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Formal Agenda


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