City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 2, 2011 AT 3:00 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO MEETING THE WEEK OF MAY 30 DUE TO HOLIDAY
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) Resolution levying the special taxes assessed
for the costs of the improvements in the North
27th Street Maintenance Business Improvement
District. (ADOPTED, 7-0; A-86311)
2) Resolution levying the special taxes assessed
for the costs of the improvements in the
University Place Maintenance Business
Improvement District. (ADOPTED, 7-0; A-86312)
3) Resolution approving the City of Lincoln's
Investment Activity Report from the City
Treasurer for the First Quarter, Fiscal Year
2010-11. (ADOPTED, 7-0; A-86313)
4) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on April 18, 2011. (PLACED ON FILE)
5) Annual Report for the year 2010 prepared by City
Law Department dated April 1, 2011.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
6) Setting the hearing date of Monday, May 16, 2011
at 3:00 p.m. for the application of Blue Orchid,
LLC dba Blue Orchid for the addition of a
catering license to its Class I liquor license
located at 129 N. 10th Street, Suite 111.
(ADOPTED, 7-0; A-86314)
7) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Waiver No. 11004 to Final Plat No. 01035
approved by the Planning Director on April 20,
2011 requested by the Eiger Corporation to
extend the time for two years to install
sidewalks, street trees and landscape screening
for Appian Way Addition. The improvements shall
be completed by April 20, 2013. Also includes
any uninstalled street trees and landscaping
screening associated with Appian Way 4th, 7th,
10th, 11th, 12th and 13th Additions on property
generally located at S. 84th St. and Highway 2.
Waiver No. 11005 to Final Plat No. 04023
approved by the Planning Director on April 20,
2011 requested by Eiger Corporation to extend
the time for two years to install sidewalks and
street trees for Appian Way Regional Center
Phase II Addition. The improvements shall be
completed by April 20, 2013. Also includes any
uninstalled street trees and sidewalks
associated with Appian Way Regional Center Phase
II 1st, 3rd, 5th and 8th Additions on property
generally located at S. 84th St. and Highway 2.
8) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
9) Application of Pies & Pints LLC dba Pies & Pints
for a Class C liquor license at 311 North 8th
Street, Suite 1. (ADOPTED FOR APPROVAL, 7-0;
A-86315)
10) Manager application of Jason Ortmeier for Pies &
Pints LLC dba Pies & Pints at 311 North 8th
Street, Suite 1. (ADOPTED FOR APPROVAL, 7-0;
A-86316)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 11
THRU 14 HAD 2ND READING)
11) 11-45 Amending Chapter 26.11 of the Lincoln
Municipal Code relating to Procedures for
Processing Subdivisions by amending Section
26.11.039 to provide that a cash
contribution may be furnished for street
trees in lieu of a bond, escrow or security
agreement on all final plats, to provide
that no surety is required for sidewalks
along non-major streets abutting
residential lots, and to add clarity by
dividing subparagraph (g) into two sub-
paragraphs (g) and (h); and amending
Section 26.11.040 to provide that sidewalks
along non-major streets abutting non-residential
lots shall be installed prior to the City
issuing an occupancy permit or within
four years following plat approval whichever
occurs first and sidewalks along non-major
streets abutting residential lots shall be
installed prior to the City issuing an occupancy
permit, except under specified conditions, that
street trees along non-major streets shall be
installed within one year after the issuance of
an occupancy permit or within six years of final
plat approval, whichever occurs first, and to
provide that stormwater detention/retention
facilities shall be graded at the same time as
the overall site grading and that such grading
shall be completed prior to installation of
required water distribution, wastewater
collection, and street improvements and to
provide conditions which must be met for the
release of any surety to guarantee construction
of the stormwater detention/retention
facilities.
Fact Sheet (209K)
12) 11-49 Amending Title 17 of the Lincoln Municipal
Code relating to Water by adding a new
Section numbered 17.02.185 to provide a
definition for "lot"; amending Section
17.02.210 to revise the definition of
"master metered water service"; repealing
Sections 17.02.230, 17.02.240, and
17.02.260 to delete definitions of "mobile
home," "mobile home court," and "office
park," respectively; amending Section
17.02.180 to revise the definition of
"premises"; repealing Section 17.02.320 to
delete the definition of "shopping center";
amending Section 17.10.070 to change the
provisions requiring when permanent water
meters are to be installed; amending
Section 17.10.080 to change the
requirements of how water service to
specific lots is provided; amending Section
17.10.100 to require surveys when a
premises is supplied by two or more sources
of water; amending Section 17.18.006 to
change how the Water Service Manual may be
approved; amending Section 17.18.010 to
remove the notice requirement for making a
tap; amending Section 17.18.030 to change
the provisions related to the provision of
water services for newly constructed and
reconstructed premises; amending Section
17.18.080 to change provisions when surveys
are required; amending Section 17.18.090 to
change requirements related to backflow
prevention installations; amending Section
17.18.130 to allow multiple supply and
service pipes to a premises under certain
exceptions; and amending Section 17.18.160
to change repair and cost provisions
involving leaks from customer service
pipes.
Fact Sheet (16K)
Attachment (790K)
13) 11-50 Annexation No. 11002 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 18.36 acres of land generally
located at South 88th Street and Pioneers
Boulevard. (Related Items 11-50, 11-51)
Fact Sheet (926K)
Attachment (545K)
14) 11-51 Change of Zone No. 11002 - Application of
Himark Property, LLC, for a change of zone
from AG Agricultural District to R-3
Residential District on property generally
located at South 88th Street and Pioneers
Boulevard. (Related Items 11-50, 11-51)
Fact Sheet (632K)
PUBLIC HEARING - RESOLUTIONS
15) 11R-96 Approving a Contract Agreement between the City
and Burwood Group, Inc. for the annual
requirements for Websense Maintenance, pursuant
to Quote 3451, for a three-year term.
(ADOPTED, 7-0; A-86317)
Fact Sheet (105K)
Attachment (1130K)
16) 11R-97 Amending Resolution No. A-84590 to change the
portion of the Local Government Miscellaneous
Expenditures Policy regarding the Mayor's Award
of Excellence, including changes to the
committee member quorum, term of the committee
members, clarification of winner selection, and
to rearrange sections for clarity.
(ADOPTED, 7-0; A-86318)
Fact Sheet (90K)
17) 11R-98 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of April 1 - 15,
2011. (ADOPTED, 7-0; A-86319)
Fact Sheet (14K)
Attachment (22K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 18
THRU 25 HAD 1ST READING)
18) 11-52 Amending Section 2.76.395 of the Lincoln
Municipal Code relating to Vacation Leave
with Pay to provide that part-time and
unrepresented employees coincide with the
CIR order for "N" and "X" pay range
employees and making the changes
retroactively effective August 19, 2010.
Fact Sheet (88K)
19) 11-53 Amending Section 2.76.385 of the Lincoln
Municipal Code relating to Funeral Leave to
provide that part-time and unrepresented
employees coincide with the CIR order for
"N" and "X" pay range employees and making
the changes retroactively effective August
19, 2010.
Fact Sheet (91K)
20) 11-54 Amending Section 2.76.380 of the Lincoln
Municipal Code relating to Sick Leave with
Pay to provide that part-time and
unrepresented employees coincide with the
CIR order for "N" and "X" pay range
employees and making the changes
retroactively effective August 19, 2010.
Fact Sheet (92K)
21) 11-55 Amending Section 2.76.370 of the Lincoln
Municipal Code relating to Authorized
Holidays to provide that part-time and
unrepresented employees coincide with the
CIR order for "N" and "X" pay range
employees and making the changes
retroactively effective August 19, 2010.
Fact Sheet (88K)
22) 11-56 Amending Section 2.76.155 of the Lincoln
Municipal Code relating to Compensation
Plan; Longevity Pay to provide that part-
time and unrepresented employees coincide
with the CIR order for "N" and "X" pay
range employees and making the changes
retroactively effective August 19, 2010.
Fact Sheet (88K)
23) 11-57 Amending Section 2.76.153 of the Lincoln
Municipal Code relating to Compensation
Plan; Shift Differential to provide that
part-time employees coincide with the CIR
order for "N" and "X" pay range employees
and making the changes retroactively
effective August 19, 2010.
Fact Sheet (93K)
24) 11-58 Amending Section 2.54.040 of the Lincoln
Municipal Code relating to the Declarations
of Interest in City Contracts to rearrange
the provisions for purposes of organization
and clarity, and to exempt contracts of
$100 or less from the application of Section
2.54.040 and Neb. Rev. State. 49-14,103.01
to 49-14,103.03.
Fact Sheet (91K)
25) 11-59 Amending Chapter 5.56 of the Lincoln
Municipal Code entitled "Emergency Alarm
Systems" by amending Section 5.56.010,
Definitions, to revise, add and delete
definitions as they relate to the
interpretation and enforcement of this
chapter; amending Section 5.56.025 relating
to Alarm Business Permits to clarify which
alarm businesses are exempt from having to
obtain a permit, to eliminate the 60-day
grace period for obtaining a business
permit, to reduce the renewal fee to
$50.00, and to delete a grace period for
renewal after the license expires; amending
Section 5.56.030 relating to Alarm User
Permits to reduce fees for commercial users
to $40.00 and for residential users to
$25.00, to delete a two-tiered permit fee
structure, to remove the grace period for
renewal and to delete the 60-day grace
period before alarm users need to obtain
permits; amending Section 5.56.040, Alarm
User Response, to add the requirement
of enhanced verification and to allow
alarm businesses to call in alarms
from unpermitted users provided the
user's alarm system has been installed
with in 60 days of the call; amending
Section 5.56.050 relating to fees to
provide a $100.00 false alarm fee is
charged for the fourth through eighth
false alarms and that a $250.00 false
alarm fee is charged for false alarms beyond
the eighth; repealing Sections 5.56.060
(Automatic Dialing Devices) and 5.56.070
(Exception for Severely Handicapped) in their
entirety; and amending Section 5.56.080 to
change the criminal penalties for having an
unregistered alarm system or business to a
civil penalty.
Attachment (82K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
26) 11-43 Approving the lease agreement between the
City and Scott and Cindy Jensen for the
lease of office space by Aging Partners for
its Personal & Family Services Medicaid
Waiver program at 320 N. State Street,
Osceola, NE 68651 for a term of June 1,
2011 through May 31, 2012.
(PASSED, 7-0; #19529)
Fact Sheet (168K)
Attachment (124K)
27) 11-44 Change of Zone No. 11008 - Application of
Assurity Life Insurance Company for a
change of zone from B-4 Lincoln Center
Business District to B-4 Lincoln Center
Business District with a Special Sign
District designation, to allow an
additional freestanding sign, on property
generally located at 2000 Q Street.
(PASSED, 7-0; #19530)
Fact Sheet (1339K)
28) 11-46 Vacation No. 11004 - Vacating two portions
of old Pine Lake Road between South 84th
Street and South 91st Street.
(PASSED, 7-0; #19531)
Fact Sheet (662K)
Attachment (156K)
29) 11-47 Amending Ordinance No. 17366 passed June
29, 1998, and Ordinance No. 18214 passed
August 4, 2003, for the widening and
reconstruction of Old Cheney Road from
Nebraska Highway 2 to approximately 1,450
feet east of South 84th Street to remove
design requirements for raised medians and
right turn lanes.
(P.H. CON'T W/ACTION ON 5/9/11, 7-0)
Fact Sheet (19K)
Attachment (350K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
30) 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)
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 (13K)
32) 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)
33) 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)
34) 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)
35) 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)
Fact Sheet (1367K)
36) 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)
37) 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)
38) 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. (8/23/10 -
Reconsidered Ordinance No. 19430 - Placed on
Pending Indefinitely)
Fact Sheet (104K)
39) 11R-62 Comp. Plan Conformance 11001 - Approving an
amendment to the Lincoln Star Building
Redevelopment Project, in the Lincoln Center
Redevelopment Plan, to extend the project area
to include the M Street right-of-way from South
7th Street to South 17th Street to allow for
streetscape design and improvements. (3/21/11
- Action Delayed 1 wk. to 3/28/11) (3/28/11 -
Placed on Indefinite Pending)
Fact Sheet (1022K)
Attachment (1001K)
40) 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)
Fact Sheet (75K)
Motion To Amend (7K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MAY 9, 2011, AT 3:00 P.M.
(APPROVED, 7-0)
41) 11R-99 Reappointing Martha F. Brown, Sheryl Jordon and
Corine Simon to the Aging Partners Areawide
Advisory Council for terms expiring July 1,
2014.
42) 11R-100 Reappointing Jim Johnson to the Historic
Preservation Commission for a term expiring
April 15, 2014.
43) 11R-101 Appointing Liz Kuhlman to the Historic
Preservation Commission for a term expiring
April 15, 2014.
Attachment (210K)
44) 11R-102 Approving an Agreement between the City and BKD,
LLP for Auditing Services to the City of Lincoln
for the Fiscal Years ending August 31, 2011,
2012, 2013, and 2014.
Fact Sheet (87K)
Attachment (91K)
45) 11R-103 Approving Amendment No. 1 to the Grant Agreement
between the City of Lincoln, Nebraska and
Downtown Civic Ventures, Inc. to reduce the
grant funds from $100,000.00 to $50,000.00 and
to reduce the matching funds from $250,000.00 to
$170,000.00.
Fact Sheet (91K)
Attachment (69K)
46) 11R-105 Approving a Fiber and Conduit Sharing Agreement
between the City and the University of Nebraska
to provide a fiber optics data link in the
public right of way for the UNL Mid
America/Transportation Center at the Whittier
Building.
Fact Sheet (12K)
Attachment (1483K)
47) 11R-104 Special Permit No. 11005 - Appeal of Judy
and Jim Lerdahl from the conditional
approval allowing a domiciliary care
facility for up to 32 residents on property
generally located at South 27th Street and
Wilderness Hills Boulevard.
Fact Sheet (3589K)
48) 11R-106 Approving modifications to the structure and
operation of Emergency Medical Services, Inc. by
adopting Restated Articles of Incorporation of
the Lincoln/Lancaster County EMS Oversight
Authority, Inc. and By-Laws of the
Lincoln/Lancaster County EMS Oversight
Authority, Inc. to rename the organization and
reorganize the agency which will continue to
provide medical direction for services, to
prepare written standards of treatment and
emergency medical care, to recommend dispatch
and treatment protocols, to provide quality
assessment programs and review, and to make
recommendations for improvements to the
emergency medical care system.
Fact Sheet (102K)
Attachment (34K)
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 MAY ARE THE
9TH AND 23RD.
ADJOURNMENT 4:16 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