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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, NOVEMBER 30, 2009 AT 5:30 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)  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. (ADOPTED, 7-0; A-85601)
               Attachment (30K)

 2)            Clerk's Letter and Mayors Approval of Ordinances
               and Resolutions passed by City Council on
               November 9, 2009.  (PLACED ON FILE)

 3)            Clerk's Letter and Mayors Approval of Ordinances
               and Resolutions passed by City Council on
               November 16, 2009.  (PLACED ON FILE)

 4)            Approving the City of Lincoln's Investment
               Activity Report for the Fiscal Year 2008-2009.
               (ADOPTED, 7-0; A-85602)

 5)            Administrative Amendment 09072 to Special Permit
               1903, approved by the Planning Director on
               November 12, 2009, requested by the Diocese of
               Lincoln, to rescind Special Permit 1903
               originally approved to allow a wireless facility
               on property at 3700 Sheridan Blvd. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 6)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
               DEPARTMENT:
               Special Permit 09025 - Application of Jon
               Newcomer for expansion of a non-standard use
               into the front yard setback on property located
               at 2600 Rathbone Road.
               Special Permit 09026 - Application of
               BargNbarn LLC for an enclosed disassembly
               operation on property located at NW 27th Street
               and West Vine Street.
               Use Permit 117C - Application of ESP, Inc
               for an amendment to increase the square footage
               of the use permit to 53,000 sq. ft. on property
               located at S. 14th Street and Yankee Hill Road.

 7)            Setting the Hearing Date of Monday, December 14,
               2009 at 3:00 p.m. for Application of Nader's
               Inc. dba Billy's Restaurant for an addition of a
               sidewalk caf‚ approximately 14' x 17' located at
               1301 H Street. (ADOPTED, 7-0; A-85603)

 8)            Setting the Hearing Date of Monday, December 14,
               2009 at 3:00 p.m. for Application of Twisted
               Steele Inc. dba The Bar and Grill for a Class CK
               liquor license located at 803 Q Street.
               (ADOPTED, 7-0; A-85604)

 9)            Setting the Hearing Date of Monday, December 14,
               2009 at 3:00 p.m. for Application of Omaha
               Exposition & Racing, Inc. dba Lincoln Race
               Course for a Class CK liquor license located at
               1800 State Fair Park. (ADOPTED, 7-0; A-85605)


10)  MISCELLANEOUS REFERRALS - NONE

                         - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 11 & 
12 HAD 2ND READING)

11)  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)

12)  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)


PUBLIC HEARING - RESOLUTIONS

13)  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. (ADOPTED, 7-0; A-85606)
               Fact Sheet (212K)

                         - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEM 14 
HAD 1ST READING)

14)  09-151    Amending Chapter 5.56 of the Lincoln Municipal
               Code relating to Emergency Alarm Systems by
               amending Section 5.56.010 to add and revise
               definitions; amending Section 5.56.020 to make
               words and phrases consistent with the
               definitions; adding a new Section 5.56.025 to
               specify procedures relating to the permitting of
               alarm businesses, to specify the length of time
               a permit remains valid, to specify the fee for
               an alarm business permit, to specify the time
               period allowed for renewal of alarm business
               permits, and to provide a fee for failure to
               obtain a permit; amending Section 5.56.030 to
               require permits for all alarm users, to specify
               the length of time a permit remains valid, to
               specify the time period allowed for renewal of
               alarm user permits, and to provide for a permit
               fee; amending Section 5.56.040 to require an
               alarm business to immediately notify the alarm
               user of an alarm, to provide a procedure for
               notification of the Emergency Communications/911
               Center of an emergency alarm, and to delete
               requirements that notification be made by the
               Chief of Police; amending Section 5.56.050 to
               establish a fee schedule for false alarms to be
               assessed to the alarm user during the alarm user
               permit term and other fees; adding a new Section
               5.56.055 to provide an appeal process; adding a
               new Section 5.56.065 relating to the process for
               notices and service of the same; amending
               Section 5.56.080 to change the penalty language
               to include a $50-$500 fine for violation of
               Section 5.56.020; and adding a new Section
               5.56.090 to establish a severability section for
               Chapter 5.56.
               Fact Sheet (71K)


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

15)  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)
               (11/16/09 - Action Delayed to 11/30/09)
               (ACTION DELAYED FOR ONE WK. TO 12/7/09, 7-0)
               Fact Sheet (18K)
               Attachment (362K)
               Motion To Amend 1 (6K)


PENDING LIST - DATE CERTAIN

16)            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)

17)  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)

18)  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)

19)  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)

20)  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)

21)  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)

22)  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)

23)  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)

24)  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)

25)  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, DECEMBER 7, 2009, AT 3:00 P.M.
                                                  (APPROVED, 7-0)

26)  09R-210   Approving an Agreement between the City of
               Lincoln, the State of Nebraska Department of
               Roads, and BNSF Railway Company regarding the
               closure of public railroad crossings located at
               2nd and J Streets and 3rd and J Streets.
               Fact Sheet (12K)
               Attachment (226K)

27)  09R-211   Assessing the costs incurred for cutting,
               clearing and removing weeds against the various
               benefitted properties for the period of January
               1 through December 31, 2009.
               Attachment (292K)

28)  09R-212   Approving an Interlocal Agreement between the
               City and Lincoln Public Schools for design and
               construction of water quality and stream
               stability features at the North Star High School
               property generally located northwest of Folkways
               Blvd. and N. 33rd Streets.
               Fact Sheet (13K)
               Attachment (130K)

29)  09R-213   Approving a Conservation Easement Agreement
               between the City and the Lower Platte South NRD
               to preserve the flood storage capacity on
               properties generally located west of 10th and
               Military Road.
               Fact Sheet (13K)
               Attachment (315K)

30)  09R-214   Approving an Agreement between the City of
               Lincoln on behalf of the Lincoln-Lancaster
               County Health Department and the University of
               Nebraska-Lincoln School of Veterinary Medicine
               and Biomedical Sciences for UNL students to
               observe in the Animal Control Program for their
               Veterinary Community Education Program for a
               term of January 1, 2010 to December 31, 2013.
               Fact Sheet (38K)
               Attachment (808K)

31)  09R-215   Approving an Amendment to Lease between the City
               of Lincoln on behalf of the Lincoln-Lancaster
               County Health Department and the American Red
               Cross for the lease of space at 220 Oakcreek
               Drive to provide space for the City's Hazardous
               Materials vehicle, to extend the expiration of
               the term from December 31, 2009 to December 31,
               2012.
               Fact Sheet (39K)
               Attachment (437K)

32)  09R-216   Approving a Supplement to Cooperative Agreement
               between the City and the Lower Platte South NRD
               to extend the term for management of the City's
               Wetland Mitigation Bank for a period of five
               years, and to increase the NRD's management fee
               from $3,500 to $4,500 annually.
               Fact Sheet (13K)
               Attachment (40K)

33)  09R-217   Approving a request for relaxation of standards
               from the State of Nebraska, Board of Public
               Roads Classifications and Standards to allow the
               use of three foot shoulders on the Coddington
               Avenue project.
               Fact Sheet (13K)

34)  09R-218   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of November 1 -
               15, 2009.
               Fact Sheet (14K)
               Attachment (19K)

35)  09R-219   Approving 12 Recovery Go Green Initiative
               Contracts for nine full-time and three part-time
               AmeriCorps Members, sponsored by the City Parks
               and Recreation Department, for a 15-month
               program funded through a Federal AmeriCorps
               Program grant.
               Fact Sheet (57K)
               Attachment (6164K)

36)  09R-220   Approving the Block 68 Redevelopment Agreement
               between the City and Acher Arms, LLC, relating
               to the redevelopment of property generally
               located between 10th, 11th, M and N Street.
               (Related Items: 09R-220, 09R-221)
               Fact Sheet (68K)
               Attachment (30476K)

37)  09R-221   Amending the FY 2009/10 Capital Improvement
               Program to authorize and appropriate $4.383
               million in TIF funds for the Block 68
               Redevelopment Project generally located between
               10th, 11th, M and N Streets. (Related Items:
               09R-220, 09R-221)
               Fact Sheet (69K)


     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   5:44 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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