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Formal Agenda


    ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
              MONDAY, MAY 17, 2010 AT 3:00 P.M.

       ALL MEMBERS PRESENT EXCEPT EMERY & HORNUNG


            THERE WILL BE NO COUNCIL MEETING ON
               MONDAY, MAY 31 DUE TO HOLIDAY

                      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)  10R-116   Reappointing Shawn M. Ryba, Patte L. Newman and
               Russell Miller to the Graffiti Appeals Board for
               terms expiring December 1, 2012. (ADOPTED, 5-0;
               A-85842)

 2)            Resolution approving the distribution of funds
               representing interest earnings on short-term
               investments of Idle Funds during the month ended
               March 31, 2010. (ADOPTED, 5-0; A-85843)

 3)            City Clerk Letter and Mayor's approval of
               Ordinances & Resolutions passed by Council on
               May 3, 2010.  (PLACED ON FILE)

 4)            Lincoln Water & WasteWater System Recapitulation
               of Daily Cash Receipts for April, 2010. (PLACED
               ON FILE)

 5)            Report from City Treasurer for Telecommunication
               Occupation Tax for the month of January
               2010: Nebraska Technology & Telecomm.,
               Lightyear Network Solutions, Zone Telecom,
               Enhanced Comm. Network, MegaPath; February
               2010: MCI, Virgin Mobile USA, USCOC of
               Greater Iowa, TWC Digital Phone, New Cingular
               Wireless, MCI Comm., Qwest, AT&T of Midwest,
               Alltel of NE, WWC License, Omaha Cellular,
               Verizon Wireless, XO Comm., OnStar, Arizona
               Telephony, Working Assets Funding Service, Trans
               National Comm. Int'l., Cincinnati Bell Any
               Distance, UCN, Inc., VoiceCom, Granite, Tri-M,
               Public Comm. Services, Network Billing Systems,
               Flying J Comm., IBM Global, KDDI America, CIMCO
               Comm., New Edge Networks, TracFone Wireless,
               Intellicall Operator Services, CTI Long
               Distance, Globalstar USA, TCG Omaha, Broadwing
               Comm., Global Crossing Telecomm., McLeodUSA;
               March 2010: Unite Private Networks,
               Nextel West, Nextel, Windstream Nebraska, Sprint
               Comm., D&D Comm., Sprint Spectrum, Enhanced
               Comm. Network, Zone Telecom, Tri-M Comm., DCT
               Telecom Group, Globalcom, Grasshopper Group,
               Novega Venture Partners, First Communications,
               SBC Long Distance, Shaffer Comm., TSG Global,
               Wholesale Carrier, i-wireless, Covista, Yestel
               USA, Total Holdings, IBFA Acquisitions, NOSVA,
               Pioneer Telephone, 360networks, ATS Mobile, 800
               Response Information Services, Norlight, BT
               Americas, Lightyear Network Solutions, NOS
               Comm., Primus Telecomm., Sioux City MSA,
               Telecorp Comm., USCOC of NE/KS, ACN Comm.
               Services; January to March, 2010: T-
               Mobile Central, NECC Telecom, Comtech 21,
               OrbitCom, iNetworks Group, Opex Comm., PNG
               Telecomm., The Sienna Group, Digzip.com,
               Enhanced Comm. Group, Affinity 4 and LifeLine
               Comm., Guaranteed Phone Service. (PLACED ON
               FILE)

 6)            Report from City Treasurer of E911
               Telecommunication Surcharge for February
               2010: Charter Fiberlink - Nebraska, LLC,
               Vonage America, AT&T of Midwest; March
               2010 : Qwest, Granite, Level 3, TWC Digital
               Phone, Level 3, 8x8, AT&T of Midwest, iNetworks
               Group, Vonage America,  AT&T of Midwest, Comtel
               Telcom Assets, ACN Comm., Budget Prepay;
               January to March 2010: ACN Comm.. 
               (PLACED ON FILE) 


PETITIONS & COMMUNICATIONS

 7)            THE FOLLOWING HAS BEEN PLACED ON FILE IN THE
               OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 10028 to
               Special Permit No. 1254, approved by the
               Planning Director on May 7, 2010, requested by
               Craig Vacek, to rescind Special Permit No. 1254
               originally approved to allow a broadcast tower
               at 343 N. Cotner Blvd.  Special Permit No. 1254
               is hereby rescinded and no longer in force and
               effect.

 8)            Setting the Hearing Date of Monday, June 7, 2010
               at 3:00 p.m. for application of Walgreen Company
               dba Walgreens #01162 for a Class D liquor
               license at 8300 Northern Lights Drive.
               (ADOPTED, 5-0; A-85844)

 9)            Setting the Hearing Date of Monday, June 7, 2010
               at 3:00 p.m for application of Walgreen Company
               dba Walgreens #04088 for a Class D liquor
               license at 2502 N. 48th Street.
               (ADOPTED, 5-0; A-85845)

10)            Setting the Hearing Date of Monday, June 7, 2010
               at 3:00 p.m. for application of Walgreen Company
               dba Walgreens #03182 for a Class D liquor
               license at 7045 O Street.(ADOPTED, 5-0; A-85846)


11)  MISCELLANEOUS REFERRALS 

                    - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

12)            Application of Nevels Inc. dba Paul's Old Style
               BBQ for a Class A liquor license at 4724
               Pioneers Blvd. (ADOPTED FOR APPROVAL, 5-0;
               A-85847)

13)            Manager application of Nicole Nevels for Nevels,
               Inc. dba Paul's Old Style BBQ at 4724 Pioneers
               Blvd.(ADOPTED FOR APPROVAL, 5-0; A-85848)

14)            Application of Nebraska Retail Ventures LLC dba
               Kabredlo's 114 for a Class D liquor license at
               4135 South 48th Street.(ADOPTED FOR APPROVAL,
               5-0; A-85849)

15)            Manager application of Andrew J. Maxey for
               Nebraska Retail Ventures LLC dba Kabredlo's 114
               at 4135 South 48th Street. (ADOPTED FOR APPROVAL,
               5-0; A-85850)

16)            Application of Nebraska Retail Ventures LLC dba
               Kabredlo's 116 for a Class D liquor license at
               606 West A Street. (ADOPTED FOR APPROVAL,
               5-0; A-85851)
          
17)            Manager application of Andrew J. Maxey for
               Nebraska Retail Ventures LLC dba Kabredlo's 116
               at 606 West A Street. (ADOPTED FOR APPROVAL,
               5-0; A-85852)

18)            Application of Firethorn Golf Company LLC dba
               Firethorn Golf Club to delete the south three
               holes of the west 9 holes from the licensed
               premises at 9301 Firethorn Lane. (ADOPTED
               FOR APPROVAL, 5-0; A-85853)

19)            Application of West Nine and Learning Center at
               Firethorn LLC dba West Nine and Learning Center
               for a Class I liquor license at 8788 Firethorn
               Lane.(ADOPTED FOR APPROVAL, 5-0; A-85854)

20)            Manager application of James B. White for West
               Nine and Learning Center at Firethorn LLC dba
               West Nine and Learning Center at 8788 Firethorn
               Lane.(ADOPTED FOR APPROVAL, 5-0; A-85855)

21)            Application of Irie Inc. dba Doc's Place for a
               Special Designated Liquor license covering an
               inside area measuring approximately 150 feet by
               90 feet and an outdoor area measuring
               approximately 400 feet by 320 feet at 6891 A
               Street, on June 12, 2010 from 9:00 a.m. to 1:00
               a.m.(WITHDRAWN, 5-0; #38-4601)

22)            Application of BDF, LLC dba Captain Jack's for a
               Special Designated Liquor license covering an
               outdoor area measuring approximately 350 feet by
               200 feet in the parking lot at 605 North 8th
               Street, on June 12, 2010 from 11:00 a.m. to
               10:00 p.m. (ADOPTED FOR APPROVAL, 5-0; A-85856)


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

     NONE


PUBLIC HEARING - RESOLUTIONS

23)  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. (MTA#1 TO WITHDRAW GLEN EMSWILER
               CLAIM, 5-0; ADOPTED AS AMENDED, 5-0; A-85857)
               Fact Sheet (14K)
               Attachment (25K)
               Motion To Amend (6K)

24)  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. (ADOPTED, 5-0;A-85858)
               Fact Sheet (48K)
               Attachment (1025K)

25)  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. (ADOPTED, 5-0;
               A-85859)
               Fact Sheet (18K)
               Attachment (759K)

26)  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. (ADOPTED, 5-0;
               A-85860) 
               Fact Sheet (9K)
               Attachment (372K)

                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 27 THRU 33 HAD 1ST READING)

27)  10-48     Approving the lease agreement between the
               City and Erik Alm for the lease of office
               space by Aging Partners for its Personal &
               Family Services program at 1325 N. Chestnut
               Street, Wahoo, NE 68066 for a term of July
               1, 2010 through June 30, 2011.
               Fact Sheet (72K)
               Attachment (69K)

28)  10-49     Annexation 08027 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 45 acres of property
               generally located at North 48th Street and
               Doris Bair Circle.
               Fact Sheet (420K)
               Attachment (232K)

29)  10-50     Change of Zone 10008 - Amending Title 27 of
               the Lincoln Municipal Code relating to
               Zoning by amending Sections 27.43.030,
               27.45.025, and 27.49.030 to add outdoor
               vehicle storage as a permitted conditional
               use in the H-3, H-4, and I-2 zoning
               districts, respectively.
               Fact Sheet (355K)

30)  10-51     Annexation 10003 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 10 acres of property
               generally located at South 27th Street and
               Whispering Wind Boulevard. (Related
               Items: 10-51, 10-52)
               Fact Sheet (694K)
               Attachment (250K)

31)  10-52     Change of Zone 10010 - Application of
               Lincoln Federal Bancorp, Inc. for a change
               of zone from AG Agricultural District to R-
               3 Residential District on property
               generally located at South 27th Street and
               Whispering Wind Boulevard. (Related
               Items: 10-51, 10-52)
               Fact Sheet (669K)

32)  10-53     Change of Zone 09024 - Amending Title 27 of
               the Lincoln Municipal Code relating to
               Zoning by amending Section 27.15.030 to
               allow single-family dwellings on small lots
               located outside the January 1, 2010
               corporate limits as a permitted conditional
               use and providing conditions of approval;
               amending Section 27.15.040 to allow single-
               family dwellings on small lots located
               inside the January 1, 2010 corporate limits
               as a permitted special use; adding a new
               section numbered 27.63.800 to provide
               conditions for granting a special permit to
               allow single-family dwellings on small lots
               in the R-3 district located inside the
               January 1, 2010 corporate limits.
               (Related Items: 10-53, 10-54)
               Fact Sheet (981K)

33)  10-54     Misc. 10002 - Amending Section 26.23.140 of
               the Lincoln Municipal Code relating to
               Development Standards for Lots to provide
               that residential lots in the R-3 district
               which do not meet the required minimum lot
               area, average lot width, or yard
               requirements shall have a maximum depth of
               four times its width. (Related Items:
               10-53, 10-54)
               Fact Sheet (982K)


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

34)  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. (PASSED, 5-0;
               #19386)
               Fact Sheet (567K)

35)  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) (5/10/10 - Action
               Delayed 1 wk to 5/17/10)(MTA #1 ADOPTED, 5-0;
               ADOPTED, 4-1; CAMP, CARROLL, SNYDER, SPATZ ASSENTING;
               COOK DISSENTING; A-85861)
               Fact Sheet (18K)
               Attachment (15K)

36)  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) (5/10/10 - Action Delayed 1
               wk to 5/17/10)(PASSED, 4-1; CAMP, CARROLL, 
               SNYDER, SPATZ ASSENTING; COOK DISSENTING; #19387)
               Fact Sheet (1817K)

37)  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)
               (5/10/10 - Action Delayed 1 wk to 5/17/10)
               (ADOPTED, 4-1; CAMP, CARROLL, SNYDER, SPATZ
               ASSENTING; COOK DISSENTING; A-85862)
               Fact Sheet (827K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST	(EXTENDED ONE WEEK)

38)  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)

39)  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)

40)  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)

41)  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)

42)  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)

43)  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)

44)  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)

45)            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)

46)  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 24, 2010, AT 5:30 P.M.
                                        (APPROVED, 5-0)

47)  10R-120   Declaring the official intent of the City to
               issue its tax-exempt obligations in an amount
               not to exceed $5,000,000.00 and use the proceeds
               to acquire, construct and equip a project to be
               leased to TMCO, Inc.

48)  10R-121   Confirming the appointment of Kevin Wailes as
               Administrator and CEO of the Lincoln Electric
               System.
               Fact Sheet (48K)
               Attachment (155K)

49)  10R-122   Approving a multi-year contract between
               Public Safety Corporation  and the City of
               Lincoln for Intrusion Alarm Registration, False
               Alarm Billing and Collection (Bid No. 10-040)
               for a four-year term with option for one
               additional four-year term.
               Fact Sheet (48K)
               Attachment (1616K)

50) 10R-123    Approving the appointment of Mayor Chris Beutler
               and one member of the Lincoln City Council to the
               West Haymarket Joint Public Agency for four year
               terms or for so long as such representatives serve in
               their positions as Mayor and Council Member,
               respectively.


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	3:46 P.M.






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