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Formal Agenda


    ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
            MONDAY, OCTOBER 12, 2009 AT 3:00 P.M.

                     ALL MEMBERS PRESENT


 MAYOR'S AWARD OF EXCELLENCE MAYOR'S AWARD OF EXCELLENCE 
PRESENTED TO A TEAM FROM PARKS & RECREATION FORESTRY DIVISION: 
ARBORISTS DENNIS GARTNER, JEFFREY GRUBER, ALLEN KEEN, JOSEPH PETT,
AND ANDREW WALKER FOR THE CATEGORIES OF CUSTOMER RELATIONS,
LOSS PREVENTION, PRODUCTIVITY AND SAFETY.

  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)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on September 28, 2009. (PLACED ON FILE)

 2)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               Idle Funds during the month ended August 31,
               2009. (ADOPTED, 7-0; A-85533)

 3)            Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for September 2009. 
               (PLACED ON FILE)

 4)            Report from City Treasurer of Franchise tax for
               the month of August 2009: Black Hills/Nebraska
               Gas Utility Company, LLC. (PLACED ON FILE)

 5)            Report from City Treasurer of E911 Surcharge for
               the month of July 2009: Charter Fiberlink -
               Nebraska, LLC; August 2009: iNetworks Group,
               Vonage America, Vonage America, Budget Prepay,
               Granite Telecomm., 8x8, 8x8, Qwest Comm., AT&T
               Comm. of Midwest, Level 3, Level 3, TWC Digital
               Phone, AT&T Comm. of Midwest, Comtel Telcom
               Assets, ACN Comm. (PLACED ON FILE)

 6)            Report from City Treasurer of Telecommunications
               Occupation Tax for the month of July 2009: USCOC
               of Greater Iowa, TWC Digital Phone, Virgin
               Mobile USA, AT&T Comm. of Midwest, Qwest, New
               Cingular Wireless, Windstream Nebraska, Verizon
               Wireless, Omaha Cellular, Nebraska Technology &
               Telecomm., IBFA Acquisition, Norstan Network,
               Cellco Partnership, Sioux City MSA, KDDI
               America, Trans National, inContact, IBM Global,
               Quantum Shift, CIMCO, TON. Telecorp, McLeodUSA,
               Working Assets, OnStar, Broadband Dynamics, XO
               Comm., Granite, Primus, ACN, Global Crossing,
               USCOC of NE/KS, Globalstar USA, VoiceCom, TCG
               Omaha, Intellicall Operator, New Edge Networks,
               Broadwing, Cincinnati Bell Any Distance, CTI,
               TracFone Wireless; August 2009: Unite Private
               Networks, D&D, Alltel, Alltell Comm. of NE,
               Unite Private Networks, Windstream NE, Sprint
               Spectrum, Nextel, Sprint, Circket, MCI, Network
               Billing, i-wireless, Nextel West, Viaero, SBC
               Long Distance, BT Americas, Tri-M, Enhanced
               Comm., Yestel USA, Total Holdings, Zone, NOSVA,
               Lightyear Network, Globalcom, First Comm.,
               360networks (USA), Covista, ATS Mobile,
               Wholesale Carrier. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 7)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
               DEPARTMENT:
               Change of Zone 09025 - Application of
               Engineering Design Consultants from R-5 to H-4
               on property generally located at S.
               33rd Street and Yankee Hill Road.
               Special Permit 07015A - Application of Sue
               Brouse, Don Brouse, and Thomas Folsom  for an
               amendment to the Tamarin Ridge Planned Service
               Commercial to allow a 22,000 sq. ft. auto dealer
               or other H-4 permitted use on Lot 5 and updating
               the hotel sq. ft. and parking requirements on
               property generally located at S. 27th
               Street and Tamarin Ridge Road.
               Special Permit 09022 - Application of
               Engineering Design Consultants for a special
               permit for Wilderness Place Planned Service
               Commercial to allow a 50,000 sq. ft. auto dealer
               on property generally located at S.
               33rd Street and Yankee Hill Road.
     
 8)            Setting the Hearing Date of Monday, October 19,
               2009 at 3:00 p.m. for the Application of
               Whitehead Oil Company dba U-Stop Convenience
               Shop for a Class D liquor license located at
               2140 K Street, Suite 100. (ADOPTED, 7-0; A-85534)

 9)            Setting the Hearing Date of Monday, November 2,
               2009 at 3:00 p.m. for the Application of Gokie
               Petroleum, Inc. dba Fast Mart for a Class D
               liquor license located at 3293 A Street.
               (ADOPTED, 7-0; A-85535)

10)            Setting the Hearing Date of Monday, November 2,
               2009 at 3:00 p.m. for the Application of Strong
               Island Enterprise, Inc. dba Bricktop for a Class
               C liquor license located at 1427 O Street.
               (ADOPTED, 7-0; A-85536)

11)            Setting the Hearing Date of Monday, November 2,
               2009 at 3:00 p.m. for the Application of Stop 'N
               Shop, Inc. dba Stop 'N Shop #7 for a Class D
               liquor license located at 5640 S. 16th Street.
               (ADOPTED, 7-0; A-85537)


12)  MISCELLANEOUS REFERRALS

                  - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

13)            Application of UR Rockin Inc. dba Uncle Ron's
               for the addition of an area measuring
               approximately 59 feet by 42 feet to the southeast and
               an outdoor beer garden area measuring
               36 feet by 20 feet to the east of the
               licensed premises at 2137 Cornhusker Highway.
               (ADOPTED FOR APPROVAL, 7-0; A-85538)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 14 THRU 17 HAD 2ND READING)

 14) 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)

 15) 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)

16   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)

17   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)


PUBLIC HEARING - RESOLUTIONS

18)  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.(ADOPTED, 7-0; A-85539)
               Fact Sheet (14K)
               Attachment (21K)

19)  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. (ADOPTED, 7-0;
               A-85540)
               Fact Sheet (52K)
               Attachment (2546K)

                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEM 20 HAD 1ST READING)

20)  09-137    Declaring two parcels of City owned property,
               commonly known as 4802 O Street and 4850 O
               Street as surplus and authorizing the sale
               thereof to Sup Family II, LLC.
               Fact Sheet (37K)
               Attachment (601K)


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

21)  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 Nos. 1 and No.
               2.(10/5/09 - Action Delayed to 10/12/09)
                (ACTION DELAYED ONE WEEK TO 10/19/09, 7-0)
               Fact Sheet (18K)
               Attachment (362K)
               Motion To Amend 1 (6K)
           
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)(9/28/09 - Placed on
               Pending, No Date Certain) (10/5/09 - Removed
               from Pending for Action 10/12/09)(MTA #2 ADOPTED,
               7-0; PASSED AS AMENDED, 7-0; #19317)
               Fact Sheet (136K)
               Motion To Amend 1 (52K)
               Motion To Amend 2 (51K)


PENDING LIST - DATE CERTAIN

23)  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) (10/5/09
               - To have P.H. & Action on 10/19/09)
               Fact Sheet (1872K)
               Attachment (818K)

24)            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)

25)  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)

26)  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)

27)  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)

28)  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)

29)  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)
 
30)  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)

31)  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)

32)  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)

33)  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 19, 2009, AT 3:00 P.M.
						(APPROVED, 7-0)

34)  09R-179   Approving the appointment of Rodney M. Confer as
               the City Attorney for a two year term effective
               November 1, 2009.

35)  09R-180   Approving the designation of the public
               employees to be in Responsible Charge for pre-
               construction and construction phases for Federal
               aid transportation projects for the Nebraska
               Department of Roads.
               Fact Sheet (17K)

36)  09R-181   Approving and accepting the award of a
               continuation grant fund for the Lincoln-
               Lancaster County Health Department in the amount
               of $45,000.00 for Assessing the Walkable
               Environment through Resident Participation for
               the period from October 1, 2009 through June 30,
               2011.
               Fact Sheet (43K)
               Attachment (446K)

37)  09R-182   Approving a multi-year contract with Waste
               Connections of Nebraska for waste hauling
               services to all City departments for a two-year
               term with a two-year option for renewal.
               Fact Sheet (49K)
               Attachment (2241K)

     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	4:08 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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