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Formal Agenda



            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                 MONDAY, FEBRUARY 22, 2010 AT 5:30 P.M.

                          ALL MEMBERS PRESENT
                         

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

                             PUBLIC HEARING
                             CONSENT AGENDA


REPORTS OF CITY OFFICERS

 1)  10R-52    Reappointing Sitaram Jaswal to the Air Pollution
               Control Advisory Board for a three-year term
               expiring October 1, 2012.  (ADOPTED, 7-0; A-85731)

 2)  10R-53    Appointing Timothy Plander to the Air Pollution
               Control Advisory Board for a three-year term
               expiring October 1, 2012.  (ADOPTED, 7-0; A-85732)
               Attachment (31K)

 3)            Request of Public Works to set the hearing date
               of Monday, March 8, 2010, at 3:00 p.m. and place
               on the formal City Council Agenda the following:
               10-19     To provide authority to create a
                         special assessment for an Improvement 
                         District from the intersection of 
                         Betty Lou Blvd. and Glynoaks Drive 
                         to the west side of 84th Street at 
                         Augusta Drive.
               10-20     To provide authority to create a
                         special assessment for a Paving 
                         District from the intersection of
                         Betty Lou Blvd. and Glynoaks Drive 
                         to the west side of 84th Street at 
                         Augusta Drive.
               10-21     To provide authority to create and 
                         order constructed  a special
                         assessment district for 8" and 6"
                         water mains located  from the
                         intersection of Betty Lou Blvd. and 
                         Glynoaks Drive to the west side of 
                         84th Street at Augusta Drive.
               10-22     To provide authority to create and 
                         order constructed a  special
                         assessment district for 8" and 6"
                         sanitary sewer mains located from 
                         the intersection of Betty Lou Blvd.
                         and Glynoaks Drive to the west side 
                         of 84th Street at Augusta Drive. 
                         (APPROVED, 7-0)

 4)            Affidavit of Mailing for Board of Equalization
               Group I, Sewer District No. 1183 and Sidewalk
               District No. 95 to Be held Monday, March 1, 2010
               at 3:00 p.m. (PLACED ON FILE)

 5)            Accepting the Assessment Resolutions for Board
               of Equalization Group I, Sewer District No 1183
               and Sidewalk District No. 95  to be held Monday,
               March 1, 2010, at 3:00 p.m.  (ADOPTED SEWER DIST. 
               NO. 1183, 7-0; A-85733; ADOPTED SIDEWALK DIST. 
               NO. 95, 7-0; A-85734)

 6)            Resolution approving the distribution of funds
               representing interest earnings on short-term
               investments of Idle Funds during the month ended
               December 31, 2009.  (ADOPTED, 7-0; A-85735)

 7)            Clerk's Letter and Mayor's Approval of Resolutions 
               and Ordinances passed by the City Council on 
               February 1, 2010.  (PLACED ON FILE)

 8)            Clerk's Letter and Mayor's Approval of Resolutions 
               and Ordinances passed by the City Council on 
               February 8, 2010.  (PLACED ON FILE)

 9)            Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for the month of January,
               2010.  (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

10)            Setting the hearing date of Monday, March 8,
               2010 at 3:00 p.m. for the application of OSF
               Nebraska, Inc. dba Outback Steakhouse for a
               Class I liquor license located at 633 N. 48th
               Street.  (ADOPTED, 7-0; A-85736)

11)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
               DEPARTMENT:
               Change of Zone No. 09022A - Req. by the
               Director of Planning to amend the special sign
               district on property generally located at N.
               48th Street and O Street.
               Special Permit No. 1816B - Req. by Noel
               Chadd an amendment for an extension of time for
               soil extraction on property generally located at
               SW 40th Street and West Vine Street.

12)            THE FOLLOWING HAVE BEEN PLACED ON FILE IN THE
               OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 10008 to
               Special Permit No. 991 approved by the Planning
               Director on February 5, 2010, requested by
               Gilbert Eley to rescind Special Permit No. 991
               originally approved for a mobile home park on
               property located at 3720 Adams.
               Administrative Amendment No. 10007 to Use
               Permit No. 04005A approved by the Planning
               Director on February 8, 2010, requested by Dan
               Klein of Regal Building Systems, Inc. to reduce
               the rear yard setback from 40 feet to 35 feet on
               a portion of Lot 14 for the office building and
               add Note 21 to allow eaves, overhangs, etc., to
               encroach over setback lines or building
               envelopes, but not lot lines, on property
               generally located at N. 1st Street and Barons
               Road.
               Administrative Amendment No. 10004 to
               Special Permit No. 1851 and Special Permit No.
               1851A approved by the Planning Director on
               February 9, 2010, requested by Tabitha Health
               Care Services to rescind Special Permit No. 1851
               and Special Permit No. 1851A originally approved
               to allow an early childhood care facility on
               property generally located northeast of the
               intersection of S. 47th Street and J Street. The
               area of Special Permit No. 1851 and Special
               Permit No. 1851A are now part of Special Permit
               No. 384G which covers the larger Tabitha campus
               and separate Special Permit No. 1851 and Special
               Permit No. 1851A are not necessary.
               Administrative Amendment No. 10005 to
               Special Permit No. 04037 approved by the
               Planning Director on February 9, 2010, requested
               by Tabitha Health Care Services to rescind
               Special Permit No. 04037 originally approving a
               health care facility to allow a Green House on
               property generally located northeast of the
               intersection of S. 47th Street and J Street. The
               area of Special Permit No. 04037 is now part of
               Special Permit No. 384G which covers the larger
               Tabitha campus and a separate Special Permit No.
               04037 is not necessary.


13)  MISCELLANEOUS REFERRALS - NONE


                    - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 14 
THRU 18 HAD 2ND READING)

14)  10-10     Change of Zone 09030 - Application of
               Continental Properties for a change of zone
               from R-3 Residential District to R-5
               Residential District on property generally
               located northeast of the intersection of
               South 91st Street and Heritage Lakes Drive.
               (Related Items: 10-10, 10R-50)
               Fact Sheet (838K)

15)  10R-50    Special Permit 09029 - Application of
               Continental Properties to develop the Heritage
               Lakes Drive Multi-Family Community Unit Plan for
               up to 270 dwelling units, with adjustments to
               the parking requirement and to allow entrance
               signs to be located at alternate locations, on
               property generally located northeast of the
               intersection of South 91st Street and Heritage
               Lakes Drive. (Related Items: 10-10, 10R-50)
               (Action Date: 3/1/10)
               Fact Sheet (1377K)

16)  10-11     Amending Section 9.16.250 of the Lincoln
               Municipal Code relating to Residency
               Restrictions for Sexual Predators to amend
               referenced dates within the section to
               conform with State statute.
               Fact Sheet (17K)

17)  10-12     Approving a Lease Agreement between the
               City and Lincoln Medical Educational
               Partnership for a lease of space for a
               three-year term for use by the Lincoln
               Police Department.
               Fact Sheet (40K)
               Attachment (310K)

18)  10-13     Amending Title 21 of the Lincoln Municipal
               Code by creating a new Chapter 21.05 to
               adopt the 2009 edition of the International
               Property Maintenance Code, with amendments,
               additions and deletions thereto, to
               regulate and govern the conditions and
               maintenance of residential property,
               buildings, and structures; to provide the
               standards for supplied utilities and
               facilities and other physical things and
               conditions essential to ensure that
               structures are safe, sanitary and fit for
               occupation and use, and the condemnation of
               buildings and structures unfit for human
               occupancy and use, and the demolition of
               such existing structures within the City of
               Lincoln and within three miles thereof and
               outside the limits of any other incorporated 
               city or village; and to provide for the 
               issuance of permits and collection of fees 
               therefor and repealing Chapter 21.01 of the 
               Lincoln Municipal Code (the Lincoln Housing 
               Code); and establishing the operative date 
               for this ordinance as 30 days after passage.
               Fact Sheet (39K)


PUBLIC HEARING - RESOLUTIONS

19)  10R-49    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, 2010. (MTA #1 ADOPTED, 7-0; ADOPTED AS 
               AMENDED, 7-0; A-85737)
               Fact Sheet (14K)
               Attachment (23K)
               Motion To Amend (6K)

20)  10R-54    Ordering Alley Re-paving District No. 49
               constructed in the east/west alley, 10th to 11th
               Streets, G to H Streets. (ADOPTED, 7-0; 
               A-85738)
               Fact Sheet (12K)
               Attachment (2491K)

21)  10R-51    Identifying and declaring the area generally
               located along South 48th Street between Calvert
               Street and Pioneers Blvd as the College View
               Business Improvement Area; approving the
               appointment of Gary Bollinger, Ron Detweiler,
               Ken Bougger, Terry Bock and Lynn Fisher as
               members of the Business Improvement Board to be
               known as the "College View Improvement Board";
               and directing the Board to make recommendations
               to the City Council for the establishment of a
               plan for improvements in the College View
               Business Improvement Area. (ADOPTED, 7-0; 
               A-85739)
               Fact Sheet (64K)
               Attachment (467K)

                       - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 22 
THRU 28 HAD 1ST READING)

22)  10-14     Adopting the supplements to the Lincoln
               Municipal Code dated June 2009 and December
               2009 as part of the official Lincoln
               Municipal Code.
               Fact Sheet (17K)

23)  10-15     Amending Chapter 16.04 of the Lincoln
               Municipal Code relating to Termination of
               Domestic Utility Services by amending
               Section 16.04.050, Notice of Termination,
               to provide that such notice need only be
               conspicuously posted at the front entrance
               to the premises, and, in the case of a
               master-metered apartment building, to
               provide that such notice need only be
               posted on or near the main entrance to each
               unit.
               Fact Sheet (64K)

24)  10-16     Approving a Sublease Agreement between the
               City and DAS/State Building Division on
               behalf of Nebraska Department of Education,
               Vocational Rehabilitation Services, at the
               One Stop Center at 1010 N Street for
               providing job training and employment
               services under the Workforce Investment Act
               for a two-year term from January 1, 2010
               through December 31, 2011.
               Fact Sheet (47K)
               Attachment (920K)

25)  10-17     Change of Zone 10001 HP - Application of
               Karolyn Howard to designate the Tuttle Schaupp 
               House located at 3008 O Street as a Historic 
               Landmark. (Related Items: 10-17, 10R-63)
               Fact Sheet (458K)
               Attachment (146K)

26)  10R-63    Special Permit 10001 - Historic Preservation
               application of Karolyn Howard to adjust the
               parking and yard requirements for the Tuttle-
               Schaupp House generally located at 3008 O
               Street. (Related Items: 10-17, 10R-63)
               (Action Date: 3/8/2010)
               Fact Sheet (609K)

27)  10-18     Change of Zone 10002 - Amending Section
               27.63.110 of the Lincoln Municipal Code
               relating to Special Permits for Garden
               Centers to clarify that garden centers are
               a permitted special use in the R-2 zoning
               district, to include the B-2, H-1, H-4, I-2
               and I-3 districts to the list of districts
               the land for the garden center must be
               adjacent to; to clarify that the 100-foot
               setback for buildings and parking lots from
               all exterior lot lines is limited to the AG
               and AGR districts; and to correct the
               districts listed in subsection (e) to
               correctly reflect the title of Section 7.5
               in Chapter 3.50 of the City's Design
               Standards for Zoning Regulations.
               Fact Sheet (63K)

28)  10-23     Approving a Grant Agreement between the
               City of Lincoln, the Lincoln Parks Foundation 
               and the UNF Charitable Gift Fund to accept 
               a $1.5 million donation for the construction 
               and endowment of Union Plaza, to name the 
               park as "Union Plaza", and to name the 
               fountain as the "Dean and Pat Muhleisen 
               Memorial Fountain", on property generally 
               located at North 21st Street and P Street.
               Fact Sheet (46K)
               Attachment (88K)


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

29)  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.
               (PASSED, 7-0; #19345)
               Fact Sheet (44K)
               Attachment (61K)

30)  09-132    Adopting an amended and restated City of Lincoln
               Employees' Retirement Plan and Trust f 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
               2/22/2010) (ACTION DELAYED ONE WEEK TO 
               3/01/10, 7-0)
               Fact Sheet (18K)
               Attachment (362K)
               Motion To Amend 1 (6K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

31)  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)

32)  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)

33)  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)

34)  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)

35)  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)

36)  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)

37)  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)

38)  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)

39)  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)

40)  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)

41)  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)

42)            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)

43)  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, MARCH 1, 2010, AT 3:00 P.M.
                                                (APPROVED, 7-0)

44)  10R-59    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, 2010.
               Fact Sheet (14K)
               Attachment (25K)

45)  10R-55    Appointing Mary Reece, Takako Olson and Anitra
               Warrior to the Lincoln Commission on Human
               Rights for three-year terms expiring on December
               31, 2012.
               Attachment (74K)

46)  10R-56    Appointing Mitchell Paine to the StarTran
               Advisory Board for a three-year term expiring
               October 20, 2012.
               Attachment (43K)

47)  10R-57    Appointing Michael Thompson to the Citizen
               Police Advisory Board for a three-year term
               expiring November 17, 2012.
               Attachment (37K)

48)  10R-58    Approving appropriations in the amount of
               $32,879.00 from the operation of Keno Lottery
               Funds for various human services (Round 31).
               Attachment (39K)

49)  10R-60    Approving a multi-year contract between the City
               of Lincoln, Lancaster County, Lincoln-Lancaster
               County Public Building Commission and the three
               selected vendors, Murphy Tractor, NCS Equipment
               Rental, and Hamilton Equipment for equipment and
               accessary rental on an as-needed basis.
               Fact Sheet (46K)
               Attachment (981K)
               Attachment (1062K)
               Attachment (955K)

50)  10R-61    Approving an Interlocal Agreement between the
               City, Lancaster County, and the Village of
               Bennet for the operation of a Keno lottery in
               Bennet.
               Fact Sheet (38K)
               Attachment (107K)

51)  10R-62    Approving an amendment to the joint City-County
               three-year agreement with Thomson West for
               electronic legal research for the period of July
               1, 2008 through June 30, 2011, to increase the
               number of authorized attorneys from 65 to 70.
               Fact Sheet (45K)
               Attachment (47K)

52)  10R-64    Approving a transfer of appropriations in the
               amount of $51,000.00 within the Parks and
               Recreation CIP fund to the Mahoney Golf Course
               Clubhouse to make restrooms and exterior
               walkways accessible.
               Fact Sheet (74K)


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   6:31 P.M.



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