City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 2, 2010 AT 3:00 P.M.
ALL MEMBERS PRESENT
AUGUST 9 BUDGET PUBLIC HEARING SCHEDULE
The Regular Meeting of August 9 will begin at 2:00 p.m.
The Public Hearing on the 1 & 6 Year Street & Highway Program,
the 2010/11 Mayor's Recommended Annual Operating Budget &
Capital Improvement Program 2010/11 - 2015/16 will begin at 2:30 p.m.
PUBLIC HEARING
CONSENT AGENDA
Anyone wishing to address an item on the Consent Agenda may do so at this time
REPORTS OF CITY OFFICERS (See Bill No. 10R-170)
1) 10R-166 Appointing Wayne Bauer to the Aging Partners Area-
wide Advisory Council for a term expiring July 1,
2012. (ADOPTED, 7-0; A-85935)
Attachment (61K)
2) 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.
(ADOPTED, 7-0; A-85936)
Attachment (306K)
3) 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.
(ADOPTED, 7-0; A-85937)
4) 10R-169 Reappointing Rick Poore, Donald Stading and Kathleen
Neary to the Charter Revision Commission for terms
expiring July 15, 2014. (ADOPTED, 7-0; A-85938)
5) 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. (Request
to withdraw this resolution; appointed by
Governor) (MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0;
A-85939)
6) 10R-172 Appointing Rick Poore and Tina Udell to the
Community Health Endowment Board of Trustees for
three-year terms expiring September 1, 2013.
(ADOPTED, 7-0; A-85940)
Attachment (142K)
7) 10R-173 Reappointing Mike Tavlin and Charlene Gondring to
the Community Health Endowment Board of Trustees for
terms expiring September 1, 2013.
(ADOPTED, 7-0; A-85941)
8) 10R-175 Reappointing Cathy Beecham and Berwyn Jones to the
Historic Preservation Commission for three-year
terms expiring April 15, 2013.
(ADOPTED, 7-0; A-85942)
9) 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.
(ADOPTED, 7-0; A-85943)
10) 10R-177 Appointing Steve Speicher to the StarTran Advisory
Board for a term expiring October 20, 2011.
(ADOPTED, 7-0; A-85944)
Attachment (67K)
11) Report from City Treasurer of City Cash on hand at
the close of business June 30, 2010. (PLACED ON FILE)
12) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on July
19, 2010. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
13) Setting the hearing date of Monday, August 16, 2010
at 3:00 p.m. for the Application of Trader Joe's
Company dba Trader Joe's #722 for a Class C liquor
license located at 3120 Pine Lake Road, Suite R.
(ADOPTED, 7-0; A-85945)
14) THE FOLLOWING HAS BEEN PLACED ON FILE IN THE OFFICE
OF THE CITY CLERK:
Administrative Amendment No. 07071 to Special
Permit No. 07011 Wild Acres approved by the Planning
Director on July 22, 2010 requested by ESP, Inc., to
move Lot 15 on Ashland Road to a location abutting
N. 1st Street on property generally located at N.
14th Street and Ashland Road.
15) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
16) Application of MJBK, Inc. dba Cornhusker Bottle Shop
for a Class D liquor license at 2310 North 1st
Street. (ADOPTED FOR APPROVAL, 7-0; A-85946)
17) Manager application of Mark A. Treinen for MJBK,
Inc. dba Cornhusker Bottle Shop at 2310 North 1st
Street. (ADOPTED FOR APPROVAL, 7-0; A-85947)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 18
THRU 22 HAD 2ND READING)
18) 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)
19) 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)
20) 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)
21) 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)
22) 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)
PUBLIC HEARING - RESOLUTIONS
23) 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. (P.H. w/Action
con't. 1 wk to 8/2/10) (ADOPTED, 7-0; A-85948)
Fact Sheet (126K)
Attachment (2725K)
24) 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. (P.H.
w/Action con't. 1 wk to 8/2/10) (ADOPTED, 7-0; A-85949)
Fact Sheet (125K)
Attachment (1748K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 25
THRU 31 HAD 1ST READING, SEE ITEMS 30 & 31)
25) 10R-182 Approving Amendment No. 2 to the Village Gardens
Conditional Annexation and Zoning Agreement
between the City and Village Gardens Development
Company, LLC, relating to the annexation of
approximately 15.5 acres of property generally
located at South 62nd Street and Yankee Hill
Road. (Related Items: 10R-182, 10-99, 10-100)
(Action Date: 8/16/10) (ITEMS 25 THRU 31 HAD 1ST READING,
SEE ITEMS 30 & 31)
Attachment (80K)
26) 10-99 Annexation No.10001 - Amending the Lincoln
Corporate Limits Map by annexing approximately
15.5 acres of property generally located at
South 62nd Street and Yankee Hill Road.
(Related Items: 10R-182, 10-99, 10-100)
(Action Date: 8/16/10)
Fact Sheet (797K)
Attachment (253K)
27) 10-100 Change of Zone No. 10006 - Application of Village
Gardens Development for a change of zone from AG
Agricultural District to R-3 Residential District on
property generally located at South 62nd Street and
Yankee Hill Road. (Related Items: 10R-182, 10-99,
10-100) (Action Date: 8/16/10)
Fact Sheet (771K)
28) 10-101 Adopting an amended and restated version of the City
of Lincoln Employees' Retirement Plan and Trust to
provide that the employer contribution for employees
hired in positions and pay ranges prefixed by the
letter "N" on or after September 1, 2010 will be an
amount equal to 9% of an employee's compensation;
and to further provide that the mandatory employee
contribution for employees hired in positions and
pay ranges prefixed by the letter "N" on or after
September 1, 2010 will be in an amount equal to 7%
of an employee's compensation.
Fact Sheet (104K)
29) 10-102 Adopting an amended and restated version of the City
of Lincoln Employees' Retirement Plan and Trust to
provide that the employer contribution for employees
hired in positions and pay ranges prefixed by the
letters "A", "B" and "C" on or after September 1,
2010 will be an amount equal to 9% of an employee's
compensation; and to further provide that the
mandatory employee contribution for employees hired
in positions and pay ranges prefixed by the letters
"A", "B" and "C" on or after September 1, 2010 will
be in an amount equal to 7% of an employee's
compensation.
Fact Sheet (106K)
Attachment (3000K)
30) 10-103 Amending Title 2 of the Lincoln Municipal Code,
Officers, Departments and Personnel, by amending
Sections 2.62.010, 2.65.010 and 2.66.010 relating to
the establishment of Police and Fire Pension Plans
A, B and C, respectively, to amend the date by which
the required city normal cost contributions to the
Police and Fire Pension Fund are to be made.
(TO HAVE 2ND READING W/P.H. AT 2:30 P.M. ON 8/9/10
ALONG WITH BILL NO. 10R-180, 6-1; CAMP, CARROLL, COOK,
HORNUNG, SNYDER, SPATZ ASSENTING; EMERY DISSENTING)
Fact Sheet (92K)
31) 10-104 Amending Section 2.42.040 of the Lincoln Municipal
Code to provide that the Parking Services Division
of the Urban Development Department shall be
responsible for managing on-street and off-street
parking of the City of Lincoln; amending Chapter
10.02 of the Lincoln Municipal Code relating to
definitions associated with Vehicles and Traffic to
provide definitions for "Parking Control Officer"
and "Parking Services Enforcement Area"; amending
Section 10.06.010 of the Lincoln Municipal Code to
provide that the Director of Public Works and
Utilities shall determine where public parking will
be metered or otherwise regulated; amending Section
10.06.040 of the Lincoln Municipal Code to establish
a Parking Records Bureau within the Urban
Development Department; amending Section 10.06.070
of the Lincoln Municipal Code to provide that
Parking Control Officers shall have the power to
issue citations for the specific parking and
registration violations set forth in Section
10.06.110(b) of the Lincoln Municipal Code; amending
Section 10.06.110 of the Lincoln Municipal Code to
set forth the violations for which a Parking Control
Officer shall issue citations; amending Section
10.34.020 of the Lincoln Municipal Code to provide
that the Parking Services Division of the Urban
Development Department shall be responsible for
installing parking meters; amending Section
10.34.100 of the Lincoln Municipal Code to provide
that the Parking Services Division of the Urban
Development Department shall be responsible for the
collection of parking meter fees; amending Section
10.36.010 of the Lincoln Municipal Code to provide
that the Directors of Public Works and Utilities and
Urban Development shall make recommendations to the
Mayor regarding the creation of off-street parking
facilities; amending Sections 10.36.030 and
10.36.040 of the Lincoln Municipal Code to provide
that the Director of Urban Development shall
designate, locate, and take all steps necessary for
the effective operation of gated parking facilities;
amending Section 10.36.100 of the Lincoln Municipal
Code to provide that the Director of Urban
Development shall set the parking fees to be
collected for off-street parking facilities;
amending Section 10.44.030 of the Lincoln Municipal
Code to authorize Parking Control Officers to
contact the Police Department for impoundment of
vehicles parked in violation of any parking
ordinance of the City; amending Section 10.44.040
provide that the Chief of Police and the Director of
Urban Development shall be accountable for any fees
collected relating to impounded vehicles.
(TO HAVE 2ND READING W/P.H. AT 2:30 P.M. ON 8/9/10
ALONG WITH BILL NO. 10R-180, 6-1; CAMP, CARROLL, COOK,
HORNUNG, SNYDER, SPATZ ASSENTING; EMERY DISSENTING)
Fact Sheet (19K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
32) 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)
(PASSED, 7-0; #19420)
Fact Sheet (72K)
Attachment (69K)
33) 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.
(MTA #2 ADOPTED, 7-0; MTA #3 ADOPTED, 7-0;
PASSED AS AMENDED, 7-0; #19421)
Fact Sheet (71K)
34) 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.
(MTA #1 ADOPTED, 7-0; MTA #2 ADOPTED, 7-0;
PASSED AS AMENDED, 7-0; #19422)
Fact Sheet (62K)
PENDING LIST - DATE CERTAIN
35) 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)
(7/26/10 - Removed from Pending, to have
1st Reading 8/9/10)
Fact Sheet (1039K)
PENDING LIST (EXTENDED ONE WEEK)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
Fact Sheet (647K)
41) 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)
42) 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)
43) 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)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, AUGUST 9, 2010, AT 2:00 P.M.
(APPROVED, 7-0)
44) 10R-181 Approving the use of public right-of-way for
construction of a concrete veranda addition at
Vincenzo's Restaurant at 808 P Street.
Fact Sheet (12K)
Attachment (807K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTION WILL HAVE
PUBLIC HEARING ON MONDAY, AUGUST 9, 2010, AT 2:30 P.M.
(APPROVED, 7-0)
45) 10R-180 Adopting the 2010/11 City of Lincoln Annual
Operating Budget and Capital Improvement Program for
FY 2010/11 - 2015/16. (Action Date: 8/23/10)
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 AUGUST ARE THE 16TH AND
30TH.
ADJOURNMENT 3:50 P.M.
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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
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