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Formal Agenda


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

                            ALL MEMBERS PRESENT

       MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF FEBRUARY 2009 WAS 
       PRESENTED TO SCOTT HOLMES OF THE ENVIRONMENTAL HEALTH DIVISION
              OF THE LINCOLN/LANCASTER HEALTH DEPARTMENT IN THE 
                         CATEGORY OF PRODUCTIVITY

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 23, 2009. (PLACED ON FILE)

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

 3)            Report from City Treasurer of City Cash on hand
               at the close of business January 31, 2009. 
               (PLACED ON FILE)

 4)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               Idle Funds during the month ended January 31,
               2009.  (ADOPTED, 7-0; A-85246)


PETITIONS & COMMUNICATIONS

 5)            THE FOLLOWING HAVE BEEN REFERRED TO THE 
               PLANNING DEPARTMENT:
               Change of Zone No. 05068A - App. of R.C.
               Krueger Development for an amendment to The
               Woodlands at Yankee Hill Planned Unit
               Development with a change of zone from AG
               Agriculture to R-3 PUD to add 25.69 acres to the
               PUD and for approval of a development plan which
               proposes modifications to the Zoning Ordinance
               and Land Subdivision Ordinance to allow
               approximately 31 dwelling units and a private
               school in the underlying R-3 zoning on property
               generally located at S. 70th Street and Yankee
               Hill Road.
               Change of Zone No. 09005HP - App. of
               Miller Landscapes and Construction, Inc. for a
               landmark designation on property located at
               10901 Adams Street.
               Special Permit No. 09002 - App. of Miller
               Landscapes and Construction, Inc., Historic
               Preservation for reuse of an existing historic
               site as a landscaping contractors business on
               property located at 10901 Adams Street.


 6)  MISCELLANEOUS REFERRALS - NONE

       	           	- END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 7)            Application of Jade Rivers Restaurant Inc. dba
               Jade Rivers for a Class C liquor license at 3940
               Village Drive. (ADOPTED FOR APPROVAL, 7-0; 
               A-85247)

 8)            Manager application of Nguyen Thi Hoang Nguyen
               for Jade Rivers Restaurant Inc. dba Jade Rivers
               at 3940 Village Drive. (ADOPTED FOR APPROVAL, 7-0; 
               A-85248)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEM 9 
HAD 2ND READING)

 9)  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)


PUBLIC HEARING - RESOLUTIONS

10)  09R-30C   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. (3/2/09 - Claims of Tina Tafoya and
               Michael Reeder - Con't P.H. to 3/9/09) 
               (ADOPTED, 7-0; A-85249)
               Fact Sheet (14K)
               Attachment (21K)


                  	- END PUBLIC HEARING -


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

11)  09-34     Amending Chapter 8.20 of the Lincoln
               Municipal Code relating to the Lincoln Food
               Code by amending Section 8.20.030 to revise
               and add definitions; amending Section
               8.20.040 to create a uniform reference to
               the Lincoln Food Code; amending Section
               8.20.060 to create a uniform reference to
               the Lincoln Food Code; repealing Section
               8.20.070 relating to prohibited acts;
               amending Section 8.20.100 to create a
               uniform reference to the Lincoln Food Code;
               amending Section 8.20.110 to clarify the
               term for a temporary food establishment
               permit; amending Section 8.20.120 to
               provide exemptions to permit requirements
               for specific food establishments; amending
               Section 8.20.130 to create classifications
               of temporary food establishments; amending
               Section 8.20.140 to replace a reference to
               a specific section with a reference to the
               Lincoln Food Code; amending Section
               8.20.150 relating to permit fees and
               temporary food establishments; amending
               Section 8.20.170 to replace a reference to
               a specific section with a reference to the
               Lincoln Food Code; repealing Section
               8.20.180 relating to exemptions for food
               sales by nonprofit organizations; amending
               Section 8.20.190 to provide staffing and
               records requirements for food
               establishments; adding a new section
               numbered 8.20.195 to set forth types of
               food handler and food manager permits;
               adding a new section numbered 8.20.197 to
               establish requirements for submitting
               applications for food handler and food
               manager permits; repealing Section 8.20.200
               relating to the duties of food mangers and
               food handlers; amending Section 8.20.210 to
               create a uniform reference to the Lincoln
               Food Code; amending Section 8.20.220 to
               create the term of food handler and food
               manager permits; amending Section 8.20.230
               to revise food handler and food manager
               permit fees to reflect the change in
               classifications; amending Section 8.20.245
               to require that the Health Director be
               notified if an employee is diagnosed with
               or suspected of having Norovirus,
               Enterohemorrhagic or Shiga Toxin-producing
               Escherichia coli; amending Section 8.20.260
               to clarify and organize the section and
               provide uniform references to particular
               terms; amending Sections 8.20.262 and 
               8.20.264 to clarify and organize
               the sections for more convenient referencing;
               amending Section 8.20.270 to  add prohibited
               acts; amending Section 8.20.280 to replace a
               reference to a specific section and provide a
               uniform reference to the Lincoln Food Code;
               amending Section 8.20.290 to delete a reference
               to a specific section and replace it with date
               of suspension; amending Section 8.20.300 to
               provide a uniform reference to Person In Charge
               and Lincoln Food Code; amending Section 8.20.310 
               to delete a reference to license and provide a
               uniform reference to the Lincoln Food Code;
               amending Section 8.20.320 to provide for a
               uniform reference to permit holder and Person In
               Charge; amending Section 8.20.340 to provide a
               uniform reference to the Lincoln Food Code and
               to clarify that civil and criminal actions may
               be taken; and repealing Sections 8.20.030,
               8.20.040, 8.20.060, 8.20.100, 8.20.110,
               8.20.120, 8.20.130, 8.20.140, 8.20.150,
               8.20.170, 8.20.190, 8.20.210, 8.20.220,
               8.20.230, 8.20.245, 8.20.260, 8.20.262,
               8.20.264, 8.20.270, 8.20.280, 8.20.290,
               8.20.300, 8.20.310, 8.20.320, and 8.20.340 of
               the Lincoln Municipal Code as hitherto existing.
               (request 2nd and 3rd reading on 3-16-09).
               (Request for 2nd & 3rd Readings w/Action on 3/16/09) 
               (MOTION TO REQUEST FOR 2ND & 3RD READINGS 
               W/ACTION ON 3/16/09 FAILED, 3-4; ESCHLIMAN, SPATZ, 
               SVOBODA ASSENTING; CAMP, COOK, EMERY, MARVIN DISSENTING)
               Fact Sheet (116K)
               Attachment (117K)


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

12)  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.
               (MTA #1 TO ACCEPT THE SUBSTITUTE ORDINANCE, 7-0; 
               PASSED AS AMENDED, 7-0; #19217)
               Fact Sheet (54K)
               Motion To Amend 1 (16K)
               Substitute Motion To Amend (16K)

13)  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. (PASSED, 7-0; #19218)
               Fact Sheet (257K)

14)  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. (PASSED, 7-0; #19219)
               Fact Sheet (268K)

15)  09-29     Street Name Change 09001 - Renaming West
               Stanton Street west of N.W. 48th Street as
               Mike Scholl Street. (PASSED, 7-0; #19220)
               Fact Sheet (340K)
               Attachment (705K)

16)  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) 
               (PASSED, 4-3; CAMP, ESCHLIMAN, SPATZ, SVOBODA 
               ASSENTING; COOK, EMERY MARVIN DISSENTING; #19221)
               Fact Sheet (276K)

17)  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) (MTA #1 TO ACCEPT THE 
               SUBSTITUTE RESOLUTION, 7-0; MTA #2 ADOPTED, 
               7-0; MTA #3 ADOPTED, 7-0; ADOPTED AS AMENDED, 
               4-3; CAMP, ESCHLIMAN, SPATZ, SVOBODA ASSENTING; 
               COOK, EMERY MARVIN DISSENTING; A-85260)
               Fact Sheet (3095K)
               Motion To Amend 1 (14K)

18)  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) (MTA #1 TO ACCEPT THE 
               SUBSTITUTE RESOLUTION, 7-0; ADOPTED AS 
               AMENDED, 4-3; CAMP, ESCHLIMAN, SPATZ, SVOBODA 
               ASSENTING; COOK, EMERY MARVIN DISSENTING; A-85261)
               Fact Sheet (449K)
               Motion To Amend 1 (15K)

19)  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. 
               (PASSED, 7-0; #19221)
               Fact Sheet (13K)

20)  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)
               (ADOPTED, 7-0; A-85262)
               Attachment (608K)

21)  09-32     Authorizing the issuance of Series A and
               Series B tax allocation bonds with a total
               not to exceed $764,000.00 for the City of
               Lincoln, Lincoln Flats/Bank of the West
               Redevelopment Project. (Related Items:
               09R-32, 09-32, 09R-33) (MTA #1 ADOPTED, 7-0; 
               PASSED AS AMENDED, 7-0; #19222)
               Motion To Amend 1 (6K)

22)  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)
               (ADOPTED, 7-0; A-85263)
               Attachment (18K)


PENDING LIST - DATE CERTAIN

23)  09-20A    Annexation No. 08016 - Amending the Lincoln
               Corporate Limits Map by annexing approximately
               137 acres south of West O Street in the vicinity
               of SW 48th Street. (3/2/09 - Action Delayed 2
               weeks to 3/16/09)
               Fact Sheet (220K)
               Attachment (296K)


PENDING LIST    (EXTENDED ONE WEEK)

24)  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)

25)  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)

26)  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)

27)  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)

28)  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)

29)  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)


   WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
    PUBLIC HEARING ON MONDAY, MARCH 16, 2009 AT 1:30 P.M.:
                                                (APPROVED, 7-0)

30)  09R-39    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of February 16 -
               28, 2009.
               Fact Sheet (14K)
               Attachment (21K)

31)  09R-34    Approving a Memorandum of Agreement Regarding
               Funding, Construction, and Operation of the
               Children's Play Area at Union Plaza between the
               City and the Kinder Porter Scott Family
               Foundation for development, maintenance and
               funding of a children's play area generally
               located near 21st Street between Q and R
               Streets.
               Fact Sheet (116K)
               Attachment (117K)

32)  09R-35    Approving appropriations in the amount of
               $76,424.00 from the operation of Keno Lottery
               Funds for various human services.
               Attachment (42K)

33)  09R-36    Approving the dedication of 13.67 acres of
               property generally located at 70th Street and
               Pine Lake Road for public park and public
               outdoor recreational uses as required by the
               Land and Water Conservation Fund Act of 1965 to
               replace the loss of .2 acres of Mahoney Park
               purchased with Land and Water Conservation Fund
               for the Adams Street improvement project.
               Fact Sheet (82K)
               Attachment (133K)

34)  09R-37    Approving a Cooperation Agreement between the
               City and The Nature Conservancy for the
               continuance of the Saline Wetland Conservation
               Partnership for the cooperative management of
               the Implementation Plan for the Conservation of
               Nebraska's Eastern Saline Wetlands for a three
               year period beginning March 1, 2009 and
               terminating February 28, 2012. (Related
               Items: 09R-37, 09R-38)
               Fact Sheet (50K)
               Attachment (1538K)

35)  09R-38    Approving an Interlocal Cooperative Agreement
               between the City, the Nebraska Game & Parks
               Commission, and the Lower Platte South NRD for
               the continuance of the Saline Wetland
               Conservation Partnership for the management of
               the Implementation Plan for the Conservation of
               Nebraska's Eastern Saline Wetlands for a three
               year period beginning March 1, 2009 and
               terminating February 28, 2012. (Related
               Items: 09R-37, 09R-38)
               Fact Sheet (52K)
               Attachment (1019K)

     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    2:46 P.M.


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