City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 29, 2010 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) 10R-87 Appointing Debby Brehm to the StarTran Advisory
board for a three-year term expiring October 20,
2012. (ADOPTED, 7-0; A-85788)
Attachment (26K)
2) Setting the hearing date of Monday, April 26,
2010 at 5:30 p.m. for Board of Equalization on
the North 27th Street Maintenance Improvement
District and University Place Maintenance Business
Improvement District. (APPROVED, 7-0)
3) City Clerk Letter and Mayor's approval of
Ordinances & Resolutions passed by Council on
March 15, 2010. (PLACED ON FILE)
4) Annual report for the year 2009 prepared by Law
Department dated March 15, 2010. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
5) FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone 10007 - Application of M.
Kent and Marsha Prior from AG to AGR on property
generally located at N. 98th Street and
Holdrege Street.
6) Formal Petition for Paving District No. 2630 in
Glynoaks Dr., submitted by Robert E. Caldwell,
Hampton Enterprises, Inc. (REFERRED TO LAW DEPT.)
7) Setting the Hearing Date of April 5, 2010 at
3:00 p.m. for Application of One Investment, LLC
dba Comfort Suites for a Class C liquor license
described as one room on the first floor
approximately 29' x 13' located at 331 N. Cotner
Blvd. (ADOPTED, 7-0; A-85789)
8) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
ONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 9 THRU 15 HAD 2ND READING)
9) 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)
10) 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)
11) 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)
12) 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)
13) 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)
14) 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)
15) 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)
PUBLIC HEARING - RESOLUTIONS
16) 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. (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0;
A-85790)
Fact Sheet (14K)
Attachment (24K)
17) 10R-72 Approving a three-year maintenance renewal
contract between the City and Numara for Track-
It software maintenance. (ADOPTED, 7-0; A-85791)
Fact Sheet (51K)
Attachment (393K)
18) 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.
(ADOPTED, 7-0; A-85792)
Fact Sheet (36K)
Attachment (327K)
19) 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.(ADOPTED, 7-0;
A-85793)
Fact Sheet (36K)
Attachment (40K)
20) 10R-88 Approving Omaha Exposition & Racing, Inc. dba
Lincoln Race Course as a keno satellite site at
1800 State Fair Park. (ADOPTED, 7-0; A-85794)
Fact Sheet (41K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 21 & 22 HAD 1ST READING)
21) 10-32 Authorizing the execution and delivery of a
Lease Agreement; a Deed of Trust, Security
Agreement and Assignment of Rents and
Leases; and, a Tax Compliance Agreement in
connection with the issuance of not to
exceed $3,362,000 principal amount of the
City's Industrial Development Promissory
Revenue Note (Nebraska School Activities
Association) Series 2010.
Attachment (6K)
22) 10-33 Amending Section 9.44.010 of the Lincoln
Municipal Code relating to fireworks
regulation to define "permissible
fireworks" in the City of Lincoln to
correspond with permissible or consumer
fireworks as defined in Nebraska statutes.
Fact Sheet (23K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
23) 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. (PASSED, 7-0; #19364)
Fact Sheet (45K)
Attachment (366K)
24) 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. (PASSED, 7-0; #19365)
Fact Sheet (45K)
Attachment (291K)
25) 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
3/29/2010)(ACTION DELAYED ONE WEEK TO 4/5/10, 7-0)
Fact Sheet (18K)
Attachment (362K)
Motion To Amend 1 (6K)
Motion To Amend 2 (2093K)
PENDING LIST - DATE CERTAIN
26) 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. (3/22/10 - P.H. Delayed to
4/5/10)
Fact Sheet (55K)
Attachment (338K)
PENDING LIST (EXTENDED ONE WEEK)
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) 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)
33) 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)
34) 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)
35) 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, APRIL 5, 2010, AT 3:00 P.M.
(APPROVED, 7-0)
36) 10R-89 Reappointing Ruthelen Sittler, Carl Tesch,
Deanna Aguilar and Barry Moore to the Aging
Partners Areawide Advisory Council for three-
year terms expiring July 1, 2012.
37) 10R-90 Approving two Unit Price Contracts between the
City, Lancaster County, Public Building
Commission and Lanoha Nurseries and ImageScapes,
Inc. for Miscellaneous Landscaping Installation
and Maintenance Service for two-year terms with
options to renew each contract for one
additional two-year term.
Fact Sheet (42K)
Attachment 1 (1477K)
Attachment 2 (1484K)
38) 10R-91 Approving three Unit Price Contracts between the
City and Dell Corporation, Florida Micro, and
SDF Professional Computer Services, Inc. for
Annual Requirements for Annual Supply of Network
Stock for four-year terms.
Fact Sheet (46K)
Attachment 1 (726K)
Attachment 2 (714K)
Attachment 3 (725K)
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 6:31 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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