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Formal Agenda


                ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                      MONDAY, NOVEMBER 19, 2012 AT 5:30 P.M.

                               ALL MEMBERS PRESENT

                     PUBLIC NOTICE OF VACANCY OF COUNCIL SEAT
                      APPROVED REQUEST TO WAIVE COUNCIL RULES
	              TO CONFORM WITH STATE LAW TIMELINE, 6-0

                              ELECTION OF VICE CHAIR
                       JON CAMP WAS ELECTED VICE CHAIR, 6-0

             THERE WILL BE NO MEETINGS THE WEEKS OF NOVEMBER 12 AND 26

                                  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-266   Appointing Douglas McDaniel to the Lincoln-
               Lancaster County EMS Oversight Authority Board for
               a term expiring September 1, 2015.
               (ADOPTED, 6-0; A-87088)
               Attachment (72K)

 2)            Resolution assessing special taxes for the costs
               of the improvements in the Downtown Business
               Improvement District, the Core Business
               Improvement District Overlay and the Downtown
               Maintenance District.(ADOPTED, 6-0; A-87089)

 3)            Resolution setting the public hearing date of
               Monday, December 10, 2012 at 3:00 p.m. on the
               assessment of the cost of weed removal incurred
               for the period of January 1, 2012, through
               December 31, 2012. (ADOPTED, 6-0; A-87090)

 4)            Report of Settlement Agreement under Neb. Rev.
               Stat. §84-713 (non tort claim).
               (PLACED ON FILE)

 5)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on
               October 29, 2012. (PLACED ON FILE)

 6)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on
               November 5, 2012. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 7)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Waiver No. 11007 approved by the Planning
               Director on November 8, 2012 requested by Steven
               Knobel to extend the time for two years until
               November 8, 2014 to install sidewalks and street
               trees for North Creek Business Park 1st Addition
               generally located at Fletcher Avenue and North
               14th Street. 
               Administrative Amendment No. 12034 to
               Special Permit No. 1992A, Edenton Woods Community
               Unit Plan, approved by the Planning Director on
               November 2, 2012 requested by CaseyCo to revise
               the site plan by reducing the number of lots at
               the end of Camella Court by one and showing the
               five lots surrounding the cul-de-sac bulb to be
               developed with detached single-family dwellings on
               property generally located near Ashbrook Drive and
               Highway 2. 
               Administrative Amendment No. 12054 to
               Special Permit No. 05002, Foreman Ridge Addition
               Community Unit Plan, approved by the Planning
               Director on November 2, 2012 requested by Michael
               and Makayla Zoerb to revise the outlot and lot
               layout on one lot and to reduce the front yard
               setback from 40 feet to 35 feet along several
               "Future Roadway"s (cul-de-sacs) in the "build
               through" site plan on property generally located
               at SW 12th Street and West Denton Road.


 8)  MISCELLANEOUS  REFERRALS - NONE

                      - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

 9)            Application of Herberg LLC dba Staybridge Suites
               for a Class I liquor license at 1501 North 86th
               Street. (ADOPTED FOR APPROVAL, 6-0; A-87091)

10)            Manager application of John E. Klimpel for Herberg
               LLC dba Staybridge Suites at 1501 North 86th
               Street. (ADOPTED FOR APPROVAL, 6-0; A-87092)

11)            Application of Red Herring Concepts LLC dba
               Leadbelly for a Class CK liquor license at 301
               North 8th Street, Suite 100. (ADOPTED FOR APPROVAL,
               6-0; A-87093)

12)            Manager application of Michael J. Martin for Red
               Herring Concepts LLC dba Leadbelly at 301 North
               8th Street, Suite 100. (ADOPTED FOR APPROVAL,
               6-0; A-87094)

13)            Application of Nebraska CVS Pharmacy, LLC dba CVS
               Pharmacy #4033 for a Class C liquor license at
               5611 South 27th Street. (ADOPTED FOR APPROVAL,
               6-0; A-87095)

14)            Application of Kevin M. Merfeld for Nebraska CVS
               Pharmacy, LLC dba CVS Pharmacy #4033 at 5611 South
               27th Street. (ADOPTED FOR APPROVAL, 6-0; A-87096)

15)            Application of HH Investments, LLC dba North Star
               Express for a Class D liquor license at 5700 North
               33rd Street. (ADOPTED FOR APPROVAL, 6-0; A-87097)

16)            Manager application of Marc D. Hausmann for HH
               Investments, LLC dba North Star Express at 5700
               North 33rd Street. (ADOPTED FOR APPROVAL, 6-0;
               A-87098)

17)            Application of Xela, Inc. dba Legends Bar and
               Grill for a Class C liquor license at 8300
               Northwoods Drive. (11/5/12 - Delayed 2 wks
               w/con't P.H. on 11/19/12)(ADOPTED FOR APPROVAL,
               6-0; A-87099)

18)            Manager application of Jason Von Kaenel for Xela,
               Inc. dba Legends Bar and Grill at 8300 Northwoods
               Drive. (11/5/12 - Delayed 2 wks w/con't P.H. on
               11/19/12) (ADOPTED FOR APPROVAL, 6-0; A-87100)


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

     NONE


PUBLIC HEARING - RESOLUTIONS

19)  12R-264   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of October 16-31,
               2012. (ADOPTED, 6-0; A-87101)
               Fact Sheet (10K)
               Attachment (23K)

20)  12R-265   Approving an Agreement between the City of Lincoln
               and Cornhusker Place of Lincoln-Lancaster County,
               Inc. for the provision of protective custody
               services for those individuals with alcohol and
               drug abuse problems and for space for the Lincoln
               Police Department to conduct chemical testing and
               related services for a three-year term from
               October 1, 2013 through September 30, 2016.
               (ADOPTED, 6-0; A-87102)
               Fact Sheet (12K)
               Attachment (568K)

21)  12R-268   Approving the selection of Pavers Companies as
               lowest bidder and authorizing execution of the
               construction contract between the City and the
               Nebraska Dept. of Roads for the use of Federal
               Transportation Program funds for Project No.
               LCLC-5228(4), Lincoln Citywide Resurfacing
               Project. (ADOPTED, 6-0; A-87103)
               Fact Sheet (18K)
               Attachment (718K)

22)  12R-269   Approving the selection of United Contractors Inc.
               as lowest bidder and authorizing execution of the
               construction contract between the City and the
               Nebraska Dept. of Roads for the use of Federal
               Transportation Program funds for Project No. STPN-
               BRR-TMT-5267(1), SW 40th Street viaduct project.
               (ADOPTED, 6-0; A-87104)
               Fact Sheet (13K)
               Attachment (1769K)

23)  12R-270   Approving the selection of United Contractors Inc.
               as lowest bidder and authorizing execution of the
               construction contract between the City and the
               Nebraska Dept. of Roads for the use of Federal
               Transportation Program funds for Project No. LCLC-
               5231(13), 27th Street viaduct repair project.
               (ADOPTED, 6-0; A-87105)
               Fact Sheet (13K)
               Attachment (428K)

24)  12R-267   Adopting the LES Rate Schedules providing for a
               system average rate increase of 2.6%, effective
               January 1, 2013. (Action date: 12/3/12)
               Fact Sheet (159K)
               Attachment (2475K)

25)  12R-271   Adopting the Lincoln Electric System Annual Budget
               for 2013, to become effective January 1, 2013.
               (Action date: 12/3/12)
               Attachment (785K)

                      - END PUBLIC HEARING -


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

26)  12-138    Comp. Plan Conformance 12015 - Declaring two
               parcels of property consisting of approximately
               1.52 acres generally located south of Line Drive
               between North 3rd Street and North 7th Street as
               surplus property. (PASSED, 6-0; #19801)
               Fact Sheet (342K)

27)  12-139    Amending Section 2.76.155 of the Lincoln Municipal
               Code relating to longevity pay to delete longevity
               pay paid to employees in pay ranges prefixed by
               "E" who reach five years of service after August
               15, 2012. (PASSED, 6-0; #19802)
               Fact Sheet (125K)

28)  12-140    Amending Section 2.76.380 of the Lincoln Municipal
               Code relating to Sick Leave with Pay to add
               language to clarify the payout provisions upon
               retirement, death, or reduction in force for
               employees in pay ranges prefixed by "A" and "C"
               and to add language relating to sick leave payout
               upon resignation for unrepresented employees in
               pay ranges prefixed by "E." (PASSED, 6-0;
               #19803)
               Fact Sheet (130K)

29)  12-141    Amending Chapter 3.24 of the Lincoln Municipal
               Code relating to occupation taxes by amending
               §3.24.080 to eliminate the application of the
               telecommunication occupation tax to
               telecommunication equipment and certain
               telecommunication services; and, to clarify that
               the telecommunication occupation tax continues to
               apply to private communication services; amending
               §3.24.100 to require companies to report
               telecommunication services revenues by categories;
               and, amending §3.24.150 to remove the
               references to the Finance Department providing
               written interpretations of the applicability of
               the telecommunication occupation tax.
               (PASSED, 6-0; #19804)
               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) (ITEMS 30
THRU 37 HAD 1ST READING)

30)  12-142    Annexation No. 12004 -  Amending the Lincoln
               Corporate Limits Map by annexing approximately 4.6
               acres generally located at South 84th Street and
               Amber Hill Road. (Related Items: 12-142,
               12-143, 12R-281) (Action Date: 12/10/12)
               Fact Sheet (1836K)
               Attachment (577K)

31)  12-143    Change of Zone 12027 - Application of Fox Hollow,
               LLC, for a change of zone from AGR Agriculture
               Residential District to R-3 Residential District
               on property generally located at South 84th Street
               and Amber Hill Road. (Related Items: 12-142,
               12-143, 12R-281) (Action Date: 12/10/12)
               Fact Sheet (1881K)

32)  12R-281   Special Permit No. 06001B - Appeal of Russ
               Kromberg from the Planning Commission approval of
               an amendment to the Grand Terrace Community Unit
               Plan to add 4.6 acres and up to 31 additional
               dwelling units, with a waiver of the Design
               Standards for cul-de-sac bulb radius from 43.5' to
               30' on property generally located at South 84th
               Street and Amber Hill Road.  (Related Items:
               12-142, 12-143, 12R-281) (Action Date: 12/10/12)
               Fact Sheet (2467K)

33)  12-144    Comp. Plan Conformance 12012 - Declaring
               approximately 0.15 acres of property generally
               located southeast of North 20th Street and O
               Street, 0.59 acres of property generally located
               northeast of South 20th Street and N Street, and
               0.23 acres of property generally located northwest
               of South 21st Street and M Street as surplus
               property.
               Fact Sheet (1312K)

34)  12-145    Vacation 12008 - Vacating a portion of South 38th
               Street right-of-way, generally located at South
               38th Street and South Street.
               Fact Sheet (1005K)

35)  12-146    Ratifying an Ordinance to vacate T, U and V
               Streets between 8th and 9th Streets in the City of
               Lincoln, the alley extending through and into
               Blocks 18, 9, and 6 in Original Lincoln and Block
               14 in North Lincoln, and the unnamed right-of-way
               between 8th and 9th Streets lying between what was
               originally platted as Block 14 of North Lincoln
               and Block 6 of Original Lincoln which was passed
               February 15, 1886 and republished in the general
               revised and consolidated ordinance of the City of
               Lincoln, being Ordinance No. 623, which was
               printed and published in book and pamphlet form in
               the City of Lincoln in pursuance of the provisions
               of the statutes of the State of Nebraska and the
               ordinance of the City of Lincoln, and by order and
               under the authority of the Mayor and City Council
               of the City of Lincoln.
               Fact Sheet (16K)

36)  12-147    Approving a License Agreement for Parking between
               the City of Lincoln and the Community Health
               Endowment designating four parking spaces in the
               Union Plaza parking lot, generally located north
               of North 21st Street and Q Street, for use by the
               Community Health Endowment.
               Fact Sheet (128K)
               Attachment (350K)

37)  12-149    Amending Lincoln Municipal Code  2.02.050, 2.02.120 
               and 2.02.065 to transfer the responsibility and 
               management of the Emergency Communication Center from
               the Finance Department to the Police Department; 
               and by amending Lincoln Municipal Code 2.02.065 
               to make the Public Safety Director a permanent
               position. (Related Items 12-149, 12R-194) 
               Fact Sheet (12K)


RESOLUTIONS - 1ST READING (ITEMS 38 THRU 46 HAD 1ST READING)

38)  12R-272   Approving an Amendment to the Agreement between
               the City of Lincoln on behalf of the Lincoln-
               Lancaster County Health Department and the
               Nebraska Department of Environmental Quality for
               the Health Department's Air Quality Program 105
               Workplan to extend the term until December 31,
               2012.
               Fact Sheet (84K)
               Attachment (76K)

39)  12R-276   Approving a Contract Agreement between the City of
               Lincoln, Lancaster County, and Lincoln-Lancaster
               County Public Building Commission and Cellco
               Partnership d/b/a Verizon Wireless for Wireless
               Voice Service, Wireless Broadband Service,
               Accessories and Equipment pursuant to State of
               Nebraska Contract Number 53233 04 for a four year
               term.
               Fact Sheet (148K)
               Attachment (4782K)

40)  12R-277   Approving the Amendment to each of the Agreements
               for the annual requirements for In-Home Supportive
               Services for the Elderly, pursuant to Bid No. 10-
               181, between the City of Lincoln and Tabitha Home
               Care Specialties, the City of Lincoln and Arcadia
               Health Care, and the City of Lincoln and Elite
               Professionals Home Care Company for additional two
               year terms.
               Fact Sheet (120K)
               Attachment (3110K)

41)  12R-278   Approving a Contract Agreement between the City of
               Lincoln and Pepsi-Cola of Lincoln for the annual
               requirements for City of Lincoln Beverage and
               Snack Vending Services, pursuant to RFP Bid No.
               12-183 for a five year term with an option to
               renew for one additional five year term.
               Fact Sheet (162K)
               Attachment (6464K)

42)  12R-279   Approving a Contract Agreement between the City of
               Lincoln and Houck Transit Advertising for the
               annual requirements for Transit Advertising
               Services, pursuant to RFP No. 12-237 for a five
               year term.
               Fact Sheet (192K)
               Attachment (6304K)

43)  12R-273   Approving a Preliminary Engineering and National
               Environmental Policy Act Services Agreement
               between the City of Lincoln and the Schemmer
               Associates to establish various duties and funding
               responsibilities for a Federal Aid Project for
               City Project No. 702671, a Safety Project at North
               14th Street and the eastbound off-ramp to U.S.
               Highway 6. 
               Fact Sheet (13K)
               Attachment (3410K)

     
44)  12R-275   Approving a Preliminary Engineering Services
               Agreement between the City of Lincoln and the
               Schemmer Associates to establish various duties
               and funding responsibilities for a Federal Aid
               Project for the Lincoln Stonebridge Trail Project,
               NDOR No. ENH-55(177), Control No. 13213, generally
               located near 14th Street and Alvo Road. 
               Fact Sheet (99K)
               Attachment (2269K)

45)  12R-274   Waiver No. 12020 - Appeal of Marc Schniederjans on
               behalf of Hamann Meadows Townhomes, LLC from the
               Planning Commission denial of their request to
               waive the requirement of §26.23.125 of the
               Land Subdivision Ordinance for pedestrian way
               associated with a block length in excess of 1,000
               feet on property generally located between Crystal
               Court and Diamond Court approximately one block
               northeast of the intersection of Pioneers Blvd.
               and South 76th Street.
               Fact Sheet (3698K)

46)  12R-280   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of November 1 -
               15, 2012.
               Fact Sheet (10K)
               Attachment (24K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST   (SEE ITEM #56, BILL NO. 12R-194)

47)  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)

48)  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)

49)  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)

50)  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)

51)            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)

52)  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)

53)  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)

54)  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)

55)  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)

56)  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.) (Request to remove from Pending for 
               Public Hearing on 12/3/12)(Related Items: 
               12-149, 12R-194)
               (REMOVED FROM PENDING FOR P.H. ON 12/3/12, 6-0)
               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. THERE WILL ONLY BE
     ONE OPEN MICROPHONE SESSION FOR THE MONTH OF NOVEMBER WHICH
     IS NOVEMBER 19TH AT 5:30 P.M.


ADJOURNMENT   7:11 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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