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Formal Agenda


             ACTION FROM THE  REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, DECEMBER 17, 2012 AT 5:30 P.M.

                      ALL MEMBERS PRESENT EXCEPT CAMP

                    THERE WILL BE NO MEETINGS THE WEEKS OF 
                    DECEMBER 24 AND 31 DUE TO THE HOLIDAYS

                       NEWLY ELECTED COUNCIL MEMBER
                      OATH OF OFFICE - LLOYD HINKLEY

                              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-297   Appointing Tracy Corr and Dennis D.
               Scheer to the Lincoln-Lancaster County
               Planning Commission for terms expiring
               August 24, 2017. (ADOPTED, 6-0; A-87137)
               Attachment (112K)

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


PETITIONS & COMMUNICATIONS

 3)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 12059 to
               Special Permit No. 1311, Sunrise Estates, approved
               by the Planning Director on December 5, 2012,
               requested by Sunrise Estates Community
               Association, to revise the site plan by
               eliminating the majority of outlots and
               incorporating them into adjacent lots, on property
               generally located at Holdrege St. and Linwood
               Lane.
               Administrative Amendment No. 12061 to
               Special Permit 277I, Pine Lake Community Unit
               Plan, approved by the Planning Director on
               December 7, 2012, requested by Benjamin and Ramzi
               Hynek, to adjust the side yard setback adjacent to
               the north lot line of Lot 25, Pine Lake Addition
               (6420 Westshore Drive), from 15 feet to 10 feet,
               with the condition that the adjustment applies
               only from the point of the addition nearest the
               front of the home to the rear lot line, on
               property generally located near S. 84th
               St. and Pine Lake Rd.


 4)  MISCELLANEOUS  REFERRALS - NONE 

                  - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 5)            Application of Sam's West, Inc. dba Sam's Club
               #4873 for a Class C liquor license at 8480
               Andermatt Drive.  (ADOPTED, 6-0; A-87138)

 6)            Manager application of Jonathan W. Rowe for Sam's
               West, Inc. dba Sam's Club #4873 at 8480 Andermatt
               Drive.  (ADOPTED, 6-0; A-87139)

 7)            Application of B & R  Stores, Inc. dba Super Saver
               #27 for a Class C liquor license at 840 Fallbrook
               Blvd.  (ADOPTED, 6-0; A-87140)

 8)            Manager application of Brian M. Hayes for B & R
               Stores, Inc. dba Super Saver #27 at 840 Fallbrook
               Blvd.  (ADOPTED, 6-0; A-87141)

 9)            Application of BBQ Luck, LLC dba Luckie's Lounge &
               BBQ for a Class C liquor license at 5250
               Cornhusker Highway.  (ADOPTED, 6-0; A-87142)

10)            Manager application of Jesse D. Osborne for BBQ
               Luck, LLC dba Luckie's Lounge & BBQ at 5250
               Cornhusker Highway.  (ADOPTED, 6-0; A-87143)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)

     NONE


PUBLIC HEARING - RESOLUTIONS

11)  12R-296   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of November 16-30,
               2012.  (MTA #1 ADOPTED, 6-0; ADOPTED AS AMENDED,
               6-0; A-87144)
               Fact Sheet (10K)
               Attachment (25K)

12)  12R-298   Approving a Cooperative Agreement between the
               Nebraska Department of Environmental Quality and
               the City of Lincoln regarding State of Nebraska
               grant funding from the Stormwater Management Plan.
               (ADOPTED, 6-0; A-87145)
               Fact Sheet (13K)
               Attachment (304K)

13)  12R-299   Approving the City of Lincoln Public Art Master
               Plan for works of art to be placed on City-owned
               property. (ADOPTED, 6-0; A-87146)
               Fact Sheet (137K)
               Attachment (9719K)

14)  12R-300   Approving a Memorandum of Agreement between the
               City of Lincoln and O.P.P.D. for fiber attachment
               points to poles to connect fiber cable at the well
               sites of the Lincoln Water System in Ashland.
               (ADOPTED, 6-0; A-87147)
               Fact Sheet (13K)
               Attachment (70451K)

                  - END PUBLIC HEARING -


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

15)  12-148    Repealing Ordinance No. 18002, passed on June 3,
               2002, establishing a voluntary utility billing
               donation program by users of electricity furnished
               by the Lincoln Electric System, known as Lincoln
               Cares. (PASSED, 6-0; #19812)
               Fact Sheet (121K)

16)  12-150    Annexation No. 12006 -  Amending the Lincoln
               Corporate Limits Map by annexing approximately 100
               acres generally located at North 84th Street and
               Havelock Avenue. (PASSED, 6-0; #19813)
               Fact Sheet (370K)
               Attachment (492K)

17)  12-151    Change of Zone No. 04075D - Application of Village
               Gardens Development Company, LLC, to amend the
               Village Gardens Planned Unit Development to expand
               the area by approximately two acres; for a change
               of zone from AG Agriculture District to R-3
               Residential District PUD on a portion of Outlot F,
               Village Meadows 3rd Addition; for a Planned Unit
               Development District designation of said property;
               and for a development plan with modifications to
               the Zoning Ordinance and Land Subdivision
               Ordinance to allow single family residential
               dwellings in the underlying R-3 zoned area
               generally located at South 62nd Street and
               Blanchard Boulevard. (PASSED, 6-0; #19814)
               Fact Sheet (643K)

18)  12-153    Technical Amendments Ordinance amending
               Chapter 2.02  of the Lincoln Municipal Code
               relating to Governmental Organization, Chapter
               2.14 relating to City Auditor, and Chapter 2.56
               relating to Restrictions on Participation in
               Lotteries by amending Section 2.02.050, the title
               of Chapter 2.14, and Sections 2.14.010, 2.14.020,
               2.14.030, 2.14.040, 2.14.050, 2.14.060, 2.14.070,
               2.14.080, and 2.56.030 to reflect the change of
               title of the position of City Auditor to City
               Controller; amending Chapter 2.16 of the Lincoln
               Municipal Code relating to City Treasurer by
               amending Sections 2.16.040, 2.16.050, and 2.16.060
               to change terminology to accord with modern
               practice and technology currently utilized by the
               City Treasurer; amending Chapter 3.04 of the
               Lincoln Municipal Code relating to Revenue and
               Finance General Provisions by amending Section
               3.04.010 to accord with the 2007 amendment of the
               Lincoln Charter by providing that payments of
               approved claims may be made by checks or warrants.
               (PASSED, 6-0; #19815)
               Fact Sheet (14K)

19)  12-154    Consent Amendments Ordinance amending
               Chapter 2.16 of the Lincoln Municipal Code
               relating to City Treasurer by amending Sections
               2.16.090 and 2.16.100 to revise duties to accord
               with modern practice and technology currently
               utilized by the City Treasurer; amending Chapter
               2.18 of the Lincoln Municipal Code relating to
               Purchasing Division by amending Sections 2.18.020
               and 2.18.030 to raise departmental authority to
               make direct purchases to accord with federal
               requirements; amending Chapter 2.20 of the Lincoln
               Municipal Code relating to Fire and Rescue
               Department by amending Section 2.20.150 to
               transfer authority for fire hydrant use from the
               Fire Chief to the Director of Public Works and
               Utilities; amending Chapter 5.04 of the Lincoln
               Municipal Code relating to Alcoholic Liquor by
               amending Section 5.04.062 to require an
               application for a Special Designated License that
               does not require Council approval to be filed at
               least 21 days before the event to meet deadlines
               established by the Nebraska State Liquor
               Commission; amending Chapter 8.26 of the Lincoln
               Municipal Code relating to Nuisances by amending
               Section 8.26.040 to provide that no report of
               clearing a nuisance shall be required when the
               property owner has paid the assessment for
               clearing the nuisance before September 1; amending
               Chapter 10.26 of the Lincoln Municipal Code
               relating to Arterial Streets by repealing Section
               10.26.136 to remove the designation of Forty-fifth
               Street as an arterial street, and amending Section
               10.26.360 to designate the portion of Folsom
               Street between Rosa Parks Way and Capitol Parkway
               West as an arterial street. (MTA #1 ADOPTED, 6-0; 
               PASSED AS AMENDED, 6-0; #19816)
               Fact Sheet (16K)
               Motion To Amend (36K)

20)  12-155    Technical Amendments Ordinance amending
               Chapter 2.20 of the Lincoln Municipal Code
               relating to the Fire and Rescue Department by
               amending Section 2.20.010 to update terminology to
               accord with current practice; amending Sections
               2.20.050 and 2.20.080 to provide that the Fire
               Officer in command has authority at the scene of
               an emergency; amending Section 2.20.060 to provide
               that members of Lincoln Fire and Rescue will
               protect residences as well as businesses; amending
               Section 2.20.070 to provide for personnel
               identification other than badges and disposition
               of identification upon leaving the Department;
               amending Chapter 7.06 of the Lincoln Municipal
               Code relating to Routine Ambulance Service by
               amending Section 7.06.010 to clarify that the
               Finance Director issues licenses for ambulance
               service; amending Section 7.06.070 to provide that
               providers of routine ambulance service shall
               comply with medical protocols; amending Sections
               7.06.090 and 7.06.100 to update terminology to
               accord with current practice; amending Chapter
               7.08 relating to Emergency Ambulance Service by
               amending Section 7.08.040 to clarify that
               prohibition of emergency ambulance service does
               not apply to Lincoln Fire and Rescue; and amending
               Section 7.08.050 to clarify the definition of
               life-threatening condition. (PASSED, 6-0; #19817)
               Fact Sheet (16K)

21)  12-156    Technical Amendments Ordinance amending
               Chapter 4.20 of the Lincoln Municipal Code,
               relating to the Library Board, by amending Section
               4.20.010 to remove provisions relating to the
               initial appointments of members to the Library
               Board, and amending Section 4.20.020 by removing
               obsolete language that made the Library Board
               responsible for functions that are now performed
               by the Purchasing Division; amending Chapter 8.32
               of the Lincoln Municipal Code, relating to Solid
               Wastes, by amending Section 8.32.150 to provide
               that increase in the occupation tax on solid
               wastes collected within the city limits, or
               collected outside the city limits and placed in
               public sanitary landfills, shall not take effect
               until September 1, 2013; amending Chapter 10.28 of
               the Lincoln Municipal Code relating to One-Way
               Street System by amending Section 10.28.020 to
               indicate that "P" Street is a two-way street
               between Tenth and Eleventh Streets; amending
               Chapter 12.04 of the Lincoln Municipal Code,
               relating to Parks and Recreation Advisory Board,
               by amending Section  12.04.020
               to revise language to accord with current
               activities and responsibilities of the Parks and
               Recreation Advisory Board; amending Chapter 12.08
               of the Lincoln Municipal Code, relating to General
               Rules and Regulations for Parks, by amending
               Section 12.08.140 to clarify the description of
               trailers that may not occupy parks during certain
               hours and amending Section 12.08.270 to reflect
               the re-naming of Lincoln Children's Zoo; amending
               Chapter 12.24 of the Lincoln Municipal Code,
               relating to Golf and Tennis under the Parks and
               Recreation Department, amending Chapter 12.28,
               relating to fishing in parks, and amending Chapter
               12.32 of the Lincoln Municipal Code, relating to 
               Boating in parks, by amending Sections 12.24.010, 
               12.24.020, 12.24.030, 12.24.060, 12.28.010, 12.28.040,
               and 12.32.040, to update language and the title of the
               Director of the Parks and Recreation Department,
               and to clarify procedures for approving and filing
               regulations; amending Chapter 12.36, relating to
               Folsom Children's Zoo, by amending the title of
               the chapter and Sections 12.36.010, 12.36.030,
               12.36.040, 12.36.060, 12.36.070, and 12.36.090 to
               reflect the re-naming of the zoo as Lincoln
               Children's Zoo, and updating the title of the
               Director of the Parks and Recreation Department.
              (MTA #1 ADOPTED, 6-0; PASSED AS AMENDED, 6-0; #19818)
               Fact Sheet (16K)
               Motion To Amend (6K)

22)  12-157    Consent Amendments Ordinance amending
               Chapter 12.08 of the Lincoln Municipal Code,
               relating to General Rules and Regulations for
               Parks, by amending Section 12.08.010 to define
               Hiker-Biker trail and Multi-use trails, and
               clarify that the definition of Roadway includes
               Multi-use trails, repealing Section 12.08.030 and
               12.08.040, to remove the authorization to permit
               use of snowmobiles in parks, amending Section
               12.08.060 by applying speed limits to multi-use
               trails, amending Section 12.08.070 to reflect the
               renaming of Bill Harris Park, clarifying that
               multi-use trails are open 24 hours a day and
               repealing the requirement that the Director of the
               Parks and Recreation Department report changes of
               park hours to the Parks and Recreation Advisory
               Board, amending Section 12.08.200 by providing
               that shooting model rockets and flying model
               aircraft are prohibited in parks, and amending
               Section 12.08.230, to provide that commercial
               activities may be permitted by the Director of the
               Parks and Recreation Department; amending Chapter
               12.12 of the Lincoln Municipal Code, relating to
               Policing Parks Outside City by repealing that
               chapter, consisting of Section 12.12.010; amending
               Chapter 12.20 of the Lincoln Municipal Code,
               relating to Trees and Shrubbery, by amending
               Section 12.20.025 to delete the requirement for
               annual reports on tree planting; amending Chapter
               12.32, relating to Boating in parks, by repealing
               Section 12.32.050 requirements for liability
               insurance for hauling passengers by boat for hire.
               (MTA #3 TO SPLIT 12R-157 ADOPTED, 6-0; BILL NO. 
               12-157A: MTA #4 ADOPTED, 6-0; MTA #5 ADOPTED, 6-0;
               PASSED AS AMENDED, 6-0; #19819; BILL NO. 12-157B:
               MOTION TO DELAY W/ ACTION ONLY TO 01/14/13 ADOPTED,6-0)
               Fact Sheet (16K)
               Motion To Amend (37K)
               Motion To Amend (36K)
               Motion To Amend (6K)
               Attachment (28K)
               Motion To Amend (37K)
               Motion To Amend (36K)
               Attachment (13K)

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)
(ITEM 23 HAD 1ST READING)

23)  12-158    Approving the First Amendment to Management
               Agreement between the City of Lincoln and SMG to
               amend the Management Agreement dated June 7, 2012
               to define pre-opening expenses and adopt a budget
               for pre-opening expenses, to modify and clarify
               SMG's insurance obligations as Reimbursable
               Expenses and to amend the commencement date of the
               term.
               Fact Sheet (12K)
               Attachment (457K)

RESOLUTIONS - 1ST READING

     NONE


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST   (SEE ITEMS 32 & 33)

24)  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)

25)  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)

26)  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)

27)  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)

28)            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)

29)  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)

30)  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)

31)  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)

32)  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)
               (WITHDRAWN, 6-0; #38-4627)
               Fact Sheet (204K)

33)  12R-293   Renaming Iron Horse Park generally located at 7th
               and Q Street as Bill Harris Park. (12/10/12 - 
               Placed on Indefinite Pending; to have P.H. 
               when removed from Pending) (WITHDRAWN, 6-0; 
               #38-4628)
               Fact Sheet (124K)



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. THERE WILL ONLY BE ONE
     OPEN MICROPHONE SESSION FOR THE MONTH OF DECEMBER WHICH IS
     DECEMBER 17TH AT 5:30 P.M.


ADJOURNMENT   5:36 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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