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Formal Agenda


            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                  MONDAY, FEBRUARY 14, 2011 AT 3:00 P.M.

                     ALL MEMBERS PRESENT EXCEPT EMERY

         THERE WILL BE NO COUNCIL MEETING THE WEEK OF FEBRUARY 21
                         PRESIDENTS' DAY OBSERVED

                              PUBLIC HEARING
                              CONSENT AGENDA

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


REPORTS OF CITY OFFICERS

 1)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on January 31, 2011.  (PLACED ON FILE)

 2)            Resolution approving the distribution of funds
               representing interest earnings on short-term
               investments of Idle Funds during the month ended
               December 31, 2010. (ADOPTED, 6-0; A-86239)


PETITIONS & COMMUNICATIONS

 3)            Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for the month of January,
               2011.  (PLACED ON FILE)

 4)            REFERRALS TO THE PLANNING DEPARTMENT:
               Change of Zone No. 11003 - Requested by
               the Director of Planning amending Title 27 of
               the Lincoln Municipal Code relating to Zoning by
               adding a new section numbered 27.03.161 to
               provide a definition for "Commercial Wind Energy
               Conversion System/Turbine (CWECS)"; amending
               Section 27.07.040 to allow CWECS in the AG
               Agriculture District as a special permitted use
               and providing conditions of approval; amending
               Chapter 27.63 of the Lincoln Municipal Code by
               adding a new section numbered 27.63.425 to
               provide conditions for granting a special permit
               to allow a CWECS in the AG Agriculture District,
               and repealing Section 27.07.040 of the Lincoln
               Municipal Code as hitherto existing.

 5)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Waiver No. 10026 to Final Plat No. 02005
               approved by the Planning Director on February 7,
               2011 requested by Engineering Design
               Consultants, LLC to extend the time for two
               years to install landscape screen, private
               ornamental lighting, private sanitary sewer,
               permanent monuments, sidewalks, street name
               signs, street paving and street trees for I-80
               Business Park Addition. The improvements shall
               be completed by February 7, 2013. Sidewalks
               must still be completed on any lot prior to
               occupancy as part of a building permit. 
               Property is generally located at NW 27th Street
               and West O Street. 


 6)  MISCELLANEOUS REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 7)            Application of JASF, Inc. dba Dawghouse Bar &
               Grill for a Class C liquor license at 2050
               Cornhusker Highway. (ADOPTED FOR APPROVAL, 6-0; 
               A-86240)

 8)            Manager application of Amy S. Shaffer for JASF,
               Inc. dba Dawghouse Bar & Grill at 2050
               Cornhusker Highway. (ADOPTED FOR APPROVAL, 6-0; 
               A-86241)

 9)            Application of Hawkins Restaurant Group, LLC dba
               Grateful Greens Gourmet Chopped Salads for a
               Class IK liquor license at 1451 O Street.
               (ADOPTED FOR APPROVAL, 6-0; A-86242)

10)            Manager application of James W. Larson for
               Hawkins Restaurant Group, LLC dba Grateful
               Greens Gourmet Chopped Salads at 1451 O Street.
               (ADOPTED FOR APPROVAL, 6-0; A-86243)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)(ITEMS 11 
THRU 13 HAD 2ND READING)

11)  11R-41    Approving Amendment No. 1 to the Northbank
               Junction Conditional Annexation and Zoning
               Agreement between Roger H. Schwisow, Eldonna
               Schwisow, Hartland Homes Inc. and the City of
               Lincoln to amend the terms of the Agreement with
               respect to development of property generally
               located at North 56th Street and Alvo Road prior
               to the preparation and submittal of a traffic
               study. (Related Items: 11R-41, 11-15) (Action
               Date: 2/28/11)
               Attachment (191K)

12)  11-15     Change of Zone 10027 - Application of
               Hartland Homes for a change of zone from AG
               Agricultural District to H-4 General
               Commercial District on property generally
               located at North 54th Street and Alvo Road.
               (Related Items: 11R-41, 11-15) (Action
               Date: 2/28/11)
               Fact Sheet (467K)

13)  11-16     Adopting the supplements to the Lincoln
               Municipal Code dated June 2010 and December
               2010 as part of the official Lincoln
               Municipal Code.
               Fact Sheet (15K)


PUBLIC HEARING - RESOLUTIONS

14)  11R-39    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of January 16 -
               31, 2011. (ADOPTED, 6-0; A-86244)
               Fact Sheet (14K)
               Attachment (18K)

                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEM 15 
HAD 1ST READING)

15)  11-17     Creating a Business Improvement District
               for the maintenance, repair and
               reconstruction of certain public facilities
               and improvements within the area of South
               Street from the alley west of 9th Street
               east to 19th Street and providing for
               special assessments to be imposed within
               the district.
               Fact Sheet (136K)
               Attachment (221K)


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

     NONE


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED TWO WEEKS)

16)  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)

17)  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)

18)  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)

19)  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)

20)  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)

21)  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)

22)            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)

23)  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)

24)  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, FEBRUARY 28, 2011 AT 5:30 P.M.
                                                    (APPROVED, 6-0)

25)  11R-42    Assessing expense incurred by the City for
               demolition and removal of a dangerous building
               against the property generally located at 1237
               North 21st Street.
               Fact Sheet (140K)
               Attachment (425K)

26)  11R-43    Approving a License Agreement between the City
               of Lincoln and B&J Partnership, Ltd. to modify
               and extend the temporary lease of space at 531
               Westgate Boulevard by the Public Works &
               Utilities Department for its Engineering
               Services Test Lab.
               Fact Sheet (86K)
               Attachment (238K)

27)  11R-44    Approving a Contract Agreement between the City,
               Lancaster County and Physician Sales & Service
               for the annual supply of Medical Equipment and
               Supplies to be used by various City departments,
               pursuant to Bid No. 10-220, for a four year term
               effective upon execution by all the parties. 
               The estimated one year cost is $155,508.62
               ($622,034.48 for four years) with 70% being used
               by the City ($108,856.04 per year) and the
               remaining 30% being used by the County.
               Fact Sheet (137K)
               Attachment (5326K)

28)  11R-45    Approving a Contract Agreement between the City,
               Lancaster County and Life-Assist for the annual
               supply of Medical Equipment and Supplies to be
               used by various City departments, pursuant to
               Bid No. 10-220, for a four year term effective
               upon execution by all the parties. The
               estimated one year cost is $26,187.00
               ($104,748.00 for four years) with 70% being used
               by the City ($18,330.90 per year) and the
               remaining 30% being used by the County.
               Fact Sheet (119K)
               Attachment (4080K)


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 FEBRUARY ARE
     THE 14TH AND 28TH.


ADJOURNMENT   3:20 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.
                                   ****
The City Council Agenda and Action Sheet may be accessed on the Internet at:
                              lincoln.ne.gov


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