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Formal Agenda


        ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, MARCH 22, 2010 AT 3:00 P.M.

                  ALL MEMBERS PRESENT EXCEPT CAMP


  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-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.
               (ADOPTED, 6-0; A-85777)

 2)  10R-77    Appointing Diane Bartels and William Bowman to
               the Veterans Memorial Garden Advisory Council
               for three-year terms expiring November 1, 2012.
               (ADOPTED, 6-0; A-85778)
               Attachment (52K)

 3)            Accepting Report of Board of Equalization to the
               City Council on Group I,  Sidewalk District 95
               and Sewer District 1183. (PLACED ON FILE)

 4)            Clerk's Letter and Mayor's approval of
               Ordinances & Resolutions passed by Council on
               March 8, 2010.  (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 5)            THE FOLLOWING HAVE BEEN PLACED ON FILE IN THE
               OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 09070 to
               Special Permit No. 228E, Capitol Beach, approved
               by the Planning Director on March 9, 2010,
               requested by Josh Schwartz, to reduce the side
               yard setback to 0.8 feet and the rear yard
               setback to zero for an existing boathouse at 222
               W. Lakeshore Dr.  The reduction in the setback
               will enable the owner to build a deck and cover
               over the existing boathouse. 
               Administrative Amendment No. 10003 to
               Change of Zone No. 04075A, Village Gardens
               Planned Unit Development, approved by the
               Planning Director on March 11, 2010, requested
               by Olsson Associates, to add Type B/C to the Lot
               Building & Type and Parking Matrices on Pages 14
               and 16, to add a new use type for Type B/C -
               Bungalow Court on Page 20, and to add a
               definition for Bungalow Court to the glossary on
               Page 28, on property generally located at S.
               56th Street and Pine Lake Road.  
               Administrative Amendment No. 09048 to
               Special Permit No. 07001, South Shore Townhomes
               Waterford Estates, approved by the Planning
               Director on March 12, 2010, requested by Olsson
               Associates, for an amendment to Note 8 regarding
               sidewalks to delete "placed 4 feet from back of
               curb" and to add Note 22 to clarify building
               setbacks, on property generally located at N.
               98th Street and "O" Street.


 6)  MISCELLANEOUS REFERRALS

                    - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 7)            Application of Aura Inc. dba Aura Restaurant &
               Bar for a Class I liquor license at 2500 Tamarin
               Ridge Road. (ADOPTED FOR APPROVAL, 5-1; CARROLL,
               COOK, EMERY, SNYDER, SPATZ ASSENTING; HORNUNG DISSENTING;
               A-85779)

 8)            Manager application of Michael A. Works for Aura
               Inc. dba Aura Restaurant & Bar at 2500 Tamarin
               Ridge Road. (ADOPTED FOR APPROVAL, 5-1; CARROLL,
               COOK, EMERY, SNYDER, SPATZ ASSENTING; HORNUNG DISSENTING;
               A-85780)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 9 & 10 HAD 2ND READING)

 9)  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)(REQUEST WITHDRAWN)
               Fact Sheet (45K)
               Attachment (366K)

10)  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)(REQUEST WITHDRAWN)
               Fact Sheet (45K)
               Attachment (291K)


PUBLIC HEARING - RESOLUTIONS

11)  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. (ADOPTED, 6-0; A-85781)
               Fact Sheet (49K)
               Attachment (628K)

12)  10R-71    Approving a three-year maintenance renewal
               contract between the City and Sendio for SPAM
               Server software maintenance.(ADOPTED, 6-0; 
               A-85782)
               Fact Sheet (51K)
               Attachment (375K)

13)  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.
               (ADOPTED, 6-0; A-85783)
               Fact Sheet (38K)
               Attachment (59K)

14)  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.
               (ADOPTED, 6-0; A-85784)
               Fact Sheet (38K)
               Attachment (438K)

15)  10R-81    Approving  a resolution in support of the Google
               Fiber for Communities program to test ultra-high
               speed broadband networks in Lincoln.
               (ADOPTED, 6-0; A-85785)
               Fact Sheet (19K)

                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 16 THRU 23 HAD 1ST READING; SEE ITEM 16)

16)  10-31     Approving a contract between the City and
               Lincoln Haymarket Development Corp. to
               operate and regulate a Saturday public
               market in the Haymarket area, 7th Street
               from P to Q Streets and P Street from 7th
               to 8th Streets from May 1, 2010 through
               October 9, 2010 and on 8th Street from P to
               Q Street from June 5, 2010 through August
               28, 2010. (DELAYED PUBLIC HEARING TO 4/5/10, 6-0)
               Fact Sheet (55K)
               Attachment (338K)

17)  10-30     Amending Chapter 2.76 of the Lincoln
               Municipal Code relating to the City's
               Personnel System by amending Section
               2.76.380, Sick Leave with Pay, relating to
               employees in a pay range prefixed by M to
               provide that 65% of an employee's
               accumulated sick leave will be paid upon
               retirement, death, or reduction in force;
               amending Section 2.76.395, Vacation Leave
               with Pay, to increase the maximum number of
               vacation hours that an employee with a pay
               range prefixed by E may accumulate over and
               above their annual earning rate from 40 to
               80 hours.
               Fact Sheet (39K)

18)  10R-85    Approving a labor contract between the City of
               Lincoln and the Lincoln "M" Class Employees
               Association to be effective August 20, 2009.
               (Related Items: 10R-85, 10R-84, 09-97, 09-98,
               09-101, 09-103) (Action Date: 4/5/10)
               Fact Sheet (37K)
               Attachment (690K)
               2009 M Class Contract - Legislative Version (56K)

19)  10R-84    Approving a labor contract between the City of
               Lincoln and the Lincoln "M" Class Employees
               Association to be effective August 19, 2010.
               (Related Items: 10R-85, 10R-84, 09-97, 09-98,
               09-101, 09-103) (Action Date: 4/5/10)
               Fact Sheet (38K)
               Attachment (690K)

20)  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) (3/15/10 - Removed from
               Pending to have 1st Reading on 3/22/10)
               (Related Items: 10R-85, 10R-84,
               09-97, 09-98, 09-101, 09-103) (Action Date:
               4/5/10)
               Fact Sheet (134K)
               Attachment (9K)

21)  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)
               (3/15/10 - Removed from Pending to have
               1st Reading on 3/22/10) (Related Items:
               10R-85, 10R-84, 09-97, 09-98, 09-101, 09-103)
               (Action Date: 4/5/10)
               Fact Sheet (134K)
               Attachment (9K)

22)  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) (3/15/10 - Removed from Pending
               to have 1st Reading on 3/22/10)
               (Related Items: 10R-85, 10R-84, 09-97, 09-98,
               09-101, 09-103) (Action Date: 4/5/10)
               Fact Sheet (135K)
               Motion To Amend 1 (14K)
               Motion To Amend 2 (15K)

23)  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) (3/15/10 -
               Removed from Pending to have 1st Reading on 
               3/22/10) (Related Items: 10R-85, 10R-84,
               09-97, 09-98, 09-101, 09-103) (Action Date:
               4/5/10)
               Fact Sheet (134K)
               Attachment (138K)
               Motion To Amend 1 (158K)
               Motion To Amend 2 (378K)
               Motion To Amend 3 (559K)
               Motion To Amend 4 (116K)


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

24)  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. (PASSED, 6-0; #19362)
               Fact Sheet (237K)

25)  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)
               (ADOPTED, 6-0; A-85786)
               Fact Sheet (33K)
               Attachment (743K)

26)  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 98th Street and Andermatt Drive.
               (Related Items: 10R-73, 10R-74, 10-27)
               (Action Date: 3/22/10) (AMENDED, 6-0; ADOPTED, 6-0;
               A-85787)
               Fact Sheet (42K)
               Attachment (146K)

27)  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)
               (PASSED, 6-0; #19363)
               Fact Sheet (299K)
               Attachment (363K)

28)  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
               3/22/2010) (ACTION DELAYED ONE WEEK TO 3/29/10, 6-0)
               Fact Sheet (18K)
               Attachment (362K)
               Motion To Amend 1 (6K)
               Motion To Amend 2 (2093K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST	(EXTENDED ONE WEEK)

29)  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)

30)  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)

31)  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)

32)  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)

33)  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)

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 29, 2010, AT 5:30 P.M.
						(APPROVED, 6-0)

38)  10R-83    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of March 1 - 15,
               2010.
               Fact Sheet (14K)
               Attachment (24K)

39)  10R-72    Approving a three-year maintenance renewal
               contract between the City and Numara for Track-
               It software maintenance.
               Fact Sheet (51K)
               Attachment (393K)

40)  10R-86    Approving a Professional Services Contract
               between the City, on behalf of the Lincoln-
               Lancaster County Health Department, and Lincoln
               Action Program for medical services from
               February 1, 2010 through January 31, 2013.
               Fact Sheet (36K)
               Attachment (327K)

41)  10R-82    Approving Supplement No. 2 to Cooperative
               Agreement between the City and the State of
               Nebraska Department of Roads for Project No. NH-
               6-6(154) to perform a Location Study,
               Environmental Document, and Location Public
               Hearing on U.S. Highway 6 between Cornhusker
               Highway and West O Street.
               Fact Sheet (36K)
               Attachment (40K)

42)  10R-87    Appointing Debby Brehm to the StarTran Advisory
               board for a three-year term expiring October 20,
               2012.
               Attachment (26K)

43)  10R-88    Approving Omaha Exposition & Racing, Inc. dba
               Lincoln Race Course as a keno satellite site at
               1800 State Fair Park.
               Fact Sheet (41K)


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	 3:41 P.M.



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