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Formal Agenda


              ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                     MONDAY, OCTOBER 15, 2012 AT 3:00 P.M.

                            ALL MEMBERS PRESENT

           THE MEETINGS OF OCTOBER 8TH AND 29TH BEGIN AT 5:30 P.M.

         MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF SEPTEMBER, 2012
	                      WAS PRESENTED TO 
	                JOSH MEYER, ASSOCIATE ENGINEER
	            FOR THE ENGINEERING SERVICES DIVISION
	        OF THE PUBLIC WORKS AND UTILITIES DEPARTMENT
	                   IN THE CATEGORIES OF 
	        CUSTOMER RELATIONS, 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)            Setting the hearing date of Monday, November 5,
               2012 at 3:00 pm for the Board of Equalization to
               equalize the assessments for the  Downtown
               Business Improvement District, Core Business
               Improvement District Overlay & Downtown
               Maintenance District. (APPROVED, 7-0)

 2)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on
               October 1, 2012. (PLACED ON FILE) 


PETITIONS & COMMUNICATIONS

 3)            Setting the hearing date of Monday, November 5,
               2012 at 3:00 p.m. for the application of Xela,
               Inc. dba Legends Bar & Grill for a Class C liquor
               license located at 8300 Northwoods Drive.(ADOPTED,
               7-0; A-87051)

 4)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 12048 to Special
               Permit No. 1531, Cedars Home for Children,
               approved by the Planning Director on October 2,
               2012, requested by The Cedars Home for Children
               Foundation, Inc., to clarify the intent of
               paragraph 1 of Resolution #PC-00179 relating to
               the uses approved by the special permit to state
               "A residential health care facility serving no
               more than 30 persons and 5 staff, and an early
               childhood care facility for up to 15 children and
               3 staff, on property generally located near S.
               56th St and Pioneers Blvd.
               Administrative Amendment No. 12046 to Use
               Permit No. 05002, approved by the Planning
               Director on October 4, 2012, requested by
               Architectural Design Associates, to revise the lot
               line between Lots 1 and 2 and to change "building
               floor area" to "building footprint" for Northwoods
               Office Park, on property generally located at N.
               84th St. and Northwoods Dr.
               Administrative Amendment No. 12049 to Change
               of Zone No. 05068B, The Woodlands at Yankee Hill
               Planned Unit Development, approved by the Planning
               Director on October 5, 2012, requested by ESP,
               Inc., to revise the minimum building opening
               elevations for Block 37, on property generally
               located near S. 70th St. and Yankee Hill Rd. 
               Administrative Amendment No. 12052 to Pre-
               Existing Special Permit No. 41, approved by the
               Planning Director on October 5, 2012, requested by
               Whitehead Oil Co., to relocate the licensed
               premises to the new store as shown on the site
               plan, on property generally located at N. 84th St.
               and Cornhusker Hwy. 


 5)  MISCELLANEOUS  REFERRALS - NONE

                  - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 6)            Application of Grandmothers Inc. dba Don &
               Millie's for a Class I liquor license at 8150 O
               Street. (ADOPTED FOR APPROVAL, 7-0; A-87052)

 7)            Manager application of Jill R. Bucknor for
               Grandmothers Inc. dba Don & Millie's at 8150 O
               Street. (ADOPTED FOR APPROVAL, 7-0; A-87053)

 8)            Application of Katharine E. Cloran dba Gratitude
               Caf‚ & Bakery for a Class I liquor license at 1551
               North Cotner Blvd. (ADOPTED FOR APPROVAL, 7-0;
               A-87054)

 9)            Application of Crohn's & Colitis Foundation of
               America (CCFA) for a special designated license to
               cover an area measuring approximately 30 feet by
               100 feet in 21st Street between P and Q Street on
               October 27, 2012, from 2:00 p.m. to 7:30 p.m.
               (WITHDRAWN, 7-0; #38-4626)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 10 & 11 HAD 2ND READING)

10)  12-133    Vacation No. 11012 - Vacating North 44th Street
               from the south lot line of Lot 68 I.T. to the
               north line of Morton Street, generally located at
               North 44th Street and Superior Street.
               Fact Sheet (418K)

11)  12-134    Approving a Land Exchange Agreement between the
               City of Lincoln and Eighth & T, LLC, pertaining to
               the West Haymarket Arena Project and construction
               of the 10th Street and Salt Creek Street
               Improvement Project.
               Fact Sheet (91K)
               Attachment (1416K)
	       Motion to Amend (2211K)

PUBLIC HEARING - RESOLUTIONS

12)  12R-247   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of September 16 -
               30, 2012. (ADOPTED, 7-0; A-87055)
               Fact Sheet (10K)
               Attachment (22K)


                  - END PUBLIC HEARING -


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

13)  12-129    Amending Chapter 2.76 of the Lincoln Municipal
               Code relating to the City's Personnel System by
               adding a new section numbered 2.76.292 to regulate
               fundraising activities of city employees. 
               (10/8/12 - Action Delayed 1 wk to 10/15/12)
               (PASSED, 7-0; #19793)
               Fact Sheet (14K)

                   
14)  12-131    Amending the pay schedule for a certain employee
               group whose classifications are assigned to the
               pay range which is prefixed by the letter "N" by
               creating the classification of "Fire Air
               Technician." (PASSED, 7-0; #19794)
               Fact Sheet (149K)
               Attachment (19K)

15)  12-132    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 "E" to be
               effective August 16, 2012. (PASSED, 7-0; #19795)
               Fact Sheet (151K)
               Attachment (265K)


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 
16 THRU 19 HAD 1ST READING)

16)  12-135    Vacation No. 12006 - Vacating the east-west alley
               between North 11th Street and North 12th Street
               and Lincoln Mall and K Street.(Related: 12-135,
               12R-248, 12-136, 12R-249) (Action Date:
               10/29/12)
               Fact Sheet (545K)

17)  12R-248   Approving the 3 Landmark Centre Redevelopment
               Agreement between the City and NEBCO, Inc.
               relating to the redevelopment of property
               generally located between 11th and 12th Streets
               and K Street Centennial Mall. (Related:
               12-135, 12R-248, 12-136, 12R-249) (Action Date:
               10/29/12)
               Attachment (1373K)

18)  12-136    Authorizing the issuance of tax allocation bonds
               with a total not to exceed $2.2 million for the
               City of Lincoln, 3 Landmark Centre Redevelopment
               Project. (Related: 12-135, 12R-248, 12-136,
               12R-249) (Action Date: 10/29/12)

19)  12R-249   Amending the FY 12/13 CIP to authorize and
               appropriate $2.2 million in TIF funds for the 3
               Landmark Centre Redevelopment Project generally
               located between 11th and 12th Street, K Street and
               Centennial Mall.(Related: 12-135, 12R-248, 
               12-136, 12R-249) (Action Date: 10/29/12)


RESOLUTIONS - 1ST READING (ITEMS 20 & 21 HAD 1ST READING)

20)  12R-250   Appointing Leo C. Benes to the Alarm Review Board
               for a term expiring July 1, 2013.
               Attachment (70K)

21)  12R-251   Re-adopting the Water System Impact Fee Schedule,
               Water Distribution Impact Fee Schedule, Wastewater
               Impact Fee Schedule, Arterial Street Impact Fee
               Schedule, and Neighborhood Park and Trail Impact
               Fee Schedule without any adjustment for inflation
               for 2013.
               Fact Sheet (17K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST

22)  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)

23)  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)

24)  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)

25)  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)

26)            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)

27)  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)

28)  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)

29)  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)

30)  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. (8/6/12 - To have
               2nd Reading/P.H. on 9/10/12)
               (9/10/12 - Placed on Indefinite Pending)
               Fact Sheet (204K)

31)  12R-194   Approving an amendment to the Interlocal Agreement
               between the City of Lincoln and Lancaster County
               for a Communications Center to continue to serve
               the communications needs of the Lincoln Police
               Department, Lincoln Fire & Rescue, Lancaster
               County Sheriff's Office, and those rural Fire/EMS
               agencies with membership in the Lancaster County
               Mutual Aid Association. (8/20/12 - P.H. con't
               to 9/10/12) (9/10/12 - con't P.H. to 9/17/12)
               (9/17/12 - P.H. con't to 9/24/12) (9/24/12 - con't
               P.H. to 10/8/12) (10/8/12 - Indefinite Pending
               w/con't future P.H.)
               Fact Sheet (102K)
               Attachment (161K)


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 OCTOBER ARE THE 8TH AND 29TH.


ADJOURNMENT     3:31 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.
                              ****
  The City Council Agenda and Action Sheet may be accessed on the
                          Internet at:
                         lincoln.ne.gov
                              

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