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Formal Agenda


           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, MARCH 8, 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


                            PUBLIC HEARING
                            CONSENT AGENDA

REPORTS OF CITY OFFICERS

 1)            Resolution setting the interest rate and levying
               the assessments on Special Assessment Group I of
               the Board of Equalization held March 1, 2010.
               (ADOPTED, 7-0; A-85760)

 2)            Resolution approving the distribution of funds
               representing interest earnings on short-term
               investments of Idle Funds during the month ended
               January 31, 2010.  (ADOPTED, 7-0; A-85761)

 3)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on February 22, 2010.  (PLACED ON FILE)

 4)            Report from City Treasurer of City Cash on hand
               at the close of business January 31, 2010. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 5)            Setting the hearing date of Monday, March 22,
               2010 at 3:00 p.m. for the application of Aura
               Inc. dba Aura Restaurant & Bar for a Class I
               liquor license located at 2500 Tamarin Ridge
               Road.  (ADOPTED, 7-0; A-85762)

 6)            THE FOLLOWING HAS BEEN PLACED ON FILE IN THE
               OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 09075 to
               Change of Zone No. 05054A Prairie Village PUD
               approved by the Planning Director on February
               26, 2010 requested by Prairie Village North, LLC
               to reduce the side yard setback from 5 feet to 3
               feet on Lot 88, Block 4 of the PUD, on property
               generally located two blocks north of N. 90th
               Street and Adams Street. This amendment was
               necessary due to an error made during the
               construction process.

 7)  MISCELLANEOUS REFERRALS - NONE

                        - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

 8)            Application of A.S. Hospitality Inc. dba Capital
               City Grill for the addition of a catering
               license to its Class C liquor license at 301
               North 8th Street.  (ADOPTED FOR APPROVAL, 7-0; 
               A-85763)

 9)            Application of OSI Restaurant   
               Partners,LLC OSF Nebraska Inc. dba 
               Outback Steakhouse for a Class I liquor 
               license at 633 North 48th Street.  
               (AMENDED, 7-0; ADOPTED FOR APPROVAL 
               AS AMENDED, 7-0; A-85764)

10)            Manager application of Robert S. Langley 
               for OSI restaurant Partners, LLC 
               OSF Nebraska Inc. dba Outback Steakhouse
               at 633 North 48th Street.  (AMENDED, 7-0; 
               ADOPTED FOR APPROVAL AS AMENDED, 7-0; 
               A-85765)

11)            Application of D.L. Cole Inc. dba The Isles Pub
               & Pizza for a Class D liquor license at 6242
               Havelock Avenue.  (ADOPTED FOR APPROVAL, 7-0; 
               A-85766)

12)            Manager application of David L. Cole for D.L.
               Cole Inc. dba The Isles Pub & Pizza at 6242
               Havelock Avenue.  (ADOPTED FOR APPROVAL, 7-0; 
               A-85767)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 13 
THRU 18 HAD 2ND READING)

13)  10-19     Creating Improvement District No.188 for
               the purpose of acquiring easements and
               additional right-of-way necessary, by
               negotiation and purchase or by condemnation
               if necessary, for the construction and
               future maintenance of public water mains,
               sanitary sewer and paving from the
               intersection of Betty Lou Blvd. and
               Glynoaks Drive to the west side of 84th
               Street and Augusta Drive, and assessing the
               costs thereof against the benefitted
               properties.
               Fact Sheet (13K)
               Attachment (4858K)

14)  10-20     Creating Paving District No. 2630 for the
               purpose of paving Glynoaks Drive from the
               intersection of Betty Lou Blvd. and
               Glynoaks Drive to the west side of 84th
               Street at Augusta Drive and assessing the
               cost thereof against the benefitted
               properties.
               Fact Sheet (13K)
               Attachment (4858K)

15)  10-21     Creating Water District No. 1202 for the
               purpose of constructing water mains from
               the intersection of Betty Lou Blvd. and
               Glynoaks Drive to the west side of 84th
               Street at Augusta Drive and assessing the
               cost thereof against the benefitted
               properties.
               Fact Sheet (12K)
               Attachment (4858K)

16)  10-22     Creating Sewer District No. 1186 for the
               purpose of constructing sanitary sewer
               mains from the intersection of Betty Lou
               Blvd. and Glynoaks Drive to the west side
               of 84th Street at Augusta Drive and
               assessing the cost thereof against the
               benefitted properties.
               Fact Sheet (12K)
               Attachment (4858K)

17)  10-24     Amending the pay schedule for a certain
               employee group by changing the title and
               pay range of Public Works Special Project
               Administrator to Public Works Liaison and
               Compliance Administrator.
               Fact Sheet (137K)

18)  10-25     Amending Chapter 5.20 of the Lincoln
               Municipal Code relating to Dances by
               amending Section 5.20.010 to lower the age
               in the definition of "minor" from nineteen
               years of age to eighteen years of age;
               amending Section 5.20.100 to require the
               parent or legal guardian accompanying a
               minor to a public dance to remain on the
               premises designated in the public dance
               permit at all times said minor is present
               and striking subsection (b) of said Section
               5.20.100 to maintain consistency with
               Chapter 5.20 as amended; and adding a new
               section numbered 5.20.140 to establish a
               severability section for Chapter 5.20.
               Fact Sheet (19K)


PUBLIC HEARING - RESOLUTIONS

19)  10R-65    Designating a Recovery Zone pursuant to the
               American Recovery and Reinvestment Tax Act of
               2009.  (ADOPTED, 7-0; A-85768)

20)  10R-66    Approving a two-year Advertising Agreement
               between the City and Cornhusker Bank for a two-
               year term for advertising rights on the
               electronic message systems at Pershing Municipal
               Auditorium at 15th and N Streets.  
               (ADOPTED, 7-0; A-85769)
               Fact Sheet (44K)
               Attachment (321K)

21)  10R-67    Approving the City of Lincoln Contract Agreement
               between the City and Hartland Cleaning Services
               & Associates for Bus Shelter Cleaning for a
               four-year term expiring November 30, 2013.  
               (ADOPTED, 7-0; A-85770)
               Fact Sheet (47K)
               Attachment (1103K)

22)  10R-68    Approving the City of Lincoln Contract Agreement
               between the City and Max I. Walker Uniform
               Rental for Lincoln Water System Uniform Rental
               Service for a four-year term expiring March 8,
               2014.  (ADOPTED, 7-0; A-85771)
               Fact Sheet (48K)
               Attachment (964K)

                         - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 23 
THRU 26 HAD 1ST READING)

23)  10-26     Change of Zone 09022A - Amending Section 1
               of Ordinance No. 19312 which designated the
               south half of Lot 29, J.G. Miller's
               Subdivision, as a special sign district to
               adjust the sign regulations for the
               underlying H-2 District, to allow an
               additional freestanding sign to be located
               on the westernmost property in the special
               sign district and to clarify that one
               freestanding sign may be located on any
               future pad site, on property generally
               located northeast of the intersection of
               South 48th and O Streets.
               Fact Sheet (237K)

24)  10R-73    Approving an Interlocal Agreement between 
               the City and Lancaster County for the 98th 
               Street roadway reconstruction from Yankee 
               Hill Road to Pine Lake Road and the 
               establishment of maintenance responsibilities. 
               (Related Items: 10R-73, 10R-74, 10-27) 
               (Action Date: 3/22/10)
               Fact Sheet (33K)
               Attachment (743K)

25)  10R-74    Approving Amendment No. 1 to the Conditional
               Annexation and Zoning Agreement for S. 84th and
               Highway 2 between the City and Andermatt, LLC
               and Eiger Corp., relating to the annexation of
               approximately 4.18 acres of property generally
               located at South 84th Street and Andermatt
               Drive. (Related Items: 10R-73, 10R-74, 10-27)
               (Action Date: 3/22/10)
               Fact Sheet (42K)
               Attachment (146K)

26)  10-27     Annexation No. 08026 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 4.18 acres of property
               generally located at South 98th Street and
               Andermatt Drive. (Related Items: 10R-73,
               10R-74, 10-27) (Action Date: 3/22/10)
               Fact Sheet (299K)
               Attachment (363K)


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

27)  10-14     Adopting the supplements to the Lincoln
               Municipal Code dated June 2009 and December
               2009 as part of the official Lincoln
               Municipal Code.  (PASSED, 7-0; #19350)
               Fact Sheet (17K)

28)  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.  (PASSED, 7-0; #19351)
               Fact Sheet (64K)

29)  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.  (PASSED, 7-0; 
               #19352)
               Fact Sheet (47K)
               Attachment (920K)

30)  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) (Action Date: 3/8/2010)
               (PASSED, 7-0; #19353)
               Fact Sheet (458K)
               Attachment (146K)

31)  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) (ADOPTED, 7-0; 
               A-85772)
               Fact Sheet (609K)

32)  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.  
               (PASSED, 7-0; #19354)
               Fact Sheet (63K)

33)  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. (PASSED, 7-0; #19355)
               Fact Sheet (46K)
               Attachment (88K)

34)  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 3/8/2010) (ACTION DELAYED ONE WK. 
               TO 3/15/10, 7-0)
               Fact Sheet (18K)
               Attachment (362K)
               Motion To Amend 1 (6K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

35)  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)

36)  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)

37)  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)

38)  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)

39)  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)

40)  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)

41)  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)

42)  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)

43)  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)

44)  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)

45)  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)

46)            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)

47)  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 15, 2010, AT 3:00 P.M.
                                                 (APPROVED, 7-0)

48)  10R-69    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of February 16 -
               28, 2010.
               Fact Sheet (14K)
               Attachment (25K)

49)  10R-70    Approving an agreement between the City on
               behalf of the Lincoln-Lancaster County Health
               Department and Union College for the Health
               Department to provide field and clinical
               training to Union College nursing students at
               the Health Department for a term of November 15,
               2009 to December 31, 2012.
               Fact Sheet (37K)
               Attachment (625K)

50)  10R-75    Comprehensive Plan Amendment No. 10001 -
               Amending the 2030 Lincoln/Lancaster County
               Comprehensive Plan to adopt and incorporate the
               Lincoln Water System Facilities Master Plan.
               Fact Sheet (73K)
               Attachment (19048K)


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 
     MARCH ARE THE 8TH AND THE 29TH.


ADJOURNMENT   4:16 P.M.



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