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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                      MONDAY, JULY 27, 2009 AT 5:30 P.M.

                            ALL MEMBERS PRESENT

             THE MEETING OF AUGUST 3RD WILL BEGIN AT 3:00 P.M.

Anyone wishing to address an item on the Consent Agenda may do so at this time


                          - CONSENT AGENDA -

REPORTS OF CITY OFFICERS

 1)  09R-129   Appointing Jayne Snyder to the Lincoln-Lancaster
               County Board of Health for a three-year term
               expiring April 15, 2012.  (ADOPTED, 7-0; A-85445)

 2)            Clerk's Letter and Mayor's Approval of Resolutions 
               and Ordinances passed by the City Council on 
               July 13, 2009.  (PLACED ON FILE)

 3)            Clerk's Letter and Mayor's Approval of Resolutions 
               adopted by the City Council and the County 
               Commissioners at the Joint Meeting on Comprehensive 
               Plan Amendments on July 14, 2009. 
               (PLACED ON FILE)

 4)            Report from City Treasurer of Telecommunications
               Occupation Tax for March 2009:  Total Holdings;
               April 2009:  Total Holdings; May 2009:  Total
               Holdings; 2nd Quarter 2009: AmeriVision Communications, 
               Cause Based Commerce, Digizip.com, Opex Communications; 
               June 2009:  Business Telecom, First Communications,
               Globalcom, SBC Long Distance, Total Holdings,
               360networks, Wholesale Carrier Services. 
               (PLACED ON FILE)

 5)            Report from City Treasurer of E911 surcharge for
               the Month of June 2009:  iNetworks Group, Inc. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 6)            Setting the hearing date of Monday, August 17, 2009, 
               at 3:00 p.m. for the application of Cherries Inc. 
               dba The Fat Toad for a Class C liquor license 
               located at 1409 O Street.  (ADOPTED, 7-0; A-85446)


 7)  MISCELLANEOUS REFERRALS - NONE


                        - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEM 8 
HAD 2ND READING)

 8)  09-95     Amending Chapter 22.05 of the Lincoln
               Municipal Code relating to the Lincoln
               Construction Sign Code by amending Section
               22.05.010 to revise the title of the code;
               by amending Section 22.05.020 to delete
               definitions and to provide that terms shall
               have the same meaning as defined in Chapter
               27.69 of the Lincoln Municipal Code; by
               amending Section 22.05.030 to provide
               specific reference for exceptions; by
               amending Section 22.05.050 to modify the
               listing of signs for which a permit is not
               required; by amending Section 22.05.060 to
               include new sign permit fees, to increase
               other fees, and to provide that no refund
               shall be issued on a permit where the
               required refund amount is less than $50.00;
               by amending Section 22.05.080 to clarify
               that sign clearance from overhead
               electrical conductors shall be that
               required by the current edition of the
               Lincoln Electrical Code or as recommended
               by the serving utility company and by
               deleting Table 22.05.080; by amending
               Section 22.05.090 to clarify that a
               reference is to the current edition of the
               Lincoln Electrical Code; by amending
               Section 22.05.100 to provide construction
               standards for freestanding signs and to
               delete reference to pole signs; by
               repealing Section 22.05.110 and 22.05.120
               relating to ground signs and roof signs,
               respectively; by amending Section 22.05.160
               to provide that electric signs and electric
               equipment used in connection with
               illuminated signs shall be installed in
               accordance with the current edition of the
               Lincoln Electrical Code; by amending
               Section 22.05.170 to clarify that signs on
               vehicles which are used for the primary
               purpose of being a sign are not permitted;
               by amending Section 22.05.190 to prohibit
               temporary ground signs except as provided
               in Section 22.05.170; and repealing
               Sections 22.05.010, 22.05.020, 22.05.030,
               22.05.050, 22.05.060, 22.05.080, 22.05.090,
               22.05.100, 22.05.150, 22.05.170, and
               22.05.190 of the Lincoln Municipal Code as
               hitherto existing.
               Fact Sheet (42K)
               Motion To Amend 1 (7K)


PUBLIC HEARING - RESOLUTIONS

 9)  09R-130   Approving an Agreement between the City of
               Lincoln and the Nebraska Department of Health
               and Human Services for the Minority Health
               Initiative Project for July 1, 2009 through 
               June 30, 2011. (ADOPTED, 7-0; A-85447)
               Fact Sheet (39K)
               Attachment (392K)

10)  09R-131   Approving an Agreement between the City of
               Lincoln and the Nebraska Department of Health
               and Human Services for the Tobacco School/
               Community/ Outreach Project for July 1, 2009 
               through June 30, 2011. (ADOPTED, 7-0; A-85448)
               Fact Sheet (40K)
               Attachment (473K)

11)  09R-132   Approving the Memorandum of Agreement Regarding
               Funding, Construction, and Endowment of a
               Fountain at Union Plaza, and Endowment of a
               Public Gardens Internship Program between the
               City, Lincoln Parks Foundation and Trustee for
               the Ken Good Estate to fund development and
               endowment of a fountain in Union Plaza located
               between O and P Streets. (ADOPTED, 7-0; A-85449)
               Fact Sheet (60K)
               Attachment (126K)

12)  09R-120   Approving the labor contract between the City
               and the Public Association of Government
               Employees (PAGE) effective August 20, 2009.
               (7/20/09 - PH & Action con't. to 7/27/09)
               (ADOPTED, 5-2; CARROLL, COOK, EMERY, SNYDER, 
               SPATZ ASSENTING; CAMP, HORNUNG DISSENTING; 
               A-85450)
               Fact Sheet (36K)
               Attachment (402K)

13)  09R-121   Approving the labor contract between the City
               and the Amalgamated Transit Union effective
               August 20, 2009. (7/20/09 - PH & Action
               con't. to 7/27/09) (ADOPTED, 5-2; CARROLL, COOK, 
               EMERY, SNYDER, SPATZ ASSENTING; CAMP, HORNUNG 
               DISSENTING; A-85451)
               Fact Sheet (39K)
               Attachment (150K)

14)  09R-122   Approving the labor contract between the City
               and the Lincoln M Class Employees Association
               (M) effective August 20, 2009. (7/20/09 - PH
               & Action con't. to 7/27/09) (MTA #1 ADOPTED, 7-0; 
               LOST, 2-5; CARROLL, SNYDER ASSENTING; CAMP, COOK, 
               EMERY, HORNUNG, SPATZ DISSENTING; #38-4594)
               Fact Sheet (37K)
               Attachment (165K)

15)  09R-123   Approving the labor contract between the City
               and the Lincoln City Employees Association
               (LCEA) effective August 20, 2009. (7/20/09 -
               PH & Action con't. to 7/27/09) (ADOPTED, 5-2; 
               CARROLL, COOK, EMERY, SNYDER, SPATZ ASSENTING; 
               CAMP, HORNUNG DISSENTING; A-85452)
               Fact Sheet (38K)
               Attachment (822K)


                        - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 16 
THRU 27 HAD 1ST READING, SEE ITEMS 26 & 27)

16)  09-105    Authorizing the execution and delivery of Loan
               Contracts between the Nebraska Department of
               Environmental Quality and the City (Project No.
               C317078 and Project No. 317247) in connection
               with improvements to the City's wastewater
               collection and treatment system.

17)  09-96     Misc. 09004 - Vacating the final plat of
               Hunt's Addition and all right-of-way within
               and abutting said plat, generally located
               northwest of North 9th Street and Claremont
               Street.
               Fact Sheet (564K)

18)  09-97     Amending the pay schedule for a certain
               employee group by creating the
               classification of Senior Attorney.
               Fact Sheet (134K)
               Attachment (9K)

19)  09-98     Amending the pay schedule for a certain
               employee group by revising the
               classification of Attorney II.
               Fact Sheet (134K)
               Attachment (9K)

20)  09-99     Amending the pay schedule for a certain
               employee group by creating the
               classification of Firefighter Paramedic.
               Fact Sheet (134K)
               Attachment (11K)

21)  09-100    Amending Chapter 2.76 of the Lincoln Municipal
               Code relating to the City's Personnel System by
               amending the Title Page to delete Section
               2.76.160 Compensation Plan, Variable Merit Pay
               Plan; amending Section 2.76.040 Definitions, to
               define Excluded Employee; amending Section
               2.76.130 Position and Pay Range Allocation,
               relating to Excluded Employees; amending Section
               2.76.135 Merit Pay Plan Established, to include
               Excluded Employees and increase the maximum
               number of  merit pay steps; amending Section
               2.76.145 Merit Pay Plan, Administration and
               Requirements for Advancement, to include the
               newly defined Excluded Employees; amending
               Section 2.76.150 Merit Pay Plan, Pay Increases
               for Exceptional Service, to include the newly
               defined Excluded Employees; amending 2.76.155
               Longevity Pay to adjust the annual longevity pay
               plan relating to certain "N" and Excluded
               Employees; deleting all of Section 2.76.160
               Variable Merit Pay Plan; amending Section
               2.76.175 Promotion, Transfer, Demotion or
               Temporary Promotion relating to the newly
               defined Excluded Employees; amending Section
               2.76.200 Temporary Assignment to a Higher
               Classification relating to the newly defined
               Excluded Employees; amending Section 2.76.380
               Sick Leave with Pay, as it relates to employees
               with a pay range prefixed by M, A, C, E, N, or
               X; and amending Section 2.76.395 Vacation Leave
               with Pay as it relates to employees with a pay
               range prefixed by M; and repealing 2.76 Title
               Page and Sections 2.76.040, 2.76.130, 2.76.135,
               2.76.145, 2.76.150, 2.76.155, 2.76.160,
               2.76.175, 2.76.200, 2.76.380, and 2.76.395 of
               the Lincoln Municipal Code as hitherto existing.
               Fact Sheet (136K)

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.
               Fact Sheet (135K)

23)  09-102    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
               "E" to be effective August 20, 2009.
               Fact Sheet (134K)
               Attachment (128K)

24)  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.
               Fact Sheet (134K)
               Attachment (138K)

25)  09-104    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
               "X" to be effective August 20, 2009.
               Fact Sheet (134K)
               Attachment (355K)

26)  09-106    Amending Sections 3.24.080 and 3.24.090 of the
               Lincoln Municipal Code to increase the
               telecommunications occupation tax rate from 5.5%
               to 6% of gross receipts commencing January 1,
               2010; and repealing Sections 3.24.080 and
               3.24.090 of the Lincoln Municipal Code as
               hitherto existing. (CON'T P.H. CONCURRENT WITH 
               CITY BUDGET ON 8/10/09 AT 2:30 P.M. W/ACTION 
               ON 8/24/09, 7-0)
               Fact Sheet (18K)

27)  09-107    Approving a change of the franchise fee
               associated with the franchise to provide gas
               service from an annual rate of $0.39 to $0.43
               per foot of gas main effective October 1, 2009.
               (CON'T P.H. CONCURRENT WITH CITY BUDGET ON 8/10/09 
               AT 2:30 P.M. W/ACTION ON 8/24/09, 7-0)
               Fact Sheet (18K)


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)

28)  09-90     Amending Chapters 2.62, 2.65, and 2.66 of the 
               Lincoln Municipal Code regarding Tax-Qualified 
               Plan language to obtain a new favorable letter 
               of determination from the Internal Revenue
               Service. (PASSED, 7-0; #19281)
               Fact Sheet (50K)
               Attachment (41K)

29)  09-91     Amending Section 1 of Ordinance No. 19240,
               passed by the City Council on April 27,
               2009, to include Blocks 23, 24 and 25,
               Cushman Addition, in the annexation of land
               generally located at N.W. 48th Street and
               West O Street. (PASSED, 7-0; #19282)
               Fact Sheet (55K)

30)  09-92     Change of Zone 09009 - Amending Chapter
               27.69 of the Lincoln Municipal Code
               relating to signs by amending Section
               27.69.020 to revise and add definitions; by
               adding a new Section 27.69.021 to add a
               Figure 1, General Sign Types; by adding a
               new Section 27.69.022 to provide methods to
               calculate the sign area of various signs;
               by amending Section 27.69.030 to provide
               general requirements for signs including
               location, height, sign area, illumination,
               and additional provisions for certain
               specific types of signs; by amending
               Section 27.69.040 to adopt Sign Tables
               setting forth the sign requirements for
               various types of signs; by repealing
               Sections 27.69.041, 27.69.042, 27.69.043,
               27.69.044, 27.69.045, 27.69.046, 27.69.047,
               27.69.048, 27.69.049, 27.69.050, 27.69.060,
               27.69.070, 27.69.075, 27.69.080, 27.69.081,
               27.69.083, 27.69.130, 27.69.170, and
               27.69.210; by amending Sections 27.69.090,
               27.69.220, 27.69.240, 27.69.260, and
               27.69.330 to change a reference from ground
               sign to freestanding sign; by amending
               Section 27.69.100 to provide regulations
               for non-illuminated temporary real estate,
               construction and noncommercial signs; by
               amending Sections 27.69.110, 27.69.140,
               27.69.150, 27.69.180, 27.69.230, 27.69.240,
               and 27.69.260 to clarify that a reference
               to area is referring to "sign area" of a
               sign; by amending Section 27.69.160 to
               delete a requirement that the location,
               size and illumination of a sign for a
               special permitted use in a residential
               district must be specifically approved as
               part of the special permit approval; by
               amending Section 27.69.250 to modify
               provisions regarding the display of flags;
               by amending Section 27.69.310 to modify
               provisions regarding roof signs as an
               alternative to a freestanding sign and to
               change a reference from pole sign to
               freestanding sign; by amending Section
               27.69.340 to revise provisions for signs in
               Planned Unit Developments; and repealing
               Sections 27.69.020, 27.69.030, 27.69.040,
               27.69.090, 27.69.100, 27.69.110, 27.69.140,
               27.69.150, 27.69.160, 27.69.180, 27.69.220,
               27.69.230, 27.69.240, 27.69.250, 27.69.260,
               27.69.310, 27.69.330, and 27.69.340  of the
               Lincoln Municipal Code as hitherto
               existing. (PASSED, 7-0; #19283)
               Fact Sheet (509K)

31)  09-93     Authorizing the issuance of not to exceed
               $16,000,000 Water Revenue Bonds of the
               City. (MTA #1 ADOPTED, 7-0; PASSED AS 
               AMENDED, 7-0; #19284)
               Motion To Amend 1 (69K)


PENDING LIST - DATE CERTAIN

32)  09R-103   Approving an Interlocal Agreement between
               Lincoln Public Schools and the City of Lincoln
               to construct Stormwater Best Management
               Practices at Arnold Elementary School generally
               located southwest of W. Cuming and N.W. 48th
               Streets. (6/29/09 - Placed on Pending, No
               Date Certain) (Request to remove from
               Pending for P.H. & Action on 8/3/09) (7/20/09 -
               To have P.H. & Action on 8/3/09)
               Fact Sheet (43K)
               Attachment (108K)


PENDING LIST   (EXTENDED ONE WEEK)

33)  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)

34)  07-733     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)

35)  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)

36)  08-157    Amending Section 5.38.050 of the Lincoln
               Municipal Code to increase permit fees for
               motels, hotels, rooming, lodging, and apartment
               houses; and repealing Section 5.38.050 of the
               Lincoln Municipal Code as hitherto existing.
               (11/3/08 - 1st Reading suspended, to have 
               Introduction 12/1/08 with P.H. 12/8/08)
               (12/1/08 - Placed on Pending Indefinitely)
               Fact Sheet (131K)

37)  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)

38)  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)


  WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE 
   PUBLIC HEARING ON  MONDAY, AUGUST 3, 2009, AT 3:00 P.M.
                                                 (APPROVED, 7-0)

39)  09R-133   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of July 1 - 15,
               2009.
               Fact Sheet (14K)
               Attachment (19K)

40)  09R-134   Waiver No. 09006 - Application of the Kansas-
               Nebraska Association of Seventh Day Adventists
               for The New Creation Church to waive the parking
               lot surfacing requirement pursuant to Section
               27.67.100(c) of the Lincoln Municipal Code on
               property generally located at the northeast
               corner of the intersection of South Coddington
               Avenue and West Old Cheney Road.
               Fact Sheet (594K)

41)  09R-135   Approving a schedule of fees the City may charge
               for ambulance service.
               Fact Sheet (68K)
               Attachment (110K)

42)  09R-136   Approving a two-year contract between the City
               of Lincoln, Lancaster County, Lincoln-Lancaster
               Public Building Commission and Mail Sort
               Professionals through inter-governmental
               cooperative purchasing through a contract with
               the State of Nebraska for the processing of mail
               flats.
               Fact Sheet (40K)
               Attachment (423K)


     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 JULY ARE THE 13TH AND THE 27TH.


ADJOURNMENT    7:18 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. 
     The August 10th Council meeting will begin at 1:30 p.m. 
     due to the 2009/2010 City Budget and CIP public hearing 
     to begin at 2:30 p.m.
     The Open Microphone sessions for August are: August 17th and 31st.
     



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