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Formal Agenda


              ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                      MONDAY, MARCH 17, 2008 AT 1:30 P.M.

                             ALL MEMBERS PRESENT


    MAYOR'S AWARD OF EXCELLENCE PRESENTED TO DEMON WIMES, ANIMAL CONTROL 
OFFICER WITH THE HEALTH DEPARTMENT, NOMINATED IN THE CATEGORIES OF VALOR AND 
CUSTOMER RELATIONS.


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)  08R-75    Appointing Jose Quintero to the Lincoln Commission 
               on Human Rights for a three-year term expiring 
               December 31, 2010.  (ADOPTED, 7-0; A-84774)
               Attachment (24K)

 2)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               Idle Funds during the month ended January 31,
               2008.  (ADOPTED, 7-0; A-84775)

 3)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on March 3, 2008. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 4)            Setting the hearing date of Monday, March 24,
               2008 at 1:30 p.m. for the Manager Application of
               Matthew Prusa for Whitehead Oil Co. dba U-Stop
               Convenience Shop located at 924 S. 27th Street.
               (ADOPTED, 7-0; A-84776)

 5)            Setting the hearing date of Monday, March 24,
               2008 at 1:30 p.m. for the Application of
               Kabredlo's, Inc. dba Kabredlo's #104 for a Class
               D liquor license located at 2500 NW 12th Street.
               (ADOPTED, 7-0; A-84777)

 6)            Setting the hearing date of Monday, March 24,
               2008 at 1:30 p.m. for the Application of
               Whitehead Inc. dba U-Stop Convenience Shop for a
               Class D liquor license located at 110 West O
               Street.  (ADOPTED, 7-0; A-84778)

 7)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING 
               DEPARTMENT:
               Change of Zone No. 08010 - App. of Hub
               Hall Real Estate, Inc., Hub Hall Commercial
               Center Planned Unit Development, for a change of
               zone from R-3 Residential District to B-2
               Planned Neighborhood Business District PUD on
               property generally located at NW 48th St. and
               West Holdrege St. for a Planned Unit Development
               District designation of said property; and for
               approval of a development plan which proposes a
               waiver of the required preliminary plat process
               to develop a commercial center in the underlying
               R-3 zoned area.
               Special Permit No. 08017 - App. of
               LeGrande Excavating, Inc. for extraction of soil
               on property generally located at N. 56th St.
               (Highway 77) and Bluff Road. The Planning
               Commission action is final action, unless
               appealed to the City Council.
               Use Permit No. 137A - App. of Olsson
               Associates for an amendment to waive the front
               yard setback and to adjust the site layout on
               property located at 1600 Normandy Court.


 8)  MISCELLANEOUS REFERRALS - NONE

                       - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 9)            Manager application of Amanda Percival for
               Metro Diversified Inc. dba The Office Gentlemen's 
               Club at 640 W. Prospector Court, Suite 200.
               (ADOPTED FOR APPROVAL, 5-2; COOK, ESCHLIMAN 
               DISSENTING; A-84779)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 10 
THRU 17 HAD 2ND READING, SEE ITEMS 11 & 12)

10)  08-24     Amending Section 9.36.100 of the Lincoln
               Municipal Code relating to Unlawful
               Possession of Firearms, to amend subsection
               (a) listing the offenses for which a
               conviction within the last ten years
               prohibits a person from possessing a
               firearm to include the offense of "criminal
               attempt" when the crime attempted is a
               felony or violation of any of the Nebraska
               State Statute misdemeanors listed in
               Section 9.36.100(a).
               Fact Sheet (23K)

11)  08-26     Change of Zone 3312 - Application of Ridge
               Development Company for a change of zone
               from R-3 Residential District to B-2
               Planned Neighborhood Business District on
               property generally located at N. 14th
               Street and Fletcher Ave. (Related Items
               08-26, 08R-71) (Action Date: 3/24/08) 
               (CON'T P.H. W/ACTION ON 4/7/08, 5-2; CAMP, 
               SVOBODA DISSENTING)
               Fact Sheet (563K)

12)  08R-71    Use Permit 135 - Application of Ridge
               Development to develop approximately 198,825 sq.
               ft. of retail floor area, with waivers to reduce
               the front yard setbacks and internal yard
               setbacks, on property generally located at N.
               14th Street and Fletcher Ave. (Related Items
               08-26, 08R-71) (Action Date: 3/24/08)
               (CON'T P.H. W/ACTION ON 4/7/08, 5-2; CAMP, 
               SVOBODA DISSENTING)
               Fact Sheet (799K)

13)  08R-74    Approving the 14th and Alvo Road Conditional
               Annexation and Zoning Agreement between
               Lancaster County School District 001 and the
               City of Lincoln relating to the annexation of
               approximately 40 acres of property generally
               located southwest of N. 14th Street and Alvo
               Road. (Related Items: 08R-74, 08-27, 08-28)
               (Action Date: 3/24/08)
               Attachment (125K)

14)  08-27     Annexation 07004 - Amending the Lincoln
               Corporate Limits Map by annexing approximately 
               40 acres of property generally located southwest 
               of N. 14th Street and Alvo Road. (Related Items:
               08R-74, 08-27, 08-28) (Action Date: 3/24/08)
               Fact Sheet (963K)
               Attachment (72K)

15)  08-28     Change of Zone 07062 - Application of Lincoln 
               Public Schools for a change of zone from AG 
               Agricultural District to R-3 Residential District, 
               on property generally located southwest of N. 14th 
               Street and Alvo Road. (Related Items: 08R-74, 
               08-27, 08-28) (Action Date: 3/24/08)
               Fact Sheet (994K)

16)  08-29     Change of Zone 08007 - Application of Murray and 
               Laurie Dunn for a change of zone from AGR 
               Agricultural Residential District to R-3 
               Residential District on property generally 
               located at 6610 S. 84th Street.
               Fact Sheet (201K)

17)  08-30     Change of Zone 08006 - Amending Section 27.45.020 
               of the Lincoln Municipal Code to add churches as 
               a permitted use in the H-4 General Commercial District.
               Fact Sheet (47K)


PUBLIC HEARING - RESOLUTIONS

18)  08R-62C   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. (3/3/08 - Claim of Christina
               Collins placed on Pending for 2 weeks w/con't.
               P.H. on 3/17/08) (LOST, 3-4; COOK, ESCHLIMAN, 
               MARVIN ASSENTING; RECONSIDERED, 7-0; ADOPTED, 6-1; 
               ESCHLIMAN DISSENTING; A-84780)
               Fact Sheet (13K)
               Attachment (18K)

19)  08R-73    Waiver 07009 - Application of Gerald Spahn to waive 
               street paving for Q Street, sidewalks for Q Street 
               and N. 36th Street, and street trees for Q Street 
               and N. 36th Street, associated with an administrative 
               final plat.  (LOST, 1-6; SPATZ ASSENTING; #38-4566)
               Fact Sheet (361K)

20)  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) 
               (3/3/08 - Removed from Pending to have P.H. on 3/17/08)
               (ADOPTED, 7-0; A-84781)
               Fact Sheet (61K)
               Attachment (709K)

21)  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.
               (3/10/08 - P.H. & Action con't. 1 week to
               3/17/08) (ADOPTED, 7-0; A-84782)
               Attachment (3714K)

22)  08R-68    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of February 16 -
               29, 2008. (ADOPTED, 7-0; A-84783)
               Fact Sheet (13K)
               Attachment (18K)

23)  08R-69    Amending an Interlocal Agreement between the
               City and the Railroad Transportation Safety
               District for the S.W. 40th Street/BNSF Overpass
               project (City Project No. 700132) to remove the
               three year agreement termination clause.
               (ADOPTED, 7-0; A-84784)
               Fact Sheet (48K)
               Attachment (8K)

24)  08R-70    Approving a one year/200 hour lease with option
               to renew for three one-year periods between the
               City and Platte Valley Equipment Company to
               provide a mechanical front wheel assisted
               tractor to apply biosolids generated at the
               Northeast Wastewater Treatment Facility.
               (ADOPTED, 7-0; A-84785)
               Fact Sheet (68K)

25)  08R-72    Special Permit 08004 - Appeal of Land
               Construction, Inc. to the conditional approval
               allowing mining/extraction of soil on
               Agricultural zoned property generally located
               southwest of the intersection of N. 40th Street
               and Waverly Road. (MTA #1A, ADOPTED, 7-0; MTA #1B, 
               ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0; A-84786)
               Fact Sheet (796K)
               Motion To Amend 1 (6K)

26)  08R-76    Comp. Plan Amendment 08001 - Amending the 2030
               Lincoln City/Lancaster County Comprehensive Plan
               to adopt the Wastewater Facilities Master Plan.
               (AMENDED, 4-3; CAMP, ESCHLIMAN, SVOBODA DISSENTING; 
               ADOPTED AS AMENDED, 7-0; A-84787)
               Fact Sheet (554K)


                        - END PUBLIC HEARING -



ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEM 27 
HAD 1ST READING)

27)  08-23     Authorizing the City of Lincoln, Nebraska
               to enter into a lease-purchase transaction
               with Union Bank & Trust Company, Lincoln,
               Nebraska in an amount not to exceed
               $7,500,000 for the acquisition of street
               lighting equipment and the construction of
               park improvements in connection with the
               Antelope Valley Project.


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

28)  08-21     Creating Alley Paving District No. 364 in
               the alley from D Street to F Street,
               between 33rd Street and 34th Street, and
               assessing the costs thereof against the
               benefitted property. (LOST, 1-6; EMERY 
               ASSENTING; #38-4567)
               Fact Sheet (58K)
               Attachment (973K)

29)  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. (ACCEPTED THE SUBSTITUTE AGREEMENT, 
               7-0; PASSED AS AMENDED, 7-0; #19059)
               Fact Sheet (165K)
               Attachment (608K)
               Motion To Amend 1 (1199K)


PENDING LIST - DATE CERTAIN

30)  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) (3/3/08 - P.H.
               con't. 4 weeks to 3/31/08) (Action Date:
               4/7/08)
               Fact Sheet (847K)

31)  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) (3/3/08 -
               P.H. con't. 4 weeks to 3/31/08) (Action Date:
               4/7/08)
               Fact Sheet (1054K)


PENDING LIST   (EXTENDED ONE WEEK)

32)  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)

33)  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)

34)  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)

35)  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)

36)  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)

37)  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)

38)  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 24, 2008, AT 1:30 P.M.
                                               (APPROVED, 7-0)

39)  08R-77    Approving a four-year contract for service, with
               option for renewal, between the City and the
               Capital Humane Society to provide animal shelter
               in conjunction with the Animal Control Division
               of the Lincoln/Lancaster County Health
               Department.
               Fact Sheet (82K)
               Attachment (413K)


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 (3/26/08) PRIOR TO
THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE 
SESSION WHICH IS 3/31/08.


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    5:39 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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