City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE CITY COUNCIL MEETING HELD
MONDAY, AUGUST 10, 2009 AT 1:30 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
PUBLIC HEARING ON THE 1 & 6 YEAR STREET & HIGHWAY PROGRAM, THE
2009/10 MAYOR'S RECOMMENDED ANNUAL OPERATING BUDGET & CAPITAL
IMPROVEMENT PROGRAM FY 2009/10 - 2014/15 WILL BEGIN AT 2:30 P.M.
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF JULY 2009
WAS PRESENTED TO FIRE APPARATUS OPERATOR, BRYAN KRATOCHVIL,
OF LINCOLN FIRE & RESCUE IN THE CATEGORIES OF
SAFETY, PRODUCTIVITY AND CUSTOMER RELATIONS.
Anyone wishing to address an item on the Consent Agenda may do so at this time
- CONSENT AGENDA -
REPORTS OF CITY OFFICERS
1) Report from City Treasurer of franchise tax for
the month of June, 2009 from Black
Hills/Nebraska Gas Utility Co., LLC.
(PLACED ON FILE)
2) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on July 27, 2009. (PLACED ON FILE)
3) Report from City Treasurer of Telecommunications
Occupation Tax for 1st Quarter 2009:
iNetworks Group, Telenational Communications;
April-May 2009: Startec Global; 2nd
Quarter 2009: Association Administrators,
Network US, Orbitcom, T-Mobile Central; April
2009: Globalstar USA, NOSVA; May 2009: ACN
Communications Services, Advanced Tel Inc,
Arizona Telephony, AT&T Communications of
Midwest, Broadwing, Comm., Cellco Partnership,
CIMCO Comm., Cincinnati Bell Any Distance,
Cinthex, CTI Long Distance, Global Crossing,
Globalstar USA, Granite, IBM Global, Intellicall
Operator Services, KDDI America, McLeodUSA, New
Cingular Wireless, New Edge Networks, Network
Billing Systems, Norstan Network Services, NOS
Comm., NOSVA, Omaha Cellular, OnStar, Primus,
Quantum Shift, Qwest Comm., Sioux City MSA,
Telecorp Comm., TCG Omaha, TON Services,
TracFone Wireless, Trans National, TWC Digital
Phone, UCN, USCOC of Greater Iowa, USCOC of
Nebraska/Kansas, Verizon Long Distance, Verizon
Select, Verizon Wireless, Virgin Mobile USA,
VoiceCom, Windstream Nebraska, Windstream
Systems of the Midwest, Working Assets Funding
Service, XO Communication Services; June 2009:
Alltel Communications of Nebraska, ATS Mobile
Telephone, Covista, Cricket Communications, D&D
Comm., Enhanced Comm. Group, MCI Communications
Services, NOS Comm., Nextel, Sprint
Communication Co., Unite Private Networks, WWC
License, Windstream Nebraska, Windstream Systems
of the Midwest, Yestel USA, 800 Response
Information Services. (PLACED ON FILE)
4) Report from City Treasurer of E911 surcharge for
the 2nd Quarter 2009: Windstream Communications;
May 2009: Charter Fiberlink - Nebraska LLC;
June 2009: AT&T Communications of Midwest,
TWC Digital Phone LLC. (PLACED ON FILE)
5) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
June 30, 2009. (ADOPTED, 6-0; A-85469)
PETITIONS & COMMUNICATIONS
6) THE FOLLOWING HAVE BEEN REFERRED TO THE
PLANNING DEPARTMENT:
Change of Zone No. 09020HP: App. of Bill
and Myrna Wood to designate as a historic
landmark, the Rickett's House, on property
located at 400 S. 33rd Street.
Special Permit No. 09021: App. of
Integrity Builders, Inc. for expansion of a
nonconforming use for a garage addition in the
front yard setback on property located at 1111
East Hillcrest Drive.
7) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
8) Application of TCN, Inc. dba Chinasia Cafe for a
Class A liquor license at 2704 Y Street.
(ADOPTED FOR DENIAL, 6-0; A-85470)
9) Manager application of Kevin M. Belton for TCN,
Inc. dba Chinasia Cafe at 2704 Y Street.
(ADOPTED FOR DENIAL, 6-0; A-85471)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 10
& 11 HAD 2ND READING)
10) 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)
Motion To Amend 1 (6K)
11) 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.
PUBLIC HEARING - RESOLUTIONS
NONE
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 12
THRU 14 HAD 1ST READING)
12) 09-110 Approving an Amendment to Sublease Agreement
between the City and the State of Nebraska
Department DAS/State Building Division to change
the amount of sublease space from 6,568 sq. ft.
to 6,076 sq. ft. of office space in the One Stop
Career Center at 1010 N Street for providing job
training and employment services under the
Workforce Investment Act for a term of
January 1, 2007 through December 31, 2011.
Fact Sheet (45K)
Attachment (81K)
13) 09-111 Approving a Sublease Agreement between the City
and Experience Works at the One Stop Center at
1010 N Street for providing job training and
employment services under the Workforce
Investment Act for a one-year term from April 1,
2009 through March 31, 2010.
Fact Sheet (43K)
Attachment (194K)
14) 09-112 Approving an Amendment to the Sublease Agreement
between the City and Goodwill Industries to
change the amount of sublease space from 159 sq.
ft. to 147 sq. ft. in the One Stop Center at
1010 N Street for providing job training and
employment services under the Workforce
Investment Act for a term of January 1, 2009
through December 31, 2010.
Fact Sheet (44K)
Attachment (75K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
15) 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.
(PASSED, 6-0; #19286)
Attachment 1 (103K)
Attachment 2 (67K)
16) 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. (PASSED, 6-0; #19287)
Fact Sheet (564K)
17) 09-99 Amending the pay schedule for a certain
employee group by creating the
classification of Firefighter Paramedic.
(PASSED, 6-0; #19288)
Fact Sheet (134K)
Attachment (11K)
18) 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.
(MTA #1 ADOPTED, 6-0; PASSED AS AMENDED, 6-0;
#19289)
Fact Sheet (134K)
Attachment (128K)
Motion To Amend 1 (143K)
19) 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.
(PASSED, 6-0; #19290)
Fact Sheet (134K)
Attachment (355K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (SEE BILL NO. 08-157, ITEM 23)
20) 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)
21) 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)
22) 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)
23) 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)
(Request to Withdraw) (WITHDRAWN, 6-0; #38-4595)
Fact Sheet (131K)
24) 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)
25) 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)
26) 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)
Fact Sheet (134K)
Attachment (9K)
27) 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)
Fact Sheet (134K)
Attachment (9K)
28) 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.
(8/3/09 - Placed on Pending; to be removed
for 1st Reading at same time as M Class
has 1st Reading)
Fact Sheet (136K)
29) 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)
Fact Sheet (135K)
30) 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)
Fact Sheet (134K)
Attachment (138K)
Motion To Amend 1 (158K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, AUGUST 17, 2009, AT 3:00 P.M.
(APPROVED, 5-0; CAMP, SPATZ ABSENT)
31) 09R-140 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of July 16 - 31,
2009.
Fact Sheet (14K)
Attachment (21K)
32) 09R-141 Special Permit 09016 - Application of the Mental
Health Association of Nebraska for a health Care
facility, including requested waiver of required
front and side yard landscaping and to reduce
the required side yard setbacks from 10 feet to
5 feet, on property generally located south of
Van Dorn Street on South 14th Street.
Fact Sheet (995K)
33) 09R-142 Approving a Memorandum of Support with the
counties and communities, and the Nebraska
Innovation Zone Commission/I-80 Corridor
Association to undertake cooperative efforts to
encourage, improve and ensure orderly
development of the I-80 corridor between Omaha
and Lincoln.
Fact Sheet (44K)
Attachment (78K)
34) 09R-143 Accepting and approving an Interlocal Agreement
between the County of Lancaster and City of
Lincoln providing for City participation in the
funding of the County Public Defender's Office.
Fact Sheet (19K)
Attachment (18K)
35) 09R-144 Approving the appointment of Jeanelle Lust to
the Lincoln-Lancaster County Planning Commission
for a six-year term expiring August 24, 2015.
36) 09R-145 Reappointing Michael Cornelius to the Lincoln-
Lancaster County Planning Commission for a six-
year term expiring August 24, 2015.
37) 09R-146 Reappointing Lynn Sunderman to the Lincoln-
Lancaster County Planning Commission for a six-
year term expiring August 24, 2015.
PUBLIC HEARING ON THE BELOW LISTED AGENDA ITEMS
TO BEGIN AT 2:30 P.M.
1) 09R-137 Public hearing on the 1 & 6 Year Street &
Highway Program, 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)
2) 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)
3) 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)
4) 09R-138 Approving a new schedule for wastewater use
charges commencing November 2009. (8/3/09 -
To have P.H. on 8/10/09 concurrent w/City Budget
Hearing at 2:30 p.m. w/Action on 8/24/09.)
Fact Sheet (13K)
5) 09R-139 Approving a new schedule for water use charges
commencing November 2009. (8/3/09 - To have
P.H. on 8/10/09 concurrent w/City Budget Hearing
at 2:30 p.m. w/Action on 8/24/09.)
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 6:48 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.
Notice of Time and Location Change: The Vote on City
Council Changes to Mayor's Recommended Budget will be
held on August 12, 2009 at 3:00 P.M., Room 113,
County City Building.
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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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