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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, MARCH 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)            Report from City Treasurer of City Cash on hand
               at the close of business February 28, 2011. 
               (PLACED ON FILE)

 2)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on March 14, 2011. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 3)            REFERRALS TO THE PLANNING DEPARTMENT:
               Change of Zone No. 10028 - Requested by
               Mark Hunzeker from O-2 Suburban Office District
               to I-2 Industrial Park District, from AG
               Agricultural District to I-2 Industrial Park
               District and from R-3 Residential District to 
               I-2 Industrial Park District on property legally
               described as Lots 4 and 20 I.T., located in
               Section 3-10-6; the remaining portion of Lot 1,
               Highland North and Lot 57 I.T., located in
               Section 2-10-6; generally located at W. Fletcher
               Avenue and Highway 34.
               Change of Zone No. 11008 - Requested by
               Assurity Life Insurance Company from B-4 Lincoln
               Center Business District to B-4 Lincoln Center
               Business District with a Special Sign District
               designation on property legally described as Lot 1 
               and Lot 2, Assurity Addition, located in the
               SE 1/4 of Section 24-10-6, Lancaster County,
               Nebraska, generally located at 2000 Q Street.
               Special Permit No. 11005 - Requested by
               Regal Building Systems for a domiciliary care
               facility for up to 32 residents on property
               generally located at S. 27th Street and
               Wilderness Hills Boulevard.


 4)  MISCELLANEOUS REFERRALS

               Setting the Board of Equalization hearing date 
               on Monday, April 25, 2011 at 5:30 p.m. on the 
               North 27th Street Maintenance Business Improvement 
               District and the University Place Maintenance 
               Business Improvement District. 
               (APPROVED BY ACCLAMATION, 7-0)

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 5 
THRU 7 HAD 2ND READING)

 5)  11-19     Creating Re-paving District No. 157 for new
               street pavement in 63rd Street from
               Gladstone Street to Fremont Street and
               assessing the costs thereof against the
               benefitted properties.
               Fact Sheet (12K)
               Attachment (2351K)

 6)  11-29     Approving the Lease Agreement between the
               City and Dittmer & Dittmer of Crete for the
               lease of office space by Aging Partners for
               its Personal & Family Services program at
               1005 E. Highway 33, Suite 6, Crete, NE
               68333 for a term of June 1, 2011 through
               May 31, 2012.
               Fact Sheet (167K)
               Attachment (111K)

 7)  11-30     Change of Zone No. 11005 - Application of
               Park Ridge Apartments Too, LLC, for a
               change of zone from R-2 Residential
               District to R-4 Residential District on
               property generally located at S.W. 8th
               Street and West C Street.
               Fact Sheet (720K)


PUBLIC HEARING - RESOLUTIONS

 8)  11R-65    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of March 1 - 15,
               2011. (AMENDED TO REMOVE JASON CHAMBERS CLAIM, 7-0; 
               ADOPTED AS AMENDED, 7-0; A-86272)
               Fact Sheet (14K)
               Attachment (21K) 

 9)  11R-67    Approving appropriations in the amount of
               $30,900.00 from the operation of Keno Lottery
               Funds for various Human Services (Round 33).
               (ADOPTED, 7-0; A-86273)
               Attachment (169K)

10)  11R-68    Approving the naming of the park area generally
               bounded by South Street, BNSF Railroad, Park
               Blvd. and Van Dorn Street, where Sherman Field
               and Midget Football Fields are located, as
               Sampson Park. (ADOPTED, 7-0; A-86274)
               Fact Sheet (150K)

11)  11R-64    Authorizing the making of a request to the State
               of Nebraska, Board of Public Roads Classifications 
               and Standards, for relaxation of standards to 
               allow ten foot wide lanes for City Project 701771, 
               South 56th Street from A Street to Randolph Street.
               (ADOPTED, 7-0; A-86275)
               Fact Sheet (13K)

12)  11R-66    Approving the World's Foremost Bank Project
               Redevelopment Agreement between the City and
               World's Foremost Bank relating to the
               redevelopment of property generally located in
               the University of Nebraska Technology Park for
               construction of approximately 40,000 sq. ft. of
               commercial space. (ADOPTED, 7-0; A-86276)
               Fact Sheet (137K)
               Attachment (770K)

13)  11R-69    Approving the request of Duncan Aviation to
               utilize $150,000 from the Fast Forward Fund
               toward the relocation of a 16" water main to
               serve their expanding facility located near the
               Lincoln Municipal Airport. (MTA #1 ADOPTED, 7-0; 
               ADOPTED AS AMENDED, 7-0; A-86277)
               Fact Sheet (76K)

14)  11R-70    Amending the retirement benefits available to
               the Mayor of the City of Lincoln commencing with
               the May, 2015 Mayoral term. (Action Date:
               3/28/11) (ADOPTED, 7-0; A-86278)
               Fact Sheet (18K)

                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 15 
THRU 18 HAD 1ST READING)

15)  11-31     Change of Zone No. 11003 - 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;
               and 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.
               Fact Sheet (16K)

16)  11-32     Approving a contract between the City and
               Lincoln Haymarket Development Corp. to
               operate and regulate a Saturday public
               market in the Haymarket area, 7th Street
               from P to Q Streets and P Street from 7th
               to 8th Streets from May 7, 2011 through
               October 15, 2011 and on 8th Street from 
               P to Q Streets from June 4, 2011 through
               August 27, 2011 and also September 3, 2011
               and September 24, 2011.
               Fact Sheet (108K)
               Attachment (576K)

17)  11R-74    Approving an amendment to the FY 10/11 CIP to
               authorize and appropriate $852,000.00 in TIF
               funds for the World's Foremost Bank Project
               generally located at 4800 N.W. 1st Street in the
               University of Nebraska Technology Park.
               (Related Items: 11R-74, 11-33) (Action Date:
               4/11/11)
               Fact Sheet (119K)

18)  11-33     Authorizing and providing for the issuance
               of World's Foremost Bank Redevelopment
               Project Tax Allocation bonds, in one or
               more series in an aggregate principal
               amount not to exceed $852,000.00.
               (Related Items: 11R-74, 11-33) (Action
               Date: 4/11/11)


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

19)  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) (MTA #2 ADOPTED, 7-0; 
               PASSED AS AMENDED, 7-0; #19511)
               Fact Sheet (105K)
               Attachment (1621K)
               Motion To Amend (7K)

20)  11-28     Vacation No. 11001 - Application of World's
               Foremost Bank to vacate Highland Circle
               except the 50 feet east of the east right-
               of-way line of N.W. 1st Street, generally
               located at N.W. 1st Street and Highland
               Circle. (PASSED, 7-0; #19512)
               Fact Sheet (702K)


RESOLUTIONS - ACTION ONLY

21)  11R-61    Special Permit 10037 - Appeal of Emerald Care
               Company from the conditional approval allowing a
               domiciliary care facility for up to 48 residents
               on property generally located southwest of the
               intersection of South 84th Street and Pioneers
               Boulevard. (3/21/11 - Action Delayed 1 wk. to
               3/28/11) (DELAYED ONE WEEK FOR ACTION ONLY TO 
               4/4/11, 7-0)
               Fact Sheet (1154K)
               Motion To Amend 1 (76K)
               Motion To Amend 2 (7K)

22)  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)
               (PLACED ON INDEFINITE PENDING, 7-0)
               Fact Sheet (1022K)
               Attachment (1001K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

23)  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)

24)  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)

25)  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)

26)  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)

27)  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)

28)  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)

29)            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)

30)  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)

31)  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, APRIL 4, 2011, AT 3:00 P.M.
                                                   (APPROVED, 7-0)

32)  11R-71    Appointing Libby Raetz to the Lincoln Electric
               System Administrative Board for a three-year
               term expiring January 1, 2014.
               Attachment (65K)

33)  11R-72    Authorizing the Mayor to execute a multi-year
               contract per City Ordinance when funding
               appropriations comes from more than one fiscal
               year CIP for the 2011 Residential
               Rehabilitation, City Project No. 540618.
               Fact Sheet (12K)
               Attachment (4721K)

34)  11R-73    Approving a Funding Agreement between the City
               and the Nebraska Dept. of Roads for the use of
               Federal Highway Safety Improvement Program Funds
               for the intersection of Coddington Avenue and
               West Van Dorn Street (Project No. HSIP-5205(1)).
               Fact Sheet (12K)
               Attachment (1069K)


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   7:21 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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