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Formal Agenda


            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, APRIL 5, 2010 AT 3:00 P.M.

                    ALL MEMBERS PRESENT EXCEPT EMERY

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-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.
               (ADOPTED, 6-0; A-85795)

 2)            Affidavit of Mailing for Board of Equalization
               for North 27th Street Maintenance Business
               Improvement District.  (PLACED ON FILE)

 3)            Affidavit of Mailing for Board of Equalization
               for University Place Maintenance Business
               Improvement District.  (PLACED ON FILE)

 4)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on March 22, 2010.  (PLACED ON FILE)

 5)            Report from City Treasurer of City Cash on hand
               at the close of business December 31, 2009. 
               (PLACED ON FILE)

 6)            Report from City Treasurer of City Cash on hand
               at the close of business February 28, 2010. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 7)            Setting the hearing date of Monday, April 19,
               2010 at 3:00 p.m. for the Manager Application of
               Solomon Spataro for The Peacock Indian Cuisine,
               Inc. dba The Peacock Indian Cuisine located at
               2801 Pine Lake Road, Suite W.
               (ADOPTED, 6-0; A-85796)


 8)  MISCELLANEOUS REFERRALS - NONE

                          - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

 9)            Application of One Investment LLC dba Comfort
               Suites for a Class "I" liquor license at 331 N.
               Cotner Blvd. (ADOPTED FOR APPROVAL, 6-0; A-85797)

10)            Manager application of John E. Klimpel for One
               Investment LLC dba Comfort Suites at 331 N.
               Cotner Blvd. (ADOPTED FOR APPROVAL, 6-0; A-85798)

11)            Application of Kinja Inc. dba Kinja Sushi &
               Japanese Cuisine for a Class "I" liquor license
               at 4141 Pioneer Woods Drive, Suite F.
               (ADOPTED FOR APPROVAL, 6-0; A-85799)

12)            Manager application of Hyang Kim for Kinja Inc.
               dba Kinja Sushi & Japanese Cuisine at 4141
               Pioneer Woods Drive, Suite F.
               (ADOPTED FOR APPROVAL, 6-0; A-85800)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 13 
THRU 15 HAD 2ND READING)

13)  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)

14)  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 1 (172K)
               Attachment 2 (94K)
               Attachment 3 (80K)

15)  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)
               Motion To Amend (9K)


PUBLIC HEARING - RESOLUTIONS

16)  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.
               (ADOPTED, 6-0; A-85801)
               Fact Sheet (42K)
               Attachment 1 (1477K)
               Attachment 2 (1484K)

17)  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.
               (ADOPTED, 6-0; A-85802)
               Fact Sheet (46K)
               Attachment 1 (726K)
               Attachment 2 (714K)
               Attachment 3 (725K)

                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 18 & 
19 HAD 1ST READING)

18)  10-34     Amending the pay schedule for a certain
               employee group assigned to the pay range
               which is prefixed by the letter A by
               changing the pay range of the
               classification Crime Analysis Manager.
               Fact Sheet (43K)

19)  10-35     Change of Zone 10004 - Application of Juan
               and Dana Rodriguez for Proyecto Cultural
               for a change of zone from I-1 Industrial
               District to B-3 Commercial District, on
               property generally located at North 22nd
               Street and Y Street.
               Fact Sheet (626K)


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

20)  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.  (PASSED, 4-2; CARROLL, COOK, SNYDER, 
               SPATZ ASSENTING; CAMP, HORNUNG DISSENTING; #19366)
               Fact Sheet (39K)

21)  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) (ADOPTED, 4-2; 
               CARROLL, COOK, SNYDER, SPATZ ASSENTING; CAMP, HORNUNG 
               DISSENTING; A-85803)
               Fact Sheet (37K)
               Attachment (690K)
               2009 M Class Contract - Legislative Version (56K)

22)  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)
               (ADOPTED, 4-2; CARROLL, COOK, SNYDER, SPATZ 
               ASSENTING; CAMP, HORNUNG DISSENTING; A-85804)
               Fact Sheet (38K)
               Attachment (690K)

23)  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)
               (PASSED, 5-1; CARROLL, COOK, HORNUNG, SNYDER, 
               SPATZ ASSENTING; CAMP DISSENTING; #19367)
               Fact Sheet (134K)
               Attachment (9K)

24)  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)
               (PASSED, 5-1; CARROLL, COOK, HORNUNG, SNYDER, SPATZ 
               ASSENTING; CAMP DISSENTING; #19368)
               Fact Sheet (134K)
               Attachment (9K)

25)  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) (MTA #2 TO ACCEPT SUBSTITUTE 
               ORDINANCE NO. 2 ADOPTED, 6-0; PASSED AS AMENDED, 4-2; 
               CARROLL, COOK, SNYDER, SPATZ ASSENTING; CAMP, HORNUNG 
               DISSENTING; #19369)
               Fact Sheet (135K)
               Motion To Amend 1 (14K)
               Motion To Amend 2 (15K)

26)  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) 
               (MTA #4 ADOPTED, 4-2; CARROLL, COOK, SNYDER, SPATZ 
               ASSENTING; CAMP, HORNUNG DISSENTING; PASSED AS 
               AMENDED, 4-2; CARROLL, COOK, SNYDER, SPATZ ASSENTING; 
               CAMP, HORNUNG DISSENTING; #19370)
               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)

 27) 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 4/5/2010) (MTA #2 TO ACCEPT THE SUBSTITUTE 
               ORDINANCE ADOPTED, 4-2; CARROLL, COOK, SNYDER, 
               SPATZ ASSENTING; CAMP, HORNUNG DISSENTING; PASSED 
               AS AMENDED, 4-2; CARROLL, COOK, SNYDER, SPATZ ASSENTING; 
               CAMP, HORNUNG DISSENTING; #19371)
               Fact Sheet (18K)
               Attachment (362K)
               Motion To Amend 1 (6K)
               Motion To Amend 2 (2093K)


RECONSIDERATION

28)  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.
               (RECONSIDERED FOR ACTION, 6-0; RE-ADOPTED, 6-0; 
               A-85792)
               Fact Sheet (36K)
               Attachment (327K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

29)  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)

30)  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)

31)  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)

32)  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)

33)  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)

34)  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)

35)  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)

36)            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)

37)  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 12, 2010, AT 3:00 P.M.
                                                (APPROVED, 6-0)

38)  10R-100   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of March 16 -
               31, 2010.
               Fact Sheet (14K)
               Attachment (24K)

39)  10R-92    Appointing Joy M. Ward to the Lincoln Housing
               Authority Board to fill an unexpired term
               expiring July 1, 2010.
               Attachment (25K)

40)  10R-93    Appointing Janet Goodman-Banks to the Mayor's
               Multicultural Advisory Committee to fill an
               unexpired term expiring September 18, 2010.
               Attachment (62K)

41)  10R-94    Reappointing Michael Justus to the Audit
               Advisory Board for a three-year term expiring
               March 1, 2013.
               Attachment (30K)

42)  10R-95    Appointing Shirley Mora James to the Citizen
               Police Advisory Board for a three-year term
               expiring November 17, 2012.
               Attachment (74K)

43)  10R-96    Approving a multi-year contract for Fuel Tank
               Maintenance and Service between the City of
               Lincoln, Lancaster County and Vanguard
               Industries, Inc. for a four-year term.
               Fact Sheet (52K)
               Attachment (754K)

44)  10R-98    Approving a multi-year contract for Portable
               Chemical Toilet Service between the City,
               Lancaster County and Eagle Services for a four
               year term.
               Fact Sheet (60K)
               Attachment (759K)

45)  10R-97    Ordering Paving District No. 2630 constructed
               from the intersection of Betty Lou Blvd. and
               Glynoaks Drive to the west side of 84th Street
               at Augusta Drive, and assessing the cost thereof
               against the benefitted property.
               Fact Sheet (12K)
               Attachment (4858K)


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 APRIL ARE THE 12TH AND THE 26TH.


ADJOURNMENT   4:17 P.M.



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The City Council Agenda and Action Sheet may be accessed on the Internet at:
                              lincoln.ne.gov
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