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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                      MONDAY, MAY 21, 2012 AT 5:30 P.M.

                      ALL MEMBERS PRESENT EXCEPT COOK

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

                             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)             Request of Public works to set a Public Hearing
               date of Monday, June 11, 2012 at 3:00 p.m. and
               place on the formal City Council Agenda the
               following:

     12-54     To provide authority to create a Paving
               District in Gladstone from 35th to
               36th Streets and in 36th Street from
               Gladstone to Hartley Street.

     12-55     To provide authority to create and order
               constructed a special assessment district for
               an 8-inch sanitary sewer main in Almira Lane,
               approximately 925 feet west of the west
               right-of-way line of 70th Street. 
               (APPROVED, 6-0)

 2)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on May
               7, 2012 (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 3)            Setting the hearing date of Monday, June 4, 2012
               at 3:00 p.m. for the application of K & Z
               Distributing Co., Inc. dba K & Z Distributing Co.
               for a Class X liquor license located at 6301 North
               60th Street. (ADOPTED, 6-0; A-86824)

 4)            Setting the hearing date of Monday, June 11, 2012
               at 3:00 for the application of Famous Brands Group
               LLC dba Tilted Kilt for a Class I liquor license
               located at 6100 O Street, 5 Gateway Mall, Suite
               406. (ADOPTED, 6-0; A-86825)

 5)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Waiver No. 12005 approved by the Planning
               Director on May 14, 2012, requested by Olsson
               Associates, for a waiver to adjust the design
               standards to allow outdoor lighting to exceed 2.0
               vertical foot-candles at the right-of-way line
               along N. 8th St. and "R" St.


 6)    MISCELLANEOUS  REFERRALS - NONE 

                  - END CONSENT AGENDA -
          

PUBLIC HEARING
LIQUOR RESOLUTIONS

 7)            Application of Countryview Studios Inc. dba Art &
               Soul for a special designated license for an area
               measuring 60 feet by 100 to the south and east of
               the licensed premises at 5740 Hidcote Drive on May
               24, 2012 and May 31, 2012 from 6:00 p.m. to 9:00 p.m.
               (ADOPTED FOR APPROVAL, 6-0; A-86826)

 8)            Application of R&W BBQ, Inc. dba Dickey's Barbecue
               Pit for a Class A liquor license at 1226 P Street.
               (5/14/12 - Con't. P.H. to 5/21/12)
               (ADOPTED FOR APPROVAL, 6-0; A-86827)

 9)            Manager application of William R. Carter for R&W
               BBQ, Inc. dba Dickey's Barbecue Pit at 1226 P
               Street. (5/14/12 - Con't. P.H. to 5/21/12)
               (ADOPTED FOR APPROVAL, 6-0; A-86828)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 10 THRU 17 HAD 2ND READING)

10)  12R-95    Approving the First Street and Highway 2
               Development and Conditional Zoning Agreement
               between Sharon Y. Schwartz and Marlyn Schwartz,
               Jeffrey T. Colson and Lanette Colson, and the City
               of Lincoln to conditionally allow the development
               of property located at First Street and Highway 2
               (Cheney) to be limited to mini-warehousing should
               the property be re-zoned from AG Agricultural
               District and R-2 Residential District to H-3
               Highway Commercial District. (Related Items:
               12R-95, 12-48) (Action Date: 6/4/12)
               (CONTINUE P.H. 2 WEEKS TO 6/4/12)
               Attachment (150K)

11)  12-48     Change of Zone 12005 - Application of Sharon
               Schwartz and Jeffrey Colson for a Change of
               Zone from AG Agricultural District and R-2
               Residential District to H-3 Highway
               Commercial District on property generally
               located at Highway 2 and First Street
               (Cheney). (Related Items: 12R-95, 12-48)
               (Action Date: 6/4/12)
               (CONTINUE P.H. 2 WEEKS TO 6/4/12)
               Fact Sheet (1353K)

12)  12R-96    Approving the Development and Conditional Zoning
               agreement between Enterprise Company Inc., Wyuka
               Cemetery and the City of Lincoln to conditionally
               allow an existing building to be used for retail
               and other uses allowed in the B-1 District should
               the property generally located at North 35th
               Street and O Street be re-zoned from O-2 Suburban
               Office District to B-1 Local Business District.
               (Related Items: 12R-96, 12-49) (Action Date:
               6/4/12)
               Attachment (290K)

13)  12-49     Change of Zone 12006 - Application of
               Enterprise Company, Inc. for a change of zone
               from O-2 Suburban Office District to B-1
               Local Business District on property generally
               located at North 35th Street and O Street.
               (Related Items: 12R-96, 12-49) (Action
               Date: 6/4/12)
               Fact Sheet (1499K)

14)  12-50     Change of Zone 12007 - Application of Geico
               Development Inc. for a change of zone from AG
               Agricultural District to AGR Agricultural
               Residential District on property generally
               located at West Pleasant Hill Road and South
               Coddington Avenue.
               Fact Sheet (1245K)

15)  12-51     Approving the Food and Beverage Services
               Agreement for the Pinnacle Bank Arena and
               Related Facilities between the City of
               Lincoln and SMG Food and Beverage LLC dba
               SAVOR for a three year term commencing
               September 1, 2013 with the option to renew
               for one additional three year term.
               Fact Sheet (18K)
               Attachment (579K)

16)  12-52     Approving the Management Agreement for
               Pinnacle Bank Arena between the City of
               Lincoln and SMG to operate and manage the
               Pinnacle Bank Arena and other Facilities for
               a three year term commencing September 1,
               2013 with the option to renew for one
               additional three year term.
               Fact Sheet (18K)
               Attachment (2343K)

17)  12-53     Approving the First Amendment to Parking Lot
               Ground Lease between Lincoln Depot Limited
               Partnership (Lessor) and the City of Lincoln
               (Lessee) to reflect a reduction in rent due
               to the JPA's purchase of the parking lots in
               the lease.
               Fact Sheet (115K)
               Attachment (160K)


PUBLIC HEARING - RESOLUTIONS

18)  12R-91    Providing authority to assess property owners for
               the cost of snow and ice removal by the City from
               sidewalks adjacent to their property during the
               winter season of 2011 - 2012.
               (ADOPTED, 6-0; A-86829)
               Fact Sheet (12K)
               Attachment (526K)


PUBLIC HEARING
ORDINANCE - 3RD READING

19)  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) (MTA#1 ADOPTED, 5-1;
               CARROLL, EMERY, ESKRIDGE, HORNUNG,
               SCHIMEK ASSENTING; CAMP DISSENTING;
               PASSED AS AMENDED, 5-1;
               CARROLL, EMERY, ESKRIDGE, HORNUNG,
               SCHIMEK ASSENTING, CAMP DISSENTING; #19712)
               Fact Sheet (14K)
               Motion To Amend (47K)


                     - END PUBLIC HEARING -


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

20)  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)
               (PASSED, 6-0; #19713)
               Fact Sheet (995K)

21)  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)
               (PASSED, 6-0; #19714)
               Fact Sheet (1698K)

22)  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) (ADOPTED, 6-0; A-86830)
               Fact Sheet (20K)
               Attachment (12K)

23)  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.
               (PASSED, 6-0; #19715)
               Fact Sheet (211K)

24)  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. (PASSED, 6-0; #19716)
               Fact Sheet (137K)

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 25 THRU 27 HAD 1ST READING)

25)  12-58     Authorizing the issuance, sale and delivery
               of general obligation refunding bonds of the
               City of Lincoln, Nebraska to refund
               outstanding general obligation bonds of the
               City and related matters.

26)  12-56     Approving the sale of City owned surplus
               property described as the east four feet of
               Lot 14 and all of Lot 15, Sheldon and Ernst's
               Subdivision, commonly known as 2420 Vine
               Street, to Richard and Heidi Tast for a sum
               of $20,000.00.
               Fact Sheet (138K)
               Attachment (1801K)

27)  12-57     Amending Chapter 10.14 of the Lincoln
               Municipal Code, Rules of the Road, by
               amending Section 10.14.290 relating to
               careless and reckless driving to add language
               to harmonize the section with state statute
               language; adding a new section numbered
               10.14.295 to harmonize the penalty for
               violation of Section 10.14.290(b), reckless
               driving, with state statute; by amending
               Section 10.14.300 relating to willful
               negligent, careless, and reckless driving to
               delete the violations of willful negligent
               and willful careless driving and to add
               language to harmonize the section and penalty
               with state statutes.
               Fact Sheet (17K)


RESOLUTIONS - 1ST READING (ITEMS 28 THRU 34 HAD 1ST READING)

28)  12R-97    Waiver No. 12004 - Application of Katie Cloran to
               reduce the required parking for a proposed
               restaurant on property generally located at N.
               Cotner Boulevard and Fairfax Avenue.
               Fact Sheet (1465K)

29)  12R-98    Approving a Purchase Agreement between the City of
               Lincoln and Bound Tree Medical LLC for the
               purchase of Controlled Access Pharmaceutical
               dispenser Machines along with the necessary
               software, service, training, support, server
               hosting and data storage for a 36 month term
               pursuant to Bid No. 12-015.
               Fact Sheet (161K)
               Attachment (2042K)

30)  12R-99    Approving Amendments to Agreements for the Annual
               Requirements for Equipment and Accessory Rental,
               pursuant to Bid No. 09-279, between the City of
               Lincoln and Hamilton Equipment, Murphy Tractor,
               and NCS Equipment for additional two year terms.
               Fact Sheet (146K)
               Attachment (1216K)

31)  12R-100   Approving an Amendment to Agreement for the Annual
               Requirements for Liquid Injection of Biosolids,
               pursuant to Bid No. 10-056, between the City of
               Lincoln and Parker Ag Services, LLC for an
               additional two year term.
               Fact Sheet (135K)
               Attachment (374K)

32)  12R-101   Approving a Contract Agreement between the City of
               Lincoln and Tighton Tools and Fasteners for the
               annual supply of Bus Wash Detergent, pursuant to
               Quote 3891, for a two year term with the option to
               renew for one additional two year term.
               Fact Sheet (147K)
               Attachment (9549K)

33)  12R-102   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of May 1 - 15,
               2012.
               Fact Sheet (14K)
               Attachment (22K)

34)  12R-103   Approving the Nebraska Local Public Agency
               Interlocal Cooperation Act Agreement between the
               City of Lincoln and Lincoln Public Schools to
               provide a Responsible Charge Person in support of
               the federally funded project "Let's All Pedal to
               Prescott" to create a safe, secure and attractive
               bicycle court at the main entrance of Prescott
               Elementary School.
               Fact Sheet (143K)
               Attachment (694K)


PENDING LIST - DATE CERTAIN

35)  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. (5/14/12 - Con't
               P.H. to 6/4/12)
               Fact Sheet (183K)
               Attachment 1 (880K)
               Attachment 2 (34197K)
               Motion To Amend (140K)

PENDING LIST   (EXTENDED TWO WEEKS)

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
     SESSION FOR THE MONTH OF MAY IS MAY 14TH.


ADJOURNMENT   8:52 P.M.

 

                               ***
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      which is broadcast live at 3:00 p.m. every Monday and
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                  on 5 City-TV, Cable Channel 5.
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