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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, DECEMBER 8, 2008 AT 5:30 P.M.

                            ALL MEMBERS PRESENT


             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

                              PUBLIC HEARING

                            - CONSENT AGENDA -


REPORTS OF CITY OFFICERS

 1)  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.  
               (ADOPTED, 7-0; A-85156)
               Attachment (64K)

 2)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               Idle Funds during the month ended October 31,
               2008.  (ADOPTED, 7-0; A-85157)

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

 4)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on December 1, 2008.  (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 5)            Setting the hearing date of Monday, December 15,
               2008 at 1:30 p.m. for the Application of Beacon
               Hills of Lincoln dba Beacon Hills for a Class I
               liquor license located at 5353 N. 27th Street.
               (ADOPTED, 7-0; A-85158)

 6)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING 
               DEPARTMENT:
               Change of Zone No. 08059 - App. of Omaha
               Neon Sign Co. amending Chapter 27.69 of the
               Lincoln Municipal Code relating to Signs by
               amending Sections 27.69.047 and 27.69.049 to
               eliminate restrictions regarding the location of
               signs within 660 feet of a designated
               interstate; and repealing Sections 27.69.047 and
               27.69.049 of the Lincoln Municipal Code as
               hitherto existing.
               Change of Zone No. 08060 - Requested by
               the Director of Planning amending Chapter 27.03
               of the Lincoln Municipal Code relating to zoning
               code definitions by adding a new section
               numbered 27.03.634 to provide a definition for
               truck stop; amending Sections 27.39.020 and
               27.43.020 of the Lincoln Municipal Code relating
               to permitted uses in the H-1 Interstate
               Commercial District and H-3 Highway Commercial
               District, respectively, to add truck stops as a
               permitted use in said districts; and repealing
               Sections 27.39.020 and 27.43.020 of the Lincoln
               Municipal Code as hitherto existing.
               Change of Zone No. 08061 - App. of Alan
               Slattery from AG Agricultural District to H-3
               Highway Commercial District on property
               generally located at SW 48th Street and West O
               Street.
               Change of Zone No. 08062 - App. of
               William Michener from R-4 Residential District
               to R-6 Residential District on property
               generally located at S. 26th Street and N
               Street.
               Change of Zone No. 08063 - App. of
               Lincoln Community Playhouse amending Section
               27.69.090 of the Lincoln Municipal Code relating
               to permitted signs for churches, schools and
               community playhouses to conditionally allow an
               electronic changeable copy sign fronting on an
               arterial street; and repealing Section 27.69.090
               of the Lincoln Municipal Code as hitherto
               existing.
               Special Permit No. 05046A - App. of
               William Michener for an amendment to expand the
               boundaries of the special permit for a Nonprofit
               Religious, Educational and Philanthropic
               Institution for the Lighthouse youth program on
               property generally located at S. 26th Street and
               N Street.
               Special Permit No. 08049 - App. of J.
               Matt Carlson for expansion of a nonconforming
               use on property generally located at S. 54th
               Street and LaSalle Street (5401 LaSalle Street).


 7)  MISCELLANEOUS REFERRALS - NONE


                          - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 8)            Application of Lan Huynh dba L&K Liquor for a
               Class D liquor license at 335 North 27th Street.
               (ADOPTED FOR DENIAL, 7-0; A-85159)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 9 
THRU 20 HAD 2ND READING) (SEE ITEMS 18, 19, 20; WAIVED ORDER OF THE 
AGENDA RULES)

 9)  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)
               Motion To Amend 1 (2176K)

10)  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)

11)  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)

12)  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)

13)  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)

14)  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)

15)  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)

16)  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)

17)  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)

18)  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)
               Motion To Amend 1 (1993K)

19)  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)

20)  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)


PUBLIC HEARING - RESOLUTIONS

21)  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) (ADOPTED, 6-1; 
               CAMP, EMERY, ESCHLIMAN, MARVIN, SPATZ, SVOBODA 
               ASSENTING; COOK, DISSENTING; A-85160)
               Fact Sheet (2779K)

22)  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. (ADOPTED, 7-0; 
               A-85161)
               Attachment (669K)

23)  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.
               (ADOPTED, 7-0; A-85162)
               Fact Sheet (71K)
               Attachment (763K)

24)  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.
               (ADOPTED, 7-0; A-85163)
               Fact Sheet (327K)

25)  08R-308   Approving and adopting the Lower Platte South
               NRD Multi-Jurisdictional Hazard Mitigation Plan
               for eligibility of federal disaster mitigation
               funds.  (ADOPTED, 7-0; A-85164)
               Fact Sheet (13K)
               Attachment (2741K)

26)  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.  (ADOPTED, 7-0; A-85165)
               Fact Sheet (14K)
               Attachment (20K)

27)  08R-310   Approving the issuance of not to exceed
               $65,000,000 principal amount of Lancaster County
               Correctional Facility Joint Public Agency
               Building Bonds.  (ADOPTED, 7-0; A-85166)

28)  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.  (P.H. & ACTION CON'T TO 12/15/08, 4-3; 
               CAMP, ESCHLIMAN, SPATZ, SVOBODA ASSENTING; COOK, 
               EMERY, MARVIN DISSENTING)
               Fact Sheet (139K)
               Attachment (139K)

29)  08R-312   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.  (P.H. & ACTION CON'T TO 12/15/08, 4-3; 
               CAMP, ESCHLIMAN, SPATZ, SVOBODA ASSENTING; COOK, 
               EMERY, MARVIN DISSENTING)
               Fact Sheet (139K)
               Attachment (139K)

                          - END PUBLIC HEARING -


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

     NONE


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

30)  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. 
               (PASSED, 7-0; #19181)
               Fact Sheet (627K)


RESOLUTION - FOR COUNCIL ACTION ONLY

31)  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) (12/1/08
               - ACTION DELAYED FOR 1 WEEK TO 12/8/08)
               (ACTION DELAYED FOR 1 WEEK TO 12/15/08, 7-0)
               Fact Sheet (971K)
               Attachment (521K)


PENDING LIST - DATE CERTAIN

32)  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)


PENDING LIST    (EXTENDED ONE WEEK)

33)  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)

34)  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)

35)  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)

36)  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)

37)  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)

38)  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)

39)  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)

40)  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)

41)  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. (12/1/08 - Placed on Pending
               Indefinitely)
               Fact Sheet (20K)
               Attachment (255K)

42)  08-157    Amending Section 5.38.050 of the Lincoln
               Municipal Code to increase permit fees for
               motels, hotels, rooming, lodging, and apartment
               houses; and repealing Section 5.38.050 of the
               Lincoln Municipal Code as hitherto existing.
               (11/3/08 - 1st Reading suspended, to
               have Introduction 12/1/08 with P.H. 12/8/08)
               (12/1/08 - Placed on Pending Indefinitely)
               Fact Sheet (131K)


   WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
   PUBLIC HEARING ON MONDAY, DECEMBER 15, 2008, AT 1:30 P.M.:
                                                  (APPROVED, 7-0)

43)  08R-299   Approving an agreement between the City and the
               University of Nebraska-Lincoln to conduct
               stormwater monitoring to meet the requirements
               of the City's NPDES stormwater permit for a
               period of one year from January 1, 2009 through
               December 31, 2009.
               Fact Sheet (13K)
               Attachment (1079K)

44)  08R-313   Assessing the costs incurred for cutting,
               clearing and removing weeds against the various
               benefitted properties for the period of January
               1 through December 31, 2008.
               Attachment (510K)

45)  08R-315   Authorizing acceptance of a donation by Noel
               Chadd of approximately 0.53 acres of land
               generally located between the western boundary
               of West Lincoln Park and N.W. 4th Street.
               Fact Sheet (99K)

46)  08R-316   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of November 16 -
               30, 2008.
               Fact Sheet (14K)
               Attachment (19K)

47)  08R-317   Approving an Interlocal Agreement between the
               City, County and United Way for the purpose of
               defining the parties' participation in the
               funding oversight and administration of the
               Community Services Initiative - Lincoln (CSI)
               Project.
               Attachment (101K)

48)  08R-318   Approving an Agreement between the City and HBE
               Becker Meyer Love, LLP, for the provision of an
               agreed upon procedure relating to government
               funds for compensation in an amount not to
               exceed $5,500.  
               Fact Sheet (18K)
               Attachment (1510K)


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.


(COUNCIL RULES WAIVED TO ALLOW CITIZEN'S COMMENT REGARDING HIS 
CLAIM DENIAL [ITEM #26], 7-0)


ADJOURNMENT    8:59 P.M.


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