ACTION FROM FOR THE REGULAR CITY COUNCIL MEETING TO BE HELD
MONDAY, AUGUST 29, 2011 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT HORNUNG & SNYDER
THERE WILL BE NO MEETING THE WEEK OF SEPTEMBER 5
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-201 Appointing Vicki Huff to the LES Board to fill an
unexpired term expiring December 31, 2012.
(ADOPTED, 5-0; A-86472)
Attachment (89K)
2) Lincoln Water and Wastewater System Recapitulation
of Daily Cash Receipts for the month June, 2011.
(Placed on file)
3) Lincoln Water and Wastewater System Recapitulation
of Daily Cash Receipts for the month July, 2011.
(Placed on file)
4) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
August 15, 2011. (Placed on file)
PETITIONS & COMMUNICATIONS
5) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 11032 to
Special Permit No. 1753B, Vavrina Meadows
1st Addition Community Unit Plan, approved by the
Planning Director on August 19, 2011, requested by
ESP, Inc., to remove the number of units shown on
each building in the multifamily area of the community
unit plan and reflect the total number of units permitted
in the multifamily area in the land use table, on property
generally located at S. 14th St. and Garrett Lane.
Administrative Amendment No. 11031 to Special
Permit No. 06001, The Grand Terrace Community Unit
Plan, approved by the Planning Director on August
22, 2011, requested by Fox Hollow, LLC., to revise
the site plan to show apartments instead of townhouses
on property generally located at S. 84th St. and Highway 2.
Waiver No. 11023 to Administrative Final Plat
No. 02058, approved by the Planning Director on
August 22, 2011, requested by Krueger Holding Company, to
extend the time for two years to install sidewalks and
street trees for Vavrina Meadows 12th Addition. The
improvements shall be completed by August 22, 2013.
Property is generally located at S. 14th St. and Dahlberg Dr.
6) REFERRALS TO PLANNING DEPARTMENT:
Change of Zone No. 11031, requested by
Hutchinson Architects, P.C., from B-1 Local
Business District and R-3 Residential
District to R-5 Residential District and from
R-1 Residential District to R-4 Residential
District, on property generally located at S.
70th and Van Dorn Streets.
Special Permit No. 459A, requested by
Hutchinson Architects, P.C., for an amendment to
the Georgetown Apartments Community Unit Plan, for
expansion from 115 to 175 apartment units,
Strain's Acres, and vacated Drury Lane, located in
the SW 1/4 of Section 34-10-7, Lancaster County,
Nebraska, generally located at S. 70th
and Van Dorn Streets. The Planning Commission
action is final action, unless appealed to the
City Council.
Special Permit No. 11022, requested by Gana
Trucking & Excavating for soil excavation, on
property legally described as the remaining
portion of Lot 1, Woodlawn West and part of Lot 60
I.T., located in Section 31-11-6, Lancaster
County, Nebraska, generally located at Highway 34
and NW 48th Street. The Planning
Commission action is final action, unless appealed
to the City Council.
7) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
8) Application of Benchmark Redevelopment, Inc. dba
Buzzard Billy's for a special designated license
covering an outdoor area measuring approximately
24 feet by 13.4 feet at 247 North 8th Street on
September 10, 17, October 8, and 29, 2011 from
8:00 a.m. to 2:00 a.m. (ADOPTED FOR APPROVAL,
5-0; A-86473)
PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 9 THRU 15 HAD 2ND READING)
9) 11-124 Change of Zone 11027 Amending Title 27 of the
Lincoln Municipal Code by amending Sections
27.25.020, 27.27.020, 27.28.020, 27.31.030,
27.37.020, 27.41.020, 27.43.020, and 27.45.020 to
allow adult care centers as a permitted use in the
O-1 Office District, O-3 Office Park District, R-T
Residential Transition District, B-2 Planned
Neighborhood Business District; B-5 Planned
Regional Business District, H-2 Highway Business
District, H-3 Highway Commercial District and H-4
General Commercial District, respectively.
Fact Sheet (17K)
10) 11-125 Change of Zone 11029 Amending Section 27.45.025
of the Lincoln Municipal Code to allow hotels and
motels in the H-4 General Commercial District as a
permitted conditional use.
Fact Sheet (64K)
11) 11-126 Amending Chapter 5.41 of the Lincoln Municipal
Code relating to Salvage, Recycling and Composting
Operations by amending Section 5.41.050 to
increase related permit fees; and amending Section
5.41.060 to increase the annual occupation tax
levied on salvage operations or commercial
composting operations.
Fact Sheet (109K)
12) 11-127 Amending Title 8 of the Lincoln Municipal Code
relating to Health and Sanitation by amending
Section 8.06.145 to increase the permit fee for
open burning; amending Section 8.08.060 to
increase the permit fees for a body art
establishment; amending Section 8.08.150 to
increase the initial permit fee for a body art
practitioner; amending Section 8.14.037 to
increase the permit fees associated with child
care programs; amending Section 8.20.150 to
increase the permit fees associated with food
establishments; amending Section 8.24.150 to
increase the permit fee for a variance to the
provisions of LMC Section 8.24.090 relating to
noise disturbances; amending Section 8.38.090 to
increase the permit fee for the operation of a
Class A or Class B swimming pool; amending Section
8.40.070 to increase the permit fees associated
with the operation of spa facilities.
Fact Sheet (122K)
13) 11-128 Amending Title 24 of the Lincoln Municipal Code
relating to Plumbing and Sewers by amending
Section 24.38.070 to increase the permit fees
associated with on-site wastewater treatments
systems.
Fact Sheet (112K)
14) 11-129 Amending Chapter 24.42 of the Lincoln Municipal
Code relating to Regulation of Property Transfers
with On-site Systems to increase the fees for
required services of reviewing private industry
property transfer reports and conducting
inspections, providing consultative assistance,
and enforcement.
15) 11-130 Amendment Chapter 8.44 of the Lincoln Municipal
Code relating to Water Wells to increase the fees
for providing required services of water well
inspections, sampling, consultative assistance and
enforcement.
Fact Sheet (131K)
PUBLIC HEARING - RESOLUTIONS
16) 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.
(8/15/11 - Con't P.H. 2 wks to 8/29/11)
(WITHDRAWN, 5-0; #38-4610)
Fact Sheet (18K)
Attachment (218K)
17) 11R-198 Declaring the official intent of the City to
reimburse certain expenses in connection with the
acquisition, construction, equipping and
furnishing of improvements in Water District No.
1198, Water District No. 1199, Water District No.
1200, and Sanitary Sewer District No. 1184 of the
City from the proceeds of City special assessment
revolving fund bonds. (ADOPTED, 5-0; A-86474)
18) 11R-199 Approving Contract Documents between the City of
Lincoln and ESRI Inc. for the supply and delivery
of ESRI Geographic Information System (GIS)
software products, maintenance services and
training pursuant to State of Nebraska Contract
No. 11842 OC for a term effective from the date of
execution through January 1, 2013. (ADOPTED, 5-0;
A-86475)
Fact Sheet (108K)
Attachment (4372K)
19) 11R-200 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of August 1 - 15,
2011. (ADOPTED, 5-0; A-86476)
Fact Sheet (13K)
Attachment (21K)
20) 11R-202 Approving the Audit Advisory Board recommendation,
pursuant to Resolution No. A-86267, regarding the
appropriate type of audit and the appropriate
scope of the audit of the functions, programs and
activities of the City of Lincoln, Department of
Public Works and Utilities in the areas of
operations of its Engineering Services Division
and utilization by the Department of collected
impact fees. (ADOPTED, 5-0; A-86477)
Attachment (91K)
21) 11R-203 Approving a Consultant Agreement between the City
of Lincoln and HBE Becker Meyer Love LLP for
examination of the City's Public Works & Utilities
Department with regard to compliance and
collection of impact fees. (ADOPTED, 5-0; A-86478)
Attachment (168K)
22) 11R-204 Special Permit No. 1114E - Appeal of Heritage
Builders, Inc. to the Planning Commission's denial
for authority to amend the Pheasant Run Community
Unit Plan to allow the sidewalk required along one
side of Pheasant Run Lane to remain as it is
constructed with one-half on either side of the
street, on property generally located at Pheasant
Run Lane and Old Cheney Road. (ADOPTED, 5-0; A-86479)
Fact Sheet (1351K)
23) 11R-205 Adopting an amended schedule of costs increasing
the annual inspection fee for conducting National
Pollutant Discharge Elimination System (NPDES)
stormwater permit compliance inspections at
regulated industrial facilities by Health
Department staff. (ADOPTED, 5-0; A-86480)
Fact Sheet (119K)
24) 11R-206 Increasing fees for special waste permits as
authorized under Chapter 8.32 of the Lincoln
Municipal Code. (ADOPTED, 5-0; A-86481)
Fact Sheet (116K)
25) 11R-207 Amending the Lincoln-Lancaster County Air
Pollution Control Regulations and Standards to
revise and consolidate the location of various
fees, to increase the fee for asbestos
notifications and for emissions of regulated air
pollutants for which fees are charged.
(ADOPTED, 5-0; A-86482)
Fact Sheet (131K)
Attachment (674K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 26 THRU 33 HAD 1ST READING)
26) 11-131 Amending Chapters 2.62, 2.65, and 2.66 of the Lincoln
Municipal Code relating to the Police and Fire Pension
Plans A, B and C, respectively, by amending Sections
2.62.045, 2.65.045, and 2.66.045 relating to the Operation
of the Deferred Retirement Option Plan (DROP) to provide
that Fire Fighter members shall receive a 13th check
during DROP participation; and amending Sections 2.62.140,
2.65.140, and 2.66.107 relating to Cost of Living Adjustments
to provide that Fire Fighters' $15,000 credit toward the
purchase of a cost-of-living adjustment be reduced by the
sum of 13th check payments received as a DROP participant.
Fact Sheet (92K)
27) 11-132 Amending Sections 2.62.090, 2.65.090, and 2.66.085
of the Lincoln Municipal Code to increase the
review period for Disability Retirement Benefits
for the Police and Fire Pension Plans A, B and C,
respectively, from three to five years.
Fact Sheet (89K)
28) 11-133 Amending Section 4.62.010 of the Lincoln Municipal
Code relating to the Police and Fire Pension Plan
Investment Board to provide staggered terms for
members elected by the Police and Fire Departments.
Fact Sheet (88K)
29) 11-134 Amending Section 4.64.020 of the Lincoln Municipal
Code relating to Disability Pension Applications;
Procedure and Appeal to allow exams to include
those performed by medical professionals other
than physicians or psychiatrists.
Fact Sheet (88K)
30) 11-135 Amending Section 2.76.380 of the Lincoln Municipal
Code relating to Sick Leave with Pay to provide
that unrepresented "M" employees coincide with "M"
Labor Contract changes and making the changes
retroactively effective as of August 18, 2011.
Fact Sheet (89K)
31) 11-136 Amending Section 2.78.020 of the Lincoln Municipal
Code relating to Management Compensation Plan
Annual Leave to clarify when new vacation hours go
into effect each year for "M" employees not
represented by Labor Contract and Directors.
Fact Sheet (90K)
32) 11-137 Amending Section 2.78.027 of the Lincoln Municipal
Code relating to Management Compensation Plan
Longevity Pay to provide that unrepresented "M"
employees coincide with "M" Labor Contract changes
and making the changes retroactively effective as
of August 18, 2011.
Fact Sheet (91K)
33) 11-138 Creating a Business Improvement District for the
maintenance, repair and reconstruction of certain
public facilities and improvements within the area
generally located along Havelock Avenue from
Cornhusker Highway on the west to 64th Street on
the east and providing for special assessments to
be imposed within the district.
Fact Sheet (132K)
Attachment (169K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
34) 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. (PASSED 5-0, #19607)
Fact Sheet (12K)
Attachment (505K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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, SEPTEMBER 12, 2011, AT 3:00 P.M.
(APPROVED, 5-0)
46) 11R-208 Reappointing Dave Skipton and Wilber Dasenbrock to
the Air Pollution Control Advisory Board for
three-year terms expiring September 1, 2014.
47) 11R-209 Reappointing Gerard Finnegan Jr. to the Police and
Fire Pension Plan Investment Board for a five-year
term expiring September 1, 2016.
48) 11R-210 Reappointing Richard Boucher, Patte L. Newman and
Andrea Snowden to the Charter Revision Commission
for terms expiring July 15, 2015.
49) 11R-211 Appointing Perry Pirsch and James Schaffer to the
Charter Revision Commission for a term expiring
July 15, 2015.
Attachment (219K)
50) 11R-212 Authorizing and supporting the application to the
Transportation Enhancement Program of the State of
Nebraska Department of Roads to assist with
funding the construction of the Stonebridge Trail
connecting the Alvo Road Trail near 14th and Alvo
Road with the 14th Street Trail near 14th and
Humphrey.
Fact Sheet (148K)
51) 11R-213 Appointing Scott Sandquist to the Board of Zoning
Appeals for a term expiring August 24, 2015.
Attachment (70K)
52) 11R-214 Authorizing submittal of a grant application to
the Transportation Enhancement Program for the
reconstruction of the Sheridan Street bridges near
South 33rd Street.
Fact Sheet (14K)
Attachment (3484K)
53) 11R-215 Appointing Karen Butcher to the Lincoln-Lancaster
County EMS Oversight Authority Board for a four-
year term expiring September 1, 2015.
Attachment (72K)
54) 11R-216 Appointing Herb Friedman and Marthaellen Florence
to the Library Board for terms expiring August 31,
2018 and August 31, 2013, respectively.
Attachment (703K)
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 SEPTEMBER ARE THE 12TH AND 26TH.
ADJOURNMENT 7:34 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