City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 27, 2009 AT 5:30 P.M.
ALL MEMBERS PRESENT
THE MEETING OF AUGUST 3RD WILL BEGIN AT 3:00 P.M.
Anyone wishing to address an item on the Consent Agenda may do so at this time
- CONSENT AGENDA -
REPORTS OF CITY OFFICERS
1) 09R-129 Appointing Jayne Snyder to the Lincoln-Lancaster
County Board of Health for a three-year term
expiring April 15, 2012. (ADOPTED, 7-0; A-85445)
2) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
July 13, 2009. (PLACED ON FILE)
3) Clerk's Letter and Mayor's Approval of Resolutions
adopted by the City Council and the County
Commissioners at the Joint Meeting on Comprehensive
Plan Amendments on July 14, 2009.
(PLACED ON FILE)
4) Report from City Treasurer of Telecommunications
Occupation Tax for March 2009: Total Holdings;
April 2009: Total Holdings; May 2009: Total
Holdings; 2nd Quarter 2009: AmeriVision Communications,
Cause Based Commerce, Digizip.com, Opex Communications;
June 2009: Business Telecom, First Communications,
Globalcom, SBC Long Distance, Total Holdings,
360networks, Wholesale Carrier Services.
(PLACED ON FILE)
5) Report from City Treasurer of E911 surcharge for
the Month of June 2009: iNetworks Group, Inc.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
6) Setting the hearing date of Monday, August 17, 2009,
at 3:00 p.m. for the application of Cherries Inc.
dba The Fat Toad for a Class C liquor license
located at 1409 O Street. (ADOPTED, 7-0; A-85446)
7) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEM 8
HAD 2ND READING)
8) 09-95 Amending Chapter 22.05 of the Lincoln
Municipal Code relating to the Lincoln
Construction Sign Code by amending Section
22.05.010 to revise the title of the code;
by amending Section 22.05.020 to delete
definitions and to provide that terms shall
have the same meaning as defined in Chapter
27.69 of the Lincoln Municipal Code; by
amending Section 22.05.030 to provide
specific reference for exceptions; by
amending Section 22.05.050 to modify the
listing of signs for which a permit is not
required; by amending Section 22.05.060 to
include new sign permit fees, to increase
other fees, and to provide that no refund
shall be issued on a permit where the
required refund amount is less than $50.00;
by amending Section 22.05.080 to clarify
that sign clearance from overhead
electrical conductors shall be that
required by the current edition of the
Lincoln Electrical Code or as recommended
by the serving utility company and by
deleting Table 22.05.080; by amending
Section 22.05.090 to clarify that a
reference is to the current edition of the
Lincoln Electrical Code; by amending
Section 22.05.100 to provide construction
standards for freestanding signs and to
delete reference to pole signs; by
repealing Section 22.05.110 and 22.05.120
relating to ground signs and roof signs,
respectively; by amending Section 22.05.160
to provide that electric signs and electric
equipment used in connection with
illuminated signs shall be installed in
accordance with the current edition of the
Lincoln Electrical Code; by amending
Section 22.05.170 to clarify that signs on
vehicles which are used for the primary
purpose of being a sign are not permitted;
by amending Section 22.05.190 to prohibit
temporary ground signs except as provided
in Section 22.05.170; and repealing
Sections 22.05.010, 22.05.020, 22.05.030,
22.05.050, 22.05.060, 22.05.080, 22.05.090,
22.05.100, 22.05.150, 22.05.170, and
22.05.190 of the Lincoln Municipal Code as
hitherto existing.
Fact Sheet (42K)
Motion To Amend 1 (7K)
PUBLIC HEARING - RESOLUTIONS
9) 09R-130 Approving an Agreement between the City of
Lincoln and the Nebraska Department of Health
and Human Services for the Minority Health
Initiative Project for July 1, 2009 through
June 30, 2011. (ADOPTED, 7-0; A-85447)
Fact Sheet (39K)
Attachment (392K)
10) 09R-131 Approving an Agreement between the City of
Lincoln and the Nebraska Department of Health
and Human Services for the Tobacco School/
Community/ Outreach Project for July 1, 2009
through June 30, 2011. (ADOPTED, 7-0; A-85448)
Fact Sheet (40K)
Attachment (473K)
11) 09R-132 Approving the Memorandum of Agreement Regarding
Funding, Construction, and Endowment of a
Fountain at Union Plaza, and Endowment of a
Public Gardens Internship Program between the
City, Lincoln Parks Foundation and Trustee for
the Ken Good Estate to fund development and
endowment of a fountain in Union Plaza located
between O and P Streets. (ADOPTED, 7-0; A-85449)
Fact Sheet (60K)
Attachment (126K)
12) 09R-120 Approving the labor contract between the City
and the Public Association of Government
Employees (PAGE) effective August 20, 2009.
(7/20/09 - PH & Action con't. to 7/27/09)
(ADOPTED, 5-2; CARROLL, COOK, EMERY, SNYDER,
SPATZ ASSENTING; CAMP, HORNUNG DISSENTING;
A-85450)
Fact Sheet (36K)
Attachment (402K)
13) 09R-121 Approving the labor contract between the City
and the Amalgamated Transit Union effective
August 20, 2009. (7/20/09 - PH & Action
con't. to 7/27/09) (ADOPTED, 5-2; CARROLL, COOK,
EMERY, SNYDER, SPATZ ASSENTING; CAMP, HORNUNG
DISSENTING; A-85451)
Fact Sheet (39K)
Attachment (150K)
14) 09R-122 Approving the labor contract between the City
and the Lincoln M Class Employees Association
(M) effective August 20, 2009. (7/20/09 - PH
& Action con't. to 7/27/09) (MTA #1 ADOPTED, 7-0;
LOST, 2-5; CARROLL, SNYDER ASSENTING; CAMP, COOK,
EMERY, HORNUNG, SPATZ DISSENTING; #38-4594)
Fact Sheet (37K)
Attachment (165K)
15) 09R-123 Approving the labor contract between the City
and the Lincoln City Employees Association
(LCEA) effective August 20, 2009. (7/20/09 -
PH & Action con't. to 7/27/09) (ADOPTED, 5-2;
CARROLL, COOK, EMERY, SNYDER, SPATZ ASSENTING;
CAMP, HORNUNG DISSENTING; A-85452)
Fact Sheet (38K)
Attachment (822K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 16
THRU 27 HAD 1ST READING, SEE ITEMS 26 & 27)
16) 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.
17) 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.
Fact Sheet (564K)
18) 09-97 Amending the pay schedule for a certain
employee group by creating the
classification of Senior Attorney.
Fact Sheet (134K)
Attachment (9K)
19) 09-98 Amending the pay schedule for a certain
employee group by revising the
classification of Attorney II.
Fact Sheet (134K)
Attachment (9K)
20) 09-99 Amending the pay schedule for a certain
employee group by creating the
classification of Firefighter Paramedic.
Fact Sheet (134K)
Attachment (11K)
21) 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.
Fact Sheet (136K)
22) 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.
Fact Sheet (135K)
23) 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.
Fact Sheet (134K)
Attachment (128K)
24) 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.
Fact Sheet (134K)
Attachment (138K)
25) 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.
Fact Sheet (134K)
Attachment (355K)
26) 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. (CON'T P.H. CONCURRENT WITH
CITY BUDGET ON 8/10/09 AT 2:30 P.M. W/ACTION
ON 8/24/09, 7-0)
Fact Sheet (18K)
27) 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.
(CON'T P.H. CONCURRENT WITH CITY BUDGET ON 8/10/09
AT 2:30 P.M. W/ACTION ON 8/24/09, 7-0)
Fact Sheet (18K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
28) 09-90 Amending Chapters 2.62, 2.65, and 2.66 of the
Lincoln Municipal Code regarding Tax-Qualified
Plan language to obtain a new favorable letter
of determination from the Internal Revenue
Service. (PASSED, 7-0; #19281)
Fact Sheet (50K)
Attachment (41K)
29) 09-91 Amending Section 1 of Ordinance No. 19240,
passed by the City Council on April 27,
2009, to include Blocks 23, 24 and 25,
Cushman Addition, in the annexation of land
generally located at N.W. 48th Street and
West O Street. (PASSED, 7-0; #19282)
Fact Sheet (55K)
30) 09-92 Change of Zone 09009 - Amending Chapter
27.69 of the Lincoln Municipal Code
relating to signs by amending Section
27.69.020 to revise and add definitions; by
adding a new Section 27.69.021 to add a
Figure 1, General Sign Types; by adding a
new Section 27.69.022 to provide methods to
calculate the sign area of various signs;
by amending Section 27.69.030 to provide
general requirements for signs including
location, height, sign area, illumination,
and additional provisions for certain
specific types of signs; by amending
Section 27.69.040 to adopt Sign Tables
setting forth the sign requirements for
various types of signs; by repealing
Sections 27.69.041, 27.69.042, 27.69.043,
27.69.044, 27.69.045, 27.69.046, 27.69.047,
27.69.048, 27.69.049, 27.69.050, 27.69.060,
27.69.070, 27.69.075, 27.69.080, 27.69.081,
27.69.083, 27.69.130, 27.69.170, and
27.69.210; by amending Sections 27.69.090,
27.69.220, 27.69.240, 27.69.260, and
27.69.330 to change a reference from ground
sign to freestanding sign; by amending
Section 27.69.100 to provide regulations
for non-illuminated temporary real estate,
construction and noncommercial signs; by
amending Sections 27.69.110, 27.69.140,
27.69.150, 27.69.180, 27.69.230, 27.69.240,
and 27.69.260 to clarify that a reference
to area is referring to "sign area" of a
sign; by amending Section 27.69.160 to
delete a requirement that the location,
size and illumination of a sign for a
special permitted use in a residential
district must be specifically approved as
part of the special permit approval; by
amending Section 27.69.250 to modify
provisions regarding the display of flags;
by amending Section 27.69.310 to modify
provisions regarding roof signs as an
alternative to a freestanding sign and to
change a reference from pole sign to
freestanding sign; by amending Section
27.69.340 to revise provisions for signs in
Planned Unit Developments; and repealing
Sections 27.69.020, 27.69.030, 27.69.040,
27.69.090, 27.69.100, 27.69.110, 27.69.140,
27.69.150, 27.69.160, 27.69.180, 27.69.220,
27.69.230, 27.69.240, 27.69.250, 27.69.260,
27.69.310, 27.69.330, and 27.69.340 of the
Lincoln Municipal Code as hitherto
existing. (PASSED, 7-0; #19283)
Fact Sheet (509K)
31) 09-93 Authorizing the issuance of not to exceed
$16,000,000 Water Revenue Bonds of the
City. (MTA #1 ADOPTED, 7-0; PASSED AS
AMENDED, 7-0; #19284)
Motion To Amend 1 (69K)
PENDING LIST - DATE CERTAIN
32) 09R-103 Approving an Interlocal Agreement between
Lincoln Public Schools and the City of Lincoln
to construct Stormwater Best Management
Practices at Arnold Elementary School generally
located southwest of W. Cuming and N.W. 48th
Streets. (6/29/09 - Placed on Pending, No
Date Certain) (Request to remove from
Pending for P.H. & Action on 8/3/09) (7/20/09 -
To have P.H. & Action on 8/3/09)
Fact Sheet (43K)
Attachment (108K)
PENDING LIST (EXTENDED ONE WEEK)
33) 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)
34) 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)
35) 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)
36) 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)
Fact Sheet (131K)
37) 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)
38) 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 3, 2009, AT 3:00 P.M.
(APPROVED, 7-0)
39) 09R-133 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of July 1 - 15,
2009.
Fact Sheet (14K)
Attachment (19K)
40) 09R-134 Waiver No. 09006 - Application of the Kansas-
Nebraska Association of Seventh Day Adventists
for The New Creation Church to waive the parking
lot surfacing requirement pursuant to Section
27.67.100(c) of the Lincoln Municipal Code on
property generally located at the northeast
corner of the intersection of South Coddington
Avenue and West Old Cheney Road.
Fact Sheet (594K)
41) 09R-135 Approving a schedule of fees the City may charge
for ambulance service.
Fact Sheet (68K)
Attachment (110K)
42) 09R-136 Approving a two-year contract between the City
of Lincoln, Lancaster County, Lincoln-Lancaster
Public Building Commission and Mail Sort
Professionals through inter-governmental
cooperative purchasing through a contract with
the State of Nebraska for the processing of mail
flats.
Fact Sheet (40K)
Attachment (423K)
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 JULY ARE THE 13TH AND THE 27TH.
ADJOURNMENT 7:18 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.
The Open Microphone sessions for August are: August 17th and 31st.
***
The City Council Meeting
which is broadcast live at 1:30 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
***