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Formal Agenda


               ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                         MONDAY, MAY 7, 2012 AT 3:00 P.M.

                        ALL MEMBERS PRESENT EXCEPT EMERY

           THERE WILL BE NO MEETING THE WEEK OF MAY 28 DUE TO HOLIDAY

          OPEN MICROPHONE SESSION WILL BE MAY 14 AT 3:00 P.M. MEETING

                   PRESENTATION BY POLICE CHIEF JIM PESCHONG 
                        BYRNE JUSTICE ASSISTANCE GRANT

                               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-80    Approving the appointment of Marcia White to the
               Lincoln-Lancaster County Board of Health for a
               term expiring April 15, 2015. (4/30/12- con't
               P.H. w/Action to 5/7/12) (ADOPTED, 6-0; A-86802)
               Attachment (111K)

 2)  12R-84    Reappointing Mike McNiff, Doug Biggerstaff, Matt
               Morrissey, Mike Berry, and Roger Kreifels to the
               Gas Piping Exam Board for a term expiring April 1,
               2015. (ADOPTED, 6-0; A-86803)

 3)  12R-85    Reappointing Dan Kubr to the Building Code Board
               of Appeals for a term expiring April 1, 2015.
               (ADOPTED, 6-0; A-86804)

 4)  12R-86    Reappointing Dennis Biggerstaff to the Heating,
               Ventilating, and Cooling Board of Examiners for a
               term expiring April 4, 2015. 
               (ADOPTED, 6-0; A-86805)

 5)            Resolution levying the special taxes assessed
               for the costs of the improvements in the
               University Place Maintenance Business
               Improvement District. (ADOPTED, 6-0; A-86806)

 6)            Resolution levying the special taxes assessed for
               the costs of the improvements in the North 27th
               Street Maintenance Business Improvement District. 
               (ADOPTED, 6-0; A-86807)
               
 7)            Resolution approving the distribution of
               funds representing interest earnings on
               short-term investments of Idle Funds during
               the month ended March 31, 2012.
               (ADOPTED, 6-0; A-86808)
 
 8)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on April 23, 2012. (Placed on file)
                    

PETITIONS & COMMUNICATIONS

 9)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 12008 to Change
               of Zone No. 11024, North Hills Planned Unit
               Development, approved by the Planning Director on
               April 24, 2012, requested by Southview, Inc., to
               show a specific site plan for the apartment
               complex, add Notes 16 and 17 to adjust the front
               yard setback to 20 feet, on property generally
               located at N. 14th St. and Fletcher Ave.
               Administrative Amendment No. 12014 to Special
               Permit No. 1992A, Edenton Woods Community Unit
               Plan, approved by the Planning Director on April
               30, 2012, requested by Edenton Woods, LLC., to
               adjust the rear setback for Lots 17-19, Block 3,
               to 20 feet and to show Lots 13-16, Block 3, for
               attached single-family dwellings, and to update
               the notes accordingly, on property generally
               located near Ashbrook Dr. and Highway 2. 
     

10)    MISCELLANEOUS  REFERRALS - NONE 

                  - END CONSENT AGENDA -

     
PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


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

11)  12-45     Amending Title 11 of the Lincoln Municipal
               Code, Equal Opportunity, and Chapter 2.76 of
               the Lincoln Municipal Code, the City's
               Personnel Rules and Regulations, to prohibit
               discrimination on the basis of sexual
               orientation or gender identity.
               Fact Sheet (18K)
               Motion To Amend (9K)                                   


PUBLIC HEARING - RESOLUTIONS

     NONE

                  - END PUBLIC HEARING -


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

  NONE


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 12 THRU 16 HAD 1ST READING)

12)  12-43     Change of Zone 12003   Application of the
               Planning Director for a change of zone from
               I-1 Industrial District to P Public Use
               District, from I-1 Industrial District to O-2
               Suburban Office District, from I-1 Industrial
               District to B-4 Lincoln Center Business
               District, from I-1 Industrial District to I-2
               Industrial Park District, from H-3 Highway
               Commercial District to P Public Use District,
               and from B-4 Lincoln Center Business District
               to P Public Use District, on property located
               in the West Haymarket generally from North
               1st Street to North 7th Street and M Street
               to Y Street. (Related Items: 12-43, 12-44,
               12R-81) Action Date: 5/21/12)
               Fact Sheet (995K)

13)  12-44     Change of Zone 12004   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.(Related Items: 12-43,
               12-44, 12R-81) Action Date: 5/21/12)
               Fact Sheet (1698K)

14)  12R-81    Misc. No. 12001   Amending Chapter 3.76, Lincoln
               Downtown Design Standards, of the City of Lincoln
               Design Standards by amending Section 4.1, Site
               Development, and Section 4.2, Building Features,
               to address exterior features of projects requiring
               building permits in the Downtown.(Related
               Items: 12-43, 12-44, 12R-81) Action Date:
               5/21/12)
               Fact Sheet (20K)
               Attachment (12K)

15)  12-46     Street Name Change 12001   Renaming that
               portion of South 83rd Street which extends
               south from the intersection of South 83rd
               Street and Wendell Way, as South 83rd Bay.
               Fact Sheet (211K)

16)  12-47     Amending Chapter 12.08 of the Lincoln
               Municipal Code relating to Parks-General
               Rules and Regulations and Title 14 of the
               Lincoln Municipal Code relating to Public
               Property and Public Ways by amending Section
               12.08.010 to revise the definition of "park"
               and to add a definition for "park facility";
               amending Section 12.08.020 to include
               wheelchairs and other power-driven mobility
               devices as acceptable vehicles to operate in
               areas other than a roadway; amending Section
               12.08.070 to provide that it shall be
               unlawful for any person to occupy or be
               present in a park facility during any hours
               said park facility is not open to the public
               and to provide that the sidewalks on
               Centennial Mall shall be open twenty-four
               hours a day; amending Section 12.08.170 to
               include a prohibition against destruction at
               park facilities; amending Section 14.40.050,
               Buildings in Street Space, to prohibit the
               erection of any temporary or permanent building 
               or structure,including tents, upon any public 
               ground without a permit; amending Section 
               14.54.010, definitions relating to Occupancy 
               Above or Below Public Property  to amend the 
               definition of "structure";
               and amending Section 14.54.020 to clarify that a
               permit is required when erecting either a
               temporary or a permanent building or structure
               underneath, on, or above public ground.
               Fact Sheet (137K)


RESOLUTIONS - 1ST READING (ITEMS 17 THRU 25 HAD 1ST READING)

17)  12R-90    Declaring the official intent of the City of
               Lincoln, Nebraska to reimburse certain expenses in
               connection with the acquisition, purchase and
               installation of light poles and a new telephone
               system and improvements to the City's municipal
               service center from the proceeds of the City of
               Lincoln, Nebraska Certificates of Participation.

18)  12R-83    Approving a Contract Agreement between the City of
               Lincoln  and Fred Ehrlich to provide alfalfa bales
               for the City of Lincoln Parks Department for feed
               for the Elk and White Tail Deer for a one year
               term with the option to renew for three additional
               one year terms.
               Fact Sheet (150K)
               Attachment (1512K)

19)  12R-87    Approving a Contract Agreement between the City of
               Lincoln and Novartis Vaccines and Diagnostics,
               Inc. for the acquisition of Vaccines as needed for
               a term effective upon execution by both parties
               through June 30, 2015.
               Fact Sheet (149K)
               Attachment (5474K)

20)  12R-88    Approving a Contract Agreement between the City of
               Lincoln and 3M Company for the supply and delivery
               of Reflective Sheeting for a two year term from
               February 1, 2012 through January 31, 2014.
               Fact Sheet (158K)
               Attachment (6469K)

21)  12R-94    Approving a Contract Agreement between the City of
               Lincoln and Capital Towing, Inc. for the annual
               requirements for City of Lincoln Towing and
               Storage Services, pursuant to Bid No. 12-006, for
               a four-year term with an option to renew for one
               additional four-year term.
               Fact Sheet (183K)
               Attachment 1 (880K)
               Attachment 2 (34197K)

22)  12R-92    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of April 16 - 30,
               2012.
               Fact Sheet (14K)
               Attachment (20K)

23)  12R-82    Amending Resolution No. A-86318 to change the
               portion of the Local Government Miscellaneous
               Expenditures Policy regarding the Mayor's Award of
               Excellence, including changes to the monetary
               award from a U.S. Saving Bond to a Gift
               Certificate of the same monetary value for the
               individual and team winners of the monthly and
               annual awards.
               Fact Sheet (112K)

24)  12R-93    Approving the dedication of certain City owned
               parcels generally in Union Plaza, Trago Park,
               Government Square, Jensen Park North Addition, and
               Hollingsworth for park purposes.
               Fact Sheet (121K)
               Attachment (270K)

25)  12R-89    Comp. Plan Conformance No. 12003   Adopting and
               approving the proposed amendment to the Lincoln
               Center Redevelopment Plan which amends the
               Entertainment Center/Old Federal Building
               Redevelopment Project to add new areas, add new
               projects and to rename as "Entertainment
               Center/Old Federal Building/Retail Corridor
               Redevelopment Project" to include all rights-of-
               way for retail revitalization and
               street/streetscape improvements generally located
               between North 7th Street and North 17th Street,
               from O to Q Streets.
               Fact Sheet (1727K)
               Attachment (2211K)


PENDING LIST - DATE CERTAIN 

26)  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. (4/23/12 - P.H. con't.
               w/Action on 5/21/12)
               Fact Sheet (14K)


PENDING LIST   (EXTENDED ONE WEEK)

27)  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)

28)  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)

29)  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)

30)  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)

31)            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)

32)  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)

33)  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)

34)  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)

35)  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
     SESSION FOR THE MONTH OF MAY IS MAY 14TH.


ADJOURNMENT   10:26 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.,
          immediately following the Pre-Council Meeting
                  on 5 City-TV, Cable Channel 5.
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