City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 1, 2010 AT 3:00 P.M.
ALL MEMBERS PRESENT
Anyone wishing to address an item on the Consent Agenda may do so at this time
THERE WILL BE NO COUNCIL MEETING THE WEEK OF FEBRUARY 15TH
IN OBSERVANCE OF PRESIDENTS' DAY
PUBLIC HEARING
CONSENT AGENDA
REPORTS OF CITY OFFICERS
1) 10R-28 Reappointing Marilyn McNabb to the Lincoln
Electric System Administrative Board for a
three-year term expiring December 31, 2012.
(ADOPTED, 7-0; A-85695)
2) 10R-29 Appointing Jerry Hudgins to the Lincoln Electric
System Administrative Board for a three-year
term expiring December 31, 2012.
(P.H. CON'T W/ACTION ON 2/8/10, 7-0)
Attachment (33K)
3) 10R-30 Reappointing Steve Masters to the District
Energy Corporation for a two-year term expiring
December 31, 2011. (ADOPTED, 7-0; A-85696)
PETITIONS & COMMUNICATIONS
4) THE FOLLOWING HAS BEEN PLACED ON FILE IN THE
OFFICE OF THE CITY CLERK:
Administrative Amendment No. 10001 to
Special Permit No. 1423I approved by the
Planning Director on January 20, 2010 requested
by Lewis Homes to adjust the front setback from
20 feet to 5 feet for the front yard adjacent to
the west lot line for Lot 10, Block 1, HiMark
Estates 12th Addition. The adjustment only
affects the northern portion of the lot where it
is adjacent to the cul-de-sac bulb since this is
the only portion of the yard that was determined
to be a front yard, though the intention was for
it to be a side yard of 5 feet.
5) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
6) Application of SRRAM Inc. dba Mills Squeegee
Fill Station #1 for the addition of a catering
license to its Class D liquor license at 2601
Ticonderoga Drive. (ADOPTED FOR APPROVAL, 7-0;
A-85697)
7) Application of SRRAM Inc. dba Mills Squeegee
Fill Station #2 for the addition of a catering
license to its Class D liquor license at 4445
South 70th Street. (ADOPTED FOR APPROVAL, 7-0;
A-85698)
8) Application of L&M Foods Inc. dba Sam & Louie's
for a Class I liquor license at 1332 P Street,
Suite A. (ADOPTED FOR APPROVAL, 7-0; A-85699)
9) Manager application of Larry J. Jurgens for L&M
Foods Inc. dba Sam & Louie's at 1332 P Street,
Suite A. (ADOPTED FOR APPROVAL, 7-0; A-85700)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 10
THRU 12 HAD 2ND READING)
10) 10-5 Change of Zone 09029 - Amending Section
27.26.080 of the Lincoln Municipal Code
relating to Height and Area Regulations for
the O-2 Suburban Office District to provide
that the maximum height of buildings in
said district shall not exceed 25 feet if
the building has a flat roof and shall not
exceed 28 feet if the building has a roof
type other than flat.
Fact Sheet (14K)
11) 10-6 Comp. Plan Conformance 09014 - Declaring
approximately 1.8 acres of property
generally located northeast of North 10th
and Military Road as surplus property and
authorizing the sale thereof to Indian
Center, Inc.
Fact Sheet (261K)
Attachment (593K)
12) 10-7 Street Name Change 06005 - Renaming 38th
Street Court and that portion of South 38th
Street north of F Street as South 38th
Street Court.
Fact Sheet (6545K)
Attachment (549K)
PUBLIC HEARING - RESOLUTIONS
13) 10R-36 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of January 1 -
15, 2010. (AMENDED, 7-0; ADOPTED AS AMENDED,
7-0; A-85701)
Fact Sheet (14K)
Attachment (22K)
14) 10R-1 Approving an Agreement between the City and
the University of Nebraska-Lincoln to
conduct stormwater quality monitoring to
meet the requirements of the City's NPDES
stormwater permit for a one-year period
from January 1, 2010 through December 31,
2010. (ADOPTED, 7-0; A-85702)
Fact Sheet (13K)
Attachment (751K)
15) 10R-18 Approving an Agreement between the City of
Lincoln, Lancaster County and the Omaha-Council
Bluffs Metropolitan Area Planning Agency to
obtain digital map products for the region.
(MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED,
7-0; A-85703)
Attachment (317K)
16) 10R-31 Approving an Agreement between the Lincoln-
Lancaster County Health Department and Cedars
Youth Services for the Health Department to
provide nursing assessment services at Boys Home
and TLC for a period of January 1, 2010 through
December 31, 2012. (ADOPTED, 7-0; A-85704)
Fact Sheet (36K)
Attachment (146K)
17) 10R-32 Approving a multi-year contract between the City
of Lincoln, Lancaster County, Lincoln-Lancaster
County Public Building Commission and AmSan
Nebraska, Inc. for custodial supplies/hardgoods.
(ADOPTED, 7-0; A-85705)
Fact Sheet (49K)
Attachment (2169K)
18) 10R-33 Approving a multi-year contract between the City
of Lincoln, Lancaster County, Lincoln-Lancaster
County Public Building Commission and NGC Group
Inc. for general construction projects less than
$10,000.00 each on an as-needed basis.
(ADOPTED, 7-0; A-85706)
Fact Sheet (44K)
Attachment (1187K)
19) 10R-34 Comp. Plan Conformance 09015 - Creating the
South Street Business Improvement District for
the provision of maintenance of certain public
facilities and improvements in the area of South
Street from the alley west of 9th Street east to
19th Street. (ADOPTED, 6-1; CAMP, CARROLL, COOK,
EMERY, SNYDER, SPATZ ASSENTING; HORNUNG DISSENTING;
A-85707)
Fact Sheet (460K)
Attachment (506K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEM 20
HAD 1ST READING)
20) 10-9 Approving the lease agreement between the
City and Slick Graphix for the lease of
office space by the Aging Partners
(formerly the Lincoln Area Agency on
Aging/LIFE) for its Aging Partners Personal
& Family Services program at 370 Fifth
Street, David City, NE 68632 for a term of
March 1, 2010 through February 28, 2011.
Fact Sheet (44K)
Attachment (61K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
21) 10-2 Amending Chapter 4.20 of the Lincoln
Municipal Code relating to the Library
Board by amending Section 4.20.010 to
provide that no Library Board director
shall serve more than one consecutive term
of seven years and amending Section
4.20.040 to change the content of the
Library Board's annual report to the City
Council and the date it shall be submitted.
(PASSED, 7-0; #19340)
Fact Sheet (35K)
22) 10-3 Amending Title 14 of the Lincoln Municipal
Code relating to Public Property and Public
Ways by adding a new Chapter 14.42 to
provide for the application of painted art
on local streets within the public right-
of-way in residential zoning districts.
(MTA #1 ADOPTED, 7-0; PASSED AS AMENDED,
7-0; #19341)
Fact Sheet (14K)
23) 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 2/1/2010) (ACTION DELAYED ONE WEEK TO 2/8/10, 7-0)
Fact Sheet (18K)
Attachment (362K)
Motion To Amend 1 (6K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
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)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, FEBRUARY 8, 2010, AT 3:00 P.M.
(APPROVED, 7-0)
37) 10R-46 Approving a multi-year contract between the City
of Lincoln, Lancaster County, Lincoln-Lancaster
County Public Building Commission and Becker
Construction Inc. for general construction
projects less than $10,000.00 each on an
as-needed basis.
Fact Sheet (40K)
Attachment (1225K)
38) 10R-35 Authorizing the execution and delivery of the
Lincoln Haymarket Joint Public Agency Agreement
and related documents.
Attachment (23K)
39) 10R-47 Directing submittal to the qualified electors of
the City a proposed general obligation bond
issue in an amount not to exceed $25 million for
construction of a new Lincoln Haymarket Arena
and related improvements at the May 11, 2010
primary election.
40) 10R-48 Approving a Memorandum of Understanding between
the City of Lincoln and the Board of Regents of
the University of Nebraska with respect to
construction of the Lincoln Haymarket Arena,
utilizing the JPA for financing and other
financial agreements related to Premium Seating,
and the subsequent lease of the Leased
Improvements to Athletics for the use of its
basketball teams for a 30 year term to commence
September 1, 2013.
Fact Sheet (18K)
Attachment (5394K)
41) 10R-37 Directing submittal to the qualified electors of
the City of a proposed Charter amendment
amending Art. IX, relating to Finance and
Taxation, by adding a new Section 26.b to allow
the City to establish and adopt a biennial
budget.
Fact Sheet (19K)
42) 10R-38 Approving a request of the U.S. Census Bureau to
encourage the community to partner with the U.S.
Census Bureau in achieving an accurate and
complete count in Census 2010.
Fact Sheet (8K)
43) 10R-39 Misc. No. 09010 - Declaring the State Fair Park
Redevelopment Area, consisting of approximately
251 acres generally bounded by 14th Street to
27th Street, between Salt Creek and Burlington
Northern and Santa Fe Railroad corridors, as
blighted and substandard.
Fact Sheet (2234K)
Attachment 1 (993K)
Attachment (6139K)
44) 10R-40 Approving the selection of a contractor pursuant
to the bids to be opened on January 28, 2010 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 the mill and overlay of Y Street from 18th
Street to 27th Street, P Street from 17th Street
to 27th Street, and N.W. 1st Street from W.
Highland Blvd. to W. Fletcher Ave., Project
LCLC-5236(2).
Fact Sheet (19K)
Attachment (45K)
45) 10R-41 Approving the selection of a contractor pursuant
to the bids to be opened on January 28, 2010 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 the mill and overlay of Holdrege Street
from 19th Street to 25th Street, Cornhusker
Highway from Russell Drive to 70th Street,
70th Street from Aylesworth Avenue to Adams
Street, Vine Street from 70th Street to Sierra
Drive and Adams Street from I-180 to 14th Street,
Project LCLC-5247(11).
Fact Sheet (19K)
Attachment (45K)
46) 10R-42 Approving the selection of a contractor pursuant
to the bids to be opened on January 28, 2010 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 the mill and overlay of O Street from 15th
Street to 25th Street, O Street from 29th Street
to 44th Street and O Street from Wedgewood Drive
to 84th Street, Project LCLC-34-6(140).
Fact Sheet (19K)
Attachment (45K)
47) 10R-43 Approving the selection of a contractor pursuant
to the bids to be opened on January 28, 2010 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 to widen, mill and overlay Holdrege Street
from 33rd Street to 47th Street, Project
LCLC-5244(7).
Fact Sheet (19K)
Attachment (45K)
48) 10R-44 Approving the selection of a contractor pursuant
to the bids to be opened on January 28, 2010 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 to widen, mill and overlay Holdrege Street
from 70th Street to 79th Street, Project
LCLC-5244(8).
Fact Sheet (19K)
Attachment (45K)
49) 10R-45 Approving the selection of a contractor pursuant
to the bids to be opened on January 28, 2010 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 to widen, mill and overlay 70th Street
from Vine Street to Aylesworth Avenue, Project
LCLC-5247(12).
Fact Sheet (19K)
Attachment (45K)
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 FEBRUARY ARE THE 8TH AND THE 22ND.
ADJOURNMENT 4:56 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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