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Formal Agenda


            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, FEBRUARY 4, 2008 AT 1:30 P.M.

        THERE WILL BE NO COUNCIL MEETING THE WEEK OF FEBRUARY 18TH 
                    DUE TO PRESIDENTS' DAY OBSERVANCE

                     ALL MEMBERS PRESENT EXCEPT EMERY


PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)            Application of Smith Enterprises, Inc. dba
               Jackpot Convenience Store for a Class D liquor
               license at 501 West A Street. (ADOPTED, 6-0; A-84703)

 2)            Manager application of Dean H. Smith for Smith
               Enterprises, Inc. dba Jackpot Convenience Store
               at 501 West A Street. (ADOPTED, 6-0; A-84704)

 3)            Manager application of Diana Nasseff for Mission
               3 LLC dba U-Stop Convenience Shop at 110 West O
               Street. (ADOPTED, 6-0; A-84705)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 4 
THRU 7 HAD 2ND READING)

 4)  08-6      Amending Chapter 4.08 of the Lincoln
               Municipal Code relating to the Citizen
               Police Advisory Board by amending Section
               4.08.010 relating to the powers and duties
               of the Board to provide that the Board
               shall have no jurisdiction to hear com-               
               plaints or conduct an investigation while a
               criminal or civil action relating to the
               complaint is pending against either the
               complainant or the officer or officers
               involved; amending Section 4.08.020
               relating to the jurisdiction of the Board
               to provide the Board shall lose
               jurisdiction over a complaint if the
               complainant files a civil action relating
               to the same facts as the complaint before
               them; amending Section 4.08.030 relating to
               complaints made to the Citizen Police
               Advisory Board to provide that the
               chairperson may dismiss certain types of
               complaints, subject to review by the Board
               as a whole.
               Fact Sheet (86K)

 5)  08R-24    Approving the Development and Conditional Zoning
               Agreement between the City and HOOG GEBOUW EAST
               LLC relating to the development of property
               generally located at N. 84th and Holdrege
               Streets. (Related Items:  08R-24, 08-7, 
               08R-25) (Action Date: 2/11/08)
               Attachment (453K)

 6)  08-7      Change of Zone 07059 - Application of
               Holdrege Investors LLC and Morning Glory
               Estates Association, Inc. for a change of
               zone from O-3 Office Park District to B-2
               Planned Neighborhood Business District, and
               from B-2 Planned Neighborhood Business
               District to O-3 Office Park District on
               property generally located at N. 84th
               Street and Holdrege Street. (Related
               Items:  08R-24, 08-7, 08R-25) (Action Date:
               2/11/08)
               Fact Sheet (635K)

 7)  08R-25    Use Permit No. 128B - Application of Holdrege
               Investors LLC and Morning Glory Estates
               Association, Inc. to amend the existing use
               permit to change approved office use to hotel,
               restaurant and retail uses, and to increase the
               maximum height in the B-2 district from 40' to
               45' on property generally located at N. 84th
               Street and Holdrege Street. (Related Items:
               08R-24, 08-7, 08R-25) (Action Date: 2/11/08)
               Fact Sheet (647K)
               Motion To Amend 1 (6K)



PUBLIC HEARING - RESOLUTIONS  (SEE ITEM 14)

 8)  08R-23    Approving a Release of Conservation Easements
               over a portion of Lot 2, 6th & H Addition, and a
               portion of vacated H Street for construction of
               a building in the easement area and approving a
               Conservation Easement Agreement granting a
               conservation easement over Lot 7 and Lots 9-12,
               Block 141, Original Plat Lincoln.  
               (ADOPTED, 6-0; A-84706)
               Attachment 1 (15K)
               Attachment 2 (123K)

 9)  08R-27    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of January 1 -
               15, 2008.  (ADOPTED, 6-0; A-84707)
               Fact Sheet (13K)
               Attachment (18K)

10)  08R-28    Amending Article IV, Membership, of the Bylaws
               of the Veterans Memorial Garden Advisory Council
               to delete the term limit provision.  
               (ADOPTED, 6-0; A-84708)
               Fact Sheet (105K)

11)  08R-29    Approving a Lease Agreement between the City and
               Lamar Companies for outdoor advertising on the
               City owned billboard generally located at 27th
               and Y Streets.  (ADOPTED, 6-0; A-84709)
               Fact Sheet (107K)
               Attachment (430K)

12)  08R-31    Designating the City of Lincoln as a Preserve
               America Community as a means to support
               preservation, economic development, and
               community revitalization of historic resources.
               (ADOPTED, 6-0; A-84710)

13)  08R-32    Supporting passage of LB 235 with its financial
               incentives by the State Legislature to encourage
               film production within the State of Nebraska.
               (AMENDED, 6-0; ADOPTED AS AMENDED, 5-1; 
               SVOBODA DISSENTING; A-84711)

14)  08R-26    Adopting the LES 2008 Rate Schedules, Service
               Regulations, and Cost Analysis Summary providing
               for a system average increase of 5.5 percent, to
               be effective March 1, 2008. (HAD PUBLIC HEARING)
               (Action Date: 2/11/08)
               Fact Sheet (91K)
               Attachment (10601K)


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


                           -CONSENT AGENDA-


PETITIONS & COMMUNICATIONS

15)            Setting the hearing date of Monday, March 3,
               2008 at 1:30 p.m. for the application of The
               Falls, LLC dba The Falls for a Class I liquor
               license located at 5925 Adams St. 
               (ADOPTED, 6-0; A-84712)

16)            Setting the hearing date of Monday, March 3,
               2008 at 1:30 p.m. for the application of Hy-Vee
               Inc. dba Hy-Vee 2 for a change of premise of
               their existing Class C liquor license currently
               located at 2343 N. 48th St. to their new 
               location described as a one story irregular
               shaped building approx. 270 ft. x 361 ft.
               located at 1601 N. 84th St. 
               (ADOPTED, 6-0; A-84713)

17)            Setting the hearing date of Monday, March 3,
               2008 at 1:30 p.m. for the application of Grata
               LLC dba Grata for an addition to premise of
               their existing Class C liquor license adding a
               one story area approx. 64 ft. x 23 ft. located
               at 2755 Jamie Lane, Suite 15. (ADOPTED, 6-0; 
               A-84714)

18)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING 
               DEPARTMENT:
               Change of Zone No. 07060, Wilderness Heights
               Planned Unit Development - App. of Lincoln
               Federal Bancorp, from AG Agricultural District
               to B-2 Planned Neighborhood Business District
               for Wilderness Heights Planned Unit Development,
               and from AG Agricultural District to R-3
               Residential District, on property generally
               located at S. 40th Street and Yankee
               Hill Road, for a Planned Unit Development
               District designation on the B-2 portion of said
               property, and for approval of a development plan
               which proposes modifications to the Zoning
               Ordinance, Land Subdivision Ordinance and City
               of Lincoln Design Standards to allow
               approximately 225,000 square feet of commercial
               floor area and approximately 60 dwelling units.
               Change of Zone No. 08001 - App. of
               Hartland Homes, Inc., from AG Agricultural
               District to H-4 General Commercial District on
               property generally located at N. 56th Street 
               and Alvo Road.
               Change of Zone No. 08002 - App. of Chris
               Pischel, from R-2 Residential District to B-1
               Local Business District on property generally
               located at SW 6th Street and West A Street.
               Change of Zone No. 08003 - App. of Chris
               Pischel, from O-2 Suburban Office District to 
               B-3 Commercial District on property generally
               located at S. 48th Street and Meredeth
               Street. 
               Change of Zone No. 08004 - App. of Chris
               Pischel, from R-T Residential Transition
               District to B-1 Local Business District on
               property generally located at N. 48th
               Street and Fremont Street.
               Change of Zone No. 08005 - Req. by
               the Director of Planning, amending Section
               27.63.280 of the Lincoln Municipal Code relating
               to Zoning Code Special Permits, to allow a
               special permit to be granted for the expansion
               or enlargement of premises devoted to or
               occupied by building or structures, the use of
               which constitutes a nonconforming or nonstandard
               use, and repealing Section 27.63.280 of the
               Lincoln Municipal Code as hitherto existing.
               Special Permit No. 08001 - App. of
               Kabredlo's Inc., for the authority to sell
               alcoholic beverages for consumption off the
               premises on property generally located at 
               NW 48th Street and West Adams Street.
               Special Permit No. 08002 - App. of
               Kabredlo's Inc., for the authority to sell
               alcoholic beverages for consumption off the
               premises on property located at 2500 NW
               12th Street.
               Special Permit No. 08003 - App. of Mike
               McKeeman, to allow for seasonal outdoor sales on
               property generally located at S. 84th Street 
               and Old Cheney Road.
               Special Permit No. 08004 - App. of Land
               Construction Inc., for extraction of soil on
               property located at 3601 Waverly Road.
               Special Permit No. 08005 - App. of David
               and Mary Jo Cassner, for an early childhood care
               facility on property generally located at 
               S. 56th Street and Pine Lake Road.
               Special Permit No. 08006 - App. of Chris
               Pischel, for the expansion of a non-conforming
               use on property generally located at SW 6th 
               Street and West A Street.
               Special Permit No. 08007 - App. of Chris
               Pischel, for the expansion of a non-conforming
               use on property generally located at S. 48th 
               Street and Meredeth Street.
               Special Permit No. 08008 - App. of Chris
               Pischel, for the expansion of a non-conforming
               use on property generally located at N. 48th 
               Street and Fremont Street.


19)  MISCELLANEOUS REFERRALS - NONE


REPORTS OF CITY OFFICERS - NONE


                        - END CONSENT AGENDA - 

                        - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 20 THRU 
22 HAD 1ST READING)

20)  08R-37    Approving an Interlocal Agreement between the
               City and County for the improvement of Alvo Road
               generally from N.W. 12th Street to N. 16th
               Street, and N. 14th Street north and south of
               Alvo Road. (Related Items: 08R-37, 08R-38,
               08-9) (Action Date: 2/11/08)
               Fact Sheet (77K)
               Attachment (275K)

21)  08R-38    Approving the Second Amendment to the Fallbrook
               Annexation Agreement between the City and NEBCO,
               Inc. for the improvement of Alvo Road generally
               from N.W. 12th Street to N. 1st Street, and the
               future design of N.W. 12th Street from Alvo Road
               to Highway 34. (Related Items: 08R-37, 08R-38, 
               08-9) (Action Date: 2/11/08)
               Fact Sheet (87K)
               Attachment (29K)

22)  08-9      Amending the Highway Allocation Bond Ordinance 
               #18863 to revise the project description for 
               Alvo Road to include the improvement of Alvo 
               Road generally from N.W. 12th Street to 
               N. 16th Street, and N. 14th Street north and 
               south of Alvo Road. (Related Items: 08R-37, 
               08R-38, 08-9) (Action Date: 2/25/08)
               Fact Sheet (97K)


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

     NONE


RESOLUTIONS - ACTION ONLY

23)            Application of Peking Palace Lincoln, Inc. dba
               Peking Palace for a Class I liquor license at
               8341 O Street. (1/28/08 - Action Delayed 
               1 wk. to 2/4/08) (ADOPTED, 6-0; A-84715)

24)            Manager application of Trung Luu for Peking
               Palace Lincoln, Inc. dba Peking Palace at 8341 O
               Street. (1/28/08 - Action Delayed 1 wk. to
               2/4/08) (ADOPTED, 6-0; A-84716)

25)            Application of Black Cadillac, Inc. dba
               Libations Too for a Class C liquor license at
               5310 S. 56th Street, Suite 1. (1/28/08 -
               Action Delayed 1 wk. to 2/4/08) (ADOPTED, 6-0; 
               A-84717)

26)            Manager application of Paul J. Miloni for Black
               Cadillac, Inc. dba Libations Too at 5310 S. 56th
               Street, Suite 1. (1/28/08 - Action Delayed 1
               wk. to 2/4/08) (ADOPTED, 6-0; A-84718)


RECONSIDERATION

27)  08R-22    Amending Resolution No. A-70031 adopted on 
               April 15, 1985 to waive the requirement that 
               subdivision of the property be accomplished by 
               the City's formal platting procedures when a street 
               is needed within the area of the proposed lots in 
               order to allow for the administrative subdivision 
               of property generally located at Shamrock Road and 
               South 70th street. 1/28/08 - Amended, 7-0; Lost 
               as Amended, 2-5; Eschliman & Svoboda Assenting 
               (#38-4561). (RECONSIDERED, 6-0; P.H. & ACTION 
               ON 2/11/08, 6-0)
               Motion To Amend 1 (6K)


PENDING LIST - DATE CERTAIN

28)  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) 
               (RECONSIDERED, 6-0; PUBLIC HEARING & ACTION 
               ON 2/11/08, 6-0)
               Fact Sheet (1803K)

29)  06-209    Approving a transfer of appropriations and cash
     Part B    (where appropriate) between projects within several 
               funds within the Public Works & Utilities
               Department and to designate street projects
               for Highway Allocation Funds for Fiscal
               Year 2006 - 2007. (1/8/07 - Project #902269, 
               placed on pending, no date certain; all other 
               projects approved) (Request to remove from 
               Pending) 1/28/08 - Removed from Pending to have
               2nd Reading & Public Hearing on 2/11/08)
               Fact Sheet (56K)


PENDING LIST  (EXTENDED ONE WEEK)

30)  02-114    Amending Chapter 2.54 of the Lincoln Municipal
               Code by adding a new  section entitled
               "Standards of Ethical Conduct for Employees &
               Elected Officials" to supplement the existing
               conflicts of interest regulations. (7/29/02 -
               Placed on Pending until a committee is
               formed)
               Fact Sheet (3K)

31)  05R-301   Comp. Plan Amendment No. 05011 - Amending the
               2025 Lincoln/Lancaster County Comprehensive Plan
               by changing approximately 14 acres of
               Public/Semi-Public and Green Space to Commercial
               use, on property generally located at the
               southeast corner of N. 84th St. and Havelock
               Ave. (Related Items: 05R-301, 05R-302) 
               (12/19/05 - Placed on Pending Indefinitely)
               Fact Sheet (676K)

32)  05R-302   Approving a Memorandum of Understanding between
               the City and the Lancaster County Agricultural
               Society associated with the Society's request
               for a comprehensive plan amendment designating
               approximately 14.4 acres generally located on
               the southeast corner of 84th St. and Havelock
               Ave. as commercial. (Related Items: 05R-301,
               05R-302) (12/19/05 - Placed on Pending
               Indefinitely)
               Fact Sheet (676K)
               Attachment (394K)

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)  07-97     Change of Zone 07022 - Application of Hoppe
               Partners Ltd. for a change of zone from R-6
               Residential District to B-4 Lincoln Center
               Business District on property generally
               located at the southeast corner of S. 19th 
               and L Streets. (Request to place on Pending) 
               (6/25/07 - Placed on Pending Indefinitely)
               Fact Sheet (638K)

36)  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)

37)  07-139    Change of Zone 07045 - Application of Realty
               Trust Group for a change of zone from R-3
               Residential Planned Unit Development to B-2
               Planned Neighborhood Business District on
               approximately 5.87 acres generally located 
               at S. 84th Street and Old Cheney Road. 
               (9/17/07 - Action Delayed 1 wk. to 
               9/24/07) (9/24/07 - Placed on Pending, 
               No Date Certain)
               Fact Sheet (399K)


WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
  PUBLIC HEARING ON MONDAY, FEBRUARY 11, 2008, AT 1:30 P.M.
                                                  (APPROVED, 6-0)
                                
38)  08R-33    Authorizing the Lincoln Children's Museum 
               to sublet 26,433 sq. ft. of space to the 
               Nebraska State Historical Society for 
               general office and storage space for a 
               three-year period.
               Fact Sheet (115K)
               Attachment (394K)

39)  08R-34    Approving an Agreement between the City and the
               Nebraska Department of Roads so that federal and
               state funding may be used for the construction
               and construction engineering of the Safety
               Improvement Project at Superior Street and 
               I-180 East Ramp.
               Fact Sheet (62K)
               Attachment (513K)

40)  08R-35    Approving the Deadmans Run 100-year Floodprone
               Areas and revised Floodway as the best available
               information for local flood regulation purposes.
               Fact Sheet (78K)
               Attachment (221K)

41)  08R-36    Comp. Plan Amendment 07002 - Amending the 2030
               Lincoln City/Lancaster County Comprehensive Plan
               to add the Deadmans Run Watershed Master Plan to
               the list of sub-area plans in the Plan
               Implementation section and to the list of
               approved watershed studies in the Utilities
               section of the Comprehensive Plan.
               Fact Sheet (263K)
               Attachment (897K)

42)  08R-39    Reappointing Beatty Brasch and Kim Phelps to the
               StarTran Advisory Board for three-year terms
               expiring October 20, 2010.

43)  08R-40    Appointing Rick Noyes and John Baylor to the
               StarTran Advisory Board for three-year terms
               expiring October 20, 2010.
               Attachment (54K)

44)  08R-41    Appointing Curt Donaldson to the Parks and
               Recreation Advisory Board to fill an unexpired
               term expiring April 27, 2010.
               Attachment (22K)

45)  08R-42    Reappointing Steve Masters to the District
               Energy Corporation for a two-year term expiring
               December 31, 2009.

46)  08R-43    Appointing Dallas McGee to the Lincoln Housing
               Authority Board for a five-year term expiring
               July 1, 2012.
               Attachment (27K)

47)  08R-44    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of January 16 -
               31, 2008.
               Fact Sheet (13K)
               Attachment (17K)

48)  08R-45    Approving an Interlocal Cooperative Agreement
               between the City of Lincoln and the City of
               Fremont, City of Papillion, Loup River Public
               Power District, Lower Platte South NRD,
               Metropolitan Utilities District, Nebraska Public
               Power District, North Loup Public Power and
               Irrigation District, Omaha Public Power
               District, The Central Nebraska Public Power and
               Irrigation District, and Twin Loup Reclamation
               District, as proponents of Sound Science for
               Lower Platte River Policy Decisions, for the
               comprehensive review of the Biological Opinion
               of the Nebraska Game and Parks Commission in the
               Lower Platte River, and for the submission of
               comments at public hearings, meetings and
               gatherings.
               Fact Sheet (17K)
               Attachment (210K)

49)  08R-46    Authorizing the Mayor to execute a multi-year
               contract per City Ordinance when funding
               appropriations comes from more than one fiscal
               year CIP for the Antelope Valley Phase 1 - N/S
               Road north of Q to Y Street.
               Fact Sheet (47K)

50)  08R-47    Amending Resolution A-84406 approving Special
               Permit No. 872F, to expand the boundaries of the
               Firethorn Community Unit Plan and to add 95
               single family residential lots, by deleting the
               requirement that the Permittee revise the site
               plan to show a connection to Pioneers Boulevard
               prior to receiving building permits.


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 (2/6/08) PRIOR TO THE 
     NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
     MICROPHONE SESSION WHICH IS 2/11/08.


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 FOR FEBRUARY ARE THE 11TH AND THE 25TH.


ADJOURNMENT   5:54 P.M.



                               ***
                    The City Council Meeting 
      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.
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   The City Council Agenda and Action Sheet may be accessed on
the Internet at:
                          lincoln.ne.gov
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