City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 8, 2011 AT 2:00 P.M.
ALL MEMBERS PRESENT
THE PUBLIC HEARING ON THE 1 AND 6 YEAR STREET & HIGHWAY PROGRAM,
THE MAYOR'S RECOMMENDED 2011/12 ANNUAL OPERATING BUDGET
AND CAPITAL IMPROVEMENT PROGRAM 2011/12 - 2016/17
WILL BEGIN AT 2:30 P.M.
There Will Be a Regular Meeting of the City Council
on Wednesday, August 10, 2011, at 5:30 p.m.
to take Action on the Mayor's Recommended Budget
and Ordinances Nos. 11-115, 11-116, 11-117, 11-118
and Resolution No. 11R-179 (See Items Nos. 49 - 54)
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) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on July 25, 2011. (PLACED ON FILE)
2) Report from City Treasurer of City Cash on hand
at the close of business July 28, 2011.
(PLACED ON FILE)
3) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
June 30, 2011. (ADOPTED, 7-0; A-86436)
PETITIONS & COMMUNICATIONS
4) Setting the hearing date of Monday, August 22,
2011 at 3:00 p.m. for the application of Towers
Event Center, Inc. dba The Towers Event Center
for a Class I liquor license located at 6891 A
St., Suite 111. (ADOPTED, 7-0; A-86437)
5) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 6
THRU 11 HAD 2ND READING)
6) 11-119 Approving the close out of completed
construction projects and transfer of unspent
appropriations and cash (if any) from various
projects to projects where additional funding is
needed within the Public Works & Utilities
Department and the Parks & Recreation
Department.
Fact Sheet (12K)
7) 11-110 Amending Section 2.76.155 of the Lincoln
Municipal Code, Compensation Plan: Longevity
Pay, for employees in the pay range prefixed by
the letter "E" to be effective August 18, 2011.
Fact Sheet (23K)
8) 11-111 Amending Section 2.76.395 of the Lincoln
Municipal Code, Vacation Leave with Pay, for
part-time and unrepresented employees to
coincide with the CIR order for employees in pay
ranges for "N" and "X" to be retroactively
effective August 19, 2010.
Fact Sheet (23K)
9) 11-112 Amending the pay schedules for certain employee
groups by adjusting the schedules of annual,
monthly, biweekly and hourly pay range
equivalents for employees whose classifications
are assigned to the pay ranges of "A" and "C" to
be effective August 18, 2011.
Fact Sheet (22K)
Attachment (1748K)
10) 11-113 Amending the pay schedules for a certain
employee group by adjusting the schedules of
annual, monthly, biweekly and hourly pay range
equivalents for employees whose classifications
are assigned to the pay range of "B" to be
effective August 18, 2011.
Fact Sheet (22K)
11) 11-114 Amending the pay schedules for a certain
employee group by adjusting the schedules of
annual, monthly, biweekly and hourly pay range
equivalents for employees whose classifications
are assigned to the pay range of "E" to be
effective August 18, 2011.
Fact Sheet (23K)
Attachment (320K)
PUBLIC HEARING - RESOLUTIONS
12) 11R-178 Approving an Agreement between the City of
Lincoln on behalf of the Lincoln-Lancaster
County Health Department and the Board of
Regents of the University of Nebraska on behalf
of the UNMC College of Dentistry to provide
clinical training for dental and dental hygiene
students at the Health Department for a term of
July 1, 2011 through June 30, 2014.
(ADOPTED, 7-0; A-86438)
Fact Sheet (86K)
Attachment (642K)
13) 11R-181 Establishing a new schedule for water use
charges to increase revenues for the Lincoln
Water System for purposes of covering a portion
of the System's operational and maintenance
costs including debt service, and a portion of
the costs of the Capital Improvements Program
for FY 2011-12. (ADOPTED, 6-1; CAMP, CARROLL,
COOK, EMERY, ESKRIDGE, SNYDER ASSENTING; HORNUNG
DISSENTING; A-86439)
Fact Sheet (13K)
Attachment (113K)
14) 11R-182 Establishing a new schedule for wastewater use
charges to increase revenues for the Lincoln
Water System for purposes of covering a portion
of the System's operational and maintenance
costs including debt service, and a portion of
the costs of the Capital Improvements Program
for FY 2011-12. (ADOPTED, 6-1; CAMP, CARROLL,
COOK, EMERY, ESKRIDGE, SNYDER ASSENTING; HORNUNG
DISSENTING; A-86440)
Fact Sheet (13K)
Attachment (113K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 15
THRU 18 HAD 1ST READING)
15) 11-120 Change of Zone 11025 - Amending Section
27.35.020 of the Lincoln Municipal Code relating
to Permitted Uses in the B-4 Lincoln Center
Business District to prohibit sexually oriented
live entertainment establishments in all areas
of the B-4 zoning district.
Fact Sheet (1057K)
16) 11-121 Comp. Plan Conformance 11007 - Declaring
approximately 2.5 acres of previously vacated
property generally located at the southwest
corner of North 14th Street and Manatt Street as
surplus and authorizing the sale thereof.
(Related Items: 11-121, 11-122, 11R-191)
(Action Date: 8/22/11)
Fact Sheet (428K)
17) 11-122 Vacation 11008 - Vacating North 13th Street from
Manatt Street south to the north line of vacated
North 13th Street; vacating Hartley Street from
the west right-of-way line of North 14th Street
to the east right-of-way line of North 13th
Street; and vacating the east-west alley from
the west right-of-way line of North 14th Street
to the east right-of-way line of North 13th
Street, generally located at North 13th Street
and Hartley Street. (Related Items: 11-121,
11-122, 11R-191) (Action Date: 8/22/11)
Fact Sheet (405K)
18) 11R-191 Approving an Agreement between the City of
Lincoln and Lancaster County School District 001
for the sale and/or exchange of property related
to the vacation and surplus of property
generally located at N. 13th Street and Manatt
Street. (Related Items: 11-121, 11-122,
11R-191) (Action Date: 8/22/11)
Fact Sheet (13K)
Attachment (509K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
19) 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.
(PASSED, 7-0; #19588)
Fact Sheet (594K)
20) 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) (7/25/11 - P.H.
con't. 1 wk to 8/1/11 w/Action 8/8/11)
(MTA #1 TO ACCEPT THE SUBSTITUTE ORDINANCE, 7-0;
MTA #2 ADOPTED, 4-3; COOK, EMERY, ESKRIDGE, SNYDER
ASSENTING; CAMP, CARROLL, HORNUNG DISSENTING;
PASSED THE SUB. ORD. AS AMENDED, 4-3; COOK, EMERY,
ESKRIDGE, HORNUNG ASSENTING; CAMP, CARROLL, SNYDER
DISSENTING; #19589)
Fact Sheet (19K)
Attachment (350K)
Motion To Amend (16K)
21) 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) (PASSED, 7-0; #19590)
22) 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)
(ADOPTED, 7-0; A-86441)
Fact Sheet (122K)
Attachment (91K)
23) 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)
(PASSED, 7-0; #19591)
24) 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) (ADOPTED, 7-0; A-86442)
Fact Sheet (124K)
Attachment (10K)
25) 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) (MTA #1 TO ACCEPT THE
SUBSTITUTE ORDINANCE ADOPTED, 7-0; PASSED AS
AMENDED, 7-0; #19592)
Motion To Amend (112K)
26) 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) (ADOPTED, 7-0; A-86443)
Fact Sheet (124K)
Attachment (81K)
27) 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) (MTA #1 TO ACCEPT THE SUBSTITUTE ORDINANCE
ADOPTED, 7-0; PASSED AS AMENDED, 7-0; #19593)
Motion To Amend (62K)
28) 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) (ADOPTED, 7-0;
A-86444)
Fact Sheet (122K)
Attachment (31K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
29) 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)
30) 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)
31) 09-20B Annexation No. 08016 - Amending the Lincoln
Corporate Limits Map by a)nnexing 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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 15, 2011, AT 3:00 P.M.
(APPROVED, 6-0; SNYDER ABSENT)
41) 11R-188 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,
2011.
Fact Sheet (14K)
Attachment (20K)
42) 11R-183 Approving the Contract Agreement between the
City and X-Tra Kleen, Inc. for the annual
cleaning services for StarTran Facilities,
pursuant to Bid No. 11-141 for a two-year term
with the option to renew for one additional two-
year term.
Fact Sheet (126K)
Attachment (3453K)
43) 11R-184 Approving a multiple-year Management Contract
for Downtown Business Improvement Districts
between the City and the Downtown Lincoln
Association for a four-year term.
Fact Sheet (100K)
Attachment (2523K)
44) 11R-190 Amending Resolution No. A-86391 to change the
date of public hearing on the creation of the
Havelock Business Improvement District from July
18, 2011 to September 12, 2011.
Fact Sheet (132K)
Attachment (298K)
45) 11R-185 Approving a Preliminary Engineering Agreement
between the City and Kirkham Michael &
Associates for engineering services for the
Cavett Connector Trail Project, NDOR Project No.
ENH-55(172) generally located near 34th and
Yankee Hill Road.
Fact Sheet (119K)
Attachment (2740K)
46) 11R-186 Approving an Interlocal Agreement between the
City and the Lincoln Housing Authority for
rehabilitation of the channel along the south
side of Pine Lake Road west of South 22nd
Street.
Fact Sheet (13K)
Attachment (454K)
47) 11R-187 Hearing on the appeal of Ameeta Martin from the
determination of Impact Fees imposed for the
non-residential building located at 7301 South
27th Street, Suite 150 and requesting a waiver
or reduction of said fees.
Fact Sheet (18K)
Attachment (218K)
48) 11R-189 Approving a Consultant Agreement between the
City of Lincoln and SRF Consulting Group, Inc.
for Financial and Operational Analysis of
StarTran.
Fact Sheet (92K)
Attachment (1429K)
THE FOLLOWING ORDINANCES & RESOLUTION WILL HAVE
PUBLIC HEARING ON 8/8/11, AT 2:30 P.M. IMMEDIATELY FOLLOWING
THE REGULAR COUNCIL MEETING
(Action Dates Are Indicated for Each Item)
49) 11R-180 Adopting the 2011/12 City of Lincoln Annual
Operating Budget and Capital Improvement Program
for FY 2016/17. (Action Date: 8/22/11)
50) 11-115 Amending Chapter 10.44.030 of the Lincoln
Municipal Code relating to automobile
impoundment by clarifying that towing fees
payable to the City shall be imposed only on
vehicles ordered to be towed by a police officer
or parking control officer and that such fee
shall be waived on vehicles sold at auction, and
amending Section 10.44.040 to provide that
impoundment fees shall be placed in the General
Fund. (To have P.H./2nd Reading 8/8; Action
on 8/10/11)
Fact Sheet (19K)
51) 11R-179 Establishing a city towing fee of $50.00
pursuant to Lincoln Municipal Code Section
10.44.030. (To have P.H./2nd Reading 8/8;
Action on 8/10/11)
Fact Sheet (19K)
52) 11-116 Amending Chapter 3.20 of the Lincoln Municipal
Code relating to the Street Improvement Vehicle
Tax by amending Section 3.20.220 to phase out
payments to the Snow Removal Fund and revise
amounts credited to the Construction Fund, the
Residential Rehabilitation Fund, and the Vehicle
Tax Residual Fund and amending Section 3.20.230
to increase the fee schedule for the Street
Improvement Vehicle Tax. (To have P.H./2nd
Reading 8/8; Action on 8/10/11)
Fact Sheet (19K)
53) 11-117 Amending Section 10.06.120 of the Lincoln
Municipal Code relating to payment of fines and
costs for parking violations by allowing a one
dollar discount of the administrative fee for
waiving arraignment and right to a hearing and
paying fines and costs for making online
payments, and increasing the administrative fee
for late payment of parking violations from
$8.00 to $23.00. (To have P.H./2nd Reading
8/8; Action on 8/10/11)
Fact Sheet (19K)
54) 11-118 Amending Section 4.24.070 of the Lincoln
Municipal Code relating to the Powers and Duties
of the Lincoln Electric System Administrative
Board to provide that the City shall be entitled
to a dividend for utility ownership of the
Lincoln Electric System in an amount equivalent
to two and four-tenths percent (2.4%) of the
equity of the Lincoln Electric System until such
time as the dollar amount of the dividend
exceeds seven million dollars ($7,000,000.00),
thereafter increasing annually by two percent
(2.0%) or by the amount by which the Consumer
Price Index All Urban Consumers increases during
the year in question, whichever is greater; to
provide that the Lincoln Electric System shall
remit such dividend for utility ownership to the
City; and to authorize the Lincoln Electric
System Board to collect for the dividend for
utility ownership on electric service statements
of Lincoln Electric System customers. (To
have P.H./2nd Reading 8/8; Action on
8/10/11)
Fact Sheet (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 AUGUST ARE THE
15TH AND 29TH.
ADJOURNMENT 9:21 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