InterLinc Home Page
lincoln.ne.gov
City of Lincoln
City of Lincoln
City Council Office

Formal Agenda


    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

City Council
Meetings