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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, APRIL 6, 2009 AT 1:30 P.M.

                           ALL MEMBERS PRESENT

              PRESENTATION BY LINCOLN POLICE CHIEF TOM CASADY
                      2009 JUSTICE ASSISTANCE GRANT
                      (Public Comments Are Welcomed)


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)            Affidavit of Mailing for Board of Equalization
               on the North 27th Street Maintenance Improvement
               District and the University Place Maintenance
               Business Improvement District. (PLACED ON FILE)

 2)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on March 23, 2009. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 3)            Setting the hearing date of Monday, April 13,
               2009 at 1:30 p.m. for the application of Metro
               Food Mart, Inc. dba Leon's Food Mart for a Class
               C liquor license located at 2200 Winthrop Road.
               (ADOPTED, 7-0; A-85273)

 4)            Setting the hearing date of April 20, 2009 at
               1:30 p.m. for the application of Casey's Retail
               Company dba Casey's General Store #2745 for
               reconstruction of a one story building approx.
               95 ft. x 45 ft. located at 2243 North Cotner.
               (ADOPTED, 7-0; A-85274)

 5)            THE FOLLOWING ITEMS HAVE BEEN REFERRED TO THE 
               PLANNING DEPARTMENT:
               Change of Zone No. 08074 - Req. of the
               Director of Planning from I-1 Industrial
               District to R-2 Residential District, P Public
               Use District and H-3 Highway Commercial
               District; from P Public Use District to H-3
               Highway Commercial District; and from R-4
               Residential District to P Public Use District on
               property generally located at N. 27th Street and
               Center Street.
               Change of Zone No. 09004 - Req. of the
               Director of Planning amending Chapter 27.61 of
               the Lincoln Municipal Code relating to
               Nonconforming and Nonstandard Uses by adding a
               new section numbered 27.61.100 to establish
               conditions for the expansion of a nonstandard
               single-family or two-family dwelling into a
               required yard in residential districts.
               Change of Zone No. 09006 - Req. of the
               Director of Urban Development to designate the
               former North Branch Library as a landmark on
               property generally located at N. 27th Street and
               Center Street.
               Change of Zone No. 09007 - Req. of the
               Director of Planning, to amend the Building Line
               District map by deleting the building line
               district in Randolph Street from the centerline
               of S. 46th Street to the west line of S. 47th
               Street.
               Change of Zone No. 09008 - App. of ESP on
               behalf of Southeast Technical Community College
               from P Public Use District to O-3 Office Park
               District on property generally located at N.
               90th Street and O Street.
               Special Permit No. 08004A - App. of James
               Peterson for an amendment to continue and expand
               the excavation of sand, gravel and soil on
               property generally located at N. 40th Street and
               Waverly Road.
               Special Permit No. 09004 - App. of Jose
               Luis Meneses for the authority to sell alcoholic
               beverages for consumption off the premises on
               property generally located northeast of the
               intersection of N. 1st and O Streets.
               Use Permit No. 140C - App. of Menards,
               Inc. for an amendment to Appian Way Regional
               Center to adjust the required parking on
               property generally located at S. 91st Street and
               Heritage Lakes Drive.
               Use Permit No. 09001 - App. of ESP on
               behalf of Southeast Technical Community College
               for approximately 125,000 square feet of medical
               office space on property generally located at N.
               90th Street and O Street.


 6)  MISCELLANEOUS REFERRALS - NONE


                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 7 
THRU 15 HAD 2ND READING)

 7)  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.

 8)  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)

 9)  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)

10)  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)

11)  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)

12)  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)

13)  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)
               Motion To Amend 1 (275K)

14)  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)

15)  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)


PUBLIC HEARING - RESOLUTIONS

16)  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. (ADOPTED, 7-0; A-85275)
               Fact Sheet (52K)


                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 17 
THRU 19 HAD 1ST READING)
 
17)  09-42     Amending Chapter 14.29 of the Lincoln
               Municipal Code relating to Use of Streets
               for Private Construction Purposes by
               amending Sections 14.29.020 and 14.29.030
               to increase street use and meterhood permit
               costs for private construction purposes;
               and repealing Sections 14.29.020 and
               14.29.030 of the Lincoln Municipal Code as
               hitherto existing.
               Fact Sheet (40K)

18)  09-43     Misc. 09003 - Amending Title 26 of the
               Lincoln Municipal Code relating to the Land
               Subdivision Ordinance by adding a new
               Section 26.07.013 to add a definition for
               access road; amending Section 26.11.060 to
               modify the procedures to appeal from final
               action of the Planning Director; amending
               Section 26.23.140 to modify the requirement
               that every lot shall front upon and have
               access to a public street for lots which
               front upon a major street; amending Section
               26.31.010 to modify the requirements for
               granting a waiver of land subdivision
               requirements; and repealing Sections
               26.11.060, 26.23.140, and 26.31.010 of the
               Lincoln Municipal Code as hitherto
               existing.
               Fact Sheet (76K)

19)  09-45     Amending Chapter 14.32 of the Lincoln
               Municipal Code relating to Special Events
               by amending Section 14.32.020 to revise the
               definition of special event to provide that
               the definition not be limited to uses
               currently set forth in that section;
               amending Section 14.32.070 to expand the
               public space in which no special permit
               shall be issued beginning at 12:30 a.m. the
               day of any University of Nebraska home
               football game and continuing through 
               6:30 a.m. the following day; and repealing
               Sections 14.32.020 and 14.32.070 of the
               Lincoln Municipal Code as hitherto
               existing.
               Fact Sheet (14K)


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

20)  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. (PASSED, 7-0; #19226)
               Fact Sheet (742K)
               Attachment (165K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK, SEE ITEM #27)

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)

27)  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)  (REMOVED FROM PENDING FOR P.H. 
               ON 4/20/09 W/ACTION ON 4/27/09, 7-0)
               Fact Sheet (220K)
               Attachment (296K)


WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
    PUBLIC HEARING ON MONDAY, APRIL 13, 2009 AT 1:30 P.M.:
                                                 (APPROVED, 7-0)

28)  09R-52    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of March 16 -
               31, 2009.
               Fact Sheet (14K)
               Attachment (23K)

29)  09R-53    Waiver No. 09001 - Request of the Planning
               Director to waive the requirements of the Land
               Subdivision Ordinance for paving of Q Street,
               installation of sidewalks on Q Street and North
               36th Street, and the installation of a street
               tree within Spahn Addition, generally located at
               North 36th Street and Q Street.
               Fact Sheet (278K)
               Memo (10K)

30)  09R-54    Approving a Funding Agreement between the City
               and State Department of Roads so that the
               identified projects will be eligible for Federal
               Highway Stimulus Funds provided by the American
               Recovery and Reinvestment Act of 2009 for a six-
               lane divided concrete pavement, Project No.
               LCLC-55(168), Antelope Valley North/South
               Roadway, P Street to Vine Street.
               Fact Sheet (13K)
               Attachment (385K)

31)  09R-51    Approving the Creekside Village Redevelopment
               Agreement between the City and Creekside
               Village, Ltd., relating to the redevelopment of
               property generally located on the west side of
               10th and Military Road.
               Fact Sheet (77K)
               Attachment (1386K)


     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 APRIL ARE THE 13TH AND 27TH.


ADJOURNMENT    3:00 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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