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Formal Agenda


            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, JUNE 9, 2008 AT 1:30 P.M.

                           ALL MEMBERS PRESENT
                                 
              THERE WILL BE NO COUNCIL MEETING THE WEEK OF 
                  JUNE 30TH DUE TO THE JULY 4TH HOLIDAY

         MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF APRIL 2008 
AWARDED TO POLICE OFFICER MATTHEW FRANKEN OF THE CRIMINAL INVESTIGATIONS UNIT 
   OF THE POLICE DEPARTMENT IN THE CATEGORIES OF PRODUCTIVITY AND SAFETY.

             PRESENTATION BY LINCOLN POLICE CHIEF TOM CASADY
                      2008 JUSTICE ASSISTANCE GRANT
                      (Public Comments Are Welcomed)


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-123   Appointing James W. Partington to the Lincoln-
               Lancaster County Planning Commission to complete
               the remainder of a term expiring September 24,
               2013.  (ADOPTED, 7-0; A-84878)
               Attachment (191K)

 2)  08R-124   Reappointing Georgia Glass to the Lincoln
               Housing Authority Board for a five-year term
               expiring July 1, 2013.  (ADOPTED, 7-0; A-84879)

 3)  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.  (ADOPTED, 7-0; A-84880)

 4)  08R-133   Reappointing Ed Wimes to the City Personnel
               Board for a five-year term expiring June 22,
               2013.  (ADOPTED, 7-0; A-84881)

 5)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               Idle Funds during the month ended April 30,
               2008.  (ADOPTED, 7-0; A-84882)

 6)            Lincoln Water & WasteWater System Recapitulation
               of Daily Cash Receipts for the month of May
               2008. (PLACED ON FILE)

 7)            Report from City Treasurer of Telecommunications
               Occupation Tax for 1st Quarter 2008: Reliance, 
               Matrix, T-Mobile Central, IDT, Startec Global 
               Operating, Caused Based Commerce, Southwest, PNG, 
               AccessLine, Who's Callling, Air Cell, Aire Spring, 
               Comtel, Helio; March 2008:  Windstream 
               Nebraska #150, Windstream Nebraska #494, New 
               Cingular, Nebraska Technology & Telecomm., 
               Windstream Systems of the Midwest #522, Cricket, 
               USCOC of Greater Iowa, TWC Digital Phone, 
               Verizon - Bell Atlantic, McLeod USA, Virgin 
               Mobile USA, Verizon Select Services, OnStar, 
               Cincinnati Bell Any Distance, Broadwing, VCN, 
               Trans National, Airnex, Global Crossing, Qwest, 
               USCOC of NE/KS, Primus, ACN, Business Prod. 
               Solutions, CIMCO, Working Assets Funding Service, 
               Telecorp, Guaranteed Phone Service, Norstan Network, 
               KDDI America, IBM Global, Ton Services, Quatum Shift,
               Andiamo, TracFone, Advanced Tel, Intellicall
               Operator, LDMI, XO Comm., New Edge Network,
               VoiceCom, Global Star USA, Broadband Dynamics,
               EarthLink; April, 2008:  Alltel Comm. of
               Nebraska, AT&T Comm. of Midwest, MCI, Sprint
               Spectrum, WWC License, D&D, Nextel, Lightyear
               Network Solutions, Tri-M, Acceris, Talk America,
               First Communications, Globalcom, NOSVA, Network
               Billing Systems, Zone Telecom, GTC Telecom,
               Enhanced Comm., TCG Omaha, BT Americas,
               360networks, NOS, Unite Private Networks, SBC
               Long Distance, Covista, ATS Mobile Telephone. 
               (PLACED ON FILE)

 8)            Report from City Treasurer of E911 Occupation
               Tax for the 1st Quarter 2008: TWC Digital Phone; 
               April 2008: AT&T Comm. of Midwest - North 
               Platte Nebraska, Budget Prepay, Qwest, Comtel 
               Telcom Assets, Level 3 Comm., TWC Digital Phone.  
               (PLACED ON FILE)

 9)            Report from City Treasurer of Franchise Tax for
               the month of April 2008 from Aquila. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

10)            Setting the hearing date of Monday June 16, 2008
               at 1:30 p.m. for the Application of Rojo's
               Goods, Inc. dba Rojo's Goods for a Class D
               liquor license located at 824 P Street, Suite
               100.  (ADOPTED, 7-0; A-84883)

11)            Setting the hearing date of Monday June 23, 2008
               at 5:30 p.m. for the Application of Sapna, Inc.
               dba Sapna Bar for a Class I liquor license
               located at 1819 O Street. (ADOPTED, 7-0; A-84884)

12)            Setting the hearing date of Monday June 23, 2008
               at 5:30 p.m. for the Application of Sidewinders,
               Inc. dba Sidewinders for a Class C liquor
               license located at 1644 O Street. 
               (ADOPTED, 7-0; A-84885)

13)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPARTMENT:
               Change of Zone No. 08024 - App. of  Ryan
               and Jennifer Omel for a change from P Public Use
               District to AG Agricultural District on property
               generally located at SW 9th Street and
               Rokeby Road.
               Change of Zone No. 08025 - App. of 
               Design Associates of Lincoln, Inc. for a change
               from AG Agricultural District to H-4 General
               Commercial District on property generally
               located at N. 84th Street and Havelock
               Avenue.
               Special Permit Nox. 1748A - App. of 
               Nebraska Nursery & Color Gardens for an
               amendment to delete the hours of operation for
               the garden center located at S. Coddington
               Avenue and W. Burnham Street. The Planning
               Commission action is final action unless
               appealed to the City Council.
               Special Permit No. 08022 - App. of 
               United Lutheran Church to increase parking area
               on property  generally located at Hartley Street
               and Touzalin Avenue.
               Special Permit No. 08023 - App. of
               Jacquelyn Wright dba Little Feet Academy for an
               early childhood care facility and a waiver
               request to reduce the number of required parking
               stalls on property generally located at S. 16th
               Street and Smith Street.
               Special Permit No. 08024 - App. of  Matt
               and Paige Roberts for expansion of a nonstandard
               dwelling on property generally located at Cedar
               Ave. and Woodsdale Blvd. (3121 Cedar Avenue). 
               The Planning Commission action is final action
               unless appealed to the City Council.
               Special Permit No. 08025 - App. of 
               Design Associates of Lincoln, Inc. for a Planned
               Service Commercial development in the H-4
               General Commercial District to allow a hotel,
               restaurant and retail space on property
               generally located at N. 84th Street and
               Havelock Avenue. The Planning Commission action
               is final action unless appealed to the City
               Council.


14)  MISCELLANEOUS REFERRALS - NONE


                     - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 15 
THRU 19 HAD 2ND READING, SEE ITEMS 16 & 17)

15)  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)

16)  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) (PLACED ON PENDING, NO DATE CERTAIN, 7-0)
               Fact Sheet (232K)

17)  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) (PLACED ON PENDING, NO DATE CERTAIN, 7-0)
               Fact Sheet (291K)

18)  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)

19)  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)


PUBLIC HEARING - RESOLUTIONS

20)  08R-117C  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. (6/2/08 - Claim of Bradley Hersel
               con't. P.H. w/Action to 6/9/08) 
               (ADOPTED, 7-0; A-84886)
               Fact Sheet (14K)
               Attachment (19K)

21)  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.  (CON'T P.H. IN  1 WEEK 
               TO 6/16/08, 7-0)
               Fact Sheet (82K)

22)  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.
               (ADOPTED, 7-0; A-84887)
               Fact Sheet (215K)

23)  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.
               (ADOPTED, 7-0; A-84888)
               Fact Sheet (294K)

24)  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.  (ADOPTED, 7-0; A-84889)
               Fact Sheet (163K)

25)  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.  (ADOPTED, 7-0; A-84890)
               Fact Sheet (204K)

26)  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. (ADOPTED, 7-0; 
               A-84891)
               Fact Sheet (198K)

27)  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.
               (ADOPTED, 7-0; A-84892)
               Fact Sheet (146K)

28)  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. (ADOPTED, 7-0; A-84893)
               Fact Sheet (110K)

29)  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. (ADOPTED, 7-0; A-84894)
               Fact Sheet (46K)
               Attachment (1081K)

30)  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.
               (ADOPTED, 7-0; A-84895)
               Fact Sheet (46K)
               Attachment (531K)

31)  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) (ADOPTED, 7-0; A-84896)
               Fact Sheet (60K)
               Attachment (702K)

32)  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)
               (ADOPTED, 7-0; A-84897)
               Attachment (1172K)

33)  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. (AMENDED, 7-0; ADOPTED AS 
               AMENDED, 7-0; A-84898)
               Fact Sheet (75K)
               Attachment (1344K)

                         - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 34 
THRU 36 HAD 1ST READING)

34)  08-67     Vacation No. 06010 - Vacating Sunny Slope
               Road east of Avon Lane.

35)  08-70     Approving a lease agreement between the
               City and Dittmer & Dittmer of Crete,
               Nebraska, for the lease of office space by
               the Lincoln Area Agency on Aging for its
               Lincoln Information for the Elderly (LIFE)
               Program at 1005 E. Highway 33, Suite 6,
               Crete, Nebraska for a term of May 1, 2008
               through May 31, 2009.
               Fact Sheet (350K)
               Attachment (89K)

36)  08-71     Approving a lease agreement between the
               City and Mueller/Bigert Rentals for the
               lease of office space by the Lincoln Area
               Agency on Aging for its Lincoln Information
               for the Elderly (LIFE) Program at 137 N.
               8th Street, Geneva, Nebraska, for a term
               July 1, 2008 through June 30, 2009. 
               Fact Sheet (75K)
               Attachment (89K)


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

37)  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)
               (PASSED, 7-0; #19092)
               Fact Sheet (157K)

38)  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)
               (MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0; 
               A-84899)
               Fact Sheet (593K)
               Motion To Amend 1 (7K)

39)  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.
               (PASSED, 5-2; CAMP, SVOBODA 
               DISSENTING; #19093)
               Fact Sheet (92K)


PENDING LIST - DATE CERTAIN

40)  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)

41)  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.
               (6/2/08 - Action Delayed to 6/16/08)
               Fact Sheet (494K)
               Attachment (2017K)


PENDING LIST   (EXTENDED ONE WEEK, SEE ITEM #46)

42)  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)

43)  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)

44)  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)

45)  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)

46)  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) (REMOVED FROM PENDING TO HAVE 
               P.H. W/ACTION ON 7/7/08, 7-0)
               Fact Sheet (862K)
               Motion To Amend 1 (6K)


WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, JUNE 16, 2008, AT 1:30 P.M.
                                                  (APPROVED, 7-0)

47)  08R-139   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of May 16 - 31,
               2008.
               Fact Sheet (14K)
               Attachment (21K)

48)  08R-140   Approving the City of Lincoln Redevelopment 
               Agreement (Washington Square) between the City 
               and Washington Square LLC relating to the 
               redevelopment of property generally located 
               at 1531 S. 19th Street and 1541 S. 19th Street 
               for construction of 16 single family dwellings 
               for owner occupancy.
               Attachment (666K)            


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 (6/18/08) PRIOR TO THE NEXT 
     FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE 
     SESSION WHICH IS 6/23/08.


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    3:52 P.M.


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