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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                     MONDAY, SEPTEMBER 22, 2008 AT 1:30 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)   08R-214   Appointing Scott E. Hofeling to the Community
               Forestry Advisory Board for a three-year term
               expiring August 17, 2011. (ADOPTED, 7-0; A-85024)
               Attachment (23K)

2)   08R-215   Reappointing John Williams to the Community
               Forestry Advisory Board for a three-year term
               expiring August 17, 2011. (ADOPTED, 7-0; A-85025)

3)   08R-216   Reappointing Emily Casper to the Community
               Forestry Advisory Board for a three-year term
               expiring August 17, 2011.(ADOPTED, 7-0; A-85026)

4)   08R-217   Reappointing Dennis Scheer to the Parks and
               Recreation Advisory Board for a three-year term
               expiring April 27, 2011. (ADOPTED, 7-0; A-85027)

5)   08R-218   Appointing Susan Deitchler to the Parks and
               Recreation Advisory Board for a three-year term
               expiring April 27, 2011.(ADOPTED, 7-0; A-85028)
               Attachment (24K)

6)   08R-219   Appointing Rodney Confer to the Parks and
               Recreation Advisory Board for a three-year term
               expiring April 27, 2011. (ADOPTED, 7-0; A-85029)
               Attachment (27K)

7)   08R-220   Reappointing George Hancock to the Board of
               Zoning Appeals for a five-year term expiring May
               2, 2013.(ADOPTED, 7-0; A-85030)

8)   08R-221   Reappointing David Skipton to the Air Pollution
               Control Advisory Board for a three-year term
               expiring September 1, 2011.(ADOPTED, 7-0; A-85031)

9)   08R-222   Appointing Jeffrey Tomhave and Wilbur "Bud"
               Dasenbrock to the Air Pollution Control Advisory
               Board for terms expiring November 1, 2010 and
               September 1, 2011, respectively.(ADOPTED, 7-0; A-85032)
               Attachment (49K)

10)  08R-223   Appointing Dr. Karla K. Lester to the Lincoln-
               Lancaster County Board of Health to fill an
               unexpired three-year term expiring April 15,
               2010. (ADOPTED, 7-0; A-85033)
               Attachment (34K)

11)            Clerk's Letter and Mayor's Approval of
               resolutions and ordinances passed by
               Council on September 8, 2008. (PLACED 
               ON FILE)


PETITIONS & COMMUNICATIONS

12)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
               DEPT.:
               Change of Zone No. 08040 - Requested by the
               Director of Planning amending Title 27 of the
               LMC related to Zoning.
               Change of Zone No. 08043 - Requested by WRK,
               LLC from I-1 to B-4 on property located at N.
               8th Street and M Street.
               Change of Zone No. 08046 - Requested by the
               Historic Preservation Commission from B-2 to R-3
               on property located at N. 14th Street and Morton Street.
               Change of Zone No. 08048 - Requested by E-S-
               P on behalf of Hartland Homes, Inc. from R-3 to
               B-1 on property located at NW 48th Street and
               W. Cleveland Avenue.
               Special Permit No. 1965A  - Requested by E-
               S-P on behalf of Hartland Homes, Inc. for an
               amendment to the Hartland Homes NW 1st Addition
               Community Unit Plan to add 5 units to the
               previously approved 50 units and increase
               the boundary of the Community Unit Plan on
               property located at NW 48th Street and
               W. Cleveland Avenue.
               Special Permit No. 08039 - Requested by
               Engineering Design Consultants, Stone Bridge
               View Community Unit Plan, for approximately 35
               single family lots and 31 multi-family lots with
               requests to waive the lot to width ratio, lot
               width, and depth to width ratio on property
               located at Blanca Drive and Belford Street.

13)            Application of McManus Enterprises, Inc. dba
               Heidelberg's for an addition to premises adding
               a beer garden approximately 14' x 42' located at 4620 Bair
               Avenue. (ADOPTED, 7-0; A-85034) [Setting the Hearing
               Date of Monday, October 6, 2008 at 1:30 p.m.]

14)            Application of Firethorn Golf Company LLC dba
               Firethorn Golf Club for a Class C liquor license
               located at 9301 Firethorn Lane.(ADOPTED, 7-0;
               A-85035)[Setting the Hearing Date of Monday, 
               October 6, 2008 at 1:30 p.m.]

15)            Application of Kabredlo's Inc. dba Kabredlo's
               126 for a Class D liquor license located at 4715
               W. Adams Street.(ADOPTED, 7-0; A-85036)
               [Setting the Hearing Date of Monday, October 6,
               2008 at 1:30 p.m.] 


16)  MISCELLANEOUS REFERRALS

                  - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE

PUBLIC HEARING 
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 17 THRU 19 HAD 2ND READING.)

17)  08-128    Authorizing and providing for the issuance of a
               Perot System Redevelopment Project Tax
               Allocation Bond, Series 2008, in a total
               principal amount not to exceed $3,750,000.

18)  08-126    Vacation 08002 - Request of Whitehead Oil
               Company to vacate the north-south alley between
               Capitol Parkway and vacated Cadwallader's Court
               between South 21st Street and vacated South 22nd
               Street. (Related Items: 08-126, 08-127)
               Fact Sheet (295K)

19)  08-127    Comp. Plan Conformity 08015 - Request of
               Whitehead Oil Company to declare approximately
               2,144.25 square feet of property generally
               located at the southeast corner of South 21st
               Street and Capitol Parkway as surplus and
               authorizing the sale thereof to the abutting
               property owner. (Related Items: 08-126, 
               08-127)
               Fact Sheet (290K)


PUBLIC HEARING - RESOLUTIONS

20)  08R-224   Approving an Addendum to Interlocal Agreement
               between the City and Southeast Community
               College, relating to burn tower renovation and
               fire suppression training, to expand the use of
               maintenance funds and to change the date of
               payment. (ADOPTED, 7-0; A-85037)
               Fact Sheet (78K)
               Attachment (50K)

21)  08R-225   Approving and adopting a proposed amendment to
               the North 56th Street and Arbor Road
               Redevelopment Plan to add the "NCS Equipment
               Rental Project" for the development of a 23,147
               square foot building on property generally
               described as Lot 1, Northbank Junction 2nd
               Addition and generally located at the northwest
               corner of North 56th Street and Alvo Road.
               (ADOPTED, 7-0; A-85038)
               Fact Sheet (359K)
               Attachment (385K)

22)  08R-226   Approving a Second Amendment to Declaration of
               Protective Covenants, Conditions and
               Restrictions Pursuant to the Conservation and
               Preservation Easement Act between the City and
               Firethorn Golf Company to revise the legal
               description to partially release a portion of
               the real property from the covenants. (ADOPTED,
               7-0; A-85039)
               Fact Sheet (295K)
               Attachment (190K)

23)  08R-227   Comp. Plan Amendment 08015 - Amend the
               "Community Facilities" chapter of the 2030
               Lincoln-Lancaster County Comprehensive Plan to
               reflect the intent of Lancaster County to
               construct a new adult corrections facility.
               (ADOPTED, 7-0; A-85040)
               Fact Sheet (388K)


                   - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 24 THRU 28 HAD 1ST READING)

24)  08-129    Change of Zone 08030 - Amending Section
               27.63.400 of the Lincoln Municipal Code relating
               to the preservation of a historic structure as a
               permitted special use to allow the City Council
               to grant adjustments to the height and area
               regulations of the district in which a historic
               structure is located, and repealing Section
               27.63.400 as hitherto existing. (Related
               Items: 08-129, 08-130, 08R-231)
               Fact Sheet (23K)

25)  08-130    Change of Zone 08031 HP - Application of Charles
               and Nancy Ogden to designate property known as
               the Griswold House as a Historic Landmark
               located at 1256 Fall Creek Road. (Related
               Items: 08-129, 08-130, 08R-231)
               Fact Sheet (433K)
               Attachment (47K)

26)  08R-231   Special Permit 08027 - Application of Charles
               and Nancy Ogden to permit the use of a
               designated Landmark (historic structure) for a
               single family dwelling to also include
               construction of a carriage house (guest house
               plus garage) as an accessory use and to modify
               the rear and side yard setbacks on property
               generally located at 1256 Fall Creek Road.
               (Related Items: 08-129, 08-130, 08R-231)
               (Action Date: 10/6/08)
               Fact Sheet (474K)

27)  08-131    Change of Zone 08045 - Amending Sections
               27.19.030, 27.21.030, 27.23.030, 27.24.030,
               27.27.025 and 27.67.040 of the Lincoln Municipal
               Code to clarify that group homes must comply
               with all applicable state and local code
               requirements and to add domiciliary care
               facility and elderly or retirement housing as a
               conditional permitted use in the R-5, R-6, R-7,
               R-8, and O-3 zoning districts, and repealing
               Sections 27.19.030, 27.21.030, 27.23.030,
               27.24.030, 27.27.025 and 27.67.040 as hitherto
               existing.
               Fact Sheet (62K)

28)  08-132    Change of Zone 08047 - Application of Casey's
               Retail Company for a change of zone from H-3
               Commercial District to I-1 Industrial District
               on property generally located at North 56th
               Street and Superior Street.
               Fact Sheet (212K)


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

29)  08-69     Comp. Plan Conformity 07023 - Declaring
               approximately 2,739 square feet of property
               generally located at South 46th Street and
               O Street as surplus. (Related Items: 08-
               69, 08-68) (PASSED, 7-0; #19143)
               Fact Sheet (295K)

30)  08-68     Vacation 07008 - Vacating a portion of
               South 46th Street abutting O Street
               consisting of approximately 2,249 square
               feet and retaining title thereto.
               (Related Items: 08-69, 08-68)(PASSED, 7-0;
               #19144)
               Fact Sheet (276K)

31)  08-121    Amending Chapter 2.76 of the Lincoln Municipal
               Code relating to the City's Personnel System by
               amending Section 2.76.380, Sick Leave with Pay,
               and Section 2.76.395, Vacation Leave with Pay,
               to reflect negotiated changes and changes
               applicable to employees with a pay range
               prefixed by "N" or "X" not represented by a
               bargaining unit.(PASSED, 7-0; #19145)
               Fact Sheet (58K)

32)  08-122    Amending Section 2.78.020, Management
               Compensation Plan, of the Lincoln Municipal Code
               to reflect negotiated changes and changes
               applicable to employees with a pay range
               prefixed by "M" not represented by a bargaining
               unit.(PASSED, 6-1; SPATZ DISSENTING; #19146)
               Fact Sheet (55K)

33)  08-123    Adopting pay schedules and schedules of pay
               ranges for employees whose classifications are
               assigned to pay ranges prefixed by the letter X.
                (PASSED, 7-0; #19147) 
               Fact Sheet (54K)
               Attachment (230K)

34)  08-124    Approving a lease agreement between the City and
               the Firth Community Center for the lease of
               space by the Lincoln Area Agency on Aging for
               its ActivAge Center Program at 311 Nemaha
               Street, Firth, Nebraska from September 1, 2008
               to August 31, 2009.(PASSED, 7-0; #19148)
               Fact Sheet (70K)
               Attachment (92K)

35)  08-125    Amending Chapter 21 of the Lincoln Municipal
               Code, the Lincoln Housing Code, by amending
               Sections 21.01.185 and 21.01.212 relating to
               Maintenance of Premises and Inadequate
               Maintenance, respectively, to provide that the
               use of indoor upholstered furniture outdoors
               constitutes inadequate maintenance and repealing
               Sections 21.01.185 and 21.01.212 as hitherto
               existing.(PASSED, 5-2: CAMP, SVOBODA DISSENTING;
               #19149)
               Fact Sheet (16K)

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) (8/25/08 - Removed from
               Pending to have P.H. in 3 wks. on 9/15/08
               w/Action on 9/22/08) (PASSED, 7-0; #19150)
               Fact Sheet (1803K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST	(EXTENDED ONE WEEK)

37)  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)

38)  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)

39)  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)

40)  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)

41)  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)

42)  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)

43)  08R-193   Approving the Development and Conditional Zoning
               Agreement between the City and Boyce
               Construction, Inc. for the development of the
               property located at North 14th Street and
               Superior Street subject to restrictions on
               maximum density, drive access to North 14th
               Street, and a drive access to the north boundary
               of the property to be compatible with the
               adjacent residential neighborhood. (Related
               Items: 08R-193, 08-111) (Action Date: 9/8/08)
               (8/25/08 - Placed on Pending Indefinitely)
               Attachment (224K)

44)  08-111    Change of Zone 08036 - Application of Boyce
               Construction for a change of zone from R-2
               Residential District to R-5 Residential District
               on approximately 29,227 sq. ft. generally
               located at N. 14th Street and Superior Street.
               (Related Items: 08R-193, 08-111) (8/25/08 -
               Placed on Pending Indefinitely)
               Fact Sheet (1795K)


   WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, SEPTEMBER 29, 2008, AT 5:30 P.M.:
                                                (APPROVED, 7-0)

45)  08R-228   Approving an Interlocal Agreement between the
               City and the Railroad Transportation Safety
               District for its participation in the Harris
               Overpass Project (No. 701781) on O Street, 3rd
               to 9th Streets.
               Fact Sheet (13K)
               Attachment (114K)

46)  08R-229   Approving an Interlocal Agreement between the
               City and the Railroad Transportation Safety
               District for its participation in the S.W. 40th
               Street/BNSF Overpass Project (No. 700132).
               Fact Sheet (12K)
               Attachment (112K)

47)  08R-230   Approving an Interlocal Agreement between the
               City and the Railroad Transportation Safety
               District for its participation in the Antelope
               Valley Project funding - Phase 1.
               Fact Sheet (13K)
               Attachment (115K)

48)  08R-232   Reappointing Barbara J. Walkowiak to the Parks
               and Recreation Advisory Board for a one-year
               term expiring June 1, 2009.

49)  08R-233   Authorizing and supporting the Parks &
               Recreation Department's submittal of a grant
               application to the State Game & Parks Commission
               for a Recreational Trail Program Grant to assist
               in funding the relocation of the Billy Wolff  
               Antelope Valley Connector Trail to the east side
               of the Antelope Creek Channel between 27th
               Street and J Street.
               Fact Sheet (100K)

50)  08R-234   Authorizing and supporting the Parks &
               Recreation Department's submittal of a grant
               application to the State Game & Parks Commission
               for a Recreational Trail Program Grant to assist
               in funding the renovation of the Boosalis Trail
               along Highway 2 from 17th Street to 20th Street.
               Fact Sheet (94K)

51)  08R-235   Approving a labor contract between the City and
               the Lincoln Police Union to be effective August
               21, 2008.
               Fact Sheet (138K)
               Attachment (121K)

52)  08R-236   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of September 1 -
               15, 2008.
               Fact Sheet (14K)
               Attachment (21K)


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 (9/24/08) 
     PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN
     OPEN MICROPHONE SESSION WHICH IS 9/29/08.

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 SEPTEMBER ARE 
     THE 8TH AND THE 29TH .


ADJOURNMENT	2:28 P.M.

                               ***
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