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Formal Agenda


               ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                      MONDAY, MARCH 5, 2012 AT 3:00 P.M.

                       ALL MEMBERS PRESENT EXCEPT CAMP

                               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 City Treasurer of City Cash on hand at the
               close of business January 31, 2012. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 2)            Setting the hearing date of Monday, March 19, 2012 at
               3:00 p.m. for the application of Fucor Inc. dba Venue
               for a Class CK Liquor License located at 4111 Pioneer
               Woods Drive, Suite #100. (ADOPTED, 6-0; A-86710)

 3)            Setting the hearing date of Monday, March 19, 2012 at
               3:00 p.m. for the application of Fucor Inc. dba Venue
               Banquet Room for a Class I Liquor License located at
               4107 Pioneer Woods Drive, Suite #107. (ADOPTED, 6-0;
               A-86711)

 4)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 12005 to Special
               Permit No. 1423J, Himark Estates, approved by the
               Planning Director on February 21, 2012, requested by
               FEW, Inc., to reduce the setback to the north adjacent
               to the golf course and increase the setback to the west
               for property generally located at S. 90th St. and
               Sandhills Court.
               Administrative Amendment No. 11072 to Special
               Permit No. 1813A, The Preserve on Antelope Creek
               Community Unit Plan, approved by the Planning Director
               on February 22, 2012, requested by Manzitto, Inc., to
               revise the site plan to show reduced side yard setbacks
               of 3 feet for property at 4619 Hawthorne Drive.  


 5)  MISCELLANEOUS  REFERRALS - NONE


                  - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 6 THRU 11 HAD 2ND READING)

 6)  12-19     Authorizing the issuance of not to exceed
               $355,000,000 City of Lincoln, Nebraska
               Lincoln Electric System Revenue and Refunding
               bonds.

 7)  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.
               Fact Sheet (110K)
               Attachment (434K)

 8)  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.
               Fact Sheet (579K)

 9)  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.
               Fact Sheet (112K)

10)  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.
               Fact Sheet (108K)

11)  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.
               Fact Sheet (114K)


PUBLIC HEARING - RESOLUTIONS

12)  12R-33    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of February 1 -
               15, 2012. (ADOPTED, 6-0; A-86712)
               Fact Sheet (14K)
               Attachment (17K)


PUBLIC HEARING
ORDINANCES 3RD READING & RELATED RESOLUTIONS (as required)

13)  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) 
               (2/13/12- con't P.H. on 2/27/12) (Action Date:
               2/27/12) (2/27/12- con't P.H. on
               3/5/12) (ADOPTED, 4-2; CARROLL, COOK, EMERY,
               ESKRIDGE ASSENTING; HORNUNG, SCHIMEK DISSENTING;
               A-86713)
               Attachment (130K)

14)  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) (2/13/12- con't P.H. on
               2/27/12) (Action Date: 2/27/12)
               (2/27/12- con't P.H. on 3/5/12)
               (PASSED, 6-0; #19680)
               Fact Sheet (493K)


                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 15 THRU 17 HAD 1ST READING)

15)   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)

16)  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.
               Fact Sheet (491K)
               Motion To Amend (6K)

17)  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)


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
     
18)  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) (2/27/12 - Action
               Delayed 1 wk to 3/5/12) (MTA #1 ADOPTED, 6-0;
               PASSED AS AMENDED, 5-1; CARROLL, COOK, EMERY,
               ESKRIDGE, SCHIMEK ASSENTING; HORNUNG DISSENTING;
               #19681)
               Attachment 1 (83K)
               Attachment 2 (45K)
               Motion to Amend (7K)

19)  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) (Request to delay action 1 wk to
               3/5/12 (2/27/12 - Action delayed 1 wk to
               3/5/12) (PASSED, 5-1; CARROLL, COOK, EMERY,
               ESKRIDGE, HORNUNG, SCHIMEK ASSENTING; 
               HORNUNG DISSENTING; #19682)
               Fact Sheet (12K)

20)  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) (Request to
               delay action 1 wk to 3/5/12)
               (2/27/12 - Action delayed 1 wk to 3/5/12)
               (ADOPTED, 5-1; CARROLL, COOK, EMERY, ESKRIDGE,
               SCHIMEK ASSENTING; HORNUNG DISSENTING; A-86714)
               Fact Sheet (60K)
               Attachment (1016K)

21)  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) (Request to delay
               action 1 wk to 3/5/12) (2/27/12 - Action
               delayed 1 wk to 3/5/12) (ADOPTED, 5-1; CARROLL,
               COOK, EMERY, ESKRIDGE, SCHIMEK ASSENTING;
               HORNUNG DISSENTING; A-86715)
               Fact Sheet (23K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST   (EXTENDED ONE WEEK)

22)  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)

23)  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)

24)  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)

25)  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)

26)            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)

27)  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)

28)  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)

29)  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)

30)  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 12, 2012, AT 3:00 P.M.
                                                   (APPROVED, 6-0)

31)  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.
               Fact Sheet (14K)
               Attachment (18K)

32)  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.
               Fact Sheet (126K)
               Attachment (4803K)

33)  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. 
               Fact Sheet (641K)
                                 

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  3:44 p.m.


                               ***
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      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.,
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                  on 5 City-TV, Cable Channel 5.
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                      lincoln.ne.gov

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