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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                     MONDAY, MAY 23, 2011 AT 5:30 P.M.

                            ALL MEMBERS PRESENT

               THERE WILL BE NO COUNCIL MEETING THE WEEK OF
                         MAY 30 DUE TO THE HOLIDAY

                              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)  11R-112   Appointing Dr. Sarah Cada, April Rimpley, Kyle
               Michaelis and Mark Hunzeker to the
               Lincoln/Lancaster County EMS Oversight
               Authority, Inc. for four-year terms to expire on
               May 16, 2015. (5/9/11 - Introduction
               suspended 1 wk to 5/16/11) (MOTION TO SEPARATE:  
               DR. SARAH CADA APPROVED, 7-0; APRIL RIMPLEY 
               APPROVED, 7-0; KYLE MICHAELIS APPROVED, 5-2; 
               CARROLL, COOK, EMERY, ESKRIDGE, SNYDER ASSENTING; 
               CAMP, HORNUNG DISSENTING; MARK HUNZEKER APPROVED, 7-0; 
               ADOPTED,  A-86339)
               Attachment (295K)

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


PETITIONS & COMMUNICATIONS

 3)            Setting the hearing date of Monday, June 13,
               2011 at 3:00 p.m. for the application of Black
               Bear Enterprises, LLC dba The Viper/The Drunken
               Monkey for a change of premise of their existing
               Class I liquor license currently located at 640
               West Prospector Ct. to a new location described
               as an entire two-story building approx. 142 ft.
               x 25 ft., including basement, located at 1211 O
               St.  (ADOPTED, 7-0; A-86340)

 4)            REFERRALS TO THE PLANNING DEPARTMENT:
               Change of Zone No. 11015 - Requested by
               Hutchinson Architects, P.C. from R-1 Residential
               District to R-3 Residential District on property
               generally located at S. 27th Street and Tierra
               Drive.
               Change of Zone No. 11016 - Requested by
               Mark Hunzeker from R-6 Residential District to
               B-3 Commercial District on property generally
               located at S. 27th Street and N Street.
               Change of Zone No. 11017 - Requested by
               Jennifer Strand from B-1 Local Business District
               to H-2 Highway Business District on property
               generally located at North 45th Street and Vine
               Street.
               Change of Zone No. 11018 - Requested by
               Jennifer Strand amending Chapter 27.41 of the
               Lincoln Municipal Code relating to the H-2
               Highway Business District by amending Section
               27.41.020 to delete the square footage
               restriction on stores or shops for the sale of
               goods at retail not otherwise permitted in this
               chapter; amending Section 27.41.030 to add
               assembly facilities, including but not limited
               to the assembly of equipment, instruments, and
               appliances such as computers and musical
               instruments, as a permitted conditional use in
               the H-2 District, and repealing Sections
               27.41.020 and 27.41.030 of the Lincoln Municipal
               Code as hitherto existing.
               Change of Zone No. 11019 - Requested by
               Kent Seacrest amending Title 27 of the Lincoln
               Municipal Code, the Zoning Code, by amending
               Chapter 27.03 to add the definition of
               "Entertainment Restaurant" as Section 27.03.218
               and to renumber existing Section 27.03.218
               (Existing Urban Area) as Section 27.03.219;
               amending Sections 27.31.040, 27.33.030, and
               27.37.025 to allow entertainment restaurants as
               a conditional use in the B-2, B-3, and B-5
               zoning districts, respectively; amending Section
               27.47.020 to prohibit an entertainment
               restaurant as a permitted use in the I-1
               Industrial District; and repealing Sections
               27.03.218, 27.31.040, 27.33.030, 27.37.025, and
               27.47.020 of the Lincoln Municipal Code as
               hitherto existing.
               Special Permit No. 11010 - Requested by
               ESP, Inc. for authority to operate a limited
               landfill on property generally located at U.S.
               Highway 34 and NW 48th Street (6707 NW 48th
               Street).


 5)    MISCELLANEOUS  REFERRALS

               PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 11015 to Special
               Permit No. 450P, Madonna Health Center, approved 
               by the Planning Director on May 10, 2011 requested 
               by Erickson Sullivan Architects to revise the site 
               plan to add parking stalls adjacent to S. 52nd St. 
               and S. 56th St. on property generally located 
               at S. 56th St. and South St.	
               Administrative Amendment No. 11012 to Change of
               Zone No. 05068A, The Woodlands at Yankee Hill, 
               approved by the Planning Director on May 16, 2011 
               requested by ESP, Inc. to add conditions for the 
               installation and operation of a sewer pump near 
               the intersection of S. 80th St. and Yankee Woods Dr. 
               on property generally located at S. 70th St. and 
               Yankee Hill Rd.

                          - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 6 
THRU 14 HAD 2ND READING)

 6)  11-60     Amending Chapter 8.32 of the Lincoln
               Municipal Code relating to Solid Wastes by
               amending Section 8.32.010 to add the
               definition of "dwelling"; adding a new
               section numbered 8.32.205, Garbage Service
               to be Provided, and amending Sections
               8.32.210 and 8.32.220 to require garbage
               service for every dwelling in the city.
               Fact Sheet (141K)

 7)  11R-116   Approving the U.S. Hwy. 34 & West Fletcher
               Avenue Conditional Zoning Agreement between the
               City of Lincoln and Par 5 Partners, LLC for a
               change of zone from R-3 Residential District, 
               O-2 Suburban Office District and AG Agriculture
               District to I-2 Industrial Park District and to
               control access to West Fletcher Avenue, on
               property generally located at Highway 34 and
               West Fletcher Avenue. (Related Items: 11R-116, 
               11-61) (Action Date: 6/6/11)
               Attachment (13K)

 8)  11-61     Change of Zone No. 10028 - Application of
               Par 5 Partners, LLC, for a change of zone
               from O-2 Suburban Office District, R-3
               Residential District and AG Agriculture
               District to I-2 Industrial Park District on
               property generally located at US Highway 34
               and West Fletcher Ave. (Related Items:
               11R-116, 11-61) (Action Date: 6/6/11)
               Fact Sheet (516K)

 9)  11-62     Change of Zone No. 11010 - Application of
               John McArthur for a change of zone from H-3
               Highway Commercial District to I-1
               Industrial District on property generally
               located at North 39th Street and Cornhusker
               Highway.
               Fact Sheet (513K)

10)  11-63     Change of Zone No. 11011 - Amending Title
               27 of the Lincoln Municipal 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; and amending Section 27.67.040 to
               provide parking requirements for
               Agricultural Attractions.
               Fact Sheet (17K)

11)  11-64     Change of Zone No. 11012 - Application of
               Mark Bousek for a change of zone from R-2
               Residential District to R-4 Residential
               District on property generally located at
               North 70th Street and Cleveland Avenue.
               Fact Sheet (778K)

12)  11-65     Change of Zone No. 11013 - Application of
               Eiger Corp. for a change of zone from AG
               Agriculture District to B-5 Planned
               Regional Business District on property
               generally located at South 84th Street and
               Pine Lake Road.
               Fact Sheet (522K)

13)  11-66     Change of Zone No. 11014 - Application of
               Larry Buller to designate the property at
               2943 Garfield Street as a Historic
               Landmark. (Related Items: 11-66, 
               11R-114) (Action Date: 6/6/11)
               Fact Sheet (1272K)
               Attachment (235K)

14)  11R-114   Special Permit No. 11007 - Historic Preservation
               application of Larry Buller to adjust the side
               yard and parking requirements on property
               generally located at 2943 Garfield Street.
               (Related Items: 11-66, 11R-114) (Action Date:
               6/6/11)
               Fact Sheet (786K)


PUBLIC HEARING - RESOLUTIONS

15)  11R-120   Approving a Contract Agreement between the City
               and KCI, Inc. for Fibre Channel Switches and
               Installation, pursuant to Quote 3479, for a
               two-year term. (ADOPTED, 7-0; A-86341)
               Fact Sheet (114K)
               Attachment (1506K)

16)  11R-115   Use Permit No. 56F - Application of Menard,
               Inc., for authority to add a garden center and
               outdoor warehouse, with a waiver to reduce the
               required parking ratio, on property generally
               located at North 27th Street and Cornhusker
               Highway. (ADOPTED, 7-0; A-86342)
               Fact Sheet (1147K)

17)  11R-117   Approving the Fiber and Conduit Sharing
               Agreement between the City of Lincoln, Lancaster
               County, the District Energy Corporation and
               Unite Private Networks, LLC, relating to the
               installation, operation and maintenance of a
               private network within certain streets and
               public rights of way within publicly owned
               facilities of the parties. 
               (ADOPTED, 7-0; A-86343)
               Fact Sheet (13K)
               Attachment (1166K)

18)  11R-118   To provide authority to assess property owners
               for the cost of snow and ice removal by the City
               from sidewalks adjacent to their property during
               the winter season of 2010 - 2011.
               (ADOPTED, 7-0; A-86344)
               Fact Sheet (12K)

                        - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 19 
THRU 24 HAD 1ST READING)

19)  11-72     Authorizing the execution and delivery of a
               Loan Contract between the Nebraska
               Department of Environmental Quality and the
               City in connection with improvements to the
               City's water system.
               Attachment (265K)

20)  11-67     Vacation No. 11005 - Vacating the right-of-
               way stub of Windmill Drive on the east side
               of North 84th Street between Adams Street
               and Leighton Avenue.
               Fact Sheet (821K)

21)  11-68     Amending the pay schedule for a certain
               employee group by creating the
               classification of "Benefits Clerk."
               Fact Sheet (134K)
               Attachment (8K)

22)  11-69     Amending the pay schedule for a certain
               employee group by creating the
               classifications of "Library Service
               Associate", "Library Service Supervisor",
               "Librarian", "Library Manager", and
               "Library Coordinator."
               Fact Sheet (135K)
               Attachment (42K)

23)  11-70     Amending the pay schedule for a certain
               employee group by adjusting the hourly pay
               range schedule and schedules of annual,
               monthly, biweekly and hourly pay range
               equivalents for employees of the City of
               Lincoln whose classifications are assigned
               to pay ranges prefixed by the letter "X" to
               be effective August 19, 2010.
               Fact Sheet (137K)
               Attachment (961K)

24)  11-71     Approving the lease agreement between the
               City and Mueller/Bigert Rentals for the
               lease of office space by Aging Partners for
               its Personal & Family Services program at
               137 North 8th Street, Geneva, NE 68351 for
               a term of August 1, 2011 through July 31,
               2012.
               Fact Sheet (196K)
               Attachment (111K)


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

     NONE


RESOLUTIONS - ACTION ONLY

25)  11R-104   Special Permit No. 11005 - Appeal of Judy
               and Jim Lerdahl from the conditional
               approval allowing a domiciliary care
               facility for up to 32 residents on property
               generally located at South 27th Street and
               Wilderness Hills Boulevard. (5/9/11 -
               Action Delayed 1 wk to 5/16/11) (5/16/11 -
               Action Delayed 1 wk to 5/23/11)
               (ADOPTED, 7-0; A-86345)
               Fact Sheet (3589K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED TWO WEEKS)

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)

35)  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)

36)  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)

37)  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. (5/2/11 - Action
               delayed 1 wk  w/P.H. on 5/9/11) (5/9/11 -
               Placed on Indefinite Pending)
               Fact Sheet (19K)
               Attachment (350K)


   WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, JUNE 6, 2011, AT 3:00 P.M.
                                                 (APPROVED, 7-0)

38)  11R-123   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of May 1 -15,
               2011.
               Fact Sheet (14K)
               Attachment (21K)

39)  11R-122   Approving an Agreement between the City and the
               State of Nebraska Department of Roads for
               construction of a 4" conduit for City of Lincoln
               traffic communications on the 14th Street Bridge
               over I-80 and to allow for coordination between
               NDOR's North 14th Street bridge over I-80
               project and the City's North 14th Street project
               from Superior Street to Alvo Road.
               Fact Sheet (12K)
               Attachment (213K)

40)  11R-124   Approving an Agreement between the Nebraska
               Department of Environmental Quality (NDEQ) and
               the City of Lincoln, on behalf of the Lincoln
               Lancaster County Health Department, regarding
               the grant funding for the 2011 - 2012 Work Plan
               for the Air Quality Program.
               Fact Sheet (87K)
               Attachment (1855K)


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 MAY ARE THE
     9TH AND 23RD.


ADJOURNMENT   7:31 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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