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Formal Agenda


        ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                 MONDAY, JANUARY 9, 2012 AT 3:00 P.M.

                          ALL MEMBERS PRESENT.

         THERE WILL BE NO MEETING THE WEEK OF JANUARY 16, 2012
               IN OBSERVANCE OF MARTIN LUTHER KING DAY

                            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-313   Approving the appointment of Miki Esposito as
               Director of the Public Works and Utilities
               Department effective December 12, 2011.
               (ADOPTED, 7-0; A-86657)

2)   11R-314   Reappointing Dan Harshman, W. Don Nelson and Matt
               McNair to the Lincoln Electric System
               Administrative Board for three-year terms expiring
               December 31, 2014.  (ADOPTED, 7-0; A-86658)

3)   11R-315   Reappointing Steve Masters to the District Energy
               Corporation for a two-year term expiring December
               31, 2013.  (ADOPTED, 7-0; A-86659)

4)             Resolution assessing the costs for construction of
               Water District No. 1201 located in 84th Street 
               from Highway 6 to Fletcher Avenue.  (ADOPTED, 7-0;
               A-86672)

5)             Resolution assessing the costs for construction of 
               Sewer District 1185 located in 84th Street, 
               Highway 6 to approximately 430 feet south
               of Fletcher Avenue.  (ADOPTED, 7-0; A-86673)

6)             Resolution assessing the costs for construction of 
               Alley Re-Paving District 49 located in the
               east/west alley 10th to 11th Streets, 
               G to H Streets.  (ADOPTED, 7-0; A-86674)

7)             Affidavit of Mailing for Public Works Board of
               Equalization to be held on January 23, 2012, at
               3:00 p.m. for Water District No. 1201, Sewer
               District 1185 and Alley Re-Paving District 49.
               (PLACED ON FILE)

8)             Resolution setting the hearing date of Monday,
               January 30, 2012, at 5:30 p.m. or as soon
               thereafter as possible on the assessment of clean
               up costs incurred by the City of Lincoln on
               property located at 2304 South 24th Street.
               (ADOPTED, 7-0; A-86660)

9)             Lincoln Electric System Rate Schedules and Service
               Regulations for rates effective January 1, 2012.
               (PLACED ON FILE)

10)            Report from City Treasurer of city cash on hand at
               the close of business November 30, 2011. (PLACED ON
               FILE)

11)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               idle funds during the month ended November 30,
               2011.  (ADOPTED, 7-0; A-86661)

12)            Clerk's letter and Mayor's approval of resolutions
               and ordinances passed by the City Council on
               December 12, 2011. (PLACED ON FILE)

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


PETITIONS & COMMUNICATIONS

14)            REFERRALS TO THE PLANNING DEPARTMENT:
               Change of Zone No. 11041 - Requested by the
               Director of Parks and Recreation, from AG Agricultural
               District to P Public Use District; from R-3 Residential
               District to P Public Use District, generally located at 
               N. 44th Street and Superior Street.    
               Change of Zone No. 11043 - Requested by Olsson
               Associates, from R-3 Residential District to O-2
               Suburban Office District, on property generally
               located at S. 80th Street and Pioneers Boulevard.
               Special Permit No. 11032 - Requested by Lindsay
               Kubicek, for expansion of a non-conforming use into the
               required front yard setback to allow an outdoor play
               area associated with an early childhood care facility
               generally located at S. 47th Street and Van Dorn Street. 

15)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK
               Administrative Amendment No. 11069 -  to Special
               Permit No. 1959, Prairie Village Community Unit Plan,
               approved by the Planning Director on December 27, 2011,
               requested by Colby and Katie Venema, to reduce the
               setback from a pedestrian easement from 10 feet to 7.5
               feet on Lot 30, Block 2, Prairie Village, on property
               generally located at N. 84th St. and Leighton Ave.


16)  MISCELLANEOUS  REFERRALS


                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

17)            Application of P.R. Ventures LLC dba Nebraska
               Champions Club for a Class CK liquor license at
               707 Stadium Drive.  (ADOPTED FOR APPROVAL, 7-0;
               A-86662)     

18)            Manager application of Chad W. Carlson for P.R.
               Ventures LLC dba Nebraska Champions Club at 707
               Stadium Drive. (ADOPTED FOR APPROVAL, 7-0; A-86663)

19)            Application of BSR Inc. dba The Office for a Class
               C liquor license at 640 West Prospector, #200.
               (ADOPTED FOR APPROVAL, 7-0; A-86664)

20)            Manager application of Roger Westerhold for BSR
               Inc. dba The Office at 640 West Prospector, #200.
               (ADOPTED FOR APPROVAL, 7-0; A-86665)

21)            Application of ZRC Operations Company dba Qdoba
               Mexican Grill for a Class A liquor license at 211
               North 11th Street.  (ADOPTED FOR APPROVAL, 7-0;
               A-86666)

22)            Manager application of Heather Hampton for ZRC
               Operations Company dba Qdoba Mexican Grill at 211
               North 12th Street.  (ADOPTED FOR APPROVAL, 7-0;
               A-86667)


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

23)  11-190    Authorizing and providing for the issuance of a
               Community Development Revenue Note, (10th and
               Military Creekside Village Project) in a total
               principal amount not to exceed $800,000.00.
               (Request 2nd, 3rd Readings on 1/9/12)(RULES
               SUSPENDED TO HAVE 3RD READING ON THIS DATE,
               7-0; MTA #1 TO ACCEPT SUBSTITUTE ORDINANCE
               ADOPTED, 7-0; PASSED, 7-0; #19666)
               
24)  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)  (PUBLIC HEARING 
               CONTINUED TO 1/30/12 WITH ACTION ON 2/6/12)
               Attachment A (1243K)
               Attachment B (1418K)	


PUBLIC HEARING - RESOLUTIONS

25)  11R-309   Approving JJ's Bar & Grill as a keno satellite
               site at 2310 North 1st Street, Suite 7-9.
               (ADOPTED, 7-0; A-86668)
               Fact Sheet (91K)

26)  11R-310   Approving a Construction Engineering Agreement
               between the City of Lincoln and the State of
               Nebraska Department of Roads to allow the use of
               Federal Surface Transportation Program Funds for
               construction engineering services for the Lincoln
               Downtown Street Resurfacing project.  City Project
               No. 540021.  State Project No. LCLC-5230(2), CN
               13140.  (ADOPTED, 7-0; A-86669)
               Fact Sheet (13K)
               Attachment (1442K)

27)  11R-311   Approving a Construction Engineering Agreement
               between the City of Lincoln and the State of
               Nebraska Department of Roads to allow the use of
               Federal Surface Transportation Program Funds for
               construction engineering services for the Lincoln
               Citywide Street Micro-surfacing project.  City
               Project No. 540024.  State Project No. LCLC-
               5249(7), CN 13139. (ADOPTED, 7-0; A-86670)
               Fact Sheet (13K)
               Attachment (1379K)


                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
     (ITEM 28 HAD 1ST READING)

28)  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)

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

29)  11-189    Approving a Lease Agreement between the City of
               Lincoln and the Lincoln Trap and Skeet Club for a
               portion of Boosalis Park located at North 44th
               Street and Superior Street to be used as a public
               Sporting Clays Range for a 15 year term. (PASSED,
               7-0; #19667)
               Fact Sheet (118K)
               Attachment (745K)

30)  11R-306   Comp. Plan Amendment No. 11007 - Application of
               the Planning Director on behalf of Nebco, Inc. to
               amend the 2040 Lincoln-Lancaster County
               Comprehensive Plan by changing the Future Land Use
               Plan from Urban Residential to Commercial on
               property generally located at Highway 34 and
               Fallbrook Boulevard. (Related Items: 11R-306,
               11-187, 11-188) (Action Date: 1/9/12) (ADOPTED,
               7-0; A-86671)
               Fact Sheet (934K)

31)  11-187    Annexation No. 11003 - Amending the Lincoln
               Corporate Limits Map by annexing approximately 10
               acres generally located at Fallbrook Boulevard and
               Tallgrass Parkway. (Related Items: 11R-306, 
               11-187, 11-188) (Action Date: 1/9/12) (PASSED, 7-0;
               #19668)
               Fact Sheet (614K)
               Attachment (376K)

32)  11-188    Change of Zone No. 05085A - Application of Nebco,
               Inc. to amend the Fallbrook Planned Unit
               Development to expand the PUD and change the
               zoning from AG Agricultural District to B-2
               Planned Neighborhood Business District PUD, on
               property generally located at Fallbrook Boulevard
               and Highway 34; for a Planned Unit Development
               designation of said property; and for approval of
               a development plan which proposes waivers and
               modifications to the Zoning and Land Subdivision
               Ordinance to allow approximately 220,000 square
               feet of additional commercial floor area, on the
               underlying B-2 zoned area, for a total of
               approximately 900,000 square feet of commercial
               floor area in the entire PUD. (Related Items:
               11R-306, 11-187, 11-188) (Action Date: 1/9/12)
               (PASSED, 7-0; #19669)
               Fact Sheet (3988K)
               Attachment (105K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED TWO WEEKS)

33)  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)

34)  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)

35)  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)

36)  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)

37)            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)

38)  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)

39)  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)

40)  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. 03/21/11 -
               Action Delayed 1 wk. to 3/28/11) (3/28/11 - Placed
               on Indefinite Pending)
               Fact Sheet (1022K)
               Attachment (1001K)

41)  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 23, 2012, AT 3:00 P.M.
                                   (APPROVED, 6-0; HORNUNG ABSENT)
42)  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.
               Fact Sheet (104K)
               Attachment (301K)

43)  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.
               Fact Sheet (141K)
               Attachment (189K)

44)  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.
               Fact Sheet (141K)
               Attachment (10448K)

45)  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.
               Fact Sheet (14K)
               Attachment (23K)

46)  12R-4     Reappointing Wendy Francis and Bennie Shobe
               to the Human Rights Commission for terms
               expiring December 31, 2014.

47)  12R-5     Appointing Zainab Al-Baaj to the StarTran
               Advisory Board for a term expiring October
               20, 2014.
               Attachment (95K)

48)  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.
               Fact Sheet (337K)

49)  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."
               Fact Sheet (1741K)

50)  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.
               Fact Sheet (21K)

51)  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. 
               Fact Sheet (1927K)

52)  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.
               Attachment (2844K)

53)  12R-13    Appointing Dr. M. Colleen Jones to the Cable
               Advisory Board for a term expiring on July 1,
               2013.
               Attachment (93K)


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 THE MONTH OF JANUARY ARE THE 9TH 
     AND 30TH.


ADJOURNMENT   3:40 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.
                                   ****
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                              lincoln.ne.gov

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