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Formal Agenda


          ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
               MONDAY, SEPTEMBER 19, 2011 AT 3:00 P.M.

                        ALL MEMBERS PRESENT

                    MAYOR'S AWARD OF EXCELLENCE
                FOR THE MONTH OF AUGUST 2011 PRESENTED TO
         TIMOTHY GARRISON OF THE PARKS & RECREATION DEPARTMENT
                         IN THE CATEGORIES OF
         CUSTOMER RELATIONS, LOSS PREVENTION AND PRODUCTIVITY

                           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-221   Appointing Nate Sanks to the Water Conditioning
               Board of Examiners for a three-year term
               expiring September 4, 2014. 
               (ADOPTED, 6-0; A-86497)
               Attachment (136K)

 2)  11R-222   Reappointing Matt Morrissey to the Examining
               Board of Plumbers for a three-year term expiring
               September 4, 2014. (ADOPTED, 6-0; A-86498)

 3)  11R-223   Reappointing Matt Morrissey to the Water
               Conditioning Board of Examiners for a three-year
               term expiring September 4, 2014. (ADOPTED, 6-0; 
               A-86499)

 4)  11R-227   Approving the appointment of Fred Hoke as
               Director of the Building and Safety Department
               effective September 19, 2011. 
               (ADOPTED, 6-0; A-86500)

 5)            Report from the City Treasurer of franchise tax
               for the period ending June 30, 2011 from Time
               Warner Cable. (PLACED ON FILE)

 6)            Report from City Treasurer of franchise tax for
               the months of April, May, June and July, 2011
               from Black Hills/Nebraska Gas Utility Co., LLC. 
               (PLACED ON FILE)

 7)            Report from City Treasurer of E911 surcharge for
               4th Quarter 2010: Nebraska Technology & 
               Telecomm.; 1st Quarter 2011: Windstream, 
               TWC Digital Phone; March 2011: 
               Charter Fiberlink - Nebraska, LLC; 
               April 2011: ACN Comm. Services, AT&T
               Comm. of Midwest, Budget Prepay, Charter
               Fiberlink - Nebraska, LLC, 8x8, Inc., Granite
               Telecomm., Level 3 Comm., Nebraska Technology &
               Telecomm., Qwest Comm., TWC Digital Phone,
               Vonage America; May 2011: ACN Comm.
               Services, AT&T Comm. of Midwest, Budget Prepay,
               Charter Fiberlink - Nebraska, LLC, 8x8, Inc.,
               Granite Telecomm., iNetworks Group, Level 3
               Comm., Qwest Comm., TWC Digital Phone, LLC, Vonage
               America; 2nd Quarter 2011: ACN Comm. 
               Services, Airespring, Inc., Globalinx, TWC
               Digital Phone, LLC, Windstream; June
               2011: ACN Comm. Services, AT&T Comm. of
               Midwest, Budget Prepay, Charter Fiberlink -
               Nebraska, LLC, 8x8, Inc., Granite Telecomm.,
               iNetworks Group, Level 3 Comm., Qwest Comm., TWC
               Digital Phone, LLC, Vonage America; July
               2011: ACN Comm. Services, AT&T Comm. of
               Midwest, Budget Prepay, 8x8, Inc., Granite
               Telecomm., iNetworks Group, Level 3 Comm., Qwest
               Comm., TWC Digital Phone, Vonage America;
               August 2011: Nebraska Technology & Telecomm.
               (PLACED ON FILE)

 8)            Report of settlement of non tort claims.
               (PLACED ON FILE)
	       Report

PETITIONS & COMMUNICATIONS

 9)            Informal petition to create a Water District on
               property located at 2908 SW 6th Street submitted
               by Joseph & Elaine Egner. 
               (REFERRED TO PUBLIC WORKS ON 9/14/11)

10)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 11047 to Use
               Permit No. 89C approved by the Planning Director
               on September 7, 2011 requested by Olsson
               Associates to revise the note on the land use
               table regarding the allocation of retail,
               service and office uses on property generally
               located at S. 16th St. and Pine Lake Rd. 


11)  MISCELLANEOUS  REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 12 
THRU 15 HAD 2ND READING)

12)  11-139    Amending Chapter 14.56 of the Lincoln Municipal
               Code relating to Works of Art by amending
               Section 14.56.030 to reserve the right to
               determine the appropriateness of placing art
               work on City owned property; amending Section
               14.56.040 to change the approval process for
               placement of art work on City owned property;
               amending Section 14.56.070 to authorize the
               Director of Parks and Recreation to supervise
               installation and maintenance of art work on City
               owned property outside of street right-of-way;
               amending Section 14.56.090 to move the authority
               to suspend or revoke a license agreement from
               the City Council to the Mayor; amending Section
               14.56.100 to change insurance requirements;
               amending Section 14.56.110 to change the length
               of license agreements; amending Section
               14.56.120 to change the application fee; adding
               a new section numbered 14.56.130 to require the
               Mayor to develop one or more master plans for
               art work on City owned property; adding a new
               section numbered 14.56.140 to call for approval
               of public art master plans by the City Council;
               and adding a new section numbered 14.56.150 to
               provide for review of master plans.
               Fact Sheet (19K)

13)  11-140    Change of Zone 11026 - 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;
               and 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.
               Fact Sheet (30K)

14)  11-141    Change of Zone 11030 - Application of Brad
               Alderman, DDS, for a change of zone from R-2
               Residential District to O-3 Office Park District
               on approximately 3.6 acres generally located at
               West A Street and U.S. Highway 77.
               Fact Sheet (530K)
               Attachment (38K)

15)  11-142    Misc. No. 11004 - Amending Title 26 of the
               Lincoln Municipal Code, the Land Subdivision
               Ordinance by amending Section 26.11.060 to
               provide that the Planning Director shall within
               ten (10) days following receipt of all required
               city department approvals or reports notify the
               subdivider of approval, conditional approval or
               disapproval of a final plat; amending Section
               26.19.010 to allow utility provider release of
               easement and lien holder consent and
               subordination signature blocks and
               acknowledgments to be attached to final plats on
               separate 8 1/2" x 11" sheets; and amending
               Section 26.19.035 to revise the additional
               information required to be submitted with a
               final plat.
               Fact Sheet (22K)


PUBLIC HEARING - RESOLUTIONS

16)  11R-217   Approving a schedule of fees the City may charge
               for ambulance service. (ADOPTED, 4-2; CARROLL, COOK, 
               EMERY, ESKRIDGE ASSENTING; CAMP, HORNUNG DISSENTING; 
               A-86501)
               Fact Sheet (246K)
               Attachment (7K)

17)  11R-218   Approving an Agreement between the City of
               Lincoln on behalf of the Lincoln-Lancaster
               County Health Department and Lancaster County on
               behalf of the Lancaster County Corrections
               Community Service Program to conduct roadside
               litter pickup along county roads by inmates.
               (ADOPTED, 6-0; A-86502)
               Fact Sheet (88K)
               Attachment (383K)

18)  11R-219   Approving an Agreement between the City of
               Lincoln and Lancaster County for construction of
               turn lanes on Holdrege Street at 95th Street.
               (ADOPTED, 6-0; A-86503)
               Fact Sheet (12K)
               Attachment (837K)

19)  11R-220   Special Permit 1174H - Application of Chateau
               Development LLC to expand the boundary of the
               existing Chateau Community Unit Plan to add
               approximately 1.41 acres of R-2 zoned property
               to the north and to add eight units to the
               existing total of 1,294 approved dwelling units
               on property generally located south of North
               63rd Street and Holdrege Street.
               (MTA #1 ADOPTED, 6-0; ADOPTED AS AMENDED, 6-0; 
               A-86504)
               Fact Sheet (1961K)

20)  11R-225   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of August 16 -
               31, 2011. (ADOPTED, 6-0; A-86505)
               Fact Sheet (14K)
               Attachment (21K)

21)  11R-226   Authorizing and supporting the City of Lincoln's
               application to the State of Nebraska Game and
               Parks Commission for financial assistance from
               the Recreational Trails Program for replacing a
               portion of the hiker/biker trail in Pioneers
               Park from the east entrance of the park at
               Coddington Ave. to the north road in the park
               near the sled run. (ADOPTED, 6-0; A-86506)
               Fact Sheet (100K)

                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 22 
& 23 HAD 1ST READING)

22)  11-143    Creating and ordering construction of Sidewalk
               Improvement District No.   96   in various
               locations within the City and assessing the cost
               against the benefitted property.
               Fact Sheet (12K)
               Attachment (8782K)

23)  11-145    Amending Chapter 8.46 of the Lincoln Municipal
               Code relating to Weed Abatement by adding a new
               section numbered 8.46.005 to provide definitions
               for certain words and phrases used in this
               chapter; adding a new section numbered 8.46.015
               to designate the Lancaster County Weed Control
               Authority as the agency to provide, execute and
               operate a weed control program for and on behalf
               of the City; repealing Section 8.46.020, City
               May Cause Removal of Weeds; adding a new section
               numbered 8.46.022, Notice of Weed Control
               Activities, to provide procedures for providing
               notice of control activity; adding a new section
               numbered 8.46.024, Collection of Costs, to
               provide for a notice of potential lien to be
               recorded in real estate records; adding a new
               section numbered 8.46.026, Service of Notice,
               modify the method of service of notices issued
               pursuant to this chapter; adding a new section
               numbered 8.46.028, Liens & Collections, to
               provide a procedure for collection of costs and
               release of liens; amending Section 8.46.030 to
               provide that the Weed Control Authority report
               weed assessment costs to the City Council;
               amending Section 8.46.040 to designate the Weed
               Control Authority as the City's agent for weed
               assessment collections; and adding a new section
               numbered 8.46.045 to provide for appeals.
               Fact Sheet (19K)

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

24)  11-131    Amending Chapters 2.62, 2.65, and 2.66 of the
               Lincoln Municipal Code relating to the Police
               and Fire Pension Plans A, B and C, respectively,
               by amending Sections 2.62.045, 2.65.045, and
               2.66.045 relating to the Operation of the
               Deferred Retirement Option Plan (DROP) to
               provide that Fire Fighter members shall receive
               a 13th check during DROP participation; and
               amending Sections 2.62.140, 2.65.140, and
               2.66.107 relating to Cost of Living Adjustments
               to provide that Fire Fighters' $15,000 credit
               toward the purchase of a cost-of-living
               adjustment be reduced by the sum of 13th check
               payments received as a DROP participant.
               (PASSED, 5-1; CARROLL, COOK, EMERY, ESKRIDGE, 
               HORNUNG ASSENTING; CAMP DISSENTING; #19615)
               Fact Sheet (92K)

25)  11-132    Amending Sections 2.62.090, 2.65.090, and
               2.66.085 of the Lincoln Municipal Code to
               increase the review period for Disability
               Retirement Benefits for the Police and Fire
               Pension Plans A, B and C, respectively, from
               three to five years. (PASSED, 6-0; #19616)
               Fact Sheet (89K)

26)  11-133    Amending Section 4.62.010 of the Lincoln
               Municipal Code relating to the Police and Fire
               Pension Plan Investment Board to provide
               staggered terms for members elected by the
               Police and Fire Departments. (PASSED, 6-0; #19617)
               Fact Sheet (88K)

27)  11-134    Amending Section 4.64.020 of the Lincoln
               Municipal Code relating to Disability Pension
               Applications; Procedure and Appeal to allow
               exams to include those performed by medical
               professionals other than physicians or
               psychiatrists. (PASSED, 6-0; #19618)
               Fact Sheet (88K)

28)  11-135    Amending Section 2.76.380 of the Lincoln
               Municipal Code relating to Sick Leave with Pay
               to provide that unrepresented "M" employees
               coincide with "M" Labor Contract changes and
               making the changes retroactively effective as of
               August 18, 2011. (MTA #1 ADOPTED, 6-0; PASSED AS 
               AMENDED, 5-1; CAMP, CARROLL, COOK, EMERY, ESKRIDGE 
               ASSENTING; HORNUNG DISSENTING; #19619)
               Fact Sheet (89K)

29)  11-136    Amending Section 2.78.020 of the Lincoln
               Municipal Code relating to Management
               Compensation Plan Annual Leave to clarify when
               new vacation hours go into effect each year for
               "M" employees not represented by Labor Contract
               and Directors. (PASSED, 6-0; #19620)
               Fact Sheet (90K)

30)  11-137    Amending Section 2.78.027 of the Lincoln
               Municipal Code relating to Management
               Compensation Plan Longevity Pay to provide that
               unrepresented "M" employees coincide with "M"
               Labor Contract changes and making the changes
               retroactively effective as of August 18, 2011.
               (PASSED, 4-2; CARROLL, COOK, EMERY, ESKRIDGE 
               ASSENTING; CAMP, HORNUNG DISSENTING; #19621)
               Fact Sheet (91K)

31)  11-138    Creating a Business Improvement District for the
               maintenance, repair and reconstruction of
               certain public facilities and improvements
               within the area generally located along Havelock
               Avenue from Cornhusker Highway on the west to
               64th Street on the east and providing for
               special assessments to be imposed within the
               district. (PASSED, 6-0; #19622)
               Fact Sheet (132K)
               Attachment (169K)


PENDING LIST - DATE CERTAIN

32)  11R-224   Approving an Agreement between the City of
               Lincoln and Lancaster County for a Combined Weed
               Control Program to provide for abatement and
               control of noxious weeds, common weeds and
               worthless vegetation within the limits of the
               City. (9/12/11 - Placed on Pending to have
               Public Hearing & Action on 10/3/11)
               (Request to have Public Hearing on 9/26 with
               Action on 10/3/11) (TO HAVE P.H. ON 9/26/11 
               W/ACTION ON 10/3/11, 6-0)
               Fact Sheet (113K)
               Attachment (550K)


PENDING LIST   (EXTENDED ONE WEEK, SEE ITEM 43)

33)  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)

34)  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)

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 Fund, 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)
               Fact Sheet (1367K)

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)

41)  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)

42)  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)

43)  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)  
               (Request to remove from Pending for
               Public Hearing on 9/26/11, 3rd Reading 
               with Action on 10/3/11) (REMOVED FROM PENDING 
               TO HAVE P.H. ON 9/26/11, 3RD READING W/ACTION 
               ON 10/3/11, 6-0)
               Fact Sheet (135K)
               Attachment (42K)


   A SPECIAL PUBLIC HEARING SHALL BE HELD ON MONDAY, SEPTEMBER 26,
        2011, AT 5:30 P.M. OR AS SOON THEREAFTER AS POSSIBLE
                 ON THE FOLLOWING RESOLUTION

44)  11R-228   Approving the 2011-12 City tax rate of 0.31580
               per $100.00 of assessed valuation.
               Fact Sheet (80K)


   WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
  PUBLIC HEARING ON MONDAY, SEPTEMBER 26, 2011, AT 5:30 P.M.
                                                 (APPROVED, 6-0)

45)  11R-229   Approving an Amendment to Agreement for Waste
               Hauling Services between the City, Lancaster
               County, Lincoln Lancaster County Public Building
               Commission and Waste Connections of Nebraska 
               for an additional two-year term and a 3% price
               increase pursuant to Bid No. 09-212 for use by
               all City Departments for the collection of waste
               as needed.
               Fact Sheet (115K)
               Attachment (265K)

46)  11R-230   Approving an Interlocal Agreement between the
               City, Lancaster County and the Railroad
               Transportation Safety District providing for
               RTSD Funding for the South Lincoln Quiet Zone
               and the City's and County's acceptance of
               ownership and maintenance of the safety
               improvements constructed in each respective area
               at Park Boulevard, South Street, Pioneers
               Boulevard, Old Cheney Road, South 14th Street
               and Saltillo Road, City Project No. 702618.
               Fact Sheet (13K)
               Attachment (821K)

47)  11R-231   Approving an Interlocal Agreement between the
               City and the Railroad Transportation Safety
               District to accept the transfer of RTSD Funding
               for the SW 40th Street/BNSF Overpass and to
               acknowledge the paving of approximately 900 feet
               of SW 40th Street from West O Street to the
               south, City Project No. 700132.
               Fact Sheet (13K)
               Attachment (288K)

48)  11R-232   Approving an Interlocal Agreement between the
               City and the Railroad Transportation Safety
               District to accept the transfer of RTSD Funding
               for the South Salt Creek Quiet Zone and the
               City's acceptance of ownership and maintenance
               of the safety improvements, City Project No.
               702617.
               Fact Sheet (13K)
               Attachment (284K)
     

During the Open Microphone Session of the agenda, individuals
are allowed a total of 5 minutes to speak regardless of number
of topics. The Open Microphone Session is available on the 2nd
& last Monday of each month.

ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS
     AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA, 
     MAY DO SO AT THE OPEN MICROPHONE SESSION. THE OPEN
     MICROPHONE SESSIONS DURING THE MONTH OF SEPTEMBER ARE THE 
     12TH AND 26TH.


ADJOURNMENT   4:42 P.M.            

                                   ***
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          which is broadcast live at 3:00 p.m. every Monday and
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