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Formal Agenda


          ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                  MONDAY, JANUARY 26, 2009 AT 5:30 P.M.

                    ALL MEMBERS PRESENT


  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)            Setting the interest rate and levying the
               assessments on Special Assessment Group I of the
               Board of Equalization held January 12, 2008.
               (ADOPTED, 7-0; A-85211)

 2)            Accepting the Report on Board of Equalization to
               City Council on Special Assessment Group I
               Paving Unit No. 140. (PLACED ON FILE)

 3)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by Council on
               January 5, 2009. (PLACED ON FILE)

 4)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by Council on
               January 12, 2009. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 5)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPT:
               Change of Zone 08070 - App. of Wes Meisner,
               from I-1 to B-3 and to designate as a landmark
               property built as the Standard Oil Co. Barn and
               Garage, located at N. 14th Street and
               New Hampshire Street.
               City Change of Zone 08072 - App. of the
               Director of Planning amending Title 27 of the
               Lincoln Municipal Code relating to zoning by
               amending Section 27.07.040, 27.09.040 and
               27.49.040 to add excavation and stone milling as
               a permitted special use in the AG, AGR, and I-2
               zoning districts, respectively; by amending
               Section 27.63.160 to allow excavation and stone
               milling to be approved by special permit in the
               AG, AGR, R-3, B-2, H-2, H-3, H-4, and I-2 zoning
               districts and to provide conditions governing
               said use; amending Sections 27.15.040,
               27.31.050, 27.35.020, 27.41.040, 27.43.040,
               27.45.030, 27.47.030 and 27.51.030 to provide
               consistency in the terminology used in each
               section relating to excavation and stone
               milling; by repealing Sections 27.63.310 and
               27.63.360 entirely; and repealing Sections
               27.07.040, 27.09.040, 27.15.040, 27.31.050,
               27.35.020, 27.41.040, 27.43.040, 27.45.030,
               27.47.030, 27.49.040, 27.51.030, and 27.63.160
               of the LMC.
               Change of Zone 08073 - App. of South Ridge
               Village, LLC from R-3 to O-3 on property at S.
               29th Street and Porter Ridge Road.
               Change of Zone 08075 - App. of Olsson
               Associates, from AG to B-2 on property located
               at N. 98th Street and O Street.
               Special Permit 310B - App. of Olsson
               Associates, for an amendment for expansion of a
               health care facility with waivers to setbacks
               and height, located at Normal Boulevard and
               Cotner Boulevard.
               Special Permit 08052 - App. of South Ridge
               Village, LLC for an early childhood care
               facility with a  waiver of the requirement to be
               located on an arterial street located at S.
               29th Street and Porter Ridge Road.
               Use Permit 100B - App. of South Ridge
               Village, LLC for an amendment to revise the
               boundaries and to add approximately 0.98 acres
               to the existing South Ridge Village use permit,
               with requests to waive the side yard and rear
               yard setbacks on property located at S.
               27th Street and Pine Lake Road.
               Use Permit 08003 - App. of Olsson Associates
               for approximately 19 acres for office and retail
               use on property located at N. 98th Street and O Street.

 6)            Setting the Hearing date of Monday, February 9,
               2009 at 1:30 p.m. for the Application of RED9,
               LLC dba RED9 for a Class C liquor license with
               catering located at 322 South 9th Street.
               (ADOPTED, 7-0; A-85212)


 7)  MISCELLANEOUS REFERRALS

                  - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)

     NONE


PUBLIC HEARING - RESOLUTIONS

 8)  09R-13C   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. Claim of Dale and Nancy Schmidt.
               (1/12/09 - Schmidt claim P.H. & Action con't.
               to 1/26/09)(ADOPTED, 7-0; A-85213)
               Fact Sheet (14K)
               Attachment (21K)

                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 9 THRU 12 HAD 1ST READING)

 9)  09-7      Change of Zone No. 08064   Amending Section
               27.11.080 of the Lincoln Municipal Code
               relating to height and area regulations in
               the R-1 Residential District to reduce
               required side yards of single-family
               dwelling lots in existence on November 2,
               1953 to a width of not less than ten
               percent of the width of the lot, but not
               less than five feet; and repealing Section
               27.11.080 of the Lincoln Municipal Code as
               hitherto existing.
               Fact Sheet (14K)

10)  09-8      Change of Zone No. 08069   Application of
               the Planning Director to reduce the
               Building Line District from 125 feet to 105
               feet adjacent to the residential component
               of Apple's Way Planned Unit Development
               generally located at South 66th Street and
               Highway 2. (Related Items 09-8, 09-
               9)
               Fact Sheet (257K)

11)  09-9      Change of Zone No. 05026B   Application of
               Apple's Way, LLC, for expansion of Apple's
               Way PUD to include Outlot E, Artisan
               Meadows Addition, and to adjust setbacks
               for a subdivision identification sign on
               property generally located at South 66th
               Street and Highway 2. (Related Items 09-
               8, 09-9)
               Fact Sheet (554K)

12)  09-10     Adopting the supplements to the Lincoln
               Municipal Code dated June, 2008 and
               December, 2008 as part of the official
               Lincoln Municipal Code.
               Fact Sheet (17K)


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

13)  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)(LOST, 3-4; 
               CAMP, ESCHLIMAN, SVOBODA ASSENTING; COOK,
               EMERY, MARVIN, SPATZ DISSENTING;#38-4583)
               Fact Sheet (772K)

14)  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)
               (LOST, 3-4; CAMP, ESCHLIMAN, SVOBODA 
               ASSENTING; COOK, EMERY, MARVIN, SPATZ
               DISSENTING;#38-4584)
               Fact Sheet (894K)

15)  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. (PASSED 7-0; #19194)
               Fact Sheet (978K)

16)  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.(PASSED, 7-0; #19195)
               Fact Sheet (174K)

17)  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.
               (PASSED, 7-0; #19196)
               Fact Sheet (84K)

18)  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.
               (PASSED, 7-0; #19197)
               Fact Sheet (150K)

19)  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.(PASSED, 7-0; #19198)
               Fact Sheet (183K)

20)  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.
               (AMENDMENT #1 ADOPTED, 5-2; CAMP,
               COOK, EMERY, ESCHLIMAN, MARVIN ASSENTING;
               SPATZ, SVOBODA DISSENTING; PASSED AS AMENDED,
               6-1; CAMP,  EMERY, ESCHLIMAN, MARVIN, SPATZ, 
               SVOBODA ASSENTING; COOK DISSENTING; #19199)
               Fact Sheet (1224K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST (SEE BILL NOS. 08R-193 and 08-111)
(EXTENDED ONE WEEK)

21)  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)

22)  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)

23)  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)

24)  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)

25)  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)

26)  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)
               (Request to remove from Pending) (WITHDRAWN, 7-0;
               #38-4585)
               Attachment (224K)

27)  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) (Request to
               remove from Pending) (WITHDRAWN, 7-0; #38-4586)
               Fact Sheet (1795K)

28)  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)

29)  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)

30)  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, FEBRUARY 2, 2009 AT 1:30 P.M.:
						(APPROVED, 7-0)

31)  09R-15    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of January 1 -
               15, 2009.
               Fact Sheet (14K)
               Attachment (20K)

32)  09R-14    Approving an Interlocal Agreement between the
               City and Lancaster County for a paving project
               along Alvo Road from N. 14th Street to N.W. 12th
               Street and widening of N. 1st Street to allow a
               left turn lane.
               Fact Sheet (12K)
               Attachment (848K)

33)  09R-16    Hearing on Katie Halperin's Notice of Appeal
               appealing from the determination of Impact Fees
               imposed for the Washington Square Redevelopment
               Project located at 1525 S. 19th Street and 1537
               S. 19th Street and requesting a waiver and
               refund of said fees.
               Fact Sheet (16K)
               Attachment (281K)



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	6:23 P.M.


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