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Formal Agenda


             ACTION FROM THE  REGULAR CITY COUNCIL MEETING HELD
                     MONDAY, OCTOBER 8, 2012 AT 5:30 P.M.

                            ALL MEMBERS PRESENT

           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)            Resolution approving the distribution of funds
               representing interest earnings on short-term
               investments of Idle Funds during the month ended
               August 31, 2012. (ADOPTED, 7-0; A-87034)

 2)            Resolution approving the City of Lincoln's
               Investment Activity Report from the City
               Treasurer for the Third Quarter, Fiscal Year
               2011-2012. (ADOPTED, 7-0; A-87035)

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

 4)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on September 24, 2012. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 5)            Setting the hearing date of Monday, October 22,
               2012 at 3:00 p.m. for the application of Block
               21, LLC dba Courtyard by Marriott for a Class C
               liquor license located at 808 R Street.
               (ADOPTED, 7-0; A-87036)

 6)            Setting the hearing date of Monday, October 22,
               2012 at 3:00 p.m. for the application of LAMI
               Enterprises, LLC dba Bottoms Up for a Class I
               liquor license located at 815 O Street, Suite 1.
               (ADOPTED, 7-0; A-87037)

 7)            Setting the hearing date of Monday, October 22,
               2012 at 3:00 p.m. for the application of Henry
               Mac, LLC dba Henry's on South for a Class C
               liquor license located at 2110 Winthrop Road.
               (ADOPTED, 7-0; A-87038)

 8)            REFERRALS TO THE PLANNING DEPARTMENT:
               Special Permit No. 1118A - Requested by
               Vindondale, Inc. for an amendment to alter an
               existing historic landmark into apartments with
               a request to waive the parking requirement on
               property generally located at South 18th Street
               and L Street (344 South 18th Street).

 9)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 12044 to
               Special Permit No. 05008, West Van Dorn Heights,
               approved by the Planning Director on September
               21, 2012 requested by ESP, Inc. to combine Lot
               1, Block 5 and Outlot A into a single buildable
               lot with building envelopes identified for one
               future dwelling unit and for recreational
               buildings and a note that the remainder of the
               lot is to have continued agricultural uses and
               to be reserved for future residential
               development on property generally located at SW
               70th Street and West Van Dorn Street.
               Administrative Amendment No. 12040 to
               Pre-Existing Special Permit No. 40 approved by
               the Planning Director on September 25, 2012
               requested by Edward's Stone to add buildings for
               a stone cutting operation to process stone
               quarried onsite and initial construction of
               9,000 square feet with future expansion to a
               total of 25,000 square feet with associated
               paved parking stalls on property generally
               located at S. 54th Street and Wittstruck Road.
               Waiver No. 12015 approved by the Planning
               Director on September 27, 2012 requested by
               Geanine Bordogna to extend the time for two
               years to install sidewalks for Park Place
               Estates 5th Addition. The improvements shall be
               completed by September 27, 2014. Property is
               generally located near Van Dorn Street and
               Normal Boulevard.
               Administrative Amendment No. 12050 to Use
               Permit No. 64A, Kensington Office Park, approved
               by the Planning Director on September 28, 2012
               requested by Kensington Corporation to increase
               the square footage from 5,400 to 7,200 square
               feet and to reduce the square footage on Lot 5
               by 1,800 square feet on property generally
               located at South 14th Street and Old Cheney
               Road.
               Administrative Amendment No. 12043 to Use
               Permit No. 97A, Aspen Commercial Center,
               approved by the Planning Director on October 1,
               2012 requested by Olsson Associates to amend the
               site plan to show a revised lot layout for Lots
               1-4 with a reallocation of approved floor area
               as reflected in the revised land use table but
               with no increase in the overall total amount of
               floor area or trip generation on property
               generally located near South 56th Street and
               Pine Lake Road.
               Administrative Amendment No. 12045 to
               Pre-Existing Use Permit No. 9S, Edgewood/Vandervoort,
               approved by the Planning Director on October 1, 2012 
               requested by Olsson Associates to show a revised 
               lot layout for Lot 9; to adjust the setback 
               between Lot 9 and the boundary of the use permit 
               from 50 feet to 45 feet; to revise the language 
               so it more clearly states that signs are as allowed 
               by the zoning code; and to note that the restriction 
               on building footprint does not apply to decks,
               patios and loading docks, on property generally
               located near South 56th Street and Highway 2.


10)  MISCELLANEOUS  REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

11)            Application of Talexmo LLC dba Woodees Bar for a
               Class C liquor license at 2001 West O Street.
               (ADOPTED FOR APPROVAL, 7-0; A-87039)

12)            Manager application of Heather M. Pavich for
               Talexmor LLC dba Woodees Bar at 2001 West O
               Street. (ADOPTED FOR APPROVAL, 7-0; A-87040)

13)            Application of Nebraska CVS Pharmacy, LLC, dba
               CVS Pharmacy #8294 for a Class C liquor license
               at 4808 O Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-87041)

14)            Manager application of Don D. Westerlin for
               Nebraska CVS Pharmacy, LLC, dba CVS Pharmacy
               #8294 at 4808 O Street. (ADOPTED FOR 
               APPROVAL, 7-0; A-87042)

15)            Application of Rickety Cricket LLC dba N Street
               Drive In for a Class C liquor license at 1801 O
               Street. (ADOPTED FOR APPROVAL, 7-0; A-87043)

16)            Manager application of Jamie Q. Tallman for
               Rickety Cricket LLC dba N Street Drive In at
               1801 O Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-87044)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 17 & 
18 HAD 2ND READING)

17)  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)

18)  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)


PUBLIC HEARING - RESOLUTIONS

19)  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)
               (PLACED ON INDEFINITE PENDING & TO HAVE P.H. 
               WHEN REMOVED FROM PENDING, 7-0)
               Fact Sheet (102K)
               Attachment (161K)

20)  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. (ADOPTED, 7-0; A-87045)
               Fact Sheet (116K)
               Attachment (2484K)

21)  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.
               (ADOPTED, 7-0; A-87046)
               Fact Sheet (131K)
               Attachment (3642K)
               Attachment (3576K)
               Attachment (3670K)

22)  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.
               (ADOPTED, 7-0; A-87047)
               Fact Sheet (121K)
               Attachment (5121K)
               Attachment (5332K)
               Attachment (5358K)
               Attachment (5198K)
               Attachment (4932K)
               Attachment (5466K)

23)  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. (ADOPTED, 7-0; A-87048)
               Fact Sheet (97K)
               Attachment (4596K)

24)  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. (ADOPTED, 5-2; 
               CARROLL, COOK, EMERY, ESKRIDGE, SCHIMEK ASSENTING; 
               CAMP, HORNUNG DISSENTING; A-87049)
               Fact Sheet (93K)
               Attachment (1516K)
               Attachment (209K)

                      - END PUBLIC HEARING -


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

25)  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.
               (PASSED, 7-0; #19786)
               Fact Sheet (475K)

26)  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.
               (PASSED, 6-1; CAMP, CARROLL, COOK, EMERY, 
               ESKRIDGE, SCHIMEK ASSENTING; HORNUNG DISSENTING; 
               #19787)
               Fact Sheet (100K)

27)  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. (PASSED, 7-0; 
               #19788)
               Fact Sheet (119K)

28)  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. (PASSED, 7-0; #19789)
               Fact Sheet (110K)

29)  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. (PASSED, 7-0; #19790)
               Fact Sheet (118K)

30)  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. (PASSED, 7-0; 
               #19791)
               Fact Sheet (115K)

31)  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. (ACTION DELAYED ONE WEEK TO 
               10/15/12, 7-0)
               Fact Sheet (14K)

32)  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.
               (PASSED, 7-0; #19792)
               Fact Sheet (1754K)   
               Attachment (1530K)


RESOLUTION - FOR ACTION ONLY

33)            Manager application of Michael L. Starkey for
               Whitehead Oil Company dba U-Stop #3 at 610 South
               10th Street. (10/1/12 - Due to tie vote, held
               over for Action to 10/8/12) (ADOPTED FOR APPROVAL, 6-1; 
               CAMP, CARROLL, COOK, EMERY, ESKRIDGE, SCHIMEK ASSENTING; 
               HORNUNG DISSENTING; A-87050)


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 & 
35 HAD 1ST READING)

34)  12-133    Vacation No. 11012 - Vacating North 44th Street
               from the south lot line of Lot 68 I.T. to the
               north line of Morton Street, generally located
               at North 44th Street and Superior Street.
               Fact Sheet (418K)

35)  12-134    Approving a Land Exchange Agreement between the
               City of Lincoln and Eighth & T, LLC, pertaining
               to the West Haymarket Arena Project and
               construction of the 10th Street and Salt Creek
               Street Improvement Project.
               Fact Sheet (91K)
               Attachment (1416K)


RESOLUTIONS - 1ST READING (ITEM 36 HAD 1ST READING)

36)  12R-247   Accepting the report of new and pending 
               claims against the City and approving 
               disposition of claims set forth for the 
               period of September 16 - 30, 2012.
               Fact Sheet (10K)
               Attachment (22K)


PENDING LIST - DATE CERTAIN


PENDING LIST   (EXTENDED ONE WEEK)

37)  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)

38)  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)

39)  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)

40)  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)

41)            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)

42)  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)

43)  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)

44)  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)

45)  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   6:15 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.
                                   ****
       The City Council Agenda and Action Sheet may be accessed on
                             the Internet at:
                              lincoln.ne.gov
                                

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