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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, OCTOBER 6, 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)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on September 22, 2008.  
               (PLACED ON FILE)

 2)            Clerk's Letter and Mayor's Approval of
               Resolutions A-85048 & A-85049 (requested by
               Parks & Recreation Dept.) adopted by the City
               Council on September 29, 2008.  
               (PLACED ON FILE)

 3)            Report from City Treasurer of City Cash on hand
               at the close of business August 31, 2008. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 4)            Setting the hearing date of Monday, October 20,
               2008 at 1:30 p.m. for the application of Hergert
               Oil Company dba Super C #5 for an upgrade of
               their current Class B to a Class D liquor
               license located at 3400 Village Drive.
               (ADOPTED, 7-0; A-85052)

 5)            Setting the hearing date of Monday, October 20,
               2008 at 1:30 p.m. for the application of Hergert
               Oil Company dba Super C #2 for an upgrade of
               their current Class B to a Class D liquor
               license located at 3202 S. 10th Street.
               (ADOPTED, 7-0; A-85053)

 6)            Setting the hearing date of Monday, October 20,
               2008 at 1:30 p.m. for the application of Red9,
               LLC dba Red9 for a Class I liquor license
               located at 322 S. 9th Street.
               (ADOPTED, 7-0; A-85054)

 7)            Setting the hearing date of Monday, October 20,
               2008 at 1:30 p.m. for the application of Red9,
               LLC dba Red9 for the addition of a liquor
               catering license to its Class I liquor license
               located at 322 S. 9th Street.
               (ADOPTED, 7-0; A-85055)


 8)  MISCELLANEOUS REFERRALS - NONE


                      - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

 9)            Application of Kabredlo's, Inc. dba Kabredlo's
               #126 for a Class D liquor license at 4715 W.
               Adams Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-85056)

10)            Manager application of Anthony L. Olderbak for
               Kabredlo's, Inc. dba Kabredlo's #126 at 4715 W.
               Adams Street.  (ADOPTED FOR APPROVAL, 7-0; 
               A-85057)

11)            Application of McManus Enterprises Inc. dba
               Heidelberg's for the addition of a beer garden
               area measuring approximately 14 ft. by 42 ft. at
               the licensed premises at 4620 Bair Ave.
               (ADOPTED FOR APPROVAL, 7-0; A-85058)

12)            Application of Firethorn Golf Company, LLC dba
               Firethorn Golf Club for a Class C liquor license
               at 9301 Firethorn Lane.  (ADOPTED FOR APPROVAL, 
               7-0; A-85059)

13)            Manager application of Mark A. Wible for
               Firethorn Golf Company, LLC dba Firethorn Golf
               Club at 9301 Firethorn Lane.
               (ADOPTED FOR APPROVAL, 7-0; A-85060)


PUBLIC HEARING 
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)

     NONE


PUBLIC HEARING - RESOLUTIONS

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

14)  08R-237   Approving the 2008-2009 City tax rate of 0.28788
               per $100.00 of assessed valuation.
               (ADOPTED, 7-0; A-85061)
               Fact Sheet (67K)

15)  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.
               (ADOPTED, 7-0; A-85062)
               Attachment A (635K)
               Attachment B (135K)
               Attachment C (211K)

16)  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.  (ADOPTED, 7-0; A-85063)
               Fact Sheet (98K)
               Attachment (186K)

                       - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 17 THRU 26 HAD 1ST READING)

17)  08-133    Amending Chapter 2.62 of the Lincoln Municipal
               Code relating to the Police and Fire Pension
               Plan A to provide a 1.5% COLA and a 4% increase
               in member contributions. (Related Items: 08-
               133, 08-134, 08-135, 08R-240, 08R-241)
               Fact Sheet (138K)

18)  08-134    Amending Chapter 2.65 of the Lincoln Municipal
               Code relating to the Police and Fire Pension
               Plan B to provide a 1.5% COLA and a 4% increase
               in member contributions. (Related Items: 08-
               133, 08-134, 08-135, 08R-240, 08R-241)
               Fact Sheet (138K)

19)  08-135    Amending Chapter 2.66 of the Lincoln Municipal
               Code relating to the Police and Fire Pension
               Plan C to provide a 1.5% COLA and a 4% increase
               in member contributions. (Related Items: 08-
               133, 08-134, 08-135, 08R-240, 08R-241)
               Fact Sheet (138K)

20)  08-136    Approving the transfer of cash and appropriation
               of unspent fund balance in the amount of
               $750,000 in FY 2008-09 from the Street
               Construction Fund Balance to Project No. 070716
               Sidewalk Maintenance and Repair.
               Fact Sheet (71K)

21)  08-137    Change of Zone 08040 - Amending Title 27 of the
               Lincoln Municipal Code relating to Zoning by
               adding a new section numbered 27.03.638 to
               define wind energy conversion system (WECS); by
               amending Sections 27.07.020, 27.09.020,
               27.11.020, 27.13.020, 27.15.020, 27.17.020,
               27.19.020, 27.21.020, 27.23.020, 27.24.020,
               27.25.020, 27.26.020, 27.27.020, 27.29.020,
               27.31.030, 27.33.020, 27.37.020, 27.39.020,
               27.41.020, 27.43.020, 27.45.020 to add WECS as a
               permitted use in the AG, AGR, R-1 through R-8,
               O-1 through O-3, B-1, B-2, B-3, B-5 and H-1
               through H-4 zoning districts; by amending
               Sections 27.07.030, and27.09.030 to add WECS
               over the district height as a permitted
               conditional use in the AG and AGR districts,
               amending Sections 27.11.040, 27.13.040,
               27.15.040, 27.17.040, 27.19.040, 27.21.040,
               27.23,040, 27.24.040, 27.25.030, 27.26.040,
               27.27.030, 27.29.040, 27.31.050, 27.33.040,
               27.35.030, 27.37.030, 27.45.030, 27.47.030,
               27.49.040 and 27.51.050 to add WECS over the
               district height as a permitted special use in
               the R-1 through R-8, O-1 through O-3, B-1
               through B-5, H-1 through H-4, and I-1 through
               I-3 zoning districts; amending Section 27.63.420
               to amend the special permit requirements for
               WECS; amending Section 27.71.025 to clarify WECS
               may exceed the height of the district in which
               the WECS is located; and repealing Sections
               27.07.020, 27.07.030, 27.09.020, 27.09.030,
               27.11.020, 27.11.040, 27.13.020, 27.13.040,
               27.15.020, 27.15.040, 27.17.020, 27.17.040,
               27.19.020, 27.19.040, 27.21.020, 27.21.040,
               27.23.020, 27.23.040, 27.24.020, 27.24.040,
               27.25.020, 27.25.030, 27.26.020, 27.26.040,
               27.27.020, 27.27.030, 27.29.020, 27.29.040,
               27.31.030, 27.31.050, 27.33.020, 27.33.040,
               27.35.030, 27.37.020, 27.37.030, 27.39.020,
               27.39.030, 27.41.020, 27.41.040, 27.43.020,
               27.43.040, 27.45.020, 27.45.030, 27.47.030,
               27.49.040, 27.51.050, 27.63.420, and 27.71.025
               of the Lincoln Municipal Code as hitherto
               existing.
               Fact Sheet (1003K)

22)  08-138    Change of Zone 08043 - Request of WRK, LLC, on
               behalf of Haymarket South LLC and Infinity S
               Development Co. for a change of zone from I-1
               Industrial District to B-4 Lincoln Center
               Business District on approximately 1.03 acres
               generally located at S. 8th Street and M Street.
               Fact Sheet (530K)

23)  08-139    Change of Zone 08046 - Request of the Historic
               Preservation Commission, on behalf of AgInvest,
               for a change of zone from B-2 Planned
               Neighborhood Business District to R-3
               Residential District on approximately 2.7 acres
               generally located at N. 14th Street and Morton
               Street. (Related Items: 08-139, 08-73)
               Fact Sheet (689K)

24)  08-140    Change of Zone 08048 - Request of Hartland Homes
               for a change of zone from R-3 Residential
               District to B-1 Local Business District on
               approximately 8.500 sq. ft. of property
               generally located at N.W. 48th Street and W.
               Adams Street.
               Fact Sheet (2203K)

25)  08-141    Vacation 08005 - Vacating the east-west alley in
               Block 21, Original Plat, Lincoln, generally
               located between R and S Streets from N. 8th
               Street to N. 9th Street.
               Fact Sheet (666K)

26)  08-142    Approving the Master Fiber IRU Conveyance and
               Conduit Sharing Agreement between the City and
               Unite Private Networks for the placement and
               sharing of network facilities on City easement
               areas from Lincoln to the Ashland water
               treatment facilities.
               Fact Sheet (32K)
               Attachment (949K)


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

27)  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) (MTA #1 ADOPTED, 
               7-0; PASSED AS AMENDED, 7-0; #19154)
               Fact Sheet (23K)
               Motion To Amend 1 (6K)

28)  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) 
               (PASSED, 7-0; #19155)
               Fact Sheet (433K)
               Attachment (47K)

29)  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) (MTA #1 ADOPTED, 7-0; 
               ADOPTED AS AMENDED, 7-0; A-85064)
               Fact Sheet (474K)

30)  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. (PASSED, 7-0; 
               #19156)
               Fact Sheet (212K)


PENDING LIST - DATE CERTAIN

31)  08-73     Change of Zone 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.)(9/29/08
               - Removed from Pending to have 2nd
               Reading with continued Public Hearing on
               10/13 with Action on 10/20) (Related 
               Items: 08-139, 08-73)          
               Fact Sheet (1287K)


PENDING LIST   (EXTENDED ONE WEEK)

32)  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)

33)  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)

34)  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)

35)  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)

36)  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)

37)  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)

38)  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)

39)  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. (9/29/08 - Placed on Pending
               Indefinitely)
               Fact Sheet (62K)


   WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
   PUBLIC HEARING ON MONDAY, OCTOBER 13, 2008, AT 1:30 P.M.:
                                                   (APPROVED, 7-0)

40)  08R-240   Approving the labor contract between the City
               and IAFF, Local 644, effective August 21, 2008.
               (Related Items: 08-133, 08-134, 08-135, 08R-
               240, 08R-241)
               Fact Sheet (138K)
               Attachment (152K)

41)  08R-241   Approving a transfer of appropriations and cash
               within the 2008-2009 operating budget from the
               Fire & Rescue General Fund, EMS Enterprise Fund,
               Grants-In-Aid Fund, Building & Safety Fund,
               Social Security Fund and Police General Fund for
               reallocation to the Police and Fire Pension Fund
               in the amount of $356,342.00. (Related Items:
               08-133, 08-134, 08-135, 08R-240, 08R-241)
               Fact Sheet (80K)

42)  08R-244   Approving the appointment of Pat Leach as the
               Library Director.

43)  08R-245   Appointing John Kay to the Capitol Environs
               Commission to fill an unexpired term expiring
               January 9, 2010.
               Attachment (30K)

44)  08R-246   Appointing Jim Johnson to the Historic
               Preservation Commission for a three-year term
               expiring April 15, 2011.
               Attachment (24K)

45)  08R-247   Appointing Anne Pagel and Jeff Schwebke to the
               Parks and Recreation Advisory Board for terms
               expiring April 27, 2011.
               Attachment (55K)

46)  08R-248   Reappointing Amir Azimi, Thomas Christie, Amrita
               Mahapatra and Dan Marvin to the Multicultural
               Advisory Committee for three year terms expiring
               September 18, 2011.

47)  08R-249   Special Permit 08038 - Appeal of Thomas E.
               Madsen to the Planning Commission's denial of
               his application to expand a nonconforming use by
               adding an outdoor caf‚ at the bowling
               alley/restaurant that sells alcoholic beverages
               for consumption on the premises, on property
               generally located at N. 48th Street and Dudley
               Street.
               Fact Sheet (3122K)
               Motion To Amend 1 (6K)

48)  08R-250   Misc. 08013 - Amending the City of Lincoln
               Design Standards by adding Chapter 1.10  to
               establish a process for amending the City of
               Lincoln Design Standards, and to amend Chapter
               2.15, Urban Public Street Design Standards. 
               (Related Items: 08R-250, 08R-251)
               Fact Sheet (655K)
               Attachment (30K)

49)  08R-251   Amending Section 3.2.3 of the Drainage Criteria
               Manual by amending Table 3-2, Allowable Maximum
               Encroachment for Minor Storms. (Related
               Items: 08R-250, 08R-251)
               Fact Sheet (28K)

50)  08R-252   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of September 16
               - 30, 2008.
               Fact Sheet (14K)
               Attachment (22K)

51)  08R-253   Approving a two-year Grant Contract between the
               City of Lincoln and the Lincoln Literacy Council
               to provide grant funds in the amount of
               $10,000.00 per year for its English Language
               Academy Program.
               Attachment (563K)

52)  08R-254   Approving a two-year Grant Contract between the
               City of Lincoln and the Lincoln Council on
               Alcoholism and Drugs, Inc. to provide grant
               funds in the amount of $37,000.00 per year for
               its Alcohol and Drug Education and Prevention
               Programs.
               Attachment (684K)

53)  08R-255   Approving a two-year Grant Contract between the
               City of Lincoln and the Asian Community and
               Cultural Center to provide grant funds in the
               amount of $10,000.00 per year for its Family
               Resource Program.
               Attachment (737K)

54)  08R-256   Approving a two-year Grant Contract between the
               City of Lincoln and the Friendship Home to
               provide grant funds in the amount of $189,362.00
               per year for its Emergency Shelter Program.
               Attachment (817K)

55)  08R-257   Approving a two-year Grant Contract between the
               City of Lincoln and the Clyde Malone Community
               Center to provide grant funds in the amount of
               $35,000.00 per year for its After School
               Program.
               Attachment (574K)

56)  08R-258   Approving a two-year Grant Contract between the
               City of Lincoln and the Family Violence Council
               to provide grant funds in the amount of
               $26,259.00 per year for its Programs to Stop
               Violence and Abuse.
               Attachment (785K)


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 (10/8/08) PRIOR TO THE 
     NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN 
     MICROPHONE SESSION WHICH IS 10/13/08.

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 OCTOBER ARE THE 13TH AND
     THE 27TH.


ADJOURNMENT    2:38 P.M.



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