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Formal Agenda


            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, MARCH 12, 2012 AT 3:00 P.M.

                           ALL MEMBERS PRESENT

              MAYOR'S AWARD OF EXCELLENCE FOR FEBRUARY 2012
                      WAS PRESENTED TO A TEAM FROM THE
      PUBLIC WORKS & UTILITIES STREET MAINTENANCE OPERATIONS DIVISION
                COMPRISED OF PUBLIC WORKS EQUIPMENT OPERATORS
                  DOUGLAS MILLER, GALE OGG AND LANCE SITTNER
              IN THE CATEGORIES OF CUSTOMER RELATIONS AND VALOR

                               PUBLIC HEARING
                               CONSENT AGENDA

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


REPORTS OF CITY OFFICERS

 1)            Resolution approving the distribution of funds
               representing interest earnings on short-term
               investments of Idle Funds during the month ended
               January 31, 2012. (ADOPTED 7-0; A-86716)

 2)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on
               February 27, 2012. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

     NONE


 3)  MISCELLANEOUS  REFERRALS - NONE

                          - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

 4)            Application of Whitehead Oil Company dba U-Stop
               #27 for a Class D liquor license at 1301 South
               Street. (ADOPTED FOR APPROVAL, 7-0; A-86717)

 5)            Manager application of Britany S. Grady for
               Whitehead Oil Company dba U-Stop #27 at 1301 South
               Street. (ADOPTED FOR APPROVAL, 7-0; A-86718)

 6)            Application of Greenfields Cafe‚ Inc. dba
               Greenfields for a Class CK liquor license at 7900
               S. 87th Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-86719)

 7)            Manager application of James A. Donaldson for
               Greenfields Cafe‚ Inc. dba Greenfields at 7900 S.
               87th Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-86720)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 8
THRU 10 HAD 2ND READING, SEE ITEM 9)

 8)  12-20     Change of Zone 05004A - Application of Lenity
               Group and Realty Trust Group to amend the
               Pine Garden Planned Unit Development to
               replace 28 dwelling units with a 66-bed
               memory care facility and to reduce the total
               commercial floor area from 25,300 square feet
               to 17,420 square feet, on property generally
               located northwest of the intersection of
               South 84th Street and Old Cheney Road.            
               Fact Sheet (649K)
               Motion To Amend (6K)

 9)  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. (CON'T 2ND READING W/P.H. TO 
               4/23/12, 7-0)
               Fact Sheet (491K)
               Motion To Amend (6K)

10)  12-22     Change of Zone 11042 - Application of
               Lancaster County School District #1 for a
               change of zone from R-1 Residential District,
               R-2 Residential District, B-1 Local Business
               District, and H-2 Highway Business District
               to B-1 Local Business District PUD on
               property generally located at the southwest
               corner of Lyncrest Drive and O Street, for a
               planned unit development district designation
               of said property, and approval of a
               development plan to allow office and
               commercial uses not exceeding approximately
               183,000 square feet in floor area.
               Fact Sheet (9605K)
               Motion To Amend (7K)


PUBLIC HEARING - RESOLUTIONS

11)  12R-36    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of February 16 -
               29, 2012. (ADOPTED, 7-0; A-86721)
               Fact Sheet (14K)
               Attachment (18K)

12)  12R-34    Approving an Interlocal Cooperation Agreement for
               Saline Wetlands between the City of Lincoln, Lower
               Platte South Natural Resources District, and
               Nebraska Game & Parks Commission for the
               cooperative development, administration,
               implementation, management, and evaluation of the
               "Implementation Plan for the Conservation of
               Nebraska's Eastern Saline Wetlands" for a term of
               three years and four months beginning March 1,
               2012. (ADOPTED, 7-0; A-86722)
               Fact Sheet (126K)
               Attachment (4803K)

13)  12R-35    Special Permit No. 12001 - Application of Umbay
               Corporation to develop a health care facility for
               an assisted living facility on property generally
               located at 2231 West O Street.
               (ADOPTED, 7-0; A-86723)
               Fact Sheet (641K)

                        - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)(ITEMS 14
THRU 17 HAD 1ST READING)

14)  12-23     Annexation No. 11004 - Amending Ordinance No.
               19672 passed on February 6, 2012 to correct
               the legal description regarding the
               annexation of approximately 418 acres of
               property generally located at North 48th
               Street, north of Superior Street, to conform
               with the legal description to the Corporate
               Limits Map attached to Ordinance No. 19672.
               Fact Sheet (7K)
               Attachment (121K)

15)  12R-39    Approving the West Haymarket Redevelopment
               Agreement between TDP Phase One LLC and the City
               relating to the redevelopment of property
               generally located between 7th and the future
               Pinnacle Arena Drive, and Q and R Streets.
               (Related Items: 12R-39, 12R-40, 12R-41) (Action
               Date: 3/26/12)
               Fact Sheet (148K)
               Attachment (9090K)

16)  12R-40    Amending the FY 11/12 CIP to authorize and
               appropriate $7,385,000 in TIF funds for the West
               Haymarket Redevelopment Project generally located
               between 7th and the future Pinnacle Arena Drive,
               and Q and R Streets. (Related Items: 12R-39,
               12R-40, 12R-41) (Action Date: 3/26/12)
               Fact Sheet (150K)

17)  12-24     Authorizing the issuance of tax allocation
               bonds in an amount not to exceed $7,385,000
               for the City of Lincoln West Haymarket
               Redevelopment Project in Downtown Lincoln.
               (Related Items: 12R-39, 12R-40, 12R-41)
               (Action Date: 3/26/12)


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
     
18)  12-19     Authorizing the issuance of not to exceed
               $355,000,000 City of Lincoln, Nebraska
               Lincoln Electric System Revenue and Refunding
               bonds. (PASSED, 7-0; #19683)

19)  12-1      Approving a Lease Agreement between the City and
               E.J.C. Corporation for the lease of 6.42 acres of
               public park property at Oak Lake Park for a five
               year term with an option to renew for three
               additional five year terms. (PASSED, 7-0; #19684)
               Fact Sheet (110K)
               Attachment (434K)

20)  12-15     Vacation No. 11011 - Vacating a portion of
               Fallbrook Boulevard adjacent to Outlot G,
               Fallbrook 18th Addition, generally located at
               U.S. Highway 34 and Fallbrook Blvd.
               (PASSED, 7-0; #19685)
               Fact Sheet (579K)

21)  12-16     Amending Section 6.12.050 of the Lincoln
               Municipal Code to clarify documentation
               required to receive a reduced license fee for
               altered cats. (PASSED, 7-0; #19686)
               Fact Sheet (112K)

22)  12-17     Amending Section 6.08.040 of the Lincoln
               Municipal Code to clarify documentation
               required to receive a reduced license fee for
               altered dogs. (PASSED, 7-0; #19687)
               Fact Sheet (108K)

23)  12-18     Amending Section 6.10.090 of the Lincoln
               Municipal Code to clarify when a dangerous
               dog or potentially dangerous dog may be
               confiscated and destroyed. 
               (PASSED, 7-0; #19688)
               Fact Sheet (114K)


PENDING LIST - DATE CERTAIN  -  NONE


PENDING LIST   (EXTENDED ONE WEEK)

24)  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)

25)  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)

26)  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)

27)  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)

28)            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)

29)  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)

30)  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)

31)  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)

32)  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)


      WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
       PUBLIC HEARING ON MONDAY, MARCH 19, 2012, AT 3:00 P.M.
                                                   (APPROVED, 7-0) 

33)  12R-38    Approving McMore Inc. dba Sportscasters Bar &
               Grill as a Keno satellite site at 3048 N. 70th
               Street.
               Fact Sheet (95K)

34)  12R-42    Approving a Project Programming Agreement between
               the City and the State of Nebraska Department of
               Roads setting out the various duties and funding
               responsibilities for a Federal Aid Project for the
               construction of safety improvements at the
               intersection of North 14th Street and the east
               bound on-ramp to U.S. Highway 6.
               Fact Sheet (12K)
               Attachment (4009K)

35)  12R-44    Amending the Arterial Street Impact Fee economic
               development incentive program to allow
               reimbursement only after applicant meets all
               program requirements and to change program
               requirements relating to project completion
               deadlines.
               Attachment (4507K)


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 12TH AND 26TH.


ADJOURNMENT    4:22 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.
                                   ****
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                              lincoln.ne.gov

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