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Formal Agenda


            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                  MONDAY, FEBRUARY 23, 2009 AT 5:30 P.M.

                           ALL MEMBERS PRESENT


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 the City
               Council on February 2, 2009. (PLACED ON FILE)

 2)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on February 9, 2009. (PLACED ON FILE)

 3)            Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for the month of January,
               2009. (PLACED ON FILE)

 4)            Report from City Treasurer of City Cash on hand
               at the close of business December 31, 2008.
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 5)            Setting the hearing date of Monday, March 9,
               2009 at 1:30 p.m. for the Application of Jade
               Rivers Restaurant, Inc. dba Jade Rivers for a
               Class C liquor license located at 3940 Village
               Drive.  (ADOPTED, 7-0; A-85224)


 6)  MISCELLANEOUS REFERRALS - NONE


                          - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

 7)            Application of Wiyual Ruach dba Johnny Disco for
               a Class I liquor license at 5800 Cornhusker
               Highway.  (ADOPTED FOR DENIAL, 7-0; A-85225)

 8)            Application of GJJRB LLC dba The Spigot Lounge
               for a Class C liquor license at 1624 O Street.
               (ADOPTED FOR APPROVAL, 5-2; CAMP, EMERY, MARVIN, 
               SPATZ, SVOBODA ASSENTING; COOK, ESCHLIMAN DISSENTING; 
               A-85226)

 9)            Manager application of Randy A. Wilson, Jr. for
               GJJRB LLC dba The Spigot Lounge at 1624 O
               Street.  (ADOPTED FOR APPROVAL, 6-1; CAMP, EMERY, 
               ESCHLIMAN, MARVIN, SPATZ, SVOBODA ASSENTING; 
               COOK DISSENTING; A-85227)

10)            Application of El Platanar, Inc. dba La
               Tapatilla for a Class C liquor license at 1037 L
               Street.  (ADOPTED FOR APPROVAL, 7-0; A-85228)

11)            Manager application of Guillermo Haro for El
               Platanar, Inc. dba La Tapatilla at 1037 L
               Street.  (ADOPTED FOR APPROVAL, 7-0; A-85229)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 12 
THRU 23 HAD 2ND READING)

12)  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)

13)  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)

14)  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)

15)  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)

16)  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)

17)  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)

18)  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)

19)  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)

20)  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)

21)  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)

22)  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)

23)  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)


PUBLIC HEARING - RESOLUTIONS

24)  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.  (MTA #1 ADOPTED, 7-0; ADOPTED AS 
               AMENDED, 7-0; A-85230)
               Fact Sheet (14K)
               Attachment (22K)
               Motion To Amend 1 (3K)

25)  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.  (ADOPTED, 7-0; 
               A-85231)
               Fact Sheet (484K)
               Attachment (616K)

26)  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.
               (ADOPTED, 7-0; A-85232)
               Fact Sheet (436K)

27)  09R-22    Approving and ratifying the labor contract
               between the City of Lincoln and the Lincoln
               Firefighters Association effective August 21,
               2008.  (ADOPTED, 5-2; COOK, EMERY, ESCHLIMAN, 
               MARVIN, SVOBODA ASSENTING; CAMP, SPATZ 
               DISSENTING; A-85233)
               Fact Sheet (136K)
               Attachment (146K)

28)  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.  (ADOPTED, 6-1; COOK, EMERY, 
               ESCHLIMAN, MARVIN, SPATZ, SVOBODA ASSENTING; 
               CAMP DISSENTING; A-85234)
               Fact Sheet (50K)

29)  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.  (ADOPTED, 7-0; A-85235)
               Attachment (130K)

                          - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 30 
THRU 40 HAD 1ST READING)

30)  09-26     Amending Chapter 23.10 of the Lincoln
               Municipal Code, the Lincoln Electrical
               Code, by amending Section 23.10.010 to
               adopt the 2008 Edition of the National
               Electrical Code; amending Section 23.10.140
               relating to electrical permits to allow for
               routine maintenance without a permit;
               amending Section 23.10.160 relating to
               installation by homeowner for branch
               circuit and feeder wiring; amending Section
               23.10.190 relating to requests for
               inspections by homeowners; amending
               Section 23.10.290 relating to wiring
               methods requiring separate conductors
               for grounding, PVC coating for metallic
               raceways, and installation of alternate energy
               sources; amending Section 23.10.300 relating to
               service disconnections and metering
               requirements; and repealing in their entirety,
               Sections 23.10.310, 23.10.312, 23.10.320,
               23.10.323, 23.10.324, 23.10.327, 23.10.329,
               23.10.330, 23.10.331, 23.10.332, 23.10.333,
               23.10.335, 23.10.337, 23.10.340, 23.10.345,
               23.10.347, 23.10.350, 23.10.351, 23.10,353,
               23.10.355, 23.10.380, 23.10.385, 23.10.390,
               23.10.393, 23.10.395, 23.10.400, 23.10.402,
               23.10.410, 23.10.417, 23.10.420, 23.10.425,
               23.10.430, 23.10.440, 23.10.457, 23.10.458,
               23.10.459, 23.10.460, 23.10.470, 23.10.475,
               23.10.480, 23.10.490, 23.10.495, 23.10.500 to
               delete specific sections of the 2002 National
               Electrical Code previously amended or deleted in
               the Lincoln Electrical Code; amending Section
               23.10.510 relating to code coordination with the
               international Codes; and repealing Section
               23.10.010, 23.10.140, 23.10.160, 23.10.190,
               23.10.290, 23.10.300, and 23.10.510 of the
               Lincoln Municipal Code as hitherto existing.
               Fact Sheet (54K)

31)  09-27     Vacation 08011 - Vacating southbound
               Tallgrass Parkway from the north right-of-
               way line of Aster Road north to the end of
               the right-of-way and Penrose Drive from the
               west right-of-way line of northbound
               Tallgrass Parkway west to the end of the
               right-of-way, retaining title thereto, and
               authorizing the exchange thereof to NEBCO
               for new right-of-way being dedicated for
               the new alignment of Tallgrass Parkway and
               Penrose Drive.
               Fact Sheet (257K)

32)  09-28     Vacation 05007 - Vacating a portion of
               Stockwell Street west of South 52nd Street
               within the Union College Campus, retaining
               title thereto, and authorizing the sale
               thereof to Union College.
               Fact Sheet (268K)

33)  09-29     Street Name Change 09001 - Renaming West
               Stanton Street west of N.W. 48th Street as
               Mike Scholl Street.
               Fact Sheet (340K)
               Attachment (705K)

34)  09-30     Change of Zone 08073 - Application of South
               Ridge Village, LLC, for a change of zone
               from R-3 Residential District to O-3 Office
               Park District on property generally located
               at South 29th Street and Porter Ridge Road.
               (Related Items: 09-30, 09R-28, 09R-29)
               Fact Sheet (276K)

35)  09R-28    Special Permit 08052 - Application of South
               Ridge Village, LLC, to develop an early
               childhood care facility for 130 children with a
               request to waive the requirement to be located
               on an arterial street, generally located at
               South 29th Street and Porter Ridge Road.
               (Related Items: 09-30, 09R-28, 09R-29)
               (Action Date: 3/9/09)
               Fact Sheet (3095K)

36)  09R-29    Use Permit 100B - Application of South Ridge
               Village, LLC, to expand the South Ridge Village
               Use Permit on property generally located at
               South 29th Street and Porter Ridge Road.
               (Related Items: 09-30, 09R-28, 09R-29)
               (Action Date: 3/9/09)
               Fact Sheet (449K)

37)  09-31     Amending Sections 7.04.050 and 7.04.200 of
               the Lincoln Municipal Code to remove Stand-
               by Ambulance Service from the definition of
               Emergency Ambulance Service and limit the
               definition of Stand-by Ambulance Service;
               and repealing Sections 7.04.050 and
               7.04.200 as hitherto existing.
               Fact Sheet (13K)

38)  09R-32    Approving the Lincoln Flats/Bank of the West
               Redevelopment Agreement between Concorde
               Management and Development, Inc. and the city
               relating to the redevelopment of property
               generally located between 13th and 14th Streets,
               on the north side of O Street.(Related Items:
               09R-32, 09-32, 09R-33) (Action Date: 3/9/09)
               Attachment (608K)

39)  09-32     Authorizing the issuance of Series A and
               Series B tax allocation bonds with a total
               not to exceed $614,000.00 for the City of
               Lincoln, Lincoln Flats/Bank of the West
               Redevelopment Project. (Related Items:
               09R-32, 09-32, 09R-33)

40)  09R-33    Approving Amendment No. 1 to the University
               Square Redevelopment Agreement between Concorde
               Management and Development, Inc., Foundation for
               Education Services, Inc., University Towers
               Condominium Association, and the City relating
               to the private sector parking arrangement at the
               University Square Parking Garage at 14th and O
               Streets. (Related Items: 09R-32, 09-32,
               09R-33) (Action Date: 3/9/09)
               Attachment (18K)


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

41)  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.
               (MTA #1 ADOPTED, 6-1; CAMP, COOK, EMERY, ESCHLIMAN, 
               MARVIN, SPATZ ASSENTING; SVOBODA DISSENTING; PASSED 
               AS AMENDED, 6-1; CAMP, COOK, EMERY, ESCHLIMAN, MARVIN, 
               SPATZ ASSENTING; SVOBODA DISSENTING; #19204)
	       Fact Sheet (12K)
               Attachment (489K)

42)  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) (ADOPTED, 6-0; SPATZ 
               ABSTAINING; A-85236)
               Fact Sheet (228K)
               Attachment (598K)
               Memo (96K)

43)  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)
               (MTA #1 ADOPTED, 6-0; SPATZ ABSTAINING; 
               PASSED AS AMENDED, 6-0; SPATZ ABSTAINING; 
               #19205)
               Fact Sheet (289K)
               Attachment (155K)
               Motion To Amend 1 (6K)

44)  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) 
               (ADOPTED, 7-0; A-85237)
               Fact Sheet (352K)
               Attachment (961K)
               Memo (70K)

45)  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)
               (PASSED, 7-0; #19206)
               Fact Sheet (202K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (SEE ITEMS 52 & 53, ALL OTHER ITEMS EXTENDED ONE WEEK)

46)  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)

47)  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)

48)  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)

49)  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)

50)  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)

51)  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)

52)  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) (WITHDRAWN, 7-0; #38-4587)
               Fact Sheet (1795K)

53)  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) (WITHDRAWN, 7-0; #38-4588)
               Fact Sheet (139K)
               Attachment (139K)



   WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
    PUBLIC HEARING ON MONDAY, MARCH 2, 2009 AT 1:30 P.M.:
                                               (APPROVED, 7-0)

54)  09R-30    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of February 1 -
               15, 2009.
               Fact Sheet (14K)
               Attachment (21K)

55)  09R-31    Declaring the official intent of the City to
               reimburse certain expenses in connection with
               the acquisition, purchase and installation of
               light poles from the proceeds of City of
               Lincoln, Nebraska Certificates of Participation.

56)  09R-26    Accepting and approving a contract between the
               City and Premier Catering to provide catering
               services for the Lincoln-Lancaster County Health
               Department's Annual Meeting and Awards Ceremony
               on April 17, 2009.
               Fact Sheet (41K)
               Attachment (122K)

57)  09R-27    Approving the acquisition of approximately 7.52
               acres of property generally located south of the
               intersection of Sutherland Street and Yankee
               Hill Road by the Parks and Recreation Department
               for public use.
               Fact Sheet (378K)


     At the 2/9/09 City Council Organizational Meeting, the
     Register to Speak Session was repealed by a consensus of
     members present.


Please note:  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 FEBRUARY ARE THE 9TH AND 23RD.


ADJOURNMENT    9:32 P.M.


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