InterLinc Home Page
lincoln.ne.gov
City of Lincoln
City of Lincoln
City Council Office

Formal Agenda


    ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
              MONDAY, JUNE 14, 2010 AT 3:00 P.M.

              ALL MEMBERS PRESENT EXCEPT CAMP


                      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)            Lincoln Water & WasteWater System Recapitulation
               of Daily Cash Receipts for May 2010. (PLACED ON
               FILE)

 2)            Report from City Treasurer of Franchise Tax for
               the month of April 2010 from Black Hills/Nebraska
               Gas Utility Company, LLC. (PLACED ON FILE)

 3)            Report from City Treasurer of City Cash on Hand at
               the close of business April 30, 2010. (PLACED ON
               FILE)

 4)            Report from City Treasurer of E-911
               Telecommunication Surcharge for the month of
               January to March 2010: TWC Digital Phone,
               Windstream;  March 2010: Charter Fiberlink-
               NE; April 2010 - Level 3, Budget Prepay,
               AT&T of Midwest, Comtel, ACN, MCI, Windsteam
               Nebraska, Nextel, Sprint Spectrum, 8x8, Qwest,
               Granite, TWC Digital Phone, Vonage America,
               iNetworks. (PLACED ON FILE)

 5)            Report from City Treasurer of Telecommunication
               Occupation Tax for January to March 2010:
               MCI, Matrix, Reliance; January, February &
               March  2010: Nebraska Technology; March
               2010: Verizon, Omaha Cellular, Cricket, Virgin
               Mobile USA, TWC Digital Phone, AT&T of Midwest,
               Qwest, WWC, Alltel of NE, New Cingular, USCOC of
               Greater Iowa, Norstan, Working Assets, Network
               Billing, Public Comm., UCN, Global Crossing, USCOC
               of NE/KS, IDT Domestic, Arizona Telephony, Primus,
               Intellicall Operator, AireSpring, AccessLine,
               McLeodUSA, Cellco, Sioux City MSA, ACN, Granite,
               Comtel, XO Comm., OnStar, Telecorp, Trans Nat'l,
               Globalstar USA, TracFone, TCG Omaha, VoiceCom,
               CTI, Broadwing, New Edge, Cincinnati Bell,
               Business Telecom, CIMCO, KDDI America, TON
               Services, IBM Global; April 2010: D&D,
               Unite Private, MCI, Norlight, BT Americas,
               Tri-M, Zone, Enhanced, Lightyear, Nextel
               West, Globalcom, Grasshopper Group, Novega
               Venture, i-wireless, DCT, SBC, First Comm.,
               360networks, NOS, NOSVA, Pioneer, IBFA. Wholesale
               Carrier, TSG, Total Holdings, Yestel USA, Covista,
               ATS. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 6)            FOLLOWING HAVE BEEN PLACED ON FILE IN THE CITY 
               CLERK'S OFFICE:
               Administrative Amendment No. 10017 to Use
               Permit No. 130A, Pioneer Woods, approved by the
               Planning Director on June 2, 2010, requested by
               Olsson Associates, to expand the boundary of the
               use permit and amend the site plan to include Lot
               10 (previously shown as Lot 6 in Use Permit No.
               144) and to revise the General Notes and Land Use
               Table on Sheet 2 of 4 accordingly, on property
               generally located to the northeast of S.
               70th Street and Pioneers Boulevard. 
               Administrative Amendment No. 10018 to Use
               Permit No. 144, Pioneer Woods, approved by the
               Planning Director on June 2, 2010, requested by
               Olsson Associates, to amend the site plan on Sheet
               1 of 4 by reducing the boundary of the use permit
               to exclude Lot 6 (now shown as Lot 10 in Use
               Permit No. 130A) and to revise the General Notes
               and Land Use Table on Sheet 2 of 4 accordingly, on
               property generally located to the northeast of S.
               70th Street and Pioneers Boulevard. 
               Administrative Amendment No. 10033 to Special
               Permit No. 10009, approved by the Planning
               Director on June 4, 2010, requested by Baylor,
               Evnen, Curtiss, Grimit & Witt, LLP, to allow an
               extension of up to six months from the date of
               approval of the special permit to return the
               signed letter of acceptance for Special Permit No.
               10009 for the authority to sell alcohol for
               consumption off the premises, on property
               generally located at N. 48th Street and
               Huntington Avenue.  
               Administrative Amendment No. 10034 to Special
               Permit No. 10010, approved by the Planning
               Director on June 4, 2010, requested by Baylor,
               Evnen, Curtiss, Grimit & Witt, LLP, to allow an
               extension of up to six months from the date of
               approval of the special permit to return the
               signed letter of acceptance for Special Permit No.
               10010 for the authority to sell alcohol for
               consumption off the premises, on property
               generally located at N. 84th Street and
               Northern Lights Drive. 
               Administrative Amendment No. 10035 to Special
               Permit No. 10011, approved by the Planning
               Director on June 4, 2010, requested by Baylor,
               Evnen, Curtiss, Grimit & Witt, LLP, to allow an
               extension of up to six months from the date of
               approval of the special permit to return the
               signed letter of acceptance for Special Permit No.
               10011 for the authority to sell alcohol for
               consumption off the premises, on property
               generally located at Wedgewood Drive and "O"
               Street. 

 7)            Setting the Hearing Date of Monday, June 21, 2010
               at 3:00 p.m. for the Application of Vincenzo's
               Inc. dba Vincenzo's Ristorante to request a
               deletion of courtyard area, making license
               description to read: First floor & basement
               approximately 40' x 152' of four story building
               plus portion of public hallway, including sidewalk
               caf‚ 32' x9' to the south located at 808 P Street,
               Suite 100.  (ADOPTED, 6-0; A-85887)


 8)  MISCELLANEOUS REFERRALS

                    - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

 9)            Application of John McManus dba Heidelberg's North
               for a special designated liquor license covering
               an area measuring approximately 150 feet by 300
               feet in the parking lot at 4620 Bair Avenue on the
               25th day of June, 2010 from 8:00 p.m. to 1:00 a.m.
               (ADOPTED FOR APPROVAL, 6-0; A-85888)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 10 THRU 16 HAD 2ND READING; SEE ITEM 10)
 

10)  10-58     Authorizing the issuance of not to exceed
               $22,500,000 principal amount of the City of
               Lincoln general obligation bond anticipation
               notes and $27,500,000 of the City of Lincoln
               general obligation tax anticipation notes.
               (P.H. con't. 1 week to 6/14/10, w/Action
               6/21/10) (PUBLIC HEARING CONTINUED FOR ONE WEEK
               TO 6/21/10 W/ACTION ON 6/28/10, 6-0)

11)  10-65     Approving a Sublease Agreement between the
               City and Experience Works at the One Stop
               Center at 1010 N Street for providing job
               training and employment services under the
               Workforce Investment Act for a one-year term
               from April 1, 2010 through March 31, 2011.
               Fact Sheet (44K)
               Attachment (983K)

12)  10-64     Amending Section 5.04.130 of the Lincoln
               Municipal Code to amend the provisions
               restricting retail liquor sales on Sunday to
               allow retail sales of all liquor both on and
               off sale between the hours of 6:00 a.m. and
               12:00 noon on Sunday, July 4, 2010.
               Fact Sheet (40K)

13)  10-60     Vacation 10001 - Vacating North 21st Street
               from the north line of Vine Street to the
               south line of previously vacated North 21st
               Street.
               Fact Sheet (624K)

14)  10-61     Vacation 10005 - Vacating a portion of the
               North 14th Street right-of-way generally
               located at the southeast corner of North 14th
               Street and Salt Creek Roadway.
               Fact Sheet (725K)

15)  10-62     Vacation 09007 - Vacating various rights-of-
               way in Antelope Valley located generally in
               the area of North 14th and Court Streets;
               North 16th and Y Streets; and North 12th and
               Charleston Streets.
               Fact Sheet (2885K)

16)  10-66     Street Name Change 10001 - Naming and re-
               naming portions of realigned South 1st
               Street, West Denton Road, and Amaranth Lane
               as West Denton Road, Schmidt Drive, Schmidt
               Place, Schmidt Court, West Amaranth Lane and
               South 1st Street.
               Fact Sheet (896K)


PUBLIC HEARING - RESOLUTIONS

17)  10R-132   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of May 16 - 31,
               2010. (ADOPTED, 6-0; A-85889)
               Fact Sheet (14K)
               Attachment (20K)

18)  10R-133   Approving a multi-year contract between Morning
               Pride Manufacturing dba Honeywell First Responder
               Products and the City of Lincoln for annual
               requirements for Fire Turn-Out Gear (Bid No.
               10-072) for a two-year term with option for one
               additional two-year term.(ADOPTED, 6-0; A-85890)
               Fact Sheet (46K)
               Attachment (1280K)

19)  10R-130   Approving and accepting a Grant Award Notification
               from the Nebraska Department of Education to the
               Lincoln-Lancaster County Health Department in the
               amount of $21,250.00 for the Child Care Connection
               for Parents of Children with Special Needs for a
               period of May 1, 2010 through September 30, 2011.
               (ADOPTED, 6-0; A-85891)
               Fact Sheet (37K)
               Attachment (1162K)

20)  10R-128   Approving an Agreement between the City and the
               State of Nebraska Department of Roads for the use
               of Surface Transportation Program funds for the
               Lincoln Cavett Connector Trail and rescinding
               Resolution A-85821.(ADOPTED, 6-0; A-85892)
               Fact Sheet (50K)
               Attachment (626K)

21)  10R-129   Approving a Conservation Easement Agreement
               between the City, the State of Nebraska Department
               of Roads and the Lower Platte South NRD to protect
               floodplain conveyance and storage, floodprone
               areas and other natural features such as wetlands,
               drainageways and woodlands over approximately 6.02
               acres generally located southeast of U.S. Highway
               77 and Warlick Boulevard.(ADOPTED, 6-0; A-85893)
               Fact Sheet (12K)
               Attachment (316K)

                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 22 THRU 27 HAD 1ST READING)

22)  10-68     Authorizing the issuance of Series A and
               Series B tax allocation bonds with a total
               not to exceed $2.494 million for the City of
               Lincoln, Haymarket Hotel and Tool House
               Redevelopment Project. (Related Items: 10-68,
               10R-138, 10R-139)

23)  10R-138   Approving an amendment to the FY 09/10 CIP to
               authorize and appropriate $2.494 million in TIF
               funds for the Haymarket Hotel and Tool House
               Redevelopment Project generally located between
               8th and 9th, Q and R Streets. (Related Items:
               10-68, 10R-138, 10R-139) (Action Date:
               6/28/10)
               Fact Sheet (28K)

24)  10R-139   Approving the Haymarket Hotel and Tool House
               Redevelopment Agreement between B&J Partnership,
               Ltd. and the City relating to the redevelopment of
               property generally located between 8th and 9th, Q
               and R Streets. (Related Items: 10-68, 10R-138,
               10R-139) (Action Date: 6/28/10) 
               Fact Sheet (28K)
               Attachment (2830K)

25)  10-69     Change of Zone 10011 - Amending Chapter 27.69
               of the Lincoln Municipal Code relating to
               Signs by amending Section 27.69.020 to delete
               the definition of Pedestrian Marquee Sign;
               amending Section 27.69.030 to amend the
               general provisions to provide that for Center
               signs permitted on a "per frontage" basis,
               frontage shall mean the frontage of the
               Center adjacent to an arterial or collector
               street; and to delete the general provision
               regarding pedestrian marquee signs; amending
               Section 27.69.220 to add an exception to the
               requirement that a complex or subdivision
               freestanding sign abutting a residential
               zoned lot may not be illuminated unless
               located at least 100 feet from an abutting
               residential zoned lot if the abutting
               residential zoned lot is used for another
               multi-family use or a special permitted use; 
               and amending Section 27.69.340 to eliminate
               restrictions regarding height and
               illumination of freestanding signs used for
               office and retail uses.
               Fact Sheet (18K)

26)  10-70     Change of Zone 10012 - Amending Chapter 27.63
               of the Lincoln Municipal Code relating to
               Special Permits by amending Section 27.63.680
               and 27.63.685 regarding the sale of alcoholic
               beverages for consumption on and off the
               premises, respectively, to add a requirement
               that the licensed premises must be located no
               closer than 100 feet from the property line
               of a premises which is occupied in whole or
               part by a first-floor residential use and to
               clarify that the required 100-foot separation
               from a day care facility, park, church, or
               state mental institution is measured from the
               licensed premises to the property line of the
               premises used for the day care facility,
               park, church, or state mental health
               institution.
               Fact Sheet (208K)

27)  10-71     Change of Zone 10013 - Amending Title 27 of
               the Lincoln Municipal Code by amending
               Chapter 27.03, Definitions, to add a new
               Section numbered 27.03.162 to provide a
               definition for data center and amending
               Section 27.67.040 to establish parking
               requirements for data centers.
               Fact Sheet (17K)


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)

28)  10-57     Authorizing the City of Lincoln to enter into
               a lease-purchase transaction with Union Bank
               and Trust Company for the acquisition of
               street lighting equipment and ambulances and
               related matters.(ACTION DELAYED ONE WEEK 
               TO 6/21/10, 6-0)
               Motion To Amend (251K)

29)  10-56     Amending Section 9.44.040 of the Lincoln
               Municipal Code relating to the sale of
               permissible fireworks by changing the date by
               which applications for license as a retailer
               of permissible fireworks must be filed with
               the Chief of the Bureau of Fire Prevention
               from June 23 to June 10, increasing the fee
               for late filing of said application from
               $25.00 to $50.00, and increasing the
               application fee from $75.00 to $100.00, to
               harmonize with the provisions of Section
               19.03.100 of the Lincoln Fire Code.
                (PASSED, 6-0; #19394)
               Fact Sheet (38K)

30)  10-59     Vacation 10002 - Vacating that portion of the
               north-south alley between S. 15th Street and
               S. 16th Street from South Street to
               approximately 210 feet north of South Street.
               (PASSED, 6-0; #19395)
               Fact Sheet (518K)


PENDING LIST - DATE CERTAIN

31)  10R-124   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of May 1 - 15,
               2010. (6/7/10 - Claim of Dale Gardner P.H.
               con't. 2 wks. to 6/21/10)
               Fact Sheet (14K)
               Attachment (22K)


PENDING LIST	(EXTENDED ONE WEEK)

32)  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)

33)  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)

34)  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)

35)  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)

36)  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)

37)  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)
               
38)  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)

39)            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)

40)  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)

41)  10-48     Approving the lease agreement between the
               City and Erik Alm for the lease of office
               space by Aging Partners for its Personal &
               Family Services program at 1325 N. Chestnut
               Street, Wahoo, NE 68066 for a term of July 1,
               2010 through June 30, 2011.  (5/24/10 -
               Placed on Indefinite Pending)
               Fact Sheet (72K)
               Attachment (69K)


   WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
    PUBLIC HEARING ON MONDAY, JUNE 21, 2010, AT 3:00 P.M.
						(APPROVED, 6-0)

42)  10R-136   Approving a Contract Agreement between the City,
               Lancaster County, the Lincoln Lancaster County
               Public Building Commission and G&M Window Service,
               LLC for the annual requirements for window
               cleaning, pursuant to Bid No. 10-041, for a
               four-year term.
               Fact Sheet (46K)
               Attachment (1613K)

43)  10R-142   Approving a Contract Agreement between the City of
               Lincoln and Parker Ag Services, LLC for Liquid
               Injection of Biosolids, pursuant to Bid No.
               10-056, for a two-year term with the option for
               one additional two-year term.
               Fact Sheet (50K)
               Attachment (1137K)

44)  10R-134   Appointing Andrew Budell to the Board of Zoning
               Appeals for a term expiring February 1, 2013.
               Attachment (25K)

45)  10R-135   Reappointing Karla Lester, Dr. Lisa Peterson and
               Heidi Stark to the Lincoln-Lancaster County Board
               of Health for three-year terms expiring April 15,
               2013.

46)  10R-137   Approving an agreement between the City on behalf
               of the Lincoln-Lancaster County Health Department
               and the University of Nebraska for practicum or
               shadowing experiences for students in methods of
               Working with Infants in Programs and Communities,
               the Dietetic Internship Program and Early
               Childhood Special Education Programs, for a two
               year term from July 1, 2010 through June 30, 2012.
               Fact Sheet (40K)
               Attachment (254K)

47)  10R-140   Special Permit 07044A - Application of First
               Presbyterian Church to allow parking in the front
               yard of a parking lot in a residential district
               generally located at South 18th Street and F
               Street.
               Fact Sheet (1100K)

48)  10R-141   Special Permit 10023 - Application of 3 Amigos
               Properties, LLC to allow a parking lot in a
               residential district with adjustments to allow
               parking in the front yard on property generally
               located northwest of the intersection of South
               52nd Street and N Street.
               Fact Sheet (857K)

49)  10R-131   Approving the City of Lincoln Redevelopment
               Agreement (Little Saigon Redevelopment Project)
               between the City and Hung T. Nguyen and Thuy
               Nguyen for the redevelopment of property generally
               located at 2640 W Street as commercial/retail
               space. (Introduction Delayed to 6/14/10)
               Fact Sheet (83K)
               Attachment (521K)
               Attachment (62K)

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 JUNE ARE THE 14TH AND 28TH.
     

ADJOURNMENT	3:45 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





City Council
Meetings