City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 3, 2011 AT 3:00 P.M.
THERE WILL BE NO MEETING THE WEEK OF JANUARY 17TH
MARTIN LUTHER KING DAY OBSERVED
ALL MEMBERS PRESENT
PRESENTATION OF MAYOR'S MEDALLION TO LES LINE TECHNICIANS
BRENT FOXHOVEN,JAMIE KRAFT AND MIKE MULLENDORE FOR QUICK
AND ALERT ACTION REPORTING A FIRE AT 35TH & BALDWIN ST.
AND EVACUATING THE RESIDENTS OF THIS APARTMENT BUILDING.
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 Mayor's Approval of
Ordinances & Resolutions passed by Council on
December 6, 2010. (PLACED ON FILE)
2) Clerk's Letter and Mayor's Approval of
Ordinances & Resolutions passed by Council on
December 13, 2010. (PLACED ON FILE)
3) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended October 31,
2010. (ADOPTED, 7-0; A-86165)
4) Lincoln Water & WasteWater System Recapitulation
of Daily Cash Receipts for November 2010.
(PLACED ON FILE)
5) Lincoln Water System Fiscal Year 2009-10 Audit
report. (PLACED ON FILE)
6) Lincoln WasteWater System Fiscal Year 2009-10
Audit report. (PLACED ON FILE)
7) Report from City Treasurer of Franchise Tax for
the month of October 2010 from Black
Hills/Nebraska Gas Utility Company, LLC.
(PLACED ON FILE)
8) Report from City Treasurer of Franchise Tax for
the period ending September 30, 2010 from Time
Warner Cable. (PLACED ON FILE)
9) Report from City Treasurer of 9-1-1
Telecommunications Surcharge Tax for the month
of September 2010: Charter Fiberlink-Nebraska;
October 2010: Nebraska Technology &
Telecommunications, Windstream Communications,
Vonage America, iNetworks. (PLACED ON FILE)
10) Report from City Treasurer of Telecommunication
Tax for the months of September, December, 2009
and March, September, October, 2010. (PLACED
ON FILE)
11) Report from City Treasurer of City Cash on hand
at the close of business November 30, 2010.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
12) PLACED ON FILE IN THE CITY CLERK OFFICE:
Administrative Amendment No. 10059 to
Special Permit No. 1991, Pinecrest Community
Unit Plan, approved by the Planning Director on
December 7, 2010, requested by Olsson
Associates, to add a note to allow covered
unenclosed decks to be 10 feet from the rear lot
line for Lots 9-68, Block 3, on property
generally located at N. 14th St. and Morton St.
Administrative Amendment No. 10066 to
Special Permit No. 04044A, North Creek Villas
Community Unit Plan, approved by the Planning
Director on December 13, 2010, requested by Dave
Carper, to add a note to allow Lots 10-13, Block
6, to be developed as either single family
detached, single family attached or townhouse,
on property generally located at N.
19th St. and Fletcher Ave.
Administrative Amendment No. 10065 to Pre-
Existing Use Permit No. 3, Gateway, approved by
the Planning Director on December 15, 2010,
requested by WEA Gateway, LLC, to add a note to
allow the former Circuit City to be used as long
as the mall expansion as approved by
Administrative Amendment No. 05137 is not
constructed, on property at N. 66th and O St.
Administrative Amendment No. 10054 to Change
of Zone No. 05068, The Woodlands at Yankee Hill
Planned Unit Development, approved by the
Planning Director on December 17, 2010,
requested by ESP, Inc., to revise the lot layout
to show Lots 18-20, Block 28 to accommodate the
uses stated in General Note #12(b), to amend the
General Notes and grading and drainage plan
accordingly, and to designate the Phase 1 and
Phase 11 Areas of the development on the plan,
on property at S. 70th St. and Yankee
Hill Rd.
Administrative Amendment No. 10063 to Use
Permit No. 97A, Aspen Commercial Center,
approved by the Planning Director on December
17, 2010, requested by Olsson Associates, to
change the allowed land use on Lot 3 from
commercial to office and medical office, to
reallocate floor area within the center, to
revise the land use table accordingly, and to
add a general note designating the maintenance
responsibility for the private sanitary sewer,
on property at S. 56th St. and Pine Lake Rd.
13) REFERRED TO PLANNING DEPARTMENT:
Change of Zone 10027 requested by ESP, Inc.
for Hartland Homes from AG Agricultural District
to H-4 General Commercial District, on property
at N. 56th Street and Alvo Road.
Special Permit 10035, requested by Hoppe
Hall, Inc., for a health care facility, on
property at S. 48th Street and Old Cheney Road.
Special Permit 10036, requested by R Auto
Parts, to operate an enclosed vehicle
disassembly operation, on property located at N.
44th Street and Cornhusker Highway.
14) Setting the Hearing Date of Monday, January 24,
2011 at 3:00 p.m. for Application of John Noha
dba JJ's Bar & Grill for a Class I liquor
license located at 2310 N. 1st Street, Suite 7-9.
(ADOPTED, 7-0; A-86188)
15) Setting the Hearing Date of Monday, January10,
2011 at 3:00 p.m. for Application of Will-Mack,
LLC dba Hour Lounge for a Class C liquor license
located at 101 N. 14th Street, #6. (ADOPTED,
7-0; A-86188)
16) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
17) Application of Quin-C Inc. dba Big Red 66 #1 for
a Class D liquor license at 8350 Northwoods
Drive.(ADOPTED FOR APPROVAL, 7-0; A-86166)
18) Manager application of Randy J. Price for Quin-C
Inc. dba Big Red 66 #1 at 8350 Northwoods Drive.
(ADOPTED FOR APPROVAL, 7-0; A-86167)
19) Application of Quin-C Inc. dba Big Red 66 #2 for
a Class D liquor license at 5700 North 33rd
Street. (ADOPTED FOR APPROVAL, 7-0;A-86168)
20) Manager application of Randy J. Price for Quin-C
Inc. dba Big Red 66 #2 at 5700 North 33rd
Street.(ADOPTED FOR APPROVAL, 7-0;A-86169)
21) Application of Casey's Retail Company dba
Casey's General Store #2970 for a Class D liquor
license at 2500 N.W. 12th Street.(ADOPTED FOR
APPROVAL, 7-0; A-86170)
22) Manager application of Tina Marie Krings for
Casey's Retail Company dba Casey's General Store
#2970 at 2500 N.W. 12th Street.(ADOPTED FOR
APPROVAL, 7-0; A-86171)
23) Application of Casey's Retail Company dba
Casey's General Store #2973 for a Class D liquor
license at 3500 North 48th Street.(ADOPTED FOR
APPROVAL, 7-0; A-86172)
24) Manager application of Tina Marie Krings for
Casey's Retail Company dba Casey's General Store
#2973 at 3500 North 48th Street.(ADOPTED FOR
APPROVAL, 7-0; A-86173)
25) Application of Casey's Retail Company dba
Casey's General Store #2977 for a Class D liquor
license at 4715 West Adams Street.(ADOPTED FOR
APPROVAL, 7-0; A-86174)
26) Manager application of Tina Marie Krings for
Casey's Retail Company dba Casey's General Store
#2977 at 4715 West Adams Street.(ADOPTED FOR
APPROVAL, 7-0; A-86175)
27) Application of Casey's Retail Company dba
Casey's General Store #2978 for a Class D liquor
license at 4411 North 27th Street. (ADOPTED FOR
APPROVAL, 7-0; A-86176)
28) Manager application of Tina Marie Krings for
Casey's Retail Company dba Casey's General Store
#2978 at 4411 North 27th Street.(ADOPTED FOR
APPROVAL, 7-0; A-86177)
29) Application of Casey's Retail Company dba
Casey's General Store #2979 for a Class D liquor
license at 4135 South 48th Street.(ADOPTED
FOR APPROVAL, 7-0; A-86178)
30) Manager application of Tina Marie Krings for
Casey's Retail Company dba Casey's General Store
#2979 at 4135 South 48th Street.(ADOPTED FOR
APPROVAL, 7-0; A-86179)
31) Application of Casey's Retail Company dba
Casey's General Store #2980 for a Class D liquor
license at 4002 Adams Street.(ADOPTED FOR
APPROVAL, 7-0; A-86180)
32) Manager application of Tina Marie Krings for
Casey's Retail Company dba Casey's General Store
#2980 at 4002 Adams Street. (ADOPTED FOR APPROVAL,
7-0; A-86181)
33) Application of Casey's Retail Company dba
Casey's General Store #2981 for a Class D liquor
license at 606 West A Street.(ADOPTED FOR APPROVAL,
7-0; A-86182)
34) Manager application of Tina Marie Krings for
Casey's Retail Company dba Casey's General Store
#2981 at 606 West A Street. (ADOPTED FOR APPROVAL,
7-0; A-86183)
35) Application of Casey's Retail Company dba
Casey's General Store #2982 for a Class D liquor
license at 3291 Holdrege Street.(ADOPTED FOR
APPROVAL, 7-0; A-86184)
36) Manager application of Tina Marie Krings for
Casey's Retail Company dba Casey's General Store
#2982 at 3291 Holdrege Street. (ADOPTED FOR APPROVAL,
7-0; A-86185)
37) Application of Casey's Retail Company dba
Casey's General Store #2983 for a Class D liquor
license at 4401 N 70th Street. (ADOPTED FOR APPROVAL,
7-0; A-86186)
38) Manager application of Tina Marie Krings for
Casey's Retail Company dba Casey's General Store
#2983 at 4401 N 70th Street.(ADOPTED FOR APPROVAL,
7-0; A-86187)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 39 & 40 HAD 2ND READING)
39) 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)
40) 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)
PUBLIC HEARING - RESOLUTIONS
41) 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. (ADOPTED, 7-0;
A-86190)
Fact Sheet (113K)
Attachment (1511K)
42) 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. (ADOPTED, 7-0;
A-86191)
Attachment (1880K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 43 THRU 49 HAD 1ST READING)
43) 11-3 Authorizing and providing for the issuance
of not to exceed $8,200,000 aggregate
principal amount of general obligation
storm water bonds of the City of Lincoln,
Nebraska.
Fact Sheet (93K)
44) 11-1 Amending Section 1 of Ordinance No. 18967
relating to the pay schedule and schedule
of pay ranges for employees whose
classifications are assigned to a pay range
prefixed by the letter "A" by creating the
classification of Forestry Supervisor.
Fact Sheet (86K)
Attachment (147K)
45) 11-2 Approving the lease agreement between the
City and Jamie Sylvester, Slick Graphix,
for the lease of office space by Aging
Partners for its Personal & Family Services
program located at 370 N. 5th Street, David
City, Nebraska for a term of March 1, 2011
through February 28, 2012.
Fact Sheet (170K)
Attachment (116K)
46) 11R-10 Approving the S.W. 56th and W. Van Dorn Street
Conditional Zoning Agreement between the Ruth M.
Borchers Trust and the City of Lincoln regarding
a change of zone from AG Agricultural District
to AGR Agricultural Residential District to
allow acreage development subject to a build
through plan for future urbanization on property
generally located at S.W. 56th Street and W. Van
Dorn Street. (Related Items: 11R-10, 11-4)
Action Date: 1/24/11)
Fact Sheet (19K)
Attachment (17K)
47) 11-4 Change of Zone 10021 - Application of the
Ruth M. Borchers Trust for a change of zone
from AG Agricultural District to AGR
Agricultural Residential District on
property generally located at the northeast
corner of S.W. 56th Street and W. Van Dorn
Street. (Related Items: 11R-10, 11-4)
Action Date: 1/24/11)
Fact Sheet (791K)
48) 11-5 Approving a Lease Agreement between the
City of Lincoln d/b/a Lincoln City
Libraries and the Foundation for Lincoln
City Libraries for the lease of office
space by the Foundation at Bennett Martin
Library for a term commencing on January 1,
2011 and terminating on December 31, 2020.
Fact Sheet (94K)
Attachment (400K)
49) 11-6 Amending Chapter 10.06 of the Lincoln
Municipal Code relating to the
Administration and Enforcement of Vehicles
and Traffic regulations to repeal Section
10.06.090 establishing the Violations
Bureau, and amending Sections 10.06.100,
10.06.110, 10.06.120, and 10.06.140 to
transfer the responsibility of the
Violations Bureau including the collection
and associated accounting of parking
tickets to the Parking Service Division of
the Urban Development Department and to
provide for an administrative hearing
process and an appeal.
Fact Sheet (90K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
50) 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) (PASSED, 7-0; #19482)
Fact Sheet (619K)
51) 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) (ADOPTED, 7-0; A-86192)
Fact Sheet (1127K)
Attachment (9K)
52) 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.
(PASSED, 7-0; #19483)
Fact Sheet (174K)
Attachment (105K)
53) 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. (PASSED, 7-0; #19484)
Fact Sheet (153K)
Attachment (57K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
54) 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)
55) 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)
56) 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)
57) 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)
58) 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)
59) 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)
60) 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)
61) 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)
62) 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 10, 2011 AT 3:00 P.M.
(APPROVED, 7-0)
63) 11R-12 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of December 1 -
31, 2010.
Fact Sheet (14K)
Attachment (19K)
64) 11R-14 Approving a Contract Agreement between the City
and IDEXX Laboratories, Inc. for the annual
supply of Analytical Testing Supplies and
Chemicals for a term effective upon execution by
both parties through September 21, 2013.
Fact Sheet (127K)
Attachment (644K)
65) 11R-15 Approving a Contract Agreement between the City
and Alamar Uniforms for the annual requirements
for Work Clothing, Pursuant to Bid No. 10-208,
for a four-year term.
Fact Sheet (126K)
Attachment (246K)
66) 11R-1 Approving an agreement between the City of
Lincoln on behalf of the Lincoln-Lancaster
County Health Department and Nebraska
Wesleyan University Department of Nursing
to provide clinical training for Nebraska
Wesleyan's public health nursing students
at the Health Department for a term of
January 1, 2011 through June 30, 2014.
Fact Sheet (87K)
Attachment (765K)
67) 11R-2 Appointing Craig Gies to the Building Code
Board of Appeals for a term expiring April
1, 2013.
Attachment (60K)
68) 11R-3 Appointing Gill Peace to the Urban Design
Committee for a term to expiring February
1, 2014.
Attachment (64K)
69) 11R-4 Reappointing Lynn Sunderman and Tim Francis
to the Board of Zoning Appeals for a term
expiring February 1, 2016.
70) 11R-5 Reappointing Scott Sullivan and Michelle
Penn to the Urban Design Committee for
terms expiring February 1, 2014.
71) 11R-6 Approving Amendment No. 2 to The Woodlands
at Yankee Hill Conditional Annexation and
Zoning Agreement between 3AP-SE, LLC,
Midwest Net Lease Investors-SE, LLC, R.C.
Krueger Development Company, Krueger
Holding Company and Calruby, LLC and the
City of Lincoln to change the location and
to defer the dedication of the parkland
relating to the annexation of property
generally located southeast of the
intersection of South 70th Street and
Yankee Hill Road.
Attachment (401K)
72) 11R-7 Re-adopting the Water System Impact Fee
Schedule, Water Distribution Impact Fee
Schedule, Wastewater Impact Fee Schedule,
Arterial Street Impact Fee Schedule, and
Neighborhood Park and Trail Impact Fee
Schedule without any adjustment for
inflation for 2011.
Fact Sheet (100K)
73) 11R-8 Adopting the Revision and Restatement of
the Section 457(b) governmental deferred
compensation plan administered by
Ameritas/UNIFI.
Fact Sheet (99K)
Attachment (6854K)
74) 11R-9 Reappointing Jon Camp to the District
Energy Corporation for a term expiring
December 31, 2012.
75) 11R-11 Approving an Amended and Restated Joint Public
Agency Agreement of the West Haymarket Joint
Public Agency between the City of Lincoln and
the Board of Regents of the University of
Nebraska to define the West Haymarket
Redevelopment Area boundaries.
Attachment (8853K)
76) 11R-13 A resolution supporting introduction of
legislation by the Nebraska State Legislature
for improvements and reform of the Commission of
Industrial Relations procedures, policies and
adjudication of industrial disputes involving
employees of municipal governments.
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
JANUARY ARE THE 10TH AND 31st.
ADJOURNMENT 3:27 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