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Formal Agenda


           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, MAY 5, 2008 AT 1:30 P.M.
                                 
              THERE WILL BE NO COUNCIL MEETING THE WEEK OF 
                MAY 26TH DUE TO THE MEMORIAL DAY HOLIDAY

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 levying the special taxes assessed
               for the costs of the improvements in the North
               27th Street Business Maintenance Improvement 
               District against the benefitted properties.
               (ADOPTED, 7-0; A-84837)

 2)            Resolution levying the special taxes assessed
               for the costs of the improvements in the
               University Place Business Maintenance
               Improvement District against the benefitted
               properties. (ADOPTED, 7-0; A-84838)

 3)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               Idle Funds for the month ended March 31, 2008.
               (ADOPTED, 7-0; A-84839)

 4)            Clerk's Letter and Mayor's approval of
               Resolutions and Ordinances passed by City
               Council on April 21, 2008.  (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 5)            Setting the hearing date of May 19, 2008 at 1:30
               p.m. for the application of Swig, LLC dba Billy
               Browns for a Class I liquor license located at
               1422 O Street.  (ADOPTED, 7-0; A-84840)


 6)  MISCELLANEOUS REFERRALS - NONE

                       - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 7)            Application of Box Awesome LLC dba Box Awesome
               to expand its presently licensed premises by the
               addition of a basement area measuring
               approximately 130 feet by 25 feet at 815 O
               Street.  (ADOPTED, 7-0; A-84841)

 8)            Application of Alley, Inc. dba The Alley to
               expand its presently licensed premises by the
               addition of a beer garden space measuring
               approximately 51 feet by 44 feet to the north at
               1029 - 1031 M Street.  (ADOPTED, 7-0; A-84842)

 9)            Application of 55 Degrees, Inc. for a special
               designated beer license to cover an area
               measuring approximately 115 feet by 15 feet
               along the southwest side of the Sawmill Building
               at 440 N. 8th Street on the 9th day of May from  
               3:00 p.m. to 8:00 p.m.  (ADOPTED, 7-0; A-84843)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 10 THRU 
13 HAD 2ND READING)

10)  08-51     Approving a lease agreement between the
               City and Scott & Cindy Jensen for the lease
               of office space by the Lincoln Area Agency
               on Aging for its Lincoln Information for
               the Elderly (LIFE) Program at 320 N. State
               Street, Osceola, Nebraska.
               Fact Sheet (70K)
               Attachment (80K)

11)  08-52     Change of Zone 08011 - Application of the
               Cedars Home for Children for a change of
               zone from R-1 Residential District to R-1
               Residential PUD on property generally
               located at S. 66th Street and Pioneers
               Blvd. to permit a nonprofit religious,
               educational and philanthropic institution
               with domestic shelter, children's home and
               administrative office in the R-1 zoning
               district.
               Fact Sheet (342K)

12)  08-53     Approving a lease agreement between the
               City and The 3 Amigos Properties for a
               lease of space for a three-year term for
               use by the Lincoln Police Department.
               Fact Sheet (68K)
               Attachment (1032K)


PUBLIC HEARING - RESOLUTIONS

13)  08R-97    Comp. Plan Conformance No. 08003 - Amending the
               Antelope Valley Redevelopment Plan to add a
               mixed-use, retail, office and banquet hall
               project with adjacent parking lot on property
               generally located between S. 19th Street and 
               S. 20th Street between K and L Streets.
               (ADOPTED, 7-0; A-84844)
               Fact Sheet (326K)
               Attachment (749K)

14)  08R-98    Approving a Resolution authorizing the Mayor to
               execute and file applications on behalf of the
               City of Lincoln with the Federal Transit
               Administration for Federal transportation
               assistance. (ADOPTED, 7-0; A-84845)
               Fact Sheet (69K)

15)  08R-99    Amending the FY 2007/08 to 2012/13 Six Year
               Capital Improvement Program (CIP) to designate
               funding in the first year (2007/2008) of the
               CIP, identify funding sources, establish a
               project for the West O Historic Highway Project,
               and establish appropriations for that
               project.  (Related Items: 08R-99, 08R-100)
               (ADOPTED, 7-0; A-84846)
               Fact Sheet (73K)

16)  08R-100   Approving an Agreement for entering into a
               contract between the City and the Nebraska
               Department of Roads for the West O Historic
               Highway Project for improvements located on a
               four-block segment of West O Street between 3rd
               Street and the Salt Creek Bridge. (Related
               Items: 08R-99, 08R-100) (ADOPTED, 7-0; A-84847)
               Fact Sheet (80K)
               Attachment (531K)

17)  08R-101   Amending the FY 2007/08 to 2012/13 Six Year
               Capital Improvement Program to establish the
               Boosalis Trail Project-Phase I for a 10 foot
               wide concrete trail from 20th to 27th Street
               along Highway 2 and to identify the funding
               source for that project.  (ADOPTED, 7-0; A-84848)
               Fact Sheet (109K)

18)  08R-102   Approving an Agreement between the City and the
               Lincoln Chamber Economic Development Corp.
               (LCEDC) for the promotion of economic
               development in Lincoln for a four year term
               commencing September 1, 2007 through August 31,
               2011.  (ADOPTED, 7-0; A-84849)
               Fact Sheet (8K)
               Attachment (496K)


                          - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 19 THRU 
22 HAD 1ST READING)

19)  08-54     Approving the Platte River Well Field Farm
               Lease between the City (Owner) and Dennis
               M. Thomas (Tenant) for the lease of
               approximately 240 acres around the City of
               Lincoln Ashland Wellhead Water Operations
               in Ashland, Nebraska for a one-year term
               from June 1, 2008 through May 31, 2009.
               Fact Sheet (56K)               
	       Attachment (360K)

20)  08-55     Comp. Plan Conformity 08005 - Declaring
               approximately 19.37 acres of property
               generally located at N. 56th Street and
               Bluff Road as surplus and authorizing the
               sale thereof to the Nebraska Game and Parks
               Commission.
               Fact Sheet (189K)

21)  08-56     Change of Zone 08015 - Application of the
               University of Nebraska Foundation for a
               change of zone from I-2 Industrial Park
               District to O-3 Office Park District on
               property generally located at N.W. 7th
               Street and Highland Blvd. (Related
               Items: 08-56, 08-57)
               Fact Sheet (248K)

22)  08-57     Change of Zone 2938C - Application of the
               University of Nebraska Foundation to expand
               the area of the University of Nebraska
               Technology Park Special Sign District by
               approximately 12 acres on property
               generally located at N.W. 1st Street and 
               W. Highland Blvd. (Related Items: 08-56,
               08-57)
               Fact Sheet (421K)


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

23)  08-42     Creating and ordering constructed Sewer
               District No. 1183 for an 8-inch diameter
               sanitary sewer along the south side of L
               Street from Christensen Court to the east
               approximately 170 feet and assessing the
               cost thereof against the benefitted
               properties.  (PASSED, 7-0; #19076)
               Fact Sheet (60K)
               Attachment (881K)

24)  08-44     Repealing Ordinance No. 18907 creating
               Alley Re-paving District No. 48, in the
               east/west alley, between 17th to 18th
               Streets, O to P Streets due to the lack of
               majority petition.  (PASSED, 7-0; #19077)
               Fact Sheet (60K)

25)  08-45     Miscellaneous 05004 - Application of Christ
               Lutheran Church to vacate portions of Woods
               Brothers Bryan Sumner Acres and adjacent
               public right-of-way, generally located at
               43rd and Sumner Streets.  (PASSED, 6-0; 
               MARVIN ABSTAINING; #19078)
               Fact Sheet (182K)

26)  08-46     Change of Zone 08012HP - Application of 
               Nebraska State Historical Society
               Foundation to designate the Lewis-Syford
               House at 700 North 16th Street as a
               historic landmark.  (PASSED, 7-0; #19079)
               Fact Sheet (1211K)
               Attachment (412K)

27)  08-47     Change of Zone 08013HP - Application of
               Sigma Chi Building Association to designate
               the Sigma Chi Fraternity House at 1510 Vine
               Street as a historic landmark. (PASSED, 7-0; 
               #19080)
               Fact Sheet (722K)
               Attachment (417K)

28)  08-48     Change of Zone 08014HP - Application of
               Nebraska Alpha Alumni Association to
               designate the Phi Kappa Psi Fraternity
               House at 1548 S Street as a historic
               landmark.  (PASSED, 7-0; #19081)
               Fact Sheet (811K)
               Attachment (560K)

29)  08-49     Change of Zone 2751B - Application of SFI
               Partnership to amend the sign regulations
               for the commercial portion of Van Dorn
               Acres Planned Unit Development to allow an
               additional ground sign and a free-standing
               menu board on property generally located at
               S. 84th Street and Van Dorn Street.  
               (PASSED, 7-0; #19082)
               Fact Sheet (339K)

30)  08-50     Change of Zone 08010 - Application of Hub
               Hall Real Estate for a change of zone from
               R-3 Residential District to B-2 Planned
               Neighborhood Business District PUD to develop 
               up to 70,000 square feet of commercial floor 
               area on property generally located at 
               N.W. 48th Street and W. Holdrege Street.
               (MTA #1 ADOPTED, 6-1; MARVIN DISSENTING; 
               PASSED AS AMENDED, 7-0; #19083)
               Fact Sheet (980K)


PENDING LIST - DATE CERTAIN

31)  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. (4/14/08 - P.H./2nd
               Reading delayed 4 wks. to 5/12/08)
               Fact Sheet (21K)

32)  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) (4/14/08 - Con't P.H. 
               w/Action to 4/28/08) (4/28/08 - Con't. P.H. 
               w/Action to 5/19/08)
               Fact Sheet (862K)
               Motion To Amend 1 (6K)


PENDING LIST   (EXTENDED ONE WEEK)

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, MAY 12, 2008, AT 5:30 P.M.
                                              (APPROVED, 7-0)

37)  08R-106   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of April 16 -
               30, 2008.
               Fact Sheet (13K)
               Attachment (19K)

38)  08R-103   To provide authority to assess property owners
               for the cost of snow and ice removal by the City
               from sidewalks adjacent to their property during
               the winter season of 2007-2008.
               Fact Sheet (57K)

39)  08R-104   Approving a Redevelopment Agreement between the
               City and Capitol Cold LLC relating to the
               construction of storage buildings for commercial
               use within the West O Street Redevelopment Plan
               for public improvements including landscaping
               and new sidewalks abutting the project area
               generally located at 301 S.W. 32nd Street.
               Fact Sheet (83K)
               Attachment (44K)

40)  08R-105   Use Permit 05005A - Application of Gregg
               Trautman to reduce a portion of the front yard
               setback from 25 feet to 15 feet to accommodate a
               sign on property generally located 1/2 block
               south of S. 37th and O Streets.
               Fact Sheet (260K)


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 (5/7/08)  PRIOR TO THE NEXT FORMAL
CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH
IS 5/12/08.

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. THERE WILL ONLY BE
ONE OPEN MICROPHONE SESSION DURING THE MONTH OF MAY WHICH IS
MAY 12TH AT THE 5:30 PM. MEETING.


ADJOURNMENT    3:18 P.M.


ANNOUNCEMENTS:
       Council Meeting Date and Start times for May:
     May 5, 2008 - 1:30 p.m.  May 12, 2008 - 5:30 p.m.
               May 19, 2008 - 1:30 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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