City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 12, 2009 AT 3:00 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE MAYOR'S AWARD OF EXCELLENCE
PRESENTED TO A TEAM FROM PARKS & RECREATION FORESTRY DIVISION:
ARBORISTS DENNIS GARTNER, JEFFREY GRUBER, ALLEN KEEN, JOSEPH PETT,
AND ANDREW WALKER FOR THE CATEGORIES OF CUSTOMER RELATIONS,
LOSS PREVENTION, PRODUCTIVITY AND SAFETY.
Anyone wishing to address an item on the Consent Agenda may
do so at this time
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 28, 2009. (PLACED ON FILE)
2) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended August 31,
2009. (ADOPTED, 7-0; A-85533)
3) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for September 2009.
(PLACED ON FILE)
4) Report from City Treasurer of Franchise tax for
the month of August 2009: Black Hills/Nebraska
Gas Utility Company, LLC. (PLACED ON FILE)
5) Report from City Treasurer of E911 Surcharge for
the month of July 2009: Charter Fiberlink -
Nebraska, LLC; August 2009: iNetworks Group,
Vonage America, Vonage America, Budget Prepay,
Granite Telecomm., 8x8, 8x8, Qwest Comm., AT&T
Comm. of Midwest, Level 3, Level 3, TWC Digital
Phone, AT&T Comm. of Midwest, Comtel Telcom
Assets, ACN Comm. (PLACED ON FILE)
6) Report from City Treasurer of Telecommunications
Occupation Tax for the month of July 2009: USCOC
of Greater Iowa, TWC Digital Phone, Virgin
Mobile USA, AT&T Comm. of Midwest, Qwest, New
Cingular Wireless, Windstream Nebraska, Verizon
Wireless, Omaha Cellular, Nebraska Technology &
Telecomm., IBFA Acquisition, Norstan Network,
Cellco Partnership, Sioux City MSA, KDDI
America, Trans National, inContact, IBM Global,
Quantum Shift, CIMCO, TON. Telecorp, McLeodUSA,
Working Assets, OnStar, Broadband Dynamics, XO
Comm., Granite, Primus, ACN, Global Crossing,
USCOC of NE/KS, Globalstar USA, VoiceCom, TCG
Omaha, Intellicall Operator, New Edge Networks,
Broadwing, Cincinnati Bell Any Distance, CTI,
TracFone Wireless; August 2009: Unite Private
Networks, D&D, Alltel, Alltell Comm. of NE,
Unite Private Networks, Windstream NE, Sprint
Spectrum, Nextel, Sprint, Circket, MCI, Network
Billing, i-wireless, Nextel West, Viaero, SBC
Long Distance, BT Americas, Tri-M, Enhanced
Comm., Yestel USA, Total Holdings, Zone, NOSVA,
Lightyear Network, Globalcom, First Comm.,
360networks (USA), Covista, ATS Mobile,
Wholesale Carrier. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
7) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone 09025 - Application of
Engineering Design Consultants from R-5 to H-4
on property generally located at S.
33rd Street and Yankee Hill Road.
Special Permit 07015A - Application of Sue
Brouse, Don Brouse, and Thomas Folsom for an
amendment to the Tamarin Ridge Planned Service
Commercial to allow a 22,000 sq. ft. auto dealer
or other H-4 permitted use on Lot 5 and updating
the hotel sq. ft. and parking requirements on
property generally located at S. 27th
Street and Tamarin Ridge Road.
Special Permit 09022 - Application of
Engineering Design Consultants for a special
permit for Wilderness Place Planned Service
Commercial to allow a 50,000 sq. ft. auto dealer
on property generally located at S.
33rd Street and Yankee Hill Road.
8) Setting the Hearing Date of Monday, October 19,
2009 at 3:00 p.m. for the Application of
Whitehead Oil Company dba U-Stop Convenience
Shop for a Class D liquor license located at
2140 K Street, Suite 100. (ADOPTED, 7-0; A-85534)
9) Setting the Hearing Date of Monday, November 2,
2009 at 3:00 p.m. for the Application of Gokie
Petroleum, Inc. dba Fast Mart for a Class D
liquor license located at 3293 A Street.
(ADOPTED, 7-0; A-85535)
10) Setting the Hearing Date of Monday, November 2,
2009 at 3:00 p.m. for the Application of Strong
Island Enterprise, Inc. dba Bricktop for a Class
C liquor license located at 1427 O Street.
(ADOPTED, 7-0; A-85536)
11) Setting the Hearing Date of Monday, November 2,
2009 at 3:00 p.m. for the Application of Stop 'N
Shop, Inc. dba Stop 'N Shop #7 for a Class D
liquor license located at 5640 S. 16th Street.
(ADOPTED, 7-0; A-85537)
12) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
13) Application of UR Rockin Inc. dba Uncle Ron's
for the addition of an area measuring
approximately 59 feet by 42 feet to the southeast and
an outdoor beer garden area measuring
36 feet by 20 feet to the east of the
licensed premises at 2137 Cornhusker Highway.
(ADOPTED FOR APPROVAL, 7-0; A-85538)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 14 THRU 17 HAD 2ND READING)
14) 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)
15) 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)
16 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)
17 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)
PUBLIC HEARING - RESOLUTIONS
18) 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.(ADOPTED, 7-0; A-85539)
Fact Sheet (14K)
Attachment (21K)
19) 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. (ADOPTED, 7-0;
A-85540)
Fact Sheet (52K)
Attachment (2546K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEM 20 HAD 1ST READING)
20) 09-137 Declaring two parcels of City owned property,
commonly known as 4802 O Street and 4850 O
Street as surplus and authorizing the sale
thereof to Sup Family II, LLC.
Fact Sheet (37K)
Attachment (601K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
21) 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 Nos. 1 and No.
2.(10/5/09 - Action Delayed to 10/12/09)
(ACTION DELAYED ONE WEEK TO 10/19/09, 7-0)
Fact Sheet (18K)
Attachment (362K)
Motion To Amend 1 (6K)
22) 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) (10/5/09 - Removed
from Pending for Action 10/12/09)(MTA #2 ADOPTED,
7-0; PASSED AS AMENDED, 7-0; #19317)
Fact Sheet (136K)
Motion To Amend 1 (52K)
Motion To Amend 2 (51K)
PENDING LIST - DATE CERTAIN
23) 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) (10/5/09
- To have P.H. & Action on 10/19/09)
Fact Sheet (1872K)
Attachment (818K)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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 19, 2009, AT 3:00 P.M.
(APPROVED, 7-0)
34) 09R-179 Approving the appointment of Rodney M. Confer as
the City Attorney for a two year term effective
November 1, 2009.
35) 09R-180 Approving the designation of the public
employees to be in Responsible Charge for pre-
construction and construction phases for Federal
aid transportation projects for the Nebraska
Department of Roads.
Fact Sheet (17K)
36) 09R-181 Approving and accepting the award of a
continuation grant fund for the Lincoln-
Lancaster County Health Department in the amount
of $45,000.00 for Assessing the Walkable
Environment through Resident Participation for
the period from October 1, 2009 through June 30,
2011.
Fact Sheet (43K)
Attachment (446K)
37) 09R-182 Approving a multi-year contract with Waste
Connections of Nebraska for waste hauling
services to all City departments for a two-year
term with a two-year option for renewal.
Fact Sheet (49K)
Attachment (2241K)
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 4:08 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.
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The City Council Agenda and Action Sheet may be accessed on
the Internet at:
lincoln.ne.gov
***