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Formal Agenda


       ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
               MONDAY, AUGUST 23, 2010 AT 3:00 P.M.

                 ALL MEMBERS PRESENT EXCEPT SPATZ

                  MAYOR'S AWARD OF EXCELLENCE

                         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
               Ordinances and Resolutions passed by Council on
               August 9, 2010. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

               THE FOLLOWING HAVE BEEN PLACED ON FILE IN THE CITY
               CLERK'S OFFICE:
               Administrative Amendment No. 10039 to Special
               Permit No. 08012, Agemark Domiciliary Care Facility,
               Country House II, approved by the Planning Director
               on August 11, 2010, requested by Olsson Associates,
               to revise the site layout to show a reconfigured
               parking lot layout and building plan for up to 38
               residents. Note that the 57 residents allowed by
               density bonus as originally approved per Special
               Permit No. 08012 are only permitted if the facility
               complies with the barrier-free standards of the City
               of Lincoln Design Standards.  Property is generally
               located near S. 84th Street and Horseshoe
               Drive. 
               Administrative Amendment No. 10042 to Special
               Permit No. 310D, The Ambassador Lincoln, approved by
               the Planning Director on August 11, 2010, requested
               by Olsson Associates, to revise the site plan to
               reflect the existing layout but with three small
               additions and to add Note #6. Property is located at
               4405 Normal Boulevard. 
               Administrative Amendment No. 10043 to Special
               Permit No. 06061A, Hidden Valley Community Unit
               Plan, approved by the Planning Director on August
               11, 2010, requested by Civil Design Group, Inc., to
               adjust the south front yard setback on Lot 9, Block
               2 from 25 feet to 20 feet abutting the future right-
               of-way, on property generally located at S.
               112th Street and Pine Lake Road. 
               Administrative Amendment No. 10044 to Special
               Permit No. 2022C, Pine Lake Heights South Planned
               Service Commercial Center, approved by the Planning
               Director on August 16, 2010, requested by Olsson
               Associates, to increase the square footage on Lot 2,
               Block 2 from 14,000 square feet to 18,000 square
               feet, to allow a cross parking easement over Lot 2
               and Lot 3 and to combine Lot 5 and Lot 6, Block 2,
               as well as revising the use and layout of Lot 5 from
               a standalone drive thru facility to part of the auto
               dealership.  The general notes and tables have been
               updated to reflect these changes as well as to
               include restrictions on lighting and outdoor
               speakers consistent with the other auto dealerships
               in this area. Property is generally located at S.
               27th Street and Grainger Parkway.

3)             Setting the Hearing Date of Monday, September 13,
               2010 at 3:00 p.m. for Application of Strong Island
               Enterprises, Inc. dba Bricktop to add a beer garden
               to the south approximately 20' x 16' located at 1427
               O Street. (ADOPTED, 6-0; A-85963)
 

 4)  MISCELLANEOUS REFERRALS - NONE

                       - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 5)            Application of Nebraska Fresh-Mex LLC dba Qdoba
               Mexican Grill for a Class I liquor license at 211
               North 12th Street. (ADOPTED FOR APPROVAL, 6-0;
               A-85964)

 6)            Manager application of James A. Page for Nebraska
               Fresh-Mex, LLC dba Qdoba Mexican Grill at 211 North
               12th Street.(ADOPTED FOR APPROVAL, 6-0; A-85965)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 7 THRU 17 HAD 2ND READING)

 7)  10R-183   Approving the 98th and Holdrege Conditional Zoning
               Agreement between M. Kent and Marsha Prior and the
               City of Lincoln regarding a change of zone from AG
               Agricultural to AGR Agricultural Residential to
               allow three single family dwelling lots, one outlot,
               and a build through plan for future urbanization on
               property generally located at 98th Street and
               Holdrege Street. (Related Items: 10R-183, 10-86)
               (Action Date: 8/23/10) (8/16/10 - Con't. P.H. to
               8/23/10 w/Action 8/30/10)
               Attachment (17K)

 8)  10-86     Change of Zone 10007 - Application of Kent Prior
               for a change of zone from AG Agricultural
               District to AGR Agricultural Residential
               District on property generally located at North
               98th Street and Holdrege Street. (7/19/10 -
               Placed on Indefinite Pending, No Date Certain)
               (7/26/10 - Removed from Pending, to have
               1st Reading 8/9/10) (Related Items:
               10R-183, 10-86) (Action Date: 8/23/10)
               (8/16/10 - Con't. P.H. to 8/23/10 w/Action
               8/30/10)
               Fact Sheet (1039K)

 9)  10-108    Vacation 09006 - Vacating North 14th Street
               from the south right-of-way line of New
               Hampshire to the north line of the railroad
               right-of-way.
               Fact Sheet (553K)

10)  10-109    Vacation 10010 - Vacating a portion of the east-west
               alley abutting Lots 4-9, Block 30, Original Lincoln,
               and the east 18 feet of North 8th Street abutting
               said alley, generally located between Q and R
               Streets and 8th and 9th Streets.
               Fact Sheet (660K)

11)  10-110    Approving a lease agreement between the City and the
               Village of Firth for the lease of space by Aging
               Partners for its Senior Center Program at 311 Nemaha
               Street,  Firth, Nebraska from September 1, 2010 to
               August 31, 2011.
               Fact Sheet (169K)
               Attachment (95K)

12)  10-111    Approving a lease agreement between the City and the
               Panama Caf‚ for the lease of space by Aging Partners
               for its Senior Center Program at 310 Locust Street,
               Panama, Nebraska from September 1, 2010 to August
               31, 2011.
               Fact Sheet (167K)
               Attachment (110K)

13)  10-112    Approving a lease agreement between the City and the
               American Legion Post #280 for the lease of space by
               Aging Partners for its Senior Center Program at 970
               Monroe, Bennet, Nebraska from September 1, 2010 to
               August 31, 2011.
               Fact Sheet (167K)
               Attachment (95K)

14)  10-113    Amending the Lincoln Municipal Code to update
               Chapter 10.26 due to changes associated with street
               names, roadway removals, proposed arterial additions
               and proposed removal of existing arterial street
               status.
               Fact Sheet (12K)
               Attachment (948K)

15)  10-114    Approving the transfer of unspent and unencumbered
               appropriations and cash (if any) between certain
               capital improvement projects within the Street
               Construction Fund for the Public Works & Utilities
               Department and within the Capitol Projects Fund for
               the Parks & Recreation Department.
               Fact Sheet (12K)

16)  10-115    Vacation 10003 - Vacating the west 34 feet of South
               29th Street from the north line of Washington Street
               to the south line of the east-west alley between
               Washington Street and A Street. 
               Fact Sheet (926K)

17)  10-107    Amending Section 5.04.130 of the Lincoln Municipal
               Code to change the times during which the sale and
               dispensing of alcoholic liquor is prohibited,
               requiring an internal review and providing for an
               effective date of 6:00 a.m. on September 10, 2010.
               (8/9/10-To have 2nd Reading/P.H. on 8/23/10
               w/Action on 8/30/10)
               Fact Sheet (100K)
               Motion To Amend (7K)
               Motion To Amend (23K)


PUBLIC HEARING - RESOLUTIONS

18)  10R-191   Directing the submission of a proposed general
               obligation bond issue for construction of
               improvements to the City's storm sewer and drainage
               system at the November 2, 2010, City general
               election. (ADOPTED, 6-0; A-85966)
               Fact Sheet (13K)

19)  10R-198   Directing submittal to the qualified electors of the
               City a proposed Charter amendment amending Article
               IX, relating to Finance and Taxation, by adding a
               new Section 26.a to allow the City to establish and
               adopt a biennial budget.(ADOPTED, 6-0; A-85967) 
               Fact Sheet (17K)

20)  10R-186   Approving Contract Agreements between the City and
               Anixter, Inc. and Communication Services, Inc. for
               the annual requirements for Fiber Optic Material,
               pursuant to Bid No. 10-095, for two-year terms with
               option to renew for two additional one-year terms.
               (ADOPTED, 6-0; A-85968)
               Fact Sheet (157K)
               Attachment (2784K)

21)  10R-192   Approving Contract Agreements between the City and
               Badger Meter, Inc. for the annual supply for Cold
               Water Meters, 5/8" to 2" with Automated Meter
               Reading ERT Modules, pursuant to Bid No. 10-128, for
               a two-year term with the option to renew for one
               additional two-year term.(ADOPTED, 6-0; A-85969) 
               Fact Sheet (114K)
               Attachment (3393K)

22)  10R-193   Approving the 2010-11 Work Plan for the Interlocal
               Agreement on Stormwater Management between the City
               and Lower Platte South Natural Resources District to
               address stormwater quality and quantity issues.
               (ADOPTED, 6-0; A-85970)
               Fact Sheet (12K)
               Attachment (253K)

23)  10R-194   Approving the labor contract between the City and
               the Lincoln City Employees Association for a two
               year term effective August 19, 2010. (ADOPTED, 5-1;
               CARROLL, COOK, EMERY, HORNUNG, SNYDER ASSENTING; 
               CAMP DISSENTING; A-85971)
               Fact Sheet (89K)
               Attachment (2169K)

24)  10R-195   Approving a new schedule for water use charges for
               fiscal year 2010-2011. (ADOPTED, 6-0; A-85972)
               Fact Sheet (13K)

25)  10R-196   Approving a new schedule for wastewater use charges
               for fiscal year 2010-2011.(ADOPTED, 6-0; A-85973)
               Fact Sheet (13K)

26)  10R-197   Approving a schedule of fees the City may charge for
               ambulance service.(ADOPTED, 5-1; CARROLL, COOK,
               EMERY, HORNUNG, SNYDER ASSENTING; CAMP DISSENTING; A-85974)
               Fact Sheet (199K)
               Attachment (7K)

                     - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 27 THRU 30 HAD 1ST READING)

27)  10-116    Street Name Change 10005 - Renaming White Pine
               Drive as "Eldorado Drive" in Wilderness Hills
               4th Addition, generally located at South 30th
               Street and Whispering Hills Boulevard.
               Fact Sheet (594K)

28)  10-117    Amending Title 8 of the Lincoln Municipal Code
               relating to Health and Sanitation by amending
               Section 8.06.145 to increase the permit fee for
               open burning; amending Section 8.08.060 to increase
               the permit fees for a body art establishment;
               amending Section 8.08.150 to increase the initial
               permit fee for a body art practitioner; amending
               Section 8.12.035 to increase the permit fee for a
               small family child care home; amending Section
               8.14.037 to increase the permit fees associated with
               child care programs; amending Section 8.20.150 to
               increase the permit fees associated with food
               establishments; amending Section 8.24.150 to
               increase the permit fee for a variance to the
               provisions of LMC Section 8.24.090 relating to noise
               disturbances; amending Section 8.38.090 to increase
               the permit fee for the operation of a Class A or
               Class B swimming pool; amending Section 8.40.070
               to increase the permit fees associated with the
               operation of spa facilities; and amending Section
               8.44.070 to increase the permit fees associated
               with the construction and repair of water wells
               and to provide that such permits shall be annual
               rather than biennial.
               Fact Sheet (145K)

29)  10-118    Amending Chapter 5.41 of the Lincoln Municipal Code
               relating to Salvage, Recycling and Composting
               Operations by amending Section 5.41.050 to increase 
               related permit fees; and amending Section 5.41.060
               to increase the annual occupation tax levied on
               salvage operations or commercial composting
               operations.
               Fact Sheet (118K)

30)  10-119    Amending Title 24 of the Lincoln Municipal Code
               relating to Plumbing and Sewers by amending Section
               24.38.070 to increase the permit fees associated
               with on-site wastewater treatments systems; and
               amending Section 24.42.110 relating to fees
               associated with property transfers with on-site
               wastewater treatment systems to increase the fee for
               evaluation and review of Property Transfer Inspector
               reports and necessary site visits by the Health
               Director.
               Fact Sheet (127K)


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

31)  10-84     Vacation 10006 - Vacating multiple streets and
               alleys for the West Haymarket Redevelopment
               Area, generally located at approximately North
               3rd Street to North 7th Street from S Street to
               U Street, and South 5th Street and North 5th
               Street from L Street to T Street.(AMENDED #1,
               6-0; PASSED AS AMENDED, 6-0; #19434)
               Fact Sheet (2730K)
               Motion To Amend (7K)

32)  10-85     Vacation 10007 - Vacating J Street from
               approximately South 2nd Street to 100 feet east
               of the east right-of-way line of South 3rd
               Street, and vacating South 2nd Street from
               approximately the north right-of-way line of J
               Street to 143 feet south of the south right-of-
               way line of J Street.(AMENDED #1, 6-0; PASSED
               AS AMENDED, 5-1; CAMP, CARROLL, EMERY, HORNUNG, 
               SNYDER ASSENTING; COOK DISSENTING; #19435)
               Fact Sheet (626K)
               Attachment (565K)
               Motion To Amend (588K)

33)  10-106    Change of Zone 10015 - Amending Title 27 of the
               Lincoln Municipal Code relating to Zoning by
               amending Section 27.41.040 to allow any permitted
               use which exceeds the maximum height permitted in
               the H-2 Highway Business District to be allowed as a
               special permitted use in said district; amending
               Section 27.43.040 to allow any permitted use which
               exceeds the maximum height permitted in the H-3
               Highway Commercial District to be allowed as a
               special permitted use in said district; and amending
               Section 27.63.250 to provide that a permitted use
               exceeding the maximum height permitted in the
               district may be allowed in the H-2 and H-3 zoning
               districts by a special permit.  (PASSED, 6-0; #19436)
               Fact Sheet (901K)


RESOLUTION - ACTION ONLY

34) 10R-180    Adopting the 2010/11 City of Lincoln Annual
               Operating Budget and Capital Improvement
               Program for FY 2010/11 - 2015/16.
               (AMENDED SUBSTITUTE ORD., 6-0; ACCEPTED
               SUBSTITUTE ORD., 6-0; ADOPTED SUBSTITUTE ORD.
               AS AMENDED, 5-1; CARROLL, COOK, EMERY, HORNUNG, 
               SNYDER ASSENTING; CAMP DISSENTING; A-85975)
               (Action Date: 8/23/10)
               Substitute


RECONSIDERATION - ORDINANCE NO. 19430

35)  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. (RECONSIDERED, 6-0;
               PLACED ON PENDING INDEFINITELY, 6-0)
               Fact Sheet (104K)


RECONSIDERATION - ORDINANCE NO. 19432

36)  10-103    Amending Title 2 of the Lincoln Municipal Code, Officers,
               Departments and Personnel, by amending Sections 2.62.010,
               2.65.010 and 2.66.010 relating to the establishment of
               Police and Fire Pension Plans A, B and C, respectively,
               to amend the date by which the required city normal cost
               contributions to the Police and Fire Pension Fund are to
               be made. (RECONSIDERATION LOST, 1-5; CAMP ASSENTING; 
               CARROLL, COOK, EMERY, HORNUNG, SNYDER DISSENTING.)
               Fact Sheet (92K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST	(EXTENDED ONE WEEK)

37)  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)

38)  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)

39)  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)

40)  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)

41)  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)

42)  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)

43)            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)

44)  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)


       WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
      PUBLIC HEARING ON MONDAY, AUGUST 30, 2010, AT 5:30 P.M.
							(APPROVED, 6-0)

45)  10R-199   Appointing Adam Hornung to the Utility Billing Check
               Off Program for a term expiring August 31, 2011.
               Attachment (56K)

46)  10R-200   Appointing Adam Hornung and Doug Emery to the Joint
               Budget Committee for terms expiring August 31, 2011
               and August 31, 2012, respectively.
               Attachment (109K)

47)  10R-201   Appointing Gene Carroll, Doug Emery and Adam Hornung
               to the Railroad Transportation Safety District for
               terms expiring August 31, 2011.
               Attachment (220K)

48)  10R-202   Appointing Jonathan Cook to the Parks and Recreation
               Advisory Board for a term expiring April 17, 2011.
               Attachment (54K)

49)  10R-203   Appointing John Spatz to the Mayor's Multicultural
               Advisory Committee for a term expiring September 18,
               2011.
               Attachment (51K)

50)  10R-204   Appointing Jon Camp to the District Energy
               Corporation for a term expiring December 31, 2010.
               Attachment (51K)

51)  10R-207   Appointing Russell Miller to the Alarm Review Board
               for a term expiring July 1, 2012.
               Attachment (57K)

52)  10R-209   Declaring the official intent of the City to
               reimburse certain expenses in connection with the
               acquisition, construction, equipping and furnishing
               of improvements in Paving District No. 2630, Water
               District No. 1202 and Sewer District 1186 of the
               City from the proceeds of City special assessment
               revolving fund bonds.

53)  10R-210   Accepting the report of new and pending claims
               against the City and approving disposition of claims
               set forth for the period of August 1 - 15, 2010.
               Fact Sheet (14K)
               Attachment (18K)

54)  10R-206   Approving a Funding Agreement between the City and
               the State of Nebraska Department of Roads for the
               use of federal funds to complete the Fracture
               Critical Bridge Inspection of Structure U142514300,
               Antelope Valley East Leg Bridge.
               Fact Sheet (13K)
               Attachment (130K)

55)  10R-208   Approving a request for relaxation of standards from
               the State of Nebraska, Board of Public Roads
               Classifications and Standards, to avoid impacts of a
               ramp improvement project on an adjacent floodplain
               depressional wetland for City Project 702620,
               Superior Street and Interstate 180 East Ramp Safety
               Project.
               Fact Sheet (14K)
               Attachment (255K)

56)  10R-212   Approving a License Agreement to continue the
               tenancy of the Public Works & Utilities Department
               at 531 Westgate Blvd., to a date no later than
               February of 2011.
               Fact Sheet (13K)
               Attachment (66K)

57)  10R-211   Approving the Management Agreement between the City
               and Republic Parking System, Inc. for Lincoln
               Parking Facilities for a term of September 1, 2009
               through August 30, 2013.
               Fact Sheet (18K)
               Attachment (571K)

58)  10R-213   Amending the Lincoln-Lancaster County Air Pollution
               Control Regulations and Standards to adopt new
               Federal Maximum Achievable Control Technology
               requirements on various area sources of Hazardous
               Air Pollutants.
               Fact Sheet (111K)
               Attachment (3165K)

59)  10R-214   Amending the Lincoln-Lancaster County Air Pollution
               Control Regulations and Standards to assure
               consistency with Federal and State air quality
               regulations.
               Fact Sheet (114K)
               Attachment (275K)

60)  10R-215   Amending the Lincoln-Lancaster County Air Pollution
               Control Regulations and Standards to modify the
               annual fee structure for all regulated industries
               and businesses. 
               Fact Sheet (107K)
               Attachment (561K)

61)  10R-216   Increasing fees for special waste permits as
               authorized under Chapter 8.32 of the Lincoln
               Municipal Code.
               Fact Sheet (123K)

62)  10R-217   Adopting fees to cover the expenses of conducting
               National Pollutant Discharge Elimination System
               (NPDES) stormwater permit compliance inspections at
               regulated industrial facilities by Health Department
               staff.
               Fact Sheet (137K)


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 16TH AND 30TH.


ADJOURNMENT	7:09 P.M.


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The City Council Agenda and Action Sheet may be accessed on the
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