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Formal Agenda


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

                       ALL MEMBERS PRESENT EXCEPT SCHIMEK

                                PUBLIC NOTICE
                AUGUST 6, 2012 - PUBLIC HEARING BUDGET SCHEDULE
          The Regular Meeting of the Council will begin at 2:30 p.m.
           Public Hearing on the 1 & 6 Year Street & Highway Program,
          The Mayor's Recommended 2012/14 Biennial  Operating Budget,
            and Capital Improvement Program for 2012/13 - 2017/2018
               immediately follows the Regular Council Meeting
                Dinner Break: 6:00 p.m. - Reconvene 6:30 p.m.

        There will be a Regular Meeting of the City Council to be held
          on Wednesday, August 8, 2012, at 3:00 p.m. to take Action
    on the Mayor's Recommended Biennial Budget and Bill Nos. 12-91, 12-93,
          12-94, 12-96, 12R-171, 12R-175, 12R-176, 12R-177, 12R-178


                              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)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on July
               16, 2012.  (PLACED ON FILE)

 2)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on July
               23, 2012.  (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 3)            Setting the hearing date of Monday, August 20,
               2012 at 5:30 p.m. for the application of Marcus
               Lincoln Hotel LLC dba Marriott Cornhusker for a
               Class CK liquor license located at 333 South
               13th Street. (ADOPTED, 6-0; A-86927)

 4)            Setting the hearing date of Monday, August 20,
               2012 at 5:30 p.m. for the application of MC Homes
               Solutions LLC dba Smooth for a Class C liquor
               license located at 1640 O Street. 
               (ADOPTED, 6-0; A-86928)

 5)            Setting the hearing date of Monday, August 20,
               2012 at 5:30 p.m. for the application of Sikarin
               LLC dba Issara for a Class CK liquor license
               located at 1701 Pine Lake Road. 
               (ADOPTED, 6-0; A-86929)


 6)    MISCELLANEOUS  REFERRALS - NONE

                  - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 7 THRU 11 HAD 2ND READING)

 7)  12-84     Amending Sections 9.20.050 and 10.14.460 of
               the Lincoln Municipal Code relating to
               Disturbing the Peace and Unnecessary Noise
               from Motor Vehicles, respectively, to
               transfer the regulation of sources of music
               in public streets, alleys, or other public
               places from Section 9.20.050, Disturbing the
               Peace, to Section 10.14.460, Unnecessary
               Noise From Motor Vehicles, to amend the
               penalty for violation of Section 9.20.050 to
               correspond to state statute and to specify
               the penalty for violation of Section 9.20.050
               in that section; and amending Section
               9.20.100 of the Lincoln Municipal Code
               relating to minimum penalties to delete a
               repetitious reference to the minimum fine for
               disturbing the peace.
               Fact Sheet (101K)

 8)  12-85     Amending Chapter 9.16 of the Lincoln
               Municipal Code relating to Offenses Against
               Public Decency by amending Section 9.16.030
               defining toxic compounds; amending Section
               9.16.035 defining paraphernalia; amending
               Section 9.16.110 relating to the unlawful use
               of toxic compounds to clarify that a toxic
               compound could be introduced into the human
               system by other means than currently set
               forth in the sections; and amending Section
               9.16.140 to  make the penalty comparable with
               state statute.
               Fact Sheet (100K)

 9)  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) (5/21/12 -
               P.H. con't to 6/4/12)  (6/4/12 - Placed on
               Indefinite Pending) (7/16/12 - Removed from
               Pending to Have P.H. on 7/30/12 w/Action on
               8/6/12) (Related Items: 12R-95, 12-48, 12-87)
               (Action Date: 8/6/12)
               Attachment (150K)
               Motion To Amend (231K)

10)  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) (5/21/12 - P.H. con't
               to 6/4/12)  (6/4/12 - Placed on Indefinite
               Pending) (7/16/12 - Removed from
               Pending to Have P.H. on 7/30/12 w/Action on
               8/6/12) (Related Items: 12R-95, 12-48,
               12-87) (Action Date: 8/6/12)
               Fact Sheet (1353K)

11)  12-87     Change of Zone 12019   Application of Sharon
               Y. Schwartz and Jeffrey T. Colson to reduce
               the Building Line District from a 125 foot
               setback to a 108 foot setback on property
               generally located at First Street and Highway
               2 in Cheney. (Related Items: 12R-95, 12-
               48, 12-87) (Action Date: 8/6/12)


PUBLIC HEARING - RESOLUTIONS

12)  12R-165   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of July 1 - 15,
               2012. (ADOPTED, 6-0; A-86930)
               Fact Sheet (14K)
               Attachment (23K)

13)  12R-168   Special Permit 11015A   Application of Kelly
               Langer to amend the special permit for Historic
               Preservation of the former St. James Evangelical
               Lutheran Church to adjust the lot width and area
               requirements to permit two-family use, on property
               generally located at 3935 Randolph Street. 
               (ADOPTED, 6-0; A-86931)
               Fact Sheet (2401K)

14)  12R-169   Approving an amendment to the Holdrege Street and
               Idylwild Drive Development and Conditional Zoning
               Agreement to modify the property restrictions
               regarding the setback on the east side of Lot 48,
               generally located at Holdrege Street and Idylwild
               Drive. (ADOPTED, 6-0; A-86932)
               Fact Sheet (13K)
               Attachment (224K)

15)  12R-166   Approving an Amendment to Bid No. 10-164 for the
               Annual Requirements of Invensys Meter Parts for
               LWS AMR Program Agreement between the City of
               Lincoln and HD Supply Waterworks to extend the
               term for one additional two-year term from August
               1, 2012 through July 31, 2014. (ADOPTED, 6-0;
               A-86933)
               Fact Sheet (122K)
               Attachment (198K)

16)  12R-167   Approving an Amendment to Bid No. 10-158 for the
               Annual Requirements of M & H Fire Hydrant Parts
               Agreement between the City of Lincoln and HD
               Supply Waterworks to extend the term for one
               additional two-year term from August 1, 2012
               through July 31, 2014. (ADOPTED, 6-0; A-86934)
               Fact Sheet (117K)
               Attachment (203K)


                  - END PUBLIC HEARING -


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

17)  12-83     Vacation No. 12003 - Vacating the north-south
               alley located one-half block west of South
               52nd Street between Prescott Avenue and
               Cooper Avenue. (PASSED, 6-0; #19748)
               Fact Sheet (1408K)


RESOLUTION - ACTION ONLY

18)  12R-150   Special Permit No. 12016 - Appeals from the
               Planning Commission's conditional approval of the
               application of Radix, Inc. for authority to
               operate a recreational facility in the AG
               Agricultural District, on property generally
               located at SW 29th Street and W
               Wittstruck Road.(7/17/12 - Joint P.H.; to have 
               Action only on 7/30/12) (MTA #1 ADOPTED, 6-0; 
               ADOPTED AS AMENDED, 6-0; A-86935)
               Motion To Amend (19K)


REQUEST OF COUNCILMAN JON CAMP TO RECONSIDER

19)            Application of Sam's West, Inc. dba Sam's Club
               #4873 for a Class D liquor license at 8480
               Andermatt Drive. (MOTION TO RECONSIDER APPROVED, 6-0; 
               ADOPTED FOR APPROVAL, 6-0; A-86936)


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 24 HAD 1ST READING)

20)  12-95     Authorizing the City of Lincoln, Nebraska to
               enter into a lease-purchase transaction with
               Union Bank and Trust Company for the
               acquisition of street lights, a telephone
               system and improvements to the City's
               Municipal Service Center.

21)  12-89     Amending the pay schedule for a certain
               employee group by adjusting the hourly pay
               range schedule and schedules of annual,
               monthly, biweekly and hourly pay range
               equivalents for employees of the City of
               Lincoln whose classifications are assigned to
               pay ranges prefixed by the letter "X" to be
               effective August 16, 2012.
               Fact Sheet (105K)
               Attachment (260K)

22)  12-90     Amending Section 2.76.365 of the Lincoln
               Municipal Code, Hours of Work, to allow
               employees with a pay range prefixed by the
               letter "X" and eligible to retire to elect a
               reduced work schedule.
               Fact Sheet (84K)

23)  12-92     Amending Section 12.08.270 of the Lincoln
               Municipal Code relating to alcoholic liquor
               prohibited in parks to allow alcoholic
               beverages to be served and consumed at Auld
               Pavilion during periods that are subject to
               an agreement between the City and a private
               business for rental of the facility and
               catering related events. 
               Fact Sheet (204K)

24)  12-97     Approving the transfer of unspent and
               unencumbered appropriations and cash (if any)
               between and eliminating appropriations within
               certain capital improvement projects within
               the Street Construction Fund, Water Fund,
               Wastewater Fund, and Solid Waste Fund for the
               Public Works & Utilities Department; within
               the Capital Projects Fund and Solid Waste
               Fund for the Parks & Recreation Department;
               and within the Capital Projects Fund for the
               Urban Development Department. 
               Fact Sheet (12K)


RESOLUTIONS - 1ST READING (ITEM 25 HAD 1ST READING) 

25)  12R-170   Misc. No. 12007   Declaring the Gateway Senior
               Living Redevelopment Area (an estimated 11 acre
               area generally bounded by O Street on the south,
               North 56th Street on the east, R Street on the
               north and North 52nd Street on the west) as
               blighted and substandard.
               Fact Sheet (313K)
               Attachment (4194K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

26)  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)

27)  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)

28)  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)

29)  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)

30)            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)

31)  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)

32)  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)

33)  12-76     Amending Section 10.34.030 of the Lincoln
               Municipal Code relating to Parking Meters:
               Deposit of Coins and Time Limits, to provide
               that no parking fee shall be charged on
               Martin Luther King Day, Presidents Day and
               Veterans Day. (6/25/12 - Placed on Pending
               - No Date Certain)
               Fact Sheet (17K)


              THE FOLLOWING ORDINANCES & RESOLUTIONS WILL HAVE 
             PUBLIC HEARING ON 8/6/12 AT 2:30 P.M. IMMEDIATELY 
                  FOLLOWING THE REGULAR COUNCIL MEETING
               (Action Dates are Indicated for Each Item)

34)  12R-174   Public hearing on the 1 & 6 Year Street & Highway
               Program, the 2012-2014 City of Lincoln Biennial
               Operating Budget and the Capital Improvement
               Program for FY 2012-2014. (To have Public
               Hearing 8/6; Action: 8/20/12)

35)  12-91     Amending Section 2.32.110 of the Lincoln
               Municipal Code relating to Lincoln Police
               Department Fees to increase the fee charged
               for a copy of an accident report from $2.00
               to $15.00. (To have Public Hearing/2nd
               Reading 8/6; Action: 8/8/12)
               Fact Sheet (98K)

36)  12-93     Amending Chapter 2.20 of the Lincoln
               Municipal Code relating to the Fire and
               Rescue Department by adding new sections
               numbered 2.20.160, 2.20.170, 2.20.180,
               2.20.190 and 2.20.200 to identify and
               establish fees for specific services
               performed by the Fire and Rescue Department.
               (To have Public Hearing/2nd Reading 8/6;
               Action: 8/8/12)
               Fact Sheet (75K)

37)   12-94    Amending Chapter 5.56 of the Lincoln
               Municipal Code relating to Emergency
               Alarm Systems by amending Section
               5.56.010 to revise and add definitions;
               amending Sections 5.56.025 and 5.56.030
               to require fire alarm businesses and
               fire alarm users, respectively, to
               obtain the permits required in this
               chapter; and amending Sections 5.56.040,
               5.56.050 and 5.56.055 to provide fees
               for false fire alarms. (To
               have Public Hearing/2nd Reading 8/6;
               Action: 8/8/12)
               Fact Sheet (75K)

38)  12-96     Amending Section 8.32.150 of the Lincoln
               Municipal Code relating to solid waste to
               increase the occupation tax on refuse haulers
               from $7.00 per ton to $9.00 per ton. (To
               have Public Hearing/2nd Reading 8/6; Action:
               8/8/12)
               Fact Sheet (12K)

39)  12-77     Amending the pay schedule for a certain
               employee group whose classifications are
               assigned to the pay range which is prefixed
               by the letter "C" by creating the
               classification of "Community Outreach
               Coordinator." (To have Public Hearing/2nd
               Reading 8/6; Action: 8/8/12)
               Fact Sheet (94K)
               Attachment (121K)

40)  12-88     Amending the pay schedule for a certain
               employee group whose classifications are
               assigned to the pay range which is prefixed
               by the letter "M" by creating the
               classification of "Equity and Diversity
               Officer." (To have Public Hearing/2nd
               Reading 8/6; Action: 8/8/12)
               Fact Sheet (85K)
               Attachment (12K)

41)   12R-171  Adopting the Fee Schedule for application
               reviews under Chapter 14.20, Title 26, and
               Title 27 of the Lincoln Municipal Code and
               amendments to the Lincoln-Lancaster County
               Comprehensive Plan to be effective October 1,
               2012. (To have Public Hearing/2nd Reading
               8/6; Action: 8/8/12)
               Fact Sheet (22K)

42)  12R-175   Adopting a revised StarTran fare structure
               effective October 1, 2012 for a Regular 31-Day
               Pass, HandiVan 31-Day Pass, Star Shuttle and
               Transfers and adopting a revised Big Red Shuttle
               fare effective August 15, 2013.  (To have
               Public Hearing/2nd Reading 8/6; Action:
               8/8/12)
               Fact Sheet (14K)

43)  12R-176   Establishing a new rate schedule for customers of
               the Lincoln Water System for purposes of covering
               the System's operational and maintenance costs
               including debt service and the costs of the
               Capital Improvements Program for FY 2012/2013 and
               FY 2013/2014. (To have Public Hearing/2nd
               Reading 8/6; Action: 8/8/12)
               Fact Sheet (15K)

44)  12R-177   Establishing a new rate schedule for customers of
               the Lincoln Wastewater System for purposes of
               covering the System's operational and maintenance
               costs including debt service and the Capital
               Improvements Program for FY 2012/2013 and FY
               2013/2014. (To have Public Hearing/2nd Reading
               8/6; Action: 8/8/12)
               Fact Sheet (15K)

45)  12R-178   Establishing a new schedule for solid waste system
               user charges for the privilege of using any public
               landfill or other waste disposal system owned by
               the City to increase revenues for purposes of
               covering operational and maintenance costs, the
               Capital Improvements Program and to help build a
               financial base for future solid waste revenue
               bonds for Capital Improvement costs, to be
               effective September 1, 2013. (To have Public
               Hearing/2nd Reading 8/6; Action: 8/8/12)
               Fact Sheet (12K)


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 JULY ARE THE 9TH AND 30TH.


ADJOURNMENT   6:16 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.

                               ****
The City Council Agenda and Action Sheet may be accessed on the
Internet at:           lincoln.ne.gov

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