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Formal Agenda


               ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                      MONDAY, AUGUST 9, 2010 AT 2:00 P.M.

                       ALL MEMBERS PRESENT EXCEPT SNYDER

           PUBLIC HEARING ON THE 1 & 6 YEAR STREET & HIGHWAY PROGRAM
          THE 2010/2011 MAYOR'S RECOMMENDED ANNUAL OPERATING BUDGET &
   CAPITAL IMPROVEMENT PROGRAM FY 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

 1)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on July
               26, 2010.  (PLACED ON FILE)

 2)            Report from City Treasurer of franchise tax for the
               month of June, 2010 from Black Hills/Nebraska Gas
               Utility Co., LLC.  (PLACED ON FILE)

 3)            Lincoln Water & Wastewater System Recapitulation of
               Daily Cash Receipts for the month of July, 2010. 
               (PLACED ON FILE)

 4)            Report from City Treasurer of E911 surcharge for
               2nd Quarter 2010:  ACN Communication
               Services; May 2010:  Charter Fiberlink -
               Nebraska, LLC; June 2010:  ACN Communication
               Services, AT&T Communications of Midwest, Budget
               Prepay, Comtel Telcom Assets, 8x8, Inc., Granite
               Telecommunications LLC, iNetworks Group, Inc., Level
               3 Communications, Qwest, TWC Digital Phone, Vonage
               America.  (PLACED ON FILE)

 5)            Report from City Treasurer of Telecommunications
               Occupation Tax for April 2010: MegaPath;
               2nd Quarter 2010: AmeriVision, Cause Based, 
               ComTech 21, Digizip.com, Enhanced, iNetworks
               Group, NECC Telecom, Opex, Orbit, PNG
               Telecommunications, T-Mobile Central; May
               2010:  ACN Communications, Alltel Comm of NE,
               AT&T Comm. of Midwest, Broadband Dynamics,
               Broadwing, Business Telecom, Cellco Partnership,
               Cincinnati Bell Any Distance, Covista, Cricket
               Communications, CTI Long Distance, DCT Telecom
               Group, Global Crossing Telecommunications,
               GlobalStar USA, Granite, IBM Global, Intellicall
               Operator, KDDI America, McLeodUSA, Nebraska
               Technology, New Cingular Wireless, New Edge Network,
               Omaha Cellular, OnStar LLC, Primus, Public Comm.
               Services, Qwest Communications, Sioux City MSA, TCG
               Omaha, Telecorp, TON Services, TracFone Wireless,
               Trans National, TWC Digital Phone, UCN, USCOC of
               Greater Iowa, USCOC of Nebraska/Kansas, Verizon
               Wireless, Virgin Mobile USA, VoiceCom, Working
               Assets Funding Service, WWC License, XO
               Communications; June 2009:  ATS Mobile Telephone, 
               BT Americas, Covista, D&D Communications,
               DCT Telecom Group, 800 Response, Enhanced, First
               Communications, Globalcom, Grasshopper Group, IBFA,
               Lightyear Network, MCI, Nextel West Corp, Norlight,
               NOS Communications, NOSVA Limited Partnership,
               Novega Venture Partners, NPCR, SBC Long Distance,
               Shaffer Communications, Sprint Communication
               Company, Sprint Spectrum, Telecom Management,
               360networks, Total Holdings, Tri-M Comm, TSG Global,
               Unite Private, Wholesale Carrier Services,
               Windstream Nebraska, Yestel USA, Zone Telecom.
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 6)            Setting the hearing date of Monday, August 23, 2010
               at 3:00 p.m. for the Application of Nebraska Fresh-
               Mex, LLC dba Qdoba Mexican Grill for a Class I
               liquor license located at 211 N. 12th Street.
               (ADOPTED, 5-0; CAMP, CARROLL, COOK, EMERY, 
               SPATZ ASSENTING; HORNUNG ABSENT; A-85950)

 7)            THE FOLLOWING HAVE BEEN PLACED ON FILE IN THE OFFICE
               OF THE CITY CLERK:
               Administrative Amendment No. 10016 to Special
               Permit No. 09022 Wilderness Place Planned Service
               Commercial approved by the Planning Director on July
               27, 2010 requested by Engineering Design
               Consultants, LLC to reduce the 100 foot setback for
               certain uses along the east property lines to a 50
               foot green space with additional landscaping on the
               corner between the driveway on Crescent Drive and
               the driveway on S. 33rd Street per the submitted
               landscape plan. This plan retains the use
               restriction that no convenience store, gas pumps,
               fast food restaurants and car washes are permitted
               on the eastern half of Lot 1 unless they are
               incidental and accessory to the auto dealership.
               This property is generally located on the southwest
               corner at S. 33rd Street and Yankee Hill Road.

 8)  MISCELLANEOUS REFERRALS - NONE

                       - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 9 THRU 13 
HAD 2ND READING)

 9)  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)
               Attachment (80K)

10)  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)

11)  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)

12)  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)

13)  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)


PUBLIC HEARING - RESOLUTIONS

14)  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.
               (ADOPTED, 5-0; CARROLL, COOK, EMERY, HORNUNG, 
               SPATZ ASSENTING; CAMP ABSTAINING; A-85951)
               Fact Sheet (12K)
               Attachment (807K)

                        - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 15 THRU 20 
HAD 1ST READING, SEE ITEM 20)

15)  10R-183   Approving the 98th and Holdrege Conditional Zoning
               Agreement between M. Kent and Marsha Prior and the
               City of Lincoln regarding a change of zone from AG
               Agricultural to AGR Agricultural Residential to
               allow three single family dwelling lots, one outlot,
               and a build through plan for future urbanization on
               property generally located at 98th Street and
               Holdrege Street. (Related Items: 10R-183, 10-86)
               (Action Date: 8/23/10)
               Attachment (17K)

16)  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) (Related Items:
               10R-183, 10-86) (Action Date: 8/23/10)
               Fact Sheet (1039K)

17)  10-84     Vacation 10006 - Vacating multiple streets and
               alleys for the West Haymarket Redevelopment
               Area, generally located at approximately North
               3rd Street to North 7th Street from S Street to
               U Street, and South 5th Street and North 5th
               Street from L Street to T Street.
               Fact Sheet (2730K)

18)  10-85     Vacation 10007 - Vacating J Street from
               approximately South 2nd Street to 100 feet east
               of the east right-of-way line of South 3rd
               Street, and vacating South 2nd Street from
               approximately the north right-of-way line of J
               Street to 143 feet south of the south right-of-
               way line of J Street.
               Fact Sheet (626K)
               Attachment (565K)

19)  10-106    Change of Zone 10015 - Amending Title 27 of the
               Lincoln Municipal Code relating to Zoning by
               amending Section 27.41.040 to allow any permitted
               use which exceeds the maximum height permitted in
               the H-2 Highway Business District to be allowed as a
               special permitted use in said district; amending
               Section 27.43.040 to allow any permitted use which
               exceeds the maximum height permitted in the H-3
               Highway Commercial District to be allowed as a
               special permitted use in said district; and amending
               Section 27.63.250 to provide that a permitted use
               exceeding the maximum height permitted in the
               district may be allowed in the H-2 and H-3 zoning
               districts by a special permit.
               Fact Sheet (901K)

20)  10-107    Amending Section 5.04.130 of the Lincoln Municipal
               Code to change the times during which the sale and
               dispensing of alcoholic liquor is prohibited,
               requiring an internal review and providing for an
               effective date of 6:00 a.m. on September 10, 2010.
               (TO HAVE 2ND READING & P.H. ON 8/23/10 W/ACTION 
               ON 8/30/10, 5-1; CAMP, CARROLL, COOK, EMERY, 
               SPATZ ASSENTING; HORNUNG DISSENTING)
               Fact Sheet (100K)


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

21)  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. (MTA #1 ADOPTED, 5-1; CAMP, CARROLL, 
               COOK, EMERY, SPATZ ASSENTING; HORNUNG DISSENTING; 
               PASSED AS AMENDED, 6-0; #19423)
               Fact Sheet (14K)
               Motion To Amend (7K)

22)  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".
               (PASSED, 6-0; #19424)
               Fact Sheet (137K)
               Attachment (417K)

23)  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. (PASSED, 6-0; #19425)
               Fact Sheet (137K)

24)  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.
               (PASSED, 6-0; #19426)
               Fact Sheet (137K)

25)  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.
               (PASSED, 6-0; #19427)
               Fact Sheet (138K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST   (EXTENDED ONE WEEK)

26)  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)

27)  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)

28)  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)

29)  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)

30)  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)

31)  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)

32)            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)

33)  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 16, 2010, AT 3:00 P.M.
                                                 (APPROVED, 6-0)

34)  10R-174   Reappointing Ruth Jones to the City Personnel Board
               for a term expiring June 22, 2015.

35)  10R-187   Approving a Contract Agreement between the City and
               Security Equipment - Lincoln for the annual
               requirements for Security Alarm System Services,
               pursuant to Quote 3060, for a four-year term.
               Fact Sheet (123K)
               Attachment (1864K)

36)  10R-189   Accepting the report of new and pending claims
               against the City and approving disposition of claims
               set forth for the period of July 16 - 31, 2010.
               Fact Sheet (14K)
               Attachment (20K)

37)  10R-184   Approving and accepting a Grant Award Notification
               from the Nebraska Department of Health and Human
               Services to the City of Lincoln on behalf of the
               Lincoln-Lancaster County Health Department for the
               Mobilizing for Action Through Planning and
               Partnerships Program for a term of July 1, 2010
               through December 31, 2011 in the amount of
               $15,000.00.
               Fact Sheet (84K)
               Attachment (954K)

38)  10R-190   Approving Memorandums of Understanding between the
               City of Lincoln and 12 community partner agencies
               and organizations for assignment of AmeriCorps
               members associated with the Recovery-Go Green
               Initiative AmeriCorps Project sponsored by the Parks
               and Recreation Department for a 15-month program
               funded through a federal AmeriCorps Program grant.
               Fact Sheet (136K)
               Attachment (6729K)

39)  10R-185   Approving a supplemental agreement between the City
               and the State of Nebraska Department of Roads to
               modify agreement language for project letting by
               NDOR and invoice procedures as well as add language
               to described duties and assurances of a Responsible
               Charge person for the Antelope Valley South Street
               bridge project.
               Fact Sheet (13K)
               Attachment (6K)

40)  10R-188   Approving the labor contract between the City and
               the Amalgamated Transit Union for a two year term
               effective August 19, 2010.
               Fact Sheet (90K)
               Attachment (164K)


      PUBLIC HEARING ON THE FOLLOWING RESOLUTION & ORDINANCES
                      WILL BEGIN AT 2:30 P.M.

41)  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)

42)  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.
               (8/2/10 - To have 2nd Reading & P.H.
               w/city budget at 2:30 p.m.)
               Fact Sheet (92K)

43)  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 to provide that the Chief of Police and
               the Director of Urban Development shall be
               accountable for any fees collected relating to
               impounded vehicles. (8/2/10 - To have 2nd
               Reading & P.H. w/city budget at 2:30 p.m.)
               Fact Sheet (19K)


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   7:23 P.M.



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                            lincoln.ne.gov
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