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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                     MONDAY, JUNE 7, 2010 AT 3:00 P.M.

                            ALL MEMBERS PRESENT

            PRESENTATION BY ASSISTANT POLICE CHIEF JIM PESCHONG
                      BYRNE JUSTICE ASSISTANCE GRANT
                        (Public Comments Welcomed)

                              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 distribution of funds
               representing interest earnings on short-term
               investments of Idle Funds during the month ended
               April 30, 2010.  (ADOPTED, 7-0; A-85870)

 2)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on May 17, 2010. (PLACED ON FILE)

 3)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on May 24, 2010. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 4)            Setting the hearing date of Monday, June 21,
               2010 at 3:00 p.m. for the application of
               Vincenzo's, Inc. dba Vincenzo's Ristorante to
               expand its licensed premises by the addition of
               a sidewalk caf‚ to the south measuring
               approximately 32' x 9' located at 808 P Street,
               Suite 100.  (ADOPTED, 7-0; A-85871)

 5)            Setting the hearing date of Monday, June 21,
               2010 at 3:00 p.m. for the application of Top
               Spin, LLC dba Dray Rellik for a class CK liquor
               license located at 816 P Street, Suite 100.
               (ADOPTED, 7-0; A-85872)

 6)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
               DEPARTMENT:
               Change of Zone No. 10014 - Requested by
               Don Linscott, Northwoods Plaza Planned Unit
               Development for a change of zone from B-2
               Planned Neighborhood Business District to B-2
               Planned Unit Development on property generally
               located at N. 84th Street and Holdrege Street;
               for a Planned Unit Development District
               designation of said property; which allows
               residential and approximately 176,900 square
               feet commercial floor area including an 86 room
               hotel in the underlying B-2 zoned area.
               Pre-existing Use Permit No. 13D -
               Requested by John L. Hoppe, Jr. to reduce the
               number of required parking stalls on property
               generally located at S. 48th Street and
               Briarpark Drive.

 7)            THE FOLLOWING HAS BEEN PLACED ON FILE IN THE
               OFFICE OF THE CITY CLERK:
               Administrative Permit No. 10020 to
               Special Permit No. 587 Southwood Hills 3rd
               Addition Community Unit Plan approved by the
               Planning Director on May 21, 2010 requested by
               Rocke Huntington for the West Parkview
               Association to allow unenclosed decks to extend
               up to 10 feet from the main structure into the
               required rear yard on property generally located
               at Southwood Drive and Sandstone Road.


 8)  MISCELLANEOUS REFERRALS - NONE

                       - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 9)            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
               at 3400 A Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-85873)

10)            Application of Walgreen Co. dba Walgreens #04088
               for a Class D liquor license at 2502 N. 48th
               Street.  (ADOPTED FOR APPROVAL, 7-0; 
               A-85874)

11)            Manager application of James P. Karins for
               Walgreen Co. dba Walgreens #04088 at 2502 N.
               48th Street.  (ADOPTED FOR APPROVAL, 7-0; 
               A-85875)

12)            Application of Walgreen Co. dba Walgreens #01162
               for a Class D liquor license at 8300 Northern
               Lights Drive.  (ADOPTED FOR APPROVAL, 7-0; 
               A-85876)

13)            Manager application of James P. Karins for
               Walgreen Co. dba Walgreens #01162 at 8300
               Northern Lights Drive.  (ADOPTED FOR APPROVAL,
               7-0; A-85877)

14)            Application of Walgreen Co. dba Walgreens #03182
               for a Class D liquor license at 7045 O Street.
               (ADOPTED FOR APPROVAL, 7-0; A-85878)

15)            Manager application of James P. Karins for
               Walgreen Co. dba Walgreens #03182 at 7045 O
               Street.  (ADOPTED FOR APPROVAL, 7-0; A-85879)

16)            Application of 1644 Steel LLC dba The Bar for a
               Class CK liquor license at 1644 P Street.
               (AMENDED WITH CONDITIONS, 4-3; CARROLL, 
               COOK, HORNUNG, SNYDER ASSENTING; CAMP, EMERY, 
               SPATZ DISSENTING; ADOPTED W/CONDITIONAL 
               APPROVAL, 6-1; CAMP, CARROLL, COOK, EMERY, 
               HORNUNG, SNYDER ASSENTING; SPATZ DISSENTING; 
               A-85880)

17)            Manager application of Seth D. Regan for 1644
               Steel LLC dba The Bar at 1644 P Street.
               (ADOPTED FOR APPROVAL, 7-0; A-85881)

18)            Application of S.B Partners, LLP dba Staybridge
               Suites for a Class I liquor license at 2701
               Fletcher Avenue.  (ADOPTED FOR APPROVAL, 7-0; 
               A-85882)

19)            Manager application of Carrie A. Fleck
               for S.B. Partners, LLP dba Staybridge
               Suites at 2701 Fletcher Avenue.
               (ADOPTED FOR APPROVAL, 7-0; A-85883)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 20 
THRU 23 HAD 2ND READING, SEE ITEM 21)

20)  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.
               Motion To Amend (251K)

21)  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. (Request to continue
               P.H. 1 week to 6/14/10) (REQUEST TO CON'T 
               P.H. 1 WK. TO 6/14/10 W/ACTION 6/21/10, 
               APPROVED, 7-0)

22)  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)

23)  10-59     Vacation 10002 - 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)


PUBLIC HEARING - RESOLUTIONS

24)  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.  (AMENDED TO HOLD OVER W/P.H. THE GARDNER 
               CLAIM TWO WKS. TO 6/21/10, 4-3; CAMP, COOK, HORNUNG, 
               SNYDER ASSENTING; CARROLL, EMERY, SPATZ DISSENTING; 
               ADOPTED AS AMENDED 7-0; A-85884)
               Fact Sheet (14K)
               Attachment (22K)

25)  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.  (ADOPTED, 6-0; CAMP, CARROLL, COOK, 
               EMERY, HORNUNG, SPATZ ASSENTING; SNYDER ABSTAINING; 
               A-85885)
               Fact Sheet (13K)
               Attachment (349K)

26)  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.  (ADOPTED, 7-0; A-85886)
               Fact Sheet (38K)
               Attachment (195K)

                       - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 27 
THRU 32 HAD 1ST READING)

27)  10-65     Approving a Sublease Agreement between the
               City and Experience Works at the One Stop
               Center at 1010 N Street for providing job
               training and employment services under the
               Workforce Investment Act for a one-year
               term from April 1, 2010 through March 31,
               2011.
               Fact Sheet (44K)
               Attachment (983K)

28)  10-64     Amending Section 5.04.130 of the Lincoln
               Municipal Code to amend the provisions
               restricting retail liquor sales on Sunday
               to allow retail sales of all liquor both on
               and off sale between the hours of 6:00 a.m.
               and 12:00 noon on Sunday, July 4, 2010.
               Fact Sheet (40K)

29)  10-60     Vacation 10001 - Vacating North 21st Street
               from the north line of Vine Street to the
               south line of previously vacated North 21st
               Street.
               Fact Sheet (624K)

30)  10-61     Vacation 10005 - Vacating a portion of the
               North 14th Street right-of-way generally
               located at the southeast corner of North
               14th Street and Salt Creek Roadway.
               Fact Sheet (725K)

31)  10-62     Vacation 09007 - Vacating various rights-
               of-way in Antelope Valley located generally
               in the area of North 14th and Court
               Streets; North 16th and Y Streets; and
               North 12th and Charleston Streets.
               Fact Sheet (2885K)

32)  10-66     Street Name Change 10001 - Naming and re-
               naming portions of realigned South 1st
               Street, West Denton Road, and Amaranth Lane
               as West Denton Road, Schmidt Drive, Schmidt
               Place, Schmidt Court, West Amaranth Lane
               and South 1st Street.
               Fact Sheet (896K)


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

33)  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. (PASSED, 7-0; #19388)
               Fact Sheet (420K)
               Attachment (232K)

34)  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. 
               (PASSED, 7-0; #19389)
               Fact Sheet (355K)

35)  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) (PASSED, 7-0; #19390)
               Fact Sheet (694K)
               Attachment (250K)

36)  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) (PASSED, 7-0; #19391)
               Fact Sheet (669K)

37)  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)
               (PASSED, 7-0; #19392)
               Fact Sheet (981K)

38)  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) (PASSED, 7-0; #19393)
               Fact Sheet (982K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

39)  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)

40)  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)

41)  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)

42)  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)

43)  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)

44)  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)

45)  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)

46)            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)

47)  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)

48)  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.  (5/24/10
               - Placed on Indefinite Pending)
               Fact Sheet (72K)
               Attachment (69K)


   WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, JUNE 14, 2010, AT 3:00 P.M.
                           (APPROVED ITEMS 49 THRU 53, 7-0; SEE ITEM 54)

49)  10R-132   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of May 16 - 31,
               2010.
               Fact Sheet (14K)
               Attachment (20K)

50)  10R-133   Approving a multi-year contract between Morning
               Pride Manufacturing dba Honeywell First
               Responder Products and the City of Lincoln for
               annual requirements for Fire Turn-Out Gear (Bid
               No. 10-072) for a two-year term with option for
               one additional two-year term.
               Fact Sheet (46K)
               Attachment (1280K)

51)  10R-130   Approving and accepting a Grant Award
               Notification from the Nebraska Department of
               Education to the Lincoln-Lancaster County Health
               Department in the amount of $21,250.00 for the
               Child Care Connection for Parents of Children
               with Special Needs for a period of May 1, 2010
               through September 30, 2011.
               Fact Sheet (37K)
               Attachment (1162K)

52)  10R-128   Approving an Agreement between the City and the
               State of Nebraska Department of Roads for the
               use of Surface Transportation Program funds for
               the Lincoln Cavett Connector Trail and
               rescinding Resolution A-85821.
               Fact Sheet (50K)
               Attachment (626K)

53)  10R-129   Approving a Conservation Easement Agreement
               between the City, the State of Nebraska
               Department of Roads and the Lower Platte South
               NRD to protect floodplain conveyance and
               storage, floodprone areas and other natural
               features such as wetlands, drainageways and
               woodlands over approximately 6.02 acres
               generally located southeast of U.S. Highway 77
               and Warlick Boulevard.
               Fact Sheet (12K)
               Attachment (316K)

54)  10R-131   Approving the City of Lincoln Redevelopment
               Agreement (Little Saigon Redevelopment Project)
               between the City and Hung T. Nguyen and Thuy
               Nguyen for the redevelopment of property
               generally located at 2640 W Street as
               commercial/retail space.  (DELAYED INTRO 1 WK. 
               TO 6/14/10 FOR P.H. ON 6/21/10, 7-0)
               Fact Sheet (83K)
               Attachment (521K)
               Attachment (62K)


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 JUNE ARE THE 14TH AND 28TH.


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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