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Formal Agenda


            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                  MONDAY, OCTOBER 19, 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

                            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 October 5, 2009. (PLACED ON FILE)

 2)  09R-179   Approving the appointment of Rodney M. Confer as
               the City Attorney for a two year term effective
               November 1, 2009.  (ADOPTED, 7-0; A-85541)

 3)            Setting the hearing date of Monday, November 9,
               2009, at 3:00 p.m. for the Board of Equalization
               for Downtown Business Improvement District, Core
               Business Improvement District Overlay & Downtown
               Maintenance District.  (APPROVED, 7-0)


PETITIONS & COMMUNICATIONS

 4)            Informal Paving Petition for paving of Lewis
               Avenue north of Adams Street to Knox Street
               submitted by Eugene Hinkle. (REFERRED TO PUBLIC WORKS)


 5)  MISCELLANEOUS REFERRALS - NONE

                        - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 6)            Application of Whitehead Oil Company dba U-Stop
               #25 for a Class D liquor license at 2140 K
               Street, Suite 100.  (ADOPTED FOR APPROVAL, 7-0; 
               A-85542)

 7)            Manager application of Brian J. Makovicka for
               Whitehead Oil Company dba U-Stop #25 at 2140 K
               Street, Suite 100.  (ADOPTED FOR APPROVAL, 7-0; 
               A-85543)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEM 8 
HAD 2ND READING)

 8)  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)


PUBLIC HEARING - RESOLUTIONS

 9)  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. (ADOPTED, 7-0; A-85544)
               Fact Sheet (17K)

10)  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.  (ADOPTED, 7-0; A-85545)
               Fact Sheet (43K)
               Attachment (446K)

11)  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.
               (ADOPTED, 7-0; A-85546)
               Fact Sheet (49K)
               Attachment (2455K)

12)  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)
               (MTA #1 ADOPTED, ADOPTED AS AMENDED; A-85547)
               Fact Sheet (1872K)
               Attachment (818K)

                        - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 13 
THRU 16 HAD 1ST READING)

13)  09-138    Change of Zone 09023 - 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.
               Fact Sheet (14K)

14)  09-139    Vacation 09005 - Vacating the entire east-west
               alley between North 41st Street and North 42nd
               Street, north of Y Street.
               Fact Sheet (215K)

15)  09-141    Change of Zone 09026 - 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.
               Fact Sheet (40K)

16)  09-140    Approving a lease agreement between the City and
               the Asian Community & Cultural Center for the
               lease of space by the Lincoln Area Agency on
               Aging for its ActivAge Center Program at 2615 O
               Street, Lincoln, Nebraska from September 1, 2009
               to August 31, 2010. 
               Fact Sheet (46K)
               Attachment (58K)


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

17)  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. (PASSED, 7-0; #19318)
               Fact Sheet (38K)
               Attachment (35K)

18)  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. (PASSED, 7-0; #19319)
               Fact Sheet (17K)

19)  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.  (PASSED, 7-0; #19320)
               Fact Sheet (234K)

20)  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.  (PASSED, 7-0; #19321)
               Fact Sheet (42K)
               Attachment (59K)

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)
               (10/12/09 - Action Delayed to 10/19/09)
               (ACTION DELAYED 1 WK. TO 10/26/09)
               Fact Sheet (18K)
               Attachment (362K)
               Motion To Amend 1 (6K)


PENDING LIST - DATE CERTAIN

22)            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)

23)  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)

24)  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)

25)  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)

26)  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)

27)  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)

28)  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)

29)  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)

30)  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)

31)  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 26, 2009, AT 5:30 P.M.
                                                   (APPROVED, 7-0)

32)  09R-183   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of October 1 -
               15, 2009.
               Fact Sheet (14K)
               Attachment (21K)

33)  09R-184   Approving an Interlocal Agreement between the
               City of Lincoln and Lancaster County to provide
               for the street widening for left turn lanes on
               Van Dorn Street at South 91st Street and on
               Pioneers Blvd. at Thorn Court, including the
               acquisition  of right-of-way and the
               establishment of maintenance responsibilities.
               Fact Sheet (25K)
               Attachment (622K)

34)  09R-185   Appointing Gerald R. Finnegan Jr. to the City
               Audit Advisory Board for a term expiring March
               1, 2011.
               Attachment (35K)

35)  09R-186   Appointing Douglas Ganz and Jane Raybould to the
               Community Health Endowment Board of Trustees for
               three-year terms expiring on September 1, 2012.
               Attachment (71K)

36)  09R-187   Reappointing Alison Larson to the Community
               Health Endowment Board of Trustees for a three-
               year term expiring September 1, 2012.

37)  09R-188   Reappointing Jan Gauger to the Lincoln Housing
               Authority Board for a five-year term expiring
               July 1, 2014.

38)  09R-189   Reappointing Modesta Putla and Martin Ramirez to
               the Mayor's Multicultural Advisory Committee for
               three-year terms expiring September 18, 2012.

39)  09R-190   Appointing Lynn O. Sunderman to the Board of
               Zoning Appeals for a term expiring February 1,
               2011.
               Attachment (33K)


     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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