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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, AUGUST 20, 2012 AT 3:00 P.M.

                     ALL MEMBERS PRESENT EXCEPT COOK

            MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF JULY 2012
                              WAS PRESENTED TO
                   BEAU WOLFE, PUBLIC INFORMATION SPECIALIST 
                      FOR THE CITIZEN INFORMATION CENTER
                          OF THE MAYOR'S DEPARTMENT
            IN THE CATEGORIES OF CUSTOMER RELATIONS AND PRODUCTIVITY

                             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)  12R-188   Approving the appointment of John Huff as Fire
               Chief effective August 30, 2012. (MTA #1 ADOPTED,
               6-0; ADOPTED AS AMENDED, 6-0; A-86960)
               Motion To Amend (6K)

 2)  12R-189   Approving the appointment of Jim Peschong as
               Police Chief effective January 31, 2013. 
               (MTA #1 ADOPTED, 6-0; ADOPTED AS AMENDED, 6-0;
               A-86961)
               Motion To Amend (6K)

 3)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on
               August 6, 2012. (PLACED ON FILE)

 4)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on
               August 8, 2012. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 5)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 11060 to
               Special Permit No. 08034, Whispering Meadows
               Community Unit Plan, approved by the Planning
               Director on August 7, 2012, requested by City Bank
               and Trust, to add notes 27 and 28 to the approved
               plan; allowing for Lots 1-10 to be either
               developed as single family lots, or a daycare by
               special permit or multi-family housing; and adding
               Outlot F to provide utilities, on property
               generally located at SW. 27th St. and West A St.  
 
 6)            REFERRED TO THE PLANNING DEPARTMENT:
               Change of Zone No. 12023 -  requested by Gary
               Burow, from H-3 Highway Commercial District to I-1
               Industrial District, on property legally described
               as a portion of Lot 139 I.T., located in the NW
               1/4 of Section 13-10-6, Lancaster County,
               Nebraska, generally located at N. 14th Street and
               Cornhusker Highway.
               Change of Zone No. 12024 -  requested by
               Lincoln Community Playhouse, for The Lincoln
               Community Playhouse Planned Unit Development, from
               R-2 Residential District and R-3 Residential
               District to O-3 Office Park District PUD, on
               property legally described as Lot 1, Block 2,
               Thomasbrook Addition, and Lot 140 I.T., located in
               the SW 1/4 of Section 33-10-7, Lancaster County,
               Nebraska, generally located at S. 56th Street and
               Lillibridge Street; for a Planned Unit Development
               District designation of said property; and for
               approval of a development plan which proposes
               modifications to the Zoning Ordinance and
               Subdivision Ordinance to allow the existing
               community playhouse and future commercial
               development on the underlying O-3 zoning district.
               Combined Special/use Permit No. 13A -
               requested by ASI, Nebraska, for an adjustment to
               the sign regulations to allow an additional center
               identification sign, on property legally described
               as Lot 1, Pine Lake Heights 10th Addition, located
               in the NE 1/4 of Section 19-9-7, Lancaster County,
               Nebraska, generally located at S. 40th Street and
               Pine Lake Road.
               Special Permit No. 12029 - requested by Sean
               and Marla Payant, for the espansion of a
               nonconforming use to construct a garage in the
               rear yard setback, on property legally described
               as Lot 1, except the east 70', Block 3, Chase and
               Beardsleys Park Hill Addition, located in the SE
               1/4 of Section 36-10-6, Lancaster County,
               Nebraska, generally located at 2233 Park Avenue. 
               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 Sikarin, LLC dba Issara for a Class
               CK liquor license at 1701 Pine Lake Road.
               (ADOPTED FOR APPROVAL, 6-0; A-86962)

 9)            Manager application of Malinee Kiatathikom for
               Sikarin, LLC dba Issara at 1701 Pine Lake Road.
               (ADOPTED FOR APPROVAL, 6-0; A-86963)

10)            Application of MC Home Solutions, LLC dba Smooth
               for a Class C liquor license at 1640 O Street.
               (ADOPTED FOR APPROVAL, 6-0; A-86964)

11)            Manager application of David Bader for MC Home
               Solutions, LLC dba Smooth at 1640 O Street.
               (ADOPTED FOR APPROVAL, 6-0; A-86965)

12)            Application of Marcus Lincoln Hotel LLC dba
               Marriott Cornhusker for a Class CK liquor license
               at 333 South 13th Street.
               (ADOPTED FOR APPROVAL, 6-0; A-86966)

13)            Manager application of Brian G. Shander for Marcus
               Lincoln Hotel LLC dba Marriott Cornhusker at 333
               South 13th Street.
               (ADOPTED FOR APPROVAL, 6-0; A-86967)

14)            Application of HCF Taco Company No. 1, LLC dba
               Fuzzy's Taco Shop for a Class I liquor license at
               1442 O Street.
               (ADOPTED FOR APPROVAL, 6-0; A-86968)

15)            Manager application of David J. Hofer for HCF Taco
               Company No. 1, LLC dba Fuzzy's Taco Shop at 1442 O
               Street.
               (ADOPTED FOR APPROVAL, 6-0; A-86969)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 16 THRU 22 HAD 2ND READING; SEE ITEM 22)

16)  12-86     Comp. Plan Conformance 12008 - Declaring
               approximately .16 acres of property generally
               located southwest of South 21st Street and O
               Street; .03 acres of property generally
               located southwest of South Antelope Valley
               Parkway and M Street; and .19 acres of
               property generally located southeast of
               Capitol Parkway and J Street, as surplus
               property and authorizing the sale thereof.
               (Related Items: 12-86, 12-104, 12-106)
               (Action Date: 8/27/12)
               Fact Sheet (1213K)

17)  12-104    Vacation 10019 - Vacating Randolph Street between
               South 25th Street and Capitol Parkway; a portion
               of H Street west of South 25th Street; a portion
               of the east-west alley west of South 25th Street;
               and a portion of Capitol Parkway south of J
               Street. (Related Items: 12-86, 12-104, 12-106)
               (Action Date: 8/27/12)
               Fact Sheet (836K)

18)  12-106    Approving a Real Estate Sales and Exchange
               Agreement between the City of Lincoln and Lincoln
               Public Schools for the exchange and sale of
               property generally located southeasterly of
               Capitol Parkway and J Street and the conveyance of
               a portion of vacated Capitol Parkway and J Street
               to Lincoln Public Schools .(Related Items: 12-
               86, 12-104, 12-106) (Action Date: 8/27/12)
               Fact Sheet (106K)
               Attachment (8297K)

19)  12-107    Approving an Interlocal Agreement between the City
               of Lincoln and Lincoln Public Schools for the
               funding of a renovation project at Sherman Field
               and the use of Sherman Field by LPS.
               Fact Sheet (107K)
               Attachment (884K)

20)  12-108    Approving an Interlocal Agreement between the City
               of Lincoln and Lincoln Public Schools for
               development of a playground, walkways and related
               site improvements in Belmont Park associated with
               Belmont Elementary School and the Lincoln EduCare
               facility.
               Fact Sheet (120K)
               Attachment (569K)

21)  12R-190   Comp. Plan Conformance 12009 - Adopting and
               approving the "Holdrege/Idylwild Redevelopment
               Plan" within an area generally bounded by N. 37th
               Street on the east and N. 34th Street on the west,
               Holdrege Street on the north and Apple Street on
               the south for redevelopment activities consisting
               of public improvements, a new fraternity and a
               mixed use development. (Related Items: 12R-190,
               12-105) (Action Date: 8/27/12)
               Fact Sheet (928K)
               Attachment (5051K)

22)  12-105    Change of Zone 12018 - Application of Kinport
               Corporation for a change of zone from B-1 Local
               Business District, R-6 Residential District and R-
               5 Residential District to B-1 Local Business
               District PUD, from R-2 Residential District to R-2
               Residential District PUD, and from R-6 Residential
               District to R-6 Residential District PUD, on
               property generally located at North 35th Street
               and Holdrege Street for a planned unit development
               district designation of said property, and
               approval of a development plan to allow
               approximately 66,000 square feet of commercial
               floor area and approximately 40 residential
               dwelling units. (Related Items: 12R-190, 12-
               105) (Action Date: 8/27/12) 
               (CONT. P.H./2ND READING TO 09/10/12, APPROVED, 6-0)
               Fact Sheet (584K)


PUBLIC HEARING - RESOLUTIONS

23)  12R-187   Declaring the official intent of the City of
               Lincoln to call an election regarding the
               proposition of the issuance by the City of its
               general obligation bonds in an aggregate principal
               amount not to exceed $7,900,000 for the purpose of
               paying the costs incident to engineering,
               acquiring, constructing and/or furnishing
               improvements to and extensions of the City's
               stormwater drainage and flood management system.
               (ADOPTED, 6-0; A-86970)

24)  12R-191   Comp. Plan Conformance 12010 - Adopting and
               approving the proposed amendment to the 48th and O
               Street Redevelopment Plan to expand the area to
               include the Gateway Senior Living Center
               retirement campus located north of O Street
               between 52nd Street and 56th Street and to add a
               redevelopment project for the expansion of skilled
               nursing and independent living facilities.
               (Related Items: 12R-191, 12R-192, 12R-193)
               (Action Date: 08/20/12) (ADOPTED, 6-0; A-86971)
               Fact Sheet (699K)
               Attachment (3814K)

25)  12R-192   Approving the Gateway Senior Living Project  
               Phase I Redevelopment Agreement between the City
               of Lincoln and Gateway Properties, Inc. relating
               to the redevelopment of property generally located
               north of O Street between 52nd Street and 56th
               Street. (Related Items: 12R-191, 12R-192, 12R-
               193) (Action Date: 08/20/12) (ADOPTED, 6-0; A-86972)
               Fact Sheet (150K)
               Attachment (184K)

26)  12R-193   Amending the FY 11/12 CIP to authorize and
               appropriate $1,606,500.00 in TIF funds for Gateway
               Senior Living Center   Phase I projects.
               (Related Items: 12R-191, 12R-192, 12R-193)
               (Action Date: 08/20/12) (ADOPTED, 5-1; 
               CARROLL, EMERY, ESKRIDGE, HORNUNG, SCHIMEK ASSENTING,
               CAMP DISSENTING; A-86973)
               Fact Sheet (131K)

27)  12R-194   Approving an amendment to the Interlocal Agreement
               between the City of Lincoln and Lancaster County
               for a Communications Center to continue to serve
               the communications needs of the Lincoln Police
               Department, Lincoln Fire & Rescue, Lancaster
               County Sheriff's Office, and those rural Fire/EMS
               agencies with membership in the Lancaster County
               Mutual Aid Association. (CONT. P.H. TO 09/10/12,
               APPROVED, 6-0) 
               Fact Sheet (102K)
               Attachment (161K)

                  - END PUBLIC HEARING -


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

28)  12-98     Approving a Real Estate Sales Agreement
               between the City of Lincoln and Habitat for
               Humanity Inc. for the sale of City owned
               property generally located at 2445 N.W. 52nd
               Street for an amount of $20,000.00.
               (PASSED, 6-0; #19763)
               Fact Sheet (100K)
               Attachment (639K)

29)  12-99     Change of Zone 12022 - Amending Section
               27.07.030 of the Lincoln Municipal Code to
               allow as a temporary permitted conditional
               use of a building or premises in the AG
               Agriculture District, in addition to its main
               use, for any use approved by the Lancaster
               County Board of Commissioners by the granting
               of an amusement license for such use,
               provided said conditional use is limited to
               one event per calendar year.(PASSED, 6-0; #19764)
               Fact Sheet (22K)

30)  12R-182   Approving the Agreement Regarding the Annexation
               of Sky Ranch Acres between the City and Sky Ranch
               Acres Neighborhood Association for the development
               of 30.11 acres of property generally located at
               North 108th Street and Holdrege Street.
               (Related Items: 12R-182, 12-100) (Action Date:
               8/20/12) (MTA #1 ADOPTED, 6-0; ADOPTED AS AMENDED,
               6-0; A-86974)
               Fact Sheet (13K)
               Attachment (224K)
               Motion To Amend (857K)

31)  12-100    Annexation 10004 - Amending the Lincoln Corporate
               Limits Map by annexing approximately 37 acres
               generally located at North 108th Street and
               Holdrege Street. (Related Items: 12R-182, 
               12-100) (Action Date: 8/20/12)(PASSED, 6-0; #19765)
               Fact Sheet (4M)
               Attachment (123K)

32)  12-101    Change of Zone 05012A - Application of South
               Pointe Christian Church and Lincoln Storage/Wood
               Bridge Commercial Associates to amend the Wood
               Bridge Planned Unit Development to increase the
               mini-storage area from approximately 58,700 square
               feet to 84,500 square feet, on property generally
               located at Pine Lake Road and Helen Witt Drive.
               (PASSED, 6-0; #19766)
               Fact Sheet (5M)


RESOLUTION - ACTION ONLY

33)  12R-174   Action on the 1 & 6 Year Street & Highway Program,
               the 2012-2014 City of Lincoln Biennial Operating
               Budget and the Capital Improvement Program for FY
               2012-2014. (Action Date: 8/20/12)(MTA #1 ADOPTED,
               6-0; ADOPTED AS AMENDED, 5-1; CARROLL, EMERY, ESKRIDGE,
               HORNUNG, SCHIMEK ASSENTING, CAMP DISSENTING; A-86975)
               Substitute (6014K)


  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 34 AND 35 HAD 1ST READING)

34)  12-110    Authorizing the issuance, sale and delivery of
               parking revenue and refunding bonds of the City of
               Lincoln, Nebraska to pay the costs of an
               additional parking garage, to refund outstanding
               parking revenue bonds of the City and related
               matters.

35)  12-109    Amending Title 27 of the Lincoln Municipal Code to
               correct unintentional drafting errors and
               omissions resulting from the reformatting and
               streamlining changes to the Zoning Code as amended
               by Ordinance No. 19733, passed by the City Council
               on June 25, 2012.
               Fact Sheet (31K)


RESOLUTIONS - 1ST READINGB (ITEMS 36 THRU 41 HAD 1ST READING)

36)  12R-173   Approving a multi-year City of Lincoln
               Construction Management System Upgrade between the
               City of Lincoln and Aurigo Software Technologies,
               Inc. for its Engineering Services construction
               contract management software for a four year term. 
               Fact Sheet (8K)
               Attachment (1545K)

37)  12R-195   Approving Amendment to Bid No. 10-163 Contract
               Agreement between the City of Lincoln and Lincoln
               Winwater Works Company for the Annual Requirements
               of Fabricated Tapping Sleeves for an additional
               two year term.
               Fact Sheet (123K)
               Attachment (293K)

38)  12R-198   Approving Amendment to Bid No. 10-160 Contract
               Agreement between the City of Lincoln and Lincoln
               Winwater Works Company for the Annual Requirements
               of Clow Fire Hydrant Parts for an additional two
               year term.
               Fact Sheet (125K)
               Attachment (1672K)

39)  12R-196   Approving three Unit Price Contracts between the
               City of Lincoln, Lancaster County, Public Building
               Commission and MWE Services, Inc., NGC Group, Inc.
               and David Wood Construction, Inc. for General
               Construction Projects less than $25,000 pursuant
               to Bid No. 12-143 for four year terms.
               Fact Sheet (119K)
               Attachment (5223K)

40)  12R-197   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of August 1 - 15,
               2012.
               Fact Sheet (14K)
               Attachment (23K)

41)  12R-199   A resolution to approve the labor contract between
               the City of Lincoln and the Lincoln M Class
               Employees Association to be effective August 16,
               2012 through August 31, 2014.
               Fact Sheet (13K)
               Attachment (1115K)
               Attachment 2 - Redlined Version (120K)


PENDING LIST - DATE CERTAIN

42)  12-92     Amending Section 12.08.270 of the Lincoln
               Municipal Code relating to alcoholic liquor
               prohibited in parks to allow alcoholic
               beverages to be served and consumed at Auld
               Pavilion during periods that are subject to
               an agreement between the City and a private
               business for rental of the facility and
               catering related events. (8/6/12 - To have
               2nd Reading/P.H. on 9/10/12)
               Fact Sheet (204K)


PENDING LIST   (EXTENDED ONE WEEK)

43)  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)

44)  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)

45)  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)

46)  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)

47)            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)

48)  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)

49)  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)

50)  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 AUGUST ARE THE 13TH AND
     27TH.


ADJOURNMENT   4:52 P.M.

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