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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, OCTOBER 27, 2008 AT 5:30 P.M.

                   ALL MEMBERS PRESENT EXCEPT ESCHLIMAN

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)            Affidavit of Mailing for Board of Equalization
               Meeting for Downtown Business Improvement
               District, Core Business Improvement District
               Overlay & Downtown Maintenance District to be
               held on Monday, November 10, 2008 at 5:30 p.m.
               (PLACED ON FILE)

 2)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on October 13, 2008. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 3)            THE FOLLOWING HAVE BEEN REFERRED TO THE 
               PLANNING DEPARTMENT:
               Change of Zone No. 3134D - App. of CaseyCo Inc. 
               for an amendment to the Willow Springs Planned 
               Unit Development to expand the boundary by 
               approximately .41 acre and to allow
               approximately 3,500 square feet of additional
               office floor area on property generally located
               at Pioneers Boulevard and Lucile Drive.
               Special Permit No. 08045 - App. of 
               Evangelical Lutheran Church for an early
               childhood care facility on property generally
               located at Touzalin Avenue and Fremont Street.
               The Planning Commission action is final action
               unless appealed to the City Council.
               Special Permit No. 08046 - App. of MCS
               Custom Homes for expansion of a nonstandard
               single family dwelling into the required side
               yard on property located at 1601 Cheyenne
               Street. The Planning Commission action is final
               action unless appealed to the City Council.


 4)  MISCELLANEOUS REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING 
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 5 
THRU 15 HAD 2ND READING, SEE ITEMS 6 THRU 11)

 5)  08-147    Amending Chapter 27.35 of the Lincoln Municipal
               Code by adding a new Figure 27.35.070(a) to
               reflect maximum heights within the B-4 district
               at the end of Chapter 27.35 as provided for in
               Section 27.35.070.
               Fact Sheet (19K)
               Attachment (128K)

 6)  08-148    Request for Bond Ordinance authorizing the
               issuance of not to exceed $932,000.00 City of
               Lincoln, Nebraska Block 85 Redevelopment Project
               tax allocation bonds. (Related Items: 08-148,
               08R-268, 08R-269) (CON'T P.H. LIMITED TO APPLICANTS' 
               TESTIMONY W/ACTION TO 11/3/08, 4-2; CAMP, COOK, EMERY, 
               MARVIN ASSENTING; SPATZ, SVOBODA DISSENTING) 

 7)  08R-268   Approving the Block 85 Redevelopment Agreement
               between Haymarket South, LLC, WRK, LLC,
               Airspace, LLC, and the City relating to the
               redevelopment of property generally located on
               Block 85 from 8th to 9th Streets, and M Street
               to Rosa Parks Way. (Related Items: 08-148,
               08R-268, 08R-269) (Action Date: 11/3/08) 
               (CON'T P.H. LIMITED TO APPLICANTS' TESTIMONY W/ACTION 
               TO 11/3/08, 4-2; CAMP, COOK, EMERY, MARVIN ASSENTING; 
               SPATZ, SVOBODA DISSENTING)
               Fact Sheet (28K)
               Attachment (2928K)
               Motion To Amend 1 (3672K)

 8)  08R-269   Amending the FY 08/09 CIP to authorize and
               appropriate $932,000 in TIF funds for the Block
               85 Redevelopment Project generally located on
               Block 85 from 8th to 9th Streets and M Street to
               Rosa Parks Way. (Related Items: 08-148, 
               08R-268, 08R-269) (Action Date: 11/3/08)
               (CON'T P.H. LIMITED TO APPLICANTS' TESTIMONY W/ACTION 
               TO 11/3/08, 4-2; CAMP, COOK, EMERY, MARVIN ASSENTING; 
               SPATZ, SVOBODA DISSENTING)
               Fact Sheet (26K)

 9)  08-149    Request for Bond Ordinance authorizing the
               issuance of not to exceed $2,800,000.00 City of
               Lincoln, Nebraska North Haymarket Arts and
               Humanities Phase II Redevelopment Project tax
               allocation bonds. (Related Items: 08-149,
               08R-270, 08R-271) (CON'T P.H. LIMITED TO APPLICANTS' 
               TESTIMONY W/ACTION TO 11/3/08, 4-2; CAMP, COOK, EMERY, 
               MARVIN ASSENTING; SPATZ, SVOBODA DISSENTING)

10)  08R-270   Approving the North Haymarket Arts and
               Humanities Phase II Redevelopment Agreement
               between Block 21, LLC and the City relating to
               the redevelopment of property generally located
               at 8th and R Streets. (Related Items: 08-149,
               08R-270, 08R-271) (Action Date: 11/3/08)
               (CON'T P.H. LIMITED TO APPLICANTS' TESTIMONY W/ACTION 
               TO 11/3/08, 4-2; CAMP, COOK, EMERY, MARVIN ASSENTING; 
               SPATZ, SVOBODA DISSENTING)
               Fact Sheet (28K)
               Attachment (2871K)
               Motion To Amend 1 (2979K)

11)  08R-271   Amending the FY 08/09 CIP to authorize and
               appropriate $2.8 million in TIF funds for the
               North Haymarket Arts and Humanities Phase II
               Redevelopment Project generally located at 8th
               and R Streets. (Related Items: 08-149, 
               08R-270, 08R-271) (Action Date: 11/3/08)
               (CON'T P.H. LIMITED TO APPLICANTS' TESTIMONY W/ACTION 
               TO 11/3/08, 4-2; CAMP, COOK, EMERY, MARVIN ASSENTING; 
               SPATZ, SVOBODA DISSENTING)
               Fact Sheet (26K)

12)  08-150    Change of Zone 08017 - Amending Title 27 of the
               Lincoln Municipal Code relating to Zoning by
               amending Section 27.05.020 to delete references
               to the dates of the Lincoln Airport Zoning Map
               and the Airport Environs Noise District Map; by
               amending Sections 27.11.040, 27.13.040,
               27.15.040, 27.17.040, 27.19.040, 27.21.040,
               27.23.040, and 27.24.040, to delete expansion of
               nonstandard single and two-family dwellings into
               required yards as a permitted special use in the
               R-1 through R-8 zoning districts; by amending
               Section 27.27.020 to delete the restriction that
               technology transfer industries or applications
               must be in an area designated in the
               Comprehensive Plan as a technology park; by
               amending Section 27.51.030 to delete a reference
               to Employment Center; by amending Section
               27.61.090 to delete a reference to repealed
               Section 27.63.540; by amending Section 27.63.260
               to delete a reference to County Land Use Map
               (Figure 17); by amending Sections 27.63.380,
               27.70.050, and 27.80.105 relating to special
               permits for flood plain construction,
               requirements after approval of final plot plans,
               and flood plain development permits,
               respectively, to delete references to repealed
               Chapter 27.55 (Flood Plain District) and to add
               correct references to the Lincoln Municipal
               Code; by repealing Section 27.63.540 relating to
               special permits for expansion of nonstandard 
               single and two-family dwellings into required 
               yards; by amending Section 27.83.020 to change 
               a reference from the City of Lincoln's 2025 
               Comprehensive Plan to the Lincoln-Lancaster 
               County 2030 Comprehensive Plan; and repealing 
               Sections 27.05.020, 27.11.040, 27.13.040, 
               27.15.040, 27.17.040, 27.19.040, 27.21.040, 
               27.23.040, 27.24.040, 27.27.020, 27.51.030, 
               27.61.090, 27.63.260, 27.63.380, 27.70.050, 
               27.80.105, and 27.83.020 of the Lincoln 
               Municipal Code as hitherto existing.
               Fact Sheet (17K)

13)  08-151    Misc. 08011 - Amending Title 26 of the Lincoln
               Municipal Code relating to the Land Subdivision
               Ordinance by amending Section 26.11.037 to
               delete the provisions regarding expiration of an
               application for a preliminary plat which has
               been placed on pending; by amending Section
               26.11.060 to delete provisions regarding the
               expiration of final plats; by amending Section
               26.19.010 to delete the requirement that
               signatures be in black opaque ink; by amending
               Section 26.31.010 to delete the provision
               regarding the expiration of existing requests
               for modification of the requirements of Title
               26; by creating a new Chapter 26.35 entitled
               General Provisions by adding a new section
               numbered 26.35.010 to provide provisions for
               amending Title 26 and adding a new section
               numbered 26.35.020 to provide provisions for
               expiration of applications; and repealing
               Sections 26.11.037, 26.11.060, 26.19.010, and
               26.31.010 of the Lincoln Municipal Code as
               hitherto existing.
               Fact Sheet (17K)

14)  08-152    Change of Zone 08049 - Request of RJL
               Development North, Ltd. for a change of zone
               from O-3 Office Park District to B-2 Planned
               Neighborhood Business District on approximately
               7.75 acres of property generally located at
               South 40th Street and Old Cheney Road. 
               (08-152, 08R-273)
               Fact Sheet (249K)

15)  08R-273   Use Permit 58G - Application of RJL Development
               North, Ltd. to amend the Williamsburg Village
               use permit to show a change of zone from O-3 to
               B-2 to accommodate the expansion of the existing
               HyVee store and to update the land use table and
               site layout, including a request to reduce
               setbacks within the designated buildable area to
               zero, on property generally located at South
               40th Street and Old Cheney Road. (08-152,
               08R-273) (Action Date: 11/3/08)
               Fact Sheet (490K)


PUBLIC HEARING - RESOLUTIONS

16)  08R-242   Authorizing acceptance of the low bid which is
               in excess of 25% over the estimate for Paving
               Unit 141 on Q Street from 35th to 36th Street.
               (ACTION DELAYED TO 11/3/08 DUE TO A TIE VOTE, 3-3; 
               CAMP, MARVIN, SVOBODA ASSENTING; COOK, EMERY, 
               SPATZ DISSENTING)
               Fact Sheet (69K)
               Attachment (1306K)

17)  08R-243   Authorizing acceptance of the low bid which is
               in excess of 25% over the estimate for Sanitary
               Sewer District 1183 in L Street at South 37th
               Street from existing manhole east approximately
               170 feet. (ADOPTED, 6-0;  A-85097)
               Fact Sheet (75K)
               Attachment (848K)

18)  08R-266   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of October 1 -
               15, 2008. (ADOPTED, 6-0; A-85098)
               Fact Sheet (14K)
               Attachment (20K)

19)  08R-267   Approving an Extension Agreement between the
               City of Lincoln and Lincoln Public Schools to
               extend an Interlocal Agreement whereby property
               annexed by the City which is currently subject
               to pay for bonded indebtedness of its current
               school district will be exempt from levy for
               bonded indebtedness of Lincoln Public Schools
               which exists at the time of annexation.
               (ADOPTED, 6-0; A-85099)
               Fact Sheet (18K)
               Attachment (39K)

20)  08R-272   Special Permit 08039 - Application of Lincoln
               Federal Bancorp, Inc. for authority to develop
               Stone Bridge View Community Unit Plan for 35
               single-family lots and 31 lots that may be a
               combination of single-family detached, two-
               family or townhouses, together with a request to
               waive the requirements of the Land Subdivision
               Ordinance to reduce the average lot width for
               single family detached dwellings, minimum lot
               area requirement and depth-to-width ratio, on
               property generally located southeast of North
               14th Street and Humphrey Drive. 
               (MTA #1 ADOPTED, 6-0; MTA #2 ADOPTED, 6-0; 
               ADOPTED AS AMENDED, 4-2; CAMP, EMERY, MARVIN, 
               SVOBODA ASSENTING; COOK, SPATZ DISSENTING; 
               A-85100)
               Fact Sheet (1238K)

21)  08R-274   Use Permit 154D - Application of Buffalo Grass,
               LLC to amend the Wilderness Hills use permit to
               allow two additional on-premise signs beyond the
               requirements of the B-2 zoning district, to be
               placed in the roundabout on S. 30th Street,
               generally located southeast of the intersection
               of S. 27th Street and Yankee Hill Road.
               (ADOPTED, 6-0; A-85101)
               Fact Sheet (454K)


                          - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEM 22 
HAD 1ST READING)

22)  08-153    Amending Ordinance No. 19110, passed by the City
               Council on July 28, 2008, to include Lots 14-19,
               Block 3, McMurtry's Addition, in the change of
               zone from R-6 Residential District to O-1 Office
               District, on property generally located at the
               southeast corner of South 18th Street and K
               Street.
               Fact Sheet (18K)


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

23)  08-143    Amending Ordinance No. 19143, passed by the City
               Council on September 22, 2008, to correct the
               legal description for the surplus property
               generally located at South 46th Street and O
               Street (Comp. Plan Conformance 07023).
               (PASSED, 6-0; #19165)
               Fact Sheet (18K)

24)  08-144    Amending Title 10 of the Lincoln Municipal Code
               by creating a new Chapter 10.55, Electric
               Personal Assistive Mobility Devices, to define
               the same, to regulate the use thereof, and to
               provide penalties for violations.
               (MTA #1 ADOPTED, 6-0; PASSED AS AMENDED, 6-0; 
               #19166)
               Fact Sheet (91K)
               Motion To Amend 1 (7K)

25)  08R-260   Approving the Pine Woods Conditional Annexation
               and Zoning Agreement between the City and Realty
               Trust Group relating to the annexation of
               approximately 4.87 acres of property generally
               located on the west side of South 70th Street
               and south of Pine Lake Road. (Related Items:
               08-R-260, 08-145, 08-146) (Action Date:
               10/27/08) (ADOPTED, 6-0; A-85102)
               Attachment (26K)

26)  08-145    Annexation No. 08006 - Application of Realty
               Trust Group to amend the Lincoln Corporate
               Limits Map by annexing approximately 4.87 acres
               of property generally located at South 70th
               Street and Pine Lake Road.  (Related Items:
               08-R-260, 08-145, 08-146) (PASSED, 6-0; #19167)
               Fact Sheet (211K)
               Attachment (342K)

27)  08-146    Change of Zone 08041 - Application of Realty
               Trust Group for a change of zone from AGR
               Agricultural Residential 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 11 dwelling units and
               approximately 53,000 square feet of office,
               retail and/or commercial floor area on property
               generally located at South 70th Street and Pine
               Lake Road.  (Related Items: 08-R-260, 08-145,
               08-146) (PASSED, 6-0; #19168)
               Fact Sheet (581K)


PENDING LIST - DATE CERTAIN

     NONE

PENDING LIST   (EXTENDED ONE WEEK)

28)  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)

29)  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)

30)  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)

31)  08-63     Annexation No. 08003 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 63.13 acres of property
               generally located at N. 35th Street and
               Superior Street. (Related Items: 08-63,
               08-64) (6/9/08 - Placed on Pending, No Date
               Certain)
               Fact Sheet (232K)

32)  08-64     Change of Zone 08019 - Application of
               Robert and Victoria Rokeby for a change of
               zone from R-3 Residential District to H-3
               Highway Commercial District on property
               generally located at N. 35th Street and
               Superior Street. (Related Items: 08-63,
               08-64) (6/9/08 - Placed on Pending, No Date
               Certain)
               Fact Sheet (291K)

33)  08R-193   Approving the Development and Conditional Zoning
               Agreement between the City and Boyce
               Construction, Inc. for the development of the
               property located at North 14th Street and
               Superior Street subject to restrictions on
               maximum density, drive access to North 14th
               Street, and a drive access to the north boundary
               of the property to be compatible with the
               adjacent residential neighborhood. (Related
               Items: 08R-193, 08-111) (Action Date: 9/8/08)
               (8/25/08 - Placed on Pending Indefinitely)
               Attachment (224K)

34)  08-111    Change of Zone 08036 - Application of Boyce
               Construction for a change of zone from R-2
               Residential District to R-5 Residential District
               on approximately 29,227 sq. ft. generally
               located at N. 14th Street and Superior Street.
               (Related Items: 08R-193, 08-111) (8/25/08 -
               Placed on Pending Indefinitely)
               Fact Sheet (1795K)

35)  08-131    Change of Zone 08045 - Amending Sections
               27.19.030, 27.21.030, 27.23.030, 27.24.030,
               27.27.025 and 27.67.040 of the Lincoln Municipal
               Code to clarify that group homes must comply
               with all applicable state and local code
               requirements and to add domiciliary care
               facility and elderly or retirement housing as a
               conditional permitted use in the R-5, R-6, R-7,
               R-8, and O-3 zoning districts, and repealing
               Sections 27.19.030, 27.21.030, 27.23.030,
               27.24.030, 27.27.025 and 27.67.040 as hitherto
               existing.  (9/29/08 - Placed on Pending
               Indefinitely)
               Fact Sheet (62K)


  WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, NOVEMBER 3, 2008, AT 1:30 P.M.:
                                                 (APPROVED, 6-0)

36)  08R-275   Approving a two-year Grant Contract between the
               City of Lincoln and El Centro de las Americas to
               provide grant funds in the amount of $10,000.00
               per year for its Victims of Domestic Violence
               Outreach Program.
               Attachment (323K)

37)  08R-276   Ratifying the Interlocal agreement between the
               County of Lancaster, Nebraska, and the Lincoln
               Lancaster County Health Department whereby the
               Health Department will provide services 24 hours
               per day, 7 days a week, in the event such
               services are needed at the Youth Service Center
               for the period of July 1, 2008 to June 30, 2009.
               Fact Sheet (67K)
               Attachment (349K)

38)  08R-277   Ratifying and approving the Correctional
               Facilities Interlocal Agreement between the
               City, Lancaster County, and the Lancaster County
               Correctional Facility Joint Public Agency
               relating to the transport, supervision, and
               housing of City offenders.
               Fact Sheet (19K)
               Attachment (341K)

Please note:  During the Open Microphone & Registered
Section of the agenda, individuals are allowed a total of 5
minutes to speak whether registered or not regardless of
number of topics. The Open Microphone and Registered Section
is available on the 2nd & Last Monday of each month.


ANY PERSON DESIRING TO HAVE THEIR NAME & SUBJECT MATTER LISTED 
     ON THE FORMAL AGENDA PERTAINING TO MATTERS NOT ON THE
     CURRENT AGENDA, OR NOT SCHEDULED TO APPEAR ON A FUTURE
     AGENDA, SHOULD NOTIFY THE CITY CLERK IN WRITING BY
     10:00 A.M. ON THE WEDNESDAY (10/22/08) PRIOR TO THE 
     NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN 
     MICROPHONE SESSION WHICH IS 10/27/08.

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. OPEN MICROPHONE
     SESSIONS DURING THE MONTH OF OCTOBER ARE THE 13TH AND THE 27TH.


ADJOURNMENT    9:53 P.M.



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          which is broadcast live at 1:30 p.m. every Monday and
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                              lincoln.ne.gov
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