City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 9, 2011 AT 3:00 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO COUNCIL MEETING THE WEEK OF
MAY 30 DUE TO THE HOLIDAY
RE-ELECTED MAYOR CHRIS BEUTLER WAS ADMINISTERED THE OATH OF OFFICE.
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF APRIL WAS
PRESENTED TO CAPTAIN JEFFREY HATCHER OF THE LINCOLN FIRE AND
RESCUE DEPARTMENT FOR THE CATEGORIES OF CUSTOMER RELATIONS,
LOSS PREVENTION, PRODUCTIVITY AND SAFETY.
PRESENTATION OF AWARD TO DAVID LANDIS, DIRECTOR
URBAN DEVELOPMENT DEPARTMENT BY NPZA & NE CHAPTER APA
FOR HIS PAST AND PRESENT WORK WITH PLANNING AND ZONING
PROJECTS.
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) 11R-99 Reappointing Martha F. Brown, Sheryl Jordon and
Corine Simon to the Aging Partners Areawide
Advisory Council for terms expiring July 1, 2014.
(ADOPTED, 7-0; A-86320)
2) 11R-100 Reappointing Jim Johnson to the Historic
Preservation Commission for a term expiring April
15, 2014. (ADOPTED, 7-0; A-86321)
3) 11R-101 Appointing Liz Kuhlman to the Historic
Preservation Commission for a term expiring April
15, 2014.(ADOPTED, 7-0; A-86322)
4) 11R-113 Resolution instructing the City Clerk to give five
days' notice by publication according to law that
the City Council will, at a regular meeting to be
held on the 23rd day of May, 2010, assess
against the benefitted properties the cost of snow
and ice removal incurred by the City of Lincoln
for the 2010-2011 winter season.(ADOPTED, 7-0;
A-86323)
5) Clerk's Letter and Mayor's Approval of
Ordinances and Resolutions passed by Council
on April 25, 2011. (PLACED ON FILE)
6) Report from City Treasurer of Cash on Hand at the
close of business March 31, 2011. (PLACED ON
FILE)
PETITIONS & COMMUNICATIONS
7) PLACED ON FILE IN THE CITY CLERK'S OFFICE:
Administrative Amendment No. 11013 to Special
Permit No. 1722, Pioneer Greens Community Unit
Plan, approved by the Planning Director on April
26, 2011, requested by Louie Buller, to adjust the
rear setback for Lots 71-81, Block 2 to 18 feet as
indicated by the addition of General Note #26 to
the site plan, on property generally located at S.
84th St. and Mandarin Dr.
Waiver No. 10027 to Final Plat No. 04002,
approved by the Planning Director on April 27,
2011, requested by Olsson Associates, to extend
the time for two years to install sidewalks,
landscape screen and street trees for Pinecrest
Addition. The improvements shall be completed by
April 27, 2013. Property is generally located at
N. 14th St. and Morton St.
Waiver No. 10028 to Final Plat No. 05039,
approved by the Planning Director on April 27,
2011, requested by Olsson Associates, to extend
the time for two years to install sidewalks,
street trees, storm water detention and pedestrian
sidewalk for Pinecrest 1st Addition. The
improvements shall be completed by April 27, 2013.
Property is generally located at N. 14th
St. and Morton St.
Administrative Amendment No. 11011 to Special
Permit No. 241, approved by the Planning
Director on May 2, 2011, requested by ESP Inc., to
revise the boundary of the mobile home court on
property generally located north of the 3800 block
of Cornhusker Hwy.
Administrative Amendment No. 11014 to Special
Permit No. 605, Tierra West Community Unit
Plan, approved by the Planning Director on May 2,
2011, requested by Travis Laird, to encroach into
the rear yard two feet, creating an 18 foot rear
yard setback instead of the required 20 foot rear
yard setback. This setback adjustment is to allow
for an addition to an existing residence. This
lot backs on to open space which is owned by the
City and is in the floodplain. Property is
generally located in the 3100 block of Stephanos
Dr., east of S. 27th St. and Tierra Dr.
8) REFERRED TO PLANNING DEPARTMENT:
Change of Zone No. 08057A, requested by Paul
Marshall for an amendment to the University Place
Planned Unit Development to allow for the
consumption of alcohol on the premises generally
located at N. 48th Street and St. Paul
Avenue and for approval of a modification of the
development plan which modifies the standards of
the underlying zoning district, subdivision
ordinance and design standards.
Special Permit No. 11008, requested by John
Rutledge, for the expansion of a nonstandard use
to allow an existing single story addition in the
front yard setback to be replaced by a two story
addition in the same general footprint on property
generally located at the northwest corner of S.
36th Street and Laura Avene (635 S.
36th Street). The Planning Commission
action is final action, unless appealed to the
City Council.
Special Permit No. 11009, requested by New
Cingular Wireless PCS, LLC, for an approximately
145' tall personal wireless facility with a waiver
to the fall zone on property generally located at
Rosa Parks Way and Homestead Expressway. The
Planning Commission action is final action, unless
appealed to the City Council.
9) Setting Hearing Date of Monday, June 6, 2011 at
3:00 p.m. for Application of Whitehead Oil Company
dba U-Stop #18 for a Class D liquor license
located at 110 W. O Street. (ADOPTED FOR APPROVAL,
7-0; A-86324)
10) Setting Hearing Date of Monday, June 6, 2011 at
3:00 p.m. for Application of Whitehead Oil Company
dba U-Stop #3 for a Class B liquor license located
at 610 S. 10th Street. (ADOPTED FOR APPROVAL,
7-0; A-86325)
11) Setting Hearing Date of Monday, June 6, 2011 at
3:00 p.m. for Application of Whitehead Oil Company
dba U-Stop #4 for a Class D liquor license located
at 6600 N. 84th Street. (ADOPTED FOR APPROVAL,
7-0; A-86326)
12) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 13 THRU 20 HAD 2ND READINGS)
13) 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)
14) 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)
15) 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)
16) 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)
17) 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)
18) 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)
19) 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)
20) 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 fee
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 within 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 eight 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)
PUBLIC HEARING - RESOLUTIONS
21) 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. (ADOPTED, 7-0; A-86327)
Fact Sheet (87K)
Attachment (91K)
22) 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.
(ADOPTED, 7-0; A-86328)
Fact Sheet (91K)
Attachment (69K)
23) 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.(ADOPTED, 7-0; A-86329)
Fact Sheet (12K)
Attachment (1483K)
24) 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.(ACTION DELAYED
ONE WEEK TO 5/16/11, 7-0)
Fact Sheet (3589K)
25) 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. (ACTION DELAYED
ONE WEEK TO 5/16/11, 7-0)
Fact Sheet (102K)
Attachment (34K)
PUBLIC HEARING
ORDINANCES -3RD READING
26) 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. (5/2/11 - Action delayed 1 wk w/P.H.
on 5/9/11)(PLACED ON INDEFINITE PENDING, 7-0)
Fact Sheet (19K)
Attachment (350K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
NONE
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
27) 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
subparagraphs (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.
(PASSED, 7-0; #19532)
Fact Sheet (209K)
28) 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.(PASSED, 7-0; #19533)
Fact Sheet (16K)
Attachment (790K)
29) 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)(PASSED, 7-0; #19534)
Fact Sheet (926K)
Attachment (545K)
30) 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)
(PASSED, 7-0; #19535)
Fact Sheet (632K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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 16, 2011, AT 3:00 P.M.
(APPROVED EXCEPT ITEM 46, 6-0; EMERY ABSENT)
42) 11R-107 Reappointing Andrew Barry and Keelan Chapman to
the Parks and Recreation Advisory Board for one
year terms expiring on June 1, 2012.
43) 11R-108 Reappointing Molly Brummond to the Parks and
Recreation Advisory Board for a term expiring June
27, 2014 and reappointing Susan Deitchler, Todd
Fitzgerald, Anne B. Pagel, Dennis Scheer, and
Jeffrey E. Schwebke to the Parks and Recreation
Advisory Board for terms expiring April 27, 2014.
44) 11R-109 Appointing Dr. Pearl Van Zandt to the Mayor's
Multicultural Advisory Committee for a term
expiring September 18, 2011.
Attachment (440K)
45) 11R-110 Appointing Jane Raybould to the Parks and
Recreation Advisory Board for a term expiring
January 1, 2012.
Attachment (93K)
46) 11R-112 Appointing Dr. Sarah Cada, April Rimpley, Kyle
Michaelis and Mark Hunzeker to the
Lincoln/Lancaster County EMS Oversight Authority,
Inc. for four-year terms to expire on May 16,
2015. (INTRODUCTION SUSPENDED ONE WEEK TO 5/16/11)
Attachment (295K)
47) 11R-111 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of April 16 -30,
2011.
Fact Sheet (14K)
Attachment (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 MAY ARE THE 9TH AND 23RD.
ADJOURNMENT 6:15 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