City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 16, 2010 AT 3:00 P.M.
PROCLAMATION BY MAYOR CHRIS BEUTLER RECOGNIZING
THE STAFF OF THE SPECIAL OLYMPICS 2010 USA NATIONAL GAMES
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) 10R-174 Reappointing Ruth Jones to the City
Personnel Board for a term expiring June 22, 2015.
(ADOPTED, 7-0; A-85952)
2) Clerk's Letter and Mayor's Approval of
Ordinances and Resolutions passed by Council on
August 2, 2010. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
3) THE FOLLOWING HAVE BEEN PLACED ON FILE IN THE
OFFICE OF THE CITY CLERK:
Administrative Amendment No. 10041 to Special
Permit No. 09029, Springs at Heritage Lakes
Community Unit Plan, approved by the Planning
Director on August 5, 2010, requested by Continental
206 Fund, LLC, to revise the site layout to show the
development over one lot instead of two and to
eliminate the internal common access easement, on
property generally located near S. 91st
Street and Heritage Lakes Drive.
Administrative Amendment No. 10047 to Use Permit
No. 117C, Horizon Business Center, approved by the
Planning Director on August 5, 2010, requested by
Alan Schroeder, to add the use of "storage garage"
to the approved 43,600 square feet of mini-warehouse
area on Lot 37 of the Horizon Business Center Use
Permit, on property generally located at S.
14th Street and Infinity Court.
Administrative Amendment No. 10032 to Use Permit
No. 150B, Appian Way Regional Shopping Center Phase
II, to revise the Land Use Table for Lot 1, Block 4,
to show one-half the allocated floor area as office
and one-half the allocated floor area as medical
office and amending the trip generation calculations
accordingly, on property generally located near S.
84th Street and Highway 2.
4) THE FOLLOWING HAS BEEN REFERRED TO THE PLANNING
DEPT.:
Special Permit 10029 - Application of Douglas
Oxley to allow an indoor animal hospital generally
located on the northwest corner of S. 48th Street
and Normal Boulevard.
5) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
6) Application of Jo Mar Inc. dba The Still for a
special designated license covering an area
approximately 100 feet by 120 feet in the front
parking lot at 6820 South 70th Street on August 28,
2010 from 4:00 p.m. to 10:00 p.m. (ADOPTED FOR
APPROVAL, 7-0; A-85953)
7) Application of Trader Joe's Company dba Trader Joe's
#722 for a Class C liquor license at 3120 Pine Lake
Road, Suite R.(ADOPTED FOR APPROVAL, 7-0;A-85954)
8) Manager application of Joseph T. English for Trader
Joe's Company dba Trader Joe's #722 at 3120 Pine
Lake Road, Suite R. (ADOPTED FOR APPROVAL, 7-0;
A-85955)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 9 THRU 13 HAD 2ND READING; SEE ITEMS #9 & #10)
9) 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) (CONT. PUBLIC HEARING ONE WEEK
TO 8/23/10 W/ACTION 8/30/10, 7-0)
Attachment (17K)
10) 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)
(CONT. PUBLIC HEARING ONE WEEK TO 8/23/10
W/ACTION 8/30/10, 7-0)
Fact Sheet (1039K)
11) 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)
12) 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)
13) 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)
PUBLIC HEARING - RESOLUTIONS
14) 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.
(ADOPTED, 7-0; A-85956)
Fact Sheet (123K)
Attachment (1864K)
15) 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.
(ADOPTED, 7-0; A-85957)
Fact Sheet (14K)
Attachment (20K)
16) 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.(ADOPTED, 7-0; A-85958)
Fact Sheet (84K)
Attachment (954K)
17) 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.
(ADOPTED, 7-0; A-85959)
Fact Sheet (136K)
Attachment (6729K)
18) 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.(ADOPTED, 7-0; A-85960)
Fact Sheet (13K)
Attachment (255K)
19) 10R-188 Approving the labor contract between the City and
the Amalgamated Transit Union for a two year term
effective August 19, 2010. (ADOPTED, 7-0; A-85961)
Fact Sheet (90K)
Attachment (164K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 20 THRU 27 HAD 1ST READING)
20) 10-108 Vacation 09006 - Vacating North 14th Street from the
south right-of-way line of New Hampshire to the
north line of the railroad right-of-way.
Fact Sheet (553K)
21) 10-109 Vacation 10010 - Vacating a portion of the east-west
alley abutting Lots 4-9, Block 30, Original Lincoln,
and the east 18 feet of North 8th Street abutting
said alley, generally located between Q and R
Streets and 8th and 9th Streets.
Fact Sheet (660K)
22) 10-110 Approving a lease agreement between the City and the
Village of Firth for the lease of space by Aging
Partners for its Senior Center Program at 311 Nemaha
Street, Firth, Nebraska from September 1, 2010 to
August 31, 2011.
Fact Sheet (169K)
Attachment (95K)
23) 10-111 Approving a lease agreement between the City and the
Panama Caf‚ for the lease of space by Aging Partners
for its Senior Center Program at 310 Locust Street,
Panama, Nebraska from September 1, 2010 to August
31, 2011.
Fact Sheet (167K)
Attachment (110K)
24) 10-112 Approving a lease agreement between the City and the
American Legion Post #280 for the lease of space by
Aging Partners for its Senior Center Program at 970
Monroe, Bennet, Nebraska from September 1, 2010 to
August 31, 2011.
Fact Sheet (167K)
Attachment (95K)
25) 10-113 Amending the Lincoln Municipal Code to update
Chapter 10.26 due to changes associated with street
names, roadway removals, proposed arterial additions
and proposed removal of existing arterial street
status.
Fact Sheet (12K)
Attachment (948K)
26) 10-114 Approving the transfer of unspent and unencumbered
appropriations and cash (if any) between certain
capital improvement projects within the Street
Construction Fund for the Public Works & Utilities
Department and within the Capitol Projects Fund for
the Parks & Recreation Department.
Fact Sheet (12K)
27) 10-115 Vacation 10003 - Vacating the west 34 feet of South
29th Street from the north line of Washington Street
to the south line of the east-west alley between
Washington Street and A Street.
Fact Sheet (926K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
28) 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)(ADOPTED, 7-0; A-85962)
Attachment (80K)
29) 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)(PASSED, 7-0; #19428)
Fact Sheet (797K)
Attachment (253K)
30) 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)(PASSED, 7-0; #19429)
Fact Sheet (771K)
31) 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.(PASSED, 7-0; #19430)
Fact Sheet (104K)
32) 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.(PASSED, 7-0; #19431)
Fact Sheet (106K)
Attachment (3000K)
33) 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.)(PASSED, 7-0; #19432)
Fact Sheet (92K)
34) 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.) (PASSED, 7-0; #19433)
Fact Sheet (19K)
PENDING LIST - DATE CERTAIN
35) 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.
(8/9/10-To have 2nd Reading/P.H. on
8/23/10 w/Action on 8/30/10)
Fact Sheet (100K)
36) 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)
PENDING LIST (EXTENDED ONE WEEK)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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 23, 2010, AT 3:00 P.M.
(APPROVED, 7-0)
45) 10R-191 Directing the submission of a proposed general
obligation bond issue for construction of
improvements to the City's storm sewer and drainage
system at the November 2, 2010, City general
election.
Fact Sheet (13K)
46) 10R-198 Directing submittal to the qualified electors of the
City a proposed Charter amendment amending Article
IX, relating to Finance and Taxation, by adding a
new Section 26.a to allow the City to establish and
adopt a biennial budget.
Fact Sheet (17K)
47) 10R-186 Approving Contract Agreements between the City and
Anixter, Inc. and Communication Services, Inc. for
the annual requirements for Fiber Optic Material,
pursuant to Bid No. 10-095, for two-year terms with
option to renew for two additional one-year terms.
Fact Sheet (157K)
Attachment (2784K)
48) 10R-192 Approving Contract Agreements between the City and
Badger Meter, Inc. for the annual supply for Cold
Water Meters, 5/8" to 2" with Automated Meter
Reading ERT Modules, pursuant to Bid No. 10-128, for
a two-year term with the option to renew for one
additional two-year term.
Fact Sheet (114K)
Attachment (3393K)
49) 10R-193 Approving the 2010-11 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 (12K)
Attachment (253K)
50) 10R-194 Approving the labor contract between the City and
the Lincoln City Employees Association for a two
year term effective August 19, 2010.
Fact Sheet (89K)
Attachment (2169K)
51) 10R-195 Approving a new schedule for water use charges for
fiscal year 2010-2011.
Fact Sheet (13K)
52) 10R-196 Approving a new schedule for wastewater use charges
for fiscal year 2010-2011.
Fact Sheet (13K)
53) 10R-197 Approving a schedule of fees the City may charge for
ambulance service.
Fact Sheet (199K)
Attachment (7K)
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 4:02 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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