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Formal Agenda


    ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD
            MONDAY, DECEMBER 1, 2008 AT 1:30 P.M.

   THERE WILL BE NO CITY COUNCIL MEETINGS THE WEEKS OF
     DECEMBER 22 AND DECEMBER 29 DUE TO THE HOLIDAYS 

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


             ALL MEMBERS PRESENT EXCEPT SPATZ

                      PUBLIC HEARING

                    - CONSENT AGENDA -


REPORTS OF CITY OFFICERS
 
 1)  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.(ADOPTED, 6-0; A-85144)
               Attachment (50K)

 2)  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. (ADOPTED, 6-0; A-85145) 

 3)  08R-301   Approving the appointment of Mark A. Koller as
               Personnel Director for the Lincoln-Lancaster
               County Personnel Department, effective December
               11, 2008.(ADOPTED, 6-0; A-85146)

 4)            Setting hearing date of Monday, December  15,
               2008 at 1:30 p.m. for the assessment of the cost
               of weed removal incurred for the period of
               January 1, 2008 through Dec. 31, 2008.
               (APPROVED, 6-0)
               
 5)            Clerk's Letter and Mayor's Approval of
               resolutions and ordinances passed by Council on
               November 10, 2008.(PLACED ON FILE)

 6)            Clerk's Letter and Mayor's Approval of
               resolutions and ordinances passed by Council on
               November 17, 2008 except for Resolution A-85142. 
               (PLACED ON FILE)

 7)            Report from City Treasurer of Cash on Hand at
               the close of business October 31, 2008.(PLACED 
               ON FILE)
               
 8)            Mayor's Approval of Resolution A-85142 passed by
               Council on November 26, 2008. (PLACED ON FILE)


PETITIONS & COM


PETITIONS & COMMUNICATIONS

9)             THE FOLLOWING HAVE BEEN REFERRED TO PLANNING
               DEPT.:
               Change of Zone 08057 - App. of Director of
               Urban Development for 1) University Place
               Planned Unit Development from B-3 Commercial to
               B-3 Commercial PUD in University Place and west 
               ½ of vacated N. 49th Street, north
               ½ of vacated Colby Street and northwest 1/4
               of vacated intersection of Colby Street and N.
               49th Street. 2) for a change from B-3
               Commercial Dist. to P Public Use Dist. on
               property generally located at N. 48th
               Street from Colby to Adams Street.
               Change of Zone 08058 - App. of Deborah
               Marshall from R-2 to R-T on property generally
               located southeast of S. 33rd Street and
               A Street. 
               Special Permit 384F - App. of Tabitha, Inc.
               for an amendment for a health care facility to
               add an approximately 63 person assisted living
               facility and to expand the campus to provide an
               additional 65 parking spaces with requests to
               waive setbacks and height on property generally
               located at South 48th Street and Randolph
               Street.
               Use Permit 08002 - App. of Deborah Marshall
               to allow for office and residential uses on
               property generally located southeast of S.
               33rd Street and A Street.

10)            Setting the Hearing date of Monday, December 15,
               2008 at 1:30 p.m. for Application of Carmela's
               Bistro & Wine Bar LLC dba Carmela's Bistro &
               Wine Bar for a Catering License for Class C
               liquor license located at 4141 Pioneer Woods
               Dr., Ste. 110. (ADOPTED, 6-0; A-85147)

11)            Setting the Hearing date of Monday, December 15,
               2008 at 1:30 p.m. for Application of BDF, Inc.
               dba Chaser's for a Class CK liquor license
               located at 140 N. 12th Street.(ADOPTED, 6-0;
               A-85148)

12)            Setting the Hearing date of Monday, December 15,
               2008 at 1:30 p.m. for Application of Dawghouse
               Bar, Inc. dba Dawghouse Bar for a Class C liquor
               license located at 2050 Cornhusker Highway.
               (ADOPTED, 6-0; A-85149)

13)            Setting the Hearing date of Monday, December 15,
               2008 at 1:30 p.m. for Application of L & M Foods
               Inc dba Sam & Louie's for a Class I liquor
               license located at 4131 Pioneer Woods Drive,
               Suite 102.(ADOPTED, 6-0; A-85150)

14)            Setting the Hearing date of Monday, December 15,
               2008, at 1:30 p.m. for Application of Raider LLC
               dba Blue Mountain Smokehouse Pizza for a Class I
               liquor license located at 8600 Amber Hill Court,
               Suite 100.(ADOPTED, 6-0; A-85151)

15)            Setting the Hearing date of Monday, December 15,
               2008 at 1:30 p.m. for Application of Down Home,
               Inc. dba Court Side Banquet for a Class I liquor
               license at 710 Hill Street.(ADOPTED, 6-0; A-85152)


16)  MISCELLANEOUS REFERRALS

                  - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

17)            Application of John R. Esquivel dba The Rib Pit
               for a Class C liquor license at 1501 Center Park
               Road, #100.(ADOPTED FOR APPROVAL, 6-0; A-85153)


PUBLIC HEARING 
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 18 & 19 HAD 2ND READING; SEE ITEM #19)

18)  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)

19)  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. (11/17/08 - Voted to have
               2nd, 3rd Readings [P.H. & Action] 12/1/08)
               (PASSED, 6-0; #19178) 
               Fact Sheet (985K)
               Attachment (165K)


PUBLIC HEARING - RESOLUTIONS

20)  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)
               Attachment 2 (578K)

21)  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.(11/17/08 -
               P.H. & Action con't. to 12/1/08)
               (ACTION DELAYED FOR ONE WEEK TO 12/8/08,
               5-1; MARVIN DISSENTING)
               Fact Sheet (971K)
               Attachment (521K)

22)  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.(ADOPTED, 6-0; A-85154)
               Fact Sheet (90K)

23)  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. (Request to place on Pending
               Indefinitely)(PLACED ON PENDING INDEFINITELY, 6-0)
               Fact Sheet (20K)
               Attachment (255K)

24)  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. (ADOPTED, 6-0; A-85155)
               Fact Sheet (13K)
               Attachment (73K)


                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 25 THRU 37 HAD 1ST READING; SEE ITEM #25)

25)  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)
               (PLACED ON PENDING INDEFINITELY, 6-0)
               Fact Sheet (131K)

26)  08R-170   Approving the Wilderness Commons Conditional
               Annexation and Zoning Agreement between the City
               and Lincoln Federal Bancorp, Security Financial
               Life Insurance, Buffalo Grass LLC, B&J
               Partnership, Allen R. Hohensee and Susan K.
               Hohensee, relating to the annexation of
               approximately 92 acres of property generally
               located on the west side of South 40th Street
               and south of Yankee Hill Road. (Related
               Items: 08R-170, 08-95, 08-96) (Action Date:
               12/15/08)
               Attachment (21K)

27)  08-95     Annexation No. 06019   Application of Lincoln
               Federal Bancorp to amend the Lincoln Corporate
               Limits Map by annexing approximately 92 acres of
               property generally located on the west side of South
               40th Street and south of Yankee Hill Road
               (Related Items: 08R-170, 08-95, 08-96).
               Fact Sheet (579K)
               Attachment (355K)

28)  08-96     Change of Zone 06075   Application of Lincoln 
               Federal Bancorp for a change of zone from AG 
               Agricultural District to B-2 Planned Neighborhood
               Business District and R-5 Residential District for
               a Planned Unit Development District consisting of 
               approximately 300 dwelling units in the underlying
               R-5 zoned area and approximately 600,000 square feet
               of office/retail floor area in the underlying B-2
               zoned area on property generally located on the west
               side of South 40th Street and  south of Yankee
               Hill Road. (Related Items: 08R-170, 08-95, 08-96)
               Fact Sheet (637K)

29)  08-161    Vacation No. 08007 - Application of Hoppe
               Partners, Ltd. to vacate the west 162 feet of
               the east-west alley between South 19th Street
               and South 20th Street and between K Street and L
               Street.
               Fact Sheet (201K)

30)  08-162    Amending the pay schedule for a certain employee
               group by adjusting the hourly pay range schedule
               and schedules of annual, monthly, biweekly and
               hourly pay range equivalents for employees of
               the City of Lincoln whose classifications are
               assigned to pay ranges prefixed by the letter
               "E" to be effective January 22, 2009.
               Fact Sheet (138K)
               Attachment (91K)

31)  08-163    Amending the pay schedule for a certain employee
               group by deleting the classifications of Women's
               Commission Manager, Affirmative Action Officer,
               and Director of Libraries.
               Fact Sheet (138K)

32)  08-164    Change of Zone No. 08054 - Amending 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.
               Fact Sheet (14K)

33)  08-165    Change of Zone 08055 - Amending 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.
               Fact Sheet (104K)

34)  08-166    Change of Zone 08056 - Amending Section
               27.27.020 of the Lincoln Municipal Code to allow
               domiciliary care facilities, group homes, and
               elderly or retirement housing as permitted uses
               in the O-3 Office Park District; and repealing
               Section 27.27.020 of the Lincoln Municipal Code
               as hitherto existing.
               Fact Sheet (138K)

35)  08R-306   Approving the Wilderness Heights Conditional
               Annexation and Zoning Agreement between the City
               and Lincoln Federal Bancorp relating to the
               annexation of approximately 153 acres of
               property generally located on the east side of
               South 40th Street and south of Yankee Hill Road.
               (Related Items: 08R-306, 08-167, 08-168)
               (Action Date: 12/15/08)
               Attachment (2118K)

36)  08-167    Annexation No. 07003   Application of Lincoln
               Federal Bancorp to amend the Lincoln Corporate
               Limits Map by annexing approximately 153.28
               acres of property generally located southeast of
               the intersection of South 40th Street and Yankee
               Hill Road. (Related Items: 08R-306, 08-167,
               08-168)
               Fact Sheet (195K)

37)  08-168    Change of Zone 07060   Application of Lincoln
               Federal Bancorp for a change of zone from AG
               Agricultural District to B-2 Planned
               Neighborhood Business District for Wilderness
               Heights Planned Unit Development and from AG
               Agricultural District to R-3 Residential
               District for a Planned Unit Development District
               designation on the B-2 portion of the property,
               and for approval of a development plan which
               proposes modifications to the Zoning Ordinance,
               Land Subdivision Ordinance and Design Standards
               to allow approximately 225,000 square feet of
               commercial floor area and approximately 60
               dwelling units on property generally located
               southeast of the intersection of South 40th
               Street and Yankee Hill Road. (Related Items:
               08R-306, 08-167, 08-168)
               Fact Sheet (1021K)


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

38)  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.(PASSED, 6-0; #19179)
               Fact Sheet (76K)
               Attachment (1527K)

39)  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.(PASSED, 5-1; MARVIN DISSENTING; #19180)
               Fact Sheet (105K)
               Attachment (185K)


PENDING LIST - DATE CERTAIN

     NONE



PENDING LIST	(EXTENDED ONE WEEK)

40)  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)

41)  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)

42)  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)

43)  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)

44)  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)

45)  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)

46)  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)

46)  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 8, 2008, AT 5:30 P.M.:
							(APPROVED, 6-0)
47)  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. (11/17/08 -
               Introduction Delayed to 12/1/08 w/P.H. on
               12/8/08)
               Fact Sheet (2779K)

48)  08R-303   Appointing Dan Harshman, to replace Patricia
               McManus, and W. Don Nelson, to replace Tom
               Schleich, to the Lincoln Electric System
               Administrative Board for three-year terms
               expiring December 31, 2011.
               Attachment (64K)

49)  08R-304   Approving a two-year Grant Contract between the
               City of Lincoln and Human Services Federation to
               provide grant funds in the amount of $10,000.00
               per year for its Lincoln CASH Campaign (Creating
               Assets, Savings and Hope) program
               Attachment (669K)

50)  08R-305   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 whereby the
               Health Department will provide for the delivery
               of a Refugee Health Screening Program for new
               refugee arrivals and other eligible populations
               for the prevention and control of communicable
               disease pursuant to federal financial assistance
               for the period of July 1, 2008 to June 30, 2011.
               Fact Sheet (71K)
               Attachment (763K)

51)  08R-307   Special Permit No. 08048 - Application of
               Lincoln Family Church to allow a parking lot in
               the front yard setback on property generally
               located at North 70th Street and Kearney Avenue.
               Fact Sheet (327K)

52)  08R-308   Approving and adopting the Lower Platte South
               NRD Multi-Jurisdictional Hazard Mitigation Plan
               for eligibility of federal disaster mitigation
               funds.
               Fact Sheet (13K)
               Attachment (2741K)

53)  08R-309   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of November 1 -
               15, 2008.
               Fact Sheet (14K)
               Attachment (20K)

54)  08R-310   Approving the issuance of not to exceed
               $65,000,000 principal amount of Lancaster County
               Correctional Facility Joint Public Agency
               Building Bonds.

55)  08R-311   Authorizing the City's negotiation team to
               present the Labor Contract to IAFF Local 644 for
               the period of August 21, 2008 through August 31,
               2009 as the City's last best offer on the terms
               as outlined in the proposed contract as
               Option 1.
               Fact Sheet (139K)
               Attachment (139K)

56)  08R-312   Authorizing the City's negotiation team to
               present the Labor Contract to IAFF Local 644 for
               the period of August 21, 2008 through August 31,
               2009 as the City's last best offer on the terms
               as outlined in the proposed contract as
               Option 2.
               Fact Sheet (139K)
               Attachment (139K)


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	3:49 P.M.



ANNOUNCEMENTS:                  
December Council meetings:
December 1 at 1:30 p.m.
December 8 at  5:30 p.m.; December 15 at1:30 p.m.
The first Council meeting in 2009 is scheduled for Monday,
January 5 at 1:30 p.m.








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      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.,
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                  on 5 City-TV, Cable Channel 5.
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the Internet at:
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