City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
CURRENT CITY COUNCIL
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 16, 2011 AT 3:00 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO COUNCIL MEETING THE WEEK OF
MAY 30 DUE TO THE 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) 11R-107 Reappointing Andrew Barry and Keelan Chapman to
the Parks and Recreation Advisory Board for one
year terms expiring on June 1, 2012.
(ADOPTED, 7-0; A-86330)
2) 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. (ADOPTED, 7-0; A-86331)
3) 11R-109 Appointing Dr. Pearl Van Zandt to the Mayor's
Multicultural Advisory Committee for a term
expiring September 18, 2011. (ADOPTED, 7-0;
A-86332)
Attachment (440K)
4) 11R-110 Appointing Jane Raybould to the Parks and
Recreation Advisory Board for a term expiring
January 1, 2012. (ADOPTED, 7-0; A-86333)
Attachment (93K)
PETITIONS & COMMUNICATIONS
NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
5) Application of Blue Orchid LLC dba Blue Orchid
for the addition of a catering license to its
Class I liquor license at 129 North 10th Street,
#111. (ADOPTED FOR APPROVAL, 7-0; A-86334)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
6) 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. (AMENDED TO REMOVE NED SHARP CLAIM, 7-0;
ADOPTED AS AMENDED, 7-0; A-86335)
Fact Sheet (14K)
Attachment (19K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
7) 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.
(PASSED, 7-0; #19536)
Fact Sheet (88K)
8) 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. (PASSED, 7-0; #19537)
Fact Sheet (91K)
9) 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.
(PASSED, 7-0; #19538)
Fact Sheet (92K)
10) 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.
(PASSED, 7-0; #19539)
Fact Sheet (88K)
11) 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.
(PASSED, 7-0; #19540)
Fact Sheet (88K)
12) 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.
(PASSED, 7-0; #19541)
Fact Sheet (93K)
13) 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. (PASSED, 7-0; #19542)
Fact Sheet (91K)
14) 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 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.
(MTA #4 ADOPTED, 7-0; MTA #2 ADOPTED, 7-0;
PASSED AS AMENDED, 7-0; #19543)
Attachment (82K)
Motion To Amend 1 (6K)
Motion To Amend 2 (7K)
Motion To Amend 4 (7K)
RESOLUTIONS - ACTION ONLY
15) 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. (5/9/11 -
Action Delayed 1 wk to 5/16/11)
(ACTION DELAYED ONE WEEK TO 5/23/11, 7-0)
Fact Sheet (3589K)
16) 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. (5/9/11 -
Action Delayed 1 wk to 5/16/11)
(ADOPTED, 7-0; A-86336)
Fact Sheet (102K)
Attachment (34K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
17) 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)
18) 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)
19) 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)
20) 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)
21) 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)
22) 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)
23) 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)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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) (5/9/11 -
Placed on Indefinite Pending)
Fact Sheet (19K)
Attachment (350K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MAY 23, 2011, AT 5:30 P.M.
(APPROVED, 7-0)
29) 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. (5/9/11 - Introduction
suspended 1 wk to 5/16/11)
Attachment (295K)
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 3:20 P.M.
NEWLY ELECTED & RE-ELECTED CITY COUNCIL
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 16, 2011 AT 3:00 P.M.
(Immediately following the Adjournment of the Current City Council)
ALL MEMBERS PRESENT
OATH OF OFFICE - NEWLY ELECTED COUNCIL MEMBER CARL ESKRIDGE
OATH OF OFFICE - RE-ELECTED COUNCIL MEMBERS
JON CAMP, JONATHAN COOK, DOUG EMERY
COUNCIL CHAIR (ACTING MAYOR) JOHN SPATZ CALLS THE MEETING TO
ORDER AND CONDUCTS ELECTION OF COUNCIL CHAIRPERSON (Calls
for Nominations from Council Members) - (EUGENE CARROLL ELECTED
AS COUNCIL CHAIR, 7-0)
CHAIRPERSON CONDUCTS ELECTION OF VICE CHAIR (Calls for
Nominations from Council Members) - (ADAM HORNUNG ELECTED
AS VICE CHAIR, 7-0)
PUBLIC HEARING - RESOLUTIONS
1) 11R-121 A resolution in appreciation of John Spatz for
his service to the City as a member of the City
Council. (ADOPTED, 7-0; A-86337)
- CONSENT AGENDA -
REPORTS OF CITY OFFICERS
2) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
March 31, 2011. (ADOPTED, 7-0; A-86338)
3) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on May 2, 2011. (PLACED ON FILE)
4) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on May 9, 2011. (PLACED ON FILE)
5) Report from City Treasurer of franchise tax for
the months of January, February and March 2011
from Black Hills/Nebraska Gas Utility Co., LLC.
(PLACED ON FILE)
6) Report from the City Treasurer of quarterly
franchise tax for the period ending December 31,
2010 from Time Warner Cable. (PLACED ON FILE)
7) Report from City Treasurer of E911 surcharge for
4th Quarter 2010: ACN Communication
Services, TWC Digital Phone, Windstream;
December 2010: Charter Fiberlink -
Nebraska, LLC, Granite Telecomm., Level 3 Comm.;
1st Quarter 2011: ACN Comm. Services,
Airespring, Inc.; January 2011: 8x8, Inc.;
ACN Comm., AT&T Comm. of Midwest; Budget Prepay,
Charter Fiberlink - Nebraska, LLC, Granite
Telecomm., iNetworks Group, Level 3 Comm.,
Qwest Comm., Staples, TWC Digital Phone,
Vonage America; February 2011: 8x8, Inc.,
ACN Comm., AT&T Comm. of Midwest, Budget Prepay,
Charter Fiberlink - Nebraska, LLC, Granite Telecomm.,
iNetworks Group, Level 3 Comm., Qwest Comm.,
TWC Digital Phone, Vonage America;
March 2011: 8x8, Inc., ACN Comm.
Services, AT&T Comm. of Midwest, Budget
Prepay, Granite Telecomm., iNetworks
Group, Level 3 Comm., Qwest Comm., TWC Digital
Phone, Vonage America. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
8) Informal petition to create a paving district on
North 36th Street from Gladstone to Hartley
Streets submitted by R. Michael Ayars of Ayars &
Ayars, Inc. (REFERRED TO PUBLIC WORKS DEPT.
ON 5/09/11)
9) MISCELLANEOUS REFERRALS - NONE
-END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 10
THRU 18 HAD 1ST READING)
10) 11-60 Amending Chapter 8.32 of the Lincoln
Municipal Code relating to Solid Wastes by
amending Section 8.32.010 to add the
definition of "dwelling"; adding a new
section numbered 8.32.205, Garbage Service
to be Provided, and amending Sections
8.32.210 and 8.32.220 to require garbage
service for every dwelling in the city.
Fact Sheet (141K)
11) 11R-116 Approving the U.S. Hwy. 34 & West Fletcher
Avenue Conditional Zoning Agreement between the
City of Lincoln and Par 5 Partners, LLC for a
change of zone from R-3 Residential District,
O-2 Suburban Office District and AG Agriculture
District to I-2 Industrial Park District and to
control access to West Fletcher Avenue, on
property generally located at Highway 34 and
West Fletcher Avenue. (Related Items: 11R-116,
11-61) (Action Date: 6/6/11)
Attachment (13K)
12) 11-61 Change of Zone No. 10028 - Application of
Par 5 Partners, LLC, for a change of zone
from O-2 Suburban Office District, R-3
Residential District and AG Agriculture
District to I-2 Industrial Park District on
property generally located at US Highway 34
and West Fletcher Ave. (Related Items:
11R-116, 11-61) (Action Date: 6/6/11)
Fact Sheet (516K)
13) 11-62 Change of Zone No. 11010 - Application of
John McArthur for a change of zone from H-3
Highway Commercial District to I-1
Industrial District on property generally
located at North 39th Street and Cornhusker
Highway.
Fact Sheet (513K)
14) 11-63 Change of Zone No. 11011 - Amending Title
27 of the Lincoln Municipal Code to allow
Agricultural Attractions in the AG
Agriculture District by amending Chapter
27.03 to add a new section numbered
27.03.043 to define "Agricultural
Attraction;" amending Section 27.07.030 to
establish an Agricultural Attraction as a
conditional use in the AG Agriculture
District; and amending Section 27.67.040 to
provide parking requirements for
Agricultural Attractions.
Fact Sheet (17K)
15) 11-64 Change of Zone No. 11012 - Application of
Mark Bousek for a change of zone from R-2
Residential District to R-4 Residential
District on property generally located at
North 70th Street and Cleveland Avenue.
Fact Sheet (778K)
16) 11-65 Change of Zone No. 11013 - Application of
Eiger Corp. for a change of zone from AG
Agriculture District to B-5 Planned
Regional Business District on property
generally located at South 84th Street and
Pine Lake Road.
Fact Sheet (522K)
17) 11-66 Change of Zone No. 11014 - Application of
Larry Buller to designate the property at
2943 Garfield Street as a Historic
Landmark. (Related Items: 11-66,
11R-114) (Action Date: 6/6/11)
Fact Sheet (969K)
Attachment (235K)
18) 11R-114 Special Permit No. 11007 - Historic Preservation
application of Larry Buller to adjust the side
yard and parking requirements on property
generally located at 2943 Garfield Street.
(Related Items: 11-66, 11R-114) (Action Date:
6/6/11)
Fact Sheet (786K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MAY 23, 2011, AT 5:30 P.M.
(APPROVED, 7-0)
19) 11R-120 Approving a Contract Agreement between the City
and KCI, Inc. for Fibre Channel Switches and
Installation, pursuant to Quote 3479, for a
two-year term.
Fact Sheet (114K)
Attachment (1506K)
20) 11R-115 Use Permit No. 56F - Application of Menard,
Inc., for authority to add a garden center and
outdoor warehouse, with a waiver to reduce the
required parking ratio, on property generally
located at North 27th Street and Cornhusker
Highway.
Fact Sheet (1147K)
21) 11R-117 Approving the Fiber and Conduit Sharing
Agreement between the City of Lincoln, Lancaster
County, the District Energy Corporation and
Unite Private Networks, LLC, relating to the
installation, operation and maintenance of a
private network within certain streets and
public rights of way within publicly owned
facilities of the parties.
Fact Sheet (13K)
Attachment (1166K)
22) 11R-118 To provide authority to assess property owners
for the cost of snow and ice removal by the City
from sidewalks adjacent to their property during
the winter season of 2010 - 2011.
Fact Sheet (12K)
ADJOURNMENT 3:33 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