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Formal Agenda


          ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                  MONDAY, JULY 25, 2011 AT 5:30 P.M.

                   ALL MEMBERS PRESENT EXCEPT 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-164   Appointing Mogien Boyd to the Lincoln-Lancaster
               County Board of Health for a three-year term
               expiring April 15, 2014. (ADOPTED, 6-0; 
               A-86419)
               Attachment (67K)
			   
 2)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on July 11, 2011. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 3)            Setting the hearing date of Monday, August 15,
               2011 requested by Ameeta Martin, M.D., appealing
               from the determination of Impact Fees imposed on
               the property known as 7301 S. 27th Street,
               Suites 150-170. (APPROVED, 6-0)

 4)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 11032 to Use
               Permit No. 80, University of Nebraska Technology
               Park, approved by the Planning Director on July
               13, 2011 requested by University of Nebraska
               Foundation to add section 4.8  Aesthetic
               Improvements to Article IV - Landscaping and
               amend Covenants, Conditions and Restrictions as
               required by Article III of Resolution A-77118
               for the University of Nebraska Technology Park
               on property generally at NW. 1st Street and
               Highland Blvd.
               Administrative Amendment No. 11035 to
               Special Permit No. 419A Southwood Community Unit
               Plan, approved by the Planning Director on July
               15, 2011 requested by Hutchinson Architects to
               add the note "Building locations are conceptual
               and may be constructed anywhere within the
               required setbacks" on property generally located
               at S. 27th Street and Highway 2.


 5)  MISCELLANEOUS  REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 6
THRU 9 HAD 2ND READING, SEE ITEM 9)

 6)  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)

 7)  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)
			   
 8)  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)

 9)  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) (CON'T P.H. ONE WK. TO 
               8/1/11 W/ACTION ON 8/8/11, 6-0)
               Fact Sheet (19K)
               Attachment (350K)
			   

PUBLIC HEARING - RESOLUTIONS

10)  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. 
               (ADOPTED, 6-0; A-86420)

11)  11R-163   Approving the issuance of not to exceed
               $100,000,000 of General Obligation Facility
               Bonds of the West Haymarket Joint Public Agency.
               (ADOPTED, 6-0; A-86421)

12)  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.
               (ADOPTED, 6-0; A-86422)
               Fact Sheet (87K)
               Attachment (4611K)

                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 13 
THRU 21 HAD 1ST READING)

13)  11-105    Change of Zone 11024 - Application of Southview
               Inc. for a change of zone from B-2 Planned
               Neighborhood Business District to B-2 Planned
               Unit Development on property generally located
               at N. 14th Street and Fletcher Avenue; approving
               a Planned Unit Development District designation;
               approving a development plan to develop 198,825
               sq. ft. of commercial floor area and 565
               dwelling units; and approving a waiver to allow
               administrative amendments.
               Fact Sheet (594K)
			   
14)  11-106    Approving an Amendment to the Bond Ordinance for
               the City of Lincoln Haymarket Hotel/Tool House
               Redevelopment Project in Downtown Lincoln to
               allow for a change in the effective date and
               amend the total not to exceed amount to
               $3,015,000. (Related Items 11-106, 11R-168)
               (Action Date: 8/8/11)

15)  11R-168   Approving an Amendment to the Redevelopment
               Agreement for the City of Lincoln Haymarket
               Hotel/Tool House Redevelopment Project in
               Downtown Lincoln to allow for a change in the
               effective date and to amend the total not to
               exceed amount to $3,015,000. (Related Items
               11-106, 11R-168) (Action Date: 8/8/11)
               Fact Sheet (122K)
               Attachment (91K)
			   
16)  11-107    Approving an Amendment to the Bond Ordinance for
               the City of Lincoln Block 38 Redevelopment
               Project in Downtown Lincoln to allow for a
               change in the effective date. (Related Items
               11-107, 11R-169) (Action Date: 8/8/11)

17)  11R-169   Approving an Amendment to the Redevelopment
               Agreement for the City of Lincoln Block 38
               Redevelopment Project in Downtown Lincoln to
               allow for a change in the effective date.
               (Related Items 11-107, 11R-169) (Action Date:
               8/8/11)
               Fact Sheet (124K)
               Attachment (10K)
			   
18)  11-108    Approving an Amendment to the Bond Ordinance for
               the City of Lincoln Telesis/Dairy House
               Redevelopment Project in Downtown Lincoln to
               allow for a change in the effective date and
               amend the total not to exceed amount to
               $651,000.(Related Items 11-108 11R-170)
               (Action Date: 8/8/11)

19)  11R-170   Approving an Amendment to the Redevelopment
               Agreement for the City of Lincoln Telesis/Dairy
               House Redevelopment Project in Downtown Lincoln
               to allow for a change in the effective date and
               to amend the total not to exceed amount to
               $651,000. (Related Items 11-108 11R-170)
               (Action Date: 8/8/11)
               Fact Sheet (124K)
               Attachment (81K)
			   
20)  11-109    Approving an Amendment to the Bond Ordinance for
               the City of Lincoln North Haymarket Hotel
               Redevelopment Project in Downtown Lincoln to
               allow for a change in the effective date.
               (Related Items 11-109 11R-171) (Action Date:
               8/8/11)

21)  11R-171   Approving an Amendment to the Redevelopment
               Agreement for the City of Lincoln North
               Haymarket Hotel Redevelopment Project in
               Downtown Lincoln to allow for a change in the
               effective date. (Related Items 11-109 11R-
               171) (Action Date: 8/8/11)
               Fact Sheet (122K)
               Attachment (31K)
			   

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

22)  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.
               (PASSED, 6-0; #19576)

23)  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.
               (PASSED, 5-1; CAMP, CARROLL, COOK, ESKRIDGE, 
               SNYDER ASSENTING; HORNUNG DISSENTING; #19577)

24)  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. (MTA #2 ADOPTED, 6-0; 
               PASSED AS AMENDED, 6-0; #19578)
               Fact Sheet (132K)
               Motion To Amend 1 (6K)

25)  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.
               (MTA #3 ADOPTED, 5-0; CARROLL, COOK, ESKRIDGE, 
               HORNUNG, SNYDER ASSENTING; CAMP ABSTAINING; 
               PASSED AS AMENDED, 5-1; CAMP, CARROLL, COOK, 
               ESKRIDGE, SNYDER ASSENTING; HORNUNG DISSENTING; 
               #19579)
               Fact Sheet (140K)
               Motion To Amend 1 (6K)
               Motion To Amend 2 (6K)
               Motion To Amend 3 (8K)
               Memo (324K)

26)  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. (PASSED, 6-0; #19580)
               Fact Sheet (17K)

27)  11-98     Change of Zone 11021 - Application of First
               Apostolic Church to designate the property at
               3935 Randolph Street as a Historic Landmark.
               (PASSED, 6-0; #19581)
               Fact Sheet (776K)
               Attachment (301K)

28)  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.
               (PASSED, 6-0; #19582)
               Fact Sheet (19K)

29)  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.  (PASSED, 6-0; #19583)
               Fact Sheet (443K)

30)  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. 
               (PASSED, 6-0; #19584)
               Fact Sheet (19K)
               Attachment (4753K)


PENDING LIST - DATE CERTAIN

     NONE


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)

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, AUGUST 1, 2011, AT 3:00 P.M.
                                                 (APPROVED, 6-0)

43)  11R-166   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of July 1 - 15,
               2011.
               Fact Sheet (14K)
               Attachment (24K)
			   
44)  11R-165   Approving the 2011-2012 Maintenance and
               Management BID Budgets and Program of Work for
               the Downtown Lincoln Association Program for
               Fiscal Year 2011-12.
               Fact Sheet (100K)
               Attachment (1.5M)
			   
45)  11R-167   Approving the labor contract between the City of
               Lincoln and the Lincoln Firefighters
               Association, Local No. 644, International
               Association of Firefighters, effective August
               18, 2011.
               Fact Sheet (95K)
               Attachment (Agreement) (166K)
               Legislative Agreement			   

46)  11R-172   Reappointing John Henry "Jack" Zohner to the
               Heating, Ventilating and Cooling Board of
               Examiners for a term expiring April 4, 2014.

47)  11R-173   Reappointing Vance Behrens and Bruce Fischer to
               the Building Code Board of Appeals for terms
               expiring April 1, 2014.

48)  11R-174   Reappointing Dan Chrisp to the Electrical
               Advisory, Appeals and Examining Board for a
               three-year term expiring August 15, 2014.

49)  11R-175   Reappointing Orville Jones to the Lincoln
               Housing Authority Board for a five-year term
               expiring July 7, 2016.

50)  11R-176   Appointing Dr. Kara Biven to the Lincoln-
               Lancaster County EMS Oversight Authority Board
               for a term to expire July 15, 2015.
               Attachment (100K)
			   
51)  11R-177   Authorizing the Mayor to execute a Federal Funds
               Purchase Program Agreement between the City of
               Lincoln the State of Nebraska, Department of
               Roads (NDOR), to allow NDOR to exchange Federal
               Highway Bridge Program funds for State Cash.
               Fact Sheet (13K)
               Attachment (501K)

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   8:17 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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