City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 13, 2010 AT 3:00 P.M.
DUE TO THE HOLIDAYS, THERE WILL BE NO COUNCIL
MEETINGS THE WEEKS OF DECEMBER 20 AND 27
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF NOVEMBER
WAS AWARDED TO PAMELA ROWE, PUBLIC HEALTH EDUCATOR II FOR THE
HEALTH DEPARTMENT 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
NONE
PETITIONS & COMMUNICATIONS
1) PLACED ON FILE IN THE CITY CLERK'S OFFICE:
Administrative Amendment No. 10064 to Use
Permit No. 129A, approved by the Planning
Director on December 1, 2010, requested by ESP,
Inc., to add General Note #9 stating "A 6' high
opaque fence will be constructed, as shown on
the landscape plan, on Lots 5, 6 and 7, Block
32, at the time of building permit", on property
generally located at S. 14th St. and
Vavrina Blvd.
2) Setting the Hearing Date of Monday, January 3,
2011 at 3:00 p.m. for the following Applications
of Class D liquor licenses: Casey's General
Store 2970 at 2500 NW 12th St.; Casey's General
Store 2973 at 3500 N. 48th St.; Casey's General
Store 2977 at 4715 W. Adams St.; Casey's General
Store 2978 at 4411 N. 27th St.; Casey's General
Store 2979 at 4135 S. 48th St.; Casey's General
Store 2980 at 4002 Adams St; Casey's General
Store 2981 at 606 W. A St. (ADOPTED, 7-0;
A-86153)
3) MISCELLANEOUS REFERRALS
Setting the Hearing Date of Monday, January 3, 2011
at 3:00 p.m. for the Applications of Class D liquor
licenses: Casey's General Store 2982 at 3291 Holdrege
St.; Casey's General Store 2983 at 4401 N. 70th St.
(ADOPTED, 7-0; A-86154)
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
4) Application of Countryview Studios Inc. dba Art
& Soul for a Class C liquor license at 5740
Hidcote Drive.(ADOPTED FOR APPROVAL, 7-0;
A-86155)
5) Manager application of Justina R. Slattery for
Countryview Studios Inc. dba Art & Soul at 5740
Hidcote Drive.(ADOPTED FOR APPROVAL, 7-0;
A-86156)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 6 THRU 11 HAD 2ND READING; SEE ITEMS 8 AND 11)
6) 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)
7) 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)
8) 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)(WAIVED RULES TO HAVE
2ND & 3RD READING W/ACTION; 5-2; CARROLL, COOK,
EMERY, HORNUNG, SPATZ ASSENTING; CAMP, SNYDER
DISSENTING; PASSED, 5-2; CARROLL, COOK, EMERY,
SNYDER, SPATZ ASSENTING; CAMP, HORNUNG DISSENTING;
#19479)
Fact Sheet (12K)
Attachment (98K)
Memo (23K)
9) 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)
10) 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)
11) 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.
(Request 2nd, 3rd Readings on 12/13/10) (Related
Items 10-156, 10R-336)(WAIVED RULES TO HAVE 2ND
& 3RD READING W/ACTION; 6-1; CARROLL, COOK, EMERY,
HORNUNG,SNYDER, SPATZ ASSENTING; CAMP DISSENTING;
PASSED, 4-3; CARROLL, COOK, EMERY, SNYDER ASSENTING;
CAMP, HORNUNG, SPATZ DISSENTING; #19480)
Fact Sheet (75K)
PUBLIC HEARING - RESOLUTIONS
12) 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. (AMENDED TO REMOVE CONNIE JOHNSON CLAIM,
7-0; ADOPTED AS AMENDED, 7-0; A-86157)
Fact Sheet (14K)
Attachment (18K)
13) 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.(ADOPTED, 6-1; CAMP, CARROLL, COOK,
EMERY, SNYDER, SPATZ ASSENTING; HORNUNG
DISSENTING; A-86158)
Fact Sheet (128K)
Attachment (1931K)
14) 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. (ADOPTED, 7-0;
A-86159)
Attachment (824K)
15) 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. (ADOPTED, 7-0; A-86160)
Fact Sheet (1627K)
16) 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. (Related Items 10-156, 10R-336)
(ADOPTED, 4-3; CARROLL, COOK, EMERY, SNYDER
ASSENTING; CAMP, HORNUNG, SPATZ DISSENTING;
A-86161)
Attachment 1 (221K)
Attachment 2 (155K)
17) 10R-337 Approving appropriations in the amount of
$43,320.00 from the operation of Keno Lottery
Funds for various Human Services (Round 32).
(ADOPTED, 7-0; A-86162)
Attachment (64K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 18 AND 19 HAD 1ST READING)
18) 10-157 Change of Zone 10022 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. (Related
Items: 10-157, 10-158)
Fact Sheet (1528K)
19) 10-158 Misc. 10010 Amending Title 26 of the Lincoln
Municipal Code relating to Land Subdivision by
amending Sections 26.24.010 and 26.25.010 to
adopt the February 18, 2011 Flood Insurance Rate
Map (FIRM) as required by the Federal Emergency
Management Agency. (Related Items: 10-157,
10-158)
Fact Sheet (1524K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
20) 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. (AMENDED #1,
7-0; PASSED AS AMENDED, 7-0; #19481)
Motion To Amend (45K)
RESOLUTIONS - ACTION ONLY
21) 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.
(12/6/10 - Lack of majority vote; automatic
carryover to 12/13/10)(ADOPTED, 6-1; CAMP, CARROLL,
COOK, EMERY, SNYDER, SPATZ ASSENTING; HORNUNG DISSENTING;
A-86163)
Fact Sheet (137K)
Attachment (11680K)
22) 10R-315 Adopting the Lincoln Electric System Annual
Budget for 2011, to become effective January 1,
2011. (12/6/10 - Lack of majority vote;
automatic carryover to 12/13/10)
(ADOPTED, 6-1; CAMP, CARROLL, COOK, EMERY,
SNYDER, SPATZ ASSENTING; HORNUNG DISSENTING; A-86164)
Fact Sheet (136K)
Attachment (239K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
23) 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)
24) 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)
Fact Sheet (13K)
25) 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)
26) 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)
27) 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)
28) 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)
Fact Sheet (1367K)
29) 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)
30) 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)
31) 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, JANUARY 3, 2011 AT 3:00 P.M.
(APPROVED, 7-0)
32) 10R-339 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.
Fact Sheet (113K)
Attachment (1511K)
33) 10R-338 Approving the Fiber and Conduit Sharing
Agreement between the City of Lincoln, the
University of Nebraska Board of Regents and
Unite Private Networks, LLC, relating to the
installation, operation and maintenance of a
private network within certain streets and
public rights of way within jointly owned
facilities of the parties.
Attachment (1880K)
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 5:29
***
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