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Formal Agenda


          ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, SEPTEMBER 26, 2011 AT 5:30 P.M.

                          ALL MEMBERS PRESENT

           CITY COUNCIL ACTION TO FILL COUNCIL SEAT VACANCY
  (ELECTED DIANNA SCHIMEK TO FILL COUNCIL SEAT VACANCY, 4-2; CARROLL, 
      COOK, EMERY, ESKRIDGE ASSENTING; CAMP, HORNUNG DISSENTING)

                            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 September 12, 2011. (PLACED ON FILE)

PETITIONS & COMMUNICATIONS

 2)            Setting the hearing date of Monday, October 10,
               2011 at 3:00 p.m. for the application of
               Whitemark Energy, LLC dba U-Stop #26 for a Class D 
               liquor license located at 8350 Northwoods
               Drive. (ADOPTED, 6-0; A-86507)


 3)  MISCELLANEOUS  REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 4 
THRU 6 HAD 2ND READING)

 4)  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)  (9/19/11 -
               Removed from Pending to have Public Hearing
               on 9/26/11, 3rd Reading with Action on 10/3/11)
               Fact Sheet (135K)
               Attachment (42K)
               Motion To Amend (7K)

 5)  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)

 6)  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)


                A SPECIAL PUBLIC HEARING SHALL BE HELD
                      ON THE FOLLOWING RESOLUTION

 7)  11R-228   Approving the 2011-12 City tax rate of 0.31580
               per $100.00 of assessed valuation. 
               (ADOPTED, 4-2; CARROLL, COOK, EMERY, ESKRIDGE 
               ASSENTING; CAMP, HORNUNG DISSENTING; A-86508)
               Fact Sheet (80K)


PUBLIC HEARING - RESOLUTIONS

 8)  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) (9/19/11 -
               To have Public Hearing on 9/26 with
               Action on 10/3/11)
               Fact Sheet (113K)
               Attachment (550K)

 9)  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. (ADOPTED, 6-0; A-86509)
               Fact Sheet (115K)
               Attachment (265K)

10)  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.
               (ADOPTED, 6-0; A-86510)
               Fact Sheet (13K)
               Attachment (821K)

11)  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.
               (ADOPTED, 6-0; A-86511)
               Fact Sheet (13K)
               Attachment (288K)

12)  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. (ADOPTED, 6-0; A-86512)
               Fact Sheet (13K)
               Attachment (284K)

                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 13 
THRU 20 HAD 1ST READING)

13)  11-144    Amending Title 3 of the Lincoln Municipal Code
               relating to Revenue and Finance by adding a new
               section numbered 3.06.010 to establish and
               define the biennial budget; adding a new section
               numbered 3.06.020 to establish the procedure and
               calendar for the formulation of the proposed
               biennial executive budget and for its submission
               to the council; adding a new section numbered
               3.06.030 to establish the contents of the
               biennial budget; adding a new section numbered
               3.06.040 to establish the procedure for the
               adoption of the biennial budget; adding a new
               section numbered 3.06.050 to establish and
               define the procedure for reduction, transfer and
               revision to the biennial budget; adding a new
               section numbered 3.06.060 to establish the
               procedure for the capital improvement biennial
               budget; and adding a new section numbered
               3.06.070 to establish a date to set the property
               tax rate and reappropriate unencumbered
               appropriations for the second year.
               Fact Sheet (90K)

14)  11-147    Amending Section 2.76.200 of the Lincoln
               Municipal Code, Compensation Plan; Temporary
               Assignment in a Higher Classification, to allow
               employees in the pay ranges prefixed by the
               letters N and X to coincide with PAGE employees
               to be effective August 18, 2011.
               Fact Sheet (138K)

15)  11R-235   Approving the I-80 West Lincoln Business Center
               Conditional Annexation and Zoning Agreement
               between the City and Ringneck Development LLC
               for annexation of approximately 7.72 acres and
               the development of 233 acres of property
               generally located at N.W. 48th Street and I-80.
               (Related Items: 11R-235, 11-149, 11-150)
               Fact Sheet (13K)
               Attachment (4677K)

16)  11-149    Annexation No. 07005 - Amending the Lincoln
               Corporate Limits Map by annexing approximately
               7.72 acres generally located at N.W. 48th Street
               and West Holdrege Street. (Related Items:
               11R-235, 11-149, 11-150)
               Fact Sheet (1020K)
               Attachment (404K)

17)  11-150    Change of Zone No. 07063 - Application of
               Ringneck Development for a change of zone from
               AG Agricultural District to R-3 Residential with
               a Planned Unit Development designation on 7.72
               acres of property generally located at N.W. 48th
               Street and West Holdrege Street with requested
               waivers and modification to the Zoning Ordinance
               and Land Subdivision Ordinance to allow
               approximately 42,000 square feet of office and
               commercial floor area and six dwelling units on
               the underlying R-3 zoned area. (Related
               Items: 11R-235, 11-149, 11-150)
               Fact Sheet (2189K)

18)  11-151    Approving a Lease Agreement between the Lincoln
               Parks and Recreation Department and Lincoln
               Parks and Recreation Foundation for the lease of
               approximately 230 square feet of space to the
               Foundation at 2740 A Street for a 13.5 year
               period.
               Fact Sheet (100K)
               Attachment (398K)

19)  11-153    Approving the allocation of $1 million of
               Capital Improvement Funds appropriated in the FY
               2011-12 budget to certain projects within the
               Parks and Recreation Department.
               Fact Sheet (93K)
               Attachment (59K)

20)  11-152    Amending Section 2.76.380 of the Lincoln
               Municipal Code, Sick Leave with Pay, to clarify
               for employees in the pay ranges prefixed by the
               letters N and X that sick leave payout upon
               resignation is for regular employees only.
               Fact Sheet (138K)


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

21)  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.
               (MTA #2 ADOPTED, 6-0; PASSED AS AMENDED, 6-0; 
               #19623)
               Fact Sheet (19K)
               Motion To Amend (11K)

22)  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. (PASSED, 6-0; #19624)
               Fact Sheet (30K)

23)  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.
               (PASSED, 6-0; #19625)
               Fact Sheet (530K)
               Attachment (38K)

24)  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. (PASSED, 6-0; #19626)
               Fact Sheet (22K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK, See Item 25)

25)  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) (Request to remove from Pending
               to have P.H. on 10/10/11)
               Fact Sheet (1465K)

26)  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)

27)  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)

28)  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)

29)  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)

30)            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)

31)  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)

32)  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)

33)  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)

34)  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)

35)  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)  
               (9/19/11 - Removed from Pending for
               Public Hearing on 9/26/11, 3rd Reading 
               with Action on 10/3/11)
               Fact Sheet (135K)
               Attachment (42K)

36)  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 - Public Hearing delayed to
               9/26; to have Action on 10/3/11)
               Fact Sheet (113K)
               Attachment (550K)


   WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
   PUBLIC HEARING ON MONDAY, OCTOBER 3, 2011, AT 3:00 P.M.
                                                   (APPROVED, 6-0)

37)  11R-233   Appointing Bennie Shobe Jr. to the Commission on
               Human Rights to fill an unexpired term expiring
               December 31, 2011.
               Attachment (90K)

38)  11R-234   Approving a Contract Agreement between the City
               and Capital Towing, Inc. for the annual
               requirements for City of Lincoln Towing and
               Storage Services, pursuant to Bid No. 11-176,
               for a four-year term with an option to renew for
               one additional four-year term.
               Fact Sheet (117K)
               Attachment (32273K)

39)  11R-237   Approving a contract agreement between the Parks
               and Recreation Department and the Lincoln Parks
               and Recreation Foundation establishing the
               mutual responsibilities and understandings in
               providing facilities and programs through fund
               raising activities, securing grant funds, donor
               stewardship and volunteer recruitment for a four
               year term.
               Fact Sheet (109K)
               Attachment (388K)

40)  11R-238   Approving an Interlocal Agreement between the
               City and the Lincoln-Lancaster County Public
               Building Commission to install a solar renewable
               energy rooftop array on the Lincoln Police
               Department Center Team headquarters building at
               1501 N. 27th Street, utilizing federal Energy
               Efficiency and Conservation Block Grant funds.
               Fact Sheet (91K)
               Attachment (262K)

41)  11R-239   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of September 1 -
               15, 2011.
               Fact Sheet (14K)
               Attachment (23K)

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   7:21 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.
                                   ****
The City Council Agenda and Action Sheet may be accessed on the Internet at:
                              lincoln.ne.gov

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