City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 4, 2010 AT 3:00 P.M.
ALL MEMBERS PRESENT
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 20, 2010. (PLACED ON FILE)
2) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on September 27, 2010. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS - NONE
3) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
4) Application of Cobbler Inn, Inc. dba Don and
Randy Shoemakers Truck Station C-91078 for a
Class C liquor license at 4800 West O Street.
(ADOPTED FOR APPROVAL, 7-0; A-86029)
5) Manager Application of Randy G. Shoemaker for
Cobbler Inn, Inc. dba Don and Randy Shoemakers
Truck Station C-91078 at 4800 West O Street.
(ADOPTED FOR APPROVAL, 7-0; A-86030)
6) Application of SWIG, LLC for a special
designated license covering an outdoor area
measuring approximately 120 feet by 120 feet in
the parking lot at 1510 Q Street on October 15,
2010 from 5:00 p.m. to 11:00 p.m.
(ADOPTED FOR APPROVAL, 7-0; A-86031)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEM 7
HAD 2ND READING)
7) 10-130 Annexation No. 08013 - Amending the Lincoln
Corporate Limits Map by annexing approximately
15 acres of property generally located southeast
of the Salt Creek crossing at Warlick Boulevard.
Fact Sheet (499K)
Attachment (296K)
A SPECIAL PUBLIC HEARING SHALL BE HELD ON
THE FOLLOWING RESOLUTION
8) 10R-248 Approving the 2010-2011 City tax rate of 0.28788
per $100.00 of assessed valuation.
(ADOPTED, 7-0; A-86032)
Fact Sheet (83K)
PUBLIC HEARING - RESOLUTIONS
9) 10R-249 Approving a Contract Agreement between the City
and General Parts Distribution LLC for the
annual requirements for Vehicle/Equipment
Maintenance Parts and Accessories, pursuant to
Bid No. 10-108, for a three-year term with the
option for one additional one-year term.
(ADOPTED, 7-0; A-86033)
Fact Sheet (130K)
Attachment (3062K)
10) 10R-250 Approving two Contract Agreements between the
City and OSI Batteries and BatteryZone Inc. for
the annual supply for Radio Batteries, pursuant
to Bid No. 10-103, for four-year terms.
(ADOPTED, 7-0; A-86034)
Fact Sheet (121K)
Attachment (4036K)
11) 10R-247 Assessing Public Health Nuisance Abatement costs
associated with the clearing of public nuisances
by the Health Department to the following
benefitted properties: 1747 S. 15th, 1635 S.
16th, 5730 O, 1520 N. 25th, 844 Peach, 1425 N.
24th, 1437 S. 34th, 1834 Prospect, 720
Washington, 1020 Plum, 1520 N. 14th, 5601 M,
1645 Washington, 5427 Normal, 5359 Cooper, 1120
E, 1435 C, 1857 J, 2253 Orchard, 2928 S, 4626
Madison, 550 N.W. 8th, 2400 N, 2905 Vine, 2327
D, 436 S. 30th, 2436 S. 8th, 1608 N. 25th, 333
N. 24th, 3810 Dudley, 508 S. 25th, 619 S. 55th,
1942 Skyline, 2213 S.W. 19th. (CON'T P.H. W/ACTION
TO 10/11/10, 7-0)
Fact Sheet (100K)
Attachment (33028K)
12) 10R-242 Approving the Annual Financial Interlocal
Agreement between the City and the Railroad
Transportation Safety District for funding
construction of the 18th and Holdrege pedestrian
bridge over the OL&B railroad tracks.
(ADOPTED, 7-0; A-86035)
Fact Sheet (13K)
Attachment (150K)
13) 10R-243 Approving the Annual Financial Interlocal
Agreement between the City and the Railroad
Transportation Safety District for funding new
bridge construction of the S.W. 40th Street
Overpass over the BNSF rail yard and the paving
of approximately the first 900 feet of S.W. 40th
Street south of West O Street.
(ADOPTED, 7-0; A-86036)
Fact Sheet (13K)
Attachment (149K)
14) 10R-244 Approving the Annual Financial Interlocal
Agreement between the City and the Railroad
Transportation Safety District for funding
construction of the Harris Overpass on O Street
from 3rd to 9th Streets.
(ADOPTED, 7-0; A-86037)
Fact Sheet (12K)
Attachment (150K)
15) 10R-245 Approving the Annual Financial Interlocal
Agreement between the City and the Railroad
Transportation Safety District for funding
maintenance of the South Lincoln Quiet Zone
Project improvements.
(ADOPTED, 7-0; A-86038)
Fact Sheet (12K)
Attachment (400K)
16) 10R-246 Approving the Annual Financial Interlocal
Agreement between the City and the Railroad
Transportation Safety District for funding
maintenance of the South Salt Creek Quiet Zone
Project safety improvements.
(ADOPTED, 7-0; A-86039)
Fact Sheet (12K)
Attachment (149K)
17) 10R-237 Approving a Master Development Agreement between
the City and BNSF to provide for a land exchange
needed to create the new BNSF rail corridor and
the site for the West Haymarket Project
improvements; to provide for the removal of BNSF
improvements on the property to be acquired by
the City from BNSF; to provide for BNSF's
construction of replacement tracks and related
improvements; and to provide for BNSF's granting
of certain license and easement rights to the
City for Right of Entry Work related to the West
Haymarket Project Improvements. (Related
Items: 10R-237, 10R-238, 10R-239, 10R-240)
(Request to con't. P.H. w/Action on 10/4/10)
(9/27/10 - P.H. w/Action con't to 10/4/10)
(CON'T P.H. W/ACTION TWO WEEKS TO 10/18/10, 7-0)
Attachment (134K)
18) 10R-238 Approving a Land Exchange Agreement between the
City and BNSF for acquisition of property from
BNSF for the West Haymarket Project.
(Related Items: 10R-237, 10R-238, 10R-239,
10R-240) (Request to con't. P.H. w/Action on
10/4/10) (9/27/10 - P.H. w/Action con't to
10/4/10) (CON'T P.H. W/ACTION TWO WEEKS TO
10/18/10, 7-0)
Attachment (131K)
19) 10R-239 Approving a Construction and Maintenance
Agreement between the City and BNSF to provide
for terms and conditions regarding construction
of the City's rights of entry work under the
Master Development Agreement for the West
Haymarket Project. (Related Items: 10R-237,
10R-238, 10R-239, 10R-240) (Request to con't.
P.H. w/Action on 10/4/10) (9/27/10 - P.H.
w/Action con't to 10/4/10) (CON'T P.H. W/ACTION
TWO WEEKS TO 10/18/10, 7-0)
Attachment (107K)
20) 10R-240 Approving a Third Assignment and Assumption
Agreement between the City and the West
Haymarket Joint Public Agency to provide for the
City's assignment of its rights, interests,
duties and obligations under the Master
Development Agreement, Land Exchange Agreement
and Construction and Maintenance Agreement for
the West Haymarket Project to the West Haymarket
Joint Public Agency. (Related Items: 10R-237,
10R-238, 10R-239, 10R-240) (Request to con't.
P.H. w/Action on 10/4/10) (9/27/10 - P.H.
w/Action con't to 10/4/10) (CON'T P.H. W/ACTION
TWO WEEKS TO 10/18/10, 7-0)
Attachment (48K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
NONE
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
21) 10-126 Street Name Change 10006 - Renaming South 87th
Street as "Ellie Lane" located in the Boulder
Run Addition, generally located at South 84th
Street and Barkley Drive. (PASSED, 6-1; CARROLL,
COOK, EMERY, HORNUNG, SNYDER, SPATZ ASSENTING;
CAMP DISSENTING; #19457)
Fact Sheet (795K)
22) 10-127 Amending Section 5.38.075 of the Lincoln
Municipal Code relating to the appeal procedure
for persons aggrieved by a decision, notice or
order of the Building Official for a permit to
maintain or operate a rooming house, lodging
house, apartment house, motel or hotel, to
correct an outdated LMC section and chapter
reference. (PASSED, 7-0; #19458)
Fact Sheet (18K)
23) 10-128 Authorizing the City of Lincoln to enter into a
lease-purchase transaction with Union Bank and
Trust Company, Lincoln, Nebraska, in an amount
not to exceed $8,000,000 for the acquisition of
the Experian building and renovations to the
same. (Related Items: 10-128, 10R-236,
10R-241) (PLACED ON PENDING TO HAVE P.H. &
ACTION ON 10/25/10, 7-0)
24) 10R-236 Amending the 2010/2011 - 2015/2016 Capital
Improvements Program Budget to add a new project
in year one to the Public Works & Utilities
Street Maintenance program to include the lease
purchase of the Experian facility at 901 and 949
West Bond Street. (Related Items: 10-128,
10R-236, 10R-241) (Action Date: 10/4/10)
(PLACED ON PENDING TO HAVE P.H. & ACTION ON
10/25/10, 7-0)
Fact Sheet (13K)
25) 10R-241 Approving a Real Estate Purchase and Sale
Agreement between the City of Lincoln and
Experian Marketing Solutions, Inc. for the
purchase of the Experian facility generally
located at 901 and 949 West Bond Street.
(Related Items: 10-128, 10R-236, 10R-241)
(Action Date: 10/4/10) (PLACED ON PENDING TO HAVE
P.H. & ACTION ON 10/25/10, 7-0)
Attachment (603K)
26) 10-129 Approving a Lease Agreement between the Airport
Authority and the City for the lease of storage
space by the Lincoln-Lancaster County Health
Department for a term of December 1, 2010
through November 30, 2011.
(PASSED, 7-0; #19459)
Fact Sheet (87K)
Attachment (352K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
27) 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)
28) 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)
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)
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)
35) 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)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, OCTOBER 11, 2010, AT 3:00 P.M.
(APPROVED, 7-0)
36) 10R-251 Reappointing John Baylor, Beatty Brasch and Kim
Phelps to the StarTran Advisory Board for terms
to expire October 20, 2013.
37) 10R-252 Reappointing Janet Goodman-Banks, Olga Kanne,
and Colette Polite to the Multicultural Advisory
Committee for terms to expire September 18,
2013.
38) 10R-259 Appointing Ashley McWilliams to the
Multicultural Advisory Committee to fill an
unexpired term expiring September 18, 2012.
Attachment (63K)
39) 10R-253 Appointing Andy Pollock to the Cable Advisory
Board to fill an unexpired term expiring July 1,
2012.
Attachment (34K)
40) 10R-260 Appointing Randy Jones to the Keno Advisory
Board for a term to expire July 1, 2013.
Attachment (59K)
41) 10R-261 Reappointing Marvona Easley Tavlin to the Keno
Advisory Board for a term to expire July 1,
2013.
42) 10R-254 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of September
16 - 30, 2010.
Fact Sheet (14K)
Attachment (20K)
43) 10R-255 Approving the four-year contract between Dickey
& Burham, Inc. and the City of Lincoln for the
provision of snow and ice removal for the
Ashland Water Treatment Plant.
Fact Sheet (136K)
Attachment (1734K)
44) 10R-256 Approving the Interlocal Agreement between Wyuka
Cemetery and the City of Lincoln for conserving
and improving the existing pond that is part of
the urban drainage system generally located
adjacent to "O" Street at the main entrance to
Wyuka.
Fact Sheet (13K)
Attachment (215K)
45) 10R-257 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 period of one year from January 1,
2011 through December 31, 2011.
Fact Sheet (13K)
Attachment (1369K)
46) 10R-258 Approving the First Amendment to the Interlocal
Agreement between the Lower Platte South Natural
Resources District and the City of Lincoln for
the development of a natural play space in
Belmont Park to expand the scope of that
agreement to include Union Plaza and other
natural play spaces which the parties may agree
upon and to provide for additional funding from
the LPSNRD in the amount of $60,000.00.
Fact Sheet (106K)
Attachment (102K)
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 OCTOBER ARE
THE 11TH AND 25TH.
ADJOURNMENT 3:25 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.
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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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