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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, APRIL 9, 2012 AT 5:30 P.M. ALL MEMBERS PRESENT EXCEPT ESKRIDGE THE COUNCIL MEETINGS OF APRIL 9TH AND 30TH BEGIN AT 5:30 P.M. 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) Setting the Board of Equalization hearing date of Monday, April 30, 2012, at 5:30 p.m. on the North 27th Street Maintenance Improvement District, the University Place Maintenance Improvement District and the South Street Maintenance Improvement District. (APPROVED, 6-0) 2) Resolution approving the City of Lincoln's Investment Activity Report from the City Treasurer for the Fiscal Year 2011-2012. (ADOPTED, 6-0; A-86751) 3) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by the City Council on March 26, 2012. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 4) Setting the hearing date of Monday, April 23, 2012 at 3:00 p.m. for the application of Top Shelf Beverage Services LLC dba Top Shelf Beverage Services for a Class CK liquor license located at 1038 O Street. (ADOPTED, 6-0; A-86752) 5) Setting the hearing date of Monday, April 23, 2012 at 3:00 p.m. for the application of Nebraska CVS Pharmacy LLC dba CVS/Pharmacy 473 for a Class C liquor license located at 1550 South Street. (ADOPTED, 6-0; A-86753) 6) Setting the hearing date of Monday, April 23, 2012 at 3:00 p.m. for the application of Mykhanh Restaurants dba Pho Factory for a Class I liquor license located at 940 North 26th Street. (ADOPTED, 6-0; A-86754) 7) REFERRALS TO THE PLANNING DEPARTMENT: Change of Zone No. 12004 - requested by the Director of Planning, amending Title 27 of the Lincoln Municipal Code relating to the Zoning Code by amending Figure 27.35.070(a) within Section 27.35.070 to reflect the revised height limits in the B-4 Lincoln Center Business District; adding a new section numbered 27.59.015 titled Scope of Regulations to clarify that airport zoning regulations are applicable in all underlying zoning districts and apply to both public and private entities; amending Section 27.59.040 relating to airport zoning height restrictions to replace the metes and bounds description with a reference to the Airport Zoning Map; amending Section 27.69.035 and Table 1, Off Premises Signs, within Section 27.69.040 to prohibit the location of off premises signs in the Haymarket and Downtown areas of the B-4 Lincoln Center Business District west of 9th Street; repealing Sections 27.35.070, 27.59.040, and 27.69.035 and Table 1 within Section 27.69.040 (Off-Premises Signs) of the Lincoln Municipal Code as hitherto existing; amending the Lincoln Airport Zoning Map dated February 25, 2002 to be consistent with Figure 27.35.070(a); and amending the Lincoln Capitol Environs District Height Regulation Map to reflect a 57-foot height requirement west of the Capitol. Change of Zone No. 12005 - requested by Baylor, Evnen, Curtiss, Grimit & Witt, LLP, from AG Agricultural District and R-2 Residential District to H-3 Highway Commercial District, on property legally described as Lot 65 SE, located in the SE 1/4 of Section 23-9-7, Lancaster County, Nebraska, generally located at Highway 2 and First Street, Cheney, Nebraska. Special Permit No. 12009 - requested by Capitol City Christian Church, for seasonal sales, on property legally described as Lot 1, Block 1, Northern Lights 7th Addition, located in the SE 1/4 of Section 15-10-7, Lancaster County, Nebraska, generally located at N. 80th Street and Holdrege Street (7800 Holdrege Street). The Planning Commission action is final action, unless appealed to the City Council. Special Permit No. 12010 - requested by Martha Anne Cech, Cech Addition Community Unit Plan, for two lots, with a request to waive setbacks and minimum lot depth, on property legally described as Lot 2, Lang's Subdivision and Lot 1, Anncech Addition, located in the SW 1/4 of Section 5-9-7, Lancaster County, Nebraska, generally located at S. 40th Street and Pioneers Boulevard. The Planning Commission action is final action, unless appealed to the City Council. 8) MISCELLANEOUS REFERRALS - NONE - END CONSENT AGENDA - PUBLIC HEARING LIQUOR RESOLUTIONS NONE PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 9 THRU 11 HAD 2ND READING) 9) 12-33 Approving a contract between the City and Lincoln Haymarket Development Corp. to operate and regulate a Saturday public market in the Haymarket area, 7th Street from P to Q Streets and P Street from 7th to 8th Streets from May 5, 2012 through October 13, 2012 and on 8th Street from P to Q Streets from June 2, 2012 through August 25, 2012 and also September 8, 2012. Fact Sheet (121K) Attachment (767K) 10) 12-34 Change of Zone 12002 Amending Title 27 of the Lincoln Municipal Code, the Zoning Code, by adding a new section numbered 27.03.417 to provide the definition of "market garden"; amending Sections 27.07.040 and 27.09.040 to add market gardens as a permitted special use in the AG and AGR zoning districts, respectively; amending Section 27.63.680 to add market gardens as an exception to a licensed premises100-foot spacing requirement from a residential district; adding a new section numbered 27.63.820 to provide conditions for approval for market gardens as a permitted special use and to allow certain accessory uses to market gardens, including the sale of alcoholic beverages for consumption on the premises; and amending Section 27.67.040 to provide parking requirements for farm wineries and market gardens. Fact Sheet (92K) 11) 12-35 An ordinance adopting the supplements to the Lincoln Municipal Code dated June 2011 and December 2011 as part of the official Lincoln Municipal Code. Fact Sheet (15K) PUBLIC HEARING - RESOLUTIONS 12) 12R-57 Authorizing and supporting the application to the Transporation Enhancement Program of the State of Nebraska Department of Roads to assist with funding the construction of the Stonebridge Trail connecting the North 14th Street Trail at 14th and Humphrey with the Alvo Road Trail at 13th and Alvo Road. (ADOPTED, 6-0; A-86755) Fact Sheet (124K) Attachment (1933K) 13) 12R-58 Approving appropriations in the amount of $36,715.00 from the operation of keno lottery funds for various human services (round 35). (ADOPTED, 6-0; A-86756) Attachment (73K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 14) 12-31 Authorizing the issuance, sale and delivery of water revenue refunding bonds of the City of Lincoln, Nebraska in an amount not to exceed $13,000,000 to refund outstanding water revenue bonds of the City and related matters. (PASSED, 6-0; #19696) 15) 12-32 Authorizing the issuance, sale and delivery of sanitary sewer revenue refunding bonds of the City of Lincoln, Nebraska in an amount not to exceed $44,000,000 to refund outstanding sanitary sewer revenue bonds of the City and related matters. (PASSED, 6-0; #19697) 16) 12-30 Amending the pay schedule for a certain employee group by creating the classifications of "Firefighter Paramedic," "Firefighter" and "Fire Apparatus Operator." (PASSED, 6-0; #19698) Fact Sheet (87K) Attachment (525K) 17) 12R-54 Approving Amendment No. 3 to the Woodlands at Yankee Hill Conditional Annexation and Zoning Agreement between Lewis-Starostka, Inc., 3AP-SE, LLC, Midwest Net Lease Investors-SE, LLC, Calruby, LLC, and the City of Lincoln, Nebraska to defer the timing of construction of the Yankee Hill Road Arterial Street Impact Fee Facility Improvements on property generally located at South 84th Street and Yankee Hill Road from December 31,2012 to December 31, 2014. (Related Items: 12R-54, 12-28, 12-29) (Action Date: 4/9/12) (ADOPTED, 6-0; A-86757) Attachment (228K) 18) 12-28 Annexation No. 11005 - Amending the Lincoln Corporate Limits Map by annexing approximately 36 acres generally located southeast of the intersection of South 70th Street and Yankee Hill Road. (Related tems: 12R-54, 12-28, 12-29) (Action Date: 4/9/12) (PASSED, 6-0; #19699) Fact Sheet (649K) Attachment (377K) 19) 12-29 Change of Zone 05068B - Application of R.C. Krueger Development to amend the Woodlands at Yankee Hill Planned Unit Development to add approximately 36 acres generally located southeast of the intersection of South 70th Street and Yankee Hill Road and approve a change of zone over said 36 acres from AG Agricultural District to R-3 Residential District under a Planned Unit Development designation in order to add approximately 265,000 sq. ft. of commercial floor area under the Planned Unit Development. (Related Items: 12R-54, 12-28, 12-29) (Action Date: 4/9/12) (PASSED, 6-0; #19700) Fact Sheet (1411K) 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 25 HAD 1ST READING) 20) 12-39 Authorizing the issuance by the City of its general obligation Highway Allocation Fund Refunding Bonds, Series 2012 in an aggregate principal amount not to exceed $33,000,000. (Related Items: 12-39, 12R-66) (Action Date: 4/23/12) 21) 12R-66 A Resolution for the early redemption of the City's outstanding General Obligation Highway Allocation Fund Bonds, Series 2004 in the amount of $30,155,000. (Related Items: 12-39, 12R-66) (Action Date: 4/23/12) 22) 12-36 Amending Chapter 25.04 of the Lincoln Municipal Code, the Lincoln Mechanical code, by adding a new section numbered 25.04.485 to add a new Section 1101.11 to the International Mechanical Code relating to registration of refrigeration contractors. Fact Sheet (168K) 23) 12-37 Approving a Lease Agreement between the US Postal Service and the City of Lincoln for placement of one or more postal drop-off mailboxes in the east parking lot at Woods Park, generally at South 33rd Street and L Street. Fact Sheet (118K) Attachment (2715K) 24) 12-38 Approving a Lease Agreement between Holmes Lake Professional Center LLC and the City of Lincoln for the use of approximately 2,100 square feet of property north of Holmes Lake Park at South 70th Street and Normal Boulevard to be used as a parking lot for a ten year term. Fact Sheet (112K) Attachment (631K) 25) 12-40 Amending Chapter 5.04 of the Lincoln Municipal Code related to Alcoholic Liquor to require a valid Responsible Beverage Server Permit or Responsible Beverage Management Certificate for any person selling or serving alcoholic liquor at retail and to delete the prohibition of liquor sales between 6:00 a.m. and noon on Sunday. Fact Sheet (14K) RESOLUTIONS - 1ST READING (ITEMS 26 THRU 34 HAD 1ST READING) 26) 12R-60 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of March 16 - 31, 2012. Fact Sheet (14K) Attachment (20K) 27) 12R-64 Authorizing the transfer of appropriations for expenses associated with upcoming labor negotiations and the PAGE/CIR case. Fact Sheet (89K) 28) 12R-59 Approving a Contract Agreement between the City of Lincoln and TSI Incorporated for PortaCount Pro+ Respirator Fit Testers and for calibration and cleaning, pursuant to Bid No. 12-061, for a three year term. Fact Sheet (133K) Attachment (1968K) 29) 12R-67 Approving a Contract Agreement between the City of Lincoln and Nebraska LabLinc for Health Department Laboratory Test Services, pursuant to Bid No. 12-062, for a three year term with the option to renew for one additional three year term. Fact Sheet (130K) Attachment (3503K) 30) 12R-68 Approving the Amendment to Quote 2969 Agreement for City Renewal between the City of Lincoln and Nebraska LabLinc to provide the Annual Requirements for Blood Chemistry Profiles for a two year term from May 20, 2012 through May 19, 2014. Fact Sheet (132K) Attachment (493K) 31) 12R-62 Authorizing a request to the State of Nebraska, Board of Public Roads Classifications and Standards, for relaxation of the Minimum Design Standards for bridge design loading for the North 27th and Leighton Viaduct Project, City Project 540023. Fact Sheet (13K) 32) 12R-63 Approving a Funding Agreement between the City and the Nebraska Dept. of Roads for the use of Federal Aid Bridge Replacement Funds for the Fracture Critical Bridge Inspection of Structure No. U142514300, Salt Creek Road, east leg of the Big X (Project No. BR-MBOS995). Fact Sheet (13K) Attachment (138K) 33) 12R-65 Approving the appropriation of $700,000 of Keno funds within the Parks and Recreation Department CIP for FY 2012-2013 for the Nebraska Centennial Mall Renovation Project. Fact Sheet (123K) 34) 12R-61 Use Permit No. 82C - Appeal of Design Data Corp. from the Planning Commission's conditional approval of the application of Bob Bennie Properties LLC for authority to add Medical Office as a permitted land use to an existing Use Permit, on property generally located at south 14th Street and Old Cheney Road. Fact Sheet (613K) Motion To Amend (6K) PENDING LIST - DATE CERTAIN 35) 12-21 Change of Zone 11040 - Amending Section 27.67.040 of the Lincoln Municipal Code relating to special parking requirements to delete special parking requirements for rooming and boarding houses and to revise the parking requirements for fraternities and sororities. (3/12/12 - P.H./2nd Reading con't. 6 wks to 4/23/12) Fact Sheet (491K) Motion To Amend (6K) PENDING LIST (EXTENDED ONE WEEK) 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 (13K) 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) Fact Sheet (647K) 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) Fact Sheet (1367K) 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) Fact Sheet (693K) 42) 10-101 Adopting an amended and restated version of the City of Lincoln Employees' Retirement Plan and Trust to provide that the employer contribution for employees hired in positions and pay ranges prefixed by the letter "N" on or after September 1, 2010 will be an amount equal to 9% of an employee's compensation; and to further provide that the mandatory employee contribution for employees hired in positions and pay ranges prefixed by the letter "N" on or after September 1, 2010 will be in an amount equal to 7% of an employee's compensation. (8/23/10 - Reconsidered Ordinance No. 19430 - Placed on Pending Indefinitely) Fact Sheet (104K) 43) 11R-62 Comp. Plan Conformance 11001 - Approving an amendment to the Lincoln Star Building Redevelopment Project, in the Lincoln Center Redevelopment Plan, to extend the project area to include the M Street right-of-way from South 7th Street to South 17th Street to allow for streetscape design and improvements. (3/21/11 - Action Delayed 1 wk. to 3/28/11) (3/28/11 - Placed on Indefinite Pending) Fact Sheet (1022K) Attachment (1001K) 44) 11-39 Amending Chapter 10.32 of the Lincoln Municipal Code relating to Stopping, Standing and Parking of Vehicles by adding a new section numbered 10.32.075 to prohibit the parking of trucks on a street more than 400 feet from the primary place of business and providing certain exceptions. (4/11/11 - 3rd Reading w/con't. P.H. on 4/18/11) (4/18/11 - Placed on Indefinite Pending) Fact Sheet (75K) Motion To Amend (7K) 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 APRIL ARE THE 9TH AND 30TH. ADJOURNMENT 5:48 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