InterLinc Home Page
lincoln.ne.gov
City of Lincoln
City of Lincoln
City Council Office

Formal Agenda


        ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                  MONDAY, AUGUST 3, 2009 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


                        - CONSENT AGENDA -

REPORTS OF CITY OFFICERS

 1)            Clerk's Letter and Mayor's Approval of
               ordinances and resolutions passed by City
               Council  on July 20, 2009. (PLACED ON FILE)

 2)            Report from City Treasurer of Telecommunication
               Occupation Tax for the month of June 2009:
               Sprint Spectrum, Nextel West, BT Americas,
               Vonage America, Vonage America, Lightyear
               Network Solutions, Enhanced Comm. Networks, Zone
               Telecom., Tri-M, Granite, Qwest , Level 3, Level
               3, 8x8, 8x8, AT&T of Midwest, ACN, Comtel Telcom
               Assets, Budget Prepay,; April - June 2009: NECC,
               Comtech 21.  (PLACED ON FILE)

 3)            Report from City Treasurer of E911 Surcharge for
               the quarter April - June, 2009: ACN Comm.
               Services. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 4)            Setting the Hearing Date of Monday, August 17,
               2009 at 3:00 p.m. for the Application of Rickety
               Cricket, LLC dba N Street Wine & Liquor for a
               Class DK liquor license located at 1835 N
               Street. (ADOPTED, 6-0; A-85453)

 5)            Setting the Hearing Date of Monday, August 17,
               2009 at 3:00 p.m. for the Application of
               Kabredlo's Inc. dba Kabredlo's 107 for a Class D
               liquor license located at 3500 N 48th Street.
		   (ADOPTED, 6-0; A-85454)

 6)            Setting the Hearing Date of Monday, August 17,
               2009 at 3:00 p.m. for the Application of Debbie
               Ngo dba Fuji Japanese Restaurant for a Class I
               liquor license located at 1501 Pine Lake Rd.,
               Bay 5. (ADOPTED, 6-0; A-85455)


 7)  MISCELLANEOUS REFERRALS
          
                  - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 8)            Application of Shoemaker's Truck Station,
               Inc. dba Shoemaker's Truck Station for a
               Class D liquor license at 4801 West O
               Street. (ADOPTED FOR APPROVAL, 6-0; A-85456)

 9)            Manager application of David G. Shoemaker for
               Shoemaker's Truck Station, Inc. dba Shoemaker's
               Truck Station at 4801 West O Street. (ADOPTED
               FOR APPROVAL, 6-0; A-85457)

10)            Application of Gemstone Hospitality, Inc. dba
               Guesthouse Inn & Suites for a Class I liquor
               license at 5250 Cornhusker Highway.
               (ADOPTED FOR APPROVAL, 6-0; A-85458)

11)            Manager application of Joel W. Schossow for
               Gemstone Hospitality, Inc. dba Guesthouse Inn &
               Suites at 5250 Cornhusker Highway. (ADOPTED
               FOR APPROVAL, 6-0; A-85459)

12)            Application of ACR Corporation dba Jakes Cigars
               and Spirits for a Class C liquor license at 101
               N. 14th Street. (ADOPTED FOR APPROVAL, 6-0;
               A-85460)

13)            Manager application of Alex C. Roskelley for ACR
               Corporation dba Jakes Cigars and Spirits at 101
               N. 14th Street. (ADOPTED FOR APPROVAL, 6-0; A-85461)

14)            Application of Kwik Shop Inc. dba Kwik Shop #680
               for a Class D liquor license at 1441 N. Cotner
               Blvd. (ADOPTED FOR APPROVAL, 6-0; A-85462)

15)            Manager application of Cristina Mae Bonnet for
               Kwik Shop Inc. dba Kwik Shop #680 at 1441 N.
               Cotner Blvd. (ADOPTED FOR APPROVAL, 6-0; A-85463)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 16 THRU 25 HAD 2ND READING; SEE ITEMS 18, 19, 21, 22, & 24)

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.
               Attachment (103K)
               Attachment (67K)

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.
               (PLACED ON PENDING TO BE REMOVED
               & HAVE 1ST READING AT THE SAME TIME M
               CLASS IS ON 1ST READING, 6-0)
               Fact Sheet (134K)
               Attachment (9K)

19)  09-98     Amending the pay schedule for a certain
               employee group by revising the
               classification of Attorney II.
               (PLACED ON PENDING TO BE REMOVED
               & HAVE 1ST READING AT THE SAME TIME 
               M CLASS IS ON 1ST READING, 6-0) 
               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.
               (PLACED ON PENDING TO BE REMOVED & HAVE 1ST 
               READING AT THE SAME TIME M CLASS IS ON 1ST READING, 6-0)
               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.(PLACED ON PENDING TO
               BE REMOVED & HAVE 1ST READING AT THE SAME
               TIME M CLASS IS ON 1ST READING, 6-0)
               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.(PLACED
               ON PENDING TO BE REMOVED & HAVE 1ST READING AT 
               THE SAME TIME M CLASS IS ON 1ST READING, 6-0)
               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)


 PUBLIC HEARING - RESOLUTIONS

26)  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. (ADOPTED, 6-0; A-85464)
               Fact Sheet (14K)
               Attachment (19K)

27)  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.(AMENDED, 6-0;
               ADOPTED AS AMENDED, 6-0; A-85465)
               Fact Sheet (594K)

28)  09R-135   Approving a schedule of fees the City may charge
               for ambulance service.(ADOPTED, 6-0; A-85466)
               Fact Sheet (68K)
               Attachment (110K)

29)  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. (ADOPTED, 6-0; A-85467)
               Fact Sheet (40K)
               Attachment (423K)

30)  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) (ADOPTED, 6-0;
               A-85468)
               Fact Sheet (43K)
               Attachment (108K)


                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 31 & 32 HAD 1ST READING)

31)  09-108    Approving the transfer of unspent and
               unencumbered appropriations and cash (if any)
               between certain capital improvement projects
               within the Street Construction Fund, Water
               Construction Fund, Sanitary Sewer Construction
               Fund, and Capital Projects Fund within the
               Public Works & Utilities Department.
               Fact Sheet (12K)

32)  09-109    Amending Ordinance No. 19169 authorizing the
               issuance of not to exceed $932,000.00 City of
               Lincoln, Nebraska Block 85 Redevelopment Project
               Tax Allocation Bonds to increase the maximum
               interest rate permitted under the ordinance from
               9% to 10% per annum.


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

33)  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. (AMENDED, 6-0; PASSED
               AS AMENDED, 6-0; #19285)
               Fact Sheet (42K)
               Motion To Amend 1 (7K)


PENDING LIST - DATE CERTAIN

34)  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. (7/27/09 - Con't. P.H.
               concurrent w/City Budget on 8/10/09 at 2:30 p.m.
               w/Action on 8/24/09)
               Fact Sheet (18K)

35)  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.
               (7/27/09 - Con't. P.H. concurrent w/City
               Budget on 8/10/09 at 2:30 p.m. w/Action on
               8/24/09)
               Fact Sheet (18K)


PENDING LIST	(EXTENDED ONE WEEK)

36)  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)

37)  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)

38)  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)

39)  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)

40)  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)

41)  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 10, 2009, AT 1:30 P.M.
                       (SEE ITEMS 43 & 44) 

       (PUBLIC HEARING ON 09R-137 WILL BE AT 2:30P.M.)
42)  09R-137   Adopting the 2009/10 City of Lincoln Annual
               Operating Budget and Capital Improvement Program
               for FY 2009/10 -- 2014/15. (Action Date:
               8/24/09)
               Attachment (895K)

43)  09R-138   Approving a new schedule for wastewater use
               charges commencing November 2009.(AMENDED TO HAVE
               P.H. ON 8/10/09 W/BUDGET HEARING W/ACTION ON 8/24/09, 6-0)
               Fact Sheet (13K)

44)  09R-139   Approving a new schedule for water use charges
               commencing November 2009.(AMENDED TO HAVE P.H.
               ON 8/10/09 W/BUDGET HEARING W/ACTION ON 8/24/09, 6-0)
               Fact Sheet (13K)

     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 AUGUST ARE THE
     17TH AND THE 31ST .



ADJOURNMENT	3:44 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 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.
                              ****
  The City Council Agenda and Action Sheet may be accessed on
                        the Internet at:
                         lincoln.ne.gov
                              ***
                              

City Council
Meetings