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Formal Agenda


           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, MAY 10, 2010 AT 3:00 P.M.

                         ALL MEMBERS PRESENT

     MAYOR'S AWARD OF EXCELLENCE FOR APRIL 2010 WAS PRESENTED TO
               JAMIE PHILLIPS, ADMINISTRATIVE SECRETARY
      FOR THE ADMINISTRATION DIVISION OF THE FINANCE DEPARTMENT
                        IN THE CATEGORIES OF 
                 CUSTOMER RELATIONS AND PRODUCTIVITY.

                            PUBLIC HEARING
                            CONSENT AGENDA

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


REPORTS OF CITY OFFICERS

 1)            Resolution approving the City of Lincoln's
               Investment Activity Report from the City
               Treasurer for the Second Quarter, Fiscal Year
               2009-10.  (ADOPTED, 7-0; A-85836)

 2)            Report from the City Treasurer of franchise tax
               for 1st Quarter 2010 from Time Warner Cable. 
               (PLACED ON FILE)

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

 4)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on April 26, 2010. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 5)            Setting the hearing date of Monday, June 7, 2010
               at 3:00 p.m. for the Application of Moran's
               Liquor Works, LLC dba Moran's Liquor Works for 
               the addition of a catering license to its 
               Class D liquor license located at 3400 A Street.
               (ADOPTED, 7-0; A-85837)

 6)            THE FOLLOWING HAVE BEEN PLACED ON FILE IN THE
               OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 10019 to
               Special Permit No. 1321A approved by the
               Planning Director on April 28, 2010 requested by
               AT&T Mobility to amend the site plan to include
               an additional ground equipment shelter to house
               AT&T facilities associated with the monopole
               located on this site located at 8383 Pioneers
               Blvd. 
               Administrative Amendment No. 10020 to
               Special Permit No. 450P approved by the Planning
               Director on April 28, 2010 requested by Erickson
               Sullivan Architects to amend the site plan to
               include a "Family Housing Unit" near the
               southwest corner of the Madonna Campus and to
               amend the general notes accordingly on property
               generally located near S. 52nd Street
               and Normal Blvd.


 7)  MISCELLANEOUS REFERRALS - NONE

                        - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 8)            Application of Leonard and Stephen Jimenez dba
               La Paloma for a Class I liquor license at 8320
               Northwoods Plaza, Suite 800. (ADOPTED, 7-0; 
               A-85838)


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

 9)  10-46     Change of Zone 10009 - Application of
               Pioneer Woods, LLC for a change of zone
               from O-3 Office Park District to B-2
               Planned Neighborhood Business District, on
               property generally located at Pioneer Woods
               Drive and Pioneers Boulevard.
               Fact Sheet (567K)


PUBLIC HEARING - RESOLUTIONS

10)  10R-112   Adopting the City of Lincoln Title VI Civil
               Rights Plan to satisfy federal compliance
               requirements related to qualification for the
               receipt of federal-aid transportation project
               funds. (5/3/10 - P.H. con't w/Action to
               5/10/10) (MTA #1 ADOPTED, 7-0; ADOPTED AS 
               AMENDED, 7-0; A-85839)
               Fact Sheet (17K)
               Motion To Amend (765K)

11)  10R-113   Adopting the City of Lincoln ADA/Section 504
               Rehabilitation Act Policy to satisfy federal
               compliance requirements related to qualification
               for the receipt of federal-aid transportation
               project funds. (5/3/10 - P.H. con't w/Action
               to 5/10/10) (MTA #1 ADOPTED, ADOPTED AS AMENDED, 
               7-0; A-85840)
               Fact Sheet (17K)
               Motion To Amend (183K)

12)  10R-115   Accepting a donation of $600,000.00 from the
               Lincoln Community Foundation on behalf of Sheila
               Dickinson Dinsmore Graf and Burket Graf for the
               construction and endowment of an amphitheater
               and associated seating/shade structure and
               surrounding pathways in Union Plaza, generally
               located at North 21st Street and Q Street.
               (ADOPTED, 7-0; A-85841)
               Fact Sheet (48K)

                        - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)

     NONE


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

13)  10-42     Approving an Agreement between the City and
               the Mueller/Bigert Rentals for the lease of
               office space by Aging Partners for its
               Personal & Family Services program at 137
               N. 8th Street, Geneva, NE 68361 for a term
               of August 1, 2010 through July 31, 2011.
               (PASSED, 7-0; #19383)
               Fact Sheet (43K)
               Attachment (60K)

14)  10-43     Amending Section 2.76.150 of the Lincoln
               Municipal Code relating to pay increases
               for exceptional service within the City's
               merit pay plan to clarify language to
               provide consistency between the Lincoln
               Municipal Code and various labor
               agreements. (PASSED, 7-0; #19384)
               Fact Sheet (141K)

15)  10-44     Authorizing the sale of surplus property
               described as portions of Lots 11 and 12,
               Wesleyan Heights Addition, generally
               located northwest of North 41st Street and
               Greenwood Street to B & J Partnership.
               (PASSED, 7-0; #19385)
               Fact Sheet (49K)
               Attachment (137K)

16)  10R-109   Approving the Amended and Restated Development
               and Conditional Zoning Agreement between the
               City and B & J Partnership, Ltd. relating to 
               the development of CVS Pharmacy on property
               generally located at S. 15th Street and South
               Street. (Related Items: 10R-109, 10-45, 
               10R-110) (Action Date: 5/10/10) (ACTION DELAYED 
               ONE WEEK TO 5/17/10, 6-1; CARROLL, COOK, EMERY, 
               HORNUNG, SNYDER, SPATZ ASSENTING; CAMP DISSENTING)
               Fact Sheet (18K)
               Attachment (15K)

17)  10-45     Change of Zone 10003 - Application of B & J
               Partnership for a change of zone from R-5
               and R-2 Residential Districts to B-3
               Commercial District and O-2 Suburban Office
               District on property generally located
               northwest of the intersection of South 16th
               Street and South Street. (Related Items:
               10R-109, 10-45, 10R-110) (Action Date:
               5/10/10) (ACTION DELAYED ONE WEEK TO 5/17/10, 
               6-1; CARROLL, COOK, EMERY, HORNUNG, SNYDER, 
               SPATZ ASSENTING; CAMP DISSENTING)
               Fact Sheet (1817K)

18)  10R-110   Hearing on the appeals by Brad Nelson and the
               Near South Neighborhood Association of the
               Planning Commission approval of Special Permit
               No. 10008 requested by B & J Partnership for
               authority to sell alcoholic beverages for
               consumption off the premises on property
               generally located northwest of South 16th Street
               and South Street. (Related Items: 10R-109,
               10-45, 10R-110) (Action Date: 5/10/10)
               (ACTION DELAYED ONE WEEK TO 5/17/10, 6-1; 
               CARROLL, COOK, EMERY, HORNUNG, SNYDER, SPATZ 
               ASSENTING; CAMP DISSENTING)
               Fact Sheet (827K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

19)  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)

20)  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)

21)  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)

22)  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)

23)  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)

24)  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)

25)  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)

26)            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)

27)  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, MAY 17, 2010, AT 3:00 P.M.
                                                  (APPROVED, 7-0)

28)  10R-116   Reapppointing Shawn M. Ryba, Patte L. Newman and
               Russell Miller to the Graffiti Appeals Board for
               terms expiring December 1, 2012.

29)  10R-117   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of April 16 -
               30, 2010.
               Fact Sheet (14K)
               Attachment (25K)

30)  10R-118   Approving a Contract Agreement between the City
               and Nebraska LabLinc for Annual Requirements for
               Blood Chemistry Profile Quote 2969 for a two
               year term with the option for one additional two
               year term.
               Fact Sheet (48K)
               Attachment (1025K)

31)  10R-119   Approving the Interlocal Agreement Addendum
               between the City and Lancaster County to amend
               the Agreement entered into on July 14, 2005
               under Resolution No. A-83408 for an extension of
               the term of the agreement for an additional five
               years for the completion of the grading and
               paving project near S.W. 40th Street between
               West A and West O Streets, including a vehicular
               viaduct over the BNSF tracks and replacement of
               the County's Middle Creek bridge.
               Fact Sheet (18K)
               Attachment (759K)

32)  10R-107   Approving the use of public right-of-way by T.O.
               Haas Tire to construct a new ADA entry to the
               property at 2400 O Street.
               Fact Sheet (9K)
               Attachment (372K)


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 MAY ARE THE 10TH AND THE 24TH.


ADJOURNMENT   4:10 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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