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Formal Agenda


       ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, MARCH 30, 2009 AT 5:30 P.M.
                                 
                    ALL MEMBERS PRESENT EXCEPT CAMP

  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)            Setting the hearing date of  Monday, April 27,
               2009, at 5:30 p.m. for Board of Equalization on
               the North 27th Street Maintenance Improvement
               District and the University Place Maintenance
               Business Improvement District. (APPROVED, 6-0)

 2)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on March 16, 2009.(PLACED ON FILE)

 3)            Report of City Treasurer of Cash on Hand at the
               close of business February 28, 2009. (PLACED
               ON FILE)


PETITIONS & COMMUNICATIONS
 
 4)            Setting the Hearing Date of April 13, 2009 for
               application of Kuhr Mohr LLC dba Main Street Cafe‚
               for a Class IK liquor license located at 1325
               O Street.(ADOPTED, 6-0; A-85266)

 5)            Setting the Hearing Date of April 13, 2009 for
               application of JTK LLC dba JTK Cuisine &
               Cocktails for a Class C liquor license located
               at 201 N. 7th Street.(ADOPTED, 6-0; A-85267)


 6)  MISCELLANEOUS REFERRALS


                     - END CONSENT AGENDA -



PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


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

 7)  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)


PUBLIC HEARING - RESOLUTIONS

 8)  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.(ADOPTED, 6-0; A-85268)
               Fact Sheet (14K)
               Attachment (22K)

 9)  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.(ADOPTED,
               6-0; A-85269)
               Fact Sheet (18K)

10)  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. (ADOPTED, 5-1; COOK, EMERY,
               MARVIN, SPATZ, SVOBODA ASSENTING; ESCHLIMAN DISSENTING;
               A-85270) 
               Fact Sheet (13K)
               Attachment (90K)

11)  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.(ADOPTED, 5-1; COOK, EMERY, MARVIN,
               SPATZ, SVOBODA ASSENTING; ESCHLIMAN DISSENTING;
               A-85271) 
               Fact Sheet (13K)
               Attachment (231K)


                            - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 12 THROUGH 20 HAD 1ST READING)  

12)  09-36     Approving a contract between the City and Lincoln
               Haymarket Development Corp. to operate and regulate
               a Saturday public market in the Haymarket area, 7th
               Street from P to Q Streets and P Street from 7th to
               8th Streets from May 2, 2009 through October 10, 2009
               and on 8th Street from P to Q Street from June 13, 2009
               through August 8, 2009.

13)  09R-47    Approving the Phase I Antelope Valley Parkway
               Plaza Triangle Redevelopment Agreement between
               the City and Assurity Life Insurance Company
               relating to the redevelopment of property
               generally located between the future Antelope
               Valley Parkway and Future Union Plaza, and Q and
               R Streets in East Downtown Lincoln. (Related
               Items: 09R-47,  09-37,  09-38, 09-41, 09R-48,
               09R-49) (Action Date: 4/13/09)
               Fact Sheet (17K)
               Attachment (2753K)

14)  09-37     Vacation 09001 - Application of the Joint
               Antelope Valley Authority and Assurity Life
               Insurance Co. to vacate 20th Street between
               S and Q Street; 21st Street between R and Q
               Streets; R Street between proposed Antelope
               Valley Parkway and 21st Street; S Street
               between proposed Antelope Valley Parkway
               and 20th Street; a portion of the east-west
               alley, Block 4, Lincoln Driving Park
               Company's 2nd Subdivision; and the east-
               west alley in Block 7 and 8, Kinney's O
               Street Addition, and retaining title in the
               City of Lincoln.  (Related Items:
               09R-47, 09-37, 09-38, 09-41, 09R-48, 09R-49)
               Fact Sheet (575K)

15)  09-38     Authorizing the issuance of a tax allocation bond
               with a total not to exceed $7.2 million for the City
               of Lincoln, Phase I Antelope Valley Parkway Plaza
               Triangle Redevelopment Project. (Related Items:
               09R-47, 09-37, 09-38, 09-41, 09R-48, 09R-49)

16)  09-41     Approving a Lease Agreement between the City and
               Neighborhoods, Inc. dba NeighborWorks Lincoln for
               the property located in Block 1 and 3, Deerfield
               Subdivision, including the old Carnegie Library
               and associated parking at 2121 N. 27th Street for
               a 13 month term. (Related Items: 09R-47, 09-37,
               09-38, 09-41, 09R-48, 09R-49)
               Fact Sheet (57K)
               Attachment (625K)

17)  09R-48    Approving the Antelope Village Project
               Redevelopment Agreement between the City and
               Neighborhoods, Inc. dba NeighborWorks Lincoln,
               relating to the redevelopment of property
               generally located between P and Q, 23rd and 24th
               Streets. (Related Items: 09R-47,  09-37,  09-
               38, 09-41, 09R-48, 09R-49) (Action Date:4/13/09)
               Fact Sheet (70K)
               Attachment (2347K)

18)  09R-49    Approving the Matt Talbot Kitchen and Outreach
               Project Redevelopment Agreement between the City
               and Matt Talbot Kitchen and Outreach, Inc.
               relating to the redevelopment of property
               generally located at 2121 N. 27th Street.
               (Related Items: 09R-47,  09-37,  09-38, 
               09-41, 09R-48, 09R-49) (Action Date: 4/13/09)
               Fact Sheet (59K)
               Attachment (2424K)

19)  09-39     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 as hitherto existing.
               Fact Sheet (16K)

20)  09-40     Amending Chapter 24.12 of the Lincoln
               Municipal Code, the Plumbing Code, by
               amending Section 24.12.020 relating to
               requests for inspections by homeowners;
               amending Section 24.12.025 to increase
               plumbing permit fees; amending Section
               24.12.030 relating to the Plumbing Board of
               Appeals to provide for appeal hearing
               procedures; amending Section 24.12.450 to
               increase underground irrigation system
               permit fees; and repealing Sections
               24.12.020. 24.12.025, 24.12.030 and
               24.12.450 of the Lincoln Municipal Code as
               hitherto existing.
               Fact Sheet (16K)


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

     NONE


RESOLUTIONS - ACTION ONLY

21)  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. (3/23/09- Delayed 1
               wk to 3/30 for Action Only) (AMENDMENT #2, 6-0;
               ADOPTED SUBSTITUTE RESOLUTION, 6-0; A-85272)
               Memo (8K)
               Motion To Amend 1 (7K)
               Motion To Amend 2 (466K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST	(EXTENDED ONE WEEK)

22 ) 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)

23)  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)

24)  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)

25)  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)

26)  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)

27)  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)

28)  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, APRIL 6, 2009 AT 1:30 P.M.:
							(APPROVED, 6-0)

29)  09R-50    Approving the utilization of the Financial
               Accounting Standard 71 procedure to defer
               approximately $9.7 million of 2008 costs related
               to Sheldon Station and recover the costs through
               LES rates and amortizing such costs over five
               years.
               Fact Sheet (52K)


     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	6:12 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.,
          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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