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Formal Agenda


            AGENDA FROM THE REGULAR CITY COUNCIL MEETING HELD
                 MONDAY, SEPTEMBER 10, 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)  12R-204   Appointing Carole Burt and Georgia Blobaum to
               the Community Health Endowment Board of Trustees
               for terms expiring September 1, 2015. 
               (ADOPTED, 7-0; A-86984)
               Attachment (138K)

 2)  12R-205   Reappointing Douglas Ganz and Dr. Michael Molvar
               to the Community Health Endowment Board of
               Trustees for terms expiring September 1, 2015. 
               (ADOPTED, 7-0; A-86985)

 3)  12R-206   Appointing Mike Lang to the District Energy
               Corporation for a term expiring December 31,
               2013. (ADOPTED, 7-0; A-86986)
               Attachment (61K)

 4)  12R-207   Reappointing Linda Carter and Michael DeKalb to
               the StarTran Advisory Board for terms expiring
               October 20, 2015. (ADOPTED, 7-0; A-86987)

 5)  12R-208   Reappointing Ashley McWilliams and Marty Ramirez
               to the Multicultural Advisory Committee for
               terms expiring September 18, 2015. 
               (ADOPTED, 7-0; A-86988)

 6)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on August 20, 2012. 
               (PLACED ON FILE)

 7)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on August 27, 2012. (PLACED ON FILE)

 8)            Report from the City Treasurer of City Cash on
               hand at the close of business July 31, 2012.
               (PLACED ON FILE)

 9)            Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for the month of January,
               2012. (PLACED ON FILE)

10)            Report from the City Treasurer of Franchise Tax
               for the months of November, 2011 - July, 2012
               from Black Hills/Nebraska Gas Utility Co., LLC.
               (PLACED ON FILE)

11)            Report from the City Treasurer of Franchise Fees
               from Time Warner Cable for the Quarter ending
               December 31, 2011. (PLACED ON FILE)

12)            Report from the City Treasurer of Franchise Fees
               from Time Warner Cable for the Quarter ending
               March 31, 2012. (PLACED ON FILE)

13)            Report from the City Treasurer of PEG Fees for
               December 2011. (PLACED ON FILE)

14)            Report from the City Treasurer of PEG Fees for
               the Quarter ending March 31, 2012.
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

15)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 12033 to Change
               of Zone No. 05054A, Prairie Village North
               Planned Unit Development, approved by the
               Planning Director on August 24, 2012, requested
               by Legacy Homes, LLC, to revise the location of
               Windmill Drive and the site layout for a
               convenience store south of Windmill Drive, on
               property generally located southeast of N. 84th
               St. and Windmill Dr.
               Administrative Amendment No. 12041 to
               Special Permit No. 1557, Northridge Heights,
               approved by the Planning Director on August 29,
               2012, requested by Dave Egge, to reduce the rear
               yard setback to 17 feet on Lot 19, Block 1, for
               a 10' x 14' addition, on property located at
               3210 Prairieview Dr.

16)            REFERRED TO THE PLANNING DEPARTMENT:
               Change of Zone No. 12028 - Requested by Park
               Ridge Apartment Too, LLC., from R-2 Residential
               District to R-4 Residential District, on
               property legally described as Lot 72, I.T.,
               located in the SW 1/4 of Section 27-10-6,
               Lancaster County, Nebraska, generally located at
               720 West C Street.
               Special Permit No. 1733E - Requested by
               Park Ridge Apartment Too, LLC., for an amendment
               to the Muff 3rd Addition Community Unit Plan, to
               add a 1.41 acre parcel to allow an additional 24
               multiple-family dwelling units, on property
               legally described as Lot 72 I.T., located in the
               SW 1/4 of Section 27-10-6, Lancaster County,
               Nebraska, generally located at 720 West C
               Street. The Planning Commission action is final
               action, unless appealed to the City Council.
               Special Permit No. 12031 - Requested by
               Bob Hanks, for the expansion of a nonconforming
               use to allow alcohol for consumption on the
               premises in an outdoor seating area on property
               legally described as the southeast 1.12 acre
               part of Lot 1, Block 2, Highland North, located
               in the NW 1/4 of Section 3-10-6, Lancaster
               County, Nebraska, generally located at W.
               Fletcher Avenue and NW 1st Street. The Planning
               Commission action is final action, unless
               appealed to the City Council.


17)  MISCELLANEOUS  REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 18 THRU 26 HAD 2ND READING) (SEE ITEM 18)

18)  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)(PLACED ON INDEFINITE
               PENDING; APPROVED, 6-0; COOK ABSENT)
               Fact Sheet (204K)

19)  12-103    Comprehensive Plan Conformance 11011 - Declaring
               approximately 1.38 acres of property generally
               located at South 23rd Street and N Street as 
               surplus property (Related: 12-103, 12-102)
               (Action Date: 9/17/12)
               Fact Sheet (239K)

20)  12-102    Approving an Interlocal Agreement between the
               City and Lancaster County School District 001 to
               transfer ownership of land at 25th and N Streets
               to Lincoln Public Schools and to develop and 
               manage a shared parking lot on the subject site.
               (Related: 12-103, 12-102)(Action Date: 9/17/12)
               Fact Sheet (119K)
               Attachment (2477K)

21)  12-111    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
               "M" to be effective August 16, 2012.
               Fact Sheet (161K)
               Attachment (245K)

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. (8/20/12 - To have
               2nd Reading/P.H. on 9/10/12)(Action Date: 9/17/12)
               (Related: 12-105, 12-112, 12R-212, 12R-210, 12R-211)
               (Action Date: 9/17/12)
               Fact Sheet (584K)

23)  12-112    Vacation 12004 - Vacating North 35th Street 
               between Holdrege Street and Starr Street and 
               the east 200 feet of the east-west alley 
               between North 34th Street and North 35th
               Street. (Related: 12-105, 12-112, 12R-212, 
               12R-210, 12R-211)(Action Date: 9/17/12)
               Fact Sheet (604K)

24)  12R-212   Approving the request of Kinport Corporation for
               a Deviation from the Access Management Policy to
               allow the removal of the right turn lane in
               Holdrege Street at 35th Street. (Related: 12-105,
               12-112, 12R-212, 12R-210, 12R-211)
               (Action Date: 9/17/12)
               Fact Sheet (17K)
               Attachment (531K)

25)  12R-210   Approving the Holdrege/Idylwild Redevelopment
               Agreement between the City, Kappa Foundation and
               Kinport Corporation relating to the
               redevelopment of property generally located
               between North 34th Street and North 37th Street
               on Holdrege Street. (Related: 12-105, 12-112, 
               12R-212, 12R-210, 12R-211) (Action Date: 9/17/12)
               Fact Sheet (148K)
               Attachment (848K)

26)  12R-211   Amending the FY 12/13 CIP to authorize and
               appropriate $1,127,413 in TIF funds for
               Holdrege/Idlywild projects. (Related: 12-105,
               12-112, 12R-212, 12R-210, 12R-211)
               (Action Date: 9/17/12)
               Fact Sheet (117K)


PUBLIC HEARING - RESOLUTIONS

27)  12R-201   Approving an Amendment to Bid No. 10-162 for
               the Annual Requirements of Butterfly Valves
               Agreement between the City of Lincoln and M & H
               Valve Co. to extend the term for one additional
               two-year term from August 1, 2012 through July
               31, 2014. (ADOPTED, 7-0; A-86989)
               Fact Sheet (118K)
               Attachment (94K)

28)  12R-202   Approving Contract Agreements between the City
               of Lincoln, Lancaster County, the
               Lincoln-Lancaster County Public Building
               Commission, and Gregg Electric Company,
               Progressive Electric, Willmar Electric Service
               and Hy-Electric, Inc. for unit price electrical
               services, pursuant to bid No. 12-177, for
               four-year terms. (ADOPTED, 7-0; A-86990)
               Fact Sheet (115K)
               Attachment (18938K)

29)  12R-203   Approving Contract Agreements between the City
               of Lincoln, Lancaster County, the
               Lincoln-Lancaster County Public Building
               Commission, and MWE Services, Inc., Mid Nebraska
               Grading & Demolition, Inc. and LeGrande
               Excavating, Inc. for unit price Demolition
               services, pursuant to bid No. 12-149, for
               four-year terms. (ADOPTED, 7-0; A-86991)
               Fact Sheet (118K)
               Attachment (13692K)

30)  12R-209   Approving a Project Programming Agreement
               between the City of Lincoln and the Nebraska
               Department of Roads to establish various duties
               and funding responsibilities for a Federal Aid
               Project for construction of the SW 40th viaduct
               over BNSF and Middle Creek. (ADOPTED, 7-0; A-86992)
               Fact Sheet (12K)
               Attachment (1352K)

31)  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.
               (8/20/12 - P.H. con't to 9/10/12)
               (CONT. P.H./2ND READING TO 9/17/12,
               APPROVED, 6-0; COOK ABSENT)
               Fact Sheet (102K)
               Attachment (161K)

                      - END PUBLIC HEARING -

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

32)  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. (MTA #1 ADOPTED, 7-0; PASSED AS AMENDED,
               7-0; #19772)

33)  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. (PASSED, 7-0;
               #19773)
               Fact Sheet (31K)


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 THRU 40 HAD 1ST READING)

34)  12-113    Authorizing the issuance, sale and delivery of
               Holdrege/Idylwild Redevelopment Project Tax
               Allocation Bonds of the City of Lincoln,
               Nebraska.

35)  12-114    Authorizing the execution and delivery of a
               First Amendment to Loan Agreement among the City
               of Lincoln, Nebraska, The Dairy House, LLC, and
               Pinnacle Bank, and related documents.
               (Related: 12-114, 12R-221)
               (Action Date: 9/24/12)

36)  12R-221   Approving Amendment No. 2 to the Redevelopment
               Agreement (Telesis/Dairy House Project) between
               the Dairy House LLC and the City of Lincoln for
               a change of the Building Condominium Units in
               Phase One and the corresponding change to the
               legal description for the Redevelopment Project
               Site. (Related: 12-114, 12R-221)
               (Action Date: 9/24/12)
               Fact Sheet (24K)
               Attachment (48K)

37)  12R-219   Approving Amendment No. 1 to the Highway 77 &
               Warlick Boulevard Conditional Annexation and
               Zoning Agreement between the City of Lincoln and
               Dial-Hwy 77, LLC, Great Western Bank, Southport
               Ventures Company, LLC, Spangles, LLC, Austin
               Realty Company, LeGrande Excavating, Inc., and
               Norman H. LeGrande, to amend the Southwest
               Village PUD site plan on property generally
               located at Highway 77 and Warlick Boulevard and
               to clarify the requirements for construction of
               infrastructure improvements to serve the PUD.
               (Related Items: 12R-219, 12-115)
               (Action Date: 9/24/12)
               Fact Sheet (12K)
               Attachment (1290K)

38)  12-115    Change of Zone 05061A - Application of Horsemans
               Benevolent & Protection Association to amend the
               Southwest Village Planned Unit Development to
               show a horse race course, simulcast facility,
               barns and accessory buildings to the southwest
               of 1st Street and West Denton Road; to allow all
               B-2 zoning district conditional and special
               permitted uses as permitted uses; and to waive
               the requirement for 1st Street to be paved prior
               to the race course construction, on property
               generally located at Highway 77 and West Denton
               Road. (Related Items: 12R-219, 12-115)
               (Action Date: 9/24/12)
               Fact Sheet (19590K)

39)  12-116    Change of Zone 12023 - Application of Tackroom
               Properties, LLC for a change of zone from H-3
               Highway Commercial District to I-1 Industrial
               District on property generally located at North
               14th Street and Cornhusker Highway.
               Fact Sheet (1412K)

40)  12-117    Change of Zone 12024 - Application of the
               Lincoln Community Playhouse for a change of zone
               from R-2 Residential District and R-3
               Residential District to O-3 Office Park District
               PUD for the Lincoln Community Playhouse Planned
               Unit Development and for approval of a
               development plan for 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, on property generally located
               at South 56th Street and Lillibridge Street.
               Fact Sheet (532K)


               A SPECIAL PUBLIC HEARING SHALL BE HELD ON 
     MONDAY, SEPTEMBER 17, 2012, AT 3:00 P.M. OR AS SOON THEREAFTER
                AS POSSIBLE ON THE FOLLOWING RESOLUTION

41)  12R-213   Approving the 2012-2013 City tax rate of .31580
               per $100.00 of assessed valuation.
               Fact Sheet (82K)


RESOLUTIONS - 1ST READING (ITEMS 42 THRU 47 HAD 1ST READING)

42)  12R-220   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of August 16 -
               31, 2012.
               Fact Sheet (10K)
               Attachment (22K)

43)  12R-214   Approving four Contract Agreements between the
               City and Husker Car Wash, Inc., JetSplash Full
               Service Car Wash, West "O" Super Wash, and
               Randolph Carwash, Inc. for the annual
               requirements for Vehicle Washes and Related
               Services, pursuant to Quote No. 4083, for
               four-year terms.
               Fact Sheet (271K)
               Attachment (6100K)

44)  12R-215   Approving the labor contract between the City of
               Lincoln and the Police Union to be effective
               August 16, 2012 through August 31, 2014.
               Fact Sheet (86K)
               Attachment (266K)
               Attachment - Redlined Version (272K)

45)  12R-216   Comp. Plan Conformance 12011 -  Approving an
               amendment to the Lincoln Center Redevelopment
               Plan to add the "3 Landmark Centre Redevelopment
               Project" for a new office building and parking
               garage on Block 120, Original Plat of Lincoln,
               and adjacent right-of-way and to revise the
               Lincoln Mall Capitol Environs Redevelopment
               Project boundary to remove the south half of
               Block 120, generally located between Lincoln
               Mall, K Street, South 11th Street and South 12th
               Street.
               Fact Sheet (2610K)
               Attachment (3029K)

46)  12R-217   Waiver 12013 - Appeal of Anne Cech from the
               Planning Commission denial of her request to
               waive the requirement of § 26.23.095 of the
               Land Subdivision Ordinance to install a sidewalk
               along the east side of Clifford Drive abutting
               4010 Clifford Drive, generally located northeast
               of the intersection of South 40th Street and
               Pioneers Boulevard.
               Fact Sheet (822K)

47)  12R-218   Combined Special Permit/Use Permit 13A -
               Application of BryanLGH Medical Center to modify
               the sign package approved as part of the
               combined permit for the health care facility to
               allow an additional center identification sign
               at the corner of South 40th Street and Pine Lake
               Road.
               Fact Sheet (3482K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

48)  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)

49)  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)

50)  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)

51)  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)

52)            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)

53)  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)

54)  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)

55)  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 SEPTEMBER ARE THE 10TH AND 24TH.


ADJOURNMENT    4:47 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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