City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 19, 2009 AT 3:00 P.M.
ALL MEMBERS PRESENT
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 October 5, 2009. (PLACED ON FILE)
2) 09R-179 Approving the appointment of Rodney M. Confer as
the City Attorney for a two year term effective
November 1, 2009. (ADOPTED, 7-0; A-85541)
3) Setting the hearing date of Monday, November 9,
2009, at 3:00 p.m. for the Board of Equalization
for Downtown Business Improvement District, Core
Business Improvement District Overlay & Downtown
Maintenance District. (APPROVED, 7-0)
PETITIONS & COMMUNICATIONS
4) Informal Paving Petition for paving of Lewis
Avenue north of Adams Street to Knox Street
submitted by Eugene Hinkle. (REFERRED TO PUBLIC WORKS)
5) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
6) Application of Whitehead Oil Company dba U-Stop
#25 for a Class D liquor license at 2140 K
Street, Suite 100. (ADOPTED FOR APPROVAL, 7-0;
A-85542)
7) Manager application of Brian J. Makovicka for
Whitehead Oil Company dba U-Stop #25 at 2140 K
Street, Suite 100. (ADOPTED FOR APPROVAL, 7-0;
A-85543)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEM 8
HAD 2ND READING)
8) 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)
PUBLIC HEARING - RESOLUTIONS
9) 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. (ADOPTED, 7-0; A-85544)
Fact Sheet (17K)
10) 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. (ADOPTED, 7-0; A-85545)
Fact Sheet (43K)
Attachment (446K)
11) 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.
(ADOPTED, 7-0; A-85546)
Fact Sheet (49K)
Attachment (2455K)
12) 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)
(MTA #1 ADOPTED, ADOPTED AS AMENDED; A-85547)
Fact Sheet (1872K)
Attachment (818K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 13
THRU 16 HAD 1ST READING)
13) 09-138 Change of Zone 09023 - Amending Section 27.51.030
of the Lincoln Municipal Code relating to the Use
Regulations in the I-3 Employment Center District
to add a provision allowing a building to be used
as an accessory use for a residence for resident
watchmen and caretakers or supervisory personnel
employed and residing on the premises; and
repealing Section 27.51.030 of the Lincoln
Municipal Code as hitherto existing.
Fact Sheet (14K)
14) 09-139 Vacation 09005 - Vacating the entire east-west
alley between North 41st Street and North 42nd
Street, north of Y Street.
Fact Sheet (215K)
15) 09-141 Change of Zone 09026 - Amending Section
27.45.020 of the Lincoln Municipal Code relating
to permitted uses in the H-4 General Commercial
District to add office buildings as a permitted
use; and repealing Section 27.45.020 of the
Lincoln Municipal Code as hitherto existing.
Fact Sheet (40K)
16) 09-140 Approving a lease agreement between the City and
the Asian Community & Cultural Center for the
lease of space by the Lincoln Area Agency on
Aging for its ActivAge Center Program at 2615 O
Street, Lincoln, Nebraska from September 1, 2009
to August 31, 2010.
Fact Sheet (46K)
Attachment (58K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
17) 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. (PASSED, 7-0; #19318)
Fact Sheet (38K)
Attachment (35K)
18) 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. (PASSED, 7-0; #19319)
Fact Sheet (17K)
19) 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. (PASSED, 7-0; #19320)
Fact Sheet (234K)
20) 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. (PASSED, 7-0; #19321)
Fact Sheet (42K)
Attachment (59K)
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)
(10/12/09 - Action Delayed to 10/19/09)
(ACTION DELAYED 1 WK. TO 10/26/09)
Fact Sheet (18K)
Attachment (362K)
Motion To Amend 1 (6K)
PENDING LIST - DATE CERTAIN
22) 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)
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) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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 26, 2009, AT 5:30 P.M.
(APPROVED, 7-0)
32) 09R-183 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of October 1 -
15, 2009.
Fact Sheet (14K)
Attachment (21K)
33) 09R-184 Approving an Interlocal Agreement between the
City of Lincoln and Lancaster County to provide
for the street widening for left turn lanes on
Van Dorn Street at South 91st Street and on
Pioneers Blvd. at Thorn Court, including the
acquisition of right-of-way and the
establishment of maintenance responsibilities.
Fact Sheet (25K)
Attachment (622K)
34) 09R-185 Appointing Gerald R. Finnegan Jr. to the City
Audit Advisory Board for a term expiring March
1, 2011.
Attachment (35K)
35) 09R-186 Appointing Douglas Ganz and Jane Raybould to the
Community Health Endowment Board of Trustees for
three-year terms expiring on September 1, 2012.
Attachment (71K)
36) 09R-187 Reappointing Alison Larson to the Community
Health Endowment Board of Trustees for a three-
year term expiring September 1, 2012.
37) 09R-188 Reappointing Jan Gauger to the Lincoln Housing
Authority Board for a five-year term expiring
July 1, 2014.
38) 09R-189 Reappointing Modesta Putla and Martin Ramirez to
the Mayor's Multicultural Advisory Committee for
three-year terms expiring September 18, 2012.
39) 09R-190 Appointing Lynn O. Sunderman to the Board of
Zoning Appeals for a term expiring February 1,
2011.
Attachment (33K)
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.
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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
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