City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 5, 2010 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT EMERY
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-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.
(ADOPTED, 6-0; A-85795)
2) Affidavit of Mailing for Board of Equalization
for North 27th Street Maintenance Business
Improvement District. (PLACED ON FILE)
3) Affidavit of Mailing for Board of Equalization
for University Place Maintenance Business
Improvement District. (PLACED ON FILE)
4) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on March 22, 2010. (PLACED ON FILE)
5) Report from City Treasurer of City Cash on hand
at the close of business December 31, 2009.
(PLACED ON FILE)
6) Report from City Treasurer of City Cash on hand
at the close of business February 28, 2010.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
7) Setting the hearing date of Monday, April 19,
2010 at 3:00 p.m. for the Manager Application of
Solomon Spataro for The Peacock Indian Cuisine,
Inc. dba The Peacock Indian Cuisine located at
2801 Pine Lake Road, Suite W.
(ADOPTED, 6-0; A-85796)
8) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
9) Application of One Investment LLC dba Comfort
Suites for a Class "I" liquor license at 331 N.
Cotner Blvd. (ADOPTED FOR APPROVAL, 6-0; A-85797)
10) Manager application of John E. Klimpel for One
Investment LLC dba Comfort Suites at 331 N.
Cotner Blvd. (ADOPTED FOR APPROVAL, 6-0; A-85798)
11) Application of Kinja Inc. dba Kinja Sushi &
Japanese Cuisine for a Class "I" liquor license
at 4141 Pioneer Woods Drive, Suite F.
(ADOPTED FOR APPROVAL, 6-0; A-85799)
12) Manager application of Hyang Kim for Kinja Inc.
dba Kinja Sushi & Japanese Cuisine at 4141
Pioneer Woods Drive, Suite F.
(ADOPTED FOR APPROVAL, 6-0; A-85800)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 13
THRU 15 HAD 2ND READING)
13) 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)
14) 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 1 (172K)
Attachment 2 (94K)
Attachment 3 (80K)
15) 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)
Motion To Amend (9K)
PUBLIC HEARING - RESOLUTIONS
16) 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.
(ADOPTED, 6-0; A-85801)
Fact Sheet (42K)
Attachment 1 (1477K)
Attachment 2 (1484K)
17) 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.
(ADOPTED, 6-0; A-85802)
Fact Sheet (46K)
Attachment 1 (726K)
Attachment 2 (714K)
Attachment 3 (725K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 18 &
19 HAD 1ST READING)
18) 10-34 Amending the pay schedule for a certain
employee group assigned to the pay range
which is prefixed by the letter A by
changing the pay range of the
classification Crime Analysis Manager.
Fact Sheet (43K)
19) 10-35 Change of Zone 10004 - Application of Juan
and Dana Rodriguez for Proyecto Cultural
for a change of zone from I-1 Industrial
District to B-3 Commercial District, on
property generally located at North 22nd
Street and Y Street.
Fact Sheet (626K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
20) 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. (PASSED, 4-2; CARROLL, COOK, SNYDER,
SPATZ ASSENTING; CAMP, HORNUNG DISSENTING; #19366)
Fact Sheet (39K)
21) 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) (ADOPTED, 4-2;
CARROLL, COOK, SNYDER, SPATZ ASSENTING; CAMP, HORNUNG
DISSENTING; A-85803)
Fact Sheet (37K)
Attachment (690K)
2009 M Class Contract - Legislative Version (56K)
22) 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)
(ADOPTED, 4-2; CARROLL, COOK, SNYDER, SPATZ
ASSENTING; CAMP, HORNUNG DISSENTING; A-85804)
Fact Sheet (38K)
Attachment (690K)
23) 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)
(PASSED, 5-1; CARROLL, COOK, HORNUNG, SNYDER,
SPATZ ASSENTING; CAMP DISSENTING; #19367)
Fact Sheet (134K)
Attachment (9K)
24) 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)
(PASSED, 5-1; CARROLL, COOK, HORNUNG, SNYDER, SPATZ
ASSENTING; CAMP DISSENTING; #19368)
Fact Sheet (134K)
Attachment (9K)
25) 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) (MTA #2 TO ACCEPT SUBSTITUTE
ORDINANCE NO. 2 ADOPTED, 6-0; PASSED AS AMENDED, 4-2;
CARROLL, COOK, SNYDER, SPATZ ASSENTING; CAMP, HORNUNG
DISSENTING; #19369)
Fact Sheet (135K)
Motion To Amend 1 (14K)
Motion To Amend 2 (15K)
26) 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)
(MTA #4 ADOPTED, 4-2; CARROLL, COOK, SNYDER, SPATZ
ASSENTING; CAMP, HORNUNG DISSENTING; PASSED AS
AMENDED, 4-2; CARROLL, COOK, SNYDER, SPATZ ASSENTING;
CAMP, HORNUNG DISSENTING; #19370)
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)
27) 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 4/5/2010) (MTA #2 TO ACCEPT THE SUBSTITUTE
ORDINANCE ADOPTED, 4-2; CARROLL, COOK, SNYDER,
SPATZ ASSENTING; CAMP, HORNUNG DISSENTING; PASSED
AS AMENDED, 4-2; CARROLL, COOK, SNYDER, SPATZ ASSENTING;
CAMP, HORNUNG DISSENTING; #19371)
Fact Sheet (18K)
Attachment (362K)
Motion To Amend 1 (6K)
Motion To Amend 2 (2093K)
RECONSIDERATION
28) 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.
(RECONSIDERED FOR ACTION, 6-0; RE-ADOPTED, 6-0;
A-85792)
Fact Sheet (36K)
Attachment (327K)
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, APRIL 12, 2010, AT 3:00 P.M.
(APPROVED, 6-0)
38) 10R-100 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of March 16 -
31, 2010.
Fact Sheet (14K)
Attachment (24K)
39) 10R-92 Appointing Joy M. Ward to the Lincoln Housing
Authority Board to fill an unexpired term
expiring July 1, 2010.
Attachment (25K)
40) 10R-93 Appointing Janet Goodman-Banks to the Mayor's
Multicultural Advisory Committee to fill an
unexpired term expiring September 18, 2010.
Attachment (62K)
41) 10R-94 Reappointing Michael Justus to the Audit
Advisory Board for a three-year term expiring
March 1, 2013.
Attachment (30K)
42) 10R-95 Appointing Shirley Mora James to the Citizen
Police Advisory Board for a three-year term
expiring November 17, 2012.
Attachment (74K)
43) 10R-96 Approving a multi-year contract for Fuel Tank
Maintenance and Service between the City of
Lincoln, Lancaster County and Vanguard
Industries, Inc. for a four-year term.
Fact Sheet (52K)
Attachment (754K)
44) 10R-98 Approving a multi-year contract for Portable
Chemical Toilet Service between the City,
Lancaster County and Eagle Services for a four
year term.
Fact Sheet (60K)
Attachment (759K)
45) 10R-97 Ordering Paving District No. 2630 constructed
from the intersection of Betty Lou Blvd. and
Glynoaks Drive to the west side of 84th Street
at Augusta Drive, and assessing the cost thereof
against the benefitted property.
Fact Sheet (12K)
Attachment (4858K)
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 APRIL ARE THE 12TH AND THE 26TH.
ADJOURNMENT 4:17 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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