City of Lincoln
City Council Office
City Council Office
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 26, 2010 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 - NONE
PETITIONS & COMMUNICATIONS
1) THE FOLLOWING HAS BEEN PLACED ON FILE IN THE OFFICE
OF THE CITY CLERK:
Administrative Amendment No. 10040 - Special
Permit No. 1988B, Tamarin Ridge Community Unit Plan,
approved by the Planning Director on July 14, 2010,
requested by Hausmann Development, LLC, to reverse
the rear and side yard setback on Lot 7, Block 1 and
to revise the note to specify a four foot wide
sidewalk instead of a five foot sidewalk along the
ten foot wide pedestrian way easement which runs
east-west along the north lot line of this property
generally located at Tamarin Ridge and Jacobs Creek
Drive.
2) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 3 THRU 5 HAD 2ND READING)
3) 10-48 Approving the lease agreement between the
City and Erik Alm for the lease of office
space by Aging Partners for its Personal &
Family Services program at 1325 N. Chestnut
Street, Wahoo, NE 68066 for a term of July
1, 2010 through June 30, 2011. (5/24/10
- Placed on Indefinite Pending) (Request to
remove from Pending) (7/12/10 - Removed
from Pending to have 1st Reading
7/19/10, P.H. 7/26/10)
Fact Sheet (72K)
Attachment (69K)
4) 10-88 Amending Chapter 5.38 of the Lincoln
Municipal Code relating to Licenses and
Regulations for Motels, Hotels, Rooming,
Lodging and Apartment Houses by amending
Section 5.38.010 to add and revise
definitions; amending Section 5.38.040,
Compliance with Minimum Standard Housing
and Inspection, to provide for inspections,
schedules and fees for permit issuance and
compliance; and amending Section 5.38.110,
Penalty for Violations, to increase the
minimum fines for violations of Chapter 5.38.
Fact Sheet (71K)
5) 10-89 Amending Chapter 21.05 of the Lincoln Municipal
Code, the Property Maintenance Code, by amending
Section 21.05.120, Violations, to provide for
increased inspections and fees for properties
not in compliance with this title; and amending
Section 21.05.240 to add and amend definitions.
Fact Sheet (62K)
PUBLIC HEARING - RESOLUTIONS
6) 10R-159 Approving a Contract Agreement between the City of
Lincoln and OMB's Express Police Supply for the
annual requirements for Hi-Visibility Parkas,
pursuant to Bid No. 10-094, for a two-year term with
option to renew for one additional two-year term.
(7/19/10 - Action delayed 1 week w/ cont'd Public
Hearing) (Request to withdraw)(WITHDRAWN, 7-0; #38-4604)
Fact Sheet (510K)
Attachment (8104K)
7) 10R-162 Accepting the report of new and pending claims
against the City and approving disposition of claims
set forth for the period of July 1 - 15, 2010.
(AMENDED TO REMOVE DENIED CLAIM OF DUNN TO
HAVE ACTION AT A LATER DATE, 7-0; ADOPTED AS AMENDED,
7-0; A-85933)
Fact Sheet (14K)
Attachment (20K)
8) 10R-165 Approving a Contract Agreement between the City of
Lincoln and EMS Technology Solutions, LLC for EMS
Inventory Management Solution, pursuant to Bid No.
10-119, for a four year term with an option to renew
for one additional four year term. (ACTION DELAYED
W/PUBLIC HEARING CONTINUED FOR ONE WEEK TO 8/2/10, 6-1;
SNYDER DISSENTING)
Fact Sheet (126K)
Attachment (2725K)
9) 10R-179 Approving a Contract Agreement between the City of
Lincoln and Communication Services, Inc. for the
annual requirements of 802.11 A/B/G Radios, pursuant
to Bid No. 10-086, for a four-year term. (ACTION
DELAYED W/PUBLIC HEARING CONTINUED FOR ONE WEEK TO
8/2/10, 6-1; SNYDER DISSENTING)
Fact Sheet (125K)
Attachment (1748K)
10) 10R-178 Approving an Agreement between the City on behalf of
the Lincoln-Lancaster County Health Department and
BryanLGH Medical Center on behalf of the BryanLGH
School of Nursing to provide clinical training for
public health nursing students in community health
nursing and the WIC Program at the Health Department
for a term of September 1, 2010 through August 31,
2013. (ADOPTED, 7-0; A-85934)
Fact Sheet (85K)
Attachment (533K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 11 THRU 15 HAD 1ST READING)
11) 10-90 Amending Section 10.32.070 of the Lincoln
Municipal Code relating to parking of
vehicles on streets adjacent to
residentially zoned property to extend the
length of time a truck cabin trailer and
self-propelled mobile home, semitrailer,
trailer, or truck-tractor may lawfully park
for loading or unloading, delivery, or
collection of goods, wares, merchandise, or
materials from two hours to four hours.
Fact Sheet (14K)
12) 10-91 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 "M".
Fact Sheet (137K)
Attachment (417K)
13) 10-92 Amending the pay schedule for a certain employee
group assigned to the pay range which is
prefixed by the letter C by changing the pay
range of the classification Environmental
Compliance Technician.
Fact Sheet (137K)
14) 10-97 Amending the pay schedule for a certain employee
group assigned to the pay range which is
prefixed by the letter N by changing the title
of the classifications Stores Clerk II, Meter
Reader II, and Parks Plumber II.
Fact Sheet (137K)
15) 10-98 Amending the pay schedule for a certain employee
group assigned to the pay range which is
prefixed by the letter N by deleting the
classifications Publications Specialist, Right
of Way Technician, Real Estate Clerk, Stores
Clerk I, Environmental Health Technician,
Maintenance Mechanic, Utility Service
Technician, Meter Reader I, and Parks Plumber I.
Fact Sheet (138K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
16) 10-78 Amending Chapter 6.04 of the Lincoln Municipal
Code relating to Animal Control Regulations -
Generally, by amending Section 6.04.020 to
include wild animals and to grant the Director
authority to impound the animal or order the
owner to remove or destroy the animal; adding a
new section numbered 6.04.025 to provide an
exemption from licensing fees for service
animals; amending Section 6.04.120 to amend the
prohibition against animals running at large;
amending Section 6.04.130 to define the
Director's authority to impound and release
animals in violation of Title 6 of the Lincoln
Municipal Code; amending Section 6.04.140 to
remove references to "fowl" and to expand the
section to cover all of Title 6 of the Lincoln
Municipal Code; amending Section 6.04.150 to
outline the requirements that an owner of an
impounded animal must meet before releasing said
animal; amending Section 6.04.260 to increase
the minimum depth at which dead animals must be
buried; amending Section 6.04.315 to increase
the Director's authority to inspect, care for,
and impound animals showing signs of abuse or
neglect; adding a new section numbered 6.04.355
to make it unlawful for the owner of any animal
to allow said animal to kill, bite, or attack
any human being or domestic animal; to amend
Section 6.04.360 to change language associated
with declaring an animal vicious; amending
Section 6.04.400 to make it unlawful to provide
false information to the Director or an Animal
Control Officer regarding an animal; amending
Section 6.04.435 to repeal the specific penalty
provisions of this section; adding a new section
numbered 6.04.437 to create a definition and
process for declaring that someone is an
"Irresponsible Animal Owner"; amending Section
6.04.440 to change the general penalty
provisions for Chapter 6.04 of the Lincoln
Municipal Code. (7/19/10 - Action delayed 1
week to 7/26/10) (AMENDED TO ORIGINAL ORD., 7-0;
(MTA # 1 & #2 VOID); MTA #3, 7-0; MTA #4, 7-0;
PASSED AS AMENDED, 7-0; #19417)
Fact Sheet (45K)
17) 10-87 Approving the Facilities Agreement between the
City and the West Haymarket Joint Public Agency
and the issuance of not to exceed
$100,000,000.00 of the Agency's General
Obligation Facility Bonds, Series 2010.
(MTA #1, 7-0; PASSED AS AMENDED, 7-0;
#19418)
18) 10-83 Authorizing the sale of surplus property
described as Lot 18, Block 3, East Park
Addition, also known as 2726 Dudley Street to
Cornhusker Bank. (PASSED, 7-0; # 19419)
Fact Sheet (1007K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK; SEE ITEM 27)
19) 05-188 Change of Zone 3413 - Application of Landon's
Neighborhood Assoc. for a change of zone from R-4
Residential to R-2 Residential on property generally
located at N. 24th and Superior Streets.
(12/19/05 - Placed on Pending Indefinitely)
Fact Sheet (1465K)
20) 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)
21) 09-20B Annexation No. 08016 - Amending the Lincoln
Corporate Limits Map by annexing approximately 106
acres north of Interstate 80 on both sides of NW
48th Street. (3/2/09 - Placed on Pending
Indefinitely)
Fact Sheet (220K)
Attachment (296K)
22) 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)
23) 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)
24) 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)
25) 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)
26) 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)
27) 10-86 Change of Zone 10007 - Application of Kent Prior
for a change of zone from AG Agricultural
District to AGR Agricultural Residential
District on property generally located at North
98th Street and Holdrege Street. (7/19/10 -
Placed on Indefinite Pending, No Date Certain)
REMOVED FROM PENDING TO HAVE 1ST READING ON 8/9/10, 7-0)
Fact Sheet (1039K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, AUGUST 2, 2010, AT 3:00 P.M.
(APPROVED, 7-0)
28) 10R-166 Appointing Wayne Bauer to the Aging Partners Area-
wide Advisory Council for a term expiring July 1,
2012.
Attachment (61K)
29) 10R-167 Appointing Tom Wright, Russ F. Neil, Roger (R.J.)
Lipert and Joy Citta to the Alarm Review Board for
terms expiring July 1, 2011, July 1, 2011, July 1,
2012 and July 1, 2012, respectively.
Attachment (306K)
30) 10R-168 Reappointing Joe Tidball, Robert Ripley and Karen
Hand to the Parks and Recreation Advisory Board for
three-year terms expiring April 27, 2013.
31) 10R-169 Reappointing Rick Poore, Donald Stading and Kathleen
Neary to the Charter Revision Commission for terms
expiring July 15, 2014.
32) 10R-170 Reappointing Cecil Steward, Kim Todd, John Kay, Tom
Laging and Jeff Searcy to the Capitol Environs
Commission for three-year terms expiring January 9,
2012, January 9, 2012, January 9, 2013, January 9,
2013 and April 15, 2013, respectively.
33) 10R-172 Appointing Rick Poore and Tina Udell to the
Community Health Endowment Board of Trustees for
three-year terms expiring September 1, 2013.
Attachment (142K)
34) 10R-173 Reappointing Mike Tavlin and Charlene Gondring to
the Community Health Endowment Board of Trustees for
terms expiring September 1, 2013.
35) 10R-175 Reappointing Cathy Beecham and Berwyn Jones to the
Historic Preservation Commission for three-year
terms expiring April 15, 2013.
36) 10R-176 Reappointing Gordon Scholz, Joanne Kissel and Mary
Anne Wells to the Urban Design Committee for three-
year terms expiring February 1, 2012, February 1,
2012 and February 1, 2013, respectively.
37) 10R-177 Appointing Steve Speicher to the StarTran Advisory
Board for a term expiring October 20, 2011.
Attachment (67K)
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. THE OPEN MICROPHONE
SESSIONS DURING THE MONTH OF JULY ARE THE 12TH AND 26TH.
ADJOURNMENT 6:34 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.
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The City Council Agenda and Action Sheet may be accessed on the
Internet at:
lincoln.ne.gov
***