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Formal Agenda


              ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                     MONDAY, MARCH 23, 2009 AT 1:30 P.M.

                ALL MEMBERS PRESENT EXCEPT CAMP AND ESCHLIMAN
                                 

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


        MAYOR'S ANNUAL AWARD OF EXCELLENCE FOR 2008 WAS PRESENTED TO 
          CYNTHIA KOENIG-WARNKE OF THE LINCOLN POLICE DEPARTMENT - 
          HONORABLE MENTION WAS PRESENTED TO GREGORY TOPIL OF THE 
       ENGINEERING SERVICES DIVISION OF THE PUBLIC WORKS & UTILITIES 
                                DEPARTMENT


                            - PUBLIC HEARING -

                            - CONSENT AGENDA -


REPORTS OF CITY OFFICERS

 1)  09R-41    Appointing Kathy McKillip to the Lincoln City
               Library Board of Trustees for an unexpired seven-
               year term expiring August 31, 2014.
               (ADOPTED, 5-0; A-85264)
               Attachment (182K)

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


PETITIONS & COMMUNICATIONS

     NONE


 3)  MISCELLANEOUS REFERRALS - NONE


                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


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

     NONE


PUBLIC HEARING - RESOLUTIONS

 4)  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.
               (ADOPTED, 5-0; A-85265)
               Fact Sheet (43K)
               Attachment (72K)

 5)  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.  (ACTION DELAYED FOR ONE 
               WEEK TO 3/30/09, 5-0)
               Fact Sheet (382K)
               Memo (8K)
               Motion To Amend 1 (7K)

                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)  (ITEM 6 
HAD 1ST READING)

 6)  09-35     Change of Zone 09005HP - Application of
               Nebraska State Historical Society Foundation
               and Miller Landscapes and Construction, Inc.
               to designate the Weese Farmstead, generally
               located at 10901 Adams Street, as a Landmark.
               Fact Sheet (742K)
               Attachment (165K)


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

 7)  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. (PASSED, 5-0; #19225)
               Fact Sheet (116K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

 8)  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)

 9)  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)

10)  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)

11)  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)

12)  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)

13)  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)

14)  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) (3/16/09 - Placed on Pending
               Indefinitely)
               Fact Sheet (220K)
               Attachment (296K)


WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
   PUBLIC HEARING ON MONDAY, MARCH 30, 2009 AT 5:30 P.M.:
                                                 (APPROVED, 5-0)

15)  09R-46    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of March 1 - 15,
               2009.
               Fact Sheet (14K)
               Attachment (22K)

16)  09R-43    Waiving the City's right to object to the validity
               to the subdivision of two parcels of land within
               Lot 296 I.T., now known as Lot 306 I.T. and Lot
               307 I.T., in the Northeast Quarter of Section 22,
               Township 10 North, Range 6 East, pursuant to the
               Decree entered by District Judge Paul D. Merritt
               in the matter of Trina L. Thomas v. Capitol Beach
               Community Association.
               Fact Sheet (18K)

17)  09R-44    Approving an Interlocal Agreement between the City
               and the Railroad Transportation Safety District
               providing for RTSD Funding for the South Salt
               Creek Quiet Zone, the City's acceptance of
               ownership and maintenance of the safety
               improvements constructed at 1st & J and 3rd & D
               and the City's closure of crossings at 2nd & J 
               and 3rd & J. 
               Fact Sheet (13K)
               Attachment (90K)

18)  09R-45    Approving an Interlocal Agreement between the City
               and the Railroad Transportation Safety District
               providing for RTSD Funding for the South Lincoln
               Quiet Zone and the City's acceptance of ownership
               and maintenance of the safety improvements
               constructed at Park Boulevard, South Street,
               Pioneers Boulevard, Old Cheney Road, South 14th
               Street and Saltillo Road.
               Fact Sheet (13K)
               Attachment (231K)


     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    2:09 P.M.



                                   ***
                        The City Council Meeting 
          which is broadcast live at 1:30 p.m. every Monday and
              at 5:30 p.m. on the last Monday of each month
              will be rebroadcast on Saturdays at 1:00 p.m.,
              immediately following the Pre-Council Meeting
                      on 5 City-TV, Cable Channel 5.
                                   ****
The City Council Agenda and Action Sheet may be accessed on the Internet at:
                              lincoln.ne.gov
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