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Formal Agenda


       ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
               MONDAY, AUGUST 16, 2010 AT 3:00 P.M.

        PROCLAMATION BY MAYOR CHRIS BEUTLER RECOGNIZING
   THE STAFF OF THE SPECIAL OLYMPICS 2010 USA NATIONAL GAMES


                     ALL MEMBERS PRESENT


                         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-174  Reappointing Ruth Jones to the City
               Personnel Board for a term expiring June 22, 2015.
               (ADOPTED, 7-0; A-85952)
                                                  
 2)            Clerk's Letter and Mayor's Approval of
               Ordinances and Resolutions passed by Council on
               August 2, 2010.  (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 3)            THE FOLLOWING HAVE  BEEN PLACED ON FILE IN THE
               OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 10041 to Special
               Permit No. 09029, Springs at Heritage Lakes
               Community Unit Plan, approved by the Planning
               Director on August 5, 2010, requested by Continental
               206 Fund, LLC, to revise the site layout to show the
               development over one lot instead of two and to
               eliminate the internal common access easement, on
               property generally located near S. 91st
               Street and Heritage Lakes Drive. 
               Administrative Amendment No. 10047 to Use Permit
               No. 117C, Horizon Business Center, approved by the
               Planning Director on August 5, 2010, requested by
               Alan Schroeder, to add the use of "storage garage"
               to the approved 43,600 square feet of mini-warehouse
               area on Lot 37 of the Horizon Business Center Use
               Permit, on property generally located at S.
               14th Street and Infinity Court. 
               Administrative Amendment No. 10032 to Use Permit
               No. 150B, Appian Way Regional Shopping Center Phase
               II, to revise the Land Use Table for Lot 1, Block 4,
               to show one-half the allocated floor area as office
               and one-half the allocated floor area as medical
               office and amending the trip generation calculations
               accordingly, on property generally located near S.
               84th Street and Highway 2. 
                                             
 4)            THE FOLLOWING HAS BEEN REFERRED TO THE PLANNING
               DEPT.:
               Special Permit 10029 - Application of Douglas
               Oxley to allow an indoor animal hospital generally
               located on the northwest corner of S. 48th Street
               and Normal Boulevard.


 5)  MISCELLANEOUS REFERRALS - NONE

                       - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

 6)            Application of Jo Mar Inc. dba The Still for a
               special designated license covering an area
               approximately 100 feet by 120 feet in the front
               parking lot at 6820 South 70th Street on August 28,
               2010 from 4:00 p.m. to 10:00 p.m. (ADOPTED FOR 
               APPROVAL, 7-0; A-85953)

 7)            Application of Trader Joe's Company dba Trader Joe's
               #722 for a Class C liquor license at 3120 Pine Lake
               Road, Suite R.(ADOPTED FOR APPROVAL, 7-0;A-85954)

 8)            Manager application of Joseph T. English for Trader
               Joe's Company dba Trader Joe's #722 at 3120 Pine
               Lake Road, Suite R. (ADOPTED FOR APPROVAL, 7-0;
               A-85955)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 9 THRU 13 HAD 2ND READING; SEE ITEMS #9 & #10)

 9)  10R-183   Approving the 98th and Holdrege Conditional Zoning
               Agreement between M. Kent and Marsha Prior and the
               City of Lincoln regarding a change of zone from AG
               Agricultural to AGR Agricultural Residential to
               allow three single family dwelling lots, one outlot,
               and a build through plan for future urbanization on
               property generally located at 98th Street and
               Holdrege Street. (Related Items: 10R-183, 10-86)
               (Action Date: 8/23/10) (CONT. PUBLIC HEARING ONE WEEK
               TO 8/23/10 W/ACTION 8/30/10, 7-0)
               Attachment (17K)

10)  10-86     Change of Zone 10007 - Application of Kent Prior
               for a change of zone from AG Agricultural
               District to AGR Agricultural Residential
               District on property generally located at North
               98th Street and Holdrege Street. (7/19/10 -
               Placed on Indefinite Pending, No Date Certain)
               (7/26/10 - Removed from Pending, to have
               1st Reading 8/9/10) (Related Items:
               10R-183, 10-86) (Action Date: 8/23/10)
               (CONT. PUBLIC HEARING ONE WEEK TO 8/23/10
               W/ACTION 8/30/10, 7-0)
               Fact Sheet (1039K)

11)  10-84     Vacation 10006 - Vacating multiple streets and
               alleys for the West Haymarket Redevelopment
               Area, generally located at approximately North
               3rd Street to North 7th Street from S Street to
               U Street, and South 5th Street and North 5th
               Street from L Street to T Street.
               Fact Sheet (2730K)

12)  10-85     Vacation 10007 - Vacating J Street from
               approximately South 2nd Street to 100 feet east
               of the east right-of-way line of South 3rd
               Street, and vacating South 2nd Street from
               approximately the north right-of-way line of J
               Street to 143 feet south of the south right-of-
               way line of J Street.
               Fact Sheet (626K)
               Attachment (565K)

13)  10-106    Change of Zone 10015 - Amending Title 27 of the
               Lincoln Municipal Code relating to Zoning by
               amending Section 27.41.040 to allow any permitted
               use which exceeds the maximum height permitted in
               the H-2 Highway Business District to be allowed as a
               special permitted use in said district; amending
               Section 27.43.040 to allow any permitted use which
               exceeds the maximum height permitted in the H-3
               Highway Commercial District to be allowed as a
               special permitted use in said district; and amending
               Section 27.63.250 to provide that a permitted use
               exceeding the maximum height permitted in the
               district may be allowed in the H-2 and H-3 zoning
               districts by a special permit.
               Fact Sheet (901K)


PUBLIC HEARING - RESOLUTIONS

14)  10R-187   Approving a Contract Agreement between the City and
               Security Equipment - Lincoln for the annual
               requirements for Security Alarm System Services,
               pursuant to Quote 3060, for a four-year term.
               (ADOPTED, 7-0; A-85956)
               Fact Sheet (123K)
               Attachment (1864K)

15)  10R-189   Accepting the report of new and pending claims
               against the City and approving disposition of claims
               set forth for the period of July 16 - 31, 2010.
               (ADOPTED, 7-0; A-85957)
               Fact Sheet (14K)
               Attachment (20K)

16)  10R-184   Approving and accepting a Grant Award Notification
               from the Nebraska Department of Health and Human
               Services to the City of Lincoln on behalf of the
               Lincoln-Lancaster County Health Department for the
               Mobilizing for Action Through Planning and
               Partnerships Program for a term of July 1, 2010
               through December 31, 2011 in the amount of
               $15,000.00.(ADOPTED, 7-0; A-85958)
               Fact Sheet (84K)
               Attachment (954K)

17)  10R-190   Approving Memorandums of Understanding between the
               City of Lincoln and 12 community partner agencies
               and organizations for assignment of AmeriCorps
               members associated with the Recovery-Go Green
               Initiative AmeriCorps Project sponsored by the Parks
               and Recreation Department for a 15-month program
               funded through a federal AmeriCorps Program grant.
                (ADOPTED, 7-0; A-85959)
               Fact Sheet (136K)
               Attachment (6729K)

18)  10R-185   Approving a supplemental agreement between the City
               and the State of Nebraska Department of Roads to
               modify agreement language for project letting by
               NDOR and invoice procedures as well as add language
               to described duties and assurances of a Responsible
               Charge person for the Antelope Valley South Street
               bridge project.(ADOPTED, 7-0; A-85960)
               Fact Sheet (13K)
               Attachment (255K)

19)  10R-188   Approving the labor contract between the City and
               the Amalgamated Transit Union for a two year term
               effective August 19, 2010. (ADOPTED, 7-0; A-85961)
               Fact Sheet (90K)
               Attachment (164K)

                     - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 20 THRU 27 HAD 1ST READING)		

20)  10-108    Vacation 09006 - Vacating North 14th Street from the
               south right-of-way line of New Hampshire to the
               north line of the railroad right-of-way.
               Fact Sheet (553K)

21)  10-109    Vacation 10010 - Vacating a portion of the east-west
               alley abutting Lots 4-9, Block 30, Original Lincoln,
               and the east 18 feet of North 8th Street abutting
               said alley, generally located between Q and R
               Streets and 8th and 9th Streets.
               Fact Sheet (660K)

22)  10-110    Approving a lease agreement between the City and the
               Village of Firth for the lease of space by Aging
               Partners for its Senior Center Program at 311 Nemaha
               Street, Firth, Nebraska from September 1, 2010 to
               August 31, 2011.
               Fact Sheet (169K)
               Attachment (95K)

23)  10-111    Approving a lease agreement between the City and the
               Panama Caf‚ for the lease of space by Aging Partners
               for its Senior Center Program at 310 Locust Street,
               Panama, Nebraska from September 1, 2010 to August
               31, 2011.
               Fact Sheet (167K)
               Attachment (110K)

24)  10-112    Approving a lease agreement between the City and the
               American Legion Post #280 for the lease of space by
               Aging Partners for its Senior Center Program at 970
               Monroe, Bennet, Nebraska from September 1, 2010 to
               August 31, 2011.
               Fact Sheet (167K)
               Attachment (95K)

25)  10-113    Amending the Lincoln Municipal Code to update
               Chapter 10.26 due to changes associated with street
               names, roadway removals, proposed arterial additions
               and proposed removal of existing arterial street
               status.
               Fact Sheet (12K)
               Attachment (948K)

26)  10-114    Approving the transfer of unspent and unencumbered
               appropriations and cash (if any) between certain
               capital improvement projects within the Street
               Construction Fund for the Public Works & Utilities
               Department and within the Capitol Projects Fund for
               the Parks & Recreation Department.
               Fact Sheet (12K)

27)  10-115    Vacation 10003 - Vacating the west 34 feet of South
               29th Street from the north line of Washington Street
               to the south line of the east-west alley between
               Washington Street and A Street. 
               Fact Sheet (926K)


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

28)  10R-182   Approving Amendment No. 2 to the Village Gardens
               Conditional Annexation and Zoning Agreement
               between the City and Village Gardens Development
               Company, LLC, relating to the annexation of
               approximately 15.5 acres of property generally
               located at South 62nd Street and Yankee Hill
               Road. (Related Items: 10R-182, 10-99, 10-100)
               (Action Date: 8/16/10)(ADOPTED, 7-0; A-85962)
               Attachment (80K)

29)  10-99     Annexation No.10001 - Amending the Lincoln
               Corporate Limits Map by annexing approximately
               15.5 acres of property generally located at
               South 62nd Street and Yankee Hill Road.
               (Related Items: 10R-182, 10-99, 10-100)
               (Action Date: 8/16/10)(PASSED, 7-0; #19428)
               Fact Sheet (797K)
               Attachment (253K)

30)  10-100    Change of Zone No. 10006 - Application of Village
               Gardens Development for a change of zone from AG
               Agricultural District to R-3 Residential District on
               property generally located at South 62nd Street and
               Yankee Hill Road. (Related Items: 10R-182, 10-99,
               10-100) (Action Date: 8/16/10)(PASSED, 7-0; #19429)
               Fact Sheet (771K)

31)  10-101    Adopting an amended and restated version of the City
               of Lincoln Employees' Retirement Plan and Trust to
               provide that the employer contribution for employees
               hired in positions and pay ranges prefixed by the
               letter "N" on or after September 1, 2010 will be an
               amount equal to 9% of an employee's compensation;
               and to further provide that the mandatory employee
               contribution for employees hired in positions and
               pay ranges prefixed by the letter "N" on or after
               September 1, 2010 will be in an amount equal to 7%
               of an employee's compensation.(PASSED, 7-0; #19430)
               Fact Sheet (104K)

32)  10-102    Adopting an amended and restated version of the City
               of Lincoln Employees' Retirement Plan and Trust to
               provide that the employer contribution for employees
               hired in positions and pay ranges prefixed by the
               letters "A", "B" and "C" on or after September 1,
               2010 will be an amount equal to 9% of an employee's
               compensation; and to further provide that the
               mandatory employee contribution for employees hired
               in positions and pay ranges prefixed by the letters
               "A", "B" and "C" on or after September 1, 2010 will
               be in an amount equal to 7% of an employee's
               compensation.(PASSED, 7-0; #19431)
               Fact Sheet (106K)
               Attachment (3000K)

33)  10-103    Amending Title 2 of the Lincoln Municipal Code,
               Officers, Departments and Personnel, by amending
               Sections 2.62.010, 2.65.010 and 2.66.010 relating to
               the establishment of Police and Fire Pension Plans
               A, B and C, respectively, to amend the date by which
               the required city normal cost contributions to the
               Police and Fire Pension Fund are to be made.
               (8/2/10 - To have 2nd Reading & P.H.
               w/city budget at 2:30 p.m.)(PASSED, 7-0; #19432)
               Fact Sheet (92K)

34)  10-104    Amending Section 2.42.040 of the Lincoln Municipal
               Code to provide that the Parking Services Division
               of the Urban Development Department shall be
               responsible for managing on-street and off-street
               parking of the City of Lincoln; amending Chapter
               10.02 of the Lincoln Municipal Code relating to
               definitions associated with Vehicles and Traffic to
               provide definitions for "Parking Control Officer"
               and "Parking Services Enforcement Area"; amending
               Section 10.06.010 of the Lincoln Municipal Code to
               provide that the Director of Public Works and
               Utilities shall determine where public parking will
               be metered or otherwise regulated; amending Section
               10.06.040 of the Lincoln Municipal Code to establish
               a Parking Records Bureau within the Urban
               Development Department; amending Section 10.06.070
               of the Lincoln Municipal Code to provide that
               Parking Control Officers shall have the power to
               issue citations for the specific parking and
               registration violations set forth in Section
               10.06.110(b) of the Lincoln Municipal Code; amending
               Section 10.06.110 of the Lincoln Municipal Code to
               set forth the violations for which a Parking Control
               Officer shall issue citations; amending Section
               10.34.020 of the Lincoln Municipal Code to provide
               that the Parking Services Division of the Urban
               Development Department shall be responsible for
               installing parking meters; amending Section
               10.34.100 of the Lincoln Municipal Code to provide
               that the Parking Services Division of the Urban
               Development Department shall be responsible for the
               collection of parking meter fees; amending Section
               10.36.010 of the Lincoln Municipal Code to provide
               that the Directors of Public Works and Utilities and
               Urban Development  shall make recommendations to the
               Mayor regarding the creation of off-street parking
               facilities; amending Sections 10.36.030 and
               10.36.040 of the Lincoln Municipal Code to provide
               that the Director of Urban Development shall
               designate, locate, and take all steps necessary for
               the effective operation of gated parking facilities;
               amending Section 10.36.100 of the Lincoln Municipal
               Code to provide that the Director of Urban
               Development shall set the parking fees to be
               collected for off-street parking facilities;
               amending Section 10.44.030 of the Lincoln Municipal
               Code to authorize Parking Control Officers to
               contact the Police Department for impoundment of
               vehicles parked in violation of any parking
               ordinance of the City; amending Section 10.44.040 to
               provide that the Chief of Police and the Director of
               Urban Development shall be accountable for any fees
               collected relating to impounded vehicles. (8/2/10
               - To have 2nd Reading & P.H. w/city budget
               at 2:30 p.m.) (PASSED, 7-0; #19433)
               Fact Sheet (19K)


PENDING LIST - DATE CERTAIN

35)  10-107    Amending Section 5.04.130 of the Lincoln Municipal
               Code to change the times during which the sale and
               dispensing of alcoholic liquor is prohibited,
               requiring an internal review and providing for an
               effective date of 6:00 a.m. on September 10, 2010.
               (8/9/10-To have 2nd Reading/P.H. on
               8/23/10 w/Action on 8/30/10)
               Fact Sheet (100K)

36)  10R-180   Adopting the 2010/11 City of Lincoln Annual
               Operating Budget and Capital Improvement Program for
               FY 2010/11 - 2015/16. (Action Date: 8/23/10)


PENDING LIST	(EXTENDED ONE WEEK)

37)  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)

38)  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)

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)


    WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
      PUBLIC HEARING ON MONDAY, AUGUST 23, 2010, AT 3:00 P.M.
                                               (APPROVED, 7-0)

45)  10R-191   Directing the submission of a proposed general
               obligation bond issue for construction of
               improvements to the City's storm sewer and drainage
               system at the November 2, 2010, City general
               election. 
               Fact Sheet (13K)

46)  10R-198   Directing submittal to the qualified electors of the
               City a proposed Charter amendment amending Article
               IX, relating to Finance and Taxation, by adding a
               new Section 26.a to allow the City to establish and
               adopt a biennial budget. 
               Fact Sheet (17K)

47)  10R-186   Approving Contract Agreements between the City and
               Anixter, Inc. and Communication Services, Inc. for
               the annual requirements for Fiber Optic Material,
               pursuant to Bid No. 10-095, for two-year terms with
               option to renew for two additional one-year terms.
               Fact Sheet (157K)
               Attachment (2784K)

48)  10R-192   Approving Contract Agreements between the City and
               Badger Meter, Inc. for the annual supply for Cold
               Water Meters, 5/8" to 2" with Automated Meter
               Reading ERT Modules, pursuant to Bid No. 10-128, for
               a two-year term with the option to renew for one
               additional two-year term.
               Fact Sheet (114K)
               Attachment (3393K)

49)  10R-193   Approving the 2010-11 Work Plan for the Interlocal
               Agreement on Stormwater Management between the City
               and Lower Platte South Natural Resources District to
               address stormwater quality and quantity issues.
               Fact Sheet (12K)
               Attachment (253K)

50)  10R-194   Approving the labor contract between the City and
               the Lincoln City Employees Association for a two
               year term effective August 19, 2010.
               Fact Sheet (89K)
               Attachment (2169K)

51)  10R-195   Approving a new schedule for water use charges for
               fiscal year 2010-2011.
               Fact Sheet (13K)

52)  10R-196   Approving a new schedule for wastewater use charges
               for fiscal year 2010-2011.
               Fact Sheet (13K)

53)  10R-197   Approving a schedule of fees the City may charge for
               ambulance service.
               Fact Sheet (199K)
               Attachment (7K)


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 AUGUST ARE THE 16TH AND 30TH.


ADJOURNMENT  4:02 p.m.
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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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