City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 22, 2010 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
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) 10R-76 Reappointing Robert Baldwin, Charles Bowmaster,
Dean Clawson, John Faz, Kenneth Orr and Jesse
Smith to the Veterans' Memorial Garden Advisory
Council for terms expiring November 1, 2012.
(ADOPTED, 6-0; A-85777)
2) 10R-77 Appointing Diane Bartels and William Bowman to
the Veterans Memorial Garden Advisory Council
for three-year terms expiring November 1, 2012.
(ADOPTED, 6-0; A-85778)
Attachment (52K)
3) Accepting Report of Board of Equalization to the
City Council on Group I, Sidewalk District 95
and Sewer District 1183. (PLACED ON FILE)
4) Clerk's Letter and Mayor's approval of
Ordinances & Resolutions passed by Council on
March 8, 2010. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
5) THE FOLLOWING HAVE BEEN PLACED ON FILE IN THE
OFFICE OF THE CITY CLERK:
Administrative Amendment No. 09070 to
Special Permit No. 228E, Capitol Beach, approved
by the Planning Director on March 9, 2010,
requested by Josh Schwartz, to reduce the side
yard setback to 0.8 feet and the rear yard
setback to zero for an existing boathouse at 222
W. Lakeshore Dr. The reduction in the setback
will enable the owner to build a deck and cover
over the existing boathouse.
Administrative Amendment No. 10003 to
Change of Zone No. 04075A, Village Gardens
Planned Unit Development, approved by the
Planning Director on March 11, 2010, requested
by Olsson Associates, to add Type B/C to the Lot
Building & Type and Parking Matrices on Pages 14
and 16, to add a new use type for Type B/C -
Bungalow Court on Page 20, and to add a
definition for Bungalow Court to the glossary on
Page 28, on property generally located at S.
56th Street and Pine Lake Road.
Administrative Amendment No. 09048 to
Special Permit No. 07001, South Shore Townhomes
Waterford Estates, approved by the Planning
Director on March 12, 2010, requested by Olsson
Associates, for an amendment to Note 8 regarding
sidewalks to delete "placed 4 feet from back of
curb" and to add Note 22 to clarify building
setbacks, on property generally located at N.
98th Street and "O" Street.
6) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
7) Application of Aura Inc. dba Aura Restaurant &
Bar for a Class I liquor license at 2500 Tamarin
Ridge Road. (ADOPTED FOR APPROVAL, 5-1; CARROLL,
COOK, EMERY, SNYDER, SPATZ ASSENTING; HORNUNG DISSENTING;
A-85779)
8) Manager application of Michael A. Works for Aura
Inc. dba Aura Restaurant & Bar at 2500 Tamarin
Ridge Road. (ADOPTED FOR APPROVAL, 5-1; CARROLL,
COOK, EMERY, SNYDER, SPATZ ASSENTING; HORNUNG DISSENTING;
A-85780)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 9 & 10 HAD 2ND READING)
9) 10-28 Approving a Lease Agreement between the
City and Nebraska National Bank for golf
course maintenance equipment for use by the
City Parks and Recreation Golf Division for
a five year term. (Request 2nd & 3rd
Readings w/Action on 3/22/10)(REQUEST WITHDRAWN)
Fact Sheet (45K)
Attachment (366K)
10) 10-29 Approving a Lease Agreement between the
City, Nebraska Golf & Turf, Inc. and
Nebraska National Bank for 240 golf cars
and 10 utility vehicles for use by the City
Parks and Recreation Golf Division for a
five year term. (Request 2nd & 3rd
Readings w/Action on 3/22/10)(REQUEST WITHDRAWN)
Fact Sheet (45K)
Attachment (291K)
PUBLIC HEARING - RESOLUTIONS
11) 10R-78 Approving a Contract Agreement between the City,
Lancaster County, the Lincoln-Lancaster County
Public Building Commission and Konica Minolta
Business Solutions USA Inc. for a Cost per Copy
Program pursuant to Bid No. 09-277 for a four-
year term with the option for three additional
one-year terms. (ADOPTED, 6-0; A-85781)
Fact Sheet (49K)
Attachment (628K)
12) 10R-71 Approving a three-year maintenance renewal
contract between the City and Sendio for SPAM
Server software maintenance.(ADOPTED, 6-0;
A-85782)
Fact Sheet (51K)
Attachment (375K)
13) 10R-79 Approving a Contract Agreement between the City,
on behalf of the Lincoln-Lancaster County Health
Department, and CenterPointe, Inc. to provide
medical services to CenterPointe residents for a
term of March 1, 2010 through February 29, 2012.
(ADOPTED, 6-0; A-85783)
Fact Sheet (38K)
Attachment (59K)
14) 10R-80 Approving an Interlocal Agreement between the
City, on behalf of the Lincoln-Lancaster County
Health Department, and Lincoln Public Schools
for the provision of meals for the Health
Department's Summer Food Service Program for a
period of June 7, 2010 through August 13, 2010.
(ADOPTED, 6-0; A-85784)
Fact Sheet (38K)
Attachment (438K)
15) 10R-81 Approving a resolution in support of the Google
Fiber for Communities program to test ultra-high
speed broadband networks in Lincoln.
(ADOPTED, 6-0; A-85785)
Fact Sheet (19K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 16 THRU 23 HAD 1ST READING; SEE ITEM 16)
16) 10-31 Approving a contract between the City and
Lincoln Haymarket Development Corp. to
operate and regulate a Saturday public
market in the Haymarket area, 7th Street
from P to Q Streets and P Street from 7th
to 8th Streets from May 1, 2010 through
October 9, 2010 and on 8th Street from P to
Q Street from June 5, 2010 through August
28, 2010. (DELAYED PUBLIC HEARING TO 4/5/10, 6-0)
Fact Sheet (55K)
Attachment (338K)
17) 10-30 Amending Chapter 2.76 of the Lincoln
Municipal Code relating to the City's
Personnel System by amending Section
2.76.380, Sick Leave with Pay, relating to
employees in a pay range prefixed by M to
provide that 65% of an employee's
accumulated sick leave will be paid upon
retirement, death, or reduction in force;
amending Section 2.76.395, Vacation Leave
with Pay, to increase the maximum number of
vacation hours that an employee with a pay
range prefixed by E may accumulate over and
above their annual earning rate from 40 to
80 hours.
Fact Sheet (39K)
18) 10R-85 Approving a labor contract between the City of
Lincoln and the Lincoln "M" Class Employees
Association to be effective August 20, 2009.
(Related Items: 10R-85, 10R-84, 09-97, 09-98,
09-101, 09-103) (Action Date: 4/5/10)
Fact Sheet (37K)
Attachment (690K)
2009 M Class Contract - Legislative Version (56K)
19) 10R-84 Approving a labor contract between the City of
Lincoln and the Lincoln "M" Class Employees
Association to be effective August 19, 2010.
(Related Items: 10R-85, 10R-84, 09-97, 09-98,
09-101, 09-103) (Action Date: 4/5/10)
Fact Sheet (38K)
Attachment (690K)
20) 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) (3/15/10 - Removed from
Pending to have 1st Reading on 3/22/10)
(Related Items: 10R-85, 10R-84,
09-97, 09-98, 09-101, 09-103) (Action Date:
4/5/10)
Fact Sheet (134K)
Attachment (9K)
21) 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)
(3/15/10 - Removed from Pending to have
1st Reading on 3/22/10) (Related Items:
10R-85, 10R-84, 09-97, 09-98, 09-101, 09-103)
(Action Date: 4/5/10)
Fact Sheet (134K)
Attachment (9K)
22) 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) (3/15/10 - Removed from Pending
to have 1st Reading on 3/22/10)
(Related Items: 10R-85, 10R-84, 09-97, 09-98,
09-101, 09-103) (Action Date: 4/5/10)
Fact Sheet (135K)
Motion To Amend 1 (14K)
Motion To Amend 2 (15K)
23) 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) (3/15/10 -
Removed from Pending to have 1st Reading on
3/22/10) (Related Items: 10R-85, 10R-84,
09-97, 09-98, 09-101, 09-103) (Action Date:
4/5/10)
Fact Sheet (134K)
Attachment (138K)
Motion To Amend 1 (158K)
Motion To Amend 2 (378K)
Motion To Amend 3 (559K)
Motion To Amend 4 (116K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
24) 10-26 Change of Zone 09022A - Amending Section 1
of Ordinance No. 19312 which designated the
south half of Lot 29, J.G. Miller's
Subdivision, as a special sign district to
adjust the sign regulations for the
underlying H-2 District, to allow an
additional freestanding sign to be located
on the westernmost property in the special
sign district and to clarify that one
freestanding sign may be located on any
future pad site, on property generally
located northeast of the intersection of
South 48th and O Streets. (PASSED, 6-0; #19362)
Fact Sheet (237K)
25) 10R-73 Approving an Interlocal Agreement between the
City and Lancaster County for the 98th Street
roadway reconstruction from Yankee Hill Road to
Pine Lake Road and the establishment of
maintenance responsibilities. (Related Items:
10R-73, 10R-74, 10-27) (Action Date: 3/22/10)
(ADOPTED, 6-0; A-85786)
Fact Sheet (33K)
Attachment (743K)
26) 10R-74 Approving Amendment No. 1 to the Conditional
Annexation and Zoning Agreement for S. 84th and
Highway 2 between the City and Andermatt, LLC
and Eiger Corp., relating to the annexation of
approximately 4.18 acres of property generally
located at South 98th Street and Andermatt Drive.
(Related Items: 10R-73, 10R-74, 10-27)
(Action Date: 3/22/10) (AMENDED, 6-0; ADOPTED, 6-0;
A-85787)
Fact Sheet (42K)
Attachment (146K)
27) 10-27 Annexation No. 08026 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 4.18 acres of property
generally located at South 98th Street and
Andermatt Drive. (Related Items: 10R-73,
10R-74, 10-27) (Action Date: 3/22/10)
(PASSED, 6-0; #19363)
Fact Sheet (299K)
Attachment (363K)
28) 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
3/22/2010) (ACTION DELAYED ONE WEEK TO 3/29/10, 6-0)
Fact Sheet (18K)
Attachment (362K)
Motion To Amend 1 (6K)
Motion To Amend 2 (2093K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 10-4 Change of Zone 08075 - Application of
Waterford Estates, LLC, for a change of
zone from AG Agricultural District to B-2
Planned Neighborhood Business District on
property generally located at North 98th
Street and O Street. (Related Items 10-
4, 10R-26) (Request to place on Indefinite
Pending) (1/11/10 - Placed on Indefinite
Pending & to have P.H. when removed from
Pending)
Fact Sheet (647K)
35) 10R-26 Use Permit 08003 - Application of Waterford
Estates, LLC, to develop 250,000 sq. ft. of
commercial floor area on property generally
located at North 98th Street and O Street.
(Related Items 10-4, 10R-26) (Action Date:
2/1/10) (Request to place on Indefinite Pending)
(1/11/10 - Placed on Indefinite Pending & to
have P.H. when removed from Pending)
Fact Sheet (1367K)
36) 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) (Request to place on Indefinite
Pending) (1/11/10 - Placed on Indefinite Pending
& to have P.H. when removed from Pending)
37) 10-8 Change of Zone 09003 - Application of
Yankee Hill Townhomes, LLC, for a change of
zone from AG Agricultural, R-3 Residential
and R-4 Residential to R-4 Residential
District Planned Unit Development for 84
townhomes, 348 apartments and 30,000 square
feet of commercial land uses, with waivers
to adjust the minimum average lot, the
minimum lot area, the front, side and rear
setbacks, and the 3:1 width to depth ratio,
on property generally located at South 84th
Street and Yankee Hill Road. (Request to
place on Indefinite Pending & to have P.H.
when removed from Pending) (1/25/10 -
Placed on Indefinite Pending & to have P.H.
when removed from Pending)
Fact Sheet (693K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MARCH 29, 2010, AT 5:30 P.M.
(APPROVED, 6-0)
38) 10R-83 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of March 1 - 15,
2010.
Fact Sheet (14K)
Attachment (24K)
39) 10R-72 Approving a three-year maintenance renewal
contract between the City and Numara for Track-
It software maintenance.
Fact Sheet (51K)
Attachment (393K)
40) 10R-86 Approving a Professional Services Contract
between the City, on behalf of the Lincoln-
Lancaster County Health Department, and Lincoln
Action Program for medical services from
February 1, 2010 through January 31, 2013.
Fact Sheet (36K)
Attachment (327K)
41) 10R-82 Approving Supplement No. 2 to Cooperative
Agreement between the City and the State of
Nebraska Department of Roads for Project No. NH-
6-6(154) to perform a Location Study,
Environmental Document, and Location Public
Hearing on U.S. Highway 6 between Cornhusker
Highway and West O Street.
Fact Sheet (36K)
Attachment (40K)
42) 10R-87 Appointing Debby Brehm to the StarTran Advisory
board for a three-year term expiring October 20,
2012.
Attachment (26K)
43) 10R-88 Approving Omaha Exposition & Racing, Inc. dba
Lincoln Race Course as a keno satellite site at
1800 State Fair Park.
Fact Sheet (41K)
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 MARCH ARE THE
8TH AND THE 29TH.
ADJOURNMENT 3:41 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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