City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 26, 2013 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
DUE TO THE HOLIDAY, THERE WILL BE NO CITY COUNCIL MEETING MON., SEPTEMBER 2ND
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) Clerk's Letter and Mayor's Approval of Resolutions and
Ordinances passed by the City Council on August 12,
2013. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
2) Setting the hearing date of Monday, September 9, 2013
at 3:00 p.m. for the application of Chipotle Mexican
Grill, Inc. dba Chipotle Mexican Grill for a Class I
liquor license located at 6005 O Street, Suite A.
(ADOPTED, 6-0; A-87525)
3) Setting the hearing date of Monday, September 9, 2013
at 3:00 p.m. for the application of McKenny's Pub, LLC
dba McKenny's Irish Pub for a Class I liquor license
located at 151 N. 8th Street.
(ADOPTED, 6-0; A-87526)
4) Setting the hearing date of Monday, September 9, 2013
at 3:00 p.m. for the application of Carey Johnson Oil
Company, Inc. dba EZ Go #81 for a Class D liquor
license located at 8411 Windmill Drive.
(ADOPTED, 6-0; A-87527)
5) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 13053 to Special
Permit No. 1762D, Vintage Heights Community Unit Plan,
approved by the Planning Director on August 13, 2013,
requested by Tuscany Townhomes, LLC, to adjust the
front setback from 20 feet to 18 feet for Lots 13, 17 &
34, Block 23 and Lot 11, Block 24, but only for the
front yard where the garage opening does not face it,
on property generally located near S. 84th St.
and Foxtail Dr.
Administrative Amendment No. 13026 to Final Plat
No. 05074, approved by the Planning Director on August
19, 2013, requested by Village Gardens Development Co.,
to extend the time for two years to install a landscape
screen, a pedestrian sidewalk and street trees along an
improved major street, and street trees along non-major
streets for Village Gardens Addition. The improvements
shall be completed by August 19, 2015. Property is
generally located at S. 56th St. and Pine Lake
Rd.
6) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
7) Application of Pershing Center for a special designated
license for an area measuring approximately 6,853 sq.
ft. at the Capitol Terrace of the Pinnacle Bank Arena
and approximately 428,339 sq. ft. at the Festival Space
to the north of Pinnacle Bank Arena at 400 Pinnacle
Arena Drive on August 29, 30 & 31, 2013 & September 7,
2013 from 7:00 a.m. to 12:00 a.m. (ADOPTED FOR APPROVAL,
6-0; A-87528)
8) Application of Stop N Shop Inc. dba Stop N Shop #5 for
a Class D liquor license at 2200 N. 48th Street.
(8/19/13 - Public Hearing & Action cont'd to
8/26/13) (ADOPTED FOR APPROVAL, 6-0; A-87529)
9) Manager application of Jason K. Laessig for Stop N Shop
Inc. dba Stop N Shop #5 at 2200 N. 48th Street.
(8/19/13 - Public Hearing & Action cont'd to
8/26/13) (ADOPTED FOR APPROVAL, 6-0; A-87530)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
(as required) (ITEMS 10 THRU 16 HAD 2ND READING)
(SEE ITEMS 13 THRU 16)
10) 13-95 Amending Section 27.06.180 of the Lincoln
Municipal Code relating to the Manufacture,
Processing, Storage and Distribution Use Group by
amending the Manufacturing, Processing, Storage
and Distribution Use Group Table to show outdoor
vehicle storage as a permitted use in the B-4, I-1
and I-3 zoning districts and to show open storage
as a permitted use in the I-3 zoning district.
Fact Sheet (35K)
11) 13-97 Vacation No. 13001 - Vacating the south 10 feet of
J Street between S. 5th and S. 6th Streets, the
west 10 feet of S. 6th Street between J and H
Streets and the north 17 feet of G Street between
S. 4th and S. 6th Streets.
Fact Sheet (2186K)
Attachment (213K)
12) 13-98 Amending Section 9.20.050 of the Lincoln Municipal
Code relating to disturbing the peace to clarify
that the penalty for such offense includes the
option of both a fine and imprisonment in the
county jail.
Fact Sheet (46K)
13) 13R-181 Amending Resolution No. A-86822 to change the portion
of the Local Government Miscellaneous Expenditures
Policy regarding Meal Reimbursement to tie the City's
meal reimbursement rate to the approved federal rate.
(Related Items: 13R-181, 13R-182, 13R-183, 13-
96) (ADOPTED, 6-0; A-87531)
Fact Sheet (109K)
14) 13R-182 Amending the 2012-2014 City of Lincoln Biennial
Operating Budget for the 2013-2014 fiscal year.
(Related Items: 13R-181, 13R-182, 13R-183,
13-96)(MTA #1 ADOPTED, 6-0; COOK DIVIDED BILL
INTO PARTS A & B; MTA #2 ACCEPTING SUBSTITUTE
RESOLUTION TO REPLACE PART A ADOPTED, 6-0;
SUBSTITUTE BILL NO. 13R-182S ADOPTED, 6-0,
A-87532; ACTION ON PART B DELAYED TWO WEEKS
TO 09/09/13, 6-0)
Fact Sheet (107K)
Attachment (32K)
Attachment
MotionToAmend
15) 13R-183 Approving a schedule of fees the City may charge for
ambulance service. (Related Items: 13R-181, 13R-
182, 13R-183, 13-96) (ADOPTED, 6-0; A-87533)
Fact Sheet (136K)
Attachment (133K)
16) 13-96 Approving the close out of completed construction
projects and transfer of unspent appropriations
and cash (if any) from various projects to
projects where additional funding is needed within
the Public Works & Utilities Department, the Parks
& Recreation Department, the Library Department,
and the Urban Development Department. (Related Items:
13R-181, 13R-182, 13R-183, 13-96)(8/12/13 - To have
2nd Reading w/Public Hearing & 3rd Reading with Action
on 8/26/13 to coincide with Budget Resolution)
(PASSED, 6-0; #19912)
Fact Sheet (11K)
PUBLIC HEARING - RESOLUTIONS
17) 13R-184 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, 2013. (ADOPTED, 6-0;
A-87534)
Fact Sheet (7K)
Attachment (20K)
18) 13R-185 Pre-existing Use Permit No. 9U - Application of BCLINC,
LLC to adjust the parking requirements for the Edgewood
Shopping Center generally located at South 56th Street
and Highway 2. (ADOPTED, 6-0; A-87535)
Fact Sheet (3239K)
19) 13R-186 Authorizing and supporting the Parks & Recreation
Department's submittal of a grant application to the
Nebraska Game and Parks Commission for a Recreational
Trails Program Grant for repair of the Billy Wolff
Trail between Randolph and 27th Street. (ADOPTED, 6-0;
A-87536)
Fact Sheet (108K)
20) 13R-187 Approving Supplemental Agreement No. 1 between the City
of Lincoln and the Nebraska Dept. of Roads for the
Cavett Connector Trail Project, NDOR Project No.
ENH-55(172) Control No. 13079, to remove the federal
funding cap to allow additional funds above the
original federal funding cap to be reimbursed at the
80% Federal Share amount. (ADOPTED, 6-0; A-87537)
Fact Sheet (89K)
Attachment (52K)
21) 13R-188 Approving an Agreement between the City and the
Nebraska Dept. of Roads for maintenance resurfacing
work on selected portions of Highway US-34 within the
corporate limits of Lincoln. (State Project No. STP-BH-
HSIP-34-6(141), CN 12975). (ADOPTED, 6-0; A-87538)
Attachment (416K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) - NONE
RESOLUTION - FOR ACTION ONLY
22) 13R-169 Hearing on One and Six Year Streets and Highways
Program as required by State statute. (Action Date:
8/26) (ADOPTED, 6-0; A-87539)
Fact Sheet (11K)
Attachment (72K)
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 23 THRU 28 HAD 1ST READING)
23) 13-99 Amending the pay schedule for the employee group
whose classifications are assigned to the pay
range prefixed by the letter "E" to create the
classification of Payroll Specialist.
Fact Sheet (27K)
Attachment (55K)
24) 13-100 Amending the pay schedule for the employee group whose
classifications are assigned to the pay range prefixed
by the letter "E" by changing the title and pay range
of Payroll Supervisor to Payroll Administrator.
Fact Sheet (28K)
25) 13-101 Amending the pay schedule for the employee group whose
classifications are assigned to the pay range prefixed
by the letter "N" by changing the title of Customer
Service Assistant II to Customer Service Assistant.
Fact Sheet (28K)
Attachment (126K)
26) 13-102 Amending the pay schedule for the employee group whose
classifications are assigned to the pay range prefixed
by the letter "E" to add additional pay ranges E16 to
E20.
Fact Sheet (25K)
Attachment (83K)
27) 13-103 Amending the pay schedule for the employee group whose
classifications are assigned to the pay range prefixed
by the letter "E" to change the pay range of Ombudsman
from E02 to E12.
Fact Sheet (28K)
28) 13-104 Amending the pay schedule for the employee group whose
classifications are assigned to the pay range prefixed
by the letter "N" by deleting the Class Titles of
Customer Service Assistant I and Permit Technician.
Fact Sheet (26K)
RESOLUTIONS - 1ST READING (ITEMS 29 THRU 35 HAD 1ST READING)
29) 13R-189 Reappointing Doug Biggerstaff to the Examining Board of
Plumbers for a term expiring September 4, 2016.
30) 13R-190 Appointing John P. Neal to the Cable Advisory Board for
a term expiring July 1, 2014.
Attachment (73K)
31) 13R-191 Approving the 2013-14 Work Plan for the Interlocal
Agreement on Stormwater Management between the City and
Lower Platte South Natural Resources District to
address stormwater quality and quantity issues.
Fact Sheet (11K)
Attachment (258K)
32) 13R-193 Approving Supplement No. 1 to the Preliminary
Engineering Services Agreement between the City of
Lincoln and The Schemmer Associates, Inc. for
additional work necessary to complete the Federal Aid
Project No. HSIP-5227(7), Control No. 12944, at North
14th Street and the Eastbound Off-Ramp to U.S. Highway 6.
Fact Sheet (12K)
Attachment (736K)
33) 13R-194 Appointing Bob Caldwell, Sharon Wherry and Michael
Stroup to the Pinnacle Bank Arena Advisory Committee
for terms expiring August 31, 2017.
Attachment (52K)
34) 13R-195 Appointing David McBride and James O'Hanlon to the
Pinnacle Bank Arena Advisory Committee for terms
expiring August 31, 2015.
35) 13R-196 Appointing Mike Ayars and Thomas Ball to the Pinnacle
Bank Arena Advisory Committee for terms expiring August
31, 2016.
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST
36) 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
37) 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)
38) 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)
39) 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 AUGUST WILL BE HELD ON AUGUST 12TH AND AUGUST 26TH
ADJOURNMENT 6:41 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