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Formal Agenda


    ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
              MONDAY, MAY 24, 2010 AT 5:30 P.M.
 
            THERE WILL BE NO COUNCIL MEETING ON
               MONDAY, MAY 31 DUE TO HOLIDAY

          ALL MEMBERS PRESENT EXCEPT HORNUNG

         ELECTION OF COUNCIL CHAIR AND VICE CHAIR - JOHN SPATZ
             ELECTED CHAIR; EUGENE CARROLL ELECTED VICE CHAIR
                                 
                      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-121   Confirming the appointment of Kevin Wailes as
               Administrator and CEO of the Lincoln Electric
               System. (ADOPTED, 6-0; A-85863)
               Fact Sheet (48K)
               Attachment (155K)

 2)  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.
               (MTA #1 ADOPTED, 6-0; ADOPTED AS AMENDED,
               6-0; A-85864)

 3)            City Clerk Letter and Mayor's approval of
               Ordinances & Resolutions passed by Council on
               May 10, 2010. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 4)            THE FOLLOWING HAVE BEEN PLACED ON FILE IN THE
               OFFICE OF THE CITY CLERK:
               Administrative Permit No. 10001, approved by
               the Planning Director on May 11, 2010, requested
               by Constructors, Inc., to operate a temporary
               concrete paving plant for the Interstate 80
               widening project for three years on property
               located at 8100 N. 112th Street
               adjacent to I-80.
               Administrative Amendment No. 10021 to Use
               Permit No. 57D, approved by the Planning
               Director on May 12, 2010, requested by Carlson
               Consulting Engineers, to revise the parking lot
               layout, add a loading canopy and add a canopy
               over tire and battery storage for the Sam's Club
               on property generally located northeast of N.
               27th Street and Superior Street.
               Administrative Amendment No. 10013 to
               Special Permit No. 1533, approved by the
               Planning Director on May 13, 2010, requested by
               Western Manor, LP c/o Mercy Housing, Inc., to
               revise the parking lot layout, add a community
               building and a 20 space garage on property
               generally located at N. Coddington Avenue and
               West "Q" Street. 
               Administrative Amendment No. 10022 and
               Administrative Amendment No. 10023 to
               Special Permit No. 04069 and Special Permit No.
               04070, approved by the Planning Director on May
               14, 2010, requested by ESP Engineering, to
               revise Lot 1, Block 2 and Lot 1, Block 1, and
               the abutting street on property generally
               located at SW. 14th Street and W.
               Bennet Road.

 5)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
               DEPARTMENT:
               CHANGE OF ZONE NO. 10011 - Application of
               the Director of Planning, amending Chapter 27.69
               of the Lincoln Municipal Code relating to Signs
               by amending Section 27.69.020 to delete the
               definition of Pedestrian Marquee Sign; amending
               Section 27.69.030 to amend the general
               provisions to provide that for Center signs
               permitted on a "per frontage" basis, frontage
               shall mean the frontage of the Center adjacent
               to an arterial or collector street; and to
               delete the general provision regarding
               pedestrian marquee signs; amending Section
               27.69.220 to add an exception to the requirement
               that a complex or subdivision freestanding sign
               abutting a residential zoned lot may not be
               illuminated unless located at least 100 feet
               from an abutting residential zoned lot if the
               abutting residential zoned lot is used for
               another multi-family use or a special permitted
               use; amending Section 27.69.340 to eliminate
               restrictions regarding height and illumination
               of freestanding signs used for office and retail
               uses; and repealing Sections 27.69.020,
               27.69.030, 27.69.220, and 27.69.340 of the
               Lincoln Municipal Code as hitherto existing.
               CHANGE OF ZONE NO. 10012 - Application of
               the Director of Planning, amending Chapter 27.63
               of the Lincoln Municipal Code relating to
               Special Permits by amending Section 27.63.680
               and 27.63.685 regarding the sale of alcoholic
               beverages for consumption on and off the
               premises, respectively, to add a requirement
               that the licensed premises must be located no
               closer than 100 feet from the property line of a
               premises located in a nonresidential district
               which is occupied in whole or part by a first-
               floor residential use and to clarify that the
               required 100-foot separation from a day care
               facility, park, church, or state mental
               institution is measured from the licensed
               premises to the property line of the premises
               used for the day care facility, park, church, or
               state mental health institution; and repealing
               Sections 27.63.680 and 27.63.685 of the Lincoln
               Municipal Code as hitherto existing.
               CHANGE OF ZONE NO. 10013 - Application of
               the Director of Planning, amending Title 27 of
               the Lincoln Municipal Code by amending Chapter
               27.03, Definitions, to add a new Section
               numbered 27.03.162 to provide a definition for
               data center; amending Section 27.67.040 to
               establish parking requirements for data centers;
               and repealing Section 27.67.040 of the Lincoln
               Municipal Code as hitherto existing.
               SPECIAL PERMIT NO. 07044A - Application of
               Terri Sherman, for additional parking, with
               request to waive parking in the front yard, on
               property legally described as Lot 18, Block 4,
               Sawyer's Addition, located in the SW 1/4 of
               Section 25-10-6, Lancaster County, Nebraska,
               generally located at S. 18th Street and
               F Street (1804 F Street).
               SPECIAL PERMIT NO. 10023 - Application of
               Sandstone Construction, LLC., for a parking lot,
               with a request to adjust setbacks, on property
               legally described as the south 74.82 feet of the
               east 99.53 feet of the remaining portion of Lot
               3, Lemings Subdivision, located in the NE 1/4 of
               Section 29-10-7, Lancaster County, Nebraska,
               generally located at S. 52nd Street and
               N Street.

 6)            Setting the Hearing Date of Monday, June 7, 2010
               at 3:00 p.m. for the Application of 1644 Steele
               LLC dba The Bar for a Class CK liquor license
               located at 1644 P Street. (ADOPTED, 6-0; A-85865)

 7)            Setting the Hearing Date of Monday, June 7, 2010
               at 3:00 p.m. for the Application of SB Partners
               LLP dba Staybridge Suites for a Class I liquor
               license located at 2701 Fletcher Street.
               (ADOPTED, 6-0; A-85866)

 8)            Setting the Hearing Date of Monday, June 21,
               2010 at 3:00 p.m. for the application of Ken's
               Liquor Inc. dba MJ Catering for a Class I liquor
               license located at 6305 West Adams.(ADOPTED, 6-0;
               A-85867)


 9)  MISCELLANEOUS REFERRALS 

                    - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS
   
     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 10 THRU 16 HAD 2ND READING; SEE ITEM 10)

10)  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.(PLACED ON
               INDEFINITE PENDING, 6-0)
               Fact Sheet (72K)
               Attachment (69K)

11)  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)

12)  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)

13)  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)

14)  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)

15)  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)

16)  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)


PUBLIC HEARING - RESOLUTIONS

17)  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. (MTA #1 ADOPTED, 6-0; 
               ADOPTED AS AMENDED, 6-0; A-85868)
               Motion To Amend (33K)

18)  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.(ADOPTED, 6-0; A-85869)
               Fact Sheet (48K)
               Attachment (1616K)

                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 19 THRU 22 HAD 1ST READING)

19)  10-57     Authorizing the City of Lincoln to enter
               into a lease-purchase transaction with
               Union Bank and Trust Company for the
               acquisition of street lighting equipment
               and ambulances and related matters.

20)  10-58     Authorizing the issuance of not to exceed
               $22,500,000 principal amount of the City of
               Lincoln general obligation bond
               anticipation notes and $27,500,000 of the
               City of Lincoln general obligation tax
               anticipation notes.

21)  10-56     Amending Section 9.44.040 of the Lincoln
               Municipal Code relating to the sale of
               permissible fireworks by changing the date
               by which applications for license as a
               retailer of permissible fireworks must be
               filed with the Chief of the Bureau of Fire
               Prevention from June 23 to June 10,
               increasing the fee for late filing of said
               application from $25.00 to $50.00, and
               increasing the application fee from $75.00
               to $100.00, to harmonize with the
               provisions of Section 19.03.100 of the
               Lincoln Fire Code.
               Fact Sheet (38K)

22)  10-59     Vacating that portion of the north-south
               alley between S. 15th Street and S. 16th
               Street from South Street to approximately
               210 feet north of South Street.
               Fact Sheet (518K)


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

     NONE



PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST	(EXTENDED ONE WEEK)

23)  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)

24)  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)

25)  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)

26)  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)

27)  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)

28)  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)

29)  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)

30)            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)

31)  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, JUNE 7, 2010, AT 3:00 P.M.
                                             (APPROVED, 6-0)

32)  10R-124   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of May 1 - 15,
               2010.
               Fact Sheet (14K)
               Attachment (22K)

33)  10R-125   Approving an agreement between the City of
               Lincoln, Lancaster County and the Nebraska
               Department of Roads to purchase right-of-way for
               the protection of the South Beltway and East
               Beltway.
               Fact Sheet (13K)
               Attachment (349K)

34)  10R-126   Approving an Exchange Agreement between the City
               of Lincoln, on behalf of the Lincoln-Lancaster
               County Health Department, and the Nebraska
               Department of Labor for the Nebraska Department
               of Labor to provide the Health Department with a
               list of Nebraska employers that were in business
               the previous year. 
               Fact Sheet (38K)
               Attachment (195K)


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	6:37 P.M.




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                  on 5 City-TV, Cable Channel 5.
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the Internet at:
                      lincoln.ne.gov
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