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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, NOVEMBER 16, 2009 AT 3:00 P.M.

                            ALL MEMBERS PRESENT

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

          MAYOR'S AWARD OF EXCELLENCE - POSTPONED TO A LATER DATE

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)            Resolution levying the special taxes assessed for
               the costs of the improvements in the Downtown
               Business Improvement District, the Downtown
               Maintenance District and the Core Business
               Improvement District Overlay, as approved by the
               Board of Equalization on Monday, November 9, 2009.
               (ADOPTED, 7-0; A-85586)

 2)            Setting the public hearing date of Monday,
               December 7, 2009, at 3:00 p.m. for the assessment
               of the cost of weed removal incurred for the
               period of January 1, 2009 through December 31,
               2009.  (APPROVED)

 3)            Administrative Amendment No. 09068 to
               Administrative Special Permit No. 04001 approved
               by the Planning Director on November 5, 2009, 
               requested by Verizon Wireless to replace six
               existing antenna panels with larger panels and to
               increase the number of antenna panels from six to
               nine of the larger panels on property generally
               located at Centennial Hall, Wesleyan Campus, North
               50th Street and St. Paul Avenue. (PLACED ON FILE)  

 4)            Administrative Amendment No. 09069 to Special
               Permit No. 1853, approved by the Planning Director
               on November 5, 2009, requested by Verizon Wireless
               to replace six existing antenna panels with wider
               panels and to increase the number of antenna
               panels from six to nine of the wider panels on
               property generally located at South 48th Street
               and Randolph Street. (PLACED ON FILE)

 5)            Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for the month of October,
               2009. (PLACED ON FILE)

 6)            Report from the City Treasurer of franchise tax
               for the 3rd Quarter ending September 30, 2009 from
               Time Warner Cable. (PLACED ON FILE)

 7)            Report from City Treasurer of franchise tax for
               the month of September, 2009 from Black
               Hills/Nebraska Gas Utility Co., LLC. 
               (PLACED ON FILE)

 8)            Report from City Treasurer of E911 surcharge for
               3rd Quarter 2009:  ACN Communication Services; 
               August 2009:  Charter Fiberlink - Nebraska, LLC, 
               iNetworks Group, Inc.; September 2009:  8x8, Inc., 
               ACN Communication Services, AT&T Communications of
               Midwest, Budget Prepay, Comtel Telcom Assets,
               Granite Telecommunications, Level 3 Communications, 
               Qwest Communications Company, TWC Digital Phone LLC, 
               Vonage America. (PLACED ON FILE)

 9)            Report from City Treasurer of Telecommunications
               Occupation Tax for Sept./Dec. 2008: Shaffer
               Communications; Mar./June/Sept. 2009: Shaffer 
               Communications; 3rd Quarter 2009: AmeriVision 
               Communications, Comtech 21, Digizip.com, Inc., 
               iNetworks Group, NECC Telecom, Orbitcom, T-Mobile 
               Central, Telenational Communications; 
               August 2009: ACN Communications Services, 
               Arizona Telephony, AT&T Communications of Midwest, 
               Broadwing Comm., Business Telecom, Cellco Partnership, 
               CIMCO Comm., Cincinnati Bell Any Distance, CTI Long 
               Distance, Farm Bureau Connection, Global Crossing,
               Globalstar USA, Granite, IBM Global, Intellicall
               Operator Services, KDDI America, McLeodUSA,
               Nebraska Technology & Telecomm., New Cingular
               Wireless, New Edge Networks, Norstan Network
               Services, NOS Comm., Omaha Cellular, OnStar,
               Primus, Public Communications Services, Quantum
               Shift, Qwest Comm., Sioux City MSA, TCG Omaha,
               Telecorp Comm., TON Services, TracFone Wireless,
               Trans National, TWC Digital Phone, UCN, USCOC of
               Greater Iowa, USCOC of Nebraska/Kansas, Verizon
               Wireless, Virgin Mobile USA, VoiceCom, Working
               Assets Funding Service, XO Communication Services;
               September 2009:  Alltel Communications of
               Nebraska, ATS Mobile Telephone, BT Americas, Cause
               Based, Covista, Cricket Communications, D&D Comm.,
               Enhanced Comm. Group, Enhanced Comm. Network,
               First Communications, Globalcom, i-wireless,
               Lightyear Network Solutions, MCI Communications
               Services, Nextel West Corp., NOS Comm., NOSVA,
               NPCR, Inc., Opex, PNG, SBC Long Distance, Sprint
               Spectrum, Telecom Management, 360networks, Total
               Holdings, Tri-M Comm., Viaero Wireless, Wholesale
               Carrier Services, WWC License, Yestel USA, Zone
               Telecom, Inc. (PLACED ON FILE)

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


PETITIONS & COMMUNICATIONS

11)            Setting the hearing date of Monday, December 7,
               2009 at 3:00 p.m. for the Application of Lincoln
               Bison, LLC dba Courtside Banquet Hall for a Class
               I liquor license located at 710 Hill Street.
               (ADOPTED, 7-0; A-85587)

12)            Setting the hearing date of Monday, December 7,
               2009 at 3:00 p.m. for the Application of Las
               Golondrinas, Inc. dba Mazatlan II Mexican
               Restaurant for a Class I liquor license located at
               2711 King Lane, Suite 201. (ADOPTED, 7-0; 
               A-85588)


13)  MISCELLANEOUS REFERRALS - NONE

                         - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

14)            Application of Hong's Inc. IV dba China Buffet for
               a Class I liquor license at 120 North 66th Street.
               (ADOPTED FOR APPROVAL, 7-0; A-85589)

15)            Manager application of Hong Zheng for Hong's Inc.
               IV dba China Buffet at 120 North 66th Street.
               (ADOPTED FOR APPROVAL, 7-0; A-85590)

16)            Application of The Grove Bldg., Inc. dba The Grove
               for a Class C liquor license at 340 West
               Cornhusker Highway. (ADOPTED FOR APPROVAL, 
               7-0; A-85591)

17)            Manager application of Tommy Jelsma for The Grove
               Bldg., Inc. dba The Grove at 340 West Cornhusker
               Highway. (ADOPTED FOR APPROVAL, 7-0; A-85592)

18)            Application of Speakeasy Management Group, LLC dba
               Speakeasy for a Class C liquor license at 3233 1/2
               South 13th Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-85593)

19)            Manager application of Benjamin J. Zoz for
               Speakeasy Management Group, LLC dba Speakeasy at
               3233 1/2 South 13th Street. (ADOPTED FOR 
               APPROVAL, 7-0; A-85594)

20)            Application of MMG Nebraska F & B Inc. dba Chili's
               Grill & Bar for a Class I liquor license at 6730
               South 27th Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-85595)

21)            Manager application of Julianne E. Adams for MMG
               Nebraska F&B Inc. dba Chili's Grill & Bar at 6730
               South 27th Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-85596)


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

     NONE


PUBLIC HEARING - RESOLUTIONS

22)  09R-205   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of October16 - 31,
               2009. (ADOPTED, 7-0; A-85597)
               Fact Sheet (14K)
               Attachment (20K)

23)  09R-206   Approving and ratifying an Interlocal Agreement
               between the City of Lincoln and County of
               Lancaster for the Health Department to provide
               medical services to the Youth Services Center for
               the period of July 1, 2009 through June 30, 2010.
               (ADOPTED, 7-0; A-85598)
               Fact Sheet (36K)
               Attachment (369K)

                         - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 24 
& 25 HAD 1ST READING)

24)  09-149    Amending Section 9.16.250 of the Lincoln Municipal
               Code relating to Residency Restrictions for Sexual
               Predators to amend the definition of sexual
               predator to conform with state statute and to
               establish an effective date of January 1, 2010.
               Fact Sheet (19K)

25)  09-150    Approving a Lease Agreement between the Airport
               Authority of the City of Lincoln and the Lincoln-
               Lancaster County Health Department for the lease
               of storage space by the Health Department at
               Building 2714 in Lincoln Air Park West for a one-
               year period from December 1, 2009 through November
               30, 2010.
               Fact Sheet (36K)
               Attachment (173K)


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

26)  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. (PASSED, 7-0; #19331)
               Fact Sheet (349K)

27)  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. 
               (MTA #1 ADOPTED, 7-0; PASSED AS AMENDED, 7-0; 
               #19332)
               Fact Sheet (19K)

28)  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. (MTA #1 ADOPTED, 7-0; MTA #2 ADOPTED, 
               PASSED AS AMENDED, 7-0; #19333)
               Fact Sheet (71K)
               Motion To Amend (6K)

29)  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) (11/2/09 - Action Delayed 
               to 11/9/09) (11/9/09 - Action Delayed 
               to 11/16/09) (ACTION DELAYED FOR TWO WKS. 
               TO 11/30/09, 7-0)
               Fact Sheet (18K)
               Attachment (362K)
               Motion To Amend 1 (6K)


RESOLUTIONS - ACTION ONLY

30)   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) (11/2/09 - To have
               Action on 11/16/09) (MTA #1, 7-0; ADOPTED 
               AS AMENDED, 7-0; A-85599)
               Fact Sheet (43K)
               Attachment (203K)
               Attachment 2 (387K)

31)  09R-199   Adopting the Lincoln Electric System Annual Budget
               for 2010, to become effective January 1, 2010.
               (Action Date: 11/16/09) (ADOPTED, 7-0; A-85600)
               Fact Sheet (42K)
               Attachment (407K)


PENDING LIST - DATE CERTAIN

32)            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)

33)  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)

34)  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)

35)  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)

36)  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)

37)  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)

38)  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)

39)  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)

40)  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)

41)  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 30, 2009, AT 5:30 P.M.
                                                 (APPROVED, 7-0)

42)  09R-207   Appointing Gerard R. Finnegan Jr. to the Police
               and Fire Pension Plan Investment Board to complete
               the original appointment term expiring September
               1, 2011.
               Attachment (30K)

43)  09R-209   Special Permit 09023 - Application of Natasha
               Olsen for an early childhood care facility for up
               to 10 children in a dwelling not used as the
               residence of the licensed care provider, with a
               request to modify the parking requirements to
               allow required parking in the front yard on a
               driveway, on property generally located at 2685
               West Peach Street.
               Fact Sheet (212K)


     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    3:35 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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