City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 22, 2010 AT 5:30 P.M.
THERE WILL BE NO MEETING THE WEEK OF NOVEMBER 29TH DUE TO HOLIDAY
ALL MEMBERS PRESENT EXCEPT SPATZ
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 Mayors Approval of Ordinances &
Resolutions passed by Council on November 8, 2010.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
2) REFERRED TO PLANNING DEPARTMENT:
CHANGE OF ZONE NO. 10022, requested by the
Director of Public Works & Utilities, amending
Title 27 of the Lincoln Municipal Code relating to
Zoning by amending Sections 27.52.010, 27.52.020,
27.53.010, and 27.53.020 to adopt the February 18,
2011, Flood Insurance Rate Map (FIRM) and the
Flood Insurance Study (FIS), as required by the
Federal Emergency Management Agency; and repealing
Sections 27.52.010, 27.52.020, 27.53.010, and
27.53.020 of the Lincoln Municipal Code as
hitherto existing.
SPECIAL PERMIT NO. 531G, requested by
Wilderness View Townhomes, LLC., to amend the
Wilderness View Townhomes subarea of the Salt
Valley View Community Unit Plan, to add 4.77 acres
and increase the number of dwelling units in the
Wilderness View Townhomes subarea from 152 to 174,
on property legally described as all of Wilderness
View Townhomes Addition and Lot 45 I.T., located
in the NE 1/4 of Section 14-9-6, Lancaster County,
Nebraska, generally located at Creekside Trail and
Warlick Boulevard. The Planning Commission action
is final action, unless appealed to the City
Council.
3) MISCELLANEOUS REFERRALS
Setting the Hearing Date of Monday, December 13, 2010
at 3:00 p.m. for the application of Countryview Studios,
Inc. dba Art & Soul for a Class C liquor license located
at 5740 Hidcote Dr. (ADOPTED, 6-0; A-86117)
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
4) 10R-300 Amending the Lincoln-Lancaster County Air
Pollution Control Regulations and Standards to
assure consistency with Federal and State air
quality regulations.(ADOPTED, 6-0; A-86118)
Fact Sheet (129K)
Attachment (7337K)
5) 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. (ADOPTED, 6-0; A-86119)
Fact Sheet (88K)
Attachment (613K)
6) 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.(ADOPTED, 6-0; A-86120)
Fact Sheet (123K)
Attachment (2659K)
7) 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.(ADOPTED 6-0; A-86121)
Fact Sheet (128K)
Attachment (1501K)
8) 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.(ADOPTED, 6-0;
A-86122)
Fact Sheet (124K)
Attachment (1492K)
9) 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.(ADOPTED, 6-0;
A-86123)
Fact Sheet (136K)
Attachment (1452K)
10) 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.(ADOPTED, 6-0; A-86124)
Fact Sheet (132K)
Attachment (1727K)
11) 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.(ADOPTED, 6-0;
A-86125)
Fact Sheet (133K)
Attachment (1627K)
12) 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.(ADOPTED, 6-0; A-86126)
Fact Sheet (132K)
Attachment (1549K)
13) 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.(ADOPTED, 6-0; A-86127)
Fact Sheet (130K)
Attachment (1623K)
14) 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.(ADOPTED, 6-0; A-86128)
Fact Sheet (134K)
Attachment (1704K)
15) 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. (ADOPTED, 6-0; A-86129)
Fact Sheet (136K)
Attachment (1716K)
16) 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.(ADOPTED, 6-0; A-86130)
Fact Sheet (127K)
Attachment (1536K)
17) 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.(ADOPTED, 6-0;
A-86131)
Fact Sheet (131K)
Attachment (1441K)
18) 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)
19) 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)
20) 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)). (ADOPTED, 6-0; A-86134)
Fact Sheet (17K)
Attachment (1874K)
21) 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)).(ADOPTED, 6-0; A-86135)
Fact Sheet (21K)
Attachment (1063K)
22) 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)).(ADOPTED, 6-0; A-86136)
Fact Sheet (17K)
Attachment (1995K)
23) 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)).(ADOPTED, 6-0; A-86137)
Fact Sheet (13K)
Attachment (1839K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 24 AND 25 HAD 1ST READINGS)
24) 10-149 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 $1,000,000.00
principal amount of the City's Recovery
Zone Facility Industrial Development
Revenue Bonds (Turbine Flats Project)
Series 2010.
25) 10-150 An ordinance amending Chapters 3.26, 3.28,
and 3.30 of the Lincoln Municipal Code relating
to Car Rental, Hotel, and Restaurant Occupation
Taxes, respectively, by amending Sections 3.26.030,
3.28.030 and 3.30.030 to clarify the imposition of
such taxes shall begin on January 1, 2011; amending
Sections 3.26.070, 3.28.070, and 3.30.070 to clarify
the penalty and interest assessed for non-payment or
delinquent payment of such taxes; amending Section
3.30.020 to amend the definitions of "drinking place"
and "restaurant" to remove the condition that the tax
is imposed only on establishments open to the public;
amending Section 3.30.040 to delete the provision that
a person subject to the restaurant occupation tax may,
upon written application to and with the written consent
of the City Finance Director, make reports and remittances
on a monthly basis
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
26) 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)
(MTA #1, 6-0; PASSED, 5-1; COOK DISSENTING; CAMP,
CARROLL, EMERY, HORNUNG, SNYDER ASSENTING; #19471)
Fact Sheet (2087K)
Motion To Amend (14K)
27) 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) (MTA #1, 6-0; ADOPTED, 5-1; COOK
DISSENTING; CAMP, CARROLL, EMERY, HORNUNG,
SNYDER ASSENTING; A-86132)
Fact Sheet (1580K)
Motion To Amend (136K)
28) 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) (MTA #1, 6-0; PASSED, 5-1;
COOK DISSENTING; CAMP, CARROLL, EMERY, HORNUNG,
SNYDER ASSENTING; #19472)
Fact Sheet (805K)
Motion To Amend (15K)
29) 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) (MTA #1 SUBSTITUTE RESOLUTION, 6-0;
MTA #2, 6-0; ADOPTED, 5-1; CAMP DISSENTING; CARROLL,
COOK, EMERY, HORNUNG, SNYDER ASSENTING; A-86133)
Fact Sheet (29K)
Attachment (1343K)
Motion To Amend (1947K)
Motion To Amend No. 2 (201K)
Motion To Amend No. 3 (7K)
Motion To Amend No. 4 (7K)
Motion To Amend No. 5 (7K)
Motion To Amend No. 6 (7K)
Motion To Amend No. 7 (7K)
Motion To Amend No. 8 (7K)
30) 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) (PASSED, 6-0; #19473)
31) 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) (MTA #1 SUBSTITUTE ORDINANCE, 6-0;
PASSED, 6-0; #19474)
Motion To Amend (177K)
32) 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) (MTA #1
SUBSTITUTE CONTRACT, 6-0; MTA #2, 6-0; ADOPTED, 6-0;
A-86138)
Attachment (600K)
Motion To Amend (10460K)
Motion To Amend No. 2 (7K)
33) 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. (PASSED, 6-0; #19475)
34) 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.(PASSED, 6-0; #19476)
35) 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)
(ADOPTED, 6-0; A-86139)
Fact Sheet (2867K)
Attachment (872K)
Attachment (2033K)
36) 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)(PASSED, 6-0;#19477)
Fact Sheet (678K)
37) 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)
(PASSED, 6-0; #19478)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST(EXTENDED ONE WEEK)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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, DECEMBER 6, AT 3:00 P.M.
(APPROVED, 6-0)
47) 10R-320 Reappointing Keith Fichenscher and Dan Peterson to
the Veterans Memorial Garden Advisory Council for
terms expiring November 1, 2013.
48) 10R-321 Appointing C.M "Beech" Dale to the Veterans
Memorial Garden Advisory Council for a term
expiring November 1, 2013.
Attachment (68K)
49) 10R-322 Appointing Andrew J. Campbell to the Community
Forestry Advisory Board for a term expiring August
17, 2013.
Attachment (73K)
50) 10R-323 Appointing Molly Brummond, Justin Carlson, Keelan
Chapman and Andrew Barry to the Parks and
Recreation Advisory Board for terms expiring April
27, 2011, April 27, 2012, June 1, 2011, and June
1, 2011, respectively.
Attachment (277K)
51) 10R-324 Reappointing Jose Quintero, Arthel (Gene) Crump,
and Hazell Rodriguez to the Lincoln Commission on
Human Rights for three-year terms expiring
December 31, 2013.
52) 10R-326 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of November 1 -
15, 2010.
Attachment (20K)
Fact Sheet (14K)
53) 10R-328 Approving a Contract Agreement between the City
and ABM Janitorial North Central Region for the
annual requirements for Cleaning Services for
Lincoln Libraries, pursuant to Bid No. 10-154, for
a four-year term.
Attachment (3764K)
Fact Sheet (105K)
54) 10R-329 Approving a Contract Agreement between the City
and Merrell Bros., Inc. for the Transporting of
Biosolids, pursuant to Bid No. 10-212, for a
three-year term with the option to renew for one
additional one-year term.
Attachment (5322K)
Fact Sheet (134K)
55) 10R-325 Application of the Urban Development Department
for the use of public space for the Block 38
Mixed-Use Facility generally located on the north
half of Block 38, between 13th and 14th Streets
and P and Q Streets.
Attachment (374K)
Fact Sheet (9K)
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 7:30 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.
****
The City Council Agenda and Action Sheet may be accessed on the
Internet at:
lincoln.ne.gov