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Formal Agenda


            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, MARCH 7, 2011 AT 3:00 P.M.

                           ALL MEMBERS PRESENT


                 MAYOR'S AWARD OF EXCELLENCE PRESENTED TO
              DANIEL KING, ENVIRONMENTAL HEALTH SPECIALIST I
             FOR THE THE ENVIRONMENTAL PUBLIC HEALTH DIVISION
                         OF THE HEALTH DEPARTMENT
         IN THE CATEGORIES OF CUSTOMER RELATIONS AND PRODUCTIVITY


                             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)        Request of Public Works to set a Public Hearing date
           of Monday, March 28, 2011, at 5:30 p.m. and place on
           the formal City Council Agenda the following:

           11-19    To provide authority to create & order
                    constructed under Special Assessment
                    District a Re-paving District in North 63rd
                    Street from approximately 150 feet south of
                    Gladstone Street to Fremont Street, and to
                    assess the costs thereof against the
                    benefitted properties. (APPROVED, 7-0)

 2)  11R-46    Appointing Karen Nalow to the Capital Environs
               Commission for term expiring January 9, 2014.
               (ADOPTED, 7-0; A-86253)
               Attachment (33K)

 3)  11R-48    Reappointing Patrick E. Beans to the Lincoln
               Electric System Administrative Board for a term
               expiring January 1, 2014. (ADOPTED, 7-0; A-86254)
               Attachment (107K)

 4)  11R-49    Appointing Cathy Beecham to the Lincoln Electric
               System Administrative Board for a term expiring
               January 1, 2014. (ADOPTED, 7-0; A-86255)
               Attachment (85K)

 5)  11R-50    Appointing Janette Robb to the Veterans Memorial
               Garden Advisory Council for a term expiring
               November 1, 2012. (ADOPTED, 7-0; A-86256)
               Attachment (341K)

 6)  11R-54    Reappointing Jim Mastera to the Audit Advisory
               Board for a term expiring March 2, 2014.
               (ADOPTED, 7-0; A-86257)

 7)            Report from City Treasurer of City Cash on hand
               at the close of business January 31, 2011. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 8)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 11004 to Use
               Permit No. 74A Briarpark Plaza approved by the
               Planning Director on February 23, 2011 requested
               by Jeff Luthy to reflect that Lot 2 could be
               used for commercial purposes and not limited to
               beauty salon or office uses and to reflect the
               new proposed lot line on property generally
               located at S. 48th St. and Old Cheney Road.


 9)  MISCELLANEOUS REFERRALS - NONE

                      - END CONSENT AGENDA -

 
PUBLIC HEARING
LIQUOR RESOLUTIONS

10)            Application of Grayson Inc. dba 501 West Lincoln
               Bar and Grill for a Class I liquor license at
               501 West A Street. (ADOPTED FOR DENIAL, 7-0; 
               A-86258)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 11 
THRU 16 HAD 2ND READING)

11)  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)

12)  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)

13)  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)

14)  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)

15)  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)

16)  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)


PUBLIC HEARING - RESOLUTIONS (SEE ITEM 21)

17)  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.
               (ADOPTED, 7-0; A-86259)
               Fact Sheet (139K)
               Attachment (2064K)

18)  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. (ADOPTED, 7-0; A-86260)
               Fact Sheet (14K)
               Attachment (18K)

19)  11R-51    Approving the naming of the new trail center in
               Union Plaza generally located at the southeast
               corner of 21st and Q Streets as the Jayne Snyder
               Trail Center. (ADOPTED, 6-0; SNYDER ABSTAINING; 
               A-86261)
               Fact Sheet (134K)

20)  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.
               (ADOPTED, 7-0; A-86262)
               Fact Sheet (116K)

21)  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. (P.H. W/ACTION DELAYED 
               ONE WEEK TO 3/14/11, 7-0)
               Fact Sheet (105K)

                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 22 
& 23 HAD 1ST READING)

22)  11-27     Authorizing the issuance of not to exceed
               $2,800,000.00 City of Lincoln, Nebraska
               North Haymarket Hotel Phase II
               Redevelopment Project tax allocation bonds.
               (ITEMS 22 & 23 HAD 1ST READING)
               (Related Items: 11-27, 11R-55) (Request
               2nd, 3rd Readings on 3/14/11)

23)  11R-55    Approving the North Haymarket Hotel Phase II
               Redevelopment Agreement between Block 21, LLC
               and the City relating to the redevelopment of
               property generally located at 8th and R
               Streets. (Related Items: 11-27, 11R-55)
               Fact Sheet (28K)
               Attachment (2698K)


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

24)  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. (MTA #1 ADOPTED, 7-0; 
               PASSED AS AMENDED, 7-0; #19503)
               Fact Sheet (136K)
               Attachment (221K)


PENDING LIST - DATE CERTAIN

25)  11-25     Approving 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. (2/28/11 - To have
               1st Reading in 2 wks. on 3/14/11;
               P.H. on 3/21/11)
               Fact Sheet (105K)
               Attachment (1621K)


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 14, 2011, AT 3:00 P.M.
                                                (APPROVED, 7-0)

35)  11R-58    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of February 16 -
               28, 2011.
               Fact Sheet (14K)
               Attachment (21K)

36)  11R-56    Appointing Emmert "Bud" Krauel to the South
               Street Business Improvement District to fill an
               unexpired three-year term expiring August 31,
               2012.
               Fact Sheet (18K)

37)  11R-57    Approving an Agreement between the Lincoln-
               Lancaster County Health Department and the
               Nebraska Department of Health and Human Services
               for access to the Electronic Registration
               System, Vital Statistics, for a period of
               January 1, 2011 through December 31, 2015.
               Fact Sheet (90K)
               Attachment (1199K)


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 MARCH ARE THE
     14TH AND 28TH.


ADJOURNMENT   3:52 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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