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Formal Agenda


    ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
               MONDAY, APRIL 25, 2011 AT 5:30 P.M.

                  ALL MEMBERS PRESENT


       IMMEDIATELY PRECEDING THE REGULAR COUNCIL MEETING

BOARD OF EQUALIZATION FOR NORTH 27TH STREET MAINTENANCE
     BUSINESS IMPROVEMENT DISTRICT (APPROVED, 7-0)

BOARD OF EQUALIZATION FOR UNIVERSITY PLACE MAINTENANCE
     BUSINESS IMPROVEMENT DISTRICT (APPROVED, 7-0) 


                       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 April 11,
               2011. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 2)            REFERRED TO PLANNING DEPARTMENT:
               CHANGE OF ZONE NO. 11010, requested by ESP,
               from H-3 Highway Commercial District to I-1
               Industrial District on property generally located
               at N. 40th Street and Cornhusker Highway.
               CHANGE OF ZONE NO. 11011, requested by the
               Director of Planning, amending Title 27 of the
               Lincoln Municipal Code, the Zoning Code, to allow
               Agricultural Attractions in the AG Agriculture
               District by amending Chapter 27.03 to add a new
               section numbered 27.03.043 to define "Agricultural
               Attraction"; amending Section 27.07.030  to
               establish an Agricultural Attraction as a
               conditional use in the AG Agriculture District;
               amending Section 27.67.040 to provide parking
               requirements for Agricultural Attractions; and
               repealing Sections 27.07.030 and 27.67.040 of the
               Lincoln Municipal Code as hitherto existing.
               CHANGE OF ZONE NO. 11012, requested by Mark
               Bousek, from R-2 Residential District to R-4
               Residential District on property generally located
               at N. 70th Street and Cleveland Avenue.
               CHANGE OF ZONE NO. 11013, requested by
               Eiger Corp., from AG Agricultural District to
               B-5 Planned Regional Business District, on
               property generally located at S.
               84th Street and Pine Lake Road.
               CHANGE OF ZONE NO. 11014, requested by Larry
               Buller, to designate as a historic landmark
               property located at 2943 Garfield Street.
               SPECIAL PERMIT NO. 399C, requested by Mark
               Bousek, for an amendment to the Villa Apartments
               Community Unit Plan, to add two additional
               buildings for a total of 48 multi-family units, on
               property generally located at N. 70th
               Street and Cleveland Avenue.  The Planning
               Commission action is final action, unless appealed
               to the City Council.
               SPECIAL PERMIT NO. 11007, requested by Larry
               Buller, for historic preservation, to adjust yard
               and parking requirements, on property located at
               2943 Garfield Street. 
               USE PERMIT NO. 56F, requested by Olsson
               Associates, for an amendment to increase the
               building area by adding a seasonal garden center
               and more outdoor storage, and a waiver request to
               reduce the required parking ratio, on property
               generally located at N. 27th Street and
               Cornhusker Highway.                                
                            

 3)  MISCELLANEOUS REFERRALS

                  - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 4 THRU 8 HAD 2ND READING; SEE ITEM #8)

 4)  11-43     Approving the lease agreement between the
               City and Scott and Cindy Jensen for the lease
               of office space by Aging Partners for its
               Personal & Family Services Medicaid Waiver
               program at 320 N. State Street, Osceola, NE
               68651 for a term of June 1, 2011 through May
               31, 2012.
               Fact Sheet (168K)
               Attachment (124K)

 5)  11-44     Change of Zone No. 11008 - Application of
               Assurity Life Insurance Company for a change
               of zone from B-4 Lincoln Center Business
               District to B-4 Lincoln Center Business
               District with a Special Sign District
               designation, to allow an additional
               freestanding sign, on property generally
               located at 2000 Q Street.
               Fact Sheet (1339K)

 6)  11-46     Vacation No. 11004 - Vacating two portions of
               old Pine Lake Road between South 84th Street
               and South 91st Street.
               Fact Sheet (662K)
               Attachment (156K)

 7)  11-47     Amending Ordinance No. 17366 passed June 29,
               1998, and Ordinance No. 18214 passed August
               4, 2003, for the widening and reconstruction
               of Old Cheney Road from Nebraska Highway 2 to
               approximately 1,450 feet east of South
               84th Street to remove design requirements for
               raised medians and right turn lanes.
               Fact Sheet (19K)
               Attachment (350K)

 8)  11-48     Vacation No. 10006 - Vacating multiple streets
               and alleys in the West Haymarket Redevelopment Area,
               generally located at 5th Street from L Street to M
               Street, needed by BNSF Railway Company (BNSF) for
               a future railway corridor. (Request 2nd & 3rd 
               Readings on 4/25/11)(WAIVED RULES TO HAVE 2ND 
               & 3RD READINGS, 7-0; PASSED, 7-0; #19525))
               Fact Sheet (66K)
               Attachment (3736K)
               Memo (8K)


PUBLIC HEARING - RESOLUTIONS

 9)  11R-88    Application of Speedway Properties for the use of
               public right-of-way in three locations along Q
               Street, 8th Street and R Street for installation
               of amenities in connection with the redevelopment
               of Block 30, Original Plat Lincoln for
               construction of a new hotel and the renovation of
               the former Tool House building.(ADOPTED, 6-0;
               CARROLL, COOK, EMERY, HORNUNG, SNYDER, SPATZ ASSENTING;
               CAMP ABSTAINING; A-86309)
               Fact Sheet (9K)
               Attachment (645K)

10)  11R-95    Approving two Contract Agreements between the City
               and Reinhardt Contracting, Inc. and Hansen
               Construction Company, Inc. for the annual
               requirements for Excavating and Dozing, pursuant
               to Bid No. 11-047, for four-year terms.
                (ADOPTED, 7-0; A-86310)
               Fact Sheet (121K)
               Attachment (7938K)

                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 11 THRU 14 HAD 1ST READING)

11)  11-45     Amending Chapter 26.11 of the Lincoln
               Municipal Code relating to Procedures for
               Processing Subdivisions by amending Section 
               26.11.039 to provide that a cash contribution
               may be furnished for street trees in lieu of
               a bond, escrow or security agreement on all
               final plats, to provide that no surety is
               required for sidewalks along non-major
               streets abutting residential lots, and to add
               clarity by dividing subparagraph (g) into two
               subparagraphs (g) and (h); and amending
               Section 26.11.040 to provide that sidewalks
               along non-major streets abutting non-
               residential lots shall be installed prior to
               the City issuing an occupancy permit or
               within four years following plat approval
               whichever occurs first and sidewalks along
               non-major streets abutting residential lots
               shall be installed prior to the City issuing
               an occupancy permit, except under specified
               conditions, that street trees along non-major
               streets shall be installed within one year
               after the issuance of an occupancy permit or
               within six years of final plat approval,
               whichever occurs first, and to provide that
               stormwater detention/retention facilities
               shall be graded at the same time as the
               overall site grading and that such grading
               shall be completed prior to installation of
               required water distribution, wastewater
               collection, and street improvements and to
               provide conditions which must be met for the
               release of any surety to guarantee construction
               of the stormwater detention/retention facilities.
               Fact Sheet (209K)

12)  11-49     Amending Title 17 of the Lincoln Municipal
               Code relating to Water by adding a new
               Section numbered 17.02.185 to provide a
               definition for "lot"; amending Section
               17.02.210 to revise the definition of "master
               metered water service"; repealing Sections
               17.02.230, 17.02.240, and 17.02.260 to delete
               definitions of "mobile home," "mobile home
               court," and "office park," respectively;
               amending Section 17.02.180 to revise the
               definition of "premises"; repealing Section
               17.02.320 to delete the definition of
               "shopping center"; amending Section 17.10.070
               to change the provisions requiring when
               permanent water meters are to be installed;
               amending Section 17.10.080 to change the
               requirements of how water service to specific
               lots is provided; amending Section 17.10.100
               to require surveys when a premises is
               supplied by two or more sources of water;
               amending Section 17.18.006 to change how the
               Water Service Manual may be approved;
               amending Section 17.18.010 to remove the
               notice requirement for making a tap; amending
               Section 17.18.030 to change the provisions
               related to the provision of water services
               for newly constructed and reconstructed
               premises; amending Section 17.18.080 to
               change provisions when surveys are required;
               amending Section 17.18.090 to change requirements
               related to backflow prevention installations;
               amending Section 17.18.130 to allow multiple supply
               and service pipes to a premises under certain exceptions;
               and amending Section 17.18.160 to change repair and
               cost provisions involving leaks from customer service
               pipes.
               Fact Sheet (16K)
               Attachment (790K)


13)  11-50     Annexation No. 11002   Amending the Lincoln
               Corporate Limits Map by annexing approximately
               18.36 acres of land generally located at South
               88th Street and Pioneers Boulevard. (Related 
               Items 11-50, 11-51)
               Fact Sheet (926K)
               Attachment (545K)

14)  11-51     Change of Zone No. 11002 - Application of
               Himark Property, LLC, for a change of zone
               from AG Agricultural District to R-3
               Residential District on property generally
               located at South 88th Street and Pioneers
               Boulevard. (Related Items 11-50, 11-51)
               Fact Sheet (632K)


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

15)  11-41     Authorizing the City of Lincoln, Nebraska to
               enter into a lease-purchase transaction with
               Union Bank and Trust Company, Lincoln,
               Nebraska in an amount not to exceed
               $3,600,000 to refinance equipment acquired
               with the proceeds of outstanding certificates
               of participation and related matters.
               (PASSED, 7-0; #19526)

16) 11-42       Authorizing the issuance, sale and delivery
               of general obligation refunding bonds of the
               City of Lincoln, Nebraska in an amount not to
               exceed $21,000,000 to refund outstanding
               general obligation bonds of the City and
               related matters.(PASSED, 7-0; #19527)

17)  11-40     Approving an amendment to the limits of
               Paving District No. 2630 to include
               additional benefitted property.
                (PASSED, 7-0; #19528)
               Fact Sheet (23K)
               Attachment (4063K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST	(EXTENDED ONE WEEK)

18)  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)

19)  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)

20)  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)

21)  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)

22)  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)

23)  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)

24)            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)

25)  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)

26)  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)

27)  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)

28)  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)


   WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, MAY 2, 2011, AT 3:00 P.M.
                                          (APPROVED, 7-0)

29)  11R-96    Approving a Contract Agreement between the City
               and Burwood Group, Inc. for the annual
               requirements for Websense Maintenance, pursuant to
               Quote 3451, for a three-year term.
               Fact Sheet (105K)
               Attachment (1130K)

30)  11R-97    Amending Resolution No. A-84590 to change the
               portion of the Local Government Miscellaneous
               Expenditures Policy regarding the Mayor's Award of
               Excellence, including changes to the committee
               member quorum, term of the committee members,
               clarification of winner selection, and to
               rearrange sections for clarity.
               Fact Sheet (90K)

31)  11R-98    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of April 1 - 15,
               2011.
               Fact Sheet (14K)
               Attachment (22K)


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 APRIL ARE THE 11TH AND 25TH.


ADJOURNMENT	7:07 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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