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Formal Agenda


           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                  MONDAY, AUGUST 15, 2011 AT 3:00 P.M.

                          ALL MEMBERS PRESENT

                      MAYOR'S AWARD OF EXCELLENCE
               FOR THE MONTH OF JULY 2011 WAS PRESENTED TO
                   THIEN DANG, FIREFIGHTER/PARAMEDIC
                OF THE LINCOLN FIRE & RESCUE DEPARTMENT
           IN THE CATEGORIES OF CUSTOMER RELATIONS AND VALOR

                             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)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on August 1, 2011.  (PLACED ON FILE)

 2)            Resolution approving the City of Lincoln's
               Investment Activity Report from the City
               Treasurer for the Third Quarter, Fiscal Year
               2010-11. (ADOPTED, 7-0; A-86446)


PETITIONS & COMMUNICATIONS

 3)            Setting the hearing date of Monday, August 22,
               2011 at 3:00 p.m. for the application of Will-
               Mack, LLC dba Hour Lounge for a Class C liquor
               license located at 101 N. 14th St., Suite 6.
               (ADOPTED, 7-0; A-86447)

 4)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 11019 to
               Special Permit No. 1870A, Stevens Creek Ridge
               Community Unit Plan, approved by the Planning
               Director on August 8, 2011 requested by Gerry
               and Dianne Krieser to add two lots as provided
               for in Resolution PC-00863 and R-82824 on
               property generally located at N. 134th St. and
               Holdrege St.

 5)            REFERRALS TO THE PLANNING DEPARTMENT:
               Change of Zone No. 11026 - Requested by
               Ben and Nancy Sand amending Title 27 of the
               Lincoln Municipal Code, the Zoning Code, by
               adding a new section numbered 27.03.225 to add
               the definition of "farm winery"; amending
               Section 27.07.040 to allow farm wineries as a
               permitted special use in the AG Agriculture
               District; amending Section 27.63.680 to allow a
               farm winery operating under a permitted special
               use to be located within 100 feet of a
               residential district; amending Section 27.63.685
               to provide that a special permit or amendment
               thereto shall not be required for interior
               expansions of an existing licensed farm winery;
               adding a new section numbered 27.63.810 to
               provide conditions for granting a special permit
               to allow a farm winery in the AG Agriculture
               District; and repealing Sections 27.07.040,
               27.63.680, and 27.63.685 of the Lincoln
               Municipal Code as hitherto existing.
               Change of Zone No. 11030 - Requested by
               Brad Alderman from R-2 Residential District to
               O-3 Office Park District on property generally
               located at Highway 77 and West A Street.
               Use Permit No. 126C - Requested by
               Wilderness Woods Holdings, LLC for an amendment
               to the Wilderness Woods Office Park to reduce
               the amount of office square footage permitted
               from 275,000 square feet to 225,000 square feet
               and permit 186 dwelling units, with a request
               that required residential parking spaces may be
               located on a driveway behind a garage that is
               attached to a dwelling unit, on property
               generally located at Executive Woods Drive and
               Yankee Hill Road.
               Use Permit No. 11001 - Requested by Brad
               Alderman to allow for general and/or medical
               office uses on property generally located at
               Highway 77 and West A Street.


 6)  MISCELLANEOUS  REFERRALS - NONE

                       - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

 7)            Application of EMJS Inc. for a Class C liquor
               license at 1427 O Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-86448)

 8)            Manager application of Joshua J. Root for EMJS
               Inc. at 1427 O Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-86449)

 9)            Application of Hy-Vee, Inc. dba Hy-Vee #1 Gas
               for a Class D liquor license at 250 North 52nd
               Street. (ADOPTED FOR APPROVAL, 7-0; A-86450)

10)            Manager application of Scott A. Schlatter for
               Hy-Vee #1 Gas at 250 North 52nd Street.
               (ADOPTED FOR APPROVAL, 7-0; A-86451)


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

11)  11-120    Change of Zone 11025 - Amending Section
               27.35.020 of the Lincoln Municipal Code relating
               to Permitted Uses in the B-4 Lincoln Center
               Business District to prohibit sexually oriented
               live entertainment establishments in all areas
               of the B-4 zoning district.
               Fact Sheet (1057K)

12)  11-121    Comp. Plan Conformance 11007 - Declaring
               approximately 2.5 acres of previously vacated
               property generally located at the southwest
               corner of North 14th Street and Manatt Street as
               surplus and authorizing the sale thereof.
               (Related Items: 11-121, 11-122, 11R-191)
               (Action Date: 8/22/11)
               Fact Sheet (428K)

13)  11-122    Vacation 11008 - Vacating North 13th Street from
               Manatt Street south to the north line of vacated
               North 13th Street; vacating Hartley Street from
               the west right-of-way line of North 14th Street
               to the east right-of-way line of North 13th
               Street; and vacating the east-west alley from
               the west right-of-way line of North 14th Street
               to the east right-of-way line of North 13th
               Street, generally located at North 13th Street
               and Hartley Street. (Related Items: 11-121,
               11-122, 11R-191) (Action Date: 8/22/11)
               Fact Sheet (405K)

14)  11R-191   Approving an Agreement between the City of
               Lincoln and Lancaster County School District 001
               for the sale and/or exchange of property related
               to the vacation and surplus of property
               generally located at N. 13th Street and Manatt
               Street. (Related Items: 11-121, 11-122, 11R-
               191) (Action Date: 8/22/11)
               Fact Sheet (13K)
               Attachment (509K)


PUBLIC HEARING - RESOLUTIONS

15)  11R-188   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of July 16 - 31,
               2011. (ADOPTED, 7-0; A-86452)
               Fact Sheet (14K)
               Attachment (20K)

16)  11R-183   Approving the Contract Agreement between the
               City and X-Tra Kleen, Inc. for the annual
               cleaning services for StarTran Facilities,
               pursuant to Bid No. 11-141 for a two-year term
               with the option to renew for one additional two-
               year term. (ADOPTED, 7-0; A-86453)
               Fact Sheet (126K)
               Attachment (3453K)

17)  11R-184   Approving a multiple-year Management Contract
               for Downtown Business Improvement Districts
               between the City and the Downtown Lincoln
               Association for a four-year term.
               (ADOPTED, 7-0; A-86454)
               Fact Sheet (100K)
               Attachment (2523K)

18)  11R-190   Amending Resolution No. A-86391 to change the
               date of public hearing on the creation of the
               Havelock Business Improvement District from July
               18, 2011 to September 12, 2011.
               (ADOPTED, 7-0; A-86455)
               Fact Sheet (132K)
               Attachment (298K)

19)  11R-185   Approving a Preliminary Engineering Agreement
               between the City and Kirkham Michael &
               Associates for engineering services for the
               Cavett Connector Trail Project, NDOR Project No.
               ENH-55(172) generally located near 34th and
               Yankee Hill Road. (ADOPTED, 7-0; A-86456)
               Fact Sheet (119K)
               Attachment (2740K)

20)  11R-186   Approving an Interlocal Agreement between the
               City and the Lincoln Housing Authority for
               rehabilitation of the channel along the south
               side of Pine Lake Road west of South 22nd
               Street. (ADOPTED, 7-0; A-86457)
               Fact Sheet (13K)
               Attachment (454K)

21)  11R-187   Hearing on the appeal of Ameeta Martin from the
               determination of Impact Fees imposed for the
               non-residential building located at 7301 South
               27th Street, Suite 150 and requesting a waiver
               or reduction of said fees. (CON'T P.H. W/ACTION 
               IN TWO WEEKS TO 8/29/11, 6-1; CAMP, CARROLL, COOK, 
               ESKRIDGE, HORNUNG, SNYDER ASSENTING; EMERY DISSENTING)
               Fact Sheet (18K)
               Attachment (218K)

22)  11R-189   Approving a Consultant Agreement between the
               City of Lincoln and SRF Consulting Group, Inc.
               for Financial and Operational Analysis of
               StarTran. (ADOPTED, 7-0; A-86458)
               Fact Sheet (92K)
               Attachment (1429K)

                       - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEM 23 
HAD 1ST READING)

23)  11-123    Approving the First Amendment to Lease Agreement
               between the City of Lincoln and Lancaster County
               School District 001 for an additional 3,425
               square feet of space for use by Lincoln Public
               Schools at 949 West Bond Street.
               Fact Sheet (12K)
               Attachment (505K)


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

24)  11-119    Approving the close out of completed
               construction projects and transfer of unspent
               appropriations and cash (if any) from various
               projects to projects where additional funding is
               needed within the Public Works & Utilities
               Department and the Parks & Recreation
               Department. (PASSED, 7-0; #19598)
               Fact Sheet (12K)

25)  11-110    Amending Section 2.76.155 of the Lincoln
               Municipal Code, Compensation Plan: Longevity
               Pay, for employees in the pay range prefixed by
               the letter "E" to be effective August 18, 2011.
               (PASSED, 6-1; CAMP, CARROLL, COOK, EMERY, ESKRIDGE, 
               SNYDER ASSENTING; HORNUNG DISSENTING; #19599)
               Fact Sheet (23K)

26)  11-111    Amending Section 2.76.395 of the Lincoln
               Municipal Code, Vacation Leave with Pay, for
               part-time and unrepresented employees to
               coincide with the CIR order for employees in pay
               ranges for "N" and "X" to be retroactively
               effective August 19, 2010. (PASSED, 7-0; #19600)
               Fact Sheet (23K)

27)  11-112    Amending the pay schedules for certain employee
               groups by adjusting the schedules of annual,
               monthly, biweekly and hourly pay range
               equivalents for employees whose classifications
               are assigned to the pay ranges of "A" and "C" to
               be effective August 18, 2011. (PASSED, 6-1; CAMP, 
               CARROLL, COOK, EMERY, ESKRIDGE, SNYDER ASSENTING; 
               HORNUNG DISSENTING; #19601)
               Fact Sheet (22K)
               Attachment (1748K)

28)  11-113    Amending the pay schedules for a certain
               employee group by adjusting the schedules of
               annual, monthly, biweekly and hourly pay range
               equivalents for employees whose classifications
               are assigned to the pay range of "B" to be
               effective August 18, 2011. (PASSED, 6-1; CAMP, 
               CARROLL, COOK, EMERY, ESKRIDGE, SNYDER ASSENTING; 
               HORNUNG DISSENTING; #19602)
               Fact Sheet (22K)

29)  11-114    Amending the pay schedules for a certain
               employee group by adjusting the schedules of
               annual, monthly, biweekly and hourly pay range
               equivalents for employees whose classifications
               are assigned to the pay range of "E" to be
               effective August 18, 2011. (PASSED, 6-1; CAMP, 
               CARROLL, COOK, EMERY, ESKRIDGE, SNYDER ASSENTING; 
               HORNUNG DISSENTING; #19603)
               Fact Sheet (23K)
               Attachment (320K)


PENDING LIST - DATE CERTAIN

30)  11R-180   Adopting the 2011/12 City of Lincoln Annual
               Operating Budget and Capital Improvement Program
               for FY 2016/17. (Action Date: 8/22/11)


PENDING LIST   (EXTENDED ONE WEEK)

31)  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)

32)  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)

33)  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)

34)  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)

35)  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)

36)  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)

37)            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)

38)  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)

39)  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)

40)  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)

41)  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)

42)  11-69     Amending the pay schedule for a certain
               employee group by creating the
               classifications of "Library Service
               Associate", "Library Service Supervisor",
               "Librarian", "Library Manager", and
               "Library Coordinator." (6/6/11 - Public
               Hearing delayed 2 weeks to 6/20/11)
               (6/13/11 - Indefinite Pending)
               Fact Sheet (135K)
               Attachment (42K)


   WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
    PUBLIC HEARING ON MONDAY, AUGUST 22, 2011, AT 3:00 P.M.
                                                 (APPROVED, 7-0)

43)  11R-192   Appointing Amy Ostermeyer to the City Personnel
               Board for a five year term expiring June 22,
               2016.
               Attachment (176K)

44)  11R-197   Reappointing Emily Casper, Scott Hofeling, and
               John Williams to the Community Forestry Advisory
               Board for terms expiring August 17, 2014.

45)  11R-193   Approving the First Renewal to Contract for
               Armored Car Services between the City of
               Lincoln and Rochester Armored Car for a
               period of two years, pursuant to Bid No.
               09-209.
               Fact Sheet (110K)
               Attachment (444K)

46)  11R-194   Approving an Agreement between the City of
               Lincoln on behalf of the Lincoln-Lancaster
               County Health Department and Smiths Detection
               for use of the Smith Detection HazMat ID System
               for a three year term.
               Fact Sheet (84K)
               Attachment (973K)

47)  11R-195   Approving an Interlocal Agreement between the
               City of Lincoln on behalf of the Lincoln-
               Lancaster County Health Department and Lancaster
               County for assistance with Pandemic Flu
               Preparedness and Response for a term of July 1,
               2011 through December 31, 2011.
               Fact Sheet (87K)
               Attachment (409K)

48)  11R-196   Approving the Labor Contract between the City of
               Lincoln and the Lincoln M Class Employees
               Association to be effective August 18, 2011.
               Fact Sheet (87K)
               Attachment (69K)
               Attachment 2 (54K)


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 AUGUST ARE THE
     15TH AND 29TH.


ADJOURNMENT   4:39 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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