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Formal Agenda


              ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                     MONDAY, APRIL 20, 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)  09R-55    Appointing Lisa Olivares to the Multicultural
               Advisory Committee for a term expiring September
               18, 2011.  (ADOPTED, 7-0; A-85291)
               Attachment (20K)

 2)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on April 6, 2009. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 3)            Setting the hearing date of Monday, May 4, 2009
               at 1:30 p.m. for the application of Patricia
               Sanchez  dba Las Herraduras for a Class C liquor
               license located at 100 N. 1st Street, Suites 3 & 4.
               (ADOPTED, 7-0; A-85292)

 4)            Setting the hearing date of Monday, May 4, 2009
               at 1:30 p.m. for the application of Box Awesome,
               LLC dba Box Awesome's Bourbon Theatre for a
               Class C liquor license located at 1415 O Street.
               (ADOPTED, 7-0; A-85293)

 5)            Setting the hearing date of Monday, May 4, 2009
               at 1:30 p.m. for the application of Andrew Hubka
               dba Woodees for a Class C liquor license located
               at 2001 West O Street.  (ADOPTED, 7-0; A-85294)

 6)            Setting the hearing date of Monday, May 4, 2009
               at 1:30 p.m. for the application of Wiyual Ruach
               dba  Johnny Disco for a Class I liquor license
               located at 5800 Cornhusker Hwy. Building, Suites
               10 & 11.  (ADOPTED, 7-0; A-85295)


 7)  MISCELLANEOUS REFERRALS - NONE


                          - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 8)            Application of Casey's Retail Company dba
               Casey's General Store #2745 to expand its
               licensed premises for the reconstruction of the
               whole 95' by 45' building located at 2243 North
               Cotner Blvd.  (ADOPTED FOR APPROVAL, 7-0; A-85296)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 9 
THRU 14 HAD 2ND READING, SEE ITEMS 10, 12, 13 & 14)

 9)  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.

10)  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) (ACTION DELAYED TO 5/4/09, 7-0)
               Fact Sheet (220K)
               Attachment (296K)

11)  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)

12)  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) (Request to delay action 
               on this item until 5/4/09) (CON'T P.H. 
               W/ACTION ON 5/4/09, 7-0)
               Fact Sheet (243K)
               Attachment (39K)

13)  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) (Request to 
               delay action on this item until 5/4/09)
               (CON'T P.H. W/ACTION ON 5/4/09, 7-0)
               Fact Sheet (323K)

14)  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) (Request for Council to 
               act on this item on this date 4/20/09)
               (RULES WAIVED TO HAVE ACTION ON THIS DATE, 7-0; 
               ADOPTED, 7-0; A-85297)
               Fact Sheet (657K)
               Attachment (313K)


PUBLIC HEARING - RESOLUTIONS

15)  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. (4/13/09 -
               Public Hearing & Action continued for 1 week to
               4/20/09) (PLACED ON PENDING INDEFINITELY, 7-0)
               Fact Sheet (13K)
               Attachment (385K)

16)  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)
               (ADOPTED, 5-2; COOK, EMERY, ESCHLIMAN, MARVIN, 
               SPATZ ASSENTING; CAMP, SVOBODA DISSENTING; 
               A-85298)
               Fact Sheet (46K)

17)  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) (ADOPTED, 5-2; COOK, EMERY, 
               ESCHLIMAN, MARVIN, SPATZ ASSENTING; CAMP, 
               SVOBODA DISSENTING A-85299)
               Fact Sheet (49K)
               Attachment (226K)
               Attachment 2 (50K)

18)  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. (ADOPTED, 7-0; A-85300)
               Fact Sheet (12K)
               Attachment (245K)

19)  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.
               (ADOPTED, 7-0; A-85301)
               Fact Sheet (55K)
               Attachment (94K)

20)  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. (CON'T P.H. W/ACTION IN TWO WEEKS 
               ON 5/4/09, 7-0)
               Fact Sheet (65K)
               Attachment (107K)

                        - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 21 
THRU 31 HAD 1ST READING)

21)  09R-64    Approving Amendment No. 1 to the Woodlands at
               Yankee Hill Conditional Annexation and Zoning
               Agreement between the City and Carl R. & Vicki
               A. Schmidt, 3AP-SE LLC, Midwest Net Lease
               Investors-SE LLC, RC Krueger Development Co.,
               Krueger Holding Co., and Calruby LLC, relating
               to the annexation of approximately 25.69 acres
               of property generally located southeast of the
               intersection of South 70th Street and Yankee
               Hill Road.  (Related Items: 09R-64, 09-50,
               09-51) (Action date: 5/4/09)
               Attachment (227K)

22)  09-50     Annexation No. 09001 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 25.69 acres of property
               generally located southeast of the
               intersection of South 70th Street and
               Yankee Hill Road. (Related Items: 09R-
               64, 09-50, 09-51)
               Fact Sheet (234K)
               Attachment (338K)

23)  09-51     Change of Zone 05068A - Application of R.C.
               Krueger Development for an amendment to the
               Woodlands at Yankee Hill PUD and a change
               of zone from AG Agricultural District to
               R-3 Residential District PUD and for
               approval of a development plan for
               modifications to the Zoning and Land
               Subdivision Ordinances to develop
               approximately 31 dwelling units and a
               private school on property generally
               located at South 70th Street and Yankee
               Hill Road. (Related Items: 09R-64,
               09-50, 09-51)
               Fact Sheet (406K)

24)  09-52     Annexation No. 08005 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 26.3 acres of property
               generally located at North 90th Street and
               O Street. (Related Items: 09-52, 09-53)
               Fact Sheet (230K)
               Attachment (284K)

25)  09-53     Change of Zone No. 09008 - Application of
               Southeast Community College for a change of
               zone from P Public Use District to O-3
               Office Park District on property generally
               located at North 90th Street and O Street.
               (Related Items: 09-52, 09-53)
               Fact Sheet (326K)

26)  09-54     Change of Zone No. 09004 - 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.
               Fact Sheet (18K)

27)  09-55     Change of Zone No. 09007 - Application of
               the Planning Director to eliminate the
               Building Line District in Randolph Street
               from the centerline of South 46th Street to
               the west right-of-way line of South 47th
               Street.
               Fact Sheet (249K)

28)  09-56     Comp. Plan Conformity 09003 - Request of
               the Urban Development Department to declare
               approximately 2 acres of property generally
               located at the northwest corner of North
               27th Street and Center Street as surplus
               and authorizing the sale thereof to Matt
               Talbot Kitchen and Outreach. (Related
               Items: 09-56, 09-57, 09-58, 09-59)
               Fact Sheet (243K)

29)  09-57     Change of Zone 08074 - Application of the
               Planning Director for a change of zone from
               I-1 Industrial District to R-2 Residential
               District, H-3 Highway Commercial District
               and P Public Use 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 North 27th Street and
               Fair Street and North 27th Street and
               Center Street. (Related Items: 09-56,
               09-57, 09-58, 09-59)
               Fact Sheet (178K)

30)  09-58     Change of Zone 09006 - Application of the
               Urban Development Director to designate the
               former Northeast Branch "Carnegie" Library
               as a Landmark, on property generally
               located at North 27th Street and Center
               Street. (Related Items: 09-56, 09-57,
               09-58, 09-59)
               Fact Sheet (472K)
               Attachment (164K)

31)  09-59     Vacation 09003 - Application of the Urban
               Development Director to vacate the
               remaining portion of the north-south alley
               between North 26th Street and North 27th
               Street, north of Center Street, retaining
               title thereto in the City and authorizing
               the sale to Matt Talbot Kitchen and
               Outreach. (Related Items: 09-56, 09-57,
               09-58, 09-59)
               Fact Sheet (167K)


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

32)  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. (PASSED, 7-0; #19232)
               Fact Sheet (40K)

33)  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. (PASSED, 7-0; #19233)
               Fact Sheet (76K)

34)  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. (MTA #1 ADOPTED, 7-0; PASSED AS 
               AMENDED, 7-0; #19234)
               Fact Sheet (14K)


PENDING LIST - DATE CERTAIN

35)  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. (4/13/09
               - Action delayed w/ Public Hearing for 2
               weeks to 4/27/09)
               Fact Sheet (16K)


PENDING LIST    (EXTENDED ONE WEEK)

36)  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)

37)  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)

38)  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)

39)  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)

40)  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 27, 2009 AT 5:30 P.M.:
                                                 (APPROVED, 7-0)

41)  09R-62    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of April 1 -15,
               2009.
               Fact Sheet (14K)
               Attachment (23K)

42)  09R-63    Use Permit No. 140C - Application of Menard,
               Inc. to amend the Appian Way Regional Center to
               modify the off-street parking requirement for
               Menard's on property generally located northeast
               of the intersection of South 89th Street and
               Andermatt Drive.
               Fact Sheet (378K)

43)  09R-65    Approving an Agreement between the City and
               BryanLGH to transfer Medicare Recapture Credits
               from BryanLGH to the City in the amount of
               $153,872; to transfer $111,999 from the City to
               BryanLGH which represents accumulated income
               distributed from the Aaron H. Buckstaff Fund;
               and for BryanLGH to administer the Biba funds
               that resulted from a judgment dated May 11,
               2002. (Related Items: 09R-65, 09R-66, 
               09R-67)
               Fact Sheet (49K)
               Attachment (883K)

44)  09R-66    Approving a Memorandum of Understanding between
               the City and the Community Health Endowment for
               the final distribution of escrow funds and
               Medicare Recapture Credits to the Community
               Health Endowment and to require the Community
               Health Endowment to establish a contingency
               fund.
               Fact Sheet (49K)
               Attachment (146K)

45)  09R-67    Approving an agreement between BryanLGH, the
               City and US Bancorp to liquidate all escrowed
               funds and transfer these funds to the City.
               Fact Sheet (51K)
               Attachment (65K)


     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    4:04 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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