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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, JANUARY 12, 2009 AT 1:30 P.M.

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

                       ALL MEMBERS PRESENT

    MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF DECEMBER WAS AWARDED TO
 BARBARA BOGGS, EMPLOYMENT TECHNICIAN II, OF PERSONNEL DEPT.  FOR PRODUCTIVITY
 AND LOSS PREVENTION AND NICHOLAS WEMHOFF, SYSTEMS SOFTWARE INTEGRATOR, OF 
 INFORMATION SERVICES DIVISION IN FINANCE FOR THE CATEGORIES OF PRODUCTIVITY
 AND LOSS PREVENTION AS WELL AS PRODUCTIVITY AND CUSTOMER RELATIONS.
                                 
           IMMEDIATELY PRECEDING THE REGULAR CITY COUNCIL MEETING 
  THE CITY COUNCIL WILL CONVENE AS THE BOARD OF EQUALIZATION TO EQUALIZE 
                     ASSESSMENTS FOR PAVING UNIT NO. 140.  (APPROVED, 7-0)
                     

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)  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. (ADOPTED, 7-0; A-85197)
               Attachment (37K)

 2)  09R-4     Reappointing John "Jack" Lorenzen and Matt
               Morrissey to the Water Conditioning Board
               of Examiners for three-year terms expiring
               September 4, 2011.(ADOPTED, 7-0; A-85198)

 3)  09R-5     Reappointing James Lamphere to the
               Government Access and Information Committee
               for a two-year term expiring January 1,2011.
               (ADOPTED, 7-0; A-85199)

 4)  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.(ADOPTED, 7-0; A-85200)

 5)  09R-7     Reappointing Ken Svoboda to the District
               Energy Corporation for a two-year term
               expiring December 31, 2010.(ADOPTED,
               7-0; A-85201)

 6)  09R-10    Appointing James O'Hanlon to the Auditorium
               Advisory Board for a term expiring August 31,
               2014.(ADOPTED, 7-0; A-85202)
               Attachment (54K)

 7)  09R-11    Appointing Scott Hatfield to the Citizen Police
               Advisory Board for a three-year term expiring
               November 17, 2011.(ADOPTED, 7-0; A-85203)
               Attachment (26K)

  8) 09R-12    Appointing Alex Paine to the Parks and
               Recreation Advisory Board for a term
               expiring June 1, 2009.(ADOPTED, 7-0; A-85204)
                Attachment (53K)

 9)            Report from City Treasurer of Telecommunications
               Occupation Tax for the month of July 1, 2008 to
               September 30, 2008: CA Affinity; October, 2008:
               New Cingular Wireless PCS, Cricket, AT&T, USCOC
               of Greater Iowa, TWC Digital Phone, Sprint
               Spectrum, Windstream Nebraska, Windstream
               Systems of the Midwest, Sprint, Guaranteed Phone
               Service, Granite, Verizon Select, ACN, Business
               Prod. Solutions, Who's Calling, Viaero Wireless,
               Telecorp, USCOC of Nebraska/Kansas, TCG Omaha,
               Global Crossing, Broadwing, OnStar Corp.,
               Verizon Long Distance, UCN, Working Assets
               Funding Service, Qwest, McLeodUSA, Trans
               National Comm. International, Primus, XO, Virgin
               Mobile USA, IBM Global Services-NS Div., CIMCO,
               Intellicall Operator Services, TON Services,
               Quantum Shift, KDDI America, EarthLink, ATI,
               Cincinnati Bell Any Distance, TracFone Wireless,
               Arizona Telephony, Globalstar USA, VoiceCom, New
               Edge Networks, Norstan Network, BT Americas,
               Network Billing Systems, Business Telecom.;
               November, 2008: Nextel, Sprint, Sprint Spectrum,
               MCI, Nextel West, D&D, Alltel, Alltel Comm. of
               Nebraska, Tri-M, Zone Telecom., GTC, Lightyear
               Network Solutions, Enhanced Comm. Network,
               Network Billing Systems, BT Americas, Business
               Telecom., LDMI, Norstan Network, SBC Long
               Distance, GlobalCom, First Comm., NOSVA Limited
               Partnership, Wholesale Carrier Services,
               Covista, NOS Comm., 360networks (USA), Viaero
               Wireless, Unite Private Networks, ATS Mobile
               Telephone, Spectrotel, Inc. (PLACED ON FILE)

10)            Report from City Treasurer of franchise tax for
               the month of October, 2008 and November, 2008
               from Black Hills/Nebraska Gas Utility Co., LLC. 
               (PLACED ON FILE)

11)            Report from City Treasurer of E911
               Telecommunication Occupation Tax for November,
               2008: Level 3 Comm., AT&T Comm. of Midwest, TWC
               Digital Phone, 8x8, Inc., ACN Comm. Services,
               Comtel Telcom Assets. (PLACED ON FILE)

12)            Report of Lincoln Water & WasteWater System
               Recapitulation of Daily Cash Receipts for
               December 2008. (PLACED ON FILE)

13)            Report from City Treasurer of City Cash on Hand
               at the close of business November 30, 2008. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

14)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
               DEPT.:
               Change of Zone 05026B - App. of Olsson
               Associates for an amendment to the Apple's Way
               PUD to adjust setbacks in the R-1 zoning
               district & to expand the boundary of the PUD to
               include an outlot for a subdivision
               identification sign on property at S.
               66th Street and Highway 2.
               Change of Zone 08051 - App. of Reserve
               Development, LLC from AGR to R-3 on property
               located southwest of SW 12th Street and
               W. Denton Road.
               Change of Zone 08064 - App. of Director of
               Planning to amend Section 27.11.080 of the LMC
               relating to height and area regulations in the
               R-1 to reduce required side yards of single-
               family dwelling lots in existence on November 2,
               1953 to a width of not less than 10% of the
               width of the lot, but not less than 5 feet and
               repealing Section 27.11.080 of the LMC.
               Change of Zone 08066 - App. of Director of
               Urban Development, Antelope Village PUD for a
               PUD District designation of property northeast
               of N. 23rd Street and P Street and modifications
               to the standards of the underlying
               zoning district, subdivision ordinance and
               design standards.
               Change of Zone 08067 - App. of Director of
               Urban Development from R-6 to B-3 and from I-1
               to B-3 on property at North 26th Street and
               W Street.
               Change of Zone 08068 - App. of Director of
               Planning amending Section 27.71.190 of the LMC
               relating to Building Line Districts to provide
               that the street centerlines referred to in this
               section are those shown on the Lincoln Building
               Line District Map dated November 1, 1985 as
               amended and repealing Section 27.71.190 of the
               LMC.
               Change of Zone 08069 - App. of Director of
               Planning to adjust the Building Line District on
               property located at S. 66th Street and
               Highway 2.
               Special Permit 08041 - App. of Reserve
               Development, LLC, Stone Haven CUP for
               approximately 84 single family lots and 72
               single family attached lots with requests t o
               waive pedestrian easements and setbacks on
               property located southwest of SW 12th Street
               and W. Denton Road.  Planning Commission
               action is final action unless appealed to the
               City Council.
               Special Permit 08050 - App. of Titus
               Construction for expansion of a nonstandard
               single family dwelling into the required rear
               yard on property located at N. 33rd Street and
               W Street (827 N. 33rd
               Street).


15)  MISCELLANEOUS REFERRALS

                  - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

16)            Application of Nam V. Duong dba Nam's for a
               Class C liquor license at 940 North 27th Street.
               (DENIED FOR APPROVAL, 7-0; A-85205)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 17 THRU 24 HAD 2ND READING.)

17)  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)

18)  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)

19)  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)

20)  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)

21)  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)

22)  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)

23)  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)

24)  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)


PUBLIC HEARING - RESOLUTIONS

25)  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) (1/5/09 - Removed
               from Pending to have P.H. & Action 1/12/09)
               (ADOPTED, 7-0; A-85206)
               Fact Sheet (20K)
               Attachment (255K)
               Attachment 2 (285K)

26)  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. (AMENDED TO REMOVE SCHMIDT CLAIM TO
               HAVE CONT. PUBLIC HEARING & ACTION ON 1/26/09, 6-1;
               SPATZ DISSENTING; CAMP, COOK, EMERY, ESCHLIMAN,
               MARVIN, SVOBODA ASSENTING; ADOPTED AS AMENDED, 7-0;
               A-85207)
               Fact Sheet (14K)
               Attachment (21K)

27)  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.(AMENDMENT #1, 7-0; ADOPTED AS AMENDED,
               7-0; A-85208)
               Fact Sheet (40K)
               Attachment (342K)
               Motion To Amend 1 (469K)

28)  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. (ADOPTED, 7-0;
               A-85209)
               Fact Sheet (38K)
               Attachment (323K)

29)  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. (AMENDED, 6-1; MARVIN DISSENTING;
               ADOPTED AS AMENDED, 6-1; MARVIN DISSENTING; CAMP, COOK,
               EMERY, ESCHLIMAN, SPATZ, SVOBODA ASSENTING; A-85210)
               Fact Sheet (456K)

                  - END PUBLIC HEARING -


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

     NONE


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

30)  08-169    Approving a six-year lease agreement between the
               City and Frontier Harley Davidson Inc. for seven
               police motorcycles.(PASSED, 7-0; #19192)
               Attachment (655K)

31)  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.
               (PASSED, 7-0; #19193)
               Fact Sheet (399K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

32)  05-188    Change of Zone 3413 - Application of Landon's
               Neighborhood Assoc. for a change of zone from R-
               4 Residential to R-2 Residential on property
               generally located at N. 24th and Superior
               Streets. (12/19/05 - Placed on Pending
               Indefinitely)
               Fact Sheet (1465K)

33)  07-73     Amending Title 20 of the Lincoln Municipal
               Code, the Building Code, by adding a new
               Chapter 20.02, entitled Neglected Building
               Registration, to require registration of
               neglected, deteriorated and/or abandoned
               buildings, to require the filing of plans
               for restoration or demolition of abandoned
               buildings, and to establish penalties for
               violations thereof. (5/7/07 - Placed on
               Pending, No Date Certain)
               Fact Sheet (13K)

34)  07-58     Change of Zone 07010 - Application of Steve
               M. Champoux for a change of zone from AG
               Agricultural District to AGR Agricultural
               Residential District on property generally
               located at 134th and A Streets. (Request of
               applicant to continue P.H. to 5/7/07)
               (4/16/07 - 2nd Reading & P.H. Con't. to
               5/7/07 w/ Action 5/14/07) (Request to Delay
               Action w/con't. P.H. to 7/23/07) (5/14/07 -
               Action Delayed w/con't. P.H. to 7/23/07)
               (Request to Place on Pending - No Date
               Certain) (7/23/07 - Placed on Pending,
               No Date Certain)
               Fact Sheet (1439K)

35)  08-63     Annexation No. 08003 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 63.13 acres of property
               generally located at N. 35th Street and
               Superior Street. (Related Items: 08-63,
               08-64) (6/9/08 - Placed on Pending, No Date
               Certain)
               Fact Sheet (232K)

36)  08-64     Change of Zone 08019 - Application of
               Robert and Victoria Rokeby for a change of
               zone from R-3 Residential District to H-3
               Highway Commercial District on property
               generally located at N. 35th Street and
               Superior Street. (Related Items: 08-63,
               08-64) (6/9/08 - Placed on Pending, No Date
               Certain)
               Fact Sheet (291K)

37)  08R-193   Approving the Development and Conditional Zoning
               Agreement between the City and Boyce
               Construction, Inc. for the development of the
               property located at North 14th Street and
               Superior Street subject to restrictions on
               maximum density, drive access to North 14th
               Street, and a drive access to the north boundary
               of the property to be compatible with the
               adjacent residential neighborhood. (Related
               Items: 08R-193, 08-111) (Action Date: 9/8/08)
               (8/25/08 - Placed on Pending Indefinitely)
               Attachment (224K)

38)  08-111    Change of Zone 08036 - Application of Boyce
               Construction for a change of zone from R-2
               Residential District to R-5 Residential District
               on approximately 29,227 sq. ft. generally
               located at N. 14th Street and Superior Street.
               (Related Items: 08R-193, 08-111) (8/25/08 -
               Placed on Pending Indefinitely)
               Fact Sheet (1795K)

39)  08-157    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)

40)  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)

41)  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 26, 2009 AT 5:30 P.M.:

     NONE


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 (1/21/09) PRIOR TO THE 
     NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE 
     SESSION WHICH IS 1/26/09.

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   4:39 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
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                  on 5 City-TV, Cable Channel 5.
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   the Internet at:
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