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Formal Agenda


       ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                  MONDAY, MAY 4, 2009 AT 1:30 P.M.

            THERE WILL BE NO COUNCIL MEETING THE WEEK OF
                       MAY 25TH DUE TO THE HOLIDAY

        ALL MEMBERS PRESENT.  COOK ARRIVED AT 2:00 P.M.

  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 levying the special taxes assessed
               for the costs of the improvements in the North
               27th Street Business Maintenance Improvement
               District against the benefitted
               properties.(ADOPTED, 7-0; A-85316)

 2)            Resolution levying the special taxes assessed
               for the costs of the improvements in the
               University Place Business Maintenance
               Improvement District against the benefitted
               properties.(ADOPTED, 7-0; A-85317)

 3)            Clerk's Letter and Mayor's Approval of
               ordinances and resolutions passed by Council on
               April 20, 2009. (PLACED ON FILE)

 4)            Clerk's Letter and Mayor's Approval of
               ordinances and resolutions passed by Council on
               April 27, 2009.  (PLACED ON FILE)
               
 5)            Report from City Treasurer of Cash on Hand at
               the close of business March 31, 2009.  (PLACED 
               ON FILE)


PETITIONS & COMMUNICATIONS

 6)            Informal request from M.E. "Bus" Whitehead of
               Whitehead Oil Company for creation of a water
               and sewer district at 84th and Cornhusker Highway.
               (REFERRED TO PUBLIC WORKS)
               Dept.)


 7)  MISCELLANEOUS REFERRALS

                  - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 8)            Application of Box Awesome LLC dba Box Awesome's
               Bourbon Theatre for a Class C liquor license at
               1415 O Street. (ADOPTED FOR APPROVAL, 7-0; A-85318)

 9)            Manager application of Jeremiah Moore for Box
               Awesome LLC dba Box Awesome's Bourbon Theatre at
               1415 O Street.(ADOPTED FOR APPROVAL, 7-0; A-85319)

10)            Application of Andrew L. Hubka dba Woodees for a
               Class C liquor license at 2001 West O Street.
		   (ADOPTED FOR APPROVAL, 7-0; A-85320)

11)            Application of Patricia Sanchez dba Las
               Herraduras for a Class C liquor license at 100
               North 1st Street, Suites 3 and 4.(ADOPTED FOR APPROVAL,
               7-0; A-85321)

12)            Application of Wiyual Ruach dba Johnny Disco for
               a Class I liquor license at 5800 Cornhusker
               Highway, Bldg. 1, Suites 10 and 11.
               (ADOPTED FOR APPROVAL, 7-0; A-85322)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 13 THRU18 HAD 2ND READING)

13)  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)

14)  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)

15)  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)

16)  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
               August 1, 2009 through July 31, 2010. 
               Fact Sheet (59K)
               Attachment (59K)

17)  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)

18)  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)


PUBLIC HEARING - RESOLUTIONS

19)  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)
               (CON'T. PUBLIC HEARING & ACTION ON 5/18/09, 7-0)
               Fact Sheet (65K)
               Attachment (107K)
               Motion To Amend 2 (120K)

20)  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.
               (ADOPTED, 7-0; A-85323)
               Fact Sheet (712K)
               Attachment (340K)

21)  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.(ADOPTED, 7-0; A-85324)

22)  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.
                (ADOPTED, 7-0; A-85325)

23)  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.(MTA #1 ADOPTED,
               7-0; ADOPTED AS AMENDED, 7-0; A-85326)
               Fact Sheet (69K)
               Attachment (1123K)


PUBLIC HEARING
ORDINANCES - 3RD READING - FOR COUNCIL ACTION

24)  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) (Request to delay action on this
               item until 5/4/09) (4/20/09 - Cont'd Public
               Hearing w/ Action on 5/4/09)
               (PASSED, 7-0; #19238)
               Fact Sheet (243K)
               Attachment (39K)

25)  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) (Request to delay
               action on this item until 5/4/09)  (4/20/09
               - Cont'd Public Hearing w/ Action on
               5/4/09)(PASSED, 7-0; #19239)
               Fact Sheet (323K)

                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 26 THRU 37 HAD 1ST READING)

26)  09-66     Creating Special Assessment Water District
               No. 1198 for the purpose of constructing a
               12-inch diameter water main or mains in
               North 58th Circle, north of Arbor Road
               approximately 600 feet and assessing the
               costs thereof against the benefitted properties.
               Fact Sheet (12K)
               Attachment (593K)

27)  09-67     Creating Improvement District No. 184 for
               the purpose of acquiring easements or
               additional right-of-way necessary for the
               construction of a 12-inch diameter water
               main or mains in North 58th Circle, north
               of Arbor Road approximately 600 feet and
               assessing the costs thereof against the
               benefitted properties.
               Fact Sheet (13K)
               Attachment (597K)

28)  09-68     Creating Special Assessment Water District
               No. 1199 for the purpose of constructing a
               12-inch diameter water main or mains east
               of North 58th Circle, north of Arbor Road,
               in Arbor Road Second Addition Condominium,
               and assessing the costs thereof against the
               benefitted properties.
               Fact Sheet (12K)
               Attachment (629K)

29)  09-69     Creating Improvement District No. 185
               the purpose of acquiring easements or
               additional right-of-way necessary for the
               construction a 12-inch diameter water main
               or mains east of North 58th Circle, north
               of Arbor Road, in Arbor Road Second
               Addition Condominium, and assessing the
               costs thereof against the benefitted
               properties.
               Fact Sheet (13K)
               Attachment (630K)

30)  09-70     Creating Special Assessment Water District
               No. 1200 for the purpose of constructing a
               12-inch diameter water main or mains east
               of North 56th Street, between Salt Creek
               and Arbor Road, and assessing the costs
               thereof against the benefitted properties.
               Fact Sheet (12K)
               Attachment (619K)

31)  09-71     Creating Improvement District No. 186 for
               the purpose of acquiring easements or
               additional right-of-way necessary for the
               construction a 12-inch diameter water main
               or mains east of North 56th Street, between
               Salt Creek and Arbor Road, and assessing
               the costs thereof against the benefitted
               properties.
               Fact Sheet (13K)
               Attachment (630K)

32)  09-72     Creating Special Assessment Sewer District
               No. 1184 for the purpose of constructing 8-
               inch and 12-inch diameter sanitary sewers
               east of North 56th Street from Salt Creek
               to Interstate 80, and assessing the costs
               thereof against the benefitted properties.
               Fact Sheet (12K)
               Attachment (511K)

33)  09-73     Creating Improvement District No. 187 for
               the purpose of acquiring easements or
               additional right-of-way necessary for the
               construction 8-inch and 12-inch diameter
               sanitary sewers east of North 56th Street
               from Salt Creek to Interstate 80, and
               assessing the costs thereof against the
               benefitted properties.
               Fact Sheet (13K)
               Attachment (519K)

34)  09-74     Street Name Change 09002 - Renaming
               Countryview Lane, located south of Yankee
               Hill Road and west of South 70th Street in
               Countrylane 1st Addition, as Countryview Road.
               Fact Sheet (177K)

35)  09-75     Authorizing the issuance of tax allocation
               bonds with a total not to exceed
               $950,000.00 for the City of Lincoln,
               Shoemaker's Travel Plaza Redevelopment Project.

36)  09-76     Amending Ordinance No. 19151 which
               authorized and provided for the issuance of
               a Perot System Redevelopment Project Tax
               Allocation Bond, Series 2009, in a total
               principal amount not to exceed $3,750,000.00.

37)  09-77     Amending Section 4.20.010 of the Lincoln
               Municipal Code relating to the Board of
               Directors of the Library Board of the City
               of Lincoln to amend the term of said
               directors; and repealing Section 4.20.010
               of the Lincoln Municipal Code as hitherto
               existing.
               Fact Sheet (16K)


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

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) (4/20/09 - Action
               delayed to 5/4/09) (PASSED, 7-0; #19240)
               Fact Sheet (220K)
               Attachment (296K)

39)  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)(ADOPTED, 7-0; A-85327)
               Attachment (227K)

40)  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) (PASSED, 7-0; #19241)
               Fact Sheet (234K)
               Attachment (338K)

41)  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) (MTA #1 ADOPTED, 7-0; PASSED AS AMENDED,
               7-0; #19242)
               Fact Sheet (406K)
               Motion To Amend 1 (7K)

42)  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)
               (PASSED, 7-0; #19243)
               Fact Sheet (230K)
               Attachment (284K)

43)  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)
               (PASSED, 7-0; #19244)
               Fact Sheet (326K)

44)  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.(MTA #1 ADOPTED, 7-0;
               PASSED AS AMENDED,  7-0; #19245)
               Fact Sheet (18K)
               Motion To Amend 1 (6K)

45)  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.
               (PASSED, 7-0; #19246)
               Fact Sheet (249K)

46)  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)
               (PASSED, 7-0; #19247)
               Fact Sheet (243K)

47)  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) (PASSED, 7-0; #19248)
               Fact Sheet (178K)

48)  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)(PASSED, 7-0; #19249)
               Fact Sheet (472K)
               Attachment (164K)

49)  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)(PASSED, 7-0; #19250)
               Fact Sheet (167K)


PENDING LIST - DATE CERTAIN

     NONE 



PENDING LIST	(EXTENDED ONE WEEK)

50)  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)

51)  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)

52)  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)

53)  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)

54)  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)

55)  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 11, 2009 AT 1:30 P.M.:
                                        (APPROVED, 7-0)

56)  09R-72    Reappointing Todd Blome to the City Audit
               Advisory Board for a three-year term expiring
               March 1, 2012.

57)  09R-73    Reappointing Jonathan Cook to the Parks and
               Recreation Advisory Board for a one-year term
               expiring April 17, 2010.

58)  09R-74    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of April 16 -
               30, 2009.
               Fact Sheet (14K)
               Attachment (21K)

59)  09R-75    Approving an Inter-Governmental Agreement
               between the Nebraska Department of Environmental
               Quality (NDEQ) and the City of Lincoln Watershed
               Management Division regarding the implementation
               of the Stormwater Best Management Practices
               Demonstration Projects.
               Fact Sheet (13K)
               Attachment (456K)

60)  09R-76    Establishing a Roads to Jobs Fund to make funds
               available for road projects, declaring a surplus
               of $8,000,000.00 in the Special Assessment
               Revolving Fund, and authorizing the transfer of
               said funds to the Roads to Jobs Fund.


     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. THERE IS ONLY
     ONE OPEN MICROPHONE  SESSION DURING THE MONTH OF MAY
     WHICH IS MAY  11TH.




ADJOURNMENT	3:25 P.M.



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