City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 15, 2010 AT 3:00 P.M.
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.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE FOR OCTOBER WAS PRESENTED TO GENE HANLON,
RECYCLING COORDINATOR, FOR THE WASTEWATER DIVISION OF PUBLIC WORKS &
UTILITIES DEPT. IN THE CATEGORY 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) Resolution assessing Special Taxes for the costs
of the improvements in the Downtown Business
Improvement District, the Downtown Maintenance
District and the Core Business Improvement
District Overlay, as approved by the Board of
Equalization on Monday, November 15, 2010.
(ADOPTED, 7-0; A-86110)
2) Setting the public hearing date of Monday,
December 13, 2010, at 3:00 p.m. for the
assessment of the cost of weed removal incurred
for the period of January 1, 2010 through
December 31, 2010. (APPROVED, 7-0)
3) Clerk's Letter and Mayor's Approval of
Ordinances & Resolutions passed by Council on
November 1, 2010. (PLACED ON FILE)
4) Lincoln Water & WasteWater System Recapitulation
of Daily Cash Receipts for October 2010.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
5) PLACED ON FILE IN THE OFFICE OF THE CITY
CLERK:
Administrative Amendment No. 10060 to
Special Permit No. 10001 for historic
preservation of the Tuttle-Schaupp House,
approved by the Planning Director on November 4,
2010, requested by Mike and Karolyn Howard, to
amend the fence location and parking, on
property located at 3008 "O" Street.
6) Setting the Hearing Date of Monday, December 6,
2010 at 3:00 p.m. for the Application of Get
Luckie, LLC dba Luckie's Lounge & Grill for a
Class C liquor license located at 1101 W. Bond
Street. (ADOPTED, 7-0; A-86111)
7) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
8) Application of Tres Jalisquillos, Inc. dba La
Fiesta Sport Bar (formerly Fandango Night Club)
to move their presently licensed Class C liquor
premises from 221 S. 9th Street to 1037 L
Street. (ADOPTED FOR APPROVAL, 7-0; A-86112)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 9 THRU 20 HAD 2ND READING)
9) 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)
10) 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)
11) 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)
12) 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)
Motion To Amend (1947K)
13) 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)
14) 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)
15) 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)
Motion To Amend (10460K)
16) 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.
17) 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.
18) 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)
19) 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)
20) 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)
PUBLIC HEARING - RESOLUTIONS
21) 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. ((ADOPTED, 7-0; A-86113)
Fact Sheet (14K)
Attachment (20K)
22) 10R-292 Designating a replacement Equal Employment
Officer for the City's ADA/Section 504 Civil
Rights Policy. (ADOPTED, 7-0; A-86114)
Fact Sheet (19K)
23) 10R-293 Designating a replacement Title VI Coordinator
for the City's Title VI Civil Rights Plan.
(ADOPTED, 7-0; A-86115)
Fact Sheet (19K)
24) 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. (ADOPTED, 7-0;
A-86116)
Fact Sheet (469K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
NONE
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
25) 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. (PASSED, 7-0; #19469)
Fact Sheet (692K)
26) 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.
(PASSED, 7-0; #19470)
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, NOVEMBER 22, 2010, AT 5:30 P.M.
(APPROVED, 7-0)
36) 10R-300 Amending the Lincoln-Lancaster County Air
Pollution Control Regulations and Standards to
assure consistency with Federal and State air
quality regulations.
Fact Sheet (129K)
Attachment (7337K)
37) 10R-301 Approving an Agreement between the City on
behalf of the Lincoln-Lancaster County Health
Department and Nebraska Central Community
College to provide clinical training for health
informatics students at the Health Department
for a term of November 1, 2010 through October
31, 2013.
Fact Sheet (88K)
Attachment (613K)
38) 10R-302 Approving a Contract Agreement between the City
and American Courier Corp. for the annual
requirements for Library Van Delivery Services,
pursuant to Bid No. 10-176, for a four-year
term.
Fact Sheet (123K)
Attachment (2659K)
39) 10R-303 Approving a Contract Agreement between the City
and Lincoln Winwater Works Company for the
annual requirements for Fabricated Tapping
Sleeves, pursuant to Bid No. 10-163, effective
upon execution by both parties through August 1,
2012, with the option to renew for one
additional two-year term.
Fact Sheet (128K)
Attachment (1501K)
40) 10R-304 Approving a Contract Agreement between the City
and Lincoln Winwater Works Company for the
annual requirements for Clow Fire Hydrant Parts,
pursuant to Bid No. 10-160, effective upon
execution by both parties through August 1,
2012, with the option to renew for one
additional two-year term.
Fact Sheet (124K)
Attachment (1492K)
41) 10R-305 Approving a Contract Agreement between the City
and EmpireWest, Inc. for the annual requirements
for Kennedy Hydrant Parts, pursuant to Bid No.
10-159, effective upon execution by both parties
through August 1, 2012, with the option to renew
for one additional two-year term.
Fact Sheet (136K)
Attachment (1452K)
42) 10R-306 Approving a Contract Agreement between the City
and Lincoln Winwater Works Company for the
annual requirements for Mueller Fire Hydrant
Parts, pursuant to Bid No. 10-157, effective
upon execution by both parties through August 1,
2012, with the option to renew for one
additional two-year term.
Fact Sheet (132K)
Attachment (1727K)
43) 10R-307 Approving a Contract Agreement between the City
and HD Supply Waterworks for the annual
requirements for M&H Fire Hydrant Parts,
pursuant to Bid No. 10-158, effective upon
execution by both parties through August 1,
2012, with the option to renew for one
additional two-year term.
Fact Sheet (133K)
Attachment (1627K)
44) 10R-308 Approving a Contract Agreement between the City
and Municipal Supply, Inc. of Nebraska for the
annual requirements for Stainless Steel Repair
Clamps, pursuant to Bid No. 10-161, effective
upon execution by both parties through August 1,
2012, with the option to renew for one
additional two-year term.
Fact Sheet (132K)
Attachment (1549K)
45) 10R-309 Approving a Contract Agreement between the City
and Municipal Supply, Inc. of Nebraska for the
annual requirements for Neptune Water Meter
Parts, pursuant to Bid No. 10-166, effective
upon execution by both parties through August 1,
2012, with the option to renew for one
additional two-year term.
Fact Sheet (130K)
Attachment (1623K)
46) 10R-310 Approving a Contract Agreement between the City
and HD Supply Waterworks for the annual
requirements for Invensys Meter Parts for LWS
AMR Program, pursuant to Bid No. 10-164,
effective upon execution by both parties through
August 1, 2012, with the option to renew for one
additional two-year term.
Fact Sheet (134K)
Attachment (1704K)
47) 10R-311 Approving a Contract Agreement between the City
and Hersey Meters Company, LLC, dba Mueller
Systems for the annual requirements for Hersey
Water Meter Parts, pursuant to Bid No. 10-165,
effective upon execution by both parties through
August 1, 2012, with the option to renew for one
additional two-year term.
Fact Sheet (136K)
Attachment (1716K)
48) 10R-312 Approving a Contract Agreement between the City
and Badger Meter, Inc. for the annual
requirements for 6-10" Fire Service Cold Water
Meters, pursuant to Bid No. 10-167, effective
upon execution by both parties through August 1,
2012, with the option to renew for one
additional two-year term.
Fact Sheet (127K)
Attachment (1536K)
49) 10R-313 Approving a Contract Agreement between the City
and M & H Valve Co,. for the annual requirements
for Butterfly Valves, pursuant to Bid No.
10-162, effective upon execution by both parties
through August 1, 2012, with the option to renew
for one additional two-year term.
Fact Sheet (131K)
Attachment (1441K)
50) 10R-314 Adopting the Lincoln Electric System Rate
Schedule, Service Regulations, and Cost Analysis
Summary providing for a system average increase
of 2.5 percent, to be effective January 1, 2011.
(Action Date: 12/6/10)
Fact Sheet (137K)
Attachment (11680K)
51) 10R-315 Adopting the Lincoln Electric System Annual
Budget for 2011, to become effective January 1,
2011. (Action Date: 12/6/10)
Fact Sheet (136K)
Attachment (239K)
52) 10R-316 Approving a Funding Agreement between the City
and the Nebraska Dept. of Roads for the use of
Federal Surface Transportation Program Funds for
Lincoln Downtown Street Resurfacing Project
(Project No. LCLC-5230(2)).
Fact Sheet (17K)
Attachment (1874K)
53) 10R-317 Approving a Funding Agreement between the City
and the Nebraska Dept. of Roads for the use of
Federal Surface Transportation Program Funds for
Lincoln Citywide Street Resurfacing Project
(Project No. LCLC-5228(4)).
Fact Sheet (21K)
Attachment (1063K)
54) 10R-318 Approving a Funding Agreement between the City
and the Nebraska Dept. of Roads for the use of
Federal Surface Transportation Program Funds for
the 27th Street Viaduct (at Leighton)(Project
No. LCLC-5231(13)).
Fact Sheet (17K)
Attachment (1995K)
55) 10R-319 Approving a Funding Agreement between the City
and the Nebraska Dept. of Roads for the use of
Federal Surface Transportation Program Funds for
Lincoln Citywide Street Microsurfacing Project
(Project No. LCLC-5249(7)).
Fact Sheet (13K)
Attachment (1839K)
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 6:48 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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