City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 24, 2009 AT 3:00 P.M.
ALL MEMBERS PRESENT
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
- CONSENT AGENDA -
REPORTS OF CITY OFFICERS
1) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on August 10, 2009. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
2) Setting the hearing date of Monday, September
14, 2009 at 3:00 p.m. for the Application of
A.S. Hospitality, Inc. dba Capital City Grill
for a Class I liquor license located at 301 N.
8th Street. (ADOPTED, 7-0; A-85486)
3) Setting the hearing date of Monday, September
14, 2009 at 3:00 p.m. for the Application of Red
Herring Concepts, LLC dba Toast for a Class CK
liquor license located at 570 Fallbrook
Boulevard, Suite 105. (ADOPTED, 7-0;
A-85487)
4) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
NONE
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 5
THRU 21 HAD 1ST READING)
5) 09-113 Creating Alley Re-paving District No. 49 in
the east-west alley from 10th to 11th Streets,
between G and H Streets, and assessing the costs
thereof against the benefitted property.
Fact Sheet (12K)
Attachment (973K)
6) 09-114 Creating Special Assessment Sewer District No.
1185 for the purpose of constructing an 8-inch
diameter sanitary sewer in 84th Street, Highway
6 to approximately 430 feet south of Fletcher
Avenue, and assessing the costs thereof against
the benefitted property.
Fact Sheet (16K)
Attachment (1083K)
7) 09-115 Creating Water District No. 1201 for the
purpose of constructing a 16-inch diameter water
main in 84th Street from Highway 6 to Fletcher
Avenue and assessing the costs thereof against
the benefitted property.
Fact Sheet (12K)
Attachment (1070K)
8) 09-116 Amending Title 24 of the Lincoln Municipal Code,
Plumbing and Sewers, by amending Section
24.38.070 to increase permit fees relating to
on-site wastewater treatment systems and
creating a fee for an inspector permit; amending
Section 24.42.110 relating to the transfer of
property with on-site systems to increase the
fee for evaluation and review of Property
Transfer Inspector reports and any necessary
site visits by Health Director; and repealing
Sections 24.38.070 and 24.42.110 of the Lincoln
Municipal Code as hitherto existing.
Fact Sheet (19K)
9) 09-117 Amending Title 8 of the Lincoln Municipal Code
relating to Health and Sanitation, by amending
Section 8.06.145 to increase open burning permit
fees; amending Section 8.08.060 to increase body
art establishment permit fees; amending Section
8.08.150 to increase body art practitioner
permit fees; amending Section 8.12.035 to
increase small family child care home permit
fees and to decrease the annual fee paid for new
certificates of compliance issued after July 31
of each year; amending Section 8.12.075 to
revise the small family child care home late
fees to be a percentage of the annual fee;
amending Section 8.12.200 to revise the small
family child care home reinstatement fee to be a
percentage of the annual fee; amending Section
8.14.035 to replace a reference to the term
"Level III Food Handler" with "Prep/Cook Food
Handler or Food Manager" for the type of permit
an operator or person in charge of food
preparation must hold; amending Section 8.14.037
to increase child care program permit fees;
amending Section 8.14.065 to revise child care
program late fees to be a percentage of the
annual fee; amending Section 8.14.150 to revise
the child care program reinstatement fee to be a
percentage of the annual fee; amending Section
8.20.150 to increase food code permit fees;
amending Section 8.24.150 to increase the permit
fee for a variance of the noise control
ordinance; amending Section 8.38.090 to increase
public swimming pool permit fees; amending
Section 8.40.070 to increase spa facility permit
and inspection fees; amending Section 8.44.070
to increase permit fees for water wells; and
repealing Sections 8.06.145, 8.08.060, 8.08.150,
8.12.035, 8.12.075, 8.12.200, 8.14.035,
8.14.037, 8.14.065, 8.14.150, 8.20.150,
8.24.150, 8.38.090, 8.40.070 and 8.44.070 of the
Lincoln Municipal Code as hitherto existing.
Fact Sheet (16K)
10) 09-118 Amending Chapter 5.41 of the Lincoln Municipal
Code relating to Salvaging, Recycling, and
Composting Operations by amending Section
5.41.050 to increase the permit fees required
under that chapter; amending Section 5.41.060 to
increase the occupation tax levied upon salvage
operations and commercial composting operations;
and repealing Sections 5.41.050 and 5.41.060 of
the Lincoln Municipal Code as hitherto existing.
Fact Sheet (18K)
11) 09-119 Amending Chapter 8.20 of the Lincoln Municipal
Code, the Lincoln Food Code, by amending Section
8.20.190 to require the food permit holder
rather than the food establishment to maintain
staffing records and to arrange for and require
all employees to have a valid food handler
permit and/or food manager permit; amending
Section 8.20.300 to provide for revocation of a
permit under the Lincoln Food Code in addition
to suspension; amending Section 8.20.310 to
clarify existing language regarding conditions
for reissuance of a suspended permit; and
repealing Sections 8.20.190, 8.20.300, and
8.20.310 of the Lincoln Municipal Code as
hitherto existing.
Fact Sheet (18K)
12) 09-120 Annexation 09003 - Amending the Lincoln
Corporate Limits Map by annexing approximately
27.52 acres of property generally located at
South 91st Street and Highway 2. (Related
Items 09-120, 09-121)
Fact Sheet (635K)
Attachment (274K)
13) 09-121 Change of Zone 09011 - Application of Andermatt
LLC for a change of zone from AG Agricultural to
B-2 Planned Neighborhood Business District
Southlake PUD for approximately 104,000 square
feet of health care facility, approximately
50,000 square feet of office, and approximately
15,000 square feet of commercial, and approval
of a development plan which proposes to modify
standards of the underlying zoning district,
subdivision regulations and design standards, on
property generally located at S. 91st Street and
Highway 2. (Related Items 09-120, 09-121)
Fact Sheet (818K)
14) 09-122 Change of Zone 09020HP - Application of William
J. and Myrna Wood to designate the Arnott and
Louisa Ricketts Mansion at 400 South 33rd Street
as a historic landmark.
Fact Sheet (2073K)
Attachment (153K)
15) 09-123 Comprehensive Plan Conformance 09008 - Declaring
approximately 12.56 acres of property generally
located at North 56th Street and Bluff Road as
surplus property and authorizing the sale
thereof.
Fact Sheet (898K)
16) 09R-150 Approving the labor contract between the City
and the Lincoln M Class Employees Association
effective August 20, 2009.
Fact Sheet (38K)
Attachment (48K)
17) 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)
18) 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)
19) 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)
Motion To Amend 1 (52K)
20) 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)
Motion To Amend 1 (14K)
21) 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)
Motion To Amend 2 (378K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
22) 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.
(PASSED, 7-0; #19293)
Fact Sheet (45K)
Attachment (1104K)
23) 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.
(PASSED, 7-0; #19294)
Fact Sheet (43K)
Attachment (962K)
24) 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.
(PASSED, 7-0; #19295)
Fact Sheet (44K)
Attachment (1019K)
2009/2010 CITY BUDGET ORDINANCES AND RESOLUTIONS
25) 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) (PASSED, 4-3; CARROLL, COOK,
EMERY, SNYDER ASSENTING; CAMP, HORNUNG, SPATZ
DISSENTING; #19296)
Fact Sheet (18K)
26) 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) (MTA #1 ADOPTED, 6-1; CAMP, CARROLL,
COOK, EMERY, SNYDER, SPATZ ASSENTING; HORNUNG
DISSENTING; PASSED AS AMENDED, 5-2; CARROLL,
COOK, EMERY, SNYDER, SPATZ ASSENTING; CAMP,
HORNUNG DISSENTING; #19297)
Fact Sheet (18K)
27) 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)
(ADOPTED, 7-0; A-85488)
Fact Sheet (13K)
28) 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)
(ADOPTED, 7-0; A-85489)
Fact Sheet (13K)
29) 09R-137 Action 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) (MOTION FOR SUBSTITUTE RESOLUTION TO
INCLUDE AMENDED SCHEDULE 2 ADOPTED, 7-0; SUBSTITUTE
RESOLUTION ACCEPTED, 4-3; CARROLL, COOK, EMERY,
SNYDER ASSENTING; CAMP, HORNUNG, SPATZ DISSENTING;
ADOPTED AS AMENDED, 4-3; CARROLL, COOK, EMERY,
SNYDER ASSENTING; CAMP, HORNUNG, SPATZ DISSENTING;
A-85490)
Attachment (895K)
Substitute (1189K)
PENDING LIST - DATE CERTAIN
30) 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. (8/17/09 - Claim of Paul and Maria
Canarsky held over for P.H. & Action on
8/31/09)
31) 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.
(8/17/09 - P.H. w/Action con't to 8/31/09)
Fact Sheet (995K)
PENDING LIST (EXTENDED ONE WEEK)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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 31, 2009, AT 5:30 P.M.
(APPROVED, 5-1; CARROLL, COOK, EMERY, HORNUNG, SNYDER ASSENTING;
CAMP DISSENTING; SPATZ ABSENT)
37) 09R-151 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of August 1 -
15, 2009.
Fact Sheet (14K)
Attachment (20K)
38) 09R-101 Identifying and declaring the area generally
located along South Street from the alley west
of 9th Street to 19th Street as the South Street
Business Area; approving the appointment of Ana
Cox, Ken Fugeron, Jessi Gibson, David Reese,
Bret Richardson and Dan Settle as members of the
South Street Business Area Improvement Board;
and directing the Board to make recommendations
to the City Council for the establishment of a
plan for improvements in the South Street
Business Area.
Fact Sheet (187K)
Attachment (39505K)
39) 09R-147 Increasing fees for special waste permits as
authorized under Chapter 8.32 of the Lincoln
Municipal Code.
Fact Sheet (18K)
40) 09R-148 Amending the Lincoln Lancaster County Air
Pollution Control Program Regulations and
Standards to increase the notification fee for
National Emission Standards for Hazardous Air
Pollutants (NESHAPS) asbestos projects and
construction permit fees.
Fact Sheet (18K)
Attachment (13K)
41) 09R-149 Adopting fees to cover the expenses of
conducting National Pollutant Discharge
Elimination System (NPDES) stormwater permit
compliance inspections at regulated industrial
facilities by Health Department staff.
Fact Sheet (18K)
42) 09R-152 Authorizing and supporting the application to
the Transportation Enhancement Program of the
State of Nebraska Department of Roads to assist
with funding the construction of the Stonebridge
Trail connecting the Alvo Road Trail near 14th
and Alvo Road with the 14th Street Trail near
14th and Humphrey.
Fact Sheet (49K)
43) 09R-153 Approving the labor contract between the City of
Lincoln and the Lincoln Police Union effective
August 20, 2009.
Fact Sheet (39K)
Attachment (120K)
44) 09R-154 A resolution binding the City as a sub-recipient
of federal aid funding for certain
transportation facilities (roads, streets,
trails and others) to comply with all applicable
federal law, including the rules and regulations
of the Federal Highway Administration, all
applicable state law rules and regulations
(Nebraska Administrative Code) and the
requirements of the LPA Guidelines Manual of the
Nebraska Department of Roads (including the
Consultant Selection Process), the National
Environmental Policy Act (NEPA), the Uniform
Relocation Assistance and Real Property
Acquisition Policies Act (Uniform Act) and to
maintain adequate financial management systems
and designating certain directors as responsible
for management of the consultant selection
process, the NEPA and the Uniform Act and
authorizing Don Herz as Director of the Finance
Department to sign the LPA Financial Management
Systems Certification.
Fact Sheet (46K)
Attachment (66K)
45) 09R-155 Appointing Eugene Carroll to the Public Building
Commission for a four-year term expiring
August 1, 2013.
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 4:33 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.
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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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