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Formal Agenda


        ACTION FROM THE REGULAR CITY COUNCIL MEETING TO BE HELD
                 MONDAY, AUGUST 22, 2011 AT 3:00 P.M.

                          ALL MEMBERS PRESENT

                            PUBLIC HEARING
                            CONSENT AGENDA

Anyone wishing to address an item on the Consent Agenda may do so at this time


REPORTS OF CITY OFFICERS

 1)  11R-192   Appointing Amy Ostermeyer to the City Personnel
               Board for a five year term expiring June 22, 2016. 
               (ADOPTED, 7-0; A-86459)                               
               Attachment (176K)

 2)  11R-197   Reappointing Emily Casper, Scott Hofeling, and
               John Williams to the Community Forestry Advisory
               Board for terms expiring August 17, 2014. 
               (ADOPTED, 7-0; A-86460)

 3)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on
               August 8, 2011. (PLACED ON FILE)

 4)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on
               August 15, 2011. (PLACED ON FILE)
                    
PETITIONS & COMMUNICATIONS

 5)            Setting the hearing date of Monday, September 12,
               2011 at 3:00 p.m. for the application of Dozo
               Sushi Grill Lounge LLC dba Dozo Sushi Grill Lounge
               for a Class I liquor license located at 151 N. 8th 
               St., Suite 100. (ADOPTED, 7-0; A-86461) 

 6)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 11038 to change
               of Zone No. 2179E, Central Park Planned Unit
               Development, approved by the Planning Director on
               August 15, 2011, requested by Postural Restoration
               Institute, LLC., to move lot lines of Unit 3 and
               increasing the area of Unit 3 to 2, 150 square
               feet, on property generally located at N. 52nd St.
               and R St.  


 7)  MISCELLANEOUS REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 8)            Application of Towers Event Center Inc. dba The
               Towers Event Center for a Class I liquor license
               at 6891 A Street. (ADOPTED FOR APPROVAL, 7-0; A-86462)

 9)            Manager application of Janice Kreifels for Towers
               Event Center Inc. dba The Towers Event Center at
               6891 A Street. (ADOPTED FOR APPROVAL, 7-0; A-86463)

10)            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 and an outdoor area measuring
               approximately 75 feet by 53 feet to the north at
               1644 P Street on September 2, 9, 16; October 7,
               28; November 4, 2011 from 5:00 p.m. to 2:00 a.m.
               and on September 3, 10, 17; October 8, 29;
               November 5, 25, 26, 2011 from 8:00 a.m. to 2:00
               a.m. (ADOPTED FOR APPROVAL, 7-0; A-86464)

11)            Application of Will-Mack, LLC dba Hour Lounge for
               the addition of a catering license to its Class C
               liquor license at 101 North 14th Street, #6. 
               (ADOPTED FOR APPROVAL, 7-0; A-86465)


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

12)  11-123    Approving the First Amendment to Lease Agreement
               between the City of Lincoln and Lancaster County
               School District 001 for an additional 3,425 square
               feet of space for use by Lincoln Public Schools at
               949 West Bond Street.
               Fact Sheet (12K)
               Attachment (505K)


PUBLIC HEARING - RESOLUTIONS

13)  11R-193   Approving the First Renewal to Contract for
               Armored Car Services between the City of Lincoln
               and Rochester Armored Car for a period of two
               years, pursuant to Bid No. 09-209. (ADOPTED, 7-0; A-86466)
               Fact Sheet (110K)
               Attachment (444K)

14)  11R-194   Approving an Agreement between the City of Lincoln
               on behalf of the Lincoln-Lancaster County Health
               Department and Smiths Detection for use of the
               Smith Detection HazMat ID System for a three year
               term. (ADOPTED, 7-0; A-86467)
               Fact Sheet (84K)
               Attachment (973K)

15)  11R-195   Approving an Interlocal Agreement between the City
               of Lincoln on behalf of the Lincoln-Lancaster
               County Health Department and Lancaster County for
               assistance with Pandemic Flu Preparedness and
               Response for a term of July 1, 2011 through
               December 31, 2011. (ADOPTED, 7-0; A-86468)
               Fact Sheet (87K)
               Attachment (409K)

16)  11R-196   Approving the Labor Contract between the City of
               Lincoln and the Lincoln M Class Employees
               Association to be effective August 18, 2011. 
               (ADOPTED, 5-2; CARROLL, COOK, EMERY, ESKRIDGE, SNYDER ASSENTING; 
               CAMP, HORNUNG DISSENTING; A-86469)               
               Fact Sheet (87K)
               Attachment (69K)
               Attachment 2 (54K)

                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)(ITEMS 17 THRU 23 HAD 1ST READING)

17)  11-124    Change of Zone 11027 - Amending Title 27 of the
               Lincoln Municipal Code by amending Sections
               27.25.020, 27.27.020, 27.28.020, 27.31.030,
               27.37.020, 27.41.020, 27.43.020, and 27.45.020 to
               allow adult care centers as a permitted use in the
               O-1 Office District, O-3 Office Park District, R-T
               Residential Transition District, B-2 Planned
               Neighborhood Business District; B-5 Planned
               Regional Business District, H-2 Highway Business
               District, H-3 Highway Commercial District and H-4
               General Commercial District, respectively.
               Fact Sheet (17K)

18)  11-125    Change of Zone 11029 - Amending Section 27.45.025
               of the Lincoln Municipal Code to allow hotels and
               motels in the H-4 General Commercial District as a
               permitted conditional use.
               Fact Sheet (64K)

19)  11-126    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 (109K)

20)  11-127    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 8.14.037 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.
               Fact Sheet (122K)

21)  11-128    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.
               Fact Sheet (112K)

22)  11-129    Amending Chapter 24.42 of the Lincoln Municipal
               Code relating to Regulation of Property Transfers
               with On-site Systems to increase the fees for
               required services of reviewing private industry
               property transfer reports and conducting
               inspections, providing consultative assistance,
               and enforcement.

23)  11-130    Amendment Chapter 8.44 of the Lincoln Municipal
               Code relating to Water Wells to increase the fees
               for providing required services of water well
               inspections, sampling, consultative assistance and
               enforcement.
               Fact Sheet (131K)


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

24)  11-120    Change of Zone 11025 - 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. (PASSED, 6-1; CAMP, CARROLL, COOK, 
               ESKRIDGE, HORNUNG, SNYDER ASSENTING; EMERY DISSENTING; #19604)
               Fact Sheet (1057K)

25)  11-121    Comp. Plan Conformance 11007 - Declaring
               approximately 2.5 acres of previously vacated
               property generally located at the southwest corner
               of North 14th Street and Manatt Street as surplus
               and authorizing the sale thereof. (Related
               Items: 11-121, 11-122, 11R-191) (Action Date:
               8/22/11)(MTA #1 TO ACCEPT THE SUB. ORD. ADOPTED, 7-0; 
               PASSED AS AMENDED, 7-0; #19605)
               Fact Sheet (428K)
               Motion To Amend (6K)
	       Substitute

26)  11-122    Vacation 11008 - Vacating North 13th Street from
               Manatt Street south to the north line of vacated
               North 13th Street; vacating Hartley Street from
               the west right-of-way line of North 14th Street to
               the east right-of-way line of North 13th Street;
               and vacating the east-west alley from the west
               right-of-way line of North 14th Street to the east
               right-of-way line of North 13th Street, generally
               located at North 13th Street and Hartley Street.
               (Related Items: 11-121, 11-122, 11R-191)
               (Action Date: 8/22/11)(PASSED, 7-0; #19606)
               Fact Sheet (405K)

27)  11R-191   Approving an Agreement between the City of Lincoln
               and Lancaster County School District 001 for the
               sale and/or exchange of property related to the
               vacation and surplus of property generally located
               at N. 13th Street and Manatt Street.
               (Related Items: 11-121, 11-122, 11R-191)
               (Action Date: 8/22/11)(ADOPTED, 7-0; A-86470)
               Fact Sheet (13K)
               Attachment (509K)


RESOLUTION - ACTION ONLY

28)  11R-180S   Adopting the 2011/12 City of Lincoln Annual
               Operating Budget and Capital Improvement Program
               for FY 2011/12 - 2016/17. (Action Date:
               8/22/11)(MTA #1 ADOPTED, 7-0; SUB. RESO. 
               ACCEPTED AS AMENDED, 7-0; FINAL VOTE ON THE AMENDED 
               SUB. RESO.,  5-2; CARROLL, COOK, EMERY, ESKRIDGE, 
               SNYDER ASSENTING; CAMP, HORNUNG DISSENTING; A-86471)


PENDING LIST - DATE CERTAIN

29)  11R-187   Hearing on the appeal of Ameeta Martin from the
               determination of Impact Fees   imposed for the 
               non-residential building located at 7301 South
               27th Street, Suite 150 and requesting a waiver or 
               reduction of said fees. (8/15/11 - Con't P.H. 2 wks 
               to 8/29/11)
               Fact Sheet (18K)
               Attachment (218K)

PENDING LIST	(EXTENDED ONE WEEK, SEE ITEM 32)

30)  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)

31)  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)

32)  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)(WITHDRAWN, 7-0; #38-4609)
               Fact Sheet (220K)
               Attachment (296K)

33)  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)

34)  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)

35)  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)

36)            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)

37)  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)

38)  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)

39)  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)

40)  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)

41)  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 29, 2011, AT 5:30 P.M. 
                                                     (APPROVED, 7-0)

42)  11R-198   Declaring the official intent of the City to
               reimburse certain expenses in connection with the
               acquisition, construction, equipping and
               furnishing of improvements in Water District No.
               1198, Water District No. 1199, Water District No.
               1200, and Sanitary Sewer District No. 1184 of the
               City from the proceeds of City special assessment
               revolving fund bonds.

43)  11R-199   Approving Contract Documents between the City of
               Lincoln and ESRI Inc. for the supply and delivery
               of ESRI Geographic Information System (GIS)
               software products, maintenance services and
               training pursuant to State of Nebraska Contract
               No. 11842 OC for a term effective from the date of
               execution through January 1, 2013.
               Fact Sheet (108K)
               Attachment (4372K)

44)  11R-200   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,
               2011.
               Fact Sheet (13K)
               Attachment (21K)

45)  11R-201   Appointing Vicki Huff to the LES Board to fill an
               unexpired term expiring December 31, 2012.
               Attachment (89K)

46)  11R-202   Approving the Audit Advisory Board recommendation,
               pursuant to Resolution No. A-86267, regarding the
               appropriate type of audit and the appropriate
               scope of the audit of the functions, programs and
               activities of the City of Lincoln, Department of
               Public Works and Utilities in the areas of
               operations of its Engineering Services Division
               and utilization by the Department of collected
               impact fees.
               Attachment (91K)

47)  11R-203   Approving a Consultant Agreement between the City
               of Lincoln and HBE Becker Meyer Love LLP for
               examination of the City's Public Works & Utilities
               Department with regard to compliance and
               collection of impact fees.
               Attachment (168K)

48)  11R-204   Special Permit No. 1114E - Appeal of Heritage
               Builders, Inc. to the Planning Commission's denial
               for authority to amend the Pheasant Run Community
               Unit Plan to allow the sidewalk required along one
               side of Pheasant Run Lane to remain as it is
               constructed with one-half on either side of the
               street, on property generally located at Pheasant
               Run Lane and Old Cheney Road.
               Fact Sheet (1351K)
                                   
49)  11R-205   Adopting an amended schedule of costs increasing
               the annual inspection fee for conducting National
               Pollutant Discharge Elimination System (NPDES)
               stormwater permit compliance inspections at
               regulated industrial facilities by Health
               Department staff.
               Fact Sheet (119K)

50)  11R-206   Increasing fees for special waste permits as
               authorized under Chapter 8.32 of the Lincoln
               Municipal Code.
               Fact Sheet (116K)

51)  11R-207   Amending the Lincoln-Lancaster County Air
               Pollution Control Regulations and Standards to
               revise and consolidate the location of various
               fees, to increase the fee for asbestos
               notifications and for emissions of regulated air
               pollutants for which fees are charged.
               Fact Sheet (131K)
               Attachment (674K)


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 15TH AND 29TH.


ADJOURNMENT 3:48 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.,
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                       on 5 City-TV, Cable Channel 5.
                                    ****
 The City Council Agenda and Action Sheet may be accessed on the Internet at:
                              lincoln.ne.gov