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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, AUGUST 2, 2010 AT 3:00 P.M.

                            ALL MEMBERS PRESENT

                 AUGUST 9 BUDGET PUBLIC HEARING SCHEDULE
         The Regular Meeting of August 9 will begin at 2:00 p.m.
      The Public Hearing on the 1 & 6 Year Street & Highway Program, 
        the 2010/11 Mayor's Recommended Annual Operating Budget &
  Capital Improvement Program 2010/11 - 2015/16 will begin at 2:30 p.m. 


                              PUBLIC HEARING
                              CONSENT AGENDA

Anyone wishing to address an item on the Consent Agenda may do so at this time


REPORTS OF CITY OFFICERS (See Bill No. 10R-170)

 1)  10R-166   Appointing Wayne Bauer to the Aging Partners Area-
               wide Advisory Council for a term expiring July 1,
               2012.  (ADOPTED, 7-0; A-85935)
               Attachment (61K)

 2)  10R-167   Appointing Tom Wright, Russ F. Neil, Roger (R.J.)
               Lipert and Joy Citta to the Alarm Review Board for
               terms expiring July 1, 2011, July 1, 2011, July 1,
               2012 and July 1, 2012, respectively.
               (ADOPTED, 7-0; A-85936)
               Attachment (306K)

 3)  10R-168   Reappointing Joe Tidball, Robert Ripley and Karen
               Hand to the Parks and Recreation Advisory Board for
               three-year terms expiring April 27, 2013.
               (ADOPTED, 7-0; A-85937)

 4)  10R-169   Reappointing Rick Poore, Donald Stading and Kathleen
               Neary to the Charter Revision Commission for terms
               expiring July 15, 2014. (ADOPTED, 7-0; A-85938)

 5)  10R-170   Reappointing Cecil Steward, Kim Todd, John Kay, Tom
               Laging and Jeff Searcy to the Capitol Environs
               Commission for three-year terms expiring January 9,
               2012, January 9, 2012, January 9, 2013, January 9,
               2013 and April 15, 2013, respectively. (Request
               to withdraw this resolution; appointed by
               Governor) (MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0; 
               A-85939)

 6)  10R-172   Appointing Rick Poore and Tina Udell to the
               Community Health Endowment Board of Trustees for
               three-year terms expiring September 1, 2013.
               (ADOPTED, 7-0; A-85940)
               Attachment (142K)

 7)  10R-173   Reappointing Mike Tavlin and Charlene Gondring to
               the Community Health Endowment Board of Trustees for
               terms expiring September 1, 2013. 
               (ADOPTED, 7-0; A-85941)

 8)  10R-175   Reappointing Cathy Beecham and Berwyn Jones to the
               Historic Preservation Commission for three-year
               terms expiring April 15, 2013. 
               (ADOPTED, 7-0; A-85942)

 9)  10R-176   Reappointing Gordon Scholz, Joanne Kissel and Mary
               Anne Wells to the Urban Design Committee for three-
               year terms expiring February 1, 2012, February 1,
               2012 and February 1, 2013, respectively.
               (ADOPTED, 7-0; A-85943)

10)  10R-177   Appointing Steve Speicher to the StarTran Advisory
               Board for a term expiring October 20, 2011.
               (ADOPTED, 7-0; A-85944)
               Attachment (67K)

11)            Report from City Treasurer of City Cash on hand at
               the close of business June 30, 2010. (PLACED ON FILE)

12)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on July
               19, 2010. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

13)            Setting the hearing date of Monday, August 16, 2010
               at 3:00 p.m. for the Application of Trader Joe's
               Company dba Trader Joe's #722 for a Class C liquor
               license located at 3120 Pine Lake Road, Suite R.
               (ADOPTED, 7-0; A-85945)

14)            THE FOLLOWING HAS BEEN PLACED ON FILE IN THE OFFICE
               OF THE CITY CLERK:
               Administrative Amendment No. 07071 to Special
               Permit No. 07011 Wild Acres approved by the Planning
               Director on July 22, 2010 requested by ESP, Inc., to
               move Lot 15 on Ashland Road to a location abutting
               N. 1st Street on property generally located at N.
               14th Street and Ashland Road.


15)  MISCELLANEOUS REFERRALS - NONE

                       - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

16)            Application of MJBK, Inc. dba Cornhusker Bottle Shop
               for a Class D liquor license at 2310 North 1st
               Street. (ADOPTED FOR APPROVAL, 7-0; A-85946)

17)            Manager application of Mark A. Treinen for MJBK,
               Inc. dba Cornhusker Bottle Shop at 2310 North 1st
               Street. (ADOPTED FOR APPROVAL, 7-0; A-85947)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 18 
THRU 22 HAD 2ND READING)

18)  10-90     Amending Section 10.32.070 of the Lincoln
               Municipal Code relating to parking of vehicles
               on streets adjacent to residentially zoned
               property to extend the length of time a truck
               cabin trailer and self-propelled mobile home,
               semitrailer, trailer, or truck-tractor may
               lawfully park for loading or unloading,
               delivery, or collection of goods, wares,
               merchandise, or materials from two hours to four
               hours.
               Fact Sheet (14K)

19)  10-91     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 "M".
               Fact Sheet (137K)
               Attachment (417K)

20)  10-92     Amending the pay schedule for a certain employee
               group assigned to the pay range which is
               prefixed by the letter C by changing the pay
               range of the classification Environmental
               Compliance Technician.
               Fact Sheet (137K)

21)  10-97     Amending the pay schedule for a certain employee
               group assigned to the pay range which is
               prefixed by the letter N by changing the title
               of the classifications Stores Clerk II, Meter
               Reader II, and Parks Plumber II.
               Fact Sheet (137K)

22)  10-98     Amending the pay schedule for a certain employee
               group assigned to the pay range which is
               prefixed by the letter N by deleting the
               classifications Publications Specialist, Right
               of Way Technician, Real Estate Clerk, Stores
               Clerk I, Environmental Health Technician,
               Maintenance Mechanic, Utility Service
               Technician, Meter Reader I, and Parks Plumber I.
               Fact Sheet (138K)


PUBLIC HEARING - RESOLUTIONS

23)  10R-165   Approving a Contract Agreement between the City of
               Lincoln and EMS Technology Solutions, LLC for EMS
               Inventory Management Solution, pursuant to Bid No.
               10-119, for a four year term with an option to renew
               for one additional four year term. (P.H. w/Action
               con't. 1 wk to 8/2/10) (ADOPTED, 7-0; A-85948)
               Fact Sheet (126K)
               Attachment (2725K)

24)  10R-179   Approving a Contract Agreement between the City of
               Lincoln and Communication Services, Inc. for the
               annual requirements of 802.11 A/B/G Radios, pursuant
               to Bid No. 10-086, for a four-year term. (P.H.
               w/Action con't. 1 wk to 8/2/10) (ADOPTED, 7-0; A-85949)
               Fact Sheet (125K)
               Attachment (1748K)

                         - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 25 
THRU 31 HAD 1ST READING, SEE ITEMS 30 & 31)

25)  10R-182   Approving Amendment No. 2 to the Village Gardens
               Conditional Annexation and Zoning Agreement
               between the City and Village Gardens Development
               Company, LLC, relating to the annexation of
               approximately 15.5 acres of property generally
               located at South 62nd Street and Yankee Hill
               Road. (Related Items: 10R-182, 10-99, 10-100)
               (Action Date: 8/16/10) (ITEMS 25 THRU 31 HAD 1ST READING, 
               SEE ITEMS 30 & 31)
               Attachment (80K)

26)  10-99     Annexation No.10001 - Amending the Lincoln
               Corporate Limits Map by annexing approximately
               15.5 acres of property generally located at
               South 62nd Street and Yankee Hill Road.
               (Related Items: 10R-182, 10-99, 10-100)
               (Action Date: 8/16/10)
               Fact Sheet (797K)
               Attachment (253K)

27)  10-100    Change of Zone No. 10006 - Application of Village
               Gardens Development for a change of zone from AG
               Agricultural District to R-3 Residential District on
               property generally located at South 62nd Street and
               Yankee Hill Road. (Related Items: 10R-182, 10-99,
               10-100) (Action Date: 8/16/10)
               Fact Sheet (771K)

28)  10-101    Adopting an amended and restated version of the City
               of Lincoln Employees' Retirement Plan and Trust to
               provide that the employer contribution for employees
               hired in positions and pay ranges prefixed by the
               letter "N" on or after September 1, 2010 will be an
               amount equal to 9% of an employee's compensation;
               and to further provide that the mandatory employee
               contribution for employees hired in positions and
               pay ranges prefixed by the letter "N" on or after
               September 1, 2010 will be in an amount equal to 7%
               of an employee's compensation.
               Fact Sheet (104K)

29)  10-102    Adopting an amended and restated version of the City
               of Lincoln Employees' Retirement Plan and Trust to
               provide that the employer contribution for employees
               hired in positions and pay ranges prefixed by the
               letters "A", "B" and "C" on or after September 1,
               2010 will be an amount equal to 9% of an employee's
               compensation; and to further provide that the
               mandatory employee contribution for employees hired
               in positions and pay ranges prefixed by the letters
               "A", "B" and "C" on or after September 1, 2010 will
               be in an amount equal to 7% of an employee's
               compensation.
               Fact Sheet (106K)
               Attachment (3000K)

30)  10-103    Amending Title 2 of the Lincoln Municipal Code,
               Officers, Departments and Personnel, by amending
               Sections 2.62.010, 2.65.010 and 2.66.010 relating to
               the establishment of Police and Fire Pension Plans
               A, B and C, respectively, to amend the date by which
               the required city normal cost contributions to the
               Police and Fire Pension Fund are to be made.
               (TO HAVE 2ND READING W/P.H. AT 2:30 P.M. ON 8/9/10 
               ALONG WITH BILL NO. 10R-180, 6-1; CAMP, CARROLL, COOK,
               HORNUNG, SNYDER, SPATZ ASSENTING; EMERY DISSENTING)
               Fact Sheet (92K)

31)  10-104    Amending Section 2.42.040 of the Lincoln Municipal
               Code to provide that the Parking Services Division
               of the Urban Development Department shall be
               responsible for managing on-street and off-street
               parking of the City of Lincoln; amending Chapter
               10.02 of the Lincoln Municipal Code relating to
               definitions associated with Vehicles and Traffic to
               provide definitions for "Parking Control Officer"
               and "Parking Services Enforcement Area"; amending
               Section 10.06.010 of the Lincoln Municipal Code to
               provide that the Director of Public Works and
               Utilities shall determine where public parking will
               be metered or otherwise regulated; amending Section
               10.06.040 of the Lincoln Municipal Code to establish
               a Parking Records Bureau within the Urban
               Development Department; amending Section 10.06.070
               of the Lincoln Municipal Code to provide that
               Parking Control Officers shall have the power to
               issue citations for the specific parking and
               registration violations set forth in Section
               10.06.110(b) of the Lincoln Municipal Code; amending
               Section 10.06.110 of the Lincoln Municipal Code to
               set forth the violations for which a Parking Control
               Officer shall issue citations; amending Section
               10.34.020 of the Lincoln Municipal Code to provide
               that the Parking Services Division of the Urban
               Development Department shall be responsible for
               installing parking meters; amending Section
               10.34.100 of the Lincoln Municipal Code to provide
               that the Parking Services Division of the Urban
               Development Department shall be responsible for the
               collection of parking meter fees; amending Section
               10.36.010 of the Lincoln Municipal Code to provide
               that the Directors of Public Works and Utilities and
               Urban Development  shall make recommendations to the
               Mayor regarding the creation of off-street parking
               facilities; amending Sections 10.36.030 and
               10.36.040 of the Lincoln Municipal Code to provide
               that the Director of Urban Development shall
               designate, locate, and take all steps necessary for
               the effective operation of gated parking facilities;
               amending Section 10.36.100 of the Lincoln Municipal
               Code to provide that the Director of Urban
               Development shall set the parking fees to be
               collected for off-street parking facilities;
               amending Section 10.44.030 of the Lincoln Municipal
               Code to authorize Parking Control Officers to
               contact the Police Department for impoundment of
               vehicles parked in violation of any parking
               ordinance of the City; amending Section 10.44.040
               provide that the Chief of Police and the Director of
               Urban Development shall be accountable for any fees
               collected relating to impounded vehicles.
               (TO HAVE 2ND READING W/P.H. AT 2:30 P.M. ON 8/9/10 
               ALONG WITH BILL NO. 10R-180, 6-1; CAMP, CARROLL, COOK, 
               HORNUNG, SNYDER, SPATZ ASSENTING; EMERY DISSENTING)
               Fact Sheet (19K)


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

32)  10-48     Approving the lease agreement between the City
               and Erik Alm for the lease of office space by
               Aging Partners for its Personal & Family
               Services program at 1325 N. Chestnut Street,
               Wahoo, NE 68066 for a term of July 1, 2010
               through June 30, 2011.  (5/24/10 - Placed on
               Indefinite Pending) (Request to remove from
               Pending) (7/12/10 - Removed from Pending to have
               1st Reading 7/19/10, P.H. 7/26/10) 
               (PASSED, 7-0; #19420)
               Fact Sheet (72K)
               Attachment (69K)

33)  10-88     Amending Chapter 5.38 of the Lincoln Municipal
               Code relating to Licenses and Regulations for
               Motels, Hotels, Rooming, Lodging and Apartment
               Houses by amending Section 5.38.010 to add and
               revise definitions; amending Section 5.38.040,
               Compliance with Minimum Standard Housing and
               Inspection, to provide for inspections,
               schedules and fees for permit issuance and
               compliance; and amending Section 5.38.110,
               Penalty for Violations, to increase the minimum
               fines for violations of  Chapter 5.38.
               (MTA #2 ADOPTED, 7-0; MTA #3 ADOPTED, 7-0; 
               PASSED AS AMENDED, 7-0; #19421)
               Fact Sheet (71K)

34)  10-89     Amending Chapter 21.05 of the Lincoln Municipal
               Code, the Property Maintenance Code, by amending
               Section 21.05.120, Violations, to provide for
               increased inspections and fees for properties
               not in compliance with this title; and amending
               Section 21.05.240 to add and amend definitions.
               (MTA #1 ADOPTED, 7-0; MTA #2 ADOPTED, 7-0; 
               PASSED AS AMENDED, 7-0; #19422)
               Fact Sheet (62K)


PENDING LIST - DATE CERTAIN

35)  10-86     Change of Zone 10007 - Application of Kent Prior
               for a change of zone from AG Agricultural
               District to AGR Agricultural Residential
               District on property generally located at North
               98th Street and Holdrege Street. (7/19/10 -
               Placed on Indefinite Pending, No Date Certain)
               (7/26/10 - Removed from Pending, to have
               1st Reading 8/9/10)
               Fact Sheet (1039K)


PENDING LIST   (EXTENDED ONE WEEK)

36)  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)

37)  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)

38)  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)

39)  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)

40)  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)

41)  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)

42)            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)

43)  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, AUGUST 9, 2010, AT 2:00 P.M.
                                                     (APPROVED, 7-0)

44)  10R-181   Approving the use of public right-of-way for
               construction of a concrete veranda addition at
               Vincenzo's Restaurant at 808 P Street.
               Fact Sheet (12K)
               Attachment (807K)
                                                   

    WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTION WILL HAVE
      PUBLIC HEARING ON MONDAY, AUGUST 9, 2010, AT 2:30 P.M.
                                                     (APPROVED, 7-0)

45)  10R-180   Adopting the 2010/11 City of Lincoln Annual
               Operating Budget and Capital Improvement Program for
               FY 2010/11 - 2015/16. (Action Date: 8/23/10)


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 AUGUST ARE THE 16TH AND
     30TH.


ADJOURNMENT   3:50 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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