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Formal Agenda


        ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
               MONDAY, MARCH  2, 2009 AT 1:30 P.M.


  MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF JANUARY, 2009 -
 SGT. GREGORY SORENSEN OF THE CRIMINAL INVESTIGATIONS DIVISION
 FOR THE LINCOLN POLICE DEPT. IN THE CATEGORY OF PRODUCTIVITY.


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


                    ALL MEMBERS PRESENT


                    - PUBLIC HEARING -

                    - CONSENT AGENDA -


REPORTS OF CITY OFFICERS

 1)            Approving the City of Lincoln's Investment
               Activity report from the City Treasurer for the
               fourth quarter, fiscal year 2007-08. (ADOPTED, 7-0;
               A-85238)


PETITIONS & COMMUNICATIONS

 2)            Setting the Hearing Date of Monday, March
               16, 2009 at 1:30 p.m. for Application of
               Nguyen's Corp. dba Ambiance Nail Spa for a
               Class C liquor license located at 2755
               Jamie Lane #3. (ADOPTED, 7-0; A-85239)

 3)            Setting the Hearing Date of Monday, March 16,
               2009 at 1:30 p.m. for Application of Dau &
               Nguyen Properties, Inc. dba South Fast Break for
               a Class B liquor license located at 1648 South
               Street.(ADOPTED, 7-0; A-85240)

 4)            Setting the Hearing Date of Monday, March 16,
               2009 at 1:30 p.m for Application of Robert Stark
               dba The Ville Grille for a Class C liquor
               license located at 2701 N. 48th Street, Ste. 4.
	       (ADOPTED, 7-0; A-85241)

 5)            Informal Petition for the creation of five
               special assessment districts for installation of
               water lines and one special assessment district
               for installation of sanitary sewer lines east of
               North 56th Street, from Salt Creek to I-80 submitted
               by Mark Hunzeker. (REFERRED TO PUBLIC WORKS)


 6)  MISCELLANEOUS REFERRALS


                  - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 7 THRU 17 HAD 2ND READING)

 7)  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)
               Motion To Amend 1 (16K)

 8)  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)

 9)  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)

10)  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)

11)  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)

12)  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)

13)  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)

14)  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)

15)  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)

16)  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)

17)  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)



PUBLIC HEARING - RESOLUTIONS

18)  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. (AMENDED TO HAVE CONT. P. H. & 
               ACTION ON 3/9/09 FOR TAFOYA CLAIM, 4-3; CAMP,
               EMERY, ESCHLIMAN, SVOBODA ASSENTING; COOK, MARVIN,
               SPATZ DISSENTING; AMENDED TO HAVE CONT. P.H. & ACTION
               ON 3/9/09 FOR  REEDER CLAIM, 6-1; CAMP, COOK, EMERY,
               ESCHLIMAN, MARVIN, SVOBODA ASSENTING; SPATZ DISSENTING;
               ADOPTED AS AMENDED, 7-0; A-85242)
               Fact Sheet (14K)
               Attachment (21K)

19)  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.
               (ADOPTED, 6-1; CAMP, EMERY, ESCHLIMAN, MARVIN,
               SPATZ, SVOBODA ASSENTING; COOK DISSENTING; A-85243)

20)  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.(ADOPTED, 5-2; CAMP, COOK,
               ESCHLIMAN, SPATZ, SVOBODA ASSENTING; EMERY, MARVIN
               DISSENTING; A-85244)Fact Sheet (41K)
               Attachment (122K)

21)  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.(ADOPTED, 7-0; A-85245) 
               Fact Sheet (378K)

                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEM 22 HAD 1ST READING)

22)  09-33     Change of Zone 08072   Amending Title 27 of
               the Lincoln Municipal Code relating to
               zoning by amending Section 27.07.040,
               27.09.040 and 27.49.040 to add excavation
               and stone milling as a permitted special
               use in the AG, AGR, and I-2 zoning
               districts, respectively; by amending
               Section 27.63.160 to allow excavation and
               stone milling to be approved by special
               permit in the AG, AGR, R-3, B-2, H-2, H-3,
               H-4, and I-2 zoning districts and to
               provide conditions governing said use;
               amending Sections 27.15.040, 27.31.050,
               27.35.020, 27.41.040, 27.43.040, 27.45.030,
               27.47.030, and 27.51.030 to provide
               consistency in the terminology used in each
               section relating to excavation and stone
               milling; by repealing Sections 27.63.310
               and 27.63.360 in their entirety; and
               repealing Sections 27.07.040, 27.09.040, 
               27.15.040, 27.31.050, 27.35.020, 27.41.040,
               27.43.040, 27.45.030, 27.47.030, 27.49.040,
               27.51.030, and 27.63.160 of the Lincoln
               Municipal Code as hitherto existing.
               Fact Sheet (194K)


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

23)  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.
               (PASSED, 7-0; #19207)
               Fact Sheet (605K)

24)  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.(PASSED, 7-0; #19208)
               Fact Sheet (213K)
               Attachment (580K)

25)  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.(LOST, 1-6; SPATZ ASSENTING ; CAMP,
               COOK, EMERY, ESCHLIMAN, MARVIN, SVOBODA DISSENTING;
               #38-4589)
               Fact Sheet (401K)
               Attachment (1021K)

26)  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.(PASSED, 7-0; #19209)
               Fact Sheet (234K)
               Attachment (399K)

27)  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.(PASSED, 7-0; #19210)
               Fact Sheet (295K)
               Attachment (815K)

28)  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.(PASSED, 5-2; CAMP, EMERY, MARVIN,
               SPATZ, SVOBODA ASSENTING; COOK, ESCHLIMAN
               DISSENTING; #19211)
               Fact Sheet (218K)
               Attachment (438K)

29)  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.(AMENDED TO SPLIT INTO TWO
               ORDINANCES, 7-0; PLACED 09-20A ON PENDING FOR
               TWO WEEKS TO 3/16/09 FOR ACTION, 5-2; CAMP, COOK,
               ESCHLIMAN, SPATZ, SVOBODA ASSENTING; EMERY, MARVIN
               DISSENTING; PLACED 09-20B ON PENDING INDEFINITELY, 7-0)
               Fact Sheet (220K)
               Attachment (296K)
               Motion To Amend 1 (11K)

30)  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.(PASSED, 7-0; #19212)
               Fact Sheet (218K)
               Attachment (379K)

31)  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.(PASSED, 7-0; #19213)
               Fact Sheet (241K)
               Attachment (526K)

32)  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.(PASSED, 7-0; #19214)
               Fact Sheet (241K)
               Attachment (760K)

33)  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.(PASSED, 7-0;
               #19215)
               Fact Sheet (80K)
               Attachment (92K)

34)  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.(PASSED, 7-0; #19216)
               Fact Sheet (181K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK; SEE ITEM #38)   

35)  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)

36)  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)

37)  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)

38)  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) (To be Withdrawn should
               Annexation 08021, Bill No. 09-23 be passed 
               by Council)
               Fact Sheet (232K)

39)  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)

40)  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)


   WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
    PUBLIC HEARING ON MONDAY, MARCH  9, 2009 AT 1:30 P.M.:

     NONE


     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 MARCH ARE THE 9TH AND 30TH.



ADJOURNMENT	4:43 P.M.




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