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Formal Agenda
 

       ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                  MONDAY, MARCH 5, 2007 AT 1:30 P.M.

                       ALL MEMBERS PRESENT

PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of Fu Shun, Inc. dba Imperial Palace
               for a Class I liquor license at 701 N. 27th
               Street. (ADOPTED FOR APPROVAL, 7-0; A-84263)

2)             Manager application of Xiang Guan for Fu Shun,
               Inc. dba Imperial Palace at 701 N. 27th Street.
               (ADOPTED FOR APPROVAL, 7-0; A-84264)

3)             Application of Foodmart II, Inc. dba IGA Market
               Place for a Class D liquor license at 4646 W.
               Huntington Ave. (ADOPTED FOR APPROVAL, 7-0;
               A-84265)

4)             Manager application of Peter Clarke for Foodmart
               II, Inc. dba IGA Market Place at 4646 W.
               Huntington Ave.(ADOPTED FOR APPROVAL, 7-0; 
               A-84266)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 5 THRU 9 HAD 2ND READING)

5)   07-29     Repealing Ordinance No. 18841 creating
               Paving/Re-Paving District No. 01 in North
               50th Street between O and R Streets, due to
               the lack of majority petition.
               Fact Sheet (58K)

6)   07-30     Change of Zone 07004 - Amending Section
               27.69.220 of the Lincoln Municipal Code to
               revise regulations for complex or subdivision
               area identification signs.
               Fact Sheet (18K)

7)   07-31     Change of Zone 07003 - Application of the
               Planning Director for a change of zone from
               AG Agricultural District to H-4 General
               Commercial District on property generally
               located N. 84th Street and Havelock Avenue.
               Fact Sheet (220K)

8)   07-33     Misc. 06012 - Amending Title 26 of the
               Lincoln Municipal Code relating to the Land
               Subdivision Ordinance by amending Section
               26.11.032 to delete the filing deadline
               before a preliminary plat may be scheduled on
               the Planning Commission agenda; and by
               amending Sections 26.11.037, 26.11.060 and
               26.31.010 to provide that all applications
               which have been placed on pending by the
               subdivider shall automatically expire one
               year thereafter unless the subdivider
               requests the application be removed from
               pending prior to the expiration date.
               (Related Items: 07-33, 07-32)
               Fact Sheet (39K)

9)   07-32     Change of Zone 06062 - Amending Title 27 of
               the Lincoln Municipal Code relating to Zoning
               by amending Sections 27.27.080, 27.28.090,
               27.31.100, 27.37.070, and  27.51.100 relating
               to the O-3 Office Park District, R-T
               Residential Transition District, B-2 Planned
               Neighborhood Business District, B-5 Planned
               Regional Business District, I-3 Employment
               Center District, respectively; amending
               Section 27.60.040 relating to Planned Unit
               Developments; amending Section 27.63.020
               relating to Special Permits; amending Section
               27.65.030 relating to Community Unit Plans;
               and amending Section 27.81.040 relating to
               amendments to the Zoning Code; to provide
               that 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. (Related Items: 07-33,
               07-32)
               Fact Sheet (41K)


PUBLIC HEARING - RESOLUTIONS

10)  07R-46    Directing the submission of a proposed general
               obligation bond issue for construction of
               improvements to the City's storm sewer and
               drainage system at the May 1, 2007 City general
               election. (2/26/05 - P.H. & Action con't. 1 wk
               to 3/5/07)(AMENDED, 6-1; NEWMAN DISSENTING; ADOPTED 
               AS AMENDED, 7-0; A-84267)

11)  07R-54    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of February 1 -
               15, 2007. ADOPTED, 7-0; A-84268)
               Fact Sheet (13K)
               Attachment (18K)

12)  07R-55    Directing the Cable Television Advisory Board to
               conduct a performance evaluation of Time Warner
               Cable pursuant to the City's cable television
               franchise agreement.(ADOPTED, 4-3; CAMP,
               ESCHLIMAN, SVOBODA DISSENTING; A-84269)

13)  07R-56    Approving the City's application for grant
               assistance from the Safe Routes to School Program
               to replace "WALK/DON'T WALK" pedestrian signal
               indications with "Countdown" pedestrian
               indications throughout the City at specified
               locations. (ADOPTED, 7-0; A-84270)

14)  07R-57    Directing submittal to the qualified electors of
               the City a proposed Charter amendment amending
               Article IV, Section 12 and Article VII, Section 2
               of the Charter relating to the duties of the Mayor
               and the powers and duties of the purchasing
               division, respectively, to provide contracts up to
               $50,000.00 may be approved by the Mayor and
               contracts greater than $50,000.00 must be formally
               bid, and to replace outdated language. (AMENDED,
               5-2; MCROY, NEWMAN DISSENTING; LOST, 0-7; #38-4551)
               Fact Sheet (24K)


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


                    - CONSENT AGENDA -

PETITIONS & COMMUNICATIONS

15)            Setting the Hearing Date of Monday, March 26,
               2007 at 5:30 p.m. for the Application of
               Lincoln Holdings LTD dba OSO Burrito for a
               Class I liquor license located at 2840 S.
               70th Street. (ADOPTED, 7-0; A-84271)

16)            Setting the Hearing Date of Monday, March 26, 2007
               at 5:30 p.m. for the Application of Star City
               Hockey, LLC Lincoln Stars for a Class I liquor
               license located at 1800 State Fair Park Drive. 
               ADOPTED, 7-0; A-84272)

17)            Setting the Hearing Date of Monday, March 26, 2007
               at 5:30 p.m. for the Application of Metro
               Diversified Inc. dba The Office Gentlemen's Club
               for a Class C liquor license located at 640 W.
               Prospector Court, Suite 2. (ADOPTED, 7-0; 
               A-84273)

18)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING 
               DEPARTMENT:
               Change of Zone 07008 - App. of Olsson
               Associates for a change from I-2 Industrial Park
               Dist. to B-1 Local Business Dist. on property
               located at NW 48th Street and W Adams Street.
               Change of Zone 07009 - App. of Director of
               Planning for a change from P Public Use Dist. to
               R-1 Residential Dist. on property located at
               Sundance Drive and Campfire Circle.
               Change of Zone 07010 - App. of Peter Katt
               for a change from AG Agricultural Dist. to AGR
               Agricultural Residential Dist. on property located
               at 134th Street and A Street.


19)       MISCELLANEOUS REFERRALS


REPORTS OF CITY OFFICERS

20)            Approving the distribution of funds representing
               interest earnings on short-term investments of Idle
               Funds during the month ended January 31, 2007.  
               (ADOPTED, 7-0; A-84274)

21)            The City of Lincoln's Audited Comprehensive Annual
               Financial Report for Fiscal Year ended August 31,
               2006. (PLACED ON FILE)

22)            Report of City Treasurer of investment activity
               for the first quarter, fiscal year 2006-07.
               (ADOPTED, 7-0; A-84275) 
               
23)  07R-50    Reappointing Thomas Saddler and Mary Anne Wells to
               the Urban Design Committee for three-year terms
               expiring February 1, 2010.(ADOPTED, 7-0; A-84276)

24)  07R-51    Reappointing Janice Driesbach, Karen Hand, Robert
               Ripley, and Joe Tidball to the Parks and
               Recreation Advisory Board for three-year terms
               expiring April 27, 2010. (ADOPTED, 7-0; A-84277)

25)  07R-52    Reappointing Russ Bayer to the Emergency Medical
               Services, Inc. Board of Directors for a three-year
               term expiring March 28, 2010.(ADOPTED, 7-0;
               A-84278)

26)  07R-53    Reappointing Christi Chaves to the Emergency
               Medical Services, Inc. Board of Directors for a
               three-year term expiring March 28, 2010.(ADOPTED,
               7-0; A-84279)

                      - END CONSENT AGENDA -

                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)

     NONE


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

27)  07-25     Authorizing the execution and delivery of a
               Lease-Purchase Agreement with Union Bank &
               Trust Company, Lincoln, Nebraska, in an
               amount not to exceed $6,000,000 for the
               acquisition by the City of street lighting
               equipment. (2/26/07 - Action delayed 1 wk.
               to 3/5/07)(PASSED,7-0; #18891)

28)  07-27     Authorizing and providing for the issuance of
               a North 56th Street and Arbor Road Redevelopment 
               Plan Sub-Project Area A Tax Allocation Bond, Series 
               2007 in a total principal amount not to exceed 
               $975,000.(PASSED, 7-0; #18892)

29)  07R-45    Approving the Salt Creek 100-year Floodprone Areas
               and revised Floodway as the best available
               information for local flood regulation purposes.
               (Related Items: 07R-45, 07-26) (Action Date:
               3/5/07)(ADOPTED, 7-0; A-84280)
               Fact Sheet (114K)
               Attachment (404K)

30)  07-26     Change of Zone 07001 - Amending Chapter 27.52
               of the Lincoln Municipal Code relating to
               Flood Regulations for Existing Urban Area by
               amending Section 27.52.020 to add definitions
               for 100-Year Flood Elevation, Development
               Area, Fill, Flood Storage Area or Salt Creek
               Flood Storage Area, Percentage of Allowable
               Fill, and Single-Family Residential Building,
               and by adding a new Section 27.52.035 to
               adopt standards for development within the
               Salt Creek Flood Storage Areas. (Related
               Items: 07R-45, 07-26)(PASSED, 7-0; #18893)
               Fact Sheet (1590K)


PENDING LIST - DATE CERTAIN

31)  07R-36    Special Permit No. 1989A - Application of Sid
               Dillon Automobile Dealership to modify the Design
               Standards for parking lots to allow 20 foot candle
               lighting levels in the display areas on property
               generally located at S. 27th Street and Kendra
               Lane.  (2/12/07 - Placed on Pending for P.H. &
               Action 5/7/07)
               Fact Sheet (1005K)


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)
               Fact Sheet (3K)

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)
               Fact Sheet (676K)
               Attachment (394K)

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)  06-209    Approving a transfer of appropriations and cash
     Part B    (where appropriate) Part B 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. (1/8/07 - Project #902269,  placed on
               pending, no date certain; all other projects
               approved)
               Fact Sheet (14K)

37)  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.
               (Request to place on Pending) (1/22/07 -
               Placed on Pending)
               Fact Sheet (5490K)

38)  07R-25    Approving the Agreement regarding the annexation
               of Firethorn between Firethorn Investment,
               Firethorn Golf Company LLC, Firethorn Utility
               Service Co., and the City of Lincoln, relating to
               the annexation of approximately 303.66 acres of
               property generally located northeast of the
               intersection of S. 84th Street and Pioneers Blvd.
               (Related Items: 07R-25, 07-11, 07-12, 07-13,
               07R-20) (Action Date: 2/5/07) (1/22/07 - Placed on
               Pending to Introduce: 2/5/07; P.H. 2/12/07; Action
               Date: 2/26/07) (1/29/07 - Placed on Pending, No
               Date Certain)
               Attachment (40K)

39)  07-11     Annexation 06020 - Amending the Lincoln Corporate
               Limits Map by annexing approximately 303.66 acres of 
               property generally located northeast of the
               intersection of S. 84th Street and Pioneers
               Blvd. (Related Items: 07R-25, 07-11, 07-12,
               07-13, 07R-20) (1/22/07 - Placed on Pending to 
               Introduce: 2/5/07; P.H. 2/12/07; Action Date: 
               2/26/07) (1/22/07 - Placed on Pending to Introduce: 
               2/5/07; P.H. 2/12/07; Action Date: 2/26/07) (1/29/07 
               - Placed on Pending, No Date Certain)
               Fact Sheet (1007K)

40)  07-12     Change of Zone 06077 - Application of Firethorn 
               Investment for a change of zone from AGR 
	       Agricultural Residential District to R-1 Residential 
               District on property generally located northeast of 
               the intersection of S. 84th Street and Pioneers
               Blvd. (Related Items: 07R-25, 07-11, 07-12,
               12, 07-13, 07R-20) (1/22/07 - Placed on Pending to 
               Introduce: 2/5/07; P.H. 2/12/07; Action Date: 
               2/26/07) (1/22/07 - Placed on Pending to Introduce: 
               2/5/07; P.H. 2/12/07; Action Date: 2/26/07) (1/29/07 
               - Placed on Pending, No Date Certain)
               Fact Sheet (652K)

41)  07-13     Street Name Change 06010 - Renaming Montello
               Road generally located between S. 84th Street
               and S. 91st Street as Firethorn Lane.
               (Related Items: 07R-25, 07-11, 07-12, 07-13,
               07R-20) (1/22/07 - Placed on Pending to Introduce: 
               2/5/07; P.H. 2/12/07; Action Date: 2/26/07) (1/29/07 
               - Placed on Pending, No Date Certain)
               Fact Sheet (222K)

42)  07R-20    Special Permit 872F - Application of Firethorn
               Investment to expand the boundaries of the
               Firethorn Community Unit Plan to add 95 single
               family lots and to allow up to 545 dwelling units
               on property generally located northeast of the
               intersection of S. 84th Street and Pioneers Blvd.
               (Related Items: 07R-25, 07-11, 07-12, 07-13,
               07R-20) (Action Date: 2/5/07) (1/22/07 - Placed on
               Pending to Introduce: 2/5/07; P.H. 2/12/07; Action
               Date: 2/26/07) (1/29/07 - Placed on Pending, No
               Date Certain)
               Fact Sheet (1235K)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, MARCH 12, 2007 AT 1:30 P.M.:
					    (APPROVED, 7-0)

43)  07R-58    Reappointing Patrick O'Donnell to the Nebraska
               Capitol Environs Commission for a three-year term
               expiring January 9, 2010.

44)  07R-59    Reappointing Mike McNiff to the Examining Board of
               Plumbers for a three-year terms expiring on
               September 24, 2009.

45)  07R-60    Reappointing Mike McNiff to the Water Conditioning
               Board of Examiners for a three-year term expiring
               on September 24, 2009.

46)  07R-61    Reappointing Bill Whitmer to the Electrical
               Advisory, Appeals and Examining Board for a three-
               year term expiring August 15, 2009.


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 (3/7/07)  PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS
     3/12/07.

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 MARCH ARE THE 12TH AND 26TH. 


ADJOURNMENT 5:49 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
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                  on 5 City-TV, Cable Channel 5.
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 Internet at:
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