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Formal Agenda



         IMMEDIATELY PRECEDING THE REGULAR COUNCIL MEETING
                THE CITY COUNCIL WILL CONVENE AS THE
       BOARD OF EQUALIZATION TO EQUALIZE THE ASSESSMENTS FOR
            WATER DISTRICT 1201, SEWER DISTRICT 1185 AND 
                    ALLEY RE-PAVING DISTRICT 49 
                    (APPROVED AS ASSESSED, 7-0)

                                 
         ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
               MONDAY, JANUARY 23, 2012 AT 3:00 P.M.

                         ALL MEMBERS PRESENT

                           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)  12R-4     Reappointing Wendy Francis and Bennie
               Shobe to the Human Rights Commission for
               terms expiring December 31, 2014.
               (ADOPTED, 7-0; A-86675)

 2)  12R-5     Appointing Zainab Al-Baaj to the StarTran
               Advisory Board for a term expiring October
               20, 2014. (ADOPTED, 7-0; A-86676)
               Attachment (95K)

 3)  12R-13    Appointing Dr. M. Colleen Jones to the Cable
               Advisory Board for a term expiring on July 1,
               2013. (ADOPTED, 7-0; A-86677)
               Attachment (93K)

 4)            Clerk's letter and Mayor's approval of resolutions
               and ordinances passed by the City Council on
               December 19, 2011. (PLACED ON FILE)

 5)            Lincoln Water & WasteWater System Recapitulation
               of Daily Cash Receipts for November 2011. 
               (PLACED ON FILE)

 6)            Lincoln Water and Wastewater System Fiscal Year
               2010- 2011 Audit. (PLACED ON FILE)

 7)            Report of Settlement Agreement under Neb.
               Rev. Stat. §84-173. (non tort claims)
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 8)            Setting the Hearing Date of Monday, February 13,
               2012 at 3:00 p.m. for the application of Asena
               Corporation dba South Street Liquor for a Class D
               liquor license located at 1000 South Street.
               (ADOPTED, 7-0; A-86678)

 9)            REFERRED TO PLANNING DEPARTMENT:
               Change of Zone 05068B - Requested by
               Calruby, LLC for an amendment to The
               Woodlands at Yankee Hill Planned Unit
               Development from AG Agricultural District to
               R-3 Residential District PUD on approximately
               22.62 acres, more or less, on property
               located at South Street and Yankee
               Hill Road.
               Change of Zone 11044 - Requested by
               Planning Director from P Public Use District to R-
               7 Residential District on property located at
               North 17th Street and R Street.
               Change of Zone 11045 - Requested by
               ESP, Inc from R-2 Residential District, I-1
               Industrial District and R-5 Residential District
               to H-3 Highway Commercial District on property
               located at North 40th Street and Colfax Avenue.
               Change of Zone 11046 - Requested by Michael
               Gealy from I-1 Industrial District to AG
               Agricultural District on property located at North
               134th Street and O Street.
               Change of Zone 11047 - Requested by City
               Impact from I-1 Industrial District to R-4
               Residential District on property located at North
               33rdStreet and Apple Street.
               Special Permit 04023A - Requested by
               City Impact for an amendment to the Flat Iron
               Crossing Community Unit Plan to add 9 residential
               lots and a 45 stall parking lot; the existing lots
               9-14 and 23-24 to reflect the dimensions of 2 new
               duplexes and a single family dwelling and allow
               for expansion to the existing Kamterter building;
               and reduction to setbacks on property located at
               North 33rd Street and Overland Trail.
               Special Permit 11033 - Requested by City
               Impact for a "Neighborhood Support Services"
               building within the existing Flat Iron Crossing
               Community Unit Plan on property located at
               North Street and Overland
               Trail.
 
10)            PLACED ON FILE IN THE CITY CLERK'S OFFICE:
               Administrative Amendment 11071 to Special
               Permit No. 440, approved by Planning Director on
               January 11, 2012, requested by Milder Manor, to
               revise the site plan to show an additional canopy
               over the driveway entrance, on property located at
               South 20th Street and Sumner Street.
               Administrative Amendment 11073 to Pre-
               Existing Use Permit No. 3, approved by the
               Planning Director on January 12, 2012, requested
               by WEA Gateway, LLC, to revise the parking table
               to Westfield Gateway Shopping Town, on property
               located at 63rd Street and O Street.


11)  MISCELLANEOUS  REFERRALS - NONE


                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEM 12 
HAD 2ND READING)

12)  12-2      Amending Chapter 10.16 of the Lincoln Municipal
               Code (Driving While Intoxicated, Unlicensed or
               Uninsured) by amending Section 10.16.030 relating
               to the penalty for driving under the influence of
               alcoholic liquor to comply with state statute; by
               amending Section 10.16.040 relating to the penalty
               for refusing to submit to a chemical test of
               blood, breath or urine test to determine the
               concentration of alcohol or the presence of drugs
               in such blood, breath or urine to comply with
               state statute; and amending Section 10.16.045
               relating to restrictions imposed for a second
               violation of Section 10.16.030 or 10.16.040 to
               comply with state statute, and declaring an
               emergency.
               Fact Sheet (17K)


PUBLIC HEARING - RESOLUTIONS

13)  12R-1     Approving an Amendment to Contract for Annual
               Requirements for Fluorescent Bulb Recycling
               Services, Bid No. 2807, to renew Contract C-
               09-0642 with A-TEC Recycling, adopted by
               Resolution No. A-85684 on January 14, 2010,
               for one additional two year term from January
               14, 2012 through January 13, 2014.
               (ADOPTED, 7-0; A-86679)
               Fact Sheet (104K)
               Attachment (301K)

14)  12R-2     Approving an Amendment to Agreement for
               Business Card and Letterhead Printing, Bid
               No. 09-219, to renew Agreement No. 09-0636
               with Cornerstone Printing and Imaging,
               adopted by Resolution No. A-85683 on January
               11, 2010, for one additional two year term
               from January 14, 2012 through January 13, 2014.
               (ADOPTED, 7-0; A-86680)
               Fact Sheet (141K)
               Attachment (189K)

15)  12R-6     Approving a Contract Agreement between the
               City of Lincoln, Lancaster County and En
               Pointe Technologies Sales, Inc. for
               Commercial Off the Shelf (COTS) Software and
               Related Services (State of Nebraska Contract
               13093 OC WSCA Master Price Agreement ADSP011-
               00000358-1) for a term from November 21, 2011
               through June 2, 2013. (ADOPTED, 7-0; A-86681)
               Fact Sheet (141K)
               Attachment (10448K)

16)  12R-11    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of December 1 -
               31, 2011. (MTA #1 ADOPTED, 7-0; ADOPTED AS 
               AMENDED, 7-0; A-86682)
               Fact Sheet (14K)
               Attachment (23K)
               Motion To Amend (6K)

17)  12R-7     Special Permit No. 11031 - Application of
               First Street Bible Church for a parking lot
               adjacent to the church in a residential
               district, with a request to waive the
               required front yard setback along 1st Street
               and G Street on property generally located at
               South 1st Street and G Street. (ADOPTED, 7-0; 
               A-86683)
               Fact Sheet (337K)

18)  12R-8     Comp. Plan Amendment No. 11004 - Application
               of the Planning Director to amend the 2040
               Comprehensive Plan to designate land
               generally located west of North 56th Street
               between Alvo Road and Arbor Road as Tier I,
               Priority A, and to revise the text on the
               2040 Priority Growth Areas map to replace the
               notation "Downtown/Antelope Valley" with
               "Greater Downtown." (ADOPTED, 7-0; A-86684)
               Fact Sheet (1741K)

19)  12R-9     Comp. Plan Amendment No. 11005 - Application
               of the Planning Director to amend the 2040
               Comprehensive Plan by revising the credits
               page; Chapter 1, Vision & Plan, LPlan 2040
               Elements; Chapter 12, Plan Realization,
               Public Sector Contributions; and Chapter 12,
               Plan Realization, Plan Update Process, to
               clearly differentiate the Comprehensive Plan
               document from the Long Range Transportation
               Plan document so that the intent of each
               document is more clearly understood.
               (ADOPTED, 7-0; A-86685)
               Fact Sheet (21K)

20)  12R-10    Comp. Plan Amendment No. 11006 - Application of
               the Planning Director to amend the 2040
               Comprehensive Plan to add introductory language
               clarifying the Plan's purpose as a policy guide.
               (LOST, 3-4; CAMP, EMERY, HORNUNG ASSENTING; CARROLL, 
               COOK, ESKRIDGE, SCHIMEK DISSENTING; #38-4613)
               Fact Sheet (1927K)
               Motion To Amend (14K)

21)  12R-12    Approving the amendment to the Block 85
               Redevelopment Agreement between Block 85 LLC,
               Booth Fisheries LLC and the City of Lincoln
               relating to the redevelopment of property
               generally located on Block 85 from 8th to 9th
               Streets and M Street to Rosa Parks Way.
               (AMENDED, 7-0; ADOPTED AS AMENDED 7-0; 
               A-86686)
               Fact Sheet (128K)
               Attachment (2844K)

                        - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 22 
THRU 24 HAD 1ST READING)

22)  12-3      Amending Chapter 28.01 of the Lincoln Municipal
               Code relating to Regulations for Construction Site
               Discharges to meet all state and federal
               requirements.
               Fact Sheet (100K)

23)  12-4      Annexation No. 11004 - Amending the Lincoln
               Corporate Limits Map by annexing approximately 418
               acres generally located at North 48th Street,
               north of Superior Street.
               Fact Sheet (445K)
               Attachment (301K)

24)  12-5      Change of Zone No. 11041 - Application of the
               Planning Director on behalf of City Parks and
               Recreation Department for a change of zone from AG
               Agricultural, R-3 Residential and H-4 General
               Commercial to P Public Use on property generally
               located at North 44th Street, north of Superior
               Street.
               Fact Sheet (1007K)

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

     NONE


PENDING LIST - DATE CERTAIN

25)  11-191    Approving a Real Estate Purchase Agreement and
               Lease Agreement between the Lincoln-Lancaster
               County Public Building Commission on behalf of the
               City of Lincoln and Lancaster County & Alfred
               Benesch & Company for the purchase and lease back
               of property located at 825 J Street. (Request
               to continue P.H. to 1/30/12) (1/9/12 - P.H. con't 
               to 1/30/12 w/Action on 2/6/12)
               Attachment A (1243K)
               Attachment B (1418K)	


PENDING LIST   (EXTENDED ONE WEEK)

26)  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)

27)  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)

28)  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)

29)  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)

30)            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)

31)  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)

32)  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)

33)  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)

34)  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, JANUARY 30, 2012, AT 5:30 P.M.
                                                   (APPROVED 7-0)

35)  12R-3     Assessing nuisance abatement costs associated
               with the clean up work by the Building and
               Safety Department on the property generally
               located at 2304 South 24th Street.
               Fact Sheet (100K)
               Attachment (665K)

36)  12R-14    Authorizing a request to the State of Nebraska,
               Board of Public Roads Classifications and
               Standards, for relaxation of standards for Other
               Arterials to allow using the North 27th Street
               Viaduct over the Burlington Northern Santa
               railroad tracks for the 27th Street Rehabilitation
               Project, City Project 540023.
               Fact Sheet (12K)

37)  12R-15    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of January 1 - 15,
               2012.
               Fact Sheet (14K)
               Attachment (18K)


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. OPEN MICROPHONE
     SESSIONS FOR THE MONTH OF JANUARY ARE THE 9TH AND
     30TH.


ADJOURNMENT   4:42 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