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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                          MONDAY, APRIL 13, 2009 AT 1:30 P.M.

                           ALL MEMBERS PRESENT


MAYOR'S AWARD OF EXCELLENCE JAMES BARE OF THE ENVIRONMENTAL PUBLIC HEALTH
   DIVISION IN THE CATEGORY OF CUSTOMER RELATIONS

  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)            Resolution assessing the costs of the North
               27th Street Maintenance Business Improvement
               District against the benefitted properties.
               (ADOPTED, 6-0; COOK ABSENT; A-85276)

 2)            Resolution assessing the costs of the University
               Place Maintenance Business Improvement District
               against the benefitted properties.(ADOPTED, 6-0;
               COOK ABSENT; A-85277)

 3)            Clerk's Letter and Mayor's Approval of
               ordinances and resolutions passed by Council on
               March 30, 2009.  (PLACED ON FILE)

 4)            Lincoln Water & WasteWater System recapitulation
               of daily cash receipts for March 2009.  (PLACED
               ON FILE)

 5)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               Idle  Funds during the month ended February 28,
               2009. (ADOPTED, 6-0; COOK ABSENT; A-85278)

 6)            Report of franchise tax of Black Hills/Nebraska
               Gas Utility Co., LLC for the month of February
               2009.  (PLACED ON FILE)

 7)            Report of Emergency 911 Occupation Tax for
               January 2009: Vonage America, Vonage America;
               February 2009: Networks Group, Vonage America,
               Vonage America. (PLACED ON FILE)

 8)            Report of Telecommunication Occupation Tax for
               the months of Oct. - Dec. 2008: Network US;
               January 2009: Windstream Nebraska, Windstream
               Systems of the Midwest, Nextel, Sprint, Sprint
               Spectrum, Nebraska Technology & Telecomm., New
               Cingular Wireless, USCOC of Greater Iowa, AT&T
               Comm. of Midwest, TWC Digital Phone, Verizon
               Wireless, CIMCO, IBM Global, Network Billing,
               Quantum Shift, TON Services, KDDI America, NOS,
               NOSVA, Norstan Network, Business, McLeodUSA,
               Working Assets Funding, OnStar, Virgin Mobile
               USA, ACN, UCN, Cellco Partnership, Qwest, Global
               Crossing, Granite, Telecorp, Broadwing,
               Spectrotel, Primus, Verizon Select, Trans
               National, Sioux City MSA, Omaha Cellular,
               Globalstar USA, Broadband Dynamics, Verizon Long
               Distance, USCOC of NE/KS, XO Comm., EarthLink,
               New Edge, VoiceCom, TCG Omaha, TracFone
               Wireless, Intellicall Operator, Cincinnati Bell
               Any Distance, ATI; February 2009: TWC Digital
               Phone, AT&T of Midwest, 8x8, Qwest, Budget
               Prepay, AT&T of Midwest, Comtel Telcom Assets,
               Level 3, Level 3, ACN, Granite, Alltel, Alltel
               of NE, D&D, Nextel, Sprint Spectrum, Cricket,
               Sprint, MCI, SBC Long Distance, Covista, Yestel
               USA, Wholesale Carrier, NOS, GlobalCom, First
               Comm., 360networks (USA), Bus iness, Nextel
               West, BT Americas, Unite Private Networks, ATS
               Mobile, Lightyear Network Solutions, Tri-M,
               Zone, Enhanced, GTC.   (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 9)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING 
               DEPT.:
               Special Permit 08017A - App. of Gana
               Trucking & Excavating, Inc. for an amendment to
               continue the excavation of sand, gravel and soil
               on property at Bluff Road and Highway 77.
               Special Permit 09007 - App. of EcoTech
               Energy Solutions for a wind turbine with request
               to waive the maximum elevation from 40' to 50'
               on property at 600 N. Cotner Boulevard.


10)  MISCELLANEOUS REFERRALS


                          - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

11)            Application of JTK, LLC dba JTK Cuisine &
               Cocktails for a Class C liquor license at 201 N.
               7th Street. (ADOPTED FOR APPROVAL, 6-0; COOK ABSENT;
               A-85279)

12)            Manager application of Jason T. Kuhr for JTK,
               LLC dba JK Cuisine & Cocktails at 201 N. 7th
               Street. (ADOPTED FOR APPROVAL, 7-0;A-85280)

13)            Application of Kuhr Mohr LLC dba Main Street
               Caf‚ for a Class I and K Catering liquor license
               at 1325 O Street.(ADOPTED FOR APPROVAL, 7-0;
               A-85281)

14)            Manager application of Jason T. Kuhr for Kuhr
               LLC dba Main Street Caf‚ at 1325 O Street.
               (ADOPTED FOR APPROVAL, 7-0; A-85282)

15)            Application of Metro Food Mart Inc. dba Leon's
               Food Mart for a Class C liquor license at 2200
               Winthrop Road.(ADOPTED FOR APPROVAL, 7-0;
               A-85283)

16)            Manager application of Christopher I. Vorhies
               for Metro Food Mart Inc. dba Leon's Food Mart at
               2200 Winthrop Road. (ADOPTED FOR APPROVAL, 7-0;
               A-85284)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 17 THRU 19 HAD 2ND 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)


PUBLIC HEARING - RESOLUTIONS

20)  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.(ADOPTED, 7-0; A-85285)
               Fact Sheet (14K)
               Attachment (23K)

21)  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.(MOTION TO AMEND 
               ADOPTED, 4-3; CAMP, ESCHLIMAN, SPATZ, SVOBODA ASSENTING;
               COOK, EMERY, MARVIN DISSENTING; ADOPTED AS AMENDED, 4-3;
               CAMP, ESCHLIMAN, SPATZ, SVOBODA ASSENTING; COOK, EMERY,
               MARVIN DISSENTING; A-85286)
               Fact Sheet (278K)
               Memo (10K)

22)  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.(PUBLIC HEARING
               & ACTION CONTINUED FOR ONE WEEK TO 4/20/09, 7-0)
               Fact Sheet (13K)
               Attachment (385K)

23)  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.(MOTION TO AMEND ADOPTED,
               7-0; ADOPTED AS AMENDED, 7-0; A-85287)
               Fact Sheet (77K)
               Attachment (1386K)
               Motion To Amend 1 (691K)


                             - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 24 THRU 28 HAD 1ST READING) 

24)  09-46     Vacation 08009 - Application of Nebraska
               Acquisition Corp. to vacate the west 362
               feet of the east-west alley between South
               18th Street and South 20th Street and
               between J Street and K Street.
               Fact Sheet (199K)

25)  09-47     Annexation 08025 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 10 acres of property
               generally located south and west of the
               southwest corner of S.W. 48th Street and
               West O Street. (Related Items: 09-47,
               09-48,  09R-57)
               Fact Sheet (243K)
               Attachment (39K)

26)  09-48     Change of Zone 08061 - Application of
               Shoemaker's Truck Station, Inc. for a
               change of zone from AG Agricultural
               District to H-3 Highway Commercial District
               on property generally located south and
               west of the southwest corner of S.W. 48th
               Street and West O Street. (Related
               Items: 09-47, 09-48,  09R-57)
               Fact Sheet (323K)

27)  09R-57    Comp. Plan Conformity 09002 - Approving and
               adopting a proposed amendment to the West O
               Street Redevelopment Plan to add the "Shoemakers
               Redevelopment Project" for construction of two
               buildings on property generally located at the
               southwest corner of S.W. 48th Street and West O
               Street. (Related Items: 09-47, 09-48,  09R-
               57) (Action Date: 4/27/09)
               Fact Sheet (657K)
               Attachment (313K)

28)  09-49     Authorizing the City of Lincoln, Nebraska
               to enter into a lease-purchase transaction
               with Union Bank and Trust Company, Lincoln,
               Nebraska, for the acquisition of street
               lighting equipment.


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

29) 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.(PASSED, 7-0; #19227)

30) 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)
               (ADOPTED, 7-0; A-85288)
               Fact Sheet (17K)
               Attachment (2753K)

31) 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) (PASSED, 7-0; #19228)
               Fact Sheet (575K)

32)  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)
               (MOTION TO AMEND ADOPTED, 7-0; PASSED AS AMENDED,
               7-0; #19229)
               Motion To Amend 1 (7K)

33)  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)(PASSED, 6-0; SPATZ ABSTAINED; #19230)
               Fact Sheet (57K)
               Attachment (625K)

34)  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)
               (ADOPTED, 6-0; SPATZ ABSTAINED; A-85289)
               Fact Sheet (70K)
               Attachment (2347K)

35)  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)
               (MOTION TO AMEND ADOPTED, 7-0; ADOPTED AS 
               AMENDED, 7-0; A-85290)
               Fact Sheet (59K)
               Attachment (2424K)
               Motion To Amend 1 (275K)

36)  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.
               (ACTION DELAYED FOR TWO WEEKS W/CONT.
               PUBLIC HEARING TO 4/27/09, 7-0)
               Fact Sheet (16K)

37)  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.(PASSED, 7-0; #19231)
               Fact Sheet (16K)


PENDING LIST - DATE CERTAIN

38)  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) (4/6/09 - To have
               P.H. on 4/20/09 with Action on 4/27/09)
               Fact Sheet (220K)
               Attachment (296K)


PENDING LIST (See Bill No. 08-64)
(EXTENDED ONE WEEK; SEE ITEM 42)

39)  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)

40)  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)

41)  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)

42)  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) (Request of applicants to Withdraw)
               (WITHDRAWN, 7-0; #38-4591)
               Fact Sheet (291K)

43)  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)

44)  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, APRIL 20, 2009 AT 1:30 P.M.:
                                         (APPROVED, 7-0)

45)  09R-55    Appointing Lisa Olivares to the Multicultural
               Advisory Committee for a term expiring September
               18, 2011.
               Attachment (20K)

46)  09R-61    Approving the surplusing of $100,000.00 from the
               Special Assessment Fund and the transfer to the
               Fast Forward Fund and transfer and appropriation
               in the Urban Development operating budget /
               Contractual Services for operational expenses of
               the Urban Development Downtown Retail
               Implementation Project for the 2008/2009 fiscal
               year. (Related Items: 09R-61, 09R-56)
               Fact Sheet (46K)

47)  09R-56    Approving a Grant Agreement between the City on
               behalf of the Urban Development Department and
               the Downtown Civic Ventures to utilize
               $100,000.00 from the Downtown Retail Implementation
               Project to provide for operational expenditures in
               implementing and maintaining a retail
               recruitment and retention program in Downtown
               Lincoln. (Related Items: 09R-61, 09R-56)
               Fact Sheet (49K)
               Attachment (226K)
               Attachment 2 (50K)

48)  09R-58    Approving an Agreement between the City and the
               Nebraska Dept. of Roads so that federal and
               state funding may be used for improvements in
               U.S. Highway 34 from Lincoln Air Park Spur S-55C
               and extending east to the west edge of I-80
               Interchange.
               Fact Sheet (12K)
               Attachment (245K)

49)  09R-59    Accepting and approving a contract between the
               City and Fred Ehrlich to provide alfalfa bales
               for the City of Lincoln Parks Department for
               feed for the Elk and White Tail Deer.
               Fact Sheet (55K)
               Attachment (94K)

50)  09R-60    Approving the Memorandum of Agreement regarding
               funding, renovation, and operation of Hazel Abel
               Park between the City, Lincoln Parks Foundation
               and Abel Foundation for funding a major
               renovation and establishment of an endowment
               fund for Hazel Abel Park located at South 18th
               and E Streets.
               Fact Sheet (65K)
               Attachment (107K)


     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   4:14 P.M.




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