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Formal Agenda


              ACTION FROM THE  REGULAR CITY COUNCIL MEETING HELD
                     MONDAY, OCTOBER 1, 2012 AT 3:00 P.M.

                     ALL MEMBERS PRESENT EXCEPT CARROLL

            THE MEETINGS OF OCTOBER 8TH AND 29TH BEGIN AT 5:30 P.M.

                               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)            Report of Settlement Agreement under Neb. Rev.
               Stat. §84-713 (non-tort claims).
               (PLACED ON FILE)

 2)  12R-228   Appointing Luanne Finke to the Community
               Forestry Advisory Board for a term expiring
               August 14, 2014. (ADOPTED, 6-0; A-87017)
               Attachment (72K)

 3)  12R-229   Reappointing Larry Anderson to the Community
               Forestry Advisory Board for a term expiring
               August 17, 2015. (ADOPTED, 6-0; A-87018)

 4)  12R-240   Reappointing Douglas Ganz to the Community
               Health Endowment Board for a term expiring on
               September 1, 2015. (ADOPTED, 6-0; A-87019)

 5)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on September 17, 2012.
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 6)            Informal petition to create a paving district on
               1st Street, from P to Q Streets, and on Q
               Street, from 1st to 2nd Streets submitted by
               Pastor Tom Barber of People's City Mission.
               (REFERRED TO PUBLIC WORKS DEPT. ON 9/26/12)

 7)            Setting the hearing date of Monday, October 15,
               2012 at 3:00 p.m. for the application of
               Katharine E. Cloran dba Gratitude Café & Bakery
               for a Class I liquor license located at 1551
               North Cotner Boulevard. (ADOPTED, 6-0; A-87020)

 8)            Re-setting the hearing date of Monday, October
               15, 2012 at 3:00 p.m. for the application of
               Grandmothers, Inc. dba Don & Millie's for a
               Class I liquor license located at 8150 O Street.
               (ADOPTED, 6-0; A-87021)


 9)  MISCELLANEOUS  REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

10)            Manager application of Michael L. Starkey for
               Whitehead Oil Company dba U-Stop #3 at 610 South
               10th Street. (ADOPTION FOR APPROVAL, 3-3; CAMP, EMERY, 
               ESKRIDGE ASSENTING; COOK, HORNUNG, SCHIMEK DISSENTING; 
               DUE TO TIE VOTE, ACTION CARRIED OVER TO 10/8/12)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 11
THRU 18 HAD 2ND READING)

11)  12-121    Vacation 12005 - Vacating a 50' by 30' right-of-
               way stub in the northwest corner of Lot 1, Block 2,
               Thomasbrook Addition, generally located on
               the east side of South 56th Street at the
               intersection of Lillibridge Street.
               Fact Sheet (475K)

12)  12-123    Amending Chapter 5.41 of the Lincoln Municipal
               Code relating to Salvage, Recycling and
               Composting Operations by amending Section
               5.41.050 to increase related permit fees; and
               amending Section 5.41.060 to increase the annual
               occupation tax levied on salvage operations or
               commercial composting operations.
               Fact Sheet (100K)

13)  12-124    Amending Title 8 of the Lincoln Municipal Code
               relating to Health and Sanitation by amending
               Section 8.06.145 to increase the permit fee for
               open burning; amending Section 8.08.060 to
               increase the permit fees for a body art
               establishment; amending Section 8.08.150 to
               increase the permit fees for a body art
               practitioner; amending Section 8.08.350 to
               establish a reinstatement fee of $190 for a body
               art establishment permit and a set reinstatement
               fee of $40 for a practitioner permit; amending
               Section 8.14.037 to increase the permit fees
               associated with child care programs; amending
               Section 8.14.150 to establish a set
               reinstatement fee of $110 for a permit
               associated with child care programs; amending
               Section 8.20.050 to adopt the updated Nebraska
               Food Code; amending Section 8.20.150 to increase
               the permit fees associated with food
               establishments; amending Section 8.20.170 to
               establish a reinstatement fee of $240 for
               permits  associated with food service;  amending
               Section 8.24.150 to increase the permit fee for
               a variance to the provisions of LMC Section
               8.24.090 relating to noise disturbances;
               amending Section 8.38.090 to increase the permit
               fee for the operation of a Class A or Class B
               swimming pool; and amending Section 8.40.070 to
               increase the permit fees associated with the
               operation of spa facilities.
               Fact Sheet (119K)

14)  12-125    Amending Title 24 of the Lincoln Municipal Code
               relating to Plumbing and Sewers by amending
               Section 24.38.070 to increase the permit fees
               associated with on-site wastewater treatments
               systems.
               Fact Sheet (110K)

15)  12-127    Amending Chapter 8.32 of the Lincoln Municipal
               Code, Solid Wastes, to clarify that an
               occupation tax will not be charged on
               recyclables managed through a licensed Materials
               Recovery Facility.
               Fact Sheet (118K)

16)  12-128    Amending Chapter 24.42 of the Lincoln Municipal
               Code relating to Regulation of Property
               Transfers with On-site Systems to increase the
               fees for required services of reviewing private
               industry property transfer reports and
               conducting inspections, providing consultative
               assistance, and enforcement.
               Fact Sheet (115K)

17)  12-129    Amending Chapter 2.76 of the Lincoln Municipal
               Code relating to the City's Personnel System by
               adding a new section numbered 2.76.292 to
               regulate fundraising activities of city
               employees.
               Fact Sheet (14K)

18)  12-130    Vacation 12001 - Vacating various rights-of-way
               in the West Haymarket area generally bounded by
               U Street on the north, L Street on the south,
               4th Street on the west and 7th Street on the
               east, retaining title thereto in the City of
               Lincoln, declaring the vacated rights-of-way
               surplus and authorizing the conveyance thereof
               to the West Haymarket Joint Public Agency.   
               Fact Sheet (1754K)   
               Attachment (1530K)


PUBLIC HEARING - RESOLUTIONS

19)  12R-237   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of September 1 -
               15, 2012. (ADOPTED, 6-0; A-87022)
               Fact Sheet (10K)
               Attachment (23K)

20)  12R-238   Approving appropriations in the amount of
               $42,800.00 from the operation of keno lottery
               funds for various human services (round 36).
               (ADOPTED, 6-0; A-87023)
               Attachment (46K)
              
21)  12R-232   Approving an Interlocal Agreement between the
               City, Lancaster County and the Railroad
               Transportation Safety District to accept the
               transfer of RTSD Funding for the South Lincoln
               Quiet Zone and to accept City ownership and
               maintenance of the safety improvements, City
               Project No. 702618. (ADOPTED, 6-0; A-87024)
               Fact Sheet (13K)
               Attachment (396K)

22)  12R-233   Approving an Interlocal Agreement between the
               City and the Railroad Transportation Safety
               District to accept the transfer of RTSD Funding
               for the South Salt Creek Quiet Zone and to
               accept City ownership and maintenance of the
               safety improvements, City Project No. 702617.
               (ADOPTED, 6-0; A-87025)
               Fact Sheet (14K)
               Attachment (291K)

23)  12R-234   Approving an Interlocal Agreement between the
               City and the Railroad Transportation Safety
               District to accept the transfer of RTSD Funding
               for the SW 40th Street/BNSF Overpass and to
               acknowledge the paving of approximately 900 feet
               of SW 40th Street from West O Street to the
               south, City Project No. 700132.
               (ADOPTED, 6-0; A-87026)
               Fact Sheet (13K)
               Attachment (289K)

24)  12R-235   Waiver No. 12019 - Application of Life
               Tabernacle Church to waive the parking lot
               surfacing requirement, pursuant to Section
               27.67.100(c) of the Lincoln Municipal Code, on
               property generally located at North 1st Street
               and Adams Street. (ADOPTED, 6-0; A-87027)
               Fact Sheet (690K)

25)  12R-239   Authorizing an appropriation of $250,000 from
               the Fast Forward Fund to the Airport Authority
               as matching funds for road construction and
               installation of water and wastewater utilities
               for development of Airpark industrial property,
               pursuant to the Memorandum of Understanding
               between the City of Lincoln, the Airport
               Authority and the Lincoln Chamber Economic
               Development Corporation. (ADOPTED, 6-0; A-87028)
               Fact Sheet (12K)
               Attachment (1954K)

26)  12R-236   Assessing Public Health Nuisance Abatement costs
               associated with the clearing of public nuisances
               by the health Department to the following
               benefitted properties: 2327 S. 56th, 2203 S.
               8th, 1200 S. 16th, 1828 N, 1115 S. 14th, 6336
               Colfax, 3235 Starr, 1835 S. 11th, 936 N. 24th,
               2513 S. 10th, 1525 N. 28th, 1749 Euclid, 1020
               Sumner, 1531 S. 22nd, 341 D, 225 S. 30th.
               (ADOPTED, 6-0; A-87029)
               Fact Sheet (99K)
               Attachment (21867K)

27)  12R-230   Adopting fees to cover the expenses of
               conducting National Pollutant Discharge
               Elimination system (NPDES) stormwater permit
               compliance inspections at regulated industrial
               facilities by Health Department staff.
               (ADOPTED, 6-0; A-87030)
               Fact Sheet (111K)

28)  12R-231   Increasing fees for special waste permits as
               authorized under Chapter 8.32 of the Lincoln
               Municipal Code. (ADOPTED, 6-0; A-87031)
               Fact Sheet (112K)

29)  12R-241   Amending the Lincoln-Lancaster County Air
               Pollution Control Regulations and Standards to
               modify the annual fee structure for required
               services to business and industry.
               (ADOPTED, 6-0; A-87032)
               Fact Sheet (108K)
               Attachment (386K)

                      - END PUBLIC HEARING -


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

30)  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) (PASSED, 6-0; #19784)
               Fact Sheet (2802K)
               Attachment (337K)

31)  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) (ADOPTED, 6-0;
               A-87033)
               Fact Sheet (2177K)

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. (PASSED, 6-0; #19785)
               Fact Sheet (74K)


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 33 & 34 HAD 1ST READING)

33)  12-131    Amending the pay schedule for a certain employee
               group whose classifications are assigned to the
               pay range which is prefixed by the letter "N" by
               creating the classification of "Fire Air
               Technician."
               Fact Sheet (149K)
               Attachment (19K)

34)  12-132    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
               "E" to be effective August 16, 2012.
               Fact Sheet (151K)
               Attachment (265K)


RESOLUTIONS - 1ST READING (ITEMS 35 THRU 39 HAD 1ST READING)

35)  12R-242   Approving a Contract Agreement between the City
               of Lincoln, Lancaster County, and Lincoln-
               Lancaster County Public Building Commission and
               OfficeMax North America, Inc. for Digital Print
               and Copy Services for unit pricing under
               WSCA/State of Utah Contract No. MA041 for a term
               from the date of execution through March 31,
               2014 with the option to renew for two additional
               12-month terms.
               Fact Sheet (116K)
               Attachment (2484K)

36)  12R-243   Approving three Contract Agreements between the
               City of Lincoln, Lancaster County, and Lincoln-
               Lancaster County Public Building Commission and
               Midwest Roofing, Inc., Sprague Roofing Company,
               and Weathercraft Company of Lincoln for unit
               pricing Miscellaneous Roofing Services Bid No.
               12-186 for four year terms.
               Fact Sheet (131K)
               Attachment (3642K)
               Attachment (3576K)
               Attachment (3670K)

37)  12R-244   Approving six Contract Agreements between the
               City of Lincoln, Lancaster County, and Lincoln-
               Lancaster County Public Building Commission and
               Pavers, Inc., Cather & Son's Const., Inc.,
               Schmieding Concrete, Inc., K2 Construction,
               Walton Construction Co., Inc., and Dickey &
               Burham Inc. for unit pricing Contract for
               Pavement Bid No. 12-187 for four year terms.
               Fact Sheet (121K)
               Attachment (5121K)
               Attachment (5332K)
               Attachment (5358K)
               Attachment (5198K)
               Attachment (4932K)
               Attachment (5466K)

38)  12R-246   Approving a Contract Agreement between the City
               of Lincoln, Lancaster County, and Lincoln-
               Lancaster County Public Building Commission and
               David Wood Construction, Inc. for unit pricing
               Miscellaneous Painting Services Bid No. 12-189
               for a four year term.
               Fact Sheet (97K)
               Attachment (4596K)

39)  12R-245   Approving the labor contract between the City of
               Lincoln and the Lincoln City Employees
               Association (LCEA) to be effective August 16,
               2012 through August 31, 2014.
               Fact Sheet (93K)
               Attachment (1516K)
               Attachment (209K)

PENDING LIST - DATE CERTAIN

40)  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) (9/17/12 - P.H. con't to
               9/24/12) (9/24/12 - con't P.H. to 10/8/12)
               Fact Sheet (102K)
               Attachment (161K)


PENDING LIST   (EXTENDED ONE WEEK)

41)  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)

42)  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)

43)  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)

44)  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)

45)            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)

46)  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)

47)  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)

48)  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)

49)  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 OCTOBER ARE THE 8TH AND 29TH.


ADJOURNMENT   4:17 P.M.



                                  ***
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                     on 5 City-TV, Cable Channel 5.
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                            the Internet at:
                             lincoln.ne.gov
                              

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