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Formal Agenda


            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, NOVEMBER 3, 2008 AT 1:30 P.M.

                            ALL MEMBERS PRESENT

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)            Clerk's Letter and Mayor's Approval of
               resolutions and ordinances passed by Council on
               October 20, 2008.  (PLACED ON FILE)

 2)            Report from City Treasurer of cash on hand at
               the close of business September 30, 2008. 
               (PLACED ON FILE)

 3)            Approving the Assessment Resolution for Downtown
               Business Improvement District for Board of
               Equalization, Monday, November 10, 2008 at 5:30
               p.m.  (ADOPTED, 7-0; A-85103)
               
 4)            Approving the Assessment Resolution for Downtown
               Maintenance Improvement District for Board of
               Equalization, Monday, November 10, 2008 at 5:30
               p.m.  (ADOPTED, 7-0; A-85104)

 5)            Approving the Assessment Resolution for Downtown
               Core Business Improvement District for Board of
               Equalization, Monday, November 10, 2008 at 5:30
               p.m.  (ADOPTED, 7-0; A-85105)


PETITIONS & COMMUNICATIONS

 6)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPT.: 
               Change of Zone 08053 - Application of
               Engineering Design Consultants, LLC for owners
               Kevin D. and Carla J. Pinneo to designate the
               Foster House as a historic landmark on property
               located at 1021 D Street.
               Special Permit 08044 - Application of
               Engineering Design Consultants to allow the use
               of a historic landmark as office space on
               property located at 1021 D Street (Foster
               House).

 7)            Setting the Hearing Date of Monday, November 17,
               2008 at 1:30 p.m. for the application of Philip
               Kutlo and Irma Kutlo dba Castle Drive In for a
               Class D liquor license located at 6001 Havelock
               Avenue.  (ADOPTED, 7-0; A-85106)

 8)            Setting the Hearing Date of Monday, November 17,
               2008 at 1:30 p.m. for the application of Black
               Bear Enterprises LLC dba The Office Gentleman's
               Club for a Class I liquor license located at 640
               West Prospector.  (ADOPTED, 7-0; A-85107)

 9)            Setting the Hearing Date of Monday, November 17,
               2008 at 1:30 p.m. for the application of Mac
               Acquisition LLC dba Romano's Macaroni Grill for
               a Class C liquor license located at 6800 S.
               27th Street.  (ADOPTED, 7-0; A-85108)


10)  MISCELLANEOUS REFERRALS - NONE

                        - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

11)            Application of Old Federal Place LLC dba Jasmine
               Room for a Class I liquor license at 129 North
               10th Street and an outside patio area measuring
               approximately 20 feet by 40 feet to the south.
               (ADOPTED FOR APPROVAL, 7-0; A-85109)

12)            Manager application of Monte Froehlich for Old
               Federal Place LLC dba Jasmine Room at 129 North
               10th Street. (ADOPTED FOR APPROVAL, 7-0; A-85110)

13)            Application of Martina Alvarez dba La Hacienda
               De Flores for a Class I liquor license at 100
               North 1st Street, Suite 4. (ADOPTED FOR DENIAL, 
               7-0; A-85111)


PUBLIC HEARING 
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEM 14 
HAD 2ND READING) 

14)  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)


PUBLIC HEARING - RESOLUTIONS

15)  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.  (ADOPTED, 7-0; A-85112)
               Attachment (323K)

16)  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.
               (ADOPTED, 7-0; A-85113)
               Fact Sheet (67K)
               Attachment (349K)

17)  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. 
               (ADOPTED, 7-0; A-85114)
               Fact Sheet (19K)
               Attachment (341K)


PUBLIC HEARING 
ORDINANCES - 3ND READING & RELATED RESOLUTIONS (as required)

18)  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) (10/27/08 - P.H.
               con't., limited to applicants' testimony,
               w/Action on 11/3/08) (MTA #1 ADOPTED, 5-0; CAMP, 
               ESCHLIMAN ABSTAINING; PASSED AS AMENDED, 5-0; CAMP, 
               ESCHLIMAN ABSTAINING; #19169)

19)  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)
               (10/27/08 - P.H. con't., limited to applicants'
               testimony, w/Action on 11/3/08)  (MTA #1 ADOPTED, 
               5-0; CAMP, ESCHLIMAN ABSTAINING; MTA #2 ADOPTED, 
               5-0; CAMP, ESCHLIMAN ABSTAINING; ADOPTED AS AMENDED, 
               5-0; CAMP, ESCHLIMAN ABSTAINING; A-85115)
               Fact Sheet (28K)
               Attachment (2928K)
               Motion To Amend 1 (3672K)

20)  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)
               (10/27/08 - P.H. con't., limited to
               applicants' testimony, w/Action on 11/3/08)
               (ADOPTED, 5-0; CAMP, ESCHLIMAN ABSTAINING; 
               A-85116)
               Fact Sheet (26K)

21)  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) (10/27/08 - P.H.
               con't., limited to applicants' testimony,
               w/Action on 11/3/08)  (PASSED, 6-0; CAMP 
               ABSTAINING; #19170)

22)  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)
               (10/27/08 - P.H. con't., limited to
               applicants' testimony, w/Action on 11/3/08)
               (MTA #1 ADOPTED, 6-0; CAMP ABSTAINING; MTA #2 
               ADOPTED, 6-0; CAMP ABSTAINING; ADOPTED AS AMENDED, 
               6-0; CAMP ABSTAINING; A-85117)
               Fact Sheet (28K)
               Attachment (2871K)
               Motion To Amend 1 (2979K)

23)  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)
               (10/27/08 - P.H. con't., limited to
               applicants' testimony, w/Action on 11/3/08)
               (ADOPTED, 6-0; CAMP ABSTAINING; A-85118)
               Fact Sheet (26K)

                        - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 24 & 
25 HAD 1ST READING)

24)  08-154    Amending Chapter 2.18 of the Lincoln Municipal
               Code relating to the City's Purchasing Division
               to update department expenditure amounts and to
               incorporate the changes to the City Charter
               approved by the voters in the May 2008 election,
               by amending Section 2.18.020 to increase the
               level of repair expenditures which require
               purchase by bidding, and to conform language to
               the revised Charter provisions; amending Section
               2.18.030 to increase the threshold of
               expenditures which require bidding to $25,000,
               to update department expenditure amounts, to
               update obsolete language to reflect electronic
               bidding provisions, to provide additional
               grounds under which the City could disqualify
               vendors from bidding, to create an appeal
               process for disqualified vendors, and to
               streamline purchasing provisions allowing joint
               purchasing with other units of government; by
               amending Section 2.18.060 to authorize the
               Purchasing Agent to require  pre-delivery or
               post delivery inspections for purchases, and to
               require inspections for all purchases over
               $100,000; and repealing Sections 2.18.020,
               2.18.030, and 2.18.060 of the Lincoln Municipal
               Code as hitherto existing.
               Fact Sheet (20K)

25)  08-155    Change of Zone 08052   Application of Vien C. Le
               for a change of zone from B-1 Local Business
               District to R-2 Residential District on property
               generally located at North 45th Street and W
               Street.
               Fact Sheet (217K)


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

26)  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.  (PASSED, 7-0; #19171)
               Fact Sheet (19K)
               Attachment (128K)

27)  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.  
               (PASSED, 7-0; #19172)
               Fact Sheet (17K)

28)  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.  (PASSED, 7-0; #19173)
               Fact Sheet (17K)

29)  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) (PASSED, 7-0; #19174)
               Fact Sheet (249K)

30)  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) 
               (ADOPTED, 7-0; A-85119)
               Fact Sheet (490K)


RESOLUTION - ACTION ONLY

31)  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.
               (10/27/08 - Action Delayed to 11/3/08 due to
               tie vote) (LOST, 2-5; MARVIN, SVOBODA ASSENTING; 
               CAMP, COOK, EMERY, ESCHLIMAN, SPATZ DISSENTING; 
               #38-4581)
               Fact Sheet (69K)
               Attachment (1306K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

32)  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)

33)  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)

34)  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)

35)  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)

36)  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)

37)  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)

38)  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)

39)  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 10, 2008, AT 5:30 P.M.:
                                                   (APPROVED, 7-0)

40)  08R-278   Approving RFox, Inc. dba Red Fox Westside Grille
               as a keno satellite site at 1339 West O Street.
               Fact Sheet (70K)

41)  08R-279   Approving a Contract between the City of
               Lincoln, Lancaster County and Roberts Dairy to
               provide and deliver milk and related dairy
               products for the Lincoln Area Agency on Aging,
               Lancaster Manor, and Midtown Center through
               local inter-governmental cooperative purchasing
               with the Board of Regents of the University of
               Nebraska at Lincoln, for an initial three-year
               term with two additional one-year terms.
               Fact Sheet (84K)
               Attachment (3017K)

42)  08R-280   Approving an Interlocal Agreement between the
               City and the City of Lincoln Lancaster County
               Railroad Transportation Safety District
               accepting the transfer of funding for the West
               Haymarket Study.
               Fact Sheet (12K)
               Attachment (97K)

43)  08R-282   Use Permit 107C   Application of National Rural
               Electric Cooperative Association to amend the
               Firethorn Office Park Use Permit to adjust the
               front yard setback from 20 feet to 6 feet to
               allow a ground sign on property generally
               located two blocks east of the intersection of
               South 84th Street and Firethorn Lane.
               Fact Sheet (258K)


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 (11/5/08) PRIOR TO THE NEXT 
     FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE 
     SESSION WHICH IS 11/10/08.


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. THERE IS ONLY
     ONE OPEN MICROPHONE SESSION DURING THE MONTH OF NOVEMBER
     WHICH IS NOVEMBER 10TH.


ADJOURNMENT    2:26 P.M.


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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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