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Formal Agenda


         ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, AUGUST 18, 2008 AT 1:30 P.M.

	ALL MEMBERS PRESENT EXCEPT ESCHLIMAN (COOK ARRIVED AT 2:30 P.M.)

	MAYOR'S AWARD OF EXCELLENCE FOR JULY 2008 - CYNTHIA KOENIG -WARNKE,
 POLICE OFFICER FOR LPD TECHNICAL INVESTIGATION UNIT, IN THE CATEGORY OF PRODUCTIVITY.


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)            Clerk's Letter and Mayor's Approval of Ordinances 
               & Resolutions passed by Council on August 4, 2008. 
               (PLACED ON FILE)

 2)            Report from City Treasurer of City Cash on hand
               at the close of business June 30, 2008. (PLACED 
               ON FILE)

 3)            Report from City Treasurer of Franchise Tax for
               the month of June, 2008 from Aquila. (PLACED ON
               FILE)

 4)            Report from City Treasurer of Franchise Tax for
               the month of June 30, 2008 from Time Warner
               Cable. (PLACED ON FILE)

 5)            Report from City Treasurer of Emergency 911 Tax
               for the month of June, 2008 from Budget Prepay,
               Inc., AT&T Comm. of Midwest, Inc., Qwest Comm.,
               Level 3 Comm., Level 3 Comm., Granite Telecomm.,
               Comtel Telcom Assets, ACN Comm., AT&T Comm. of
               Midwest, TWC Digital Phone, LLC. (PLACED ON
               FILE)
 
 6)            Report from City Treasurer of Telecommunications
               Occupation Tax for the month of April, 2008:
               Cricket; April - June, 2008: AmeriVision,
               Comtech 21, T-Mobile Central, Association
               Administrators, MegPath, Opex, NECC Telecom,
               Digizip; May, 2008: Sprint, Sprint Spectrum,
               Nextel, MCI, Windstream Systems of the Midwest,
               Windstream, Nebraska Technology & Telecomm,
               USCOC of Greater Iowa, TWC Digital Phone,
               Cricket, New Cingular, OnStar, Virgin Mobile
               USA, Primus, Working Assets Funding, Qwest,
               Broadwing, USCOC of Nebraska,/Kansas, Andiamo,
               New Edge Network, ACN, Verizon Select Services,
               UCN,Telecorp., Bell Atlantic, Wholesale Carrier,
               Trans National Comm. International, Global
               Crossing, McLeod USA, Earthlink, VoiceCom,
               Globalstar USA, Intellicall Operator, Broadband
               Dynamics, TracFone Wireless, XO Comm.,
               Cincinnati Bell Any Distance, ATI, KDDI America,
               TON Services, CIMCO, Business Prod. Solutions,
               Norstan Network, Quantum Shift, IBM Global,
               Network Billing, Business Telecom.; June 2008:
               Windstream, First Comm., NOS, TCG Omaha, SBC
               Long Distance, Acceris, Enhanced, GTC, Lightyear
               Network, Tri-M, Zone, BT Americas, WWC License,
               AT&T Comm. of Midwest, Sprint Spectrum, Nextel,
               Sprint, MCI, Viaero Wireless, ATS Mobile,
               Covista, 800 Response, Network Billing Systems,
               360networks (USA), Enhanced, NOSVA, Unite
               Private Networks. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

7)             THE FOLLOWING HAVE BEEN REFERRED TO PLANNING DEPT.:   
               Change of Zone No. 08041 - Application of
               Realty Trust Group, Pine Woods Planned Unit
               Development Plan, for a change of zone from AGR
               to R-3 for a Planned Unit Development District
               designation of property generally located at S.
               70th Street and Pine Lake Road; with
               modifications to the Zoning and Land Subdivision
               Ordinances to develop approximately 11 dwelling
               units and approximately 53,000 square feet of
               office, retail and/or commercial floor area in
               the underlying R-3 zoning.
               Special Permit No. 08036 - Application of
               Hartland Homes, Inc., Hartland Estates
               1st Addition Community Unit Plan, for 3
               dwelling units, with requests to waive the
               minimum radius turnaround for dead-end street,
               average lot width, lot area, and required side
               yard, on property generally located at SW
               12th Street and West A Street.
               Special Permit No. 08037 - Application
               of Joan Kopf, (Gamma Phi Beta) a nonstandard building,
               on property generally located at 415 N. 16th Street.

 8)            Setting the hearing date of September 8, 2008 at
               1:30 p.m. for the Application of HyVee, Inc. dba
               HyVee #1 for a Class D liquor license located at
               5010 O Street.(ADOPTED, 6-0; A-84977)


 9)  MISCELLANEOUS REFERRALS


                         - END CONSENT AGENDA -



PUBLIC HEARING
LIQUOR RESOLUTIONS

10)            Application of Casey's Retail Company dba Casey's 
               General Store 2744 for a Class B liquor license 
               at 4335 N. 70th Street.(P.H. & ACTION DELAYED
               ONE WEEK TO 8/25/08, 6-0)

11)            Manager application of Tina M. Krings for Casey's 
               Retail Company dba Casey's General Store 2744 at 
               4335 N. 70th Street. (P.H. & ACTION DELAYED
               ONE WEEK TO 8/25/08, 6-0)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 12 THRU 20; SEE ITEM #17)

12)  08-106    Vacation 07010 - Application of WRK, LLC, to 
               vacate N. 11th Street south of the south 
               right-of-way of Y Street adjacent to Block 1, 
               North Lincoln Addition, and the north-south alley
               abutting Lots 1, 2, 3, and 4, Block 1, Davenport's 
               Subdivision, generally located at N. 11th and Y 
               Streets.
               Fact Sheet (441K)

13)  08-107    Change of Zone 08027 - Amending Title 27 of the
               Lincoln Municipal Code, the Zoning Code, by
               adding a new Section 27.25.080 to provide that
               each application for a building permit in the 
               O-1 Office District shall be reviewed for
               compliance with the Lincoln Downtown Design
               Standards; by amending Section 27.35.020 to add
               prohibited uses in the area of the B-4 Lincoln
               Center Business District from 150 feet east of
               17th Street to the eastern edge of said
               district; amending Section 27.35.025 to delete
               recycling centers as a permitted conditional use
               in the B-4 district and to add vehicle body
               repair shops as a permitted conditional use in
               the area 150 feet east of 17th Street to the
               western edge of said district; amending Section
               27.35.030 to modify existing provisions
               regarding permitted special uses in the B-4
               district and to add service stations as a
               permitted special use in the area of the B-4
               district from 150 feet east of 17th Street to
               the eastern edge of said district; amending
               Section 27.35.070 to modify the height and area
               regulations in the B-4 district; adding a new
               Section 27.35.080 to provide that each
               application for a building permit in the B-4
               Lincoln Center Business District shall be
               reviewed for compliance with the Lincoln
               Downtown Design Standards; amending Section
               27.63.180 to modify existing provisions
               regarding permitted special uses in the B-4
               district and to add service stations as a 
               permitted special use in the area from 150 feet
               east of 17th Street to the eastern edge of said
               district; amending Section 27.67.050 to modify
               special parking conditions in the B-4 district;
               amending Section 27.69.070 to allow certain
               permitted signs in the B-4 district beginning
               150 feet east of 17th Street and continuing to
               the western boundary of said district and to
               allow certain permitted signs in the B-4
               district beginning 150 feet east of 17th Street
               and continuing to the eastern boundary of said
               district; and repealing Sections 27.35.020,
               27.35.025, 27.35.030, 27.35.070, 27.63.180,
               27.67.050, and 27.69.070 of the Lincoln
               Municipal Code as hitherto existing. (Related
               Items: 08-107, 08R-187, 08-108)
               Fact Sheet (67K)

14)  08R-187   Misc. 08007 - Amending the City of Lincoln
               Design Standards by amending Chapter 1.00
               Request for Waiver Procedure, to add a new
               Section 2.5 to provide a separate process for
               waivers from the Lincoln Downtown Design
               Standards, and to add a new Chapter 3.76 to
               adopt Lincoln Downtown Design Standards for
               exterior features of projects requiring building
               permits in the B-4 Lincoln Center Business
               District and the O-1 Office District.
               (Related Items: 08-107, 08R-187, 08-108)
               (Action Date: 8/25/08)
               Fact Sheet (125K)
               Attachment (28K)

15)  08-108    Change of Zone 08026 - Application of the
               Planning Director for a change of zone from R-6,
               R-7, and R-8 Residential Districts to B-4
               Lincoln Center Business District; from I-1
               Industrial Park District, P Public Use District
               and B-3 Commercial District to B-4 Lincoln
               Center Business District; and from R-6
               Residential District and I-1 Industrial District
               to P Public Use District, on property in the
               Antelope Valley area generally located from K
               Street to Vine Street, from 17th Street to 23rd
               Street. (Related Items: 08-107, 08R-187, 
               08-108)
               Fact Sheet (304K)

16)  08-109    Change of Zone 08037 - Application of Joy A.
               Shiffermiller for a change of zone from R-7
               Residential District to O-1 Office District on
               property generally located at the northeast
               corner of S. 10th Street and G Street.
               Fact Sheet (247K)

17)  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)(WAIVED THE RULES
               TO HAVE ACTION THIS DATE, 5-1; SPATZ DISSENTING;
               MTA #1, ADOPTED, 6-0; MTA #2, ADOPTED, 6-0;
               DELAYED ONE WEEK W/ACTION ONLY TO 8/25/08, 5-1;
               EMERY DISSENTING.)
               Fact Sheet (13K)
               Attachment (21K)
               Motion To Amend 1 (10K)

18)  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)

19)  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)

20)  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)


PUBLIC HEARING - RESOLUTIONS

21)  08R-184   Amending certain portions of the
               Lincoln-Lancaster County Air Pollution Control
               Program Regulations and Standards to incorporate
               changes to the air quality requirements of the
               State of Nebraska Environmental Protection Act
               and the Federal Clean Air Act.(ADOPTED, 6-0; A-84978)
               Fact Sheet (218K)
               Attachment (194K)

22)  08R-185   Approving and adopting proposed amendments to
               the Lincoln Center Redevelopment Plan for the
               Block 85 Redevelopment Project on property
               generally bounded by Rosa Parks Way, M Street,
               South 8th Street, and South 9th Street.
               (ADOPTED, 5-1; CAMP DISSENTING; A-84979)
               Fact Sheet (400K)              
	       Attachment (1799K)
               Letter (606K)

23)  08R-186   Approving and adopting a proposed amendment to
               the Antelope Valley  Redevelopment Plan to add
               the "AV Parkway Plaza Triangle Redevelopment
               Project" generally located at N. 19th and Q
               Streets.(ADOPTED, 6-0; A-84980)
               Fact Sheet (864K)
               Attachment (2658K)
               Letter (995K)

24)  08R-188   Accepting and approving a permanent preservation
               easement to conserve and protect the landmark
               designation of the Lewis-Syford House generally
               located at 700 N. 16th Street.(ADOPTED, 6-0;
               A-84981)
               Fact Sheet (9K)
	       Attachment (397K)

25)  08R-189   Approving an Agreement between the United States
               Geological Survey and the City to conduct
               stormwater quality monitoring services under the
               City's National Pollutant Discharge Elimination
               System (NPDES) stormwater permit.(ADOPTED, 6-0;
               A-84982)
               Fact Sheet (13K)
               Attachment (659K)

26)  08R-190   Adopting the LES 2008 Rate Schedules, Service
               Regulations, and Cost Analysis Summary providing
               for a system average increase of 10.1 percent,
               to be effective September 1, 2008.(MTA #1, ADOPTED, 5-1;
               CAMP DISSENTING; ADOPTED AS AMENDED, 6-0;  A-84983
               Fact Sheet (91K)
               Attachment (10274K)


                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 27 & 28 HAD 1ST READING)

27)  08R-193   Approving the Development and Conditional Zoning
               Agreement between the City and Boyce
               Construction, Inc. for the development of the
               property located at North 14th Street and
               Superior Street subject to restrictions on
               maximum density, drive access to North 14th
               Street, and a drive access to the north boundary
               of the property to be compatible with the
               adjacent residential neighborhood. (Related
               Items: 08R-193, 08-111) (Action Date:
               9/8/08)
               Attachment (224K)

28)  08-111    Change of Zone 08036 - Application of Boyce
               Construction for a change of zone from R-2
               Residential District to R-5 Residential District
               on approximately 29,227 sq. ft. generally
               located at N. 14th Street and Superior Street.
               (Related Items: 08R-193, 08-111)
               Fact Sheet (1795K)


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

29)  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. (8/11/08 - Action
               Delayed 1 wk. to 8/18/08)(MTA #1, PASSED,  6-0; PASSED 
               AS AMENDED, 6-0; #19124)
               Fact Sheet (12K)

30)  08-103    Approving a lease agreement between the City and
               St. James United Methodist Church, for the lease
               of space by the Lincoln Area Agency on Aging for
               its ActivAge Center Program at 2400 S. 11th
               Street, Lincoln, Nebraska for a one-year term
               from September 1, 2008 through August 31, 2009.
               (PASSED, 60; #19125)
               Fact Sheet (74K)
               Attachment (90K)

31)  08-104    Approving a lease agreement between the City and
               The Panama Cafe, for the lease of space by the
               Lincoln Area Agency on Aging for its ActivAge
               Center Program at 310 Locust Street, Panama,
               Nebraska for a one-year term from September 1,
               2008 through August 31, 2009.(PASSED, 6-0;
               #19126)
               Fact Sheet (72K)
               Attachment (84K)

32)  08-105    Approving a lease agreement between the City and
               Bennet American Legion Post #280, for the lease
               of space by the Lincoln Area Agency on Aging for
               its ActivAge Center Program at 970 Monroe,
               Bennet, Nebraska for a one-year term from
               September 1, 2008 through August 31, 2009.
               (PASSED, 6-0; #19127)  
             Fact Sheet (63K)
               Attachment (84K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST	(EXTENDED ONE WEEK)

33)  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)

34)  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)

35)  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)

36)  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)

37)  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)

38)  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)

39)  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 25, 2008, AT 5:30 P.M.:
							(APPROVED, 6-0)

40)  08R-177   Adopting the 2008/09 City of Lincoln Annual
               Operating Budget and Capital Improvement Program
               for FY 2008/09 - 2013/14. 
               Attachment (2313K)

41)  08R-191   Approving a new schedule for water use charges
               through Fiscal Year 2009.
               Fact Sheet (13K)

42)  08R-192   Approving a new schedule for wastewater use
               charges through Fiscal Year 2009.
               Fact Sheet (12K)

43)  08R-194   Reappointing Mark Westphalen to the Police and
               Fire Pension Plan Investment Board for a term
               expiring on September 1, 2013.

44)  08R-197   Appointing Maja Viklands Harris to the Library
               Board for a seven-year term expiring August 31,
               2015.
               Attachment (30K)

45)  08R-195   Comp. Plan Conformity 08018   Approving and
               adopting a proposed amendment to the Northwest
               Corridors Redevelopment Plan within the
               University of Nebraska Technology Park for
               construction of an office/commercial building of
               approximately 150,000 square feet, on property
               generally located southwest of W. Highland Blvd.
               and Discovery Drive.
               Fact Sheet (953K)
               Attachment (428K)

46)  08R-198   Approving the labor contract between the City
               and the Lincoln "M" Class Employees Association
               effective August 21, 2008.
               Fact Sheet (138K)
               Attachment (41K)

47)  08R-199   Approving the labor contract between the City
               and the Lincoln City Employees Association
               (LCEA) effective August 21, 2008.
               Fact Sheet (138K)
               Attachment (101K)

48)  08R-200   Approving the labor contract between the City
               and the Public Association of Government
               Employees (PAGE) effective August 21, 2008.
               Fact Sheet (138K)
               Attachment (102K)


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 (8/20/08) PRIOR TO THE NEXT FORMAL CITY 
COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH 
IS 8/25/08.


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. THERE WILL BE ONE OPEN 
MICROPHONE SESSION DURING THE MONTH OF AUGUST ON AUGUST 25TH 
WHICH IS A 5:30 P.M. MEETING.


ADJOURNMENT	6:21 P.M.



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