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Formal Agenda


            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                  MONDAY, NOVEMBER 21, 2011 AT 5:30 P.M.

                           ALL MEMBERS PRESENT

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

                              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)             Resolution levying the special taxes  for the
               costs of the improvements in the Downtown Business
               Improvement District, the Core Business
               Improvement District Overlay and the Maintenance
               District as approved by the Board of Equalization
               on Monday, November 14, 2011.
               (ADOPTED, 7-0; A-86603)

2)             Resolution setting the hearing date of Monday,
               December 19, 2011, at 5:30 p.m. for the assessment
               of weed abatement costs incurred by the City of
               Lincoln for the period of January 1, 2011 through
               December 31, 2011. (ADOPTED, 7-0; A-86604)            

3)             Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on
               November 7, 2011. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

4)             Setting the hearing date of Monday, December 12,
               2011 at 3:00 p.m. for the application of Meier's
               Wine, Inc. dba Wick Alumni Center for a Class I
               liquor license at 1520 R Street.
               (ADOPTED, 7-0; A-86605)

5)             Setting the hearing date of Monday, December 12,
               2011 at 3:00 p.m. for the application of Prince
               Brothers LLC dba Wahoo's Fish Taco for a Class I
               liquor license at 210 N. 14th Street.
               (ADOPTED, 7-0; A-86606)

6)             Setting the hearing date of Monday, December 12,
               2011 at 3:00 p.m. for the application of Kali
               Records LLC dba Smooth for a Class C liquor
               license at 1644 O Street. (ADOPTED, 7-0; 
               A-86607)

7)             REFERRALS TO THE PLANNING DEPARTMENT:
               Change of Zone No. 05085A - requested by
               Olsson Associates, for an amendment to the
               Fallbrook Planned Unit Development to expand the
               PUD and change the zoning from AG Agricultural
               District to B-2 Planned Neighborhood Business
               District, on property generally located at
               Fallbrook Boulevard and Highway 34.
               Special Permit No. 11029 - requested by Derek
               Zimmerman for authority to sell alcoholic
               beverages for consumption off the premises on
               property generally located at SW 16th
               Street and West O Street.
               Special Permit No. 11030 - requested by Cheryl
               Dubas dba Little Munchkinland, for an early
               childhood care facility on property generally
               located at SW 27th Street and West A
               Street.

8)             PLACED ON FILE IN THE OFFICE OF THE CITY CLERK
               Administrative Amendment No. 11054 - to Use
               Permit No. 89C, Pine Ridge, requested by Olsson
               Associates, approved by the Planning Director on
               November 14, 2011, to revise the lot and parking
               layout and expand the building envelope on
               property generally located at S. 16th Street 
               and Pine Lake Road.


9)   MISCELLANEOUS  REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)(ITEMS 10 
THRU 16 HAD 2ND READING, SEE ITEMS 13, 14 & 15)

10)  11-172    Change of Zone 11036 - Application of Robert and
               Sally Schmieding for a change of zone from R-2
               Residential District to R-5 Residential District
               on property generally located at North 40th Street
               and Frederick Circle.
               Fact Sheet (653K)

11)  11-173    Change of Zone 11037 - Application of the Planning
               Director for a change of zone from R-4 Residential
               District to B-2 Planned Neighborhood Business
               District on property generally located at North
               86th Street and Lexington Avenue.
               Fact Sheet (585K)

12)  11-175    Vacation No. 11009 - Vacating Bancroft Avenue from
               South 49th Street to South 51st Street and South
               51st Street from Calvert Street to Bancroft
               Avenue.
               Fact Sheet (709K)

13)  11-176    Amending Title 24 of the Lincoln Municipal Code by
               adding a new Chapter 24.10 to adopt the 2009
               edition of the Uniform Plumbing Code, with
               amendments, additions and deletions thereto,
               regulating and controlling the design,
               construction, quality of materials, erection,
               installation, alteration, repair, location,
               relocation, replacement, addition to, use or
               maintenance of any plumbing system in the City of
               Lincoln; providing for the issuance of permits and
               collection of fees therefor; and repealing Chapter
               24.12 of the Lincoln Municipal Code as hitherto
               existing. (2ND READING/PUBLIC HEARING CON'T 
               TO 12/5/11 W/ACTION ON 12/12/11, 7-0)
               Fact Sheet (111K)

14)  11-177    Amending Chapter 25.10 of the Lincoln Municipal
               Code, the Lincoln Fuel Gas Code, by amending and
               adding certain sections to said Chapter 25.10 to
               adopt the 2009 International Fuel Gas Code
               regulating and governing fuel gas systems and gas-
               fired appliances in the City of Lincoln and
               providing for the issuance of permits and
               collection of fees therefor.(2ND READING/PUBLIC 
               HEARING CON'T TO 12/5/11 W/ACTION ON 12/12/11, 7-0)
               Fact Sheet (118K)

15)  11-178    Amending Chapter 25.04 of the Lincoln Municipal
               Code, the Lincoln Mechanical Code to adopt the
               2009 edition of the International Mechanical Code
               (IMC), with amendments, additions and deletions
               thereto. (2ND READING/PUBLIC HEARING CON'T 
               TO 12/5/11 W/ACTION ON 12/12/11, 7-0)
               Fact Sheet (121K)

16)  11-179    Approving an Energy Grant Interlocal Agreement
               between the City of Omaha and the City of Lincoln
               to accomplish residential and commercial upgrades
               in Lincoln under the ReEnergize Program, funded by
               the U.S. Department of Energy "Better Buildings
               Program."
               Attachment (79K)


PUBLIC HEARING - RESOLUTIONS

17)  11R-279   Comp. Plan Conformance No. 11012 - Resolution
               of intent to create a Business Improvement
               District for the maintenance, repair and
               reconstruction of certain public facilities
               and improvements in the area of South 48th
               Street between Calvert Street and Pioneers
               Blvd., to be known as the College View
               Business Improvement District.
               (ADOPTED, 7-0; A-86608)
               Fact Sheet (506K)
               Attachment (332K)

18)  11R-280   Approving a Cooperative Agreement between the
               Nebraska Department of Environmental Quality
               (NDEQ) and the City of Lincoln regarding State of
               Nebraska grant funding from the Stormwater
               Management Plan Program. 
               (ADOPTED, 7-0; A-86609)
               Fact Sheet (13K)
               Attachment (318K)

19)  11R-281   Approving an Agreement between the City and the
               University of Nebraska-Lincoln to conduct
               stormwater quality analysis to meet the
               requirements of the City's NPDES stormwater permit
               for a period of one year from January 1, 2012
               through December 31, 2012.
               (ADOPTED, 7-0; A-86610)
               Fact Sheet (13K)
               Attachment (643K)

20)  11R-282   Approving a labor contract between the City of
               Lincoln and the Lincoln Police Union to be
               effective August 18, 2011.
               (ADOPTED, 7-0; A-86611)
               Attachment 1 (138K)
	       Attachment 2 - Redlined Version

21)  11R-283   Approving the selection of Pavers as lowest bidder
               and authorizing execution of the construction
               contract between the City and the Nebraska Dept.
               of Roads for the use of Federal Transportation
               Program Funds for Project (Project No.
               LCLC-5230(2)), Lincoln Downtown Street
               Resurfacing. (ADOPTED, 7-0; A-86612)
               Fact Sheet (13K)
               Attachment (628K)

22)  11R-284   Approving the selection of Ballou as lowest bidder
               and authorizing execution of the construction
               contract between the City and the Nebraska Dept.
               of Roads for the use of Federal Highway
               Transportation Program funds for Project
               LCLC-5249(7), Lincoln City Street Microsurface.
               (ADOPTED, 7-0; A-86613)
               Fact Sheet (13K)
               Attachment (260K)

23)  11R-285   Adopting the LES Rate Schedules providing for a
               system average rate increase of 3.5%, effective
               January 1, 2012. (Action Date: 12/5/11)
               Fact Sheet (143K)
               Attachment (4260K)
               Motion To Amend (6K)

24)  11R-286   Adopting the Lincoln Electric System Annual Budget
               for 2012, to become effective January 1, 2012.
               (Action Date: 12/5/11)
               Fact Sheet (146K)
               Attachment (5813K)
               Motion To Amend (6K)

                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)(ITEM 25 
HAD 1ST READING)

25)  11-180    Accepting and approving the Second
               Amendment to Lease Agreement between the
               City of Lincoln and Lancaster County
               School District No. 001 to extend the
               term for the lease of office space in
               the building located at 949 West Bond
               Street.
               Fact Sheet (18K)
               Attachment (93K)


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

26)  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)
               (11/14/11 - Action Delayed 1 wk to
               11/21/11)(PASSED, 5-2; CAMP, CARROLL, EMERY, 
               HORNUNG, SCHIMEK ASSENTING; COOK, ESKRIDGE DISSENTING; 
               #19652)
               Fact Sheet (4866K)

27)  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)
               (11/14/11 - Action Delayed 1 wk to 11/21/11)
               (ADOPTED, 5-2; CAMP, CARROLL, EMERY, HORNUNG, 
               SCHIMEK ASSENTING; COOK, ESKRIDGE DISSENTING; 
               A-86614)
               Fact Sheet (1070K)

28)  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) (11/14/11 -
               Action Delayed 1 wk to 11/21/11) (LOST, 2-5; COOK, 
               ESKRIDGE ASSENTING; CAMP, CARROLL, EMERY, HORNUNG, 
               SCHIMEK DISSENTING; #38-4612)
               Fact Sheet (1465K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED TWO WEEKS)

29)  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)

30)  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)

31)  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)

32)  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)

33)            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)

34)  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)

35)  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)

36)  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)

37)  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, DECEMBER 5, 2011, AT 3:00 P.M.
                                       (APPROVED, 6-0; HORNUNG ABSENT)

38)  11R-287   Assessing the cost of asbestos abatement and
               demolition of the dangerous building located at
               2011 S. 19th Street.
               Fact Sheet (153K)
               Attachment (700K)

39)  11R-288   Reappointing Dwight Brown Jr., Scott Hatfield and
               Gregory W. Key to the Citizen Police Advisory
               Board for three-year terms expiring November 17,
               2014.

40)  11R-289   Appointing Kristina Guerrero-Sisneroz to the
               Citizen Police Advisory Board for a three-year
               term expiring November 17, 2014.
               Attachment (88K)

41)  11R-290   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of November 1 -
               15, 2011.
               Fact Sheet (14K)
               Attachment (20K)

42)  11R-291   Approving the Sub-Grant Award Agreement between
               the Nebraska Emergency Management Agency and the
               City of Lincoln regarding the 2009 Metropolitan
               Medical Response System for the Lincoln-Lancaster
               County Health Department in the amount of
               $321,221.00 for the award period of 9/1/2009
               through 7/31/2012.
               Fact Sheet (97K)
               Attachment (545K)

43)  11R-292   Approving the appointment of Douglas McDaniel as
               Personnel Director for the Lincoln-Lancaster
               County Personnel Department effective January 3,
               2012.

44)  11R-293   Approving an Agreement between the City and the
               Lincoln Chamber Economic Development Corp. (LCEDC)
               for the promotion of economic development in
               Lincoln for a three year term commencing September
               1, 2011 through August 31, 2014.
               Fact Sheet (42K)
               Attachment (726K)


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   9:32 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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