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Formal Agenda


    ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
               MONDAY, JULY 18, 2011 AT 3:00 P.M.

         ALL MEMBERS PRESENT EXCEPT CARROLL & EMERY
 

                        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-155   Appointing Thomas Higley to the Cable Television
               Advisory Board for a three year term expiring July
               1, 2014. (ADOPTED, 5-0; A-86410)
               Attachment (78K)

 2)            Report of Settlement of Non Tort Claims.(PLACED
               ON FILE) 


PETITIONS & COMMUNICATIONS

 3)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 11016 to Special
               Permit No. 605, Tierra West Community Unit Plan,
               approved by the Planning Director on July 5, 2011,
               requested by Hutchinson Architects, PC., to
               increase the number of dwelling units on the R-3
               zoned parcel at the southeast corner of S.
               27th St. and Tierra Dr. from 72 to 103.

 4)            REFERRED TO PLANNING DEPARTMENT:
               CHANGE OF ZONE NO. 11025, requested by the
               Director of Planning, amending Section 27.35.020
               of the Lincoln Municipal Code relating to
               Permitted Uses in the B-4 Lincoln Center Business
               District to prohibit sexually oriented live
               entertainment establishments in all areas of the
               B-4 zoning district; and repealing Section
               27.35.020 of the Lincoln Municipal Code as
               hitherto existing.
               SPECIAL PERMIT NO. 1114E, requested by
               Heritage Builders, Inc., for an amendment to the
               Pheasant Run Addition Community Unit Plan,
               relating to the construction and location of the
               sidewalk along Pheasant Run Lane, on property
               legally described as Outlot B, and Lots 2-7, Block
               1, Pheasant Run Addition; Outlot B, and Lots 2-9,
               Pheasant Run 1st Addition; Lot 1, Pheasant Run 2nd
               Addition; Lot 1, Pheasant Run 3rd Addition; Lots 2-4,
               Pheasant Run 4th Addition; Lots 1 and 2, Pheasant Run 5th
               Addition; Outlot A, Lots 1-6, Block 1, and Lots 1-3,
               Block 2, Pheasant Run 7th Addition; Outlots A, B, and C,
               Pheasant Run 8th Addition; Lot 3 Pheasant Run 9th
               Addition; and Lots 1 and 2, Pheasant Run 10th Addition;
               all located in the SE 1/4 of Section 9-9-7, Lancaster County,
               Nebraska, generally located at Old Cheney Road and
               Pheasant Run Lane.  The Planning Commission action
               is final action, unless appealed to the City
               Council.
               SPECIAL PERMIT NO. 11019, requested by Blue
               Blood Brewing Company, Inc., for a craft brewery
               under the special permit for I-1 District, on
               property legally described as Lots 1 and 12, Block
               2, South Street Business Park Addition, located in
               the NE 1/4 of Section 34-10-6, Lancaster County,
               Nebraska, generally located at SW 5th
               Street and W. South Street.  The Planning
               Commission action is final action, unless appealed
               to the City Council.

 5)            Setting the Hearing Date of Monday, August 1, 2011
               at 3:00 p.m. for Application of Chatters LLC dba
               Main Street Caf‚ for a Class IK liquor license at
               1325 O Street. (ADOPTED, 5-0; A-86411)


 6)  MISCELLANEOUS  REFERRALS - NONE

                  - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 7)            Application of GNS Corporation dba Discount City
               for the addition of a catering license to its
               Class D liquor license at 5560 South 48th Street,
               Suite 6. (ADOPTED, 5-0; A-86412)

 8)            Application of Old Federal Place LLC dba Jasmine
               Room for a special designated license covering an
               outdoor area measuring approximately 27 feet by
               260 feet and an outdoor area measuring
               approximately 50 feet by 75 feet at 129 North 10th
               Street on September 3, 10, 17; October 8, 29;
               November 5, 25, 2011 from 7:00 a.m. to 2:00 a.m.
               (ADOPTED, 5-0; A-86413)

 9)            Application of Lincoln Pub Group, Inc. dba N-Zone
               for a special designated license covering an
               outdoor area measuring approximately 60 feet by 80
               feet immediately adjacent to its licensed premises
               located at 728 1/2 Q Street on September 3, 10,
               17; October 8, 29; November 5, 25, 2011 from 8:00
               a.m. to 1:00 a.m. (ADOPTED, 5-0; A-86414)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 10 THRU 18 HAD 2ND READING)

10)  11-96     Authorizing and providing for the issuance of
               not to exceed $1,200,000 principal amount of
               the City of Lincoln General Obligation
               Special Assessment Revolving Fund Bonds,
               Series 2011.

11)  11-97     Authorizing the City of Lincoln, Nebraska to
               enter into an Equipment Lease Purchase
               Agreement No. LIN2011-06E with Community
               First National Bank, Manhattan, Kansas in the
               amount of $561,330 for the acquisition of
               plow trucks for the use of the City.

12)  11-93     Amending Chapter 5.06  of the Lincoln
               Municipal Code relating to Arborists by
               amending Sections 5.06.010, 5.06.020,
               5.06.030, 5.06.040, 5.06.050, 5.06.060,
               5.06.070, 5.06.080, 5.06.090 and 5.06.100 to
               delete references to unused second class
               arborist certification for pest and disease
               control only; to clarify that employees may
               perform work under the direct supervision of
               a certified arborist; to allow certification
               and testing fees to be established and
               amended administratively; to increase
               liability insurance requirements from
               $500,000 to $1,000,000; and to clarify that
               insurance should be in categories of tree
               trimming and removal.
               Fact Sheet (132K)
               Motion To Amend 1 (6K)

13)  11-94     Amending Section 12.08.270 of the Lincoln
               Municipal Code relating to alcoholic liquor
               in parks to allow alcohol to be served at 
               Pinewood Bowl and in the indoor premises of
               Pioneers Park Nature Center and Auld Pavilion
               under the circumstances provided therein.
               Fact Sheet (140K)
               Motion To Amend 1 (6K)
               Motion To Amend 2 (6K)

14)  11-95     Amending Section 10.14.450 of the Lincoln
               Municipal Code relating to obstructing the
               view of a driver by adding a phrase to
               specify what constitutes an obstruction, to
               reduce enforcement to a secondary violation
               to harmonize the section with state statute
               amendments, and to establish minimum fines
               for violations of the section; repealing
               Section 10.14.450 of the Lincoln Municipal
               Code as hitherto existing; and establishing
               an effective date of August 24, 2011, to
               coincide with the effective date of the state
               statute amendments.
               Fact Sheet (17K)

15)  11-98     Change of Zone 11021 - Application of First
               Apostolic Church to designate the property at
               3935 Randolph Street as a Historic Landmark.
               Fact Sheet (776K)
               Attachment (301K)

16)  11-99     Change of Zone 11022 - Amending Section
               27.61.100 of the Lincoln Municipal Code
               relating to Expansion of Nonstandard Single-
               and Two-family Dwellings Into Required Yards
               to allow the enlargement, extension, or
               reconstruction of the main building used for
               a single- or two-family dwelling and
               accessory buildings considered part of the
               main building in the R-1 through R-8
               Residential Zoning Districts.
               Fact Sheet (19K)

17)  11-100    Vacation 11007 - Vacating a portion of S Street, a
               portion of North 6th Street and a portion of the
               east-west alley of Block 270, Original Plat of
               Lincoln; and a portion of T Street and a portion
               of the east-west alley in Block 281, Original Plat
               of Lincoln.
               Fact Sheet (443K)

18)  11-101    Approving an Agreement between the City and New
               Cingular Wireless PCS to locate a communication
               facility on property generally located at 56th
               Street and Pine Lake Road.
               Fact Sheet (19K)
               Attachment (4753K)


PUBLIC HEARING - RESOLUTIONS

19)  11R-161   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of June 16 - 30,
               2011. (ADOPTED, 5-0; A-86415)
               Fact Sheet (14K)
               Attachment (23K)

20)  11R-156   Approving the Fiscal Year 2011 Action Plan: One
               Year Use of Funds for HUD Entitlement Programs.
               Fact Sheet (138K)
               Attachment (843K)
               Motion To Amend 1 (6K)
               (MTA #1, 5-0; ADOPTED AS AMENDED, 5-0; A-86416)
 
21)  11R-157   Approving a Funding Agreement between the City of
               Lincoln and the State of Nebraska Department of
               Roads to allow the use of Federal Transportation
               Program Funds for construction and construction
               engineering to replace existing pedestrian signal
               heads with countdown-style pedestrian signal
               heads. City project No. 701076. State Project No.
               HSIP 5239(7), CN 12927.  (ADOPTED, 5-0; A-86417)
               Fact Sheet (13K)
               Attachment (1507K)

22)  11R-160   Special Permit 11014 - Application of William and
               Myrna Wood to reduce the side yard setback to 0
               feet to allow use of the east side yard for an
               egress stair from the third floor on property
               generally located at 720 S. 16th Street.
               (ADOPTED, 5-0; A-86418)
               Fact Sheet (403K)

                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 23 THRU 25 HAD 1ST READING)

23)  11-102    Street Name Change 11003 - Renaming that portion
               of North 90th Street between Leighton Avenue and
               Broken Spoke Drive as "Cedar Cove Road" located in
               Cedar Cove Addition.
               Fact Sheet (363K)
               Attachment (1616K)

24)  11-103    Amending Chapter 8.44 of the Lincoln Municipal
               Code relating to Water Wells by amending Section
               8.44.010 to add, delete and revise definitions
               used within the chapter; amending Section 8.44.020
               to clarify the purposes of this chapter; amending
               Section 8.44.030 regarding the permitted use of
               water wells; repealing Section 8.44.040, Temporary
               Permit for Domestic Use of New Water Well - When
               Required; amending Section 8.44.050 regarding who
               is authorized in construction or repair of water
               wells and what permits are required; amending
               Section 8.44.060 to require permits for
               maintaining and using water wells every year;
               amending Section 8.44.070 to clarify fees and
               refunds and filing of the permit; amending Section
               8.44.075 to change permit fee references from
               biennial to annual; amending Section 8.44.080 to
               clarify appeal requirements; amending Section
               8.44.100 to clarify notice and procedure to
               decommission a water well; amending Section
               8.44.110 to clarify permitted use of water wells
               within the city limits; amending Section 8.44.120
               to clarify decommissioning of a well by the
               Director; and adding a new section numbered
               8.44.130 to provide enforcement and penalty
               provisions for violations of Chapter 8.44.
               Fact Sheet (145K)
               Attachment (56K)

25)  11-104    Amending Section 3.24.080 of the Lincoln Municipal
               Code relating to the Telecommunication Occupation
               Tax to further clarify that state universal
               service fund fees have been and continue to be a
               necessary component of telecommunication services
               which are subject to the telecommunication
               occupation tax; and to indicate that
               Telecommunication Relay System surcharges and
               Enhanced Wireless 911 surcharges are no longer
               subject to the telecommunication occupation tax.
               Fact Sheet (14K)


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

26)  11-89     Change of Zone 11020 - Amending Section
               27.31.040 of the Lincoln Municipal Code
               relating to permitted conditional uses in the
               B-2 Planned Neighborhood Business District to
               modify conditional use requirements for the
               sale of alcoholic beverages for consumption
               on and off the premises by deleting required
               yards and parking prohibitions in a required
               yard when the building containing the licensed
               premises abuts a residential district and adding
               new language requiring all exterior door openings
               of the licensed premises to be located more than
               100 feet away from any parking spaces located in a
               side or rear yard adjacent to a residential
               district. (PASSED, 5-0; #19572)
               Fact Sheet (1292K)

27)  11-90     Amending the pay schedule and schedule of pay
               ranges for employees whose classifications
               are assigned to a pay range prefixed by the
               letter "A" by creating the classification of
               Business Development Specialist. (PASSED, 5-0;
               #19573)
               Fact Sheet (117K)
               Attachment (9K)

28)  11-91     Amending Section 2.76.135 of the Lincoln
               Municipal Code relating to Compensation Plan;
               Merit Pay Plan to provide that part-time and
               unrepresented employees coincide with the CIR
               order for "N" and "X" pay range employees,
               and making the changes retroactively
               effective August 19, 2010. (PASSED, 4-1;
               CAMP, COOK, ESKRIDGE, SNYDER ASSENTING; HORNUNG
               DISSENTING; #19574)
               Fact Sheet (117K)

29)  11-92     Amending Section 2.76.200 of the Lincoln
               Municipal Code relating to Compensation Plan;
               Temporary Assignment in a Higher
               Classification to provide that part-time and
               unrepresented employees at the maximum of
               their "N" or "X" pay ranges receive a three
               and one-half percent increase, and making the
               changes retroactively effective August 19,2010.
               (PASSED, 4-1; CAMP, COOK, ESKRIDGE, SNYDER 
               ASSENTING; HORNUNG DISSENTING; #19575)
		   Fact Sheet (121K)


PENDING LIST - DATE CERTAIN

30)  11-47     Amending Ordinance No. 17366 passed June 29,
               1998, and Ordinance No. 18214 passed August
               4, 2003, for the widening and reconstruction
               of Old Cheney Road from Nebraska Highway 2 to
               approximately 1,450 feet east of South 84th
               Street to remove design requirements for
               raised medians and right turn lanes.
               (5/2/11 - Action delayed 1 wk  w/P.H. on
               5/9/11) (5/9/11 - Placed on Indefinite
               Pending) (6/20/11 - Remove from
               Pending to have P.H. 7/25 with Action on
               8/1/11)
               Fact Sheet (19K)
               Attachment (350K)


PENDING LIST	(EXTENDED ONE WEEK)

31)  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)

32)  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)

33)  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)

34)  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)

35)  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)

36)  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)

37)            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)

38)  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)

39)  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)

40)  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)

41)  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)

42)  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)
               Fact Sheet (135K)
               Attachment (42K)


WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
    PUBLIC HEARING ON MONDAY, JULY 25, 2011, AT 5:30 P.M.
                                          (APPROVED, 5-0)

43)  11R-162   Declaring the official intent of the City of
               Lincoln, Nebraska to reimburse certain expenses in
               connection with acquisition, installation and
               implementation of computer software used by the
               City from proceeds of City of Lincoln, Nebraska
               Certificates of Participation.

44)  11R-163   Approving the issuance of not to exceed
               $100,000,000 of General Obligation Facility Bonds
               of the West Haymarket Joint Public Agency.

45)  11R-158   Approving the Application of the Lincoln-Lancaster
               County Health Department to the Nebraska
               Department of Health and Human Services for a
               subgrant in the amount of $938,626.18 for the
               Minority Health Initiative Projects for the period
               of July 1, 2011 through June 30, 2013.
               Fact Sheet (87K)
               Attachment (4611K)

46)  11R-164   Appointing Mogien Boyd to the Lincoln-Lancaster
               County Board of Health for a three-year term
               expiring April 15, 2014.
               Attachment (67K)

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 JULY  ARE THE 11TH AND 25TH.


ADJOURNMENT	4:27

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