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Formal Agenda


       ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
              MONDAY, OCTOBER 24, 2011 AT 5:30 P.M.

                     ALL MEMBERS PRESENT
                          
  THE COUNCIL MEETING OF OCTOBER 31 WILL BEGIN AT 3:00 P.M.

         YOUTH AMBASSADORS - ADDRESS TO CITY COUNCIL

                        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-253   Reappointing Rodney M. Confer as the City Attorney 
               for a two-year term effective November 1, 2011.
               (ADOPTED, 7-0; A-86549)

 2)  11R-254   Reappointing Britt C. Miller to the Community
               Health Endowment Board for a term expiring
               September 1, 2014. (ADOPTED, 7-0; A-86550)

 3)  11R-255   Appointing James Crook to the Parks and Recreation
               Advisory Board for a term expiring April 24, 2014.
               (ADOPTED, 7-0; A-86551)
               Attachment (68K)

 4)  11R-257   Appointing DiAnna Schimek to the Utility Billing
               Check Off Program for a term expiring May 31,
               2012. (ADOPTED, 7-0; A-86552)

 5)  11R-258   Appointing DiAnna Schimek to the Railroad
               Transportation Safety District for a term expiring
               May 31, 2012. (ADOPTED, 7-0; A-86553)

 6)  11R-259   Appointing Doug Emery to the Lincoln-Lancaster
               County Board of Health for a term expiring May 31,
               2014. (ADOPTED, 7-0; A-86554)

 7)  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. (ADOPTED, 7-0; A-86555)
               Attachment (310K)

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

 9)            Clerk's Letter & Mayor's Approval of Ordinances &
               Resolutions passed on October 10, 2011.
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

10)            Setting the hearing date of Monday, November 14,
               2011 at 3:00 p.m. for the application of Wicked
               Smoke, Inc. dba Wicked Smoke for a Class D liquor
               license at 1603 W. "O" Street. 
               (ADOPTED, 7-0; A-86556)

11)            Setting the hearing date of Monday, November 14,
               2011 at 3:00 p.m. for the application of Blue
               Blood Brewing Company, Inc. dba Blue Blood Brewing
               for a Class L liquor license at 500 W. South
               Street, Suite 8. (ADOPTED, 7-0; A-86557)

12)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: 
               Administrative Amendment No. 11043 to Special
               Permit No. 04049, Fisherman's Landing Community
               Unit Plan, approved by the Planning Director on
               October 13, 2011, requested by ESP, Inc., to
               increase lot size and extend lots into the pool of
               the pond, delete note 15, and add note 21
               regarding a recreational easement over the pond,
               on property generally located at S. 176th St. and
               Firth Rd. 
               Administrative Amendment No. 11053 to
               Special Permit No. 2022C, Pine Lake Heights South
               Planned Service Commercial, approved by the
               Planning Director on October 17, 2011, requested
               by Olsson Associates, to update the site plan to
               show Lot 4, Block 2 subdivided into two lots and
               to update the land use table to reflect this
               change, on property generally located at S. 27th
               St. and Grainger Parkway. 

13)            REFERRALS TO THE PLANNING DEPARTMENT:
               Change of  Zone No. 11036 - Requested by
               ESP, Inc., from R-2 Residential District to R-5
               Residential District, on property generally
               located at N. 40th Street and Turner Street.
               Change of Zone No. 11037 - Requested by the
               Director of Planning,  from R-4 Residential
               District to B-2 Planned Neighborhood Business
               District, on property generally located at N. 84th
               Street and Leighton Avenue.  
               Special Permit No. 11025 - Requested by ESP,
               Inc., Beautiful Day Acres Community Unit Plan, for 16
               single family attached units; 1 lot for 12 future
               single family lots and 1 lot for 266 multi-family
               units, with requests to waive the right-of-way
               width from 60' to 58'on Frederick Street, storm
               water detention facilities, and sanitary sewer
               running opposite the street grades in Frederick
               Street, Turner Street and N. 39th Street, and the 
               centerline grade more than one foot below the 50 
               year flood elevation, on property generally located 
               at N. 40th Street and Turner Street. 
               Use Permit No. 11003 - Requested by Liberty
               First Credit Union for one commercial lot with
               50,000 sq. ft. of commercial area proposed and one
               outlot over an existing private roadway on
               property generally located at N. 84th Street and
               Leighton Avenue. 


14)  MISCELLANEOUS REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE 


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

     NONE


PUBLIC HEARING - RESOLUTIONS

15)  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. (ADOPTED, 7-0; A-86558)
               Fact Sheet (13K)
               Attachment (4864K)

                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 16 
THRU 19 HAD 1ST READING)

16)  11-161    Approving a Sales Agreement between the City of
               Lincoln and the University of Nebraska Foundation,
               on behalf of Educare Lincoln, for the sale of
               approximately 90,000 sq. ft. of surplus City
               property located southwest of the intersection of
               North 14th Street and Manatt Street. 
               Fact Sheet (123K)
               Attachment (2509K)
			   
17)  11-162    Amending Ordinance 19589 passed August 8, 2011 for
               the widening and reconstruction of Old Cheney Road
               from 70th Street to 82nd Street to allow for the
               design and construction of right-turn lanes at the
               intersection of 70th Street and Old Cheney Road.
               Fact Sheet (13K)

18)  11-163    Approving a Lease Agreement between the City of
               Lincoln and Silver Properties LLC for a lease of
               space for a five-year term for use by the Lincoln
               Police Department.
               Fact Sheet (90K)
               Attachment (98K)
			   
19)  11-164    Approving a Lease and Operating Agreement between
               the City and the Board of Regents of UNL for lease
               of space at the West Haymarket Arena.
               Fact Sheet (75K)
               Attachment (5M)


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

20)  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)
               (ADOPTED, 7-0; A-86559)    
               Attachment (549K)
			   
21)  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)
               (PASSED, 7-0; #19639)
               Fact Sheet (4066K)

22)  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) (ADOPTED, 7-0; 
               A-86560)
               Fact Sheet (3595K)

23)  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.
               (PASSED, 5-2; CARROLL, COOK, EMERY, ESKRIDGE, 
               SCHIMEK ASSENTING; CAMP, HORNUNG DISSENTING; 
               #19640)
               Attachment (2838K)
               Attachment (Option B) (2832K)
               Attachment (Option C) (2828K)


PENDING LIST - DATE CERTAIN

24)  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)

25)  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)

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) (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)

27)  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)

28)  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)

29)  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)

30)  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)


PENDING LIST   (EXTENDED ONE WEEK)

31)  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)

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)      

                                 
   WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
   PUBLIC HEARING ON MONDAY, OCTOBER 31, 2011, AT 3:00 P.M.
                                                   (APPROVED, 7-0)

40)  11R-266   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of October 1 - 15,
               2011.
               Fact Sheet (19K)
               Attachment (14K)

41)  11R-261   Approving an Amendment to the Agreement between
               the Nebraska Emergency Management Agency and the
               City of Lincoln on behalf of the Lincoln Lancaster
               County Health Department for the Lincoln
               Metropolitan Medical Response System to extend the
               term to February 28, 2012.
               Fact Sheet (95K)
               Attachment (744K)

42)  11R-262   Approving a Contract Agreement between the City of
               Lincoln and the League of Human Dignity for the
               annual requirements for Administration of
               StarTran's Special Transportation Programs,
               pursuant to Bid No. 11-204, for a two-year term
               with the option to renew for one additional two-
               year term.
               Fact Sheet (122K)
               Attachment (2M)

43)  11R-263   Approving a Contract Agreement between the City of
               Lincoln and Plunkett's Pest Control for the annual
               requirements for Pest Control Services at
               StarTran, pursuant to Quote No. 3640, for a two-
               year term with the option to renew for one
               additional two-year term.
               Fact Sheet (120K)
               Attachment (5M)

44)  11R-264   Approving a Funding Agreement between the City of
               Lincoln and the State of Nebraska Department of
               Roads to allow the use of Federal Transportation
               Program Funds for construction and construction
               engineering to replace existing pedestrian signal
               heads with countdown-style pedestrian signal
               heads. City Project No. 701076.  State Project No.
               HSIP 5239(7), CN 12927.
               Fact Sheet (13K)
               Attachment (884K)

45)  11R-265   Approving the award of contract to the low bidder
               for the Agreement between the City of Lincoln and
               the State of Nebraska Department of Roads for
               countdown-style pedestrian signal heads. City
               Project No. 701076.  State Project No. HSIP
               5239(7), CN 12927.
               Fact Sheet (13K)
               Attachment (254K)       


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   5:59 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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                          lincoln.ne.gov

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