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Formal Agenda


            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, JUNE 22, 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 City
               Council on June 1, 2009.  (PLACED ON FILE)

 2)            Report from City Treasurer of Franchise Tax for
               the month of April 2009 from Black
               Hills/Nebraska Gas Utility Company, LLC. 
               (PLACED ON FILE)

 3)            Report from City Treasurer of Telecommunication
               Occupational Tax for the months of Jan.-March,
               2009: Matrix, Reliance, Startec Global
               Operating, Southwest, OPEX, MegaPath; March,
               2009: Sprint, Cricket, Windstream Nebraska #150,
               Windstream Systems of the Midwest, Windstream
               Nebraska #494, Verizon, New Cingular, USCOC of
               Greater Iowa, AT&T Comm. of Midwest, Virgin
               Mobile USA, Qwest, Omaha Cellular, TWC Digital
               Phone, Nebraska Technology & Telecomm., NOSVA,
               UCN, USCOC of NE/KS, McLeodUSA, IDT Domestic,
               PNG, CTI Long Distance, Cellco Partnership,
               AireSpring, Granite, Broadwing, Verizon Select,
               Working Assets AccessLine, Trans Nat'l Comm.,
               OnStar, i-wireless, ACN, Flying J, IBM Global,
               Primus, Guaranteed Phone, Arizona Telephony,
               Telecorp, Verizon Long Distance, CIMCO, Global
               Crossing, Norstan Network, Comtel Telecom
               Assets, Network Billing, KDDI America,
               Globalstar USA, XO, EarthLink, Cinncinnati Bell
               Any Distance, TCG Omaha, New Edge Networks,
               VoiceCom, TracFone Wireless, Sioux City MSA,
               ATI, Intellical Operator, Quantum Shift; April
               2009; Unite Private Networks, Alltel Comm. of
               NE, Alltel, D&D, Sprint Spectrum, MCI, Nextel,
               Cricket, Sprint, Nextel West, Zone Telecom,
               Enhanced, Tri-M, Lightyear Network, GTC, SBC
               Long Distance, BT Americas, First Comm.,
               Globalcom, Covista, Yestel USA, 360networks,
               Wholesale Carrier, ATS Mobile.  
               (PLACED ON FILE)

 4)            Report from City Treasurer of 911 Telecommunication 
               Occupational Tax for month of March 2009: iNetworks 
               Group; April 2009: Vonage America, ACN, iNetworks, 
               Budget Prepay, Level 3, Level 3, Granite Telecomm., 
               TWC Digital Phone, TWC Digital Phone, AT&T Comm. 
               of Midwest, Qwest, 8x8, Vonage America, Comtel 
               Telcom Assets, ACN, AT&T Comm. of Mdiwest. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 5)            THE FOLLOWING HAVE BEEN REFERRED TO THE 
               PLANNING DEPARTMENT:
               Special Permit No. 500B - Req. by
               Montessori School for an amendment to the
               special permit for a private school to include
               an evening adult component on property generally
               located at Austin Drive and Antelope Creek Road.
               Special Permit No. 09013 - Req. by Tuyet
               Nguyen for the authority to sell alcoholic
               beverages for consumption on the premises on
               property generally located at North 27th Street
               and Y Street.


 6)  MISCELLANEOUS REFERRALS - NONE

                        - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

 7)            Application of Lincoln Meadows Social Hall, Inc.
               dba Lincoln Meadows Social Hall for a Class I
               liquor license at 3235 N. 35th Street.
               (ADOPTED, 7-0; A-85405)

 8)            Manager application of Frank J. Schmal III for
               Lincoln Meadows Social Hall, Inc. dba Lincoln
               Meadows Social Hall at 3235 N. 35th Street.
               (ADOPTED, 7-0; A-85406)

 9)            Application of Vaneiser LLC dba The Venue
               Restaurant & Lounge for the addition of an
               outdoor area consisting of a  sidewalk caf‚ area
               measuring approximately 40 feet by 10 feet to
               the south of the licensed premises at 4111
               Pioneer Wood Drive, Suite 100.
               (ADOPTED, 7-0; A-85407)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 10 
THRU 12 HAD 2ND READING)

10)  09-84     Amending Chapter 20.10 of the Lincoln
               Municipal Code, the Lincoln Residential
               Building Code by amending Section 20.10.710
               to include Chapters 13, 14, 15, 16, 17, and
               18 of the International Residential Code,
               as part of the Lincoln Residential Building
               Code; and repealing Section 20.10.710 of
               the Lincoln Municipal Code as hitherto
               existing.
               Fact Sheet (45K)

11)  09-85     Amending Title 25 of the Lincoln Municipal
               Code relating to Heating by creating a new
               Chapter 25.04 to adopt the 2006 edition of
               the International Mechanical Code and
               Appendix Chapters A and B regulating and
               governing the design, construction, quality
               of materials, erection, installation,
               alteration, repair, location, relocation,
               replacement, addition to, use or
               maintenance of mechanical systems within
               the City of Lincoln and within three miles
               thereof and outside the limits of any other
               incorporated city or village; providing for
               the issuance of permits and collection of
               fees therefor; repealing Chapter 25.03 of
               the Lincoln Municipal Code as hitherto
               existing; and establishing the operative
               date as 60 days after passage of the
               ordinance.
               Fact Sheet (45K)

12)  09-86     Amending Title 25 of the Lincoln Municipal
               Code relating to Heating by creating a new
               Chapter 25.10 to adopt the International
               Fuel Gas Code, 2006 edition, including
               Appendix Chapters B and C, regulating and
               governing fuel gas systems and gas-fired
               appliances within the City of Lincoln and
               within three miles thereof and outside the
               limits of any other incorporated city or
               village, and the regulations, provisions,
               penalties, conditions and terms of said
               Fuel Gas Code; and establishing the
               operative date for this ordinance as 60
               days after passage.
               Fact Sheet (48K)


PUBLIC HEARING - RESOLUTIONS

13)  09R-102   Approving the Fiscal Year 2009 Action Plan: One
               Year Use of Funds for HUD Entitlement Programs.
               (MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 
               7-0; A-85408)
               Fact Sheet (58K)
               Attachment (966K)


                        - END PUBLIC HEARING -


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

     NONE


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

14)  09-83     Amending Ordinance No. 19223 which authorized 
               and provided for the issuance of
               Lincoln Flats/Bank of the West Redevelopment 
               Project Taxable Tax Allocation Bond, Series 
               2009A and Series 2009B in a total principal 
               amount not to exceed $764,000.
               (PASSED, 7-0; #19274)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

15)  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)

16)  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)

17)  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)

18)  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)

19)  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)

20)  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 29, 2009 AT 5:30 P.M.:
                                                (APPROVED, 7-0)

21)  09R-88    Appointing Dr. David R. Smith to the Lincoln-
               Lancaster County Board of Health for a three-
               year term expiring April 15, 2012.
               Attachment (27K)

22)  09R-106   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of June 1 - 15,
               2009.
               Fact Sheet (14K)
               Attachment (21K)

23)  09R-103   Approving an Interlocal Agreement between
               Lincoln Public Schools and the City of Lincoln
               to construct Stormwater Best Management
               Practices at Arnold Elementary School generally
               located southwest of W. Cuming and N.W. 48th
               Streets.
               Fact Sheet (43K)
               Attachment (108K)

24)  09R-104   Approving a transfer of appropriations in the
               amount of $25,000.00 from the City Council
               Contingency Account to Auditing Services for
               funding the Nebraska State Auditors Attestation
               Review of the Antelope Valley project.
               Fact Sheet (13K)

25)  09R-105   Approving a request for relaxation of standards
               from the State of Nebraska, Board of Public
               Roads Classifications and Standards for the use
               of 10 foot wide lanes on City Projects: 701809 -
               P Street, S. 17th to S. 27th; 701811 - Vine
               Street, N. 70th to Sierra and Adams Street, 
               I-180 to N. 14th; 701812 - O Street, N. 15th to 
               N. 25th; 540012 - N. 70th Street, Aylesworth to
               Vine; and 540013 - Holdrege Street, N. 70th to
               N. 79th.
               Fact Sheet (13K)

26)  09R-107   Approving an Inter-Governmental Agreement
               between the Nebraska Department of Environmental
               Quality (NDEQ) and the City of Lincoln regarding
               the implementation of the Section 319 Project
               entitled "Antelope Creek Main Stem Water Quality
               Project."
               Fact Sheet (13K)
               Attachment (1761K)

27)  09R-108   Approving a transfer of appropriations in the
               amount of $150,000.00 from General
               Expense/Shared Services - Corrections to
               Interfund Transfers/City Share - Auditorium for
               additional funding due to a current year
               operating shortfall for Pershing Auditorium.
               Fact Sheet (62K)


     At the 2/9/09 City Council Organizational Meeting, the
     Register to Speak Session was repealed by a consensus of
     members present.


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   1:51 P.M.


                                   ***
                        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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