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Formal Agenda


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

                           ALL MEMBERS PRESENT

      THE COUNCIL MEETINGS OF APRIL 9TH AND 30TH BEGIN AT 5:30 P.M.
     
                MAYOR'S AWARD OF EXCELLENCE FOR MARCH 2012
                   WAS PRESENTED TO SERGEANT BOB BUCHER
        ASSIGNED TO CENTRAL INVESTIGATIONS OF THE POLICE DEPARTMENT
               IN THE CATEGORY OF PRODUCTIVITY AND SAFETY

                             PUBLIC HEARING
                             CONSENT AGENDA

Anyone wishing to address an item on the Consent Agenda may do so at this time


REPORTS OF CITY OFFICERS

 1)            Resolution assessing the cost of the University
               Place Business Maintenance Improvement District
               against the benefitted properties.
               (ADOPTED, 7-0; A-86767)

 2)            Resolution assessing the cost of the North
               27th Street  Maintenance Improvement
               District against the benefitted properties.
               (ADOPTED, 7-0; A-86768)


 3)            Resolution assessing the cost of the South Street
               Business Maintenance Improvement District against
               the benefitted properties.
               (ADOPTED, 7-0; A-86769)


 4)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on April
               9, 2012. (PLACED ON FILE)



PETITIONS & COMMUNICATIONS

 5)            Black Hills Corporation, 2011 Annual Report.
               (PLACED ON FILE)

 6)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 12009- to Use
               Permit No. 117C, Horizon Business Center, approved
               by the Planning Director on April 13, 2012,
               requested by Olsson Associates, to subdivide Lot
               19 into two lots and increase the floor area from
               48,000 square feet to 61,217 square feet, on
               property generally located at S. 14th St. and
               Infinity Court.
               Administrative Amendment No. 12010- to Use
               Permit No. 132B, Willowbrook Shopping Center,
               approved by the Planning Director on April 16,
               2012, requested by Bahr Vermeer Haecker
               Architects, to add architectural design exhibits
               1.5c - 1.5e, and to revise Note E on the site plan
               stating that "All buildings shall conform to the
               architectural design criteria on attached sheets
               1.5a - 1.5e", on property generally located at S.
               70th St. and Highway 2.
               Administrative Amendment No. 12011- to Special
               Permit No. 46, Eastridge Swimming Pool, approved
               by the Planning Director on April 16, 2012,
               requested by GoodeGuy Construction, to add Note #8
               to the site plan stating that "Accessory buildings
               need not be shown on the site plan but will be
               reviewed at the time of building permit", on
               property generally located at Sunrise Rd. and
               Randolph St.                  


 7)    MISCELLANEOUS  REFERRALS - NONE 

                  - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 8)            Application of Mykhanh Restaurants LLC dba Pho
               Factory for a Class I liquor license at 940 North
               26th Street. (ADOPTED FOR APPROVAL, 7-0; A-86770)

 9)            Manager application of Khanh Thi Nguyen for
               Mykhanh Restaurants LLC dba Pho factory at 940
               North 26th Street. (ADOPTED FOR APPROVAL, 7-0;
               A-86771)

10)            Application of Nebraska CVS Pharmacy, LLC dba CVS
               Pharmacy #473 for a Class C liquor license at 1550
               South Street. (ADOPTED FOR APPROVAL, 7-0; A-86772)

11)            Manager application of Don D. Westerlin for
               Nebraska CVS Pharmacy, LLC dba CVS Pharmacy #473
               at 1550 South Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-86773)

12)            Application of Top Shelf Beverage Services, LLC
               dba Top Shelf Beverage Services for a Class CK
               liquor license at 1038 O Street. 
               (ADOPTED FOR APPROVAL, 6-0; CARROLL, COOK, EMERY,
               ESKRIDGE, HORNUNG, SCHIMEK ASSENTING;
               CAMP ABSTAINING; A-86774)

13)            Manager application of Jeremy M. Schafer for Top
               Shelf Beverage Services, LLC dba Top Shelf
               Beverage Services at 1038 O Street.
               (LOST, 3-3; EMERY, ESKRIDGE, SCHIMEK ASSENTING;
               CARROLL, COOK, HORNUNG DISSENTING;
               CAMP ABSTAINING; #38-4614)

14)            Application of Mo Chara, LLC dba Cliff's Lounge
               for a Class C liquor license at 1323 O Street.
               (Con't p.h. in one week to 4/23/12, 7-0)
               (ADOPTED FOR APPROVAL, 7-0; A-86775)

15)            Manager application of Bryan A. McFarland for Mo
               Chara, LLC dba Cliff's Lounge at 1323 O Street.
               (Con't p.h. in one week to 4/23/12, 7-0)
               (ADOPTED FOR APPROVAL, 7-0; A-86776)

16)            Application of Mo Chara, LLC dba Cliff's Martini
               Lounge for a Class C liquor license at 5310 South
               56th Street, Suite 1. (Con't p.h. in one week
               to 4/23/12, 7-0) (ADOPTED FOR APPROVAL, 7-0;
               A-86777)

17)            Manager application of Bryan A. McFarland for Mo
               Chara, LLC dba Cliff's Martini Lounge at 5310
               South 56th Street, Suite 1. (Con't p.h. in one
               week to 4/23/12, 7-0) (ADOPTED FOR APPROVAL, 7-0;
               A-86778)

18)            Application of Mo Chara, LLC dba The Watering Hole
               for a Class C liquor license at 1321 O Street.
               (Con't p.h. in one week to 4/23/12, 7-0)
               (ADOPTED FOR APPROVAL, 7-0; A-86779)

19)            Manager application of Bryan A. McFarland for Mo
               Chara, LLC dba The Watering Hole at 1321 O Street.
               (Con't p.h. in one week to 4/23/12, 7-0)
               (ADOPTED FOR APPROVAL, 7-0; A-86780)

20)            Application of Mo Chara, LLC dba The Watering Hole
               West for a Class C liquor license at 1550 S.
               Coddington Ave., Suite P. (Con't p.h. in one
               week to 4/23/12, 7-0) (ADOPTED FOR APPROVAL, 7-0;
               A-86781)

21)            Manager application of Bryan A. McFarland for Mo
               Chara, LLC dba The Watering Hole West at 1550 S.
               Coddington Ave., Suite P. (Con't p.h. in one
               week to 4/23/12, 7-0) (ADOPTED FOR APPROVAL, 7-0;
               A-86782)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 22 THRU 24 HAD SECOND READING)

22)  12-41     Miscellaneous No. 10003 - Vacating the final
               plat of Hartland's View Pointe West 1st
               Addition generally located at N.W. 56th
               Street and West Aurora Street and retaining
               certain easements therein in the name of the
               City.
               Fact Sheet (1051K)

23)  12-42     Vacation No. 12001 - Vacating multiple
               rights-of-way and alleys located in the West
               Haymarket area between L Street and U Street
               and between 2nd Street and 7th Street.
               Fact Sheet (2807K)

24)  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)
               Motion To Amend (7K)


PUBLIC HEARING - RESOLUTIONS

25)  12R-69    Approving an Amendment to Agreement for Animal
               Shelter Services between the City of Lincoln and
               the Capital Humane Society for an additional four
               year term and to amend the compensation to be paid
               for said additional term. (ADOPTED, 7-0; A-86783)
               Fact Sheet (86K)
               Attachment (99K)

26)  12R-70    Amending Resolution No. A-86641 for the use of
               public right of way along South 9th Street for an
               accessible ramp and landing to allow steps in the
               right of way rather than the ramp. 
               (ADOPTED, 7-0; A-86784)
               Fact Sheet (14K)
               Attachment (778K)

27)  12R-71    Approving an Interlocal Agreement between the City
               of Lincoln and Lancaster County for the 14th
               Street reconstruction from I-80 to Alvo Road and
               for the acquisition of right-of-way outside the
               City limits. (ADOPTED, 7-0; A-86785)
               Fact Sheet (12K)
               Attachment (1499K)

28)  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. (4/16/12 - Con't. P.H.
               w/Action to 4/23/12) (MTA#1 ADOPTED, 5-2; 
               CAMP, COOK, EMERY, HORNUNG, SCHIMEK ASSENTING; 
               CARROLL, ESKRIDGE DISSENTING; LOST AS AMENDED,
               0-7; #38-4615)
               Fact Sheet (613K)
               Motion To Amend (6K)


                  - END PUBLIC HEARING -


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

29)  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) (PASSED, 7-0; #19704)

30)  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) (ADOPTED, 7-0; A-86786)

31)  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.
               (PASSED, 7-0; #19705)
               Fact Sheet (168K)

32)  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. (PASSED, 6-0; CAMP, CARROLL, COOK, 
               ESKRIDGE, HORNUNG, SCHIMEK ASSENTING;
               EMERY ABSTAINING; #19706)
               Fact Sheet (118K)
               Attachment (2715K)

33)  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. (PASSED, 7-0; #19707)
               Fact Sheet (112K)
               Attachment (631K)

34)  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.  (P.H CON'T W/ACTION 
               IN FOUR WEEKS TO 05/21/12, 7-0)
               Fact Sheet (14K)


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)

     NONE


RESOLUTIONS - 1ST READING
(ITEMS 35 THRU 43 HAD 1ST READING)

35)  12R-72    Reappointing Justin Carlson to the Parks and
               Recreation Advisory Board for a term expiring
               April 27, 2015.

36)  12R-73    Appointing Peter Levitov to the Parks and
               Recreation Advisory Board for a term expiring
               April 27, 2015.
               Attachment (77K)

37)  12R-74    Appointing Linda Carter to the StarTran Advisory
               Board for a term expiring October 20, 2012.
               Attachment (70K)

38)  12R-75    Adopting the amended and restated ICMA Retirement
               Corporation Governmental 457 Deferred Compensation
               Plan and Trust and the amendment to said plan and
               trust allowing Roth (after-tax) deferral
               contributions.
               Fact Sheet (107K)
               Attachment (3827K)

39)  12R-76    Waiver No. 12001   Application of Christ's Place
               Church to waive the parking lot surfacing
               requirement, pursuant to Section 27.67.100(c) of
               the Lincoln Municipal Code, on property generally
               located at the southwest corner of the
               intersection of Warlick Boulevard and Old Cheney
               Road.
               Fact Sheet (598K)

40)  12R-77    Comp. Plan Conformance No. 12002   Adopting and
               approving the proposed amendments to the Nebraska
               Innovation Campus Redevelopment Plan for an area
               generally located from N. Antelope Valley Parkway
               to 27th Street, between Salt Creek and the
               Burlington Northern Santa Fe Railroad corridors to
               (1) add approximately 127 acres to the
               redevelopment plan and create two areas for
               redevelopment, the Nebraska Innovation Campus Area
               and the Theresa Street Area; (2) update the
               Redevelopment Plan to reflect changes that have
               occurred since it was approved in November 2010;
               and (3) add the Phase I NIC projects, including
               renovation of the 4-H and Industrial Arts
               Buildings with construction of a companion
               building to each and construction of two
               additional research buildings.
               Fact Sheet (716K)
               Attachment 1 (3422K)
               Attachment 2 (522K)
               Attachment 3 (382K)

41)  12R-78    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of April 1-15,
               2012.
               Fact Sheet (14K)
               Attachment (18K)

42)  12R-79    Approving the reappointment of David R. Smith and
               Ed Schneider to the Lincoln-Lancaster County Board
               of Health for terms expiring April 15, 2015.

43)  12R-80    Approving the appointment of Marcia White to the
               Lincoln-Lancaster County Board of Health for a
               term expiring April 15, 2015.
               Attachment (111K)


PENDING LIST - DATE CERTAIN 

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

44)  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)

45)  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)

46)  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)

47)  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)

48)            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)

49)  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)

50)  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)

51)  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)

52)  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  4:17 P.M.

     

                               ***
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      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.,
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                  on 5 City-TV, Cable Channel 5.
                               ****
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Internet at:
                      lincoln.ne.gov

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