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Formal Agenda


          ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, FEBRUARY 13, 2012 AT 3:00 P.M.

                 ALL MEMBERS PRESENT EXCEPT HORNUNG

            THERE WILL BE NO COUNCIL MEETING THE WEEK OF
           FEBRUARY 20TH IN OBSERVANCE OF PRESIDENTS' DAY

                  MAYOR'S AWARD OF EXCELLENCE 
           FOR THE MONTH OF JANUARY 2012 WAS PRESENTED TO
       JEFFREY JANDA, BUS OPERATOR FOR THE STARTRAN DIVISION
 	    OF THE 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)            Resolution approving the distribution of funds
               representing interest earnings on short-term
               investments of Idle Funds during the month ended
               December 31, 2011.(ADOPTED, 6-0; A-86693)

 2)            Report from the City Treasurer of City Cash on
               hand at the close of business December 31, 2011.
               (PLACED ON FILE)

 3)            Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for the month of December,
               2011.(PLACED ON FILE)

 4)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on
               January 30, 2012.(PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 5)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 12004 to Use
               Permit No. 117C, Horizon Business Center, approved
               by the Planning Director on February 3, 2012
               requested by Olsson Associates to increase the
               total square footage allocated to Lots 23 and 24
               from 48,000 to 59,000 by increasing the overall
               permitted square footage for this development by
               5,603 square feet or approximately 1% of the total
               approved square footage of 582,497 square feet.
               Property is generally located at S. 14th Street
               and Infinity Court.

 6)   MISCELLANEOUS  REFERRALS

               REFERRALS TO THE PLANNING DEPARTMENT:
               Change of Zone No.05004A - Requested by Lenity
               Group for an amendment to the Pine Garden Planned Unit 
               Development to include an approximately 66-bed 
               memory care facility with approval of a development
               plan which proposes modifications to the Zoning 
               Ordinance, Subdivision Ordinance and Design 
               Standards, on property generally located at S. 84th
               Street and Old Cheney Road.
               Change of Zone No. 12002 - Requested by the Director of
               Planning, 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; amending 
               Section 27.67.040 to provide parking requirements for
               farm wineries and market gardens; and repealing Sections
               27.07.040, 27.09.040, 27.63.680 and 27.67.040 of the
               Lincoln Municipal Code as hitherto existing.

                  - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 7)            Application of Asena Corporation dba South Street
               Liquor for a Class D liquor license at 1000 South
               Street. (ADOPTED FOR APPROVAL, 6-0; A-86694)

 8)            Manager application of Amanuel T. Tedla for Asena
               Corporation dba South Street Liquor at 1000 South
               Street. (ADOPTED FOR APPROVAL, 6-0; A-86695)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 9 THRU 19 HAD 2nd READING)

 9)  12-9      Approving a Lease Agreement between the City of
               Lincoln and Awards Unlimited II LLC for the lease
               of a portion of a vacant City owned lot generally
               located at 20th and N Streets for a four month
               term with the option to renew for an additional
               two month term.
               Attachment (1454K)

10)  12R-19    Approving the Development and Conditional Zoning
               Agreement between Nebraska Nurseries, Inc. and the
               City of Lincoln to assure that direct access to
               Pioneers Blvd. will be relinquished and that a
               public access easement will be granted should the
               property generally located at South 80th Street
               and Pioneers Blvd. be re-zoned to O-2 Suburban
               Office District. (Related Items: 12R-19, 12-10)
               (Action Date: 2/27/12)(P.H. CON'T TO 2/27/12, 6-0)
               Attachment (130K)

11)  12-10     Change of Zone 11043 - Application of
               Nebraska Nurseries Inc. for a change of zone
               from R-3 Residential District to O-2 Suburban
               Office District on property generally located
               southwest of the intersection of South 80th
               Street and Pioneers Boulevard. (Related
               Items: 12R-19, 12-10) (Action Date:
               2/27/12)(P.H. CON'T TO 2/27/12, 6-0)
               Fact Sheet (493K)

12)  12-11     Change of Zone 11047 - Application of City
               Impact for a change of zone from I-1
               Industrial District to R-4 Residential
               District on property generally located at
               North 33rd Street and Apple Street.
               (Related Items: 12-11, 12R-20) (Action
               Date: 2/27/12)
               Fact Sheet (426K)

13)  12R-20    Special Permit 11033 - Application of City Impact
               for a Neighborhood Support Services facility on
               property generally located at North 33rd Street
               and Overland Trail. (Related Items: 12-11, 12R-
               20) (Action Date: 2/27/12)
               Fact Sheet (786K)

14)  12-12     Change of Zone 11046 - Application of Gealy
               Investments LLC for a change of zone from I-1
               Industrial District to AG Agricultural
               District on property generally located at
               North 134th Street and O Street.
               Fact Sheet (299K)

15)  12-13     Amending Chapter 14.75 of the Lincoln
               Municipal Code relating to Driveway
               Approaches and Curbs by amending Section
               14.75.010 to amend the definition of
               "regulations" to mean guidelines and
               regulations under the City of Lincoln Access
               Management Policy; amending Section 14.75.060
               to provide that before a permit for a
               driveway approach may be denied, the Building
               Official or Public Works Official, as
               applicable, shall indicate the standards or
               requirements that prevent approval of the
               permit application; adding a new section
               numbered 14.75.065 to provide for the
               submission of a request for deviation by the
               applicant; adding a new section numbered
               14.75.067 to provide the process for
               appealing the decision of the Building
               Official or Public Works Decision on a
               requested deviation; and adding a new section
               numbered 14.75.069 to provide the process for
               appealing the decision for access on a state
               or federal controlled route. (Related
               Items: 12-13, 12R-22, 12R-21) (Action Date:
               2/27/12)
               Fact Sheet (12K)

16)  12R-22    Adopting the City of Lincoln Access Management
               Policy to replace the existing Driveway Design
               Standards. (Related Items: 12-13, 12R-22, 12R-
               21) (Action Date: 2/27/12)
               Fact Sheet (60K)
               Attachment (1016K)

17)  12R-21    Misc. 11007 - Amending the City of Lincoln Design
               Standards to repeal Chapter 4.00 Driveway Design
               Standards to allow for the adoption of the City's
               Access Management Policy and amending Section 1 of
               Chapter 1.00 and repealing Section 2.34 of Chapter
               1.00 to clarify the necessity of repealing Chapter
               4.00. (Related Items: 12-13, 12R-22, 12R-21)
               (Action Date: 2/27/12)
               Fact Sheet (23K)

18)  12-14     Amending Chapters 10.06 and 10.44 of the
               Lincoln Municipal Code relating to automobile
               impoundment by amending Section 10.06.100
               relating to parking services; amending
               Section 10.06.120 relating to payment of
               fines and costs; amending Section 10.06.140
               relating to mailing notice of complaint;
               adding a new Section 10.44.035 relating to
               immobilization of vehicles; and amending
               Section 10.44.040 relating to accounting for
               fees. (Related Items: 12-14, 12R-24)
               (Action Date: 2/27/12)
               Fact Sheet (182K)

19)  12R-24    Approving an immobilization release fee of $50 for
               the release of a vehicle immobilized by the City,
               pursuant to Lincoln Municipal Code §
               10.44.035. (Related Items: 12-14, 12R-24)
               (Action Date: 2/27/12)
               Fact Sheet (170K)


PUBLIC HEARING - RESOLUTIONS

20)  12R-18    Approving a Contract Agreement between the City of
               Lincoln and Windstream for Upgrade of 911
               Telephone System Maintenance, pursuant to Bid No.
               11-146 for a 60 month term. (ADOPTED, 6-0; A-86696)
               Fact Sheet (125K)
               Attachment (3548K)

21)  12R-23    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, 2012. (ADOPTED, 6-0; A-86697)
               Fact Sheet (14K)
               Attachment (17K)

                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)

     NONE


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

 22) 12-7      Amending Title 20 of the Lincoln Municipal Code by
               adding a new Chapter 20.12 to adopt the 2009
               edition of the International Residential Code
               regulating and controlling the design,
               construction, quality of materials, erection,
               installation, alteration, repair, location,
               relocation, replacement, addition to, use or
               maintenance of one- and two-family dwellings and
               townhouses in the City of Lincoln; and repealing
               Chapter 20.10 of the Lincoln Municipal Code as
               hitherto existing. (PASSED, 6-0; #19674)
               Fact Sheet (195K)

 23) 12-8      Approving a reduction in the Fiscal Year 2011-12
               CIP Budget in the amount of $105,000.00 in Parks
               and Recreation Department Maintenance and the
               transfer of CIP appropriations within the Parks
               and Recreation Department. (PASSED, 6-0; #19675)
               Fact Sheet (112K)


PENDING LIST - DATE CERTAIN

24)  11-191    Approving a Real Estate Purchase Agreement and
               Lease Agreement between the Lincoln-Lancaster
               County Public Building Commission on behalf of the
               City of Lincoln and Lancaster County & Alfred
               Benesch & Company for the purchase and lease back
               of property located at 825 J Street. (Request
               to continue P.H. to 1/30/12) (1/9/12 - P.H. con't
               to 1/30/12 w/Action on 2/6/12) (2/6/12 - Action
               Delayed 3 wks. to 2/27/12)
               Attachment 1 (83K)
               Attachment 2 (45K)


PENDING LIST   (EXTENDED TWO WEEKS)

25)  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)

26)  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)

27)  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)

28)  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)

29)            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)

30)  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)

31)  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)

32)  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)

33)  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, FEBRUARY 27, 2012, AT 5:30 P.M.
                                                 (APPROVED, 6-0)
34)  12R-25    Misc. No. 11008   Declaring the Theresa Street
               Redevelopment Area as blighted and substandard in
               an estimated 114 acres generally bounded between
               Cornhusker Highway and Salt Creek Roadway, from
               approximately North 20th Street at the west
               boundary to approximately North 27th Street at the
               east boundary.
               Attachment (4795K)
               Fact Sheet (661K)

35)  12R-26    Authorizing the transfer of an amount not to
               exceed $700,000 from the Fast Forward Fund to the
               Public Works Street Construction Fund for
               installation of a 4 inch conduit to complete a
               fiber network grid in conjunction with the
               downtown street repaving project.
               Fact Sheet (9K)

36)  12R-27    Appointing Elizabeth Kennedy-King to the Lincoln
               Commission on Human Rights for a term expiring
               December 31, 2014.
               Attachment (70K)

37)  12R-28    Appointing Peter Hind to the Urban Design
               Committee for a term expiring February 1, 2015.
               Attachment (95K)

38)  12R-29    Reappointing Joanne Kissel to the Urban Design
               Committee for a term expiring February 1, 2015.

39)  12R-30    Appointing Christie Dionisopoulos to the Capitol
               Environs Commission for a term expiring January 9,
               2015.
               Attachment (69K)

40)  12R-31    Reappointing Cecil Steward to the Capitol Environs
               Commission for a term expiring January 9, 2015.

41)  12R-32    Reappointing Todd Blome to the Audit Advisory
               Board for a term expiring March 2, 2015.



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 13TH AND
     27TH.


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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