3:00 P.M.
					
			    ALL MEMBERS PRESENT

                 	MAYOR'S AWARD OF EXCELLENCE

                      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-227   Appointing James Hewitt to the Historic Preservation
               Commission for a term expiring April 15, 2016.
               (ADOPTED, 7-0; A-87583)
               Attachment (115K)

 2)  13R-228   Reappointing Janet Goodman-Banks, Olga R. Kanne and
               Colette M. Polite to the Multicultural Advisory
               Committee for terms expiring September 18, 2016.
               (ADOPTED, 7-0; A-87584)

 3)  13R-229   Reappointing Tina Udell to the Community Health
               Endowment Board for a term expiring September 1, 2016.
               (ADOPTED, 7-0; A-87585)

 4)  13R-230   Appointing DiAnna Schimek, Thomas Sullivan and Jose
               Soto to the Community Health Endowment Board for terms
               expiring September 1, 2016.
               (ADOPTED, 7-0; A-87586)
               Attachment (218K)

 5)            Clerk's Letter and Mayor's Approval of Resolutions and
               Ordinances passed by the City Council on September 23, 2013.
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 6)            Setting the hearing date of Monday, October 21, 2013 at
               3:00 p.m. for the application of Kiechel Fine Art LLC
               dba Kiechel Fine Art for a Class C liquor license
               located at 1208 O Street.
               (ADOPTED, 7-0; A-87587)

 7)            Setting the hearing date of Monday, October 21, 2013 at
               3:00 p.m. for the application of Whitehead Oil Company
               dba U-Stop 2 for a Class D liquor license located at
               240 North 17th Street.
               (ADOPTED, 7-0; A-87588)

 8)            Setting the hearing date of Monday, October 21, 2013 at
               3:00 p.m. for the application of Whitehead Oil Company
               dba U-Stop 3 for a Class D liquor license located at
               610 South 10th Street.
               (ADOPTED, 7-0; A-87589) 

 9)            Setting the hearing date of Monday, October 21, 2013 at
               3:00 p.m. for the application of Whitehead Oil Company
               dba U-Stop 5 for a Class D liquor license located at
               8231 E. O Street.
               (ADOPTED, 7-0; A-87590)

10)            Setting the hearing date of Monday, October 21, at 3:00
               p.m. for the application of Whitehead Oil Company dba
               U-Stop 6 for a Class D liquor license located at 942 S.
               27th Street.
               (ADOPTED, 7-0; A-87591) 

11)            Setting the hearing date of Monday, October 21, 2013 at
               3:00 p.m. for the application of Whitehead Oil Company
               dba U-Stop 7 for a Class D liquor license located at
               5600 S. 56th Street.
               (ADOPTED, 7-0; A-87592) 
                    

12)    MISCELLANEOUS REFERRALS

                       - END CONSENT AGENDA -
               

PUBLIC HEARING - LIQUOR RESOLUTIONS - NONE


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
               (ITEM 13 HAD 2ND READING)

13)  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)


PUBLIC HEARING - RESOLUTIONS

14)  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.
               (ADOPTED, 7-0; A-87593)
               Fact Sheet (12K)
               Attachment (2187K)

15)  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.  (P.H. CON'T W/ACTION ON 1744 SOUTH 25TH
               TO 10/14/2013, ADOPTED; 7-0; A-87599)
               Fact Sheet (55K)
               Attachment (191K)

16)  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.
               (ADOPTED, 7-0; A-87594)
               Fact Sheet (5161K)

17)  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.
               (ADOPTED, 7-0; A-87595)
               Fact Sheet (153K)
               Attachment (276K)

18)  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.
               (ADOPTED, 7-0; A-87596)
               Fact Sheet (177K)
               Attachment (3413K)

19)  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.
               (ADOPTED, 7-0; A-87597)
               Fact Sheet (120K)
               Attachment (4546K)

20)  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.
               (ADOPTED, 7-0; A-87598)
               Fact Sheet (123K)
               Attachment (382K)


                     - END PUBLIC HEARING -


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)

21)  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. (ACTION DELAYED W/CONT'D P.H. FOR 3 WEEKS
               TO 10/28/2013, 7-0)
               Fact Sheet (13K)
               Attachment (133K)

22)  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. (PASSED, 7-0; #19926)
               Fact Sheet (8K)

23)  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.(PASSED, 7-0; #19927)
               Fact Sheet (8K)

24)  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. (PASSED, 7-0; #19928)
               Fact Sheet (74K)
               Attachment (985K)
                                   

"Ordinances - 1st Reading" & "Resolutions - 1st Reading" are on Agenda
   Advance Notice Only Public Hearing will occur on Second Reading

ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) 
               (ITEMS 25 THRU 34 HAD 1ST READING)

25)  13-114    Approving a sublease agreement between Experience Works
               and the City of Lincoln for the sublease by Experience
               Works of 316.74 square feet of space at 1111 O Street
               for purposes of Workforce Investment Act Services and
               the American Job Center for a one year term of October
               1, 2013 through September 30, 2014 with the option to
               renew for three additional one year terms.
               Fact Sheet (101K)
               Attachment (1065K)

26)  13-116    Amending Chapter 8.08 of the Lincoln Municipal Code
               relating to Body Art Establishments by amending Section
               8.08.060 to increase the permit fees for a body art
               establishment and amending Section 8.08.350 to increase
               the reinstatement fee for a body art establishment.
               Fact Sheet (56K)

27)  13-117    Amending Chapter 8.14 of the Lincoln Municipal Code
               relating to Child Care Programs by amending Section
               8.14.037 to increase the permit fees associated with
               child care programs and amending Section 8.14.150 to
               increase the fee for reinstatement of a suspended child
               care program certificate of compliance.
               Fact Sheet (46K)

28)  13-118    Amending Chapter 8.20 of the Lincoln Municipal Code
               relating to the Lincoln Food Code by amending Section
               8.20.150 to increase the permit fees associated with
               food establishments and amending Section 8.20.170 to
               increase the fee for reinstatement of a permit
               associated with food service.
               Fact Sheet (47K)

29)  13-119    Amending Chapter 8.24 of the Lincoln Municipal Code
               relating to the Noise Control Ordinance by 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.
               Fact Sheet (43K)

30)  13-120    Amending Chapter 8.38 of the Lincoln Municipal Code
               relating to Public Swimming Pools by amending Section
               8.38.090 to increase the permit fee for the operation
               of a Class A or Class B swimming pool.
               Fact Sheet (43K)

31)  13-121    Amending Chapter 8.40 of the Lincoln Municipal Code
               relating to Spa Facilities by amending Section 8.40.070
               to increase the permit fees associated with the
               operation of spa facilities.
               Fact Sheet (44K)

32)  13-122    Amending Chapter 8.44 of the Lincoln Municipal Code
               relating to Water Wells by amending Section 8.44.070 to
               increase the permit fees associated with water wells.
               Fact Sheet (44K)

33)  13-123    Amending Section 24.38.070 of the Lincoln Municipal
               Code relating to fees for On-site Wastewater Treatment
               Systems to incrementally increase said fees to cover
               costs of providing required services to business and
               industry and to protect the health of the residents of
               City.
               Fact Sheet (50K)

34)  13-124    Amending Section 24.42.110 of the Lincoln Municipal
               Code to increase fees associated with the regulation of
               property transfers with on-site wastewater treatment
               systems.
               Fact Sheet (51K)

RESOLUTIONS - 1ST READING (ITEMS 35 THRU 41 HAD 1ST READING)

35)  13R-234   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, 2013.
               Fact Sheet (7K)
               Attachment (20K)

36)  13R-235   Approving a Service Agreement between the City of
               Lincoln, on behalf of the Lincoln-Lancaster County
               Health Department, and Iowa College Acquisition, LLC,
               dba Kaplan University, for Federal Work Study program
               funds for students enrolled in a business program to
               provide basic office assistance at the Health
               Department for a term of July 1, 2013 through June 30,
               2015. (Consent)
               Fact Sheet (44K)
               Attachment (483K)

37)  13R-236   Comp. Plan Conformance No. 13007 - Approving the
               Antelope Valley Redevelopment Plan to add the "21st and
               N Redevelopment Project: The Exchange at Antelope
               Valley" for (a) a 12,000 square foot mixed use retail
               building  and 28 dwelling units; (b) 67 dwelling units;
               and (c) a 40,000 square foot grocery store in the area
               generally located at S. 21st Street and N Street
               between K Street on the south, N Street on the north,
               S. Antelope Valley Parkway on the west and
               23rd Street on the east.
               Fact Sheet (4379K)
               Attachment (308K)
               Attachment (2495K)

38)  13R-237   Adopting increased fees for special waste permits as
               authorized under Section 8.32.090 of the Lincoln
               Municipal Code.
               Fact Sheet (52K)

39)  13R-238   Amending the Lincoln-Lancaster County Air Pollution
               Control Regulations and Standards, Article 1, Section
               6, to increase fees for required services to business
               and industry.
               Fact Sheet (54K)
               Attachment (409K)

40)  13R-239   Adopting increased fees for conducting National
               Pollutant Discharge Elimination System (NPDES)
               stormwater permit compliance inspections at regulated
               industrial facilities.
               Fact Sheet (53K)

41)  13R-240   Approving an amendment to the FY 12/13 CIP to add an
               appropriation of $1 million for the construction of the
               second Horizontal Collector Well Caisson and Laterals
               in Lincoln's Well Field near Ashland, Nebraska.
               Fact Sheet (29K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST (EXTENDED ONE WEEK, SEE ITEMS #43, #44 AND #45)

42)  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

43)  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.
               (WITHDRAWN, 7-0; #38-4637)

44)  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.
               (WITHDRAWN, 7-0; #38-4638)

45)  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.
               (WITHDRAWN, 7-0; #38-4639)
               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 OCTOBER
WILL BE HELD ON OCT. 14TH AND OCT. 28TH


ADJOURNMENT	4:44 P.M. 

UPCOMING HEARINGS

     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.

     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.



                                 ***
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








City Council
Meetings