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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                      MONDAY, JUNE 21, 2010 AT 3:00 P.M.

                            ALL MEMBERS PRESENT

            THERE WILL BE NO COUNCIL MEETING THE WEEK OF JULY 5
                               DUE TO HOLIDAY

         MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF MAY 2010 WAS 
            PRESENTED TO TERRY A. GUSTAFSON, LABOR SUPERVISORY I
                FOR THE STREET MAINTENANCE OPERATION DIVISION
                  OF THE PUBLIC WORKS & UTILITIES DEPARTMENT
                        NOMINATED IN THE CATEGORIES OF
                  CUSTOMER RELATIONS, PRODUCTIVITY AND SAFETY


                               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-134   Appointing Andrew Budell to the Board of Zoning
               Appeals for a term expiring February 1, 2013.
               (ADOPTED, 7-0; A-85894)
               Attachment (25K)

 2)  10R-135   Reappointing Karla Lester, Dr. Lisa Peterson and
               Heidi Stark to the Lincoln-Lancaster County
               Board of Health for three-year terms expiring
               April 15, 2013.  (ADOPTED, 7-0; A-85895)

 3)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on June 7, 2010. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 4)            THE FOLLOWING HAVE BEEN PLACED ON FILE IN THE
               OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 10030 to
               Special Permit No. 286I St. Elizabeth's Hospital
               - Nebraska Surgery Center approved by the
               Planning Director on June 8, 2010 requested by
               Nebraska Surgery Center to amend the site plan
               to show an approximate 1,900 square foot
               addition to the Nebraska Surgery Center and to
               revise the Land Use/Parking Table accordingly on
               property generally located at S. 70th Street and
               S. Wedgewood Drive.
               Administrative Amendment No. 10031 to
               Special Permit No. 277I Pine Lake Community Unit
               Plan approved by the Planning Director on June
               11, 2010 requested by Michael Poskochil to
               adjust the front yard setback to 30 feet and the
               side yard setback to 10 feet for the side yard
               adjacent to the south lot line on property
               generally located near 6725 Eastshore Drive.


 5)  MISCELLANEOUS REFERRALS - NONE

                        - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

 6)            Application of Famous Dave's Ribs-U Inc. dba
               Famous Dave's for a special designated liquor
               license for an area measuring approximately 240
               feet by 260 feet in the parking lot to the east
               of Famous Dave's at 2750 Pine Lake Road on July
               24, 2010 from 4:00 p.m. to 10:30 p.m. 
               (ADOPTED FOR APPROVAL, 7-0; A-85896)

 7)            Application of Vincenzo's Inc. dba Vincenzo's
               Ristorante to delete the courtyard area from the
               licensed premises at 808 P Street. 
               (ADOPTED FOR APPROVAL, 6-0; CARROLL, COOK, 
               EMERY, HORNUNG, SNYDER, SPATZ ASSENTING; 
               CAMP ABSTAINING; A-85897)

 8)            Application of Vincenzo's Inc. dba Vincenzo's
               Ristorante to expand its presently licensed
               premises by the addition of a sidewalk cafe
               measuring approximately 32 feet by 9 feet to the
               south at 808 P Street. (ADOPTED FOR APPROVAL, 6-0; 
               CARROLL, COOK, EMERY, HORNUNG, SNYDER, SPATZ ASSENTING; 
               CAMP ABSTAINING; A-85898)

 9)            Application of Top Spin LLC dba Tavern on the
               Square for a Class CK liquor license at 816 P
               Street. (ADOPTED FOR APPROVAL, 6-0; CARROLL, 
               COOK, EMERY, HORNUNG, SNYDER, SPATZ ASSENTING; 
               CAMP ABSTAINING; A-85899)

10)            Manager application of Matthew T. Taylor for Top
               Spin LLC dba Tavern on the Square at 816 P
               Street. (ADOPTED FOR APPROVAL, 6-0; CARROLL, 
               COOK, EMERY, HORNUNG, SNYDER, SPATZ ASSENTING; 
               CAMP ABSTAINING; A-85900)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 11 
THRU 17 HAD 2ND READING)

11)  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. (P.H. con't. 1 week
               to 6/14/10, w/Action 6/21/10) (P.H. con't
               add'l week to 6/21/10 w/Action 6/28/10)
               Motion To Amend (170K)

12)  10-68     Authorizing the issuance of Series A and
               Series B tax allocation bonds with a total
               not to exceed $2.494 million for the City
               of Lincoln, Haymarket Hotel and Tool House
               Redevelopment Project. (Related Items:
               10-68, 10R-138, 10R-139) (Action Date:
               6/28/10)

13)  10R-138   Approving an amendment to the FY 09/10 CIP to
               authorize and appropriate $2.494 million in TIF
               funds for the Haymarket Hotel and Tool House
               Redevelopment Project generally located between
               8th and 9th, Q and R Streets. (Related Items:
               10-68, 10R-138, 10R-139) (Action Date:
               6/28/10)
               Fact Sheet (28K)

14)  10R-139   Approving the Haymarket Hotel and Tool House
               Redevelopment Agreement between B&J Partnership,
               Ltd. and the City relating to the redevelopment
               of property generally located between 8th and
               9th, Q and R Streets. (Related Items: 10-68,
               10R-138, 10R-139) (Action Date: 6/28/10)
               Fact Sheet (28K)
               Attachment (2830K)

15)  10-69     Change of Zone 10011 - 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; and amending Section 27.69.340 to
               eliminate restrictions regarding height and
               illumination of freestanding signs used for
               office and retail uses.
               Fact Sheet (18K)

16)  10-70     Change of Zone 10012 - 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 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.
               Fact Sheet (208K)

17)  10-71     Change of Zone 10013 - 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 and amending
               Section 27.67.040 to establish parking
               requirements for data centers.
               Fact Sheet (17K)


PUBLIC HEARING - RESOLUTIONS

18)  10R-124C  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. (6/7/10 - Claim of Dale Gardner P.H.
               con't. 2 wks. to 6/21/10) (ADOPTED, 7-0; A-85901)
               Fact Sheet (14K)
               Attachment (22K)

19)  10R-136   Approving a Contract Agreement between the City,
               Lancaster County, the Lincoln Lancaster County
               Public Building Commission and G&M Window
               Service, LLC for the annual requirements for
               window cleaning, pursuant to Bid No. 10-041, for
               a four-year term. (ADOPTED, 7-0; A-85902)
               Fact Sheet (46K)
               Attachment (1613K)

20)  10R-142   Approving a Contract Agreement between the City
               of Lincoln and Parker Ag Services, LLC for
               Liquid Injection of Biosolids, pursuant to Bid
               No. 10-056, for a two-year term with the option
               for one additional two-year term. 
               (ADOPTED, 7-0; A-85903)
               Fact Sheet (50K)
               Attachment (1137K)

21)  10R-137   Approving an agreement between the City on
               behalf of the Lincoln-Lancaster County Health
               Department and the University of Nebraska for
               practicum or shadowing experiences for students
               in methods of Working with Infants in Programs
               and Communities, the Dietetic Internship Program
               and Early Childhood Special Education Programs,
               for a two year term from July 1, 2010 through
               June 30, 2012. (ADOPTED, 7-0; A-85904)
               Fact Sheet (40K)
               Attachment (254K)

22)  10R-140   Special Permit 07044A - Application of First
               Presbyterian Church to allow parking in the
               front yard of a parking lot in a residential
               district generally located at South 18th Street
               and F Street. (ADOPTED, 7-0; A-85905)
               Fact Sheet (1100K)

23)  10R-141   Special Permit 10023 - Application of 3 Amigos
               Properties, LLC to allow a parking lot in a
               residential district with adjustments to allow
               parking in the front yard on property generally
               located northwest of the intersection of South
               52nd Street and N Street. (ADOPTED, 7-0; A-85906)
               Fact Sheet (857K)

24)  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. (Introduction
               Delayed to 6/14/10) (ADOPTED, 7-0; A-85907)
               Fact Sheet (83K)
               Attachment (521K)
               Attachment (62K)

                          - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 25 
THRU 28 HAD 1ST READING)

25)  10-72     Amending Title 3 of the Lincoln Municipal
               Code relating to Revenue and Finance by
               adding a new Chapter 3.28 to provide for
               the levy of a hotel occupation tax; to
               establish definitions; to provide for
               administration, collections, returns,
               delinquencies and recovery of unpaid
               amounts related to the tax; to determine
               how tax revenue will be used; and to
               provide a sunset provision for the tax.
               Fact Sheet (18K)

26)  10-73     Amending Title 3 of the Lincoln Municipal
               Code relating to Revenue and Finance by
               adding a new Chapter 3.26 to provide for
               the levy of a car rental occupation tax; to
               establish definitions; to provide for
               administration, collections, returns,
               delinquencies and recovery of unpaid
               amounts related to the tax; to determine
               how tax revenue will be used; and to
               provide a sunset provision for the tax.
               Fact Sheet (18K)

27)  10-74     Amending Title 3 of the Lincoln Municipal
               Code relating to Revenue and Finance by
               adding a new Chapter 3.30 to provide for
               the levy of a restaurant occupation tax; to
               establish definitions; to provide for
               administration, collections, returns,
               delinquencies and recovery of unpaid
               amounts related to the tax; to determine
               how tax revenue will be used; and to
               provide a sunset provision for the tax.
               Fact Sheet (18K)

28)  10-75     Amending Chapter 3.24 of the Lincoln
               Municipal Code relating to Occupation Taxes
               by amending Section 3.24.080,
               Telecommunication Occupation Tax, to define
               in more detail that the telecommunication
               occupation tax applies to all
               telecommunication services, including the
               provision of equipment, and to make the
               occupation tax applicable to all businesses
               selling telecommunication equipment;
               amending Section 3.24.090 to provide when
               the telecommunication occupation tax from
               all businesses are due and to authorize the
               quarterly compounding of interest for late payments;
               amending Section 3.24.100 to require monthly
               statements be submitted by all businesses paying
               the occupation tax and to provide for audits and
               access to records; and amending Section 3.24.160
               to eliminate the requirement that the City
               Treasurer direct the City Attorney to bring suit
               for unpaid taxes.
               Fact Sheet (17K)


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

29)  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.
               (6/14/10 - Action delayed 1 wk to 6/21/10)
               (MTA #1 TO ACCEPT THE SUBSTITUTE ORDINANCE 
               ADOPTED, 7-0; PASSED AS AMENDED, 6-1; CARROLL, 
               COOK, EMERY, HORNUNG, SNYDER, SPATZ ASSENTING; 
               CAMP DISSENTING; #19396)
               Motion To Amend (251K)

30)  10-56     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. (PASSED, 7-0; #19397)
               Fact Sheet (38K)

31)  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.
               (WITHDRAWN, 7-0; #38-4602)
               Fact Sheet (40K)

32)  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.  (PASSED, 7-0; #19398)
               Fact Sheet (624K)

33)  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.
               (PASSED, 7-0; #19399)
               Fact Sheet (725K)

34)  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.
               (PASSED, 7-0; #19400)
               Fact Sheet (2885K)

35)  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. (PASSED, 7-0; #19401)
               Fact Sheet (896K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

36)  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)

37)  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)

38)  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)

39)  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)

40)  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)

41)  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)

42)  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)

43)            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)

44)  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)

45)  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 28, 2010, AT 5:30 P.M.
                                                  (APPROVED, 7-0)

46)  10R-143   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of June 1 - 15,
               2010.
               Fact Sheet (14K)
               Attachment (20K)

47)  10R-145   Approving the 2010 - 2012 Strategic Plan for
               Community Development Strategies to be carried
               out in Lincoln.
               Fact Sheet (47K)
               Attachment (352K)
               Attachment (473K)
               Attachment (57K)

48)  10R-146   Approving the Fiscal Year 2010 Action Plan:  One
               Year Use of Funds for HUD Entitlement Programs.
               Fact Sheet (69K)
               Attachment (297K)

49)  10R-147   Appointing Jason Christenson to the Audit
               Advisory Board for a three-year term expiring
               March 1, 2013.
               Attachment (22K)


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   4:59 P.M.


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          which is broadcast live at 3:00 p.m. every Monday and
              at 5:30 p.m. on the last Monday of each month
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                      on 5 City-TV, Cable Channel 5.
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The City Council Agenda and Action Sheet may be accessed on the Internet at:
                              lincoln.ne.gov
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