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Formal Agenda


              ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                       MONDAY, MAY 13, 2013 AT 3:00 P.M.

                     ALL MEMBERS PRESENT EXCEPT ESKRIDGE

           THERE WILL BE NO MEETING THE WEEK OF MAY 27TH DUE TO HOLIDAY
    There will only be one Open Microphone session during the month of May 
       during the May 13th City Council Meeting which begins at 3 p.m.


                        MAYOR'S AWARD OF EXCELLENCE
                    WAS PRESENTED TO ROBYN CRUSE-MILLER, 
            OF THE LINCOLN WATER SYSTEM, PUBLIC WORKS DEPARTMENT
                     IN THE CATEGORY OF LOSS PREVENTION.


                              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)            Resolution Levying the Special Taxes Assessed for
               the Costs of the Improvements in the Havelock
               Street Maintenance Business Improvement District.
               (ADOPTED, 6-0; A-87326)

 2)            Resolution Levying the Special Taxes Assessed for
               the Costs of the Improvements in the North 27th
               Street Maintenance Business Improvement District.
               (ADOPTED, 6-0; A-87327)

 3)            Resolution Levying the Special Taxes Assessed for
               the Costs of the Improvements in the South Street
               Maintenance Business Improvement District.
               (ADOPTED, 6-0; A-87328)

 4)            Resolution Levying the Special Taxes Assessed for
               the Costs of the Improvements in the University
               Place Maintenance Business Improvement District.
               (ADOPTED, 6-0; A-87329)

 5)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on April
               29, 2013. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 6)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 12022 to Use
               Permit No. 154D, Wilderness Hills Commercial
               Center, approved by the Planning Director on May
               3, 2013, requested by Olsson Associates, to adjust
               the lot sizes and remove a portion of the
               buildable area on Lots 13 and 14 and add an
               outdoor plaza/landscape area, on property
               generally located on the southeast corner of S.
               27th St. and Yankee Hill Rd. 


 7)    MISCELLANEOUS REFERRALS - NONE

                  - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 8)            Application of Least of These LLC dba Sebastian's
               Table for a Class I liquor license at 126 N. 14th
               Street. (ADOPTED FOR APPROVAL, 6-0; A-87330)


 9)            Manager application of Erik Hustad for Least of
               These LLC dba Sebastian's Table at 126 N. 14th
               Street. (ADOPTED FOR APPROVAL, 6-0; A-87331)



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

10)  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) (4/29/13 -
               Removed from Pending to have 1st Reading
               on 5/6/13) (WITHDRAWN, 6-0; #38-4633)
               Fact Sheet (95K)
               Motion To Amend (6K)

11)  13-62     Authorizing the issuance, sale and delivery
               of water revenue refunding bonds of the City
               of Lincoln, Nebraska to refund outstanding
               water revenue bonds of the City and related
               matters.


PUBLIC HEARING - RESOLUTIONS

12)  13R-95    Establishing a new rate schedule for customers of
               the Lincoln Water System to be imposed during
               conditions requiring emergency water management as
               specified in the Water Management Plan adopted by
               Executive Order No. 86012. (MTA #1 ADOPTED, 6-0;
               ADOPTED AS AMENDED, 6-0; A-87332)
               Fact Sheet (13K)

13)  13R-96    Approving Supplemental Agreement No. 5 between the
               City of Lincoln and the Nebraska Dept. of Roads
               for the Jamaica North Trail Phase 2, NDOR Project
               No. ENH-55(160) Control No. 12879, to revise the
               Federal share payable on this project during the
               construction and construction engineering phase to
               a maximum of 80 percent of the eligible and
               participating costs. (ADOPTED, 6-0; A-87333)
               Fact Sheet (94K)
               Attachment (143K)

14)  13R-97    Approving the Recreational Trails Program Project
               Agreement between the City of Lincoln and the
               Nebraska Game and Parks Commission for a
               Recreational Trails Program Project grant to
               construct the Wilderness Park Trail Bridge.
               (ADOPTED, 6-0; A-87334)
               Fact Sheet (98K)
               Attachment (1462K)

15)  13R-98    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of April 16-30,
               2013. (ADOPTED, 6-0; A-87335)
               Fact Sheet (7K)
               Attachment (25K)


                  - END PUBLIC HEARING -


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

16)  13-57     Creating Special Assessment Water District
               No. 1204 for the purpose of
               constructing a 6-inch diameter water main in
               Dudley Street from 50th Street to 51st
               Street, and assessing the costs thereof
               against the benefitted property. 
               (PASSED, 6-0; #19876)
               Fact Sheet (12K)
               Attachment (1304K)

17)  13-58     Annexation No. 12005 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 23 acres generally located at
               South 70th Street and Countryview Road.
               (Related Items: 13-58, 13-59)
               (PASSED, 6-0; #19877)
               Fact Sheet (1468K)
               Attachment (491K)

18)  13-59     Change of Zone No. 12030 - Application of
               Rokeby Holdings, LLC for a change of zone
               from AG Agriculture District and R-3 Planned
               Unit Development to R-3 Residential District
               on property generally located at South 70th
               Street and Countryview Road. (Related
               Items: 13-58, 13-59) (PASSED, 6-0; #19878)
               Fact Sheet (1769K)

19)  13-60     Amending the pay schedule for a certain
               employee group whose classification is
               assigned to the pay range which is prefixed
               by the letter "A" to correct the pay range
               for the classification of "Impact Fee
               Administrator." (PASSED, 6-0; #19879)
               Attachment (28K)

20)  13-61     Amending Section 2.35.035 of the Lincoln
               Municipal Code to authorize emergency water
               restrictions enacted by Executive Order and
               allow the Director of Public Works and
               Utilities to appoint Water Conservation
               Officers; amending Section 8.44.030 of the
               Lincoln Municipal Code (Use of Water Well;
               When Permitted) to require private water well
               owners comply with certain provisions of
               emergency water restrictions; amending
               Section 17.26.010 of the Lincoln Municipal
               Code (Emergency Restrictions) to make any
               persons who fail to follow duly enacted
               emergency water restrictions subject to the
               administrative penalties identified herein;
               amending Chapter 17.26 of the Lincoln
               Municipal Code relating to Emergency
               Restrictions by adding a new section numbered
               17.26.015 (Responsibility of Property Owner)
               to make unlawful any violation of an
               emergency water restriction and to establish
               a rebutable presumption that property owners
               are responsible for violations that occur on
               property owned by them; adding a new section
               numbered 17.26.040 (Water Conservation
               Officer) to authorize the Director of Public
               Works and Utilities to appoint, employ,
               determine qualifications and authorize
               citation authority for Water Conservation
               Officers; adding a new section numbered
               17.26.045 (Payment of Fines and Costs;
               Administrative Hearing Process; Appeal) to
               establish fines and administrative costs
               for the violation of emergency water
               restrictions; to establish an administrative
               process for the handling, processing and
               conduct of hearings and for appeals of
               violation of emergency water restrictions;
               and adding a new section numbered 17.26.047
               (Emergency Water Restriction Fines and Costs;
               Rules; Collect and Account for Money) to
               address the collection and accounting of
               monies collected for violations of emergency
               water restrictions. (MTA #1 ADOPTED, 6-0;
               PASSED AS AMENDED, 6-0; #19880)
               Fact Sheet (15K)
               Motion To Amend (6K)


  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)
(ITEM 21 HAD 1ST READING)

21)  13-63     Change of Zone 13005 - Application of OSI
               Brothers, LLC, on behalf of the owner David
               W. Bratcher, LLC, for a change of zone from
               AG Agriculture District to AG Agriculture
               District with Landmark Overlay, to designate
               the Lincoln Air Force Base Remote Facility
               generally located at 6901 West Adams Street,
               as a Landmark.
               Fact Sheet (4564K)
               Attachment (335K)


RESOLUTIONS - 1ST READING - NONE


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST   (EXTENDED ONE WEEK)

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

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)  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)

25)  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)

26)  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)


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 13TH WHICH
     BEGINS AT 3 P.M.


ADJOURNMENT    5:08 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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