
City of Lincoln
City Council Office
City Council Office
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, SEPTEMBER 14, 2009 AT 3:00 P.M. ALL MEMBERS PRESENT Anyone wishing to address an item on the Consent Agenda may do so at this time - CONSENT AGENDA - REPORTS OF CITY OFFICERS 1) Resolution approving the distribution of funds representing interest earnings on short-term investments of Idle Funds during the month ended July 31, 2009. (ADOPTED, 7-0; A-85503) 2) Report from City Treasurer of franchise tax for the month of July 2009 from Black Hills/Nebraska Gas Utility Co., LLC. (PLACED ON FILE) 3) Report from the City Treasurer of franchise tax for the 1st and 2nd Quarters ending June 30, 2009 from Time Warner Cable. (PLACED ON FILE) 4) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by the City Council on August 24, 2009. (PLACED ON FILE) 5) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by the City Council on August 31, 2009. (PLACED ON FILE) 6) Report from City Treasurer of E911 surcharge for 2nd Quarter 2009: TWC Digital Phone LLC; June 2009: Charter Fiberlink - Nebraska, LLC; July 2009: 8x8, Inc., ACN Communications, AT&T Communications of Midwest, Budget Prepay, Comtel Telcom Assets, Granite Telecommunications, iNetworks Group, Level 3 Communications, Qwest Communications Company, TWC Digital Phone LLC, Vonage America. (PLACED ON FILE) 7) Report from City Treasurer of Telecommunications Occupation Tax for 2nd Quarter 2009: Matrix Telecom, MegaPath, Reliance Communications, Southwest Communications, Telenational Communications, Windstream Nebraska; May 2009: Nebraska Technology & Telecomm.; June 2009: AccessLine, ACN Communications Services, Advanced Tel Inc, AireSpring, AT&T Communications of Midwest, Broadband Dynamics, Broadwing Comm., Cellco Partnership, CIMCO Comm., Cincinnati Bell Any Distance, Comtel, CTI Long Distance, Global Crossing, Globalstar USA, Granite, IBM Global, IDT Domestic, Intellicall Operator Services, i-wireless, KDDI America, McLeodUSA, Nebraska Technology & Telecomm., Network Billing Systems, New Cingular Wireless, New Edge Networks, Norstan Network Services, NOSVA, Omaha Cellular, OnStar, PNG Telecomm., Primus, Public Communications Services, Quantum Shift, Qwest Comm., Sioux City MSA, TCG Omaha, Telecorp Comm., TracFone Wireless, Trans National, TON Services, TWC Digital Phone, UCN, USCOC of Greater Iowa, USCOC of Nebraska/Kansas, Verizon Long Distance, Verizon Select, Verizon Wireless, Virgin Mobile USA, VoiceCom, Working Assets Funding Service, XO Communication Services; July 2009: Alltel Communications of Nebraska, ATS Mobile Telephone, BT Americas, Business Telecom, Covista, Cricket Communications, D&D Comm., Enhanced Comm. Group, First Communications, Globalcom, i-wireless, Lightyear Network Solutions, MCI Communications Services, Network Billing Systems, Nextel West Corp., NOS Comm., NOSVA, NPCR, Inc., Public Communications Services, SBC Long Distance, Sprint Communication Co., Sprint Spectrum, 360networks, Total Holdings, Tri-M Comm., Unite Private Networks, Wholesale Carrier Services, WWC License, Yestel USA, Zone Telecom, Inc. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 8) Setting the hearing date of Monday, February 1, 2010, requested by J. Michael Rierden on behalf of Lincoln Federal Savings Bank and Stonebridge Creek LLC appealing from the determination of Impact Fees imposed on the property legally described as Lots 39, 45, 46, 47, 49, 50 in Section 25, Township 11 North, Range 6 East generally located between Centurion Drive and North 27th Street along both sides of Alvo Road, Lancaster County, Nebraska. (motion to place on Pending - Date Certain requested) (PLACED ON PENDING, DATE CERTAIN TO 2/01/2010, 7-0) 9) MISCELLANEOUS REFERRALS - NONE - END CONSENT AGENDA - PUBLIC HEARING LIQUOR RESOLUTIONS 10) Application of Rickety Cricket LLC dba N Street Wine & Liquor (f/k/a N Street Drive In) for a change of location of their existing Class D liquor license from 1835 N Street to 1801 O Street. (ADOPTED FOR APPROVAL, 7-0; A-85504) 11) Application of Red Herring Concepts, LLC, dba Toast for a Class C and Class K catering liquor license at 570 Fallbrook Blvd., Suite 105. (ADOPTED FOR APPROVAL, 7-0; A-85505) 12) Manager application of Michael J. Martin for Red Herring Concepts, LLC, dba Toast at 570 Fallbrook Blvd., Suite 105. (ADOPTED FOR APPROVAL, 7-0; A-85506) 13) Application of A.S. Hospitality, Inc. dba Capital City Grill for a Class C liquor license at 301 N. 8th Street. (P.H. W/ACTION CON'T. 1 WK. TO 9/21/09, 7-0) 14) Manager application of Randall A. Jones for A.S. Hospitality, Inc. dba Capital City Grill at 301 N. 8th Street. (P.H. W/ACTION CON'T. 1 WK. TO 9/21/09, 7-0) PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEM 15 HAD 2ND READING) 15) 09-124 Amending the pay schedule for a certain employee group by creating the classification of "Crime Analysis Manager." Fact Sheet (134K) Attachment (6K) PUBLIC HEARING - RESOLUTIONS 16) 09R-156 Approving a Prepaid Debit Card Agreement between the City and U.S. Bank National Association to enable the City to participate in a program to provide payroll or other funds to City employees on a State of Nebraska prepaid debit card product and incorporating the terms and conditions of the Nebraska Card Agreement to govern such agreement. (ADOPTED, 7-0; A-85507) Fact Sheet (45K) Attachment (185K) PUBLIC HEARING RESOLUTION & ORDINANCES - 3RD READING 17) 09R-150 Approving the labor contract between the City and the Lincoln M Class Employees Association effective August 20, 2009. (8/31/09 - P.H. con't w/Action to 9/14/09) (P.H. W/ACTION CON'T. TO 9/28/09, 7-0) Fact Sheet (38K) Attachment (48K) 18) 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) (8/31/09 - P.H. con't w/Action to 9/14/09) (P.H. W/ACTION CON'T. TO 9/28/09, 7-0) Fact Sheet (134K) Attachment (9K) 19) 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) (8/31/09 - P.H. con't w/Action to 9/14/09) (P.H. W/ACTION CON'T. TO 9/28/09, 7-0) Fact Sheet (134K) Attachment (9K) 20) 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) (8/31/09 - P.H. con't w/Action to 9/14/09) (P.H. W/ACTION CON'T. TO 9/28/09, 7-0) Fact Sheet (136K) Motion To Amend 1 (52K) 21) 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) (8/31/09 - P.H. con't w/Action to 9/14/09) (P.H. W/ACTION CON'T. TO 9/28/09, 7-0) Fact Sheet (135K) Motion To Amend 1 (14K) 22) 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) (8/31/09 - P.H. con't w/Action to 9/14/09) (P.H. W/ACTION CON'T. TO 9/28/09, 7-0) Fact Sheet (134K) Attachment (138K) Motion To Amend 1 (158K) Motion To Amend 2 (378K) - END PUBLIC HEARING - ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 23 THRU 25 HAD 1ST READING) 23) 09-125 Approving a lease agreement between the City and St. James United Methodist Church for the lease of space by the Lincoln Area Agency on Aging for its ActivAge Center Program at 2400 S. 11th Street, Lincoln, Nebraska from September 1, 2009 to August 31, 2010. Fact Sheet (40K) Attachment (54K) 24) 09-126 Approving a lease agreement between the City and First United Methodist Church/Waverly for the lease of space by the Lincoln Area Agency on Aging for its ActivAge Center Program at 14410 Folkestone Street, Waverly, Nebraska from September 1, 2009 to August 31, 2010. Fact Sheet (38K) Attachment (56K) 25) 09-127 Approving and ratifying an Addendum to the Lease Agreement between the Lincoln-Lancaster County Health Department and Enterprise Co., Inc. dba Cornhusker Center for the lease of space at 2662 Cornhusker Highway for a period of November 1, 2008 through October 31, 2010 for the Women, Infants and Children (WIC) Program. Fact Sheet (39K) Attachment (45K) ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) (SEE ITEMS 33 & 34) 26) 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. (PASSED, 7-0; #19298) Fact Sheet (12K) Attachment (973K) 27) 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. (PASSED, 7-0; #19299) Fact Sheet (16K) Attachment (1083K) 28) 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. (PASSED, 7-0; #19300) Fact Sheet (12K) Attachment (1070K) 29) 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. (PASSED, 7-0; #19301) Fact Sheet (19K) 30) 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. (PASSED, 7-0; #19302) Fact Sheet (16K) 31) 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. (PASSED, 7-0; #19303) Fact Sheet (18K) 32) 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. (PASSED, 7-0; #19304) Fact Sheet (18K) 33) 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) (PLACED ON PENDING, DATE CERTAIN TO 10/5/09, 7-0) Fact Sheet (635K) Attachment (274K) 34) 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) (PLACED ON PENDING, DATE CERTAIN TO 10/5/09, 7-0) Fact Sheet (818K) 35) 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. (PASSED, 7-0; #19305) Fact Sheet (2073K) Attachment (153K) 36) 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. (PASSED, 7-0; #19306) Fact Sheet (898K) PENDING LIST - DATE CERTAIN NONE PENDING LIST (EXTENDED ONE WEEK) 37) 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) 38) 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) 39) 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) 40) 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) 41) 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) A SPECIAL PUBLIC HEARING SHALL BE HELD ON MONDAY, SEPTEMBER 21, 2009 AT 3:00 P.M. OR AS SOON THEREAFTER AS POSSIBLE ON THE FOLLOWING RESOLUTION (APPROVED, 7-0) 42) 09R-159 Approving the 2009-2010 City tax rate of 0.28788 per $100.00 of assessed valuation. Fact Sheet (40K) WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING ON MONDAY, SEPTEMBER 21, 2009, AT 3:00 P.M. (APPROVED, 7-0; SEE ITEM 45) 43) 09R-167 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of August 16 - 31, 2009. Fact Sheet (14K) Attachment (22K) 44) 09R-157 Approving a Service Agreement between the City of Lincoln, on behalf of the Lincoln- Lancaster County Health Department's Special Supplemental Nutrition Program for Women, Infants & Children (WIC), and the University of Nebraska Lincoln County Extension Nutrition Education Program to provide nutrition education services at the Lincoln Medical Education Partnership at 4600 Valley Road, North 27th Street and other mutually agreed upon City sites, for a three-year period from July 1, 2009 through June 30, 2012. Fact Sheet (38K) Attachment (320K) 45) 09R-158 Approving and ratifying the labor contract between the City of Lincoln and the Lincoln Firefighters Association, Local No. 644, International Association of Firefighters, effective August 20, 2009 through August 31, 2010. (PLACED ON PENDING TO HAVE P.H. W/ACTION ON 9/28/09, 7-0) Fact Sheet (39K) Attachment (149K) 46) 09R-160 Appointing Thomas J. Beckius to the Lincoln City Library Board for a seven-year term expiring August 31, 2016. Attachment (26K) 47) 09R-163 Approving a Contract Agreement between the City, Lancaster County, and Rochester Armored Car for armored car services for various departments for a two-year period with an option to renew for an additional two-year period. Fact Sheet (43K) Attachment (14K) 48) 09R-164 Comp. Plan Amendment No. 09006 - Amending the 2030 Lincoln/Lancaster County Comprehensive Plan to add the Little Salt Creek Watershed Master Plan to the list of subarea plans and watershed studies, and to amend the Lincoln Area and Lancaster County future land use maps to ensure the Agricultural Stream Corridor, Green Space and Environmental Land Uses are consistent with the updated Floodprone Area and Floodway boundaries, as appropriate. Fact Sheet (532K) Executive Summary LSC Watershed Plan 49) 09R-162 Approving the Little Salt Creek 100-year Floodprone Areas and Floodway as the best available information for local flood regulation purposes. Fact Sheet (16K) Attachment (1606K) 50) 09R-165 Comp. Plan Conformity No. 09005 - Approving and adopting a proposed amendment to the Lincoln Center Redevelopment Plan for the Block 68 Redevelopment Project for the development of a hotel and entertainment complex, mixed-use residential and commercial building with retail on the first floor and parking facility for the proposed uses on property located on the block bounded by 10th, 11th, M and N Streets. Fact Sheet (1872K) Attachment (818K) 51) 09R-166 Comp. Plan Conformity No. 09009 - Approving and adopting a proposed amendment to the Lincoln Center Redevelopment Plan to revise the Lincoln Mall Capitol Environs Redevelopment Project to expand the boundary to include the public rights-of-way of Centennial mall from the south side of K Street to the mid-point of R Street. Fact Sheet (701K) Attachment (830K) 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 SEPTEMBER ARE THE 14TH AND THE 28TH. ADJOURNMENT 3:48 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 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 ***