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Formal Agenda


          ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                     MONDAY, JUNE 27, 2011 AT 5:30 P.M.

                     ALL MEMBERS PRESENT EXCEPT CAMP

             THERE WILL BE NO MEETING THE WEEK OF JULY 4 
                           DUE TO THE HOLIDAY

              PRESENTATION BY POLICE CHIEF JIM PESCHONG
                     BYRNE JUSTICE ASSISTANCE GRANT
                       (Public Comments Welcome)

                            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 June 13,
               2011. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 2)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 11020 to Use
               Permit No. 150B, Appian Way Regional Shopping
               Center Phase II, approved by the Planning Director
               on June 15, 2011, requested by Tallgrass
               Development, LLC., to revise the Land Use Table
               for Lot 3, Block 2, to show the allocated floor
               area as automobile sales and amending the trip
               generation calculations accordingly, on property
               located on the 8800 block of Amber Hill Court.
               
 3)            Setting the Hearing Date of Monday, July 11, 2011
               at 3:00 P.M. for Application of Cory Fletcher dba
               Mahoney Golf Course for an upgrade of liquor
               license from Class A to Class I located at 7900
               Adams Street.  (ADOPTED, 6-0; A-86385)


 4)  MISCELLANEOUS  REFERRALS - NONE 

                  - END CONSENT AGENDA -




PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


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

 5)  11-83     Change of Zone 11016 - Application of Mark
               Hunzeker, on behalf of the property owners,
               for a change of zone from R-6 Residential
               District to B-3 Commercial District, on
               property generally located east of South 25th
               Street to South 27th Street along the north
               side of N Street. (6/20/11 - P.H./2nd
               Reading con't. 1 week to 6/27/11)
               Fact Sheet (717K)


PUBLIC HEARING - RESOLUTIONS

 6)  11R-139   A resolution declaring the official intent of the
               City of Lincoln, Nebraska to reimburse certain
               expenses in connection with the acquisition,
               purchase and installation of light poles from the
               proceeds of City of Lincoln, Nebraska Certificates
               of Participation. (ADOPTED, 6-0; A-86386)

 7)  11R-140   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of June 1 - 15,
               2011. (ADOPTED, 6-0; A-86387)
               Fact Sheet (14K)
               Attachment (20K)

 8)  11R-141   Approving JASF Inc. dba Nowhere Bar & Grill as a
               keno satellite site at 2050 Cornhusker Highway.
               (ADOPTED, 6-0; A-86388)
               Fact Sheet (89K)

 9)  11R-142   Providing 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, 6-0; A-86389)
               Fact Sheet (12K)
               Attachment (8K)

10)  11R-143   Misc. No. 11003   Declaring the Yolande Avenue
               Redevelopment Area as blighted and substandard in
               an estimated 96.6 acres generally bounded between
               Cornhusker Highway and Salt Creek, from
               approximately North 14th Street at the west
               boundary to approximately North 24th Street at the
               east boundary.(ADOPTED, 6-0; A-86390)
               Fact Sheet (984K)
               Attachment 1 (77K)
               Attachment 2 (9737K)
               Attachment 3 (283K)

11)  11R-144   Comp. Plan Conformance No. 11005   Resolution of
               intent to create a Business Improvement District
               for the maintenance, repair and reconstruction of
               certain public facilities and improvements in the
               area of Havelock Avenue from Cornhusker Highway
               east to 64th Street, to be known as the Havelock
               Business Improvement District. (ADOPTED,6-0;
               A-86391)
               Fact Sheet (841K)
               Attachment (166K)

                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 12 THRU 15 HAD 1ST READING)

12)  11-89     Change of Zone 11020 - Amending Section
               27.31.040 of the Lincoln Municipal Code
               relating to permitted conditional uses in the
               B-2 Planned Neighborhood Business District to
               modify conditional use requirements for the
               sale of alcoholic beverages for consumption
               on and off the premises by deleting required
               yards and parking prohibitions in a required
               yard when the building containing the
               licensed premises abuts a residential
               district and adding new language requiring
               all exterior door openings of the licensed
               premises to be located more than 100 feet
               away from any parking spaces located in a
               side or rear yard adjacent to a residential
               district.
               Fact Sheet (1292K)

13)  11-90     Amending the pay schedule and schedule of pay
               ranges for employees whose classifications
               are assigned to a pay range prefixed by the
               letter "A" by creating the classification of
               Business Development Specialist.
               Fact Sheet (117K)
               Attachment (9K)

14)  11-91     Amending Section 2.76.135 of the Lincoln
               Municipal Code relating to Compensation Plan;
               Merit Pay Plan to provide that part-time and
               unrepresented employees coincide with the CIR
               order for "N" and "X" pay range employees,
               and making the changes retroactively
               effective August 19, 2010.
               Fact Sheet (117K)

15)  11-92     Amending Section 2.76.200 of the Lincoln
               Municipal Code relating to Compensation Plan;
               Temporary Assignment in a Higher
               Classification to provide that part-time and
               unrepresented employees at the maximum of
               their "N" or "X" pay ranges receive a three
               and one-half percent increase, and making the
               changes retroactively effective August 19,
               2010.
               Fact Sheet (121K)


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

16)  11-76     Miscellaneous 11002 - Vacating the final plat
               of Stone Bridge Creek Villas generally
               located at Redstone Road and Humphrey Avenue
               and retaining certain easements therein in
               the name of the City.(PASSED,6-0;
               #19563)
               Fact Sheet (648K)

17)  11-81     Authorizing the issuance of tax allocation
               bonds with a total not to exceed $713,000.00
               for the City of Lincoln, 17th and Q/Credit
               Union Redevelopment Project in Downtown
               Lincoln. (Related Items: 11-81, 11R-135,
               11R-136)(MTA #1, 6-0; PASSED AS AMENDED, 6-0;
               #19564)

18)  11R-135   Approving the 17th and Q/Credit Union
               Redevelopment Agreement between the University of
               Nebraska Federal Credit Union and Littlemore
               Properties Corporation and the City relating to
               the redevelopment of property generally located at
               17th and Q Streets and 17th and P Streets in
               Downtown Lincoln. (Related Items: 11-81, 11R-
               135, 11R-136)  (Action Date: 6/27/11)
               (ADOPTED, 6-0; A-86392)
               Fact Sheet (138K)
               Attachment (10918K)

19)  11R-136   Approving an amendment to the FY 10/11 CIP to
               authorize and appropriate $713,000.00 in TIF funds
               for the 17th and Q/Credit Union Redevelopment
               Project generally located at 17th and Q Streets
               and 17th and P Streets in Downtown Lincoln.
               (Related Items: 11-81, 11R-135, 11R-136) 
               (Action Date: 6/27/11)(ADOPTED, 6-0; A-86393)
               Fact Sheet (134K)

20)  11-82     Change of Zone 11015 - Application of Alan
               Schmidt for a change of zone from R-1
               Residential District to R-3 Residential
               District, on property generally located at
               South 27th Street and Tierra Drive.
               (PASSED, 6-0; #19565)
               Fact Sheet (328K)

21)  11-84     Change of Zone 11018 - 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; and 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. (Related Items: 11-84, 11R-137,
               11-85) (MTA #1, 6-0; PASSED AS AMENDED, 6-0; #19566)
               Fact Sheet (251K)

22)  11R-137   Approving the Development and Conditional Zoning
               Agreement for North 45th Street and Vine Street
               between AG Realty Limited Partnership and the City
               of Lincoln for a change of zone from B-1 Local
               Business District to H-2 Highway Business District
               for a range of commercial and retail uses, to
               restrict uses which would not be compatible with the
               surrounding uses and development, on property generally
               located at North 45th Street and Vine Street. (Related
               Items: 11-84, 11R-137, 11-85)  (Action Date: 6/27/11)
               (MTA #1, 6-0; ADOPTED AS AMENDED, 6-0; A-86394)
               Fact Sheet (18K)
               Motion To Amend (130K)

23)  11-85     Change of Zone 11017 - Application of AG
               Realty Limited Partnership for a change of
               zone from  B-1 Local Business District to H-2
               Highway Business District on property
               generally located at North 45th 
               Street and Vine Street. (Related Items:
               11-84, 11R-137, 11-85)(PASSED, 6-0; #19567)
               Fact Sheet (354K)

24)  11-86     Street Name Change 11002 - Renaming the
               remaining portion of Pine Lake Road between
               Westshore Drive and Highway 2 as "Eiger
               Drive." (PASSED, 6-0; #19568)
               Fact Sheet (248K)

25)  11-87     Amending Chapter 20.04 of the Lincoln
               Municipal Code, Dangerous Building Code, by
               amending Section 20.04.010 to add the Chief
               Fire Inspector to the phrase to be
               substituted in lieu of Fire Marshal in the
               Uniform Code for the Abatement of Dangerous
               Buildings; amending Section 20.04.020 to
               provide that entries for inspections shall be
               done in accordance with all applicable laws;
               amending Section 20.04.025 to make the owner
               of a dangerous building responsible for
               repairs, abatement or demolition, regardless
               of the cause of the damage; adding a new
               section numbered 20.04.040 to amend Section
               301 of the Uniform Code for the Abatement of
               Dangerous Buildings to provide amended
               definitions; amending Section 20.04.041 to
               add provisions relating to dangerous
               buildings that interfere with City operations
               and provisions relating to the demolition of
               dangerous buildings that stop without
               reasonable cause; adding a new section
               numbered 20.04.045 to amend Section 501 of
               the Uniform Code for the Abatement of
               Dangerous Buildings relating to appeals;
               adding a new section numbered 20.04.052 to
               add Section 701.4 to the Uniform Code for the
               Abatement of Dangerous Buildings to provide
               for action by the City in the event that a
               dangerous building interferes with City
               infrastructure; adding a new section numbered
               20.04.053 to add Section 701.5 to the Uniform
               Code for the Abatement of Dangerous Buildings
               to allow the City to take over repairs or
               demolition in the event of a stoppage of
               work; and adding a new section numbered
               20.04.054 to add Section 701.6 to the Uniform
               Code for the Abatement of Dangerous Buildings
               to allow the City to repair or demolish a
               dangerous building without notice to an owner
               in an emergency.   (MTA #1, 6-0; DELAYED TO
               JULY 11, 2011 FOR ACTION ONLY, 6-0)
               Fact Sheet (16K)

26)  11-88     Amending Chapter 2.02 of the Lincoln
               Municipal Code relating to Governmental
               Organization by adding a new section numbered
               2.02.065 entitled "Director of Public
               Safety."  (PASSED, 6-0; #19569)
               Fact Sheet (17K)


RECONSIDERATION

27)            Application of Black Bear Enterprises LLC dba The
               Viper/Drunken Monkey to move their presently
               licensed premises from 640 West Prospector to 1211
               O Street. (6/20/11 - Motion to Reconsider
               passed)(MOTION TO REMOVE FROM AGENDA, 4-2;
               CARROLL, COOK, EMERY, SNYDER ASSENTING; ESKRIDGE,
               HORNUNG DISSENTING)


PENDING LIST - DATE CERTAIN

28)  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) (6/20/11 - Remove from
               Pending to have P.H. 7/25 with Action on
               8/1/11)
               Fact Sheet (19K)
               Attachment (350K)


PENDING LIST	(EXTENDED ONE WEEK)

29)  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)

30)  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)

31)  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)

32)  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)

33)  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)

34)  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)

35)            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)

36)  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)

37)  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)

38)  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)

39)  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)

40)  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." (6/6/11 - Public Hearing
               delayed 2 weeks to 6/20/11) (6/13/11 -
               Indefinite Pending)
               Fact Sheet (135K)
               Attachment (42K)


   WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
    PUBLIC HEARING ON MONDAY, JULY 11, 2011, AT 3:00 P.M.
						(APPROVED, 6-0)

41)  11R-145   A resolution declaring the official intent of the
               City of Lincoln, Nebraska to reimburse certain
               expenses in connection with constructing,
               equipping and furnishing a new clubhouse and
               related facilities and equipment for the City's
               Holmes Golf Course from the proceeds of City of
               Lincoln, Nebraska's Certificates of Participation.
               Attachment (46K)

42)  11R-146   Approving the 2011-12 Work Plan for the Interlocal
               Agreement on Stormwater Management between the
               City and Lower Platte South Natural Resources
               District to address stormwater quality and
               quantity issues.
               Fact Sheet (12K)
               Attachment (282K)

43)  11R-147   Appointing Patrick Finnegan to the Citizen Police
               Advisory Board for a term expiring November 17,
               2013.
               Attachment (74K)

44)  11R-148   Appointing Shandi Pettine Peterson to the Cable
               Advisory Board for a term expiring July 1, 2014.
               Attachment (66K)

45)  11R-149   Reappointing Jonathan Rehm to the Cable Advisory
               Board for a term expiring July 1, 2014.

46)  11R-150   Reappointing Russ F. Neil and Thomas Wright to the
               Alarm Review Board for terms expiring July 1,
               2013.

47)  11R-151   Approving a Subgrant Agreement between the City of
               Lincoln on behalf of the Lincoln Lancaster County
               Health Department and the Nebraska Department of
               Health and Human Services, Division of Public
               Health Tobacco Free Nebraska Program, to accept a
               subgrant in the amount of $650,396.00 to develop
               and implement strategies for reducing tobacco use
               and exposure to tobacco smoke in schools and
               communities and eliminate disparities related to
               tobacco use and its effects among population
               groups, for a term of July 1, 2011 through June
               30, 2013.
               Fact Sheet (96K)
               Attachment (820K)

48)  11R-153   Approving an Interlocal Agreement with Lancaster
               County for Equal Opportunity Officer services.
               Attachment (16K)

49)  11R-154   Special Permit No. 11013 - Appeal of Roger A. Schwisow
               from the conditional approval for soil excavation 
               (in particular the commencement date and hours of 
               operation) on property located northwest of N.W. 56th
               Street and West O Street.
               Fact Sheet (918K)
               Memo (185K)
              
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 JUNE ARE THE 13TH AND 27TH.


ADJOURNMENT	6:43 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.
                               ****
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