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Formal Agenda


            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, OCTOBER 4, 2010 AT 3:00 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
               Resolutions and Ordinances passed by the City
               Council on September 20, 2010. (PLACED ON FILE)

 2)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on September 27, 2010. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS - NONE


 3)  MISCELLANEOUS REFERRALS

                          - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 4)            Application of Cobbler Inn, Inc. dba Don and
               Randy Shoemakers Truck Station C-91078 for a
               Class C liquor license at 4800 West O Street.
               (ADOPTED FOR APPROVAL, 7-0; A-86029)

 5)            Manager Application of Randy G. Shoemaker for
               Cobbler Inn, Inc. dba Don and Randy Shoemakers
               Truck Station C-91078 at 4800 West O Street.
               (ADOPTED FOR APPROVAL, 7-0; A-86030)

 6)            Application of SWIG, LLC for a special
               designated license covering an outdoor area
               measuring approximately 120 feet by 120 feet in
               the parking lot at 1510 Q Street on October 15,
               2010 from 5:00 p.m. to 11:00 p.m.
               (ADOPTED FOR APPROVAL, 7-0; A-86031)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEM 7 
HAD 2ND READING)

 7)  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)


            A SPECIAL PUBLIC HEARING SHALL BE HELD ON 
                     THE FOLLOWING RESOLUTION

 8)  10R-248   Approving the 2010-2011 City tax rate of 0.28788
               per $100.00 of assessed valuation.
               (ADOPTED, 7-0; A-86032)
               Fact Sheet (83K)


PUBLIC HEARING - RESOLUTIONS

 9)  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.
               (ADOPTED, 7-0; A-86033)
               Fact Sheet (130K)
               Attachment (3062K)

10)  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.
               (ADOPTED, 7-0; A-86034)
               Fact Sheet (121K)
               Attachment (4036K)

11)  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. (CON'T P.H. W/ACTION 
               TO 10/11/10, 7-0)
               Fact Sheet (100K)
               Attachment (33028K)

12)  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.
               (ADOPTED, 7-0; A-86035)
               Fact Sheet (13K)
               Attachment (150K)

13)  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. 
               (ADOPTED, 7-0; A-86036)
               Fact Sheet (13K)
               Attachment (149K)

14)  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. 
               (ADOPTED, 7-0; A-86037)  
               Fact Sheet (12K)
               Attachment (150K)

15)  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. 
               (ADOPTED, 7-0; A-86038)
               Fact Sheet (12K)
               Attachment (400K)

16)  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.
               (ADOPTED, 7-0; A-86039)
               Fact Sheet (12K)
               Attachment (149K)

17)  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)
               (9/27/10 - P.H. w/Action con't to 10/4/10)
               (CON'T P.H. W/ACTION TWO WEEKS TO 10/18/10, 7-0)
               Attachment (134K)

18)  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) (9/27/10 - P.H. w/Action con't to
               10/4/10) (CON'T P.H. W/ACTION TWO WEEKS TO 
               10/18/10, 7-0)
               Attachment (131K)

19)  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) (9/27/10 - P.H.
               w/Action con't to 10/4/10) (CON'T P.H. W/ACTION 
               TWO WEEKS TO 10/18/10, 7-0)
               Attachment (107K)

20)  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) (9/27/10 - P.H.
               w/Action con't to 10/4/10) (CON'T P.H. W/ACTION 
               TWO WEEKS TO 10/18/10, 7-0)
               Attachment (48K)

                      - END PUBLIC HEARING -


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

     NONE


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

21)  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. (PASSED, 6-1; CARROLL, 
               COOK, EMERY, HORNUNG, SNYDER, SPATZ ASSENTING; 
               CAMP DISSENTING; #19457)
               Fact Sheet (795K)

22)  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. (PASSED, 7-0; #19458)
               Fact Sheet (18K)

23)  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) (PLACED ON PENDING TO HAVE P.H. & 
               ACTION ON 10/25/10, 7-0)

24)  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)
               (PLACED ON PENDING TO HAVE P.H. & ACTION ON 
               10/25/10, 7-0)
               Fact Sheet (13K)

25)  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) (PLACED ON PENDING TO HAVE 
               P.H. & ACTION ON 10/25/10, 7-0)
               Attachment (603K)

26)  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. 
               (PASSED, 7-0; #19459)
               Fact Sheet (87K)
               Attachment (352K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST   (EXTENDED ONE WEEK)

27)  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)

28)  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)

29)  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)

30)  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)

31)  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)

32)  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)

33)            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)

34)  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)

35)  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)


     WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
       PUBLIC HEARING ON MONDAY, OCTOBER 11, 2010, AT 3:00 P.M.
                                                  (APPROVED, 7-0)

36)  10R-251   Reappointing John Baylor, Beatty Brasch and Kim
               Phelps to the StarTran Advisory Board for terms
               to expire October 20, 2013.

37)  10R-252   Reappointing Janet Goodman-Banks, Olga Kanne,
               and Colette Polite to the Multicultural Advisory
               Committee for terms to expire September 18,
               2013.

38)  10R-259   Appointing Ashley McWilliams to the
               Multicultural Advisory Committee to fill an
               unexpired term expiring September 18, 2012.
               Attachment (63K)

39)  10R-253   Appointing Andy Pollock to the Cable Advisory
               Board to fill an unexpired term expiring July 1,
               2012.
               Attachment (34K)

40)  10R-260   Appointing Randy Jones to the Keno Advisory
               Board for a term to expire July 1, 2013.
               Attachment (59K)

41)  10R-261   Reappointing Marvona Easley Tavlin to the Keno
               Advisory Board for a term to expire July 1,
               2013.

42)  10R-254   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of September 
               16 - 30, 2010.
               Fact Sheet (14K)
               Attachment (20K)

43)  10R-255   Approving the four-year contract between Dickey
               & Burham, Inc. and the City of Lincoln for the
               provision of snow and ice removal for the
               Ashland Water Treatment Plant.
               Fact Sheet (136K)
               Attachment (1734K)

44)  10R-256   Approving the Interlocal Agreement between Wyuka
               Cemetery and the City of Lincoln for conserving
               and improving the existing pond that is part of
               the urban drainage system generally located
               adjacent to "O" Street at the main entrance to
               Wyuka.
               Fact Sheet (13K)
               Attachment (215K)

45)  10R-257   Approving an Agreement between the City and the
               University of Nebraska-Lincoln to conduct
               stormwater quality monitoring to meet the
               requirements of the City's NPDES stormwater
               permit for a period of one year from January 1,
               2011 through December 31, 2011.
               Fact Sheet (13K)
               Attachment (1369K)

46)  10R-258   Approving the First Amendment to the Interlocal
               Agreement between the Lower Platte South Natural
               Resources District and the City of Lincoln for
               the development of a natural play space in
               Belmont Park to expand the scope of that
               agreement to include Union Plaza and other
               natural play spaces which the parties may agree
               upon and to provide for additional funding from
               the LPSNRD in the amount of $60,000.00.
               Fact Sheet (106K)
               Attachment (102K)


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 OCTOBER ARE
      THE 11TH AND 25TH.


ADJOURNMENT   3:25 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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