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Formal Agenda


          ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, NOVEMBER 7, 2011 AT 3:00 P.M.

                   ALL MEMBERS PRESENT EXCEPT CAMP

           THERE WILL BE NO MEETING THE WEEK OF NOVEMBER 28
                IN OBSERVANCE OF THANKSGIVING HOLIDAY

                     MAYOR'S AWARD OF EXCELLENCE
             FOR THE MONTH OF OCTOBER 2011 WAS PRESENTED TO 
               ELLEN WRIGHT, ENVIRONMENTAL HEALTH EDUCATOR 
                  FOR THE WATERSHED MANAGEMENT DIVISION
           OF THE PUBLIC WORKS & UTILITIES DEPARTMENT IN THE 
           CATEGORIES OF CUSTOMER RELATIONS AND PRODUCTIVITY

                           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)            Affidavit of Mailing for Board of Equalization
               Meeting for Downtown Business Improvement
               District, Core Business Improvement District
               Overlay & Downtown Maintenance District to be
               held on Monday, November 14, 2011 at 3:00 p.m. 
               (PLACED ON FILE)

 2)            Assessment Resolution for Downtown Business
               Improvement District for Board of Equalization
               to be held on Monday, November 14, 2011 at 3:00
               p.m. (ADOPTED, 6-0; A-86569)

 3)            Assessment Resolution for Downtown Maintenance
               District for Board of Equalization to be held on 
               Monday, November 14, 2011 at 3:00 p.m.
               (ADOPTED, 6-0; A-86570)

 4)            Assessment Resolution for Downtown Core Business
               Improvement District Overlay for Board of
               Equalization to be held on Monday, November 14,
               2011 at 3:00 p.m. (ADOPTED, 6-0; A-86571)

 5)            Resolution approving the distribution of funds
               representing interest earnings on short-term
               investments of Idle Funds during the month ended
               September, 2011. (ADOPTED, 6-0; A-86572)

 6)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on October 24, 2011.  (PLACED ON FILE)

 7)            Report from City Treasurer of City Cash on hand
               at the close of business September 30, 2011. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 8)            Setting the hearing date of Monday November 14,
               2011 at 3:00 p.m. for the application of C & RV,
               LLC dba Misty's for a Class C liquor license
               located at 3930 Village Drive.
               (ADOPTED, 6-0; A-86573)

 9)            REFERRALS TO THE PLANNING DEPARTMENT:
               Change of Zone No. 11039 - Requested by
               Mark Hunzeker from O-3 Office Park District and
               R-3 Residential District to B-2 Planned
               Neighborhood Business District on property
               generally located at S. 70th Street and A
               Street.
               Special Permit No. 11028 - Requested by
               Daryl Baier for the expansion of a nonconforming
               use on property generally located at S. 4th
               Street and G Street (345 G Street).


10)  MISCELLANEOUS REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

11)            Application of Pershing Center for a special
               designated license for an area measuring 200
               feet by 60 feet to the south and 280 feet by 60
               feet to the north of the licensed premises at
               226 Centennial Mall South on November 25, 2011
               from 8:00 a.m. to 11:00 a.m. (ADOPTED FOR APPROVAL, 
               6-0; A-86574)

12)            Application of Grayson Inc. dba 501 West A Bar &
               Grill for the addition of a catering license to
               its Class I liquor license at 501 West A Street.
               (ADOPTED FOR APPROVAL, 6-0; A-86575)

13)            Application of Kinja Inc. dba Kinja Sushi &
               Japanese Cuisine for a Class I liquor license at
               4141 Pioneer Woods Drive, Suite F.
               (ADOPTED FOR APPROVAL, 6-0; A-86576)

14)            Manager application of Hyang Kim for Kinja Inc.
               dba Kinja Sushi & Japanese Cuisine at 4141
               Pioneer Woods Drive, Suite F.
               (ADOPTED FOR APPROVAL, 6-0; A-86577)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 15 
THRU 22 HAD 2ND 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)

20)  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)

21)  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)

22)  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)


PUBLIC HEARING - RESOLUTIONS

     NONE

                      - END PUBLIC HEARING -


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

     NONE


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

23)  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. (PASSED, 6-0; #19641)
               Fact Sheet (123K)
               Attachment (2509K)

24)  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. (PASSED, 5-1; COOK, EMERY, 
               ESKRIDGE, HORNUNG, SCHIMEK ASSENTING; 
               CARROLL DISSENTING; #19642)
               Fact Sheet (13K)

25)  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. (PASSED, 6-0; #19643)
               Fact Sheet (90K)
               Attachment (98K)

26)  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.
               (PASSED, 6-0; #19644)
               Fact Sheet (75K)
               Attachment (5M)

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)
               (MTA #2 ADOPTED, 6-0; ADOPTED AS AMENDED, 6-0; 
               A-86578)
               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) (PASSED, 6-0; #19645)
               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)
               (PASSED, 6-0; #19646)
               Fact Sheet (2189K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

30)  07-73     Amending Title 20 of the Lincoln Municipal
               Code, the Building Code, by adding a new
               Chapter 20.02, entitled Neglected Building
               Registration, to require registration of
               neglected, deteriorated and/or abandoned
               buildings, to require the filing of plans
               for restoration or demolition of abandoned
               buildings, and to establish penalties for
               violations thereof. (5/7/07 - Placed on
               Pending, No Date Certain)
               Fact Sheet (13K)

31)  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)

32)  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)

33)  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)

34)            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)

35)  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)

36)  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)

37)  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)

38)  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 14, 2011, AT 3:00 P.M.
                                                 (APPROVED, 6-0)

39)  11R-267   Appointing Michael DeKalb to the StarTran
               Advisory Board to fill an unexpired term
               expiring October 20, 2012.
               Attachment (74K)

40)  11R-268   Reappointing Stephen Speicher to the StarTran
               Advisory Board for a three-year term expiring
               October 20, 2014.
               Attachment (841K)

41)  11R-269   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of October 16 -
               31, 2011.
               Fact Sheet (14K)
               Attachment (20K)

42)  11R-270   Approving a Contract for Services between the
               City of Lincoln and Cada, Froscheiser, Cada and
               Hoffman for collection litigation service with
               regard to debt collection for Lincoln Fire and
               Rescue with a contingent fee for a four year
               term and reporting a conflict in that Ed
               Hoffman, a partner in said law firm, is married
               to City of Lincoln employee Pam Hoffman, a
               Senior Office Assistant in the Risk Management
               Division.
               Fact Sheet (18K)
               Attachment (465K)

43)  11R-271   Comp. Plan Conformance 11010 - Adopting and
               approving the "Yolande Avenue Redevelopment
               Plan" for approximately 96.6 acres comprised
               predominantly of commercial and industrial land
               uses generally located between Cornhusker
               Highway and Salt Creek from approximately North
               14th Street to approximately North 24th Street.
               Fact Sheet (241K)
               Attachment (1970K)

44)  11R-272   Re-adopting the Water System Impact Fee
               Schedule, Water Distribution Impact Fee
               Schedule, Wastewater Impact Fee Schedule,
               Arterial Street Impact Fee Schedule, and
               Neighborhood Park and Trail Impact Fee Schedule
               without any adjustment for inflation for 2012.
               Fact Sheet (18K)

45)  11R-273   Approving a Preliminary Engineering and National
               Environmental Policy Act (NEPA) Services
               Agreement between the City of Lincoln and Alfred
               Benesch & Company setting out the various duties
               and fees for the Federal Aid Safety Project at
               Coddington Avenue and West Van Dorn Street.
               Fact Sheet (12K)
               Attachment (3787K)

46)  11R-274   Approving a Service Agreement for Golf
               Professionals between the City of Lincoln on
               behalf of the Lincoln Parks and Recreation
               Department and Timothy Rowland for the operation
               of Pioneers Golf Course for a three and one-half
               year period with the option to renew for one
               additional three-year term.
               Fact Sheet (142K)
               Attachment (988K)

47)  11R-278   Approving a Service Agreement for Golf
               Professionals between the City of Lincoln on
               behalf of the Lincoln Parks and Recreation
               Department and Timothy Rowland for the operation
               of Holmes Golf Course for a One and one-half
               year period.
               Fact Sheet (120K)

48)  11R-275   Approving a Service Agreement for Golf
               Professionals between the City of Lincoln on
               behalf of the Lincoln Parks and Recreation
               Department and Denis M. Vontz for the operation
               of Highlands Golf Course and Mahoney Golf Course
               for a three and one-half year period with the
               option to renew for one additional three-year
               term.
               Fact Sheet (111K)
               Attachment (1045K)

49)  11R-276   Approving the reappointment of Dick Esseks to
               the Lincoln-Lancaster County Planning Commission
               for a six-year term expiring on August 24, 2017.

50)  11R-277   Approving the appointment of Chris Hove and Greg
               Butcher to the Lincoln-Lancaster County Planning
               Commission for terms to expire on August 24,
               2017; and, approving the appointment of Ken
               Weber to the Lincoln-Lancaster County Planning
               Commission for a term to expire on September 24,
               2013.
               Attachment (281K)


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. THERE WILL ONLY
     BE ONE OPEN MICROPHONE SESSION DURING THE MONTH OF
     NOVEMBER WHICH WILL BE ON NOVEMBER 21ST AT 5:30 P.M.


ADJOURNMENT   4:30 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.
                                   ****
The City Council Agenda and Action Sheet may be accessed on the Internet at:
                              lincoln.ne.gov

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