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Formal Agenda


   ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
               MONDAY, MARCH 16, 2009 AT 1:30 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 March 2, 2009. (PLACED ON FILE)

 2)            Annual Report for the Year 2008 prepared by City
               Law Department dated March 4, 2009. (PLACED ON
               FILE)
 
 3)            Report of City Treasurer of franchise tax for
               the months of December 2008 and January 2009
               from Black Hills/Nebraska Gas Utility Co., LLC. 
               (PLACED ON FILE)

 4)            Report of City Treasurer of franchise tax for
               fourth quarter ended December 31, 2008 from Time
               Warner Cable. (PLACED ON FILE)

 5)            Report of City Treasurer of Telecommunication
               Occupation Tax for the quarter October 1, 2008
               to December 31, 2009: TWC Digital Phone,
               Reliance,  MegaPath, Matrix, Deltacom, Reliance,
               Startec Global, Southwest, OrbitCom; December
               2008: Windstream Nebraska, Windstream Nebraska,
               Windstream Systems of the Midwest, AT&T Comm.of
               Midwest, New Cingular, Nebraska Technology,
               Cricket, USCOC of Greater Iowa, TWC Digital
               Phone, Trans National Comm., AccessLine, Virgin
               Mobile USA, IDT Domestic, Verizon Long Distance,
               XO Comm., Working Assets, Global Crossing,
               AireSpring, Primus, McLeodUSA, TCG Omaha, PNG,
               OnStar, Broadwing, Who's Calling, Qwest,
               BullsEye, Granite, USCOC of NE/KS, Airnex,
               CIMCO, ACN, Telecorp, UCN, Comtel Telcom Assets,
               Verizon Select, HELIO, TracFone, Cincinnati
               Bell,Globalstar USA, VoiceCom, Intellical
               Operator, ATI, EarthLink, AirCell, Arizona
               Telephony, New Edge, Network Billing, Guaranteed
               Phone Service, NOSVA, Quantum Shift, Flying J,
               KDDI America, IBM Global, LDMI, Norstan Network;
               January 2009: Alltel Comm. of Nebraska, Alltel,
               MCI, Cricket, D&D, D&D, GTC, Enhanced Comm.
               Network, Tri-M, Zone, Lighyear Network
               Solutions, SBC Long Distance, First
               Communications, Globalcom, Wholesale Carrier,
               360networks(USA), Nextel West, ATS Mobile
               Telephone, Covista, BT Americas, Unite Private
               Networks, 8x8, Qwest, Granite, AT&T Comm. of
               Midwest, AT&T Comm. of Midwest, Budget Prepay,
               Level 3, Level 3, TWC Digital Phone, ACN, Comtel
               Telcom Assets, OrbitCom. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 6)            THE FOLLOWING HAVE BEEN REFERRED TO PLANNING
               DEPT:
               Special Permit No. 09003 - requested by
               Wiyual Ruach, for the sale of alcoholic
               beverages for consumption on the premises
               generally located at Russell Drive and
               Cornhusker Highway.
               Use Permit No. 105A - requested by Olsson
               Associates, for an amendment to change the use
               of Lots 1-16 to commercial use, to increase the
               overall square footage, and to add a hotel, on
               property generally located at N. 84th Street and
               Holdrege Street.


 7)  MISCELLANEOUS REFERRALS

                  - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 8)            Application of Dau and Nguyen Properties LLC dba
               South Fast Break for a Class B liquor license at
               1648 South Street. (ADOPTED FOR APPROVAL, 7-0;
               A-85254) 

 9)            Manager application of Paulina T. Nguyen for Dau
               and Nguyen Properties LLC dba South Fast Break
               at 1648 South Street. (ADOPTED FOR APPROVAL,
               7-0; A-85255)

10)            Application of Nguyen S Corporation dba Ambiance
               Nail Spa for a Class C liquor license at 2755
               Jamie Lane, Suite 3. (ADOPTED FOR APPROVAL,
               7-0; A-85256)

11)            Manager application of Paulina T. Nguyen for
               Nguyen S Corporation dba Ambiance Nail Spa at
               2755 Jamie Lane, Suite 3.(ADOPTED FOR APPROVAL,
               7-0; A-85257)


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

12)  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 Sections8.20.262 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.
               Fact Sheet (116K)


PUBLIC HEARING - RESOLUTIONS

13)  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.(ADOPTED, 7-0; A-85258)
               Fact Sheet (14K)
               Attachment (21K)

14)  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.(ADOPTED, 7-0; A-85259)
               Fact Sheet (116K)
               Attachment (117K)

15)  09R-35    Approving appropriations in the amount of
               $76,424.00 from the operation of Keno Lottery
               Funds for various human services.
               (ADOPTED, 7-0; A-85260)
               Attachment (42K)

16)  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.
               (ADOPTED, 6-1; CAMP, COOK, EMERY, MARVIN,
               SPATZ, SVOBODA ASSENTING; ESCHLIMAN DISSENTING;
               A-85261)
               Fact Sheet (82K)
               Attachment (133K)

17)  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) (ADOPTED, 7-0; A-85262)
               Fact Sheet (50K)
               Attachment (1538K)

18)  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) (ADOPTED, 7-0; A-85263)
               Fact Sheet (52K)
               Attachment (1019K)

                  - END PUBLIC HEARING -


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

     NONE


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

19)  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) (PLACED ON PENDING INDEFINITELY,
               7-0.)
               Fact Sheet (220K)
               Attachment (296K)

20)  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.
               (PASSED, 7-0; #19224)
               Fact Sheet (194K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST	(EXTENDED ONE WEEK)

21)  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)

22)  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)

23)  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)

24)  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)

25)  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)

26)  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 23, 2009 AT 1:30 P.M.:
						(APPROVED, 7-0)

27)  09R-40    Approving an Interlocal Agreement between the
               City and the Lower Platte South Natural
               Resources District for the joint development of
               a natural play space in Belmont Park
               Fact Sheet (43K)
               Attachment (72K)

28)  09R-41    Appointing Kathy McKillip to the Lincoln City
               Library Board of Trustees for an unexpired
               seven-year term expiring August 31, 2014
               Attachment (182K)

29)  09R-42    Approving the acquisition by condemnation of
               approximately 1.58 acres of property generally
               located at S.W. 98th Street and West O Street
               for a  water well site for the Emerald Sanitary
               and Improvement District.
               Fact Sheet (382K)


     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	2:10 P.M.


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      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.,
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                  on 5 City-TV, Cable Channel 5.
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