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Formal Agenda


    ACTION FROM AGENDA FOR THE REGULAR CITY COUNCIL MEETING HELD
             MONDAY, OCTOBER 3, 2011 AT 3:00 P.M.
                       
                     ALL MEMBERS PRESENT
                       
                        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-233   Appointing Bennie Shobe Jr. to the Commission on
               Human Rights to fill an unexpired term expiring
               December 31, 2011.  (ADOPTED 6-0; A-86513)
               Attachment (90K)

 2)            Report of Settlement Agreement under Neb. Rev.
               Stat. 84-713. (non tort claims)(PLACED ON FILE)
	       Attachment

 3)            Clerk's Letter & Mayor's Approval of Ordinances &
               Resolutions passed on September 19, 2011. (PLACED ON FILE)

 4)            Report from City Treasurer of City Cash on hand at
               the close of business on August 31, 2011. (PLACED ON FILE)

PETITIONS & COMMUNICATIONS

 5)            Setting the hearing date of Monday, October 17,
               2011 at 3:00 p.m. for the application of Parker's
               Rib Ranch, Inc. dba Parker's Smokehouse to add 
               Catering to their Class I liquor license located
               at 6440 O Street.  (ADOPTED 6-0; A-86514)

 6)            Setting the hearing date of Monday, October 17,
               2011 at 3:00 p.m. for the application of Hy-Vee,
               Inc. dba Hy-Vee #1 for a Class CK liquor license
               located at 5010 O Street.  (ADOPTED 6-0; A-86515)

 7)            Setting the hearing date of Monday, October 17,
               2011 at 3:00 p.m. for the application of WMJD LLC
               dba Single Barrel for a Class CK liquor license
               located at 130 N. 10th Street. (ADOPTED 6-0; A-86516)	              

 8)            Setting the hearing date of Monday, October 17,
               2011 at 3:00 p.m. for the application of Nebraska
               CVS Pharmacy LLC dba CVS Pharmacy 4033 for a Class
               D liquor license located at 5611 S. 27th Street.  
               (ADOPTED 6-0; A-86517)	

 9)            Setting the hearing date of Monday, October 17,
               2011 at 3:00 p.m. for the application of Lincoln
               South LLC dba Pepper Jax Grill for a Class A
               liquor license located at 2801 Pine Lake Road,
               Suite S.  (ADOPTED 6-0; A-86518)	

10)  MISCELLANEOUS  REFERRALS - NONE

                  - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

11)            Application of Rhino Dynamics, Inc. dba Duffy's
               Tavern for a special designated license covering
               an outdoor area measuring approximately 50 feet by
               75 feet at 1412 O Street on October 8, 2011 from
               9:00 a.m. to 2:00 a.m. (ADOPTED FOR APPROVAL 6-0; A-86519)

PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)(ITEMS 12 THRU 19 HAD 2ND READING)

12)  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 re-appropriate
               unencumbered appropriations for the second year.  
               Fact Sheet (90K)

13)  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)

14)  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)

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)(Action Date: 10/10/11)
               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) (Action Date: 10/10/11)
               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)(Action Date: 10/10/11)
               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)


PUBLIC HEARING - RESOLUTIONS

20)  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.  (MOTION BY HORNUNG TO 
               REJECT THE BIDS AND INITIATE A RE-BID.  ADOPTED 5-1; 
               CARROLL, COOK, EMERY, ESKRIDGE, HORNUNG ASSENTING; 
               CAMP DISSENTING; #38-4611)
               Fact Sheet (117K)
               Attachment (32273K)

21)  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.  (ADOPTED 6-0; A-86521)
               Fact Sheet (109K)
               Attachment (388K)

22)  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.  (ADOPTED 6-0;
               A-86522)								
               Fact Sheet (91K)
               Attachment (262K)

23)  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.  (ADOPTED 6-0; A-86523)
               Fact Sheet (14K)
               Attachment (23K)

                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 24 THRU 30 HAD 1ST READING)

24)  11-148    Authorizing and providing for the issuance of not
               to exceed $3,000,000.00 principal amount the City
               of Lincoln, Nebraska General Obligation Special
               Assessment Revolving Fund Bonds, Series 2011B.

25)  11-158    Authorizing the City of Lincoln, Nebraska to enter
               into a lease-purchase transaction with Union Bank
               and Trust Company, Lincoln, Nebraska, in an amount
               not to exceed $4,750,000.00 for the acquisition of
               street lights, computer software and a new
               clubhouse and related furnishings at Holmes Golf
               Course.

26)  11-155    Change of Zone 11031 - Application of Olderbak
               Georgetown/Willows, LLC for a change of zone from
               B-1 Local Business District and R-3 Residential
               District to R-5 Residential District on property
               generally located at South 70th Street and Van
               Dorn Street. (Related Items: 11-155, 11R-244)
               (Action Date: 10/17/11)
               Fact Sheet (982K)

27)  11R-244   Special Permit 459A - Application of Olderbak
               Georgetown/Willows, LLC, to amend the Georgetown
               Apartments Community Unit Plan to increase the
               number of apartment dwelling units from 115 to
               160, with a request to adjust the parking
               requirements, on property generally located at
               South 70th Street and Van Dorn Street. (Related
               Items: 11-155, 11R-244) (Action Date: 10/17/11)
               Fact Sheet (715K)

28)  11-156    Change of Zone 11033 - Application of North Thirty
               Third, LLC for a change of zone from I-1
               Industrial District, I-3 Employment Center
               District, B-2 Planned Neighborhood Business
               District and R-5 Residential District to P Public
               Use District; from B-2 Planned Neighborhood
               Business District and R-3 Residential District to
               R-5 Residential District; and from I-3 Employment
               Center District, B-2 Planned Neighborhood Business
               District, R-3 Residential District and R-5
               Residential District to H-3 Highway Commercial
               District, on property generally located at North
               33rd Street and Folkways Boulevard.
               Fact Sheet (1230K)

29)  11-157    Change of Zone 11035 - Application of R.I.P., Inc.
               for a change of zone from R-3 Residential District
               to R-5 Residential District on property generally
               located at North 24th Street and Dodge Street.
               (Related Items: 05-188, 11-157, 11R-246)
               (Action Date: 10/17/11)
               Fact Sheet (4866K)

30)  11R-246   Special Permit 11023 - Appeal of Landon's
               Neighborhood Association and Regalton Neighborhood
               Association from the Planning Commission's
               conditional approval of its application for
               authority to develop the Magic Hills Community
               Unit Plan consisting of 96 dwelling units in four
               buildings and a clubhouse, on property generally
               located at North 24th Street and Dodge Street.
               (Related Items: 05-188, 11-157, 11R-246)
               (Action Date: 10/17/11)
               Fact Sheet (1070K)


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

31)  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)(MTA #1 PASSED 6-0; PASSED AS AMENDED 6-0; 
               #19627)
               Fact Sheet (135K)
               Attachment (42K)
               Motion To Amend (7K)

32)  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.  (PASSED 4-2; CARROLL, 
               COOK, EMERY, ESKRIDGE ASSENTING; CAMP, HORNUNG 
               DISSENTING; #19628)
               Fact Sheet (12K)
               Attachment (8782K)
               Motion To Amend 1 (6K)

33)  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.  
               (PASSED 6-0; #19629)
               Fact Sheet (19K)


RESOLUTION - ACTION ONLY

34)  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)(ADOPTED 6-0; A-86520)
               Fact Sheet (113K)
               Attachment (550K)

PENDING LIST - DATE CERTAIN

     NONE

PENDING LIST (See Bill No. 05-188)(EXTENDED ONE WEEK, SEE ITEM 35)

35)  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 w/11-157 & 11R-246)(REMOVED FROM PENDING 
               TO HAVE P.H. ON 10/10/11, 3RD READING W/ACTION ON 
               10/17/11, 6-0)
               Fact Sheet (1465K)

36)  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)

37)  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)

38)  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)

39)  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)

40)            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)

41)  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)

42)  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)

43)  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)

44)  11-39     Amending Chapter 10.32 of the Lincoln Municipal Code 
               relating to Stopping, Standing and Parking of Vehicles 
               by adding a new section numbered 10.32.075 to prohibit 
               the parking of trucks on a street more than 400 feet 
               from the primary place of business and providing certain 
               exceptions. (4/11/11 - 3rd Reading w/con't. P.H. on
               4/18/11) (4/18/11 - Placed on Indefinite Pending)
               Fact Sheet (75K)
               Motion To Amend (7K)
        
                         
        WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
         PUBLIC HEARING ON MONDAY, OCTOBER 10, 2011, AT 3:00 P.M.

45)  11R-240   Approving appropriations in the amount of
               $44,500.00 from the operation of Keno Lottery
               Funds for various Human Services (Round 34).
               Attachment (121K)

46)  11R-241   Appointing Jacquelyn Miller to the Lincoln-
               Lancaster County Board of Health to fill an
               unexpired term expiring April 15, 2014.
               Attachment (86K)

47)  11R-242   Reappointing Amir Azimi, Thomas Christie, Amrita
               Mahapatra, Annielyn Ocampo and Pearl Van Zandt to
               the Multicultural Advisory Committee for three-
               year terms expiring September 18, 2014.

48)  11R-243   Approving an amendment to the StarTran Rate
               Schedule to increase the Low Income 31-Day Pass
               and HandiVan Low Income 31-Day Pass Fares.
               Fact Sheet (12K)
               Attachment (918K)

49)  11R-245   Assessing Public Health Nuisance Abatement costs
               associated with the clearing of public nuisances
               by the Health Department to the following
               benefitted properties:  2817 Holdrege, 2935 S.
               48th, 1401 N. 14th, 4910 Adams, 1857 J, 844 Peach,
               619 S. 55th, 2503 S, 1857 J, 1436 Rose, 4209
               Touzalin, 448 N. 25th, 1715 N. 31st, 1410 Plum,
               2954 N. 56th, 3117 Vine, 1762 N. 27th, 1828 N.
               30th, 6415 Benton, 2908 Everett, 4910 Adams, 1802
               S. 11th, 620 S. 20th, 1433 South, 2010 N. 32nd,
               1405 C, 931 Sumner, 1520 N. 25th, 2408 S. 10th,
               1138 Charleston, 6801 Benton, 6927 Aylesworth,
               1434 N. 27th, 1113 New Hampshire, 2438 S. 10th,
               6817 Burlington, 4821 S. 47th, 303 S. 25th, 1802
               S. 11th, 504 N. 24th, 623 S. 19th, 1802 S. 11th,
               6100 Logan, 1328 A, 1102 Plum, 1036 Y, PID 10-27-
               410-005-000, 341 N. 33rd, 121 Bruce, 341 D, 1520
               Van Dorn, 519 N. 35th, 6759 S. Bermuda, 7040
               Eastborough, 911 Sumner, 1102 Plum, 1200 S. 16th.
               Fact Sheet (99K)
               Attachment (1536K)


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 OCTOBER ARE THE 10TH
     AND 24TH.


ADJOURNMENT 6:19 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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