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Formal Agenda


         ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
               MONDAY, OCTOBER 31, 2011 AT 3:00 P.M.

                  ALL MEMBERS PRESENT EXCEPT CAMP
                                 
                         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)            Report of Settlement Agreement under Neb. Rev.
               Stat. § 84-713. (non tort claims)
               (PLACED ON FILE)
	       Settlement Report

 2)            Clerk's Letter & Mayor's Approval of Ordinances
               & Resolutions passed October 17, 2011.
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 3)            Setting the hearing date of Monday, November 14,
               2011, at 3:00 p.m. for the application of Grata
               LLC dba Grata for a Class CK liquor license
               located at 6891 A Street, Suite 108.
               (ADOPTED, 6-0; A-86561)


 4)  MISCELLANEOUS  REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 5 
THRU 8 HAD 2ND READING)

 5)  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)

 6)  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)

 7)  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)

 8)  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)


PUBLIC HEARING - RESOLUTIONS

 9)  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. (ADOPTED, 6-0; A-86562)
               Fact Sheet (19K)
               Attachment (14K)

10)  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.
               (ADOPTED, 6-0; A-86563)
               Fact Sheet (95K)
               Attachment (744K)

11)  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. (ADOPTED, 6-0; A-86564)
               Fact Sheet (122K)
               Attachment (2M)

12)  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.
               (ADOPTED, 6-0; A-86565)
               Fact Sheet (120K)
               Attachment (5M)

13)  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. (ADOPTED, 6-0; A-86566)
               Fact Sheet (13K)
               Attachment (884K)

14)  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.
               (ADOPTED, 6-0; A-86567)
               Fact Sheet (13K)
               Attachment (254K)       

                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 15 
THRU 19 HAD 1ST READING)

15)  11-165    Amending Chapter 2.62 of the Lincoln Municipal
               Code relating to the Police and Fire Pension
               Plans A, B and C, respectively, by amending
               Section 2.62.120 relating to Trustee to Trustee
               Transfers to provide, in the case of an eligible
               rollover distribution, for separate accounting
               for taxable and non-taxable amounts and amending
               Section 2.62.230 relating to Qualified
               Retirement Plan to provide that a member shall
               be 100% vested upon attainment of requirements
               for an age and service retirement and to provide
               that a deceased member's military service be
               counted for vesting purposes.
               Fact Sheet (102K)

16)  11-166    Amending Chapter 2.65 of the Lincoln Municipal
               Code relating to the Police and Fire Pension
               Plans A, B and C, respectively, by amending
               Section 2.65.120 relating to Trustee to Trustee
               Transfers to provide, in the case of an eligible
               rollover distribution, for separate accounting
               for taxable and non-taxable amounts and amending
               Section 2.65.220 relating to Qualified
               Retirement Plan to provide that a member shall
               be 100% vested upon attainment of requirements
               for an age and service retirement and to provide
               that a deceased member's military service be
               counted for vesting purposes.
               Fact Sheet (108K)

17)  11-167    Amending Chapter 2.66 of the Lincoln Municipal
               Code relating to the Police and Fire Pension
               Plans A, B and C, respectively, by amending
               Section 2.66.095 relating to Trustee to Trustee
               Transfers to provide, in the case of an eligible
               rollover distribution, for separate accounting
               for taxable and non-taxable amounts and amending
               Section 2.66.200 relating to Qualified
               Retirement Plan to provide that a member shall
               be 100% vested upon attainment of requirements
               for an age and service retirement and to provide
               that a deceased member's military service be
               counted for vesting purposes.
               Fact Sheet (101K)

18)  11-168    Repealing Chapter 8.12 of the Lincoln Municipal
               Code relating to Small Family Child Care Home.
               Fact Sheet (117K)

19)  11-171    Approving a Sublease Agreement Amendment #1 to
               renew an existing Sublease between the city on
               behalf of the Lincoln Police Department & the
               State of Nebraska on behalf of the Nebraska 
               State Patrol for a five year term.      
               Fact Sheet (44K)
               Attachment (3071K)


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

     NONE


RESOLUTIONS - ACTION ONLY

20)  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
               scheduled for October 31, 2011 at 3:00 p.m.
               (MTA #1 ADOPTED, 6-0; MTA #2 ADOPTED, 6-0; 
               MTA #3 ADOPTED, 6-0; MTA #4 ADOPTED, 6-0; 
               ADOPTED AS AMENDED, 6-0; A-86568)
               Fact Sheet (15M)
               Motion to Amend 1 (7K)
               Motion to Amend 2 (9K)
               Motion to Amend 3 (9K)
               Motion to Amend 4 (7K)


PENDING LIST - DATE CERTAIN

21)  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)

22)  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)

23)  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)

24)  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)

25)  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)

26)  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)

27)  07-73     Amending Title 20 of the Lincoln Municipal
               Code, the Building Code, by adding a new
               Chapter 20.02, entitled Neglected Building
               Registration, to require registration of
               neglected, deteriorated and/or abandoned
               buildings, to require the filing of plans
               for restoration or demolition of abandoned
               buildings, and to establish penalties for
               violations thereof. (5/7/07 - Placed on
               Pending, No Date Certain)
               Fact Sheet (13K)

28)  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)

29)  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)

30)  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)

31)            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)

32)  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)

33)  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)

34)  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)

35)  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, NOVEMBER 7, 2011, AT 3:00 P.M.

     NONE

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   3:39 P.M.



                                   ***                
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          which is broadcast live at 3:00 p.m. every Monday and
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                      on 5 City-TV, Cable Channel 5.
                                   ****
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                              lincoln.ne.gov

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