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Formal Agenda


            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, NOVEMBER 2, 2009 AT 3:00 P.M.

                          ALL MEMBERS PRESENT

            THERE WILL BE NO MEETING THE WEEK OF NOVEMBER 23RD
                            DUE TO HOLIDAY

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 19, 2009. (PLACED ON FILE)

 2)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on October 26, 2009. (PLACED ON FILE)

 3)  09R-191   Reappointing Robert Smith and Larry Anderson to
               the Community Forestry Advisory Board for three-
               year terms expiring August 17, 2012. 
               (ADOPTED, 7-0; A-85558)

 4)  09R-192   Reappointing Art Zygielbaum, Laurie Thomas Lee
               and Mary Herres to the Cable Advisory Board for
               three-year terms expiring July 1, 2012. 
               (ADOPTED, 7-0; A-85559)

 5)  09R-193   Appointing Rebecca Garrett-Ferguson to the
               Police and Fire Pension Plan Investment Board
               for a term expiring September 1, 2014. 
               (WITHDRAWN, 7-0; #38-4597)

 6)  09R-194   Reappointing Debra Daily to the Keno Advisory
               Board for a three-year term expiring July 1,
               2012. (ADOPTED, 7-0; A-85560)

 7)            Approving the Assessment Resolution for Downtown
               Business Improvement District for Board 
               of Equalization, Monday, November 9, 2009 at 
               3:00 p.m. (ADOPTED, 7-0; A-85561)

 8)            Approving the Assessment Resolution for Downtown
               Maintenance Improvement District for Board of
               Equalization, Monday, November 9, 2009 at 
               3:00 p.m. (ADOPTED, 7-0; A-85562)

 9)            Approving the Assessment Resolution for Downtown
               Core Business Improvement District for Board of
               Equalization, Monday, November 9, 2009 at 
               3:00 p.m. (ADOPTED, 7-0; A-85563)


PETITIONS & COMMUNICATIONS

10)            Setting the hearing date of Monday, November 16,
               2009 at 3:00 p.m. for the Application of The
               Grove Bldg., Inc. dba The Grove for a Class C
               liquor license located at 340 West Cornhusker.
               (ADOPTED, 7-0; A-85564)

11)            Setting the hearing date of Monday, November 16,
               2009 at 3:00 p.m. for the Application of Hong's,
               Inc. IV dba China Buffet for a Class I liquor
               license located at 120 N. 66th Street.
               (ADOPTED, 7-0; A-85565)

12)            Setting the hearing date of Monday, November 16,
               2009 at 3:00 p.m. for the Application of
               Speakeasy Management Group, LLC dba Speakeasy
               for a Class C liquor license located at 3233 1/2
               S. 13th Street. (ADOPTED, 7-0; A-85566)

13)            Setting the hearing date of Monday, November 16,
               2009 at 3:00 p.m. for the Application of MMG
               Nebraska F & B, Inc. dba Chili's Grill & Bar for
               a Class I liquor license located at 6730 S. 27th
               Street. (ADOPTED, 7-0; A-85567)


14)  MISCELLANEOUS REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

15)            Application of Gokie Petroleum Inc. dba Fast
               Mart for a Class D liquor license at 3293 A
               Street. (ADOPTED FOR APPROVAL, 7-0; A-85568)

16)            Manager application of Terrance L. Gokie for
               Gokie Petroleum Inc. dba Fast Mart at 3293 A
               Street. (ADOPTED FOR APPROVAL, 7-0; A-85569)

17)            Application of Stop 'N Shop Inc. dba Stop 'N
               Shop #7 for a Class D liquor license at 5640
               South 16th Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-85570)

18)            Manager application of Jason K. Laessig for 
               Stop 'N Shop Inc. dba Stop 'N Shop #7 at 5640 
               South 16th Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-85571)

19)            Application of Strong Island Enterprise, Inc.
               dba Bricktop for a Class C liquor license at
               1427 O Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-85572)

20)            Manager application of David R. Marlborough for
               Strong Island Enterprise, Inc. dba Bricktop at
               1427 O Street. (ADOPTED FOR APPROVAL, 6-1; CAMP, 
               CARROLL, COOK, EMERY, SNYDER, SPATZ ASSENTING; 
               HORNUNG DISSENTING; A-85573)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 21 
THRU 24 HAD 2ND READING)

21)  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)

22)  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)

23)  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)

24)  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 Ricketts Mansion,
               attached to the ordinance.
               Fact Sheet (18K)
               Attachment (363K)


PUBLIC HEARING - RESOLUTIONS

25)  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. (ADOPTED, 6-0; 
               CARROLL, COOK, EMERY, HORNUNG, SNYDER, SPATZ 
               ASSENTING; CAMP ABSTAINING; A-85574)
               Fact Sheet (3648K)
               Attachment (961K)

26)  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.
               (ADOPTED, 7-0; A-85575)
               Fact Sheet (44K)

27)  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.
               (MTA #1 ADOPTED, 7-0; ADOPTED AS 
               AMENDED, 7-0; A-85576)
               Fact Sheet (12K)
               Attachment (677K)

28)  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.
               (Request Action on 11/16/09) (DELAYED 
               ACTION 1 WK. TO 11/16/09, 7-0)
               Fact Sheet (43K)
               Attachment (203K)
               Attachment 2 (387K)

29)  09R-199   Adopting the Lincoln Electric System Annual
               Budget for 2010, to become effective January 1,
               2010. (Action Date: 11/16/09) 
               Fact Sheet (42K)
               Attachment (407K)


                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 30 
THRU 32 HAD 1ST READING)

30)  09-146    Change of Zone 09025 - Application of Lincoln
               Federal Bancorp for a change of zone from R-5
               Residential District to H-4 General Commercial
               District on property generally located at the
               southeast corner of South 33rd Street and Yankee
               Hill Road.
               Fact Sheet (349K)

31)  09-147    Misc. 09009-1 - Amending Section 26.23.140 of
               the Lincoln Municipal Code to expand the
               exceptions to the requirement that every lot
               shall front upon and take access to a public
               street; and repealing Section 26.23.140 as
               hitherto existing.
               Fact Sheet (19K)

32)  09-148    Misc. 09009-2 - Amending Section 26.31.010 of
               the Lincoln Municipal Code relating to
               modification of requirements to grant the
               Planning Director authority to extend the time
               for installation of required subdivision
               improvements and to provide a procedure for
               appeals of such approvals by the Planning
               Director; and repealing Section 26.31.010 of the
               Lincoln Municipal Code as hitherto existing.
               Fact Sheet (71K)


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

33)  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. (PASSED, 7-0; #19323)
               Fact Sheet (14K)

34)  09-139    Vacation 09005 - Vacating the entire east-west
               alley between North 41st Street and North 42nd
               Street, north of Y Street. (PASSED, 7-0; #19324)
               Fact Sheet (215K)

35)  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.
               (PASSED, 7-0; #19325)
               Fact Sheet (40K)

36)  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. (PASSED, 7-0; #19326)
               Fact Sheet (46K)
               Attachment (58K)

37)  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)
               (10/26/09 - Action Delayed to 11/2/09)
               (DELAYED ACTION 1 WK. TO 11/9/09, 7-0)
               Fact Sheet (18K)
               Attachment (362K)
               Motion To Amend 1 (6K)


PENDING LIST - DATE CERTAIN

38)            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)

39)  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)

40)  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)

41)  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)

42)  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)

43)  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)

44)  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)

45)  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)

46)  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)

47)  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 9, 2009, AT 3:00 P.M.
                                                (APPROVED, 7-0)

48)  09R-200   Approving Sun Valley Bar & Grill as a keno
               satellite site at 300 West P Street.
               Fact Sheet (42K)

49)  09R-201   Accepting a Warranty Deed from Shoemaker's Truck
               Station, Inc. dedicating the property as street
               right-of-way for the extension of S.W. 48th
               Street south of West O Street to the southern
               boundary of the Shoemaker's property.
               Fact Sheet (45K)
               Attachment (59K)

50)  09R-202   Approving Amendment No. 2 to the Interlocal
               Agreement between the City and Nebraska Game &
               Parks Commission for operation of the archery
               range located within Helen Boosalis Park at 44th
               and Superior Streets.
               Fact Sheet (42K)
               Attachment (31K)

51)  09R-203   Approving a Service Agreement between the City
               of Lincoln and the School District of the City
               of Lincoln for use of LPS facilities by the
               Lincoln-Lancaster County Health Department to
               conduct emergency mass clinic operations. 
               Fact Sheet (38K)
               Attachment (181K)

52)  09R-204   Approving an Agreement between the City of
               Lincoln and the University of Nebraska-Lincoln,
               Dept. of Food Science and Technology, to provide
               online food handlers training programs for the
               Lincoln-Lancaster County Health Department for 
               a term of December 1, 2009 through November 30,
               2013.
               Fact Sheet (40K)
               Attachment (225K)


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 NOVEMBER ARE THE
     9TH AND THE 30TH.


ADJOURNMENT   5:26 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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