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Formal Agenda


           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                 MONDAY, SEPTEMBER 20, 2010 AT 3:00 P.M.

                          ALL MEMBERS PRESENT


                             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-223   Reappointing Jerrod Jaeger and Jim Johnson to the
               Cable TV Advisory Board for three-year terms
               expiring July 1, 2013. (ADOPTED, 7-0; A-86004)

 2)  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.
               (ADOPTED, 7-0; A-86005)
               Attachment (18K)

 3)  10R-225   Reappointing Joy M. Ward to the Lincoln Housing
               Authority Board for a term expiring September 1,
               2015. (ADOPTED, 7-0; A-86006)

 4)  10R-226   Reappointing Carl Eskridge to the Citizen Police
               Advisory Board for a term expiring November 17,
               2013. (ADOPTED, 7-0; A-86007)

 5)  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. 
               (ADOPTED, 7-0; A-86008)

 6)            Resolution approving the City of Lincoln's
               Investment Activity Report from the City Treasurer
               for the Third Quarter, Fiscal Year 2009-2010.
               (ADOPTED, 7-0; A-86009)

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


PETITIONS & COMMUNICATIONS

 8)            Setting the hearing date of Monday, October 4, 2010
               at 3:00 p.m. for the Application of Cobbler Inn,
               Inc. dba Don and Randy Shoemakers Truck Station for
               a Class C liquor license located at 4800 West O Street.
               (ADOPTED, 7-0; A-86010)

 9)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 10050 to Special
               Permit No. 1665A, Van Dorn Meadows Community Unit
               Plan, approved by the Planning Director on September
               9, 2010 requested by Chateau Development, LLC to
               reduce the number of four-plex structures along the
               east boundary of the development from six to five,
               to replace one of the structures with a five-stall
               garage and to revise the layout of an adjacent parking 
               lot on property generally located on S. 72nd Street 
               and Van Dorn Street.


10)  MISCELLANEOUS REFERRALS - NONE

                         - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

11)            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. (9/13/10 - Public 
               Hearing & Action continued to 9/20/10)
               (ADOPTED FOR APPROVAL, 7-0; A-86011)

12)            Application of RPM Bros. Inc. dba Slicks to expand
               the existing outside beer garden by the addition of
               an area measuring approximately 10 feet by 29 feet
               at the northwest corner of its licensed premises at
               2805 N.W. 48th Street. (CON'T P.H. ONE WEEK W/ACTION 
               TO 9/27/10, 7-0)

13)            Application of Nebraska CVS Pharmacy, LLC dba CVS
               Pharmacy #8294 for a Class D liquor license at 4800
               O Street. (ADOPTED FOR APPROVAL, 7-0; A-86012)

14)            Manager application of Kevin M. Merfeld for Nebraska
               CVS Pharmacy, LLC dba CVS Pharmacy #8294 at 4800 O
               Street. (ADOPTED FOR APPROVAL, 7-0; A-86013)

15)            Application of Brix & Stone Gastropub LLC dba Brix &
               Stone Gastropub for a Class CK liquor license at 803
               Q Street. (ADOPTED FOR APPROVAL, 7-0; A-86014)

16)            Manager application of Marci R. Davison for Brix &
               Stone Gastropub LLC dba Brix & Stone Gastropub at
               803 Q Street. (ADOPTED FOR APPROVAL, 7-0; A-86015)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 17 
THRU 20 HAD 2ND READING)

17)  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)

18)  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)

19)  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)

20)  10-125    Amending Section 5.20.130 of the Lincoln Municipal
               Code relating to the hours during which public
               dancing is prohibited.
               Fact Sheet (14K)


PUBLIC HEARING - RESOLUTIONS

21)  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.
               (ADOPTED, 7-0; A-86016)
               Fact Sheet (13K)

22)  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.
               (ADOPTED, 7-0; A-86017)
               Fact Sheet (14K)
               Attachment (18K)

23)  10R-230   Ordering construction of sidewalks at various
               locations where sidewalks currently do not exist.
               (CON'T P.H. ONE WEEK W/ACTION TO 9/27/10, 5-2; 
               CAMP, CARROLL, COOK, HORNUNG, SPATZ ASSENTING; 
               EMERY, SNYDER DISSENTING)
               Fact Sheet (13K)

24)  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.
               (ADOPTED, 7-0; A-86018)
               Fact Sheet (83K)
               Attachment (8K)

25)  10R-228   Establishing the annual salary of the Mayor for the
               years 2011 through 2015.
               (MTA #3 ADOPTED, 7-0; MTA #4 ADOPTED, 6-1; 
               CAMP, CARROLL, COOK, EMERY, SNYDER, SPATZ ASSENTING; 
               HORNUNG DISSENTING; AMENDMENT TO MTA #4 ADOPTED, 5-2; 
               CAMP, COOK, EMERY, HORNUNG, SPATZ ASSENTING; CARROLL, 
               SNYDER DISSENTING; ADOPTED AS AMENDED, 6-1; CAMP, CARROLL, 
               COOK, EMERY, SNYDER, SPATZ ASSENTING; HORNUNG DISSENTING; 
               A-86019)
               Fact Sheet (93K)

                         - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 26 
THRU 31 HAD 1ST READING)

26)  10-126    Street Name Change 10006 - Renaming South 87th
               Street as "Ellie Lane" located in the Boulder Run
               Addition, generally located at South 84th Street and
               Barkley Drive.
               Fact Sheet (795K)

27)  10-127    Amending Section 5.38.075 of the Lincoln Municipal
               Code relating to the appeal procedure for persons
               aggrieved by a decision, notice or order of the
               Building Official for a permit to maintain or
               operate a rooming house, lodging house, apartment
               house, motel or hotel, to correct an outdated LMC
               section and chapter reference.
               Fact Sheet (18K)

28)  10-128    Authorizing the City of Lincoln to enter into a
               lease-purchase transaction with Union Bank and Trust
               Company, Lincoln, Nebraska, in an amount not to
               exceed $8,000,000 for the acquisition of the
               Experian building and renovations to the same.
               (Related Items: 10-128, 10R-236, 10R-241)

29)  10R-236   Amending the 2010/2011 - 2015/2016 Capital
               Improvements Program Budget to add a new project in
               year one to the Public Works & Utilities Street
               Maintenance program to include the lease purchase of
               the Experian facility at 901 and 949 West Bond
               Street.  (Related Items: 10-128, 10R-236, 10R-241)
               (Action Date: 10/04/10)
               Fact Sheet (13K)

30)  10R-241   Approving a Real Estate Purchase and Sale Agreement
               between the City of Lincoln and Experian Marketing
               Solutions, Inc. for the purchase of the Experian
               facility generally located at 901 and 949 West Bond
               Street. (Related Items: 10-128, 10R-236, 10R-241)
               (Action Date: 10/04/10)
               Attachment (603K)

31)  10-129    Approving a Lease Agreement between the Airport
               Authority and the City for the lease of storage
               space by the Lincoln-Lancaster County Health
               Department for a term of December 1, 2010 through
               November 30, 2011.
               Fact Sheet (87K)
               Attachment (352K)


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

32)  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) (8/30/10 - Action
               Delayed 2 wks. to 9/13/10) (9/13/10 - Action
               delayed 1 week to 9/20/10) (MTA #1 TO ACCEPT THE 
               SUBSTITUTE AGREEMENT ADOPTED, 7-0; ADOPTED AS 
               AMENDED, 7-0; A-86020)
               Attachment (17K)
               Motion To Amend (363K)

33)  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. (Related
               Items: 10R-183, 10-86)  (7/19/10 - Placed on
               Indefinite Pending, No Date Certain) (7/26/10 -
               Removed from Pending, to have 1st Reading 8/9/10)
               (Action Date: 8/23/10) (8/16/10 - Con't. P.H. to 
               8/23/10 w/Action 8/30/10) (8/30/10 - Action 
               Delayed 2 wks. to 9/13/10) (9/13/10 - Action 
               delayed 1 week to 9/20/10) (PASSED, 7-0; #19450)
               Fact Sheet (1039K)

34)  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. (PASSED, 7-0; #19451)
               Fact Sheet (97K)
               Attachment (317K)

35)  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".
               (PASSED, 7-0; #19452)
               Fact Sheet (95K)			   


PENDING LIST - DATE CERTAIN - NONE


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)

44)  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 27, 2010, AT 5:30 P.M.
                                                    (APPROVED, 7-0)

45)  10R-232   Accepting the report of new and pending claims
               against the City and approving disposition of claims
               set forth for the period of September 1 - 15, 2010.
               Fact Sheet (14K)
               Attachment (18K)

46)  10R-233   Approving Amendment #2 to the Joint Funding
               Agreement (A-84982) for Water Resources
               Investigations between the U.S. Geological Survey,
               United States Department of the Interior, and the
               City of Lincoln, to conduct stormwater quality
               monitoring services under the City's National
               Pollutant Discharge Elimination System (NPDES)
               stormwater permit.
               Fact Sheet (13K)
               Attachment (60K)

47)  10R-235   Authorizing and supporting the Parks & Recreation
               Department's submittal of a grant application 
               to the Nebraska Game and Parks Commission for a
               Recreational Trails Program Grant for replacement of
               the Bison Trail Bridge over Haines Branch Tributary
               on West Van Dorn Street.
               Fact Sheet (89K)

48)  10R-237   Approving a Master Development Agreement between the
               City and BNSF to provide for a land exchange needed
               to create the new BNSF rail corridor and the site
               for the West Haymarket Project improvements; to
               provide for the removal of BNSF improvements on the
               property to be acquired by the City from BNSF; to
               provide for BNSF's construction of replacement
               tracks and related improvements; and to provide for
               BNSF's granting of certain license and easement
               rights to the City for Right of Entry Work related
               to the West Haymarket Project Improvements.
               (Related Items: 10R-237, 10R-238, 10R-239, 10R-
               240)
               Attachment (134K)

49)  10R-238   Approving a Land Exchange Agreement between the City
               and BNSF for acquisition of property from BNSF for
               the West Haymarket Project. (Related Items: 10R-
               237, 10R-238, 10R-239, 10R-240)
               Attachment (131K)

50)  10R-239   Approving a Construction and Maintenance Agreement
               between the City and BNSF to provide for terms and
               conditions regarding construction of the City's
               rights of entry work under the Master Development
               Agreement for the West Haymarket Project. 
               (Related Items: 10R-237, 10R-238, 10R-239, 
               10R-240)
               Attachment (107K)

51)  10R-240   Approving a Third Assignment and Assumption
               Agreement between the City and the West Haymarket
               Joint Public Agency to provide for the City's
               assignment of its rights, interests, duties and
               obligations under the Master Development Agreement,
               Land Exchange Agreement and Construction and
               Maintenance Agreement for the West Haymarket Project
               to the West Haymarket Joint Public Agency.
               (Related Items: 10R-237, 10R-238, 10R-239, 
               10R-240)
               Attachment (48K)


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   4:35 P.M.



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                            lincoln.ne.gov
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