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Formal Agenda


           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, APRIL 16, 2012 AT 3:00 P.M.

                          ALL MEMBERS PRESENT

     THE COUNCIL MEETINGS OF APRIL 9TH AND 30TH BEGIN AT 5:30 P.M.

                2011 MAYOR'S ANNUAL AWARD OF EXCELLENCE
                     WAS PRESENTED TO TEAM MEMBERS
    POLICE SERGEANT LARRY BARKSDALE, POLICE OFFICER MATTHEW FRANKEN
                    AND FIRE INVESTIGATOR KEN HILGER
           OF BUILDING & SAFETY'S FIRE PREVENTION DIVISION

                    THE 2011 HONORABLE MENTION AWARD
                            WAS PRESENTED TO
                  STARTRAN BUS OPERATOR JOSE REGUEIRA

                            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 -
               North 27th Street Business Improvement District.
               (PLACED ON FILE)

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

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

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


PETITIONS & COMMUNICATIONS

     NONE


 5)  MISCELLANEOUS  REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 6)            Application of Mo Chara, LLC dba Cliff's Lounge
               for a Class C liquor license at 1323 O Street.
               (CON'T P.H. IN ONE WEEK TO 4/23/12, 7-0)

 7)            Manager application of Bryan A. McFarland for Mo
               Chara, LLC dba Cliff's Lounge at 1323 O Street.
               (CON'T P.H. IN ONE WEEK TO 4/23/12, 7-0)

 8)            Application of Mo Chara, LLC dba Cliff's Martini
               Lounge for a Class C liquor license at 5610
               South 56th Street, Suite 1.
               (CON'T P.H. IN ONE WEEK TO 4/23/12, 7-0)

 9)            Manager application of Bryan A. McFarland for Mo
               Chara, LLC dba Cliff's Martini Lounge at 5610
               South 56th Street, Suite 1.
               (CON'T P.H. IN ONE WEEK TO 4/23/12, 7-0)

10)            Application of Mo Chara, LLC dba The Watering
               Hole for a Class C liquor license at 1321 O
               Street. (CON'T P.H. IN ONE WEEK TO 4/23/12, 7-0)

11)            Manager application of Bryan A. McFarland for Mo
               Chara, LLC dba The Watering Hole at 1321 O
               Street. (CON'T P.H. IN ONE WEEK TO 4/23/12, 7-0)

12)            Application of Mo Chara, LLC dba The Watering
               Hole West for a Class C liquor license at 1550
               S. Coddington Ave., Suite P.
               (CON'T P.H. IN ONE WEEK TO 4/23/12, 7-0)

13)            Manager application of Bryan A. McFarland for Mo
               Chara, LLC dba The Watering Hole West at 1550 S.
               Coddington Ave., Suite P.
               (CON'T P.H. IN ONE WEEK TO 4/23/12, 7-0)

14)            Application of Chad Winters, Christopher
               Vorhies, Roger Toy and Robert Toy dba Ideal
               Grocery for a Class C liquor license at 905
               South 27th Street. (ADOPTED FOR APPROVAL, 
               7-0; A-86758)
               

PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)(ITEMS 15 
THRU 20 HAD 2ND READING)

15)  12-39     Authorizing the issuance by the City of its 
               general obligation Highway Allocation Fund 
               Refunding Bonds, Series 2012 in an aggregate 
               principal amount not to exceed $33,000,000.
               (Related Items: 12-39, 12R-66) (Action
               Date: 4/23/12)

16)  12R-66    A Resolution for the early redemption of the
               City's outstanding General Obligation Highway
               Allocation Fund Bonds, Series 2004 in the amount
               of $30,155,000. (Related Items: 12-39, 12R-66)
               (Action Date: 4/23/12)

17)  12-36     Amending Chapter 25.04 of the Lincoln
               Municipal Code, the Lincoln Mechanical
               code, by adding a new section numbered
               25.04.485 to add a new Section 1101.11 to
               the International Mechanical Code relating
               to registration of refrigeration
               contractors.
               Fact Sheet (168K)

18)  12-37     Approving a Lease Agreement between the 
               US Postal Service and the City of Lincoln for
               placement of one or more postal drop-off
               mailboxes in the east parking lot at Woods
               Park, generally at South 33rd Street and L
               Street.
               Fact Sheet (118K)
               Attachment (2715K)

19)  12-38     Approving a Lease Agreement between Holmes
               Lake Professional Center LLC and the City
               of Lincoln for the use of approximately
               2,100 square feet of property north of
               Holmes Lake Park at South 70th Street and
               Normal Boulevard to be used as a parking
               lot for a ten year term.
               Fact Sheet (112K)
               Attachment (631K)

20)  12-40     Amending Chapter 5.04 of the Lincoln
               Municipal Code related to Alcoholic Liquor
               to require a valid Responsible Beverage
               Server Permit or Responsible Beverage
               Management Certificate for any person
               selling or serving alcoholic liquor at
               retail and to delete the prohibition of
               liquor sales between 6:00 a.m. and noon on
               Sunday.
               Fact Sheet (14K)


PUBLIC HEARING - RESOLUTIONS

21)  12R-60    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, 2012. (ADOPTED, 7-0; A-86759)
               Fact Sheet (14K)
               Attachment (20K)

22)  12R-64    Authorizing the transfer of appropriations for
               expenses associated with upcoming labor
               negotiations and the PAGE/CIR case.
               (ADOPTED, 7-0; A-86760)
               Fact Sheet (89K)

23)  12R-59    Approving a Contract Agreement between the City
               of Lincoln and TSI Incorporated for PortaCount
               Pro+ Respirator Fit Testers and for calibration
               and cleaning, pursuant to Bid No. 12-061, for a
               three year term. (ADOPTED, 7-0; A-86761)
               Fact Sheet (133K)
               Attachment (1968K)

24)  12R-67    Approving a Contract Agreement between the City
               of Lincoln and Nebraska LabLinc for Health
               Department Laboratory Test Services, pursuant to
               Bid No. 12-062, for a three year term with the
               option to renew for one additional three year
               term. (ADOPTED, 7-0; A-86762)
               Fact Sheet (130K)
               Attachment (3503K)

25)  12R-68    Approving the Amendment to Quote 2969 Agreement
               for City Renewal between the City of Lincoln and
               Nebraska LabLinc to provide the Annual
               Requirements for Blood Chemistry Profiles for a
               two year term from May 20, 2012 through May 19,
               2014. (ADOPTED, 7-0; A-86763)
               Fact Sheet (132K)
               Attachment (493K)

26)  12R-62    Authorizing a request to the State of Nebraska,
               Board of Public Roads Classifications and
               Standards, for relaxation of the Minimum Design
               Standards for bridge design loading for the
               North 27th and Leighton Viaduct Project, City
               Project 540023. (ADOPTED, 7-0; A-86764)
               Fact Sheet (13K)

27)  12R-63    Approving a Funding Agreement between the City
               and the Nebraska Dept. of Roads for the use of
               Federal Aid Bridge Replacement Funds for the
               Fracture Critical Bridge Inspection of Structure
               No. U142514300, Salt Creek Road, east leg of the
               Big X (Project No. BR-MBOS995).
               (ADOPTED, 7-0; A-86765)
               Fact Sheet (13K)
               Attachment (138K)

28)  12R-65    Approving the appropriation of $700,000 of Keno
               funds within the Parks and Recreation Department
               CIP for FY 2012-2013 for the Nebraska Centennial
               Mall Renovation Project. (ADOPTED, 7-0; A-86766)
               Fact Sheet (123K)

29)  12R-61    Use Permit No. 82C - Appeal of Design Data Corp.
               from the Planning Commission's conditional
               approval of the application of Bob Bennie
               Properties LLC for authority to add Medical
               Office as a permitted land use to an existing
               Use Permit, on property generally located at
               south 14th Street and Old Cheney Road.
               (CON'T P.H. W/ACTION IN ONE WEEK TO 4/23/12, 7-0)
               Fact Sheet (613K)
               Motion To Amend (6K)

                      - END PUBLIC HEARING -


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

30) 12-33      Approving a contract between the City
               and Lincoln Haymarket Development
               Corp. to operate and regulate a
               Saturday public market in the
               Haymarket area, 7th Street from P to Q
               Streets and P Street from 7th to 8th
               Streets from May 5, 2012 through
               October 13, 2012 and on 8th Street
               from P to Q Streets from June 2, 2012
               through August 25, 2012 and also
               September 8, 2012. (PASSED, 7-0; #19701)
               Fact Sheet (121K)
               Attachment (767K)


31)  12-34     Change of Zone 12002 - Amending Title 27 of
               the Lincoln Municipal Code, the Zoning
               Code, by adding a new section numbered
               27.03.417 to provide the definition of
               "market garden"; amending Sections
               27.07.040 and 27.09.040 to add market
               gardens as a permitted special use in the
               AG and AGR zoning districts, respectively;
               amending Section 27.63.680 to add market
               gardens as an exception to a licensed
               premises 100-foot spacing requirement from a
               residential district; adding a new section
               numbered 27.63.820 to provide conditions
               for approval for market gardens as a
               permitted special use and to allow certain
               accessory uses to market gardens, including
               the sale of alcoholic beverages for
               consumption on the premises; and amending
               Section 27.67.040 to provide parking
               requirements for farm wineries and market
               gardens. (PASSED, 7-0; #19702)
               Fact Sheet (92K)

32)  12-35     An ordinance adopting the supplements to
               the Lincoln Municipal Code dated June 2011
               and December 2011 as part of the official
               Lincoln Municipal Code. (PASSED, 7-0; #19703)
               Fact Sheet (15K)


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 33 
& 34 HAD 1ST READING)

33)  12-41     Miscellaneous No. 11003 - Vacating the
               final plat of Hartland's View Pointe West
               1st Addition generally located at N.W. 56th
               Street and West Aurora Street and retaining
               certain easements there in the name of the
               City.
               Fact Sheet (1051K)

34)  12-42     Vacation No. 12001 - Vacating multiple
               rights-of-way and alleys located in the
               West Haymarket area between L Street and U
               Street and between 2nd Street and 7th
               Street.
               Fact Sheet (2807K)


RESOLUTIONS - 1ST READING (ITEMS 35 THRU 37 HAD 1ST READING)

35)  12R-69    Approving an Amendment to Agreement for Animal
               Shelter Services between the City of Lincoln and
               the Capital Humane Society for an additional
               four year term and to amend the compensation to
               be paid for said additional term.
               Fact Sheet (86K)
               Attachment (99K)

36)  12R-70    Amending Resolution No. A-86641 for the use of
               public right of way along South 9th Street for
               an accessible ramp and landing to allow steps in
               the right of way rather than the ramp.
               Fact Sheet (14K)
               Attachment (778K)

37)  12R-71    Approving an Interlocal Agreement between the
               City of Lincoln and Lancaster County for the
               14th Street reconstruction from I-80 to Alvo
               Road and for the acquisition of right-of-way
               outside the City limits.
               Fact Sheet (12K)
               Attachment (1499K)


PENDING LIST - DATE CERTAIN

38)  12-21     Change of Zone 11040 - Amending Section
               27.67.040 of the Lincoln Municipal Code
               relating to special parking requirements to
               delete special parking requirements for
               rooming and boarding houses and to revise
               the parking requirements for fraternities
               and sororities. (3/12/12 - P.H./2nd
               Reading con't. 6 wks to 4/23/12)
               Fact Sheet (491K)
               Motion To Amend (6K)
               Motion To Amend (7K)


PENDING LIST   (EXTENDED ONE WEEK)

39)  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)

40)  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)

41)  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)

42)  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)

43)            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)

44)  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)

45)  10-101    Adopting an amended and restated version of the
               City of Lincoln Employees' Retirement Plan and
               Trust to provide that the employer contribution
               for employees hired in positions and pay ranges
               prefixed by the letter "N" on or after September
               1, 2010 will be an amount equal to 9% of an
               employee's compensation; and to further provide
               that the mandatory employee contribution for
               employees hired in positions and pay ranges
               prefixed by the letter "N" on or after September
               1, 2010 will be in an amount equal to 7% of an
               employee's compensation. (8/23/10 -
               Reconsidered Ordinance No. 19430 - Placed on
               Pending Indefinitely)
               Fact Sheet (104K)

46)  11R-62    Comp. Plan Conformance 11001 - Approving an
               amendment to the Lincoln Star Building
               Redevelopment Project, in the Lincoln Center
               Redevelopment Plan, to extend the project area
               to include the M Street right-of-way from South
               7th Street to South 17th Street to allow for
               streetscape design and improvements. (3/21/11
               - Action Delayed 1 wk. to 3/28/11) (3/28/11 -
               Placed on Indefinite Pending)
               Fact Sheet (1022K)
               Attachment (1001K)

47)  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)


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 9TH AND 30TH.


ADJOURNMENT   8:52 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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