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Formal Agenda


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

                        ALL MEMBERS PRESENT

                           PUBLIC HEARING
                           CONSENT AGENDA 

        MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF MAY 2012
                          WAS PRESENTED TO
             GAIL VANSLYKE, UTILITIES SERVICES SUPERVISOR
                     FOR THE WATER BUSINESS OFFICE
              OF THE PUBLIC WORKS & UTILITIES DEPARTMENT
                        IN THE CATEGORIES OF
         CUSTOMER RELATIONS, LOSS PREVENTION AND PRODUCTIVITY


Anyone wishing to address an item on the Consent Agenda may do so at this time


REPORTS OF CITY OFFICERS

 1)            Report of Nebraska Department of Roads 2013-2018
               Surface Transportation Program.
               (PLACED ON FILE)

 2)            Resolution levying the special taxes assessed
               for costs of the improvements in the South
               Street Maintenance BID and setting the interest
               rate. (ADOPTED, 7-0; A-86894)

 3)            Resolution approving the distribution of funds
               representing interest earnings on short-term
               investments of Idle Funds during the month ended
               May 31, 2012. (ADOPTED, 7-0; A-86895)

 4)  12R-144   Reappointing Doug Emery to the Joint Budget
               Committee for a term expiring May 31, 2014.
               (ADOPTED, 7-0; A-86896)

 5)  12R-145   Reappointing DiAnna Schimek, Adam Hornung and
               Doug Emery to the Railroad Transportation Safety
               District for terms expiring May 31, 2013.
               (ADOPTED, 7-0; A-86897)

 6)  12R-146   Reappointing Jonathan Cook to the Parks and
               Recreation Advisory Board for a term expiring
               May 31, 2013. (ADOPTED, 7-0; A-86898)

 7)  12R-152   Reappointing Jonathan Cook to the Public
               Building Commission for a term expiring August
               1, 2016. (ADOPTED, 7-0; A-86899)

 8)  12R-153   Appointing Dara Troutman and Linda Jewson to the
               Cable Television Advisory Board for terms
               expiring July 1, 2015. (ADOPTED, 7-0;
               A-86900)
               Attachment (279K)

 9)  12R-154   Appointing Micheal Q. Thompson to the Human
               Rights Commission for a term expiring December
               31, 2013. (ADOPTED, 7-0; A-86901)
               Attachment (83K)

10)  12R-155   Appointing Jeff Hlavac to the Electrical
               Advisory, Appeals and Examining Board for a term
               expiring August 15, 2013. (ADOPTED, 7-0; A-86902)
               Attachment (82K)

11)  12R-156   Appointing John Whitmer to the Electrical
               Advisory, Appeals and Examining Board for a term
               expiring July 15, 2015. (ADOPTED, 7-0; A-86903)
               Attachment (62K)

12)  12R-157   Reappointing Roger (R.J.) Lipert and Russell
               Miller to the Alarm Review Board for a term
               expiring July 1, 2014. (ADOPTED, 7-0;
               A-86904)

13)  12R-158   Appointing Heather Baker to the Alarm Review
               Board for a term expiring July 1, 2014.
               (ADOPTED, 7-0; A-86905)
               Attachment (60K)

14)  12R-159   Reappointing Michael Donnelly to the Police and
               Fire Pension Plan Investment Board for a term
               expiring September 1, 2017.
               (ADOPTED, 7-0; A-86906)

15)  12R-160   Reappointing Janet Goodman-Banks to the Keno
               Advisory Board for a term expiring July 1, 2015.
               (ADOPTED, 7-0; A-86907)


PETITIONS & COMMUNICATIONS

16)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 12032 to
               Wilderness Woods Use Permit No. 126C approved by
               the Planning Director on July 9, 2012 requested
               by The Villas at Wilderness Ridge to reduce the
               front yard setback from 20 feet to 18 feet along
               Executive Woods Drive for a span of 20 feet
               generally located at Executive Woods Drive and
               Pine Lake Road.


17)    MISCELLANEOUS  REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

18)            Application of Old Federal Place LLC dba Grand
               Manse for a special designated license for an
               area measuring 27 feet by 260 feet to the north
               of the licensed premises at 129 North 10th
               Street on September 1, 15, 22, 29; October 27;
               November 10, 17, 2012 from 8:00 a.m. to 2:00
               a.m. (ADOPTED FOR APPROVAL, 7-0; A-86908)

19)            Application of Lincoln Pub Group dba N Zone for
               a special designated license for an area
               measuring 60 feet by 80 feet to the north of the
               licensed premises at 728 1/2 Q Street on
               September 1, 15, 22, 29; October 27; November
               10, 17, 2012 from 7:00 a.m. to 12:00 a.m.
               (ADOPTED FOR APPROVAL, 7-0; A-86909)

20)            Application of Benchmark Redevelopment dba
               Buzzard Billy's for a special designated license
               for an area measuring 24 feet by 13.4 feet to
               the north of the licensed premises at 247 North
               8th Street, Suite 101, on September 1, 15, 22,
               29; October 27; November 10, 2012 from 8:00 a.m.
               to 2:00 a.m. (ADOPTED FOR APPROVAL, 7-0; A-86910)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 21
THRU 25 HAD 2ND READING)

21)  12-78     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 "X" to
               be effective August 11, 2011. 
               Fact Sheet (99K)
               Attachment (266K)

22)  12-79     Vacation No. 12001 - Amending Ordinance No.
               19729, passed by the City Council on June
               18, 2012, to include the metes and bounds
               legal description of the vacated right-of-
               ways which was inadvertently not attached
               to the ordinance.
               Fact Sheet (13K)
               Attachment (287K)

23)  12-80     Approving a Sublease Agreement between the
               City of Lincoln and Experience Works at
               1010 N Street, for job training and
               employment services under the Workforce
               Investment Act, for a term of July 1, 2012
               through June 30, 2013.
               Fact Sheet (90K)
               Attachment (1840K)

24)  12-81     Approving a Real Estates Sales Agreement
               between the City of Lincoln and the Housing
               Authority of the City of Lincoln for the
               sale of blighted and substandard property
               generally located at 2948 Starr Street for
               the Northeast High School Build Program.
               Fact Sheet (114K)
               Attachment (1328K)

25)  12-82     Change of Zone No. 12003 - Amending
               Ordinance No. 19713, passed by the City
               Council on May 21, 2012, to correct the
               legal description provided for Change of
               Zone No. 12003 from I-1 Industrial District
               to P Public Use  District on property
               generally located in West Haymarket from
               North 1st Street to North 7th Street and M
               Street to Y Street.
               Fact Sheet (13K)


PUBLIC HEARING - RESOLUTIONS

26)  12R-147   Approving a Contract Agreement between the City
               and Safety-Kleen Systems, Inc. to provide the
               Annual Supply and Service Parts Washing
               Machines, pursuant to Quote 3972 for a two year
               term. (ADOPTED, 7-0; A-86911)
               Fact Sheet (131K)
               Attachment (2711K)

27)  12R-149   Approving a multi-year contract between the City
               of Lincoln and Eletech, Inc. for Elevator
               Maintenance, Service and Testing - StarTran,
               pursuant to Bid No. 3981, for a four year term
               with an option to renew for an additional four
               year term. (ADOPTED, 7-0; A-86912)
               Fact Sheet (128K)
               Attachment (10113K)

28)  12R-161   Approving the 2012-2013 Maintenance and
               Management BID Budgets and Program of Work for
               the Downtown Lincoln Association Program for
               Fiscal Year 2012-13. (ADOPTED, 7-0; A-86913)
               Fact Sheet (97K)
               Attachment (1363K)

29)  12R-151   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of June 15 - 30,
               2012. (ADOPTED, 7-0; A-86914)
               Fact Sheet (14K)
               Attachment (23K)

30)  12R-148   Approving the Sub-Recipient Agreement between
               the Nebraska Emergency Management Agency and the
               City of Lincoln regarding the 2010 Metropolitan
               Medical Response System in the amount of
               $317,419.00 for the award period of 10/1/2010
               through 7/31/2013. (ADOPTED, 7-0; A-86915)
               Fact Sheet (86K)
               Attachment (532K)

                      - END PUBLIC HEARING -


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

31)  12-75     Change of Zone 12013 - Application of
               Gateway Properties for a change of zone
               from H-2 Highway Commercial District to R-2
               Residential District on property generally
               located at North 52nd Street and R Street.
               (PASSED, 7-0; #19742)
               Fact Sheet (350K)

32)  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)
               (6/25/12 - Removed from Pending to have P.H. 7/9/12
               w/Action on 7/16/12) (MTA #1 ADOPTED, 7-0; PASSED AS 
               AMENDED, 7-0; #19430)
               Fact Sheet (104K)
               Motion To Amend (166K)


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 33
HAD 1ST READING)

33)  12-83     Vacation No. 12003 - Vacating the north-
               south alley located one-half block west of
               South 52nd Street between Prescott Avenue
               and Cooper Avenue.
               Fact Sheet (1408K)


RESOLUTIONS - 1ST READING (ITEMS 34 THRU 36 HAD 1ST READING)

34)  12R-162   Approving an Advertising Agreement between the
               City of Lincoln and Pinnacle Bank for
               advertising on electronic signs at Pershing
               Municipal Auditorium for a two year term.
               Fact Sheet (90K)
               Attachment (460K)

35)  12R-163   Amending the Antelope Village Redevelopment
               Agreement to reflect current conditions and
               identify 2011 as the base year.
               Fact Sheet (150K)
               Attachment (307K)

36)  12R-164   Misc. No. 12006 - Declaring the
               Holdrege/Idylwild Redevelopment Area as blighted
               and substandard in an estimated 7 acres
               generally between North 34th and North 37th
               Street, from Holdrege Street south to Apple
               Street.
               Fact Sheet (1006K)
               Attachment (6543K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST   (EXTENDED ONE WEEK, SEE ITEMS 44 & 45)

37)  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)

38)  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)

39)  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)

40)  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)

41)            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)

42)  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)

43)  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)

44)  12R-95    Approving the First Street and Highway 2
               Development and Conditional Zoning Agreement
               between Sharon Y. Schwartz and Marlyn Schwartz,
               Jeffrey T. Colson and Lanette Colson, and the
               City of Lincoln to conditionally allow the
               development of property located at First Street
               and Highway 2 (Cheney) to be limited to mini-
               warehousing should the property be re-zoned from
               AG Agricultural District and R-2 Residential
               District to H-3 Highway Commercial District.
               (Related Items: 12R-95, 12-48) (Action Date:
               6/4/12) (5/21/12 - P.H. con't to 6/4/12) 
               (6/4/12 - Placed on Indefinite Pending)
               (REMOVED FROM PENDING TO HAVE P.H. ON 7/30/12
               W/ACTION ON 8/6/12, 7-0)
               Attachment (150K)

45)  12-48     Change of Zone 12005 - Application of
               Sharon Schwartz and Jeffrey Colson for a
               Change of Zone from AG Agricultural
               District and R-2 Residential District to 
               H-3 Highway Commercial District on property
               generally located at Highway 2 and First
               Street (Cheney). (Related Items: 12R-95,
               12-48) (Action Date: 6/4/12) (5/21/12 -
               P.H. con't to 6/4/12)  (6/4/12 - Placed on
               Indefinite Pending) (REMOVED FROM PENDING TO 
               HAVE P.H. ON 7/30/12 W/ACTION ON 8/6/12, 7-0)
               Fact Sheet (1353K)

46)  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)


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 JULY ARE THE 9TH AND 30TH.


ADJOURNMENT   3:37 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.
                                   ****
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                              lincoln.ne.gov

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