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Formal Agenda


     ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
               MONDAY, MARCH 29, 2010 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)  10R-87    Appointing Debby Brehm to the StarTran Advisory
               board for a three-year term expiring October 20,
               2012.  (ADOPTED, 7-0; A-85788)
               Attachment (26K)

 2)            Setting the hearing date of Monday, April 26,
               2010 at 5:30 p.m. for Board of Equalization on
               the North 27th Street Maintenance Improvement
               District and University Place Maintenance Business
               Improvement District. (APPROVED, 7-0)

 3)            City Clerk Letter and Mayor's approval of
               Ordinances & Resolutions passed by Council on
               March 15, 2010. (PLACED ON FILE)

 4)            Annual report for the year 2009  prepared by Law
               Department dated March 15, 2010. (PLACED ON FILE)
               

PETITIONS & COMMUNICATIONS

 5)            FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
               DEPARTMENT:
               Change of Zone 10007 - Application of M.
               Kent and Marsha Prior from AG to AGR on property
               generally located at N. 98th Street and
               Holdrege Street.

 6)            Formal Petition for Paving District No. 2630 in
               Glynoaks Dr., submitted by Robert E. Caldwell,
               Hampton Enterprises, Inc.  (REFERRED TO LAW DEPT.)
               
 7)            Setting the Hearing Date of April 5, 2010 at
               3:00 p.m. for Application of One Investment, LLC
               dba Comfort Suites for a Class C liquor license
               described as one room on the first floor
               approximately 29' x 13' located at 331 N. Cotner
               Blvd. (ADOPTED, 7-0; A-85789)


 8)  MISCELLANEOUS REFERRALS

                    - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

   ONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 9 THRU 15 HAD 2ND READING)

 9)  10-30     Amending Chapter 2.76 of the
               Lincoln Municipal Code relating
               to the City's Personnel System by
               amending Section 2.76.380, Sick
               Leave with Pay, relating to
               employees in a pay range prefixed
               by M to provide that 65% of an
               employee's accumulated sick leave
               will be paid upon retirement,
               death, or reduction in force;
               amending Section 2.76.395,
               Vacation Leave with Pay, to
               increase the maximum number of
               vacation hours that an employee
               with a pay range prefixed by E
               may accumulate over and above
               their annual earning rate from 40
               to 80 hours.
               Fact Sheet (39K)

10)  10R-85    Approving a labor contract between the City of
               Lincoln and the Lincoln "M" Class Employees
               Association to be effective August 20, 2009.
               (Related Items: 10R-85, 10R-84, 09-97, 09-98,
               09-101, 09-103) (Action Date: 4/5/10)
               Fact Sheet (37K)
               Attachment (690K)
               2009 M Class Contract - Legislative Version (56K)

11)  10R-84    Approving a labor contract between the City of
               Lincoln and the Lincoln "M" Class Employees
               Association to be effective August 19, 2010.
               (Related Items: 10R-85, 10R-84, 09-97, 09-98,
               09-101, 09-103) (Action Date: 4/5/10)
               Fact Sheet (38K)
               Attachment (690K)

12)  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) (3/15/10 - Removed from
               Pending to have 1st Reading on 3/22/10)
               (Related Items: 10R-85, 10R-84, 09-97,
               09-98, 09-101, 09-103) (Action Date: 4/5/10)
               Fact Sheet (134K)
               Attachment (9K)

13)  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)
               (3/15/10 - Removed from Pending to have
               1st Reading on 3/22/10) (Related Items:
               10R-85, 10R-84, 09-97, 09-98, 09-101,
               09-103) (Action Date: 4/5/10)
               Fact Sheet (134K)
               Attachment (9K)

14)  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)
               (3/15/10 - Removed from Pending to have 1st
               Reading on 3/22/10)(Related Items: 10R-85,
               10R-84, 09-97, 09-98, 09-101, 09-103) 
               (Action Date: 4/5/10)
               Fact Sheet (135K)
               Motion To Amend 1 (14K)
               Motion To Amend 2 (15K)

15)  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)
               (3/15/10 - Removed from Pending to have 1st
               Reading on 3/22/10) (Related Items: 10R-85,
               10R-84, 09-97, 09-98, 09-101, 09-103) (Action Date:
               4/5/10)
               Fact Sheet (134K)
               Attachment (138K)
               Motion To Amend 1 (158K)
               Motion To Amend 2 (378K)
               Motion To Amend 3 (559K)
               Motion To Amend 4 (116K)


PUBLIC HEARING - RESOLUTIONS

16)  10R-83    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of March 1 - 15,
               2010. (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0;
               A-85790)
               Fact Sheet (14K)
               Attachment (24K)

17)  10R-72    Approving a three-year maintenance renewal
               contract between the City and Numara for Track-
               It software maintenance.  (ADOPTED, 7-0; A-85791)
               Fact Sheet (51K)
               Attachment (393K)

18)  10R-86    Approving a Professional Services Contract
               between the City, on behalf of the Lincoln-
               Lancaster County Health Department, and Lincoln
               Action Program for medical services from
               February 1, 2010 through January 31, 2013.
               (ADOPTED, 7-0; A-85792)
               Fact Sheet (36K)
               Attachment (327K)

19)  10R-82    Approving Supplement No. 2 to Cooperative
               Agreement between the City and the State of
               Nebraska Department of Roads for Project No. NH-
               6-6(154) to perform a Location Study,
               Environmental Document, and Location Public
               Hearing on U.S. Highway 6 between Cornhusker
               Highway and West O Street.(ADOPTED, 7-0;
               A-85793)
               Fact Sheet (36K)
               Attachment (40K)

20)  10R-88    Approving Omaha Exposition & Racing, Inc. dba
               Lincoln Race Course as a keno satellite site at
               1800 State Fair Park. (ADOPTED, 7-0; A-85794)
               Fact Sheet (41K)

                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 21 & 22 HAD 1ST READING)

21)  10-32     Authorizing the execution and delivery of a
               Lease Agreement; a Deed of Trust, Security
               Agreement and Assignment of Rents and
               Leases; and, a Tax Compliance Agreement in
               connection with the issuance of not to
               exceed $3,362,000 principal amount of the
               City's Industrial Development Promissory
               Revenue Note (Nebraska School Activities
               Association) Series 2010. 
               Attachment (6K)

22)  10-33     Amending Section 9.44.010 of the Lincoln
               Municipal Code relating to fireworks
               regulation to define "permissible
               fireworks" in the City of Lincoln to
               correspond with permissible or consumer
               fireworks as defined in Nebraska statutes.
               Fact Sheet (23K)


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

23)  10-28     Approving a Lease Agreement between the
               City and Nebraska National Bank for golf
               course maintenance equipment for use by the
               City Parks and Recreation Golf Division for
               a five year term. (PASSED, 7-0; #19364)
               Fact Sheet (45K)
               Attachment (366K)

24)  10-29     Approving a Lease Agreement between the
               City, Nebraska Golf & Turf, Inc. and
               Nebraska National Bank for 240 golf cars
               and 10 utility vehicles for use by the City
               Parks and Recreation Golf Division for a
               five year term. (PASSED, 7-0; #19365)
               Fact Sheet (45K)
               Attachment (291K)

 25) 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
               3/29/2010)(ACTION DELAYED ONE WEEK TO 4/5/10, 7-0)
               Fact Sheet (18K)
               Attachment (362K)
               Motion To Amend 1 (6K)
               Motion To Amend 2 (2093K)


PENDING LIST - DATE CERTAIN

26)  10-31     Approving a contract between the City and
               Lincoln Haymarket Development Corp. to
               operate and regulate a Saturday public
               market in the Haymarket area, 7th Street
               from P to Q Streets and P Street from 7th
               to 8th Streets from May 1, 2010 through
               October 9, 2010 and on 8th Street from P to
               Q Street from June 5, 2010 through August
               28, 2010. (3/22/10 - P.H. Delayed to
               4/5/10)
               Fact Sheet (55K)
               Attachment (338K)


PENDING LIST	(EXTENDED ONE WEEK)

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)  10-4      Change of Zone 08075 - Application of
               Waterford Estates, LLC, for a change of
               zone from AG Agricultural District to B-2
               Planned Neighborhood Business District on
               property generally located at North 98th
               Street and O Street. (Related Items 10-
               4, 10R-26) (Request to place on Indefinite
               Pending) (1/11/10 - Placed on Indefinite
               Pending & to have P.H. when removed from
               Pending)
               Fact Sheet (647K)

33)  10R-26    Use Permit 08003 - Application of Waterford
               Estates, LLC, to develop 250,000 sq. ft. of
               commercial floor area on property generally
               located at North 98th Street and O Street.
               (Related Items 10-4, 10R-26) (Action Date:
               2/1/10) (Request to place on Indefinite Pending)
               (1/11/10 - Placed on Indefinite Pending & to
               have P.H. when removed from Pending)
               Fact Sheet (1367K)

34)            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) (Request to place on Indefinite
               Pending) (1/11/10 - Placed on Indefinite Pending
               & to have P.H. when removed from Pending)

35)  10-8      Change of Zone 09003 - Application of
               Yankee Hill Townhomes, LLC, for a change of
               zone from AG Agricultural, R-3 Residential
               and R-4 Residential to R-4 Residential
               District Planned Unit Development  for 84
               townhomes, 348 apartments and 30,000 square
               feet of commercial land uses, with waivers
               to adjust the minimum average lot, the
               minimum lot area, the front, side and rear
               setbacks, and the 3:1 width to depth ratio,
               on property generally located at South 84th
               Street and Yankee Hill Road. (Request to
               place on Indefinite Pending & to have P.H.
               when removed from Pending) (1/25/10 -
               Placed on Indefinite Pending & to have P.H.
               when removed from Pending)
               Fact Sheet (693K)


  WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
   	PUBLIC HEARING ON MONDAY, APRIL 5, 2010, AT 3:00 P.M.
		                         (APPROVED, 7-0)

36)  10R-89    Reappointing Ruthelen Sittler, Carl Tesch,
               Deanna Aguilar and Barry Moore to the Aging
               Partners Areawide Advisory Council for three-
               year terms expiring July 1, 2012.

37)  10R-90    Approving two Unit Price Contracts between the
               City, Lancaster County, Public Building
               Commission and Lanoha Nurseries and ImageScapes,
               Inc. for Miscellaneous Landscaping Installation
               and Maintenance Service for two-year terms with
               options to renew each contract for one
               additional two-year term.
               Fact Sheet (42K)
               Attachment 1 (1477K)
               Attachment 2 (1484K)

38)  10R-91    Approving three Unit Price Contracts between the
               City and Dell Corporation, Florida Micro, and
               SDF Professional Computer Services, Inc. for
               Annual Requirements for Annual Supply of Network
               Stock for four-year terms.
               Fact Sheet (46K)
               Attachment 1 (726K)
               Attachment 2 (714K)
               Attachment 3 (725K)

 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 MARCH ARE THE
      8TH AND THE 29TH.


ADJOURNMENT	6:31 P.M.

                               ***
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          at 5:30 p.m. on the last Monday of each month
          will be rebroadcast on Saturdays at 1:00 p.m.,
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                  on 5 City-TV, Cable Channel 5.
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   the Internet at:      lincoln.ne.gov
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