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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, JUNE 1, 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


                          - CONSENT AGENDA -


REPORTS OF CITY OFFICERS

 1)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on May 11, 2009. (PLACED ON FILE)

 2)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on May 18, 2009. (PLACED ON FILE)

 3)            Report from City Treasurer of City Cash on hand
               at the close of business April 30, 2009. 
               (PLACED ON FILE)

 4)            Resolution approving the City of Lincoln's
               Investment Activity Report from the City
               Treasurer for the Second Quarter, Fiscal Year
               2008-09.  (ADOPTED 7-0; A-85359)


PETITIONS & COMMUNICATIONS

 5)            Setting the hearing date of Monday, June 15,
               2009 at 1:30 p.m. for the Application of Todd P.
               Pfundt dba Sun Valley Bar & Grill for a Class C
               liquor license located at 300 West P Street.
               (ADOPTED 7-0; A-85360)

 6)            Setting the hearing date of Monday, June 15,
               2009 at 1:30 p.m. for the Application of
               Kabredlo's, Inc. dba Kabredlo's 127 for a Class
               D liquor license located at 4411 N. 27th Street.
               (ADOPTED 7-0; A-85361)

 7)            Setting the hearing date of Monday, June 15,
               2009 at 1:30 p.m. for the Application of Home
               Cookin' LLC dba Pat's BBQ & Nero's Pizza for a
               Class C liquor license located at 1401 Superior
               Street, Suite 7. (ADOPTED 7-0; A-85362)

 8)            Setting the hearing date of Monday, June 15,
               2009 at 1:30 p.m. for the Application of B & R
               Stores, Inc. dba Russ's Market #21 for an
               addition to premise of their existing Class C
               liquor license by adding a mezzanine measuring
               approx. 29 ft. by 136 ft. located at 1550 S.
               Coddington Avenue.  (ADOPTED 7-0; A-85363)

 9)            Setting the hearing date of Monday, June 15,
               2009 at 1:30 p.m. for the Application of Rogelio
               Arias dba Super Taco for an addition to premise
               of their existing Class I liquor license by
               adding a room approx. 30 ft. by 44 ft. located
               at 5501 Holdrege Street. (ADOPTED 7-0; A-85364)


10)  MISCELLANEOUS REFERRALS - NONE

                        - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

11)            Application of Red9 LLC dba Red9 for the
               addition of a beer garden area measuring
               approximately 100 feet by 132 feet to the north
               of the licensed premises at 322 South 9th
               Street.  (ADOPTED FOR APPROVAL, 7-0; A-85365)

12)            Application of Bugeater Investments Inc. dba The
               Watering Hole West for the addition of an
               outside sidewalk cafe‚ area measuring
               approximately 15 feet by 60 feet to the north of
               the licensed premises at 1550 South Coddington
               Avenue.  (ADOPTED FOR APPROVAL, 7-0; A-85366)

13)            Application of Twisted Steele Inc. dba The Bar
               for the addition of a catering license to its
               Class C liquor license at 1644 P Street.
               (ADOPTED FOR APPROVAL, 7-0; A-85367)

14)            Application of Ricardo Tiburcio Rico dba Los Dos
               Hermanos Mexican Cafe‚ for a Class C liquor
               license at 6117 Havelock Avenue.
               (ADOPTED FOR DENIAL, 7-0; A-85368)

15)            Application of 55 Degrees Inc. dba Bread & Cup
               for a Class C liquor license at 440 North 8th
               Street.  (ADOPTED FOR APPROVAL, 7-0; A-85369)

16)            Manager application of Kevin W. Shinn for 55
               Degrees Inc. dba Bread & Cup at 440 North 8th
               Street.  (ADOPTED FOR APPROVAL, 7-0; A-85370)


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

17)  09-44     Annexation No. 09002 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 1.88 acres of property
               generally located at South 84th Street and
               Firethorn Lane.
               Fact Sheet (191K)
               Attachment (254K)

18)  09-79     Change of Zone 09010 - 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 in the
               AG, AGR, R or O Districts to hold temporary
               or seasonal sales of goods at retail.
               (Request 2nd & 3rd Readings w/Action on 
               6/1/09)
               Fact Sheet (41K)

19)  09-80     Vacation 09004 - Vacating the east-west
               alley between North 23rd Street and North
               24th Street, north of P Street.
               Fact Sheet (271K)


PUBLIC HEARING - RESOLUTIONS

20)  09R-82    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of May 1 - 14,
               2009.  (ADOPTED, 7-0; A-85371)
               Fact Sheet (14K)
               Attachment (21K)

21)  09R-83    Approving GJJRB, LLC dba The Spigot Lounge as a
               keno satellite site at 1634 O Street.
               (ADOPTED, 7-0; A-85372)
               Fact Sheet (44K)

22)  09R-84    Approving the Amendment to Annexation Agreement
               between the City and Firethorn Golf Company and
               Firethorn Utility Service Company to revise the
               terms with respect to the water distribution
               system on property generally located at 85th
               Street and Pioneers Boulevard.
               (MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0; 
               A-85373)
               Attachment (775K)
               Motion To Amend 1 (497K)

23)  09R-85    Approving Amendment No. 1 Development and
               Conditional Zoning Agreement between Whitehead
               Oil Company and the City regarding sign
               regulations on property generally located at
               21st and K Streets.  (ADOPTED, 7-0; A-85374)
               Fact Sheet (351K)
               Attachment (1061K)

24)  09R-86    Waiver  09002 - Application of Lincoln Family
               Church to waive the parking lot surfacing
               requirement on property generally located two
               blocks south of the intersection of Highway 2
               and South 70th Street.  (MTA #1 ADOPTED, 7-0; 
               ADOPTED AS AMENDED, 7-0; A-85375)
               Fact Sheet (195K)
               Motion To Amend 1 (6K)

25)  09R-87    Approving the purchase of property located at
               21st and N Streets.  The purchase price and
               demolition costs related to the property total
               $1,750,000 of which $650,000 would come from the
               Advance Land Acquisition Fund.  (ADOPTED, 6-1; 
               CAMP, CARROLL, COOK, EMERY, SNYDER, SPATZ ASSENTING; 
               HORNUNG DISSENTING; A-85376)
               Fact Sheet (19K)
               Attachment (11K)


PUBLIC HEARING
ORDINANCE - 3RD READING WITH ACTION

26)  09-78     Amending Section 10.14.250 of the Lincoln
               Municipal Code, relating to speed
               regulations, to bring said section into
               conformity with state statute by providing
               a fine for traveling more than 35 mph over
               the authorized speed limit and establishing
               ranges for fines of twenty-one miles per
               hour to thirty-five miles per hour over the
               authorized speed limit, and thirty-six
               miles per hour or more over the authorized
               speed limit relating to the definition and
               fines for speeding in a construction zone;
               and repealing Section 10.14.250 of the
               Lincoln Municipal Code as hitherto
               existing. (5/18/09 - P.H. con't. to
               6/1/09 with Action)  (PASSED, 7-0; #19269)
               Fact Sheet (16K)

                        - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 27 & 
28 HAD 1ST READING)

27)  09-81     Amending Ordinance No. 19094, passed by the
               City Council on June 16, 2008, which
               amended Rule 3-3 of the Rules of Council,
               Decorum, Debate and Procedure, to eliminate
               the expiration date of one year after its
               effective date. 
               Fact Sheet (18K)

28)  09-82     Comp. Plan Conformity 08025 - Declaring
               approximately 6,600 sq. ft. of property
               generally located northwest of North 41st
               Street and Greenwood Street as surplus
               property and authorizing the sale thereof.
               Fact Sheet (800K)


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

     NONE


MAYOR'S VETO OF ORDINANCE NO. 19268

29)  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. (MOTION TO OVERRIDE VETO FAILED, 3-4; 
               CAMP, HORNUNG, SPATZ ASSENTING; CARROLL, COOK, 
               EMERY, SNYDER DISSENTING. VETO STANDS)
               Fact Sheet (16K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

30)  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)

31)  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)

32)  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)

33)  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)

34)  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)

35)  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)

36)  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.
               (5/11/09 - Placed on Indefinite Pending)


  WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, JUNE 8, 2009 AT 1:30 P.M.:
                                                 (APPROVED 7-0)

37)  09R-89    Reappointing Patrick Borer to the City Personnel
               Board for a five-year term expiring June 22,
               2014.

38)  09R-90    Reappointing Tony Messineo and Ed Schneider, OD,
               to the Lincoln-Lancaster County Board of Health
               for three-year terms expiring April 15, 2012.

39)  09R-91    Appointing Greg Munn to the Historic
               Preservation Commission for a three-year term
               expiring April 15, 2012.
               Attachment (33K)

40)  09R-92    Reappointing James McKee and Tim Francis to the
               Historic Preservation Commission for three-year
               terms expiring April 15, 2012.

41)  09R-93    Appointing Todd Fitzgerald to the Parks and
               Recreation Advisory Board for a term expiring
               April 27, 2011.
               Attachment (27K)

42)  09R-94    Reappointing Susan Rodenburg to the Parks and
               Recreation Advisory Board for three-year term
               expiring April 27, 2012.

43)  09R-95    Appointing Karen Moritz and Kory George to the
               StarTran Advisory Board for a three-year term
               expiring October 20, 2011.
               Attachment (58K)

44)  09R-96    Approving a Cooperative Agreement between the
               City of Lincoln and the Lower Platte South NRD
               for the management of the King Wetland Site
               generally located near North 27th Street and 
               I-180 for a five-year term commencing June 1, 
               2009 and terminating June 1, 1014. 
               Fact Sheet (51K)
               Attachment (466K)

45)  09R-97    Approving Amendment No. 1 to the Contract
               between the Nebraska Health and Human Services
               Division of Children and Family Services and the
               Lincoln Lancaster County Health Department for a
               Refugee Health Screening Program for new refugee
               arrivals and other eligible populations for the
               prevention and control of communicable disease
               pursuant to federal financial assistance for a
               period of July 1, 2008 to June 30, 2011.
               Fact Sheet (42K)
               Attachment (105K)

46)  09R-98    Approving a Contract between the City and
               Cornerstone Printing for Quick Copy Services and
               Related Services to all City Departments for a
               two year period with option to renew for two
               additional years.
               Fact Sheet (44K)
               Attachment (1782K)

47)  09R-99    Approving Funding Agreements between the City
               and the Nebraska Dept. of Roads for the use of
               federal Highway Infrastructure Investment Funds
               provided by the American Recovery and
               Reinvestment Act of 2009 for the following
               eligible projects:  Superior Street Bridge
               Rehabilitation (Project No. LCLC-5254(9));
               Arterial Street Rehabilitation Package A
               (Project No. LCLC-5220(3)); Arterial Street
               Rehabilitation Package B (Project No. LCLC-
               5236(2)); Arterial Street Rehabilitation Package
               C (Project No. LCLC-5214(4)); Arterial Street
               Rehabilitation Package D (Project No. LCLC-
               5247(11)); Arterial Street Rehabilitation
               Package E (Project No. LCLC-34-6(140)).
               Fact Sheet (13K)
               Attachment (2640K)


     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 JUNE ARE THE
     8TH AND THE 29TH.


ADJOURNMENT   2:41 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.
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The City Council Agenda and Action Sheet may be accessed on the Internet at:
                              lincoln.ne.gov
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