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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, JUNE 16, 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 MAY - MARK MCCAUGHERTY, UTILITY PLANT MECHANIC II OF THE ASHLAND WATER PRODUCTION PLANT/PUBLIC WORKS & UTILITIES IN THE CATEGORY OF LOSS PREVENTION. 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 approving the City of Lincoln's Investment Activity Report from the City Treasurer for the First Quarter, Fiscal Year 2007-08. (ADOPTED, 7-0; A-84900) 2) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by the City Council on May 19, 2008. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 3) MISCELLANEOUS REFERRALS - END CONSENT AGENDA - PUBLIC HEARING LIQUOR RESOLUTIONS 4) Application of Rojo's Goods Inc. dba Rojo's Goods for a Class D liquor license at 824 P Street, Suite 100. (DELAYED W/CONTINUED PUBLIC HEARING FOR ONE WEEK TO 6/23/08, 7-0) 5) Manager application of Christy E. McMahan for Rojo's Goods Inc. dba Rojo's Goods at 824 P Street, Suite 100. (DELAYED W/CONTINUED PUBLIC HEARING FOR ONE WEEK TO 6/23/08, 7-0) PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 6 THRU 8 HAD 2ND READING.) 6) 08-67 Vacation No. 06010 - Vacating Sunny Slope Road east of Avon Lane. Motion To Amend 1 (7K) Fact Sheet (350K) 7) 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 (75K) Attachment (89K) 8) 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) PUBLIC HEARING - RESOLUTIONS 9) 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. (6/9/08 - P.H. con't. to 6/16/08)(ADOPTED, 6-1; CAMP DISSENTING; A-84901) Fact Sheet (82K) 10) 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. (ADOPTED, 7-0; A-84902) Fact Sheet (14K) Attachment (21K) 11) 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.(AMENDED #1, 4-3; COOK, MARVIN, SPATZ DISSENTING; ADOPTED AS AMENDED, 6-1; CAMP DISSENTING; A-84903) Attachment (673K) - END PUBLIC HEARING - ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 12 THRU 14 HAD 1ST READING) 12) 08-72 Amending Section 9.16.145 of the Lincoln Municipal Code relating to possession of one ounce or less of marijuana to revise the penalties for such offense to conform to those enumerated by Neb. Rev. Stat. § 28-415(13), as amended, effective July 18, 2008, and repealing Section 9.16.145 as hitherto existing. Fact Sheet (15K) 13) 08-73 Change of Zone No. 08022HP - Application of Danja Pegram Siders, on behalf of Aginvest LLC, to designate the Dr. Slattery House at 5230 North 14th Street as a historic landmark. Fact Sheet (1287K) 14) 08-74 Amending Section 21.48.030 of the Lincoln Municipal Code relating to penalties for violations of the Lincoln Housing Code to increase the fine for first offenses from $25.00 to $200.00, for second offenses from $50.00 to $250.00, and for third offenses and each offense thereafter from $100.00 to $300.00, and repealing Section 21.48.030 as hitherto existing. Fact Sheet (15K) ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 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. (AMEND #1, 6-1; SVOBODA DISSENTING; PASSED AS AMENDED, 6-1; SVOBODA DISSENTING; #19094) Fact Sheet (13K) 16) 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. (PASSED, 7-0; #19095) Fact Sheet (132K) 17) 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. (PASSED, 7-0; #19096) Fact Sheet (132K) RESOLUTIONS - ACTION ONLY 18) 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)(LOST, 0-7; #38-4573) Fact Sheet (83K) Attachment (44K) 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. (6/2/08 - Action Delayed to 6/16/08) (AMENDED #2, 7-0; ADOPTED AS AMENDED, 4-3; CAMP, ESCHLIMAN, SVOBODA DISSENTING; A-84904) Fact Sheet (494K) Attachment (2017K) Motion To Amend 1 (7K) Motion To Amend 2 (7K) PENDING LIST - DATE CERTAIN 20) 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) (6/9/08 - Removed from Pending to have P.H. on 7/708) Fact Sheet (862K) Motion To Amend 1 (6K) PENDING LIST (EXTENDED ONE WEEK) 21) 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) 22) 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) 23) 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) 24) 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) 25) 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) (6/9/08 - Placed on Pending, No Date Certain) Fact Sheet (232K) 26) 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) (6/9/08 - Placed on Pending, No Date Certain) Fact Sheet (291K) WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING ON MONDAY, JUNE 23, 2008, AT 5:30 P.M.: (APPROVED, 7-0) 27) 08R-142 Approving a joint City-County three-year agreement with Thomson West for electronic legal research for a period of July 1, 2008 through June 30, 2011 for a flat monthly fee for 85 users in the City Attorney's Office, County Attorney's Office, Public Defenders' Office and Corrections. Fact Sheet (9K) Attachment (1005K) 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 3:33 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 ***