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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, JANUARY 14, 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 DECEMBER 2012 WAS PRESENTED TO A
         TEAM OF INVESTIGATORS FROM THE TECHNICAL INVESTIGATION UNIT
                     OF THE POLICE DEPARTMENT CONSISTING OF 
                       DONALD FOSLER AND KRISSA KNOPIK
         IN THE CATEGORIES OF CUSTOMER RELATIONS AND PRODUCTIVITY

                             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)  13R-6     Reappointing Andrew Budell to the Board of
               Zoning Appeals for a term expiring February
               1, 2017. (ADOPTED, 7-0; A-87158)

 2)  13R-7     Appointing Randall Gordon to the Community
               Forestry Advisory Board for a term expiring
               August 17, 2015.  (ADOPTED, 7-0; A-87159)
               Attachment (85K)

 3)  13R-8     Appointing Eric T. Hoke to the Citizen Police
               Advisory Board for a term expiring November
               17, 2014. (ADOPTED, 7-0; A-87160)
               Attachment (73K)

 4)  13R-9     Reappointing Jerry L. Hudgins, Vicki Huff and
               Marilyn McNabb to the Lincoln Electric System
               Administrative Board for terms expiring
               December 31, 2015. (P.H. W/ACTION CON'T 2 WEEKS
               TO 01/28/13, 7-0)

 5)  13R-10    Appointing Trenton Reed to the Parks and
               Recreation Advisory Board for a term expiring
               April 27, 2014. (ADOPTED, 7-0; A-87161)
               Attachment (77K)

 6)  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. (ADOPTED, 7-0; A-87162)

 7)  13R-12    Appointing Sharon L. Busch to the Aging Partners
               Area Agency on Aging Areawide Advisory Council for
               a term expiring July 1, 2014. (ADOPTED, 7-0; A-87163)
               Attachment (71K)

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


PETITIONS & COMMUNICATIONS

 9)            REFERRALS TO THE PLANNING DEPARTMENT:
               Change of Zone No. 12037 - Requested by the
               Director of Planning, from P Public Use District
               to B-4 Lincoln Center Business District and I-1
               Industrial District; and from B-4 Lincoln Center
               Business District, R-4 Residential District, R-6
               Residential District, I-1 Industrial District and
               H-3 Highway Commercial District to P Public Use
               District, on property generally bounded by
               Cornhusker Highway to P Street and North
               10th Street to North 23rd Street,
               Lincoln, Lancaster County, Nebraska.
               Change of Zone No. 12040 - Requested by Derek
               Zimmerman, from R-2 Residential District to H-3
               Highway Commercial District, on property legally
               described as the west 74' of Lot 1; Lots 2 and 3
               except the west 7'; and the west 74' of Lot 4 and
               ½ vacated Nelson Street adjacent; all in
               Block 35, Washington Heights, located in the SW
               1/4 of Section 12-10-6, Lancaster County,
               Nebraska, generally located at N. 14th
               Street and Knox Street.
               Special Permit No. 1584A - Requested by Sue
               and Drake Oltman, to expand an early childhood
               care facility to accommodate an additional 15
               children, on property legally described as Lot 1,
               Block 2, Tyler Ranch, located in the NW 1/4 of
               Section 33-10-6, Lancaster County, Nebraska,
               generally located at S. Coddington Avenue and West
               A Street (1400 SW 22nd Street).  The
               Planning Commission action is final action, unless
               appealed to the City Council.
               Special Permit No. 12040 - Requested by Derek
               Zimmerman, for an outdoor area for 3 or less
               animals associated with a veterinary facility, on
               property legally described as  the west 74' of Lot
               1; Lots 2 and 3 except the west 7'; and the west
               74' of Lot 4 and ½ vacated Nelson Street
               adjacent; all in Block 35, Washington Heights,
               located in the SW 1/4 of Section 12-10-6,
               Lancaster County, Nebraska, generally located at
               N. 14th Street and Knox Street.  The
               Planning Commission action is final action, unless
               appealed to the City Council.

10)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 12061 to Special
               Permit No. 277I, Pine Lake Community Unit Plan,
               approved by the Planning Director on January 7,
               2013, requested by Benjamin Hynek, to adjust the
               side yard setback adjacent to the north lot line
               of Lot 25, Pine Lake Addition, from 15' to 10'. 
               The adjustment applies only for the extent of the
               approximate 4' x 18' proposed addition, otherwise
               the setback is not adjusted for the remainder of
               the side yard and it remains at 15'. At the
               request of the applicant, this approval supersedes
               the previous approval of December 7, 2012. 
               Property is generally located near S.
               84th St. and Pine Lake Rd.
               Administrative Amendment No. 12067 to Special
               Permit No. 207C, Homestead Health Care, approved
               by the Planning Director on January 7, 2013,
               requested by Architectural Design Associates, to
               allow an addition to the existing nursing home and
               revise the existing parking lot, on property
               generally located at S. 54th St. and
               LaSalle St.


11)    MISCELLANEOUS  REFERRALS - NONE


                  - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 12 THRU 14 HAD 2ND READING)

12)  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)

13)  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)

14)  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)


PUBLIC HEARING - RESOLUTIONS

15)  13R-15    Renaming the park at 7th and Q Street currently
               known as "Iron Horse Park" to "Bill Harris Iron
               Horse Park." (ADOPTED, 7-0; A-87164)
               Fact Sheet (125K)

16)  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. (ADOPTED, 7-0; A-87165)
               Fact Sheet (10K)
               Attachment (27K)

17)  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.  (ADOPTED, 7-0; A-87166)
               Fact Sheet (134K)
               Attachment (11209K)

18)  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. (ADOPTED, 7-0; 
               A-87167)               
               Fact Sheet (232K)
               Attachment (681K)

19)  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.
               (ADOPTED, 7-0; A-87168)
               Fact Sheet (12K)
               Attachment (1180K)

20)  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. (ADOPTED, 7-0; A-87169)
               Fact Sheet (125K)
               Attachment (3391K)

21)  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.  (ADOPTED, 7-0; A-87170)
               Fact Sheet (94K)
               Attachment (501K)

22)  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.
               (ADOPTED, 7-0; A-87171)
               Fact Sheet (360K)

23)  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. (ADOPTED, 6-1; CARROLL, COOK, EMERY,
               ESKRIDGE, HINKLEY, SCHIMEK ASSENTING; CAMP DISSENTING; 
               A-87172)               
               Fact Sheet (223K)
               Attachment (4840K)

24)  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).
               (ADOPTED, 7-0; A-87173)
               Fact Sheet (13K)
               Attachment (2544K)

25)  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). (ADOPTED, 7-0;
               A-87174)
               Fact Sheet (13K)
               Attachment (2135K)

26)  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).
               (ADOPTED, 7-0; A-87175)
               Fact Sheet (13K)
               Attachment (1935K)


                  - END PUBLIC HEARING -


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

27)  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. (PASSED, 7-0; #19820)
               Fact Sheet (12K)
               Attachment (457K)

28)  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) (MTA #1 ADOPTED, 7-0;
               PASSED AS AMENDED, 7-0; #19821)
	       Motion To Amend


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)

     NONE


RESOLUTIONS - 1ST READING (ITEMS 29 THRU 35 HAD 1ST READING)

29)  13R-21    Approving Legends Bar & Grill as a Keno satellite
               site at 8300 Northwoods Drive.
               Fact Sheet (95K)

30)  13R-22    Authorizing a request to the State of Nebraska,
               Board of Public Roads Classifications and
               Standards, for relaxation of the Minimum Design
               Standards to allow ten foot wide lanes in North
               33rd Street from P Street to Holdrege Street, City
               Project 701775.
               Fact Sheet (13K)
               Attachment (15738K)

31)  13R-23    Approving a fee for the Lift Assist service
               performed by Lincoln Fire and Rescue in the amount
               of $250.00, pursuant to Section 2.20.200 of the
               Lincoln Municipal Code.
               Fact Sheet (87K)

32)  13R-24    Approving a Consultant Agreement between the City
               of Lincoln and Ameritas Investment Corp. for
               Financial Consulting Services for professional
               assistance in the issuance of debt securities by
               the City for a four year term.
               Fact Sheet (94K)
               Attachment (743K)

33)  13R-25    Approving five Contract Agreements between the
               City of Lincoln, Lancaster County and the
               Lincoln-Lancaster County Public Building
               Commission and All Makes Office Equipment, AOI
               Corporation, Office Interiors & Design, Pay-Less
               Office Products and Staples, Inc. for the annual
               supply of Office Seating, pursuant to Bid No.
               12-249, for four-year terms with the option to
               renew for one additional four-year term.
               Fact Sheet (159K)
               Attachment (19736K)

34)  13R-27    Approving two Contract Agreements between the City
               of Lincoln and Lesoing's Inc. and Stephenson Truck
               Repair, Inc. for the annual requirements for
               Automotive Paint and Body Work, pursuant to Quote
               No. 3997, for two year terms with the option to
               renew for one additional two-year term.
               Fact Sheet (150K)
               Attachment (9745K)

35)  13R-26    Appointing Mandy R. Hatcher to the Veterans
               Memorial Advisory Council for a term expiring
               November 1, 2015.
               Attachment (69K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENED TWO WEEKS)

36)  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

37)  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)

38)  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)

39)  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)

40)            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)

41)  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)

42)  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)

43)  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  5:26 P.M.







                              ***
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         at 5:30 p.m. on the last Monday of each month
         will be rebroadcast on Saturdays at 1:00 p.m.,
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                 on 5 City-TV, Cable Channel 5.
                              ****
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                          Internet at:
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