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Formal Agenda


           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, JUNE 2, 2008 AT 1:30 P.M.

                         ALL MEMBERS PRESENT
                                 
               THERE WILL NO COUNCIL MEETING THE WEEK OF 
                 JUNE 30TH DUE TO THE JULY 4TH 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)  08R-113   Appointing Georgia Glass to the Lincoln Housing
               Authority Board to fill an unexpired term
               expiring July 1, 2008. (ADOPTED, 7-0; 
               A-84868)
               Attachment (26K)

 2)  08R-114   Reappointing Rodrigo Cantarero to the Lincoln-
               Lancaster County Board of Health for a three
               year term expiring April 15, 2011. 
               (ADOPTED,7-0; A-84869)

 3)  08R-115   Reappointing Ken Svoboda to the Lincoln-
               Lancaster County Board of Health for a one-year
               term expiring April 15, 2009. 
               (ADOPTED, 7-0; A-84870)

 4)  08R-116   Reappointing Robert Ripley and Bruce Helwig to
               the Historic Preservation Commission for three-
               year terms expiring April 15, 2011.  
               (ADOPTED, 7-0; A-84871)

 5)  08R-121   Appointing Dan G. Petersen to the Veterans
               Memorial Garden Advisory Council for a three-
               year term expiring November 1, 2010. 
               (ADOPTED, 7-0; A-84872)
               Attachment (27K)

 6)  08R-122   Appointing John Faz to the Veterans Memorial
               Garden Advisory Council to fill an unexpired
               term expiring November 1, 2009. 
               (ADOPTED, 7-0; A-84873)
               Attachment (32K)

 7)            Report from City Treasurer of City Cash on Hand
               at the close of business April 30, 2008. 
               (PLACED ON FILE)

 8)            Clerk's Letter and Mayor's approval of
               Resolutions and Ordinances passed by City
               Council on May 12, 2008. (PLACED ON FILE)

 9)            Clerk's Letter and Mayor's approval of
               Resolutions and Ordinances passed by City
               Council on May 19, 2008. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

10)            THE FOLLOWING HAVE BEEN REFERRED TO THE 
               PLANNING DEPARTMENT:
               Change of  Zone No. 08022HP - App. of Danja 
               Pegram Siders to designate as a historic landmark 
               property known as the Dr. Slattery House located 
               at 5230 North 14th Street and the associated 
               artesian well at 5200 North 13th Street.
               Change of  Zone No. 08023 - App. of Mark
               Hunzeker for a change from R-2 Residential
               District to B-3 Commercial District on property
               generally located NW of South 33rd Street & 
               A Street.


11)  MISCELLANEOUS REFERRALS - NONE


                     - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

12)            Application of Magnolia Restaurant Inc. dba
               Magnolia Restaurant to expand its presently
               licensed premises by the addition of an L-shaped
               sidewalk cafe‚ measuring approximately 13 feet by
               84 feet to the south and east at 301 N. 8th
               Street. (5/26/08 - P.H & Action con't to
               6/2/08) (ADOPTED FOR APPROVAL, 7-0; A-84874)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 13 
THRU 15 HAD 2ND READING)

13)  08-60     Change of Zone 08016 - Amending Title 27 of
               the Lincoln Municipal Code, the Zoning
               Code, by amending Section 27.63.170
               relating to special permits for parking
               lots to allow the City Council to adjust
               the location of signs and parking under a
               special permit; amending Section 27.67.030
               relating to general parking conditions to
               allow parking in the front yard under a
               special permit for parking lots pursuant to
               Section 27.63.170; and amending Section
               27.69.030 relating to general sign
               provisions to allow signs in the front yard
               if authorized under the conditions of
               approval of the special permitted use found
               in Chapter 27.63; and repealing Sections
               27.63.170, 27.67.030, and 27.69.030 of the
               Lincoln Municipal Code as hitherto existing. 
               (Related Items: 08-60, 08R-119)
               Fact Sheet (157K)

14)  08R-119   Special Permit 08018 - Application of First
               Plymouth Congregational Church to allow a
               parking lot in a residential zoning district; to
               waive the minimum 15 foot site penetration; to
               allow parking in the front yard along S. 21st
               Street and F Street; and to allow for a sign in
               the front yard, on property generally located at
               S. 21st Street and F Street. (Related Items:
               08-60, 08R-119)  (Action Date: 6/9/08)
               Fact Sheet (593K)

15)  08-61     Amending Title 2 of the Lincoln Municipal
               Code relating to Officers, Departments and
               Personnel of the City of Lincoln by
               amending Section 2.02.020 to add the
               "Library Department" and the "Library
               Director" to the list of departments and
               directors under the supervision of the
               Mayor; by adding a new Section 2.02.085 to
               provide the Library Director shall have
               charge and supervision of the Library
               Department and to set forth the duties of
               the Library Director; by creating a new
               Chapter 2.25 entitled "Library Department"
               by adding a new Section 2.25.010 to
               establish the name of the department; by
               adding a new Section 2.25.020 to establish
               a process for the hiring and removal of the
               Library Director; by adding a new Section
               2.25.030 to establish job duties of the
               Library Director; and by adding a new
               Section 2.25.040 to establish a procedure
               for performance reviews of the Library
               Director; by amending Section 2.76.070 to
               remove the Library Director position from
               classified service; and repealing Sections
               2.02.020 and 2.76.070 of the Lincoln
               Municipal Code as hitherto existing.
               Fact Sheet (92K)


PUBLIC HEARING - RESOLUTIONS

16)  08R-117   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of May 1 - 15,
               2008. (AMENDED TO DELAY HERSEL CLAIM FOR 1 WK. 
               W/CON'T  P.H. & ACTION ON 6/9/08, 7-0; ADOPTED 
               AS AMENDED, 7-0; A-84875)
               Fact Sheet (14K)
               Attachment (19K)

17)  08R-95    To provide authority to approve the Annual
               Pollutant Load Estimation for Dry Weather Flows
               from Storm Drain Discharge by the University of
               Nebraska-Lincoln Civil Engineering Department
               for evaluation of historic pollutant loads and
               of proposed monitoring locations for a period of
               May 12, 2008 through December 31, 2008. 
               (ADOPTED, 7-0; A-84876)
               Fact Sheet (59K)
               Attachment (469K)

18)  08R-118   Amending Resolution No. A-84818 to correct the
               amount of the reported settlement of the claim
               of Arshad Mehmood in the amount of $1,398.10
               $1,709.69 to $1,378.10 $1,398.10.              
               (ADOPTED, 7-0; A-84877)
               Fact Sheet (32K)

19)  08R-120   Comprehensive Plan Conformance 08008 - Approving
               and adopting the proposed Van Dorn Redevelopment
               Plan on property generally bounded by Hill
               Street to just north of Pioneers Boulevard and
               between S. 7th Street to S. 10th Street. 
               (DELAYED 2 WKS. FOR ACTION ONLY, 4-3; 
               COOK, EMERY, MARVIN DISSENTING)
               Fact Sheet (494K)
               Attachment (2017K)


                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 20 
THRU 24 HAD 1ST READING)

20)  08-62     Amending Rule 3-3 "Vote of a Member
               Mandatory; Exception" of the Rules of
               Council Decorum to add language relating to
               Council members abstaining from voting on a
               pending question. 
               Fact Sheet (13K)

21)  08-63     Annexation No. 08003 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 63.13 acres of property
               generally located at N. 35th Street and
               Superior Street. (Related Items: 08-63,
               08-64)
               Fact Sheet (232K)

22)  08-64     Change of Zone 08019 - Application of
               Robert and Victoria Rokeby for a change of
               zone from R-3 Residential District to H-3
               Highway Commercial District on property
               generally located at N. 35th Street and
               Superior Street. (Related Items: 08-63,
               08-64)
               Fact Sheet (291K)

23)  08-65     Change of Zone 08018 - Application of Gamma
               Phi Beta Building Association and the
               Planning Director for a change of zone from
               O-2 Suburban Office District to R-7
               Residential District and P Public Use
               District on property generally located at
               N. 16th Street between R and S Streets.
               Fact Sheet (132K)

24)  08-66     Change of Zone 08020 - Application of
               Veyance Technologies, Inc. for a change of
               zone from R-4 Residential District to I-1
               Industrial District on property generally
               located at N. 56th Street and Ballard Ave.
               Fact Sheet (132K)


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

25)   08-59    Accepting Willow Springs Homeowners Association's 
               offer to dedicate the right-of-way for Lucile 
               Drive at Pioneers Blvd. 
               (PASSED, 7-0; #19091)
               Attachment (97K)


PENDING LIST - DATE CERTAIN

26)  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.
               (5/12/08 - Action Only Delayed 1 wk. to
               5/19/08)(5/19/08 - Action Delayed to
               6/16/08)
               Fact Sheet (83K)
               Attachment (44K)


PENDING LIST   (EXTENDED ONE WEEK)

27)  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)

28)  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)

29)  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)

30)  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)

31)  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)
               (5/19/08- Placed on Pending, No Date Certain)
               Fact Sheet (862K)
               Motion To Amend 1 (6K)


   WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
      PUBLIC HEARING ON MONDAY, JUNE 9, 2008, AT 1:30 P.M.
                                                (APPROVED, 7-0)

32)  08R-108   Approving a transfer of appropriations in the
               amount of $200,049 from the Contingency fund to
               the Fire and Rescue Administration Account to
               fund the roof replacement at Fire Station #1 at
               18th and Q Streets.
               Fact Sheet (82K)

33)  08R-123   Appointing James W. Partington to the Lincoln-
               Lancaster County Planning Commission to complete
               the remainder of a term expiring September 24,
               2013.
               Attachment (191K)

34)  08R-124   Reappointing Georgia Glass to the Lincoln
               Housing Authority Board for a five-year term
               expiring July 1, 2013.

35)  08R-125   Comp. Plan Amendment 08002 - Amend the 2030
               Lincoln-Lancaster County Comprehensive Plan to
               designate land as Commercial in the Land Use
               Plan and designate a Community size Commercial
               center generally in the area of S. 84th Street
               between South Street and Van Dorn Street.
               Fact Sheet (215K)

36)  08R-126   Comp. Plan Amendment 08004 - Amend the 2030
               Lincoln-Lancaster County Comprehensive Plan to
               designate land as Commercial in the Land Use
               Plan and designate a new "Mixed Use Office
               Center" generally in the area of S. 62nd Street
               between Old Cheney Road and Highway 2.
               Fact Sheet (294K)

37)  08R-127   Comp. Plan Amendment 08005 - Amend the 2030
               Lincoln-Lancaster County Comprehensive Plan
               Future Land Use Map to change 11 acres from
               Urban Residential to Commercial and to designate
               a new Neighborhood Center on the northeast
               corner of N.W. 48th Street and W. Holdrege
               Street.
               Fact Sheet (163K)

38)  08R-128   Comp. Plan Amendment 08006 - Amend the 2030
               Lincoln-Lancaster County Comprehensive Plan to
               change land from Tier II and Tier I, Priority B,
               to Tier I, Priority A, generally between S.W.
               12th Street to S. Coddington Ave., from W.
               Denton Road south to the Cardwell Branch
               channel.
               Fact Sheet (204K)

39)  08R-129   Comp. Plan Amendment 08009 - Amend the 2030
               Lincoln-Lancaster County Comprehensive Plan to
               adopt text and map changes to the Environmental
               Resources and Mobility and Transportation
               Chapters as related to the multi-use trails and
               public transportation sections.
               Fact Sheet (198K)

40)  08R-130   Comp. Plan Amendment 08011 - Amend the 2030
               Lincoln-Lancaster County Comprehensive Plan by
               amending various sections regarding the City's
               policies on annexation and provision of
               infrastructure concurrent with development.
               Fact Sheet (146K)

41)  08R-131   Comp. Plan Amendment 08012 - Amend the 2030
               Lincoln-Lancaster County Comprehensive Plan by
               amending the County Rural Road element and the
               National Functional Street and Road
               Classifications maps.
               Fact Sheet (110K)

42)  08R-132   Reappointing Dan Kubr, Terry Culwell, John
               Sinclair, Vance Behrens, and Bruce Fischer to
               the Building Code Board of Appeals for terms
               expiring April 1, 2009, April 1, 2010, April 1,
               2010, April 1, 2011, and April 1, 2011,
               respectively.

43)  08R-133   Reappointing Ed Wimes to the City Personnel
               Board for a five-year term expiring June 22,
               2013.

44)  08R-134   Approving an Interlocal Agreement between the
               City and County outlining construction and
               maintenance responsibilities for the project
               known as West Denton Road from a point 500 feet
               west of S. Folsom Street to Amaranth Lane and
               authorizing the Mayor to sign said agreement on
               behalf of the City.
               Fact Sheet (46K)
               Attachment (1081K)

45)  08R-135   Approving an Interlocal Agreement between the
               City and County outlining the responsibilities
               for the widening and reconstruction of S. 70th
               Street from 600 feet south of Country View Lane
               to Yankee Hill Road and authorizing the Mayor to
               sign said agreement on behalf of the City.
               Fact Sheet (46K)
               Attachment (531K)

46)  08R-136   Approving a Conservation Easement Agreement
               between the City and Cardwell Reserve
               Homeowner's Association, Inc. for the
               acquisition of approximately 31.48 acres in the
               Cardwell Branch floodplain south of W. Denton
               Road and west of S.W. 12th Street to preserve
               flood storage capacity and other natural
               resources over the easement area. (Related
               Items 08R-136, 08R-137)
               Fact Sheet (60K)
               Attachment (702K)

47)  08R-137   Approving a Conservation Easement Purchase
               Agreement between Cardwell Reserve Homeowner's
               Association, Inc., Reserve Development, LLC, the
               City of Lincoln, and the Lower Platte South NRD
               for the purchase of a conservation easement in
               the Cardwell Reserve Addition area generally
               located at S.W. 12th Street and W. Denton Road
               to preserve the flood storage capacity and other
               natural resources over the easement area.
               (Related Items 08R-136, 08R-137)
               Attachment (1172K)

48)  08R-138   Approving an Agreement between the Nebraska
               Department of Health and Human Services and the
               Lincoln-Lancaster County Health Department for
               the Home Visitation Project for the Health
               Department and Cedars Youth Services for a
               contract term from March 1, 2008 through July
               30, 2009 with an option to renew for one year
               from July 1, 2009 to June 30, 2010 in an amount
               up to $200,000.00.
               Fact Sheet (75K)
               Attachment (1344K)


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 (6/4/08)  
     PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
     MICROPHONE SESSION WHICH IS 6/9/08.


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 DURING THE MONTH
     OF JUNE ARE THE 9TH AND THE 23RD.


ADJOURNMENT    3:47 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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