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Formal Agenda


           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, JULY 28, 2008 AT 5:30 P.M.

                    ALL MEMBERS PRESENT EXCEPT CAMP


Anyone wishing to address an item on the Consent Agenda may do so at this time

                            PUBLIC HEARING

                          - CONSENT AGENDA -


REPORTS OF CITY OFFICERS

     NONE

PETITIONS & COMMUNICATIONS

 1)            Setting the hearing date of Monday, August 4,
               2008 at 1:30 p.m. for the application of Mark H.
               McDonald dba The Italian Vine: Wine Distributors
               for a Class X wholesale liquor license located
               at 5310 S. 56th Street.  (ADOPTED, 6-0; A-84946)

 2)            Setting the hearing date of Monday, August 4,
               2008 at 1:30 p.m. for the application of
               Whitehead Oil Company dba U-Stop Convenience
               Shop for a Class D liquor license located at 110
               W. Fletcher Avenue, Suite 101.  (ADOPTED, 6-0; 
               A-84947)

 3)            Informal petition to create a Water District on
               property located at 335 N.W. 19th Street between
               West Q Street and West S Street, submitted by
               Michael Smith, General Partner of SBR Limited
               Partnership. (Referred to Public Works Dept. on
               7/17/08)  (REFERRED TO PUBLIC WORKS DEPT. 
               ON 7/17/08)


 4)  MISCELLANEOUS REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 5)            Application of Husker Management, Inc. dba
               Holiday Inn & Express Suites Lincoln Southeast
               for a Class I liquor license at 8801 Amber Hill
               Ct.  (ADOPTED FOR APPROVAL, 6-0; A-84948)

 6)            Manager application of Kirti K. Trivedi for
               Husker Management, Inc. dba Holiday Inn &
               Express Suites Lincoln Southeast at 8801 Amber
               Hill Ct.  (ADOPTED FOR DENIAL, 6-0; A-84949)

 7)            Application of LNK Lodging, LLC dba Holiday Inn
               Express & Suites Lincoln Airport for a Class I
               liquor license at 1101 W. Commerce Way.
               (ADOPTED FOR APPROVAL, 6-0; A-84950)

 8)            Manager application of Kirti K. Trivedi for LNK
               Lodging, LLC dba Holiday Inn Express & Suites
               Lincoln Airport at 1101 W. Commerce Way.
               (ADOPTED FOR DENIAL, 6-0; A-84951)

 9)            Application of Lazlo Inc. dba Fireworks
               Restaurant to expand its presently licensed
               premises by the addition of an outside sidewalk
               caf‚ area measuring approximately 25 feet by 25
               feet to the west at 5750 S. 86th Drive.
               (ADOPTED FOR APPROVAL, 6-0; A-84952)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 10 
THRU 16 HAD 2ND READING)

10)  08-77     Amending Chapter 14.54 of the Lincoln
               Municipal Code relating to Occupancy Above
               or Below Public Property to permit fences
               and retaining walls on City property under
               the terms and conditions set forth in said
               chapter by amending Section 14.54.010 to
               add definitions for fence and retaining
               wall and to amend the definition of owner;
               amending Section 14.54.020 to remove the
               requirement that City Council approve
               permits; amending Section 14.54.030 to
               provide the procedure for applying for
               fence and retaining wall permits, to allow
               Public Works to set an application fee for
               uses of public space other than fences or
               retaining walls, and to provide for an
               appeal to City Council for denied
               applications; adding a new section numbered
               14.54.035 to provide standards and
               conditions for fences and retaining walls;
               amending Section 14.54.040 to exclude
               fences and retaining walls from the
               insurance and bond requirements; amending
               Section 14.54.070 to amend the permit
               revocation process and to provide for an
               appeal to City Council for revoked permits;
               amending Section 14.54.080 to include
               fences and retaining walls in the
               application of this chapter; amending
               Section 14.54.090 to amend the fee for use
               of public space; and repealing Sections
               14.54.010, 14.54.020, 14.54.030, 14.54.040,
               14.54.070, 14.54.080, and 14.54.090 of the
               Lincoln Municipal Code as hitherto
               existing.
               Fact Sheet (16K)

11)  08-91     Amending Chapter 26.33 of the Lincoln
               Municipal Code relating to fees by amending
               Section 26.33.010 to provide that any
               person submitting an application under
               Title 26 of the Lincoln Municipal Code
               shall pay an appropriate fee therefor as
               established by resolution of the City
               Council; repealing Sections. 26.33.020,
               26.33.030, 26.33.050, 26.33.060, 26.33.070,
               26.33.080, 26.33.090, 26.33.100, 26.33.110,
               26.33.120, and 26.33.130 which set said
               fees by ordinance of the City Council; and
               repealing Section 26.33.010 of the Lincoln
               Municipal Code as hitherto existing.
               (Related Items: 08-91, 08-92, 08-93,
               08R-168)
               Fact Sheet (23K)

12)  08-92     Change of Zone 08035 - Amending Chapter
               27.80 of the Lincoln Municipal Code
               relating to fees by amending Section
               27.80.010 to require any person submitting
               an application under Title 27 of the
               Lincoln Municipal Code to pay an
               appropriate fee therefor as established by
               resolution of the City Council; repealing
               Sections 27.80.020, 27.80.025, 27.80 030,
               27.80.040, 27.80.060, 27.80.070, 27.80.080,
               27.80.090, 27.80.100, 27.80.105, 27.80.110,
               27.80.125, 27.80.130, and 27.80.140, which
               set said fees by ordinance of the City
               Council; and repealing Section 27.80.010 of
               the Lincoln Municipal Code as hitherto
               existing. (Related Items: 08-91, 08-92,
               08-93, 08R-168)
               Fact Sheet (23K)

13)  08-93     Amending Section 14.20.020 of the Lincoln
               Municipal Code relating to vacation of
               public ways to provide that the application
               fee shall be in the amount established by
               resolution of the City Council; and 
               repealing Section 14.20.020 of the Lincoln
               Municipal Code as hitherto existing.
               (Related Items: 08-91, 08-92, 08-93,
               08R-168)
               Fact Sheet (8K)

14)  08R-168   Adopting the Fee Schedule for application
               reviews under Chapter 14.20, Title 26, and Title
               27 of the Lincoln Municipal Code and amendments
               to the Lincoln-Lancaster County Comprehensive
               Plan. (Related Items: 08-91, 08-92, 08-93,
               08R-168) (Action Date: 8/4/08)
               Fact Sheet (12K)

15)  08-94     Vacation 08001 - Vacating the north/south
               alley in the block between Fremont Street
               and Hartley Street and Touzalin Avenue and
               N. 60th Street as requested by the
               Evangelical United Lutheran Church.
               (Related Items: 08-94, 08R-169)
               Fact Sheet (382K)

16)  08R-169   Special Permit 08022 - Application of United
               Lutheran Church to expand a church parking lot,
               with a request to modify the parking
               requirements to allow parking in the front yard
               setback of Hartley Street, Touzalin Avenue and
               N. 60th Street. (Related Items: 08-94, 
               08R-169) (Action Date: 8/4/08)
               Fact Sheet (353K)


PUBLIC HEARING - RESOLUTIONS

17)  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) (MTA #6 ADOPTED, 6-0; ADOPTED AS 
               AMENDED, 6-0; A-84953)
               Fact Sheet (862K)
               Motion To Amend 1 (6K)

18)  08R-166   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of July 1 - 15,
               2008.  (ADOPTED, 6-0; A-84954)
               Fact Sheet (14K)
               Attachment (19K)

19)  08R-164   Approving RFOX Inc. dba Fox Neighborhood Grill &
               Bar as a keno satellite site at 1245 Libra
               Drive.  (ADOPTED, 4-2; COOK, ESCHLIMAN 
               DISSENTING; A-84955)
               Fact Sheet (72K)

20)  08R-165   Approving Midtown Drifters Inc. dba Drifters as
               a keno satellite site at 3223 Cornhusker
               Highway.  (ADOPTED, 4-2; COOK, ESCHLIMAN 
               DISSENTING; A-84956)
               Fact Sheet (71K)

21)  08R-167   Approving the 2008-2009 Maintenance and
               Management BID Budgets and Program of Work for
               the Downtown Lincoln Association Program for
               Fiscal Year 2008-09.  (ADOPTED, 6-0; A-84957)
               Fact Sheet (70K)
               Attachment (378K)

                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 22 
THRU 26 HAD 1ST READING)

22)  08-98     Amending Section 12.08.270 of the Lincoln
               Municipal Code relating to alcoholic liquor
               in parks to conditionally allow alcohol on
               the premises of Hazel Abel Park, Stransky
               Park, Sunken Gardens, Antelope Park Rose
               Garden, Pioneers Park Nature Center; and
               repealing Section 12.08.270 of the Lincoln
               Municipal Code as hitherto existing.
               Fact Sheet (16K)

23)  08-99     Approving a lease agreement between the
               City and the Hickman Presbyterian Church
               for the lease of space by the Lincoln Area
               Agency on Aging for its ActivAge Center
               Program at 300 E. Third Street, Hickman,
               Nebraska from September 1, 2008 to August
               31, 2009.
               Fact Sheet (70K)
               Attachment (137K)

24)  08-100    Approving a transfer of appropriations and cash
               (where appropriate) between certain capital
               improvement projects within the street
               construction/vehicle tax fund, water
               construction fund, and sanitary sewer
               construction fund within the Public Works &
               Utilities Department.
               Fact Sheet (12K)

25)  08-101    Amending Sections 2.76.153 Compensation Plan;
               Merit Pay Plan; Shift Differential; 2.76.370
               Authorized Holidays; 2.76.380 Sick Leave with
               Pay; and 2.76.395 Vacation Leave with Pay; of
               the Lincoln Municipal Code to reflect negotiated
               changes and changes applicable to employees not
               represented by a bargaining unit.
               Fact Sheet (59K)

26)  08-102    Adopting Chapter 14.58 of the Lincoln Municipal
               Code regarding street pole banners over public
               ways.
               Fact Sheet (128K)


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) (SEE ITEM #32)

27)  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.  (PASSED, 6-0; #19109)
               Fact Sheet (87K)

28)  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.  (PASSED, 6-0; #19110)
               Fact Sheet (644K)

29)  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)  (ADOPTED, 4-2; COOK, 
               MARVIN DISSENTING; A-84958)
               Fact Sheet (13K)
               Attachment (18K)

30)  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)  (PASSED, 4-2; COOK, MARVIN DISSENTING; 
               #19111)
               Fact Sheet (757K)

31)  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)
               (PASSED, 4-2; COOK, EMERY DISSENTING; 
               #19112)
               Fact Sheet (774K)

32)  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)  (MTA #2 ADOPTED, 6-0; 
               MTA #1, 3-3; COOK, EMERY, MARVIN DISSENTING; 
               DUE TO TIE VOTE, MTA #1 & MAIN MOTION CARRIED 
               FORWARD FOR ACTION ONLY TO 8/4/08)
               Fact Sheet (1159K)

33)  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. (PASSED, 6-0; 
               #19113)
               Fact Sheet (1101K)

34)  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.  (PASSED, 6-0; #19114)
               Fact Sheet (70K)
               Attachment (106K)


PENDING LIST - DATE CERTAIN

35)  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) (7/21/08 - P.H.
               con't. to 8/18/08 w/Action on 8/25/08)
               Fact Sheet (13K)
               Attachment (21K)

36)  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) (7/21/08 - P.H. con't. to
               8/18/08 w/Action on 8/25/08)
               Fact Sheet (172K)

37)  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)
               (7/21/08 - P.H. con't. to 8/18/08 w/Action
               on 8/25/08)
               Fact Sheet (376K)
               Attachment (63K)

38)  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) (7/21/08 - P.H.
               con't. to 8/18/08 w/Action on 8/25/08)
               Fact Sheet (365K)


PENDING LIST   (EXTENDED ONE WEEK)

39)  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)

40)  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)

41)  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)

42)  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)

43)  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)

44)  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)

45)  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, AUGUST 4, 2008, AT 1:30 P.M.:
                                               (APPROVED, 6-0)

46)  08R-174   Approving the 2008-09 Work Plan for the
               Interlocal Agreement on Stormwater Management
               between the City and Lower Platte South Natural
               Resources District to address stormwater quality
               and quantity issues.
               Fact Sheet (12K)
               Attachment (213K)

47)  08R-175   Approving a schedule of fees the City may charge
               for ambulance service.
               Fact Sheet (120K)
               Attachment (7K)


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 (7/23/08) PRIOR TO THE NEXT FORMAL CITY 
     COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH 
     IS 7/28/08.

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. OPEN MICROPHONE 
     SESSIONS DURING THE MONTH OF JULY ARE THE 14TH AND THE 28TH.


ADJOURNMENT    6:45 P.M.


ANNOUNCEMENTS:
     Public Hearing on the 1 & 6 Year Street & Highway Program, 
     the 2008-09 Mayor's Recommended Annual Operating Budget and 
     Capital Improvement Program FY-2008/09-2013/14 is set for 
     Monday, August 11, 2008 at 2:30 p.m. (Action Date: 8/25/08)


                                   ***
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                              lincoln.ne.gov
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