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Formal Agenda


           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                 MONDAY, SEPTEMBER 17, 2012 AT 3:00 P.M.

                          ALL MEMBERS PRESENT

                            PUBLIC HEARING
                            CONSENT AGENDA

                      MAYOR'S AWARD OF EXCELLENCE
              FOR THE MONTH OF AUGUST 2012 WAS PRESENTED TO
            BRET DAVIS, CAPTAIN FOR FIRE EMERGENCY SERVICES OF
                 LINCOLN FIRE & RESCUE IN THE CATEGORIES OF
                    CUSTOMER RELATIONS AND PRODUCTIVITY

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


REPORTS OF CITY OFFICERS

     NONE


PETITIONS & COMMUNICATIONS

 1)            Setting the hearing date of Monday, October 1,
               2012 at 3:00 p.m. for the manager application of
               Michael L. Starkey for Whitehead Oil Company dba
               U-Stop #3 located at 610 S. 10th Street.
               (ADOPTED, 7-0; A-86993)


 2)  MISCELLANEOUS  REFERRALS - NONE


                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 3)            Application of Tack Room Inc./Tack Room
               Properties, LLC for a special designated liquor
               license in an outdoor area measuring
               approximately 60 feet by 90 feet to the south of
               its licensed premises at 1445 Cornhusker Highway
               on October 13, 2012 from 5:30 p.m. to 2:00 a.m.
               (Request to delay action to 9/24/12)
               (See 12-116)(DELAYED ONE WEEK TO 9/24/12
               FOR ACTION ONLY, 7-0)

 4)            Application of WMJD, LLC dba Single Barrel for a
               special designated liquor license in an outdoor
               area measuring approximately 18 feet by 120 feet
               to the east of its licensed premises at 130
               North 10th Street on September 29, 2012 from
               8:00 a.m. to 12:00 a.m. (ADOPTED FOR APPROVAL,
               7-0; A-86994)

 5)            Application of Lami Enterprises, LLC dba
               Guesthouse Inn for a special designated license
               to cover an area measuring 31 feet by 130 feet
               at 815 O Street on September 22, 2012 from 10:00
               a.m. to 2:00 a.m. (WITHDRAWN, 7-0; #38-4624)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 6
THRU 12 HAD 2ND READING)

Item #31 (Bill No. 12-119) may have Public Hearing on this date;
requires a 2/3 vote of Council

 6)  12-113    Authorizing the issuance, sale and delivery of
               Holdrege/Idylwild Redevelopment Project Tax
               Allocation Bonds of the City of Lincoln,
               Nebraska.

 7)  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)

 8)  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 (388K)
              
 9)  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)

10)  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)
               Motion To Amend (7K)

11)  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)

12)  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:  BILL NO. 12R-213

13)  12R-213   Approving the 2012-2013 City tax rate of .31580
               per $100.00 of assessed valuation. (ADOPTED, 7-0; A-86995)


PUBLIC HEARING - RESOLUTIONS

14)  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. (CAMP SPLIT THE QUESTION.
               BRIARHURST HOA CLAIM ADOPTED AS DENIED BY
               LAW DEPT., 5-2; CARROLL, COOK, EMERY, ESKRIDGE,
               SCHIMEK ASSENTING; CAMP, HORNUNG DISSENTING;
               ALL OTHER CLAIMS ADOPTED, 7-0; A-86996)
               Fact Sheet (10K)
               Attachment (22K)

15)  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. (ADOPTED, 7-0; A-86997)
               Fact Sheet (271K)
               Attachment (6100K)

16)  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.
               (ADOPTED, 7-0; A-86998)
               Fact Sheet (86K)
               Attachment (266K)
               Attachment - Redlined Version (272K)

17)  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. (ADOPTED, 7-0; A-86999)
               Fact Sheet (2610K)
               Attachment (3029K)
               Attachment 2 (1887K)

18)  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. (ADOPTED, 4-3; CARROLL,
               COOK, ESKRIDGE, SCHIMEK ASSENTING; CAMP, EMERY,
               HORNUNG DISSENTING; A-87000)
               Fact Sheet (822K)

19)  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. (ADOPTED, 7-0; A-87001)
               Fact Sheet (3482K)

20)  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)
               (9/10/12 - Con't P.H. to 9/17/12)
               (CON'T P.H. ONE WEEK TO 9/24/12, 7-0)
               Fact Sheet (102K)
               Attachment (161K)

                      - END PUBLIC HEARING -


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

21)  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) (PASSED, 7-0; #19774)
               Fact Sheet (239K)

22)  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)
               (PASSED, 7-0; #19775)
               Fact Sheet (119K)
               Attachment (2477K)

23)  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.
               (PASSED, 7-0; #19776)
               Fact Sheet (161K)
               Attachment (245K)

24)  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)
               (PASSED, 7-0; #19777)
               Fact Sheet (584K)

25)  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)
               (PASSED, 7-0; #19778)
               Fact Sheet (604K)

26)  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)
               (ADOPTED, 7-0; A-87002)
               Fact Sheet (17K)
               Attachment (531K)

27)  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)
               (ADOPTED, 7-0; A-87003)
               Fact Sheet (148K)
               Attachment (848K)

28)  12R-211   Amending the FY 12/13 CIP to authorize and
               appropriate $1,127,413 in TIF funds for
               Holdrege/Idylwild projects. (Related: 12-105,
               12-112, 12R-212, 12R-210, 12R-211) (Action Date:
               9/17/12) (ADOPTED, 7-0; A-87004)
               Fact Sheet (117K)

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 29
THRU 32 HAD 1ST READING)

29)  12-118    Change of Zone 12026 - Application of
               NeighborWorks Lincoln for a change of zone from
               R-6 Residential District to R-6 Residential
               District with a Landmark Overlay to designate
               the Dr. O.C. Reynolds House as a landmark on
               property generally located at 2530 Q Street.
               (Related Items: 12-118, 12R-222)
               (Action Date: 10/1/12)
               Fact Sheet (2802K)
               Attachment (337K)

30)  12R-222   Special Permit 12030 - Application of
               NeighborWorks Lincoln to permit the use of a
               designated landmark for offices, education
               center and meeting space and to modify the front
               and rear yard setbacks on property generally
               located at 2530 Q Street. (Related Items: 12-118,
               12R-222) (Action Date: 10/1/12)
               Fact Sheet (2177K)

31)  12-119    Amending Title 17 of the Lincoln Municipal Code
               relating to Water by amending Section 17.26.010,
               Emergency Restrictions, to provide that a
               violation of the section shall be an infraction
               and to provide the penalty therefor; amending
               Section 17.62.010, Penalties, to provide that
               the penalties in Section 17.62.010 shall apply
               to all violations of Title 17 unless otherwise
               stated. (Request to combine 1st, 2nd, 3rd 
               Readings w/P.H. 9/17/12)
               Fact Sheet (74K)

32)  12-122    Amending Title 14 of the Lincoln Municipal Code
               relating to Public Property and Public Ways by
               adding a new Chapter 14.34 entitled "Film
               Permits" to create an efficient process for
               issuing permits for filming operations within
               the City of Lincoln.
               Fact Sheet (74K)


RESOLUTIONS - 1ST READING (ITEMS 33 THRU 37 HAD 1ST READING)

33)  12R-223   Approving an Interlocal Agreement between the
               City of Lincoln and Butler County, Nebraska for
               the operation, management, support, monitoring
               and evaluation of the Butler Senior Services
               Program through the Lincoln Area Agency of
               Aging's community aging service programs.
               Fact Sheet (98K)
               Attachment (2153K)

34)  12R-224   Approving an Interlocal Agreement between the
               City of Lincoln, on behalf of the Lincoln-
               Lancaster County Health Department, and
               Lancaster County, on behalf of the Lancaster
               County Corrections Community Service Program, to
               provide roadside litter pickup along County
               roads for the Health Department for a term of
               April 15, 2012 through December 15, 2012.
               Fact Sheet (87K)
               Attachment (352K)

35)  12R-225   Authorizing and supporting the County of
               Lancaster's application to the State of Nebraska
               Game and Parks Commission for financial
               assistance from the Recreational Trails Program
               for replacing the Wilderness Park Bike Bridge
               located between Old Cheney Road and Pioneers
               Boulevard.
               Fact Sheet (110K)

36)  12R-226   Approving an extension of the term of an
               Interlocal Agreement between the City of Lincoln
               and the Lincoln-Lancaster County Public Building
               Commission through December 29, 2012, for the
               installation of a solar renewable energy rooftop
               array on the Lincoln Police Department Center
               Team headquarters building at 1501 North 27th
               Street, utilizing federal Energy Efficiency and
               Conservation Block Grant funds.
               Fact Sheet (123K)
               Attachment (68K)

37)  12R-227   Approving a Memorandum of Agreement Regarding
               Establishing and Funding of the Endowment for
               Idylwild Park and Medians between Sam
               Properties, Inc. and the City of Lincoln which
               provides for the establishment of an endowment
               fund to fund major repairs, replacements,
               renovation and regular maintenance for Idylwild
               Park generally located at the intersection of
               Idylwild Drive and Apple Street and the Idylwild
               Drive Medians.
               Fact Sheet (100K)
               Attachment (15K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

38)  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)

39)  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)

40)  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)

41)  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)

42)            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)

43)  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)

44)  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)

45)  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)

46)  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)
               (9/10/12 - Placed on Indefinite Pending)
               Fact Sheet (204K)


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   4:54 P.M.




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