City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 23, 2013 AT 3:00 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-202 Appointing Dr. Michelle Petersen to the Lincoln-
Lancaster County Board of Health for a term expiring
April 15, 2016. (ADOPTED, 7-0; A-87563)
Attachment (85K)
2) 13R-203 Appointing Melissa K. Filipi to the Keno Human Services
Advisory Board for a term expiring July 1, 2016.
(ADOPTED, 7-0; A-87564)
Attachment (76K)
3) 13R-207 Approving a Contract Agreement between the City of
Lincoln, Lancaster County and Garcia-Chicoine
Enterprises, Inc. for the annual requirements of
Work/Services and Materials for the Repair of
Guardrails pursuant to the State of Nebraska Department
of Roads Contract No. HH1305, for a three year term.
(ADOPTED, 7-0; A-87565)
Fact Sheet (164K)
Attachment (3251K)
4) 13R-212 Reappointing Rachel Warman to the Air Pollution Control
Advisory Board for a term expiring September 1, 2016.
(ADOPTED, 7-0; A-87566)
Attachment (67K)
5) 13R-213 Appointing Wanda Blasnitz and Jack Coogan to the Air
Pollution Control Advisory Board for a term expiring
September 1, 2016. (ADOPTED, 7-0; A-87567)
Attachment (189K)
6) Request of Public Works to set the Hearing Date of
Monday, October 14, 2013, at 3:00 p.m. and place on the
formal City Council Agenda the following:
13-113 Provide authority to create a Special
Assessment Paving District for W. Nance St.
from NW 8th St. to NW 9th St.
(APPROVED, 7-0)
7) Clerk's Letter and Mayor's Approval of Resolutions and
Ordinances passed by the City Council on September 9,
2013. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
8) REFERRED TO THE PLANNING DEPARTMENT:
Change of Zone No. 13019 - Requested by Piedmont
Shopping Center, LLC., Piedmont Shops Planned Unit
Development, for a change of zone from B-1 Local
Business District to B-3 Commercial District PUD, on
property generally located at South Cotner Boulevard
and A Streets (1265 Cotner Boulevard); for a Planned
Unit Development District designation of said property;
and for approval of a development plan which proposes
modifications to the Design Standards, Zoning Ordinance
and Subdivision Ordinance to allow improvements and B-3
uses in the Piedmont Shopping Center on the underlying
B-3 zoned area.
Change of Zone 13021 - Requested by Bruce
Brinkman, for a change from AGR Agricultural
Residential District to O-3 Office Park District, on
property generally located at S. 84th Street and Eiger
Drive (8333 Eiger Drive).
Special Permit 13044 - Requested by Immanuel
Lutheran Church, for the expansion of a nonconforming
use, reducing the required front yard on Plum Street
and S. 11th Street for the construction of an addition
to the existing building, on property generally located
at S. 11th Street and Plum Street (2001 S. 11th
Street).
9) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS - NONE
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 10 THRU 12 HAD 2ND READING)
10) 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)
Fact Sheet (1417K)
Attachment (700K)
11) 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)
Fact Sheet (1937K)
12) 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.
Fact Sheet (12K)
PUBLIC HEARING - RESOLUTIONS
13) 13R-208 Authorizing a request to the State of Nebraska, Board
of Public Roads Classifications and Standards, for
relaxation of the Minimum Design Standards to allow 9
1/2 to 10 foot wide lanes in Van Dorn Street from 33rd
to 48th Streets, City Project 701773. (MTA #1 ADOPTED,
7-0; ADOPTED AS AMENDED, 7-0; A-87568)
Fact Sheet (60K)
Attachment (16369K)
14) 13R-209 Approving a Cooperative Agreement between the Nebraska
Department of Environmental Quality (NDEQ) and the City
of Lincoln regarding State of Nebraska grant funding
from the Stormwater Management Plan Program.
(ADOPTED, 7-0; A-87569)
Fact Sheet (71K)
Attachment (301K)
15) 13R-210 Approving the use of public right-of-way for the
installation of private conduit for fiber optic cable
in South 36th Street to serve the school and parish
property for Saint Teresa's Church at 735 South 36th
Street. (ADOPTED, 7-0; A-87570)
Fact Sheet (75K)
Attachment (733K)
16) 13R-211 Approving a Project Programming Agreement between the
City of Lincoln and the Nebraska Department of Roads to
establish various duties and funding responsibilities
for a Federal Aid Safety Improvement Project for
construction of Adaptive Signal Control Technology and
upgrade of fiber communications along North 27th Street
between O Street and Interstate 80. (ADOPTED, 7-0;
A-87571)
Fact Sheet (110K)
Attachment (55K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
17) 13-105 Approving a sublease agreement between Goodwill
Industries and the City of Lincoln for the sublease by
Goodwill 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;
#19922)
Fact Sheet (12K)
Attachment (1596K)
"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)
(ITEMS 18 THRU 21 HAD 1ST READING)
18) 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)
19) 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)
20) 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)
21) 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)
RESOLUTIONS - 1ST READING (ITEMS 22 THRU 30 HAD 1ST READING)
22) 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.
Fact Sheet (11K)
Attachment (394K)
23) 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.
Fact Sheet (86K)
24) 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.
Fact Sheet (7K)
Attachment (20K)
25) 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.
Fact Sheet (12K)
Attachment (838K)
26) 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.
Fact Sheet (12K)
Attachment (288K)
27) 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.
Fact Sheet (12K)
Attachment (289K)
28) 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.
Fact Sheet (12K)
Attachment (3480K)
29) 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.
Fact Sheet (12K)
Attachment (7430K)
30) 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. (Consent)
Fact Sheet (120K)
Attachment (226K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
31) 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
32) 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)
33) 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)
34) 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 3:30 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