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Formal Agenda


           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, JULY 13, 2009 AT 1:30 P.M.

                          ALL MEMBERS PRESENT


      MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF JUNE 2009 WAS 
   PRESENTED TO A TEAM FROM THE PARKS & RECREATION DEPARTMENT - JIM 
          CHRASTIL AND JEFF WALLACE OF THE PARKS DIVISION IN
                     THE CATEGORY OF PRODUCTIVITY.


Anyone wishing to address an item on the Consent Agenda may do so at this time


                          - CONSENT AGENDA -

REPORTS OF CITY OFFICERS

 1)            Resolution approving the distribution of funds
               representing interest earnings on short-term
               investments of Idle Funds during the month ended
               May 31, 2009.  (ADOPTED, 7-0; A-85420)

 2)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on June 22, 2009.  (PLACED ON FILE)

 3)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on June 29, 2009.  (PLACED ON FILE)

 4)            Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for the month of June,
               2009.  (PLACED ON FILE)

 5)            Report from City Treasurer of City Cash on hand
               at the close of business May 31, 2009.
               (PLACED ON FILE)

 6)            Lincoln Airport Authority Resolution No. 518
               stating that no tax levy should be made for
               airport purposes for the fiscal year beginning
               July 1, 2009.  (PLACED ON FILE)

 7)            Report from City Treasurer of E911 Surcharge for
               May 2009:  ACN Comm. Services, AT&T Comm of
               Midwest, Budget Prepay, Comtel Telcom Assets,
               Granite Telecomm., iNetworks Group, Level 3
               Comm, Qwest Comm, TWC Digital Phone, 8x8 Inc.,
               Vonage America.  (PLACED ON FILE)

 8)            Report from City Treasurer of franchise tax for
               the month of May, 2009 from Black Hills/Nebraska
               Gas Utility Co., LLC.  (PLACED ON FILE)

 9)            Report from City Treasurer of Telecommunications
               Occupation Tax for April 2009: ACN Comm.,
               Advanced Tel Inc., Arizona Telephony Broadband
               Dynamics, AT&T Comm. of Midwest, Broadwing
               Comm., Business Telecom, Cellco Partnership,
               Cimco Comm., Cincinnati Bell Any Distance,
               Cinthex, CTI Long Distance, Global Crossing
               Telecomm., Granite Telecomm., Guaranteed Phone
               Service, IBM Global Services, Intellicall
               Operator Services, KDDI America, McLeodUSA
               Telecomm., Nebraska Technology & Telecomm., New
               Edge Networks, Norstan Network Services, Omaha
               Cellular Telephone, OnStar, New Cingular
               Wireless, NOS Comm., Network Billing Systems,
               Primus Telecomm., Quantum Shift, Qwest Comm.,
               Sioux City MSA, Telecorp Comm., Trans National,
               TCG Omaha, TON Services, TracFone Wireless, TWC
               Digital Phone, UCN Inc., USCOC of Greater Iowa,
               USCOC of Nebraska/Kansas, Verizon Long Distance,
               Verizon Select, Verizon Wireless, Virgin Mobile
               USA, VoiceCom, Windstream Nebraska, Windstream
               Systems of the Midwest, Working Assets Funding
               Service, XO Comm.; May 2009: Alltel Comm. of
               Nebraska, ATS Mobile Telephone, BT Americas,
               Business Telecom, Covista, Cricket Comm., D & D
               Comm., Enhanced Comm. Network, First
               Communications, Globalcom, GTC Telecom,
               Lightyear Network Solutions, MCI Comm., Nextel
               West Corp., NPCR Inc., SBC Long Distance, Sprint
               Comm., Sprint Spectrum, Tri-M Comm.,
               360networks, Unite Private Networks, WWC
               License, Wholesale Carrier Services, Yestel USA,
               Zone Telecom.  (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

10)            Setting the hearing date of Monday, August 3,
               2009 at 3:00 p.m. for the Application of
               Gemstone Hospitality Inc. dba Guesthouse Inn &
               Suites for a Class I liquor license located at
               5250 Cornhusker Hwy.  (ADOPTED, 7-0; A-85421)

11)            Setting the hearing date of Monday, August 3,
               2009 at 3:00 p.m. for the Application of ACR
               Corporation dba Jakes Cigar and Spirits for a
               Class C liquor license located at 101 N. 14th
               Street, Suite 1.  (ADOPTED, 7-0; A-85422)

12)            THE FOLLOWING HAS BEEN REFERRED TO THE 
               PLANNING DEPARTMENT:
               Special Permit No. 09015 - App. of John Rallis 
               for expansion of a nonconforming use to rebuild a 
               medical office with adjustments to setbacks on 
               property generally located at S. 40th Street 
               and A Street.


13) MISCELLANEOUS REFERRALS - NONE


                        - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

14)            Application of Rogelio and Maria Arias dba Super
               Taco II for a Class I liquor license at 500
               Westgate Blvd.  (ADOPTED FOR APPROVAL, 7-0; 
               A-85423)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 15 
THRU 17 HAD 2ND READING)

15)  09-87     Comp. Plan Conformance 09006 - Declaring
               approximately 21,300 sq. ft. of property
               generally located northwest of North 23rd
               Street and Q Street as surplus property and
               authorizing the sale thereof.
               Fact Sheet (240K)

16)  09-88     Change of Zone 09014HP - Application of
               John M. Moss to designate the Reimers Bungalow, 
               generally located at 2201 B Street, as 
               a historic landmark.
               Fact Sheet (417K)

17)  09-89     Approving a transfer of appropriations within 
               the Parks and Recreation Capital Improvement 
               Program in the amount of $100,000 from Irving 
               Recreation Center HVAC 409391-6132 (Keno) to 
               Pool Maintenance & Repair 409392-6134.
               Fact Sheet (46K)


PUBLIC HEARING - RESOLUTIONS

18)  09R-113   Waiver 09003 - Application of the All Nations
               Church of The Lord Jesus Christ to waive the
               parking lot surfacing requirement on property
               generally located southwest of the intersection
               of North 27th Street and Theresa Street.  
               (ADOPTED, 7-0; A-85424)
               Fact Sheet (207K)


                    - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 19 
THRU 22 HAD 1ST READING)

19)  09-90     Amending Chapters 2.62, 2.65, and 2.66 of
               the Lincoln Municipal Code regarding Tax-
               Qualified Plan language to obtain a new
               favorable letter of determination from the
               Internal Revenue Service.
               Fact Sheet (50K)
               Attachment (41K)

20)  09-91     Amending Section 1 of Ordinance No. 19240,
               passed by the City Council on April 27,
               2009, to include Blocks 23, 24 and 25,
               Cushman Addition, in the annexation of land
               generally located at N.W. 48th Street and
               West O Street.
               Fact Sheet (55K)

21)  09-92     Change of Zone 09009 - Amending Chapter
               27.69 of the Lincoln Municipal Code
               relating to signs by amending Section
               27.69.020 to revise and add definitions; by
               adding a new Section 27.69.021 to add a
               Figure 1, General Sign Types; by adding a
               new Section 27.69.022 to provide methods to
               calculate the sign area of various signs;
               by amending Section 27.69.030 to provide
               general requirements for signs including
               location, height, sign area, illumination,
               and additional provisions for certain
               specific types of signs; by amending
               Section 27.69.040 to adopt Sign Tables
               setting forth the sign requirements for
               various types of signs; by repealing
               Sections 27.69.041, 27.69.042, 27.69.043,
               27.69.044, 27.69.045, 27.69.046, 27.69.047,
               27.69.048, 27.69.049, 27.69.050, 27.69.060,
               27.69.070, 27.69.075, 27.69.080, 27.69.081,
               27.69.083, 27.69.130, 27.69.170, and
               27.69.210; by amending Sections 27.69.090,
               27.69.220, 27.69.240, 27.69.260, and
               27.69.330 to change a reference from ground
               sign to freestanding sign; by amending
               Section 27.69.100 to provide regulations
               for non-illuminated temporary real estate,
               construction and noncommercial signs; by
               amending Sections 27.69.110, 27.69.140,
               27.69.150, 27.69.180, 27.69.230, 27.69.240,
               and 27.69.260 to clarify that a reference
               to area is referring to "sign area" of a
               sign; by amending Section 27.69.160 to
               delete a requirement that the location,
               size and illumination of a sign for a
               special permitted use in a residential
               district must be specifically approved as
               part of the special permit approval; by
               amending Section 27.69.250 to modify
               provisions regarding the display of flags;
               by amending Section 27.69.310 to modify
               provisions regarding roof signs as an
               alternative to a freestanding sign and to
               change a reference from pole sign to
               freestanding sign; by amending Section
               27.69.340 to revise provisions for signs in
               Planned Unit Developments; and repealing
               Sections 27.69.020, 27.69.030, 27.69.040,
               27.69.090, 27.69.100, 27.69.110, 27.69.140,
               27.69.150, 27.69.160, 27.69.180, 27.69.220,
               27.69.230, 27.69.240, 27.69.250, 27.69.260,
               27.69.310, 27.69.330, and 27.69.340 of the
               Lincoln Municipal Code as hitherto
               existing.
               Fact Sheet (509K)

22)  09-93     Authorizing the issuance of not to exceed
               $16,000,000 Water Revenue Bonds of the
               City.


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

     NONE


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

23)  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)

24)  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)

25)  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)

26)  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)

27)  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)

28)  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)

29)  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. (6/29/09 - Placed on Pending, No
               Date Certain)
               Fact Sheet (43K)
               Attachment (108K)


 WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE 
   PUBLIC HEARING ON MONDAY, JULY 20, 2009, AT 1:30 P.M.
                                                 (APPROVED, 7-0)

30)  09R-118   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of June 16 - 30,
               2009. 
               Fact Sheet (14K)
               Attachment (19K)

31)  09R-124   Approving the naming of the North 27th Street
               Bridge for the MoPac Trail as the Elaine Hammer
               Bridge.
               Fact Sheet (38K)

32)  09R-125   Approving the naming of the shelter at the
               Jamaica North Trailhead near 25th and Saltillo
               Road as the Bryan Backhaus Shelter.
               Fact Sheet (40K)

33)  09R-127   Approving the 2009-2010 Maintenance and
               Management BID Budgets and Program of Work for
               the Downtown Lincoln Association Program for
               Fiscal Year 2009-10.
               Fact Sheet (41K)
               Attachment (249K)

34)  09R-114   Approving an Interlocal Agreement between the
               City and the Railroad Transportation Safety
               District for participation in the SW 40th
               Street/BNSF Overpass and Paving, City Project
               No. 700132.
               Fact Sheet (12K)
               Attachment (79K)

35)  09R-115   Approving an Interlocal Agreement between the
               City and the Railroad Transportation Safety
               District  for participation in the Antelope
               Valley Project funding - Phase I.
               Fact Sheet (13K)
               Attachment (80K)

36)  09R-116   Approving an Interlocal Agreement between the
               City and the Railroad Transportation Safety
               District for participation in the 18th and
               Holdrege Bridge Project, City Project No.
               702615.
               Fact Sheet (12K)
               Attachment (80K)

37)  09R-117   Amending an existing Interlocal Agreement
               between the City and the Railroad Transportation
               Safety District for the North Lincoln Quiet Zone
               Project, City Project No. 702616.
               Fact Sheet (12K)
               Attachment (44K)

38)  09R-119   Approving an Agreement between the Nebraska
               Department of Health and Human Services 
               Division of Children and Family Services and 
               the Lincoln Lancaster County Health Department 
               to provide direct medical services in the form 
               of health screening and vaccinations to refugees 
               by the Health Department for the period of 
               October 1, 2008 to September 30, 2010.
               Fact Sheet (42K)
               Attachment (1600K)

39)  09R-120   Approving the labor contract between the City
               and the Public Association of Government
               Employees (PAGE) effective August 20, 2009.
               Fact Sheet (36K)
               Attachment (402K)

40)  09R-121   Approving the labor contract between the City
               and the Amalgamated Transit Union effective
               August 20, 2009.
               Fact Sheet (39K)
               Attachment (150K)

41)  09R-122   Approving the labor contract between the City
               and the Lincoln M Class Employees Association
               (M) effective August 20, 2009.
               Fact Sheet (37K)
               Attachment (165K)

42)  09R-123   Approving the labor contract between the City
               and the Lincoln City Employees Association
               (LCEA) effective August 20, 2009.
               Fact Sheet (38K)
               Attachment (822K)

43)  09R-126   Approving the 2009-10 Work Plan for the
               Interlocal Agreement on Stormwater Management
               between the City and Lower Platte South Natural
               Resources District to address stormwater quality
               and quantity issues.
               Fact Sheet (12K)
               Attachment (141K)

44)  09R-128   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:  Holdrege Street Rehabilitation, 
               33rd to 47th (Project No. LCLC-5244(7)); Adams 
               Street Rehabilitation, 57th to 62nd (Project No. 
               LCLC-5250(3)); N. 70th Street Rehabilitation, 
               Aylesworth to Vine (Project No. LCLC-5247(12)); 
               and Holdrege Street Rehabilitation, 70th to 
               79th (Project No. LCLC-5400(13)).
               Fact Sheet (13K)
               Attachment (449K)
               Attachment (425K)
               Attachment (418K)
               Attachment (413K)


     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 JULY ARE THE 13TH AND THE 27TH.


ADJOURNMENT   2:08 P.M.


ANNOUNCEMENTS:
     Beginning August 3, 2009, City Council meetings will begin at 3:00 p.m.
     The last meeting of the month will continue at 5:30 p.m. 
     The August 10th Council meeting will begin at 1:30 p.m. due to the 
     2009/2010 City Budget and CIP public hearing to begin at 2:30 p.m.
     The Open Microphone sessions for August are: August 17th and 31st.
     



                                  ***
                        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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