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Formal Agenda


              ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                     MONDAY, JULY 23, 2012 AT 3:00 P.M.

                            ALL MEMBERS PRESENT

                              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)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on July
               9, 2012. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 2)            Setting the hearing date of Monday, August 13,
               2012 at 3:00 p.m. for the application of Zipline
               Brewing Co. dba Zipline Brewing Co. for a Class L
               liquor license located at 2100 Magnum Circle,
               Suite 1. (ADOPTED, 7-0; A-86916)

 3)            Setting the hearing date of Monday, August 13,
               2012 at 3:00 p.m. for the application of STL of
               Nebraska Inc. dba Target Store T-0879 for a Class
               DK liquor license located at 5330 South
               56th Street. (ADOPTED, 7-0; A-86917)

 4)            Informal Petition to create a paving district on
               West Nance Avenue between NW 8th and NW
               9th Streets submitted by Heather Nunn.
              (REFERRED TO PUBLIC WORKS DEPT. ON JULY 11, 2012)

 5)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Waiver No. 12011 approved by the Planning
               Director on July 10, 2012, requested by Orange
               Development, Inc., for a waiver to allow the
               parking plan which includes 13 stalls that do not
               conform to all applicable design standards.  This
               waiver is only effective for one year from the
               date of approval, after which time, all parking on
               this site must conform to the design standards. 
               This waiver is a temporary measure during the
               construction of the new store on site.  The
               property is generally located at S. 48th St. and
               Van Dorn St.
               Waiver No. 11015 to Final Plat No. 04071,
               Stone Bridge Creek 8th Addition, approved by the
               Planning Director on July 16, 2012, requested by
               Engineering Design Consultants, for a waiver to
               extend the time for two years to install landscape
               screen, ornamental lighting, sidewalks, pedestrian
               way sidewalks, street name signs and street
               paving, as agreed upon in the Settlement Agreement
               approved May 21, 2012.  The improvements shall be
               completed by July 16, 2014.  Property is generally
               located at S. 14th St. and Humphrey Ave.
               Waiver No. 12002 to Final Plat No. 04037,
               Stone Bridge Creek 5th Addition, approved by the
               Planning Director on July 16, 2012, requested by
               Engineering Design Consultants, for a waiver to
               install sidewalks, as agreed upon in the
               Settlement Agreement approved May 21, 2012.  The
               improvements shall be completed by July 16, 2014. 
               Property is generally located at Redstone Rd. and
               Humphrey Ave. 
               Administrative Amendment No. 12031 to Use
               Permit No. 53, Russwood, approved by the Planning
               Director on July 16, 2012, requested by Inmotion
               Auto Care, Inc., to change the floor area for Lot
               2 from 8,200 square feet to 9,500 square feet and
               to change the unassigned square feet from 7,300 to
               6,000, on property generally located at Russwood
               Pkwy. and O St.

 6)            REFERRALS TO THE PLANNING DEPARTMENT:
               Change of Zone No. 12018 - Requested by Olsson
               Associates, Holdrege/Idylwild Redevelopment
               Planned Unit Development, for a change of zone
               from B-1 Local Business, R-6 Residential District
               and R-5 Residential District to B-1 Local Business
               District PUD, on property legally described Lots
               1-5,  Lots 13-16, and a portion of the east-west
               alley, Block 1, Idylwild Place; Lot 3, Idylwild
               Place 1st Addition; Lots 1-4, Paine's Subdivision
               and a portion of N. 35th Street right-of-way; from
               R-2 Residential District to R-2 Residential
               District PUD, legally described as Lots 5 and 6,
               Block 1, Woods Bros. University Addition; and from
               R-6 Residential District to R-6 Residential
               District PUD, legally described as Lots 1-4, Block
               1, Woods Bros. University Place Addition, Lot 48,
               University Park and a portion of Lot 46,
               University Park; all located in the NE 1/4 of
               Section 19-10-7, Lancaster County, Nebraska,
               generally located at N. 35th Street and Holdrege
               Street; for a Planned Unit Development designation
               of said property; and for approval of a development
               plan which proposes modifications to the Zoning
               Ordinance and Land Subdivision Ordinance to allow
               approximately 66,000 square feet of commercial floor
               area and approximately 40 residential dwelling units.
               Change of Zone No. 12022 - Requested by the
               Director of Planning, amending Section 27.07.030
               of the Lincoln Municipal Code to allow any use
               approved by the Lancaster County Board of
               Commissioners by the granting of an amusement
               license for such use as a permitted conditional
               use in the AG Agriculture District, provided said
               conditional use is limited to one event per
               calendar year; and repealing Section 27.07.030 of
               the Lincoln Municipal Code as hitherto existing.
               Special Permit No. 12028 - Requested by Olsson
               Associates, 112TH Street Homeowners Association
               Community Unit Plan, for up to six dwelling units
               on approximately 49.5 acres of land, with waivers
               to storm water detention, block length, lot
               frontage, maximum allowed density, setbacks, and
               minimum lot area, on property legally described as
               Lots 19, 23, 28, 35, 39, 41, and 49 I.T., all in
               the SE 1/4 of Section 25-10-7, Lancaster County,
               Nebraska, generally located one-half mile south of
               O Street on the west side of South 112th Street. 
               The Planning Commission action is final action,
               unless appealed to the City Council.


 7)    MISCELLANEOUS  REFERRALS - NONE

                  - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 8)            Application of Richmond Rollins LLC dba Barry's  
               The Husker Bar for a Class CK liquor license at
               235 North 9th Street. (ADOPTED FOR APPROVAL, 7-0;
               A-86918)

 9)            Manager application of Lou Mary Webb for Richmond
               Rollins LLC dba Barry's   The Husker Bar at 235
               North 9th Street. (ADOPTED FOR APPROVAL, 7-0;
               A-86919)

10)            Application of Khanh Dinh dba Li Li Caf‚ for a
               Class A liquor license at 3111 O Street, Suite D.
               (ADOPTED FOR APPROVAL, 7-0; A-86920)

11)            Application of Kurt and Kristine Kontor dba The
               Underground for a Class C liquor license at 3233
               1/2 South 13th Street. (ADOPTED FOR APPROVAL, 4-3;
               CAMP, EMERY, ESKRIDGE, HORNUNG ASSENTING;
               CARROLL, COOK, SCHIMEK DISSENTING; A-86921)

12)            Application of Sam's West, Inc. dba Sam's Club
               #4873 for a Class D liquor license at 8480
               Andermatt Drive. (ADOPTED FOR DENIAL, 5-2;
               CAMP, COOK, EMERY, ESKRIDGE, SCHIMEK ASSENTING;
               CARROLL, HORNUNG DISSENTING; A-86922)

13)            Manager application of Jonathan W. Rowe for Sam's
               West dba Sam's Club #4873 at 8480 Andermatt Drive.
               (ADOPTED FOR APPROVAL, 7-0; A-86923)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEM 14 HAD 2ND READING)

14)  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)


PUBLIC HEARING - RESOLUTIONS

15)  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. 
               (ADOPTED, 7-0; A-86924)
               Fact Sheet (90K)
               Attachment (460K)

16)  12R-163   Amending the Antelope Village Redevelopment
               Agreement to reflect current conditions and
               identify 2011 as the base year. 
               (MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED,
               7-0; A-86925)               
               Fact Sheet (150K)
               Attachment (307K)

17)  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. (ADOPTED, 7-0; A-86926)
               Fact Sheet (1006K)
               Attachment (6543K)

                  - END PUBLIC HEARING -


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

18)  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.
               (PASSED, 7-0; #19743)
               Fact Sheet (99K)
               Attachment (266K)

19)  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. (PASSED, 7-0; #19744)
               Fact Sheet (13K)
               Attachment (287K)

20)  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. (PASSED, 7-0; #19745)
               Fact Sheet (90K)
               Attachment (1840K)

21)  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.
               (PASSED, 7-0; #19746)
               Fact Sheet (114K)
               Attachment (1328K)

22)  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.
               (PASSED, 7-0; #19747)
               Fact Sheet (13K)


  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 23 THRU 27 HAD 1ST READING)

23)  12-84     Amending Sections 9.20.050 and 10.14.460 of
               the Lincoln Municipal Code relating to
               Disturbing the Peace and Unnecessary Noise
               from Motor Vehicles, respectively, to
               transfer the regulation of sources of music
               in public streets, alleys, or other public
               places from Section 9.20.050, Disturbing the
               Peace, to Section 10.14.460, Unnecessary
               Noise From Motor Vehicles, to amend the
               penalty for violation of Section 9.20.050 to
               correspond to state statute and to specify
               the penalty for violation of Section 9.20.050
               in that section; and amending Section
               9.20.100 of the Lincoln Municipal Code
               relating to minimum penalties to delete a
               repetitious reference to the minimum fine for
               disturbing the peace.
               Fact Sheet (101K)

24)  12-85     Amending Chapter 9.16 of the Lincoln
               Municipal Code relating to Offenses Against
               Public Decency by amending Section 9.16.030
               defining toxic compounds; amending Section
               9.16.035 defining paraphernalia; amending
               Section 9.16.110 relating to the unlawful use
               of toxic compounds to clarify that a toxic
               compound could be introduced into the human
               system by other means than currently set
               forth in the sections; and amending Section
               9.16.140 to  make the penalty comparable with
               state statute.
               Fact Sheet (100K)

25)  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) (7/16/12 - Removed from
               Pending to Have P.H. on 7/30/12 w/Action on
               8/6/12) (Related Items: 12R-95, 12-48, 12-87)
               (Action Date: 8/6/12)
               Attachment (150K)
               Motion To Amend (231K)

26)  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) (7/16/12 - Removed from
               Pending to Have P.H. on 7/30/12 w/Action on
               8/6/12) (Related Items: 12R-95, 12-48,
               12-87) (Action Date: 8/6/12)
               Fact Sheet (1353K)

27)  12-87     Change of Zone 12019   Application of Sharon
               Y. Schwartz and Jeffrey T. Colson to reduce
               the Building Line District from a 125 foot
               setback to a 108 foot setback on property
               generally located at First Street and Highway
               2 in Cheney. (Related Items: 12R-95, 12-
               48, 12-87) (Action Date: 8/6/12)
               Fact Sheet (1701K)


RESOLUTIONS - 1ST READING (ITEMS 28 THRU 32 HAD 1ST READING)

28)  12R-165   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of July 1 - 15,
               2012.
               Fact Sheet (14K)
               Attachment (23K)

29)  12R-168   Special Permit 11015A   Application of Kelly
               Langer to amend the special permit for Historic
               Preservation of the former St. James Evangelical
               Lutheran Church to adjust the lot width and area
               requirements to permit two-family use, on property
               generally located at 3935 Randolph Street.
               Fact Sheet (2401K)

30)  12R-169   Approving an amendment to the Holdrege Street and
               Idylwild Drive Development and Conditional Zoning
               Agreement to modify the property restrictions
               regarding the setback on the east side of Lot 48,
               generally located at Holdrege Street and Idylwild
               Drive.
               Fact Sheet (13K)
               Attachment (224K)

31)  12R-166   Approving an Amendment to Bid No. 10-164 for the
               Annual Requirements of Invensys Meter Parts for
               LWS AMR Program Agreement between the City of
               Lincoln and HD Supply Waterworks to extend the
               term for one additional two-year term from August
               1, 2012 through July 31, 2014.
               Fact Sheet (122K)
               Attachment (198K)

32)  12R-167   Approving an Amendment to Bid No. 10-158 for the
               Annual Requirements of M & H Fire Hydrant Parts
               Agreement between the City of Lincoln and HD
               Supply Waterworks to extend the term for one
               additional two-year term from August 1, 2012
               through July 31, 2014.
               Fact Sheet (117K)
               Attachment (203K)


PENDING LIST - DATE CERTAIN

33)  12R-150   Special Permit No. 12016 - Appeals from the
               Planning Commission's conditional approva of th
               application of Radix, Inc. for authority to
               operate a recreational facility in the AG
               Agricultural District, on property generally
               located at SW 29th Street and W
               Wittstruck Road.(7/17/12 - Joint P.H.; to have 
               Action only on 7/30/12)


PENDING LIST   (EXTENDED ONE WEEK)

34)  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)

35)  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)

36)  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)

37)  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)

38)            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)

39)  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)

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)
               Fact Sheet (75K)
               Motion To Amend (7K)

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)
               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   4:10 P.M.



                               ***
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                  on 5 City-TV, Cable Channel 5.

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