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Formal Agenda


                         CURRENT CITY COUNCIL

           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, MAY 16, 2011 AT 3:00 P.M.

                         ALL MEMBERS PRESENT

             THERE WILL BE NO COUNCIL MEETING THE WEEK OF
                       MAY 30 DUE TO THE 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)  11R-107   Reappointing Andrew Barry and Keelan Chapman to
               the Parks and Recreation Advisory Board for one
               year terms expiring on June 1, 2012.
               (ADOPTED, 7-0; A-86330)

 2)  11R-108   Reappointing Molly Brummond to the Parks and
               Recreation Advisory Board for a term expiring
               June 27, 2014 and reappointing Susan Deitchler,
               Todd Fitzgerald, Anne B. Pagel, Dennis Scheer,
               and Jeffrey E. Schwebke to the Parks and
               Recreation Advisory Board for terms expiring
               April 27, 2014. (ADOPTED, 7-0; A-86331)

 3)  11R-109   Appointing Dr. Pearl Van Zandt to the Mayor's
               Multicultural Advisory Committee for a term
               expiring September 18, 2011. (ADOPTED, 7-0; 
               A-86332)
               Attachment (440K)

 4)  11R-110   Appointing Jane Raybould to the Parks and
               Recreation Advisory Board for a term expiring
               January 1, 2012. (ADOPTED, 7-0; A-86333)
               Attachment (93K)


PETITIONS & COMMUNICATIONS

     NONE

                     - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 5)            Application of Blue Orchid LLC dba Blue Orchid
               for the addition of a catering license to its
               Class I liquor license at 129 North 10th Street,
               #111.  (ADOPTED FOR APPROVAL, 7-0; A-86334)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)

     NONE


PUBLIC HEARING - RESOLUTIONS

 6)  11R-111   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of April 16 -30,
               2011.  (AMENDED TO REMOVE NED SHARP CLAIM, 7-0; 
               ADOPTED AS AMENDED, 7-0; A-86335)
               Fact Sheet (14K)
               Attachment (19K)

                     - END PUBLIC HEARING -


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

 7)  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.
               (PASSED, 7-0; #19536)
               Fact Sheet (88K)

 8)  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. (PASSED, 7-0; #19537)
               Fact Sheet (91K)

 9)  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.
               (PASSED, 7-0; #19538)
               Fact Sheet (92K)

10)  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.
               (PASSED, 7-0; #19539)
               Fact Sheet (88K)

11)  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.
               (PASSED, 7-0; #19540)
               Fact Sheet (88K)

12)  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.
               (PASSED, 7-0; #19541)
               Fact Sheet (93K)

13)  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. (PASSED, 7-0; #19542)
               Fact Sheet (91K)

14)  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 within 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
               eight 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.
               (MTA #4 ADOPTED, 7-0; MTA #2 ADOPTED, 7-0; 
               PASSED AS AMENDED, 7-0; #19543)
               Attachment (82K)
               Motion To Amend 1 (6K)
               Motion To Amend 2 (7K)
               Motion To Amend 4 (7K)

RESOLUTIONS - ACTION ONLY

15)  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. (5/9/11 -
               Action Delayed 1 wk to 5/16/11)
               (ACTION DELAYED ONE WEEK TO 5/23/11, 7-0)
               Fact Sheet (3589K)

16)  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. (5/9/11 -
               Action Delayed 1 wk to 5/16/11)
               (ADOPTED, 7-0; A-86336)
               Fact Sheet (102K)
               Attachment (34K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

17)  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)

18)  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)

19)  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)

20)  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)

21)  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)

22)  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)

23)            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)

24)  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)

25)  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)

26)  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)

27)  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)

28)  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. (5/2/11 - Action
               delayed 1 wk  w/P.H. on 5/9/11) (5/9/11 -
               Placed on Indefinite Pending)
               Fact Sheet (19K)
               Attachment (350K)


   WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, MAY 23, 2011, AT 5:30 P.M.
                                                   (APPROVED, 7-0)

29)  11R-112   Appointing Dr. Sarah Cada, April Rimpley, Kyle
               Michaelis and Mark Hunzeker to the
               Lincoln/Lancaster County EMS Oversight
               Authority, Inc. for four-year terms to expire on
               May 16, 2015. (5/9/11 - Introduction
               suspended 1 wk to 5/16/11)
               Attachment (295K)


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   3:20 P.M.



                NEWLY ELECTED & RE-ELECTED CITY COUNCIL


           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, MAY 16, 2011 AT 3:00 P.M.
   (Immediately following the Adjournment of the Current City Council)

                         ALL MEMBERS PRESENT

      OATH OF OFFICE - NEWLY ELECTED COUNCIL MEMBER CARL ESKRIDGE
              OATH OF OFFICE - RE-ELECTED COUNCIL MEMBERS
                  JON CAMP, JONATHAN COOK, DOUG EMERY


COUNCIL CHAIR (ACTING MAYOR) JOHN SPATZ CALLS THE MEETING TO
ORDER AND CONDUCTS ELECTION OF COUNCIL CHAIRPERSON (Calls
for Nominations from Council Members) - (EUGENE CARROLL ELECTED 
AS COUNCIL CHAIR, 7-0)


CHAIRPERSON CONDUCTS ELECTION OF VICE CHAIR (Calls for
Nominations from Council Members) - (ADAM HORNUNG ELECTED 
AS VICE CHAIR, 7-0)


PUBLIC HEARING - RESOLUTIONS

 1)  11R-121   A resolution in appreciation of John Spatz for
               his service to the City as a member of the City
               Council. (ADOPTED, 7-0; A-86337)

                         - CONSENT AGENDA -


REPORTS OF CITY OFFICERS

 2)            Resolution approving the distribution of funds
               representing interest earnings on short-term
               investments of Idle Funds during the month ended
               March 31, 2011. (ADOPTED, 7-0; A-86338)

 3)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on May 2, 2011.  (PLACED ON FILE)

 4)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on May 9, 2011.  (PLACED ON FILE)

 5)            Report from City Treasurer of franchise tax for
               the months of January, February and March 2011
               from Black Hills/Nebraska Gas Utility Co., LLC. 
               (PLACED ON FILE)

 6)            Report from the City Treasurer of quarterly
               franchise tax for the period ending December 31,
               2010 from Time Warner Cable.  (PLACED ON FILE)

 7)            Report from City Treasurer of E911 surcharge for
               4th Quarter 2010:  ACN Communication 
               Services, TWC Digital Phone, Windstream; 
               December 2010:  Charter Fiberlink - 
               Nebraska, LLC, Granite Telecomm., Level 3 Comm.; 
               1st Quarter 2011: ACN Comm. Services, 
               Airespring, Inc.; January 2011: 8x8, Inc.; 
               ACN Comm., AT&T Comm. of Midwest; Budget Prepay, 
               Charter Fiberlink - Nebraska, LLC, Granite 
               Telecomm., iNetworks Group, Level 3 Comm., 
               Qwest Comm., Staples, TWC Digital Phone, 
               Vonage America; February 2011: 8x8, Inc., 
               ACN Comm., AT&T Comm. of Midwest, Budget Prepay, 
               Charter Fiberlink - Nebraska, LLC, Granite Telecomm., 
               iNetworks Group, Level 3 Comm., Qwest Comm., 
               TWC Digital Phone, Vonage America; 
               March 2011: 8x8, Inc., ACN Comm. 
               Services, AT&T Comm. of Midwest, Budget 
               Prepay, Granite Telecomm., iNetworks
               Group, Level 3 Comm., Qwest Comm., TWC Digital
               Phone, Vonage America.  (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 8)            Informal petition to create a paving district on
               North 36th Street from Gladstone to Hartley
               Streets submitted by R. Michael Ayars of Ayars &
               Ayars, Inc. (REFERRED TO PUBLIC WORKS DEPT. 
               ON 5/09/11)


 9)  MISCELLANEOUS REFERRALS - NONE

                        -END CONSENT AGENDA -

                       - END PUBLIC HEARING -


ORDINANCES 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 10 
THRU 18 HAD 1ST READING)

10)  11-60     Amending Chapter 8.32 of the Lincoln
               Municipal Code relating to Solid Wastes by
               amending Section 8.32.010 to add the
               definition of "dwelling"; adding a new
               section numbered 8.32.205, Garbage Service
               to be Provided, and amending Sections
               8.32.210 and 8.32.220 to require garbage
               service for every dwelling in the city.
               Fact Sheet (141K)

11)  11R-116   Approving the U.S. Hwy. 34 & West Fletcher
               Avenue Conditional Zoning Agreement between the
               City of Lincoln and Par 5 Partners, LLC for a
               change of zone from R-3 Residential District, 
               O-2 Suburban Office District and AG Agriculture
               District to I-2 Industrial Park District and to
               control access to West Fletcher Avenue, on
               property generally located at Highway 34 and
               West Fletcher Avenue. (Related Items: 11R-116, 
               11-61) (Action Date: 6/6/11)
               Attachment (13K)

12)  11-61     Change of Zone No. 10028 - Application of
               Par 5 Partners, LLC, for a change of zone
               from O-2 Suburban Office District, R-3
               Residential District and AG Agriculture
               District to I-2 Industrial Park District on
               property generally located at US Highway 34
               and West Fletcher Ave. (Related Items:
               11R-116, 11-61) (Action Date: 6/6/11)
               Fact Sheet (516K)

13)  11-62     Change of Zone No. 11010 - Application of
               John McArthur for a change of zone from H-3
               Highway Commercial District to I-1
               Industrial District on property generally
               located at North 39th Street and Cornhusker
               Highway.
               Fact Sheet (513K)

14)  11-63     Change of Zone No. 11011 - Amending Title
               27 of the Lincoln Municipal Code to allow
               Agricultural Attractions in the AG
               Agriculture District by amending Chapter
               27.03 to add a new section numbered
               27.03.043 to define "Agricultural
               Attraction;" amending Section 27.07.030 to
               establish an Agricultural Attraction as a
               conditional use in the AG Agriculture
               District; and amending Section 27.67.040 to
               provide parking requirements for
               Agricultural Attractions.
               Fact Sheet (17K)

15)  11-64     Change of Zone No. 11012 - Application of
               Mark Bousek for a change of zone from R-2
               Residential District to R-4 Residential
               District on property generally located at
               North 70th Street and Cleveland Avenue.
               Fact Sheet (778K)

16)  11-65     Change of Zone No. 11013 - Application of
               Eiger Corp. for a change of zone from AG
               Agriculture District to B-5 Planned
               Regional Business District on property
               generally located at South 84th Street and
               Pine Lake Road.
               Fact Sheet (522K)

17)  11-66     Change of Zone No. 11014 - Application of
               Larry Buller to designate the property at
               2943 Garfield Street as a Historic
               Landmark. (Related Items: 11-66, 
               11R-114) (Action Date: 6/6/11)
               Fact Sheet (969K)
               Attachment (235K)

18)  11R-114   Special Permit No. 11007 - Historic Preservation
               application of Larry Buller to adjust the side
               yard and parking requirements on property
               generally located at 2943 Garfield Street.
               (Related Items: 11-66, 11R-114) (Action Date:
               6/6/11)
               Fact Sheet (786K)


   WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
      PUBLIC HEARING ON MONDAY, MAY 23, 2011, AT 5:30 P.M.
                                                   (APPROVED, 7-0)

19)  11R-120   Approving a Contract Agreement between the City
               and KCI, Inc. for Fibre Channel Switches and
               Installation, pursuant to Quote 3479, for a
               two-year term.
               Fact Sheet (114K)
               Attachment (1506K)

20)  11R-115   Use Permit No. 56F - Application of Menard,
               Inc., for authority to add a garden center and
               outdoor warehouse, with a waiver to reduce the
               required parking ratio, on property generally
               located at North 27th Street and Cornhusker
               Highway.
               Fact Sheet (1147K)

21)  11R-117   Approving the Fiber and Conduit Sharing
               Agreement between the City of Lincoln, Lancaster
               County, the District Energy Corporation and
               Unite Private Networks, LLC, relating to the
               installation, operation and maintenance of a
               private network within certain streets and
               public rights of way within publicly owned
               facilities of the parties.
               Fact Sheet (13K)
               Attachment (1166K)

22)  11R-118   To provide authority to assess property owners
               for the cost of snow and ice removal by the City
               from sidewalks adjacent to their property during
               the winter season of 2010 - 2011.
               Fact Sheet (12K)


ADJOURNMENT   3:33 P.M.


                                    ***
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           which is broadcast live at 3:00 p.m. every Monday and
               at 5:30 p.m. on the last Monday of each month
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