City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 25, 2011 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT EMERY
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-164 Appointing Mogien Boyd to the Lincoln-Lancaster
County Board of Health for a three-year term
expiring April 15, 2014. (ADOPTED, 6-0;
A-86419)
Attachment (67K)
2) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on July 11, 2011. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
3) Setting the hearing date of Monday, August 15,
2011 requested by Ameeta Martin, M.D., appealing
from the determination of Impact Fees imposed on
the property known as 7301 S. 27th Street,
Suites 150-170. (APPROVED, 6-0)
4) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 11032 to Use
Permit No. 80, University of Nebraska Technology
Park, approved by the Planning Director on July
13, 2011 requested by University of Nebraska
Foundation to add section 4.8 Aesthetic
Improvements to Article IV - Landscaping and
amend Covenants, Conditions and Restrictions as
required by Article III of Resolution A-77118
for the University of Nebraska Technology Park
on property generally at NW. 1st Street and
Highland Blvd.
Administrative Amendment No. 11035 to
Special Permit No. 419A Southwood Community Unit
Plan, approved by the Planning Director on July
15, 2011 requested by Hutchinson Architects to
add the note "Building locations are conceptual
and may be constructed anywhere within the
required setbacks" on property generally located
at S. 27th Street and Highway 2.
5) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 6
THRU 9 HAD 2ND READING, SEE ITEM 9)
6) 11-102 Street Name Change 11003 - Renaming that portion
of North 90th Street between Leighton Avenue and
Broken Spoke Drive as "Cedar Cove Road" located in
Cedar Cove Addition.
Fact Sheet (363K)
Attachment (1616K)
7) 11-103 Amending Chapter 8.44 of the Lincoln Municipal
Code relating to Water Wells by amending Section
8.44.010 to add, delete and revise definitions
used within the chapter; amending Section
8.44.020 to clarify the purposes of this
chapter; amending Section 8.44.030 regarding the
permitted use of water wells; repealing Section
8.44.040, Temporary Permit for Domestic Use of
New Water Well - When Required; amending Section
8.44.050 regarding who is authorized in
construction or repair of water wells and what
permits are required; amending Section 8.44.060
to require permits for maintaining and using
water wells every year; amending Section
8.44.070 to clarify fees and refunds and filing
of the permit; amending Section 8.44.075 to
change permit fee references from biennial to
annual; amending Section 8.44.080 to clarify
appeal requirements; amending Section 8.44.100
to clarify notice and procedure to decommission
a water well; amending Section 8.44.110 to
clarify permitted use of water wells within the
city limits; amending Section 8.44.120 to
clarify decommissioning of a well by the
Director; and adding a new section numbered
8.44.130 to provide enforcement and penalty
provisions for violations of Chapter 8.44.
Fact Sheet (145K)
Attachment (56K)
8) 11-104 Amending Section 3.24.080 of the Lincoln Municipal
Code relating to the Telecommunication Occupation
Tax to further clarify that state universal
service fund fees have been and continue to be a
necessary component of telecommunication services
which are subject to the telecommunication
occupation tax; and to indicate that
Telecommunication Relay System surcharges and
Enhanced Wireless 911 surcharges are no longer
subject to the telecommunication occupation tax.
Fact Sheet (14K)
9) 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) (6/20/11 -
Remove from Pending to have P.H. 7/25 with
Action on 8/1/11) (CON'T P.H. ONE WK. TO
8/1/11 W/ACTION ON 8/8/11, 6-0)
Fact Sheet (19K)
Attachment (350K)
PUBLIC HEARING - RESOLUTIONS
10) 11R-162 Declaring the official intent of the City of
Lincoln, Nebraska to reimburse certain expenses
in connection with acquisition, installation and
implementation of computer software used by the
City from proceeds of City of Lincoln, Nebraska
Certificates of Participation.
(ADOPTED, 6-0; A-86420)
11) 11R-163 Approving the issuance of not to exceed
$100,000,000 of General Obligation Facility
Bonds of the West Haymarket Joint Public Agency.
(ADOPTED, 6-0; A-86421)
12) 11R-158 Approving the Application of the Lincoln-Lancaster
County Health Department to the Nebraska
Department of Health and Human Services for a
subgrant in the amount of $938,626.18 for the
Minority Health Initiative Projects for the period
of July 1, 2011 through June 30, 2013.
(ADOPTED, 6-0; A-86422)
Fact Sheet (87K)
Attachment (4611K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 13
THRU 21 HAD 1ST READING)
13) 11-105 Change of Zone 11024 - Application of Southview
Inc. for a change of zone from B-2 Planned
Neighborhood Business District to B-2 Planned
Unit Development on property generally located
at N. 14th Street and Fletcher Avenue; approving
a Planned Unit Development District designation;
approving a development plan to develop 198,825
sq. ft. of commercial floor area and 565
dwelling units; and approving a waiver to allow
administrative amendments.
Fact Sheet (594K)
14) 11-106 Approving an Amendment to the Bond Ordinance for
the City of Lincoln Haymarket Hotel/Tool House
Redevelopment Project in Downtown Lincoln to
allow for a change in the effective date and
amend the total not to exceed amount to
$3,015,000. (Related Items 11-106, 11R-168)
(Action Date: 8/8/11)
15) 11R-168 Approving an Amendment to the Redevelopment
Agreement for the City of Lincoln Haymarket
Hotel/Tool House Redevelopment Project in
Downtown Lincoln to allow for a change in the
effective date and to amend the total not to
exceed amount to $3,015,000. (Related Items
11-106, 11R-168) (Action Date: 8/8/11)
Fact Sheet (122K)
Attachment (91K)
16) 11-107 Approving an Amendment to the Bond Ordinance for
the City of Lincoln Block 38 Redevelopment
Project in Downtown Lincoln to allow for a
change in the effective date. (Related Items
11-107, 11R-169) (Action Date: 8/8/11)
17) 11R-169 Approving an Amendment to the Redevelopment
Agreement for the City of Lincoln Block 38
Redevelopment Project in Downtown Lincoln to
allow for a change in the effective date.
(Related Items 11-107, 11R-169) (Action Date:
8/8/11)
Fact Sheet (124K)
Attachment (10K)
18) 11-108 Approving an Amendment to the Bond Ordinance for
the City of Lincoln Telesis/Dairy House
Redevelopment Project in Downtown Lincoln to
allow for a change in the effective date and
amend the total not to exceed amount to
$651,000.(Related Items 11-108 11R-170)
(Action Date: 8/8/11)
19) 11R-170 Approving an Amendment to the Redevelopment
Agreement for the City of Lincoln Telesis/Dairy
House Redevelopment Project in Downtown Lincoln
to allow for a change in the effective date and
to amend the total not to exceed amount to
$651,000. (Related Items 11-108 11R-170)
(Action Date: 8/8/11)
Fact Sheet (124K)
Attachment (81K)
20) 11-109 Approving an Amendment to the Bond Ordinance for
the City of Lincoln North Haymarket Hotel
Redevelopment Project in Downtown Lincoln to
allow for a change in the effective date.
(Related Items 11-109 11R-171) (Action Date:
8/8/11)
21) 11R-171 Approving an Amendment to the Redevelopment
Agreement for the City of Lincoln North
Haymarket Hotel Redevelopment Project in
Downtown Lincoln to allow for a change in the
effective date. (Related Items 11-109 11R-
171) (Action Date: 8/8/11)
Fact Sheet (122K)
Attachment (31K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
22) 11-96 Authorizing and providing for the issuance
of not to exceed $1,200,000 principal
amount of the City of Lincoln General
Obligation Special Assessment Revolving
Fund Bonds, Series 2011.
(PASSED, 6-0; #19576)
23) 11-97 Authorizing the City of Lincoln, Nebraska
to enter into an Equipment Lease Purchase
Agreement No. LIN2011-06E with Community
First National Bank, Manhattan, Kansas in
the amount of $561,330 for the acquisition
of plow trucks for the use of the City.
(PASSED, 5-1; CAMP, CARROLL, COOK, ESKRIDGE,
SNYDER ASSENTING; HORNUNG DISSENTING; #19577)
24) 11-93 Amending Chapter 5.06 of the Lincoln
Municipal Code relating to Arborists by
amending Sections 5.06.010, 5.06.020,
5.06.030, 5.06.040, 5.06.050, 5.06.060,
5.06.070, 5.06.080, 5.06.090 and 5.06.100 to
delete references to unused second class
arborist certification for pest and disease
control only; to clarify that employees may
perform work under the direct supervision of
a certified arborist; to allow certification
and testing fees to be established and
amended administratively; to increase
liability insurance requirements from
$500,000 to $1,000,000; and to clarify that
insurance should be in categories of tree
trimming and removal. (MTA #2 ADOPTED, 6-0;
PASSED AS AMENDED, 6-0; #19578)
Fact Sheet (132K)
Motion To Amend 1 (6K)
25) 11-94 Amending Section 12.08.270 of the Lincoln
Municipal Code relating to alcoholic liquor
in parks to allow alcohol to be served at
Pinewood Bowl and in the indoor premises of
Pioneers Park Nature Center and Auld Pavilion
under the circumstances provided therein.
(MTA #3 ADOPTED, 5-0; CARROLL, COOK, ESKRIDGE,
HORNUNG, SNYDER ASSENTING; CAMP ABSTAINING;
PASSED AS AMENDED, 5-1; CAMP, CARROLL, COOK,
ESKRIDGE, SNYDER ASSENTING; HORNUNG DISSENTING;
#19579)
Fact Sheet (140K)
Motion To Amend 1 (6K)
Motion To Amend 2 (6K)
Motion To Amend 3 (8K)
Memo (324K)
26) 11-95 Amending Section 10.14.450 of the Lincoln
Municipal Code relating to obstructing the
view of a driver by adding a phrase to
specify what constitutes an obstruction, to
reduce enforcement to a secondary violation
to harmonize the section with state statute
amendments, and to establish minimum fines
for violations of the section; repealing
Section 10.14.450 of the Lincoln Municipal
Code as hitherto existing; and establishing
an effective date of August 24, 2011, to
coincide with the effective date of the state
statute amendments. (PASSED, 6-0; #19580)
Fact Sheet (17K)
27) 11-98 Change of Zone 11021 - Application of First
Apostolic Church to designate the property at
3935 Randolph Street as a Historic Landmark.
(PASSED, 6-0; #19581)
Fact Sheet (776K)
Attachment (301K)
28) 11-99 Change of Zone 11022 - Amending Section
27.61.100 of the Lincoln Municipal Code
relating to Expansion of Nonstandard Single-
and Two-family Dwellings Into Required Yards
to allow the enlargement, extension, or
reconstruction of the main building used for
a single- or two-family dwelling and
accessory buildings considered part of the
main building in the R-1 through R-8
Residential Zoning Districts.
(PASSED, 6-0; #19582)
Fact Sheet (19K)
29) 11-100 Vacation 11007 - Vacating a portion of S Street, a
portion of North 6th Street and a portion of the
east-west alley of Block 270, Original Plat of
Lincoln; and a portion of T Street and a portion
of the east-west alley in Block 281, Original Plat
of Lincoln. (PASSED, 6-0; #19583)
Fact Sheet (443K)
30) 11-101 Approving an Agreement between the City and New
Cingular Wireless PCS to locate a communication
facility on property generally located at 56th
Street and Pine Lake Road.
(PASSED, 6-0; #19584)
Fact Sheet (19K)
Attachment (4753K)
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)
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)
42) 11-69 Amending the pay schedule for a certain
employee group by creating the
classifications of "Library Service
Associate", "Library Service Supervisor",
"Librarian", "Library Manager", and "Library
Coordinator." (6/6/11 - Public Hearing
delayed 2 weeks to 6/20/11) (6/13/11 -
Indefinite Pending)
Fact Sheet (135K)
Attachment (42K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, AUGUST 1, 2011, AT 3:00 P.M.
(APPROVED, 6-0)
43) 11R-166 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of July 1 - 15,
2011.
Fact Sheet (14K)
Attachment (24K)
44) 11R-165 Approving the 2011-2012 Maintenance and
Management BID Budgets and Program of Work for
the Downtown Lincoln Association Program for
Fiscal Year 2011-12.
Fact Sheet (100K)
Attachment (1.5M)
45) 11R-167 Approving the labor contract between the City of
Lincoln and the Lincoln Firefighters
Association, Local No. 644, International
Association of Firefighters, effective August
18, 2011.
Fact Sheet (95K)
Attachment (Agreement) (166K)
Legislative Agreement
46) 11R-172 Reappointing John Henry "Jack" Zohner to the
Heating, Ventilating and Cooling Board of
Examiners for a term expiring April 4, 2014.
47) 11R-173 Reappointing Vance Behrens and Bruce Fischer to
the Building Code Board of Appeals for terms
expiring April 1, 2014.
48) 11R-174 Reappointing Dan Chrisp to the Electrical
Advisory, Appeals and Examining Board for a
three-year term expiring August 15, 2014.
49) 11R-175 Reappointing Orville Jones to the Lincoln
Housing Authority Board for a five-year term
expiring July 7, 2016.
50) 11R-176 Appointing Dr. Kara Biven to the Lincoln-
Lancaster County EMS Oversight Authority Board
for a term to expire July 15, 2015.
Attachment (100K)
51) 11R-177 Authorizing the Mayor to execute a Federal Funds
Purchase Program Agreement between the City of
Lincoln the State of Nebraska, Department of
Roads (NDOR), to allow NDOR to exchange Federal
Highway Bridge Program funds for State Cash.
Fact Sheet (13K)
Attachment (501K)
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 JULY ARE THE
11TH AND 25TH.
ADJOURNMENT 8:17 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