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Formal Agenda


            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, JANUARY 4, 2010 AT 3:00 P.M.

                           ALL MEMBERS PRESENT

               THERE WILL BE NO COUNCIL MEETING THE WEEK OF
           JANUARY 18TH IN OBSERVANCE OF MARTIN LUTHER KING DAY

      COUNCIL RULES WAIVED ALLOWING ITEMS NUMBERED 31 - 34 TO HAVE
                     PUBLIC HEARING & ACTION THIS 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)  09R-223   Reappointing Maria Prendes-Lintel to the
               Community Health Endowment Board of Trustees for
               a three-year term expiring September 1, 2012.
               (ADOPTED, 7-0; A-85632)

 2)            Resolution approving the distribution of funds
               representing interest earnings on short-term
               investments of Idle Funds during the month ended
               November 30, 2009. (ADOPTED, 7-0; A-85633)

 3)            Audit reports performed by BKD, LLP of Lincoln
               Water & Wastewater Systems for Fiscal Year
               2008-2009. (PLACED ON FILE)

 4)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on December 7, 2009. 
               (PLACED ON FILE)

 5)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on December 14, 2009. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 6)            Formal Petition for Alley Re-Paving District No.
               49 in the east-west alley from 10th to 11th
               Streets, between G and H Streets and assessing
               the costs thereof against the benefitted
               properties, submitted by John C. Ball of  LOYA,
               LLC. (REFERRED TO LAW DEPT.)

 7)            THE FOLLOWING HAVE BEEN PLACED ON FILE IN THE
               OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 09071 to
               Pre-Existing Use Permit No. 13C approved by the
               Planning Director on December 18, 2009 requested
               by Earl May Seed & Nursery to expand the
               greenhouse at the northwest corner of the center
               and to provide the additional required parking
               by leasing 22 parking spaces off-site from the
               Briarpark Plaza office building located at 5631
               S. 48th Street.
               Administrative Amendment No. 09074 to
               Special Permit No. 06048 approved by the
               Planning Director on December 18, 2009 requested
               by Larry Chilese to modify the site plan to
               include a drive-through facility at the east
               side of the licensed premises on property
               generally located at N. 48th Street and
               Cornhusker Highway.
               Administrative Amendment No. 09058 to
               Special Permit No. 1999A approved by the
               Planning Director on December 22, 2009 requested
               by Engineering Design Consultants to remove 6.77
               acres from the northeast corner of the
               Wilderness Hills Community Unit Plan and to
               reduce the number of units, which was originally
               approved for a total of 881 units to a total of
               501 units on property generally located at S.
               33rd Street and Yankee Hill Road.
               Administrative Amendment No. 09076 to Use
               Permit/Special Permit No. 19A approved by the
               Planning Director on December 23, 2009 requested
               by Robert Findley to revise the building layout
               by increasing the area of the overnight stay
               component by 5,000 sq. ft. while reducing the
               area of the clinic addition by 5,000 sq. ft. and
               amending the notes accordingly on property
               generally located at S. 70th Street and
               Lincolnshire Road.
               Administrative Amendment No. 09078
               approved by the Planning Director on December
               23, 2009 requested by Realty Trust Group to
               rescind Special Permit No. 130 originally
               approved to allow a parking lot on property
               generally located at the northwest corner of
               50th and O Streets. Special Permit No. 130 is no
               longer in force and effect.


 8)  MISCELLANEOUS REFERRALS - NONE

                       - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

 9)            Application of Hong's Inc. IV dba China Buffet
               for the addition of an outside area measuring
               approximately 11 feet by 60 feet to the south of
               its presently licensed premises generally
               located at 126 North 66th Street.
               (ADOPTED FOR APPROVAL, 7-0; A-85634)

10)            Application of Whitehead Inc. dba U Stop 4
               for a Class D liquor license at 6600 North
               84th Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-85635)

11)            Manager application of Md Mahmudul Amin for
               Whitehead Inc. dba U Stop 4 at 6600 North
               84th Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-85636)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 12 
THRU 14 HAD 2ND READING, SEE ITEM 14)

12)  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.
               Attachment (291K)

13)  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)

14)  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. (P.H. CON'T W/ACTION 
               ON 1/11/10, 7-0)
               Fact Sheet (51K)


PUBLIC HEARING - RESOLUTIONS (See Bill No.10R-17, 10R-21,10R-22,
10R-23 Request for P.H. & Action 1/4/10)(COUNCIL RULES WAIVED, 7-0; SEE PAGE 7)

15)  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. (ADOPTED, 7-0; A-85641)
               Fact Sheet (924K)
               Attachment 1 (1270K)
               Attachment 2 (336KB)

16)  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. (ADOPTED, 7-0; A-85642)
               Fact Sheet (49K)
               Attachment (193K)

17)  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.
               (P.H. CON'T W/ACTION ON 1/11/10, 7-0)
               Fact Sheet (43K)
               Attachment 1 (130K)
               Attachment 2 (260KB)

18)  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.
               (ADOPTED, 6-1; CAMP, CARROLL, EMERY, HORNUNG, 
               SNYDER, SPATZ ASSENTING; COOK DISSENTING; 
               A-85643)
               Fact Sheet (41K)

                       - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEM 19 
HAD 1ST READING)

19)  10-1      Change of Zone 09028 - Application of
               Lancaster County for a change of zone from
               P Public Use District to R-4 Residential
               District on property generally located at
               the southeast corner of South 10th Street
               and South Street.
               Fact Sheet (633K)
               Attachment (41K)


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

20)  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
               1/4/2010) (ACTION DELAYED ONE WEEK TO 1/11/10, 7-0)
               Fact Sheet (18K)
               Attachment (362K)
               Motion To Amend 1 (6K)


PENDING LIST - DATE CERTAIN

21)            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)

22)  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)

23)  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)

24)  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)

25)  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)

26)  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)

27)  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)

28)  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)

29)  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)

30)  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 11, 2010, AT 3:00 P.M.
(Bill No. 10R-17, 10R-21, 10R-22, 10R-23 - Request for 
P.H. & Action 1/4/10) (SEE ITEMS 31 THRU 34)
                     
                                  (ITEMS 35 THRU 52 APPROVED, 7-0)

31)  10R-17    Approving Funding Agreements between the City
               and the Nebraska Dept. of Roads for the use of
               Federal Highway Infrastructure Investment Funds
               provided by the American Recovery and
               Reinvestment Act of 2009 for the following
               eligible projects:  Citywide Durable Pavement
               Markings (Project No. LCLC-5239(8)); and
               Citywide Continental Pedestrian Crosswalks
               (Project No. LCLC-5221(3)). (RULES WAIVED TO HAVE P.H. 
               & ACTION ON THIS DATE, 7-0; ADOPTED, 7-0; A-85637)
               Fact Sheet (14K)
               Attachment 1 (653K)
               Attachment 2 (683K)

32)  10R-21    Approving the selection of Constructors, Inc.
               and authorizing execution of the construction
               contract between the City and the Nebraska Dept.
               of Roads for the use of Federal Highway
               Infrastructure Investment Funds provided by the
               American Recovery and Reinvestment Act of 2009
               for Project LCLC-5220(3). (RULES WAIVED TO HAVE P.H. 
               & ACTION ON THIS DATE, 7-0; ADOPTED, 7-0; A-85638)
               Fact Sheet (13K)
               Attachment (132K)

33)  10R-22    Approving the selection of Pavers Companies and
               authorizing execution of the construction
               contract between the City and the Nebraska Dept.
               of Roads for the use of Federal Highway
               Infrastructure Investment Funds provided by the
               American Recovery and Reinvestment Act of 2009
               for Project LCLC-5250(3). (RULES WAIVED TO HAVE P.H. 
               & ACTION ON THIS DATE, 7-0; ADOPTED, 7-0; A-85639)
               Fact Sheet (13K)
               Attachment (104K)

34)  10R-23    Approving the selection of Cramer and
               Associates, Inc. and authorizing execution of
               the construction contract between the City and
               the Nebraska Dept. of Roads for the use of
               Federal Highway Infrastructure Investment Funds
               provided by the American Recovery and
               Reinvestment Act of 2009 for Project LCLC-
               5254(9). (RULES WAIVED TO HAVE P.H. & ACTION 
               ON THIS DATE, 7-0; ADOPTED, 7-0; A-85640)
               Fact Sheet (13K)
               Attachment (153K)

35)  10R-19    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of December 1-
               31, 2009.
               Fact Sheet (14K)
               Attachment (21K)

36)  10R-15    Declaring the official intent of the City of
               Lincoln, Nebraska to reimburse certain expenses
               in connection with the acquisition,
               construction, equipping and furnishing of
               improvements to the city's solid waste
               management facilities from the proceeds of City
               solid waste management revenue bonds.

37)  10R-16    Declaring the official intent of the City of
               Lincoln, Nebraska to reimburse certain expenses
               in connection with the acquisition, purchase and
               installation of light poles from the proceeds of
               City Certificates of Participation.

38)  10R-24    Adopting the LES Rate Standards as recommended
               by the LES Administrative Board.
               Fact Sheet (52K)
               Attachment (612K)

39)  10R-2     Approving a Department of the Interior
               Geological Survey Supplemental Joint
               Funding Agreement for Water Resources
               Investigations conduct stormwater quality
               monitoring to meet the requirements of the
               City's NPDES stormwater permit through
               October 31, 2010.
               Fact Sheet (13K)
               Attachment (32K)

40)  10R-3     Approving a Service Agreement between the
               City of Lincoln and Southeast Community
               College to provide clinical training for
               public health nursing students and dental
               assistant students at the Lincoln-Lancaster
               County Health Department for a period of
               September 1, 2009 through August 31, 2012.
               Fact Sheet (36K)
               Attachment (307K)

41)  10R-4     Approving a Service Agreement between the
               City of Lincoln and Nebraska House Call
               Physicians, P.C. for physician medical
               services for the Health Department for
               December 1, 2009 through December 31, 2010.
               Fact Sheet (37K)
               Attachment (311K)

42)  10R-10    Approving an Agreement between the City of
               Lincoln and the University of Nebraska College
               of Nursing to provide field and clinical
               training for public health nursing students at
               the Lincoln-Lancaster County Health Department
               for a period of July 1, 2009 through June 30,
               2012.
               Fact Sheet (37K)
               Attachment (308K)

43)  10R-5     Approving the design-building contract or
               the construction management at risk
               contract delivery system provided for in
               the Political Subdivision Construction
               Alternatives Act.
               Fact Sheet (39K)

44)  10R-6     Reappointing Mike McNiff to the Examining
               Board of Plumbers for a three-year term
               expiring on September 4, 2012.

45)  10R-7     Reappointing Mike McNiff to the Water
               Conditioning Board of Examiners for a
               three-year term expiring September 4, 2012.

46)  10R-8     Approving a multi-year contract between the
               City of Lincoln, Lancaster County,
               Lincoln-Lancaster Public Building
               Commission and Cornerstone Printing &
               Imaging for business cards and letterhead
               printing.
               Fact Sheet (48K)
               Attachment (428K)

47)  10R-9     Approving Speakeasy as a keno satellite
               site at 3233 1/2 South 13th Street.
               Fact Sheet (41K)

48)  10R-14    Approving a multi-year contract with A-TEC
               Recycling for fluorescent bulb recycling
               services for a two-year term with a renewal
               option for an additional two-year term.
               Fact Sheet (39K)
               Attachment (545K)

49)  10R-11    Approving an Amendment to Pledge Agreement
               between the City of Lincoln and UNF Charitable
               Gift Fund to amend paragraph 8 of the Pledge
               Agreement to revise the date when the pledge
               regarding funding for the arena project will be
               considered a charitable grant.
               Attachment (140K)

50)  10R-12    Approving an Inter-Governmental Agreement
               between the Nebraska Department of Environmental
               Quality (NDEQ) and the City of Lincoln regarding
               the implementation of the Stormwater Management
               Plan Program.
               Fact Sheet (13K)
               Attachment (269K)

51)  10R-20    Approving an Interlocal Agreement between the
               City of Lincoln and Lancaster County to provide
               a liaison for the delivery of human services to
               the Hispanic/Latino community for a one-year
               term.
               Attachment (23K)

52)  10R-13    Comp. Plan Conformity 09013 - Approving
               amendments to the Lincoln Center Redevelopment
               Plan to add the "Catalyst One/Civic Plaza
               Redevelopment Project" to develop a new public
               plaza and supporting streetscape enhancements
               with the construction of a mixed-use public
               parking facility with retail on the ground floor
               and residential units above the garage, on
               property generally bounded 13th, 14th, P and Q
               Streets.
               Fact Sheet (507K)
               Attachment (1231K)


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 JANUARY ARE THE
     11TH AND THE 25TH.



ADJOURNMENT   4:49 P.M.


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                               lincoln.ne.gov
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