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Formal Agenda


         ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
               MONDAY, FEBRUARY 25, 2008 AT 5:30 P.M.

                        ALL MEMBERS PRESENT


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 1
THRU 4 HAD 2ND READING)

 1)  08-8      Creating and ordering construction of
               Sidewalk Improvement District No. 95 in
               various locations within the City and
               assessing the cost against the benefitted
               property.
               Fact Sheet (59K)
               Attachment (16583K)

 2)  08-10     Misc. 08001 - Amending Title 26 of the
               Lincoln Municipal Code relating to land
               subdivisions by amending Section 26.19.010
               to allow final plats to be drawn on 24 lb.
               white paper and by amending Section
               26.23.140 to provide that lots shown within
               the boundaries of an approved community
               unit plan, a planned unit development, or
               use permit are not required to front upon
               and take access to a public street or
               private roadway, provided that a permanent
               public access easement to and from a public
               street or private roadway for such
               residential lots is dedicated in the final
               plat creating such residential lots and
               that permanent access easement (public or
               private) to and from a public street or
               private roadway for such nonresidential
               lots is dedicated in the final plat
               creating such nonresidential lots.
               Fact Sheet (171K)

 3)  08-11     Change of Zone 07061 - Application of Steve
               Glenn of MGG Enterprises for a change of
               zone from B-1 Local Business District to B-
               2 Planned Neighborhood Business District on
               property generally located southwest of the
               intersection of Van Dorn Street and South
               70th Street. (Related Items: 08-11, 08R-50)
               (Action Date: 3/3/08)
               Fact Sheet (316K)

 4)  08R-50    Pre-Existing Use Permit No. 07001A - Application
               of Steve Glenn of MGG Enterprises to develop
               16,000 square feet of commercial floor area,
               with an adjustment to the parking requirement to
               allow a temporary outdoor structure in
               conjunction with the use of the building as a
               convenience hardware store, on property
               generally located southwest of the intersection
               of Van Dorn Street and South 70th Street.
               (Related Items: 08-11, 08R-50) (Action Date:
               3/3/08)
               Fact Sheet (399K)


PUBLIC HEARING - RESOLUTIONS

 5)  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) (2/4/08 - Reconsidered &  
               to have  P.H. & Action on 2/11/08) (2/11/08 - 
               P.H. & Action con't. 2 weeks to 2/25/08)
               (ADOPTED, 7-0; A-84740)

 6)  08R-30    Ordering construction of Paving Unit 
               No. 141 in Q Street from 35th to 
               36th Streets and assessing the cost 
               thereof against the benefitted properties.
               (PLACED ON INDEFINITE PENDING, 6-1; EMERY DISSENTING)
               Fact Sheet (61K)
               Attachment (709K)

 7)  08R-48    Misc. 07010 - Declaring the N.W. 48th & I-80
               Redevelopment Area as blighted and substandard
               generally bounded by West Holdrege Street on the
               north to Interstate 80 right-of-way on the
               south; from N.W. 56th Street on the west to N.W.
               40th Street on the east. (ADOPTED, 7-0; A-84741)
               Fact Sheet (168K)
               Attachment (1961K)

 8)  08R-49    Misc. 08003 - Declaring the South 19th Street
               Blight Update Area as blighted and substandard
               generally bounded by the centerline of
               Washington Street on the north to the centerline
               of Garfield Street on the south; and the center
               line of South 18th Street on the west to east of
               South 19th Street, including Lots 4 - 7, 
               Block 4, Williams Subdivision, and associated alleys.
               (ADOPTED, 7-0; A-84742)
               Fact Sheet (361K)
               Attachment 1 (55477K)
               Attachment 2 (532K)

 9)  08R-52    Approving the transfer of unspent appropriations
               in the amount of $35,297 from account 10001.5621
               (Personnel Department) to 02014.5021 (Mayor's
               Department Human Rights) for the Affirmative
               Action function. (ADOPTED, 7-0: A-84743)
               Fact Sheet (64K)


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


                         -CONSENT AGENDA-


PETITIONS & COMMUNICATIONS

10)            Setting the hearing date of Monday, March 3,
               2008 at 1:30 p.m. for the Manager Application of
               Jess Vetrovsky for Gas N Shop, Inc. dba 
               Gas N Shop located at 345 West O Street.
               (ADOPTED, 7-0; A-84744)

11)            Setting the hearing date of Monday, March 10,
               2008 at 5:30 p.m. for the Application of
               Grandstand LLC dba The Element for a 
               Class I liquor license located at 5601 
               S. 56th St., Suite 21. (ADOPTED, 7-0; A-84745)

12)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING 
               DEPARTMENT:
               Change of Zone No. 08006 - Req. by the
               Director of Planning, amending Section 27.45.020
               of the Lincoln Municipal Code to add churches as
               a permitted use in the H-4 General Commercial
               District; and repealing Section 27.45.020 of the
               Lincoln Municipal Code as hitherto existing.
               Change of Zone No. 08007 - App. of Olsson
               Associates, from AGR Agricultural Residential
               District to R-3 Residential District, on
               property generally located at S. 84th Street 
               and Pine Lake Road.
               Special Permit No. 08010 - App. of Keith
               Fizkenscher, to allow a propane dispensing
               station on the northwest corner of the property
               generally located at S. 48th Street and
               Highway 2.
               Special Permit No. 08011 - App. of Katie
               Halperin, for expansion of a nonconforming use,
               on property located at 1531 S. 19th Street 
               and 1541 S. 19th Street.
               Special Permit No. 08012 - App. of Olsson
               Associates, for a domicillary care facility for
               approximately 57 residents, on property
               generally located at S. 84th Street 
               and Pine Lake Road.
               Special Permit No. 08013 - App. of ESP,
               Inc., for an early childhood care facility for
               up to approximately 120 children, with requests
               to waive the location of the permitted sign to
               be shown at time of sign permits and to not
               require access to a collector street, on
               property generally located at S. 61st
               Street and Pine Lake Road.
               Special Permit No. 08014 - App. of ESP,
               Inc., for a private dance school for
               approximately 36 students, with waiver request
               to allow the location of the permitted sign to
               be shown at the time of the sign permits, on
               property generally located at S. 61st
               Street and Pine Lake Road.


13)  MISCELLANEOUS REFERRALS - NONE

REPORTS OF CITY OFFICERS

14)            Assessment Resolution for Board of Equalization,
               Group I to be held Monday, March 3, 2008 at
               10:00 a.m. (ADOPTED, 7-0)

15)            Affidavit of Mailing for Board of Equalization,
               Group I to be held Monday, March 3, 2008 at
               10:00 a.m. (PLACED ON FILE)

16)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on February 11, 2008. (PLACED ON FILE) 


                       - END CONSENT AGENDA - 

                       - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 17 
THRU 27 HAD 1ST READING)

17)  08-12     Amending Section 12.20.050 of the Lincoln
               Municipal Code relating to permits and
               requirements for planting, maintaining,
               removal, and destruction of trees along
               public ways to incorporate the Street Tree
               Voucher Program.
               Fact Sheet (141K)

18)  08-13     Vacation No. 07009 - Vacating N. 1st Street
               from the north right-of-way line of Q
               Street to the north property line of Lot 57
               I.T. (Related Items: 08-13, 06R-60)
               (Action Date: 3/10/08)
               Fact Sheet (901K)

19)  08R-60    Approving a Conservation Easement Agreement
               between People's City Mission Home and the City
               of Lincoln over approximately .92 acres
               generally located at N. 1st and Q Street, to
               preserve flood storage capacity of the easement
               area. (Related Items: 08-13, 06R-60) (Action
               Date: 3/10/08)
               Attachment (262K)

20)  08-14     Annexation 08001 -  Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 9.22 acres of property
               generally located at N. 56th Street and
               Alvo Road. (Related Items 08-14, 08-15)
               (Action Date: 3/10/08)
               Fact Sheet (902K)
               Attachment (37K)

21)  08-15     Change of Zone 08001 - Application of
               Hartland Homes, Inc. for a change of zone
               from AG Agricultural District to H-4
               General Commercial District on property
               generally located at N. 56th Street and
               Alvo Road. (Related Items 08-14, 08-15)
               (Action Date: 3/10/08)
               Fact Sheet (823K)

22)  08-19     Change of Zone 08005 - 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 a premises devoted
               to or occupied by buildings or structures, 
               the use of which constitutes a nonconforming 
               or nonstandard use.
               Fact Sheet (70K)

23)  08-16     Change of Zone 08002 - Application of
               Olderbak Enterprises North, LLC and Foster
               Investment, LLC for a change of zone from R-2 
               Residential District to B-1 Local Business 
               District on property generally located at the 
               Northwest corner of S.W. 6th Street and 
               West A Street.
               Fact Sheet (938K)

24)  08-17     Change of Zone 08003 - Application of
               Olderbak Enterprises North, LLC for a
               change of zone from O-2 Suburban Office
               District to B-3 Commercial District on
               property generally located northwest of the
               intersection of S. 48th and Meredeth
               Street. (Related Items: 08-17, 08R-65)
               (Action Date: 3/10/08)
               Fact Sheet (847K)

25)  08R-65    Special Permit 08007 - Appeal of Keith
               Sackschewsky to the Planning Commission's
               conditional approval of the application of
               Olderbak Enterprises North LLC to expand a
               nonconforming use to increase the area where the
               sale of alcoholic beverages for consumption off
               the premises is allowed, on property generally
               located northwest of the intersection of S. 48th
               Street and Meredeth Street. (Related Items:
               08-17, 08R-65) (Action Date: 3/10/08)
               Fact Sheet (1054K)

26)  08-18     Change of Zone 08004 - Application of
               Olderbak Enterprises North, LLC for a change 
               of zone from R-T Residential Transition 
               District to B-1 Local Business District on 
               property generally located at N. 48th Street 
               and Hartley Street.
               Fact Sheet (696K)

27)  08-20     Adopting the supplements to the Lincoln
               Municipal Code dated June, 2007 and 
               December, 2007 as part of the official
               Lincoln Municipal Code.


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

28)  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)
               (PASSED, 7-0; #19046)
               Fact Sheet (56K)


RECONSIDERATION

29)  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. (2/11/08 -
               Action Delayed for 60 days to 4/14/08)
               (RECONSIDERED, 6-1; CAMP DISSENTING; RECONSIDERED 
               MTA #1, ADOPTED 2/11/08, TO WITHDRAW, 7-0; MTA #2, 6-1; 
               CAMP DISSENTING; ADOPTED AS AMENDED, 4-3; CAMP, ESCHLIMAN, 
               SVOBODA DISSENTING; A-84746)
               Fact Sheet (263K)
               Attachment (897K)
               Motion To Amend 2 (7K)


PENDING LIST - DATE CERTAIN

30)  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) (2/11/08 - P.H. &
               Action con't. to 3/3/08)
               Fact Sheet (77K)
               Attachment (275K)

31)  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) (2/11/08 - P.H. & 
               Action con't. to 3/3/08)
               Fact Sheet (87K)
               Attachment (29K)

32)  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) 
               (2/11/08 - P.H. & Action con't. to 3/3/08)
               Fact Sheet (97K)


PENDING LIST   (SEE ITEM #38)

33)  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)

34)  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)

35)  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)

36)  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)

37)  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)

38)  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) (Request to Remove from Pending)
               (REMOVED FROM PENDING TO HAVE 2ND READING & P.H. 
               ON 3/3/08 W/ACTION ON 3/10/08, 7-0)
               Fact Sheet (638K)

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)  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)

41)  08-5      Comp. Plan Conformity 07025 - Declaring
               approximately 43,200 square feet generally
               located at N.W. 52nd Street and West
               Huntington Ave. as surplus property and
               authorizing the sale thereof. (1/28/08 -
               Action Delayed 2 wks to 2/11/08) (2/11/08-
               Placed on Pending Indefinitely)
               Fact Sheet (1803K)


  WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
   PUBLIC HEARING ON MONDAY, MARCH 3, 2008, AT 1:30 P.M.
                                                (APPROVED, 7-0)
                                
42)  08R-62    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of February 1 -
               15, 2008.
               Fact Sheet (13K)
               Attachment (18K)

43)  08R-54    Approving an Interlocal Agreement between the
               City and Lancaster County to jointly purchase
               right-of-way for the East Beltway.
               Fact Sheet (46K)
               Attachment (294K)

44)  08R-55    Reappointing James Hewitt to the Nebraska
               Capitol Environs Commission for a three-year
               term expiring January 9, 2011.

45)  08R-56    Appointing Todd Blome to the City Audit Advisory
               Board for a one-year term expiring March 1,
               2009.
               Attachment (28K)

46)  08R-57    Appointing Steve Bowen to the City Audit
               Advisory Board for a two-year term expiring
               March 1, 2010.
               Attachment (37K)

47)  08R-58    Appointing Jim Mastera to the City Audit
               Advisory Board for a three-year term expiring
               March 1, 2011.
               Attachment (26K)

48)  08R-59    Reappointing Scott Sullivan and Michael Eckert
               to the Urban Design Committee for a three-year
               term expiring February 1, 2011.

49)  08R-61    Appointing Dr. Heidi Stark to the Lincoln-
               Lancaster County Board of Health to fill an
               unexpired term expiring April 15, 2010.
               Attachment (36K)

50)  08R-63    Directing submittal to the qualified electors of
               the City a proposed Charter amendment amending
               Article IV, Section 12, of the Charter relating
               to the duties of the mayor to clarify that the
               mayor must approve purchases and contracts in
               excess of $25,000; amend Article VII, Section 2
               of the Charter relating to the powers and duties
               of the purchasing division to provide that the
               purchasing division shall advertise for formal
               sealed bids for any contract in excess of
               $25,000, provided the mayor may authorize
               construction of public works and utilities
               infrastructures where the city subsidy or
               reimbursement does not exceed $100,000, and
               provided further that the mayor may delegate the
               execution of any purchase contract award of less
               than $25,000; and amend Article VIII, Section 5
               relating to the awarding of street improvement
               contracts to provide the city may make
               improvements not to exceed $25,000 where it has
               not received any bids on a street improvement
               project.
               Fact Sheet (23K)

51)  08R-64    Directing submittal to the qualified electors of
               the City a proposed Charter amendment amending
               Article VII, Section 5 relating to conflicts of
               interest to prohibit elected officials and
               department directors from entering into
               contracts with the city either individually or
               through a business in which he or she has a
               direct or indirect ownership interest and to
               require that a declaration of a conflict of
               interest must be recorded in the minutes of the
               meeting when so declared; to clarify that
               unfulfilled portions of contracts in violation
               of the conflict of interest provisions may be
               voided by the mayor or city council; and to
               gender neutralize the existing language.
               Fact Sheet (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 (2/20/08) PRIOR TO THE NEXT 
     FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE 
     SESSION WHICH IS 2/25/08.


ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS
     AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA, MAY
     DO SO AT THE OPEN MICROPHONE SESSION. OPEN MICROPHONE 
     SESSIONS FOR FEBRUARY ARE THE 11TH AND THE 25TH.


ADJOURNMENT     9:04 P.M.


ANNOUNCEMENTS:
   March  2008 City Council Meeting Dates and Times:
            March 3  -  1:30 p.m.    March 10 - 5:30 p.m.
            March 17 - 1:30 p.m.     March 24 - 1:30 p.m.
                         March 31 - 5:30 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.
                                  ****

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