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Formal Agenda


                 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.



                              ***
                    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
                              ***
                              

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