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Formal Agenda


       ACTION FROM THE REGULAR CITY COUNCIL MEETING TO BE HELD
                MONDAY, SEPTEMBER 13, 2010 AT 3:00 P.M.

                      ALL MEMBERS PRESENT EXCEPT CAMP


     MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF AUGUST WAS PRESENTED TO
   MARK FLUITT, POLICE OFFICER OF THE LINCOLN POLICE DEPT., FOR THE CATEGORY 
   OF PRODUCTIVITY.

                            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)  10R-218   Appointing Herbert H. Schimek to the Lincoln City
               Library Board of Trustees for a seven-year term
               expiring August 31, 2017. (ADOPTED, 6-0; A-85995)
               Attachment (167K)
			   
 2)            Clerk's Letter and Mayor's Approval of Ordinances
               and Resolutions passed by Council on August 23,
               2010. (PLACED ON FILE)

 3)            Clerk's Letter and Mayor's Approval of Ordinances
               and Resolutions passed by Council on August 30,
               2010. (PLACED ON FILE)

 4)            Approving the distribution of funds representing
               interest earnings on short-term investments of Idle
               Funds during the month ended July 31, 2010.  
               (ADOPTED, 6-0; A-85996)

 5)            Report from City Treasurer of City Cash on hand at
               the close of business July 31, 2010. (PLACED ON
               FILE)

 6)            Report from City Treasurer of Franchise tax for the
               months of January through June, 2010 from Time
               Warner Cable. (PLACED ON FILE)

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

 8)            Report from City Treasurer of Telecommunication
               Occupation Tax for the month of February
               2010: Cellco Partnership; April to June,
               2010: Matrix, Reliance Comm. Int'l.; May
               2010: Network Billing; June 2010:
               Cricket, Nebraska Tech. & Telecom., AT&T of Midwest,
               Omaha Cellular, Alltel of NE, USCOC of Greater Iowa,
               WWW License, TWC Digital, Qwest, Verizon Wireless,
               Virgin Mobile USA, New Cingular, Windstream
               Nebraska, Viaero, IDT Domestic, Comtel, OnStar, XO
               Comm., USCOC of NE/KS, Business Telecom., McLeodUSA,
               VoiceCom, Global Crossing, AireSpring, Granite,
               Arizona Telephony, Broadwing, Consumer Cellular,
               Telecorp, Trans National, AccessLine, Sioux City
               MSA, Cellco, Primus, ACN, Working Assets, UCN,
               Network Billing, Intellical, New Edge, Cincinnati
               Bell, TCG Omaha, TracFone, CTI, Globalstar USA,
               Public Comm. Services, Norstan, i-wireless, IBM
               Global, TON, KDDI America; July 2010: Unite
               Private, D&D, NPCR, Sprint Spectrum, Norlight, BT
               Americas, Network Billing, MCI, Business Telecom,
               SBC, Zone, Lightyear, Viaero, Novega Venture, First
               Comm., Globalcom, Nextel West, Norston, Grasshopper
               Group, 360networks, Covista, Enhanced, Tri-M, i-
               wireless, Total Holdings, Wholesale Carrier,
               Pioneer, IBFA Acquisitions, TSG Global, Yestel USA,
               NOS, NOSVA, ATS, DCT. (PLACED ON FILE)

 9)            Report from City Treasurer of E911
               Telecommunication Surcharge for the month of
               April to June 2010: Windstream, TWC
               Digital; June 2010: Charter Fiberlink-
               Nebraska; July 2010; 8x8, Level 3, TWC
               Digital, Granite, Comtel, AT&T of Midwest,
               Qwest, Vonage America, iNetworks, Budget Prepay,
               ACN. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

10)            THE FOLLOWING HAVE BEEN PLACED ON FILE IN
               THE OFFCIE OF THE CITY CLERK.  
               Administrative Amendment No. 10036 to Use Permit 
               79, Kohls, approved by the Planning Director on
               August 30, 2010, requested by Burger King, to revise
               the site plan by adding one lot for a fast food
               restaurant and increasing the allowable square feet
               from 96,284 to 99,384 on property located at N.
               84th Street and College Park Drive.
               Administrative Amendment No. 10049 to Change of
               Zone 3134D, Willow Springs Planned Unit Development,
               approved by the Planning Director on September 3,
               2010, requested by Wayne Wingate, to adjust the rear
               yard setback for Lot 8, Block 3, Willow Springs
               Addition from 22 feet, 4 inches to 18 feet for an
               unenclosed deck, on property located at 3965 S.
               78th Street.

11)            Setting the Hearing Date of Monday, September 20,
               2010 at 3:00 p.m. for Application of Brix & Stone
               Gastropub LLC dba Brix & Stone Gastropub for a Class
               CK liquor license located at 803 Q Street, Ste. 150.
               (ADOPTED, 6-0; A-85997)

12)            Setting the Hearing Date of Monday, September 20,
               2010 at 3:00 p.m. for Application of RPM Bros Inc.
               dba Slicks for an addition of a beer garden on the
               northwest corner of the building approximately 40' x
               7' located at 2805 NW 48th Street. (ADOPTED, 6-0;
               A-85998)

13)            Setting the Hearing Date of Monday, September 20,
               2010 at 3:00 p.m. for Application of Nebraska CVS
               Pharmacy LLC dba CVS/Pharmacy 8294 for a Class D
               liquor license located at 4800 O Street. (ADOPTED,
               6-0; A-85999)


14)  MISCELLANEOUS REFERRALS - NONE

                       - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

15)            Application of Strong Island Enterprises Inc. dba
               Bricktop for an addition of a beer garden measuring
               approximately 20 feet by 16 feet to the south of its
               licensed premises at 1427 O Street. (CONT. PUBLIC
               HEARING ONE WEEK W/ACTION 9/20/10, 6-0)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
((ITEMS 16 & 17 HAD 2ND READING)

16)  10-120    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 "E" to
               be effective August 19, 2010.
               Fact Sheet (97K)
               Attachment (317K)

17)  10-121    Amending Chapter 2.76 of the Lincoln Municipal Code
               by amending Section 2.76.153 to provide an increase
               in per hour pay for shift differential; amending
               Section 2.76.365 to allow employees with a pay range
               prefixed by the letter "E" and eligible to retire to
               elect a reduced work schedule; amending Section
               2.76.380 to adjust time off for illness of a family
               member to commence with the first pay period in
               January; amending Section 2.76.385 relating to
               funeral leave to remove applicability to employees
               with a pay range prefixed by the letter "A" or "C";
               and to add a new section 2.76.387 relating to
               bereavement leave for employees with a pay range
               prefixed by the letter "A" or "C".
               Fact Sheet (95K)			   


PUBLIC HEARING - RESOLUTIONS

18)  10R-206   Approving a Funding Agreement between the City and
               the State of Nebraska Department of Roads for the
               use of federal funds to complete the Fracture
               Critical Bridge Inspection of Structure U142514300,
               Antelope Valley East Leg Bridge.
               (CON'T P.H. W/ACTION IN TWO WEEKS TO 9/13/10, 7-0)
               (ADOPTED, 6-0; A-86000)
               Fact Sheet (13K)
               Attachment (130K)

19)  10R-219   Approving a three-year agreement between Lincoln
               Water System and the Nebraska Department of Health
               and Human Services related to reviewing plans for
               construction of new and replacement distribution
               mains at an annual cost of $1,800.00. (ADOPTED,
               6-0; A-86001)
               Fact Sheet (19K)
               Attachment (172K)

20)  10R-220   Approving Supplemental Agreement No. 1 between the
               City of Lincoln and the State of Nebraska Department
               of Roads to modify language for project letting by
               NDOR and invoice procedures, and to add language to
               describe duties and assurances of a Responsible
               Charge for the Antelope Valley North/South Road from
               K to Q Street, State Project No. CM-55(142).
               (ADOPTED, 6-0; A-86002)
               Fact Sheet (80K)
               Attachment (287K)

21)  10R-221   Approving two Contract Agreements between the City
               and NAPA and Factory Motor Parts for the annual
               requirements for Vehicle/Equipment Maintenance Parts
               and Accessories, pursuant to Bid No. 10-108, for
               three year terms with options for one additional
               one-year term. (ADOPTED, 6-0; A-86003)
               Fact Sheet (129K)
               Attachment (2957K)
               Attachment (2575K)

                     - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 22 THRU 25 HAD 1ST READING)

22)  10-122    Approving a lease agreement between the City and
               Hickman Presbyterian Church for the lease of space
               by Aging Partners for its Senior Center Program at
               300 East Third Street, Hickman, Nebraska from
               September 1, 2010 to August 31, 2011.
               Fact Sheet (149K)
               Attachment (151K)

23)  10-123    Amending Chapter 3.24 of the Lincoln Municipal Code
               relating to occupation taxes by amending Section
               3.24.080 to provide that the seller of
               telecommunication equipment may itemize the tax
               levied on a bill, receipt or other invoice to the
               purchaser and amending Section 3.24.100 to clarify
               that the companies paying the telecommunication
               occupation tax have until the end of the month to
               pay the tax from the previous month.
               Fact Sheet (9K)

24)  10-124    Amending Chapter 14.55 of the Lincoln Municipal Code
               relating to Sidewalk Vendors by amending Section
               14.55.050, Application for Permit, to allow vendors
               in the B-3 Commercial District and to provide
               additional application submittal requirements by
               persons seeking a vendor's permit to operate in the
               B-3 Commercial District; amending Section 14.55.070
               relating to Restrictions on Pushcarts to reduce the
               required eight-foot  pedestrian path to a six-foot
               pedestrian path after the location of any pushcart
               or stand within any sidewalk space and adding a new
               section numbered 14.55.075 to provide Additional
               Restrictions on Pushcarts Operating in the B-3
               Commercial District.
               Fact Sheet (127K)


25)  10-125    Amending Section 5.20.130 of the Lincoln Municipal
               Code relating to the hours during which public dancing
               is prohibited. (Request 2nd & 3rd Reading on 9/20/10)
               Fact Sheet (14K)


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

26)  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) (8/16/10 - Con't. P.H. to
               8/23/10 w/Action 8/30/10) 
               (ACTION DELAYED TWO WEEKS TO 9/13/10, 7-0)
                (ACTION DELAYED ONE WEEK TO 9/20/10, 6-0)
               Attachment (17K)

27)  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)
               (8/16/10 - Con't. P.H. to 8/23/10 w/Action
               8/30/10) 
               (ACTION DELAYED TWO WEEKS TO 9/13/10, 7-0)
                (ACTION DELAYED ONE WEEK TO 9/20/10, 6-0)
               Fact Sheet (1039K)

28)  10-116    Street Name Change 10005 - Renaming White Pine
               Drive as "Eldorado Drive" in Wilderness Hills
               4th Addition, generally located at South 30th
               Street and Whispering Hills Boulevard.
               (PASSED, 6-0; #19446)
               Fact Sheet (594K)

29)  10-117    Amending Title 8 of the Lincoln Municipal Code
               relating to Health and Sanitation by amending
               Section 8.06.145 to increase the permit fee for
               open burning; amending Section 8.08.060 to increase
               the permit fees for a body art establishment;
               amending Section 8.08.150 to increase the initial
               permit fee for a body art practitioner; amending
               Section 8.12.035 to increase the permit fee for a
               small family child care home; amending Section
               8.14.037 to increase the permit fees associated with
               child care programs; amending Section 8.20.150 to
               increase the permit fees associated with food
               establishments; amending Section 8.24.150 to
               increase the permit fee for a variance to the
               provisions of LMC Section 8.24.090 relating to noise
               disturbances; amending Section 8.38.090 to increase
               the permit fee for the operation of a Class A or
               Class B swimming pool; amending Section 8.40.070
               to increase the permit fees associated with the
               operation of spa facilities; and amending Section
               8.44.070 to increase the permit fees associated
               with the construction and repair of water wells
               and to provide that such permits shall be annual
               rather than biennial. (PASSED, 6-0; #19447)
               Fact Sheet (145K)

30)  10-118    Amending Chapter 5.41 of the Lincoln Municipal Code
               relating to Salvage, Recycling and Composting
               Operations by amending Section 5.41.050 to increase 
               related permit fees; and amending Section 5.41.060
               to increase the annual occupation tax levied on
               salvage operations or commercial composting
               operations. (PASSED, 6-0; #19448)
               Fact Sheet (118K)

31)  10-119    Amending Title 24 of the Lincoln Municipal Code
               relating to Plumbing and Sewers by amending Section
               24.38.070 to increase the permit fees associated
               with on-site wastewater treatments systems; and
               amending Section 24.42.110 relating to fees
               associated with property transfers with on-site
               wastewater treatment systems to increase the fee for
               evaluation and review of Property Transfer Inspector
               reports and necessary site visits by the Health
               Director..  (PASSED, 6-0; #19449)
               Fact Sheet (127K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST (EXTENDED ONE WEEK)

32)  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)

33)  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)

34)  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)

35)  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)

36)  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)

37)  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)

38)            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)

39)  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)

40)  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. (8/23/10 - Reconsidered 
               Ordinance No. 19430 - Placed on Pending Indefinitely)
               Fact Sheet (104K)


       WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
    PUBLIC HEARING ON MONDAY, SEPTEMBER 20, 2010, AT 3:00 P.M.
                                             (APPROVED, 6-0)

41)  10R-222   Approving the StarTran Rate Schedule to add Go For
               Less/Senior Cash Fare for Star Shuttle/Downtown Zone
               fare category at a rate of $.10.
               Fact Sheet (13K)

42)  10R-229   Accepting the report of new and pending claims
               against the City and approving disposition of claims
               set forth for the period of August 16 - 31, 2010.
               Fact Sheet (14K)
               Attachment (18K)

43)  10R-223   Reappointing Jerrod Jaeger and Jim Johnson to the
               Cable TV Advisory Board for three-year terms
               expiring July 1, 2013.

44)  10R-224   Appointing Edward Hoffman and Donald Voges to the
               Cable TV Advisory Board for terms expiring July 1,
               2012 and July 1, 2013, respectively.
               Attachment (18K)
			   
45)  10R-225   Reappointing Joy M. Ward to the Lincoln Housing
               Authority Board for a term expiring September 1,
               2015.

46)  10R-226   Reappointing Carl Eskridge to the Citizen Police
               Advisory Board for a term expiring November 17,
               2013.

47)  10R-227   Reappointing Wayne Heyen, Joseph Skopp, Jay L.
               Snyder, Carol Swigart and Jeffery Tomhave to the Air
               Pollution Advisory Board for three year terms
               expiring September 1, 2013.

48)  10R-230   Ordering construction of sidewalks at various
               locations where sidewalks currently do not exist.
               Fact Sheet (13K)

49)  10R-231   Approving an amendment to the Lottery Operator
               Contract with EHPV Lottery Services to allow the
               operation of keno in Lincoln until 2:00 a.m.
               Fact Sheet (83K)
               Attachment (8K)

50)  10R-228   Establishing the annual salary of the Mayor for the
               years 2011 through 2015.
               Fact Sheet (93K)

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 SEPTEMBER ARE THE 13TH AND 27TH.



ADJOURNMENT	3:40 P.M.







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