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Formal Agenda


           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                 MONDAY, DECEMBER 5, 2011 AT 3:00 P.M.

                  ALL MEMBERS PRESENT EXCEPT SCHIMEK

          THERE WILL BE NO MEETING THE WEEK OF DECEMBER 26 AND
             THE WEEK OF JANUARY 2, 2012 DUE TO THE HOLIDAYS

                             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-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. (ADOPTED, 6-0; A-86615)

 2)  11R-289   Appointing Kristina Guerrero-Sisneroz to the
               Citizen Police Advisory Board for a three-year
               term expiring November 17, 2014. 
               (ADOPTED, 6-0; A-86616)
               Attachment (88K)

 3)  11R-292   Approving the appointment of Douglas McDaniel as
               Personnel Director for the Lincoln-Lancaster
               County Personnel Department effective January 3,
               2012. (ADOPTED, 6-0; A-86617)

 4)            Resolution approving the distribution of funds
               representing interest earnings on short-term
               investments of Idle Funds during the month ended
               October 31, 2011. (ADOPTED, 6-0; A-86618)

 5)            Report from City Treasurer of City Cash on hand
               at the close of business October 31, 2011. 
               (PLACED ON FILE)

 6)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on November 14, 2011. 
               (PLACED ON FILE)

 7)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on November 21, 2011. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 8)            Setting the hearing date of Monday, December 12,
               2011 at 3:00 p.m. for the application of
               Cheddar's Casual Café, Inc. dba Cheddar's Casual
               Café for a Class I liquor license located at
               5424 East O Street. (ADOPTED, 6-0; A-86619)

 9)            Informal petition to create emergency sewer and
               water districts on property located at 6701
               Almira Lane submitted by Terry S. Williams. 
               (REFERRED TO PUBLIC WORKS DEPT. ON 11/22/11)

10)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 11044 to Use
               Permit No. 123E, Landmark Corporate Center,
               approved by the Director on November 15, 2011
               requested by Olsson Associates to revise the
               boundary of the use permit to remove land
               recently rezoned R-5 and H-3 from Landmark
               Corporate Center on property generally located
               at N. 33rd St. and Folkways Blvd. 
               Administrative Amendment No. 11056 to
               Special Permit No. 05054, Rambling Rose Acres
               Community Unit Plan, approved by the Director on
               November 16, 2011 requested by ESP, Inc. on
               behalf of Goings Homes to revise the internal
               build-thru building envelope on Lot 1, Block 2
               on property generally located at Highway 77 and
               Bennet Rd. 
               Administrative Amendment No. 11061 to
               Special Permit No. 1992A, Edenton Woods
               Community Unit Plan, approved by the Director on
               November 18, 2011 requested by Olsson Associates
               to include an adjustment of the setbacks for Lot
               16, Block 2 by adjusting the rear setback to 10
               feet for decks and adjusting the front setback
               to 10 feet for that portion of the front lot
               line adjacent to the curve of the cul-de-sac
               bulb on property generally located at Ashbrook
               Dr. and Highway 2. 
               Administrative Amendment No. 11059 to Use
               Permit No. 29A approved by the Director on
               November 21, 2011 requested by Olsson Associates
               to add parking stalls and increase in total
               allowed from 70,010 to 72,000 sq. ft. on
               property generally located northwest of S. 40th
               St. and Old Cheney Rd.
               Administrative Amendment No. 11062 to
               Special Permit No. 1989A, Tamarin Ridge,
               approved by the Planning Director on November
               22, 2011 requested by Design Associates to
               reduce the internal side yards from ten feet to
               zero feet and to revise the land use on Lot 3 to
               Commercial on property generally located at S.
               27th St. and Kendra Ln.
               Administrative Amendment No. 11055 to
               Special Permit No. 1762D, Vintage Heights
               Community Unit Plan, approved by the Planning
               Director on November 23, 2011 requested by
               Barclay Construction to adjust the rear setback
               to 15 feet for uncovered, unenclosed decks for
               Lots 17-34, Block 23, on property generally
               located northeast of S. 84th St. and Pine Lake
               Rd. 
               Waiver No. 11024 to Change of Zone No.
               07019, Glynoaks Planned Unit Development, 
               approved by the Planning Director on November
               23, 2011 requested by REGA Engineering Group,
               Inc. to allow outdoor lighting up to 6,500
               lumens using semi-cutoff fixtures for property
               generally located at S. 84th St. and Glynoaks
               Dr.


11)  MISCELLANEOUS  REFERRALS - NONE

                         - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

12)            Application of TLR Inc. dba Holmes Golf Course
               for a Class C liquor license at 3701 South 70th
               Street. (ADOPTED FOR APPROVAL, 5-1; CARROLL, COOK, 
               EMERY, ESKRIDGE, HORNUNG ASSENTING; CAMP DISSENTING; 
               A-86620)

13)            Manager application of Timothy L. Rowland for
               TLR Inc. dba Holmes Golf Course at 3701 South
               70th Street. (ADOPTED FOR APPROVAL; 6-0;  
               A-86621)

14)            Application of TLR Inc. dba Pioneers Golf Course
               for a Class C liquor license at 3403 West Van
               Dorn Street. (ADOPTED FOR APPROVAL, 5-1; CARROLL, 
               COOK, EMERY, ESKRIDGE, HORNUNG ASSENTING; 
               CAMP DISSENTING; A-86622)

15)            Manager application of Timothy L. Rowland for
               TLR Inc. dba Pioneers Golf Course at 3403 West
               Van Dorn Street. (ADOPTED FOR APPROVAL; 6-0; 
               A-86623)

16)            Application of Denis Vontz dba Mahoney Golf
               Course for a Class I liquor license at 7900
               Adams Street. (ADOPTED FOR APPROVAL; 6-0; 
               A-86624)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 17 THRU 
20 HAD 2ND READING)

17)  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)

18)  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. (11/21/11 - Con't.
               2nd Reading/P.H. to 12/5/11 w/Action on
               12/12/11)
               Fact Sheet (111K)

19)  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. (11/21/11 -
               Con't. 2nd Reading/P.H. to 12/5/11
               w/Action on 12/12/11)
               Fact Sheet (118K)

20)  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. (11/21/11 - Con't.
               2nd Reading/P.H. to 12/5/11 w/Action on
               12/12/11)
               Fact Sheet (121K)


PUBLIC HEARING - RESOLUTIONS

21)  11R-287   Assessing the cost of asbestos abatement and
               demolition of the dangerous building located at
               2011 S. 19th Street. (ADOPTED, 6-0; A-86625)
               Fact Sheet (153K)
               Attachment (700K)

22)  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. (ADOPTED, 6-0; A-86626)
               Fact Sheet (14K)
               Attachment (20K)

23)  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. (ADOPTED, 6-0; A-86627)
               Fact Sheet (97K)
               Attachment (545K)

24)  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. (ADOPTED, 5-0; HORNUNG ABSTAINING; A-86628)
               Fact Sheet (42K)
               Attachment (726K)

                         - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 25 THRU 
29 HAD 1ST READING)

25)  11-181    Change of Zone 11039 - Application of
               Grandmother's, Inc. and Prairie Life Limited
               Partnership for a change of zone from R-3
               Residential District and O-3 Office Park
               District to B-2 Planned Neighborhood Business
               District on property generally located northwest
               of the intersection of South 70th Street and A
               Street.
               Fact Sheet (526K)

26)  11-185    Approving the issuance by the City of its
               educational facilities revenue and refunding
               bonds (Nebraska Wesleyan University Project) in
               the amount of $21,000,000.

27)  11-183    Approving a Sublease Agreement between the City
               and DAS/State Building Division on behalf of
               Nebraska Department of Education, Vocational
               Rehabilitation Services, at the One Stop Career
               Center at 1010 N Street for providing job
               training and employment services under the
               Workforce Investment Act for a term of January
               1, 2012 through December 31, 2015.
               Fact Sheet (97K)
               Attachment (1757K)

28)  11-184    Creating a Business Improvement District for the
               maintenance, repair and reconstruction of
               certain public facilities and improvements
               within the area generally located along South
               48th Street between Calvert Street and Pioneers
               Boulevard and providing for special assessments
               to be imposed within the district.
               Fact Sheet (109K)
               Attachment (333K)

29)  11-186    Amending Table 1A of Section 20.08.090 of the
               Lincoln Municipal Code relating to Building Code
               Permit Fees to include the $50.00 base fee
               applied to every commercial project regardless
               of the valuation of construction.
               Fact Sheet (152K)


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

30)  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. (PASSED, 6-0; #19653)
               Fact Sheet (653K)

31)  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.
               (PASSED, 6-0; #19654)
               Fact Sheet (585K)

32)  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. (PASSED, 6-0; #19655)
               Fact Sheet (709K)

33)  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." (PASSED, 6-0; #19656)
               Attachment (79K)


RESOLUTIONS - ACTION ONLY

34)  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)
               (Request to Delay Action 1 week to 12/12/11)
               (ACTION DELAYED ONE WEEK TO 12/12/11, 6-0)
               Fact Sheet (143K)
               Attachment (4260K)
               Motion To Amend (6K)

35)  11R-286   Adopting the Lincoln Electric System Annual
               Budget for 2012, to become effective January 1,
               2012. (Action Date: 12/5/11) (Request to
               Delay Action 1 week to 12/12/11) (ACTION DELAYED 
               ONE WEEK TO 12/12/11, 6-0)
               Fact Sheet (146K)
               Attachment (5813K)
               Motion To Amend (6K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

36)  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)

37)  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)

38)  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)

39)  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)

40)            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)

41)  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)

42)  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)

43)  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)

44)  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 12, 2011, AT 3:00 P.M.
                                                  (APPROVED, 6-0)

45)  11R-299   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of November 16 -
               30, 2011.
               Fact Sheet (14K)
               Attachment (21K)

46)  11R-294   Approving Contract Documents between the City of
               Lincoln and Thien Farm Management, Inc. for the
               annual requirements for Farm Management pursuant
               to Bid No. 11-165 for a four-year term with the
               option to renew for one additional four-year
               term.
               Fact Sheet (115K)
               Attachment (21875K)

47)  11R-295   Rescinding Resolution No. A-81080 adopted by the
               City Council on  September 10, 2001 for the use
               of public right-of-way in Peach Street between
               South 6th and South 7th Street.
               Fact Sheet (12K)
               Attachment (47K)

48)  11R-296   Application of WRK Real Estate LLC to use the
               public right-of-way at 210 North 14th Street for
               the construction of a raised dock area for
               outdoor dining in the right-of-way and sidewalk
               space.
               Fact Sheet (13K)
               Attachment (4860K)

49)  11R-297   Application of WRK Real Estate LLC to use the
               public right-of-way at 301 South 9th Street for
               the construction of an accessible ramp and
               landing for access to an existing entrance or
               exit to the property.
               Fact Sheet (13K)
               Attachment (5443K)

50)  11R-298   Approving a Preliminary Engineering and National
               Environmental Policy Act (NEPA) Services
               Agreement between the City of Lincoln and E&A
               Consulting Group to provide preliminary and
               final design services and environmental re-
               evaluation services for the South 56th Street,
               Shadow Pines Drive to Old Cheney Road project.
               Fact Sheet (12K)
               Attachment (4964K)

51)  11R-300   Approving a three-year contract between the City
               of Lincoln and Continuum Employee Assistance
               Training Consulting for employee assistance
               program services for a three-year period from
               January 1, 2012 through December 31, 2014.
               Fact Sheet (44K)
               Attachment (513K)


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
     DECEMBER WHICH WILL BE ON DECEMBER 19TH AT 5:30 P.M.


ADJOURNMENT   4:57 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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