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Formal Agenda


    ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
             MONDAY, OCTOBER 5, 2009 AT 3:00 P.M.

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

                 ALL MEMBERS PRESENT


                      PUBLIC HEARING
                      CONSENT AGENDA


REPORTS OF CITY OFFICERS

 1)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on September 21, 2009. (PLACED ON FILE)

 2)            Report from City Treasurer of Cash on Hand at
               the close of business August 31, 2009. PLACED
               ON FILE)


PETITIONS & COMMUNICATIONS

     NONE


 3)  MISCELLANEOUS REFERRALS


                  - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 4)            Application of Bosselman, Inc. dba Pump & Pantry
               #9 for a Class D liquor license at 345 West O
               Street. (ADOPTED FOR APPROVAL, 7-0;A-85529)

 5)            Manager application of Tana R. Witte for
               Bosselman, Inc. dba Pump & Pantry at 345 West O
               Street. (ADOPTED FOR APPROVAL, 7-0; A-85530)
     

PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)

     NONE


PUBLIC HEARING - RESOLUTIONS

 6)  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.
               (ADOPTED, 7-0;A-85531)
               Fact Sheet (37K)
               Attachment (143K)

 7)  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.
               (ADOPTED, 7-0; A-85532)
               Fact Sheet (40K)
               Attachment (3450K)

                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 8 THRU 11 HAD 1ST READING)

 8)  09-133    Approving an Amendment to the Lease Agreement
               between Lincoln Medical Education Partnership
               and the City of Lincoln for an increase from 200
               sq. ft. to 511 sq. ft. of leased space for the
               Lincoln-Lancaster County Health Department WIC
               Program at 4600 Valley Road.
               Fact Sheet (38K)
               Attachment (35K)

 9)  09-134    Change of Zone 09021 - Amending Chapter 27.81 of
               the Lincoln Municipal Code relating to General
               Provisions of the Zoning Code by adding a new
               section numbered 27.81.021 to provide a
               procedure for appeals of administrative
               approvals by the Planning Director, and by
               adding a new section numbered 27.81.022  to
               provide the manner for giving notice of the
               Planning Director's grant of administrative
               approvals.
               Fact Sheet (17K)

10)  09-135    Change of Zone 2463D - Application of The 3
               Amigos Properties, LLC, to amend the Highpointe
               Planned Unit Development to allow a changeable
               copy freestanding sign to be located in the
               commercial component of the development adjacent
               to Old Cheney Road, on property generally
               located southwest of S. 48th Street and Old
               Cheney Road.
               Fact Sheet (234K)

11)  09-136    Approving a lease agreement between the City and
               the Panama Caf‚ for the lease of space by the
               Lincoln Area Agency on Aging for its ActivAge
               Center Program at 310 Locust Street, Panama,
               Nebraska from September 1, 2009 to August 31,
               2010.
               Fact Sheet (42K)
               Attachment (59K)


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

12)  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. (PASSED, 7-0; #19311)
               Fact Sheet (18K)

13)  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.(PASSED, 7-0; #19312)
               Fact Sheet (238K)

14)  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.(PASSED, 7-0; #19313)
               Fact Sheet (39K)
               Attachment (56K)

15)  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.(PASSED, 7-0; #19314)
               Fact Sheet (61K)
               Attachment (93K)

16)  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.
               (ACTION DELAYED TO 10/12/09, 7-0)
               Fact Sheet (18K)
               Attachment (362K)
               Motion To Amend 1 (6K)

17)  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)(PASSED, 7-0; #19315)
               Fact Sheet (635K)
               Attachment (274K)

18)  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)(PASSED,
                7-0; #19316)
               Fact Sheet (818K)


PENDING LIST - DATE CERTAIN

19)            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; SEE ITEMS 25, 28)

20)  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)

21)  07-73     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)

22)  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)

23)  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)

24)  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)

25)  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)
               (9/28/09 - Placed on Pending, No Date Certain w/
               P.H. when removed from Pending)(REMOVED FROM PENDING
               TO HAVE PUBLIC HEARING & ACTION IN TWO WEEKS ON
               10/19/09, 5-2; CAMP, EMERY, HORNUNG, SNYDER, SPATZ
               ASSENTING; CARROLL & COOK DISSENTING.)
               Fact Sheet (1872K)
               Attachment (818K)

26)  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) (9/28/09 - Placed
               on Pending, No Date Certain)
               Fact Sheet (134K)
               Attachment (9K)

27)  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) (9/28/09 -
               Placed on Pending, No Date Certain)
               Fact Sheet (134K)
               Attachment (9K)

28)  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)(9/28/09 - Placed on
               Pending, No Date Certain)(REMOVED FROM PENDING
               FOR ACTION ON 10/12/09, 7-0.)
               Fact Sheet (136K)
               Motion To Amend 1 (52K)
               Motion To Amend 2 (51K)

29)  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) (9/28/09 - Placed on Pending, No Date
               Certain)
               Fact Sheet (135K)            
	       Motion To Amend 1 (14K)

30)  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) (9/28/09 - Placed on
               Pending, No Date Certain)
               Fact Sheet (134K)
               Attachment (138K)
               Motion To Amend 1 (158K)
               Motion To Amend 2 (378K)
               Motion To Amend 3 (559K)


   WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
   PUBLIC HEARING ON MONDAY, OCTOBER 12, 2009, AT 3:00 P.M.
							(APPROVED, 7-0)
			
31)  09R-177   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of September 16-
               30, 2009.
               Fact Sheet (14K)
               Attachment (21K)

32)  09R-178   Assessing Public Health Nuisance Abatement costs
               associated with the clearing of public nuisances
               by the Health Department to the following
               benefitted properties:  2518 P St.,1416 N. 21st
               St., 2335 S. 39th St., 835 Peach St., 837 South
               St., 2910 T St., 3090 T St., 1334 N. 20th St.,
               844 Peach St., 4901 Normal Blvd., 1411 N. 24th
               St., 1425 N. 24th St., 2744 Starr St., 913 Rose
               St., 5118 Knox St., 1434 N. 27th St., 2026 Lake
               St., 1944 L St., 1645 Washington St., 405 S.
               26th St., 417 S. 26th St., 1629 Prospect St.,
               4321 Greenwood St., 6501 Franklin St., 425 N.
               28th St., 4011 N. 60th St., 3203 Orchard St.,
               1645 Washington St., 1130 N. 29th St., 1200 S.
               16th St., 2400 N St., 1834 Prospect St., 2024 S.
               18th St., 540 N. 28th St., 309 S. 25th St., 1105
               N. 25th St., 6935 Colfax Ave., 336 N. 32nd St.,
               830 N. 25th St., 2525 Cleveland St., 826 S. 31st
               St., 540 N. 48th St., 2327 D St., 6927
               Aylesworth St., 344 N. 27th St.
               Fact Sheet (52K)
               Attachment (2546K)


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 OCTOBER ARE THE
     12TH AND THE 26TH.


ADJOURNMENT  3:20 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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