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Formal Agenda


           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                  MONDAY, DECEMBER 6, 2010 AT 3:00 P.M.

               ALL MEMBERS PRESENT EXCEPT SNYDER & SPATZ

             DUE TO THE HOLIDAYS, THERE WILL BE NO COUNCIL
                MEETINGS THE WEEKS OF DECEMBER 20 AND 27
                                 
                             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-320   Reappointing Keith Fichenscher and Dan Peterson
               to the Veterans Memorial Garden Advisory Council
               for terms expiring November 1, 2013. 
               (ADOPTED, 5-0; A-86140)

 2)  10R-321   Appointing C.M. "Beech" Dale to the Veterans
               Memorial Garden Advisory Council for a term
               expiring November 1, 2013. 
               (ADOPTED, 5-0; A-86141)
               Attachment (68K)

 3)  10R-322   Appointing Andrew J. Campbell to the Community
               Forestry Advisory Board for a term expiring
               August 17, 2013. (ADOPTED, 5-0; A-86142)
               Attachment (73K)

 4)  10R-323   Appointing Molly Brummond, Justin Carlson,
               Keelan Chapman and Andrew Barry to the Parks and
               Recreation Advisory Board for terms expiring
               April 27, 2011, April 27, 2012, June 1, 2011,
               and June 1, 2011, respectively. 
               (ADOPTED, 5-0; A-86143)
               Attachment (277K)

 5)  10R-324   Reappointing Jose Quintero, Arthel (Gene) Crump,
               and Hazell Rodriguez to the Lincoln Commission
               on Human Rights for three-year terms expiring
               December 31, 2013. (ADOPTED, 5-0; A-86144)

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

 7)            Report from City Treasurer of E911 surcharge for
               3rd Quarter 2010:  ACN Communication Services, 
               Airespring, Inc.; August 2010:  Charter Fiberlink-
               Nebraska, LLC; September 2010: AT&T Comm. of
               Midwest, Budget PrePay, 8x8, Inc., Granite
               Telecomm., iNetworks Group, Level 3 Comm., Qwest
               Communications Company, TWC Digital Phone,
               Vonage America. (PLACED ON FILE)

 8)            Report from City Treasurer of Telecommunications
               Occupation Tax for August 2010: ACN
               Communications, Alltel Comm of NE, AT&T Comm. of
               Midwest, Broadband Dynamics, Broadwing, Business
               Telecom, Cellco Partnership, Cincinnati Bell Any
               Distance, Comtel Telecom Assets, Cricket
               Communications, CTI Long Distance, DCT Telecom
               Group, Global Crossing Telecommunications,
               GlobalStar USA, Granite, IBM Global, Intellicall
               Operator, KDDI America, Level 3, McLeodUSA,
               Nebraska Technology, Network Billing Systems,
               New Cingular Wireless, New Edge Network,
               Norlight, Omaha Cellular, OnStar LLC, Primus,
               Public Comm. Services, Qwest Communications,
               Sioux City MSA, TCG Omaha, Telecorp, 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; September
               2010:  360networks, 800 Response,
               Airespring, AmeriVision, Association
               Administrators, ATS Mobile Telephone, BT
               Americas, Cause Based, D&D Communications, DCT
               Telecom Group, Digizip.com, Enhanced Comm.
               Group, Enhanced Comm. Network, First
               Communications, Globalcom, Grasshopper Group,
               IBFA, iNetworks Group, I-Wireless, Lightyear
               Network, MCI, Megapath, NECC Telecom, Nextel
               Boost, Nextel West, Norlight, Norstan, NOS
               Communications, NOSVA Limited Partnership,
               Novega Venture Partners, NPCR, Opex, Orbit, PNG
               Telecommunications, SBC Long Distance, Shaffer
               Communications, Sprint Communication Company,
               Sprint Spectrum, Telecom Management, T-Mobile
               Central, Total Holdings, Tri-M Comm, TSG Global,
               Unite Private, Viaero Wireless, Wholesale
               Carrier Services, Windstream Nebraska, Yestel
               USA, Zone Telecom. (PLACED ON FILE)

 9)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on November 15, 2010. 
               (PLACED ON FILE)

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


PETITIONS & COMMUNICATIONS

11)            REFERRALS TO THE PLANNING DEPARTMENT:
               Change of Zone No. 10025 - Requested by
               Compensation Programs, Inc. from R-2 Residential
               District to R-T Residential Transition District
               on property generally located at N. Cotner
               Boulevard and Y Street.
               Special Permit No. 10033 - Requested by
               Commercial Construction, Inc. for soil
               excavation on property generally located at the
               northwest corner of the intersection of N. 70th
               Street, Interstate 80 and Arbor Road.
               Special Permit No. 10034 - Requested by
               Commercial Construction, Inc. for soil
               excavation on property generally located at the
               southeast corner of the intersection of N.
               120th Street and Alvo Road.
               Use Permit No. 10001 - Requested by
               Compensation Programs, Inc. for approximately
               3,100 square feet of office use with waiver
               request to allow a parking lot to be located 10
               feet instead of the required 20 feet from the
               adjacent residential district to the east on
               property generally located at N. Cotner
               Boulevard and Y Street.

12)            Setting the hearing date of Monday, January 3,
               2011 at 3:00 p.m. for the application of Quin-C,
               Inc. dba Big Red 66 #1 for a Class D liquor
               license located at 8350 Northwoods Drive.
               (ADOPTED, 5-0; A-86145)

13)            Setting the hearing date of Monday, January 3,
               2011 at 3:00 p.m. for the application of Quin-C,
               Inc. dba Big Red 66 #2 for a Class D liquor
               license located at 5700 N. 33rd Street.
               (ADOPTED, 5-0; A-86146) 

14)            Informal petition to create a re-paving district
               on property located along N. 63rd Street from just 
               south of Gladstone to Fremont Street submitted by 
               Rhonda and Kevin Stangl.  (REFERRED TO PUBLIC 
               WORKS DEPT. ON 12/01/10)


15)  MISCELLANEOUS REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

16)            Application of Get Luckie, LLC dba Luckie's
               Lounge & Grill for a Class C liquor license at
               1101 West Bond Street. (ADOPTED FOR APPROVAL, 
               5-0; A-86147)

17)            Manager application of Jesse D. Osborne for Get
               Luckie, LLC dba Luckie's Lounge & Grill at 1101
               West Bond Street. (ADOPTED FOR APPROVAL, 5-0; 
               A-86148)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 18 & 
19 HAD 2ND READING, SEE ITEM 18)

18)  10-149    Authorizing the execution and delivery of (1) a
               Lease Agreement, (2) a Trust Indenture, (3) a
               Deed of Trust, Security Agreement and Assignment
               of Rents and Leases and (4) a Tax Compliance
               Agreement in connection with the issuance of not
               to exceed $1,000,000.00 principal amount of the
               City's Recovery Zone Facility Industrial
               Development Revenue Bonds (Turbine Flats
               Project) Series 2010. 
               (WITHDRAWN, 5-0; #38-4606)

19)  10-150    An ordinance amending Chapters 3.26, 3.28, and
               3.30 of the Lincoln Municipal Code relating to
               Car Rental, Hotel, and Restaurant Occupation
               Taxes, respectively, by amending Sections
               3.26.030, 3.28.030 and 3.30.030 to clarify the
               imposition of such taxes shall begin on January
               1, 2011; amending Sections 3.26.070, 3.28.070,
               and 3.30.070 to clarify the penalty and interest
               assessed for non-payment or delinquent payment
               of such taxes; amending Section 3.30.020 to
               amend the definitions of "drinking place" and
               "restaurant" to remove the condition that the
               tax is imposed only on establishments open to
               the public; amending Section 3.30.040 to delete
               the provision that a person subject to the
               restaurant occupation tax may, upon written
               application to and with the written consent of
               the City Finance Director, make reports and
               remittances on a monthly basis.


PUBLIC HEARING - RESOLUTIONS

20)  10R-326   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of November 1 -
               15, 2010. (ADOPTED, 5-0; A-86149)
               Attachment (20K)
               Fact Sheet (14K)

21)  10R-328   Approving a Contract Agreement between the City
               and ABM Janitorial North Central Region for the
               annual requirements for Cleaning Services for
               Lincoln Libraries, pursuant to Bid No. 10-154,
               for a four-year term. (ADOPTED, 5-0; A-86150)
               Attachment (3764K)
               Fact Sheet (105K)

22)  10R-329   Approving a Contract Agreement between the City
               and Merrell Bros., Inc. for the Transporting of
               Biosolids, pursuant to Bid No. 10-212, for a
               three-year term with the option to renew for one
               additional one-year term. (ADOPTED, 5-0; A-86151)
               Attachment (5322K)
               Fact Sheet (134K)

23)  10R-325   Application of the Urban Development Department
               for the use of public space for the Block 38
               Mixed-Use Facility generally located on the
               north half of Block 38, between 13th and 14th
               Streets and P and Q Streets. (ADOPTED, 4-1; CARROLL, 
               COOK, EMERY, HORNUNG ASSENTING; CAMP DISSENTING; 
               A-86152)
               Attachment (374K)
               Fact Sheet (9K)

                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 24 
THRU 29 HAD 1ST READING)

24)  10-148    Vacation 10011 - Vacating Calvert Street from
               the west line of South 6th Street right-of-way
               to the east line of the Burlington Northern
               Santa Fe Railway right-of-way, generally located
               west on the intersection of South 6th Street and
               Calvert Street. (Related Items: 10-148, 
               10R-205) (Action Date: 1/3/2011)
               Fact Sheet (619K)

25)  10R-205   Misc. No. 10006 - Application of Morningstar
               Investments, LLC, to release a portion of an
               existing public access easement and converting
               the remaining portion to a common access
               easement, on property generally located west of
               South 6th Street and Calvert Street. (Related
               Items: 10-148, 10R-205) (Action Date: 1/3/2011)
               Fact Sheet (1127K)
               Attachment (9K)

26)  10-153    Approving a lease agreement between the City and
               Experian for the lease of approximately 30,000
               square feet of office space in the building
               located at 949 West Bond to Experian for an
               initial term of five years with option to renew
               for two additional five year terms. (Request
               2nd, 3rd Readings on 12/13/10)
               Fact Sheet (12K)
               Attachment (98K)
               Memo (23K)

27)  10-154    Amending the Operating Agreement between the
               City and Woods Park Tennis Corporation
               pertaining to operation of the Woods Park Tennis
               Center at 401 S. 33rd Street to modify
               provisions regarding the use of funds in the
               Tennis Capitol Improvement Fund, to clarify
               operator and its staff are not employees of the
               City and are not entitled to employee benefits,
               and to provide that any failure to enforce any
               provision of this Agreement is not a waiver of
               such party's subsequent right to enforce every
               provision of the Agreement.
               Fact Sheet (174K)
               Attachment (105K)

28)  10-155    Approving the transfer of the Operating
               Agreement for the Woods Park Tennis Center from
               Woods Park Corporation to the Friends of Woods
               Tennis, Inc.
               Fact Sheet (153K)
               Attachment (57K)

29)  10-156    Amending Title 2 of the Lincoln Municipal Code
               by amending Chapter 2.62, Police and Fire
               Pension Plan 'A'; Chapter 2.65, Police and Fire
               Pension Plan 'B'; and Chapter 2.66, Police and
               Fire Pension Plan 'C' to provide that certain
               active members may elect to receive a 13th check
               or purchase a cost of living adjustment to apply
               to the member's future pension benefit payments. 
               Fact Sheet (75K)
               

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

     NONE


RESOLUTIONS - ACTION ONLY

30)  10R-314   Adopting the Lincoln Electric System Rate
               Schedule, Service Regulations, and Cost Analysis
               Summary providing for a system average increase
               of 2.5 percent, to be effective January 1, 2011.
               (Action Date: 12/6/10) (NO MAJORITY, 3-2; CARROLL, 
               COOK, EMERY ASSENTING; CAMP, HORNUNG DISSENTING; 
               AUTOMATIC CARRYOVER TO 12/13/10 AGENDA)
               Fact Sheet (137K)
               Attachment (11680K)

31)  10R-315   Adopting the Lincoln Electric System Annual
               Budget for 2011, to become effective January 1,
               2011. (Action Date: 12/6/10) (NO MAJORITY, 3-2; 
               CARROLL, COOK, EMERY ASSENTING; CAMP, HORNUNG DISSENTING; 
               AUTOMATIC CARRYOVER TO 12/13/10 AGENDA)
               Fact Sheet (136K)
               Attachment (239K)


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 6Fund, 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, DECEMBER 13, AT 3:00 P.M.
                                                   (APPROVED, 5-0)

41)  10R-334   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of November 16 -
               30, 2010.
               Fact Sheet (14K)
               Attachment (18K)

42)  10R-330   Approving a Contract Agreement between the City
               and KONE Inc. to perform Elevator Maintenance
               and Testing - Wastewater Plants, pursuant to
               Quote No. 3115, for a two-year term with the
               option to renew for one additional two-year
               term.
               Fact Sheet (128K)
               Attachment (1931K)

43)  10R-331   Assessing the costs incurred for cutting,
               clearing and removing weeds against the various
               benefitted properties for the period of January
               1 through December 31, 2010.
               Attachment (824K)

44)  10R-332   Special Permit 10031 - Application of U-Pull-It,
               Inc. to operate an auto salvage yard together
               with a request to reduce the setback
               requirements for open storage of salvage from
               100 feet to zero feet along the east lot line of
               property generally located on the east side of
               North 70th Street between Fletcher Avenue and
               McCormick Drive.
               Fact Sheet (1627K)

45)  10R-336   Approving and ratifying the labor contract
               between the City of Lincoln and the Lincoln
               Firefighters Association, Local No. 644,
               International Association of Firefighters,
               effective August 19, 2010 through August 31,
               2011.
               Attachment 1 (221K)
               Attachment 2 (155K)

46)  10R-337   Approving appropriations in the amount of 
               $43,320.00 from the operation of Keno Lottery 
               Funds for various Human Services (Round 32).
               Attachment (64K)


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. THERE WILL ONLY
     BE ONE (1) OPEN MICROPHONE SESSION DURING THE MONTH OF
     DECEMBER ON DECEMBER 13TH.


Note: Only one (1) Open Microphone session for the month of December
being December 13th.


ADJOURNMENT   3:32 P.M.


                                  ***
                         The City Council Meeting
          which is broadcast live at 3:00 p.m. every Monday and
              at 5:30 p.m. on the last Monday of each month
              will be rebroadcast on Saturdays at 1:00 p.m.,
              immediately following the Pre-Council Meeting
                      on 5 City-TV, Cable Channel 5.
                                   ****

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                          lincoln.ne.gov

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