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Formal Agenda


        ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                 MONDAY, FEBRUARY 9, 2009 AT 1:30 P.M.

             THERE WILL BE NO COUNCIL MEETING THE WEEK OF
            FEBRUARY 16TH IN OBSERVANCE OF PRESIDENTS'DAY

   ALL MEMBERS PRESENT EXCEPT JONATHAN COOK WHO ARRIVED AT 2:18 P.M

Anyone wishing to address an item on the Consent Agenda 
may do so at this time


                    - PUBLIC HEARING -

                    - CONSENT AGENDA -


REPORTS OF CITY OFFICERS

 1)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by Council on
               January 26, 2009. (PLACED ON FILE)

 2)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               Idle Funds during the month ended December 31,
               2008. (ADOPTED, 7-0; A-85217)

 3)            Report from City Treasurer of Telecommunication
               Occupation Tax for the month of October 2008:
               Nebraska Technology & Telecomm.; October -
               December 2008: AmeriVision, iNetworks Group,
               Digizie.com, The Sienna Group, Enhanced, NECC,
               Association Administrators, T- Mobile Central,
               OPEX, Windstream, Comtech 21; November 2008:
               Qwest, Granite, TWC Digital Phone, New Cingular
               Wireless, USCOC of Greater Iowa, AT&T Comm. of
               Midwest, Cricket, Windstream Nebraska,
               Windstream Systems of the Midwest, Nebraska
               Technology & Telecomm., AT&T Comm. of Midwest,
               Granite, Level 3, UCN, CIMCO, KDDI America,
               Verizon Select Services, McLeodUSA, Qwest, Trans
               National Comm. Int'l, Broadband Dynamics,
               Cincinnati Bell, OnStar, Broadwing, Global
               Crossing, Working Assets, USCOC of NE/KS,
               Primus, TCG Omaha, Virgin Mobile USA, Verizon
               Long Distance, Granite, Telecorp, ACN, VoiceCom,
               ATI, TracFone Wireless, New Edge Networks, XO
               Comm., EarthLink, Globalstar USA, Intellicall
               Operator Services, Business Prod. Solutions,
               Quantum Shift, IBM Global, TON Services;
               December 2008: Access2Go, AT&T Comm. of Midwest,
               TWC Digital Phone, Nextel West, Budget Prepay,
               Unite Private Networks, ATS Mobile, 360networks,
               Globalcom, First Comm., SBC Long Distance,
               Covista, Wholesale Carrier, NOS, Business
               Telecom, Enhanced Comm. Network, Zone, 800
               Response Information, BT Americas, Tri-M, GTC,
               Lightyear Network, Talk America, Nextel, MCI,
               Sprint, Sprint Spectrum, D&D, Alltel, Alltel
               Comm.of NE, Budget Prepay, Comtel Telcom Assets,
               AT&T Comm. of Midwest, ACN, 8x8, Level 3, Qwest. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 4)            Setting the Hearing Date of Monday, February 23,
               2009 at 5:30 p.m. for Application of Wiyual
               Ruach dba Johnny Disco for a Class I liquor
               license located at 5800 Cornhusker Hwy.
               (ADOPTED, 7-0; A-85218)

 5)            Setting the Hearing Date of Monday, February 23,
               2009 at 5:30 p.m. for Application of El Planatar
               Inc. dba La Tapatilla for a Class C liquor
               license located at 1037 L Street.  (ADOPTED, 7-0;
               A-85219)

 6)            Setting the Hearing Date of Monday, February 23,
               2009 at 5:30 p.m. for Application of GJJRB LLC
               dba The Spigot Lounge for a Class C liquor
               license located at 1624 O Street.(ADOPTED, 7-0;
               A-85220)


 7)  MISCELLANEOUS REFERRALS

                  - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

 8)            Application of red9, LLC dba red9 for a Class C
               liquor and Class K catering license at 322 South
               9th Street. (ADOPTED FOR APPROVAL, 7-0; A-85221)

 9)            Manager application of Troy D. Peterson for
               red9, LLC dba red9 at 322 South 9th Street.
               (ADOPTED FOR APPROVAL, 7-0; A-85222)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 10 THRU 14 HAD 2ND READING)

10)  09-11     Approving a four year/5,000 hour lease
               agreement with a buy out option between the
               City and 1st Source Bank for the lease of
               one four-wheel street sweeper for sweeping
               of residential and arterial streets.
		   Fact Sheet (12K)
               Attachment (489K)

11)  09R-17    Comp. Plan Conformity 08028 - Approving and
               adopting proposed amendments to the Antelope
               Valley Redevelopment Plan to add the "Antelope
               Village Project" for redevelopment of the block
               between 23rd and 24th Streets, P and Q Streets,
               for an office/condominium building to include
               office space, a community room, workout
               facilities, 8 to 10 condo units on the second
               and third floors and 18 townhouses for home
               ownership. (Related Items: 09R-17, 09-12)
               (Action Date: 2/23/09)
               Fact Sheet (228K)
               Attachment (598K)
               Memo (96K)

12)  09-12     Change of Zone 08066 - Application of the
               Planning Director for a Planned Unit
               Development District designation for the
               Antelope Village PUD and modifications to
               the standards of the underlying zoning
               district, subdivision ordinance and design
               standards, for dwellings on the first floor
               in the B-3 district, reduction of front and
               rear setbacks, increase in height limit for
               the R-6 district, reduction of lot area for
               two-family, townhouses and multiple
               dwellings, reduction of parking
               requirements in the R-6 district, porches
               in the required front yard, prohibit off
               premises signs, prohibit pole signs and
               allow increased area for ground signs, over
               a four-block area from N. 22nd Street to N.
               24th Street and from P Street to R Street.
               (Related Items: 09R-17, 09-12)
               Fact Sheet (289K)
               Attachment (155K)
               Motion To Amend 1 (6K)

13)  09R-19    Comp. Plan Conformity 08026 - Approving and
               adopting a proposed amendment to the North 27th
               Street Corridor and Environs Redevelopment Plan
               to add the "Little Saigon Commercial Development
               Project" for an approximately 8,400 sq. ft.
               commercial/retail building, on property
               generally located at North 26th Street and W
               Street. (Related Items: 09R-19, 09-13)
               (Action Date: 2/23/09)
               Fact Sheet (352K)
               Attachment (961K)
               Memo (70K)

14)  09-13     Change of Zone 08067 - Application of the
               Urban Development Department for a change
               of zone from I-1 Industrial District and R-
               6 Residential District to B-3 Commercial
               District on property owned by T. Nguyen
               Hung, generally located between N. 26th
               Street and N. 27th St., north of W Street.
               (Related Items: 09R-19, 09-13)
               Fact Sheet (202K)


PUBLIC HEARING - RESOLUTIONS

15)  09R-18    Comp. Plan Conformity 08027 - Approving and
               adopting a proposed amendment to the North 27th
               Street Corridor and Environs Redevelopment Plan
               to add the "Matt Talbot Kitchen and Outreach
               Project" to renovate the existing Carnegie
               Library and construct an additional
               approximately 9,000 square foot building and
               related parking generally located at 2121 N.
               27th Street. (ADOPTED, 7-0; A-85223)
               Fact Sheet (469K)
               Attachment (555K)
               Memo (79K)

                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 16 THRU 27 HAD 1ST READING)

16)  09-14     Change of Zone 08070 - Application of the
               Historic Preservation Commission on behalf
               of Church of the Nazarene to designate the
               Standard Oil Company Barn and Garage at
               1219 North 14th Street as a historic
               landmark and to change the zoning from I-1
               Industrial to B-3 Commercial District.
               Fact Sheet (605K)

17)  09-15     Annexation No. 08009 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 105.4 acres of property
               generally located at North 84th Street and
               Cornhusker Highway.
               Fact Sheet (213K)
               Attachment (580K)

18)  09-16     Annexation No. 08010 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 443 acres of property
               generally located from South 66th Street to
               South 84th Street, from Pine Lake Road to
               the railroad tracks north of Yankee Hill
               Road.
               Fact Sheet (401K)
               Attachment (1021K)

19)  09-17     Annexation No. 08012 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 22.2 acres of property
               generally located southwest of the
               intersection of South 27th Street and
               Rokeby Road and northeast of the
               intersection of South 27th Street and
               Rokeby Road.
               Fact Sheet (234K)
               Attachment (399K)

20)  09-18     Annexation No. 08014 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 145.2 acres of property
               generally located at South 1st Street and
               Van Dorn Street and South 6th Street and
               Pioneers Boulevard.
               Fact Sheet (295K)
               Attachment (815K)

21)  09-19     Annexation No. 08015 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 117 acres of property
               generally located near South Folsom Street
               from West Prospector Place to West Pioneers
               Boulevard.
               Fact Sheet (218K)
               Attachment (438K)

22)  09-20     Annexation No. 08016 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 243.1 acres of property
               generally located at N.W. 48th Street and
               Interstate 80.
               Fact Sheet (220K)
               Attachment (296K)

23)  09-21     Annexation No. 08017 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 32.2 acres of property
               generally located at N.W. 40th Street and
               West Adams Street.
               Fact Sheet (218K)
               Attachment (379K)

24)  09-22     Annexation No. 08018 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 6.8 acres of property
               generally located at N.W. 12th Street and
               U.S. Highway 34.
               Fact Sheet (241K)
               Attachment (526K)

25)  09-23     Annexation No. 08021 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 133.8 acres of property
               generally located at North 44th Street and
               Superior Street.
               Fact Sheet (241K)
               Attachment (760K)

26)  09-24     Approving the lease agreement between the
               City and Slick Graphix for the lease of
               office space by the Lincoln Area Agency on
               Aging for its Lincoln Information for the
               Elderly (LIFE) Program at 370 Fifth Street,
               David City, NE 68632 for a term of March 1,
               2009 through February 28, 2010.
               Fact Sheet (80K)
               Attachment (92K)

27)  09-25     Vacation 08012 - Application of Hung T.
               Nguyen and Thuy Le Nguyen to vacate that
               portion of the east-west alley in Block 8,
               Tresters Addition, from the east line of
               North 26th Street to the west line of the
               vacated north-south alley (extended) in
               said Block 8, Tresters Addition, generally
               located between N. 26th Street and N. 27th
               Street, north of W Street. 
               Fact Sheet (181K)


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

28)  09-7      Change of Zone No. 08064 - Amending Section
               27.11.080 of the Lincoln Municipal Code
               relating to height and area regulations in
               the R-1 Residential District to reduce
               required side yards of single-family
               dwelling lots in existence on November 2,
               1953 to a width of not less than ten
               percent of the width of the lot, but not
               less than five feet; and repealing Section
               27.11.080 of the Lincoln Municipal Code as
               hitherto existing. (PASSED, 7-0; #19200)
               Fact Sheet (14K)

29)  09-8      Change of Zone No. 08069 - Application of
               the Planning Director to reduce the
               Building Line District from 125 feet to 105
               feet adjacent to the residential component
               of Apple's Way Planned Unit Development
               generally located at South 66th Street and
               Highway 2. (Related Items:  09-8, 09-9)
               (PASSED, 7-0; #19201)
               Fact Sheet (257K)

30)  09-9      Change of Zone No. 05026B - Application of
               Apple's Way, LLC, for expansion of Apple's
               Way PUD to include Outlot E, Artisan
               Meadows Addition, and to adjust setbacks
               for a subdivision identification sign on
               property generally located at South 66th
               Street and Highway 2. (Related Items 09-8, 
               09-9)(PASSED, 7-0; #19202)
               Fact Sheet (554K)

31)  09-10     Adopting the supplements to the Lincoln
               Municipal Code dated June, 2008 and
               December, 2008 as part of the official
               Lincoln Municipal Code. (PASSED, 7-0; #19203)
               Fact Sheet (17K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST	(EXTENDED ONE WEEK)

32)  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)

33)  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)
               Fact Sheet (13K)

34)  07-58     Change of Zone 07010 - Application of Steve
               M. Champoux for a change of zone from AG
               Agricultural District to AGR Agricultural
               Residential District on property generally
               located at 134th and A Streets. (Request of
               applicant to continue P.H. to 5/7/07)
               (4/16/07 - 2nd Reading & P.H. Con't. to
               5/7/07 w/ Action 5/14/07) (Request to Delay
               Action w/con't. P.H. to 7/23/07) (5/14/07 -
               Action Delayed w/con't. P.H. to 7/23/07)
               (Request to Place on Pending - No Date
               Certain) (7/23/07 - Placed on Pending,
               No Date Certain)
               Fact Sheet (1439K)

35)  08-63     Annexation No. 08003 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 63.13 acres of property
               generally located at N. 35th Street and
               Superior Street. (Related Items: 08-63,
               08-64) (6/9/08 - Placed on Pending, No Date
               Certain)
               Fact Sheet (232K)

36)  08-64     Change of Zone 08019 - Application of
               Robert and Victoria Rokeby for a change of
               zone from R-3 Residential District to H-3
               Highway Commercial District on property
               generally located at N. 35th Street and
               Superior Street. (Related Items: 08-63,
               08-64) (6/9/08 - Placed on Pending, No Date
               Certain)
               Fact Sheet (291K)

37)  08-157    Amending Section 5.38.050 of the Lincoln
               Municipal Code to increase permit fees for
               motels, hotels, rooming, lodging, and apartment
               houses; and repealing Section 5.38.050 of the
               Lincoln Municipal Code as hitherto existing.
               (11/3/08 - 1st Reading suspended, to
               have Introduction 12/1/08 with P.H. 12/8/08)
               (12/1/08 - Placed on Pending
               Indefinitely)
               Fact Sheet (131K)

38)  08-111   Authorizing the City's negotiation team to
               present the Labor Contract to IAFF Local 644 for
               the period of August 21, 2008 through August 31,
               2009 as the City's last best offer on the terms
               as outlined in the proposed contract as
               Option 1. (12/8/08 - P.H. & Action con't to
               12/15/08) (12/15/08 - Placed on Indefinite
               Pending)
               Fact Sheet (1795K)

39)  08R-312   Authorizing the City's negotiation team to
               present the Labor Contract to IAFF Local 644 for
               the period of August 21, 2008 through August 31,
               2009 as the City's last best offer on the terms
               as outlined in the proposed contract as
               Option 2. (12/8/08 - P.H. & Action con't to
               12/15/08) (12/15/08 - Placed on Indefinite
               Pending)
               Fact Sheet (139K)
               Attachment (139K)


WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, FEBRUARY 23, 2009 AT 5:30 P.M.:
						(APPROVED, 7-0)
				
40)  09R-25    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of January 16 -
               31, 2009.
               Fact Sheet (14K)
               Attachment (22K)

41)  09R-20    Misc. No. 08015 - Declaring the South Capitol
               Redevelopment Area as blighted and substandard
               consisting of approximately 287 acres generally
               bounded by 8th Street to 18th Street, between
               Euclid Avenue and G Street.
               Fact Sheet (484K)
               Attachment (616K)

42)  09R-21    Special Permit No. 310D - Application of The
               Ambassador Lincoln to adjust the allowed height
               and side setback requirements to allow for the
               renovation and expansion of the existing health
               care facility, on property generally located
               south of the intersection of South Cotner
               Boulevard and Normal Boulevard.
               Fact Sheet (436K)

43)  09R-22    Approving and ratifying the labor contract
               between the City of Lincoln and the Lincoln
               Firefighters Association effective August 21,
               2008.
               Fact Sheet (136K)
               Attachment (146K)

44)  09R-23    Approving a transfer of appropriations in the
               amount of $427,458 within the 2008-2009
               operating budget from General Expense/Shared
               Services - Corrections to various accounts in
               the Lincoln Fire and Rescue, Building and Safety
               Departments and the Social Security budgets to
               cover additional amounts needed for the 2008-
               2009 contract with the International Association
               of Firefighters.
               Fact Sheet (50K)

45)  09R-24    Approving a Conservation Easement Agreement
               between David C. Lange and the City of Lincoln
               regarding David C. Lange's conveyance of a
               permanent conservation easement to the City of
               Lincoln to preserve the flood storage capacity
               on Lot 3, Block 5, Mechanic's Addition,
               generally located at S.W. 1st Street and West E
               Street.
               Attachment (130K)


Please note:  During the Open Microphone & Registered
Section of the agenda, individuals are allowed a total of 5
minutes to speak whether registered or not regardless of
number of topics. The Open Microphone and Registered Section
is available on the 2nd & Last Monday of each month.


ANY PERSON DESIRING TO HAVE THEIR NAME & SUBJECT MATTER
     LISTED ON THE FORMAL AGENDA PERTAINING TO MATTERS NOT 
     ON THE CURRENT AGENDA, OR NOT SCHEDULED TO APPEAR ON 
     A FUTURE AGENDA, SHOULD NOTIFY THE CITY CLERK IN WRITING 
     BY 10:00 A.M. ON THE WEDNESDAY (2/18/09) PRIOR TO 
     THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN 
     MICROPHONE SESSION WHICH IS 2/23/09.


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 FEBRUARY ARE THE 9TH AND 23RD.



ADJOURNMENT	4:30 P.M.



                               ***
                    The City Council Meeting 
      which is broadcast live at 1:30 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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