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Formal Agenda
 

       ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD 
 	           MONDAY, NOVEMBER 13, 2006 AT 1:30 P.M.

         There will be No City Council Meeting the Week 
            of November 27th - Thanksgiving Holiday

                  MAYOR'S AWARD OF EXCELLENCE

               ALL MEMBERS PRESENT EXCEPT CAMP


MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF OCTOBER, 2006 WAS 
ALICIA HETTENBAUGH, COMMUNITY OUTREACH SPECIALIST FROM THE HEALTH 
DEPARTMENT, IN THE CATEGORY OF CUSTOMER RELATIONS.


PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of B&R Stores, Inc. dba Super Saver
               #17 for a Class C liquor license at 2525 Pine Lake
               Road.(ADOPTED FOR APPROVAL, 6-0; A-84106))

2)             Manager application of Nick Kelso for B&R Stores,
               Inc. dba Super Saver #17 at 2525 Pine Lake Road.       
               (ADOPTED FOR APPROVAL, 6-0; A-84107)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 3 THRU 6 HAD 2ND READING; SEE ITEM 3)

 3)   06-195   Creating Special Assessment District No. 1
               for the acquisition of right-of-way,
               grading, paving, re-paving, sidewalks,
               ornamental street lighting, and street
               trees in N. 50th Street bounded by O
               Street on the south to approximately 800
               feet north to the existing roadway and
               assessing the cost thereof against the
               benefitted properties. (Request 
               2nd & 3rd Readings on 11/13/06) (WAIVED 
               RULES TO HAVE 2ND & 3RD READING THIS DATE, 6-0; 
               PASSED, 6-0; #18841)
               Fact Sheet (60K)
               Attachment (15523K)

4)   06-196    Change of Zone 06069 - Application of Hidden
               Valley Estates LLC for a change of zone from AG
               Agricultural District to AGR Agricultural
               Residential District on property generally located
               south of S. 112th Street and Pine Lake Road.
               Fact Sheet (513K)

5)   06-197    Change of Zone 06068 - Application of Michael
               Raasch for a change of zone from R-8 Residential
               District to B-4 Lincoln Center Business District,
               on property generally located at the northwest
               corner of S. 18th Street and M Street.
               Fact Sheet (267K)

6)   06-198    Approving a lease agreement between the City of
               Lincoln, Urban Development Department dba One Stop
               Employment Solutions and Security National
               Properties Funding, LLC for lease of office space
               located at 1010 N Steet, Suite 150 for the time
               period January 1, 2007 through December 31, 2016.
               Attachment (57K)


PUBLIC HEARING - RESOLUTIONS

7)   06R-213   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of October 16 -
               31, 2006. (ADOPTED, 6-0; A-84108)
               Fact Sheet (13K)
               Attachment (20K)

8)   06R-216   Approving the Harvest Project Contract between the
               City's Lincoln Area Agency on Aging and Lancaster
               County on behalf of Community Mental Health Center
               to provide mental health, substance abuse, and
               aging services to elderly residents of Lancaster
               County for a one-year period. (ADOPTED, 6-0; 
               A-84109)
               Fact Sheet (54K)
               Attachment (492K)


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

                       - CONSENT AGENDA -


PETITIONS & COMMUNICATIONS

 9)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING 
               DEPT:
               Change of Zone 04086 - App. of Olsson
               Associates for a change from AGR to R-3 on
               property located at S. 56th Street and Cumberland
               Dr.
               Change of Zone 06062 - App. of the Director
               of Planning to amend Sections 27.27.080,
               27.28.090, 27.31.100, 27.37.070, 27.51.100,
               27.60.040, 27.63.020 and 27.81.040 of the Zoning
               Ordinance to : 1) require the Planning Commission
               to take final action or make a recommendation
               within 4 weeks of their first public hearing and
               authorizing the applicant to appeal to the City
               Council requesting final action;  2) require all
               applications which have been placed on pending by
               the applicant shall automatically expire one year
               thereafter unless the applicant requests the
               application be removed from pending prior to the
               expiration date.
               Change of Zone 06073- App. of Director of
               Planning to change from H-3 to I-1 on property 
               located at S.10th Street and High Street.
               Change of Zone 06074 - App. of Wilderness 
               View Townhomes, LLC to change from R-2 to R-4 on 
               property located at Warlick Boulevard and Creekside 
               Trail.
               Change of Zone 06075 - App. of Engineering
               Design Consultants, Wilderness Commons Planned Unit
               Development for a change from AG to B-2 adn R-5 on
               property located at S. 40th Street and Yankee Hill 
               Road for a Planned Unit Development District
               designation of said property; and for approval
               of a development plan which proposes modifications
               to the zoning ordinance and land subdivision
               ordinance to allow approximately 300 dwelling units
               in the underlying R-5 zoned area and approximately
               600,000 square feet of office/retail floor area in
               the underlying B-2 zoned area.
               Special Permit 531F - App. of Wilderness View
               Townhomes, LLC for an amendment to
               the Wilderness View Townhomes Community Unit Plan
               for 162 townhomes with requests to waive lot
               width, minimum lot area, rear yard setback, and
               sanitary sewer running against street grade on
               property located at Warlick Blvd. and Creekside
               Trail.
               Special Permit 04072 - App. of SCMH,
               LLC, Muller Estates Community Unit Plan, for
               approximately 15 lots with waiver requests to
               allow lot lines non-perpendicular to right-of-way,
               adjust yard setbacks, and to exceed the maximum
               intersection approach grade on property located at
               S. 56th Street and Cumberland
               Dr.

10)            Setting the Hearing Date of Monday, December 4,
               2006 at 1:30 p.m. for the Manager Application of
               Holly Loos for Holiday Inn, Downtown located at
               141 North 9th Street. (ADOPTED, 6-0; A-84110)

11)            Setting the Hearing Date of Monday, December 4,
               2006 at 1:30 p.m. for the Manager Application of
               Randy Jay Mutchie for Wilderness Ridge, LLC dba
               Wilderness Ridge Golf Course located at 1800
               Wilderness Woods Place. (ADOPTED, 6-0; A-84111)

12)            Setting the Hearing Date of Monday, December 4,
               2006 at 1:30 p.m. for the Manager Application of
               Maxwell Uzoma Emerole for Whitehead Oil Company
               dba U-Stop Convenience Shop located at 1421
               Centerpark Rd.(ADOPTED, 6-0; A-84112)

13)            Setting the Hearing Date of Monday, December 4,
               2006 at 1:30 p.m. for the Manager Application of
               Jami Lynn Wallace for Whitehead Oil Company dba
               U-Stop Convenience Shop located at 8231 O Street.
               (ADOPTED, 6-0; A-84113)


14)            MISCELLANEOUS REFERRALS


REPORTS OF CITY OFFICERS

15)            Clerk's Letter and Mayor's Approval of Ordinances
               and Resolutions passed by Council on October 30,
               2006 except Resolution A-84096.(PLACED ON FILE) 

16)            Mayor's Veto Message on Resolution No. A-84096 -
               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. (MOTION TO REQUEST PLANNING 
               DIRECTOR TO ADMINISTRATIVELY APPROVE AS RECOMMENDED 
               BY PLANNING COMMISSION,6-0)

17)            Clerk's Letter and Mayor's Approval of Ordinances
               and Resolutions passed by Council on November 6,
               2006. (PLACED ON FILE)

18)            Lincoln Water & Wastewater System recapitulation
               of daily cash receipts for October 2006. (PLACED 
               ON FILE)

19)            Report from City Treasurer of Franchise Tax from
               Aquila for the month of September 2006. (PLACED 
               ON FILE) 

20)            Report of City Treasurer of Franchise Tax from
               Time Warner Cable for the quarter ending September
               30, 2006. (PLACED ON FILE)

21)            Report from City Treasurer of Telecommunication
               Occupation Tax for the quarter July - September
               2006: T-Mobile Central, NECC, Comtech 21, Trinsic,
               CA Affinity, Digizip.com, Inc., Helio,
               AmeriVision, Comtel Telcom Assets, Matrix, Aliant;
               August 2006: Tri-M, Verizon-Bell Atlantic, Norstan
               Network Services, Guaranteed Phone Service,
               Network Billing Systems, ATI, VoiceCom, TracFone,
               Covista, Qwest, Cincinatti Bell Any Distance,
               Trans Nat'l, McLeod USA, Working Assets, ACN,
               Global Crossing, Broadwing, Virgin Mobile USA,
               USCOC of NE/KS, Telecorp, Primus, Verizon Select,
               UCN, OnStar, Andiamo, Broadband Dynamics, XO,
               Airlink Mobile, IBM Global-NS Div., Quantum Shift,
               KDDI America, Earthlink, Intellicall Operator,
               Global Crossing Bandwidth, Business Prod
               Solutions, CIMCO, Teleplus Wireless, Alltel,
               Alltel Comm. of NE, Nebraska Technology &
               Telecomm., AT&T Comm. of Midwest, USCOC of Greater
               Iowa, New Cingular Wireless, Cricket; September
               2006: Nextel Partners, D&D, Sprint Spectrum, MCI
               WorldCom Network, Sprint, TWC Info Services of
               Nebraska , Windstream Systems of the Midwest,
               Windstream Nebraska, Alltel Comm. of Nebraska,
               Alltel, ATS Mobile Telephone, Shaffer, BT
               Americas, NOSVA Limited Partnership, Nextel West,
               360Networks (USA), SBC Long Distance, Affinity
               Network, Acceris, Acceris Management & Acquistion,
               Tri-M, LDMI, NOS, GTC, Zone, Lightyear Network,
               Globalcom, 800 Response.(PLACED ON FILE)

22)            Assessing special taxes for the costs of the
               improvements in the Downtown Business Improvement
               District, the Core Business Improvement District
               Overlay, and the Downtown Maintenance District.
               (ADOPTED, 6-0; A-84114)
     
                        - END CONSENT AGENDA -

                         -   END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 23 THRU 28 HAD 1ST READING)

23)   06-199   Vacation No. 06003 - Vacating the east 14 feet of 
               1st Street between the north and south lines of R
               Street, vacating R Street between 1st Street and 
               2nd Street, and  vacating the west 25 feet of 2nd
               Street between the south line of the north 14 feet 
               of vacated Q Street and the north line of R Street.
               (Related Items: 06-199, 06R-223)
               Fact Sheet (399K)

24)  06R-223   Approving a Conservation Easement Agreement
               between the City and the Peoples City Mission
               Home, Inc. to accept a permanent conservation
               easement to preserve the flood storage capacity on
               property generally located at 1st and Q Streets.
               (Related Items: 06-199, 06R-223)
               (Action Date: 12/4/06)
               Attachment (236K)

25)  06-200    Change of Zone 06066 - Application of Woods Park
               Neighborhood Association for a change of zone from
               R-4 Residential District to R-2 Residential
               District on property generally located between
               27th and 33rd Streets, from N to A Streets; from
               R-5 Residential District to R-4 Residential
               District on property generally located between
               27th and 31st Streets, from N to O Streets; and
               from R-6 Residential District to R-4 Residential
               District on property generally located from H to N
               Streets on both sides of 27th Street and the east
               side of 26th Street.
               Fact Sheet (1303K)

26)  06-201    Change of Zone 06067 - Application of Outfield
               Park LLC for a change of zone from H-3 Highway
               Commercial District to R-3 Residential District on
               property generally located at West Charleston
               Street and N. 1st Street, and Sun Valley Blvd. and
               Line Drive.
               Fact Sheet (149K)

27)  06-202    Amending Chapter 9.16 of the Lincoln Municipal
               Code relating to Offenses Against Public Decency
               by adding new sections to define marijuana, to
               define paraphernalia, to make it an infraction to
               possess paraphernalia for the purpose of
               manufacturing, inhaling, or ingesting marijuana or
               toxic compounds, and to make it unlawful to
               possess one ounce or less of marijuana and to
               prescribe penalties for violations.
               Fact Sheet (61K)

28)  06-203    Amending Section 1.24.010 of the Lincoln Municipal
               Code relating to general penalties for violations
               of the LMC by adding penalties for infraction
               violations and specifying subsections for
               misdemeanor penalties and infraction penalties.
               Fact Sheet (50K)


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

29)  06-189    Authorizing and providing for the issuance of not
               to exceed $27,000,000 aggregate principal amount
               of general obligation highway allocation bonds of
               the City of Lincoln, Nebraska. ((AMENDED, 6-0;
               PASSED AS AMENDED, 6-0; #18842)

30)  06-190    Approving a one-year Lease Agreement between the
               City and Spirits by Beckman for the lease of space
               by the Lincoln Area Agency on Aging for its
               Lincoln Information For the Elderly (LIFE) Program
               at 708 N. Chestnut, Wahoo, Nebraska. (PASSED, 
               6-0; #18843)
               Fact Sheet (48K)
               Attachment (64K)

31)  06-191    Amending Section 2.76.385 of the Lincoln Municipal
               Code to revise and clarify that funeral leave is
               allowed for employees attending the funeral of a
               fellow employee.(PASSED, 6-0; #18844)
               Fact Sheet (137K)

32)  06-166    Approving a License Agreement between the City and
               New Cingular Wireless PCS for the placement of
               telecommunications facilities upon City property
               at Van Dorn Park generally located at S. 10th and
               Van Dorn Street.(PASSED, 6-0; #18845)
               Fact Sheet (39K)
               Attachment (1962K)

33)  06-167    Approving a License Agreement between the City and
               New Cingular Wireless PCS for the placement of
               telecommunications facilities upon City property
               at Pioneers Park generally located at 3403 West
               Van Dorn Street.(PASSED, 6-0; #18846)
               Fact Sheet (39K)
               Attachment (1877K)

34)  06-194    Approving a License Agreement between the City and
               Verizon Wireless for the placement of
               telecommunications facilities upon City property
               at Holmes Lake Park generally located at 3801 S.
               70th Street.(PASSED, 6-0; #18847)
               Fact Sheet (41K)
               Attachment (818K)

35)  06-192    Vacation No. 06006 - Vacating the east-west alley
               between Q and R Streets from 24th Street to 25th
               Street.(PASSED, 6-0; #18848)
               Fact Sheet (201K)


RESOLUTIONS - ACTION ONLY

 36)           Application of Lead Dog Entertainment, Inc. dba
               The Pit Crew for a Class C liquor license at 3223
               Cornhusker Highway. (11/6/06 - Action Delayed
               1 week to 11/13/06) (ADOPTED FOR APPROVAL, 6-0;
               A-84115) 

 37)           Manager application of David B. Miller for Lead
               Dog Entertainment, Inc. dba The Pit Crew at 3223
               Cornhusker Highway. (11/6/06 - Action Delayed
               1 week to 11/13/06)(ADOPTED FOR APPROVAL, 6-0;
               A-84116)  

     
PENDING LIST - DATE CERTAIN

38)  06-193    Change of Zone 06059 - Amending Chapter 27.69 of
               the Lincoln Municipal Code relating to signs by
               amending Section 27.69.020 to add definitions for
               the terms animation, dissolve, fade, NIT and
               scroll and to revise the definitions of the terms
               changeable copy sign, electric changeable copy
               sign, flashing/blinking/pulsating sign, and
               illuminated sign; amending Section 27.69.030 to 
               provide standards for illumination, to prohibit
               signs which display an animated message or
               simulates animation and to provide regulations for
               electronic changeable copy signs; by amending
               Section 27.69.035 to modify provisions regarding
               administrative permits for off-premises signs, to
               require that any two off-premises electronic
               changeable copy signs be 5,000 feet apart measured
               in all directions, to allow existing off-premises
               signs to be converted to electronic changeable
               copy signs provided the sign is located at least
               150 feet from and does not face a residential
               district, cemetery or park, to allow illumination
               of off-premises signs between midnight and 5:00
               a.m. for government initiated emergency
               information announcements, to revise provisions
               regarding removal of existing nonconforming off-
               premises signs in order to install a new off-
               premises sign; by amending Section 27.69.070 to
               allow on-premises signs in the B-4 District to be
               animated or to simulate animation; by repealing
               Section 27.69.270 relating to public service
               information signs in nonresidential districts; and
               amending Section 27.69.330 to allow LED or similar
               technologies to have exposed illumination.
               (11/6/06 - P.H. con't to 11/20/06 w/Action
               on 12/4/06)
               Fact Sheet (113K)


PENDING LIST  (EXTENDED ONE WEEK)

39)  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)
               Fact Sheet (3K)

40)  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)

41)  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 84thStreet and Havelock Avenue 
               as commercial. (Related Items: 05R-301, 
               05R-302) (12/19/05 - Placed on Pending Indefinitely)
               Fact Sheet (56K)
               Attachment (394K)

42)  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)

43)  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, NOVEMBER 20, 2006 AT 5:30 P.M.:
                                            (APPROVED, 6-0)
	
44)  06R-217   Reappointing Martin Ramirez and Modesta Putla to
               the Mayor's Multicultural Advisory Committee for
               three-year terms expiring September 18, 2009.

45)  06R-218   Reappointing Candice Batton and Gil Trevizo to the
               Citizen Police Advisory Board for three-year terms
               to expire November 17, 2009.

46)  06R-219   Reappointing Gerry Krieser to the Board of Zoning
               Appeals for a five-year term expiring August 24,
               2011.

47)  06R-220   Hearing on the Lincoln Electric System Annual
               Budget for 2007. (ACTION DATE: 12/4/06)
               Fact Sheet (47K)               

48)  06R-221   Reappointing Peter Woolman as a student
               representative to the Parks and Recreation
               Advisory Board for a one-year term expiring
               October 1, 2007.

49)  06R-222   Approving a Cooperative Agreement between the
               Nebraska Department of Environmental Quality
               (NDEQ) and the City of Lincoln regarding State of
               Nebraska grant funding from the Stormwater
               Management Plan Program.
               Fact Sheet (61K)
               Attachment (317K)


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 (11/15/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL
     MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 11/20/06.


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 NOVEMBER ARE THE 6TH AND 20TH.
     
     


ADJOURNMENT  3:09 P.M.


ANNOUNCEMENTS:

    	Public Hearing on the proposed 2030 Lincoln-Lancaster County     
   	Comprehensive Plan and Long Range Transportation Plan will be 
	held on Thursday, November 16th at 7:30 p.m., in the City 
	Council Chambers.

    	Open microphone sessions for December are the 4th and the 
      18th.






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