City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 6, 2010 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT SNYDER & SPATZ
DUE TO THE HOLIDAYS, THERE WILL BE NO COUNCIL
MEETINGS THE WEEKS OF DECEMBER 20 AND 27
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-320 Reappointing Keith Fichenscher and Dan Peterson
to the Veterans Memorial Garden Advisory Council
for terms expiring November 1, 2013.
(ADOPTED, 5-0; A-86140)
2) 10R-321 Appointing C.M. "Beech" Dale to the Veterans
Memorial Garden Advisory Council for a term
expiring November 1, 2013.
(ADOPTED, 5-0; A-86141)
Attachment (68K)
3) 10R-322 Appointing Andrew J. Campbell to the Community
Forestry Advisory Board for a term expiring
August 17, 2013. (ADOPTED, 5-0; A-86142)
Attachment (73K)
4) 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.
(ADOPTED, 5-0; A-86143)
Attachment (277K)
5) 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. (ADOPTED, 5-0; A-86144)
6) Report from City Treasurer of franchise tax for
the month of September, 2010 from Black
Hills/Nebraska Gas Utility Co., LLC.
(PLACED ON FILE)
7) Report from City Treasurer of E911 surcharge for
3rd Quarter 2010: ACN Communication Services,
Airespring, Inc.; August 2010: Charter Fiberlink-
Nebraska, LLC; September 2010: AT&T Comm. of
Midwest, Budget PrePay, 8x8, Inc., Granite
Telecomm., iNetworks Group, Level 3 Comm., Qwest
Communications Company, TWC Digital Phone,
Vonage America. (PLACED ON FILE)
8) Report from City Treasurer of Telecommunications
Occupation Tax for August 2010: ACN
Communications, Alltel Comm of NE, AT&T Comm. of
Midwest, Broadband Dynamics, Broadwing, Business
Telecom, Cellco Partnership, Cincinnati Bell Any
Distance, Comtel Telecom Assets, Cricket
Communications, CTI Long Distance, DCT Telecom
Group, Global Crossing Telecommunications,
GlobalStar USA, Granite, IBM Global, Intellicall
Operator, KDDI America, Level 3, McLeodUSA,
Nebraska Technology, Network Billing Systems,
New Cingular Wireless, New Edge Network,
Norlight, Omaha Cellular, OnStar LLC, Primus,
Public Comm. Services, Qwest Communications,
Sioux City MSA, TCG Omaha, Telecorp, TracFone
Wireless, Trans National, TWC Digital Phone,
UCN, USCOC of Greater Iowa, USCOC of
Nebraska/Kansas, Verizon Wireless, Virgin Mobile
USA, VoiceCom, Working Assets Funding Service,
WWC License, XO Communications; September
2010: 360networks, 800 Response,
Airespring, AmeriVision, Association
Administrators, ATS Mobile Telephone, BT
Americas, Cause Based, D&D Communications, DCT
Telecom Group, Digizip.com, Enhanced Comm.
Group, Enhanced Comm. Network, First
Communications, Globalcom, Grasshopper Group,
IBFA, iNetworks Group, I-Wireless, Lightyear
Network, MCI, Megapath, NECC Telecom, Nextel
Boost, Nextel West, Norlight, Norstan, NOS
Communications, NOSVA Limited Partnership,
Novega Venture Partners, NPCR, Opex, Orbit, PNG
Telecommunications, SBC Long Distance, Shaffer
Communications, Sprint Communication Company,
Sprint Spectrum, Telecom Management, T-Mobile
Central, Total Holdings, Tri-M Comm, TSG Global,
Unite Private, Viaero Wireless, Wholesale
Carrier Services, Windstream Nebraska, Yestel
USA, Zone Telecom. (PLACED ON FILE)
9) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on November 15, 2010.
(PLACED ON FILE)
10) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on November 22, 2010.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
11) REFERRALS TO THE PLANNING DEPARTMENT:
Change of Zone No. 10025 - Requested by
Compensation Programs, Inc. from R-2 Residential
District to R-T Residential Transition District
on property generally located at N. Cotner
Boulevard and Y Street.
Special Permit No. 10033 - Requested by
Commercial Construction, Inc. for soil
excavation on property generally located at the
northwest corner of the intersection of N. 70th
Street, Interstate 80 and Arbor Road.
Special Permit No. 10034 - Requested by
Commercial Construction, Inc. for soil
excavation on property generally located at the
southeast corner of the intersection of N.
120th Street and Alvo Road.
Use Permit No. 10001 - Requested by
Compensation Programs, Inc. for approximately
3,100 square feet of office use with waiver
request to allow a parking lot to be located 10
feet instead of the required 20 feet from the
adjacent residential district to the east on
property generally located at N. Cotner
Boulevard and Y Street.
12) Setting the hearing date of Monday, January 3,
2011 at 3:00 p.m. for the application of Quin-C,
Inc. dba Big Red 66 #1 for a Class D liquor
license located at 8350 Northwoods Drive.
(ADOPTED, 5-0; A-86145)
13) Setting the hearing date of Monday, January 3,
2011 at 3:00 p.m. for the application of Quin-C,
Inc. dba Big Red 66 #2 for a Class D liquor
license located at 5700 N. 33rd Street.
(ADOPTED, 5-0; A-86146)
14) Informal petition to create a re-paving district
on property located along N. 63rd Street from just
south of Gladstone to Fremont Street submitted by
Rhonda and Kevin Stangl. (REFERRED TO PUBLIC
WORKS DEPT. ON 12/01/10)
15) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
16) Application of Get Luckie, LLC dba Luckie's
Lounge & Grill for a Class C liquor license at
1101 West Bond Street. (ADOPTED FOR APPROVAL,
5-0; A-86147)
17) Manager application of Jesse D. Osborne for Get
Luckie, LLC dba Luckie's Lounge & Grill at 1101
West Bond Street. (ADOPTED FOR APPROVAL, 5-0;
A-86148)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 18 &
19 HAD 2ND READING, SEE ITEM 18)
18) 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.
(WITHDRAWN, 5-0; #38-4606)
19) 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.
PUBLIC HEARING - RESOLUTIONS
20) 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. (ADOPTED, 5-0; A-86149)
Attachment (20K)
Fact Sheet (14K)
21) 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. (ADOPTED, 5-0; A-86150)
Attachment (3764K)
Fact Sheet (105K)
22) 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. (ADOPTED, 5-0; A-86151)
Attachment (5322K)
Fact Sheet (134K)
23) 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. (ADOPTED, 4-1; CARROLL,
COOK, EMERY, HORNUNG ASSENTING; CAMP DISSENTING;
A-86152)
Attachment (374K)
Fact Sheet (9K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 24
THRU 29 HAD 1ST READING)
24) 10-148 Vacation 10011 - Vacating Calvert Street from
the west line of South 6th Street right-of-way
to the east line of the Burlington Northern
Santa Fe Railway right-of-way, generally located
west on the intersection of South 6th Street and
Calvert Street. (Related Items: 10-148,
10R-205) (Action Date: 1/3/2011)
Fact Sheet (619K)
25) 10R-205 Misc. No. 10006 - Application of Morningstar
Investments, LLC, to release a portion of an
existing public access easement and converting
the remaining portion to a common access
easement, on property generally located west of
South 6th Street and Calvert Street. (Related
Items: 10-148, 10R-205) (Action Date: 1/3/2011)
Fact Sheet (1127K)
Attachment (9K)
26) 10-153 Approving a lease agreement between the City and
Experian for the lease of approximately 30,000
square feet of office space in the building
located at 949 West Bond to Experian for an
initial term of five years with option to renew
for two additional five year terms. (Request
2nd, 3rd Readings on 12/13/10)
Fact Sheet (12K)
Attachment (98K)
Memo (23K)
27) 10-154 Amending the Operating Agreement between the
City and Woods Park Tennis Corporation
pertaining to operation of the Woods Park Tennis
Center at 401 S. 33rd Street to modify
provisions regarding the use of funds in the
Tennis Capitol Improvement Fund, to clarify
operator and its staff are not employees of the
City and are not entitled to employee benefits,
and to provide that any failure to enforce any
provision of this Agreement is not a waiver of
such party's subsequent right to enforce every
provision of the Agreement.
Fact Sheet (174K)
Attachment (105K)
28) 10-155 Approving the transfer of the Operating
Agreement for the Woods Park Tennis Center from
Woods Park Corporation to the Friends of Woods
Tennis, Inc.
Fact Sheet (153K)
Attachment (57K)
29) 10-156 Amending Title 2 of the Lincoln Municipal Code
by amending Chapter 2.62, Police and Fire
Pension Plan 'A'; Chapter 2.65, Police and Fire
Pension Plan 'B'; and Chapter 2.66, Police and
Fire Pension Plan 'C' to provide that certain
active members may elect to receive a 13th check
or purchase a cost of living adjustment to apply
to the member's future pension benefit payments.
Fact Sheet (75K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
NONE
RESOLUTIONS - ACTION ONLY
30) 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) (NO MAJORITY, 3-2; CARROLL,
COOK, EMERY ASSENTING; CAMP, HORNUNG DISSENTING;
AUTOMATIC CARRYOVER TO 12/13/10 AGENDA)
Fact Sheet (137K)
Attachment (11680K)
31) 10R-315 Adopting the Lincoln Electric System Annual
Budget for 2011, to become effective January 1,
2011. (Action Date: 12/6/10) (NO MAJORITY, 3-2;
CARROLL, COOK, EMERY ASSENTING; CAMP, HORNUNG DISSENTING;
AUTOMATIC CARRYOVER TO 12/13/10 AGENDA)
Fact Sheet (136K)
Attachment (239K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
32) 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)
33) 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)
34) 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)
35) 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 6Fund, and authorizing the transfer of
said funds to the Roads to Jobs Fund.
(5/11/09 - Placed on Indefinite Pending)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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 13, AT 3:00 P.M.
(APPROVED, 5-0)
41) 10R-334 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of November 16 -
30, 2010.
Fact Sheet (14K)
Attachment (18K)
42) 10R-330 Approving a Contract Agreement between the City
and KONE Inc. to perform Elevator Maintenance
and Testing - Wastewater Plants, pursuant to
Quote No. 3115, for a two-year term with the
option to renew for one additional two-year
term.
Fact Sheet (128K)
Attachment (1931K)
43) 10R-331 Assessing the costs incurred for cutting,
clearing and removing weeds against the various
benefitted properties for the period of January
1 through December 31, 2010.
Attachment (824K)
44) 10R-332 Special Permit 10031 - Application of U-Pull-It,
Inc. to operate an auto salvage yard together
with a request to reduce the setback
requirements for open storage of salvage from
100 feet to zero feet along the east lot line of
property generally located on the east side of
North 70th Street between Fletcher Avenue and
McCormick Drive.
Fact Sheet (1627K)
45) 10R-336 Approving and ratifying the labor contract
between the City of Lincoln and the Lincoln
Firefighters Association, Local No. 644,
International Association of Firefighters,
effective August 19, 2010 through August 31,
2011.
Attachment 1 (221K)
Attachment 2 (155K)
46) 10R-337 Approving appropriations in the amount of
$43,320.00 from the operation of Keno Lottery
Funds for various Human Services (Round 32).
Attachment (64K)
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. THERE WILL ONLY
BE ONE (1) OPEN MICROPHONE SESSION DURING THE MONTH OF
DECEMBER ON DECEMBER 13TH.
Note: Only one (1) Open Microphone session for the month of December
being December 13th.
ADJOURNMENT 3:32 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