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Formal Agenda
 

          ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
               MONDAY, OCTOBER 16,  2006 AT 1:30 P.M.

           ALL MEMBERS PRESENT (ESCHLIMAN LEFT AT 3:30 P.M.)
                              
PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 1 THRU 5 HAD 2ND READING)

 1)  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)

 2)  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)

 3)  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)

 4)  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)

 5)  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)


PUBLIC HEARING - RESOLUTIONS

 6)  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 -
               31, 2006. (ANDERSEN CLAIM REMOVED TO BE 
               ADMINISTRATIVELY RESOLVED BY LPD; ADOPTED 6-0;       
               A-84075)
               Fact Sheet (13K)
               Attachment (19K)

 7)  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.  (ADOPTED,
               6-0; A-84076)
               Fact Sheet (77K)
               Attachment (106K)

PUBLIC HEARING
ORDINANCES - 3RD READING

 8)  06-137    Amending Title 5 of the Lincoln Municipal Code
               relating to Licenses and
     06-137S   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) (10/9/06 -  P.H. & Action con't. to
               10/16/06) (DELAYED ONE WEEK FOR ACTION ONLY ON 
               10/23/06, 4-2; CAMP, SVOBODA DISSENTING)


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

                    - CONSENT AGENDA -


PETITIONS & COMMUNICATIONS

 9)            Setting the Hearing Date of Monday, October 30,
               2006 at 5:30 p.m. for the Application of B & R
               Stores, Inc. dba Russ's Market #2 for a Class C
               liquor license at 130 N. 66th Street.(ADOPTED 
               6-0; A-84077)

10)            FOLLOWING HAVE BEEN REFERRED TO THE PLANNING 
               DEPARTMENT:
               Change of Zone 06066 - App. of Woods Park
               Neighborhood Assn. for a change from R-4
               Residential to R-2 Residential, R-5 Residential to
               R-4 Residential and from R-6 Residential to R-4
               Residential on all property generally located
               between 26th and 33rd Streets,
               from O Street to A Street.
               Change of Zone 06067 - App. of J. Michael
               Rierden for a change from H-3 Highway Commercial
               to R-3 Residential on property generally located
               at N. 1st Street and Charleston Street.
               Change of Zone 06068 - App. of Jim Hutchinson
               for a change from R-8 Residential to B-4 Lincoln
               Center Business District on property generally
               located at S. 18th Street and M Street.
               Change of Zone 06069 - App of Hidden Valley
               Estates, LLC for a change from AG Agricultural to
               AGR Agricultural Residential on property located
               at S. 112th Street and Pine Lake Road.
               Special Permit 1076A - App. of Big John's
               Billiards for an amendment to expand the area for
               the sale of alcohol for consumption on the premise
               and to allow the sale of alcohol for consumption
               off the premises on property located at 399 Sun
               Valley Boulevard.
               Special Permit 06055 - App. of Sadoff & Rudoy
               Industries of Nebraska, Inc. for a salvage
               operation on property located at 5020 NW
               39th Street.
               Special Permit 06061 - App. of Hidden Valley
               Estates, LLC, Hidden Valley Estates C.U.P., for
               approximately 26 single family lots with requests
               to waive sidewalks, street trees, street lighting,
               landscape screening, block length, the preliminary
               plat and grading of future roads on property
               located at S. 112th Street and Pine Lake
               Road.


11)       MISCELLANEOUS REFERRALS - NONE


REPORTS OF CITY OFFICERS

12)            Clerk's Letter and Mayor's Approval of Ordinances
               and Resolutions passed by Council on October 2,
               2006 except Resolution A-84063 vetoed by Mayor. 
               (PLACED ON FILE)

13)            Clerk's Letter and Mayor's Approval of Ordinances
               and Resolutions passed by Council on October 9,
               2006.  (PLACED ON FILE)

14)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               Idle Funds during the month ended August, 2006.
               (ADOPTED, 6-0; A-84078)

15)  06R-199   Appointing Tamara Wellmann to the StarTran
               Advisory Board for a three-year term expiring
               October 20, 2009.(ADOPTED, 6-0; A-84079)
               Attachment (27K)

16)            Setting a Hearing Date of Monday, November 6, 2006
               at 1:30 P.M. for the Board of Equalization for the
               Downtown Business Improvement District, Downtown
               Maintenance District and Core Business Improvement
               District Overlay.(APPROVED, 6-0)

17)            Mayor's Veto Message on Resolution No. A-84063 -
               Approving a Consent Decree between Developmental
               Services of Nebraska and the City of Lincoln to
               resolve a lawsuit in the United States District
               Court in connection with the operation of housing
               developmentally disabled persons. (MOTION TO 
               OVERRIDE MAYOR'S VETO, TIE VOTE, 3-3; COOK, MARVIN, 
               NEWMAN DISSENTING)


                    - END CONSENT AGENDA -

                   -   END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 18 THRU 23 HAD 1ST READING)

18)  06-184    Approving an Agreement between the City and the
               Firth Community Center for the lease of space by
               the Lincoln Area Agency on Aging for its ActivAge
               Center program at 311 Nemaha Street, Firth, NE for
               a period of September 1, 2006 through August 31,
               2007.
               Fact Sheet (43K)
               Attachment (63K)

19)  06-185    Street Name Change No. 06008 - Naming the unnamed
               street entering East Campus as "Dairy Store Drive"
               located north off of Holdrege Street between 37th
               and 38th Streets.
               Fact Sheet (278K)

20)  06-186    Street Name Change No. 06007 - Renaming "Salt
               Creek Road" as "Ox Bow Road" and "Enterprise
               Circle" as "Ox Bow Court" in Landmark Corporate
               Center preliminary and final plats generally
               located at N. 33rd Street and Folkways Boulevard.
               Fact Sheet (422K)

21)  06-187    Annexation No. 06014 - Amending the Lincoln
               Corporate Limits Map by annexing approximately
               4.67 acres of property generally located at North
               14th Street and Pennsylvania Avenue. (Related
               Items: 06-187, 06-188, 06R-204)
               Fact Sheet (192K)

22)  06-188    Change of Zone No. 06053 - Application of Hartland
               Homes, Inc. for a change of zone from AG
               Agricultural District to R-3 Residential District
               on property generally located at North 14th Street
               and Pennsylvania Avenue. (Related Items: 06-
               187, 06-188, 06R-204)
               Fact Sheet (262K)

23)  06R-204   Appeal of Hartland Homes Inc. from the conditions
               of the Planning Commission approval of Special
               Permit 5015A, for the development of Hartland's
               Garden Valley Community Unit Plan on property
               generally located northwest of N. 14th Street and
               Pennsylvania Avenue. (Related Items: 06-187,
               06-188, 06R-204) (Action Date:
               10/30/06)
               Fact Sheet (1251K)


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

24)  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. (10/9/06 - Action Delayed 1
               wk to 10/16/06)(ACCEPTED SUBSTITUTE ORDINANCE, 6-0; 
               AMENDED SUBSTITUTE ORDINANCE, 6-0; #18829)
               Fact Sheet (145K)

25)  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. 
               (PASSED, 6-0; #18830)
               Fact Sheet (57K)
               Attachment (64K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST  (EXTENDED ONE WEEK)

26)  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)

27)  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)

28)  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)

29)  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)

30)  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 23,  2006 AT 1:30 P.M.:
                                          (APPROVED, 6-0)

31)   06R-200  Appointing Bob FitzSimmons and Steve
               Wilborn to the Lincoln-Lancaster Women's
               Commission to fill unexpired two-year
               terms expiring January 1, 2008.
               Attachment (119K)

32)  06R-201   Directing the Personnel and Law Departments to
               draft an early retirement program in accordance
               with the Age Discrimination in Employment Act and
               the Older Worker's Benefit Protection Act.

33)  06R-202   Approving a Real Estate Sales Agreement between
               the Public Building Commission and Mattice Family
               Revokable Trust for the acquisition of property
               generally located at 819 H Street.
               Attachment (109K)

34)  06R-203   Misc. No. 06013 -  Declaring the Northwest
               Corridors Redevelopment Area as blighted and
               substandard generally along Sun Valley Boulevard
               from West O Street to Cornhusker Highway, along
               Cornhusker Highway from I-180 to N.W. 12th Street,
               along N.W. 12th Street from Cornhusker Highway to
               Highlands Boulevard, Highlands Boulevard from N.W.
               12th Street to N.W. 1st Street, and West Superior
               Street from N.W. 1st Street to I-180.
               Fact Sheet (300K)


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 (10/25/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL
     MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 10/30/06.


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  5:16 P.M.





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      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.
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