City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 11, 2010 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT EMERY
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF SEPTEMBER WAS PRESENTED
TO BILL LUXFORD. PUBLIC INFORMATION SPECIALIST III, FOR THE CITIZEN INFORMATION
CENTER DIVISION OF THE MAYOR'S DEPARTMENT IN THE CATEGORIES OF CUSTOMER RELATIONS
AND PRODUCTIVITY.
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) 10R-251 Reappointing John Baylor, Beatty Brasch and Kim
Phelps to the StarTran Advisory Board for terms
to expire October 20, 2013. (ADOPTED, 6-0; A-86040)
2) 10R-252 Reappointing Janet Goodman-Banks, Olga Kanne,
and Colette Polite to the Multicultural Advisory
Committee for terms to expire September 18, 2013.
(ADOPTED, 6-0; A-86041)
3) 10R-259 Appointing Ashley McWilliams to the
Multicultural Advisory Committee to fill an
unexpired term expiring September 18, 2012.
(ADOPTED, 6-0; A-86042)
Attachment (63K)
4) 10R-253 Appointing Andy Pollock to the Cable Advisory
Board to fill an unexpired term expiring July 1,
2012. (ADOPTED, 6-0; A-86043)
Attachment (34K)
5) 10R-260 Appointing Randy Jones to the Keno Advisory
Board for a term to expire July 1, 2013.
(ADOPTED, 6-0; A-86044)
Attachment (59K)
6) 10R-261 Reappointing Marvona Easley Tavlin to the Keno
Advisory Board for a term to expire July 1,
2013. (ADOPTED, 6-0; A-86045)
7) Report from City Treasurer of Franchise Tax for
the month of August 2010 from Black
Hills/Nebraska Gas Utility Co., LLC. (PLACED ON
FILE)
8) Report from City Treasurer of E911 Occupation
Tax for the month of August: Qwest, Granite,
Level 3, TWC Digital Phone, Comtel, Budget
Prepay, 8x8, AT&T of Midwest, Vonage America,
Charter Fiberlink - NE, I Networks, ACN.
(PLACED ON FILE)
9) Report from City Treasurer of Telecommunication
Tax for the month of July, 2010: Sprint,
Nebraska Technology & Telecomm., Cricket, TWC
Digital Phone, Virgin Mobile USA, Qwest, AT&T of
Midwest, USCOC of Greater Iowa, New Cingular
Wireless PCS, Alltel Comm of NE, WWC License,
Verizon Wireless, Omaha Cellular, Primus, USCOC
of NE/KS, Cellco Partnership, Sioux City MSA,
Telecorp, IBM Global, KDDI America, Public Comm.
Services, Global Crossing, UCN, McLeodUSA,
Arizona Telephony, Broadwing, ACN, Working
Assets Funding, OnStar, Granite, XO, Trans
National, Cincinnati Bell Any Distance, TracFone
Wireless, TCG Omaha, Intellicall Opeerator,
VoiceCom, New Edge Networks, Globalstar USA, CTI
Long Distance, ; August 2010: Windstream
Nebraska, Unite Private Networks, D&D, Sprint
Spectrum, Nextel, Sprint, MCI, Business Telecom,
Viaero Wireless, Zone, Lightyear Network, Nextel
West, Nextel Boost West, Enhanced, Tri-M,
Grasshopper Group, First Communications,
Globalcom, Norstan Network, SBC Long Distance,
Novega Venture, Pioneer, IBFA Acquisitions,
Wholesale Carrier, NOS, NOSVA, Yestel USA, Total
Holdings, i-wireless, BT Americas, TSG Global,
360networks (USA), ATS Mobile Telephone.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
10) PLACED ON FILE IN THE CITY CLERKS OFFICE:
Administrative Amendment No. 10051 to Change
of Zone No. 05054A, Prairie Village North
Planned Unit Development, approved by the
Planning Director on September 28, 2010,
requested by Olsson Associates, to add one lot
in the northwest area of the development,
generally located at N. 84th St. and Fremont St.
Administrative Amendment No. 10027 to Use
Permit No. 05003, Vintage Heights Commercial
Center, approved by the Planning Director on
September 29, 2010, requested by Momma's
Development Company, LLC, to revise the site
plan to show the former Lot 2, Block 2, being
subdivided to creates Lots 2, 5, 6, 7 and 8,
Block 2, along with the creation of a private
roadway Cuthills Court, on property generally
located at S. 84th St. and Old Cheney Rd.
Administrative Amendment No. 10055 to
Special Permit No. 1951, Hartland Homes
Southwest 1st Community Unit Plan, approved by
the Planning Director on October 4, 2010,
requested by Bradley Buresh, to allow an
unenclosed deck in the rear yard up to 10 feet
from the rear lot line on Lot 2, Block 4, as
indicated in the site plan. This lot has an
irregular shape with a 19 foot rear yard setback
and due to the shape of the lot, the
encroachment will only occur in a small
triangular shaped area. Property is located at
1924 W. Apricot Lane.
11) REFERRED TO THE PLANNING DEPARTMENT:
Change of Zone 10020 - Application of The
Dairy House, LLC from I-1 Industrial District to
B-4 Lincoln Center Business District on property
located at S. 8th Street and M Street.
Change of Zone 10021 - Application of Garry
W. Bushboom, successor trustee of the Ruth M.
Borchers Trust from AG Agricultural District to
AGR Agricultural Residential District on
property located at SW 56th Street and W. Van Dorn Street.
12) Setting the Hearing Date of Monday, November 1,
2010 at 3:00 p.m. for the Application of Barkel
Enterprises Inc. dba Panic for the addition of a
catering license to their Class C liquor license
located at 200 S. 18th Street. (ADOPTED, 6-0;
A-86046)
13) Setting the Hearing Date of Monday, November 1,
2010 at 3:00 p.m. for the Application of Mix It
Up LLC dba Zen's Lounge for a Class C liquor
license located at 122 N. 11th Street, Ste. 100B.
ADOPTED, 6-0; A-86047)
14) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
15) Application of Vaneiser LLC dba Venue Restaurant
& Lounge for a Class I liquor license at 4107
Pioneer Woods Drive, #107. (ADOPTED FOR APPROVAL,
6-0; A-86048)
16) Manager application of Bruce K. Bauer for
Vaneiser LLC dba Venue Restaurant & Lounge at
4107 Pioneer Woods Drive, #107. (ADOPTED FOR APPROVAL,
6-0; A-86049)
17) Application of The Press Box, Inc. dba The Press
Box for a Class I liquor license at 5601 South
56th Street.(ADOPTED, FOR APPROVAL, 6-0;
A-86050)
18) Manager application of John L. Larsen for The
Press Box, Inc. dba The Press Box at 5601 South
56th Street.(ADOPTED, FOR APPROVAL, 6-0;
A-86051)
19) Application of BNW Corporation dba 19th Street
Liquor for a Class D liquor license at 230 South
19th Street.(ADOPTED FOR APPROVAL, 6-0;
A-86052)
20) Manager application of Fiseha Tesfazion for BNW
Corporation dba 19th Street Liquor at 230 South
19th Street. (ADOPTED FOR APPROVAL, 6-0;
A-86053)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
21) 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. 14th, 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.(10/4/10 - P.H.
con't. w/Action to 10/11/10)(ADOPTED, 6-0; A-86054)
Fact Sheet (100K)
Attachment (33028K)
22) 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.(ADOPTED, 6-0; A-86055)
Fact Sheet (14K)
Attachment (20K)
23) 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. (ADOPTED, 6-0;
A-86056)
Fact Sheet (136K)
Attachment (1734K)
24) 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. (ADOPTED, 6-0; A-86057)
Fact Sheet (13K)
Attachment (215K)
25) 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.(ADOPTED, 6-0;
A-86058)
Fact Sheet (13K)
Attachment (1369K)
26) 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.
(ADOPTED, 6-0; A-86059)
Fact Sheet (106K)
Attachment (102K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 27 & 28 HAD 1ST READING)
27) 10-131 Approving a Lease Agreement between the Lincoln-
Lancaster County Health Department and
Enterprise Company, Inc. for the lease of office
space at 2662 Cornhusker Highway for the Health
Department's Women, Infants and Children (WIC)
Program for a three year term.
Fact Sheet (86K)
Attachment (2636K)
28) 10-132 Approving a Lease Agreement between the Lincoln-
Lancaster County Health Department and the
Lincoln Medical Education Partnership for the
lease of office space at 4600 Valley Road for
the Health Department's Women, Infants and
Children (WIC) Program for a four year term.
Fact Sheet (86K)
Attachment (582K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
29) 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.
(PASSED, 6-0; #19460)
Fact Sheet (499K)
Attachment (296K)
PENDING LIST - DATE CERTAIN
30) 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)
(10/4/10 - P.H. w/Action con't 2 wks. to
10/18/2010)
Attachment (134K)
31) 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) (10/4/10 - P.H. w/Action con't
2 wks. to 10/18/2010)
Attachment (131K)
32) 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) (10/4/10 -
P.H. w/Action con't 2 wks. to 10/18/2010)
Attachment (107K)
33) 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) (10/4/10 -
P.H. w/Action con't 2 wks. to 10/18/2010)
Attachment (48K)
34) 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) (10/4/10 - Action delayed 3 wks
w/P.H. to 10/25/10)
35) 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)
(10/4/10 - Action delayed 3 wks w/P.H. to
10/25/10)
Fact Sheet (13K)
36) 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) (10/4/10 - Action
delayed 3 wks w/P.H. to 10/25/10)
Attachment (603K)
PENDING LIST (EXTENDED ONE WEEK)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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 18, 2010, AT 3:00 P.M.
(APPROVED, 5-0; COOK ABSENT)
46) 10R-262 Appointing Mike Ayars to the Auditorium Advisory
Board for a term expiring October 31, 2016.
Attachment (66K)
47) 10R-265 Reappointing Francis Moul to the Community
Forestry Advisory Board for a term expiring
March 17, 2013.
48) 10R-266 Appointing Janet Goodman-Banks to the Keno
Advisory Board for a term expiring July 1, 2012.
Attachment (126K)
49) 10R-270 Approving the appointment of Judy Halstead as
Director of the Lincoln-Lancaster County Health
Department effective October 23, 2010.
50) 10R-264 Approving an Agreement between the City and the
State of Nebraska Department of Roads defining
the City of Lincoln's responsibilities as a
Local Bridge Owner in complying with the
National Bridge Inspection Standards.
Fact Sheet (13K)
Attachment (196K)
51) 10R-268 Approving an Agreement between the City of
Lincoln and Black Hills Energy to locate and
maintain a gas regulating station and
appurtenances on City property in
Schroeder/Willard Park.
Fact Sheet (100K)
Attachment (773K)
52) 10R-269 Approving the renewal of agreements between
Lancaster County and the City of Lincoln
and AOI Corporation, Office Interiors &
Design, Inc., Spaces, Inc., Sheppards
Business Interiors, and All Makes Office
Equipment Company for annual office seating
requirements.
Fact Sheet (105K)
Attachment (1500K)
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 3:41 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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