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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, OCTOBER 25, 2010 AT 5:30 P.M.

                      ALL MEMBERS PRESENT EXCEPT CAMP
                                  
                              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-272   Appointing Annielyn Ocampo to the Multicultural
               Advisory Committee to fill an unexpired term
               expiring September 18, 2011.
               (ADOPTED, 6-0; A-86072)
               Attachment (78K)

 2)            Affidavit of Mailing for the Board of
               Equalization for Downtown Business Improvement
               District, Core Business Improvement District
               Overlay & Downtown Maintenance District to be
               held on Monday, November 8, 2010 at 3:00 p.m. 
               (PLACED ON FILE)

 3)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on October 11, 2010. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 4)            Setting the hearing date of Monday, November 8,
               2010 at 3:00 p.m. for the application of Blue
               Mango Holdings, LLC dba Cocos Night Club
               (requested name change from El Salvador Cafe)
               for an addition/reconstruction of premise to
               their existing Class C liquor license by
               changing the description to a one-story building
               approx. 50' by 140' including basement area
               located at 221 S. 9th Street.
               (ADOPTED, 6-0; A-86073)

 5)            REFERRALS TO THE PLANNING DEPARTMENT:
               Special Permit No. 10032 - Requested by
               Holm Contracting, Inc. for authority to expand a
               nonconforming use to enclose an existing
               breezeway that encroaches into the required side
               yard setback on property generally located at
               Woodsdale Boulevard and Van Dorn Street (2220
               Woodsdale Boulevard).

 6)            Informal petition to create a water district on
               property located on Northwest 19th Street
               between West Q Street and West R Street
               submitted by Michael Smith.
               (REFERRED TO PUBLIC WORKS DEPT. ON 10/20/10)


 7)  MISCELLANEOUS REFERRALS

               PLACED ON FILE IN THE CITY CLERKS OFFICE:
               Administrative Amendment No. 10057 to Special 
               Permit No. 1121, Malone Manor, approved by the 
               Planning Director on October 14, 2010 requested 
               by John Newcomer to add parking stalls and revise 
               the parking lot layout for Malone Manor on property 
               generally located at N. 22nd Street and Vine Street.

                        - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 8 
THRU 10 HAD 2ND READING)

 8)  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)
               (CON'T 2ND READING W/P.H. ON 11/15/10, 4-2; 
               CARROLL, COOK, EMERY, SNYDER ASSENTING; HORNUNG, 
               SPATZ DISSENTING)
               Fact Sheet (2087K)
               
 9)  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) (CON'T 2ND READING W/P.H. 
               ON 11/15/10, 4-2; CARROLL, COOK, EMERY, SNYDER 
               ASSENTING; HORNUNG, SPATZ DISSENTING)
               Fact Sheet (1580K)

10)  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)
               (CON'T 2ND READING W/P.H. ON 11/15/10, 4-2; 
               CARROLL, COOK, EMERY, SNYDER ASSENTING; HORNUNG, 
               SPATZ DISSENTING)
               Fact Sheet (805K)


PUBLIC HEARING - RESOLUTIONS

11)            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. (To have
               P.H. w/Action on 10/25/10) (ADOPTED FOR DENIAL, 
               6-0; A-86074)

12)  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.
               (ADOPTED, 6-0; A-86075)
               Fact Sheet (125K)
               Attachment (2671K)

13)  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.
               (ADOPTED, 6-0; A-86076)
               Fact Sheet (990K)


PUBLIC HEARING
ORDINANCES - 3RD READING & RELATED RESOLUTIONS required)

14)  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) (PASSED, 5-1; CARROLL, COOK, EMERY, 
               SNYDER, SPATZ ASSENTING; HORNUNG DISSENTING; 
               #19461)

15)  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) (ADOPTED, 5-1; CARROLL, COOK, EMERY, 
               SNYDER, SPATZ ASSENTING; HORNUNG DISSENTING; 
               A-86077)
               Fact Sheet (13K)

16)  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) (MTA #1 ADOPTED, 6-0; 
               ADOPTED AS AMENDED, 5-1; CARROLL, COOK, EMERY, 
               SNYDER, SPATZ ASSENTING; HORNUNG DISSENTING; 
               A-86078)
               Attachment (603K)
               First Amendment to Attachment
               Motion To Amend (9K)

                        - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 17 
THRU 22 HAD 1ST READING)

17)  10R-275   Comp. Plan Conformance 10006 - Adopting and
               approving the proposed Nebraska Innovation
               Campus Redevelopment Plan for an area adjacent
               to the University of Nebraska-Lincoln city
               campus including the former Nebraska State Fair
               Park, generally located from N. Antelope Valley
               Parkway to 27th Street, between Salt Creek and
               the Burlington Northern Santa Fe Railroad
               corridors. (Related Items: 10R-275, 10-135)
               (Action Date: 11/8/10)
               Fact Sheet (644K)
               Attachment (6933K)

18)  10-135    Change of Zone 10018 - Application of the
               University of Nebraska for a change of zone from
               P Public Use District to O-3 Planned Unit
               Development for development of Nebraska
               Innovation Campus including approximately two
               million square feet of mixed use commercial
               space, up to 250 dwelling units and up to 135
               hotel rooms, on property generally located at
               North Antelope Valley Parkway and Salt Creek
               Roadway. (Related Items: 10R-275, 10-135)
               (Action Date: 11/8/10)
               Fact Sheet (1580K)

19)  10-136    Vacation 10012 - Vacating that portion of the
               north-south alley abutting the south 9.78 feet
               of Lot 14, Maxwell's Addition, generally located
               at the northwest corner of South 16th Street and
               South Street.
               Fact Sheet (400K)

20)  10-137    Vacation 10013 - Vacating various rights-of-way
               in Antelope Valley generally bound by S Street
               on the north, Monroe Avenue on the south, N.
               19th Street on the west and N. 22nd Street on
               the east.
               Fact Sheet (1772K)

21)  10-138    Amending Title 10 of the Lincoln Municipal Code
               relating to Vehicles and Traffic by adding a new
               section numbered 10.02.365 to define Snow
               Removal District, and by creating a new Lincoln
               Municipal Code Chapter 10.41, Snow Removal
               District, by adding Section 10.41.010 to
               prohibit parking in any Snow Removal District
               whenever a snow emergency is declared; adding
               Sections 10.41.020, 10.41.030, 10.41.040,
               10.41.050, 10.41.060, 10.41.070, 10.41.080,
               10.41.090, and 10.41.100 to establish the
               Downtown, University Place, Havelock, Bethany,
               College View, 11th and G Street, 13th Street,
               17th and Washington, and 25th and Sumner Snow
               Removal Districts, respectively; adding Section
               10.41.110 to authorize the Mayor to order a
               parking prohibition on all streets designated as
               part of any Snow Removal District; and adding
               Section 10.41.120 to authorize the Director of
               Public Works and Utilities to provide for
               signage identifying said Snow Removal Districts. 
               Fact Sheet (12K)

22)  10-139    Amending Title 5 of the Lincoln Municipal Code
               relating to Licenses and Regulations by amending
               Section 5.36.120 relating to the appeal of a
               denial of an application for a Peddler's permit
               to provide that the Chief of Police and the
               Director of Public Works and Utilities may
               designate persons from their departments to fill
               such directors' positions on the Permit Review
               Board; amending Section 5.50.080 relating to the
               suspension or revocation of a taxicab driver
               license to provide that the Chief of Police and
               the Director of Public Works and Utilities may
               designate persons from their departments to fill
               such directors' positions on the Taxicab Review
               Board.
               Fact Sheet (101K)


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

23)  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. (PASSED, 6-0; #19462)
               Fact Sheet (86K)
               Attachment (2636K)

24)  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.
               (PASSED, 6-0; #19463)
               Fact Sheet (190K)
               Attachment (582K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

25)  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)

26)  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)

27)  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)

28)  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)

29)  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)

30)  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)

31)            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)

32)  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)

33)  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, NOVEMBER 1, 2010, AT 3:00 P.M.
                                                 (APPROVED, 6-0)

34)  10R-276   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of October 1 -
               15, 2010.
               Fact Sheet (14K)
               Attachment (21K)

35)  10R-277   Assigning Recovery Zone Economic Development
               Bond Allocation to the West Haymarket Joint
               Public Agency and approving the issuance of not
               to exceed $100,000,000 of the Agency's General
               Obligation Facility Bonds.


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   8:49 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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