City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 12, 2010 AT 3:00 P.M.
ALL MEMBERS PRESENT
MAYOR'S ANNUAL AWARD OF EXCELLENCE WAS PRESENTED TO JASON BROWNELL,
POLICE OFFICER OF LPD, FOR CUSTOMER RELATIONS, PRODUCTIVITY, AND SAFETY.
MAYOR'S ANNUAL HONORABLE MENTION AWARD OF EXCELLENCE PRESENTED TO A
TEAM FROM PARKS & RECREATION FORESTRY SECTION, DENNIS GARTNER, JEFF GRUBER,
ALLEN KEEN, JOE PETT, ANDY WALKER, IN THE CATEGORY OF CUSTOMER RELATIONS,
PRODUCTIVITY, AND SAFETY.
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) 10R-92 Appointing Joy M. Ward to the Lincoln Housing
Authority Board to fill an unexpired term
expiring July 1, 2010. (ADOPTED, 7-0; A-85805)
Attachment (25K)
2) 10R-93 Appointing Janet Goodman-Banks to the Mayor's
Multicultural Advisory Committee to fill an
unexpired term expiring September 18, 2010.
(ADOPTED, 7-0; A-85806)
Attachment (62K)
3) 10R-94 Reappointing Michael Justus to the Audit
Advisory Board for a three-year term expiring
March 1, 2013.(ADOPTED, 7-0; A-85807)
Attachment (30K)
4) 10R-95 Appointing Shirley Mora James to the Citizen
Police Advisory Board for a three-year term
expiring November 17, 2012.(ADOPTED, 7-0;
A-85808)
Attachment (74K)
5) Approving the Assessment Resolution for North
27th Street Maintenance Business Improvement
District and assessing the cost against the
benefitted properties. (ADOPTED, 7-0; A-85809)
6) Approving the Assessment Resolution for
University Place Maintenance Business
Improvement District and assessing the cost
against the benefitted properties.
(ADOPTED, 7-0; A-85810)
7) City Clerk Letter and Mayor's approval of
Ordinances & Resolutions passed by Council on
March 29, 2010. (PLACED ON FILE)
8) Report from City Treasurer of Franchise Tax for
the month of February, 2010 from Black
Hills/Nebraska Gas Utility Co., LLC.(PLACED ON
FILE)
9) Report from City Treasurer of E911Surcharge Tax
for October 1, 2009 to December 31, 2009: TWC
Digital Phone; January, 2010: Charter Fiberlink-
Nebraska, 8x8, Level 3,Level 3, Qwest, Granite,
TWC Digital Phone,; February, 2010: iNetworks
Group, iNetworks Group, 8x8, Qwest, Granite,
AT&T of Midwest, Level 3, Level 3, Budget
Prepay, Vonage America, TWC Digital Phone, ACN,
Comtel Telcom Assets. (PLACED ON FILE)
10) Report from City Treasurer of Telecommunication
Occupation Tax for January, 2010: Cricket,
Sprint Spectrum, Sprint, USCOC of Greater Iowa,
TWC Digital Phone, Virgin Mobile USA, Qwest,
AT&T of Midwest, New Cingular Wireless, Alltel
of NE, Omaha Cellular, Verizon Wireless, WWC
License, Windstream Nebraska, Norstan Network,
Novega Venture Partners, Cellco Partnership,
Sioux City MSA, Working Assets Funding Service,
Nextel West, Tri-M, IBM Global, KDDI America,
Public Communications Services, Granite, Trans
National Comm. International, TON Services,
CIMCO, USCOC of NE/KS, ACN, UCN, Telecorp, XO
Comm. Services, McLeodUSA, OnStar, Primus,
Global Crossing, Intellicall Operator Services,
New Edge Networks, Cincinnati Bell Any Distance,
Arizona Telphony, Broadwing, TCG Omaha, TracFone
Wireless, Globalstar USA, CTI Long Distance,
VoiceCom, Network Billing Systems, Norlight;
February, 2010: Unite Private Networks,
Windstream Nebraska, Sprint, Nextel, Sprint
Spectrum, Cricket, D&D, i-wirelss, Norstan
Network Services, Nextel West, Norlight,
Business Telecom, Novega Venture Partners,
Grasshopper Group, BT Americas, NOSVA, IBFA
Acquisitions, Covista, Enhanced Comm. Networks,
Lightyear Network Solutions, Zone Telecom, SBC
Long Distance, First Comm., Globalcom, TSG
Global, 360networks (USA), Total Holdings,
Wholesale Carrier Services, NOS, Yestel USA, DCT
Telecom, ATS Mobile Telephone, Pioneer
Telephone; March, 2010: NEXTEL. (PLACED ON
FILE)
PETITIONS & COMMUNICATIONS
11) THE FOLLOWING HAVE BEEN PLACED ON FILE IN THE
OFFICE OF THE CITY CLERK:
Administrative Amendment No. 10012 to Use
Permit/Special Permit No. 19A, Lincoln Surgical
Center, approved by the Planning Director on
March 31, 2010, requested by Robert Findley, to
revise the building layout by relocating 3,000
square feet of floor area previously approved as
a 'Clinic/Hospital Addition' at the west edge of
the clinic/hospital to the northeast corner of
the hospital and designating it as
'Sterilization Area' and amending the notes
accordingly. Please note that if this addition
is built, there is no more previously approved
floor area to relocate on the site. That is,
any future addition beyond what is shown on the
site plan will require approval by the Planning
Commission after a public hearing and notice to
surrounding property owners within 200 feet, as
stated in Note #1 on the site plan. Property is
generally located at Lincolnshire Road and S.
70th Street
12) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone No. 10009 - Application of
Olsson Associates, from O-3 Office Park District
to B-2 Planned Neighborhood Business District,
on property legally described as Lot 1, Pioneer
Woods 8th Addition, located in the SW 1/4 of Section
3-9-7, Lancaster County, Nebraska, generally located
at Pioneers Boulevard and Pioneer Woods Drive.
Special Permit No. 10017 - Application of
Trent Young, for expansion of a nonstandard
dwelling unit, to enlarge the garage that
encroaches into the front yard setback, on
property legally described as Lot 12, Block 56,
Havelock, located in the NE 1/4 of Section 9-10-
7, Lancaster County, Nebraska, generally located
at N. 67th Street and Logan Avenue 6640 Logan Avenue).
The Planning Commission action is final action, unless
appealed to the City Council.
Special Permit No. 10018 - Application of
Jerry Hausmann, to operate a tree service, on
property legally described as the NE 1/4 of the
SE 1/4 of Section 29-10-6, Lancaster County,
Nebraska (excepting 19.79 acres, more or less,
as set forth in Instrument #2009-004295),
generally located at S.W. 27th Street and W.
A Street. The Planning Commission action
is final action, unless appealed to the City
Council.
Special Permit No. 10019 - Application of
Recycling Enterprises of Nebraska, Inc., to
operate a scrap processing and salvage yard, on
property legally described as Lot 45 I.T.,
located in the SW 1/4 of Section 34-11-7,
Lancaster County, Nebraska, generally located at
N. 70th Street and Fletcher Avenue. The Planning
Commission action is final action,unless appealed
to the City Council.
13) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 14 & 15 HAD 2ND READING)
14) 10-34 Amending the pay schedule for a certain
employee group assigned to the pay range
which is prefixed by the letter A by
changing the pay range of the
classification Crime Analysis Manager.
Fact Sheet (43K)
15) 10-35 Change of Zone 10004 - Application of Juan
and Dana Rodriguez for Proyecto Cultural
for a change of zone from I-1 Industrial
District to B-3 Commercial District, on
property generally located at North 22nd
Street and Y Street.
Fact Sheet (626K)
PUBLIC HEARING - RESOLUTIONS
16) 10R-100 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of March 16 -
31, 2010.(ADOPTED, 7-0; A-85811)
Fact Sheet (14K)
Attachment (24K)
17) 10R-96 Approving a multi-year contract for Fuel Tank
Maintenance and Service between the City of
Lincoln, Lancaster County and Vanguard
Industries, Inc. for a four-year term.
(ADOPTED, 7-0; A-85812)
Fact Sheet (52K)
Attachment (754K)
18) 10R-98 Approving a multi-year contract for Portable
Chemical Toilet Service between the City,
Lancaster County and Eagle Services for a four
year term. (ADOPTED, 7-0; A-85813)
Fact Sheet (60K)
Attachment (759K)
19) 10R-97 Ordering Paving District No. 2630 constructed
from the intersection of Betty Lou Blvd. and
Glynoaks Drive to the west side of 84th Street
at Augusta Drive, and assessing the cost thereof
against the benefitted property.(ADOPTED, 7-0;
A-85814)
Fact Sheet (12K)
Attachment (4858K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 20 THRU 22 HAD 1ST READING)
20) 10-36 Approving the Lease Agreement between the
City and Dittmer & Dittmer of Crete for the
lease of office space by Aging Partners for
its Personal & Family Services program at
1005 E. Highway 33, Suite 6, Crete, NE
68632 for a term of June 1, 2010 through
May 31, 2011.
Fact Sheet (50K)
Attachment (63K)
21) 10-37 Approving the transfer of unspent and
unencumbered appropriations and cash (if
any) between certain capital improvement
projects within the Street Construction
Fund and Water Construction Fund within the
Public Works & Utilities Department.
Fact Sheet (12K)
22) 10-38 Approving the Lease Agreement between the
City and Lynnette McGill for the construction
and placement of telecommunications facilities
on property generally located near Hallam, Nebraska
for a 25-year term.
Fact Sheet (20K)
Attachment (509K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
23) 10-31 Approving a contract between the City and
Lincoln Haymarket Development Corp. to
operate and regulate a Saturday public
market in the Haymarket area, 7th Street
from P to Q Streets and P Street from 7th
to 8th Streets from May 1, 2010 through
October 9, 2010 and on 8th Street from P to
Q Street from June 5, 2010 through August
28, 2010. (3/22/10 - P.H. Delayed to
4/5/10) (PASSED, 7-0; #19372)
Fact Sheet (55K)
Attachment (338K)
24) 10-32 Authorizing the execution and delivery of a
Lease Agreement; a Deed of Trust, Security
Agreement and Assignment of Rents and
Leases; and, a Tax Compliance Agreement in
connection with the issuance of not to
exceed $3,362,000 principal amount of the
City's Industrial Development Promissory
Revenue Note (Nebraska School Activities
Association) Series 2010. (PASSED, 7-0;
#19373)
Attachment 1 (172K)
Attachment 2 (94K)
Attachment 3 (80K)
25) 10-33 Amending Section 9.44.010 of the Lincoln
Municipal Code relating to fireworks
regulation to define "permissible
fireworks" in the City of Lincoln to
correspond with permissible or consumer
fireworks as defined in Nebraska statutes.
(PASSED, 5-2; CARROLL, EMERY, HORNUNG,
SNYDER, SPATZ ASSENTING; CAMP, COOK DISSENTING;
#19374)
Fact Sheet (23K)
Motion To Amend (9K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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, APRIL 19, 2010, AT 3:00 P.M.
NONE
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 APRIL ARE THE
12TH AND THE 26TH.
ADJOURNMENT 3:51 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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