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Formal Agenda


        ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                 MONDAY, OCTOBER 11, 2010 AT 3:00 P.M.

                  ALL MEMBERS PRESENT EXCEPT EMERY


	MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF SEPTEMBER WAS PRESENTED
TO BILL LUXFORD. PUBLIC INFORMATION SPECIALIST III, FOR THE CITIZEN INFORMATION
CENTER DIVISION OF THE MAYOR'S DEPARTMENT IN THE CATEGORIES OF CUSTOMER RELATIONS
AND PRODUCTIVITY.


                              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-251   Reappointing John Baylor, Beatty Brasch and Kim
               Phelps to the StarTran Advisory Board for terms
               to expire October 20, 2013.  (ADOPTED, 6-0; A-86040) 

 2)  10R-252   Reappointing Janet Goodman-Banks, Olga Kanne,
               and Colette Polite to the Multicultural Advisory
               Committee for terms to expire September 18, 2013.
               (ADOPTED, 6-0; A-86041)

 3)  10R-259   Appointing Ashley McWilliams to the
               Multicultural Advisory Committee to fill an
               unexpired term expiring September 18, 2012.
               (ADOPTED, 6-0; A-86042)
               Attachment (63K)

 4)  10R-253   Appointing Andy Pollock to the Cable Advisory
               Board to fill an unexpired term expiring July 1,
               2012. (ADOPTED, 6-0; A-86043)
               Attachment (34K)

 5)  10R-260   Appointing Randy Jones to the Keno Advisory
               Board for a term to expire July 1, 2013.
               (ADOPTED, 6-0; A-86044)
               Attachment (59K)

 6)  10R-261   Reappointing Marvona Easley Tavlin to the Keno
               Advisory Board for a term to expire July 1,
               2013. (ADOPTED, 6-0; A-86045)

 7)            Report from City Treasurer of Franchise Tax for
               the month of August 2010 from Black
               Hills/Nebraska Gas Utility Co., LLC. (PLACED ON
               FILE)

 8)            Report from City Treasurer of E911 Occupation
               Tax for the month of August: Qwest, Granite,
               Level 3, TWC Digital Phone, Comtel, Budget
               Prepay, 8x8, AT&T of Midwest, Vonage America,
               Charter Fiberlink - NE, I Networks, ACN. 
               (PLACED ON FILE)

 9)            Report from City Treasurer of Telecommunication
               Tax for the month of July, 2010: Sprint,
               Nebraska Technology & Telecomm., Cricket, TWC
               Digital Phone, Virgin Mobile USA, Qwest, AT&T of
               Midwest, USCOC of Greater Iowa, New Cingular
               Wireless PCS, Alltel Comm of NE, WWC License,
               Verizon Wireless, Omaha Cellular, Primus, USCOC
               of NE/KS, Cellco Partnership, Sioux City MSA,
               Telecorp, IBM Global, KDDI America, Public Comm.
               Services, Global Crossing, UCN, McLeodUSA,
               Arizona Telephony, Broadwing, ACN, Working
               Assets Funding, OnStar, Granite, XO, Trans
               National, Cincinnati Bell Any Distance, TracFone
               Wireless, TCG Omaha, Intellicall Opeerator,
               VoiceCom, New Edge Networks, Globalstar USA, CTI
               Long Distance, ; August 2010: Windstream
               Nebraska, Unite Private Networks, D&D, Sprint
               Spectrum, Nextel, Sprint, MCI, Business Telecom,
               Viaero Wireless, Zone, Lightyear Network, Nextel
               West, Nextel Boost West, Enhanced, Tri-M,
               Grasshopper Group, First Communications,
               Globalcom, Norstan Network, SBC Long Distance,
               Novega Venture, Pioneer, IBFA Acquisitions,
               Wholesale Carrier, NOS, NOSVA, Yestel USA, Total
               Holdings, i-wireless, BT Americas, TSG Global,
               360networks (USA), ATS Mobile Telephone. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

10)            PLACED ON FILE IN THE CITY CLERKS OFFICE:
               Administrative Amendment No. 10051 to Change
               of Zone No. 05054A, Prairie Village North
               Planned Unit Development, approved by the
               Planning Director on September 28, 2010,
               requested by Olsson Associates, to add one lot
               in the northwest area of the development,
               generally located at N. 84th St. and Fremont St. 
               Administrative Amendment No. 10027 to Use
               Permit No. 05003, Vintage Heights Commercial
               Center, approved by the Planning Director on
               September 29, 2010, requested by Momma's
               Development Company, LLC, to revise the site
               plan to show the former Lot 2, Block 2, being
               subdivided to creates Lots 2, 5, 6, 7 and 8,
               Block 2, along with the creation of a private
               roadway Cuthills Court, on property generally
               located at S. 84th St. and Old Cheney Rd. 
               Administrative Amendment No. 10055 to
               Special Permit No. 1951, Hartland Homes
               Southwest 1st Community Unit Plan, approved by
               the Planning Director on October 4, 2010,
               requested by Bradley Buresh, to allow an
               unenclosed deck in the rear yard up to 10 feet
               from the rear lot line on Lot 2, Block 4, as
               indicated in the site plan.  This lot has an
               irregular shape with a 19 foot rear yard setback
               and due to the shape of the lot, the
               encroachment will only occur in a small
               triangular shaped area.  Property is located at
               1924 W. Apricot Lane.

11)            REFERRED TO THE PLANNING DEPARTMENT:
               Change of Zone 10020 - Application of The
               Dairy House, LLC from I-1 Industrial District to
               B-4 Lincoln Center Business District on property
               located at S. 8th Street and M Street.
               Change of Zone 10021 - Application of Garry
               W. Bushboom, successor trustee of the Ruth M.
               Borchers Trust from AG Agricultural District to
               AGR Agricultural Residential District on
               property located at SW 56th Street and W. Van Dorn Street.

12)            Setting the Hearing Date of Monday, November 1,
               2010 at 3:00 p.m. for the Application of Barkel
               Enterprises Inc. dba Panic for the addition of a
               catering license to their Class C liquor license
               located at 200 S. 18th Street. (ADOPTED, 6-0;
               A-86046)

13)            Setting the Hearing Date of Monday, November 1,
               2010 at 3:00 p.m. for the Application of Mix It
               Up LLC dba Zen's Lounge for a Class C liquor
               license located at 122 N. 11th Street, Ste. 100B.
               ADOPTED, 6-0; A-86047)


14)  MISCELLANEOUS REFERRALS   -   NONE

                    - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

15)            Application of Vaneiser LLC dba Venue Restaurant
               & Lounge for a Class I liquor license at 4107
               Pioneer Woods Drive, #107. (ADOPTED FOR APPROVAL,
               6-0; A-86048)
     
16)            Manager application of Bruce K. Bauer for
               Vaneiser LLC dba Venue Restaurant & Lounge at
               4107 Pioneer Woods Drive, #107. (ADOPTED FOR APPROVAL,
               6-0; A-86049)

17)            Application of The Press Box, Inc. dba The Press
               Box for a Class I liquor license at 5601 South
               56th Street.(ADOPTED, FOR APPROVAL, 6-0;
               A-86050)

18)            Manager application of John L. Larsen for The
               Press Box, Inc. dba The Press Box at 5601 South
               56th Street.(ADOPTED, FOR APPROVAL, 6-0;
               A-86051)

19)            Application of BNW Corporation dba 19th Street
               Liquor for a Class D liquor license at 230 South
               19th Street.(ADOPTED FOR APPROVAL, 6-0;
               A-86052)

20)            Manager application of Fiseha Tesfazion for BNW
               Corporation dba 19th Street Liquor at 230 South
               19th Street. (ADOPTED FOR APPROVAL, 6-0;
               A-86053)


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

     NONE


PUBLIC HEARING - RESOLUTIONS

21)  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. 14th, 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.(10/4/10 - P.H.
               con't. w/Action to 10/11/10)(ADOPTED, 6-0; A-86054)
               Fact Sheet (100K)
               Attachment (33028K)

22)  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.(ADOPTED, 6-0; A-86055)
               Fact Sheet (14K)
               Attachment (20K)

23)  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. (ADOPTED, 6-0;
               A-86056)
               Fact Sheet (136K)
               Attachment (1734K)

24)  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. (ADOPTED, 6-0; A-86057)
               Fact Sheet (13K)
               Attachment (215K)

25)  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.(ADOPTED, 6-0;
               A-86058)
               Fact Sheet (13K)
               Attachment (1369K)

26)  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.
               (ADOPTED, 6-0; A-86059)
               Fact Sheet (106K)
               Attachment (102K)

                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 27 & 28 HAD 1ST READING)

27)  10-131    Approving a Lease Agreement between the Lincoln-
               Lancaster County Health Department and
               Enterprise Company, Inc. for the lease of office
               space at 2662 Cornhusker Highway for the Health
               Department's Women, Infants and Children (WIC)
               Program for a three year term.
               Fact Sheet (86K)
               Attachment (2636K)

28)  10-132    Approving a Lease Agreement between the Lincoln-
               Lancaster County Health Department and the
               Lincoln Medical Education Partnership for the
               lease of office space at 4600 Valley Road for
               the Health Department's Women, Infants and
               Children (WIC) Program for a four year term.
               Fact Sheet (86K)
               Attachment (582K)


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

29)  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.
                (PASSED, 6-0; #19460)
               Fact Sheet (499K)
               Attachment (296K)


PENDING LIST - DATE CERTAIN

30)  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)
               (10/4/10 - P.H. w/Action  con't 2 wks. to
               10/18/2010)
               Attachment (134K)

31)  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) (10/4/10 - P.H. w/Action  con't
               2 wks. to 10/18/2010)
               Attachment (131K)

32)  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) (10/4/10 -
               P.H. w/Action con't 2 wks. to 10/18/2010) 
               Attachment (107K)

33)  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) (10/4/10 -
               P.H. w/Action con't 2 wks. to 10/18/2010)
               Attachment (48K)

34)  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) (10/4/10 - Action delayed 3 wks
               w/P.H. to 10/25/10)

35)  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)
               (10/4/10 - Action delayed 3 wks w/P.H. to
               10/25/10)
               Fact Sheet (13K)

36)  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) (10/4/10 - Action
               delayed 3 wks w/P.H. to 10/25/10)
               Attachment (603K)


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)

45)  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 18, 2010, AT 3:00 P.M.
					(APPROVED, 5-0; COOK ABSENT)

46)  10R-262   Appointing Mike Ayars to the Auditorium Advisory
               Board for a term expiring October 31, 2016.
               Attachment (66K)

47)  10R-265   Reappointing Francis Moul to the Community
               Forestry Advisory Board for a term expiring
               March 17, 2013.

48)  10R-266   Appointing Janet Goodman-Banks to the Keno
               Advisory Board for a term expiring July 1, 2012.
               Attachment (126K)

49)  10R-270   Approving the appointment of Judy Halstead as
               Director of the Lincoln-Lancaster County Health
               Department effective October 23, 2010.

50)  10R-264   Approving an Agreement between the City and the
               State of Nebraska Department of Roads defining
               the City of Lincoln's responsibilities as a
               Local Bridge Owner in complying with the
               National Bridge Inspection Standards.
               Fact Sheet (13K)
               Attachment (196K)

51)  10R-268   Approving an Agreement between the City of
               Lincoln and Black Hills Energy to locate and
               maintain a gas regulating station and
               appurtenances on City property in
               Schroeder/Willard Park.
               Fact Sheet (100K)
               Attachment (773K)

52)  10R-269   Approving the renewal of agreements between
               Lancaster County and the City of Lincoln
               and AOI Corporation, Office Interiors &
               Design, Inc., Spaces, Inc., Sheppards
               Business Interiors, and All Makes Office
               Equipment Company for annual office seating
               requirements.
               Fact Sheet (105K)
               Attachment (1500K)


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	3:41 P.M.




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the Internet at:
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