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Formal Agenda


          ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, APRIL 12, 2010 AT 3:00 P.M.

                      ALL MEMBERS PRESENT	

   MAYOR'S ANNUAL AWARD OF EXCELLENCE WAS  PRESENTED TO JASON BROWNELL, 
  POLICE OFFICER OF LPD, FOR CUSTOMER RELATIONS, PRODUCTIVITY, AND SAFETY.

	MAYOR'S ANNUAL HONORABLE MENTION AWARD OF EXCELLENCE PRESENTED TO A 
  TEAM FROM PARKS & RECREATION FORESTRY SECTION, DENNIS GARTNER, JEFF GRUBER,
  ALLEN KEEN, JOE PETT, ANDY WALKER,  IN THE CATEGORY OF CUSTOMER RELATIONS,
  PRODUCTIVITY, AND SAFETY.


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-92    Appointing Joy M. Ward to the Lincoln Housing
               Authority Board to fill an unexpired term
               expiring July 1, 2010.  (ADOPTED, 7-0; A-85805)
               Attachment (25K)

 2)  10R-93    Appointing Janet Goodman-Banks to the Mayor's
               Multicultural Advisory Committee to fill an
               unexpired term expiring September 18, 2010.
               (ADOPTED, 7-0; A-85806)
               Attachment (62K)

 3)  10R-94    Reappointing Michael Justus to the Audit
               Advisory Board for a three-year term expiring
               March 1, 2013.(ADOPTED, 7-0; A-85807)
               Attachment (30K)

 4)  10R-95    Appointing Shirley Mora James to the Citizen
               Police Advisory Board for a three-year term
               expiring November 17, 2012.(ADOPTED, 7-0;
               A-85808)
               Attachment (74K)

 5)            Approving the Assessment Resolution for North
               27th Street Maintenance Business Improvement
               District and assessing the cost against the
               benefitted properties. (ADOPTED, 7-0; A-85809)

 6)            Approving the Assessment Resolution for
               University Place Maintenance Business
               Improvement District and assessing the cost
               against the benefitted properties.
               (ADOPTED, 7-0; A-85810)

 7)            City Clerk Letter and Mayor's approval of
               Ordinances & Resolutions passed by Council on
               March 29, 2010. (PLACED ON FILE)

 8)            Report from City Treasurer of Franchise Tax for
               the month of February, 2010 from Black
               Hills/Nebraska Gas Utility Co., LLC.(PLACED ON
               FILE)

 9)            Report from City Treasurer of E911Surcharge Tax
               for October 1, 2009 to December 31, 2009: TWC
               Digital Phone; January, 2010: Charter Fiberlink-
               Nebraska, 8x8, Level 3,Level 3, Qwest, Granite,
               TWC Digital Phone,; February, 2010: iNetworks
               Group, iNetworks Group, 8x8, Qwest, Granite,
               AT&T of Midwest, Level 3, Level 3, Budget
               Prepay, Vonage America, TWC Digital Phone, ACN,
               Comtel Telcom Assets.  (PLACED ON FILE)

10)            Report from City Treasurer of Telecommunication
               Occupation Tax for January, 2010: Cricket,
               Sprint Spectrum, Sprint, USCOC of Greater Iowa,
               TWC Digital Phone, Virgin Mobile USA, Qwest,
               AT&T of Midwest, New Cingular Wireless, Alltel
               of NE, Omaha Cellular, Verizon Wireless, WWC
               License, Windstream Nebraska, Norstan Network,
               Novega Venture Partners, Cellco Partnership,
               Sioux City MSA, Working Assets Funding Service,
               Nextel West, Tri-M, IBM Global, KDDI America,
               Public Communications Services, Granite, Trans
               National Comm. International, TON Services,
               CIMCO, USCOC of NE/KS, ACN, UCN, Telecorp, XO
               Comm. Services, McLeodUSA, OnStar, Primus,
               Global Crossing, Intellicall Operator Services,
               New Edge Networks, Cincinnati Bell Any Distance,
               Arizona Telphony, Broadwing, TCG Omaha, TracFone
               Wireless, Globalstar USA, CTI Long Distance,
               VoiceCom, Network Billing Systems, Norlight;
               February, 2010: Unite Private Networks,
               Windstream Nebraska, Sprint, Nextel, Sprint
               Spectrum, Cricket, D&D, i-wirelss, Norstan
               Network Services, Nextel West, Norlight,
               Business Telecom, Novega Venture Partners,
               Grasshopper Group, BT Americas, NOSVA, IBFA
               Acquisitions, Covista, Enhanced Comm. Networks,
               Lightyear Network Solutions, Zone Telecom, SBC
               Long Distance, First Comm., Globalcom, TSG
               Global, 360networks (USA), Total Holdings,
               Wholesale Carrier Services, NOS, Yestel USA, DCT
               Telecom, ATS Mobile Telephone, Pioneer
               Telephone; March, 2010: NEXTEL. (PLACED ON
               FILE)


PETITIONS & COMMUNICATIONS

11)            THE FOLLOWING HAVE BEEN PLACED ON FILE IN THE
               OFFICE OF THE CITY CLERK: 
               Administrative Amendment No. 10012 to Use
               Permit/Special Permit No. 19A, Lincoln Surgical
               Center, approved by the Planning Director on
               March 31, 2010, requested by Robert Findley, to
               revise the building layout by relocating 3,000
               square feet of floor area previously approved as
               a 'Clinic/Hospital Addition' at the west edge of
               the clinic/hospital to the northeast corner of
               the hospital and designating it as
               'Sterilization Area' and amending the notes
               accordingly.  Please note that if this addition
               is built, there is no more previously approved
               floor area to relocate on the site.  That is,
               any future addition beyond what is shown on the
               site plan will require approval by the Planning
               Commission after a public hearing and notice to
               surrounding property owners within 200 feet, as
               stated in Note #1 on the site plan.  Property is
               generally located at Lincolnshire Road and  S.
               70th Street

12)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
               DEPARTMENT:
               Change of Zone No. 10009 - Application of
               Olsson Associates, from O-3 Office Park District
               to B-2 Planned Neighborhood Business District,
               on property legally described as Lot 1, Pioneer
               Woods 8th Addition, located in the SW 1/4 of Section
               3-9-7, Lancaster County, Nebraska, generally located
               at Pioneers Boulevard and Pioneer Woods Drive.
               Special Permit No. 10017 - Application of
               Trent Young, for expansion of a nonstandard
               dwelling unit, to enlarge the garage that
               encroaches into the front yard setback, on
               property legally described as Lot 12, Block 56,
               Havelock, located in the NE 1/4 of Section 9-10-
               7, Lancaster County, Nebraska, generally located
               at N. 67th Street and Logan Avenue 6640 Logan Avenue).
               The Planning Commission action is final action, unless
               appealed to the City Council.
               Special Permit No. 10018 - Application of
               Jerry Hausmann, to operate a tree service, on
               property legally described as the NE 1/4 of the
               SE 1/4 of Section 29-10-6, Lancaster County,
               Nebraska (excepting 19.79 acres, more or less,
               as set forth in Instrument #2009-004295),
               generally located at S.W. 27th Street and W.
               A Street. The Planning Commission action
               is final action, unless appealed to the City
               Council.
               Special Permit No. 10019 - Application of
               Recycling Enterprises of Nebraska, Inc., to
               operate a scrap processing and salvage yard, on
               property legally described as Lot 45 I.T.,
               located in the SW 1/4 of Section 34-11-7,
               Lancaster County, Nebraska, generally located at
               N. 70th Street and Fletcher Avenue. The Planning
               Commission action is final action,unless appealed
               to the City Council.


 13) MISCELLANEOUS REFERRALS

                    - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 14 & 15 HAD 2ND READING)

14)  10-34     Amending the pay schedule for a certain
               employee group assigned to the pay range
               which is prefixed by the letter A by
               changing the pay range of the
               classification Crime Analysis Manager.
               Fact Sheet (43K)

15)  10-35     Change of Zone 10004 - Application of Juan
               and Dana Rodriguez for Proyecto Cultural
               for a change of zone from I-1 Industrial
               District to B-3 Commercial District, on
               property generally located at North 22nd
               Street and Y Street.
               Fact Sheet (626K)


PUBLIC HEARING - RESOLUTIONS

16)  10R-100   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of March 16 -
               31, 2010.(ADOPTED, 7-0; A-85811)
               Fact Sheet (14K)
               Attachment (24K)

17)  10R-96    Approving a multi-year contract for Fuel Tank
               Maintenance and Service between the City of
               Lincoln, Lancaster County and Vanguard
               Industries, Inc. for a four-year term.
               (ADOPTED, 7-0; A-85812)
               Fact Sheet (52K)
               Attachment (754K)

18)  10R-98    Approving a multi-year contract for Portable
               Chemical Toilet Service between the City,
               Lancaster County and Eagle Services for a four
               year term. (ADOPTED, 7-0; A-85813)
               Fact Sheet (60K)
               Attachment (759K)

19)  10R-97    Ordering Paving District No. 2630 constructed
               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 property.(ADOPTED, 7-0;
               A-85814)
               Fact Sheet (12K)
               Attachment (4858K)


                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 20 THRU 22 HAD 1ST READING)

20)  10-36     Approving the Lease Agreement between the
               City and Dittmer & Dittmer of Crete for the
               lease of office space by Aging Partners for
               its Personal & Family Services program at
               1005 E. Highway 33, Suite 6, Crete, NE
               68632 for a term of June 1, 2010 through
               May 31, 2011. 
               Fact Sheet (50K)
               Attachment (63K)

21)  10-37     Approving the transfer of unspent and
               unencumbered appropriations and cash (if
               any) between certain capital improvement
               projects within the Street Construction
               Fund and Water Construction Fund within the
               Public Works & Utilities Department.
               Fact Sheet (12K)

22)  10-38     Approving the Lease Agreement between the
               City and Lynnette McGill for the construction
               and placement of telecommunications facilities
               on property generally located near Hallam, Nebraska
               for a 25-year term.
               Fact Sheet (20K)
               Attachment (509K)


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

23)  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. (3/22/10 - P.H. Delayed to
               4/5/10) (PASSED, 7-0; #19372)
               Fact Sheet (55K)
               Attachment (338K)

24)  10-32     Authorizing the execution and delivery of a
               Lease Agreement; a Deed of Trust, Security
               Agreement and Assignment of Rents and
               Leases; and, a Tax Compliance Agreement in
               connection with the issuance of not to
               exceed $3,362,000 principal amount of the
               City's Industrial Development Promissory
               Revenue Note (Nebraska School Activities
               Association) Series 2010. (PASSED, 7-0;
               #19373)
               Attachment 1 (172K)
               Attachment 2 (94K)
               Attachment 3 (80K)

25)  10-33     Amending Section 9.44.010 of the Lincoln
               Municipal Code relating to fireworks
               regulation to define "permissible
               fireworks" in the City of Lincoln to
               correspond with permissible or consumer
               fireworks as defined in Nebraska statutes.
                (PASSED, 5-2; CARROLL, EMERY, HORNUNG,
               SNYDER, SPATZ ASSENTING; CAMP, COOK DISSENTING;
               #19374)
               Fact Sheet (23K)
               Motion To Amend (9K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST	(EXTENDED ONE WEEK)

26)  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)

27)  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)

28)  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)

29)  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)

30)  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)

31)  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)

32)  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)

33)            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)

34)  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, APRIL 19, 2010, AT 3:00 P.M.

     NONE

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 APRIL ARE THE
     12TH AND THE 26TH.


ADJOURNMENT	3:51 P.M.


                               ***
                     The City Council Meeting
      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.,
          immediately following the Pre-Council Meeting
                  on 5 City-TV, Cable Channel 5.
                               ****

   The City Council Agenda and Action Sheet may be accessed on
   the Internet at        lincoln.ne.gov
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