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Formal Agenda


            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                 MONDAY, SEPTEMBER 28, 2009 AT 5:30 P.M.

                          ALL MEMBERS PRESENT

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


                            PUBLIC HEARING
                            CONSENT AGENDA


REPORTS OF CITY OFFICERS

 1)  09R-168   Appointing James Cada to the Charter Revision
               Commission for a term expiring September 28,
               2013.  (ADOPTED, 7-0; A-85519)
               Attachment (17K)

 2)  09R-169   Appointing Steve Guittar and Diane Walkowiak to
               the Charter Revision Commission for terms
               expiring September 28, 2013.
               (ADOPTED, 7-0; A-85520)
               Attachment (50K)

 3)  09R-170   Reappointing Mike Donlan, Laurie Lage, Jose Soto
               and Leroy Stokes to the Charter Revision
               Commission for terms expiring September 28,
               2013. (ADOPTED, 7-0; A-85521)

 4)            Resolution approving the City of Lincoln's
               Investment Activity Report from the City
               Treasurer for the Third Quarter, Fiscal Year
               2008-09. (ADOPTED, 7-0; A-85522)

 5)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on September 14, 2009. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 6)            Setting the hearing date of Monday, October 12,
               2009 at 3:00 p.m. for the application of U.R.
               Rockin, Inc. dba Uncle Ron's for the addition of
               a single-story area measuring approx. 36' by 18'
               to the west and a beer garden area measuring
               approx. 59' by 42' to the southwest at the
               licensed premises at 2137 Cornhusker Hwy.
               (ADOPTED, 7-0; A-85523)

 7)            THE FOLLOWING HAVE BEEN REFERRED TO THE 
               PLANNING DEPARTMENT:
               Change of Zone No. 09023 - Req. by Alan
               Schroeder amending Section 27.51.030 of the
               Lincoln Municipal Code relating to the Use
               Regulations in the I-3 Employment Center
               District to add a provision allowing a building
               to be used as an accessory use for a residence
               for resident watchmen and caretakers or
               supervisory personnel employed and residing on
               the premises; and repealing Section 27.51.030 of
               the Lincoln Municipal Code as hitherto existing.
               Change of Zone No. 09026 - Req. by Mark
               Hunzeker amending Section 27.45.020 of the
               Lincoln Municipal Code relating to permitted
               uses in the H-4 General Commercial District to
               add office buildings as a permitted use; and
               repealing Section 27.45.020 of the Lincoln
               Municipal Code as hitherto existing.


 8)  MISCELLANEOUS REFERRALS - NONE


                          - END CONSENT AGENDA -

     
PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 9 
THRU 13 HAD 2ND READING)

 9)  09-128    Amending Section 9.36.080 of the Lincoln
               Municipal Code to add an additional exception to
               the prohibition against the discharge of
               firearms, weapons and other instruments within
               the city limits by adding a new subsection to
               allow an exemption for hunts authorized by the
               City of Lincoln on its own property and
               conducted under the supervision of the Nebraska
               Game & Parks Commission; and repealing Section
               9.36.080 of the Lincoln Municipal Code as
               hitherto existing.
               Fact Sheet (18K)

10)  09-129    Change of Zone 09022 - Application of the Urban
               Development Department to create a special sign
               district for the 48th and O Streets Redevelopment 
               Plan area, generally located northeast of the 
               intersection of South 48th and O Streets.
               Fact Sheet (238K)

11)  09-130    Approving a Lease Agreement between the City and
               the American Legion Post #280 for the lease of
               space by the Lincoln Area Agency on Aging for
               its ActivAge Center Program at 970 Monroe,
               Bennet, Nebraska from September 1, 2009 through
               August 31, 2010.
               Fact Sheet (39K)
               Attachment (56K)

12)  09-131    Approving a Lease Agreement between the City and
               the Hickman Presbyterian Church for the lease of
               space by the Lincoln Area Agency on Aging for
               its ActivAge Center Program at 300 E. Third
               Street, Hickman, Nebraska from September 1, 2009
               through August 31, 2010.
               Fact Sheet (61K)
               Attachment (93K)

13)  09-132    Adopting an amended and restated City of Lincoln
               Employees' Retirement Plan and Trust for
               civilian (non-uniformed service) employees
               providing for a change in employer contributions
               for employees hired after a date certain and
               adopting IRS Interim Amendments No. 1 and No. 2.
               Fact Sheet (18K)
               Attachment (362K)
               Motion To Amend 1 (6K)


PUBLIC HEARING - RESOLUTIONS

14)  09R-172   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of September 1-
               15, 2009. (ADOPTED, 7-0; A-85524)
               Fact Sheet (14K)
               Attachment (21K)

15)  09R-171   Approving a request for exception from the State
               of Nebraska, Board of Public Roads Classifications 
               and Standards regarding minimum shoulder width 
               in order to minimize the impact of roadway 
               construction on N.W. 48th Street, St. Paul to 
               Cleveland. (ADOPTED, 7-0; A-85525)
               Fact Sheet (14K)

16)  09R-173   Authorizing and supporting the Parks &
               Recreation Department's submittal of a grant
               application to the State Game & Parks Commission
               for a Recreational Trail Program Grant to assist
               in funding the renovation of the Billy Wolff
               Trail between 56th Street and 58th Street,
               adjacent to Van Dorn Street. 
               (ADOPTED, 7-0; A-85526)
               Fact Sheet (46K)

17)  09R-174   Approving appropriations in the amount of
               $49,300.00 from the operation of Keno Lottery
               Funds for various human services (Round 30).
               (ADOPTED, 7-0; A-85527)
               Attachment (111K)

18)  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.
               (9/21/09 - P.H. & Action con't. to
               9/28/09) (PLACED ON PENDING, NO DATE 
               CERTAIN W/P.H. WHEN REMOVED, 7-0)
               Fact Sheet (1872K)
               Attachment (818K)


PUBLIC HEARING
RESOLUTION & ORDINANCES - 3RD READING (SEE ITEMS 20 THRU 24)

19)  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) (9/14/09 - P.H.
               con't. w/Action to 9/28/09) 
               (LOST, 0-7; #38-4596)
               Fact Sheet (38K)
               Attachment (48K)

20)  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) (9/14/09 - P.H. 
               con't. w/Action to 9/28/09) (PLACED ON PENDING, 
               NO DATE CERTAIN, 7-0)
               Fact Sheet (134K)
               Attachment (9K)

21)  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) (9/14/09 - P.H.
               con't. w/Action to 9/28/09) (PLACED ON PENDING, 
               NO DATE CERTAIN, 7-0)
               Fact Sheet (134K)
               Attachment (9K)

22)  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) (9/14/09 - P.H. con't.
               w/Action to 9/28/09) (PLACED ON PENDING, 
               NO DATE CERTAIN, 7-0)
               Fact Sheet (136K)
               Motion To Amend 1 (52K)
               Motion To Amend 2 (51K)

23)  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) 
               (9/14/09 - P.H. con't. w/Action to 9/28/09)
               (PLACED ON PENDING, NO DATE CERTAIN, 7-0)
               Fact Sheet (135K)            
	       Motion To Amend 1 (14K)
               

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. (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) (9/14/09 - P.H. con't.
               w/Action to 9/28/09) (PLACED ON PENDING, 
               NO DATE CERTAIN, 7-0)
               Fact Sheet (134K)
               Attachment (138K)
               Motion To Amend 1 (158K)
               Motion To Amend 2 (378K)
               Motion To Amend 3 (559K)

25)  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 (9/14/09 - Placed on Pending to have
               P.H. w/Action on 9/28/09) (ADOPTED, 4-3; CARROLL, 
               COOK, EMERY, SNYDER ASSENTING; CAMP, HORNUNG, 
               SPATZ DISSENTING; A-85528)
               Fact Sheet (39K)
               Attachment (149K) 
               Synopsis of Changes (42K)


                          - END PUBLIC HEARING -


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

     NONE


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

26)  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.  (PASSED, 7-0; #19308)
               Fact Sheet (40K)
               Attachment (54K)

27)  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.
               (PASSED, 7-0; #19309)
               Fact Sheet (38K)
               Attachment (56K)

28)  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.
               (PASSED, 7-0; #19310)
               Fact Sheet (39K)
               Attachment (45K)


PENDING LIST - DATE CERTAIN

29)  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) (9/14/09 - Action con't.
               to 10/5/09)
               Fact Sheet (635K)
               Attachment (274K)

30)  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)
               (9/14/09 - Action con't. to 10/5/09)
               Fact Sheet (818K)

31)            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.
               (9/14/09 - Placed on Pending, Date 
               Certain to have P.H. on 2/01/2010)


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, OCTOBER 5, 2009, AT 3:00 P.M.
                                                  (APPROVED, 7-0)

37)  09R-175   Approving an agreement between the Lincoln-
               Lancaster County Health Department and Nebraska
               Department of Health and Human Services for
               access to the Electronic Registration System -
               Vital Statistics (birth data) for a period of
               October 1, 2009 to September 30, 2011.
               Fact Sheet (37K)
               Attachment (143K)

38)  09R-176   Approving a contract between the City of Lincoln
               and the University of Nebraska to provide food
               services and related items for the Lincoln Area
               Agency on Aging through local inter-governmental
               cooperative purchasing with the Board of Regents
               of the University of Nebraska at Lincoln with
               Cash-Wa Distribution Co. for a three-year term
               from September 1, 2009 to August 31, 2012 with
               the option for an additional one-year term.
               Fact Sheet (40K)
               Attachment (3450K)


     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   8:44 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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