City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 5, 2009 AT 3:00 P.M.
Anyone wishing to address an item on the Consent
Agenda may do so at this time
ALL MEMBERS PRESENT
PUBLIC HEARING
CONSENT AGENDA
REPORTS OF CITY OFFICERS
1) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on September 21, 2009. (PLACED ON FILE)
2) Report from City Treasurer of Cash on Hand at
the close of business August 31, 2009. PLACED
ON FILE)
PETITIONS & COMMUNICATIONS
NONE
3) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
4) Application of Bosselman, Inc. dba Pump & Pantry
#9 for a Class D liquor license at 345 West O
Street. (ADOPTED FOR APPROVAL, 7-0;A-85529)
5) Manager application of Tana R. Witte for
Bosselman, Inc. dba Pump & Pantry at 345 West O
Street. (ADOPTED FOR APPROVAL, 7-0; A-85530)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
6) 09R-175 Approving an agreement between the Lincoln-
Lancaster County Health Department and Nebraska
Department of Health and Human Services for
access to the Electronic Registration System -
Vital Statistics (birth data) for a period of
October 1, 2009 to September 30, 2011.
(ADOPTED, 7-0;A-85531)
Fact Sheet (37K)
Attachment (143K)
7) 09R-176 Approving a contract between the City of Lincoln
and the University of Nebraska to provide food
services and related items for the Lincoln Area
Agency on Aging through local inter-governmental
cooperative purchasing with the Board of Regents
of the University of Nebraska at Lincoln with
Cash-Wa Distribution Co. for a three-year term
from September 1, 2009 to August 31, 2012 with
the option for an additional one-year term.
(ADOPTED, 7-0; A-85532)
Fact Sheet (40K)
Attachment (3450K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 8 THRU 11 HAD 1ST READING)
8) 09-133 Approving an Amendment to the Lease Agreement
between Lincoln Medical Education Partnership
and the City of Lincoln for an increase from 200
sq. ft. to 511 sq. ft. of leased space for the
Lincoln-Lancaster County Health Department WIC
Program at 4600 Valley Road.
Fact Sheet (38K)
Attachment (35K)
9) 09-134 Change of Zone 09021 - Amending Chapter 27.81 of
the Lincoln Municipal Code relating to General
Provisions of the Zoning Code by adding a new
section numbered 27.81.021 to provide a
procedure for appeals of administrative
approvals by the Planning Director, and by
adding a new section numbered 27.81.022 to
provide the manner for giving notice of the
Planning Director's grant of administrative
approvals.
Fact Sheet (17K)
10) 09-135 Change of Zone 2463D - Application of The 3
Amigos Properties, LLC, to amend the Highpointe
Planned Unit Development to allow a changeable
copy freestanding sign to be located in the
commercial component of the development adjacent
to Old Cheney Road, on property generally
located southwest of S. 48th Street and Old
Cheney Road.
Fact Sheet (234K)
11) 09-136 Approving a lease agreement between the City and
the Panama Caf‚ for the lease of space by the
Lincoln Area Agency on Aging for its ActivAge
Center Program at 310 Locust Street, Panama,
Nebraska from September 1, 2009 to August 31,
2010.
Fact Sheet (42K)
Attachment (59K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
12) 09-128 Amending Section 9.36.080 of the Lincoln
Municipal Code to add an additional exception to
the prohibition against the discharge of
firearms, weapons and other instruments within
the city limits by adding a new subsection to
allow an exemption for hunts authorized by the
City of Lincoln on its own property and
conducted under the supervision of the Nebraska
Game & Parks Commission; and repealing Section
9.36.080 of the Lincoln Municipal Code as
hitherto existing. (PASSED, 7-0; #19311)
Fact Sheet (18K)
13) 09-129 Change of Zone 09022 - Application of the Urban
Development Department to create a special sign
district for the 48th and O Streets
Redevelopment Plan area, generally located
northeast of the intersection of South 48th and
O Streets.(PASSED, 7-0; #19312)
Fact Sheet (238K)
14) 09-130 Approving a Lease Agreement between the City and
the American Legion Post #280 for the lease of
space by the Lincoln Area Agency on Aging for
its ActivAge Center Program at 970 Monroe,
Bennet, Nebraska from September 1, 2009 through
August 31, 2010.(PASSED, 7-0; #19313)
Fact Sheet (39K)
Attachment (56K)
15) 09-131 Approving a Lease Agreement between the City and
the Hickman Presbyterian Church for the lease of
space by the Lincoln Area Agency on Aging for
its ActivAge Center Program at 300 E. Third
Street, Hickman, Nebraska from September 1, 2009
through August 31, 2010.(PASSED, 7-0; #19314)
Fact Sheet (61K)
Attachment (93K)
16) 09-132 Adopting an amended and restated City of Lincoln
Employees' Retirement Plan and Trust for
civilian (non-uniformed service) employees
providing for a change in employer contributions
for employees hired after a date certain and
adopting IRS Interim Amendments No. 1 and No. 2.
(ACTION DELAYED TO 10/12/09, 7-0)
Fact Sheet (18K)
Attachment (362K)
Motion To Amend 1 (6K)
17) 09-120 Annexation 09003 - Amending the Lincoln
Corporate Limits Map by annexing approximately
27.52 acres of property generally located at
South 91st Street and Highway 2. (Related
Items 09-120, 09-121) (9/14/09 - Action con't.
to 10/5/09)(PASSED, 7-0; #19315)
Fact Sheet (635K)
Attachment (274K)
18) 09-121 Change of Zone 09011 - Application of Andermatt
LLC for a change of zone from AG Agricultural to
B-2 Planned Neighborhood Business District
Southlake PUD for approximately 104,000 square
feet of health care facility, approximately
50,000 square feet of office, and approximately
15,000 square feet of commercial, and approval
of a development plan which proposes to modify
standards of the underlying zoning district,
subdivision regulations and design standards, on
property generally located at S. 91st Street and
Highway 2. (Related Items 09-120, 09-121)
(9/14/09 - Action con't. to 10/5/09)(PASSED,
7-0; #19316)
Fact Sheet (818K)
PENDING LIST - DATE CERTAIN
19) 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)
PENDING LIST(EXTENDED ONE WEEK; SEE ITEMS 25, 28)
20) 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)
21) 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)
22) 07-58 Change of Zone 07010 - Application of Steve
M. Champoux for a change of zone from AG
Agricultural District to AGR Agricultural
Residential District on property generally
located at 134th and A Streets. (Request
of applicant to continue P.H. to 5/7/07)
(4/16/07 - 2nd Reading & P.H. Con't. to
5/7/07 w/ Action 5/14/07) (Request to Delay
Action w/con't. P.H. to 7/23/07) (5/14/07 -
Action Delayed w/con't. P.H. to 7/23/07)
(Request to Place on Pending - No Date
Certain) (7/23/07 - Placed on Pending, No
Date Certain)
Fact Sheet (1439K)
23) 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)
24) 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)
25) 09R-165 Comp. Plan Conformity No. 09005 - Approving and
adopting a proposed amendment to the Lincoln
Center Redevelopment Plan for the Block 68
Redevelopment Project for the development of a
hotel and entertainment complex, mixed-use
residential and commercial building with retail
on the first floor and parking facility for the
proposed uses on property located on the block
bounded by 10th, 11th, M and N Streets.
(9/21/09 - P.H. & Action con't. to 9/28/09)
(9/28/09 - Placed on Pending, No Date Certain w/
P.H. when removed from Pending)(REMOVED FROM PENDING
TO HAVE PUBLIC HEARING & ACTION IN TWO WEEKS ON
10/19/09, 5-2; CAMP, EMERY, HORNUNG, SNYDER, SPATZ
ASSENTING; CARROLL & COOK DISSENTING.)
Fact Sheet (1872K)
Attachment (818K)
26) 09-97 Amending the pay schedule for a certain
employee group by creating the
classification of Senior Attorney.
(8/3/09 - Placed on Pending; to be
removed for 1st Reading at same time as M
Class has 1st Reading)(8/31/09 - P.H.
con't w/Action to 9/14/09)(9/14/09 - P.H.
con't. w/Action to 9/28/09) (9/28/09 - Placed
on Pending, No Date Certain)
Fact Sheet (134K)
Attachment (9K)
27) 09-98 Amending the pay schedule for a certain
employee group by revising the
classification of Attorney II. (8/3/09 -
Placed on Pending; to be removed for
1st Reading at same time as M Class
has 1st Reading) (8/31/09 - P.H.
con't w/Action to 9/14/09) (9/14/09 - P.H.
con't. w/Action to 9/28/09) (9/28/09 -
Placed on Pending, No Date Certain)
Fact Sheet (134K)
Attachment (9K)
28) 09-100 Amending Chapter 2.76 of the Lincoln Municipal
Code relating to the City's Personnel System by
amending the Title Page to delete Section
2.76.160 Compensation Plan, Variable Merit Pay
Plan; amending Section 2.76.040 Definitions, to
define Excluded Employee; amending Section
2.76.130 Position and Pay Range Allocation,
relating to Excluded Employees; amending Section
2.76.135 Merit Pay Plan Established, to include
Excluded Employees and increase the maximum
number of merit pay steps; amending Section
2.76.145 Merit Pay Plan, Administration and
Requirements for Advancement, to include the
newly defined Excluded Employees; amending
Section 2.76.150 Merit Pay Plan, Pay Increases
for Exceptional Service, to include the newly
defined Excluded Employees; amending 2.76.155
Longevity Pay to adjust the annual longevity pay
plan relating to certain "N" and Excluded
Employees; deleting all of Section 2.76.160
Variable Merit Pay Plan; amending Section
2.76.175 Promotion, Transfer, Demotion or
Temporary Promotion relating to the newly
defined Excluded Employees; amending Section
2.76.200 Temporary Assignment to a Higher
Classification relating to the newly defined
Excluded Employees; amending Section 2.76.380
Sick Leave with Pay, as it relates to employees
with a pay range prefixed by M, A, C, E, N, or
X; and amending Section 2.76.395 Vacation Leave
with Pay as it relates to employees with a pay
range prefixed by M; and repealing 2.76 Title
Page and Sections 2.76.040, 2.76.130, 2.76.135,
2.76.145, 2.76.150, 2.76.155, 2.76.160,
2.76.175, 2.76.200, 2.76.380, and 2.76.395 of
the Lincoln Municipal Code as hitherto existing.
(8/3/09 - Placed on Pending; to be removed
for 1st Reading at same time as M Class
has 1st Reading) (8/31/09 - P.H. con't
w/Action to 9/14/09) (9/14/09 - P.H. con't.
w/Action to 9/28/09)(9/28/09 - Placed on
Pending, No Date Certain)(REMOVED FROM PENDING
FOR ACTION ON 10/12/09, 7-0.)
Fact Sheet (136K)
Motion To Amend 1 (52K)
Motion To Amend 2 (51K)
29) 09-101 Amending Chapter 2.78 of the Lincoln Municipal
Code relating to the City's Personnel System by
amending Section 2.78.010 Compensation Plan
Established to exclude employees with a pay
range prefixed by M; amending Sections 2.78.020
Annual Leave, 2.78.025 Variable Merit Pay Plan,
and 2.78.030 Sick Leave to delete the references
to employees with a pay range prefixed by the
letter M; and repealing 2.78 Title Page and
Sections 2.78.010, 2.78.020, 2.78.025, and
2.78.030 of the Lincoln Municipal Code as
hitherto existing. (8/3/09 - Placed on
Pending; to be removed for 1st Reading
at same time as M Class has 1st
Reading) (8/31/09 - P.H. con't w/Action to
9/14/09) (9/14/09 - P.H. con't. w/Action to
9/28/09) (9/28/09 - Placed on Pending, No Date
Certain)
Fact Sheet (135K)
Motion To Amend 1 (14K)
30) 09-103 Amending the pay schedule for a certain employee
group by adjusting the hourly pay range schedule
and schedules of annual, monthly, biweekly and
hourly pay range equivalents for employees of
the City of Lincoln whose classifications are
assigned to pay ranges prefixed by the letter
"M" to be effective August 20, 2009. (8/3/09
- Placed on Pending; to be removed for
1st Reading at same time as M Class has
1st Reading) (8/31/09 - P.H. con't
w/Action to 9/14/09) (9/14/09 - P.H. con't.
w/Action to 9/28/09) (9/28/09 - Placed on
Pending, No Date Certain)
Fact Sheet (134K)
Attachment (138K)
Motion To Amend 1 (158K)
Motion To Amend 2 (378K)
Motion To Amend 3 (559K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, OCTOBER 12, 2009, AT 3:00 P.M.
(APPROVED, 7-0)
31) 09R-177 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of September 16-
30, 2009.
Fact Sheet (14K)
Attachment (21K)
32) 09R-178 Assessing Public Health Nuisance Abatement costs
associated with the clearing of public nuisances
by the Health Department to the following
benefitted properties: 2518 P St.,1416 N. 21st
St., 2335 S. 39th St., 835 Peach St., 837 South
St., 2910 T St., 3090 T St., 1334 N. 20th St.,
844 Peach St., 4901 Normal Blvd., 1411 N. 24th
St., 1425 N. 24th St., 2744 Starr St., 913 Rose
St., 5118 Knox St., 1434 N. 27th St., 2026 Lake
St., 1944 L St., 1645 Washington St., 405 S.
26th St., 417 S. 26th St., 1629 Prospect St.,
4321 Greenwood St., 6501 Franklin St., 425 N.
28th St., 4011 N. 60th St., 3203 Orchard St.,
1645 Washington St., 1130 N. 29th St., 1200 S.
16th St., 2400 N St., 1834 Prospect St., 2024 S.
18th St., 540 N. 28th St., 309 S. 25th St., 1105
N. 25th St., 6935 Colfax Ave., 336 N. 32nd St.,
830 N. 25th St., 2525 Cleveland St., 826 S. 31st
St., 540 N. 48th St., 2327 D St., 6927
Aylesworth St., 344 N. 27th St.
Fact Sheet (52K)
Attachment (2546K)
At the 2/9/09 City Council Organizational Meeting, the
Register to Speak Session was repealed by a consensus of
members present.
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 OCTOBER ARE THE
12TH AND THE 26TH.
ADJOURNMENT 3:20 P.M.
ANNOUNCEMENTS:
Beginning August 3, 2009, City Council meetings will
begin at 3:00 p.m. The last meeting of the month will
continue at 5:30 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
***