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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, JANUARY 5, 2009 AT 1:30 P.M.

                    ALL MEMBERS PRESENT EXCEPT ESCHLIMAN

               THERE WILL BE NO COUNCIL MEETING THE WEEK OF
           JANUARY 19TH IN OBSERVANCE OF MARTIN LUTHER KING DAY

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-321   Approving the appointment of Fred Hoke as
               Director of Building and Safety effective 
               December 15, 2008.  (ADOPTED, 6-0; A-85191)

 2)            Resolution approving the assessment of the cost of
               construction of Paving District 2628 Paving Unit 140 
               described as all that portion of North 36th Street 
               lying between the south curb line of W Street 
               and the north curb line of Vine Street for the 
               Board of Equalization to be held Monday, 
               January 12, 2009 at 1:30 p.m. (APPROVED, 6-0)
                         
 3)            Affidavit of Mailing for the Board of Equalization
               to be held Monday, January 12, 2009, at 1:30 p.m.
               (PLACED ON FILE)

 4)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               Idle Funds during the month ended November 30,
               2008.  (ADOPTED, 6-0; A-85192)

 5)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on
               December 8, 2008.  (PLACED ON FILE)

 6)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on
               December 15, 2008.  (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

     NONE


 7)  MISCELLANEOUS REFERRALS

               Setting the hearing date of Monday, February 2, 2009 
               at 1:30 p.m. on the Notice of Appeal of Katie Halperin, 
               Washington Square, LLC appealing from the determination 
               of Impact Fees imposed for the Washington Square 
               Redevelopment Project on the following enumerated 
               properties: 1537 South 19th Street, 1525 South 19th 
               Street, 1533 South 19th Street and 1529 South 
               19th Street.  (APPROVED, 6-0)

                        - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 8 & 
9 HAD 2ND READING)

 8)  08-169    Approving a six-year lease agreement between the
               City and Frontier Harley Davidson Inc. for seven
               police motorcycles.
               Attachment (655K)

 9)  08-171    Change of Zone 08057 - Application of Urban
               Development for a change of zone from B-3
               Commercial District to P Public Use District and
               from B-3 Commercial District to B-3 Commercial PUD
               on property generally located at North 48th Street
               from Colby Street to Adams Street.
               Fact Sheet (399K)


PUBLIC HEARING - RESOLUTIONS

10)  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 1 Week to 12/8/08) (12/8/08 - Action
               delayed 1 week to 12/15/08) (12/15/08 - P.H. 
               Re-opened w/Action on 1/5/09) (MTA #1 ADOPTED, 
               6-0; ADOPTED AS AMENDED, 6-0; A-85193)
               Fact Sheet (971K)
               Attachment (521K)

11)  08R-319   Special Permit 384F - Application of Tabitha, Inc.
               to amend the Tabitha Health Care Services special
               permit to add an approximately 63-person assisted
               living facility and to expand the boundary of the
               campus to provide an additional 65 parking spaces,
               with request to waive setbacks and height
               requirements, on property generally located at
               South 48th Street and Randolph Street.
               (ADOPTED, 6-0; A-85194)
               Fact Sheet (1177K)

12)  08R-320   Approving a three-year contract between the City
               and Continuum Employee Assistance Training
               Consulting for employee assistance program
               services for a period beginning January 1, 2009
               and ending December 31, 2011.
               (ADOPTED, 6-0; A-85195)
               Fact Sheet (40K)
               Attachment (269K)

13)  08R-322   Assessing the Cost of Demolition of the Unsafe
               Buildings at 1245 North 21st Street and 2040 South
               18th Street.  (MTA #1 ADOPTED, 6-0; ADOPTED AS 
               AMENDED, 6-0; A-85196)
               Fact Sheet (83K)
               Attachment (77K)

                        - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 14 
THRU 21 HAD 1ST READING)

14)  08-170    Change of Zone 08058 - Application of Brian and
               Debra Marshall and Earl Visser for a change of
               zone from R-2 Residential District to R-T
               Residential Transition District on property
               generally located at 3333 A Street and 3345 A
               Street. (Related Items 08-170, 09R-8) (12/15/08
               - 1st Reading Suspended; to be Introduced
               1/5/09 w/UP 08002)
               Fact Sheet (772K)

15)  09R-8     Use Permit 08002 - Appeal of Linda M. Witfoth
               from the Planning Commission approval of Use
               Permit 08002 to allow office and residential
               uses as permitted uses on property located at
               3333 A Street and 3345 A Street. (Related
               Items 08-170, 09R-8) (Action Date: 1/26/09)
               Fact Sheet (894K)

16)  09-1      Vacation 08004 - Vacating portions of Vine Street,
               S Street, North 20th Street, R Street, North 18th
               Street, the east-west alley in North 20th Street,
               and the east-west alley in North 18th Street north
               of Vine Street, generally located between North
               18th Street and North 22nd Street and R Street to
               Vine Street.
               Fact Sheet (978K)

17)  09-2      Misc. 08014 - Vacating a portion of the Hyde Park
               1st Addition final plat and adjacent public right-
               of-way including Pawnee Street, 7th Street and the
               north/south alley therein, generally located at
               South 6th Street and Van Dorn Street.
               Fact Sheet (174K)

18)  09-3      Change of Zone 08059 - 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 designed interstate and
               repealing Sections 27.69.047 and 27.69.049 as
               hitherto existing.
               Fact Sheet (84K)

19)  09-4      Change of Zone 08060 - 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 district;
               and repealing Section 27.39.020 and 27.43.020 as
               hitherto existing.
               Fact Sheet (150K)

20)  09-5      Change of Zone 08062 - Application of Lighthouse
               for a change of zone from R-4 Residential District
               to R-6 Residential District, on property generally
               located east of the southeast corner of South 26th
               Street and N Street.
               Fact Sheet (183K)

21)  09-6      Change of Zone 08063 - 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 as hitherto existing.
               Fact Sheet (1224K)


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

     NONE


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK, SEE ITEMS 29 & 30)

22)  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)

23)  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)

24)  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)

25)  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)

26)  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)

27)  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)

28)  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)

29)  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) (Bill No. 08-
               166/Ordinance No. 19191 passed 12/15/08 - Motion
               to Withdraw Required)  (WITHDRAWN, 6-0; #38-4582)
               Fact Sheet (62K)

30)  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)
               (Request to remove from Pending for P.H. & Action
               1/12/09)  (TO REMOVE FROM PENDING FOR P.H. 
               & ACTION ON 1/12/09, 6-0)
               Fact Sheet (20K)
               Attachment (255K)
               Attachment 2 (285K)

31)  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)

32)  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.
               (12/8/08 - P.H. & Action con't to 12/15/08)
               (12/15/08 - Placed on Indefinite Pending)
               Fact Sheet (139K)
               Attachment (139K)

33)  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.
               (12/8/08 - P.H. & Action con't to 12/15/08)
               (12/15/08 - Placed on Indefinite Pending)
               Fact Sheet (139K)
               Attachment (139K)


   WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
    PUBLIC HEARING ON MONDAY, JANUARY 12, 2009 AT 1:30 P.M.:
                                                (APPROVED, 6-0)

34)  09R-13    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of December 1 -
               31, 2008.
               Fact Sheet (14K)
               Attachment (21K)

35)  09R-1     Appointing Matt McNair to the Lincoln
               Electric System Administrative Board, to
               replace Ron Melbye, for a three-year term
               expiring December 31, 2011.
               Attachment (37K)

36)  09R-4     Reappointing John "Jack" Lorenzen and Matt
               Morrissey to the Water Conditioning Board of
               Examiners for three-year terms expiring
               September 4, 2011.

37)  09R-5     Reappointing James Lamphere to the Government
               Access and Information Committee for a two-
               year term expiring January 1, 2011.

38)  09R-6     Reappointing Dwight Brown Jr., Jim Elsener
               and Greg Key to the Citizen Police Advisory
               Board for three-year terms expiring November
               17, 2011.

39)  09R-7     Reappointing Ken Svoboda to the District
               Energy Corporation for a two-year term
               expiring December 31, 2010.

40)  09R-10    Appointing James O'Hanlon to the Auditorium
               Advisory Board for a term expiring August 31,
               2014.
               Attachment (54K)

41)  09R-11    Appointing Scott Hatfield to the Citizen Police
               Advisory Board for a three-year term expiring
               November 17, 2011.
               Attachment (26K)

42)  09R-12    Appointing Alex Paine to the Parks and Recreation
               Advisory Board for a term expiring June 1, 2009.
               Attachment (53K)

43)  09R-2     Approving a Contract between the City and
               Western Pathology Consultants, Inc. involving
               the expenditure of money from appropriations
               of more than one year for drug and alcohol
               testing services for the period of January 1,
               2009 through December 31, 2011.
               Fact Sheet (40K)
               Attachment (458K)

44)  09R-3     Approving and ratifying an Agreement between
               the City, Lancaster County and the University
               of Nebraska Board of Regents on behalf of the
               College of Dentistry for the clinical
               training of dental and dental hygiene
               students at the Lincoln-Lancaster County
               Health Department for a term of July 1, 2008
               through June 30, 2011.
               Fact Sheet (38K)
               Attachment (323K)

45)  09R-9     Waiver 08008 - Application of Robert Snell to
               waive the requirements of the Land Subdivision 
               Ordinance to install sidewalks along the west 
               side of South 39th Street abutting Lots 1 and 2, 
               Snell Addition, generally located at South 
               39th Street and Calvert Street.
               Fact Sheet (456K)


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 (1/7/09) PRIOR TO THE NEXT FORMAL CITY COUNCIL 
     MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 1/12/09.

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. THE OPEN MICROPHONE 
     SESSIONS DURING THE MONTH OF JANUARY ARE THE 12TH AND 26TH.


ADJOURNMENT    2:20 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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