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Formal Agenda


               ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                     MONDAY, NOVEMBER 17, 2008 AT 1:30 P.M.

                        ALL MEMBERS PRESENT EXCEPT COOK

                     THERE WILL BE NO CITY COUNCIL MEETING
                 THE WEEK OF NOVEMBER 24TH DUE TO THE HOLIDAY


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)  08R-283   Appointing Maizuyen Nguyen to the Multicultural
               Advisory Committee for a three-year term expiring
               September 18, 2011.  (ADOPTED, 6-0; A-85126)
               Attachment (34K)

 2)  08R-284   Appointing Fred Hoke to the Auditorium Advisory
               Board for a six-year term expiring August 31,
               2014.  (ADOPTED, 6-0; A-85127)
               Attachment (21K)

 3)  08R-285   Reappointing Thomas C. Ball to the Auditorium
               Advisory Board for a six-year term expiring August
               31, 2014.  (ADOPTED, 6-0; A-85128)
               Attachment (19K)

 4)  08R-286   Reappointing Karla Cooper, Wendy Francis and Dick
               Noble to the Lincoln Commission on Human Rights
               for three-year terms expiring December 31, 2011.
               (ADOPTED, 6-0; A-85129)

 5)  08R-287   Reappointing Ray Stevens to the Parks and
               Recreation Advisory Board for a three-year term
               expiring April 27, 2011.  (ADOPTED, 6-0; A-85130)

 6)            Resolution assessing special taxes for the costs
               of the improvements in the Downtown Business
               Improvement District, the Downtown Maintenance
               District and the Core Business Improvement
               District Overlay, as approved by the Board of
               Equalization on Monday, November 10, 2008.
               (ADOPTED, 6-0; A-85131)

 7)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on
               November 5, 2008.  (PLACED ON FILE)

 8)            Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for the month of October,
               2008.  (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 9)            Setting the hearing date of Monday, December 8,
               2008 at 5:30 p.m. for the Application of Lan Huynh
               dba L & K Liquor for a Class D liquor license
               located at 335 N. 27th Street.  (ADOPTED, 6-0; 
               A-85132)

10)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING 
               DEPARTMENT:
               Change of Zone No. 08054 - Req. of the Director 
               of Planning to amend Section 27.67.030 of the Lincoln 
               Municipal Code to limit parking in the front yard 
               in the R-1 through R-4 zoning districts to one- 
               and two-family dwellings; and repealing Section 
               27.67.030 of the Lincoln Municipal Code as
               hitherto existing.
               Change of Zone No. 08055 - App. of Mark
               Hunzeker to amend Title 27 of the Lincoln
               Municipal Code to allow domestic shelters to be
               operated by for-profit entities in the H-2, H-3
               and H-4 Commercial Districts by amending Section
               27.03.213 to provide that domestic shelters comply
               with all applicable state licensure requirements;
               amending Sections 27.41.020, 27.43.020, and
               27.45.020 to add domestic shelters as a permitted
               use in H-2, H-3, and H-4 Commercial Districts,
               respectively; and repealing Sections 27.03.213,
               27.41.020, 27.43.020, and 27.45.020 of the Lincoln
               Municipal Code as hitherto existing.
               Change of Zone No. 08056 - App. of Mark
               Hunzeker to amend Sections 27.27.020 and 27.67.040
               of the Lincoln Municipal Code to allow domiciliary
               care facilities, elderly or retirement housing,
               and group homes as permitted uses in the O-3
               Office Park District; amending Section 27.67.040
               to provide that a parking stall with a minimum
               width of twelve feet shall be required at the rate
               of one space for every ten stalls required for
               elderly or retirement housing; and repealing
               Sections 27.27.020 and 27.67.040 of the Lincoln
               Municipal Code as hitherto existing.
               Special Permit No. 08048 - App. of Darin
               Horst Efficient Design to allow parking in the
               front yard setback on property generally located
               at N. 70th Street and Kearney Street.

11)  MISCELLANEOUS REFERRALS - NONE

                        - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

12)            Application of Philip Kutlo and Irma Kutlo dba
               Castle Drive In for a Class D liquor license at
               6001 Havelock Ave. (ADOPTED FOR APPROVAL, 6-0; 
               A-85133)

13)            Application of Black Bear Enterprises, LLC, dba
               The Office Gentlemen's Club for a Class I liquor
               license at 640 W. Prospector Ct. (ADOPTED FOR 
               APPROVAL, 6-0; A-85134)

14)            Manager application of Richard H. Gatiss for Black
               Bear Enterprises, LLC, dba The Office Gentlemen's
               Club at 640 W. Prospector Ct. (ADOPTED FOR APPROVAL, 
               6-0; A-85135)

15)            Application of Mac Acquisition, LLC, dba Romano's
               Macaroni Grill for a Class C liquor license at
               6800 S. 27th Street. (ADOPTED FOR APPROVAL, 6-0; 
               A-85136)

16)            Manager application of Scott C. Gwartney for Mac
               Acquisition, LLC, dba Romano's Macaroni Grill at
               6800 S. 27th Street. (ADOPTED FOR APPROVAL, 
               6-0; A-85137)


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

17)  08-156    Approving a Sublease Agreement between the City
               and Goodwill Industries for providing job training
               and employment services under the Workforce
               Investment Act for a term of two years from
               January 1, 2009 to December 31, 2010.
               Fact Sheet (76K)
               Attachment (1527K)

18)  08-158    Approving and ratifying a Lease Agreement between
               the City and LAMAR Companies for advertising on
               the billboard generally located at North 27th and
               Y Streets from October 1, 2008 to April 1, 2009.
               Fact Sheet (105K)
               Attachment (185K)


PUBLIC HEARING - RESOLUTIONS (SEE ITEM 24)

19)  08R-293   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of October 16 -
               31, 2008. (ADOPTED, 6-0; A-85138)
               Fact Sheet (14K)
               Attachment (21K)

20)  08R-281   Approving a Contract between the City and Fuji
               Electric involving the expenditure of money from
               appropriations of more than one year for ozone
               replacement equipment for Lincoln Water System.
               (ADOPTED, 6-0; A-85139)
               Fact Sheet (13K)
               Attachment (579K)

21)  08R-288   Approving a two-year Grant Contract between the
               City and Fresh Start to provide grant funds in the
               amount of $12,500.00 per year for its transitional
               housing and supportive services for women
               programs.  (ADOPTED, 6-0; A-85140)
               Attachment (693K)

22)  08R-289   Approving a two-year Grant Contract between the
               City and the Indian Center to provide grant funds
               in the amount of $5,000.00 per year for its Youth
               Program.  (ADOPTED, 6-0; A-85141)
               Attachment (661K)

23)  08R-290   Re-adopting the Water System Impact Fee Schedule,
               Water Distribution Impact Fee Schedule, Wastewater
               Impact Fee Schedule, Arterial Street Impact Fee
               Schedule, and Neighborhood Park and Trail Impact
               Fee Schedule without any adjustment for inflation
               for 2009. (ADOPTED, 4-2; CAMP, ESCHLIMAN, SPATZ, 
               SVOBODA ASSENTING; EMERY, MARVIN DISSENTING; A-85142)
               Fact Sheet (18K)

24)  08R-291   Approving a Safety Improvement Project Agreement
               between the City and the Nebraska Department of
               Roads so that federal and state funding may be
               used for the engineering and construction of a
               roundabout at the intersection of North 14th
               Street and Cornhusker Highway. (CON'T P.H. & ACTION 
               IN TWO WEEKS TO 12/1/08, 6-0)
               Fact Sheet (971K)
               Attachment (521K)

25)  08R-292   Approving a Safety Improvement Project Agreement
               between the City and the Nebraska Department of
               Roads so that federal and state funding may be
               used for the engineering and construction of
               pedestrian countdown signal heads at various
               signalized locations. (ADOPTED, 6-0; A-85143)
               Fact Sheet (13K)
               Attachment (506K)

                        - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 26 & 
27 HAD 1ST READING, SEE ITEM 27)

26)  08-159    Change of Zone 3134D - Application of Caseyco,
               Inc. to amend the Willow Springs Planned Unit
               Development to expand the boundary by
               approximately .41 acres and to allow approximately
               3,500 square feet of additional office floor area,
               on property generally located at Pioneers
               Boulevard and Lucile Drive. 
               Fact Sheet (627K)

27)  08-160    Change of Zone 08053HP - Application of
               Engineering Design Consultants on behalf of Kevin
               D. and Carla J. Pinneo to designate the Foster
               House at 1021 D Street as a historic landmark.
               (RULES WAIVED TO HAVE 2ND & 3RD READINGS ON 12/1/08, 6-0)
               Fact Sheet (985K)
               Attachment (165K)


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

28)  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.
               (PASSED, 6-0; #19176)
               Fact Sheet (20K)

29)  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. (PASSED, 6-0; #19177)
               Fact Sheet (217K)


PENDING LIST - DATE CERTAIN

30)  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 at 5:30 p.m.)
               Fact Sheet (131K)


PENDING LIST   (EXTENDED ONE WEEK)

31)  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)

32)  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)

33)  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)

34)  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)

35)  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)

36)  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)

37)  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)

38)  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, DECEMBER 1, 2008, AT 1:30 P.M.:
                                          (APPROVED, 6-0, SEE ITEM 45)

39)  08R-302   Adopting the Lincoln Electric System Annual Budget
               for 2009, to become effective January 1, 2009.
               (Action Date: 12/15/08)
               Fact Sheet (172K)
               Attachment (25K)

40)  08R-294   Appointing Dr. Margaret K. Sutton and Britt C.
               Miller to the Community Health Endowment Board of
               Trustees for three-year terms expiring September
               1, 2011.
               Attachment (50K)

41)  08R-295   Reappointing Edward D. Wimes and Richard Boucher
               to the Community Health Endowment Board of
               Trustees for three-year terms expiring September
               1, 2011.

42)  08R-296   Amending the 2008/09 to 2013/14 Six Year Capital
               Improvement Program to add the Perot Systems
               project to the Northwest Corridors Redevelopment
               Plan project, designate funding in the first year
               of the CIP, identify funding sources and establish
               appropriations.
               Fact Sheet (90K)

43)  08R-297   Approving a Cooperative Agreement between the
               Nebraska Department of Environmental Quality and
               the City of Lincoln regarding State of Nebraska
               Grant funding from the Stormwater Management Plan.
               Fact Sheet (20K)
               Attachment (255K)

44)  08R-298   Approving an Interlocal Agreement between the City
               and Lincoln Public Schools to conduct stormwater
               education to assist in meeting the requirements of
               the City's NPDES stormwater permit.
               Fact Sheet (13K)
               Attachment (73K)

45)  08R-300   Special Permit 08036 - Application of Hartland
               Homes, Inc. to develop Hartland Estates 1st
               Addition Community Unit Plan for four dwelling
               units, together with a waiver of the requirements
               of the Land Subdivision Ordinance and the Zoning
               Ordinance to reduce the required lot depth and to
               reduce the rear yard setbacks, on property
               generally located at S.W. 12th Street and West A
               Street. (INTRODUCTION DELAYED TO 12/1/08, P.H. ON 
               12/8/08, 6-0)
               Fact Sheet (2779K)

46)  08R-301   Approving the appointment of Mark A. Koller as
               Personnel Director for the Lincoln-Lancaster
               County Personnel Department, effective December
               11, 2008.


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 (12/3/08) PRIOR TO THE NEXT FORMAL CITY 
     COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH 
     IS 12/8/08.


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 DECEMBER WHICH
     IS DECEMBER 8TH.


ADJOURNMENT    5:02 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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