City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 26, 2009 AT 5:30 P.M.
ALL MEMBERS PRESENT
PRESENTATION BY YOUTH AFTER SCHOOL AMBASSADORS: CONSTANCE
CUSHMAN, HUNTINGTON 5TH GRADER, ASHLYN DREWS, RILEY 4TH GRADER
AND KATY HART, LUX MIDDLE SCHOOL 7TH GRADER, IN SUPPORT OF THE
LIGHTS ON AFTER SCHOOL PROGRAM
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) Affidavit of Mailing for the Board of
Equalization for Downtown Business Improvement
District, Core Business Improvement District
Overlay & Downtown Maintenance District to be
held on Monday, November 9, 2009 at 3:00 p.m.
(PLACED ON FILE)
2) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on October 12, 2009. (PLACED ON FILE)
3) 09R-185 Appointing Gerald R. Finnegan Jr. to the
City Audit Advisory Board for a term expiring
March 1, 2011. (ADOPTED, 7-0; A-85548)
Attachment (35K)
4) 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.
(ADOPTED, 7-0; A-85549)
Attachment (71K)
5) 09R-187 Reappointing Alison Larson to the Community
Health Endowment Board of Trustees for a three-
year term expiring September 1, 2012.
(ADOPTED, 7-0; A-85550)
6) 09R-188 Reappointing Jan Gauger to the Lincoln Housing
Authority Board for a five-year term expiring
July 1, 2014. (ADOPTED, 7-0; A-85551)
7) 09R-189 Reappointing Modesta Putla and Martin Ramirez to
the Mayor's Multicultural Advisory Committee for
three-year terms expiring September 18, 2012.
(ADOPTED, 7-0; A-85552)
8) 09R-190 Appointing Lynn O. Sunderman to the Board of
Zoning Appeals for a term expiring February 1,
2011. (ADOPTED, 7-0; A-85553)
Attachment (33K)
PETITIONS & COMMUNICATIONS
9) THE FOLLOWING HAVE BEEN REFERRED TO THE
PLANNING DEPARTMENT:
Special Permit No. 804K - App. of Husker
Exteriors for an amendment to adjust a setback
in the Silver Ridge Condominiums in the Taylor
Park Community Unit Plan to allow for the
enclosure of a sunroom on property generally
located at Teton Drive and Silver Ridge Road.
Special Permit No. 09023 - App. of
Natasha Olsen for an early childhood care
facility on property generally located at SW
27th Street and West A Street.
10) Setting the hearing date of Monday, November 9,
2009 at 3:00 p.m. for the application of James
Harmon dba Cheapest Damn Cigarettes for an
upgrade to a Class D liquor license at 4821
Cornhusker Hwy. (ADOPTED, 7-0; A-85554)
11) Setting the hearing date of Monday, November 9,
2009 at 3:00 p.m. for the application of Old
Federal Place, LLC dba The Grand Manse for an
upgrade to a Class CK liquor license with the
addition of Unit 113 at 129 N. 10th Street.
(ADOPTED, 7-0; A-85555)
12) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 13
THRU 16 HAD 2ND 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)
PUBLIC HEARING - RESOLUTIONS
17) 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. (ADOPTED, 7-0; A-85556)
Fact Sheet (14K)
Attachment (21K)
18) 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.
(ADOPTED, 7-0; A-85557)
Fact Sheet (25K)
Attachment (622K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 19
THRU 22 HAD 1ST READING)
19) 09-142 Amending the pay schedules for certain employee
groups assigned to the pay range which is
prefixed by the letter M by changing the title
of Deputy Fire Chief to Battalion Chief, by
changing the title of Deputy Fire Chief of
Training to Division Chief of Training and by
changing the title of and revising the
classification of Deputy Fire Chief of
Maintenance to Division Chief of Maintenance.
Fact Sheet (158K)
20) 09-143 Amending the pay schedules for certain employee
groups assigned to the pay range which is
prefixed by the letter C by changing the pay
range for the job classification of Urban Search
and Rescue Specialist.
Fact Sheet (160K)
21) 09-144 Amending the pay schedules for certain employee
groups assigned to the pay ranges which are
prefixed by the letters N and C by changing the
title and pay range for the job classification
of Radio System Lead Technician (N20) to Radio
System Specialist (C27) and by changing the
title and pay range for the job classification
of Radio System Lead Technician (N21) to Radio
System Lead Specialist (C28).
Fact Sheet (164K)
22) 09-145 Change of Zone HP 09020 - Amending Ordinance No.
19305, passed by the City Council on September
14, 2009, to accept a corrected Exhibit "A",
Guidelines for Preservation for Rickets Mansion,
attached to the ordinance.
Fact Sheet (18K)
Attachment (363K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
23) 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. (PASSED, 7-0;
#19322)
Fact Sheet (37K)
Attachment (601K)
24) 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)
(10/19/09 - Action Delayed to 10/26/09)
(DELAYED ACTION FOR ONE WK. TO 11/02/09, 7-0)
Fact Sheet (18K)
Attachment (362K)
Motion To Amend 1 (6K)
PENDING LIST - DATE CERTAIN
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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, NOVEMBER 2, 2009, AT 3:00 P.M.
(APPROVED, 6-0; CARROLL ABSENT)
35) 09R-191 Reappointing Robert Smith and Larry Anderson to
the Community Forestry Advisory Board for three-
year terms expiring August 17, 2012.
36) 09R-192 Reappointing Art Zygielbaum, Laurie Thomas Lee
and Mary Herres to the Cable Advisory Board for
three-year terms expiring July 1, 2012.
37) 09R-193 Appointing Rebecca Garrett-Ferguson to the
Police and Fire Pension Plan Investment Board
for a term expiring September 1, 2014.
Attachment (35K)
38) 09R-194 Reappointing Debra Daily to the Keno
Advisory Board for a three-year term expiring
July 1, 2012.
39) 09R-195 Comp. Plan Conformity 09010 - Approving
amendments to the Lincoln Center Redevelopment
Plan to add the "Haymarket Hotel and Tool House
Redevelopment Project Area" to include
redevelopment of two existing buildings, an
addition to the existing buildings and
construction of a new building that together
will house hotel, residential and other
commercial uses, on property generally bounded
by 8th, 9th, Q and R Streets.
Fact Sheet (3648K)
Attachment (961K)
40) 09R-196 Authorizing the acceptance of a Tour de Lincoln
bicycle sculpture in memory of Greg Dunbar for
inclusion in the City's public art collection
and for display on public property near the
Teachers Fountain at 27th and Capitol Parkway.
Fact Sheet (44K)
41) 09R-197 Approving the use of public right-of-way by
University of Nebraska-Lincoln to place two
conduits in Vine Street to provide telephone and
fiber optic service to a new UNL parking
structure at 19th and Vine Streets.
Fact Sheet (434K)
Memo (6K)
42) 09R-198 Adopting the Lincoln Electric System Rate
Schedule, Service Regulations, and Cost Analysis
Summary providing for a system average increase
of 2.9 percent, to be effective January 1, 2010.
Fact Sheet (43K)
Attachment (203K)
Attachment 2 (387K)
43) 09R-199 Adopting the Lincoln Electric System Annual
Budget for 2010, to become effective January 1,
2010.
Fact Sheet (42K)
Attachment (407K)
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 6:21 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
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