City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 9, 2010 AT 2:00 P.M.
ALL MEMBERS PRESENT EXCEPT SNYDER
PUBLIC HEARING ON THE 1 & 6 YEAR STREET & HIGHWAY PROGRAM
THE 2010/2011 MAYOR'S RECOMMENDED ANNUAL OPERATING BUDGET &
CAPITAL IMPROVEMENT PROGRAM FY 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
1) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on July
26, 2010. (PLACED ON FILE)
2) Report from City Treasurer of franchise tax for the
month of June, 2010 from Black Hills/Nebraska Gas
Utility Co., LLC. (PLACED ON FILE)
3) Lincoln Water & Wastewater System Recapitulation of
Daily Cash Receipts for the month of July, 2010.
(PLACED ON FILE)
4) Report from City Treasurer of E911 surcharge for
2nd Quarter 2010: ACN Communication
Services; May 2010: Charter Fiberlink -
Nebraska, LLC; June 2010: ACN Communication
Services, AT&T Communications of Midwest, Budget
Prepay, Comtel Telcom Assets, 8x8, Inc., Granite
Telecommunications LLC, iNetworks Group, Inc., Level
3 Communications, Qwest, TWC Digital Phone, Vonage
America. (PLACED ON FILE)
5) Report from City Treasurer of Telecommunications
Occupation Tax for April 2010: MegaPath;
2nd Quarter 2010: AmeriVision, Cause Based,
ComTech 21, Digizip.com, Enhanced, iNetworks
Group, NECC Telecom, Opex, Orbit, PNG
Telecommunications, T-Mobile Central; May
2010: ACN Communications, Alltel Comm of NE,
AT&T Comm. of Midwest, Broadband Dynamics,
Broadwing, Business Telecom, Cellco Partnership,
Cincinnati Bell Any Distance, Covista, Cricket
Communications, CTI Long Distance, DCT Telecom
Group, Global Crossing Telecommunications,
GlobalStar USA, Granite, IBM Global, Intellicall
Operator, KDDI America, McLeodUSA, Nebraska
Technology, New Cingular Wireless, New Edge Network,
Omaha Cellular, OnStar LLC, Primus, Public Comm.
Services, Qwest Communications, Sioux City MSA, TCG
Omaha, Telecorp, TON Services, TracFone Wireless,
Trans National, TWC Digital Phone, UCN, USCOC of
Greater Iowa, USCOC of Nebraska/Kansas, Verizon
Wireless, Virgin Mobile USA, VoiceCom, Working
Assets Funding Service, WWC License, XO
Communications; June 2009: ATS Mobile Telephone,
BT Americas, Covista, D&D Communications,
DCT Telecom Group, 800 Response, Enhanced, First
Communications, Globalcom, Grasshopper Group, IBFA,
Lightyear Network, MCI, Nextel West Corp, Norlight,
NOS Communications, NOSVA Limited Partnership,
Novega Venture Partners, NPCR, SBC Long Distance,
Shaffer Communications, Sprint Communication
Company, Sprint Spectrum, Telecom Management,
360networks, Total Holdings, Tri-M Comm, TSG Global,
Unite Private, Wholesale Carrier Services,
Windstream Nebraska, Yestel USA, Zone Telecom.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
6) Setting the hearing date of Monday, August 23, 2010
at 3:00 p.m. for the Application of Nebraska Fresh-
Mex, LLC dba Qdoba Mexican Grill for a Class I
liquor license located at 211 N. 12th Street.
(ADOPTED, 5-0; CAMP, CARROLL, COOK, EMERY,
SPATZ ASSENTING; HORNUNG ABSENT; A-85950)
7) THE FOLLOWING HAVE BEEN PLACED ON FILE IN THE OFFICE
OF THE CITY CLERK:
Administrative Amendment No. 10016 to Special
Permit No. 09022 Wilderness Place Planned Service
Commercial approved by the Planning Director on July
27, 2010 requested by Engineering Design
Consultants, LLC to reduce the 100 foot setback for
certain uses along the east property lines to a 50
foot green space with additional landscaping on the
corner between the driveway on Crescent Drive and
the driveway on S. 33rd Street per the submitted
landscape plan. This plan retains the use
restriction that no convenience store, gas pumps,
fast food restaurants and car washes are permitted
on the eastern half of Lot 1 unless they are
incidental and accessory to the auto dealership.
This property is generally located on the southwest
corner at S. 33rd Street and Yankee Hill Road.
8) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 9 THRU 13
HAD 2ND READING)
9) 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)
Attachment (80K)
10) 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)
11) 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)
12) 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)
13) 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)
PUBLIC HEARING - RESOLUTIONS
14) 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.
(ADOPTED, 5-0; CARROLL, COOK, EMERY, HORNUNG,
SPATZ ASSENTING; CAMP ABSTAINING; A-85951)
Fact Sheet (12K)
Attachment (807K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 15 THRU 20
HAD 1ST READING, SEE ITEM 20)
15) 10R-183 Approving the 98th and Holdrege Conditional Zoning
Agreement between M. Kent and Marsha Prior and the
City of Lincoln regarding a change of zone from AG
Agricultural to AGR Agricultural Residential to
allow three single family dwelling lots, one outlot,
and a build through plan for future urbanization on
property generally located at 98th Street and
Holdrege Street. (Related Items: 10R-183, 10-86)
(Action Date: 8/23/10)
Attachment (17K)
16) 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) (Related Items:
10R-183, 10-86) (Action Date: 8/23/10)
Fact Sheet (1039K)
17) 10-84 Vacation 10006 - Vacating multiple streets and
alleys for the West Haymarket Redevelopment
Area, generally located at approximately North
3rd Street to North 7th Street from S Street to
U Street, and South 5th Street and North 5th
Street from L Street to T Street.
Fact Sheet (2730K)
18) 10-85 Vacation 10007 - Vacating J Street from
approximately South 2nd Street to 100 feet east
of the east right-of-way line of South 3rd
Street, and vacating South 2nd Street from
approximately the north right-of-way line of J
Street to 143 feet south of the south right-of-
way line of J Street.
Fact Sheet (626K)
Attachment (565K)
19) 10-106 Change of Zone 10015 - Amending Title 27 of the
Lincoln Municipal Code relating to Zoning by
amending Section 27.41.040 to allow any permitted
use which exceeds the maximum height permitted in
the H-2 Highway Business District to be allowed as a
special permitted use in said district; amending
Section 27.43.040 to allow any permitted use which
exceeds the maximum height permitted in the H-3
Highway Commercial District to be allowed as a
special permitted use in said district; and amending
Section 27.63.250 to provide that a permitted use
exceeding the maximum height permitted in the
district may be allowed in the H-2 and H-3 zoning
districts by a special permit.
Fact Sheet (901K)
20) 10-107 Amending Section 5.04.130 of the Lincoln Municipal
Code to change the times during which the sale and
dispensing of alcoholic liquor is prohibited,
requiring an internal review and providing for an
effective date of 6:00 a.m. on September 10, 2010.
(TO HAVE 2ND READING & P.H. ON 8/23/10 W/ACTION
ON 8/30/10, 5-1; CAMP, CARROLL, COOK, EMERY,
SPATZ ASSENTING; HORNUNG DISSENTING)
Fact Sheet (100K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
21) 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. (MTA #1 ADOPTED, 5-1; CAMP, CARROLL,
COOK, EMERY, SPATZ ASSENTING; HORNUNG DISSENTING;
PASSED AS AMENDED, 6-0; #19423)
Fact Sheet (14K)
Motion To Amend (7K)
22) 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".
(PASSED, 6-0; #19424)
Fact Sheet (137K)
Attachment (417K)
23) 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. (PASSED, 6-0; #19425)
Fact Sheet (137K)
24) 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.
(PASSED, 6-0; #19426)
Fact Sheet (137K)
25) 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.
(PASSED, 6-0; #19427)
Fact Sheet (138K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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 16, 2010, AT 3:00 P.M.
(APPROVED, 6-0)
34) 10R-174 Reappointing Ruth Jones to the City Personnel Board
for a term expiring June 22, 2015.
35) 10R-187 Approving a Contract Agreement between the City and
Security Equipment - Lincoln for the annual
requirements for Security Alarm System Services,
pursuant to Quote 3060, for a four-year term.
Fact Sheet (123K)
Attachment (1864K)
36) 10R-189 Accepting the report of new and pending claims
against the City and approving disposition of claims
set forth for the period of July 16 - 31, 2010.
Fact Sheet (14K)
Attachment (20K)
37) 10R-184 Approving and accepting a Grant Award Notification
from the Nebraska Department of Health and Human
Services to the City of Lincoln on behalf of the
Lincoln-Lancaster County Health Department for the
Mobilizing for Action Through Planning and
Partnerships Program for a term of July 1, 2010
through December 31, 2011 in the amount of
$15,000.00.
Fact Sheet (84K)
Attachment (954K)
38) 10R-190 Approving Memorandums of Understanding between the
City of Lincoln and 12 community partner agencies
and organizations for assignment of AmeriCorps
members associated with the Recovery-Go Green
Initiative AmeriCorps Project sponsored by the Parks
and Recreation Department for a 15-month program
funded through a federal AmeriCorps Program grant.
Fact Sheet (136K)
Attachment (6729K)
39) 10R-185 Approving a supplemental agreement between the City
and the State of Nebraska Department of Roads to
modify agreement language for project letting by
NDOR and invoice procedures as well as add language
to described duties and assurances of a Responsible
Charge person for the Antelope Valley South Street
bridge project.
Fact Sheet (13K)
Attachment (6K)
40) 10R-188 Approving the labor contract between the City and
the Amalgamated Transit Union for a two year term
effective August 19, 2010.
Fact Sheet (90K)
Attachment (164K)
PUBLIC HEARING ON THE FOLLOWING RESOLUTION & ORDINANCES
WILL BEGIN AT 2:30 P.M.
41) 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)
42) 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.
(8/2/10 - To have 2nd Reading & P.H.
w/city budget at 2:30 p.m.)
Fact Sheet (92K)
43) 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 to provide that the Chief of Police and
the Director of Urban Development shall be
accountable for any fees collected relating to
impounded vehicles. (8/2/10 - To have 2nd
Reading & P.H. w/city budget at 2:30 p.m.)
Fact Sheet (19K)
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 7:23 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
***