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Formal Agenda


            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, AUGUST 30, 2010 AT 5:30 P.M.

                           ALL MEMBERS PRESENT

               THERE WILL BE NO COUNCIL MEETING THE WEEK OF
                       SEPTEMBER 6TH DUE TO HOLIDAY

                              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)  10R-199   Appointing Adam Hornung to the Utility Billing Check
               Off Program for a term expiring August 31, 2011.
               (ADOPTED, 7-0; A-85976)
               Attachment (56K)

 2)  10R-200   Appointing Adam Hornung and Doug Emery to the Joint
               Budget Committee for terms expiring August 31, 2011
               and August 31, 2012, respectively.
               (ADOPTED, 7-0; A-85977)
               Attachment (109K)

 3)  10R-201   Appointing Gene Carroll, Doug Emery and Adam Hornung
               to the Railroad Transportation Safety District for
               terms expiring August 31, 2011. 
               (ADOPTED, 7-0; A-85978)
               Attachment (220K)

 4)  10R-202   Appointing Jonathan Cook to the Parks and Recreation
               Advisory Board for a term expiring April 17, 2011.
               (ADOPTED, 7-0; A-85979)
               Attachment (54K)

 5)  10R-203   Appointing John Spatz to the Mayor's Multicultural
               Advisory Committee for a term expiring September 18,
               2011. (ADOPTED, 7-0; A-85980)
               Attachment (51K)

 6)  10R-204   Appointing Jon Camp to the District Energy
               Corporation for a term expiring December 31, 2010.
               (ADOPTED, 7-0; A-85981)
               Attachment (51K)

 7)  10R-207   Appointing Russell Miller to the Alarm Review Board
               for a term expiring July 1, 2012.
               (ADOPTED, 7-0; A-85982)
               Attachment (57K)

 8)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on August
               16, 2010. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 9)            Report of Settlement of Non-Tort Claims. (PLACED ON FILE)
               Attachment

10)            REFERRALS TO THE PLANNING DEPARTMENT:
               Special Permit No. 10030 - Req. by Nebraska
               CVS Pharmacy, LLC for the authority to sell
               alcoholic beverages for consumption off the premises
               on property generally located at N. 48th Street and
               O Street.

11)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 10037 to Special
               Permit No. 1959, Prairie Village, approved by the
               Planning Director on August 20, 2010 requested by
               Pedcor Investments to revise the multiple family lot
               into three lots and amend the layout of the multiple
               family area on property generally located northeast
               of N. 84th Street and Leighton Avenue.
               Administrative Amendment No. 10045 to Special
               Permit No. 04033, Sterling Hills Community Unit
               Plan, approved by the Planning Director on August
               20, 2010 requested by Ross Hasselhorst to permit on
               lots on the south side of O'Sullivan Road to have
               patios, decks, terraces and ornamental features,
               which do not extend more than three feet above or
               below the adjacent ground level, to project into a
               required side or rear yard, provided these
               projections be at least two feet from a property
               line on property generally located at S. 37th Street
               and Yankee Hill Road.
               Administrative Amendment No. 10048 to Use
               Permit/Special Permit No. 11F, SouthRidge (South
               Pointe Pavilions) approved by the Planning Director
               on August 20, 2010 requested by Sandstone
               Construction LLC to extend the building envelope in
               Lot 8 (new Trader Joe's location) by 7.93 feet to
               the east to allow for a revised loading/dock area on
               property generally located at S. 32nd Street and
               Pine Lake Road.


12)  MISCELLANEOUS REFERRALS - NONE

                           - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

13)            Application of 1644 Steele LLC dba The Bar for a
               special designated license covering an outdoor area
               measuring approximately 27 feet by 87 feet to the
               west of the licensed premises at 1644 P Street on
               September 4, 11, 25; October 16, 30; November 13,
               26,  27, 2010 from 8:00 a.m. to 2:00 a.m.
               (ADOPTED FOR APPROVAL, 7-0; A-85983)

14)            Application of Rhino Dynamics Inc. dba Duffy's
               Tavern for a special designated license covering an
               outdoor area measuring approximately 350 feet by 200
               feet in the parking lot at 605 North 8th Street on
               September 10, 2010 from 7:00 p.m. to 1:00 a.m.
               (ADOPTED FOR APPROVAL, 7-0; A-85984)


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

15)  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)

16)  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)

17)  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)

18)  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)


PUBLIC HEARING - RESOLUTIONS (SEE ITEM 21)

19)  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. (ADOPTED, 7-0; A-85985)

20)  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.
               (ADOPTED, 7-0; A-85986)
               Fact Sheet (14K)
               Attachment (18K)

21)  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.
               (CON'T P.H. W/ACTION IN TWO WEEKS TO 9/13/10, 7-0)
               Fact Sheet (13K)
               Attachment (130K)

22)  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. (ADOPTED, 7-0; A-85987)
               Fact Sheet (14K)
               Attachment (255K)

23)  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.  (ADOPTED, 7-0; A-85988)
               Fact Sheet (13K)
               Attachment (66K)

24)  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. (ADOPTED, 7-0; A-85989)
               Fact Sheet (18K)
               Attachment (571K)

25)  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. (ADOPTED, 7-0; A-85990)
               Fact Sheet (111K)
               Attachment (3165K)

26)  10R-214   Amending the Lincoln-Lancaster County Air Pollution
               Control Regulations and Standards to assure
               consistency with Federal and State air quality
               regulations. (ADOPTED, 7-0; A-85991)
               Fact Sheet (114K)
               Attachment (275K)

27)  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. (ADOPTED, 7-0; A-85992)
               Fact Sheet (107K)
               Attachment (561K)

28)  10R-216   Increasing fees for special waste permits as
               authorized under Chapter 8.32 of the Lincoln
               Municipal Code. (ADOPTED, 7-0; A-85993)
               Fact Sheet (123K)

29)  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. (ADOPTED, 7-0; A-85994)
               Fact Sheet (137K)

                         - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 30 & 31 
HAD 1ST READING)

30)  10-120    Amending the pay schedule for a certain employee
               group by adjusting the hourly pay range schedule and
               schedules of annual, monthly, biweekly and hourly
               pay range equivalents for employees of the City of
               Lincoln whose classifications are assigned to pay
               ranges prefixed by the letter "E" to be effective
               August 19, 2010.
               Fact Sheet (96K)
               Attachment (317K)

31)  10-121    Amending Chapter 2.76 of the Lincoln Municipal Code
               by amending Section 2.76.153 to provide an increase
               in per hour pay for shift differential; amending
               Section 2.76.365 to allow employees with a pay range
               prefixed by the letter "E" and eligible to retire to
               elect a reduced work schedule; amending Section
               2.76.380 to adjust time off for illness of a family
               member to commence with the first pay period in
               January; amending Section 2.76.385 relating to
               funeral leave to remove applicability to employees
               with a pay range prefixed by the letter "A" or "C";
               and to add a new section 2.76.387 relating to
               bereavement leave for employees with a pay range
               prefixed by the letter "A" or "C". 
               Fact Sheet (94K)


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

32)  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) 
               (ACTION DELAYED TWO WEEKS TO 9/13/10, 7-0)
               Attachment (17K)

33)  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) 
               (ACTION DELAYED TWO WEEKS TO 9/13/10, 7-0)
               Fact Sheet (1039K)

34)  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.
               (PASSED, 7-0; #19437)
               Fact Sheet (553K)

35)  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. 
               (PASSED, 7-0; #19438)
               Fact Sheet (660K)

36)  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. (PASSED, 7-0; #19439)
               Fact Sheet (169K)
               Attachment (95K)

37)  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. (PASSED, 7-0; #19440)
               Fact Sheet (167K)
               Attachment (110K)

38)  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. (PASSED, 7-0; #19441)
               Fact Sheet (167K)
               Attachment (95K)

39)  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. (MTA #1 ADOPTED, 7-0; PASSED AS 
               AMENDED, 7-0; #19442)
               Fact Sheet (12K)
               Attachment (948K)

40)  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.
               (PASSED, 7-0; #19443)
               Fact Sheet (12K)

41)  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. (MTA #2 ADOPTED, 7-0; 
               PASSED AS AMENDED, 7-0; #19444)
               Fact Sheet (926K)
	       

42)  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) (MTA #1 ADOPTED, 7-0; PASSED 
               AS AMENDED, 6-1; CAMP, CARROLL, EMERY, HORNUNG, SNYDER, 
               SPATZ ASSENTING; COOK DISSENTING; #19445)
               Fact Sheet (100K)
               Motion To Amend (7K)
               Motion To Amend (23K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST   (EXTENDED ONE WEEK)

43)  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)

44)  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)

45)  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)

46)  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)

47)  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)

48)  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)

49)            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)

50)  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)

51)  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)


        WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
        PUBLIC HEARING ON MONDAY, SEPTEMBER 13, 2010, AT 3:00 P.M.
                                                     (APPROVED, 7-0)

52)  10R-218   Appointing Herbert H. Schimek to the Lincoln City
               Library Board of Trustees for a seven-year term
               expiring August 31, 2017.
               Attachment (167K)

53)  10R-219   Approving a three-year agreement between Lincoln
               Water System and the Nebraska Department of Health
               and Human Services related to reviewing plans for
               construction of new and replacement distribution
               mains at an annual cost of $1,800.00.
               Fact Sheet (18K)
               Attachment (171K)

54)  10R-220   Approving Supplemental Agreement No. 1 between the
               City of Lincoln and the State of Nebraska Department
               of Roads to modify language for project letting by
               NDOR and invoice procedures, and to add language to
               describe duties and assurances of a Responsible
               Charge for the Antelope Valley North/South Road from
               K to Q Street, State Project No. CM-55(142).
               Fact Sheet (80K)
               Attachment (287K)

55)  10R-221   Approving two Contract Agreements between the City
               and NAPA and Factory Motor Parts for the annual
               requirements for Vehicle/Equipment Maintenance Parts
               and Accessories, pursuant to Bid No. 10-108, for
               three year terms with options for one additional
               one-year term.
               Fact Sheet (128K)
               Attachment (2957K)
               Attachment (2575K)


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   7:13 P.M.


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             which is broadcast live at 3:00 p.m. every Monday and
                 at 5:30 p.m. on the last Monday of each month
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                        on 5 City-TV, Cable Channel 5.
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                                lincoln.ne.gov
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