City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 2, 2009 AT 3:00 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO MEETING THE WEEK OF NOVEMBER 23RD
DUE TO HOLIDAY
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 19, 2009. (PLACED ON FILE)
2) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on October 26, 2009. (PLACED ON FILE)
3) 09R-191 Reappointing Robert Smith and Larry Anderson to
the Community Forestry Advisory Board for three-
year terms expiring August 17, 2012.
(ADOPTED, 7-0; A-85558)
4) 09R-192 Reappointing Art Zygielbaum, Laurie Thomas Lee
and Mary Herres to the Cable Advisory Board for
three-year terms expiring July 1, 2012.
(ADOPTED, 7-0; A-85559)
5) 09R-193 Appointing Rebecca Garrett-Ferguson to the
Police and Fire Pension Plan Investment Board
for a term expiring September 1, 2014.
(WITHDRAWN, 7-0; #38-4597)
6) 09R-194 Reappointing Debra Daily to the Keno Advisory
Board for a three-year term expiring July 1,
2012. (ADOPTED, 7-0; A-85560)
7) Approving the Assessment Resolution for Downtown
Business Improvement District for Board
of Equalization, Monday, November 9, 2009 at
3:00 p.m. (ADOPTED, 7-0; A-85561)
8) Approving the Assessment Resolution for Downtown
Maintenance Improvement District for Board of
Equalization, Monday, November 9, 2009 at
3:00 p.m. (ADOPTED, 7-0; A-85562)
9) Approving the Assessment Resolution for Downtown
Core Business Improvement District for Board of
Equalization, Monday, November 9, 2009 at
3:00 p.m. (ADOPTED, 7-0; A-85563)
PETITIONS & COMMUNICATIONS
10) Setting the hearing date of Monday, November 16,
2009 at 3:00 p.m. for the Application of The
Grove Bldg., Inc. dba The Grove for a Class C
liquor license located at 340 West Cornhusker.
(ADOPTED, 7-0; A-85564)
11) Setting the hearing date of Monday, November 16,
2009 at 3:00 p.m. for the Application of Hong's,
Inc. IV dba China Buffet for a Class I liquor
license located at 120 N. 66th Street.
(ADOPTED, 7-0; A-85565)
12) Setting the hearing date of Monday, November 16,
2009 at 3:00 p.m. for the Application of
Speakeasy Management Group, LLC dba Speakeasy
for a Class C liquor license located at 3233 1/2
S. 13th Street. (ADOPTED, 7-0; A-85566)
13) Setting the hearing date of Monday, November 16,
2009 at 3:00 p.m. for the Application of MMG
Nebraska F & B, Inc. dba Chili's Grill & Bar for
a Class I liquor license located at 6730 S. 27th
Street. (ADOPTED, 7-0; A-85567)
14) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
15) Application of Gokie Petroleum Inc. dba Fast
Mart for a Class D liquor license at 3293 A
Street. (ADOPTED FOR APPROVAL, 7-0; A-85568)
16) Manager application of Terrance L. Gokie for
Gokie Petroleum Inc. dba Fast Mart at 3293 A
Street. (ADOPTED FOR APPROVAL, 7-0; A-85569)
17) Application of Stop 'N Shop Inc. dba Stop 'N
Shop #7 for a Class D liquor license at 5640
South 16th Street. (ADOPTED FOR APPROVAL, 7-0;
A-85570)
18) Manager application of Jason K. Laessig for
Stop 'N Shop Inc. dba Stop 'N Shop #7 at 5640
South 16th Street. (ADOPTED FOR APPROVAL, 7-0;
A-85571)
19) Application of Strong Island Enterprise, Inc.
dba Bricktop for a Class C liquor license at
1427 O Street. (ADOPTED FOR APPROVAL, 7-0;
A-85572)
20) Manager application of David R. Marlborough for
Strong Island Enterprise, Inc. dba Bricktop at
1427 O Street. (ADOPTED FOR APPROVAL, 6-1; CAMP,
CARROLL, COOK, EMERY, SNYDER, SPATZ ASSENTING;
HORNUNG DISSENTING; A-85573)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 21
THRU 24 HAD 2ND READING)
21) 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)
22) 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)
23) 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)
24) 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 Ricketts Mansion,
attached to the ordinance.
Fact Sheet (18K)
Attachment (363K)
PUBLIC HEARING - RESOLUTIONS
25) 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. (ADOPTED, 6-0;
CARROLL, COOK, EMERY, HORNUNG, SNYDER, SPATZ
ASSENTING; CAMP ABSTAINING; A-85574)
Fact Sheet (3648K)
Attachment (961K)
26) 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.
(ADOPTED, 7-0; A-85575)
Fact Sheet (44K)
27) 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.
(MTA #1 ADOPTED, 7-0; ADOPTED AS
AMENDED, 7-0; A-85576)
Fact Sheet (12K)
Attachment (677K)
28) 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.
(Request Action on 11/16/09) (DELAYED
ACTION 1 WK. TO 11/16/09, 7-0)
Fact Sheet (43K)
Attachment (203K)
Attachment 2 (387K)
29) 09R-199 Adopting the Lincoln Electric System Annual
Budget for 2010, to become effective January 1,
2010. (Action Date: 11/16/09)
Fact Sheet (42K)
Attachment (407K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 30
THRU 32 HAD 1ST READING)
30) 09-146 Change of Zone 09025 - Application of Lincoln
Federal Bancorp for a change of zone from R-5
Residential District to H-4 General Commercial
District on property generally located at the
southeast corner of South 33rd Street and Yankee
Hill Road.
Fact Sheet (349K)
31) 09-147 Misc. 09009-1 - Amending Section 26.23.140 of
the Lincoln Municipal Code to expand the
exceptions to the requirement that every lot
shall front upon and take access to a public
street; and repealing Section 26.23.140 as
hitherto existing.
Fact Sheet (19K)
32) 09-148 Misc. 09009-2 - Amending Section 26.31.010 of
the Lincoln Municipal Code relating to
modification of requirements to grant the
Planning Director authority to extend the time
for installation of required subdivision
improvements and to provide a procedure for
appeals of such approvals by the Planning
Director; and repealing Section 26.31.010 of the
Lincoln Municipal Code as hitherto existing.
Fact Sheet (71K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
33) 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. (PASSED, 7-0; #19323)
Fact Sheet (14K)
34) 09-139 Vacation 09005 - Vacating the entire east-west
alley between North 41st Street and North 42nd
Street, north of Y Street. (PASSED, 7-0; #19324)
Fact Sheet (215K)
35) 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.
(PASSED, 7-0; #19325)
Fact Sheet (40K)
36) 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. (PASSED, 7-0; #19326)
Fact Sheet (46K)
Attachment (58K)
37) 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)
(10/26/09 - Action Delayed to 11/2/09)
(DELAYED ACTION 1 WK. TO 11/9/09, 7-0)
Fact Sheet (18K)
Attachment (362K)
Motion To Amend 1 (6K)
PENDING LIST - DATE CERTAIN
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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 9, 2009, AT 3:00 P.M.
(APPROVED, 7-0)
48) 09R-200 Approving Sun Valley Bar & Grill as a keno
satellite site at 300 West P Street.
Fact Sheet (42K)
49) 09R-201 Accepting a Warranty Deed from Shoemaker's Truck
Station, Inc. dedicating the property as street
right-of-way for the extension of S.W. 48th
Street south of West O Street to the southern
boundary of the Shoemaker's property.
Fact Sheet (45K)
Attachment (59K)
50) 09R-202 Approving Amendment No. 2 to the Interlocal
Agreement between the City and Nebraska Game &
Parks Commission for operation of the archery
range located within Helen Boosalis Park at 44th
and Superior Streets.
Fact Sheet (42K)
Attachment (31K)
51) 09R-203 Approving a Service Agreement between the City
of Lincoln and the School District of the City
of Lincoln for use of LPS facilities by the
Lincoln-Lancaster County Health Department to
conduct emergency mass clinic operations.
Fact Sheet (38K)
Attachment (181K)
52) 09R-204 Approving an Agreement between the City of
Lincoln and the University of Nebraska-Lincoln,
Dept. of Food Science and Technology, to provide
online food handlers training programs for the
Lincoln-Lancaster County Health Department for
a term of December 1, 2009 through November 30,
2013.
Fact Sheet (40K)
Attachment (225K)
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 NOVEMBER ARE THE
9TH AND THE 30TH.
ADJOURNMENT 5:26 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
***