City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 18, 2010 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP AND CARROLL
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-262 Appointing Mike Ayars to the Auditorium Advisory
Board for a term expiring October 31, 2016.
(ADOPTED, 5-0; A-86060)
Attachment (66K)
2) 10R-265 Reappointing Francis Moul to the Community
Forestry Advisory Board for a term expiring
March 17, 2013. (ADOPTED, 5-0; A-86061)
3) 10R-266 Appointing Janet Goodman-Banks to the Keno
Advisory Board for a term expiring July 1, 2012.
(ADOPTED, 5-0; A-86062)
Attachment (126K)
4) 10R-270 Approving the appointment of Judy Halstead as
Director of the Lincoln-Lancaster County Health
Department effective October 23, 2010.
(ADOPTED, 5-0; A-86063)
5) Setting the Hearing date of Monday, November 8,
2010, at 3:00 p.m. for the Board of Equalization
for Downtown Business Improvement District, Core
Business Improvement District Overlay & Downtown
Maintenance District. (APPROVED, 5-0)
6) Report of Settlement of Non Tort Claims.
(PLACED ON FILE)
Attachment
7) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for the month of
September, 2010. (PLACED ON FILE)
8) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on October 4, 2010. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
9) Appeal of Ramona Farrington relating to the
delinquent interest assessed against the
property described as 2800 S. 42nd Street by
authority of Resolution No. A-84167 adopted
on December 18, 2006. (Sidewalk District No. 94)
(DECLINED TO TAKE ACTION TO WAIVE INTEREST, 4-1;
COOK, EMERY, SNYDER, SPATZ, ASSENTING;
HORNUNG DISSENTING)
10) Appeal of Stephenie M. Norris from the decision
of the Lincoln Police Department on the denial
of her application for a Sidewalk Vendor Permit
according to LMC §14.55.050. (CON'T P.H.
W/ACTION ONE WK. TO 10/25/10, 5-0)
11) Setting the hearing date of Monday, November 8,
2010 at 3:00 p.m. for the Application of Yankee
Hill, LLC dba Yankee Hill Country Club for a
Class C liquor license located at 7600 San Mateo
Lane. (ADOPTED, 5-0; A-86064)
12) Setting the hearing date of Monday, November 8,
2010 at 3:00 p.m. for the Application of Kelley
and Tyrrell, Inc. dba McCourt's Ale House for a
Class C liquor license located at 118 S. 9th
Street. (ADOPTED, 5-0; A-86065)
13) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 10058 to Use
Permit No. 129A, Vavrina Meadows 1st Addition,
approved by the Planning Director on October 8,
2010 requested by ESP, Inc. to delay the
installation of required landscaping between Lot
7 and Lot 8, Block 32, until the time of
building permits on either Lot 7 or Lot 8 has
been approved. If the landscaping is not
installed at the time of building permit, a bond
will be required to ensure this improvement. The
amount of the bond will be determined by Parks
and Recreation Department. Property is generally
located at S. 14th Street and Yankee Hill Road.
14) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 15
& 16 HAD 2ND READING)
15) 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)
16) 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)
PUBLIC HEARING - RESOLUTIONS
17) 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.
(ADOPTED, 5-0; A-86066)
Fact Sheet (13K)
Attachment (196K)
18) 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.
(ADOPTED, 5-0; A-86067)
Fact Sheet (100K)
Attachment (773K)
19) 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. (WITHDRAWN, 5-0; #38-4605)
Fact Sheet (105K)
Attachment (1500K)
20) 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) (MTA #1 ADOPTED TO ACCEPT THE
SUBSTITUTE MASTER DEVELOPMENT AGREEMENT, 5-0;
ADOPTED AS AMENDED, 5-0; A-86068)
Attachment (181K)
Exhibit List
21) 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) (MTA #1 ADOPTED TO ACCEPT THE EXCHANGE
AGREEMENT, 5-0; MTA #2 ADOPTED TO ACCEPT A SUBSTITUTE
TO THE EXCHANGE AGREEMENT, 5-0; ADOPTED AS AMENDED, 5-0;
A-86069)
Attachment (158K)
Exhibit List
22) 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)
(MTA #1 ADOPTED, 5-0; ADOPTED AS AMENDED, 5-0;
A-86070)
Attachment (1424K)
23) 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)
(ADOPTED, 5-0; A-86071)
Attachment (48K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 24
THRU 26 HAD 1ST READING)
24) 10-133 Change of Zone 10019 - Application of Assurity
Life Insurance Co. for a change of zone from O-3
Office Park District to B-2 Planned Neighborhood
Business District, on property generally located
at the northwest corner of South 27th Street and
Old Cheney Road. (Related Items 10-133, 10R-271,
10-134) (Action Date: 11/1/10)
Fact Sheet (2087K)
25) 10R-271 Use Permit No. 15D - Amending the Use Permit for
Southwood Center to change approximately 33,020
sq. ft. of office uses to retail uses, with a
request to reduce the front yard setback on
South 27th Street and Old Cheney Road, on
property generally located at the northwest
corner of South 27th Street and Old Cheney Road.
(Related Items 10-133, 10R-271, 10-134)
(Action Date: 11/1/10)
Fact Sheet (1580K)
26) 10-134 Vacation 10015 - Vacating the right-of-way stub
on the north side of Old Cheney Road located
approximately 480 feet west of the centerline of
South 27th Street. (Related Items 10-133,
10R-271, 10-134) (Action Date: 11/1/10)
Fact Sheet (805K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
NONE
PENDING LIST - DATE CERTAIN
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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 25, 2010, AT 5:30 P.M.
(APPROVED, 5-0)
39) 10R-272 Appointing Annielyn Ocampo to the Multicultural
Advisory Committee to fill an unexpired term
expiring September 18, 2011.
Attachment (78K)
40) 10R-274 Approving the Contract Agreement between the
City and X-Tra Kleen, Inc. for the annual
cleaning services for Lincoln libraries,
pursuant to Bid No. 10-154 for a four-year term.
Fact Sheet (125K)
Attachment (2671K)
41) 10R-273 Vacation 10014 - Vacating that portion of
W. Waggoner Drive which abuts Lot 1, 2, and 3,
Block 1, Waggoner Subdivision, generally located
1/4 mile south of West O Street on the east side
of S.W. 98th Street.
Fact Sheet (990K)
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 3:56 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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