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Formal Agenda


        ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
              MONDAY, AUGUST 20, 2007 AT 1:30 P.M.

                      ALL MEMBERS PRESENT


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


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

 1)  07-127    Change of Zone 07038 - Application of Ron Biloff
               on behalf of Harriett Biloff for a change of zone
               from R-4 Residential District to O-2 Suburban
               Office District on property generally located
               southeast of the intersection of S. 47th Street
               and Lowell Ave.
               Fact Sheet (277K)

 2)  07-128    Change of Zone 07040HP - Application of Havelock
               Business Association for a landmark district
               designation for the Havelock Avenue Landmark
               District on properties from 6024 Havelock Avenue
               to 6262 Havelock Avenue and from 6033 Havelock
               Avenue to 6245 Havelock Avenue.
               Fact Sheet (1672K)

 3)  07-129    Amending Title 8 of the Lincoln Municipal Code
               relating to Health and Sanitation by amending
               Section 8.06.145 to increase the fee for open
               burning permits; amending Section 8.08.060 to
               increase permit fees for body art establishments;
               amending Section 8.08.090 to increase the late fee
               for body art establishment permits; amending
               Section 8.08.150 to increase the initial permit
               fee for a body art practitioner; amending Section
               8.08.350 to increase the fee for reinstatement of
               a suspended permit for body art establishments or
               practitioners; amending Section 8.12.035 to
               increase the initial and renewal permit fees for
               small family child care homes; amending Section
               8.14.037 to increase the fees related to child
               care programs; amending Section 8.20.150 to
               increase food establishment permit fees; amending
               Section 8.20.160 to increase late fees for food
               establishment permits; amending Section 8.20.170
               to increase the fee for reinstating a suspended
               food establishment permit; amending Section
               8.24.150 to increase the permit fee for variances
               to the noise control ordinance; amending Section
               8.38.090 to increase the permit fee for Class A or
               Class B swimming pools; amending Section 8.40.070
               to increase the permit fee for space facilities;
               and amending Section 8.44.070 to increase the
               permit fees relating to water wells.
               Fact Sheet (96K)

 4)  07-130    Amending Chapter 5.41 of the Lincoln Municipal
               Code relating to Salvaging, Recycling and
               Composting Operations by amending Section 5.41.050
               to increase permit fees; amending Section 5.41.060
               to increase the occupation tax for salvage
               operations and commercial composting operations;
               and amending Section 5.41.070 to increase the
               occupation tax late fee.
               Fact Sheet (91K)

 5)  07-131    Amending Title 24 of the Lincoln Municipal Code,
               Plumbing and Sewers, by amending Section 24.38.070
               to increase permit fees relating to on-site
               wastewater treatment systems; and amending Section
               24.42.110 to increase the fee for evaluation and
               review of Property Transfer Inspector reports and
               any necessary site visits by the Health Director. 
               Fact Sheet (93K)


PUBLIC HEARING - RESOLUTIONS

 6)  07R-148   Adopting the 2007/08 City of Lincoln Annual
               Operating Budget and Capital Improvement Program
               for FY 2007/08 - 2012/13. (SUBSTITUTE RESOLUTION 
               ACCEPTED, 7-0; ADOPTED, 7-0; A-84483)
               Attachment (1214K)

 7)  07R-152   Approving a new schedule for water use charges and
               approving the issuance of additional revenue bonds
               for the Capital Improvements Program Fiscal Year
               2007-2008 through Fiscal Year 2012-2013. (ADOPTED, 
               6-1; COOK DISSENTING; A-84484)
               Fact Sheet (64K)

 8)  07R-153   Approving a new schedule for wastewater use
               charges and approving the issuance of additional
               revenue bonds for the Capital Improvements Program
               Fiscal Year 2007-2008 through Fiscal Year
               2012-2013. (ADOPTED, 6-1; COOK DISSENTING; A-84485)
               Fact Sheet (60K)

 9)  07R-155   Amending the Lincoln Lancaster County Air
               Pollution Control Program Regulations and
               Standards by amending Article 1, Section 6, to
               increase the fees for asbestos project
               notifications and by amending Article 2, Section
               30, to increase the charge for engineering reviews
               of air pollution control construction permits.
               (ADOPTED, 7-0; A-84486)
               Fact Sheet (104K)
               Attachment (109K)

10)  07R-156   Amending the Lincoln Lancaster County Air
               Pollution Control Program Regulations and
               Standards to increase the fees for special waste
               permits.  (ADOPTED, 7-0; A-84487)
               Fact Sheet (99K)

11)  07R-157   Application of Hamilton College - Lincoln to use
               the public right-of-way to install an overhead 
               fiber optic line across the alley between
               properties at 1821 K Street and 1800 J Street.
               (ADOPTED, 7-0; A-84488)
               Attachment (290K)


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


                            CONSENT AGENDA


PETITIONS & COMMUNICATIONS

12)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPARTMENT:
               Change of Zone No. 07048:  App. of Mark
               Hunzeker for a change of zone from H-3 Highway
               Commercial District to I-1 Industrial District, on
               property located at 200 NW 28th Street.
               Change of Zone No. 07049HP:  App. of Matt
               and Lisa Innis to designate as a historic
               landmark, property located at 1204 Peach Street.
               Special Permit No. 07034:  App. of Matt and
               Lisa Innis to preserve a landmark by permitting
               the utilization of the property for a tea room, on
               property located at 1204 Peach Street.
               Special Permit No. 07004:  App. of Verizon
               Wireless for an approx. 158 ft. tall personal
               wireless facility on property generally located at
               12900 and O Streets.

13)            Setting the hearing date of Monday, September 10,
               2007 at 1:30 p.m. for the Application of Peacock
               Indian Cuisine, Inc. dba Peacock Indian Cuisine
               for a Class I liquor license located at 2801 Pine
               Lake Road, Suite W.  (ADOPTED, 7-0; A-84489)

14)  MISCELLANEOUS REFERRALS - NONE


REPORTS OF CITY OFFICERS

15)  07R-149   Approving the appointment of Leirion Gaylor Baird
               to the Lincoln-Lancaster County Planning
               Commission for a six-year term expiring 
               September 18, 2013.  (P.H. W/ACTION CON'T TO 
               9/24/07, 7-0)
               Attachment (222K)

16)  07R-150   Approving the appointment of Wendy J. Francis to
               the Lincoln-Lancaster County Planning Commission
               for a six-year term expiring August 31, 2013.
               (P.H. W/ACTION CON'T TO 9/24/07, 7-0)
               Attachment (190K)

17)  07R-151   Approving the appointment of Robert R. Moline to
               the Lincoln-Lancaster County Planning Commission
               for a six-year term expiring August 31, 2013.
               (P.H. W/ACTION CON'T TO 9/24/07, 7-0)
               Attachment (163K)

18)            Report from City Treasurer of Franchise Tax for
               the month of June, 2007 from Aquila. (PLACED ON FILE)

19)            Report from City Treasurer of  911 Surcharge Fees
               for the month of June, 2007:  Level 3
               Communications; AT&T Communications of Midwest;
               Comtel Telcom Assets LP; 2nd Quarter
               2007: Windstream. (PLACED ON FILE)

20)            Report from City Treasurer of franchise fees for
               the quarter ending June 30, 2007 from Time Warner
               Cable. (PLACED ON FILE)

21)            Report of City Treasurer of Telecommunications
               Occupation Tax for the month of December 2006: 
               Shaffer Communications, Inc.; March 2007: Shaffer
               Communications, Inc.; May 2007:  Cimco
               Communications, Verizon-Bell Atlantic, Movida
               Communications, TON Services, Business Prod.
               Solutions, Teleplus Wireless Corp., Qwest Comm.
               Corp., Telecorp Communications, Intellicall
               Operator Services, Earthlink, Advanced Tel Inc.,
               LDMI Telecommunications, XO Communications,
               TracFone Wireless, VoiceCom, IBM Global, Quantum
               Shift, KDDI America, Globalstar USA, Trans
               National, Primus Telecomm., Global Crossing,
               Global Crossing Bandwidth, OnStar, Cincinnati Bell
               Any Distance, Verizon Select, Andiamo Telecom,
               Working Assets, Broadwing Comm., McLeod USA, ACN
               Comm., Broadband Dynamics, Virgin Mobile, USCOC of
               Nebraska/Kansas, UCN, Inc., Telecommunications
               Systems Corp of Maryland, Network Billing,
               Guaranteed Phone Service, Nebraska Technology,
               AT&T Comm. of Midwest, New Cingular Wireless,
               Cricket, USCOC of Greater Iowa; June 2007: Sprint,
               Sprint Spectrum, Alltel, WWC License, TWC Digital
               Phone, Sprint Spectrum LP, D & D Comm., MCI,
               Windstream Nebraska, Windstream Systems of the
               Midwest, Network Billing, Zone Telecom, GTC
               Telecom, Enhanced Comm., Comtech 21, Globalcom,
               Tri-M, Lightyear Network Solutions, Acceris, SBC
               Long Distance, First Communications, 360 Networks,
               BT Americas, NOSVA, Covista, NOS Communications,
               Affinity Network, ATS Mobile, Shaffer
               Communications, Nextel West Corp.; April-June
               2007: T-Mobile Central, Trinsic, Helio, 800
               Response Information Services, NECC Telecom,
               Network US, Enhanced Communications Group,
               Digizip.com, AmeriVision, Touch 1, Windstream
               Nebraska, Inc. (PLACED ON FILE)

                        - END CONSENT AGENDA -

                        - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 22 
THRU 26 HAD 1ST READING)

22)  07-132    Vacation 05008 - Vacating Pine Lake Road between
               Westshore Drive and Eastshore Drive.
               Fact Sheet (1252K)
    
23)  07-133    Approving an Agreement between the City and St.
               James United Methodist Church for the lease of
               space by the Lincoln Area Agency on Aging for its
               ActivAge Center program at 2400 S. 11th Street for
               a period of September 1, 2007 through August 31,
               2008.
               Fact Sheet (76K)
               Attachment (82K)

24)  07-134    Approving an Amendment to Lease Agreement, the
               Gold's Building, between the City of Lincoln and
               Security National Properties Funding, LLC, to
               strike paragraph 9, Subrogation, from the Lease.
               Attachment (1087K)

25)  07-135    Approving a sublease agreement between the City of
               Lincoln and the State of Nebraska Department of
               Labor to sublease 6,568 sq. ft. of office space in
               the One Stop Career Center at the Gold's Building
               for a term of January 1, 2007 to December 31, 2011.
               Attachment (1359K)

26)  07-136    Approving a sublease agreement between the City of
               Lincoln and the State of Nebraska Department of
               Education, Vocational Rehabilitation Services to
               sublease 154 sq. ft. of office space in the One
               Stop Career Center at the Gold's Building for a
               term of January 1, 2007 to December 31, 2009.
               Attachment (1345K)


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

27)  07-122    Change of Zone 07018 - Application of Hampton
               Enterprises for a change of zone from AG
               Agricultural District to R-3 Residential District,
               for a Planned Unit Development District
               designation of said property and for approval of a
               development plan for approximately 78 dwelling
               units and approximately 258,000 square feet of
               office and commercial space in the underlying R-3
               zoned area, on property generally located at 
               S. 84th and Glynoaks Drive. (PASSED, 7-0; #18976)
               Fact Sheet (1535K)

28)  07-123    Amending Title 27 of the Lincoln Municipal Code
               relating to the Zoning Code by adding a new
               section 27.03.555 to define the term "social
               hall"; by amending Sections 27.29.030, 27.31.040,
               27.33.030, 27.37.025, 27.41.030, 27.43.030, and
               27.45.025 to allow social halls as permitted
               conditional uses in the B-1, B-2, B-3, B-5, H-2,
               H-3, and H-4 zoning districts, respectively, and
               to establish conditions therefor. 
               (PASSED, 7-0; #18977)
               Fact Sheet (796K)

29)  07-124    Approving a Sublease Agreement between the City
               and Goodwill Industries for providing job training
               and employment services under the Workforce
               Investment Act.  (PASSED, 7-0; #18978)
               Fact Sheet (47K)
               Attachment (218K)

30)  07-125    Approving a transfer of appropriations and cash
               (where appropriate) between projects within
               several funds within the Public Works & Utilities
               Department.  (PASSED, 7-0; #18979)
               Fact Sheet (54K)

31)  07-126    Approving a transfer of funds within the Parks &
               Recreation Department Capital Improvement Program.
               (PASSED, 7-0; #18980)
               Fact Sheet (89K)

32)  07R-143   Authorizing the Mayor to execute a multi-year
               contract per City Ordinance when funding
               appropriations comes from more than one fiscal
               year CIP for the Joint Antelope Valley (JAVA)
               Project No. 780104, Antelope Valley O Street
               Bridge and Roadway.(8/13/07 - Delayed 1 week
               for Action Only)  (AMENDED, 7-0; ADOPTED AS 
               AMENDED, 7-0; A-84490)
               Fact Sheet (61K)

33)  07R-144   Authorizing the Mayor to execute a multi-year
               contract per City Ordinance when funding
               appropriations comes from more than one fiscal
               year CIP for the Antelope Valley Phase 1 "East
               Leg" of Big "X", City Project 780107. (8/13/07
               - Delayed 1 week for Action Only)  (AMENDED, 7-0; 
               ADOPTED AS AMENDED, 7-0; A-84491)
               Fact Sheet (62K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

34)  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)

35)  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 St. and Havelock Ave. (Related
               Items: 05R-301, 05R-302) (12/19/05 - Placed on
               Pending Indefinitely)
               Fact Sheet (676K)

36)  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 St. and Havelock Ave. as
               commercial. (Related Items: 05R-301, 05R-302)
               (12/19/05 - Placed on Pending Indefinitely)
               Fact Sheet (676K)
               Attachment (394K)

37)  05-188   Change of Zone 3413 - Application of Landon's
               Neighborhood Assoc. for a change of zone from R-4
               Residential to R-2 Residential on property
               generally located at N. 24th and Superior Streets.
               (12/19/05 -Placed on Pending Indefinitely)
               Fact Sheet (1465K)

38)  06-209    Approving a transfer of appropriations and cash
     Part B    (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.
               (1/8/07 - Project #902269, placed on pending,
               no date certain; all other projects
               approved)

39)  07-73     Amending Title 20 of the Lincoln Municipal
               Code, the Building Code, by adding a new
               Chapter 20.02, entitled Neglected Building
               Registration, to require registration of
               neglected, deteriorated and/or abandoned
               buildings, to require the filing of plans for
               restoration or demolition of abandoned
               buildings, and to establish penalties for
               violations thereof. (5/7/07 - Placed on
               Pending, No Date Certain)
               Fact Sheet (13K)

40)  07-97     Change of Zone 07022 - Application of Hoppe
               Partners Ltd. for a change of zone from R-6
               Residential District to B-4 Lincoln Center
               Business District on property generally
               located at the southeast corner of S. 19th
               and L Streets. (Request to place on
               Pending) (6/25/07 - Placed on Pending
               Indefinitely)
               Fact Sheet (638K)

41)  07-58     Change of Zone 07010 - Application of Steve
               M. Champoux for a change of zone from AG
               Agricultural District to AGR Agricultural
               Residential District on property generally
               located at 134th and A Streets. (Request
               of applicant to continue P.H. to 5/7/07)
               (4/16/07 - 2nd Reading & P.H. Con't.
               to 5/7/07 w/ Action 5/14/07) (Request to
               Delay Action w/con't. P.H. to 7/23/07)
               (5/14/07 - Action Delayed w/con't. P.H. to
               7/23/07) (Request to Place on Pending - No
               Date Certain) (7/23/07 - Placed on Pending -
               No Date Certain)
               Fact Sheet (1439K)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, AUGUST 27, 2007, AT 5:30 P.M.:
                                      (APPROVED, 7-0; SEE ITEM 44)

42)  07R-158   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of August 1 - 15,
               2007.
               Fact Sheet (13K)
               Attachment (15K)

43)  07R-159   Approving the 2007 - 08 Work Plan for the
               Interlocal Agreement on Stormwater Management
               between the City and Lower Platte South Natural
               Resources District regarding stormwater quality
               and quantity issues.
               Fact Sheet (57K)
               Attachment (213K)

44)  07R-160   Appeal from the Planning Commission approval of
               Special Permit 07026 for authority to construct a
               31 unit domiciliary care facility for 33 residents
               on approximately 1.84 acres generally located at
               S. 25th Street and Old Cheney Road. (Request to
               hold P.H. on 9/10/07)  (MOTION TO HAVE P.H. 8/27/07 
               W/CON'T P.H. AND ACTION ON 9/10/07, 7-0)
               Fact Sheet (4304K)
               Fact Sheet (-0K)


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 IN WRITING BY 
     10:00 A.M. ON THE WEDNESDAY (8/22/07) PRIOR TO THE NEXT
     FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE
     SESSION WHICH IS 8/27/07.


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 AUGUST ARE THE 13TH AND THE 27TH.

   
ADJOURNMENT     3:36 P.M.


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