City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
CORRECTED
IMMEDIATELY PRECEDING
THE REGULAR COUNCIL MEETING OF NOVEMBER 8, 2010,
THE CITY COUNCIL WILL CONVENE AS THE
BOARD OF EQUALIZATION TO EQUALIZE THE ASSESSMENTS
FOR THE DOWNTOWN BUSINESS IMPROVEMENT DISTRICT,
THE CORE BUSINESS IMPROVEMENT DISTRICT OVERLAY
AND THE MAINTENANCE IMPROVEMENT DISTRICT
(APPROVED, 7-0)
ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 8, 2010 AT 3:00 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO MEETING THE WEEK OF NOVEMBER 29TH DUE TO HOLIDAY
THERE WILL BE A MEETING ON NOVEMBER 22ND AT 5:30 P.M.
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-278 Appointing Maureen Brase-Houchin to the Lincoln
City Library Board of Trustees to fill an
unexpired term expiring August 31, 2013.
(ADOPTED, 7-0; A-86089)
Attachment (446K)
2) 10R-283 Reappointing John Henry "Jack" Zohner, Dennis
Biggerstaff and Ronald Geary to the Heating,
Ventilating and Cooling Board of Examiners for
terms expiring April 4, 2011, April 4, 2012 and
April 4, 2013, respectively. (ADOPTED, 7-0;
A-86090)
3) 10R-284 Reappointing Dan Kubr, Terry Culwell and John
Sinclair to the Building Code Board of Appeals
for terms expiring April 1, 2012, April 1, 2013
and April 1, 2013, respectively. (AMENDED, 7-0;
ADOPTED AS AMENDED, 7-0; A-86091)
4) 10R-285 Reappointing Mike McNiff, Doug Biggerstaff,
Matt Morrissey, Mike Berry and Roger Kriefels
to the Gas Piping Exam Board for terms expiring
April 1, 2012. (ADOPTED, 7-0; A-86092)
5) 10R-286 Reappointing Bill Whitmer and Don Schroeder to
the Electrical Advisory Appeals and Examining
Board for terms expiring August 15, 2012 and
August 15, 2013, respectively. (ADOPTED, 7-0;
A-86093)
6) 10R-287 Appointing Dan Chrisp and Clinton Bruhn to the
Electrical Advisory Appeals and Examining Board
for terms expiring August 15, 2011 and August
15, 2013, respectively. (ADOPTED, 7-0; A-86094)
Attachment (137K)
7) 10R-288 Reappointing Michael Coon, Martin Kasl and R.J.
Lippert to the Fire Sprinkler and Chemical
Examining Board for terms expiring November 24,
2013. (ADOPTED, 7-0; A-86095)
8) 10R-289 Reappointing Doug Biggerstaff to the Water
Conditioning Board of Examiners for a term
expiring September 4, 2013. (ADOPTED, 7-0;
A-86096)
9) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on October 25, 2010. (PLACED ON FILE)
10) Report from City Treasurer of City Cash on hand
at the close of business September 30, 2010.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
11) REFERRALS TO THE PLANNING DEPARTMENT:
Special Permit No. 10031 - Requested by
U-Pull-It, Inc., for the operation of a salvage
yard on property generally located at N. 70th
Street and Cornhusker Highway.
12) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
13) Application of Kelley and Tyrrell, Inc. dba
McCourt's Ale House for a Class C liquor license
at 118 South 9th Street. (ADOPTED FOR APPROVAL, 7-0;
A-86097)
14) Manager application of Christopher A. Kelley for
Kelley and Tyrrell, Inc. dba McCourt's Ale House
at 118 South 9th Street. (ADOPTED FOR APPROVAL, 7-0;
A-86098)
15) Application of Yankee Hill, LLC dba Yankee Hill
Country Club for a Class C liquor license at
7600 San Mateo Lane. (ADOPTED FOR APPROVAL, 7-0;
A-86099)
16) Manager application of Amy A. Wieseler for
Yankee Hill, LLC dba Yankee Hill Country Club at
7600 San Mateo Lane. (ADOPTED FOR APPROVAL, 7-0;
A-86100)
17) Application of Blue Mango Holdings, LLC dba
Cocos Night Club, formerly known as El Salvador
Cafe, to expand its Class C liquor license by
the addition of a reconstructed area for a new
licensed area described as a one story building
approximately 50 feet by 140 feet and the
basement area located at 221 South 9th Street.
(ADOPTED FOR APPROVAL, 7-0; A-86101)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 18 &
19 HAD 2ND READING)
18) 10-140 Vacation 10009 - Vacating the south half of the
north-south alley between Sumner Street and
Garfield Street and between S. 29th Street and
Jefferson Avenue.
Fact Sheet (692K)
19) 10-143 Approving the Amended and Restated Site Lease
from the City and County of Lancaster, Nebraska
to the Lincoln-Lancaster County Public Building
Commission; approving the Amended and Restated
Lease Agreement from the Commission to the
County and the City; and authorizing the
issuance of not to exceed $7,500,000 of the
Commission's Tax Supported Lease Rental Revenue
Refunding Bonds, Series 2010B.
PUBLIC HEARING - RESOLUTIONS
20) 10R-279 Approving three Contract Agreements between the
City and Tabitha Home Care Specialties, Elite
Professionals Home Care Company and Arcadia
Health Care for In-Home Supportive Services for
the Elderly, pursuant to Bid No. 10-181, for
two-year terms with the option to renew for one
additional two-year term. (ADOPTED, 7-0; A-86102)
Fact Sheet (235K)
Attachment (2242K)
Attachment (3893K)
Attachment (3067K)
21) 10R-280 Approving three Contract Agreements between the
City and Southern Uniform & Equipment, Alamar
Uniforms and Galls Inc. for the annual supply of
Police Clothing, pursuant to Bid No. 10-171, for
two-year terms with the option to renew for one
additional two-year term. (ADOPTED, 7-0; A-86103)
Fact Sheet (182K)
Attachment (1423K)
Attachment (1429K)
Attachment (1395K)
22) 10R-281 Approving three Contract Agreements between the
City of Lincoln, Lancaster County and the
Lincoln-Lancaster County Public Building
Commission and Lampe's Clean Air Specialists,
Division 15 Sales Inc., and Tri Dim Filter
Corporation for the annual supply of HVAC
Filters, pursuant to Bid No. 10-107, for
three-year terms with the option to renew for
one additional one-year term. (ADOPTED, 7-0;
A-86104)
Fact Sheet (120K)
Attachment (1733K)
Attachment (1697K)
Attachment (1723K)
23) 10R-282 Approving a Cooperative Agreement between the
City and the Nebraska Department of
Environmental Quality for grant funding from the
Stormwater Management Plan Program.
(ADOPTED, 7-0; A-86105)
Fact Sheet (13K)
Attachment (459K)
24) 10R-291 Approving the labor contract between the City of
Lincoln and the Lincoln Police Union for the
period of August 19, 2010 through August 31,
2011. (ADOPTED, 7-0; A-86106)
Fact Sheet (85K)
Attachment (286K)
25) 10R-297 Approving the selection of Constructors Inc. and
authorizing execution of the construction
contract between the City and the Nebraska Dept.
of Roads for the use of Federal Highway
Infrastructure Investment Funds provided by the
American Recovery and Reinvestment Act of 2009
and/or Federal Surface Transportation Program
funds for Project LCLC- 5239(8), Citywide Durable
Pavement Markings 5221(3), Citywide
Continental Pedestrian Crosswalks.
(11/1/10 - to be placed on Public Hearing
Resolutions w/Action on 11/8/10) (ADOPTED, 7-0;
A-86107)
Fact Sheet (13K)
Attachment (167K)
26) 10R-298 Approving the selection of Constructors Inc. and
authorizing execution of the construction
contract between the City and the Nebraska Dept.
of Roads for the use of Federal Highway
Infrastructure Investment Funds provided by the
American Recovery and Reinvestment Act of 2009
and/or Federal Surface Transportation Program
funds for Project LCLC- 5221(3), Citywide
Continental Pedestrian Crosswalks
5239(8), Citywide Durable Pavement Markings.
(11/1/10 - to be placed on Public Hearing Resolutions
w/Action on 11/8/10) (ADOPTED, 7-0; A-86108)
Fact Sheet (13K)
Attachment (182K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 27
THRU 35 HAD 1ST READING)
27) 10R-290 Approving the Block 38 Redevelopment Agreement
between Block 38, LLC and the City relating to
the redevelopment of property generally located
on the north half of Block 38, between 13th and
14th Streets and P and Q Streets. (Related
Items: 10R-290, 10-141, 10-142, 10R-299)
(Action Date: 11/22/10)
Fact Sheet (-0K)
Attachment (1343K)
28) 10-141 Authorizing the issuance of tax allocation bonds
not to exceed $1,725,000 for the City of Lincoln,
Block 38 Redevelopment Project in Downtown Lincoln.
Related Items: 10R-290, 10-141, 10-142, 10R-299)
(Action Date: 11/22/10)
29) 10-142 Authorizing and providing for the issuance of
not to exceed $30,000,000 of the City of
Lincoln, Nebraska Parking Revenue and Refunding
Bonds, Series 2010. (Related Items: 10R-290,
10-141, 10-142, 10R-299) (Action Date: 11/22/10)
30) 10R-299 Approving a Construction Manager at Risk
Contract between Sampson Construction Company,
Block 38, LLC and the City of Lincoln for
construction of the mixed use facility,
including a City parking garage, private
residential and commercial space, on property
generally located on the north half of Block 38,
between 13th and 14th Streets and P and Q
Streets. (Related Items: 10R-290, 10-141,
10-142, 10R-299) (Action Date: 11/22/10)
Attachment (600K)
31) 10-145 Authorizing the execution and delivery of (1) a
Lease Agreement, (2) a Trust Indenture, (3) a
Deed of Trust, Security Agreement and Assignment
of Rents and Leases and (4) a Tax Compliance
Agreement in connection with the issuance of not
to exceed $10,000,000 principal amount of the
City's Recovery Zone Facility Industrial
Development Revenue Bonds (TMCO, Inc. Project)
Series 2010.
32) 10-146 Authorizing the execution and delivery of (1) a
Lease Agreement, (2) a Trust Indenture, (3) a
Deed of Trust, Security Agreement and Assignment
of Rents and Leases and (4) a Tax Compliance
Agreement in connection with the issuance of not
to exceed $14,000,000 principal amount of the
City's Recovery Zone Facility Industrial
Development Revenue Bonds (Block 21, L.L.C.
Project) Series 2010.
33) 10R-295 Comp. Plan Conformity 10008 - Approving an
amendment to the Lincoln Center Redevelopment
Plan to add the "Telesis Meadowgold Redevelopment
Project" to redevelop the former Meadowgold
manufacturing complex into mixed-use industrial
buildings and a residential/commercial building,
on property in Block 84, Original Lincoln,
generally bounded by M, 7th, L, and 8th Streets.
(Related Items: 10R-295, 10-144) (Action
Date: 11/22/10)
Fact Sheet (2867K)
Attachment (872K)
Attachment (2033K)
34) 10-144 Change of Zone 10020 - Application of The Dairy
House LLC for a change of zone from I-1
Industrial District to B-4 Lincoln Center
Business District on property generally located
at south 8th Street and M Street. (Related
Items: 10R-295, 10-144, 10-147) (Action Date:
11/22/10)
Fact Sheet (678K)
35) 10-147 Authorizing the execution and delivery of (1) a
Lease Agreement, (2) a Trust Indenture, (3) a
Deed of Trust, Security Agreement and Assignment
of Rents and Leases and (4) a Tax Compliance
Agreement in connection with the issuance of not
to exceed $2,800,000 principal amount of the
City's Recovery Zone Facility Industrial
Development Revenue Bonds (Telesis, Inc. Project)
Series 2010. (Related Items: 10R-295, 10-144,
10-147) (Action Date: 11/22/10)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
36) 10R-275 Comp. Plan Conformance 10006 - Adopting and
approving the proposed Nebraska Innovation
Campus Redevelopment Plan for an area adjacent
to the University of Nebraska-Lincoln city
campus including the former Nebraska State Fair
Park, generally located from N. Antelope Valley
Parkway to 27th Street, between Salt Creek and
the Burlington Northern Santa Fe Railroad
corridors. (Related Items: 10R-275, 10-135)
(Action Date: 11/8/10) (ADOPTED, 7-0; A-86109)
Fact Sheet (644K)
Attachment (6933K)
37) 10-135 Change of Zone 10018 - Application of the
University of Nebraska for a change of zone from
P Public Use District to O-3 Planned Unit
Development for development of Nebraska
Innovation Campus including approximately two
million square feet of mixed use commercial
space, up to 250 dwelling units and up to 135
hotel rooms, on property generally located at
North Antelope Valley Parkway and Salt Creek
Roadway. (Related Items: 10R-275, 10-135)
(Action Date: 11/8/10) (MTA #1 ADOPTED, 7-0;
PASSED AS AMENDED, 7-0; #19464)
Fact Sheet (1580K)
Motion To Amend (53K)
38) 10-136 Vacation 10012 - Vacating that portion of the
north-south alley abutting the south 9.78 feet
of Lot 14, Maxwell's Addition, generally located
at the northwest corner of South 16th Street and
South Street. (PASSED, 7-0; #19465)
Fact Sheet (400K)
39) 10-137 Vacation 10013 - Vacating various rights-of-way
in Antelope Valley generally bound by S Street
on the north, Monroe Avenue on the south, N.
19th Street on the west and N. 22nd Street on
the east. (PASSED, 7-0; #19466)
Fact Sheet (1772K)
40) 10-138 Amending Title 10 of the Lincoln Municipal Code
relating to Vehicles and Traffic by adding a new
section numbered 10.02.365 to define Snow
Removal District, and by creating a new Lincoln
Municipal Code Chapter 10.41, Snow Removal
District, by adding Section 10.41.010 to
prohibit parking in any Snow Removal District
whenever a snow emergency is declared; adding
Sections 10.41.020, 10.41.030, 10.41.040,
10.41.050, 10.41.060, 10.41.070, 10.41.080,
10.41.090, and 10.41.100 to establish the
Downtown, University Place, Havelock, Bethany,
College View, 11th and G Street, 13th Street,
17th and Washington, and 25th and Sumner Snow
Removal Districts, respectively; adding Section
10.41.110 to authorize the Mayor to order a
parking prohibition on all streets designated as
part of any Snow Removal District; and adding
Section 10.41.120 to authorize the Director of
Public Works and Utilities to provide for
signage identifying said Snow Removal Districts.
(PASSED, 7-0; #19467)
Fact Sheet (12K)
41) 10-139 Amending Title 5 of the Lincoln Municipal Code
relating to Licenses and Regulations by amending
Section 5.36.120 relating to the appeal of a
denial of an application for a Peddler's permit
to provide that the Chief of Police and the
Director of Public Works and Utilities may
designate persons from their departments to fill
such directors' positions on the Permit Review
Board; amending Section 5.50.080 relating to the
suspension or revocation of a taxicab driver
license to provide that the Chief of Police and
the Director of Public Works and Utilities may
designate persons from their departments to fill
such directors' positions on the Taxicab Review
Board. (PASSED, 7-0; #19468)
Fact Sheet (101K)
PENDING LIST - DATE CERTAIN
42) 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) (10/25/10 -
2nd Reading w/P.H. con't. to 11/15/10)
Fact Sheet (2087K)
43) 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) (10/25/10 -
2nd Reading w/P.H. con't. to 11/15/10)
Fact Sheet (1580K)
44) 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)
(10/25/10 - 2nd Reading w/P.H. con't. to
11/15/10)
Fact Sheet (805K)
PENDING LIST (EXTENDED ONE WEEK)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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)
50) 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)
51) 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)
52) 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)
53) 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, NOVEMBER 15, 2010, AT 3:00 P.M.
(APPROVED, 7-0)
54) 10R-296 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of October 16 -
31, 2010.
Fact Sheet (14K)
Attachment (20K)
55) 10R-292 Designating a replacement Equal Employment
Officer for the City's ADA/Section 504 Civil
Rights Policy.
Fact Sheet (19K)
56) 10R-293 Designating a replacement Title VI Coordinator
for the City's Title VI Civil Rights Plan.
Fact Sheet (19K)
57) 10R-294 Waiver 10022 - Application of CenterPointe Inc.
to waive the requirements of Section
27.67.100(c) of the Lincoln Municipal Code
relating to parking lot surfacing on property
generally located at the northwest corner of
South 7th Street and C Street.
Fact Sheet (469K)
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 NOVEMBER ARE THE 8TH AND 22ND.
Note: Open Microphone Sessions are November 8th 3:00 p.m. and November 22nd 5:30 p.m.
ADJOURNMENT 3:50 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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