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Formal Agenda


            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, APRIL 14, 2008 AT 1:30 P.M.

                           ALL MEMBERS PRESENT


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


                              PUBLIC HEARING

                            - CONSENT AGENDA -


REPORTS OF CITY OFFICERS

 1)            Resolution assessing the costs of the North 27th
               Street Maintenance Business Improvement District
               against the benefitted properties. (ADOPTED, 7-0; 
               A-84812)

 2)            Resolution assessing the costs of the University
               Place Maintenance Business Improvement District
               against the benefitted properties. (ADOPTED, 7-0; 
               A-84813)

 3)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               Idle Funds during the month ended February 29,
               2008. (ADOPTED, 7-0; A-84814)

 4)            Report from City Treasurer of franchise tax for
               the month of February, 2008 from Aquila. 
               (PLACED ON FILE)

 5)            Report from City Treasurer of Telecommunications
               Occupation Tax for 4th Quarter 2007: Andiamo 
               Telecom; January 2008:  ACN Communications, 
               Advanced Tel Inc, Broadband Dynamics, Broadwing, 
               BT Americas, Business Prod. Solutions, Cimco, 
               Cincinnati Bell Any Distance, Cricket Communications, 
               Earthlink, Flying J Communications, Global Crossing 
               Telecommunications, GlobalStar USA, Guaranteed Phone 
               Service, IBM Global, Intellicall Operator, KDDI 
               America, Long Distance of Michigan, McLeod USA, 
               Movida, Nebraska Technology, Network Billing 
               Systems, New Cingular Wireless, New Edge Network, 
               Norstan Network, OnStar Corp, Primus, Quantum 
               Shift, Qwest Communications Corp, Telecorp, 
               TracFone Wireless, Trans National, TWC Digital 
               Phone, UCN, USCOC of Greater Iowa, USCOC
               of Nebraska/Kansas, Verizon-Bell Atlantic,
               Verizon Select, Virgin Mobile USA, VoiceCom,
               Wholesale Carrier Services, Working Assets
               Funding Service, XO Communications; February
               2008:  360 Networks, Acceris, Alltel, Alltel
               Comm. of Nebraska, ATS Mobile Telephone, AT&T
               Comm. of Midwest, BT Americas, Business Telecom,
               Covista, D&D Communications, Enhanced, First
               Communications, Globalcom, Lightyear Network,
               Network Billing Systems, Nextel Partners,
               Norstan Network, NOS Communications, NOSVA
               Limited Partnership, SBC Long Distance, Shaffer
               Communications, Sprint Communication Company,
               Sprint Spectrum, TCG Omaha, Tri-M Comm, Unite
               Private, Networks, Verizon, Windstream Nebraska,
               Windstream Systems of the Midwest, Zone Telecom.
               (PLACED ON FILE)

 6)            Report from City Treasurer of E911 surcharge for
               February 2008:  ACN Comm. Services, AT&T Comm of
               Midwest, Budget Prepay, Comtel Telcom Assets,
               Level 3 Comm, Qwest Comm, TWC Digital Phone. 
               (PLACED ON FILE)

 7)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on March 31, 2008.  (PLACED ON FILE)

 8)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on April 7, 2008.  (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 9)            Setting the hearing date of Monday, April 28, 2008 
               at 5:30 p.m. for the application of Rett A. Bellamy 
               dba Sidewinders for a Class C liquor license 
               located at 1644 O Street. (ADOPTED, 7-0; A-84815)

10)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING 
               DEPARTMENT:
               Change of Zone No. 2938C - App. of the
               University of Nebraska Foundation for an
               amendment to expand the special sign district to
               include 12 acres on property generally located
               at NW 1st St. and W. Highlands Boulevard.
               Change of Zone No. 08015 - App. of the
               University of Nebraska Foundation, from I-2
               Industrial Park District to O-3 Office Park
               District on property generally located at NW 1st
               Street and W. Highlands Boulevard.
               Special Permit No. 08019 - App. of
               SWIG, LLC, for the authority to sell
               alcoholic beverages for consumption on the
               premises on property generally located at
               S. 9th Street and South St. The Planning
               Commission action is final action, unless
               appealed to the City Council.
               Use Permit No. 80A - App. of the
               University of Nebraska Foundation, for an
               amendment to add an additional 12 acres, on
               property generally located at NW 1st Street and
               W. Highlands Blvd.  The Planning Commission
               action is final action, unless appealed to the
               City Council.
               Use Permit No. 05005A - App. of Gregg and
               Cindy Trautman, for an amendment to reduce a
               portion of the front yard setback, on property
               generally located at S. 37th Street and O
               Street.


11)  MISCELLANEOUS REFERRALS - NONE

                        - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

12)            Application of Old Federal Place Limited
               Liability Company dba The Grand Manse for a
               Class I liquor license at 129 North 10th Street.
               (ADOPTED FOR APPROVAL, 7-0; A-84816)

13)            Manager application of Deborah L. Loch for Old
               Federal Place Limited Liability Company dba The
               Grand Manse at 129 North 10th Street.
               (ADOPTED FOR DENIAL, 7-0; A-84817)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 14 
THRU 17 HAD 2ND READING)

14)  08-38     Annexation No. 08002 - Amending the Lincoln
               Corporate Limits Map by annexing approximately 
               64 acres of property generally located at 
               Cornhusker Highway and Fletcher Avenue.
               Fact Sheet (406K)
               Attachment (59K)

15)  08-39     Miscellaneous No. 08004 - Amending Title 26 of 
               the Lincoln Municipal Code relating to 
               subdivisions by amending Section 26.11.060 
               to modify when an application for a final 
               plat shall automatically expire and become 
               null and void; amending Section 26.15.020 
               to delete the requirement that an aerial 
               photograph from the Lancaster County soil 
               survey maps designating soil types and
               an explanation on how (1) the engineering
               properties, and (2) the physical chemical
               and water properties of the soil will
               affect the proposed development to be
               included with the preliminary plat and
               further deleting the requirement for a
               certification from a geotechnical engineer
               that the soil data suppled is still
               appropriate if the grading plan shows more
               than a five-foot cut on a significant part
               of the area or a large number of basements
               are anticipated.
               Fact Sheet (52K)

16)  08-40     Approving the sale of City owned properties
               located at 1747, 1801, 1803, and 1807 North
               24th Street and 429 B Street to NeighborWorks-
               Lincoln and Affordable Housing Initiative.
               Fact Sheet (82K)
 
17)  08-41     Approving a lease agreement between the
               City and Slick Graphix for the lease of
               space by the Lincoln Area Agency on Aging
               for its Lincoln Information for the Elderly
               (LIFE) Program at 370 Fifth Street, David
               City, Nebraska.
               Fact Sheet (72K)
               Attachment (98K)


PUBLIC HEARING - RESOLUTIONS

18)  08R-82    Special Permit 08015 - Application of Roger
               Schwisow for authority to allow mining/extraction 
               of soil of agricultural zoned property located 
               northwest of the intersection of N.W. 56th Street 
               and West O Street. (3/31/08 - Con't P.H. 
               w/Action on 4/14/08) (P.H. CON'T W/ACTION IN TWO 
               WEEKS ON 4/28/08, 7-0)
               Fact Sheet (862K)
               Motion To Amend 1 (6K)

19)  08R-86    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of March 16 -
               31, 2008. (ADOPTED, 7-0; A-84818)
               Fact Sheet (13K)
               Attachment (18K)

20)  08R-87    Approving the Interlocal Cooperation Agreement
               between the City and Lower Platte South NRD,
               Nebraska Dept. of Correctional Services and
               Nebraska Emergency Management Agency for the
               Flood Control Project at South 14th Street and
               Highway 2 along Beal Slough. (ADOPTED, 7-0; 
               A-84819)
               Fact Sheet (61K)
               Attachment (617K)

21)  08R-88    Use Permit 137A - Application of Pioneer
               Woods/Normandy Court Association to amend Use
               Permit No. 137 to reduce the existing front yard
               setback from 20 feet to 8.5 feet in front of Lot
               3 along S. 16th Street, and to add eight parking
               stalls, on property generally located at S. 16th
               Street and Normandy Court. (ADOPTED, 7-0; 
               A-84820)
               Fact Sheet (248K)


                       - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 22 
& 23 HAD 1ST READING, SEE ITEM #23)

22)  08-37     Amending Chapter 2.54 of the Lincoln
               Municipal Code relating to conflicts of
               interest of officers and employees to
               declare the policy of the Chapter; to
               revise the definition of immediate family;
               to adopt standards for ethical conduct of
               officers and employees, including general
               principals relating to financial interests,
               use of information, status, or property for
               private gain, and contracting with the
               City; to require candidates for office to
               disclose existing or pending contractual
               relationships with the City; to declare
               interests in contracts by revising
               language, posting of information on
               websites, to require additional information
               on disclosures, to extend bid deadlines,
               and to require Council approval of such
               contracts. (3/31/08 - Con't on 1st Reading; 
               to have P.H. 4/14/08) (4/7/08 - Con't. 1st 
               Reading to 4/14/08)

23)  08-43     Amending Chapter 8.46 of the Lincoln
               Municipal Code relating to Weed Abatement
               by amending Sections 8.46.010 and 8.46.020
               to raise the height of weeds or worthless
               vegetation that must be cut from six inches
               to twelve inches above the ground; and
               repealing Sections 8.46.010 and 8.46.202 as
               hitherto existing. (PUBLIC HEARING/2ND READING 
               DELAYED 4 WEEKS TO 5/12/08, 4-3; CAMP, SPATZ, 
               SVOBODA DISSENTING)
               Fact Sheet (21K)


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

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) (3/3/08 - P.H.
               con't. 4 weeks to 3/31/08) (Action Date: 4/7/08) 
               (4/7/08 - Action delayed 1 wk to 4/14/08)
               (LOST, 0-7; #38-4568)
               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)
               (3/3/08 - P.H. con't. 4 weeks to 3/31/08)
               (Action Date: 4/7/08) (4/7/08 - Action
               delayed  1 wk to 4/14/08) (LOST, 0-7;#38-4569)
               Fact Sheet (1054K)

26)  08-34     Approving a contract between the City and
               Lincoln Haymarket Development Corp. to
               operate and regulate a Saturday public
               market in the Haymarket area, 7th Street
               from P to Q Streets and P Street from 7th
               to 8th Streets from May 3, 2008 through
               October 11, 2008 and on 8th Street from P
               to Q Street from June 14, 2008 through
               August 9, 2008. (PASSED, 7-0; #19068)
               Fact Sheet (81K)
               Attachment (608K)

27)  08-35     Approving a contract between the City and
               Downtown Lincoln Association to operate and
               regulate a mid-week Jazz in June public
               market in the area located at 12th Street
               from Q to R Street and R Street from 12th
               to 13th Streets from June 3, 2008 through
               June 24, 2008. (PASSED, 7-0; #19069)
               Fact Sheet (80K)
               Attachment (260K)

28)  08-36     Amending Title 28 of the Lincoln Municipal
               Code relating to Stormwater Quality and
               Erosion and Sediment Control by creating a
               new Chapter 28.02, Regulations for Illicit
               Discharges. (PASSED, 7-0; #19070)
               Fact Sheet (117K)
               Attachment (55K)

29)  08R-84    Adopting fees to cover the expenses of
               conducting National Pollutant Discharge
               Elimination System ( NPDES)  stormwater permit
               compliance inspections at regulated industrial
               facilities by Health Department staff. (To
               have Action 4/14/08 w/Bill No. 08-36) (ADOPTED, 
               7-0; A-84821)
               Fact Sheet (111K)


PENDING LIST - DATE CERTAIN - NONE


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)  07-58     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)

36)  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, APRIL 21, 2008, AT 1:30 P.M.
                                                 (APPROVED, 7-0)

37)  08R-90    Reappointing Larry M. Brown and Keith E.
               Fickenscher to the Veterans Memorial Garden
               Advisory Council for three-year terms expiring
               November 1, 2010.

38)  08R-91    Appointing Emily Casper to the Community
               Forestry Advisory Board to fill an unexpired
               term expiring August 17, 2008.
               Attachment (29K)

39)  08R-92    Approving an Agreement between the City, County
               and Bryan LGH Medical Center to obtain discounted 
               fees and extended terms for Blood borne Pathogens 
               testing and discounted fees and extended terms for 
               the treatment of Workers Compensation injuries and 
               illnesses for a four year term from January 1, 2008 
               through December 31, 2011.
               Fact Sheet (86K)
               Attachment (295K)


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 (4/23/08) PRIOR TO THE NEXT FORMAL CITY COUNCIL 
     MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 4/28/08.


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 APRIL 
     ARE THE 14TH AND THE 28TH.


ADJOURNMENT    4:24 P.M.


ANNOUNCEMENTS:

April  2008 City Council Meeting Dates and Times:
     April 7  -  1:30 p.m     April 14 - 1:30 p.m. (open microphone)
     April 21 - 1:30 p.m.     April 28 - 5:30 p.m. (open microphone)



                               ***
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      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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