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Formal Agenda


          AGENDA FOR THE REGULAR CITY COUNCIL MEETING TO BE HELD
                   MONDAY, APRIL 27, 2009 AT 5:30 P.M.

   BOARD OF EQUALIZATION  - N. 27TH ST. BUSINESS IMPROVEMENT DISTRICT

           BOARD OF EQUALIZATION - UNIVERSITY PLACE MAINTENANCE
                      BUSINESS IMPROVEMENT DISTRICT


                   REGULAR CITY COUNCIL MEETING BEGINS

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)       Request of Public Works to set a Public Hearing date
          of Monday, May 11, 2009, at 1:30 p.m. and place on
          the formal City Council Agenda the following:

          09-66          To provide authority to create & order
                         constructed under Special Assessment
                         District; water main, 12-inch
                         diameter, in North 58th Circle, 
                         Arbor Road north approx. 600 +/- feet 
                         and assess the costs thereof
                         against the benefitted properties.

          09-67          To provide authority to create & order
                         constructed under Improvement
                         District; for the acquisition of all
                         necessary easements or additional
                         right-of-way by negotiation & purchase
                         or by condemnation, if necessary, as
                         provided by law, for construction and
                         future maintenance of a public water
                         main, 12-inch diameter, in North
                         58th Circle, Arbor Road north
                         approx. 600 +/- feet and assess the
                         costs thereof against the benefitted
                         properties. 

          09-68          To provide authority to create & order
                         constructed under Special Assessment
                         District; two water mains, 12-inch
                         diameter, east of North 58th Circle, 
                         north of Arbor Road, in Arbor
                         Road Second Addition Condominium, and
                         assess the costs thereof against the
                         benefitted properties.

          09-69          To provide authority to create & order
                         constructed under Improvement
                         District; for the acquisition of all
                         necessary easements or additional
                         right-of-way by  negotiation &
                         purchase or by condemnation, if
                         necessary, as provided by law, for
                         construction & future maintenance of
                         two public water mains, 12-inch
                         diameter, east of North 58th Circle, 
                         north of Arbor Road, in Arbor
                         Road Second Addition Condominium, and
                         assess the costs thereof against the
                         benefitted properties. 

          09-70          To provide authority to create & order
                         constructed under Special Assessment
                         District; water mains, 12-inch
                         diameters, east of North 56th Street, 
                         from Alvo Road to Arbor Road,
                         and assess the costs thereof against
                         the benefitted properties.

          09-71          To provide authority to create & order
                         constructed under Improvement
                         District; for the acquisition of all
                         necessary easements or additional
                         right-of-way by  negotiation &
                         purchase or by condemnation, if
                         necessary, as provided by law, for
                         construction & future maintenance of
                         water mains, 12-inch diameters, east
                         of North 56th Street, from Alvo Rd. 
                         to Arbor Rd., and assess the costs 
                         thereof against the benefitted
                         properties.

          09-72          To provide authority to create & order
                         constructed under Special Assessment
                         District; sanitary sewers, ranging in
                         size from 8-inch to 12-inch diameters,
                         east of North 56th Street, from 
                         Alvo Road to Interstate 80, and
                         assess the costs thereof against the
                         benefitted properties.

          09-73          To provide authority to create & order
                         constructed under Improvement
                         District; for the acquisition of all
                         necessary easements or additional
                         right-of-way by  negotiation &
                         purchase or by condemnation, if
                         necessary, as provided by law, for
                         construction & future maintenance of
                         sanitary sewers, ranging in size from
                         8-inch to 12-inch diameters, east of
                         North 56th Street, from Alvo Road to 
                         Interstate 80, and assess the
                         costs thereof against the benefitted
                         properties.

 2)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on April 13, 2009. (Placed on file)

 3)            Report from City Treasurer of franchise tax for
               the month of March 2009 from Black Hills/
               Nebraska Gas Utility Co., LLC. (Placed on file)

 4)            Resolution approving the City of Lincoln's
               Investment Activity Report from the City
               Treasurer for the First Quarter, Fiscal Year
               2008-2009.


PETITIONS & COMMUNICATIONS

 5)            Setting the hearing date of Monday, May 11, 2009
               at 1:30 p.m. for the application of Old Federal
               Place, LLC dba Jasmine Room for the addition of
               a catering license to its Class I liquor license
               located at 129 N. 10th Street.

 6)            Setting the hearing date of Monday, May 11, 2009
               at 1:30 p.m. for the application of Old Federal
               Place LLC dba Jasmine Room for an addition to
               its licensed premise located at 129 N. 10th
               Street.

 7)            Setting the hearing date of Monday, May 11, 2009
               at 1:30 p.m. for the application of Blue Mango
               Holdings, LLC dba El Salvador Caf‚ for a Class C
               liquor license with catering located at 221
               South 9th Street.

 8)            Setting the hearing date of Monday, May 11, 2009
               at 1:30 p.m. for the application of Jose L.
               Meneses dba Liquor El Paisa for a Class D liquor
               license located at 100 N. 1st Street, Suite 6.

 9)            Setting the hearing date of Monday, May 11, 2009
               at 1:30 p.m. for the application of Stop 'N Shop
               Inc. dba Stop 'N Shop #3 for a Class D liquor
               license located at 4801 Randolph Street.

10)            Setting the hearing date of Monday, May 11, 2009
               at 1:30 p.m. for the application of Stop 'N Shop
               Inc. dba Stop 'N Shop #4 for a Class D liquor
               license located at 8350 Northwoods Drive.

11)            Setting the hearing date of Monday, May 11, 2009
               at 1:30 p.m. for the application of Stop 'N Shop
               Inc. dba Stop 'N Shop #5 for a Class D liquor
               license located at 5700 N. 33rd Street.

12)            Setting the hearing date of Monday, May 11, 2009
               at 1:30 p.m. for the application of Stop 'N Shop
               Inc. dba Stop 'N Shop #6 for a Class D liquor
               license located at 7000 O Street.

13)            Informal petition to create a paving district to
               pave the east-west alley bordered by 10th and
               11th Streets and G and H Streets submitted by
               John C. Ball for LOYA, LLC. (Referred to Public
               Works)

14)            The following have been referred to the Planning
               Department:
               Change of Zone No. 09010 - Req. of  Randy
               Bartelt amending Chapter 27.70 of the Lincoln
               Municipal Code relating to Zoning Code,
               Additional Use Regulations by adding a new
               section numbered 27.70.060 to allow churches to
               hold temporary or seasonal sales of goods at
               retail.
               Change of Zone No. 09011 - Req. of
               Andermatt, LLC, Southlake Planned Unit
               Development for a change of zone from AG
               Agricultural District to B-2 Planned
               Neighborhood Business District and R-8
               Residential District on property generally
               located at S. 91st Street and Highway 2; and for
               approval of a development plan which proposes
               waivers of sidewalks, block length, reduction of
               the B-2 setbacks to 0 feet, and the preliminary
               plat process in the underlying R-8 zoning.
               Special Permit No. 09008 - Req. of 
               Patricia Sanchez for the authority to sell
               alcoholic beverages for consumption on the
               premises on property generally located at 
               N. 1st Street and O Street.


15)  MISCELLANEOUS REFERRALS

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE


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

16)  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)

17)  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)

18)  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)

19)  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)

20)  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)

21)  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)

22)  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)

23)  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)

24)  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)

25)  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)

26)  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)


PUBLIC HEARING - RESOLUTIONS

27)  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)

28)  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)

29)  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)

30)  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.  (Related Items: 09R-65, 09R-66, 
               09R-67)
               Fact Sheet (49K)
               Attachment (146K)

31)  09R-67    Approving an agreement between BryanLGH, the
               City and US Bancorp to liquidate all escrowed
               funds and transfer these funds to the City.
               (Related Items: 09R-65, 09R-66, 09R-67)
               Fact Sheet (51K)
               Attachment (65K)


PUBLIC HEARING
ORDINANCE - 3RD READING - FOR COUNCIL ACTION

32)  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)
               Motion To Amend 1 (6K)

                       - END PUBLIC HEARING -


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

33)  09-60     Approving the lease agreement between the
               City and Dittmer & Dittmer of Crete for the
               lease of office space by the Lincoln Area
               Agency on Aging for its Lincoln Information
               for the Elderly (LIFE) Program at 1005 E.
               Highway 33, Suite 6, Crete, NE 68333 for a
               term of May 1, 2009 through May 31, 2010.
               Fact Sheet (60K)
               Attachment (59K)

34)  09-61     Approving the lease agreement between the
               City and Erik Alm, Wahoo for the lease of
               office space by the Lincoln Area Agency on
               Aging for its Lincoln Information for the
               Elderly (LIFE) Program at 1325 N. Chestnut
               St., Wahoo, NE 68066 for a term of July 1,
               2009 through June 30, 2010.
               Fact Sheet (58K)
               Attachment (70K)

35)  09-62     Approving the lease agreement between the
               City and Scott and Cindy Jensen for the
               lease of office space by the Lincoln Area
               Agency on Aging for its Lincoln Information
               for the Elderly (LIFE) Program at 320 N.
               State Street, Osceola, NE 68651 for a term
               of June 1, 2009 through May 31, 2010.
               Fact Sheet (60K)
               Attachment (65K)

36)  09-63     Approving the lease agreement between the
               City and Mueller/Bigert Rentals for the
               lease of office space by the Lincoln Area
               Agency on Aging for its Lincoln Information
               for the Elderly (LIFE) Program at 137 N.
               8th Street, Geneva, NE 68361 for a term of
               July 1, 2009 through June 30, 2010.
               Fact Sheet (59K)
               Attachment (59K)

37)  09-64     Amending Section 1 of Ordinance No. 19208,
               passed by the City Council on March 2,
               2009, to include Lot 77 I.T., Section 3,
               Township 10 North, Range 7 East of the 6th
               P.M., in the annexation of land generally
               located at North 84th Street and Cornhusker
               Highway.
               Fact Sheet (18K)

38)  09-65     Amending Section 1 of Ordinance No. 19212,
               passed by the City Council on March 2,
               2009, annexing that portion of Lot 23 I.T.
               located in Section 17, Township 10 North,
               Range 6 East of the 6th P.M., Lancaster
               County, Nebraska (generally located at N.W.
               39th Street and W. Adams Street) to include
               that portion of said Lot 23 I.T. located in
               Section 18, Township 10 North, Range 6 East
               of the 6th P.M.
               Fact Sheet (18K)


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

39)  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.

40)  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)


PENDING LIST - DATE CERTAIN

41)  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) (4/20/09 - Action
               delayed to 5/4/09)
               Fact Sheet (220K)
               Attachment (296K)

42)  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) (4/20/09 - Cont'd
               Public Hearing w/ Action on 5/4/09)
               Fact Sheet (243K)
               Attachment (39K)

43)  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) 
               (4/20/09 - Cont'd Public Hearing w/ Action
               on 5/4/09)
               Fact Sheet (323K)

44)  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.  (4/20/09 - Cont'd Public
               Hearing w/ Action for two weeks to 5/4/09)
               Fact Sheet (65K)
               Attachment (107K)


PENDING LIST

45)  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)

46)  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)

47)  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)

48)  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)

49)  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)

50)  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) (4/20/09 - Placed on Pending
               Indefinitely)
               Fact Sheet (13K)
               Attachment (385K)


 WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, MAY 4, 2009 AT 1:30 P.M.:

51)  09R-68    Comp. Plan Conformity 09004 - Approving and
               adopting proposed amendments to the Lincoln
               Center Redevelopment Plan by amending an
               existing project known as the Lincoln Mall
               Redevelopment Project on property generally
               located between 10th and 14th Streets.
               Fact Sheet (712K)
               Attachment (340K)

52)  09R-69    Declaring the official intent of the City to
               reimburse certain expenses in connection with
               the acquisition and construction of improvements
               to the City's water supply and distribution
               system from the proceeds of the City of Lincoln,
               Nebraska Water Revenue Bonds.

53)  09R-70    Declaring the official intent of the City to
               reimburse certain expenses in connection with
               the acquisition and construction of improvements
               to the City's water supply and distribution
               system from the proceeds of the City of Lincoln,
               Nebraska Sanitary Sewer Revenue Bonds.

54)  09R-71    Approving the Shoemaker Travel Plaza
               Redevelopment Agreement between the City and
               Shoemakers Truck Station, Inc., relating to the
               redevelopment of property generally located at
               S.W. 48th Street and West O Street.
               Fact Sheet (69K)

     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


                                   ***
                        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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