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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                  MONDAY, FEBRUARY 11, 2013 AT 3:00 P.M.

                           ALL MEMBERS PRESENT

             THERE WILL BE NO MEETING THE WEEK OF FEBRUARY 18 
                         PRESIDENTS' DAY OBSERVED

                              PUBLIC HEARING
                              CONSENT AGENDA

Anyone wishing to address an item on the Consent Agenda may do so at this time


REPORTS OF CITY OFFICERS

 1)            Report from the City Treasurer of franchise tax
               for the 4th Quarter 2012 from Time Warner Cable. 
               (PLACED ON FILE)

 2)            Report from City Treasurer of franchise tax for
               the month of December, 2012 from Black
               Hills/Nebraska Gas Utility Co., LLC. 
               (PLACED ON FILE)

 3)            Report from City Treasurer of E911 surcharge for
               the time period September - December 2012. 
               (PLACED ON FILE)

 4)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on January 28, 2013. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 5)            Setting the hearing date of Monday, March 4,
               2013 at 3:00 p.m. for the application of RMH
               Franchise Corporation dba Applebee's
               Neighborhood Grill & Bar for a Class I liquor
               license located at 1133 Q Street.
               (ADOPTED, 7-0; A-87199)

 6)            Setting the hearing date of Monday, March 4,
               2013 at 3:00 p.m. for the application of RMH
               Franchise Corporation dba Applebee's
               Neighborhood Grill & Bar for a Class I liquor
               license located at 6100 O Street.
               (ADOPTED, 7-0; A-87200)

 7)            Setting the hearing date of Monday, March 4,
               2013 at 3:00 p.m. for the application of RMH
               Franchise Corporation dba Applebee's
               Neighborhood Grill & Bar for a Class I liquor
               license located at 3951 N. 27th Street.
               (ADOPTED, 7-0; A-87201)

 8)            Setting the hearing date of Monday, March 4,
               2013 at 3:00 p.m. for the application of RMH
               Franchise Corporation dba Applebee's
               Neighborhood Grill & Bar for a Class I liquor
               license located at 3730 Village Drive.
               (ADOPTED, 7-0; A-87202)

 9)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 13005 to Special
               Permit No. 450P, Madonna Rehabilitation Hospital,
               approved by the Planning Director on
               January 31, 2013 requested  by the Planning
               Department to correct the special permit number
               referenced in Resolution PC-00848 approved in
               March, 2004 on property generally located at
               5401 South St.


10)    MISCELLANEOUS REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

11)            Application of TLD Foods, Inc. dba Sam & Louie's
               for a Class IK liquor license at 1332 P Street,
               Suite A. (ADOPTED FOR APPROVAL, 7-0; A-87203)

12)            Manager application of Paul A. Johnson for TLD
               Foods, Inc. dba Sam & Louie's at 1332 P Street,
               Suite A. (ADOPTED FOR APPROVAL, 7-0; A-87204)

13)            Application of Vina Market I, LLC dba Vina
               Market for a Class C liquor license at 611 North
               27th Street. (ADOPTED FOR APPROVAL, 7-0; A-87205)

14)            Manager application of Phong T. Nguyen for Vina
               Market I, LLC dba Vina Market at 611 North 27th
               Street. (ADOPTED FOR APPROVAL, 7-0; A-87206)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 15 THRU
29 HAD 2ND READING)

15)  13-12     Approving a Sublease Agreement between the
               City of Lincoln and Goodwill Industries for
               the sublease of office space located at
               1010 N Street to provide job training and
               employment services under the Workforce
               Investment Act for a term of January 1,
               2013 through December 31, 2014.
               Fact Sheet (97K)
               Attachment (1937K)

16)  13-13     Approving a Sublease Agreement between the
               City and Nebraska DAS/State Building
               Division on behalf of the Department of
               Labor for the sublease of office space
               located at 1010 N Street, to provide job
               training and employment services under the
               Workforce Investment Act for a term of
               January 1, 2013 through December 31, 2013.
               Fact Sheet (102K)
               Attachment (1959K)

17)  13-9      Approving a Ground Lease between the City
               of Lincoln and Active Living Center
               Condominium Association for the lease of
               the Active Living Center at 250 N. 21st
               Street for a 30 year term. (Related
               Items: 13-9, 13-21) (Action Date: 2/25)
               Fact Sheet (87K)
               Attachment (1057K)

18)  13-21     Approving the conveyance by quitclaim deed
               of Unit 3 of the Active Living Center from
               the City of Lincoln to the Nebraska Trails
               Foundation on property located at 250 N.
               21st Street, Suite 3. (Related Items:
               13-9, 13-21) (Action Date: 2/25)
               Fact Sheet (86K)
               Attachment (95K)

19)  13R-33    Comp. Plan Conformance 12024 - Approving an
               amendment to the Antelope Valley Redevelopment
               Plan to add "The Wrap Project" for approximately
               160 dwelling units and a 1,600 stall parking
               garage on property generally located between Q
               Street, R Street, N. 18th Street and N. Antelope
               Valley Parkway. (Related Items: 13R-33,
               13-15, 13-16) (Action Date: 2/25/13)
               Fact Sheet (4157K)
               Attachment (1203K)
               Attachment (2021K)

20)  13-15     Comp. Plan Conformance 12023 - Declaring
               approximately 0.20 acres of property
               generally located at the northeast corner
               of N. 18th Street and Q Street as surplus
               property. (Related Items: 13R-33, 13-15,
               13-16) (Action Date: 2/25/13)
               Fact Sheet (2126K)

21)  13-16     Vacation No. 12011 - Vacating North 18th
               Street between Q and R Street; the north 4
               feet of Q Street between North 18th Street
               and N. Antelope Valley Parkway; and the
               south 4 feet of R Street between North 18th
               Street and N. Antelope Valley Parkway.
               (Related Items: 13R-33, 13-15, 13-16)
               (Action Date: 2/25/13)
               Fact Sheet (5246K)

22)  13-17     Change of Zone 12037 - Application of the
               Planning Director for a change of zone 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.
               Fact Sheet (5603K)

23)  13R-34    Comp. Plan Amendment 12003 - Amending the 2040
               Lincoln-Lancaster County Comprehensive Plan by
               changing the land use designation from
               Residential to Commercial and to designate a new
               community center on property generally located
               at North 1st Street and Cornhusker Highway.
               (Related Items: 13R-34, 13R-35, 13R-36, 
               13-14) (Action Date: 2/25/13)
               Fact Sheet (2410K)

24)  13R-35    Comp. Plan Conformance 12020 - Approving the 1st
               and Cornhusker Redevelopment Plan consisting of
               an estimated 78 acres comprised of mobile home
               residential land use, generally bounded by
               Cornhusker Highway, N. 4th Street, Adams Street
               and N. 1st Street. (Related Items: 13R-34,
               13R-35, 13R-36, 13-14) (Action Date: 2/25/13)
               Fact Sheet (566K)
               Attachment (2486K)

25)  13R-36    Approving a Directed Arterial Street Impact Fee
               Transportation Improvement Agreement between the
               City and Ascentia Real Estate Investment Company
               to identify developer's cost responsibilities
               regarding the construction of the Arterial
               Street Impact Fee Facility Improvements related
               to mixed-use development, including an apartment
               complex, hotel, office space and retail space,
               generally located at 1st and Cornhusker Highway.
               (Related Items: 13R-34, 13R-35, 13R-36, 13-14) 
               (Action Date: 2/25/13)
               Fact Sheet (97K)
               Attachment (323K)

26)  13-14     Change of Zone 12029 - Application of
               Countryside Mobile Home Park LLP and
               Lincoln Mobile Home Parks LLP for a change
               of zoned from H-3 Highway Commercial
               District and R-2 Residential District to 
               R-3 Residential District PUD, on property
               generally located at N. 1st Street and
               Cornhusker Highway; 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 
               391,100 sq. ft. of commercial floor area,
               a hotel and 450 dwelling units on the 
               underlying R-3 zoned area. (Related 
               Items: 13R-34, 13R-35, 13R-36, 13-14) 
               (Action Date: 2/25/13)
               Fact Sheet (5964K)

27)  13-18     Comp. Plan Conformance 12022 - Declaring
               approximately 1.56 acres of property
               generally located at West B Street and
               S. Folsom Street as surplus property.
               (Related Items: 13-18, 13-19, 13-20)
               (Action Date: 2/25/13)
               Fact Sheet (1549K)

28)  13-19     Change of Zone 12039 - Application of the
               Director of the Parks and Recreation
               Department for a change of zone from
               P Public Use District to R-2 Residential
               District on property generally located at
               West B Street and S. Folsom Street.
               (Related Items: 13-18, 13-19, 13-20)
               (Action Date: 2/25/13)
               Fact Sheet (1542K)

29)  13-20     Approving a Real Estate Sales Agreement
               between the City and Willard Community
               Center for property generally located at
               1245 S. Folsom Street. (Related Items:
               13-18, 13-19, 13-20) (Action Date: 2/25/13)
               Fact Sheet (81K)
               Attachment (2131K)


PUBLIC HEARING - RESOLUTIONS

30)  13R-38    Approving an Interlocal Agreement between the
               City of Lincoln, Parks and Recreation
               Department, and the Nebraska Game and Parks
               Commission for engineering services and
               construction improvements to Bowling Lake
               generally located at N.W. 48th Street and 
               W. Cuming Street. (ADOPTED, 7-0; A-87207)
               Fact Sheet (82K)
               Attachment (179K)

31)  13R-37    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 the Citywide
               Street Resurfacing Project (State Project No.
               LCLC-5228(4), CN 13138, City Project No. 540022).
               (ADOPTED, 7-0; A-87208)
               Fact Sheet (12K)
               Attachment (2447K)

                      - END PUBLIC HEARING -


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

32)  13-10     Authorizing the issuance of not to exceed
               $9,000,000 aggregate principal amount of
               Solid Waste Management Revenue and
               Refunding Bonds, and related matters.
               (PASSED, 7-0; #19825)

33)  13-4      Change of Zone 10014A - Application of
               Union Bank to amend the Northwoods Plaza
               Planned Unit Development to change the
               number of dwelling units from 80 to 150 on
               property generally located at North 84th
               Street and Holdrege Street.
               (PASSED, 6-1; CAMP, CARROLL, COOK,
               ESKRIDGE, HINKLEY, SCHIMEK ASSENTING;
               EMERY DISSENTING; #19826)
               Fact Sheet (2827K)

34   13-5      Change of Zone 12033 - 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.
               (Related Items: 13-5, 13R-29)(Action Date: 2/11/13)
               (MTA #1 ADOPTED, 7-0; PASSED AS AMENDED, 7-0; 
               #19827)
               Fact Sheet (8628K)
               Motion To Amend

35)  13R-29    Misc. No. 12018 - Application of the Planning
               Director to amend the City of Lincoln Design
               Standards by amending Chapter 3.5 (Landscaping
               and Screening) to provide clarification
               regarding screening requirements for motorized
               vehicle repair and service facilities.
               (Related Items: 13-5, 13R-29)(Action Date: 2/11/13)
               (ADOPTED, 7-0; A-87209)
               Fact Sheet (264K)
               Attachment (24K)

36)  13-6      Change of Zone 12036 - Application of Kevin
               Rhinehart for a change of zone from R-2
               Residential District to R-2 Residential
               District with Landmark Overlay, designating
               the Myron Wheeler House as a Landmark, on
               property generally located at 1717 D Street.
               (PASSED, 7-0; #19828)
               Fact Sheet (3716K)
               Attachment (1387K)

37)  13-7      Amending the pay schedule for a certain
               employee group whose classifications are
               assigned to the pay range which is prefixed
               by the letter "M" by creating the
               classification of "Public Works and
               Utilities Assistant Director."
               (ACTION DELAYED TWO WEEKS TO 2/25/13, 7-0)
               Fact Sheet (12K)
               Attachment (9K)

38)  13-8      Approving a Real Estate Sales Agreement
               between the City of Lincoln and the Housing
               Authority of the City of Lincoln for the
               sale of City property described as Lot 2
               and the north 5 feet of Lot 3, Block 1,
               Gibbon's Addition, more commonly known as
               1621 North 29th Street.
               (PASSED, 6-1; CARROLL, COOK, EMERY, 
               ESKRIDGE, HINKLEY, SCHIMEK ASSENTING; 
               CAMP DISSENTING; #19829)
               Fact Sheet (115K)
               Attachment (1706K)

39)  13-11     Approving a lease agreement between the
               Lincoln Medical Educational Partnership and
               City of Lincoln, on behalf of the Lincoln
               Police Department for space to be utilized
               for the Southeast Team Substation for an
               eight month term. (PASSED, 7-0; #19830)
               Fact Sheet (103K)
               Attachment (994K)


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 40 THRU
45 HAD 1ST READING)


40)  13-25     Authorizing the issuance by the City of its
               general obligation arena bonds in an
               aggregate principal amount not to exceed
               $25,000,000 for the purpose of paying the
               costs incident to acquiring, constructing,
               equipping and furnishing the Pinnacle Bank
               Arena and related facilities and
               improvements; pledging the income,
               proceeds, and revenue of the arena,
               appropriations from the State of Nebraska
               and other State sources, and other
               available revenue, income and receipts of
               the City, including certain sales, use,
               occupation and/or property tax revenue,
               fees or receipts sufficient to pay the
               principal of and the interest on said bonds
               as they become due and payable; and related
               matters.

41)  13-26     Authorizing the issuance by the City of its
               general obligation stormwater bonds in an
               aggregate principal amount not to exceed
               $7,900,000 for the purpose of paying the
               costs of improving and extending the City's
               stormwater drainage and flood management
               system, the levying of a tax on all taxable
               property within the City to pay the
               principal, premium and interest on such
               bonds, and related matters.

42)  13-22     Change of Zone 12021 - Application of
               Interstate Land, LLC for a change of zone
               from I-1 Industrial District to R-3
               Residential District Planned Unit
               Development to allow a campground, multi-
               family residential and any use allowed in
               the I-1 Industrial District on the
               underlying R-3 Residential zoned  area on
               property generally located at N.W. 12th
               Street and Cornhusker Highway.
               Fact Sheet (1520K)

43)  13R-40    Approving the Manor of Lincoln Development and
               Conditional Zoning Agreement between Manor of
               Lincoln, Inc. and the City of Lincoln to limit
               uses on the property to office, veterinary
               facility and those B-1 uses also allowed in the
               R-2 Residential District on property generally
               located at North 14th Street and Knox Street
               should the property be re-zoned from R-2
               Residential District to B-1 Local Business
               District. (Related Items: 13R-40, 13-23)
               (Action Date: 3/4/13)               
               Fact Sheet (94K)
               Attachment (135K)

44)  13-23     Change of Zone 12040 - Application of Manor
               of Lincoln for a change of zone from R-2
               Residential District to B-1 Local Business
               District on property generally located at
               North 14th Street and Knox Street.
               (Related Items: 13R-40, 13-23)
               (Action Date: 3/4/13)
               Fact Sheet (882K)

45)  13-24     Approving a Lease between the City of
               Lincoln and Constellation Studios, LLC for
               the lease of City property generally
               located at the southwest corner of 21st and
               O Streets for a five year term with options
               to renew for two additional five year
               terms. 
               Fact Sheet (132K)
               Attachment (1673K)

RESOLUTIONS - 1ST READING (see Bill Nos. 13R-41 and 13R-42) (ITEMS 46 THRU
51 HAD 1ST READING)

46)  13R-41    Approving an Amendment to the Agreement between
               the City of Lincoln on behalf of the
               Lincoln-Lancaster County Health Department and
               the Nebraska Department of Environmental Quality
               for the Health Department's Air Quality Program
               105 Grant Workplan to provide an additional
               $60,000.00 for the replacement of the Health
               Department's ozone monitor and expenses related
               to said replacement. (Request to place on
               Consent Agenda for P.H. on 2/25)
               Fact Sheet (87K)
               Attachment (126K)

47)  13R-42    Approving a Grant Agreement between the City of
               Lincoln on behalf of the Lincoln-Lancaster
               County Health Department and the Nebraska
               Department of Environmental Quality for a
               $19,000.00 grant for the Litter Reduction and
               Recycling Grant Program - Keep Lincoln -
               Lancaster County Beautiful Program - Cleanup
               Activities, for a term of January 1, 2013
               through June 30, 2014. (Request to place on
               Consent Agenda for P.H. on 2/25)
               Fact Sheet (86K)
               Attachment (1983K)

48)  13R-43    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of January 16 -
               31, 2013.
               Fact Sheet (10K)
               Attachment (23K)

49)  13R-20    Amending the 2012/2013 - 2017/2018 Capital
               Improvements Program Budget to add a new project
               to the Public Works & Utilities/Water to include
               the design of two horizontal wells, two well
               houses and raw water pipeline and to initially
               construct one horizontal well, one wellhouse
               and raw water pipeline in Lincoln's Well Field
               near Ashland, Nebraska.
               Fact Sheet (16K)

50)  13R-44    Directing submittal to the qualified electors of
               the City a proposed Charter amendment amending
               Article IV, Section 19 of the Charter, relating
               to Grounds for Recall, to clarify that the City
               Council shall follow procedures as set forth by
               ordinance for nominating and electing a person
               to fill a City Council vacancy.
               Fact Sheet (12K

51)  13R-45    Directing submittal to the qualified electors of
               the City a proposed Charter amendment amending
               Article VII, Section 5 of the Charter, relating
               to Contracts and Purchases, to prohibit the
               mayor, council members and city department heads
               from entering into or having contracts with the
               city, to harmonize procedures for voiding
               contracts with state law, and to gender
               neutralize existing language.
               Fact Sheet (12K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED TWO WEEKS)

52)  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

53)  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)

54)            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)

55)  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)

56)  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)

57)  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 FEBRUARY ARE THE 11TH AND 25TH.


ADJOURNMENT   5:11 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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