City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 30, 2009 AT 5:30 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) 09R-207 Appointing Gerard R. Finnegan Jr. to the Police
and Fire Pension Plan Investment Board to
complete the original appointment term expiring
September 1, 2011. (ADOPTED, 7-0; A-85601)
Attachment (30K)
2) Clerk's Letter and Mayors Approval of Ordinances
and Resolutions passed by City Council on
November 9, 2009. (PLACED ON FILE)
3) Clerk's Letter and Mayors Approval of Ordinances
and Resolutions passed by City Council on
November 16, 2009. (PLACED ON FILE)
4) Approving the City of Lincoln's Investment
Activity Report for the Fiscal Year 2008-2009.
(ADOPTED, 7-0; A-85602)
5) Administrative Amendment 09072 to Special Permit
1903, approved by the Planning Director on
November 12, 2009, requested by the Diocese of
Lincoln, to rescind Special Permit 1903
originally approved to allow a wireless facility
on property at 3700 Sheridan Blvd.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
6) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Special Permit 09025 - Application of Jon
Newcomer for expansion of a non-standard use
into the front yard setback on property located
at 2600 Rathbone Road.
Special Permit 09026 - Application of
BargNbarn LLC for an enclosed disassembly
operation on property located at NW 27th Street
and West Vine Street.
Use Permit 117C - Application of ESP, Inc
for an amendment to increase the square footage
of the use permit to 53,000 sq. ft. on property
located at S. 14th Street and Yankee Hill Road.
7) Setting the Hearing Date of Monday, December 14,
2009 at 3:00 p.m. for Application of Nader's
Inc. dba Billy's Restaurant for an addition of a
sidewalk caf‚ approximately 14' x 17' located at
1301 H Street. (ADOPTED, 7-0; A-85603)
8) Setting the Hearing Date of Monday, December 14,
2009 at 3:00 p.m. for Application of Twisted
Steele Inc. dba The Bar and Grill for a Class CK
liquor license located at 803 Q Street.
(ADOPTED, 7-0; A-85604)
9) Setting the Hearing Date of Monday, December 14,
2009 at 3:00 p.m. for Application of Omaha
Exposition & Racing, Inc. dba Lincoln Race
Course for a Class CK liquor license located at
1800 State Fair Park. (ADOPTED, 7-0; A-85605)
10) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 11 &
12 HAD 2ND READING)
11) 09-149 Amending Section 9.16.250 of the Lincoln
Municipal Code relating to Residency
Restrictions for Sexual Predators to amend the
definition of sexual predator to conform with
state statute and to establish an effective date
of January 1, 2010.
Fact Sheet (19K)
12) 09-150 Approving a Lease Agreement between the Airport
Authority of the City of Lincoln and the
Lincoln-Lancaster County Health Department for
the lease of storage space by the Health
Department at Building 2714 in Lincoln Air Park
West for a one-year period from December 1, 2009
through November 30, 2010.
Fact Sheet (36K)
Attachment (173K)
PUBLIC HEARING - RESOLUTIONS
13) 09R-209 Special Permit 09023 - Application of Natasha
Olsen for an early childhood care facility for
up to 10 children in a dwelling not used as the
residence of the licensed care provider, with a
request to modify the parking requirements to
allow required parking in the front yard on a
driveway, on property generally located at 2685
West Peach Street. (ADOPTED, 7-0; A-85606)
Fact Sheet (212K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEM 14
HAD 1ST READING)
14) 09-151 Amending Chapter 5.56 of the Lincoln Municipal
Code relating to Emergency Alarm Systems by
amending Section 5.56.010 to add and revise
definitions; amending Section 5.56.020 to make
words and phrases consistent with the
definitions; adding a new Section 5.56.025 to
specify procedures relating to the permitting of
alarm businesses, to specify the length of time
a permit remains valid, to specify the fee for
an alarm business permit, to specify the time
period allowed for renewal of alarm business
permits, and to provide a fee for failure to
obtain a permit; amending Section 5.56.030 to
require permits for all alarm users, to specify
the length of time a permit remains valid, to
specify the time period allowed for renewal of
alarm user permits, and to provide for a permit
fee; amending Section 5.56.040 to require an
alarm business to immediately notify the alarm
user of an alarm, to provide a procedure for
notification of the Emergency Communications/911
Center of an emergency alarm, and to delete
requirements that notification be made by the
Chief of Police; amending Section 5.56.050 to
establish a fee schedule for false alarms to be
assessed to the alarm user during the alarm user
permit term and other fees; adding a new Section
5.56.055 to provide an appeal process; adding a
new Section 5.56.065 relating to the process for
notices and service of the same; amending
Section 5.56.080 to change the penalty language
to include a $50-$500 fine for violation of
Section 5.56.020; and adding a new Section
5.56.090 to establish a severability section for
Chapter 5.56.
Fact Sheet (71K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
15) 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)
(11/2/09 - Action Delayed to 11/9/09)
(11/9/09 - Action Delayed to 11/16/09)
(11/16/09 - Action Delayed to 11/30/09)
(ACTION DELAYED FOR ONE WK. TO 12/7/09, 7-0)
Fact Sheet (18K)
Attachment (362K)
Motion To Amend 1 (6K)
PENDING LIST - DATE CERTAIN
16) 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)
17) 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)
18) 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)
19) 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)
20) 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)
21) 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)
22) 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)
23) 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)
24) 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)
25) 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, DECEMBER 7, 2009, AT 3:00 P.M.
(APPROVED, 7-0)
26) 09R-210 Approving an Agreement between the City of
Lincoln, the State of Nebraska Department of
Roads, and BNSF Railway Company regarding the
closure of public railroad crossings located at
2nd and J Streets and 3rd and J Streets.
Fact Sheet (12K)
Attachment (226K)
27) 09R-211 Assessing the costs incurred for cutting,
clearing and removing weeds against the various
benefitted properties for the period of January
1 through December 31, 2009.
Attachment (292K)
28) 09R-212 Approving an Interlocal Agreement between the
City and Lincoln Public Schools for design and
construction of water quality and stream
stability features at the North Star High School
property generally located northwest of Folkways
Blvd. and N. 33rd Streets.
Fact Sheet (13K)
Attachment (130K)
29) 09R-213 Approving a Conservation Easement Agreement
between the City and the Lower Platte South NRD
to preserve the flood storage capacity on
properties generally located west of 10th and
Military Road.
Fact Sheet (13K)
Attachment (315K)
30) 09R-214 Approving an Agreement between the City of
Lincoln on behalf of the Lincoln-Lancaster
County Health Department and the University of
Nebraska-Lincoln School of Veterinary Medicine
and Biomedical Sciences for UNL students to
observe in the Animal Control Program for their
Veterinary Community Education Program for a
term of January 1, 2010 to December 31, 2013.
Fact Sheet (38K)
Attachment (808K)
31) 09R-215 Approving an Amendment to Lease between the City
of Lincoln on behalf of the Lincoln-Lancaster
County Health Department and the American Red
Cross for the lease of space at 220 Oakcreek
Drive to provide space for the City's Hazardous
Materials vehicle, to extend the expiration of
the term from December 31, 2009 to December 31,
2012.
Fact Sheet (39K)
Attachment (437K)
32) 09R-216 Approving a Supplement to Cooperative Agreement
between the City and the Lower Platte South NRD
to extend the term for management of the City's
Wetland Mitigation Bank for a period of five
years, and to increase the NRD's management fee
from $3,500 to $4,500 annually.
Fact Sheet (13K)
Attachment (40K)
33) 09R-217 Approving a request for relaxation of standards
from the State of Nebraska, Board of Public
Roads Classifications and Standards to allow the
use of three foot shoulders on the Coddington
Avenue project.
Fact Sheet (13K)
34) 09R-218 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of November 1 -
15, 2009.
Fact Sheet (14K)
Attachment (19K)
35) 09R-219 Approving 12 Recovery Go Green Initiative
Contracts for nine full-time and three part-time
AmeriCorps Members, sponsored by the City Parks
and Recreation Department, for a 15-month
program funded through a Federal AmeriCorps
Program grant.
Fact Sheet (57K)
Attachment (6164K)
36) 09R-220 Approving the Block 68 Redevelopment Agreement
between the City and Acher Arms, LLC, relating
to the redevelopment of property generally
located between 10th, 11th, M and N Street.
(Related Items: 09R-220, 09R-221)
Fact Sheet (68K)
Attachment (30476K)
37) 09R-221 Amending the FY 2009/10 Capital Improvement
Program to authorize and appropriate $4.383
million in TIF funds for the Block 68
Redevelopment Project generally located between
10th, 11th, M and N Streets. (Related Items:
09R-220, 09R-221)
Fact Sheet (69K)
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 5:44 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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