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Formal Agenda


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

                 ALL MEMBERS PRESENT EXCEPT SCHIMEK

                    MAYOR'S AWARD OF EXCELLENCE
           FOR THE MONTH OF JANUARY 2013 WAS PRESENTED TO
      CALEB WHISENHUNT, BUS OPERATOR FOR THE STARTRAN DIVISION
               OF PUBLIC WORKS & UTILITIES DEPARTMENT
                     IN THE CATEGORY OF 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)            Report from the City Treasurer of the 3rd Quarter
               2012 PEG fee from Time Warner Cable.
               (PLACED ON FILE)

 2)            Report from City Treasurer of franchise tax for
               the month of January, 2013 from Black
               Hills/Nebraska Gas Utility Co., LLC.
               (PLACED ON FILE)

 3)            Report from City Treasurer of E911 surcharge for
               the time period October, 2012 through January,
               2013.  (PLACED ON FILE)

 4)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on
               February 25, 2013.  (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 5)            REFERRALS TO THE PLANNING DEPARTMENT:
               Special Permit No. 11022A - Requested by
               Gana Trucking and Excavating for the excavation of
               soil on property generally located at NW 48th
               Street and Highway 34.
               Special Permit No. 11033A - Requested by
               REGA Engineering Group, Inc. for an amendment for
               a Neighborhood Support Services facility on
               property generally located at N. 33rd Street and
               Overland Trail.
               Text Amendment No. 13003 - Requested by the
               Director of Public Works & Utilities amending
               Title 27 of the Lincoln Municipal Code (Zoning
               Ordinance) by amending Chapter 27.52, Flood
               Regulations for Existing Urban Area, and Chapter
               27.53, Flood Regulations for Existing New Growth
               Areas, to provide new dates associated with the
               approval of the effective floodplains for the City
               as a FEMA requirement for the National Flood
               Insurance Program.
               Text Amendment No. 13004 - Requested by the
               Director of Public Works & Utilities amending
               Title 26 of the Lincoln Municipal Code (Land
               Subdivision Ordinance) by amending Chapter 26.24,
               Flood Regulations for Existing Urban Area, and
               Chapter 26.25, Flood Regulations for New Growth
               Area, to provide new dates associated with the
               approval of the effective flood plains for the
               City as a FEMA requirement for the National Flood
               Insurance Program.

 6)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Waiver No. 12023 approved by the Planning
               Director on February 26, 2013 requested by Lincoln
               Federal Savings Bank to extend the time for two
               years to install sidewalks for Northview 7th
               Addition. The improvements shall be completed by
               February 26, 2015. Property is generally located
               at N. 24th Street and Northview Road.
               Administrative Amendment No. 13003 approved
               by the Planning Director on February 27, 2013
               requested by Fire Brothers Development, LLC to
               extend the time for two years to install street
               trees for Baron's Ridge 3rd Addition and landscape
               screen for Baron's Ridge 1st Addition. The
               improvements shall be completed by February 27,
               2013. Property is generally located at NW 1st
               Street and Highland Boulevard.
               Administrative Amendment No. 13008 to
               Change of Zone No. 05004A, Pine Garden Planned
               Unit Development, approved by the Planning
               Director on February 27, 2013 requested by ESP,
               Inc. to delineate building envelopes for Lots 2
               and 3, Block 1, to reallocate commercial floor
               area to Lot 2, and to revise General Notes 1 and 2
               accordingly, on property generally located at the
               northwest corner of S. 84th Street and Old Cheney
               Road.


 7)    MISCELLANEOUS REFERRALS - NONE

                      - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

 8)            Application of RAWHUBS, LLC dba Lincoln Meadows
               for a Class I liquor license at 3235 North 35th
               Street. (ADOPTED FOR APPROVAL, 6-0; A-87245)

 9)            Manager application of Linda J. Wilson-Weichbrodt
               for RAWHUBS, LLC dba Lincoln Meadows at 3235 North
               35th Street. (ADOPTED FOR APPROVAL, 6-0; A-87246)

10)            Application of Coyote Willy's Inc. dba Coyote
               Willy's for a Class I liquor license at 2137
               Cornhusker Highway. (ADOPTED FOR APPROVAL, 6-0;
               A-87247)

11)            Manager application of David L. Duffek for Coyote
               Willy's Inc. dba Coyote Willy's at 2137 Cornhusker
               Highway. (ADOPTED FOR APPROVAL, 6-0; A-87248)

12)            Application of Lincoln North, LLC dba Pepper Jax
               Grill for a Class A liquor license at 1339 O
               Street, Suite 2. (ADOPTED FOR APPROVAL, 6-0; 
               A-87249)

13)            Manager application of Erin D. Duensing for
               Lincoln North, LLC dba Pepper Jax Grill at 1339 O
               Street, Suite 2. (ADOPTED FOR APPROVAL, 6-0; 
               A-87250)

14)            Application of Old Federal Place, LLC dba
               Warehouse No. 4 for a Class CK liquor license at
               228 North 12th Street. (ADOPTED FOR APPROVAL, 6-0; 
               A-87251)

15)            Manager application of Lisa R. Froehlich for Old
               Federal Place, LLC dba Warehouse No. 4 at 228
               North 12th Street. (ADOPTED FOR APPROVAL, 6-0; 
               A-87252)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 16 
THRU 22 HAD 2ND READING)

16)  13-32     Change of Zone 13003 - Application of Sigma
               Alpha Epsilon Building Association for a
               change of zone from R-7 Residential District
               to R-7 Residential District with Landmark
               Overlay, designating the Sigma Alpha Epsilon
               Fraternity House as a Landmark, on property
               generally located at 635 North 16th Street.
               Fact Sheet (1885K)
               Attachment (3616K)

17)  13-33     Vacation 12010 - Vacating the north 12 feet
               of the Prescott Avenue right-of-way between
               South 48th Street and South 52nd Street.
               Fact Sheet (1197K)

18)  13-34     Approving the License Agreement for Parking
               between the City of Lincoln and the Salvation
               Army for the use of five parking spaces
               within the Pentzer Park parking lot generally
               located at North 27th Street and Potter
               Street.
               Fact Sheet (92K)
               Attachment (715K)

19)  13-35     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 changing the
               classification title of "Division Chief of
               Maintenance" to "Division Chief of
               Logistics."
               Fact Sheet (120K)

20)  13-36     Amending the pay schedule for a certain
               employee groups whose classification is
               assigned to the pay range which is prefixed
               by the letter "M" by creating the
               classifications of "Fiber Network and
               Infrastructure Manager."
               Fact Sheet (113K)
               Attachment (131K)

21)  13-37     Amending the pay schedule for a certain
               employee group whose classification is
               assigned to the pay range which is prefixed
               by the letter "A" by creating the
               classifications of "Impact Fee
               Administrator."
               Fact Sheet (100K)
               Attachment (99K)

22)  13-38     Approving the Lease Agreement between the
               City of Lincoln and NebraskaLink Holdings,
               LLC to occupy space in the City's Lincoln
               Technology Improvement District conduit
               system for a 20 year term.
               Fact Sheet (12K)
               Attachment (2000K)


PUBLIC HEARING - RESOLUTIONS

23)  13R-61    Waiver 13006 - Application of Pius X High School
               to waive the parking lot surfacing requirement,
               pursuant to Section 27.67.100(c) of the Lincoln
               Municipal Code, on property generally located at
               the northwest corner of Eldon Drive and A Street.
               (ADOPTED, 6-0; A-87253)
               Fact Sheet (1221K)

24)  13R-62    Amending the Lincoln-Lancaster County Air
               Pollution Control Regulations and Standards to
               modify emissions fees for regulated air
               pollutants. (ADOPTED, 6-0; A-87254)
               Fact Sheet (305K)
               Attachment (19K)

25)  13R-63    Approving appropriations in the amount of
               $41,741.00 from the operation of keno lottery
               funds for various human services (round 37) and
               allocating $5,000.00 to the 2013 H.S. Emergency
               Fund for a total of $46,741.00.
               (ADOPTED, 6-0; A-87255)
               Attachment (103K)

                      - END PUBLIC HEARING -


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
     
26)  13-27     Vacation No. 12009 - Vacating the north-south
               alley between West O Street and West Monroe
               Street, east of S.W. 44th Street.
               (PASSED, 6-0; #19848)
               Fact Sheet (261K)

27)  13-28     Adopting the supplements to the Lincoln
               Municipal Code dated June 2012 and December
               2012 as part of the official Lincoln
               Municipal Code. (PASSED, 6-0; #19849)
               Fact Sheet (10K)

28)  13-29     Authorizing the issuance of tax allocation
               bonds with a total not to exceed amount of
               $2,248,347 for the City of Lincoln, West
               Haymarket Redevelopment Project in Downtown
               Lincoln. (Related Items: 13-29,  13R-54,
               13-R-55, 13R-60) (Action Date: 3/11/13)
               (MTA #1 ADOPTED, 6-0; PASSED AS AMENDED, 6-0; 
               #19850)
               Motion To Amend (142K)

29)  13R-54    Approving an amendment to the FY 12/13 CIP to
               authorize and appropriate $2,248,347 in TIF funds
               for the P Street and Canopy Street Redevelopment
               Project on private property generally located on
               the northeast quarter of the block between the
               future Canopy Street and the future Pinnacle Arena
               Drive, and O and P Street, and public property and
               rights of way in West Haymarket in Downtown
               Lincoln. (Related Items: 13-29, 13R-54, 13R-55,
               13R-60) (Action Date: 3/11/13) (ADOPTED, 5-1; 
               CARROLL, COOK, EMERY, ESKRIDGE, HINKLEY ASSENTING; 
               CAMP DISSENTING; A-87256)
               Fact Sheet (130K)

30)  13R-55    Approving the West Haymarket P Street and Canopy
               Street Redevelopment Project Redevelopment
               Agreement between Project Oscar, LLC and the City
               relating to the redevelopment of property on
               private property generally located on the
               northeast quarter of the block between the future
               Canopy Street and the future Pinnacle Arena Drive,
               and O and P Street, and public property and rights
               of way in West Haymarket in Downtown Lincoln.
               (Related Items: 13-29, 13R-54, 13R-55, 13R-60)
               (Action Date: 3/11/13) (MTA #1 ADOPTED, 6-0; 
               ADOPTED AS AMENDED, 6-0; A-87257)
               Fact Sheet (12K)
               Attachment (1984K)
               Motion To Amend (1837K)

31)  13R-60    Approving the issuance of not to exceed
               $30,000,000 of General Obligation Facility Bonds
               of the West Haymarket Joint Public Agency for the
               purpose of financing the costs of constructing two
               parking garages (Deck 2 and Deck 3) in the West
               Haymarket Redevelopment Area of the City of
               Lincoln. (Related Items: 13-29, 13R-54, 13R-55,
               13R-60) (Action Date: 3/11/13) (MTA #1 ADOPTED, 6-0; 
               ADOPTED AS AMENDED, 6-0; A-87258)
               Fact Sheet (12K)
               Motion To Amend (21K)

32)  13-30     Authorizing the purchase agreement for the
               sale of surplus property generally located at
               18th and Q Streets in Downtown Lincoln to the
               University of Nebraska Board of Regents. 
               (Related Items: 13-30, 13-31, 13R-56, 13R-57)
               (Action Date: 3/11/13) (MTA #1 ADOPTED, 6-0; 
               PASSED AS AMENDED, 6-0; #19851)
               Fact Sheet (84K)
               Attachment (34K)
               Motion To Amend (477K)

33)  13-31     Authorizing the issuance of tax allocation
               bonds with a total not to exceed amount of
               $4,304,577 for the City of Lincoln, 18th and
               Q Redevelopment Project in Greater Downtown
               Lincoln. (Related Items: 13-30, 13-31,
               13R-56, 13R-57) (Action Date: 3/11/13)
               (PASSED, 6-0; #19852)

34)  13R-56    Approving an amendment to the FY 12/13 CIP to
               authorize and appropriate $4,304,577 in TIF funds
               for the 18th and Q Redevelopment Project on
               private property generally located in the block
               bounded by 18th Street and Antelope Valley
               Parkway, and Q and R Street, and adjacent rights
               of way in Greater Downtown Lincoln. (Related
               Items: 13-30, 13-31, 13R-56, 13R-57) (Action Date:
               3/11/13) (ADOPTED, 6-0; A-87259)
               Fact Sheet (129K)

35)  13R-57    Approving the 18th and Q Redevelopment Project
               Agreement between AF-18R-Lincoln and the City
               relating to the redevelopment of property on
               private property generally located on the block
               bounded by 18th Street and Antelope Valley
               Parkway, and Q and R Streets, and adjacent rights
               of way in Greater Downtown Lincoln. (Related
               Items: 13-30, 13-31, 13R-56, 13R-57) (Action Date:
               3/11/13) (MTA #1 ADOPTED, 6-0; ADOPTED AS 
               AMENDED, 6-0; A-87260)
               Fact Sheet (12K)
               Attachment (2422K)
               Motion To Amend (2380K)


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 36 
& 37 HAD 1ST READING)

36)  13-39     Approving a Lease between the City of Lincoln
               and Tanya A. Porter and Damian A. Porter for
               the lease of approximately 3,850 square feet
               at the southwest corner of the ground level
               of the Centrum Parking Garage, generally
               located at 1100 N Street, for use as a day
               care facility for a five year term with an
               option to renew the Lease for an additional
               five year term.
               Fact Sheet (126K)
               Attachment (644K)

37)  13-40     Amending Chapter 4.16 of the Lincoln
               Municipal Code relating to hospital board by
               amending Section 4.16.007 to establish a
               procedure for invading the corpus of the Fund
               in the event of a public health emergency;
               amending Section 4.16.010 of the Code to
               clarify that ex officio members of the Board
               of Trustees of the Community Health Endowment
               shall be entitled to vote; removing the
               prohibition that prevents the director of an
               acute care hospital in Lincoln from serving
               on the Board of Trustees and adding a
               prohibition against elected officials serving
               on the Board of Trustees; and providing that
               members other than ex officio members may not
               serve more than two successive terms on the
               Board of Trustees, except for members who are
               appointed to fill a vacancy on the Board;
               amending Section 4.16.050 to remove language
               that was only applicable to the original
               appointment of the Board at its inception;
               and amending 4.16.060 to change the title of
               the executive director of the Community
               Health Endowment to President/CEO.
               Fact Sheet (15K)


RESOLUTIONS - 1ST READING (ITEMS 38 & 39 HAD 1ST READING)

38)  13R-64    Reappointing Catherine Beecham and Berwyn Jones to
               the Historic Preservation Commission for terms
               expiring April 15, 2016.

39)  13R-65    Reappointing Jon Camp to the District Energy
               Corporation for a term expiring December 31, 2014.


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (SEE ITEM #42, ALL OTHER ITEMS EXTENDED ONE WEEK)

40)  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

41)  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)

42)            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) (WITHDRAWN, 6-0; #38-4632)

43)  11-39     Amending Chapter 10.32 of the Lincoln
               Municipal Code relating to Stopping, Standing
               and Parking of Vehicles by adding a new
               section numbered 10.32.075 to prohibit the
               parking of trucks on a street more than 400
               feet from the primary place of business and
               providing certain exceptions. (4/11/11 -
               3rd Reading w/con't. P.H. on 4/18/11)
               (4/18/11 - Placed on Indefinite Pending)

44)  12-76     Amending Section 10.34.030 of the Lincoln
               Municipal Code relating to Parking Meters:
               Deposit of Coins and Time Limits, to provide
               that no parking fee shall be charged on
               Martin Luther King Day, Presidents Day and
               Veterans Day. (6/25/12 - Placed on Pending
               - No Date Certain)

45)  13-16B    Vacating 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. (2/25/13 - Placed on Indefinite
               Pending)


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 MARCH ARE THE 11TH AND 25TH.


ADJOURNMENT   4:57 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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