City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 26, 2011 AT 5:30 P.M.
ALL MEMBERS PRESENT
CITY COUNCIL ACTION TO FILL COUNCIL SEAT VACANCY
(ELECTED DIANNA SCHIMEK TO FILL COUNCIL SEAT VACANCY, 4-2; CARROLL,
COOK, EMERY, ESKRIDGE ASSENTING; CAMP, HORNUNG DISSENTING)
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 September 12, 2011. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
2) Setting the hearing date of Monday, October 10,
2011 at 3:00 p.m. for the application of
Whitemark Energy, LLC dba U-Stop #26 for a Class D
liquor license located at 8350 Northwoods
Drive. (ADOPTED, 6-0; A-86507)
3) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 4
THRU 6 HAD 2ND READING)
4) 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) (9/19/11 -
Removed from Pending to have Public Hearing
on 9/26/11, 3rd Reading with Action on 10/3/11)
Fact Sheet (135K)
Attachment (42K)
Motion To Amend (7K)
5) 11-143 Creating and ordering construction of Sidewalk
Improvement District No. 96 in various
locations within the City and assessing the cost
against the benefitted property.
Fact Sheet (12K)
Attachment (8782K)
6) 11-145 Amending Chapter 8.46 of the Lincoln Municipal
Code relating to Weed Abatement by adding a new
section numbered 8.46.005 to provide definitions
for certain words and phrases used in this
chapter; adding a new section numbered 8.46.015
to designate the Lancaster County Weed Control
Authority as the agency to provide, execute and
operate a weed control program for and on behalf
of the City; repealing Section 8.46.020, City
May Cause Removal of Weeds; adding a new section
numbered 8.46.022, Notice of Weed Control
Activities, to provide procedures for providing
notice of control activity; adding a new section
numbered 8.46.024, Collection of Costs, to
provide for a notice of potential lien to be
recorded in real estate records; adding a new
section numbered 8.46.026, Service of Notice,
modify the method of service of notices issued
pursuant to this chapter; adding a new section
numbered 8.46.028, Liens & Collections, to
provide a procedure for collection of costs and
release of liens; amending Section 8.46.030 to
provide that the Weed Control Authority report
weed assessment costs to the City Council;
amending Section 8.46.040 to designate the Weed
Control Authority as the City's agent for weed
assessment collections; and adding a new section
numbered 8.46.045 to provide for appeals.
Fact Sheet (19K)
A SPECIAL PUBLIC HEARING SHALL BE HELD
ON THE FOLLOWING RESOLUTION
7) 11R-228 Approving the 2011-12 City tax rate of 0.31580
per $100.00 of assessed valuation.
(ADOPTED, 4-2; CARROLL, COOK, EMERY, ESKRIDGE
ASSENTING; CAMP, HORNUNG DISSENTING; A-86508)
Fact Sheet (80K)
PUBLIC HEARING - RESOLUTIONS
8) 11R-224 Approving an Agreement between the City of
Lincoln and Lancaster County for a Combined Weed
Control Program to provide for abatement and
control of noxious weeds, common weeds and
worthless vegetation within the limits of the
City. (9/12/11 - Placed on Pending to have
Public Hearing & Action on 10/3/11) (9/19/11 -
To have Public Hearing on 9/26 with
Action on 10/3/11)
Fact Sheet (113K)
Attachment (550K)
9) 11R-229 Approving an Amendment to Agreement for Waste
Hauling Services between the City, Lancaster
County, Lincoln Lancaster County Public Building
Commission and Waste Connections of Nebraska
for an additional two-year term and a 3% price
increase pursuant to Bid No. 09-212 for use by
all City Departments for the collection of waste
as needed. (ADOPTED, 6-0; A-86509)
Fact Sheet (115K)
Attachment (265K)
10) 11R-230 Approving an Interlocal Agreement between the
City, Lancaster County and the Railroad
Transportation Safety District providing for
RTSD Funding for the South Lincoln Quiet Zone
and the City's and County's acceptance of
ownership and maintenance of the safety
improvements constructed in each respective area
at Park Boulevard, South Street, Pioneers
Boulevard, Old Cheney Road, South 14th Street
and Saltillo Road, City Project No. 702618.
(ADOPTED, 6-0; A-86510)
Fact Sheet (13K)
Attachment (821K)
11) 11R-231 Approving an Interlocal Agreement between the
City and the Railroad Transportation Safety
District to accept the transfer of RTSD Funding
for the SW 40th Street/BNSF Overpass and to
acknowledge the paving of approximately 900 feet
of SW 40th Street from West O Street to the
south, City Project No. 700132.
(ADOPTED, 6-0; A-86511)
Fact Sheet (13K)
Attachment (288K)
12) 11R-232 Approving an Interlocal Agreement between the
City and the Railroad Transportation Safety
District to accept the transfer of RTSD Funding
for the South Salt Creek Quiet Zone and the
City's acceptance of ownership and maintenance
of the safety improvements, City Project No.
702617. (ADOPTED, 6-0; A-86512)
Fact Sheet (13K)
Attachment (284K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 13
THRU 20 HAD 1ST READING)
13) 11-144 Amending Title 3 of the Lincoln Municipal Code
relating to Revenue and Finance by adding a new
section numbered 3.06.010 to establish and
define the biennial budget; adding a new section
numbered 3.06.020 to establish the procedure and
calendar for the formulation of the proposed
biennial executive budget and for its submission
to the council; adding a new section numbered
3.06.030 to establish the contents of the
biennial budget; adding a new section numbered
3.06.040 to establish the procedure for the
adoption of the biennial budget; adding a new
section numbered 3.06.050 to establish and
define the procedure for reduction, transfer and
revision to the biennial budget; adding a new
section numbered 3.06.060 to establish the
procedure for the capital improvement biennial
budget; and adding a new section numbered
3.06.070 to establish a date to set the property
tax rate and reappropriate unencumbered
appropriations for the second year.
Fact Sheet (90K)
14) 11-147 Amending Section 2.76.200 of the Lincoln
Municipal Code, Compensation Plan; Temporary
Assignment in a Higher Classification, to allow
employees in the pay ranges prefixed by the
letters N and X to coincide with PAGE employees
to be effective August 18, 2011.
Fact Sheet (138K)
15) 11R-235 Approving the I-80 West Lincoln Business Center
Conditional Annexation and Zoning Agreement
between the City and Ringneck Development LLC
for annexation of approximately 7.72 acres and
the development of 233 acres of property
generally located at N.W. 48th Street and I-80.
(Related Items: 11R-235, 11-149, 11-150)
Fact Sheet (13K)
Attachment (4677K)
16) 11-149 Annexation No. 07005 - Amending the Lincoln
Corporate Limits Map by annexing approximately
7.72 acres generally located at N.W. 48th Street
and West Holdrege Street. (Related Items:
11R-235, 11-149, 11-150)
Fact Sheet (1020K)
Attachment (404K)
17) 11-150 Change of Zone No. 07063 - Application of
Ringneck Development for a change of zone from
AG Agricultural District to R-3 Residential with
a Planned Unit Development designation on 7.72
acres of property generally located at N.W. 48th
Street and West Holdrege Street with requested
waivers and modification to the Zoning Ordinance
and Land Subdivision Ordinance to allow
approximately 42,000 square feet of office and
commercial floor area and six dwelling units on
the underlying R-3 zoned area. (Related
Items: 11R-235, 11-149, 11-150)
Fact Sheet (2189K)
18) 11-151 Approving a Lease Agreement between the Lincoln
Parks and Recreation Department and Lincoln
Parks and Recreation Foundation for the lease of
approximately 230 square feet of space to the
Foundation at 2740 A Street for a 13.5 year
period.
Fact Sheet (100K)
Attachment (398K)
19) 11-153 Approving the allocation of $1 million of
Capital Improvement Funds appropriated in the FY
2011-12 budget to certain projects within the
Parks and Recreation Department.
Fact Sheet (93K)
Attachment (59K)
20) 11-152 Amending Section 2.76.380 of the Lincoln
Municipal Code, Sick Leave with Pay, to clarify
for employees in the pay ranges prefixed by the
letters N and X that sick leave payout upon
resignation is for regular employees only.
Fact Sheet (138K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
21) 11-139 Amending Chapter 14.56 of the Lincoln Municipal
Code relating to Works of Art by amending
Section 14.56.030 to reserve the right to
determine the appropriateness of placing art
work on City owned property; amending Section
14.56.040 to change the approval process for
placement of art work on City owned property;
amending Section 14.56.070 to authorize the
Director of Parks and Recreation to supervise
installation and maintenance of art work on City
owned property outside of street right-of-way;
amending Section 14.56.090 to move the authority
to suspend or revoke a license agreement from
the City Council to the Mayor; amending Section
14.56.100 to change insurance requirements;
amending Section 14.56.110 to change the length
of license agreements; amending Section
14.56.120 to change the application fee; adding
a new section numbered 14.56.130 to require the
Mayor to develop one or more master plans for
art work on City owned property; adding a new
section numbered 14.56.140 to call for approval
of public art master plans by the City Council;
and adding a new section numbered 14.56.150 to
provide for review of master plans.
(MTA #2 ADOPTED, 6-0; PASSED AS AMENDED, 6-0;
#19623)
Fact Sheet (19K)
Motion To Amend (11K)
22) 11-140 Change of Zone 11026 - 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;
and 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. (PASSED, 6-0; #19624)
Fact Sheet (30K)
23) 11-141 Change of Zone 11030 - Application of Brad
Alderman, DDS, for a change of zone from R-2
Residential District to O-3 Office Park District
on approximately 3.6 acres generally located at
West A Street and U.S. Highway 77.
(PASSED, 6-0; #19625)
Fact Sheet (530K)
Attachment (38K)
24) 11-142 Misc. No. 11004 - Amending Title 26 of the
Lincoln Municipal Code, the Land Subdivision
Ordinance by amending Section 26.11.060 to
provide that the Planning Director shall within
ten (10) days following receipt of all required
city department approvals or reports notify the
subdivider of approval, conditional approval or
disapproval of a final plat; amending Section
26.19.010 to allow utility provider release of
easement and lien holder consent and
subordination signature blocks and
acknowledgments to be attached to final plats on
separate 8 1/2" x 11" sheets; and amending
Section 26.19.035 to revise the additional
information required to be submitted with a
final plat. (PASSED, 6-0; #19626)
Fact Sheet (22K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK, See Item 25)
25) 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) (Request to remove from Pending
to have P.H. on 10/10/11)
Fact Sheet (1465K)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
(9/19/11 - Removed from Pending for
Public Hearing on 9/26/11, 3rd Reading
with Action on 10/3/11)
Fact Sheet (135K)
Attachment (42K)
36) 11R-224 Approving an Agreement between the City of
Lincoln and Lancaster County for a Combined Weed
Control Program to provide for abatement and
control of noxious weeds, common weeds and
worthless vegetation within the limits of the
City. (9/12/11 - Public Hearing delayed to
9/26; to have Action on 10/3/11)
Fact Sheet (113K)
Attachment (550K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, OCTOBER 3, 2011, AT 3:00 P.M.
(APPROVED, 6-0)
37) 11R-233 Appointing Bennie Shobe Jr. to the Commission on
Human Rights to fill an unexpired term expiring
December 31, 2011.
Attachment (90K)
38) 11R-234 Approving a Contract Agreement between the City
and Capital Towing, Inc. for the annual
requirements for City of Lincoln Towing and
Storage Services, pursuant to Bid No. 11-176,
for a four-year term with an option to renew for
one additional four-year term.
Fact Sheet (117K)
Attachment (32273K)
39) 11R-237 Approving a contract agreement between the Parks
and Recreation Department and the Lincoln Parks
and Recreation Foundation establishing the
mutual responsibilities and understandings in
providing facilities and programs through fund
raising activities, securing grant funds, donor
stewardship and volunteer recruitment for a four
year term.
Fact Sheet (109K)
Attachment (388K)
40) 11R-238 Approving an Interlocal Agreement between the
City and the Lincoln-Lancaster County Public
Building Commission to install a solar renewable
energy rooftop array on the Lincoln Police
Department Center Team headquarters building at
1501 N. 27th Street, utilizing federal Energy
Efficiency and Conservation Block Grant funds.
Fact Sheet (91K)
Attachment (262K)
41) 11R-239 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of September 1 -
15, 2011.
Fact Sheet (14K)
Attachment (23K)
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 7:21 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