City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 15, 2011 AT 3:00 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE
FOR THE MONTH OF JULY 2011 WAS PRESENTED TO
THIEN DANG, FIREFIGHTER/PARAMEDIC
OF THE LINCOLN FIRE & RESCUE DEPARTMENT
IN THE CATEGORIES OF CUSTOMER RELATIONS AND VALOR
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 August 1, 2011. (PLACED ON FILE)
2) Resolution approving the City of Lincoln's
Investment Activity Report from the City
Treasurer for the Third Quarter, Fiscal Year
2010-11. (ADOPTED, 7-0; A-86446)
PETITIONS & COMMUNICATIONS
3) Setting the hearing date of Monday, August 22,
2011 at 3:00 p.m. for the application of Will-
Mack, LLC dba Hour Lounge for a Class C liquor
license located at 101 N. 14th St., Suite 6.
(ADOPTED, 7-0; A-86447)
4) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 11019 to
Special Permit No. 1870A, Stevens Creek Ridge
Community Unit Plan, approved by the Planning
Director on August 8, 2011 requested by Gerry
and Dianne Krieser to add two lots as provided
for in Resolution PC-00863 and R-82824 on
property generally located at N. 134th St. and
Holdrege St.
5) REFERRALS TO THE PLANNING DEPARTMENT:
Change of Zone No. 11026 - Requested by
Ben and Nancy Sand amending Title 27 of the
Lincoln Municipal Code, the Zoning Code, by
adding a new section numbered 27.03.225 to add
the definition of "farm winery"; amending
Section 27.07.040 to allow farm wineries as a
permitted special use in the AG Agriculture
District; amending Section 27.63.680 to allow a
farm winery operating under a permitted special
use to be located within 100 feet of a
residential district; amending Section 27.63.685
to provide that a special permit or amendment
thereto shall not be required for interior
expansions of an existing licensed farm winery;
adding a new section numbered 27.63.810 to
provide conditions for granting a special permit
to allow a farm winery in the AG Agriculture
District; and repealing Sections 27.07.040,
27.63.680, and 27.63.685 of the Lincoln
Municipal Code as hitherto existing.
Change of Zone No. 11030 - Requested by
Brad Alderman from R-2 Residential District to
O-3 Office Park District on property generally
located at Highway 77 and West A Street.
Use Permit No. 126C - Requested by
Wilderness Woods Holdings, LLC for an amendment
to the Wilderness Woods Office Park to reduce
the amount of office square footage permitted
from 275,000 square feet to 225,000 square feet
and permit 186 dwelling units, with a request
that required residential parking spaces may be
located on a driveway behind a garage that is
attached to a dwelling unit, on property
generally located at Executive Woods Drive and
Yankee Hill Road.
Use Permit No. 11001 - Requested by Brad
Alderman to allow for general and/or medical
office uses on property generally located at
Highway 77 and West A Street.
6) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
7) Application of EMJS Inc. for a Class C liquor
license at 1427 O Street. (ADOPTED FOR APPROVAL, 7-0;
A-86448)
8) Manager application of Joshua J. Root for EMJS
Inc. at 1427 O Street. (ADOPTED FOR APPROVAL, 7-0;
A-86449)
9) Application of Hy-Vee, Inc. dba Hy-Vee #1 Gas
for a Class D liquor license at 250 North 52nd
Street. (ADOPTED FOR APPROVAL, 7-0; A-86450)
10) Manager application of Scott A. Schlatter for
Hy-Vee #1 Gas at 250 North 52nd Street.
(ADOPTED FOR APPROVAL, 7-0; A-86451)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 11
THRU 14 HAD 2ND READING)
11) 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)
12) 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)
13) 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)
14) 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)
PUBLIC HEARING - RESOLUTIONS
15) 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. (ADOPTED, 7-0; A-86452)
Fact Sheet (14K)
Attachment (20K)
16) 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. (ADOPTED, 7-0; A-86453)
Fact Sheet (126K)
Attachment (3453K)
17) 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.
(ADOPTED, 7-0; A-86454)
Fact Sheet (100K)
Attachment (2523K)
18) 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.
(ADOPTED, 7-0; A-86455)
Fact Sheet (132K)
Attachment (298K)
19) 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. (ADOPTED, 7-0; A-86456)
Fact Sheet (119K)
Attachment (2740K)
20) 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. (ADOPTED, 7-0; A-86457)
Fact Sheet (13K)
Attachment (454K)
21) 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. (CON'T P.H. W/ACTION
IN TWO WEEKS TO 8/29/11, 6-1; CAMP, CARROLL, COOK,
ESKRIDGE, HORNUNG, SNYDER ASSENTING; EMERY DISSENTING)
Fact Sheet (18K)
Attachment (218K)
22) 11R-189 Approving a Consultant Agreement between the
City of Lincoln and SRF Consulting Group, Inc.
for Financial and Operational Analysis of
StarTran. (ADOPTED, 7-0; A-86458)
Fact Sheet (92K)
Attachment (1429K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEM 23
HAD 1ST READING)
23) 11-123 Approving the First Amendment to Lease Agreement
between the City of Lincoln and Lancaster County
School District 001 for an additional 3,425
square feet of space for use by Lincoln Public
Schools at 949 West Bond Street.
Fact Sheet (12K)
Attachment (505K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
24) 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. (PASSED, 7-0; #19598)
Fact Sheet (12K)
25) 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.
(PASSED, 6-1; CAMP, CARROLL, COOK, EMERY, ESKRIDGE,
SNYDER ASSENTING; HORNUNG DISSENTING; #19599)
Fact Sheet (23K)
26) 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. (PASSED, 7-0; #19600)
Fact Sheet (23K)
27) 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. (PASSED, 6-1; CAMP,
CARROLL, COOK, EMERY, ESKRIDGE, SNYDER ASSENTING;
HORNUNG DISSENTING; #19601)
Fact Sheet (22K)
Attachment (1748K)
28) 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. (PASSED, 6-1; CAMP,
CARROLL, COOK, EMERY, ESKRIDGE, SNYDER ASSENTING;
HORNUNG DISSENTING; #19602)
Fact Sheet (22K)
29) 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. (PASSED, 6-1; CAMP,
CARROLL, COOK, EMERY, ESKRIDGE, SNYDER ASSENTING;
HORNUNG DISSENTING; #19603)
Fact Sheet (23K)
Attachment (320K)
PENDING LIST - DATE CERTAIN
30) 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)
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)
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 22, 2011, AT 3:00 P.M.
(APPROVED, 7-0)
43) 11R-192 Appointing Amy Ostermeyer to the City Personnel
Board for a five year term expiring June 22,
2016.
Attachment (176K)
44) 11R-197 Reappointing Emily Casper, Scott Hofeling, and
John Williams to the Community Forestry Advisory
Board for terms expiring August 17, 2014.
45) 11R-193 Approving the First Renewal to Contract for
Armored Car Services between the City of
Lincoln and Rochester Armored Car for a
period of two years, pursuant to Bid No.
09-209.
Fact Sheet (110K)
Attachment (444K)
46) 11R-194 Approving an Agreement between the City of
Lincoln on behalf of the Lincoln-Lancaster
County Health Department and Smiths Detection
for use of the Smith Detection HazMat ID System
for a three year term.
Fact Sheet (84K)
Attachment (973K)
47) 11R-195 Approving an Interlocal Agreement between the
City of Lincoln on behalf of the Lincoln-
Lancaster County Health Department and Lancaster
County for assistance with Pandemic Flu
Preparedness and Response for a term of July 1,
2011 through December 31, 2011.
Fact Sheet (87K)
Attachment (409K)
48) 11R-196 Approving the Labor Contract between the City of
Lincoln and the Lincoln M Class Employees
Association to be effective August 18, 2011.
Fact Sheet (87K)
Attachment (69K)
Attachment 2 (54K)
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 4:39 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