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Formal Agenda
 

       ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
              MONDAY, OCTOBER 9,  2006 AT 1:30 P.M.

                       ALL MEMBERS PRESENT

MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF SEPTEMBER, 2006 
WAS PRESENTED TO TRAVIS NILSEN, LABORER II, OF THE PARKS & 
RECREATION DEPARTMENT IN THE CATEGORY OF SAFETY.
                                 
                                 
PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of Prairie Fare Inc. dba P.O. Pear's
               for a special designated license for an area
               measuring 92 feet by 146 feet at 1800 State Fair
               Park Drive on the 13th day of October, 2006 from
               3:00 p.m. to 1:00 a.m. (ADOPTED FOR APPROVAL, 
               7-0; A-84066)

2)             Manager application of Ron Snover for Lancaster
               Co. Ag. Society, Inc dba Lancaster Event Center
               located at 4100 N. 84th Street. (ADOPTED FOR 
               APPROVAL, 7-0; A-84067)

3)             Application of Lead Dog Entertainment Inc. dba
               Coyote Willy's for a Class C liquor license at
               2137 Cornhusker Highway, Suite A. 
               (ADOPTED FOR APPROVAL, 4-3; COOK, ESCHLIMAN, 
               MCROY DISSENTING;  A-84068)

4)             Manager application of David B. Miller for Lead
               Dog Entertainment, Inc. dba Coyote Willy's at 2137
               Cornhusker Highway, Suite A. (ADOPTED FOR 
               APPROVAL, 4-3; COOK, ESCHLIMAN, MCROY DISSENTING; 
               A-84069)

5)             Manager application for Troy Flannigan for
               O'Fourteen, Inc. dba Woody's Pub at 101 N. 14th
               Street, Suite 6. (ADOPTED FOR APPROVAL, 7-0; 
               A-84070)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)(ITEM 6 
HAD 2ND READING)

6)   06-179    Approving an agreement between the City and Clyde
               Malone Community Center for the lease of space by
               the Lincoln Area Agency on Aging for its ActivAge
               Center program at 2032 U Street for a period of
               September 1, 2006 through August 31, 2007.
               Fact Sheet (57K)
               Attachment (64K)


PUBLIC HEARING - RESOLUTIONS

7)   06R-194   Approving appropriations in the amount of
               $41,650.00 from the operation of Keno lottery
               funds for various human services. (AMENDED, 6-1; 
               ESCHLIMAN DISSENTING; ADOPTED AS AMENDED, 6-1; 
               ESCHLIMAN DISSENTING; A-84071)
               Attachment (91K)

8)   06R-195   Approving an Agreement between the City and the
               Nebraska Dept. of Roads so that federal and state
               funding may be used for the construction and
               construction engineering of the Safety Improvement
               Project at the intersection of S. 56th Street and
               Elkcrest Drive. (ADOPTED, 7-0; A-84072)
               Fact Sheet (61K)
               Attachment (1253K)


PUBLIC HEARING
ORDINANCES - 3RD READING

9)   06-137    Amending Title 5 of the Lincoln Municipal Code
     06-137S    relating to Licenses and Regulations by amending
               or repealing sections within Chapter 5.41,
               Salvaging, Recycling and Composting Operations, to
               delete provisions relating to salvaging operations
               and to make Chapter 5.41 apply only to recycling
               and composting operations; adding a new Chapter
               5.43 entitled Salvage Dealers and Salvage
               Collectors to establish and relocate provisions
               dealing with salvaging operations previously found
               in Chapter 5.41. (8/14/06 - P.H. & Action
               con't. to 9/11/06) (9/11/06 - P.H. & Action
               con't. to 10/9/06) (Request to con't. P.H. &
               Action to 10/16/06) (P.H. & ACTION CON'T. 
               TO 10/16/06, 7-0)
               Fact Sheet (8K)


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

                    - CONSENT AGENDA -


PETITIONS & COMMUNICATIONS

10)            Report from City Treasurer of Telecommunications
               Occupation Tax for 3rd and 4th quarters of 
               2005 & 1st quarter 2006: Digizip; June 2006: 
               NNSI; July 2006: Quantum, Earthlin, XO, OnStar,
               Covista, Primus, Teleplus, Business Prod., CIMCO, 
               KDDI, Airlink, IBM Global, USCOC, NE, Intellical, 
               Andiana, UCN, Verizon, Telecorp, ACN, Bell-Atlantic, 
               TracFone Wireless,VoiceCom, ATI, McLead USA, Qwest, 
               Trans National, Broadband, Global Crossing, TRI-M,
               Broadwing, Vigin Mobile, Working Assets, Cincinatti, 
               Bell, Norstran, New Cingular, NE Tech., Alltel,
               WWC dba Allel, AT&T, Cricket,Windstream NE, 
               Windstream Midwest; August: ATS Mobile, NOSVA, 
               Acceris, SBC, BT Americas, Nextel West, Lightyear, 
               Globalcom, 360Networks, Affinity, Acceris, GTC, 
               NOS, LDMI, Zone, Windstream Midwest, Windstream NE, 
               Sprint, MCI Worldcom, TWC, Sprint Spectrum, D&D, NPCR.
               (PLACED ON FILE)

11)            Report from City Treasurer of Franchise tax for
               the Month ending August, 2006 from Aquila. 
               (PLACED ON FILE)


12)       MISCELLANEOUS REFERRALS - NONE

REPORTS OF CITY OFFICERS

13)            Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for September, 2006.
               (PLACED ON FILE)

14)            Report of City Treasurer of Monthly Cash Report
               for August, 2006. (PLACED ON FILE)

15)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by Council on September 25,
               2006. (PLACED ON FILE)


                    - END CONSENT AGENDA -

                   -   END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)(ITEMS 16 
THRU 20 HAD 1ST  READING)

16)  06-180    Change of Zone 06061 - Application of Kappa House
               Corporation of Delta Delta Delta Sorority to
               designate the Delta Delta Delta Sorority House at
               1601 R Street as a historic landmark.
               Fact Sheet (808K)

17)  06-181    Amending Chapter 8.12 of the Lincoln Municipal
               Code entitled Child Care Facilities to update the
               provisions specifically governing the operation of
               small family child care homes including requiring
               training in first aid/CPR, disease prevention and
               injury  prevention; prohibiting smoking in the
               home at all times; modifying record review permit
               denials; adopting new operational regulations;
               clarifying enforcement provisions; and clarifying
               enforcement provisions to assure due process.
               Fact Sheet (72K)

18)  06-182    Amending Chapter 8.14 of the Lincoln Municipal
               Code entitled Early Childhood Programs to update
               the provisions of the chapter to require training
               in injury and disease prevention and safe food
               handling, create permit fees, adopt new
               operational regulations, and clarify enforcement
               provisions to assure due process.
               Fact Sheet (75K)

19)  06R-198   Updating and amending the Rules and Regulations
               for the Care of Children and the Operation of
               Small Family child Care Homes adopted pursuant to
               Lincoln Municipal Code 8.12 to address issues
               which pose health and safety risks to young
               children in home based child care. (Action
               Date: 10/23/06)
               Fact Sheet (77K)
               Attachment (25K)

20)  06-183    Approving an Agreement between the City and the
               Panama Presbyterian Church for the lease of space
               by the Lincoln Area Agency on Aging for its
               ActivAge Center program at 2nd and Pine Streets,
               Panama, Nebraska for a period of September 1, 2006
               through August 31, 2007.
               Fact Sheet (57K)
               Attachment (65K)


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

21)  06R-143   Comp. Plan Amendment 06004 - Amending the 
               2025 Lincoln-Lancaster County Comprehensive Plan, 
               North 48th Street/University Place Plan to 
               show a redevelopment project southwest of 
               51st and Garland Streets. (Related Items
               06R-143, 06-123, 06-171) (Action Date:
               10/9/06) (ADOPTED, 7-0; A-84073)
               Fact Sheet (309K)

22)  06-123    Change of Zone 06035 - Application of the Director
               of Parks & Recreation for a change of zone from P
               Public Use District to O-2 Suburban Office
               District on property generally located southwest
               of 51st and Garland Streets. (Related Items
               06R-143, 06-123, 06-171) (PASSED, 7-0; #18821)
               Fact Sheet (450K)

23)  06-171    Approving a Ground Lease between the City and the
               Lincoln/Lancaster County Child Advocacy Center for
               the property located at lots 1 through 12, Block
               128, University Place, for the construction of a
               facility to provide a safe, child-friendly
               environment for interviews and medical exams of
               child victims for an initial 30-year term.
               (Related Items 06R-143, 06-123, 06-171)
               (PASSED, 7-0; #18822)
               Fact Sheet (51K)
               Attachment (656K)

24)  06-172    Approving an agreement between the City and
               American Legion Post #280 for the lease of space
               by the Lincoln Area Agency on Aging for its
               ActivAge Center program at 970 Monroe, Bennet, NE
               for a period of September 1, 2006 through August
               31, 2007. (PASSED, 7-0; #18823)
               Fact Sheet (57K)
               Attachment (64K)

25)  06-178    Approving an agreement between the City and First
               United Methodist Church/Waverly for the lease of
               space by the Lincoln Area Agency on Aging for its
               ActivAge Center program at 14410 Folkestone
               Street, Waverly, NE for a period of September 1,
               2006 through August 31, 2007. (PASSED, 7-0; #18824)
               Fact Sheet (54K)
               Attachment (61K)

26)  06-173    Change of Zone 06057 - Application of Restaurants
               Space 1997A, Inc. and DeeJays Corporation for a
               change of zone from B-1 Local Business District to
               B-2 Planned Neighborhood Business District on
               property generally located northeast of the
               intersection of South 48th Street and Van Dorn
               Street. (Related Items: 06-173, 06R-191) 
               (PASSED, 7-0; #18825)
               Fact Sheet (174K)

27)  06R-191   Pre-Existing Use Permit 8F - Application of
               Restaurants Space 1997A, Inc. and DeeJays
               Corporation, to expand the pre-existing use
               permit, including requests to adjust the parking
               from one space per 100 square feet of floor are to
               one space per 150 square feet of floor area and to
               adjust the front yard setback from 20 feet to 6
               feet for parking, on property generally located
               northeast of the intersection of Van Dorn Street
               and South 48th Street. (Related Items: 06-173,
               06R-191) (Action Date: 10/9/06) (ADOPTED, 7-0; A-84074)
               Fact Sheet (330K)

28)  06-174    Change of Zone 06056 - Amending Section 27.67.020
               of the Lincoln Municipal Code, Parking Matrix, to
               change the off-street parking requirement in the
               H-2 Highway Business and H-3 Highway Commercial
               zoning districts from one parking space per 200
               square feet of floor area to one parking space per
               300 square feet of floor area. (PASSED, 7-0; #18826)
               Fact Sheet (37K)

29)  06-175    Change of Zone 06054 - Amending Sections
               27.13.080, 27.15.080, 27.17.080, 27.19.080,
               27.21.080, 27.23.080 and 27.24.080 of the Lincoln
               Municipal Code relating to the R-1, R-2, R-3, R-4,
               R-5, R-6, R-7, and R-8 zoning districts to provide
               provisions regarding the use of vacant and
               occupied lots which have less area or width or
               both less area and width than required by said
               district regulations; amending Section 27.61.090
               to limit the number of dwelling units in a
               nonstandard multiple dwelling which is enlarged,
               extended or reconstructed, and amending the
               statement of intent in Chapters 27.21, 27.23, and
               27.24 to delete boarding and lodging houses which
               are no longer permitted uses in those districts.
               (PASSED, 7-0; #18827)
               Fact Sheet (26K)

30)  06-177    Change of Zone 06045 - Application of the
               Witherbee Neighborhood Association for a change of
               zone from R-4 Residential to R-2 Residential on
               approximately 48 blocks generally between 33rd and
               48th Streets from O Street to Randolph Street,
               from B-1 Local Business to R-2 Residential at 48th
               and Randolph Streets, and from O-2 Suburban Office
               to R-2 Residential for Calvary Cemetery at 40th
               and O Street. (PASSED, 7-0; #18828)
               Fact Sheet (2483K)

31)  06-176    Change of Zone 06052 - Amending Section 27.65.020
               of the Lincoln Municipal Code to adjust the
               minimum coverage area and bonus for an
               Agricultural District Community Unit Plan,
               utilizing a community wastewater system in the
               Build-Through area. (ACTION DELAYED FOR 
               1 WEEK TO 10/16/06, 7-0)
               Fact Sheet (145K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST - (EXTENDED ONE WEEK)

32)  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)

33)  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 Street and Havelock Ave.
               (Related Items: 05R-301, 05R-302)(12/19/05 -
               Placed on Pending Indefinitely)
               Fact Sheet (676K)

34)  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 Street and Havelock 
               Avenue as commercial. (Related Items:
               05R-301, 05R-302) (12/19/05 - Placed on Pending 
               Indefinitely)

35)  05-188    Change of Zone 3413 - Application of Landon's
               Neighborhood Association for a change of zone from
               R-4 Residential to R-2 Residential on property
               generally located at North 24th and Superior
               Streets. (12/19/05 - Placed on Pending
               Indefinitely)
               Fact Sheet (1465K)

36)  06-16     Repealing Chapter 14.44 of the Lincoln
               Municipal Code relating to Obstructions on
               Corner Lots as the requirements set forth in
               Chapter 14.44 would be more appropriately
               addressed in the City of Lincoln Design
               Standards.(2/27/06 - Placed on Pending for
               8 wks to 4/24/06 (Action only) ) (4/17/06 -
               Moved to Pending List, No Date Certain) 
               Fact Sheet (14K)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON  MONDAY, OCTOBER 16, 2006 AT 1:30 P.M.:
                                                  (APPROVED, 7-0)

37)  06R-196   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of September 16 -
               30, 2006.
               Fact Sheet (13K)
               Attachment (19K)

38)  06R-197   Assessing Nuisance Abatement costs associated with
               the clearing of public nuisances by the Health
               Department to the following benefitted properties: 
               4642 Bancroft, 6145 S. 28th, 2741 N. Cotner, 230
               Redwood, 5845 Leighton, 2040 S. 18th, 307 E, 2803
               Holdrege, 1600 N. 70th, 1341 N. 22nd, 4642
               Bancroft, 5935 Tangeman, Outlot A Stettinger
               Addition, 353 N. 56th, 2001 S. 18th, 901 N. 23rd,
               6540 Platte, 2102 N. 31st, 659 S. 19th, 901 N.
               23rd, 2910 Orchard, and 1444 Peach.
               Fact Sheet (77K)
               Attachment (106K)

39)  06R-199   Appointing Tamara Wellmann to the StarTran
               Advisory Board for a three-year term expiring
               October 20, 2009.
               Attachment (27K)


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 BY 10:00 A.M. ON THE
     WEDNESDAY (10/4/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL
     MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 10/9/06.


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 OCTOBER ARE THE 9th AND 30th.


ADJOURNMENT  3:43 P.M.



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