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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, OCTOBER 18, 2010 AT 3:00 P.M.

                ALL MEMBERS PRESENT EXCEPT CAMP AND CARROLL
                                 
                              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-262   Appointing Mike Ayars to the Auditorium Advisory
               Board for a term expiring October 31, 2016.
               (ADOPTED, 5-0; A-86060)
               Attachment (66K)

 2)  10R-265   Reappointing Francis Moul to the Community
               Forestry Advisory Board for a term expiring
               March 17, 2013. (ADOPTED, 5-0; A-86061)

 3)  10R-266   Appointing Janet Goodman-Banks to the Keno
               Advisory Board for a term expiring July 1, 2012.
               (ADOPTED, 5-0; A-86062)
               Attachment (126K)

 4)  10R-270   Approving the appointment of Judy Halstead as
               Director of the Lincoln-Lancaster County Health
               Department effective October 23, 2010.
               (ADOPTED, 5-0; A-86063)

 5)            Setting the Hearing date of Monday, November 8,
               2010, at 3:00 p.m. for the Board of Equalization
               for Downtown Business Improvement District, Core
               Business Improvement District Overlay & Downtown
               Maintenance District. (APPROVED, 5-0)

 6)            Report of Settlement of Non Tort Claims.
               (PLACED ON FILE)
	       Attachment		

 7)            Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for the month of
               September, 2010. (PLACED ON FILE)

 8)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on October 4, 2010. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 9)            Appeal of Ramona Farrington relating to the
               delinquent interest assessed against the
               property described as 2800 S. 42nd Street by 
               authority of  Resolution No. A-84167 adopted 
               on December 18, 2006. (Sidewalk District No. 94)
               (DECLINED TO TAKE ACTION TO WAIVE INTEREST, 4-1; 
               COOK, EMERY, SNYDER, SPATZ, ASSENTING; 
               HORNUNG DISSENTING)

10)            Appeal of Stephenie M. Norris from the decision
               of the Lincoln Police Department on the denial
               of her application for a Sidewalk Vendor Permit
               according to LMC §14.55.050. (CON'T P.H. 
               W/ACTION ONE WK. TO 10/25/10, 5-0)

11)            Setting the hearing date of Monday, November 8,
               2010 at 3:00 p.m. for the Application of Yankee
               Hill, LLC dba Yankee Hill Country Club for a
               Class C liquor license located at 7600 San Mateo
               Lane. (ADOPTED, 5-0; A-86064)

12)            Setting the hearing date of Monday, November 8,
               2010 at 3:00 p.m. for the Application of Kelley
               and Tyrrell, Inc. dba McCourt's Ale House for a
               Class C liquor license located at 118 S. 9th
               Street. (ADOPTED, 5-0; A-86065)

13)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 10058 to Use
               Permit No. 129A, Vavrina Meadows 1st Addition,
               approved by the Planning Director on October 8,
               2010 requested by ESP, Inc. to delay the
               installation of required landscaping between Lot
               7 and Lot 8, Block 32, until the time of
               building permits on either Lot 7 or Lot 8 has
               been approved. If the landscaping is not
               installed at the time of building permit, a bond
               will be required to ensure this improvement. The
               amount of the bond will be determined by Parks
               and Recreation Department. Property is generally
               located at S. 14th Street and Yankee Hill Road.


14)  MISCELLANEOUS REFERRALS - NONE

                      - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 15 
& 16 HAD 2ND READING)

15)  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)

16)  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)


PUBLIC HEARING - RESOLUTIONS

17)  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.
               (ADOPTED, 5-0; A-86066)
               Fact Sheet (13K)
               Attachment (196K)

18)  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. 
               (ADOPTED, 5-0; A-86067)
               Fact Sheet (100K)
               Attachment (773K)

19)  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. (WITHDRAWN, 5-0; #38-4605)
               Fact Sheet (105K)
               Attachment (1500K)

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)
               (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) (MTA #1 ADOPTED TO ACCEPT THE 
               SUBSTITUTE MASTER DEVELOPMENT AGREEMENT, 5-0; 
               ADOPTED AS AMENDED, 5-0; A-86068)
               Attachment (181K)
               Exhibit List
			   

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) 
               (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) (MTA #1 ADOPTED TO ACCEPT THE EXCHANGE 
               AGREEMENT, 5-0; MTA #2 ADOPTED TO ACCEPT A SUBSTITUTE 
               TO THE EXCHANGE AGREEMENT, 5-0; ADOPTED AS AMENDED, 5-0; 
               A-86069)
               Attachment (158K)
               Exhibit List

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) (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)
               (MTA #1 ADOPTED, 5-0; ADOPTED AS AMENDED, 5-0; 
               A-86070)
               Attachment (1424K)

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) (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)
               (ADOPTED, 5-0; A-86071)
               Attachment (48K)

                        - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 24 
THRU 26 HAD 1ST READING)

24)  10-133    Change of Zone 10019 - Application of Assurity
               Life Insurance Co. for a change of zone from O-3
               Office Park District to B-2 Planned Neighborhood
               Business District, on property generally located
               at the northwest corner of South 27th Street and
               Old Cheney Road. (Related Items 10-133, 10R-271,
               10-134) (Action Date: 11/1/10)
               Fact Sheet (2087K)

25)  10R-271   Use Permit No. 15D - Amending the Use Permit for
               Southwood Center to change approximately 33,020
               sq. ft. of office uses to retail uses, with a
               request to reduce the front yard setback on
               South 27th Street and Old Cheney Road, on
               property generally located at the northwest
               corner of South 27th Street and Old Cheney Road.
               (Related Items 10-133, 10R-271, 10-134)
               (Action Date: 11/1/10)
               Fact Sheet (1580K)

26)  10-134    Vacation 10015 - Vacating the right-of-way stub
               on the north side of Old Cheney Road located
               approximately 480 feet west of the centerline of
               South 27th Street. (Related Items 10-133,
               10R-271, 10-134) (Action Date: 11/1/10)
               Fact Sheet (805K)


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

     NONE


PENDING LIST - DATE CERTAIN

27)  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)

28)  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)

29)  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)

30)  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)

31)  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)

32)  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)

33)  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)

34)  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)

35)  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)

36)            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)

37)  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)

38)  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 25, 2010, AT 5:30 P.M.
                                                 (APPROVED, 5-0)

39)  10R-272   Appointing Annielyn Ocampo to the Multicultural
               Advisory Committee to fill an unexpired term
               expiring September 18, 2011.
               Attachment (78K)

40)  10R-274   Approving the Contract Agreement between the
               City and X-Tra Kleen, Inc. for the annual
               cleaning services for Lincoln libraries,
               pursuant to Bid No. 10-154 for a four-year term.
               Fact Sheet (125K)
               Attachment (2671K)

41)  10R-273   Vacation 10014 - Vacating that portion of 
               W. Waggoner Drive which abuts Lot 1, 2, and 3,
               Block 1, Waggoner Subdivision, generally located
               1/4 mile south of West O Street on the east side
               of S.W. 98th Street.
               Fact Sheet (990K)


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   3:56 P.M.


                                    ***
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         which is broadcast live at 3:00 p.m. every Monday and
             at 5:30 p.m. on the last Monday of each month
             will be rebroadcast on Saturdays at 1:00 p.m.,
             immediately following the Pre-Council Meeting
                     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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