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Formal Agenda
 

        ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, JANUARY 8, 2007 AT 1:30 P.M.

                        ALL MEMBERS PRESENT

      THERE WILL BE NO COUNCIL MEETING THE WEEK OF JANUARY 15TH 
               IN OBSERVANCE OF MARTIN LUTHER KING DAY

MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF DECEMBER 2006 WAS
      PRESENTED TO TEAM MEMBERS NATHAN FLOOD AND STEVEN WIESE, 
      POLICE OFFICER INVESTIGATORS FROM THE POLICE DEPARTMENT IN 
      THE CATEGORY OF PRODUCTIVITY - TEAM.


PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)            Application of Ileana Jolly & Kenneth Farley dba
               Flashback for a Class C liquor license at 311 N.
               8th Street, Suite 1.  (ADOPTED FOR APPROVAL, 7-0; 
               A-84168)

 2)            Application of Alley Inc. dba The Alley to expand
               its presently licensed premises by an area
               measuring approximately 44 feet by 25 feet to the
               north and an addition to the beer garden of an "L"
               shaped area measuring approximately 20 40 feet by 41
               feet to the north at 1031 M Street. (ADOPTED FOR 
               APPROVAL, 7-0; A-84169)

 3)            Application of Moran's Liquor Works, LLC dba
               Moran's Liquor Works for a Class D liquor license
               at 3400 A Street. (MOTION FOR DENIAL FAILED, 3-4; 
               CAMP, ESCHLIMAN, SVOBODA ASSENTING; #38-4542; ADOPTED 
               FOR APPROVAL, 4-3; CAMP, ESCHLIMAN SVOBODA DISSENTING; 
               A-84170)

 4)            Manager application of Kirk Bahm for Moran's
               Liquor Works, LLC dba Moran's Liquor Works at 3400
               A Street. (MOTION FOR DENIAL FAILED, 3-4; CAMP, 
               ESCHLIMAN, SVOBODA ASSENTING; #38-4543; ADOPTED FOR 
               APPROVAL, 4-3; CAMP, ESCHLIMAN, SVOBODA DISSENTING; 
               A-84171)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)  (ITEMS 5 
THRU 10 HAD 2ND READING)

 5)  06-211    Approving a two-year lease agreement between the
               City and Frontier Harley Davidson Inc. for six
               police motorcycles.
               Attachment (280K)

 6)  06-212    Change of Zone 04086 - Application of SCMH, LLC
               for a change of zone from AGR Agricultural
               District to R-3 Residential District on property
               generally located at S. 56th Street and Cumberland
               Drive.
               Fact Sheet (267K)

 7)  06-215    Change of Zone 06079 - Amending Section 27.65.075
               of the Lincoln Municipal Code relating to
               Community Unit Plan in the BTA Overlay District to
               revise the requirement for the future development
               plan for the Acreage Development component. 
               Fact Sheet (71K)

 8)  06-213    Change of Zone 06072 - Application of Rezac-
               Pickering-Williams for a change of zone from AG
               Agricultural District to AGR Agricultural
               Residential District on property generally located
               at the southwest corner of S.W. 27th Street and W.
               Denton Road.
               Fact Sheet (534K)

 9)  06-214    Change of Zone 06078 - Application of Enterprise
               Company, Inc. for a change of zone from R-4
               Residential District to B-1 Local business
               District on property generally located at N. 46th
               Street and Q Street.
               Fact Sheet (438K)

10)  06-216    Vacating the Fairway Park Addition plat generally
               located at N. 27th Street and Theresa Street. 
               Fact Sheet (303K)


PUBLIC HEARING - RESOLUTIONS  (SEE ITEM #11)

11)  06R-239   Ordering Joint Paving, Re-paving, Ornamental
               Lighting, Sidewalk, and Street Tree District No. 1
               constructed in North 50th Street between O Street
               to approximately 800 feet north. (12/18/06 -
               Public Hearing & Action con't. to 1/8/07) 
               (WITHDRAWN, 7-0; #38-4544)
               Fact Sheet (56K)

12)  06R-243   Misc. 06017 - Declaring the Van Dorn Redevelopment
               Area as blighted and substandard generally along
               10th Street from Hill Street to south of Calvert
               Street. (ADOPTED, 4-3; CAMP, ESCHLIMAN, SVOBODA 
               DISSENTING; A-84172)
               Fact Sheet (777K)
               Attachment (5370K)


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

                    - CONSENT AGENDA -

PETITIONS & COMMUNICATIONS

13)            Setting the hearing date of Monday, January 22,
               2007 at 1:30 p.m. for the Application of DJ Salia
               Investment Properties, LLC dba DJ's for a Class IK
               Liquor License at 901 Oak Street. 
               (ADOPTED, 7-0; A-84173)

14)            Setting the hearing date of Monday, January 22,
               2007 at 1:30 p.m. for the Application of Kwik
               Shop, Inc. dba Kwik Shop #642 for a Class D at
               3939 A Street. (ADOPTED, 7-0; A-84174)

15)            Setting the hearing date of Monday, January 22,
               2007 at 1:30 p.m. for the Application of Kwik
               Shop, Inc. dba Kwik Shop #681 for a Class D at
               4400 O Street. (ADOPTED, 7-0; A-84175)

16)            Setting the hearing date of Monday, January 22,
               2007 at 1:30 p.m. for the Application of Kwik
               Shop, Inc. dba Kwik Shop #641 for a Class D at
               2811 N. 48th Street. (ADOPTED, 7-0; A-84176)

17)            Setting the hearing date of Monday, January 22,
               2007 at 1:30 p.m. for the Application of Nebraska
               Dining Holding, LLC dba Noodles & Company #7102
               for a Class I Liquor License at 2801 Pine Lake
               Road. (ADOPTED, 7-0; A-84177)

18)            Setting the hearing date of Monday, January 29,
               2007 at 5:30 p.m. for the Application of More
               Enterprises, Inc. dba El Chaparro for a Class C
               Liquor License at 1501 Center Park Road, Suite
               200. (ADOPTED, 7-0; A-84178)

19)            Setting the hearing date of Monday, January 29,
               2007 at 5:30 p.m. for the Application of Preciado
               Bros., Inc. dba El Rancho Authentic Mexican
               Restaurant for a Class I Liquor License 
               at 2700 O Street. (ADOPTED, 7-0; A-84179)

20)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPARTMENT:
               Change of Zone No. 06082 - App. of E-S-P,
               Inc. requesting a change of zone from AGR
               Agricultural District to R-3 Residential District
               on property generally located at SW 40th
               Street and West A Street.
               Special Permit No. 06070 - App. of E-S-P,
               Inc., Apple Hill Community Unit Plan, for approx.
               11 dwelling units with requests to adjust yard
               setbacks on property generally located at S.
               48th Street and Apple Hill Lane.
               Change of Zone No. 06083 - App. of Steven
               L. & Kim R. Harms and Charles M. Jr. & Marylinn I.
               Jetton requesting a change from AG Agricultural
               District to I-1 Industrial District on property
               generally located at N. 84th Street and
               Highway 6.
               Change of Zone No. 06084 - App. of the
               Director of Planning for a proposed text amendment
               to Title 27 of the Lincoln Municipal Code to
               create a special permit for kennels to be allowed
               in the H-4 and I-1 Zoning Districts.


21)       MISCELLANEOUS REFERRALS

               Report from City Treasurer of Telecommunication Occupation
               Tax for the month of October, 2006: TWC Info Services of NE, 
               USCOC of Greater Iowa, Inc., AT&T Comm. of Midwest, 
               New Cingular Wireless PCS, Cricket Communications, Inc., 
               Nebr. Technology & Telecomm., Inc., Working Assets Funding 
               Service, Inc., McLeod USA, Tele. Systems Corp of Maryland, 
               Telecorp Comm., LLC, Virgin Mobile USA, VoiceCom, Quantum 
               Shift Comm., Guaranteed Phone Service, Norstan Network 
               Services, Inc., CIMCO Comm., Teleplus Wireless Corp, Network 
               Billing Systems, LLC, Business Prod. Solutions, Inc., Global 
               Crossing Bandwidth, Inc., Broadband Dynamics, OnStar Corp, 
               USCOC of Nebraska/Kansas, LLC, Verizon-Bell Atlantic, Verizon 
               Select Services, OnStar Corp, Primus Telecomm., Qwest Comm., 
               UCN, Inc., Global Crossing Telecomm., TransNational Comm., 
               BKNB, Broadwing Comm., Cincinnati Bell, Tracfone Wireless, 
               KDDI America, Andiamo Telecom, Intellicall Operator Services, 
               Earthlink, Advanced Tel, Inc., XO Communications Services, 
               IBM Global Services; November 2006: Nextel, Alltel, WWC License, 
               LLC, D&D Comm., Sprint Spectrum, Sprint Comm. Co. LP, Windstream 
               Systems of the Midwest, Windstream Nebraska, TWC Info Services, 
               MCI WorldCom, Acceris, SBC Long Distance, Norstan Network 
               Services, Inc., BT Americas, Nextel West, Enhanced Comm. Network, 
               Zone Telecom, Tri-M Comm., 360Networks, Lightyear, LDMI, 
               GTC Telecom, Globalcom, Acceris Comm. Corp, Covista, 
               ATS Mobile Telephone.  (PLACED ON FILE)

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

               Lincoln Water & Wastewater System recapitulation of daily 
               cash receipts for the month of December 2006.  
               (PLACED ON FILE)


REPORTS OF CITY OFFICERS

22)  06R-244   Reappointing Gerard R. Finnegan, Jr. to the Police
               & Fire Pension Plan Investment Board for a three-
               year term expiring September 1, 2009.
               (ADOPTED, 7-0; A-84180)

23)  06R-245   Appointing W. Cecil Steward to the Nebraska
               Capitol Environs Commission for a three-year term
               expiring January 9, 2009. (ADOPTED, 7-0; A-84181)
               Attachment (21K)

24)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               Idle Funds for the month ended November 30, 2006.
               (ADOPTED, 7-0; A-84182)

25)            Report from City Treasurer of City Cash on hand at
               the close of business November 30, 2006. 
               (PLACED ON FILE)

26)            Audit Reports of Lincoln Water and Wastewater
               Systems for Fiscal Year Ended August 31, 2006.
               (PLACED ON FILE)

27)            Clerk's Letter & Mayor's Approval of Ordinances &
               Resolutions passed on December 11, 2006. 
               (PLACED ON FILE)

28)            Clerk's Letter & Mayor's Approval of Ordinances &
               Resolutions passed on December 18, 2006. 
               (PLACED ON FILE)


                  - END CONSENT AGENDA -

                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 29 
THRU 34 HAD 1ST READING)

29)  07-1      Approving an Agreement for Tower Space and
               Appurtenances and a Memorandum of Agreement
               between the City and New Cingular Wireless PCS for
               the placement of telecommunications facilities
               upon City property at 5500 W. Superior Street.
               Attachment (1868K)

30)  07-2      Vacation No. 03021 - Vacating a portion of South
               87th Street and re-dedicating it as a private
               roadway generally located between Andermatt Drive
               and Highway 2 at Prairie Lakes Shopping Center.
               Fact Sheet (226K)

31)  07-3      Vacation No. 06008 - Vacating Rudolph Street from
               the east right-of-way of N. 15th Street to the
               west right-of-way of N. 16th Street. (Related
               Items: 07-3, 07R-19)
               Fact Sheet (154K)

32)  07R-19    Approving a Conservation Easement Agreement
               between the Joint Antelope Valley Authority and
               the City of Lincoln over approximately .14 acres
               in Rudolph Street from N. 15th Street to N. 16th
               Street, to preserve the flood storage capacity on
               the property. (Related Items: 07-3, 07R-19)
               (Action Date: 1/29/07) 
               Attachment (527K)

33)  07-4      Change of Zone 06081 - Application of B&J
               Partnership for a change of zone from R-6 and R-7
               Residential District to B-4 Lincoln Center
               Business District on property generally located at
               the northeast corner of South 18th Street and L
               Street.
               Fact Sheet (321K)

34)  07-5      Declaring approximately 25 acres generally located
               west of N.W. 48th Street and south of the future
               West Cuming Street as surplus property.
               Fact Sheet (146K)


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) (SEE 
ITEM #35)

35)  06-209    Approving a transfer of appropriations and cash
               (where appropriate) between projects within
               several funds within the Public Works & Utilities
               Department and to designate street projects for
               Highway Allocation Funds for Fiscal Year 2006 -
               2007.  (MARVIN SPLIT THE QUESTION; 
               PART A - ALL PROJECTS EXCEPT 902269 PASSED, 7-0; #18863. 
               PART B CONTAINING PROJECT 902269 PLACED ON PENDING, 7-0)
               Fact Sheet (56K)

36)  06-210    Street Name Change 06006 - Renaming Capitol
               Parkway West running west from 9th Street to
               Coddington Avenue as "Rosa Parks Way."
               (MOTION TO AMEND FAILED, 2-5; CAMP, ESCHLIMAN 
               ASSENTING; PASSED, 7-0; #18864)
               Fact Sheet (197K)


PENDING LIST - DATE CERTAIN  (SEE ITEM #37)

37)  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.
               (12/11/06 - Public Hearing & Action con't. to
               1/8/07) (Applicant has withdrawn this request)
               (WITHDRAWN, 7-0; #38-4545)
               Fact Sheet (58K)
               Attachment (73K)

38)  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.  (12/11/06
               - Public Hearing & Action con't. to 1/29/07)
               Fact Sheet (406K)


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 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)

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, JANUARY 22, 2007 AT 1:30 P.M.:
                                     (APPROVED 7-0; SEE ITEM #54)

44)  07R-1     Reappointing Sitaram Jaswal and Kevin Horne
               to the Air Pollution Control Advisory Board
               for three-year terms expiring October 1,
               2009.

45)  07R-14    Appointing Jessie Smith to the Veterans Memorial
               Garden Advisory Council for a three-year term
               expiring November 1, 2009.
               Attachment (17K)

46)  07R-15    Reappointing Robert Baldwin, Beech Dale and Roger
               B. Drucker to the Veterans Memorial Garden
               Advisory Council for three-year terms expiring
               November 1, 2009.

47)  07R-16    Reappointing Michelle Zuhlke for a one-year term
               and James Lamphere for a two-year term to the
               Government Access and Information Committee for
               terms expiring January 1, 2008 and January 1,
               2009, respectively.

48)  07R-17    Reappointing Tom Laging to the Nebraska Capitol
               Environs Commission for a three-year term expiring
               January 9, 2010.

49)  07R-2     Approving the transfer of Railroad
               Transportation Safety District funding in its
               2006-07 budget year, for the S.W. 40th
               Street/BNSF Overpass.
               Fact Sheet (56K)
               Attachment (116K)

50)  07R-3     Approving the transfer of Railroad
               Transportation Safety District funding in its
               2006-07 budget year, for the Harris Overpass
               on O Street, 3rd through 9th Streets.
               Fact Sheet (56K)
               Attachment (123K)

51)  07R-4     Approving the transfer of Railroad
               Transportation Safety District funding in its
               2006-07 budget year, for the Antelope Valley
               Project - Phase 1, the "Amended Draft Single
               Package."
               Fact Sheet (58K)
               Attachment (114K)

52)  07R-5     Approving Amendment No. 1 to the Thunderstone
               Redevelopment Agreement between the City and
               Thunderstone LLC for development of a 31,782
               square foot commercial space in the West O
               Street Redevelopment Area generally located
               at N.W. 32nd and West O Streets to provide
               for a grant to Redeveloper to replace the
               loss of eligibility for reimbursement of
               impact fees.
               Attachment (71K)

53)  07R-6     Approving a Lease Agreement between the City-
               County Health Department and Cornhusker
               Center, Enterprise Co., Inc. for the lease of
               space at 2662 Cornhusker Highway for a one-
               year term for the Health Department's Access
               Medicaid Program.
               Fact Sheet (53K)
               Attachment (34K)

54)  07r-9     Approving a two-year contract between the
               Nebraska Department of Health and Human
               Services Finance and Support System and the
               Lincoln-Lancaster County Health Department
               for the Medicaid Access to Care Program.
               (INTRODUCTION DELAYED UNTIL 1/22/07, 7-0)

55)  07R-7     Special Permit No. 06065 - Application of
               Alltel Communications of Nebraska to
               construct a 118 foot tall monopole wireless
               facility capable of accommodating up to three
               carriers in the I-1 Industrial District, on
               property generally located northwest of the
               intersection of S. 3rd Street and Garfield
               Street. 
               Fact Sheet (2213K)

56)  07R-8     Approving an Amended Redevelopment Agreement
               between the City and HyVee, Inc. previously
               adopted by the City Council with Resolution
               No. A-83893 on June 26, 2006, to provide for
               construction of N. 50th Street.
               Fact Sheet (61K)
               Attachment (123K)

57)  07R-10    Application of the University of Nebraska Lincoln
               to use the public right-of-way for the
               construction of a plaza on the west side of
               Andersen Hall located at 200 Centennial Mall.
               Fact Sheet (54K)
               Attachment (972K)

58)  07R-11    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of December 1 -
               31, 2006.
               Fact Sheet (13K)
               Attachment (18K)

59)  07R-13    Approving an Interlocal Agreement between the City
               of Lincoln and Lancaster County for the N.W. 56th
               Street Roadway reconstruction from 600 feet north
               of West Holdrege to West Adams Streets.
               Fact Sheet (55K)
               Attachment (692K)

60)  07R-18    Waiver 06009 - Application of Geico Development to
               waive the Design Standards and Subdivision
               Ordinance requirements for stormwater associated
               with Use Permit No. 04008 on property generally
               located at S.W. 17th Street and West A Street.
               Fact Sheet (5490K)


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 (1/3/07) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS
     1/8/07.

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 JANUARY ARE THE 8TH AND 29TH. 


ADJOURNMENT	4:22 P.M.


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