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Formal Agenda


           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, MARCH 15, 2010 AT 3:00 P.M.

                           ALL MEMBERS PRESENT

      MAYOR'S AWARD OF EXCELLENCE FOR FEBRUARY 2010 PRESENTED TO
          DAVID RICE, ARBORIST, PARKS & RECREATION DEPARTMENT
                           IN THE CATEGORIES OF
            LOSS PREVENTION, PRODUCTIVITY, SAFETY AND VALOR

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

 2)            Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for February 2010. 
               (PLACED ON FILE)

 3)            Report from City Treasurer of franchise tax for
               the month of January, 2010 from Black
               Hills/Nebraska Gas Utility Co., LLC.
               (PLACED ON FILE)

 4)            Report from City Treasurer of E911 surcharge for
               December 2009: Charter Fiberlink - Nebraska, LLC; 
               January 2010: ACN Communication Services, 
               AT&T Communications of Midwest, Budget Prepay, 
               Comtel Telcom Assets, iNetworks Group, Inc., 
               Vonage America. (PLACED ON FILE)

 5)            Report from City Treasurer of Telecommunications
               Occupation Tax for October 2009: Nebraska
               Technology & Telecomm.; November 2009:
               Nebraska Technology & Telecomm.; Jan.-Dec.
               2009: Deltacom, Inc.; 4th Quarter 2009: 
               Guaranteed Phone Service, Matrix Telecom, 
               MegaPath, Reliance; December 2009: AccessLine, 
               ACN Communications Services, AireSpring, Airnex, 
               Alltel Comm of NE, AT&T Comm. of Midwest, 
               Broadband Dynamics, Broadwing Comm., BullsEye 
               Telecom, Business Telecom, Cellco Partnership, 
               CIMCO Comm., Cincinnati Bell Any Distance, 
               Comtel Telcom Assets, CTI Long Distance, Global 
               Crossing, Globalstar USA, Granite, IBM Global, 
               IDT Domestic, Intellicall Operator Services, 
               KDDI America, McLeodUSA, Nebraska Technology &
               Telecomm., Network Billing Systems, New Cingular
               Wireless, New Edge Networks, Norlight, Norstan,
               Omaha Cellular, OnStar, Primus, Public
               Communications Services, Quantum Shift, Qwest
               Comm., Sioux City MSA, TCG Omaha, Telecorp
               Comm., TON Services, TracFone Wireless, Trans 
               National, TWC Digital Phone, UCN, USCOC of 
               Greater Iowa, USCOC of Nebraska/Kansas, Verizon 
               Wireless, Virgin Mobile USA, VoiceCom, Windstream 
               Nebraska #150, Windstream Nebraska #494, 
               Working Assets Funding Service, WWC License, 
               XO Communications, Services; January 2010: ATS Mobile 
               Telephone, BT Americas, Business Telecom, Covista, 
               D&D Comm., DCT Telecom Group, First Communications,
               Globalcom, IBFA Acquisitions, i-wireless, NOS
               Comm., NOSVA, SBC Long Distance, 360networks,
               Telecom Management, Total Holdings, TSG Global,
               Unite Private Networks, Wholesale Carrier
               Services, Yestel USA.  (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 6)            Setting the hearing date of Monday, April 5,
               2010 at 3:00 p.m. for the application of Kinja
               Inc. dba Kinja Sushi & Japanese Cuisine for a
               Class I liquor license located at 4141 Pioneer
               Woods Drive, Suite F.  (ADOPTED, 7-0; 
               A-85773)

 7)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING 
               DEPARTMENT:
               Change of Zone 10004 - Application of
               Juan Rodriguez from I-1 (Industrial) to B-3
               (Commercial) on property generally located at N.
               22nd Street and Y Street.
               Change of Zone 10005 - Application of
               Historic Preservation Commission to designate a
               historic landmark on property generally located
               at S. 29th Street and Washington Street.
               Change of Zone 10006 - Application of
               Olsson Associates from AG (Agricultural) to R-3
               (Residential) on property generally located at
               S. 62nd Street and Yankee Hill Road.
               Special Permit 872G - Application of
               Olsson Associates for an amendment to the
               Firethorn Community Unit Plan, to allow an
               additional golf clubhouse with request to waive
               the sign requirements and setbacks on property
               generally located at S. 84th Street and Van Dorn
               Street.
               Special Permit No. 10012 - Application of
               Troy Schon for expansion of a nonconforming use
               on property generally located at S. 29th Street
               and Laurel Street.
               Special Permit No. 10014 - Application of
               the Historic Preservation Commission for the
               Historic Preservation of Elias Dial House as a
               historic landmark and to reduce the side yard
               setback on property generally located at S. 29th
               Street and Washington Street.


 8)  MISCELLANEOUS REFERRALS - NONE

                        - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE

PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 9 
THRU 12 HAD 2ND READING)

 9)  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)

10)  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)

11)  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 98th Street and Andermatt
               Drive. (Related Items: 10R-73, 10R-74, 10-27)
               (Action Date: 3/22/10)
               Fact Sheet (42K)
               Attachment (146K)

12)  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)


PUBLIC HEARING - RESOLUTIONS

13)  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.  (ADOPTED, 7-0; A-85774)
               Fact Sheet (14K)
               Attachment (25K)

14)  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.  
               (ADOPTED, 7-0; A-85775)
               Fact Sheet (37K)
               Attachment (625K)

15)  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.
               (ADOPTED, 7-0; A-85776)
               Fact Sheet (73K)
               Attachment (19048K)

                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 16 & 
17 HAD 1ST READING)

16)  10-28     Approving a Lease Agreement between the
               City and Nebraska National Bank for golf
               course maintenance equipment for use by the
               City Parks and Recreation Golf Division for
               a five year term. (Request 2nd & 3rd
               Readings w/Action on 3/22/10)
               Fact Sheet (45K)
               Attachment (366K)

17)  10-29     Approving a Lease Agreement between the
               City, Nebraska Golf & Turf, Inc. and
               Nebraska National Bank for 240 golf cars
               and 10 utility vehicles for use by the City
               Parks and Recreation Golf Division for a
               five year term. (Request 2nd & 3rd
               Readings w/Action on 3/22/10)
               Fact Sheet (45K)
               Attachment (291K)


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

18)  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. (PASSED, 7-0; #19356)
               Fact Sheet (13K)
               Attachment (4858K)

19)  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. (PASSED, 7-0; #19357)
               Fact Sheet (13K)
               Attachment (4858K)

20)  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. (PASSED, 7-0; #19358)
               Fact Sheet (12K)
               Attachment (4858K)

21)  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. 
               (PASSED, 7-0; #19359)
               Fact Sheet (12K)
               Attachment (4858K)

22)  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. 
               (PASSED, 7-0; #19360)
               Fact Sheet (137K)

23)  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.
               (PASSED, 7-0; #19361)
               Fact Sheet (19K)

24)  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 3/15/2010)  (ACTION DELAYED 
               ONE WEEK TO 3/22/10, 7-0)
               Fact Sheet (18K)
               Attachment (362K)
               Motion To Amend 1 (6K)



PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK, SEE ITEMS 30 THRU 33)

25)  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)

26)  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)

27)  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)

28)  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)

29)  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)

30)  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) (REMOVED FROM PENDING TO HAVE 
               1ST READING ON 3/22/10, 7-0)
               Fact Sheet (134K)
               Attachment (9K)

31)  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) 
               (REMOVED FROM PENDING TO HAVE 1ST READING 
               ON 3/22/10, 7-0)
               Fact Sheet (134K)
               Attachment (9K)


32)  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)
               (REMOVED FROM PENDING TO HAVE 1ST READING 
               ON 3/22/10, 7-0)
               Fact Sheet (135K)
               Motion To Amend 1 (14K)

33)  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) (REMOVED FROM PENDING TO HAVE 
               1ST READING ON 3/22/10, 7-0)
               Fact Sheet (134K)
               Attachment (138K)
               Motion To Amend 1 (158K)
               Motion To Amend 2 (378K)
               Motion To Amend 3 (559K)

34)  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)

35)  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)

36)            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)

37)  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 22, 2010, AT 3:00 P.M.
                                                 (APPROVED, 7-0)

38)  10R-78    Approving a Contract Agreement between the City,
               Lancaster County, the Lincoln-Lancaster County
               Public Building Commission and Konica Minolta
               Business Solutions USA Inc. for a Cost per Copy
               Program pursuant to Bid No. 09-277 for a four-
               year term with the option for three additional
               one-year terms.
               Fact Sheet (49K)
               Attachment (628K)

39)  10R-71    Approving a three-year maintenance renewal
               contract between the City and Sendio for SPAM
               Server software maintenance.
               Fact Sheet (51K)
               Attachment (375K)

40)  10R-76    Reappointing Robert Baldwin, Charles Bowmaster,
               Dean Clawson, John Faz, Kenneth Orr and Jesse
               Smith to the Veterans' Memorial Garden Advisory
               Council for terms expiring November 1, 2012.

41)  10R-77    Appointing Diane Bartels and William Bowman to
               the Veterans Memorial Garden Advisory Council
               for three-year terms expiring November 1, 2012.
               Attachment (52K)

42)  10R-79    Approving a Contract Agreement between the City,
               on behalf of the Lincoln-Lancaster County Health
               Department, and CenterPointe, Inc. to provide
               medical services to CenterPointe residents for a
               term of March 1, 2010 through February 29, 2012.
               Fact Sheet (38K)
               Attachment (59K)

43)  10R-80    Approving an Interlocal Agreement between the
               City, on behalf of the Lincoln-Lancaster County
               Health Department, and Lincoln Public Schools
               for the provision of meals for the Health
               Department's Summer Food Service Program for a
               period of June 7, 2010 through August 13, 2010.
               Fact Sheet (38K)
               Attachment (438K)

44)  10R-81    Approving a resolution in support of the Google
               Fiber for Communities program to test ultra-high
               speed broadband networks in Lincoln.
               Fact Sheet (19K)


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   3:47 P.M.


                                   ***
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          which is broadcast live at 3:00 p.m. every Monday and
              at 5:30 p.m. on the last Monday of each month
              will be rebroadcast on Saturdays at 1:00 p.m.,
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                      on 5 City-TV, Cable Channel 5.
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The City Council Agenda and Action Sheet may be accessed on the Internet at:
                              lincoln.ne.gov
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