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Formal Agenda


         ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, OCTOBER 17, 2011 AT 3:00 P.M.

                   ALL MEMBERS PRESENT EXCEPT COOK

  NOTICE: THE COUNCIL MEETING OF OCTOBER 24 WILL BEGIN AT 5:30 P.M.
          THE COUNCIL MEETING OF OCTOBER 31 WILL BEGIN AT 3:00 P.M.
                             
                  THE FOLLOWING RESOLUTION WILL HAVE
        PUBLIC HEARING ON TUESDAY, OCTOBER 18, 2011, AT 5:00 P.M.
        AT A JOINT MEETING BEFORE THE CITY COUNCIL & COUNTY BOARD

     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 tentatively scheduled 
               for October 31, 2011 at 3:00 p.m.
               Fact Sheet (15M)

                            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)            Setting the hearing date of Monday, November 14,
               2011, at 3:00 p.m. for the Board of Equalization
               on the Downtown Business Improvement District,
               the Core Business Improvement District Overlay
               and the Downtown Maintenance District
               assessments. (Requires a Motion)
               (APPROVED, 6-0)

 2)  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. (ADOPTED, 4-2; 
               CARROLL, EMERY, ESKRIDGE, SCHIMEK ASSENTING; 
               CAMP, HORNUNG DISSENTING; A-86534)

 3)            Report of Settlement Agreement under Neb. Rev.
               Stat. 84-713. (non tort claims)
               (PLACED ON FILE)
               Tort Claim

 4)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on October 3, 2011. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 5)            Setting the hearing date of Monday November 7,
               2011 at 3:00 p.m. for the application of Kinja,
               Inc. dba Kinja Sushi & Japanese Cuisine for a
               Class I liquor license located at 4141 Pioneer
               Woods Drive, Suite F. (ADOPTED, 6-0; A-86535)

 6)            Setting the hearing date of Monday, November 7,
               2011 at 3:00 p.m. for the application of
               Grayson, Inc. dba 501 West A Bar & Grill for the
               addition of catering to their existing Class I
               liquor license located at 501 West A Street,
               Suite 104. (ADOPTED, 6-0; A-86536)

 7)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 11050 to
               Change of Zone No. 2128D approved by the
               Planning Director on October 4, 2011 requested
               by Russ's Market to remove the building
               envelope/footprint and allow the buildable area
               to be anywhere within the required setbacks west
               of the eastern most parking lot as shown on the
               site plan.  The area east of the eastern most
               parking lot will remain an unbuildable area per
               intent of the approved Planned Unit Development.
               Property is generally located at S. 33rd St. and
               Highway 2.
               Administrative Amendment No. 11046 to
               Pre-Existing Use Permit No. 38 approved by the
               Planning Director on October 7, 2011 requested
               by Archi-Etc., LLC. to add approximately 2,000
               square feet to the existing Southeast Rural Fire
               Station on property generally located at
               Holdrege St. and Eagle Crest Rd.


 8)  MISCELLANEOUS  REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 9)            Application of Parker's Rib Ranch, Inc. dba
               Parker's Smokehouse for the addition of a
               catering license to its Class I liquor license
               at 6440 O Street. (ADOPTED FOR APPROVAL, 6-0; 
               A-86537)

10)            Application of WMJD LLC dba Single Barrel for a
               Class CK liquor license at 130 North 10th
               Street. (ADOPTED FOR APPROVAL, 6-0; A-86538)

11)            Manager application of Heath A. Macomber for
               WMJD LLC dba Single Barrel at 130 North 10th
               Street. (ADOPTED FOR APPROVAL, 6-0; A-86539)

12)            Application of Hy-Vee, Inc. dba Hy-Vee #1 for a
               Class CK liquor license at 5010 O Street.
               (ADOPTED FOR APPROVAL, 6-0; A-86540)

13)            Manager application of Scott A. Schlatter for
               Hy-Vee, Inc. dba Hy-Vee #1 at 5010 O Street.
               (ADOPTED FOR APPROVAL, 6-0; A-86541)

14)            Application of Nebraska CVS Pharmacy, LLC dba
               CVS Pharmacy #4033 for a Class D liquor license
               at 5611 South 27th Street. (ADOPTED FOR 
               APPROVAL, 6-0; A-86542)

15)            Manager application of Don D. Westerlin for CVS
               Pharmacy, LLC dba CVS Pharmacy #4033 at 5611
               South 27th Street. (ADOPTED FOR APPROVAL, 
               6-0; A-86543)

16)            Application of Lincoln South, LLC dba Pepper Jax
               Grill for a Class A liquor license at 2801 Pine
               Lake Road. (ADOPTED FOR APPROVAL, 6-0; 
               A-86544)

17)            Manager application of Erin D. Duensing for
               Lincoln South, LLC dba Pepper Jax Grill at 2801
               Pine Lake Road. (ADOPTED FOR APPROVAL, 6-0; 
               A-86545)        


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 18 
THRU 21 HAD 2ND READING)

18)  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)

19)  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)

20)  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)

21)  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)


PUBLIC HEARING - RESOLUTIONS

22)  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. (ADOPTED, 6-0; A-86546)
               Fact Sheet (14K)
               Attachment (23K)

23)  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. (ADOPTED, 6-0; A-86547)
               Fact Sheet (13K)
               Attachment (1315K)

                          - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)

     NONE


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

24)  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. (PASSED, 6-0; #19635)

25)  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. (PASSED, 5-1; CARROLL, EMERY, 
               ESKRIDGE, HORNUNG, SCHIMEK ASSENTING; CAMP DISSENTING; 
               #19636)

26)  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)
               (PASSED, 6-0; #19637)
               Fact Sheet (982K)

27)  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) (ADOPTED, 6-0; A-86548)
               Fact Sheet (715K)

28)  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.
               (PASSED, 6-0; #19638)
               Fact Sheet (1230K)


PENDING LIST - DATE CERTAIN

29)  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) (10/10/11 - P.H. con't. 
               4 wks. to 11/7/11 w/Action on 11/14/11)
               Fact Sheet (4866K)

30)  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) (10/10/11 - P.H. con't. 4 wks.
               to 11/7/11 w/Action on 11/14/11)
               Fact Sheet (1070K)

31)  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) (10/10/11 - P.H. con't. 
               4 wks. to 11/7/11 w/Action on 11/14/11)
               Fact Sheet (1465K)

32)  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)
               (10/10/11 - Action Delayed 4 wks to 11/7/11)
               Fact Sheet (13K)
               Attachment (4677K)

33)  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) (10/10/11 -
               Action Delayed 4 wks to 11/7/11)
               Fact Sheet (1020K)
               Attachment (404K)

34)  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) (10/10/11
               - Action Delayed 4 wks to 11/7/11)
               Fact Sheet (2189K)


PENDING LIST   (EXTENDED ONE WEEK)

35)  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)

36)  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)

37)  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)

38)  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)

39)            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)

40)  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)

41)  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)

42)  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)

43)  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 24, 2011, AT 5:30 P.M.
                                                  (APPROVED, 6-0)

44)  11R-253   Reappointing Rodney M. Confer as the City
               Attorney for a two-year term effective November
               1, 2011.

45)  11R-254   Reappointing Britt C. Miller to the Community
               Health Endowment Board for a term expiring
               September 1, 2014.

46)  11R-255   Appointing James Crook to the Parks and
               Recreation Advisory Board for a term expiring
               April 24, 2014.
               Attachment (68K)

47)  11R-256   Approving the use of public right-of-way by
               Molex, Inc. for the installation of private
               conduit for fiber optic cable along West Bond
               Street and West Bond Circle west and east of
               Northwest 12th Street.
               Fact Sheet (13K)
               Attachment (4864K)

48)  11R-257   Appointing DiAnna Schimek to the Utility Billing
               Check Off Program for a term expiring May 31,
               2012.

49)  11R-258   Appointing DiAnna Schimek to the Railroad
               Transportation Safety District for a term
               expiring May 31, 2012.

50)  11R-259   Appointing Doug Emery to the Lincoln-Lancaster
               County Board of Health for a term expiring May
               31, 2014.

51)  11R-260   Appointing Dr. Charles Wilson, Tom Beckius,
               Loren Mestre-Roberts and Dr. Michael Molvar to
               the Community Health Endowment Board for terms
               expiring September 1, 2014, September 1, 2014,
               September 1, 2014, and September 1, 2012,
               respectively. 
               Attachment (310K)


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   4:02 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.
                                   ****
The City Council Agenda and Action Sheet may be accessed on the Internet at:
                             lincoln.ne.gov

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