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Formal Agenda


           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, FEBRUARY 1, 2010 AT 3:00 P.M.

                           ALL MEMBERS PRESENT

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

         THERE WILL BE NO COUNCIL MEETING THE WEEK OF FEBRUARY 15TH
                      IN OBSERVANCE OF PRESIDENTS' DAY

                             PUBLIC HEARING
                             CONSENT AGENDA


REPORTS OF CITY OFFICERS

 1)  10R-28    Reappointing Marilyn McNabb to the Lincoln
               Electric System Administrative Board for a
               three-year term expiring December 31, 2012.
               (ADOPTED, 7-0; A-85695)

 2)  10R-29    Appointing Jerry Hudgins to the Lincoln Electric
               System Administrative Board for a three-year
               term expiring December 31, 2012.
               (P.H. CON'T W/ACTION ON 2/8/10, 7-0)
               Attachment (33K)

 3)  10R-30    Reappointing Steve Masters to the District
               Energy Corporation for a two-year term expiring
               December 31, 2011. (ADOPTED, 7-0; A-85696)


PETITIONS & COMMUNICATIONS

 4)            THE FOLLOWING HAS BEEN PLACED ON FILE IN THE
               OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 10001 to
               Special Permit No. 1423I approved by the
               Planning Director on January 20, 2010 requested
               by Lewis Homes to adjust the front setback from
               20 feet to 5 feet for the front yard adjacent to
               the west lot line for Lot 10, Block 1, HiMark
               Estates 12th Addition. The adjustment only
               affects the northern portion of the lot where it
               is adjacent to the cul-de-sac bulb since this is
               the only portion of the yard that was determined
               to be a front yard, though the intention was for
               it to be a side yard of 5 feet.


 5)  MISCELLANEOUS REFERRALS - NONE

                        - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 6)            Application of SRRAM Inc. dba Mills Squeegee
               Fill Station #1 for the addition of a catering
               license to its Class D liquor license at 2601
               Ticonderoga Drive. (ADOPTED FOR APPROVAL, 7-0; 
               A-85697)

 7)            Application of SRRAM Inc. dba Mills Squeegee
               Fill Station #2 for the addition of a catering
               license to its Class D liquor license at 4445
               South 70th Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-85698)

 8)            Application of L&M Foods Inc. dba Sam & Louie's
               for a Class I liquor license at 1332 P Street,
               Suite A. (ADOPTED FOR APPROVAL, 7-0; A-85699)

 9)            Manager application of Larry J. Jurgens for L&M
               Foods Inc. dba Sam & Louie's at 1332 P Street,
               Suite A. (ADOPTED FOR APPROVAL, 7-0; A-85700)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 10 
THRU 12 HAD 2ND READING)

10)  10-5      Change of Zone 09029 - Amending Section
               27.26.080 of the Lincoln Municipal Code
               relating to Height and Area Regulations for
               the O-2 Suburban Office District to provide
               that the maximum height of buildings in
               said district shall not exceed 25 feet if
               the building has a flat roof and shall not
               exceed 28 feet if the building has a roof
               type other than flat.
               Fact Sheet (14K)

11)  10-6      Comp. Plan Conformance 09014 - Declaring
               approximately 1.8 acres of property
               generally located northeast of North 10th
               and Military Road as surplus property and
               authorizing the sale thereof to Indian
               Center, Inc.
               Fact Sheet (261K)
               Attachment (593K)

12)  10-7      Street Name Change 06005 - Renaming 38th
               Street Court and that portion of South 38th
               Street north of F Street as South 38th
               Street Court.
               Fact Sheet (6545K)
               Attachment (549K)


PUBLIC HEARING - RESOLUTIONS

13)  10R-36    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of January 1 -
               15, 2010. (AMENDED, 7-0; ADOPTED AS AMENDED, 
               7-0; A-85701)
               Fact Sheet (14K)
               Attachment (22K)

14)  10R-1     Approving an Agreement between the City and
               the University of Nebraska-Lincoln to
               conduct stormwater quality monitoring to
               meet the requirements of the City's NPDES
               stormwater permit for a one-year period
               from January 1, 2010 through December 31,
               2010. (ADOPTED, 7-0; A-85702)
               Fact Sheet (13K)
               Attachment (751K)

15)  10R-18    Approving an Agreement between the City of
               Lincoln, Lancaster County and the Omaha-Council
               Bluffs Metropolitan Area Planning Agency to
               obtain digital map products for the region.
               (MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 
               7-0; A-85703)
               Attachment (317K)

16)  10R-31    Approving an Agreement between the Lincoln-
               Lancaster County Health Department and Cedars
               Youth Services for the Health Department to
               provide nursing assessment services at Boys Home
               and TLC for a period of January 1, 2010 through
               December 31, 2012. (ADOPTED, 7-0; A-85704)
               Fact Sheet (36K)
               Attachment (146K)

17)  10R-32    Approving a multi-year contract between the City
               of Lincoln, Lancaster County, Lincoln-Lancaster
               County Public Building Commission and AmSan
               Nebraska, Inc. for custodial supplies/hardgoods.
               (ADOPTED, 7-0; A-85705)
               Fact Sheet (49K)
               Attachment (2169K)

18)  10R-33    Approving a multi-year contract between the City
               of Lincoln, Lancaster County, Lincoln-Lancaster
               County Public Building Commission and NGC Group
               Inc. for general construction projects less than
               $10,000.00 each on an as-needed basis.
               (ADOPTED, 7-0; A-85706)
               Fact Sheet (44K)
               Attachment (1187K)

19)  10R-34    Comp. Plan Conformance 09015 - Creating the
               South Street Business Improvement District for
               the provision of maintenance of certain public
               facilities and improvements in the area of South
               Street from the alley west of 9th Street east to
               19th Street. (ADOPTED, 6-1; CAMP, CARROLL, COOK, 
               EMERY, SNYDER, SPATZ ASSENTING; HORNUNG DISSENTING; 
               A-85707)
               Fact Sheet (460K)
               Attachment (506K)

                        - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEM 20 
HAD 1ST READING)

20)  10-9      Approving the lease agreement between the
               City and Slick Graphix for the lease of
               office space by the Aging Partners
               (formerly the Lincoln Area Agency on
               Aging/LIFE) for its Aging Partners Personal
               & Family Services program at 370 Fifth
               Street, David City, NE 68632 for a term of
               March 1, 2010 through February 28, 2011.
               Fact Sheet (44K)
               Attachment (61K)


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

21)  10-2      Amending Chapter 4.20 of the Lincoln
               Municipal Code relating to the Library
               Board by amending Section 4.20.010 to
               provide that no Library Board director
               shall serve more than one consecutive term
               of seven years and amending Section
               4.20.040 to change the content of the
               Library Board's annual report to the City
               Council and the date it shall be submitted.
               (PASSED, 7-0; #19340)
               Fact Sheet (35K)

22)  10-3      Amending Title 14 of the Lincoln Municipal
               Code relating to Public Property and Public
               Ways by adding a new Chapter 14.42 to
               provide for the application of painted art
               on local streets within the public right-
               of-way in residential zoning districts.
               (MTA #1 ADOPTED, 7-0; PASSED AS AMENDED, 
               7-0; #19341)
               Fact Sheet (14K)

23)  09-132    Adopting an amended and restated City of Lincoln
               Employees' Retirement Plan and Trust for
               civilian (non-uniformed service) employees
               providing for a change in employer contributions
               for employees hired after a date certain and
               adopting IRS Interim Amendments Nos. 1 and 
               No. 2. (10/5/09 - Action Delayed Weekly 
               to 2/1/2010) (ACTION DELAYED ONE WEEK TO 2/8/10, 7-0)
               Fact Sheet (18K)
               Attachment (362K)
               Motion To Amend 1 (6K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

24)  05-188    Change of Zone 3413 - Application of Landon's
               Neighborhood Assoc. for a change of zone from 
               R-4 Residential to R-2 Residential on property
               generally located at N. 24th and Superior
               Streets. (12/19/05 - Placed on Pending
               Indefinitely)
               Fact Sheet (1465K)

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)  07-58     Change of Zone 07010 - Application of Steve
               M. Champoux for a change of zone from AG
               Agricultural District to AGR Agricultural
               Residential District on property generally
               located at 134th and A Streets. (Request
               of applicant to continue P.H. to 5/7/07)
               (4/16/07 - 2nd Reading & P.H. Con't. to
               5/7/07 w/ Action 5/14/07) (Request to Delay
               Action w/con't. P.H. to 7/23/07) (5/14/07 -
               Action Delayed w/con't. P.H. to 7/23/07)
               (Request to Place on Pending - No Date
               Certain) (7/23/07 - Placed on Pending, 
               No Date Certain)
               Fact Sheet (1439K)

27)  09-20B    Annexation No. 08016 - Amending the Lincoln
               Corporate Limits Map by annexing approximately
               106 acres north of Interstate 80 on both sides
               of NW 48th Street. (3/2/09 - Placed on
               Pending Indefinitely)
               Fact Sheet (220K)
               Attachment (296K)

28)  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)

29)  09-97     Amending the pay schedule for a certain
               employee group by creating the
               classification of Senior Attorney.
               (8/3/09 - Placed on Pending; to be
               removed for 1st Reading at same time as 
               M Class has 1st Reading) (8/31/09 - P.H. con't 
               w/Action to 9/14/09) (9/14/09 - P.H. con't. 
               w/Action to 9/28/09) (9/28/09 - Placed on 
               Pending, No Date Certain)
               Fact Sheet (134K)
               Attachment (9K)

30)  09-98     Amending the pay schedule for a certain
               employee group by revising the
               classification of Attorney II. (8/3/09 -
               Placed on Pending; to be removed for
               1st Reading at same time as M Class
               has 1st Reading) (8/31/09 - P.H. con't 
               w/Action to 9/14/09) (9/14/09 - P.H. con't. 
               w/Action to 9/28/09) (9/28/09 - Placed on 
               Pending, No Date Certain)
               Fact Sheet (134K)
               Attachment (9K)

31)  09-101    Amending Chapter 2.78 of the Lincoln Municipal
               Code relating to the City's Personnel System by
               amending Section 2.78.010 Compensation Plan
               Established to exclude employees with a pay
               range prefixed by M; amending Sections 2.78.020
               Annual Leave, 2.78.025 Variable Merit Pay Plan,
               and 2.78.030 Sick Leave to delete the references
               to employees with a pay range prefixed by the
               letter M; and repealing 2.78 Title Page and
               Sections 2.78.010, 2.78.020, 2.78.025, and
               2.78.030 of the Lincoln Municipal Code as
               hitherto existing. (8/3/09 - Placed on
               Pending; to be removed for 1st Reading
               at same time as M Class has 1st Reading) 
               (8/31/09 - P.H. con't w/Action to 9/14/09) 
               (9/14/09 - P.H. con't. w/Action to 9/28/09) 
               (9/28/09 - Placed on Pending, No Date Certain)
               Fact Sheet (135K)
               Motion To Amend 1 (14K)

32)  09-103    Amending the pay schedule for a certain employee
               group by adjusting the hourly pay range schedule
               and schedules of annual, monthly, biweekly and
               hourly pay range equivalents for employees of
               the City of Lincoln whose classifications are
               assigned to pay ranges prefixed by the letter
               "M" to be effective August 20, 2009. (8/3/09
               - Placed on Pending; to be removed for
               1st Reading at same time as M Class has
               1st> Reading) (8/31/09 - P.H. con't
               w/Action to 9/14/09) (9/14/09 - P.H. con't.
               w/Action to 9/28/09) (9/28/09 - Placed on
               Pending, No Date Certain)
               Fact Sheet (134K)
               Attachment (138K)
               Motion To Amend 1 (158K)
               Motion To Amend 2 (378K)
               Motion To Amend 3 (559K)

33)  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)

34)  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)

35)            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)

36)  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)


  WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
  PUBLIC HEARING ON MONDAY, FEBRUARY 8, 2010, AT 3:00 P.M.
                                                (APPROVED, 7-0)

37)  10R-46    Approving a multi-year contract between the City
               of Lincoln, Lancaster County, Lincoln-Lancaster
               County Public Building Commission and Becker
               Construction Inc. for general construction
               projects less than $10,000.00 each on an 
               as-needed basis.
               Fact Sheet (40K)
               Attachment (1225K)

38)  10R-35    Authorizing the execution and delivery of the
               Lincoln Haymarket Joint Public Agency Agreement
               and related documents.
               Attachment (23K)

39)  10R-47    Directing submittal to the qualified electors of
               the City  a proposed general obligation bond
               issue in an amount not to exceed $25 million for
               construction of a new Lincoln Haymarket Arena
               and related improvements at the May 11, 2010
               primary election.

40)  10R-48    Approving a Memorandum of Understanding between
               the City of Lincoln and the Board of Regents of
               the University of Nebraska with respect to
               construction of the Lincoln Haymarket Arena,
               utilizing the JPA for financing and other
               financial agreements related to Premium Seating,
               and the subsequent lease of the Leased
               Improvements to Athletics for the use of its
               basketball teams for a 30 year term to commence
               September 1, 2013.
               Fact Sheet (18K)
               Attachment (5394K)

41)  10R-37    Directing submittal to the qualified electors of
               the City of a proposed Charter amendment
               amending Art. IX, relating to Finance and
               Taxation, by adding a new Section 26.b to allow
               the City to establish and adopt a biennial
               budget.
               Fact Sheet (19K)

42)  10R-38    Approving a request of the U.S. Census Bureau to
               encourage the community to partner with the U.S.
               Census Bureau in achieving an accurate and
               complete count in Census 2010.
               Fact Sheet (8K)

43)  10R-39    Misc. No. 09010 - Declaring the State Fair Park
               Redevelopment Area, consisting of approximately
               251 acres generally bounded by 14th Street to
               27th Street, between Salt Creek and Burlington
               Northern and Santa Fe Railroad corridors, as
               blighted and substandard.
               Fact Sheet (2234K)
               Attachment 1 (993K)
               Attachment (6139K)

44)  10R-40    Approving the selection of a contractor pursuant
               to the bids to be opened on January 28, 2010 and
               authorizing execution of the construction
               contract between the City and the Nebraska Dept.
               of Roads for the use of Federal Highway
               Infrastructure Investment Funds provided by the
               American Recovery and Reinvestment Act of 2009
               for the mill and overlay of Y Street from 18th
               Street to 27th Street, P Street from 17th Street
               to 27th Street, and N.W. 1st Street from W.
               Highland Blvd. to W. Fletcher Ave., Project
               LCLC-5236(2).
               Fact Sheet (19K)
               Attachment (45K)

45)  10R-41    Approving the selection of a contractor pursuant
               to the bids to be opened on January 28, 2010 and
               authorizing execution of the construction
               contract between the City and the Nebraska Dept.
               of Roads for the use of Federal Highway
               Infrastructure Investment Funds provided by 
               the American Recovery and Reinvestment Act of 
               2009 for the mill and overlay of Holdrege Street 
               from 19th Street to 25th Street, Cornhusker 
               Highway from Russell Drive to 70th Street, 
               70th Street from Aylesworth Avenue to Adams 
               Street, Vine Street from 70th Street to Sierra 
               Drive and Adams Street from I-180 to 14th Street, 
               Project LCLC-5247(11).
               Fact Sheet (19K)
               Attachment (45K)

46)  10R-42    Approving the selection of a contractor pursuant
               to the bids to be opened on January 28, 2010 and
               authorizing execution of the construction
               contract between the City and the Nebraska Dept.
               of Roads for the use of Federal Highway
               Infrastructure Investment Funds provided by the
               American Recovery and Reinvestment Act of 2009
               for the mill and overlay of O Street from 15th
               Street to 25th Street, O Street from 29th Street
               to 44th Street and O Street from Wedgewood Drive
               to 84th Street, Project LCLC-34-6(140).
               Fact Sheet (19K)
               Attachment (45K)

47)  10R-43    Approving the selection of a contractor pursuant
               to the bids to be opened on January 28, 2010 and
               authorizing execution of the construction
               contract between the City and the Nebraska Dept.
               of Roads for the use of Federal Highway
               Infrastructure Investment Funds provided by 
               the American Recovery and Reinvestment Act of 
               2009 to widen, mill and overlay Holdrege Street 
               from 33rd Street to 47th Street, Project
               LCLC-5244(7).
               Fact Sheet (19K)
               Attachment (45K)

48)  10R-44    Approving the selection of a contractor pursuant
               to the bids to be opened on January 28, 2010 and
               authorizing execution of the construction
               contract between the City and the Nebraska Dept.
               of Roads for the use of Federal Highway
               Infrastructure Investment Funds provided by 
               the American Recovery and Reinvestment Act of 
               2009 to widen, mill and overlay Holdrege Street 
               from 70th Street to 79th Street, Project
               LCLC-5244(8).
               Fact Sheet (19K)
               Attachment (45K)

49)  10R-45    Approving the selection of a contractor pursuant
               to the bids to be opened on January 28, 2010 and
               authorizing execution of the construction
               contract between the City and the Nebraska Dept.
               of Roads for the use of Federal Highway
               Infrastructure Investment Funds provided by 
               the American Recovery and Reinvestment Act of 
               2009 to widen, mill and overlay 70th Street 
               from Vine Street to Aylesworth Avenue, Project
               LCLC-5247(12).
               Fact Sheet (19K)
               Attachment (45K)


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. THE OPEN MICROPHONE SESSIONS DURING THE 
     MONTH OF FEBRUARY ARE THE 8TH AND THE 22ND.


ADJOURNMENT   4:56 P.M.



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