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Formal Agenda
 

       ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, DECEMBER 4, 2006 AT 1:30 P.M.

     There will be No City Council Meetings the Weeks of
 	    December 25th, 2006 and January 1, 2007


                    ALL MEMBERS PRESENT


PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Manager application of Holly Loos for Holiday Inn,
               Downtown at 141 North 9th Street. (ADOPTED FOR 
               APPROVAL, 7-0; A-84128)

2)             Manager application of Randy Jay Mutchie for
               Wilderness Ridge, LLC dba Wilderness Ridge Golf
               Course at 1800 Wilderness Woods Place. (ADOPTED
               FOR APPROVAL, 7-0; A-84129)

3)             Manager application of Maxwell Uzoma Emerole for
               U-Stop Convenience Shop at 1421 Centerpark Road.
               (ADOPTED FOR APPROVAL, 7-0; A-84130)

4)             Manager application of Jami Lynn Wallace for 
               U-Stop Convenience Shop at 8231 O Street.(ADOPTED 
               FOR APPROVAL, 7-0; A-84131)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 5 & 6 HAD 2ND READING)

5)   06-205    Authorizing the execution and delivery of a
               (1) Trust Indenture, (2) a Lease Agreement,
               (3) a Deed of Trust, Construction Security
               Agreement and Assignment of Rents and Leases,
               and (4) a Tax Compliance Agreement in
               connection with the issuance of $3,500,000
               aggregate principal amount of the City's
               Industrial Development Revenue Bond (Nebraska
               School Activities Association Project) Series 2006.

6)   06-204    Change of Zone 06063 - Application of North 47
               Group, LLC for a change of zone from AG
               Agricultural to R-3 Residential and B-2 Planned
               Neighborhood Business on property generally
               located at N. 84th Street and Adams Street; 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 74 residential dwelling units and
               140,000 square feet of commercial floor area.
               Fact Sheet (3105K)


PUBLIC HEARING - RESOLUTIONS

7)   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. (11/20/06 - P.H.
               con't. w/Action to 12/4/06)
               (ADOPTED, 7-0; A-84132)
               Fact Sheet (61K)
               Attachment (328K)

8)   06R-224   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of 
               November 1 - 15, 2006.(ADOPTED, 7-0; A-84133)
               Fact Sheet (13K)
               Attachment (19K)

9)   06R-225   Application of R Street Lofts, LLC, to use the
               public right-of-way for construction of courtyards
               and canopied entryways at the southeast corner of
               7th and R Streets.(ADOPTED, 7-0; A-84134)
               Fact Sheet (57K)
               Attachment (135K)

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

                    - CONSENT AGENDA -


PETITIONS & COMMUNICATIONS

10)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
               DEPARTMENT:
               Change of Zone 06078 - App. of Enterprise
               Company, Inc. from R-4 to   B-1 on property
               located at N. 46th Street and Q Street.
               Change of Zone 06079 - App. of Civil Design
               Group, Inc. to amend Chapters 27.65.020 and
               27.65.075 of the Lincoln Municipal Code, Community
               Unit Plan with Build Through, to adjust the
               Acreage Component coverage area and to adjust the
               size when a conversion plan (ghost plat) is
               required.
               Special Permit 1989A - App. of Sid Dillon,
               Inc. for an amendment to revise the lighting plan
               on property located at S. 27th Street and Kendra
               Lane.
               Special Permit 06065 - App. of Alltel
               Communications of Nebraska, Inc. for an
               approximately 118 foot tall wireless facility on
               property located at S. 3rd Street and Garfield.

11)            Setting the Hearing Date of Monday, December 18,
               2006 at 1:30 p.m. for the Application of Roboco,
               Inc. dba Wasabi! for a change of location from 239
               N. 14th Street to 114 S. 14th St., building approx. 
               46 feet by 42 feet including entire basement.  
               (ADOPTED, 7-0; A-84135)

12)            Setting the Hearing Date of Monday, December 18,
               2006 at 1:30 p.m. for the Application of JTK, LLC
               dba JTK for a Class I liquor license located at
               201 N. 7th Street.(ADOPTED, 7-0; A-84136)

13)            Setting the Hearing Date of Monday, December 18,
               2006 at 1:30 p.m. for the Application of BNW Corp.
               dba South Street Liquor for a Class C liquor
               license located at 1000 South Street.(ADOPTED, 
               7-0; A-84137)

14)            Setting the Hearing Date of Monday, December 18,
               2006 at 1:30 p.m. for the Application of Nebraska
               Dining Holding, LLC dba Noodles & Company 7103 for
               a Class I liquor license located at 210 N.
               14th Street.(ADOPTED, 7-0; A-84138)


15)       MISCELLANEOUS REFERRALS


REPORTS OF CITY OFFICERS

16)            City Clerk's letter and Mayor's approval of
               Ordinances & Resolutions passed by Council on
               November 20, 2006. (PLACED ON FILE)

17)            Setting the Hearing Date of Monday, December 18,
               2006, at 1:30 p.m. for the Assessment of Weed
               Removal Costs incurred for the Period of January 1
               through December 31, 2006. (By Motion)            
               (APPROVED 7-0)
               
18)            Assessment Resolution for Public Works' Board of
               Equalization on Sidewalk District No. 94 to be
               held on Monday, December 11, 2006, at 10:00 a.m.  
               (APPROVED, 7-0)

19)            Affidavit of Mailing for Public Works' Board of
               Equalization on Sidewalk District No. 94 to be
               held on Monday, December 11, 2006, at 10:00 a.m.
               (PLACED ON FILE) 

                       - END CONSENT AGENDA -

                       - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
   (ITEMS 20 THRU 22 HAD 1ST READING)

20)  06-206    Annexation 06018 - Amending the Lincoln Corporate
               Limits Map by annexing approximately 4.87 acres of
               property generally located at North 7th Street and
               Fletcher Avenue.
               Fact Sheet (181K)

21)  06-207    Change of Zone 06073 - Application of Ridge
               Development Company for a change of zone from H-3
               Highway Commercial District to I-1 Industrial
               District on property generally located at South
               10th Street and Robbers Cave Road.
               Fact Sheet (131K)

22)  06-208    Change of Zone 06074 - Application of Wilderness
               View Townhomes for a change of zone from R-2
               Residential District to R-4 Residential District
               on property generally located at Warlick Boulevard
               and Creekside Trail.
               Fact Sheet (216K)


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

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)(PASSED,               
               7-0; #18852)
               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)(ADOPTED, 7-0; A-84139)
               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. (PASSED, 7-0; #18853)
               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.(PASSED, 5-2; COOK, NEWMAN DISSENTING; 
               #18854)
               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.(PASSED, 7-0;
               #18855)
               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.     
               (PASSED, 7-0; #18856)
               Fact Sheet (50K)

29)  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)(ACCEPT SUB. ORD. #2, 5-2; ESCHLIMAN, 
               SVOBODA DISSENTING; AMENDMENT #3, 7-0; AMENDMENT #4, 
               7-0; PASSED AS AMENDED, 4-3; CAMP, ESCHLIMAN, 
               SVOBODA DISSENTING; #18857)
               Fact Sheet (113K)


RESOLUTIONS - ACTION ONLY

30)  06R-220   Adoption of the Lincoln Electric System Annual
               Budget for 2007. (Action Date: 12/4/06)(COUNCIL
               ENCOURAGEMENT TO ADD $25,000 FOR ECONOMIC 
               DEVELOPMENT TO BUDGET, 5-2; CAMP, SVOBODA 
               DISSENTING; ADOPTED, 7-0; A-84140)
               Fact Sheet (47K)               


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST (EXTENDED ONE WEEK)

31)  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)

32)  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)

33)  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)
               Fact Sheet (56K)
               Attachment (394K)

34)  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)

35)  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, DECEMBER 11, 2006 AT 1:30 P.M.
   					      (APPROVED, 7-0)

36)  06R-226   Reappointing Larry Anderson to the Community
               Forestry Advisory Board for a three-year term
               expiring August 17, 2009.

37)  06R-227   Appointing Robert Smith to the Community Forestry
               Advisory Board for a three-year term expiring
               August 17, 2009.
               Attachment (23K)

38)  06R-228   Reappointing Ken Svoboda to the District Energy
               Corporation for a two-year term expiring 
               December 31, 2008.

39)  06R-229   Approving the transfer of appropriation in the
               amount of $245,000 in the General Expense fund to
               the Industrial Promotion for funding the amended
               LPED Agreement and authorizing the Mayor to
               approve an addendum to the LPED Agreement.
               Fact Sheet (58K)

40)  06R-230   Approving the use of public right-of-way by Coffee
               Emergency LLC to construct a chimney along the
               north side of the building at 2723 N. 48th Street.
               Fact Sheet (58K)
               Attachment (73K)

41)  06R-231   Appeal of Julie Shipman Burns from the Planning
               Commission approval of Special Permit 06062 for
               authority to operate sand, gravel and soil
               excavation on property generally located one-
               quarter mile east of North 56th Street/Highway 77
               between Waverly Road and Mill Road.  
               Fact Sheet (406K)


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 (11/29/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL
     MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 12/4/06. 

     Rick Meyer   Topic: Questions relating to confiscation of 
cats. (REQUESTED AN INVESTIGATION OF THE HUMANE SOCIETY, ANIMAL 
CONTROL, JIM WEVERKA, & DAMON WIMES IN REFERENCE TO CATS TAKEN 
AWAY.)


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 DECEMBER ARE THE 4TH AND 18TH.


ADJOURNMENT 4:34 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.
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 The City Council Agenda and Action Sheet may be accessed on the
 Internet at:
                          lincoln.ne.gov
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