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Formal Agenda


    ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
              MONDAY, FEBRUARY 28, 2011 AT 5:30 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)            Clerk's Letter and Mayor's Approval of
               Ordinances and Resolutions passed by Council on
               February 7, 2011. (PLACED ON FILE)

 2)            Clerk's Letter and Mayor's Approval of
               Ordinances and Resolutions passed by Council on
               February14, 2011. (PLACED ON FILE)

 3)            Report from City Treasurer of E911 Occupation
               Tax for the months July- Sept., 2010:  TWC
               Digital Phone; October - December, 2010:
               Airespring, Inc.; October, 2010: Budget
               Prepay, AT&T of Midwest, ACN, 8x8, Granite,
               Level 3, Qwest, TWC Digital, Charter Fiberlink-
               NE; November, 2010: iNetworks, AT&T of
               Midwest, ACN, Budget Prepay, Vonage America,
               Level 3, TWC Digital, Granite, Qwest, 8x8,
               Charter Fiberlink-NE; December, 2011:
               8x8, TWC Digital, Level 3, Qwest, ACN, AT&T of
               Midwest, Budget Prepay, Vonage, iNetworks. 
               (PLACED ON FILE)

 4)            Report from City Treasurer of Franchise Tax for
               the month of November & December, 2010 from
               Black Hills/Nebraska Gas Utility Co., LLC. 
               (PLACED ON FILE)
 

PETITIONS & COMMUNICATIONS

 5)            PLACED ON FILE IN THE CITY CLERK OFFICE:
               Waiver No. 10030 to Administrative Final Plat
               No. 02061, approved by the Planning Director
               on February 10, 2011, requested by Dial-Salt
               Creek, LP., to extend the time for two years to
               install paving and removal of temporary
               turnaround for Salt Creek Center 1st
               Addition.  The improvements shall be completed
               by February 10, 2013.  Property is generally
               located south of Interstate 80 at N.
               27th St. and Husker Circle. 

 6)            REFERRED TO THE PLANNING DEPT.:
               CHANGE OF ZONE NO. 11005, requested by Bob
               Stephens, from R-2 Residential District to R-4
               Residential District, on property generally
               located at SW 8th Street and Hanneman Drive.
               SPECIAL PERMIT NO. 1733D, requested by Bob
               Stephens, for an amendment to the Muff
               3rd ddition Community Unit Plan, to
               expand the limits of the Community Unit Plan by
               approximately 5.29 acres, more or less, on
               property generally located at SW 8th Street
               and Hanneman Drive.  The Planning
               Commission action is final action, unless
               appealed to the City Council.
               SPECIAL PERMIT NO. 11001, HiMark East,
               requested by Olsson Associates, for a Community
               Unit Plan and a recreation facility consisting
               of up to approximately 5 single family acreage
               lots and a 9 hole golf course with a pro shop
               and on-sale alcohol, on property generally
               located at S. 98th Street and Old Cheney Road. 
               The Planning Commission action is final action,
               unless appealed to the City Council.
               SPECIAL PERMIT NO. 11002, requested by Steve
               Fulton, for expansion of a non-conforming use,
               to build an addition to the residence and
               rebuild an existing garage within the side yard
               setback, on property generally located at S.
               25th Street and Woodsdale Boulevard (3130 S. 25th
               Street).  The Planning Commission action is final
               action, unless appealed to the City Council.
               SPECIAL PERMIT NO. 11003, requested by the
               Director of Planning on behalf of the City of
               Lincoln, to construct an approximately 165 foot
               tall broadcast tower, on property generally
               located at N. 70th Street and Cuming Street. 
               The Planning Commission action is final
               action, unless appealed to the City Council.
               
  7)           Setting the Hearing Date of Monday, March
               7, 2011 at 3:00 p.m. for the Application of
               Grayson, Inc. dba 501 West Lincoln Bar &
               Grill for a Class I liquor license located
               at 501 West A Street. (ADOPTED, 7-0; A-86245)


  8) MISCELLANEOUS REFERRALS

                  - END CONSENT AGENDA -
                       

PUBLIC HEARING
LIQUOR RESOLUTIONS

 9)            Application of Two Twins Inc. dba Two Twins Caf‚
               for a Class C liquor license at 333 North Cotner
               Blvd. #1.  (ADOPTED, 7-0; A-86246)


10)            Manager application of Denise A. Korinek for Two
               Twins Inc. dba Two Twins Caf‚ at 333 North
               Cotner Blvd. #1.(ADOPTED, 7-0;A-86247)


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

11)  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)


PUBLIC HEARING - RESOLUTIONS

12)  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. (ADOPTED, 7-0; A-86248)
               Fact Sheet (140K)
               Attachment (425K)

13)  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.(ADOPTED, 7-0;A-86249) 
               Fact Sheet (86K)
               Attachment (238K)

14)  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.
               (ADOPTED, 7-0;A-86250)
               Fact Sheet (137K)
               Attachment (5326K)

15)  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.
               (ADOPTED, 7-0; A-86251)
               Fact Sheet (119K)
               Attachment (4080K)

                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 16 THRU 22 HAD 1ST READING; SEE ITEM 21)

16)  11-20     Annexation No. 11001 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 47 acres of land generally
               located at South 63rd Street and Pine Lake
               Road. (Related Items: 11-20, 11-21)
               Fact Sheet (640K)
               Attachment (480K)

17)  11-21     Change of Zone No. 04075B - Application of
               Village Gardens Development Company LLC for
               a change of zone from AG Agricultural
               District to R-3 Residential District on
               approximately 47 acres of land generally
               located at South 63rd Street and Pine Lake
               Road and approving an amended development
               plan which includes modifications to the
               Zoning Ordinance and Land Subdivision
               Ordinance to allow approximately 220
               additional dwelling units and a domiciliary
               care facility in the underlying R-3 zoned
               area. (Related Items: 11-20, 11-21)
               Fact Sheet (3216K)

18)  11-22     Change of Zone No. 06063A - Application of
               North 47 Group, LLC to amend the North
               Forty Plaza Planned Unit Development to
               allow a pole sign in the front yard setback
               of North 84th Street, with a height of up
               to 18 feet tall and an area of 100 square
               feet, including an 80 square foot
               electronic changeable message board, on
               property generally located at North 84th
               Street and Adams Street.
               Fact Sheet (1612K)

19)  11-23     Vacation No. 10004 - Vacating Sumner Street
               from Jefferson Street to Memorial Drive,
               generally located on the west side of
               Antelope Park east of Jefferson Avenue and
               south of Garfield Street.
               Fact Sheet (396K)

20)  11-24     Amending Chapter 8.32 of the Lincoln
               Municipal Code relating to Solid Wastes by
               amending Section 8.32.060 to delete
               language setting forth the hours of
               operation of public sanitary landfills;
               amending Section 8.32.070 relating to
               prohibited activities in sanitary landfills
               to reference the change to 8.32.060
               regarding the hours of operation and
               repealing Sections 8.32.060 and 8.32.070 of
               the Lincoln Municipal Code as hitherto
               existing. 
               Fact Sheet (53K)

21)   11-25    Applying an Adoption Agreement relating to
               the retirement plan for Unclassified Department
               Heads pursuant to Article II, Section 3 of the
               Charter of the City of Lincoln to provide that
               the employer contributions shall be 9% of an 
               employee's compensation and to provide that employee
               contribution shall be 7% of the employee's compensation
               for employees hired on or after April 1, 2011.
               (PLACED ON PENDING FOR 2 WKS. W/1ST READING ON
               3/14/11 & PUBLIC HEARING ON 3/21/11, 6-1; CAMP, COOK,
               EMERY, HORNUNG, SNYDER, SPATZ ASSENTING; CARROLL DISSENTING)
               Fact Sheet (105K)
               Attachment (1621K)

22)   11-26    Adopting Amendment No. 1 to the City of Lincoln
               Retirement Plan to provide 9% employer contributions
               and 7% employee contributions for employees in positions
               and pay ranges prefixed by "E" and "X" hired on or after
               April 1, 2011.
               Fact Sheet (90K)
               Attachment (117K)


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

23)  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)(ADOPTED, 7-0; A-86252)
               Attachment (191K)

24)  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)(PASSED, 7-0; #19501)
               Fact Sheet (467K)

25)  11-16     Adopting the supplements to the Lincoln
               Municipal Code dated June 2010 and December
               2010 as part of the official Lincoln
               Municipal Code.(PASSED, 7-0; #19502)
               Fact Sheet (15K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST	(EXTENDED ONE WEEK)

26)  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)

27)  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)

28)  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)

29)  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)

30)  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)

31)  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)

32)            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)

33)  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)

34)  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, MARCH 7, 2011, AT 3:00 P.M.
						(APPROVED, 7-0)
					
35)  11R-46    Appointing Karen Nalow to the Capital Environs
               Commission for term expiring January 9, 2014.
               Attachment (33K)

36)  11R-48    Reappointing Patrick E. Beans to the Lincoln
               Electric System Administrative Board for a term
               expiring January 1, 2014.
               Attachment (107K)

37)  11R-49    Appointing Cathy Beecham to the Lincoln Electric
               System Administrative Board for a term expiring
               January 1, 2014.
               Attachment (85K)

38)  11R-50    Appointing Janette Robb to the Veterans Memorial
               Garden Advisory Council for a term expiring
               November 1, 2012.
               Attachment (341K)

39)  11R-54    Reappointing Jim Mastera to the Audit Advisory
               Board for a term expiring March 2, 2014.

40)  11R-47    Approving a Contract Agreement between the City
               and Jackson Services, Inc. for the annual
               requirements for StarTran Uniform Rental,
               pursuant to Bid No. 11-018, for a two year term.
               Fact Sheet (139K)
               Attachment (2064K)

41)  11R-53    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of February 1 -
               15, 2011.
               Fact Sheet (14K)
               Attachment (18K)

42)  11R-51    Approving the naming of the new trail center in
               Union Plaza generally located at the southeast
               corner of 21st and R Streets as the Jayne Snyder
               Trail Center.
               Fact Sheet (134K)

43)  11R-52    Approving the naming of the green located south
               of Sheridan Blvd. between West Summit Blvd. and
               East Summit Blvd. as the Jan Pitsch Green.
               Fact Sheet (116K)

44)  11R-40    Approving a request to the City Audit Advisory
               Board, pursuant to Art. IV, § 8 of the
               Lincoln Charter and Chapter 4.66 of the Lincoln
               Municipal Code to consider the appropriateness
               and desirability of performing an independent
               assessment of the performance of the Department
               of Public Works and Utilities, excluding the
               Lincoln Water System and the Lincoln Wastewater
               and Solid Waste Division.
               Fact Sheet (105K)


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
     S AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA, MAY
     SO AT THE OPEN MICROPHONE SESSION. THE OPEN
     ROPHONE SESSIONS DURING THE MONTH OF FEBRUARY ARE THE
     H AND 28TH.


ADJOURNMENT	5:54 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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