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Formal Agenda


           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                 MONDAY, OCTOBER 26, 2009 AT 5:30 P.M.

                         ALL MEMBERS PRESENT

      PRESENTATION BY YOUTH AFTER SCHOOL AMBASSADORS: CONSTANCE 
   CUSHMAN, HUNTINGTON 5TH GRADER, ASHLYN DREWS, RILEY 4TH GRADER 
    AND KATY HART, LUX MIDDLE SCHOOL 7TH GRADER, IN SUPPORT OF THE 
                   LIGHTS ON AFTER SCHOOL PROGRAM

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)            Affidavit of Mailing for the Board of
               Equalization for Downtown Business Improvement
               District, Core Business Improvement District
               Overlay & Downtown Maintenance District to be
               held on Monday, November 9, 2009 at 3:00 p.m.
               (PLACED ON FILE)

 2)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on October 12, 2009.  (PLACED ON FILE)

 3)  09R-185   Appointing Gerald R. Finnegan Jr. to the 
               City Audit Advisory Board for a term expiring 
               March 1, 2011.  (ADOPTED, 7-0; A-85548)
               Attachment (35K)

 4)  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.
               (ADOPTED, 7-0; A-85549)
               Attachment (71K)

 5)  09R-187   Reappointing Alison Larson to the Community
               Health Endowment Board of Trustees for a three-
               year term expiring September 1, 2012.
               (ADOPTED, 7-0; A-85550)

 6)  09R-188   Reappointing Jan Gauger to the Lincoln Housing
               Authority Board for a five-year term expiring
               July 1, 2014.  (ADOPTED, 7-0; A-85551)

 7)  09R-189   Reappointing Modesta Putla and Martin Ramirez to
               the Mayor's Multicultural Advisory Committee for
               three-year terms expiring September 18, 2012.
               (ADOPTED, 7-0; A-85552)

 8)  09R-190   Appointing Lynn O. Sunderman to the Board of
               Zoning Appeals for a term expiring February 1,
               2011.  (ADOPTED, 7-0; A-85553)
               Attachment (33K)


PETITIONS & COMMUNICATIONS

 9)            THE FOLLOWING HAVE BEEN REFERRED TO THE 
               PLANNING DEPARTMENT:
               Special Permit No. 804K - App. of Husker
               Exteriors for an amendment to adjust a setback
               in the Silver Ridge Condominiums in the Taylor
               Park Community Unit Plan to allow for the
               enclosure of a sunroom on property generally
               located at Teton Drive and Silver Ridge Road.
               Special Permit No. 09023 - App. of
               Natasha Olsen for an early childhood care
               facility on property generally located at SW
               27th Street and West A Street.

10)            Setting the hearing date of Monday, November 9,
               2009 at 3:00 p.m. for the application of James
               Harmon dba Cheapest Damn Cigarettes for an
               upgrade to a Class D liquor license at 4821
               Cornhusker Hwy.  (ADOPTED, 7-0; A-85554)

11)            Setting the hearing date of Monday, November 9,
               2009 at 3:00 p.m. for the application of Old
               Federal Place, LLC dba The Grand Manse for an
               upgrade to a Class CK liquor license with the
               addition of Unit 113 at 129 N. 10th Street.
               (ADOPTED, 7-0; A-85555)


12)  MISCELLANEOUS REFERRALS - NONE

                       - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 13 
THRU 16 HAD 2ND 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)


PUBLIC HEARING - RESOLUTIONS

17)  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. (ADOPTED, 7-0; A-85556)
               Fact Sheet (14K)
               Attachment (21K)

18)  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.
               (ADOPTED, 7-0; A-85557)
               Fact Sheet (25K)
               Attachment (622K)

                       - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 19 
THRU 22 HAD 1ST READING)

19)  09-142    Amending the pay schedules for certain employee
               groups assigned to the pay range which is
               prefixed by the letter M by changing the title
               of Deputy Fire Chief to Battalion Chief, by
               changing the title of Deputy Fire Chief of
               Training to Division Chief of Training and by
               changing the title of and revising the
               classification of Deputy Fire Chief of
               Maintenance to Division Chief of Maintenance.
               Fact Sheet (158K)

20)  09-143    Amending the pay schedules for certain employee
               groups assigned to the pay range which is
               prefixed by the letter C by changing the pay
               range for the job classification of Urban Search
               and Rescue Specialist.
               Fact Sheet (160K)

21)  09-144    Amending the pay schedules for certain employee
               groups assigned to the pay ranges which are
               prefixed by the letters N and C by changing the
               title and pay range for the job classification
               of Radio System Lead Technician (N20) to Radio
               System Specialist (C27) and by changing the
               title and pay range for the job classification
               of Radio System Lead Technician (N21) to Radio
               System Lead Specialist (C28). 
               Fact Sheet (164K)

22)  09-145    Change of Zone HP 09020 - Amending Ordinance No.
               19305, passed by the City Council on September
               14, 2009, to accept a corrected Exhibit "A",
               Guidelines for Preservation for Rickets Mansion,
               attached to the ordinance.
               Fact Sheet (18K)
               Attachment (363K)


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

23)  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.  (PASSED, 7-0; 
               #19322)
               Fact Sheet (37K)
               Attachment (601K)

24)  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)
               (10/19/09 - Action Delayed to 10/26/09)
               (DELAYED ACTION FOR ONE WK. TO 11/02/09, 7-0)
               Fact Sheet (18K)
               Attachment (362K)
               Motion To Amend 1 (6K)


PENDING LIST - DATE CERTAIN

25)            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)

26)  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)

27)  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)

28)  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)

29)  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)

30)  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)

31)  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)

32)  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)

33)  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)

34)  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, NOVEMBER 2, 2009, AT 3:00 P.M.
                                        (APPROVED, 6-0; CARROLL ABSENT)

35)  09R-191   Reappointing Robert Smith and Larry Anderson to
               the Community Forestry Advisory Board for three-
               year terms expiring August 17, 2012.

36)  09R-192   Reappointing Art Zygielbaum, Laurie Thomas Lee
               and Mary Herres to the Cable Advisory Board for
               three-year terms expiring July 1, 2012.

37)  09R-193   Appointing Rebecca Garrett-Ferguson to the
               Police and Fire Pension Plan Investment Board
               for a term expiring September 1, 2014.
               Attachment (35K)

38)  09R-194   Reappointing Debra Daily to the Keno 
               Advisory Board for a three-year term expiring 
               July 1, 2012.

39)  09R-195   Comp. Plan Conformity 09010 - Approving
               amendments to the Lincoln Center Redevelopment
               Plan to add the "Haymarket Hotel and Tool House
               Redevelopment Project Area" to include
               redevelopment of two existing buildings, an
               addition to the existing buildings and
               construction of a new building that together
               will house hotel, residential and other
               commercial uses, on property generally bounded
               by 8th, 9th, Q and R Streets.
               Fact Sheet (3648K)
               Attachment (961K)

40)  09R-196   Authorizing the acceptance of a Tour de Lincoln
               bicycle sculpture in memory of Greg Dunbar for
               inclusion in the City's public art collection
               and for display on public property near the
               Teachers Fountain at 27th and Capitol Parkway.
               Fact Sheet (44K)

41)  09R-197   Approving the use of public right-of-way by
               University of Nebraska-Lincoln to place two
               conduits in Vine Street to provide telephone and
               fiber optic service to a new UNL parking
               structure at 19th and Vine Streets.
               Fact Sheet (434K)
               Memo (6K)

42)  09R-198   Adopting the Lincoln Electric System Rate
               Schedule, Service Regulations, and Cost Analysis
               Summary providing for a system average increase
               of 2.9 percent, to be effective January 1, 2010.
               Fact Sheet (43K)
               Attachment (203K)
               Attachment 2 (387K)

43)  09R-199   Adopting the Lincoln Electric System Annual
               Budget for 2010, to become effective January 1,
               2010.
               Fact Sheet (42K)
               Attachment (407K)


    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   6:21 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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