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Formal Agenda


           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, MAY 2, 2011 AT 3:00 P.M.

                          ALL MEMBERS PRESENT
                                 
      THERE WILL BE NO MEETING THE WEEK OF MAY 30 DUE TO HOLIDAY

                             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)            Resolution levying the special taxes assessed
               for the costs of the improvements in the North
               27th Street Maintenance Business Improvement 
               District. (ADOPTED, 7-0; A-86311)

 2)            Resolution levying the special taxes assessed
               for the costs of the improvements in the
               University Place Maintenance Business
               Improvement District. (ADOPTED, 7-0; A-86312)

 3)            Resolution approving the City of Lincoln's
               Investment Activity Report from the City
               Treasurer for the First Quarter, Fiscal Year
               2010-11. (ADOPTED, 7-0; A-86313)

 4)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on April 18, 2011. (PLACED ON FILE)

 5)            Annual Report for the year 2010 prepared by City
               Law Department dated April 1, 2011.
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 6)            Setting the hearing date of Monday, May 16, 2011
               at 3:00 p.m. for the application of Blue Orchid,
               LLC dba Blue Orchid for the addition of a
               catering license to its Class I liquor license
               located at 129 N. 10th Street, Suite 111.
               (ADOPTED, 7-0; A-86314)

 7)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Waiver No. 11004 to Final Plat No. 01035
               approved by the Planning Director on April 20,
               2011 requested by the Eiger Corporation to
               extend the time for two years to install
               sidewalks, street trees and landscape screening
               for Appian Way Addition. The improvements shall
               be completed by April 20, 2013. Also includes
               any uninstalled street trees and landscaping
               screening associated with Appian Way 4th, 7th,
               10th, 11th, 12th and 13th Additions on property
               generally located at S. 84th St. and Highway 2.
               Waiver No. 11005 to Final Plat No. 04023
               approved by the Planning Director on April 20,
               2011 requested by Eiger Corporation to extend
               the time for two years to install sidewalks and
               street trees for Appian Way Regional Center
               Phase II Addition. The improvements shall be
               completed by April 20, 2013. Also includes any
               uninstalled street trees and sidewalks
               associated with Appian Way Regional Center Phase
               II 1st, 3rd, 5th and 8th Additions on property
               generally located at S. 84th St. and Highway 2.


 8)  MISCELLANEOUS REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 9)            Application of Pies & Pints LLC dba Pies & Pints
               for a Class C liquor license at 311 North 8th
               Street, Suite 1. (ADOPTED FOR APPROVAL, 7-0; 
               A-86315)

10)            Manager application of Jason Ortmeier for Pies &
               Pints LLC dba Pies & Pints at 311 North 8th
               Street, Suite 1. (ADOPTED FOR APPROVAL, 7-0; 
               A-86316)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 11 
THRU 14 HAD 2ND READING)

11)  11-45     Amending Chapter 26.11 of the Lincoln
               Municipal Code relating to Procedures for
               Processing Subdivisions by amending Section 
               26.11.039 to provide that a cash
               contribution may be furnished for street
               trees in lieu of a bond, escrow or security
               agreement on all final plats, to provide
               that no surety is required for sidewalks
               along non-major streets abutting
               residential lots, and to add clarity by
               dividing subparagraph (g) into two sub-
               paragraphs (g) and (h); and amending
               Section 26.11.040 to provide that sidewalks
               along non-major streets abutting non-residential 
               lots shall be installed prior to the City 
               issuing an occupancy permit or within
               four years following plat approval whichever
               occurs first and sidewalks along non-major
               streets abutting residential lots shall be
               installed prior to the City issuing an occupancy
               permit, except under specified conditions, that
               street trees along non-major streets shall be
               installed within one year after the issuance of
               an occupancy permit or within six years of final
               plat approval, whichever occurs first, and to
               provide that stormwater detention/retention
               facilities shall be graded at the same time as
               the overall site grading and that such grading
               shall be completed prior to installation of
               required water distribution, wastewater
               collection, and street improvements and to
               provide conditions which must be met for the
               release of any surety to guarantee construction
               of the stormwater detention/retention
               facilities.
               Fact Sheet (209K)

12)  11-49     Amending Title 17 of the Lincoln Municipal
               Code relating to Water by adding a new
               Section numbered 17.02.185 to provide a
               definition for "lot"; amending Section
               17.02.210 to revise the definition of
               "master metered water service"; repealing
               Sections 17.02.230, 17.02.240, and
               17.02.260 to delete definitions of "mobile
               home," "mobile home court," and "office
               park," respectively; amending Section
               17.02.180 to revise the definition of
               "premises"; repealing Section 17.02.320 to
               delete the definition of "shopping center";
               amending Section 17.10.070 to change the
               provisions requiring when permanent water
               meters are to be installed; amending
               Section 17.10.080 to change the
               requirements of how water service to
               specific lots is provided; amending Section
               17.10.100 to require surveys when a
               premises is supplied by two or more sources
               of water; amending Section 17.18.006 to
               change how the Water Service Manual may be
               approved; amending Section 17.18.010 to
               remove the notice requirement for making a
               tap; amending Section 17.18.030 to change
               the provisions related to the provision of
               water services for newly constructed and
               reconstructed premises; amending Section
               17.18.080 to change provisions when surveys
               are required; amending Section 17.18.090 to
               change requirements related to backflow
               prevention installations; amending Section
               17.18.130 to allow multiple supply and
               service pipes to a premises under certain
               exceptions; and amending Section 17.18.160
               to change repair and cost provisions
               involving leaks from customer service
               pipes.
               Fact Sheet (16K)
               Attachment (790K)

13)  11-50     Annexation No. 11002 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 18.36 acres of land generally
               located at South 88th Street and Pioneers
               Boulevard. (Related Items 11-50, 11-51)
               Fact Sheet (926K)
               Attachment (545K)

14)  11-51     Change of Zone No. 11002 - Application of
               Himark Property, LLC, for a change of zone
               from AG Agricultural District to R-3
               Residential District on property generally
               located at South 88th Street and Pioneers
               Boulevard. (Related Items 11-50, 11-51)
               Fact Sheet (632K)


PUBLIC HEARING - RESOLUTIONS

15)  11R-96    Approving a Contract Agreement between the City
               and Burwood Group, Inc. for the annual
               requirements for Websense Maintenance, pursuant
               to Quote 3451, for a three-year term.
               (ADOPTED, 7-0; A-86317)
               Fact Sheet (105K)
               Attachment (1130K)

16)  11R-97    Amending Resolution No. A-84590 to change the
               portion of the Local Government Miscellaneous
               Expenditures Policy regarding the Mayor's Award
               of Excellence, including changes to the
               committee member quorum, term of the committee
               members, clarification of winner selection, and
               to rearrange sections for clarity.
               (ADOPTED, 7-0; A-86318)
               Fact Sheet (90K)

17)  11R-98    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of April 1 - 15,
               2011. (ADOPTED, 7-0; A-86319)
               Fact Sheet (14K)
               Attachment (22K)

                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 18 
THRU 25 HAD 1ST READING)

18)  11-52     Amending Section 2.76.395 of the Lincoln
               Municipal Code relating to Vacation Leave
               with Pay to provide that part-time and
               unrepresented employees coincide with the
               CIR order for "N" and "X" pay range
               employees and making the changes
               retroactively effective August 19, 2010.
               Fact Sheet (88K)

19)  11-53     Amending Section 2.76.385 of the Lincoln
               Municipal Code relating to Funeral Leave to
               provide that part-time and unrepresented
               employees coincide with the CIR order for
               "N" and "X" pay range employees and making
               the changes retroactively effective August
               19, 2010.
               Fact Sheet (91K)

20)  11-54     Amending Section 2.76.380 of the Lincoln
               Municipal Code relating to Sick Leave with
               Pay to provide that part-time and
               unrepresented employees coincide with the
               CIR order for "N" and "X" pay range
               employees and making the changes
               retroactively effective August 19, 2010.
               Fact Sheet (92K)

21)  11-55     Amending Section 2.76.370 of the Lincoln
               Municipal Code relating to Authorized
               Holidays to provide that part-time and
               unrepresented employees coincide with the
               CIR order for "N" and "X" pay range
               employees and making the changes
               retroactively effective August 19, 2010.
               Fact Sheet (88K)

22)  11-56     Amending Section 2.76.155 of the Lincoln
               Municipal Code relating to Compensation
               Plan; Longevity Pay to provide that part-
               time and unrepresented employees coincide
               with the CIR order for "N" and "X" pay
               range employees and making the changes
               retroactively effective August 19, 2010.
               Fact Sheet (88K)

23)  11-57     Amending Section 2.76.153 of the Lincoln
               Municipal Code relating to Compensation
               Plan; Shift Differential to provide that
               part-time employees coincide with the CIR
               order for "N" and "X" pay range employees
               and making the changes retroactively
               effective August 19, 2010.
               Fact Sheet (93K)

24)  11-58     Amending Section 2.54.040 of the Lincoln
               Municipal Code relating to the Declarations
               of Interest in City Contracts to rearrange
               the provisions for purposes of organization
               and clarity, and to exempt contracts of
               $100 or less from the application of Section 
               2.54.040 and Neb. Rev. State. 49-14,103.01 
               to 49-14,103.03.
               Fact Sheet (91K)

25)  11-59     Amending Chapter 5.56 of the Lincoln
               Municipal Code entitled "Emergency Alarm
               Systems" by amending Section 5.56.010,
               Definitions, to revise, add and delete
               definitions as they relate to the
               interpretation and enforcement of this
               chapter; amending Section 5.56.025 relating
               to Alarm Business Permits to clarify which
               alarm businesses are exempt from having to
               obtain a permit, to eliminate the 60-day
               grace period for obtaining a business
               permit, to reduce the renewal fee to
               $50.00, and to delete a grace period for
               renewal after the license expires; amending
               Section 5.56.030 relating to Alarm User
               Permits to reduce fees for commercial users
               to $40.00 and for residential users to
               $25.00, to delete a two-tiered permit fee
               structure, to remove the grace period for
               renewal and to delete the 60-day grace
               period before alarm users need to obtain
               permits; amending Section 5.56.040, Alarm
               User Response, to add the requirement
               of enhanced verification and to allow
               alarm businesses to call in alarms
               from unpermitted users provided the
               user's alarm system has been installed 
               with in 60 days of the call; amending 
               Section 5.56.050 relating to fees to 
               provide a $100.00 false alarm fee is 
               charged for the fourth through eighth 
               false alarms and that a $250.00 false 
               alarm fee is charged for false alarms beyond 
               the eighth; repealing Sections 5.56.060 
               (Automatic Dialing Devices) and 5.56.070 
               (Exception for Severely Handicapped) in their 
               entirety; and amending Section 5.56.080 to
               change the criminal penalties for having an
               unregistered alarm system or business to a 
               civil penalty.
               Attachment (82K)


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

26)  11-43     Approving the lease agreement between the
               City and Scott and Cindy Jensen for the
               lease of office space by Aging Partners for
               its Personal & Family Services Medicaid
               Waiver program at 320 N. State Street,
               Osceola, NE 68651 for a term of June 1,
               2011 through May 31, 2012. 
               (PASSED, 7-0; #19529)
               Fact Sheet (168K)
               Attachment (124K)

27)  11-44     Change of Zone No. 11008 - Application of
               Assurity Life Insurance Company for a
               change of zone from B-4 Lincoln Center
               Business District to B-4 Lincoln Center
               Business District with a Special Sign
               District designation, to allow an
               additional freestanding sign, on property
               generally located at 2000 Q Street.
               (PASSED, 7-0; #19530)
               Fact Sheet (1339K)

28)  11-46     Vacation No. 11004 - Vacating two portions
               of old Pine Lake Road between South 84th
               Street and South 91st Street.
               (PASSED, 7-0; #19531)
               Fact Sheet (662K)
               Attachment (156K)

29)  11-47     Amending Ordinance No. 17366 passed June
               29, 1998, and Ordinance No. 18214 passed
               August 4, 2003, for the widening and
               reconstruction of Old Cheney Road from
               Nebraska Highway 2 to approximately 1,450
               feet east of South 84th Street to remove
               design requirements for raised medians and
               right turn lanes. 
               (P.H. CON'T W/ACTION ON 5/9/11, 7-0)
               Fact Sheet (19K)
               Attachment (350K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

30)  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)

31)  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)
               Fact Sheet (13K)

32)  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)

33)  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)

34)  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)

35)  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)
               Fact Sheet (1367K)

36)            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)

37)  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)

38)  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)

39)  11R-62    Comp. Plan Conformance 11001 - Approving an
               amendment to the Lincoln Star Building
               Redevelopment Project, in the Lincoln Center
               Redevelopment Plan, to extend the project area
               to include the M Street right-of-way from South
               7th Street to South 17th Street to allow for
               streetscape design and improvements. (3/21/11
               - Action Delayed 1 wk. to 3/28/11) (3/28/11 -
               Placed on Indefinite Pending)
               Fact Sheet (1022K)
               Attachment (1001K)

40)  11-39     Amending Chapter 10.32 of the Lincoln
               Municipal Code relating to Stopping,
               Standing and Parking of Vehicles by adding
               a new section numbered 10.32.075 to
               prohibit the parking of trucks on a street
               more than 400 feet from the primary place
               of business and providing certain
               exceptions. (4/11/11 - 3rd Reading 
               w/con't. P.H. on 4/18/11) (4/18/11
               - Placed on Indefinite Pending)
               Fact Sheet (75K)
               Motion To Amend (7K)


   WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
      PUBLIC HEARING ON MONDAY, MAY 9, 2011, AT 3:00 P.M.
                                                (APPROVED, 7-0)

41)  11R-99    Reappointing Martha F. Brown, Sheryl Jordon and
               Corine Simon to the Aging Partners Areawide
               Advisory Council for terms expiring July 1,
               2014.

42)  11R-100   Reappointing Jim Johnson to the Historic
               Preservation Commission for a term expiring
               April 15, 2014.

43)  11R-101   Appointing Liz Kuhlman to the Historic
               Preservation Commission for a term expiring
               April 15, 2014.
               Attachment (210K)

44)  11R-102   Approving an Agreement between the City and BKD,
               LLP for Auditing Services to the City of Lincoln
               for the Fiscal Years ending August 31, 2011,
               2012, 2013, and 2014.
               Fact Sheet (87K)
               Attachment (91K)

45)  11R-103   Approving Amendment No. 1 to the Grant Agreement
               between the City of Lincoln, Nebraska and
               Downtown Civic Ventures, Inc. to reduce the
               grant funds from $100,000.00 to $50,000.00 and
               to reduce the matching funds from $250,000.00 to
               $170,000.00.
               Fact Sheet (91K)
               Attachment (69K)

46)  11R-105   Approving a Fiber and Conduit Sharing Agreement
               between the City and the University of Nebraska
               to provide a fiber optics data link in the
               public right of way for the UNL Mid
               America/Transportation Center at the Whittier
               Building.
               Fact Sheet (12K)
               Attachment (1483K)

47)  11R-104   Special Permit No. 11005 - Appeal of Judy
               and Jim Lerdahl from the conditional
               approval allowing a domiciliary care
               facility for up to 32 residents on property
               generally located at South 27th Street and
               Wilderness Hills Boulevard.
               Fact Sheet (3589K)

48)  11R-106   Approving modifications to the structure and
               operation of Emergency Medical Services, Inc. by
               adopting Restated Articles of Incorporation of
               the Lincoln/Lancaster County EMS Oversight
               Authority, Inc. and By-Laws of the
               Lincoln/Lancaster County EMS Oversight
               Authority, Inc. to rename the organization and
               reorganize the agency which will continue to
               provide medical direction for services, to
               prepare written standards of treatment and
               emergency medical care, to recommend dispatch
               and treatment protocols, to provide quality
               assessment programs and review, and to make
               recommendations for improvements to the
               emergency medical care system.
               Fact Sheet (102K)
               Attachment (34K)


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 MAY ARE THE
     9TH AND 23RD.


ADJOURNMENT   4:16 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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