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Formal Agenda


          ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                 MONDAY, APRIL 30, 2012 AT 5:30 P.M.

                         ALL MEMBERS PRESENT

                            PUBLIC HEARING
                            CONSENT AGENDA 

            IMMEDIATELY PRECEDING REGULAR COUNCIL MEETING

       BOARD OF EQUALIZATION ON BUSINESS IMPROVEMENT DISTRICTS
                   UNIVERSITY PLACE MAINTENANCE BID   (APPROVED, 7-0)
                   NORTH 27TH STREET MAINTENANCE BID  (APPROVED, 7-0)

                      SOUTH STREET MAINTENANCE BID
      (BOARD WILL RECONVENE FOR HEARING IN TWO WEEKS ON 5/14/12, 7-0)

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

REPORTS OF CITY OFFICERS

 1)  12R-72    Reappointing Justin Carlson to the Parks and
               Recreation Advisory Board for a term expiring
               April 27, 2015. (ADOPTED, 7-0; A-86787)

 2)  12R-73    Appointing Peter Levitov to the Parks and
               Recreation Advisory Board for a term expiring
               April 27, 2015. (ADOPTED, 7-0; A-86788)
               Attachment (77K)

 3)  12R-74    Appointing Linda Carter to the StarTran Advisory
               Board for a term expiring October 20, 2012.
               (ADOPTED, 7-0; A-86789)
               Attachment (70K)

 4)  12R-79    Approving the reappointment of David R. Smith
               and Ed Schneider to the Lincoln-Lancaster County
               Board of Health for  terms expiring April 15,
               2015. (ADOPTED, 7-0; A-86790)

 5)  12R-80    Approving the appointment of Marcia White to the
               Lincoln-Lancaster County Board of Health for a
               term expiring April 15, 2015.
               (ACTION DELAYED FOR ONE WEEK TO 5/7/12, 7-0)
               Attachment (111K)

 6)            Resolution approving the City of Lincoln's
               Investment Activity Report from the City
               Treasurer for the Second Quarter, Fiscal Year
               2011-12. (ADOPTED, 7-0; A-86791)

 7)            Report from City Treasurer of City Cash on hand
               at the close of business March 31, 2012. 
               (PLACED ON FILE)

 8)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on April 16, 2012. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 9)            Setting the hearing date of Monday, May 14, 2012
               at 3:00 p.m. for the application of Bison
               Courtside, LLC dba Park Centers Banquet Hall for
               a Class I liquor license located at 2608 Park
               Boulevard. (ADOPTED, 7-0; A-86792)

10)            Setting the hearing date of Monday, May 14, 2012
               at 3:00 p.m. for the application of JLM
               Enterprises, LLC dba Pine Lake Golf & Tennis
               Club for a Class I liquor license located at
               6601 S. 84th Street. (ADOPTED, 7-0; A-86793)

11)            Setting the hearing date of Monday, May 14, 2012
               at 3:00 p.m. for the application of A.B.H.
               Enterprises, LLC dba Hylander Bar & Grill for
               the addition of a beer garden approximately 18
               ft. by 18 ft. to its existing Class C liquor
               license located at 110 West Fletcher Avenue.
               (ADOPTED, 7-0; A-86794)

12)            Setting the hearing date of Monday, May 14, 2012
               at 3:00 p.m. for the manager application of
               Samantha A. Petzoldt for GMRI, Inc. dba Red
               Lobster Restaurant #0236 located at 6540 O
               Street. (ADOPTED, 7-0; A-86795)

13)            Setting the hearing date of Monday, May 14, 2012
               at 3:00 p.m. for the application of R & W BBQ,
               Inc. dba Dickey's Barbeque Pit for a Class A
               liquor license located at 1226 P Street.
               (ADOPTED, 7-0; A-86796)

14)            REFERRALS TO THE PLANNING DEPARTMENT:
               Change of Zone No. 12006 - Requested by
               Enterprise Company, Inc. from O-2 Suburban
               Office District to B-1 Local Business District
               on property generally located at N. 35th Street
               and O Street. 
               Change of Zone No. 12007 - Requested by
               Geico Development, Inc. from AG Agricultural
               District to AGR Agricultural Residential
               District on property generally located at S.
               Coddington Avenue and W. Pleasant Hill Road.
               Special Permit No. 12011 - Requested by
               Lori Tackett to allow for an indoor kennel on
               property generally located at S. 10th Street and
               South Street. 
               Special Permit No. 12012 - Requested by
               Michael McCullough, for expansion of a
               nonconforming use into the setbacks, for
               demolition of current structures and
               construction of new structure on property
               generally located at S. 28th Street and Eastgate
               (2900 S. 28th Street).  
               Special Permit No. 12014 - Requested by
               Geico Development, Inc., Pleasant Hill Acres
               Community Unit Plan, for approximately 6 single
               family acreage lots with request to waive
               sidewalks, street trees, street lighting,
               landscape screening, block length, preliminary
               plat, and storm water detention on property
               generally located at S. Coddington Avenue and W.
               Pleasant Hill Road.
               Special Permit No. 12016 - Requested by
               Radix, Inc. for a recreational facility on
               property generally located at SW 29th Street and
               W. Wittstruck Road.
               Special Permit No. 12017 - Requested by
               Four Star Drug for expansion of a nonconforming
               use to allow a drive thru on property generally
               located at S. Cotner Boulevard and Aldrich Road.
               Pre-Existing Special Permit No. 28C -
               Requested by Olsson Associates to expand the
               limits of the special permit for a private
               school to allow for the addition of a new
               building and additional parking on property
               generally located at S. 52nd Street and Prescott
               Avenue.

15)    MISCELLANEOUS  REFERRALS - NONE 

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

16)            Application of Meier's Wine, Inc. dba Meier's
               Cork 'n Bottle for a special designated license
               for an area measuring 160 feet by 120 feet in
               the Lincoln Community Foundation Garden at 215
               Centennial Mall South on May 10, 2012 from 
               3:00 p.m to 8:00 p.m. (ADOPTED FOR APPROVAL, 7-0;
               A-86797)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)

     NONE


PUBLIC HEARING - RESOLUTIONS

17)  12R-75    Adopting the amended and restated ICMA
               Retirement Corporation Governmental 457 Deferred
               Compensation Plan and Trust and the amendment to
               said plan and trust allowing Roth (after-tax)
               deferral contributions. (ADOPTED, 7-0; A-86798)
               Fact Sheet (107K)
               Attachment (3827K)

18)  12R-76    Waiver No. 12001 - Application of Christ's Place
               Church 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 southwest corner of the
               intersection of Warlick Boulevard and Old Cheney
               Road. (ADOPTED, 7-0; A-86799)
               Fact Sheet (598K)

19)  12R-77    Comp. Plan Conformance No. 12002 - Adopting and
               approving the proposed amendments to the
               Nebraska Innovation Campus Redevelopment Plan
               for an area generally located from N. Antelope
               Valley Parkway to 27th Street, between Salt
               Creek and the Burlington Northern Santa Fe
               Railroad corridors to (1) add approximately 127
               acres to the redevelopment plan and create two
               areas for redevelopment, the Nebraska Innovation
               Campus Area and the Theresa Street Area; (2)
               update the Redevelopment Plan to reflect changes
               that have occurred since it was approved in
               November 2010; and (3) add the Phase I NIC
               projects, including renovation of the 4-H and
               Industrial Arts Buildings with construction of a
               companion building to each and construction of
               two additional research buildings.
               (ADOPTED, 7-0; A-86800)
               Fact Sheet (716K)
               Attachment 1 (3422K)
               Attachment 2 (522K)
               Attachment 3 (382K)

20)  12R-78    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of April 1-15,
               2012. (ADOPTED, 7-0; A-86801)
               Fact Sheet (14K)
               Attachment (18K)

                      - END PUBLIC HEARING -


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

21)  12-41     Miscellaneous No. 10003 - Vacating the
               final plat of Hartland's View Pointe West
               1st Addition generally located at N.W. 56th
               Street and West Aurora Street and retaining
               certain easements therein in the name of
               the City. (PASSED, 7-0; #19708)
               Fact Sheet (1051K)

22)  12-42     Vacation No. 12001 - Vacating multiple
               rights-of-way and alleys located in the
               West Haymarket area between L Street and U
               Street and between 2nd Street and 7th
               Street. (MTA #1 ADOPTED, 7-0; PASSED 
               AS AMENDED, 7-0; #19709)
               Fact Sheet (2807K)

23)  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) (MTA #1 ADOPTED,
               7-0; MTA #2 ADOPTED, 7-0; PASSED AS AMENDED, 7-0;
               #19710)
               Fact Sheet (491K)
               Motion To Amend (6K)
               Motion To Amend (7K)


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) (ITEM 24 HAD 1ST READING)

24)  12-45     Amending Title 11 of the Lincoln Municipal
               Code, Equal Opportunity, and Chapter 2.76
               of the Lincoln Municipal Code, the City's
               Personnel Rules and Regulations, to
               prohibit discrimination on the basis of
               sexual orientation or gender identity.
               Fact Sheet (18K)


RESOLUTIONS - 1ST READING (ITEMS 25 THRU 27 HAD 1ST READING)

25)  12R-84    Reappointing Mike McNiff, Doug Biggerstaff, Matt
               Morrissey, Mike Berry, and Roger Kreifels to the
               Gas Piping Exam Board for a term expiring April
               1, 2015.

26)  12R-85    Reappointing Dan Kubr to the Building Code Board
               of Appeals for a term expiring April 1, 2015.

27)  12R-86    Reappointing Dennis Biggerstaff to the Heating,
               Ventilating, and Cooling Board of Examiners for
               a term expiring April 4, 2015.


PENDING LIST - DATE CERTAIN 

28)  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. (4/23/12 - P.H. con't. w/Action
               on 5/21/12)
               Fact Sheet (14K)


PENDING LIST   (EXTENDED ONE WEEK)

29)  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)

30)  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)

31)  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)

32)  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)

33)            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)

34)  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)

35)  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)

36)  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)

37)  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   7:07 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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