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Formal Agenda


            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, APRIL 22, 2013 AT 3:00 P.M.

                    ALL MEMBERS PRESENT EXCEPT CAMP

          THE MEETINGS OF APRIL 8TH AND 29TH BEGIN AT 5:30 P.M.
           OPEN MICROPHONE SESSIONS WILL BE HELD ON EACH DATE

                   PROFESSOR GORDON SCHOLZ PRESENTED
                     COUNCIL MEMBER EUGENE CARROLL
                 WITH THE 2012 ELECTED OFFICIAL AWARD
           FROM THE NEBRASKA PLANNING & ZONING ASSOCIATION
                FOR PROMOTING SOUND PLANNING & ZONING

        THE MAYOR'S ANNUAL AWARD OF EXCELLENCE FOR THE YEAR 2012
      WAS PRESENTED TO BEAU WOLFE, PUBLIC INFORMATION SPECIALIST II
      FOR THE CITIZEN INFORMATION CENTER OF THE MAYOR'S DEPARTMENT
          IN THE CATEGORIES OF PUBLIC RELATIONS & PRODUCTIVITY

                THE 2012 HONORABLE MENTION WAS PRESENTED TO
             LINDA FLAHERTY, EMERGENCY SERVICE DISPATCHER II
      FOR THE 911 COMMUNICATIONS DIVISION OF THE POLICE DEPARTMENT
                IN THE CATEGORIES OF SAFETY & VALOR

                            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)            Affidavit of Mailing for Board of Equalization -
               South Street Business Improvement District. 
               (PLACED ON FILE)

 2)            Affidavit of Mailing for Board of Equalization -
               North 27th Street Business Improvement District. 
               (PLACED ON FILE)

 3)            Affidavit of Mailing for Board of Equalization -
               University Place Business Improvement District. 
               (PLACED ON FILE)

 4)            Affidavit of Mailing for Board of Equalization -
               Havelock Business Improvement District.
               (PLACED ON FILE)

 5)            Request of Public Works to set the Hearing Date of
               Monday, May 6, 2013, at 3:00 p.m. & place on the
               formal City Council Agenda the following:
               13-57     Create & order constructed a 6" water
                         main in Dudley St. From 50th St. to 51st
                         St., and assess the cost thereof against
                         the benefitted properties. (APPROVED, 6-0)

 6)            Annual Report for the year 2012 prepared by City
               Law Department dated April, 2013.  (PLACED ON FILE)

 7)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on April
               8, 2013.  (PLACED ON FILE)

 8)            Clerk's Letter and Mayor's Approval of Ordinance
               Nos. 19867 & 19868 passed by the City Council on
               April 15, 2013.  (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 9)            Setting the hearing date of Monday, May 6, 2013 at
               3:00 p.m. for the application of JSD, LLC dba
               Huskerville Pizza & Pub for a Class C liquor
               license located at 2805 NW 49th Street.
               (ADOPTED, 6-0; A-87297)

10)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 13015 to
               Special Permit No. 674, Coddington Heights
               Community Unit Plan, approved by the Planning
               Director on April 10, 2013 requested by Sinda Dux
               to decrease the rear yard setback from 20 feet to
               5 feet next to common open space on property
               located at 2301 SW 18th Street. 

11)            REFERRALS TO THE PLANNING DEPARTMENT:
               Change of Zone No. 13005 - App. of
               BargnBarn to designate the Lincoln Air Force Base
               (LAFB) Remote Facility as a Historic Landmark on
               property generally located at NW 84th Street and
               West Adams Street (6901 West Adams Street).
               Special Permit No. 13013 - App. of
               BargnBarn for historic preservation for use of a
               landmark property as a commercial business on
               property generally located at NW 84th Street and
               West Adams Street.
               Change of Zone No. 13007 - App. of William
               and Marcia Thornton to designate the Conrad A.
               Schaaf House as a Historic Landmark on property
               generally located at South18th Street and H Street
               (659 South 18th Street).
               Special Permit No. 13015 - App. of William
               and Marcia Thornton for historic preservation for
               use of a landmark property as a neighborhood
               meeting facility on property generally located at
               South 18th Street and H Street (659 South 18th
               Street).


12)    MISCELLANEOUS REFERRALS - NONE

                        - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

13)            Application of Wal-Mart Stores, Inc. dba Wal-Mart
               Store #2432 for a Class D liquor license at 2501
               Grainger Parkway. (ADOPTED FOR APPROVAL, 6-0; 
               A-87298)

14)            Manager application of Alan A. Matulka for Wal-Mart 
               Stores, Inc. dba Wal-Mart Store #2432 at 2501
               Grainger Parkway.  (ADOPTED FOR APPROVAL, 6-0; 
               A-87299)

15)            Application of Doan Trang T. Trinh dba House of
               Hunan for a Class I liquor license at 5601 South
               56th Street. (ADOPTED FOR APPROVAL, 6-0; 
               A-87300)

16)            Application of Chatters LLC dba Rich Bar & Lounge
               for a Class C liquor license at 1640 O Street,
               Suite 3. (ADOPTED FOR APPROVAL, 6-0; A-87301)

17)            Manager application of Lawrence J. Chatters for
               Chatters LLC dba Rich Bar & Lounge at 1640 O
               Street, Suite 3. (ADOPTED FOR APPROVAL, 6-0; 
               A-87302)

18)            Application of Dempsey's Lincoln Inc. dba
               Dempsey's Burger Pub for a Class C liquor license
               at 228 North 12th Street. (ADOPTED FOR APPROVAL, 6-0; 
               A-87303)

19)            Manager application of Paul R. Tuttle for
               Dempsey's Lincoln Inc. dba Dempsey's Burger Pub at
               228 North 12th Street. (ADOPTED FOR APPROVAL, 6-0; 
               A-87304)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 20 
& 21 HAD 2ND READING)

20)  13-53     Creating and ordering constructed Paving
               District No. 2632 generally in that
               portion of 1st Street lying between P and Q
               Streets and Q Street between 1st and 2nd
               Street.
               Fact Sheet (13K)
               Attachment (3013K)

21)  13-54     Authorizing the issuance of City of Lincoln
               tax allocation bonds for public improvements
               and infrastructure in the Gateway Senior
               Living Center Project.
               Fact Sheet (14K)


PUBLIC HEARING - RESOLUTIONS

22)  13R-82    Approving the selection of Constructors 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. HSIP-5254(8), 
               Superior Street and I-180 East Ramp Safety Project.
               (ADOPTED, 6-0; A-87305)
               Fact Sheet (13K)

                      - END PUBLIC HEARING -


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

23)  13-52     Amending the pay schedule for a certain
               employee group whose classifications are
               assigned to the pay range which is prefixed
               by the letter "A" by changing the pay range
               of the classification of "Systems Software
               Integrator." (PASSED, 6-0; #19871)
               Fact Sheet (80K)

RESOLUTION - FOR ACTION ONLY

24)  13R-79C   Accepting the report of new and pending claims 
               against the City and approving disposition of claims 
               set forth for the period of March 16 - 31, 2013.
               (4/15/13 - Action Delayed to 4/22/13 on claim of
               Linh Ba Nicolas Nguyen) (RULES SUSPENDED TO HAVE P.H. PRIOR
               TO CONSENT AGENDA W/ACTION ON THIS DATE, 6-0; ADOPTED, 6-0;
               A-87306)


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 
& 26 HAD 1ST READING)

25)  13-55     Amending Title 5 of the Lincoln Municipal
               Code relating to Licenses and Regulations by
               adding a new Chapter 5.21, Entertainment
               Districts, and amending Chapter 5.04,
               Alcoholic Liquor, to regulate the sale,
               service and consumption of alcoholic liquor
               in commons areas.
               Fact Sheet (8K)

26)  13-56     Amending Title 9 of the Lincoln Municipal
               Code relating to Public Peace and Welfare to
               add a new Chapter 9.30 entitled "Donation
               Boxes" by adding Section 9.30.010 to set
               forth definitions used in this chapter;
               adding Section 9.30.020 to set forth the
               Legislative Intent of the Council; adding
               Section 9.30.030 to prohibit Donation Boxes
               for other than charitable purposes; adding
               Section 9.30.040 to provide for issuance of
               Donation Box Permits; adding Section 9.30.050
               to provide for enforcement of this chapter;
               adding Section 9.30.060 to provide
               exemptions for donation boxes on property
               owned by a charitable organization; and
               adding Section 9.30.070 to provide for
               severability of the provisions of this
               chapter.
               Fact Sheet (12K)


RESOLUTIONS - 1ST READING (ITEMS 27 THRU 37 HAD 1ST READING)

27)  13R-83    Appointing Dr. Nathan Haecker to the Lincoln-
               Lancaster County Board of Health for a term
               expiring April 15, 2016.
               Attachment (106K)

28)  13R-84    Reappointing Dr. Karla K. Lester and Dr. Heidi
               Stark to the Lincoln-Lancaster County Board of
               Health for terms expiring April 15, 2016.

29)  13R-85    Reappointing Ronald Geary to the Heating,
               Ventilating & Cooling Examiners Board for a term
               expiring April 4, 2016.

30)  13R-86    Reappointing Bob Ripley and Joe Tidball to the
               Parks & Recreation Advisory Board for terms
               expiring April 27, 2016.

31)  13R-87    Reappointing Cleome Mullison to the Parks &
               Recreation Advisory Board for a term expiring June
               1, 2014.

32)  13R-88    Appointing Annette McRoy to the Board of Zoning
               Appeals for a term expiring February 1, 2018.
               Attachment (98K)

33)  13R-89    Appointing Dave Johnson to the Building Code Board
               of Appeals for a term expiring April 1, 2016.
               Attachment (96K)

34)  13R-90    Reappointing Craig Gies to the Building Code Board
               of Appeals for a term expiring April 1, 2016.

35)  13R-91    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of April 1-15,
               2013.
               Fact Sheet (7K)
               Attachment (24K)

36)  13R-92    Approving an Interlocal Agreement between the City
               of Lincoln and Lancaster County School District
               001 to provide for maintenance and other
               obligations for Heritage School located near the
               Nature Center in Pioneers Park.
               Fact Sheet (47K)
               Attachment (339K)

37)  13R-93    Approving a Construction Engineering Services
               Agreement between the City of Lincoln and the
               Nebraska Dept. of Roads for the use of Federal
               Highway Safety Improvement Program Funds for the
               Superior Street and I-180 East Ramp Safety Project
               (Project No. HSIP-5254(8); City Project No.
               702620).
               Fact Sheet (13K)
               Attachment (2384K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST   (EXTENDED ONE WEEK)

38)  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

39)  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)

40)  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)

41)  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)

42)  13-16B    Vacating the north 4 feet of Q Street between
               North 18th Street and N. Antelope Valley Parkway;
               and the south 4 feet of R Street between North
               18th Street and N. Antelope Valley Parkway.
               (2/25/13 - Placed on Indefinite Pending)

43)  13-42     Amending Chapter 24.01 of the Lincoln
               Municipal Code (Lincoln Fire Suppression
               Systems) to delete references to or actions
               required of the examining board and the
               Administrative Authority; and by amending
               Section 24.01.010 to replace the definition
               of "Administrative Authority" with the
               definition of "Building and Safety"; amending
               Section 24.01.040 to provide qualifications
               for a Fire Suppression Journeyman and Fire
               Suppression Contractor, and to provide that
               the Director shall determine the minimum
               qualifications for applicants for
               registration based on a point system and
               shall approve the form and content of any
               examination to be given to applicants;
               repealing Section 24.01.050, Examining Board,
               Authority; adding a new section numbered
               24.01.065 to provide for the appeal of an
               issued or denied registration certificate;
               repealing Section 24.01.070, Examining Board,
               Meetings; amending Section 24.01.100 to
               change the process for suspending or revoking
               a certificate of registration; amending
               Section 24.01.110 to provide renewal of
               certificates of registration upon approval of
               the Director; amending Section 24.01.120 to
               provide any person registered as a contractor
               or journeyman who does not renew his
               certificate of registration for a period of
               60 days after the expiration of the same may
               be required to submit himself to an
               examination by the Director before such
               person can again be registered; amending
               Section 24.01.150 to increase registration
               and examination fees; amending Section
               24.01.180 to delete references to Fire and
               Rescue Department; amending Section 24.01.190
               to provide for a plan review fee; amending
               Section 24.01.200 to increase permit fees and
               inspection fees and to provide double fees
               where work for which a permit is required is
               started without a permit and to add
               provisions relating to permit expirations and
               refunds; amending Section 24.01.220 to
               require a double check backflow preventer of
               all sprinkler systems; and repealing Section
               24.01.330, Detector Meter. (3/18/13 -
               Indefinite Pending)


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 APRIL ARE THE 8TH AND THE
     29TH BOTH MEETINGS BEGIN AT 5:30 P.M.


ADJOURNMENT   4:17 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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