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Formal Agenda


    ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
            MONDAY, DECEMBER 14, 2009 AT 3:00 P.M.

         DUE TO THE HOLIDAYS, THERE WILL BE NO COUNCIL
             MEETINGS THE WEEKS OF DECEMBER 21 AND 28

                    ALL MEMBERS PRESENT


                MAYOR'S AWARD OF EXCELLENCE PRESENTED
            TO DEBORAH BAINES OF THE AGING PARTNERS DIVISION
        OF THE MAYOR'S DEPARTMENT FOR THE CATEGORIES OF CUSTOMER
              RELATIONS, LOSS PREVENTION, AND PRODUCTIVITY.

  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 Council on
               November 30, 2009. (PLACED ON FILE)

 2)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               Idle Funds during the month ended October 31,
               2009. (ADOPTED, 7-0; A-85622)

 3)            Report from City Treasurer of City Cash on Hand
               at the close of business October 31, 2009. 
               (PLACED ON FILE)

 4)            Lincoln Water & WasteWater System Recapitulation
               of Daily Cash Receipts for November 2009. 
               (PLACED ON FILE)

 5)            Report from City Treasurer of Franchise tax for
               the month of October, 2009 from Black
               Hills/Nebraska Gas Utility Company, LLC. 
                (PLACED ON FILE)

 6)            Report from City Treasurer of County E911 for
               the period July to September 2009: TWC Digital
               Phone; September 2009: Charter Fiberlink;
               October 2009: AT&T of Midwest, ACN, Comtel
               Telcom Assets, Granite, Qwest Comm., 8x8, TWC
               Digital Phone,  Level 3, Level 3, Vonage
               America, Vonage America, Budget Prepay, iNetwork
               Group, iNetworks Group, 8x8. (PLACED ON FILE)

 7)            Report from City Treasurer of Occupation
               Taxation for July to September 2009: MegaPath,
               Reliance, Matrix; September 2009: AT&T, USCOC of
               Greater Iowa, TWC Digital Phone, Virgin Mobile
               USA, Nebraska Technology & Telecomm., Windstream
               Nebraska #150, Windstream Nebraska #494, Sprint,
               New Cingular Wireless, Qwest Comm., Verizon
               Wireless, Omaha Cellular, Guaranteed Phone
               Service, Cellco Partnership, Norstan Network,
               Sioux City MSA, 800 Response Info., Network
               Billing, Broadwing, UCN, AireSpring, Granite,
               Telecorp, Primus, USCOC of NE/KS, XO, Working
               Assets, Arizona Telephony, Global Crossing,
               Comtel, ACN, IDT Domestic, Globalstar USA,
               McLeodUSA, OnStar, Trans National, AccessLine,
               Public Comm., Quantum Shift, Farm Bureau, TON
               Services, KDDI America, Cincinnati Bell,
               Intellical Operator, TCG Omaha, CIT Long
               Distance, VoiceCom, TracFone, IBM Global, CIMCO;
               October 2009:  Unite Private Networks, D&D,
               Nextel, Sprint, Sprint Spectrum, MCI, Windstream
               Nebraska #150, SBC Long Distance, Network
               Billing, BT Americas, Total Holdings, Lightyear,
               Zone Telecom, Tri-M, Enhanced Comm., TSG Global,
               NOSVA, First Communications, Globalcom,
               360networks(USA), Viaero Wireless, NOS,
               Wholesale Carrier, Nextel West, Covista, ATS
               Mobile, Pioneer Telephone, Yestel USA, i-
               wireless.  (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

8)             THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
               DEPT.:
               Change of Zone 09027  - requested by
               Manzitto, Inc. and Michael Builders corp. from
               R-3 to B-2 on property located at Lucile Drive
               and Pioneers Boulevard.
               Change of Zone 09028  - requested by
               Lancaster County Board of Commissioners from P
               to R-4 on property located at S. 10th
               Street and South Street.
               Special Permit 384G - requested by Tabitha
               Health Care Facilities for an amendment to
               expand the existing health care facility on
               property located at 4720 Randolph Street.
               Special Permit 09027 - requested by Ocho
               Properties, LLC to allow an indoor kennel on
               property located at S. 40th Street and
               Old Cheney Road.

 9)            Administrative Amendment No. 09021 to
               Change of Zone No. 06075, Wilderness Commons
               Planned Unit Development, approved by the
               Planning Director on December 2, 2009, requested
               by Engineering Design Consultants, LLC., to:
                    A.   Change the land use on certain lots as
                    shown on the site plan;
                    B.   Expand the allowable square feet in
                         the PUD by 20,000 sq. ft. from 600,000
                         sq. ft. to 620,000 sq. ft.;
                C.   Reduce the number of lots in
                         Block 2 from 14 to 6;
                    D.   Add S. 39th St. as a private roadway;
                    E.   Add Edelweiss Ct. as a right-in,
                         right-out, on to S. 40th St.;
                    F.   Revise the site layout and various
                         site notes;
                    G.   Increase the height from 40 feet to 55
                         feet in the interior of the PUD,
                         excluding lots on the perimeter,
               on property generally located on the southwest
               corner of 40th St. and Yankee Hill Rd.  
               (PLACED ON FILE)

10)            Administrative Amendment No. 09073 to
                    Special Permit No. 1988, approved by the
                    Planning Director on December 4, 2009,
                    requested by Hausmann Construction, Inc.,
                    to: 
                    A.   Transfer the 30 unassigned dwelling
                         units to Lot 3, Tamarin Ridge
                         1st Addition, to bring the
                         total multi-family dwelling units
                         permitted on this lot to 190;
                    B.   Clarify Note #1 under Community Unit
                         Plan General Notes on building height,
               on property generally located at 7400 Jacob
               Creek Dr. (PLACED ON FILE)

11)            Setting the Hearing Date of Monday, January 4,
               2010, at 3:00 p.m. for the Application of
               Whitehead, Inc. dba U Stop 4 for a Class D
               liquor license located at 6600 N. 84th
               Street. (ADOPTED, 7-0; A-85623)

12)            Setting the Hearing Date of Monday, January 11,
               2010, at 3:00 p.m. on the following applications
               for 11 Walgreen Company locations for Class D
               liquor licenses: 5701 Village Drive, 8300
               Northern Lights Drive, 5500 Red Rock Lane, 1301
               O Street, 2600 S. 48th Street, 7045 O Street,
               4000 S. 70th Street, 2502 N. 48th Street,
               1701 South Street, 4811 O Street and 2630 Pine Lake Road. 
               (ADOPTED, 7-0; A-85624)

13)            Setting the Hearing Date of Monday, January 11,
               2010, at 3:00 p.m. for the Application of TCN
               Inc. dba Chinasia for a Class I liquor license
               located at 2704 Y Street. (ADOPTED, 7-0; A-85625)


14)  MISCELLANEOUS REFERRALS

                  - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

15)            Application of Nader's Inc. dba
               Billy's Restaurant for the addition of
               an outdoor sidewalk caf‚ area
               measuring approximately 14 feet by 17
               feet to the south of the licensed
               premises at 1301 H Street. (ADOPTED
               FOR APPROVAL, 7-0; A-85626)

16)            Application of Omaha Exposition and Racing Inc.
               dba Lincoln Race Course for a Class C and K
               liquor license at 1800 State Fair Park.
               (ADOPTED FOR APPROVAL, 7-0; A-85627)

17)            Manager application of Judd A. Bietz for Omaha
               Exposition and Racing Inc. dba Lincoln Race
               Course at 1800 State Fair Park.(ADOPTED FOR APPROVAL,
               7-0; A-85628)


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

     NONE


PUBLIC HEARING - RESOLUTIONS

18)  09R-222   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of November 16 -
               30, 2009. (ADOPTED FOR APPROVAL, 7-0; A-85629)
               Fact Sheet (14K)
               Attachment (19K)

                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 19 THRU 21 HAD 1ST READING)

19)  09-154    Approving the Amended and Restated Site Lease
               from the City and the County to the Lincoln-
               Lancaster County Public Building Commission; the
               Amended and Restated Lease Agreement from the
               Commission to the County and the City; and the
               issuance of not to exceed $4,750,000 of the
               Commission's Tax Supported Lease Rental Revenue
               Building and Refunding Bonds, Series 2010.

20)  09-152    Approving a lease agreement between the City and
               the Village of Firth for the lease of space by
               the Lincoln Area Agency on Aging for its
               ActivAge Center Program at 311 Nemaha Street,
               Firth, Nebraska from September 1, 2009 to August
               31, 2010.
               Fact Sheet (47K)
               Attachment (59K)

21)  09-153    Authorizing the sale of surplus property
               described as portions of Lots 11 and 12,
               Wesleyan Heights Addition, generally located
               northwest of North 41st Street and Greenwood
               Street to Dennis Wohlers. (Request
               2nd & 3rd Readings on 1/4/2010)
		   (12/14/09 - Request Withdrawn)
               Fact Sheet (51K)


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

22)  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.  (ACCEPTED SUBSTITUTE ORDINANCE,
               7-0; AMENDED SUBSTITUTE ORDINANCE, 7-0; PASSED AS
               AMENDED, 7-0; #19336)
               Fact Sheet (71K)
               Motion To Amend (52K)
               Motion To Amend Substitute (8K)

23)  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 Weekly to
               12/14/09) (ACTION DELAYED TO 1/4/10, 7-0)
               Fact Sheet (18K)
               Attachment (362K)
               Motion To Amend 1 (6K)


RESOLUTIONS - ACTION ONLY

24)  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)
               (12/7/09 - Action Delayed 1 wk to
               12/14/09)(ACCEPTED SUBSTITUTE REDEVELOPMENT
               AGREEMENT, 7-0; ADOPTED,  7-0; A-85630)
               Fact Sheet (68K)
               Attachment (30476K)

25)  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) (12/7/09 - Action
               Delayed 1 wk to 12/14/09)(ADOPTED 7-0; A-85631)
               Fact Sheet (69K)


PENDING LIST - DATE CERTAIN

26)            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

27)  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)

28)  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)

29)  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)

30)  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)

31)  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)

32)  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)

33)  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)

34)  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)

35)  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, JANUARY 4, 2010, AT 3:00 P.M.
					    (APPROVED, 7-0)

36)  09R-223   Reappointing Maria Prendes-Lintel to the
               Community Health Endowment Board of Trustees for
               a three-year term expiring September 1, 2012.

37)  09R-224   Comp. Plan Conformity 09012   Approving
               amendments to the Lincoln Center Redevelopment
               Plan to add the "13th and L Redevelopment
               Project" to include construction of a new
               commercial complex with retail and office space
               on property generally bounded by 13th, 14th, K
               and L Streets.
               Fact Sheet (924K)
               Attachment (1270K)

38)  09R-225   Approving a Supplemental Agreement No. 2 between
               the City and State Dept. of Roads for the
               Jamaica North Trail Phase 2(B), NDOR Project No.
               ENH-55(160) Control No 12879, providing for the
               State to advertise, conduct letting and review
               bids for the Jamaica North Trail, pay all
               eligible project costs directly to the
               consultants and contracts, extends the deadline
               for securing a construction contract and
               approves Terry Genrich as the City's Responsible
               Charge.
               Fact Sheet (49K)
               Attachment (193K)

39)  09R-226   Approving the City of Lincoln Contract Agreement
               between the City and Republic Parking System,
               Inc. for the management of the City of Lincoln
               parking facilities for a term of September 1,
               2009 through August 30, 2013.
               Fact Sheet (43K)
               Attachment (130K)

40)  09R-227   To re-adopt the Water System Impact Fee
               Schedule, Water Distribution Impact Fee
               Schedule, Wastewater Impact Fee Schedule,
               Arterial Street Impact Fee Schedule, and
               Neighborhood Park and Trail Impact Fee Schedule
               without any adjustment for inflation for 2010.
               Fact Sheet (41K)


     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. THERE WILL
     ONLY BE  ONE (1)  OPEN MICROPHONE SESSION DURING THE
     MONTH OF DECEMBER BEING DECEMBER 14TH WHICH IS A
     3:00 P.M. MEETING.


ADJOURNMENT


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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