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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                     MONDAY, APRIL 9, 2012 AT 5:30 P.M.

                    ALL MEMBERS PRESENT EXCEPT ESKRIDGE

       THE COUNCIL MEETINGS OF APRIL 9TH AND 30TH BEGIN AT 5:30 P.M.

                              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)            Setting the Board of Equalization hearing date of
               Monday, April 30, 2012, at 5:30 p.m. on the North
               27th Street Maintenance Improvement
               District, the University Place Maintenance
               Improvement District and the South Street
               Maintenance Improvement District. (APPROVED, 6-0)

 2)            Resolution approving the City of Lincoln's
               Investment Activity Report from the City Treasurer
               for the Fiscal Year 2011-2012. (ADOPTED, 6-0; A-86751)

 3)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on March
               26, 2012. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 4)            Setting the hearing date of Monday, April 23, 2012
               at 3:00 p.m. for the application of Top Shelf
               Beverage Services LLC dba Top Shelf Beverage
               Services for a Class CK liquor license located at
               1038 O Street. (ADOPTED, 6-0; A-86752)

 5)            Setting the hearing date of Monday, April 23, 2012
               at 3:00 p.m. for the application of Nebraska CVS
               Pharmacy LLC dba CVS/Pharmacy 473 for a Class C
               liquor license located at 1550 South Street.
               (ADOPTED, 6-0; A-86753)

 6)            Setting the hearing date of Monday, April 23, 2012
               at 3:00 p.m. for the application of Mykhanh
               Restaurants dba Pho Factory for a Class I liquor
               license located at 940 North 26th Street.
               (ADOPTED, 6-0; A-86754)

 7)            REFERRALS TO THE PLANNING DEPARTMENT:
               Change of Zone No. 12004 - requested by the
               Director of Planning, amending Title 27 of the
               Lincoln Municipal Code relating to the Zoning Code
               by amending Figure 27.35.070(a) within Section
               27.35.070 to reflect the revised height limits in
               the B-4 Lincoln Center Business District; adding a
               new section numbered 27.59.015 titled Scope of
               Regulations to clarify that airport zoning
               regulations are applicable in all underlying
               zoning districts and apply to both public and
               private entities; amending Section 27.59.040
               relating to airport zoning height restrictions to
               replace the metes and bounds description with a
               reference to the Airport Zoning Map; amending
               Section 27.69.035 and Table 1, Off Premises Signs,
               within Section 27.69.040 to prohibit the location
               of off premises signs in the Haymarket and
               Downtown areas of the B-4 Lincoln Center Business
               District west of 9th Street; repealing Sections
               27.35.070, 27.59.040, and  27.69.035 and Table 1
               within Section 27.69.040 (Off-Premises Signs) of
               the Lincoln Municipal Code as hitherto existing;
               amending the Lincoln Airport Zoning Map dated
               February 25, 2002 to be consistent with Figure
               27.35.070(a); and amending the Lincoln Capitol
               Environs District Height Regulation Map to reflect
               a 57-foot height requirement west of the Capitol.
               Change of Zone No. 12005 - requested by
               Baylor, Evnen, Curtiss, Grimit & Witt, LLP, from
               AG Agricultural District and R-2 Residential
               District to H-3 Highway Commercial District, on
               property legally described as Lot 65 SE, located
               in the SE 1/4 of Section 23-9-7, Lancaster County,
               Nebraska, generally located at Highway 2 and First
               Street, Cheney, Nebraska.
               Special Permit No. 12009 - requested by
               Capitol City Christian Church, for seasonal sales,
               on property legally described as Lot 1, Block 1,
               Northern Lights 7th Addition, located in the SE
               1/4 of Section 15-10-7, Lancaster County,
               Nebraska, generally located at N. 80th Street and
               Holdrege Street (7800 Holdrege Street).  The
               Planning Commission action is final action, unless
               appealed to the City Council.
               Special Permit No. 12010 - requested by Martha
               Anne Cech, Cech Addition Community Unit Plan, for
               two lots, with a request to waive setbacks and
               minimum lot depth, on property legally described
               as Lot 2, Lang's Subdivision and Lot 1, Anncech
               Addition, located in the SW 1/4 of Section 5-9-7,
               Lancaster County, Nebraska, generally located at
               S. 40th Street and Pioneers Boulevard.  The
               Planning Commission action is final action, unless
               appealed to the City Council.


 8)  MISCELLANEOUS  REFERRALS  - NONE


                  - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 9 THRU 11 HAD 2ND READING)

 9)  12-33     Approving a contract between the City and
               Lincoln Haymarket Development Corp. to
               operate and regulate a Saturday public market
               in the Haymarket area, 7th Street from P to Q
               Streets and P Street from 7th to 8th Streets
               from May 5, 2012 through October 13, 2012 and
               on 8th Street from P to Q Streets from June
               2, 2012 through August 25, 2012 and also
               September 8, 2012.
               Fact Sheet (121K)
               Attachment (767K)

10)  12-34     Change of Zone 12002   Amending Title 27 of
               the Lincoln Municipal Code, the Zoning Code,
               by adding a new section numbered 27.03.417 to
               provide the definition of "market garden";
               amending Sections 27.07.040 and 27.09.040 to
               add market gardens as a permitted special use
               in the AG and AGR zoning districts,
               respectively; amending Section 27.63.680 to
               add market gardens as an exception to a
               licensed premises100-foot spacing requirement
               from a residential district; adding a new
               section numbered 27.63.820 to provide
               conditions for approval for market gardens as
               a permitted special use and to allow certain
               accessory uses to market gardens, including
               the sale of alcoholic beverages for
               consumption on the premises; and amending
               Section 27.67.040 to provide parking
               requirements for farm wineries and market
               gardens.
               Fact Sheet (92K)

11)  12-35     An ordinance adopting the supplements to the
               Lincoln Municipal Code dated June 2011 and
               December 2011 as part of the official Lincoln
               Municipal Code.
               Fact Sheet (15K)


PUBLIC HEARING - RESOLUTIONS

12)  12R-57    Authorizing and supporting the application to the
               Transporation Enhancement Program of the State of
               Nebraska Department of Roads to assist with
               funding the construction of the Stonebridge Trail
               connecting the North 14th Street Trail at 14th and
               Humphrey with the Alvo Road Trail at 13th and Alvo
               Road. (ADOPTED, 6-0; A-86755)
               Fact Sheet (124K)
               Attachment (1933K)

13)  12R-58    Approving appropriations in the amount of
               $36,715.00 from the operation of keno lottery
               funds for various human services (round 35).
               (ADOPTED, 6-0; A-86756)
               Attachment (73K)

                  - END PUBLIC HEARING -


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

14)  12-31     Authorizing the issuance, sale and delivery
               of water revenue refunding bonds of the City
               of Lincoln, Nebraska in an amount not to
               exceed $13,000,000 to refund outstanding
               water revenue bonds of the City and related
               matters. (PASSED, 6-0; #19696)

15)  12-32     Authorizing the issuance, sale and delivery
               of sanitary sewer revenue refunding bonds of
               the City of Lincoln, Nebraska in an amount
               not to exceed $44,000,000 to refund
               outstanding sanitary sewer revenue bonds of
               the City and related matters.
               (PASSED, 6-0; #19697)

16)  12-30     Amending the pay schedule for a certain
               employee group by creating the
               classifications of "Firefighter Paramedic,"
               "Firefighter" and "Fire Apparatus Operator."
               (PASSED, 6-0; #19698)
               Fact Sheet (87K)
               Attachment (525K)

17)  12R-54    Approving Amendment No. 3 to the Woodlands at
               Yankee Hill Conditional Annexation and Zoning
               Agreement between Lewis-Starostka, Inc., 3AP-SE,
               LLC, Midwest Net Lease Investors-SE, LLC, Calruby,
               LLC, and the City of Lincoln, Nebraska to defer
               the timing of construction of the Yankee Hill Road
               Arterial Street Impact Fee Facility Improvements
               on property generally located at South 84th Street
               and Yankee Hill Road from December 31,2012 to
               December 31, 2014. (Related Items: 12R-54, 
               12-28, 12-29) (Action Date: 4/9/12)
               (ADOPTED, 6-0; A-86757)
               Attachment (228K)

18)  12-28     Annexation No. 11005 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 36 acres generally located
               southeast of the intersection of South 70th
               Street and Yankee Hill Road. (Related
               tems: 12R-54, 12-28, 12-29) (Action Date:
               4/9/12) (PASSED, 6-0; #19699)
               Fact Sheet (649K)
               Attachment (377K)

19)  12-29     Change of Zone 05068B - Application of R.C.
               Krueger Development to amend the Woodlands at
               Yankee Hill Planned Unit Development to add
               approximately 36 acres generally located
               southeast of the intersection of South 70th
               Street and Yankee Hill Road and approve a
               change of zone over said 36 acres from AG
               Agricultural District to R-3 Residential
               District under a Planned Unit Development
               designation in order to add approximately
               265,000 sq. ft. of commercial floor area
               under the Planned Unit Development.
               (Related Items: 12R-54, 12-28, 12-29)
               (Action Date: 4/9/12) (PASSED, 6-0; #19700)
               Fact Sheet (1411K)


1st Reading Ordinances & Resolutions - On the Agenda for Advance Notice Only
              Public Hearing will occur on Second Reading


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 20 THRU 25 HAD 1ST READING)

20)  12-39     Authorizing the issuance by the City of its
               general obligation Highway Allocation Fund
               Refunding Bonds, Series 2012 in an aggregate
               principal amount not to exceed $33,000,000.
               (Related Items: 12-39, 12R-66) (Action
               Date: 4/23/12)

21)  12R-66    A Resolution for the early redemption of the
               City's outstanding General Obligation Highway
               Allocation Fund Bonds, Series 2004 in the amount
               of $30,155,000. (Related Items: 12-39, 12R-66)
               (Action Date: 4/23/12)

22)  12-36     Amending Chapter 25.04 of the Lincoln
               Municipal Code, the Lincoln Mechanical code,
               by adding a new section numbered 25.04.485 to
               add a new Section 1101.11 to the
               International Mechanical Code relating to
               registration of refrigeration contractors.
               Fact Sheet (168K)

23)  12-37     Approving a Lease Agreement between the US
               Postal Service and the City of Lincoln for
               placement of one or more postal drop-off
               mailboxes in the east parking lot at Woods
               Park, generally at South 33rd Street and L
               Street.
               Fact Sheet (118K)
               Attachment (2715K)

24)  12-38     Approving a Lease Agreement between Holmes
               Lake Professional Center LLC and the City of
               Lincoln for the use of approximately 2,100
               square feet of property north of Holmes Lake
               Park at South 70th Street and Normal
               Boulevard to be used as a parking lot for a
               ten year term.
               Fact Sheet (112K)
               Attachment (631K)

25)  12-40     Amending Chapter 5.04 of the Lincoln
               Municipal Code related to Alcoholic Liquor to
               require a valid Responsible Beverage Server
               Permit or Responsible Beverage Management
               Certificate for any person selling or serving
               alcoholic liquor at retail and to delete the
               prohibition of liquor sales between 6:00 a.m.
               and noon on Sunday.
               Fact Sheet (14K)


RESOLUTIONS - 1ST READING (ITEMS 26 THRU 34 HAD 1ST READING)

26)  12R-60    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of March 16 - 31,
               2012.
               Fact Sheet (14K)
               Attachment (20K)

27)  12R-64    Authorizing the transfer of appropriations for
               expenses associated with upcoming labor
               negotiations and the PAGE/CIR case.  
               Fact Sheet (89K)

28)  12R-59    Approving a Contract Agreement between the City of
               Lincoln and TSI Incorporated for PortaCount Pro+
               Respirator Fit Testers and for calibration and
               cleaning, pursuant to Bid No. 12-061, for a three
               year term.
               Fact Sheet (133K)
               Attachment (1968K)

29)  12R-67    Approving a Contract Agreement between the City of
               Lincoln and Nebraska LabLinc for Health Department
               Laboratory Test Services, pursuant to Bid No. 
               12-062, for a three year term with the option to
               renew for one additional three year term.
               Fact Sheet (130K)
               Attachment (3503K)

30)  12R-68    Approving the Amendment to Quote 2969 Agreement
               for City Renewal between the City of Lincoln and
               Nebraska LabLinc to provide the Annual
               Requirements for Blood Chemistry Profiles for a
               two year term from May 20, 2012 through May 19,
               2014. 
               Fact Sheet (132K)
               Attachment (493K)

31)  12R-62    Authorizing a request to the State of Nebraska,
               Board of Public Roads Classifications and
               Standards, for relaxation of the Minimum Design
               Standards for bridge design loading for the North
               27th and Leighton Viaduct Project, City Project
               540023.
               Fact Sheet (13K)

32)  12R-63    Approving a Funding Agreement between the City and
               the Nebraska Dept. of Roads for the use of Federal
               Aid Bridge Replacement Funds for the Fracture
               Critical Bridge Inspection of Structure No.
               U142514300, Salt Creek Road, east leg of the Big X
               (Project No. BR-MBOS995).
               Fact Sheet (13K)
               Attachment (138K)

33)  12R-65    Approving the appropriation of $700,000 of Keno
               funds within the Parks and Recreation Department
               CIP for FY 2012-2013 for the Nebraska Centennial
               Mall Renovation Project.
               Fact Sheet (123K)

34)  12R-61    Use Permit No. 82C - Appeal of Design Data Corp.
               from the Planning Commission's conditional
               approval of the application of Bob Bennie
               Properties LLC for authority to add Medical Office
               as a permitted land use to an existing Use Permit,
               on property generally located at south 14th Street
               and Old Cheney Road.
               Fact Sheet (613K)
               Motion To Amend (6K)

 
PENDING LIST - DATE CERTAIN

35)  12-21     Change of Zone 11040 - Amending Section
               27.67.040 of the Lincoln Municipal Code
               relating to special parking requirements to
               delete special parking requirements for
               rooming and boarding houses and to revise the
               parking requirements for fraternities and
               sororities. (3/12/12 - P.H./2nd Reading
               con't. 6 wks to 4/23/12)
               Fact Sheet (491K)
               Motion To Amend (6K)


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)


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 APRIL ARE THE 9TH AND 30TH.


ADJOURNMENT  5:48 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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