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Formal Agenda


       ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, SEPTEMBER 27, 2010 AT 5:30 P.M.

                           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)            Clerk's Letter and Mayor's Approval of Ordinances
               and Resolutions passed by Council on September 13,
               2010. (PLACED ON FILE)

 2)            Report from City Treasurer of Cash on Hand at the
               close of business August 31, 2010.(PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 3)            PLACED ON FILE IN THE CITY CLERKS OFFICE:
               Administrative Amendment No. 10046 to Use Permit
               No. 140C, Appian Way Regional Shopping Center,
               approved by the Planning Director on September 14,
               2010, requested by Eiger Corp., to divide Lot 1,
               Block 1 into Lots 1 and 2, Block 1 and to revise the
               land use table accordingly, on property generally
               located at S. 84th Street and Highway 2.
               Administrative Amendment No. 10052 to Use Permit
               No. 43A, Stockwell Office Park, approved by the
               Planning Director on September 15, 2010, requested
               by Design Associates of Lincoln, to expand the
               building envelope on Lot 4, on property generally
               located at S. 14th Street and Stockwell
               Street.
               Administrative Amendment No. 10056 to Special
               Permit No. 692M, Tabitha New Community, approved by
               the Planning Director on September 20, 2010,
               requested by Home Solutions of Nebraska, to reduce
               the rear yard setback from 18 feet to 9 feet on Lot
               1, located at the northeast corner of Venture Drive
               and Folkways Boulevard.

 4)            REFERRED TO THE PLANNING DEPARTMENT:
               Change of Zone 10018 - Application of University
               of Nebraska, Nebraska Innovation Campus Planned Unit
               Development, for a change from P to O-3 on property
               generally located at North Antelope Valley Parkway
               and Salt Creek Roadway for a Planned Unit
               Development district designation of said property
               which allows 2 million square feet of mixed use
               commercial, up to 250 dwelling units and up to 135
               hotel rooms in the underlying O-3 Planned Unit
               Development.
               Change of Zone 10019 - Application of Olsson
               Associates on behalf of Assurity Life Insurance Co.
               from O-3 to B-2 on property generally located at S.
               27th Street and Old Cheney Road.
               Use Permit 15D - Application of Olsson
               Associates on behalf of Assurity Life Insurance Co.
               for an amendment to change 33,020 sq. ft. of
               approved office use to retail use on property
               generally located at S. 27th Street and Old
               Cheney Road.

 5)            Setting the Hearing Date of Monday October 11, 2010
               at 3:00 p.m. for the Application of Vaneiser LLC dba
               Venue Restaurant & Lounge for a Class I liquor
               license located at 4107 Pioneer Woods Drive, Ste.
               107. (ADOPTED, 7-0; A-86021)

 6)            Setting the Hearing Date of Monday, October 11, 2010
               at 3:00 p.m. for the Application of The Press Box,
               Inc. dba The Press Box for a Class I liquor license
               located at 5601 S. 56th Street. ((ADOPTED, 7-0;
               A-86022)

 7)            Setting the Hearing Date of Monday, October 11, 2010
               at 3:00 p.m. for the Application of BNW Corporation
               dba 19th Street Liquor for a Class D liquor license
               located at 230 S. 19th Street. (ADOPTED, 7-0; A-86023)


8)   MISCELLANEOUS REFERRALS - NONE

                       - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

 9)            Application of RPM Bros. Inc. dba Slicks to expand
               the existing outside beer garden by the addition of
               an area measuring approximately 10 feet by 29 feet
               at the northwest corner of its licensed premises at
               2805 N.W. 48th Street. (9/20/10 - P.H. & Action
               con't. 1 wk to 9/27/10) (ADOPTED FOR APPROVAL, 7-0;
               A-86024)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 10 THRU 15 HAD 2ND READING)

10)  10-126    Street Name Change 10006 - Renaming South 87th
               Street as "Ellie Lane" located in the Boulder Run
               Addition, generally located at South 84th Street and
               Barkley Drive.
               Fact Sheet (795K)

11)  10-127    Amending Section 5.38.075 of the Lincoln Municipal
               Code relating to the appeal procedure for persons
               aggrieved by a decision, notice or order of the
               Building Official for a permit to maintain or
               operate a rooming house, lodging house, apartment
               house, motel or hotel, to correct an outdated LMC
               section and chapter reference.
               Fact Sheet (18K)

12)  10-128    Authorizing the City of Lincoln to enter into a
               lease-purchase transaction with Union Bank and Trust
               Company, Lincoln, Nebraska, in an amount not to
               exceed $8,000,000 for the acquisition of the
               Experian building and renovations to the same.
               (Related Items: 10-128, 10R-236, 10R-241)

13)  10R-236   Amending the 2010/2011 - 2015/2016 Capital
               Improvements Program Budget to add a new project in
               year one to the Public Works & Utilities Street
               Maintenance program to include the lease purchase of
               the Experian facility at 901 and 949 West Bond
               Street.  (Related Items: 10-128, 10R-236, 10R-
               241) (Action Date: 10/4/10)
               Fact Sheet (13K)

14)  10R-241   Approving a Real Estate Purchase and Sale Agreement
               between the City of Lincoln and Experian Marketing
               Solutions, Inc. for the purchase of the Experian
               facility generally located at 901 and 949 West Bond
               Street. (Related Items: 10-128, 10R-236, 10R-241)
               (Action Date: 10/4/10)
               Attachment (603K)

15)  10-129    Approving a Lease Agreement between the Airport
               Authority and the City for the lease of storage
               space by the Lincoln-Lancaster County Health
               Department for a term of December 1, 2010 through
               November 30, 2011.
               Fact Sheet (87K)
               Attachment (352K)


PUBLIC HEARING - RESOLUTIONS

16)  10R-230   Ordering construction of sidewalks at various
               locations where sidewalks currently do not exist.
               (9/20/10 - P.H. & Action con't. 1 wk. to
               9/27/10) (ADOPTED, 7-0; A-86025)
               Fact Sheet (13K)
               Attachment (2.8M)

17)  10R-232   Accepting the report of new and pending claims
               against the City and approving disposition of claims
               set forth for the period of September 1 - 15, 2010.
                (ADOPTED, 7-0; A-86026)
               Fact Sheet (14K)
               Attachment (18K)

18)  10R-233   Approving Amendment #2 to the Joint Funding
               Agreement (A-84982) for Water Resources
               Investigations between the U.S. Geological Survey,
               United States Department of the Interior, and the
               City of Lincoln, to conduct stormwater quality
               monitoring services under the City's National
               Pollutant Discharge Elimination System (NPDES)
               stormwater permit. (ADOPTED, 7-0; A-86027)
	       Fact Sheet (13K)
               Attachment (60K)

19)  10R-235   Authorizing and supporting the Parks & Recreation
               Department's submittal of a grant application to the
               Nebraska Game and Parks Commission for a
               Recreational Trails Program Grant for replacement of
               the Bison Trail Bridge over Haines Branch Tributary
               on West Van Dorn Street. (ADOPTED, 7-0; A-86028)
               Fact Sheet (89K)

20)  10R-237   Approving a Master Development Agreement between the
               City and BNSF to provide for a land exchange needed
               to create the new BNSF rail corridor and the site
               for the West Haymarket Project improvements; to
               provide for the removal of BNSF improvements on the
               property to be acquired by the City from BNSF; to
               provide for BNSF's construction of replacement
               tracks and related improvements; and to provide for
               BNSF's granting of certain license and easement
               rights to the City for Right of Entry Work related
               to the West Haymarket Project Improvements.
               (Related Items: 10R-237, 10R-238, 10R-239, 10R-
               240) (Request to con't. P.H. w/Action on
               10/4/10) (CONT. PUBLIC HEARING ONE WEEK TO 10/4/10
               W/ACTION, 7-0)
               Attachment (134K)

21)  10R-238   Approving a Land Exchange Agreement between the City
               and BNSF for acquisition of property from BNSF for
               the West Haymarket Project. (Related Items: 10R-
               237, 10R-238, 10R-239, 10R-240) (Request to
               con't. P.H. w/Action on 10/4/10)(CONT. PUBLIC HEARING
               ONE WEEK TO 10/4/10 W/ACTION, 7-0)
               Attachment (131K)

22)  10R-239   Approving a Construction and Maintenance Agreement
               between the City and BNSF to provide for terms and
               conditions regarding construction of the City's
               rights of entry work under the Master Development
               Agreement for the West Haymarket Project. 
               (Related Items: 10R-237, 10R-238, 10R-239, 10R-
               240) (Request to con't. P.H. w/Action on
               10/4/10)(CONT. PUBLIC HEARING ONE WEEK TO 10/4/10
               W/ACTION, 7-0)
               Attachment (107K)

23)  10R-240   Approving a Third Assignment and Assumption
               Agreement between the City and the West Haymarket
               Joint Public Agency to provide for the City's
               assignment of its rights, interests, duties and
               obligations under the Master Development Agreement,
               Land Exchange Agreement and Construction and
               Maintenance Agreement for the West Haymarket Project
               to the West Haymarket Joint Public Agency.
               (Related Items: 10R-237, 10R-238, 10R-239, 10R-
               240) (Request to con't. P.H. w/Action on
               10/4/10)(CONT. PUBLIC HEARING ONE WEEK TO 10/4/10
               W/ACTION, 7-0)
               Attachment (48K)

                     - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEM 24 HAD 1ST READING)

24)  10-130    Annexation No. 08013 - Amending the Lincoln
               Corporate Limits Map by annexing approximately 15
               acres of property generally located southeast of the
               Salt Creek crossing at Warlick Boulevard.
               Fact Sheet (499K)
               Attachment (296K)


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

25)  10-122    Approving a lease agreement between the City and
               Hickman Presbyterian Church for the lease of space
               by Aging Partners for its Senior Center Program at
               300 East Third Street, Hickman, Nebraska from
               September 1, 2010 to August 31, 2011. (PASSED, 7-0;
               #19453)
               Fact Sheet (149K)
               Attachment (151K)

26)  10-123    Amending Chapter 3.24 of the Lincoln Municipal Code
               relating to occupation taxes by amending Section
               3.24.080 to provide that the seller of
               telecommunication equipment may itemize the tax
               levied on a bill, receipt or other invoice to the
               purchaser and amending Section 3.24.100 to clarify
               that the companies paying the telecommunication
               occupation tax have until the end of the month to
               pay the tax from the previous month.  (PASSED, 7-0;
               #19454)
               Fact Sheet (9K)

27)  10-124    Amending Chapter 14.55 of the Lincoln Municipal Code
               relating to Sidewalk Vendors by amending Section
               14.55.050, Application for Permit, to allow vendors
               in the B-3 Commercial District and to provide
               additional application submittal requirements by
               persons seeking a vendor's permit to operate in the
               B-3 Commercial District; amending Section 14.55.070
               relating to Restrictions on Pushcarts to reduce the
               required eight-foot pedestrian path to a six-foot
               pedestrian path after the location of any pushcart
               or stand within any sidewalk space and adding a new
               section numbered 14.55.075 to provide Additional
               Restrictions on Pushcarts Operating in the B-3
               Commercial District.  (PASSED, 7-0; #19455)
               Fact Sheet (127K)

28)  10-125    Amending Section 5.20.130 of the Lincoln Municipal
               Code relating to the hours during which public
               dancing is prohibited.  (PASSED, 7-0; #19456)
               Fact Sheet (14K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST   (EXTENDED ONE WEEK)

29)  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)

30)  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)

31)  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)

32)  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)

33)  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)

34)  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)

35)            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)

36)  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)

37)  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. (8/23/10 -
               Reconsidered Ordinance No. 19430 - Placed on Pending
               Indefinitely)
               Fact Sheet (104K)


           A SPECIAL PUBLIC HEARING SHALL BE HELD ON 
    MONDAY, OCTOBER 4, 2010, AT 3:00 P.M. OR AS SOON THEREAFTER AS
                 POSSIBLE ON THE FOLLOWING RESOLUTION 

38)  10R-248   Approving the 2010-2011 City tax rate of 0.28788
               per $100.00 of assessed valuation.
               Fact Sheet (83K)


       WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
      PUBLIC HEARING ON MONDAY, OCTOBER 4, 2010, AT 3:00 P.M.
					   (APPROVED, 7-0; SEE ITEM #41)

39)  10R-249   Approving a Contract Agreement between the City and
               General Parts Distribution LLC for the annual
               requirements for Vehicle/Equipment Maintenance Parts
               and Accessories, pursuant to Bid No. 10-108, for a
               three-year term with the option for one additional
               one-year term.
               Fact Sheet (130K)
               Attachment (3062K)

40)  10R-250   Approving two Contract Agreements between the City
               and OSI Batteries and BatteryZone Inc. for the
               annual supply for Radio Batteries, pursuant to Bid
               No. 10-103, for four-year terms.
               Fact Sheet (121K)
               Attachment (4036K)

41)  10R-247   Assessing Public Health Nuisance Abatement costs
               associated with the clearing of public nuisances by
               the Health Department to the following benefitted
               properties: 1747 S. 15th, 1635 S. 16th, 5730 O, 1520
               N. 25th, 844 Peach, 1425 N. 24th, 1437 S. 34th, 1834
               Prospect, 720 Washington, 1020 Plum, 1520 N. 14th,
               5601 M, 1645 Washington, 5427 Normal, 5359 Cooper,
               1120 E, 1435 C, 1857 J, 2253 Orchard, 2928 S, 4626
               Madison, 550 N.W. 8th, 2400 N, 2905 Vine, 2327 D,
               436 S. 30th, 2436 S. 8th, 1608 N. 25th, 333 N. 24th,
               3810 Dudley, 508 S. 25th, 619 S. 55th, 1942 Skyline,
               2213 S.W. 19th.(DELAYED INTRODUCTION ONE WEEK 
               TO 10/4/10, 7-0)
               Fact Sheet (100K)
               Attachment (33028K)

42)  10R-242   Approving the Annual Financial Interlocal Agreement
               between the City and the Railroad Transportation
               Safety District for funding construction of the 18th
               and Holdrege pedestrian bridge over the OL&B
               railroad tracks.
               Fact Sheet (13K)
               Attachment (150K)

43)  10R-243   Approving the Annual Financial Interlocal Agreement
               between the City and the Railroad Transportation
               Safety District for funding new bridge construction
               of the S.W. 40th Street Overpass over the BNSF rail
               yard and the paving of approximately the first 900
               feet of S.W. 40th Street south of West O Street.
               Fact Sheet (13K)
               Attachment (149K)

44)  10R-244   Approving the Annual Financial Interlocal Agreement
               between the City and the Railroad Transportation
               Safety District for funding construction of the
               Harris Overpass on O Street from 3rd to 9th Streets.
               Fact Sheet (12K)
               Attachment (150K)

45)  10R-245   Approving the Annual Financial Interlocal Agreement
               between the City and the Railroad Transportation
               Safety District for funding maintenance of the South
               Lincoln Quiet Zone Project improvements.
               Fact Sheet (12K)
               Attachment (400K)

46)  10R-246   Approving the Annual Financial Interlocal Agreement
               between the City and the Railroad Transportation
               Safety District for funding maintenance of the South
               Salt Creek Quiet Zone Project safety improvements.
               Fact Sheet (12K)
               Attachment (149K)


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 SEPTEMBER ARE THE 13TH AND 27TH.


ADJOURNMENT	8:15 P.M.

                                  ***
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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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