City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 14, 2009 AT 3:00 P.M.
DUE TO THE HOLIDAYS, THERE WILL BE NO COUNCIL
MEETINGS THE WEEKS OF DECEMBER 21 AND 28
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE PRESENTED
TO DEBORAH BAINES OF THE AGING PARTNERS DIVISION
OF THE MAYOR'S DEPARTMENT FOR THE CATEGORIES OF CUSTOMER
RELATIONS, LOSS PREVENTION, AND PRODUCTIVITY.
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 Council on
November 30, 2009. (PLACED ON FILE)
2) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended October 31,
2009. (ADOPTED, 7-0; A-85622)
3) Report from City Treasurer of City Cash on Hand
at the close of business October 31, 2009.
(PLACED ON FILE)
4) Lincoln Water & WasteWater System Recapitulation
of Daily Cash Receipts for November 2009.
(PLACED ON FILE)
5) Report from City Treasurer of Franchise tax for
the month of October, 2009 from Black
Hills/Nebraska Gas Utility Company, LLC.
(PLACED ON FILE)
6) Report from City Treasurer of County E911 for
the period July to September 2009: TWC Digital
Phone; September 2009: Charter Fiberlink;
October 2009: AT&T of Midwest, ACN, Comtel
Telcom Assets, Granite, Qwest Comm., 8x8, TWC
Digital Phone, Level 3, Level 3, Vonage
America, Vonage America, Budget Prepay, iNetwork
Group, iNetworks Group, 8x8. (PLACED ON FILE)
7) Report from City Treasurer of Occupation
Taxation for July to September 2009: MegaPath,
Reliance, Matrix; September 2009: AT&T, USCOC of
Greater Iowa, TWC Digital Phone, Virgin Mobile
USA, Nebraska Technology & Telecomm., Windstream
Nebraska #150, Windstream Nebraska #494, Sprint,
New Cingular Wireless, Qwest Comm., Verizon
Wireless, Omaha Cellular, Guaranteed Phone
Service, Cellco Partnership, Norstan Network,
Sioux City MSA, 800 Response Info., Network
Billing, Broadwing, UCN, AireSpring, Granite,
Telecorp, Primus, USCOC of NE/KS, XO, Working
Assets, Arizona Telephony, Global Crossing,
Comtel, ACN, IDT Domestic, Globalstar USA,
McLeodUSA, OnStar, Trans National, AccessLine,
Public Comm., Quantum Shift, Farm Bureau, TON
Services, KDDI America, Cincinnati Bell,
Intellical Operator, TCG Omaha, CIT Long
Distance, VoiceCom, TracFone, IBM Global, CIMCO;
October 2009: Unite Private Networks, D&D,
Nextel, Sprint, Sprint Spectrum, MCI, Windstream
Nebraska #150, SBC Long Distance, Network
Billing, BT Americas, Total Holdings, Lightyear,
Zone Telecom, Tri-M, Enhanced Comm., TSG Global,
NOSVA, First Communications, Globalcom,
360networks(USA), Viaero Wireless, NOS,
Wholesale Carrier, Nextel West, Covista, ATS
Mobile, Pioneer Telephone, Yestel USA, i-
wireless. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
8) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPT.:
Change of Zone 09027 - requested by
Manzitto, Inc. and Michael Builders corp. from
R-3 to B-2 on property located at Lucile Drive
and Pioneers Boulevard.
Change of Zone 09028 - requested by
Lancaster County Board of Commissioners from P
to R-4 on property located at S. 10th
Street and South Street.
Special Permit 384G - requested by Tabitha
Health Care Facilities for an amendment to
expand the existing health care facility on
property located at 4720 Randolph Street.
Special Permit 09027 - requested by Ocho
Properties, LLC to allow an indoor kennel on
property located at S. 40th Street and
Old Cheney Road.
9) Administrative Amendment No. 09021 to
Change of Zone No. 06075, Wilderness Commons
Planned Unit Development, approved by the
Planning Director on December 2, 2009, requested
by Engineering Design Consultants, LLC., to:
A. Change the land use on certain lots as
shown on the site plan;
B. Expand the allowable square feet in
the PUD by 20,000 sq. ft. from 600,000
sq. ft. to 620,000 sq. ft.;
C. Reduce the number of lots in
Block 2 from 14 to 6;
D. Add S. 39th St. as a private roadway;
E. Add Edelweiss Ct. as a right-in,
right-out, on to S. 40th St.;
F. Revise the site layout and various
site notes;
G. Increase the height from 40 feet to 55
feet in the interior of the PUD,
excluding lots on the perimeter,
on property generally located on the southwest
corner of 40th St. and Yankee Hill Rd.
(PLACED ON FILE)
10) Administrative Amendment No. 09073 to
Special Permit No. 1988, approved by the
Planning Director on December 4, 2009,
requested by Hausmann Construction, Inc.,
to:
A. Transfer the 30 unassigned dwelling
units to Lot 3, Tamarin Ridge
1st Addition, to bring the
total multi-family dwelling units
permitted on this lot to 190;
B. Clarify Note #1 under Community Unit
Plan General Notes on building height,
on property generally located at 7400 Jacob
Creek Dr. (PLACED ON FILE)
11) Setting the Hearing Date of Monday, January 4,
2010, at 3:00 p.m. for the Application of
Whitehead, Inc. dba U Stop 4 for a Class D
liquor license located at 6600 N. 84th
Street. (ADOPTED, 7-0; A-85623)
12) Setting the Hearing Date of Monday, January 11,
2010, at 3:00 p.m. on the following applications
for 11 Walgreen Company locations for Class D
liquor licenses: 5701 Village Drive, 8300
Northern Lights Drive, 5500 Red Rock Lane, 1301
O Street, 2600 S. 48th Street, 7045 O Street,
4000 S. 70th Street, 2502 N. 48th Street,
1701 South Street, 4811 O Street and 2630 Pine Lake Road.
(ADOPTED, 7-0; A-85624)
13) Setting the Hearing Date of Monday, January 11,
2010, at 3:00 p.m. for the Application of TCN
Inc. dba Chinasia for a Class I liquor license
located at 2704 Y Street. (ADOPTED, 7-0; A-85625)
14) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
15) Application of Nader's Inc. dba
Billy's Restaurant for the addition of
an outdoor sidewalk caf‚ area
measuring approximately 14 feet by 17
feet to the south of the licensed
premises at 1301 H Street. (ADOPTED
FOR APPROVAL, 7-0; A-85626)
16) Application of Omaha Exposition and Racing Inc.
dba Lincoln Race Course for a Class C and K
liquor license at 1800 State Fair Park.
(ADOPTED FOR APPROVAL, 7-0; A-85627)
17) Manager application of Judd A. Bietz for Omaha
Exposition and Racing Inc. dba Lincoln Race
Course at 1800 State Fair Park.(ADOPTED FOR APPROVAL,
7-0; A-85628)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
18) 09R-222 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of November 16 -
30, 2009. (ADOPTED FOR APPROVAL, 7-0; A-85629)
Fact Sheet (14K)
Attachment (19K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 19 THRU 21 HAD 1ST READING)
19) 09-154 Approving the Amended and Restated Site Lease
from the City and the County to the Lincoln-
Lancaster County Public Building Commission; the
Amended and Restated Lease Agreement from the
Commission to the County and the City; and the
issuance of not to exceed $4,750,000 of the
Commission's Tax Supported Lease Rental Revenue
Building and Refunding Bonds, Series 2010.
20) 09-152 Approving a lease agreement between the City and
the Village of Firth for the lease of space by
the Lincoln Area Agency on Aging for its
ActivAge Center Program at 311 Nemaha Street,
Firth, Nebraska from September 1, 2009 to August
31, 2010.
Fact Sheet (47K)
Attachment (59K)
21) 09-153 Authorizing the sale of surplus property
described as portions of Lots 11 and 12,
Wesleyan Heights Addition, generally located
northwest of North 41st Street and Greenwood
Street to Dennis Wohlers. (Request
2nd & 3rd Readings on 1/4/2010)
(12/14/09 - Request Withdrawn)
Fact Sheet (51K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
22) 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. (ACCEPTED SUBSTITUTE ORDINANCE,
7-0; AMENDED SUBSTITUTE ORDINANCE, 7-0; PASSED AS
AMENDED, 7-0; #19336)
Fact Sheet (71K)
Motion To Amend (52K)
Motion To Amend Substitute (8K)
23) 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 Weekly to
12/14/09) (ACTION DELAYED TO 1/4/10, 7-0)
Fact Sheet (18K)
Attachment (362K)
Motion To Amend 1 (6K)
RESOLUTIONS - ACTION ONLY
24) 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)
(12/7/09 - Action Delayed 1 wk to
12/14/09)(ACCEPTED SUBSTITUTE REDEVELOPMENT
AGREEMENT, 7-0; ADOPTED, 7-0; A-85630)
Fact Sheet (68K)
Attachment (30476K)
25) 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) (12/7/09 - Action
Delayed 1 wk to 12/14/09)(ADOPTED 7-0; A-85631)
Fact Sheet (69K)
PENDING LIST - DATE CERTAIN
26) 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
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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, JANUARY 4, 2010, AT 3:00 P.M.
(APPROVED, 7-0)
36) 09R-223 Reappointing Maria Prendes-Lintel to the
Community Health Endowment Board of Trustees for
a three-year term expiring September 1, 2012.
37) 09R-224 Comp. Plan Conformity 09012 Approving
amendments to the Lincoln Center Redevelopment
Plan to add the "13th and L Redevelopment
Project" to include construction of a new
commercial complex with retail and office space
on property generally bounded by 13th, 14th, K
and L Streets.
Fact Sheet (924K)
Attachment (1270K)
38) 09R-225 Approving a Supplemental Agreement No. 2 between
the City and State Dept. of Roads for the
Jamaica North Trail Phase 2(B), NDOR Project No.
ENH-55(160) Control No 12879, providing for the
State to advertise, conduct letting and review
bids for the Jamaica North Trail, pay all
eligible project costs directly to the
consultants and contracts, extends the deadline
for securing a construction contract and
approves Terry Genrich as the City's Responsible
Charge.
Fact Sheet (49K)
Attachment (193K)
39) 09R-226 Approving the City of Lincoln Contract Agreement
between the City and Republic Parking System,
Inc. for the management of the City of Lincoln
parking facilities for a term of September 1,
2009 through August 30, 2013.
Fact Sheet (43K)
Attachment (130K)
40) 09R-227 To re-adopt the Water System Impact Fee
Schedule, Water Distribution Impact Fee
Schedule, Wastewater Impact Fee Schedule,
Arterial Street Impact Fee Schedule, and
Neighborhood Park and Trail Impact Fee Schedule
without any adjustment for inflation for 2010.
Fact Sheet (41K)
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. THERE WILL
ONLY BE ONE (1) OPEN MICROPHONE SESSION DURING THE
MONTH OF DECEMBER BEING DECEMBER 14TH WHICH IS A
3:00 P.M. MEETING.
ADJOURNMENT
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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