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Formal Agenda



        ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                 MONDAY, MARCH 3, 2008 AT 1:30 P.M.


              ALL MEMBERS PRESENT EXCEPT SVOBODA

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

                              -CONSENT AGENDA-


REPORTS OF CITY OFFICERS

 1)  08R-55    Reappointing James Hewitt to the Nebraska
               Capitol Environs Commission for a three-year
               term expiring January 9, 2011. (ADOPTED, 6-0;
               A-84748)

 2)  08R-56    Appointing Todd Blome to the City Audit Advisory
               Board for a one-year term expiring March 1,
               2009. (ADOPTED, 6-0; A-84749)
               Attachment (28K)

 3)  08R-57    Appointing Steve Bowen to the City Audit
               Advisory Board for a two-year term expiring
               March 1, 2010.(ADOPTED, 6-0; A-84750)
               Attachment (37K)

 4)  08R-58    Appointing Jim Mastera to the City Audit
               Advisory Board for a three-year term expiring
               March 1, 2011.(ADOPTED, 6-0; A-84751)
               Attachment (26K)

 5)  08R-59    Reappointing Scott Sullivan and Michael Eckert
               to the Urban Design Committee for a three-year
               term expiring February 1, 2011.(ADOPTED,6-0;
               A-84752)

 6)  08R-61    Appointing Dr. Heidi Stark to the Lincoln-
               Lancaster County Board of Health to fill an
               unexpired term expiring April 15, 2010.
               (ADOPTED,6-0; A-84753)
               Attachment (36K)

 7)            Report from City Treasurer of City Cash on Hand
               at the close of business November 30, 2007.
               (PLACED ON FILE)

 8)            Report from City Treasurer of City Cash on Hand
               at the close of business December 31, 2007.
               (PLACED ON FILE)

 9)            Report from City Treasurer of City Cash on Hand
               at the close of business January 31, 2008.
               (PLACED ON FILE)

10)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by Council on February 25, 2008.
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

11)            THE FOLLOWING HAVE BEEN REFERRD TO THE PLANNING
               DEPARTMENT:
               Special Permit 08015 - App. of ESP, Inc.
               for soil excavation on property located at NW
               56th Street & West O Street.
               Special Permit 08016 - App. of Mark
               Hunzeker and Andrew Loudon for an early
               childhood facility for up to 20 children on
               property at S. 120th Street and Yankee Hill Road.

12)            Setting the Hearing date of Monday, March 17,
               2008 at 1:30 p.m. for Manager Application of
               Amanda Percival for Metro Diversified, Inc. dba
               The Office Gentlemen's Club located at 640 W.
               Prospector Court, Suite 200.(ADOPTED, 6-0;
               A-84754)


13)  MISCELLANEOUS REFERRALS

                    - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

14)            Application of Hy-Vee Inc. dba Hy-Vee 2 for a
               change of location of their existing Class C
               liquor license from 2343 N. 48th Street to 1601
               N. 84th Street. (ADOPTED FOR APPROVAL, 5-1;
               EMERY DISSENTING; A-84755)

15)            Application of Grata, LLC, dba Grata for the
               addition of an area measuring approximately 64
               feet by 23 feet to the west and an outside area
               measuring approximately 49 feet by 11 feet to
               the east of its presently licensed premises at
               2755 Jamie Lane, Suite 15.(AMENDED, 6-0; ADOPTED
               FOR APPROVAL AS AMENDED, 6-0; A-84756)

16)            Application of The Falls LLC dba The Falls for a
               Class I liquor license at 5925 Adams Street.
               (ADOPTED FOR APPROVAL, 6-0; A-84757)

17)            Manager application of Bryan Gilliland for The
               Falls LLC dba The Falls at 5925 Adams Street.
               (ADOPTED FOR APPROVAL, 6-0; A-84758)

18)            Manager application of Jess Vetrovsky for Gas 'N
               Shop Inc. dba Git 'N Split at 3201 West O
               Street, 1545 Cornhusker Hwy., 2801 O Street,
               5560 S. 48th Street, 4401 N. 27th Street, and
               951 West O Street. (ADOPTED FOR APPROVAL, 6-0;
               A-84759)

19)            Manager application of Jess Vetrovsky for Gas 'N
               Shop dba Gas 'N Shop at 345 West O Street.(ADOPTED
               FOR APPROVAL, 6-0; A-84760)

20)            Application of The Garage Sports Bar & Grill
               Inc. dba The Garage Sports Bar & Grill for a
               Class I liquor license at 5551 S. 48th Street.
               (ADOPTED FOR APPROVAL, 6-0; A-84761)

21)            Manager application of Patricia A. Westphal for
               The Garage Sports Bar & Grill Inc. dba The
               Garage Sports Bar & Grill at 5551 S. 48th
               Street.(ADOPTED FOR APPROVAL, 6-0; A-84762)


PUBLIC HEARING
ORDINANCES - 2ND  READING & RELATED RESOLUTIONS (as required)
(ITEMS 22 THRU 36 HAD 2ND READING.  SEE ITEMS 23, 24, 25, 33, & 34)

22)  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) (2/25/08 -
               To have P.H. 3/3/08 w/Action 3/10/08)
               Fact Sheet (638K)

23)  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)(PUBLIC HEARING CONTINUED
               FOR ONE WEEK W/ACTION ON 3/10/08, 6-0)
               Fact Sheet (77K)
               Attachment (275K)

24)  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. 12../030308/th 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)(PUBLIC HEARING CONTINUED FOR
               ONE WEEK W/ACTION ON 3/10/08, 6-0)
               Fact Sheet (87K)
               Attachment (29K)

25)  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)(PUBLIC HEARING CONTINUED FOR ONE WEEK W/ACTION
               ON 3/10/08, 6-0)
               Fact Sheet (97K)

26)  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)

27)  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)

28)  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)

29)  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)

30)  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)

31) 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)

32)  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)

33)  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) (PLACED ON PENDING FOR FOUR WEEKS W/CON'T.
               PUBLIC HEARING ON 3/31/08, 6-0)
               Fact Sheet (847K)

34)  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)(PLACED ON
               PENDING FOR FOUR WEEKS W/CON'T. PUBLIC HEARING ON
               3/31/08, 6-0)
               Fact Sheet (1054K)

35)  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)

36)  08-20     Adopting the supplements to the Lincoln Municipal Code
               dated June, 2007 and December, 2007 as part of the
               official Lincoln Municipal Code.


PUBLIC HEARING - RESOLUTIONS

37)  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. (AMENDED TO DELAY COLLINS CLAIM FOR
               TWO WEEKS W/CON'T. PUBLIC HEARING ON 3/17/08, 6-0;
               ADOPTED AS AMENDED, 6-0; A-84763)
               Fact Sheet (13K)
               Attachment (18K)

38)  08R-54    Approving an Interlocal Agreement between the
               City and Lancaster County to jointly purchase
               right-of-way for the East Beltway.(ADOPTED, 6-0;
               A-84764)
               Fact Sheet (46K)
               Attachment (294K)

39)  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.(ADOPTED, 6-0; A-84747)
               Fact Sheet (23K)

40)  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.
               (TIE VOTE CARRIED OVER FOR ACTION ON 3/10/08, 3-3)
               Fact Sheet (21K)


                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 41 & 42 HAD 1ST READING.)

41)  08-21     Creating Alley Paving District No. _____ in the
               alley from D Street to F Street, between 33rd
               Street and 34th Street, and assessing the costs
               thereof against the benefitted property.
               Fact Sheet (58K)
               Attachment (973K)

42)  08-22     Approving a lease agreement between B&J
               Partnership Ltd. and the City of Lincoln for
               office space at 850 Q Street for a period of
               March 1, 2008 through February 29, 2012.
               Fact Sheet (165K)
               Attachment (608K)
               Substitute (599K)


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

43)  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.(AMENDED, 6-0; PASSED AS AMENDED,
               6-0; #19047)
               Fact Sheet (59K)
               Attachment (16583K)

44)  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.(PASSED, 6-0; #19048)
               Fact Sheet (171K)

45)  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)(LOST, 0-6; #38-4562)
               Fact Sheet (316K)

 46) 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)
               (LOST, 0-6; #38-4563)
               Fact Sheet (399K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST  (EXTENDED ONE WEEK; SEE ITEM 55)

47)  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)

48)  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)

49)  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)

50)  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)

51)  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)

52)  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)

53)  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)

54)  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)

55)  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. (2/25/08 - Placed on Indefinite
               Pending)(REMOVED FROM PENDING TO HAVE PUBLIC
               HEARING ON 3/17/08, 6-0)


 WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
      PUBLIC HEARING ON MONDAY, MARCH 10, 2008, AT 5:30 P.M.
                                           (APPROVED, 6-0)

56)  08R-51    Approving the City of Lincoln Redevelopment
               Agreement (Sawmill Project) between the City and
               Sawmill Building Partnership for the
               redevelopment of an existing building generally
               located at 8th and S Streets into approximately
               21,000 square feet of office/retail use
               (Redevelopment Improvements); and the removal
               and relocation of sanitary sewer and LES
               electrical lines and the construction of
               sidewalks, street curb modes, driving isle and
               streetscape improvements in proposed vacated S
               Street.
               Attachment (2161K)
               Substitute (1649K)

57)  08R-66    Comprehensive Plan Conformance 08001 - Adopting
               the South 19th Street Redevelopment Plan on
               property generally bounded by South 18th Street
               on the west, South 19th Street on the east,
               including lots on the east side and abutting
               South 19th Street, by Washington Street on the
               north and Garfield Street on the south.
               Attachment (3714K)

58)  08R-67    Approving appropriations in the amount of
               $34,610 from the operation of Keno Lottery Funds
               for various human services.
               Attachment (44K)


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 (3/5/08)  PRIOR TO THE
     NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
     MICROPHONE SESSION WHICH IS 3/10/08.


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 MARCH ARE THE 10TH AND THE 31ST.


ADJOURNMENT  7:00 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.



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