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Formal Agenda


        ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
           MONDAY, SEPTEMBER 29, 2008 AT 5:30 P.M.

                     ALL MEMBERS PRESENT


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


                      PUBLIC HEARING

                    - CONSENT AGENDA -


REPORTS OF CITY OFFICERS

 1)            Clerk's Letter and Mayor's Approval of resolutions 
               and ordinances passed by Council on September 15, 
               2008. (PLACED ON FILE)

 2)  08R-232   Reappointing Barbara J. Walkowiak to the Parks
               and Recreation Advisory Board for a one-year
               term expiring June 1, 2009. (ADOPTED, 7-0; A-85041)


PETITIONS & COMMUNICATIONS

 3)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPT.:
               Change of Zone 07063 - App. of Ringneck
               Development, LLC, I-80 West Lincoln Business
               Center Planned Unit Development from AG to I-3,
               PUD Employment Center District, and R-3 on
               property generally located at N.W. 48th Street
               and Interstate 80.
               Change of Zone 08017 - App. of Director of
               Planning amending Title 27 of the LMC relating
               to Zoning.
               Change of Zone 08049 - App. of RJL
               Development North, Ltd, from O-3 to B-2 on
               property generally located at S. 40th Street
               and Old Cheney Road.
               Special Permit 08042 - App. of Mark Terrell
               for expansion of a nonconforming use into the
               front yard setback on property generally located
               at N. 30th Street and Q Street.
               Use Permit 58G - App. of RJL Development
               North, Ltd., an amendment to an existing use
               permit to increase retail space, reduce office
               space and to waive all internal yard setbacks on
               property generally located at S. 40th Street
               and Old Cheney Road.
               Use Permit 154D - App. of Olsson Associates,
               an amendment to add an additional on-premise
               sign to the Wilderness Hills Commercial Use
               Permit on property generally located at S.
               27th Street and Yankee Hill Road.

 4)            Setting the Hearing Date of Monday, October 13,
	         2008 at 1:30 p.m. for the Application of HyVee,
               Inc. dba HyVee for a liquor catering license
               located at 5010 O Street. (ADOPTED, 7-0; A-85042)
     

     RATIFYING CORRECTION TO AGENDA OF 9/22/08

 5)            Setting the Hearing Date of Monday, October 6,
               2008 at 1:30 p.m.on the 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.

 6)            Setting the Hearing Date of Monday, October 6,
               2008, at 1:30 p.m. on the Application of
               Firethorn Golf Company LLC dba Firethorn Golf
               Club for a Class C liquor license located at
               9301 Firethorn Lane.

 7)            Setting the Hearing Date of Monday, October 6,
               2008 at 1:30 p.m. on the Application of
               Kabredlo's Inc. dba Kabredlo's 126 for a Class D
               liquor license located at 4715 W. Adams Street.


 8)  MISCELLANEOUS REFERRALS

                           - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 9)            Application of Hy-Vee Inc. dba Hy-Vee 1 for a
               change of location and trade name of their
               existing Class C liquor license from Hy-Vee 1 at
               6919 O Street to Heartland Pantry at 2343 N.
               48th Street. (ADOPTED FOR APPROVAL, 7-0; A-85043)

10)            Application of Lancaster County Agricultural
               Society, Inc. dba Lancaster Event Center for the
               addition of the Business Center measuring
               approximately 240 feet by 60 feet, the Amy
               Countryman Arena measuring approximately 244
               feet by 359 feet, and the Pavilion III measuring
               approximately 299 feet by 243 feet at the
               licensed premises located at 4100 N. 84th
               Street.(ADOPTED FOR APPROVAL, 7-0; A-85044)

                                                            
PUBLIC HEARING 
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 11 THRU 15 HAD 2ND READING; SEE ITEM 14)

11)  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)

12)  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)

13)  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)

14)  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.(PLACED ON PENDING INDEFINITELY
               W/CONTINUED P.H., 7-0)
               Fact Sheet (62K)

15)  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)


PUBLIC HEARING - RESOLUTIONS

16)  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.(ADOPTED, 7-0; A-85045)
               Fact Sheet (13K)
               Attachment (114K)

17)  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).
               (ADOPTED, 7-0; A-85046)
               Fact Sheet (12K)
               Attachment (112K)

18)  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.
               (ADOPTED, 7-0; A-85047)
               Fact Sheet (13K)
               Attachment (115K)

19)  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.(ADOPTED, 7-0; A-85048)
               Fact Sheet (100K)

20)  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.
               (ADOPTED, 7-0; A-85049)
               Fact Sheet (94K)

21)  08R-235   Approving a labor contract between the City and
               the Lincoln Police Union to be effective August
               21, 2008.(ADOPTED, 7-0; A-85050)
               Fact Sheet (138K)
               Attachment (121K)

22)  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.(ADOPTED, 7-0; A-85051)
               Fact Sheet (14K)
               Attachment (21K)

                       - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)

     NONE


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

23)  08-128    Authorizing and providing for the issuance of a
     08-128SS  Perot System Redevelopment Project Tax
               Allocation Bond, Series 2008, in a total
               principal amount not to exceed $3,750,000.
               (AMENDMENT #2 ADOPTED, 7-0; PASSED AS
               AMENDED, 7-0; #19151)
               Motion To Amend 2 (6K)

24)  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)
               (PASSED, 7-0; #19152)
               Fact Sheet (295K)

25)  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)(AMENDMENT #1 ADOPTED, 7-0; PASSED AS
               AMENDED, 7-0; #19153)
               Fact Sheet (290K)
               Motion To Amend 1 (6K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST  (EXTENDED ONE WEEK; SEE ITEM 31)

26)  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)

27)  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)

28)  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)

29)  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)

30)  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)

31)  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.)(REMOVED FROM PENDING
               TO HAVE 2ND READING W/CONTINUED P.H. ON 10/13/08, 7-0)
               Fact Sheet (1287K)

32)  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)

33)  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, OCTOBER 6, 2008, AT 1:30 P.M.:
						(APPROVED, 7-0)

SPECIAL PUBLIC HEARING - SETTING THE 2008/2009 PROPERTY TAX RATE

34)  08R-237   Approving the 2008-2009 City tax rate of
               0.28788 per $100.00 of assessed valuation.
               Fact Sheet (67K)

35)  08R-238   Approving and adopting proposed amendments to
               the Lincoln Center Redevelopment Plan for the
               Lincoln Flats/Bank of the West Redevelopment
               Project on property generally located between
               13th and 14th Streets and O and P Streets.
               Attachment A (635K)
               Attachment B (135K)
               Attachment C (211K)

36)  08R-239   Assessing Public Health Nuisance Abatement costs
               associated with the clearing of public nuisances
               by the Health Department to the following
               benefitted properties: 303 S. 25th St., 3921 S.
               19th St., 1416 N. 21st St., 245 N. 25th St.,
               1046 Charleston St., 2904 S. 14th St., 1200 S.
               16th St., 3160 T St., 1625 S. 11th St., 1012
               Peach St., 3150 N. 61st St., 504 N. 24th St.,
               1956 Jefferson Ave., 2815 E St., 1141 Claremont
               St., 822 Mulder Dr., 1340 N. 50th St., 1722 N.
               29th St., 1121 Driftwood Dr., 3625 Mohawk St.,
               5320 S. Bristolwood Pl., 1000 Driftwood Dr., 504
               N. 24th St., 1245 N. 21st St., 136 N. 14th St.,
               407 S. 1st St., 7324 Colfax Ave., 1529 S. 9th
               St., 2335 S. 39th St.
               Fact Sheet (98K)
               Attachment (186K)


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  6:50 P.M.


                               ***
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      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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