InterLinc Home Page
lincoln.ne.gov
City of Lincoln
City of Lincoln
City Council Office

Formal Agenda


          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

City Council
Meetings