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Formal Agenda


           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                  MONDAY, JANUARY 7, 2013 AT 3:00 P.M.

                         ALL MEMBERS PRESENT

             THERE WILL BE NO MEETING THE WEEK OF JANUARY 21
                    MARTIN LUTHER KING DAY OBSERVED

                      MAYOR'S AWARD OF EXCELLENCE
            FOR THE MONTH OF NOVEMBER 2012 WAS PRESENTED TO A
       TEAM OF BALLARD POOL LIFEGUARDS FROM THE PARKS & RECREATION
              AQUATICS DIVISION CONSISTING OF HARMONY JONES,
             AMANDA LAURENCEAU, MOLLY SHIELDS AND DYLAN WOLDT
            IN THE CATEGORIES OF CUSTOMER RELATIONS AND VALOR


                           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 City of Lincoln's
               Investment Activity Report from the City
               Treasurer for the Fiscal Year 2011-2012.
               (ADOPTED, 7-0; A-87148)

 2)            Resolution approving the distribution of funds
               representing interest earnings on short-term
               investments of Idle Funds during the month ended
               November 30, 2012. (ADOPTED, 7-0; A-87149)

 3)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on December 10, 2012. (PLACED ON FILE)

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

 5)            Report from City Treasurer of franchise tax for
               the months of August through November, 2012 from
               Black Hills/Nebraska Gas Utility Co., LLC. 
               (PLACED ON FILE)

 6)            Report from City Treasurer of City Cash on hand
               at the close of business November 30, 2012. 
               (PLACED ON FILE)

 7)            Report from City Treasurer of E911 Surcharge for
               the time period July 1, 2012 through November
               30, 2012. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 8)            Setting the hearing date of Monday, January 28,
               2013 at 5:30 p.m. for the application of
               Overlord, LLC dba Bunners for a Class I liquor
               license located at 2785 S. 17th Street.
               (ADOPTED, 7-0; A-87150)

 9)            Setting the hearing date of Monday, January 28,
               2013 at 5:30 p.m. for the application of Napoli,
               LLC dba Florio's Italian Steakhouse and Lounge
               for a Class I liquor license located at 8701
               Andermatt Drive. (ADOPTED, 7-0; A-87151)

10)            Setting the hearing date of Monday, January 28,
               2013 at 5:30 p.m. for the application of CCW,
               LLC dba HuHot Mongolian Grill for a Class I
               liquor license located at 2525 Pine Lake Road,
               Suite 200. (ADOPTED, 7-0; A-87152)

11)            Setting the hearing date of Monday, January 28,
               2013 at 5:30 p.m. for the application of Selama,
               LLC dba Kong's Liquor for a Class D liquor
               license located at 1401 N. 56th Street.
               (ADOPTED, 7-0; A-87153)

12)            REFERRALS TO THE PLANNING DEPARTMENT:
               Change of Zone No. 10014A - Requested by
               Olsson Associates for an amendment to the
               Northwoods Plaza Planned Unit Development to
               allow 150 dwelling units and 176,900 square feet
               of commercial floor area in the underlying B-2
               zoned area on property generally located at N.
               84th Street and Holdrege Street.
               Change of Zone No. 12033 - Requested by
               the Director of Planning amending Title 27 of
               the Lincoln Municipal Code (Zoning Ordinance) to
               reformat Chapter 27.72 (Height and Lot
               Regulations) and to include regulations that
               were not carried over from Chapter 27.71 to
               27.72; to provide clarification as to how uses
               are regulated by amending Chapters 27.02
               Definitions, 27.06 Use Groups, 27.39 H-1
               Interstate Commercial District, 27.62
               Conditional Uses, 27.63 Special Permits, 27.69
               Signs, 27.72 Height and Lot Regulations.
               Change of Zone No. 12039 - Requested by
               the Director of Parks and Recreation from P
               Public Use District to R-2 Residential District
               on property generally located West B Street and
               S. Folsom Street.
               Special Permit No. 12038 - Requested by
               Abby Normal, LLC for the authority to sell
               alcoholic beverages for consumption on and off
               the premises on property generally located at N.
               70th Street and Vine Street (836 N. 70th
               Street).
               Special Permit No. 12039 - Requested by
               Pastor Jeremy Penrod for construction of a
               parking lot in a residential district with a
               reduction of the front yard setback on property
               generally located at S. 49th Street and Randolph
               Street.

13)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 12047 to
               Special Permit No. 06014, Southlake Community
               Unit Plan, approved by the Planning Director on
               December 11, 2012 requested by Olsson Associates
               to revise the lot and street layout from 68
               attached single-family dwelling lots to 34
               detached single-family dwelling lots on two cul-
               de-sacs on property generally located near S.
               98th St. and Andermatt Drive.
               Administrative Amendment No. 12060 to
               Preliminary Plat No. 99028, Lincoln Ballpark,
               approved by the Planning Director on December
               12, 2012 requested by the City of Lincoln to
               revise the grading and drainage plan to update
               the flood storage sites and calculations by
               adding Site "E" to the Mitigation Map and
               revising the Flood Storage Mitigation Table on
               property generally located at Sun Valley Blvd.
               and Line Drive.
               Administrative Amendment No. 11066 to
               Special Permit No. 1812 approved by the Planning
               Director on December 14, 2012 requested by J.
               Michael Rierden to revise the site plan to show
               an approximately 15' x 7' generator building to
               a wireless tower on property generally located
               near N. 11th Street and Oak Street.
               Administrative Amendment No. 12063 to
               Special Permit No. 12003, Market Garden,
               approved by the Planning Director on December
               17, 2012 requested by Jerry and Renee Cornett to
               add as Sheet 1A a "Phase 1" site plan that
               retains the existing 2,400 square foot home to
               be remodeled as a restaurant and produce
               processing area and to reduce the parking to 10
               stalls with an additional paved ADA stall while
               retaining the right to build to the original
               Sheet 1 site plan as a "Phase 2" on property
               generally located at N. 112th Street and
               Branched Oak Road.
               Administrative Amendment No. 12020 to
               Change of Zone No. 05068B, The Woodlands at
               Yankee Hill Planned Unit Development, approved
               by the Planning Director on December 21, 2012
               requested by Lewis-Starostka, Inc. to revise the
               lot layout for Lots 1-3, Block 41, from three
               lots to ten lots and an outlot and revising the
               land use table accordingly on property generally
               located near S. 70th Street and Countryview
               Road.
               Administrative Amendment No. 12062 to Use
               Permit No. 8A, Northridge Center, approved by
               the Planning Director on December 31, 2012
               requested by Orange Development, Inc. to amend
               the site plan by showing a separate pad site for
               a pharmacy with drive-thru and revising the
               parking lot layout on property generally located
               at N. 14th Street and Superior Street.

14)  MISCELLANEOUS REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

15)            Application of Abby Normal Inc. dba One More Bar
               for a Class C liquor license at 836 North 70th
               Street. (ADOPTED FOR APPROVAL, 7-0; A-87154)

16)            Manager application of Theresa Dattola for Abby
               Normal Inc. dba One More Bar at 836 North 70th
               Street. (ADOPTED FOR APPROVAL, 7-0; A-87155)

17)            Application of JBSR Inc. dba Mr. Goodcents for a
               Class C liquor license at 215 North 14th Street.
               (ADOPTED FOR APPROVAL, 7-0; A-87156)

18)            Manager application of Preston L. Marsh for JBSR
               Inc. dba Mr. Goodcents at 215 North 14th Street.
               (ADOPTED FOR APPROVAL, 7-0; A-87157)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEM 19
HAD 2ND READING)

19)  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)


PUBLIC HEARING - RESOLUTIONS

     NONE

                      - END PUBLIC HEARING -


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

     NONE


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 20
THRU 22 HAD 1ST READING)

20)  13-1      Amending Chapter 24.05 of the Lincoln
               Municipal Code, the Lincoln Gas Piping
               Systems Code, by amending Section 24.05.010
               to provide that Standards 54 and 58 of the
               1992 National Fire Protection Association
               (NFPA) Standards as amended from time to
               time shall be considered part of the
               Lincoln Gas Piping Code; amending Section
               24.05.260 to provide examinations for
               master or journeyman gas fitters shall be
               held at dates, times and places as may be
               determined by the Director of Building and
               Safety upon at least 14 days notice
               thereof; amending Section 24.05.350 to
               increase certain examination and
               registration fees; and amending Section
               24.05.380 to increase certain permit fees.
               Fact Sheet (114K)

21)  13-2      Amending Chapter 8.16 of the Lincoln
               Municipal Code, Contagious and Infectious
               Diseases, by repealing Sections 8.16.010,
               8.16.020, 8.16.030, 8.16.040, 8.16.050,
               8.16.060, 8.16.070, 8.16.080, and 8.16.090
               in their entirety.
               Fact Sheet (97K)

22)  13-3      Amending Chapter 8.24 of the Lincoln
               Municipal Code, Lincoln's Noise Control
               Ordinance, by amending Section 8.24.080 to
               change requirements for reports; amending
               Section 8.24.140 to clarify exemption
               provisions related to government
               activities; and amending Section 8.24.150
               to update provisions for appeal procedures.
               Fact Sheet (94K)


RESOLUTIONS - 1ST READING (ITEMS 23 THRU 41 HAD 1ST READING)

23)  13R-15    Renaming the park at 7th and Q Street currently
               known as "Iron Horse Park" to "Bill Harris Iron
               Horse Park."
               Fact Sheet (125K)

24)  13R-19    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of December 1 -
               31, 2012.
               Fact Sheet (10K)
               Attachment (27K)

25)  13R-4     Approving a Contract Agreement between the
               City of Lincoln and Whitehead Oil Company
               for the Annual Supply of Motor Fuels,
               pursuant to Bid No. 12-225, for a two year
               term with the option to renew for one
               additional two year term upon the terms set
               forth in said contract.
               Fact Sheet (134K)
               Attachment (11209K)

26)  13R-2     Approving the Amendment to renew each of
               the Agreements for the annual  Supply of
               Police Clothing, pursuant to Bid No.
               10-171, between the City of Lincoln and
               Southern Uniform and Equipment, Alamar
               Uniforms, and Galls Inc. for additional two
               year terms upon the terms set forth in said
               Amendments.
               Fact Sheet (232K)
               Attachment (681K)

27)  13R-1     Approving a Contract for Construction
               Design Services between the City of Lincoln
               and Olsson Associates for engineering and
               related professional services for the
               construction design of two bioretention
               water quality features upstream from South
               Street in Antelope Park, City Project No.
               705335c.
               Fact Sheet (12K)
               Attachment (1180K)

28)  13R-3     Approving an Agreement between the City of
               Lincoln and Havelock Business Association
               for the replacement of the Havelock Sign in
               the southeast corner of the intersection of
               Superior Street, Cornhusker Highway and
               Havelock Avenue.
               Fact Sheet (125K)
               Attachment (3391K)

29)  13R-5     Approving a Conservation Easement Agreement
               between Lancaster County Agricultural
               Society, Inc., the City of Lincoln and the
               Lower Platte South Natural Resources
               District to preserve and protect
               floodplains, wetlands, natural
               drainageways, and tree masses over 7.83
               acres of property generally located at
               North 84th Street and Havelock Ave.
               Fact Sheet (94K)
               Attachment (501K)

30)  13R-6     Reappointing Andrew Budell to the Board of
               Zoning Appeals for a term expiring February
               1, 2017.

31)  13R-7     Appointing Randall Gordon to the Community
               Forestry Advisory Board for a term expiring
               August 17, 2015.
               Attachment (85K)

32)  13R-8     Appointing Eric T. Hoke to the Citizen
               Police Advisory Board for a term expiring
               November 17, 2014.
               Attachment (73K)

33)  13R-9     Reappointing Jerry L. Hudgins, Vicki Huff
               and Marilyn McNabb to the Lincoln Electric
               System Administrative Board for terms
               expiring December 31, 2015.

34)  13R-10    Appointing Trenton Reed to the Parks and
               Recreation Advisory Board for a term expiring
               April 27, 2014.
               Attachment (77K)

35)  13R-11    Reappointing Ruthelen G. Sittler and Barry Moore
               to the Aging Partners Area Agency on Aging
               Areawide Advisory Council for terms expiring
               July 1, 2015.

36)  13R-12    Appointing Sharon L. Busch to the Aging Partners
               Area Agency on Aging Areawide Advisory Council
               for a term expiring July 1, 2014. 
               Attachment (71K)

37)  13R-13    Comp. Plan Amendment 12004 - Amending the 2040
               Lincoln-Lancaster County Comprehensive Plan by
               changing the Lancaster County and Lincoln Area
               Future Land Use Plans from Green Space to
               Industrial on approximately 11 acres of property
               at N.W. 44th Street and W. Webster Street.
               Fact Sheet (360K)

38)  13R-14    Misc. No. 12014 - Declaring the 18th and Q
               Streets Redevelopment Area, an approximately 4.7
               acres generally bounded by Q Street, R Street,
               N. 18th Street and N. Antelope Valley Parkway,
               as blighted and substandard.
               Fact Sheet (223K)
               Attachment (4840K)

39)  13R-16    Approving a Funding Agreement between the City
               and the Nebraska Dept. of Roads for the use of
               Federal Surface Transportation Program Funds for
               construction engineering costs for the S.W. 40th
               Street Project (State Project No. STPN-BR-TMT-
               5267(1), CN 12744, City Project No. 700132).
               Fact Sheet (13K)
               Attachment (2544K)

40)  13R-17    Approving a Construction Engineering Services
               Agreement between the City and the Nebraska
               Dept. of Roads for the use of Federal Surface
               Transportation Program Funds for construction
               engineering costs for the 27th and Leighton
               Viaduct Project (State Project No. LCLC-
               5231(13), CN 13137, City Project No. 540023).
               Fact Sheet (13K)
               Attachment (2135K)

41)  13R-18    Approving a Program Agreement between the City
               and the Nebraska Dept. of Roads for the use of
               Federal Transportation Program Funds for
               preliminary engineering, right-of-way expenses,
               construction, and construction engineering costs
               for the 10th and Salt Creek Bridge Project
               (State Project No. LCLC-5215(3), CN 13233, City
               Project No. 540027).
               Fact Sheet (13K)
               Attachment (1935K)


PENDING LIST - DATE CERTAIN

42) 12-157B    Amending Section 17.08.070 to reflect the
               renaming of Bill Harris Iron Horse Park.
               (12/17/12 - To have Action only on
               1/14/13)


PENDING LIST   (EXTENDED ONE WEEK)

43)  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

44)  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)

45)  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)

46)  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)

47)            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)

48)  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)

49)  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)

50)  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)


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 JANUARY ARE THE 14TH & 28TH.


ADJOURNMENT   3:39 P.M.




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