City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 4, 2010 AT 3:00 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO COUNCIL MEETING THE WEEK OF
JANUARY 18TH IN OBSERVANCE OF MARTIN LUTHER KING DAY
COUNCIL RULES WAIVED ALLOWING ITEMS NUMBERED 31 - 34 TO HAVE
PUBLIC HEARING & ACTION THIS DATE
Anyone wishing to address an item on the Consent Agenda may do so at this time
PUBLIC HEARING
CONSENT AGENDA
REPORTS OF CITY OFFICERS
1) 09R-223 Reappointing Maria Prendes-Lintel to the
Community Health Endowment Board of Trustees for
a three-year term expiring September 1, 2012.
(ADOPTED, 7-0; A-85632)
2) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
November 30, 2009. (ADOPTED, 7-0; A-85633)
3) Audit reports performed by BKD, LLP of Lincoln
Water & Wastewater Systems for Fiscal Year
2008-2009. (PLACED ON FILE)
4) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on December 7, 2009.
(PLACED ON FILE)
5) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on December 14, 2009.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
6) Formal Petition for Alley Re-Paving District No.
49 in the east-west alley from 10th to 11th
Streets, between G and H Streets and assessing
the costs thereof against the benefitted
properties, submitted by John C. Ball of LOYA,
LLC. (REFERRED TO LAW DEPT.)
7) THE FOLLOWING HAVE BEEN PLACED ON FILE IN THE
OFFICE OF THE CITY CLERK:
Administrative Amendment No. 09071 to
Pre-Existing Use Permit No. 13C approved by the
Planning Director on December 18, 2009 requested
by Earl May Seed & Nursery to expand the
greenhouse at the northwest corner of the center
and to provide the additional required parking
by leasing 22 parking spaces off-site from the
Briarpark Plaza office building located at 5631
S. 48th Street.
Administrative Amendment No. 09074 to
Special Permit No. 06048 approved by the
Planning Director on December 18, 2009 requested
by Larry Chilese to modify the site plan to
include a drive-through facility at the east
side of the licensed premises on property
generally located at N. 48th Street and
Cornhusker Highway.
Administrative Amendment No. 09058 to
Special Permit No. 1999A approved by the
Planning Director on December 22, 2009 requested
by Engineering Design Consultants to remove 6.77
acres from the northeast corner of the
Wilderness Hills Community Unit Plan and to
reduce the number of units, which was originally
approved for a total of 881 units to a total of
501 units on property generally located at S.
33rd Street and Yankee Hill Road.
Administrative Amendment No. 09076 to Use
Permit/Special Permit No. 19A approved by the
Planning Director on December 23, 2009 requested
by Robert Findley to revise the building layout
by increasing the area of the overnight stay
component by 5,000 sq. ft. while reducing the
area of the clinic addition by 5,000 sq. ft. and
amending the notes accordingly on property
generally located at S. 70th Street and
Lincolnshire Road.
Administrative Amendment No. 09078
approved by the Planning Director on December
23, 2009 requested by Realty Trust Group to
rescind Special Permit No. 130 originally
approved to allow a parking lot on property
generally located at the northwest corner of
50th and O Streets. Special Permit No. 130 is no
longer in force and effect.
8) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
9) Application of Hong's Inc. IV dba China Buffet
for the addition of an outside area measuring
approximately 11 feet by 60 feet to the south of
its presently licensed premises generally
located at 126 North 66th Street.
(ADOPTED FOR APPROVAL, 7-0; A-85634)
10) Application of Whitehead Inc. dba U Stop 4
for a Class D liquor license at 6600 North
84th Street. (ADOPTED FOR APPROVAL, 7-0;
A-85635)
11) Manager application of Md Mahmudul Amin for
Whitehead Inc. dba U Stop 4 at 6600 North
84th Street. (ADOPTED FOR APPROVAL, 7-0;
A-85636)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 12
THRU 14 HAD 2ND READING, SEE ITEM 14)
12) 09-154 Approving the Amended and Restated Site Lease
from the City and the County to the Lincoln-
Lancaster County Public Building Commission; the
Amended and Restated Lease Agreement from the
Commission to the County and the City; and the
issuance of not to exceed $4,750,000 of the
Commission's Tax Supported Lease Rental Revenue
Building and Refunding Bonds, Series 2010.
Attachment (291K)
13) 09-152 Approving a lease agreement between the City and
the Village of Firth for the lease of space by
the Lincoln Area Agency on Aging for its
ActivAge Center Program at 311 Nemaha Street,
Firth, Nebraska from September 1, 2009 to August
31, 2010.
Fact Sheet (47K)
Attachment (59K)
14) 09-153 Authorizing the sale of surplus property
described as portions of Lots 11 and 12,
Wesleyan Heights Addition, generally located
northwest of North 41st Street and Greenwood
Street to Dennis Wohlers. (P.H. CON'T W/ACTION
ON 1/11/10, 7-0)
Fact Sheet (51K)
PUBLIC HEARING - RESOLUTIONS (See Bill No.10R-17, 10R-21,10R-22,
10R-23 Request for P.H. & Action 1/4/10)(COUNCIL RULES WAIVED, 7-0; SEE PAGE 7)
15) 09R-224 Comp. Plan Conformity 09012 - Approving
amendments to the Lincoln Center Redevelopment
Plan to add the "13th and L Redevelopment
Project" to include construction of a new
commercial complex with retail and office space
on property generally bounded by 13th, 14th, K
and L Streets. (ADOPTED, 7-0; A-85641)
Fact Sheet (924K)
Attachment 1 (1270K)
Attachment 2 (336KB)
16) 09R-225 Approving a Supplemental Agreement No. 2 between
the City and State Dept. of Roads for the
Jamaica North Trail Phase 2(B), NDOR Project No.
ENH-55(160) Control No 12879, providing for the
State to advertise, conduct letting and review
bids for the Jamaica North Trail, pay all
eligible project costs directly to the
consultants and contracts, extends the deadline
for securing a construction contract and
approves Terry Genrich as the City's Responsible
Charge. (ADOPTED, 7-0; A-85642)
Fact Sheet (49K)
Attachment (193K)
17) 09R-226 Approving the City of Lincoln Contract Agreement
between the City and Republic Parking System,
Inc. for the management of the City of Lincoln
parking facilities for a term of September 1,
2009 through August 30, 2013.
(P.H. CON'T W/ACTION ON 1/11/10, 7-0)
Fact Sheet (43K)
Attachment 1 (130K)
Attachment 2 (260KB)
18) 09R-227 To re-adopt the Water System Impact Fee
Schedule, Water Distribution Impact Fee
Schedule, Wastewater Impact Fee Schedule,
Arterial Street Impact Fee Schedule, and
Neighborhood Park and Trail Impact Fee Schedule
without any adjustment for inflation for 2010.
(ADOPTED, 6-1; CAMP, CARROLL, EMERY, HORNUNG,
SNYDER, SPATZ ASSENTING; COOK DISSENTING;
A-85643)
Fact Sheet (41K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEM 19
HAD 1ST READING)
19) 10-1 Change of Zone 09028 - Application of
Lancaster County for a change of zone from
P Public Use District to R-4 Residential
District on property generally located at
the southeast corner of South 10th Street
and South Street.
Fact Sheet (633K)
Attachment (41K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
20) 09-132 Adopting an amended and restated City of Lincoln
Employees' Retirement Plan and Trust for
civilian (non-uniformed service) employees
providing for a change in employer contributions
for employees hired after a date certain and
adopting IRS Interim Amendments Nos. 1 and No.
2. (10/5/09 - Action Delayed Weekly to
1/4/2010) (ACTION DELAYED ONE WEEK TO 1/11/10, 7-0)
Fact Sheet (18K)
Attachment (362K)
Motion To Amend 1 (6K)
PENDING LIST - DATE CERTAIN
21) 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)
PENDING LIST (EXTENDED ONE WEEK)
22) 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)
23) 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)
24) 07-58 Change of Zone 07010 - Application of Steve
M. Champoux for a change of zone from AG
Agricultural District to AGR Agricultural
Residential District on property generally
located at 134th and A Streets. (Request
of applicant to continue P.H. to 5/7/07)
(4/16/07 - 2nd Reading & P.H. Con't. to
5/7/07 w/ Action 5/14/07) (Request to Delay
Action w/con't. P.H. to 7/23/07) (5/14/07 -
Action Delayed w/con't. P.H. to 7/23/07)
(Request to Place on Pending - No Date
Certain) (7/23/07 - Placed on Pending, No
Date Certain)
Fact Sheet (1439K)
25) 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)
26) 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)
27) 09-97 Amending the pay schedule for a certain
employee group by creating the
classification of Senior Attorney.
(8/3/09 - Placed on Pending; to be
removed for 1st Reading at same
time as M Class has 1st Reading)
(8/31/09 - P.H. con't w/Action to 9/14/09)
(9/14/09 - P.H. con't. w/Action to 9/28/09)
(9/28/09 - Placed on Pending, No Date
Certain)
Fact Sheet (134K)
Attachment (9K)
28) 09-98 Amending the pay schedule for a certain
employee group by revising the
classification of Attorney II. (8/3/09 -
Placed on Pending; to be removed for
1st Reading at same time as M Class
has 1st Reading) (8/31/09 - P.H.
con't w/Action to 9/14/09) (9/14/09 - P.H.
con't. w/Action to 9/28/09) (9/28/09 -
Placed on Pending, No Date Certain)
Fact Sheet (134K)
Attachment (9K)
29) 09-101 Amending Chapter 2.78 of the Lincoln Municipal
Code relating to the City's Personnel System by
amending Section 2.78.010 Compensation Plan
Established to exclude employees with a pay
range prefixed by M; amending Sections 2.78.020
Annual Leave, 2.78.025 Variable Merit Pay Plan,
and 2.78.030 Sick Leave to delete the references
to employees with a pay range prefixed by the
letter M; and repealing 2.78 Title Page and
Sections 2.78.010, 2.78.020, 2.78.025, and
2.78.030 of the Lincoln Municipal Code as
hitherto existing. (8/3/09 - Placed on
Pending; to be removed for 1st Reading
at same time as M Class has 1st Reading)
(8/31/09 - P.H. con't w/Action to 9/14/09)
(9/14/09 - P.H. con't. w/Action to 9/28/09)
(9/28/09 - Placed on Pending, No Date
Certain)
Fact Sheet (135K)
Motion To Amend 1 (14K)
30) 09-103 Amending the pay schedule for a certain employee
group by adjusting the hourly pay range schedule
and schedules of annual, monthly, biweekly and
hourly pay range equivalents for employees of
the City of Lincoln whose classifications are
assigned to pay ranges prefixed by the letter
"M" to be effective August 20, 2009. (8/3/09
- Placed on Pending; to be removed for
1st Reading at same time as M Class has
1st Reading) (8/31/09 - P.H. con't
w/Action to 9/14/09) (9/14/09 - P.H. con't.
w/Action to 9/28/09) (9/28/09 - Placed on
Pending, No Date Certain)
Fact Sheet (134K)
Attachment (138K)
Motion To Amend 1 (158K)
Motion To Amend 2 (378K)
Motion To Amend 3 (559K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JANUARY 11, 2010, AT 3:00 P.M.
(Bill No. 10R-17, 10R-21, 10R-22, 10R-23 - Request for
P.H. & Action 1/4/10) (SEE ITEMS 31 THRU 34)
(ITEMS 35 THRU 52 APPROVED, 7-0)
31) 10R-17 Approving Funding Agreements between the City
and the Nebraska Dept. of Roads for the use of
Federal Highway Infrastructure Investment Funds
provided by the American Recovery and
Reinvestment Act of 2009 for the following
eligible projects: Citywide Durable Pavement
Markings (Project No. LCLC-5239(8)); and
Citywide Continental Pedestrian Crosswalks
(Project No. LCLC-5221(3)). (RULES WAIVED TO HAVE P.H.
& ACTION ON THIS DATE, 7-0; ADOPTED, 7-0; A-85637)
Fact Sheet (14K)
Attachment 1 (653K)
Attachment 2 (683K)
32) 10R-21 Approving the selection of Constructors, Inc.
and authorizing execution of the construction
contract between the City and the Nebraska Dept.
of Roads for the use of Federal Highway
Infrastructure Investment Funds provided by the
American Recovery and Reinvestment Act of 2009
for Project LCLC-5220(3). (RULES WAIVED TO HAVE P.H.
& ACTION ON THIS DATE, 7-0; ADOPTED, 7-0; A-85638)
Fact Sheet (13K)
Attachment (132K)
33) 10R-22 Approving the selection of Pavers Companies and
authorizing execution of the construction
contract between the City and the Nebraska Dept.
of Roads for the use of Federal Highway
Infrastructure Investment Funds provided by the
American Recovery and Reinvestment Act of 2009
for Project LCLC-5250(3). (RULES WAIVED TO HAVE P.H.
& ACTION ON THIS DATE, 7-0; ADOPTED, 7-0; A-85639)
Fact Sheet (13K)
Attachment (104K)
34) 10R-23 Approving the selection of Cramer and
Associates, Inc. and authorizing execution of
the construction contract between the City and
the Nebraska Dept. of Roads for the use of
Federal Highway Infrastructure Investment Funds
provided by the American Recovery and
Reinvestment Act of 2009 for Project LCLC-
5254(9). (RULES WAIVED TO HAVE P.H. & ACTION
ON THIS DATE, 7-0; ADOPTED, 7-0; A-85640)
Fact Sheet (13K)
Attachment (153K)
35) 10R-19 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of December 1-
31, 2009.
Fact Sheet (14K)
Attachment (21K)
36) 10R-15 Declaring the official intent of the City of
Lincoln, Nebraska to reimburse certain expenses
in connection with the acquisition,
construction, equipping and furnishing of
improvements to the city's solid waste
management facilities from the proceeds of City
solid waste management revenue bonds.
37) 10R-16 Declaring the official intent of the City of
Lincoln, Nebraska to reimburse certain expenses
in connection with the acquisition, purchase and
installation of light poles from the proceeds of
City Certificates of Participation.
38) 10R-24 Adopting the LES Rate Standards as recommended
by the LES Administrative Board.
Fact Sheet (52K)
Attachment (612K)
39) 10R-2 Approving a Department of the Interior
Geological Survey Supplemental Joint
Funding Agreement for Water Resources
Investigations conduct stormwater quality
monitoring to meet the requirements of the
City's NPDES stormwater permit through
October 31, 2010.
Fact Sheet (13K)
Attachment (32K)
40) 10R-3 Approving a Service Agreement between the
City of Lincoln and Southeast Community
College to provide clinical training for
public health nursing students and dental
assistant students at the Lincoln-Lancaster
County Health Department for a period of
September 1, 2009 through August 31, 2012.
Fact Sheet (36K)
Attachment (307K)
41) 10R-4 Approving a Service Agreement between the
City of Lincoln and Nebraska House Call
Physicians, P.C. for physician medical
services for the Health Department for
December 1, 2009 through December 31, 2010.
Fact Sheet (37K)
Attachment (311K)
42) 10R-10 Approving an Agreement between the City of
Lincoln and the University of Nebraska College
of Nursing to provide field and clinical
training for public health nursing students at
the Lincoln-Lancaster County Health Department
for a period of July 1, 2009 through June 30,
2012.
Fact Sheet (37K)
Attachment (308K)
43) 10R-5 Approving the design-building contract or
the construction management at risk
contract delivery system provided for in
the Political Subdivision Construction
Alternatives Act.
Fact Sheet (39K)
44) 10R-6 Reappointing Mike McNiff to the Examining
Board of Plumbers for a three-year term
expiring on September 4, 2012.
45) 10R-7 Reappointing Mike McNiff to the Water
Conditioning Board of Examiners for a
three-year term expiring September 4, 2012.
46) 10R-8 Approving a multi-year contract between the
City of Lincoln, Lancaster County,
Lincoln-Lancaster Public Building
Commission and Cornerstone Printing &
Imaging for business cards and letterhead
printing.
Fact Sheet (48K)
Attachment (428K)
47) 10R-9 Approving Speakeasy as a keno satellite
site at 3233 1/2 South 13th Street.
Fact Sheet (41K)
48) 10R-14 Approving a multi-year contract with A-TEC
Recycling for fluorescent bulb recycling
services for a two-year term with a renewal
option for an additional two-year term.
Fact Sheet (39K)
Attachment (545K)
49) 10R-11 Approving an Amendment to Pledge Agreement
between the City of Lincoln and UNF Charitable
Gift Fund to amend paragraph 8 of the Pledge
Agreement to revise the date when the pledge
regarding funding for the arena project will be
considered a charitable grant.
Attachment (140K)
50) 10R-12 Approving an Inter-Governmental Agreement
between the Nebraska Department of Environmental
Quality (NDEQ) and the City of Lincoln regarding
the implementation of the Stormwater Management
Plan Program.
Fact Sheet (13K)
Attachment (269K)
51) 10R-20 Approving an Interlocal Agreement between the
City of Lincoln and Lancaster County to provide
a liaison for the delivery of human services to
the Hispanic/Latino community for a one-year
term.
Attachment (23K)
52) 10R-13 Comp. Plan Conformity 09013 - Approving
amendments to the Lincoln Center Redevelopment
Plan to add the "Catalyst One/Civic Plaza
Redevelopment Project" to develop a new public
plaza and supporting streetscape enhancements
with the construction of a mixed-use public
parking facility with retail on the ground floor
and residential units above the garage, on
property generally bounded 13th, 14th, P and Q
Streets.
Fact Sheet (507K)
Attachment (1231K)
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 JANUARY ARE THE
11TH AND THE 25TH.
ADJOURNMENT 4:49 P.M.
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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.
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The City Council Agenda and Action Sheet may be accessed on the Internet at:
lincoln.ne.gov
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