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 17, 2009 AT 3:00 P.M.

         THERE WILL BE NO COUNCIL MEETING THE WEEK OF
               SEPTEMBER 7TH DUE TO THE HOLIDAY

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

                 ALL MEMBERS PRESENT EXCEPT CAMP & EMERY


                    - CONSENT AGENDA -

REPORTS OF CITY OFFICERS

 1)  09R-144   Approving the appointment of Jeanelle Lust to
               the Lincoln-Lancaster County Planning Commission
               for a six-year term expiring August 24, 2015.
               (ADOPTED, 5-0; A-85472)

 2)  09R-145   Reappointing Michael Cornelius to the Lincoln-
               Lancaster County Planning Commission for a six-
               year term expiring August 24, 2015.
               (ADOPTED, 5-0; A-85473)

 3)  09R-146   Reappointing Lynn Sunderman to the Lincoln-
               Lancaster County Planning Commission for a six-
               year term expiring August 24, 2015.
               (ADOPTED, 5-0; A-85474)

 4)            Clerk's Letter and Mayor's Approval of
               ordinances and resolutions passed by City
               Council  on August 3, 2009. (PLACED ON FILE)

 5)            Report from City Treasurer of City Cash on Hand
               at the close of business on June 30, 2009. 
               (PLACED ON FILE)

 6)            Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for July 2009.(PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 7)            Request of Public Works to set a Public Hearing
               date of Monday, August 31, 2009, at 5:30 p.m.
               and place on the formal City Council Agenda the
               following:
    09-113     To provide authority to create under
               Special Assessment District, an Alley
               Re-paving District from10th to 11th Streets,
               between G and H Streets,  and assess the costs
               thereof against the benefitted properties.
                                             
    09-114     To provide authority to create & order
               constructed under Special Assessment
               District; a sewer main, 8-inch diameter, 
               in 84th Street, US Hwy 6 to approx.
               430 feet south of Fletcher Avenue and
               assess the costs thereof against the
               benefitted properties. 

    09-115     To provide authority to create & order
               constructed under Special Assessment
               District; a water main, 16-inch diameter,
               in 84th Street, US Hwy 6 to Fletcher Avenue
               and assess the  costs thereof against the
               benefitted properties. 
               (APPROVED, 5-0)


 8)  MISCELLANEOUS REFERRALS

                     - END CONSENT AGENDA -
     

PUBLIC HEARING
LIQUOR RESOLUTIONS

 9)            Application of Twisted Steele, Inc. dba The Bar
               for a special designated license covering an
               outdoor area measuring approximately 27 feet by
               87 feet in the adjacent parking lot/driveway of
               Electric Fixture & Supply at 1630 P Street on
               September 5, 26; October 17, 24; and November 7,
               21, 2009 from 8:00 a.m. to 1:00 a.m.
               (ADOPTED FOR APPROVAL, 5-0; A-85475)

10)            Application of Rickety Cricket LLC dba N Street
               Wine & Liquor for a Class D and K catering
               liquor license at 1835 N Street.
               (ADOPTED FOR APPROVAL, 5-0; A-85476)

11)            Manager application of Jamie Q. Tallman for
               Rickety Cricket LLC dba N Street Wine & Liquor 
               at 1835 N Street. (ADOPTED FOR APPROVAL, 5-0;
               A-85477)

12)            Application of Kabredlo's Inc. dba Kabredlo's
               #107 for a Class D liquor license at 3500 North
               48th Street. (ADOPTED FOR APPROVAL, 5-0;
               A-85478)

13)            Manager application of Andrew J. Maxey for
               Kabredlo's Inc. dba Kabredlo's #107 at 3500
               North 48th Street. (ADOPTED FOR APPROVAL, 5-0;
               A-85479)

14)            Application of Debbie Ngo for Fuji Japanese
               Restaurant for a Class I liquor license at 1501
               Pine Lake Road, Bay 5. (ADOPTED FOR APPROVAL, 5-0;
               A-85480)

15)            Application of Cherries, Inc. dba The Fat Toad
               for a Class C liquor license at 1409 O Street.
               (ADOPTED FOR APPROVAL, 5-0; A-85481)

16)            Manager application of Joshua J. Root for
               Cherries, Inc. dba The Fat Toad at 1409 O
               Street. (ADOPTED FOR APPROVAL, 5-0; A-85482)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 17 THRU 19 HAD 2ND READING)

17)  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 (1104K)

18)  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 (962K)

19)  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 (1019K)


PUBLIC HEARING - RESOLUTIONS

20)  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. (MTA #1 ADOPTED, 5-0; MTA #2 ADOPTED, 5-0;
               ADOPTED AS AMENDED, 5-0; A-85483)
               Fact Sheet (14K)
               Attachment (21K)
               Motion To Amend 1 (6K)

21)  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.
               (CON'T. P.H. W/ACTION ON 8/31/09, 5-0)
               Fact Sheet (995K)

22)  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. (ADOPTED, 5-0; A-85484)
               Fact Sheet (44K)
               Attachment (78K)

23)  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.
               (ADOPTED, 5-0; A-85485)
               Fact Sheet (19K)
               Attachment (18K)

                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)

     NONE


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

24)  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.
               (MTA #1 ADOPTED, 5-0; MTA #2 ADOPTED, 5-0;
               PASSED AS AMENDED, 5-0; #19291)
               Fact Sheet (12K)
               Motion To Amend 1 (6K)
               Motion To Amend 2 (7K)

25)  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. (PASSED, 5-0; #19292)


PENDING LIST - DATE CERTAIN

26)  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)

27)  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)

28)  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)

29)  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)

30)  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)


PENDING LIST	(EXTENDED ONE WEEK)

31)  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)

32)  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)

33)  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)

34)  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)

35)  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)

36)  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)

37)  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)

38)  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)

39)  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)

40)  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 24, 2009, AT 3:00 P.M.

     NONE

     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	3:47 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 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