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Formal Agenda


          ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
               MONDAY, OCTOBER 10, 2011 AT 3:00 P.M.

                          ALL MEMBERS PRESENT

         OATH OF OFFICE - DIANNA SCHIMEK -TOOK OATH OF OFFICE

     MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF SEPTEMBER 2011 
           WAS PRESENTED TO A TEAM FROM THE POLICE DEPARTMENT AND 
                      THE BUILDING & SAFETY DEPARTMENT
                      IN THE CATEGORY OF PRODUCTIVITY. 
              THE TEAM INCLUDES SERGEANT LARRY BARKSDALE,
  POLICE OFFICER MATTHEW FRANKEN, POLICE CRIMINAL INVESTIGATION SECTION AND 
FIRE INVESTIGATOR, KENNETH HILGER, BUILDING & SAFETY FIRE PREVENTION DIVISION.

                             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-241   Appointing Jacquelyn Miller to the Lincoln-
               Lancaster County Board of Health to fill an
               unexpired term expiring April 15, 2014. (ADOPTED 
               7-0; A-86524)

               Attachment (86K)

 2)  11R-242   Reappointing Amir Azimi, Thomas Christie, Amrita
               Mahapatra, Annielyn Ocampo and Pearl Van Zandt to
               the Multicultural Advisory Committee for three-
               year terms expiring September 18, 2014. (ADOPTED 
               7-0; A-86525)

 3)            Lincoln Water & Wastewater recapitulation of daily
               cash receipts for August 2011. (PLACED ON FILE)

 4)            Clerk's Letter & Mayor's Approval of Ordinances &
               Resolutions passed on September 26, 2011. (PLACED 
               ON FILE)

 5)            Approving the distribution of funds representing
               interest earning on short-term investments of IDLE
               FUNDS for the month ended August 31, 2011.  
               (ADOPTED 7-0; A-86526)
 

PETITIONS & COMMUNICATIONS

 6)            REFERRAL TO THE PLANNING DEPARTMENT:
               Special Permit No. 11024 - Requested by
               Jeff and Cathleen Plager, for an early childhood
               care facility, on property legally described as
               Lot 7, Block 5, High Ridge Acres, located in
               Section 31-10-6, Lancaster County, Nebraska,
               generally located at 1941 W. Peach Circle.
               
 7)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 11048 to Change
               of Zone No. 2938C, University of Nebraska
               Technology Park Special Sign District, approved by
               the Planning Director on September 28, 2011,
               requested by The University of Nebraska
               Foundation, to revise Section 3.1, Wall Signs; to
               delete NW. 1st St. Building ID Signs and to add a 
               new Section 3.3 for Ground Building ID Sign for
               University of Nebraska Technology Park Special Sign
               District on property generally located at NW. 1st St. 
               and Highland Blvd. 

 8)  MISCELLANEOUS  REFERRALS - NONE

                            - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

 9)            Application of R & W BBQ, Inc. dba Dickey's
               Barbecue Pit for a Class A liquor license at 2662
               Cornhusker Highway, Suite 9. (ADOPTED FOR APPROVAL 
               7-0; A-86527)

10)            Manager application of William R. Carter for R & W
               BBQ, Inc. dba Dickey's Barbecue Pit at 2662
               Cornhusker Highway, Suite 9.  (ADOPTED FOR APPROVAL 
               7-0; A-86528)

11)            Application of Whitemark Energy, LLC dba U-Stop
               #26 for a Class D liquor license at 8350
               Northwoods Drive.  (ADOPTED FOR APPROVAL 7-0; A-86529)

12)            Manager application of Jeffery J. Scott for
               Whitemark Energy, LLC dba U-Stop #26 at 8350
               Northwoods Drive.  (ADOPTED FOR APPROVAL 7-0; A-86530)


PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 13 
THRU 17 HAD 2ND READING; SEE ITEMS 18 THRU 20)

13)  11-148    Authorizing and providing for the issuance of not
               to exceed $3,000,000.00 principal amount the City
               of Lincoln, Nebraska General Obligation Special
               Assessment Revolving Fund Bonds, Series 2011B.

14)  11-158    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 $4,750,000.00 for the acquisition of
               street lights, computer software and a new
               clubhouse and related furnishings at Holmes Golf
               Course.

15)  11-155    Change of Zone 11031 - Application of Olderbak
               Georgetown/Willows, LLC for a change of zone from
               B-1 Local Business District and R-3 Residential
               District to R-5 Residential District on property
               generally located at South 70th Street and Van
               Dorn Street. (Related Items: 11-155, 11R-244)
               (Action Date: 10/17/11)
               Fact Sheet (982K)

16)  11R-244   Special Permit 459A - Application of Olderbak
               Georgetown/Willows, LLC, to amend the Georgetown
               Apartments Community Unit Plan to increase the
               number of apartment dwelling units from 115 to
               160, with a request to adjust the parking
               requirements, on property generally located at
               South 70th Street and Van Dorn Street. (Related
               Items: 11-155, 11R-244) (Action Date: 10/17/11)
               Fact Sheet (715K)

17)  11-156    Change of Zone 11033 - Application of North Thirty
               Third, LLC for a change of zone from I-1
               Industrial District, I-3 Employment Center
               District, B-2 Planned Neighborhood Business
               District and R-5 Residential District to P Public
               Use District; from B-2 Planned Neighborhood
               Business District and R-3 Residential District to
               R-5 Residential District; and from I-3 Employment
               Center District, B-2 Planned Neighborhood Business
               District, R-3 Residential District and R-5
               Residential District to H-3 Highway Commercial
               District, on property generally located at North
               33rd Street and Folkways Boulevard.
               Fact Sheet (1230K)

18)  11-157    Change of Zone 11035 - Application of R.I.P., Inc.
               for a change of zone from R-3 Residential District
               to R-5 Residential District on property generally
               located at North 24th Street and Dodge Street.
               (Related Items: 11-157, 11R-246, 05-188)
               (Action Date: 10/17/11)(P.H. CON'T TO 11/7/11 
               W/ACTION ON 11/14/11; 7-0)
               Fact Sheet (4866K)

19)  11R-246   Special Permit 11023 - Appeal of Landon's
               Neighborhood Association and Regalton Neighborhood
               Association from the Planning Commission's
               conditional approval of its application for
               authority to develop the Magic Hills Community
               Unit Plan consisting of 96 dwelling units in four
               buildings and a clubhouse, on property generally
               located at North 24th Street and Dodge Street.
               (Related Items:11-157, 11R-246, 05-188)
               (Action Date: 10/17/11)(P.H. CON'T TO 11/7/11 
               W/ACTION ON 11/14/11; 7-0)
               Fact Sheet (1070K)

20)  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)
               (Request to remove from Pending to have P.H. on
               10/10/11 w/11-157 & 11R-246) (10/3/11 - To have
               P.H. on 10/10/11, w/Action on 10/17/11)
               (Related Items: 11-157, 11R-246, 05-188)
               (Action Date: 10/17/11)(P.H. CON'T TO 11/7/11 
               W/ACTION ON 11/14/11; 7-0)
               Fact Sheet (1465K)


PUBLIC HEARING - RESOLUTIONS

21)  11R-240   Approving appropriations in the amount of
               $44,500.00 from the operation of Keno Lottery
               Funds for various Human Services (Round 34).  
               (ADOPTED 7-0; A-86531)
               Attachment (121K)

22)  11R-243   Approving an amendment to the StarTran Rate
               Schedule to increase the Low Income 31-Day Pass
               and HandiVan Low Income 31-Day Pass Fares. 
               (ADOPTED 6-1; CAMP, CARROLL, COOK, EMERY, 
               ESKRIDGE, SCHIMEK ASSENTING; HORNUNG 
               DISSENTING; A-86532)
               Fact Sheet (12K)
               Attachment (918K)

23)  11R-245   Assessing Public Health Nuisance Abatement costs
               associated with the clearing of public nuisances
               by the Health Department to the following
               benefitted properties:  2817 Holdrege, 2935 S.
               48th, 1401 N. 14th, 4910 Adams, 1857 J, 844 Peach,
               619 S. 55th, 2503 S, 1857 J, 1436 Rose, 4209
               Touzalin, 448 N. 25th, 1715 N. 31st, 1410 Plum,
               2954 N. 56th, 3117 Vine, 1762 N. 27th, 1828 N.
               30th, 6415 Benton, 2908 Everett, 4910 Adams, 1802
               S. 11th, 620 S. 20th, 1433 South, 2010 N. 32nd,
               1405 C, 931 Sumner, 1520 N. 25th, 2408 S. 10th,
               1138 Charleston, 6801 Benton, 6927 Aylesworth,
               1434 N. 27th, 1113 New Hampshire, 2438 S. 10th,
               6817 Burlington, 4821 S. 47th, 303 S. 25th, 1802
               S. 11th, 504 N. 24th, 623 S. 19th, 1802 S. 11th,
               6100 Logan, 1328 A, 1102 Plum, 1036 Y, PID 10-27-
               410-005-000, 341 N. 33rd, 121 Bruce, 341 D, 1520
               Van Dorn, 519 N. 35th, 6759 S. Bermuda, 7040
               Eastborough, 911 Sumner, 1102 Plum, 1200 S. 16th.  
               (ADOPTED 7-0; A-86533)	
               Fact Sheet (99K)
               Attachment (1536K)

                            - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 24 
THRU 27 HAD 1ST READING)

24)  11R-251   Approving the Development and Conditional Zoning
               Agreement for Holdrege Street and Idylwild Drive
               between Kappa Foundation and the City of Lincoln
               for a change of zone from R-2 Residential District
               to R-6 Residential District for a fraternity not
               compatible with the adjacent neighborhood, on
               property generally located at Holdrege Street and
               Idylwild Drive. (Related Items: 11R-251, 11-159, 
               11R-249) (Action Date: 10/24/11)    
               Attachment (549K)

25)  11-159    Change of Zone 11032 - Application of Kappa
               Foundation for a change of zone from R-2
               Residential District to R-6 Residential District
               on property generally located at Holdrege Street
               and Idylwild Drive. (Related Items: 11R-251,
               11-159, 11R-249) (Action Date: 10/24/11)
               Fact Sheet (4066K)

26)  11R-249   Special Permit 11021 - Application of Kappa
               Foundation to allow parking lot in the R-2
               Residential District on property generally located
               at Idylwild Drive and Starr Street. (Related
               Items: 11R-251, 11-159, 11R-249) (Action Date:
               10/24/11)
               Fact Sheet (3595K)

27)  11-160    Approving revised district boundaries of the City
               for the four City Council districts in compliance
               with Article IV, Section 2(a) of the Home Rule
               Charter of the City of Lincoln.
               Attachment (2838K)


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

28)  11-144    Amending Title 3 of the Lincoln Municipal Code 
               relating to Revenue and Finance by adding a new 
               section numbered 3.06.010 to establish and define 
               the biennial budget; adding a new section numbered 
               3.06.020 to establish the procedure and calendar 
               for the formulation of the proposed biennial executive 
               budget and for its submission to the council; adding a 
               new section numbered 3.06.030 to establish the contents 
               of the biennial budget; adding a new section numbered 
               3.06.040 to establish the procedure for the adoption
               of the biennial budget; adding a new section numbered 
               3.06.050 to establish and define the procedure for 
               reduction, transfer and revision to the biennial budget; 
               adding a new section numbered 3.06.060 to establish the 
               procedure for the capital improvement biennial budget;
               and adding a new section numbered 3.06.070 to establish
               a date to set the property tax rate and re-appropriate
               unencumbered appropriations for the second year. 
               (PASSED 7-0; #19630)
               Fact Sheet (90K)

29)  11-147    Amending Section 2.76.200 of the Lincoln Municipal
               Code, Compensation Plan; Temporary Assignment in a
               Higher Classification, to allow employees in the
               pay ranges prefixed by the letters N and X to
               coincide with PAGE employees to be effective
               August 18, 2011. (PASSED 6-1; CAMP, CARROLL, 
               COOK, EMERY, ESKRIDGE, SCHIMEK ASSENTING; 
               HORNUNG DISSENTING; #19631)
               Fact Sheet (138K)

30)  11-152    Amending Section 2.76.380 of the Lincoln Municipal
               Code, Sick Leave with Pay, to clarify for employees in 
               the pay ranges prefixed by the letters N and X that sick 
               leave payout upon resignation is for regular employees
               only.  (PASSED 7-0; #19632)
               Fact Sheet (138K)

31)  11R-235   Approving the I-80 West Lincoln Business Center
               Conditional Annexation and Zoning Agreement
               between the City and Ringneck Development LLC for
               annexation of approximately 7.72 acres and the
               development of 233 acres of property generally
               located at N.W. 48th Street and I-80. (Related
               Items: 11R-235, 11-149, 11-150)(ACTION DELAYED 
               4 WEEKS TO 11/7/11; 7-0)
               Fact Sheet (13K)
               Attachment (4677K)

32)  11-149    Annexation No. 07005 - Amending the Lincoln
               Corporate Limits Map by annexing approximately
               7.72 acres generally located at N.W. 48th Street
               and West Holdrege Street. (Related Items: 11R-
               235, 11-149, 11-150)(ACTION DELAYED 4 WEEKS TO 
               11/7/11; 7-0)
               Fact Sheet (1020K)
               Attachment (404K)

33)  11-150    Change of Zone No. 07063 - Application of Ringneck
               Development for a change of zone from AG
               Agricultural District to R-3 Residential with a
               Planned Unit Development designation on 7.72 acres
               of property generally located at N.W. 48th Street
               and West Holdrege Street with requested waivers
               and modification to the Zoning Ordinance and Land
               Subdivision Ordinance to allow approximately
               42,000 square feet of office and commercial floor
               area and six dwelling units on the underlying R-3
               zoned area. (Related Items: 11R-235, 11-149,
               11-150)(ACTION DELAYED 4 WEEKS TO 11/7/11; 7-0)
               Fact Sheet (2189K)

34)  11-151    Approving a Lease Agreement between the Lincoln
               Parks and Recreation Department and Lincoln Parks
               and Recreation Foundation for the lease of
               approximately 230 square feet of space to the
               Foundation at 2740 A Street for a 13.5 year
               period.  (PASSED 7-0; #19633)
               Fact Sheet (100K)
               Attachment (398K)

35)  11-153    Approving the allocation of $1 million of Capital
               Improvement Funds appropriated in the FY 2011-12
               budget to certain projects within the Parks and
               Recreation Department.  (PASSED 7-0; #19634)
               Fact Sheet (93K)
               Attachment (59K)


PENDING LIST - DATE CERTAIN

     NONE

PENDING LIST   (EXTENDED ONE WEEK)

36)  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)

37)  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)

38)  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)

39)  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)

40)            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)

41)  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)

42)  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)

43)  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)

44)  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, OCTOBER 17, 2011, AT 3:00 P.M. 
                                                     (APPROVED 7-0)

45)  11R-247   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of September 16 -
               30, 2011.
               Fact Sheet (14K)
               Attachment (23K)

46)  11R-248   Approving an Inter-Governmental Agreement between
               the Nebraska Department of Environmental Quality
               (NDEQ) and the City of Lincoln regarding the
               implementation of the Section 319 Project Entitled
               North Star Wetland Enhancement and Education
               Project.
               Fact Sheet (13K)
               Attachment (1315K)

47)  11R-252   Certifying the appointment of Eugene Carroll to
               the West Haymarket Joint Public Agency Board of
               Representatives for a four year term or for so
               long as such representative serves in his position
               as City Council Member.


      WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTION WILL HAVE
       PUBLIC HEARING ON TUESDAY, OCTOBER 18, 2011, AT 5:00 P.M. 
                                                     (APPROVED 7-0)

48)  11R-250   Approving the 2040 Lincoln - Lancaster County
               Comprehensive Plan.  Hearing before the Joint
               Lincoln City Council and Lancaster County Board of
               Commissioners on October 18, 2011 at 5:00 p.m.,
               with action by the City Council on October 31,
               2011 at 3:00 p.m. (Action Date: 10/31/11, 3:00 p.m.)
               Fact Sheet (15362K)


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 OCTOBER ARE THE  10TH AND 24TH.



ADJOURNMENT   4:12 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.,
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                  on 5 City-TV, Cable Channel 5.
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