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Formal Agenda


       ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
                 MONDAY, JULY 14, 2008 AT 1:30 P.M.

                    ALL MEMBERS PRESENT


MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF JUNE, 2008 WAS AWARDED 
      TO JOYCE KUBICEK OF THE LINCOLN AREA AGENCY ON AGING/LIFE DEPT. FOR
      THE CATEGORY OF CUSTOMER RELATIONS AND VALOR.

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)            Report from City Treasurer of Franchise tax for
               the month of May, 2008 from Aquila. (PLACED ON
               FILE)

 2)            Report from City Treasurer of Telecommunication
               Occupation Tax for the April, 2008: ACN, USCOC
               of Greater Iowa, TWC Digital Phone, Windstream
               of Nebraska, Windstream Systems of the Midwest,
               Nebraska Technology & Telecomm., Sprint, New
               Cingular Wireless, Primus, Broadwing, OnStar,
               Qwest, USCOC of NE/KS, Verizon Select, Verizon-
               Bell Atlantic, Virgin Mobile USA, Wholesale
               Carrier, Telecorp, ACN, VCN, Trans National,
               Global Crossing, McLeod USA, Working Assets,
               Broadband Dynamics, Business Products Solutions,
               CIMCO, TON Services, IBM Global, LDMI, KDDI
               America, Quantum Shift, Norstan Network,
               EarthLink, VoiceCom, Intellicall Operator,
               Andiamo, Advanced Tel, XO Comm., Global Star
               USA, New Edge Network, Cincinnati Bell Any
               Distance; May, 2008: Unite Private Networks, TCG
               Omaha, Acceris, BT Americas, NOSVA Limited, SBC
               Long Distance, Talk America, 360Networks (USA),
               First Communications, GlobalCom, LDMI, ATS
               Mobile, Covista, NOS, Zone Telecom, Enhanced,
               GTC, Lightyear Network, TRI-M, D&D, AAT&T Comm.
               of Midwest, Alltel, Alltel Comm. of NE, Comtel
               Telcom Assets, ACN, Budget Prepay, Qwest, Level
               3, Level 3, TWC Digital Phone, AT&T of Midwest;
               June, 2008: AT&T of Midwest, Shaffer. (PLACED
               ON FILE)
 

PETITIONS & COMMUNICATIONS

 3)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
               DEPT.:
               Change of Zone 08026 - Request of
               Planning Director from P Public Use, I-1, B-3
               and R-6, R-7, and R-8 to B-4 and from I-7 and 
               R-6 to P Public Use District in the Antelope
               Valley area generally from K Street to Vine
               Street, from 18th to 23rd Street.              
               Change of Zone 08027 - Request of
               Planning Director for proposed text
               amendments to Title 27 of the Lincoln
               Municipal Code (Zoning Ordinance) relating
               to the B-4 Lincoln Center Business District
               and O-1 Office District, and related
               amendments relating to Signs, Special
               Permits, and Parking in the B-4 Lincoln
               Center Business District.
               Change of Zone 08032 - Request of
               Whitehead Oil Company, from R-6 to B-3 located
               at 21st and K Streets. 
               Change of Zone 08036 - Request of Boyce
               Construction, Inc., from R-2 Residential
               District to R-5 Residential District, on
               property legally described as the east 168' of
               Lot 16, Highland Place and the North ½ of
               vacated Holltorf Street, except the east 17'
               abutting thereon, all located in the NE 1/4 of
               Section 11-10-6, Lancaster County, Nebraska,
               generally located at N. 14th Street and
               Superior Street.
               Special Permit 08029 - Request of Richard
               Reier, for expansion of a non-conforming
               dwelling unit into a required front yard to
               enclose the existing deck, on property legally
               described as Lot 7, Block 7, Battlecreek
               Addition to College View, located in the SW 1/4
               of Section 4-9-7, Lancaster County, Nebraska,
               generally located at S. 58th and Stockwell
               Streets (5750 Stockwell Street).  The
               Planning Commission action is final action,
               unless appealed to the City Council.
               Special Permit 08031 - Request of
               Whitehead Oil Company, for the authority to sell
               alcohol beverages for consumption off the
               premises on property generally located at S.
               21st Street and K Street.

 4)            Setting the hearing date of Monday, July 28,
               2008, at 5:30 p.m. for the Application of Lazlo,
               Inc. dba Fireworks Restaurant to expand its
               licensed premises by the addition of a Sidewalk
               Cafe‚ located at 5750 S. 86th Dr. (ADOPTED, 7-0;
               A-84926)

 5)            Setting the Hearing Date of Monday, July 28,
               2008 at 5:30 p.m. for Application of Husker
               Management, Inc. dba Holiday Inn Express Suites
               for a Class I liquor license located at 8801
               Amber Hill Ct. (ADOPTED, 7-0; A-84927)

 6)            Setting a Hearing Date of Monday, July 28, 2008
               at 5:30 p.m. for the Application of LNK Lodging
               LLC dba Holiday Inn Express & Suites Lincoln
               Airport for a Class I liquor license located at
               1101 W. Commerce Way.(ADOPTED, 7-0; A-84928)


 7)  MISCELLANEOUS REFERRALS

                  - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 8)            Application of Hummerz Bar & Grill, Inc. dba
               Hummerz Bar & Grill for a Class I liquor license
               at 501 West A Street, Suite 103.(ADOPTED FOR
               APPROVAL, 5-2; COOK, MARVIN DISSENTING; A-84929)

 9)            Manager application of Luis D. Garay for Hummerz
               Bar & Grill, Inc. dba Hummerz Bar & Grill at 501
               West A Street, Suite 103.(ADOPTED FOR APPROVAL,
               5-2; COOK, MARVIN DISSENTING; A-84930)

10)            Application of Midtown Drifters Inc. dba
               Drifters for a Class C liquor license at 3223
               Cornhusker Highway.(ADOPTED FOR APPROVAL,
               7-0; A-84931)

11)            Manager application of Eugene F. Flynn for
               Midtown Drifters Inc. dba Drifters at 3223
               Cornhusker Highway.(ADOPTED FOR APPROVAL,
               7-0; A-84932)

12)            Application of Gilberto Reyes Jr. dba Reyes Club
               for a Class I liquor license at 2608 Park
               Boulevard.(ADOPTED FOR APPROVAL, 7-0;
               A-84933)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 13 THRU 17 HAD 2ND READING.)

13)  08-78     Approving a lease agreement between the
               City and First United Methodist
               Church/Waverly, for the lease of space by
               the Lincoln Area Agency on Aging for its
               ActivAge Center Program at 14410 Folkestone
               Street, Waverly, Nebraska for a one-year
               term from September 1, 2008 through August
               31, 2009. 
               Fact Sheet (70K)
               Attachment (86K)

14)  08-79     Approving a lease agreement between the
               City and the Asian Community & Cultural
               Center, for the lease of space by the
               Lincoln Area Agency on Aging for its
               ActivAge Center Program at 2615 O Street,
               Lincoln, Nebraska for a one-year term from
               September 1, 2008 through August 31, 2009.
               Fact Sheet (71K)
               Attachment (85K)

15)  08-80     Street Name Change 08001 - Renaming
               Montello Road and South 91st Street from
               84th Street to the existing Firethorn Lane
               as "Firethorn Lane".
               Fact Sheet (749K)
               Motion To Amend 1 (6K)

16)  08-81     Change of Zone 08024 - Application of Ryan
               Omel for a change of zone from P Public Use
               District to AG Agricultural District on
               approximately 2.7 acres generally located
               at S.W. 9th Street and W. Rokeby Road.
               Fact Sheet (591K)

17)  08-82     Approving a Sublease Agreement between the
               City and Experience Works for Experience
               Works' use in job training and employment
               services under the Workforce Investment Act
               for a term of one year from July 1, 2008 to
               June 30, 2009.
               Fact Sheet (77K)
               Attachment (1478K)


PUBLIC HEARING - RESOLUTIONS

18)  08R-156   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of June 16 - 30,
               2008.(ADOPTED, 7-0; A-84934)
               Fact Sheet (14K)
               Attachment (19K)

19)  08R-151   Approving a Subcontract Agreement between the
               City of Lincoln on behalf of the Lincoln-
               Lancaster County Health Department  and Cedars
               Youth Services for the Parenting Support Project
               for a term of March 1, 2008 through June 30,
               2009.(ADOPTED, 7-0; A-84935)
               Fact Sheet (76K)
               Attachment (632K)

20)  08R-153   Special Permit 08023 - Application of Jeffery
               and Elizabeth Kohout for an early childhood care
               facility in a dwelling not used for a residence,
               with a request to reduce the required number of
               parking stalls, on property generally located at
               S. 16th Street and Smith Street (2640 S. 16th
               Street).(ADOPTED, 7-0; A-84936)
               Fact Sheet (325K)

21)  08R-155   Approving and Agreement between the City of
               Lincoln and the University of Nebraska-Lincoln
               to conduct stormwater quality monitoring to meet
               the requirements of the City's NPDES stormwater
               permit for a period of July 1, 2008 through
               December 31, 2008.(ADOPTED, 7-0; A-84937)
               Fact Sheet (13K)
               Attachment (862K)

22)  08R-157   Approving the City of Lincoln Redevelopment
               Agreement (Rosewood Project) between the City
               and B&J Partnership LTD relating to the
               redevelopment of property generally located at
               2301 N.W. 12th Street for construction of 22,000
               sq. ft. for commercial space.(ADOPTED, 7-0; A-84938)
               Fact Sheet (89K)
               Attachment (1270K)

23)  08R-158   Approving a request to the City Audit Advisory
               Board pursuant to Chapter 4.66 of the Lincoln
               Municipal Code to consider the appropriateness
               and desirability of performing an audit of the
               City's fund account balances.(AMENDED, 7-0;
               ADOPTED SUBSTITUTE, 7-0; A-84939)
               Fact Sheet (13K)


                   - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 24 THRU 35 HAD 1ST READING.)

24)  08-83     Change of Zone 08028 - Amending Title 27 of
               the Lincoln Municipal Code, the Zoning
               Code, by amending Section 27.25.020 to
               allow private schools as a permitted use in
               the O-1 Office District; amending Sections
               27.25.030 and 27.63.075 to delete private
               schools as a permitted special use in the
               O-1 Office District; and repealing Sections
               27.25.020, 27.25.030 and 27.63.075 of the
               Lincoln Municipal Code as hitherto existing.
               Fact Sheet (87K)

25)  08-84     Change of Zone 08029 - Application of
               Nebraska Acquisition Corp. (Kaplan
               University) for a change of zone from R-6
               Residential District and R-7 Residential
               District to O-1 Office District, on
               approximately 3.0 acres generally located
               at the southeast corner of S. 18th Street
               and K Street.
               Fact Sheet (644K)

26)  08R-163   Approving the Development and Conditional Zoning
               Agreement between the City and Whitehead Oil
               Company relating to the development of property
               generally located at South 21st Street and K
               Street. (Related Items: 08R-163, 08-85) 
               (Action Date: 7/28/08)
               Fact Sheet (13K)
               Attachment (18K)

27)  08-85     Change of Zone 08032 - Application of
               Whitehead Oil Company for a change of zone
               from R-6 Residential District to B-3
               Commercial District on approximately 1.47
               acres generally located at S. 21st Street
               and K Street. (Related Items: 08R-163,
               08-85)
               Fact Sheet (757K)

28)  08-86     Change of Zone 08033 - Application of
               Chateau Properties, LLC, for a change of
               zone from R-2 and R-3 Residential Districts
               to R-4 and R-5 Residential Districts; from
               R-3 Residential to R-2 Residential
               District; and from R-5 Residential District
               to R-4 Residential District, on
               approximately 81.24 acres generally located
               at North 56th Street and Holdrege Street to
               North Cotner Blvd. and Vine Street.
               (Related Items: 08-86, 08R-159)
               Fact Sheet (774K)

29)  08R-159   Special Permit 1174G - Application of Chateau
               Development, LLC, to expand the Chateau Le
               Fleur/Charleston Court Community Unit Plan to
               add 144 multiple-family dwelling units, on
               property generally located at North 56th Street
               and Holdrege Street to Cotner Blvd. and Vine
               Street. (Related Items: 08-86, 08R-159)
               (Action Date:  7/28/08)
               Fact Sheet (1159K)

30)  08-87     Change of Zone 08034 - Amending Section
               27.69.020 of the Lincoln Municipal Code
               relating to Sign Code Definitions by
               amending the definition of pole sign to
               delete the requirement that the bottom edge
               of the sign face is ten feet or more above
               grade and to delete the reference that a
               pylon sign is a pole sign; and repealing
               Section 27.69.020 of the Lincoln Municipal
               Code as hitherto existing.
               Fact Sheet (1101K)

31)  08-88     Approving the lease agreement between the
               City and Erin Alm of Wahoo, Nebraska, for
               the lease of office space by the Lincoln
               Area Agency on Aging for its Lincoln
               Information for the Elderly (LIFE) Program
               at 1325 N. Chestnut St., Wahoo, NE 68066
               for a term of July 1, 2008 through June 30,
               2009.
               Fact Sheet (70K)
               Attachment (106K)

32)  08R-160   Approving a Memorandum of Understanding between
               the City and the Lancaster County Agricultural
               Society relating to the annexation of
               approximately 160 acres of property generally
               located at North 84th Street and Havelock Ave.
               (Related Items: 08R-160, 08R-161, 08-89,
               08-90) (Action Date: 7/28/08)
               Fact Sheet (13K)
               Attachment (21K)

33)  08R-161   Comp. Plan Amendment 08014 - Amending the 2030
               Lincoln/Lancaster County Comprehensive Plan to
               designate land located at the southeast corner
               of North 84th Street and Havelock Ave. as
               Commercial in the Land Use Plan. (Related
               Items: 08R-160, 08R-161, 08-89, 08-90) 
               (Action Date: 7/28/08)
               Fact Sheet (172K)

34)  08-89     Annexation 08004 - Application of Lancaster
               County Agricultural Society, Inc. to amend
               the Lincoln Corporate Limits Map by
               annexing approximately 29.07 acres of
               property generally located at North 84th
               Street and Havelock Ave. (Related
               Items: 08R-160, 08R-161, 08-89, 08-90)
               Fact Sheet (376K)
               Attachment (63K)

35)  08-90     Change of Zone 08025 - Application of
               Lancaster County Agricultural Society, Inc.
               for a change of zone from AG Agricultural
               District to H-4 General Commercial District
               on property generally located at the
               southeast corner of North 84th Street and
               Havelock Ave. (Related Items: 08R-160,
               08R-161, 08-89, 08-90)
               Fact Sheet (365K)


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

36)  08-75     Approving the Master Fiber IRU Conveyance
               and Conduit Sharing Agreement for a term of
               20 years between the City and Unite Private
               Networks for the placement and sharing of
               network facilities on City right-of-way.
               (PASSED, 7-0; #19102)
               Fact Sheet (9K)
               Attachment (1645K)

37)  08R-143   Approving the Development and Conditional Zoning
               Agreement between the City and Whitehead Oil Co.
               for the development of the property generally
               located at S. 33rd and A Streets subject to
               restrictions on access to A Street, uses,
               lighting, and signage to be compatible with the
               adjacent residential neighborhood. (Related
               Items: 08R-143, 08-76)  (Action Date:
               7/14/08)(ADOPTED, 7-0; A-84940)
               Fact Sheet (8K)
               Attachment (11K)

38)  08-76     Change of Zone 08023 - Application of
               Whitehead Oil Co. for a change of zone from
               R-2 Residential District to B-3 Commercial
               District on approximately .13 acres
               generally located northwest of S. 33rd and
               A Streets.  (Related Items: 08R-143, 08-76)
               (PASSED, 7-0; #19103)
               Fact Sheet (230K)


PENDING LIST - DATE CERTAIN

39)  08R-82    Special Permit 08015 - Application of Roger
               Schwisow for authority to allow
               mining/extraction of soil of agricultural zoned
               property located northwest of the intersection
               of N.W. 56th Street and West O Street. (3/31/08
               - Cont'd P.H. w/Action on 4/14/08)(4/14/08 -
               Cont'd P.H. w/ Action to 4/28/08)(4/28/08-
               Cont'd P.H. w/Action to 5/19/08) (5/19/08-
               Placed on Pending, No Date Certain)(6/9/08 -
               Removed from Pending to have P.H. on 7/7/08)
               (7/7/08 - P.H. & Action cont'd to
               7/28/08)
               Fact Sheet (862K)
               Motion To Amend 1 (6K)


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)  08-5      Comp. Plan Conformity 07025 - Declaring
               approximately 43,200 square feet generally
               located at N.W. 52nd Street and West
               Huntington Ave. as surplus property and
               authorizing the sale thereof. (1/28/08 -
               Action Delayed 2 wks to 2/11/08)
               (2/11/08 - Placed on Pending
               Indefinitely)
               Fact Sheet (1803K)

44)  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)

45)  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)

46)  08-73     Change of Zone No. 08022HP - Application of
               Danja Pegram Siders, on behalf of Aginvest
               LLC, to designate the Dr. Slattery House at
               5230 North 14th Street as a historic
               landmark. (6/23/08 - Placed on Pending
               Indefinitely, w/con't P.H.)
               Fact Sheet (1287K)


WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, JULY 21, 2008, AT 1:30 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 (7/9/08)  PRIOR
     TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
     MICROPHONE SESSION WHICH IS 7/14/08.

     
Wayne Anderson - Noise level of music played at the Bethany swimming pool during operating hours. (UNABLE TO ATTEND CITY COUNCIL MEETING)
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. OPEN MICROPHONE SESSIONS DURING THE MONTH OF JULY ARE THE 14TH AND THE 28TH . ADJOURNMENT 2:44 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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