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Formal Agenda


      ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
           MONDAY, SEPTEMBER 24, 2007 AT 5:30 P.M.

                     ALL MEMBERS PRESENT


PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)            Application of Kenneth C. Meier dba Meier's 
               Cork 'N Bottle for a Class CK liquor license 
               at 1244 South Street. (ADOPTED FOR APPROVAL, 
               7-0; A-84540)

 2)            Application of 55 Degrees, Inc. dba Bread & Cup
               for the addition of a catering license to their
               Class I liquor license at 440 N. 8th Street.  
               (ADOPTED FOR APPROVAL, 7-0; A-84541)

 3)            Manager application of Derek Ehlers for Lincoln
               Holdings Ltd. dba Marz Bar at 1140 O Street.  
               (ADOPTED FOR APPROVAL, 7-0; A-84542)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 4 
& 5 HAD 2ND READING)

 4)  07-148    Amending Title 4 of the Lincoln Municipal Code
               to repeal Chapter 4.10 "Community Development
               Task Force."
               Fact Sheet (94K)

 5)  07-151    Approving an Agreement between the City and the
               Asian Community & Cultural Center for the lease
               of space by the Lincoln Area Agency on Aging for
               its ActivAge Center program at 2615 O Street for
               a period of October 1, 2007 through August 31,
               2008.
               Fact Sheet (67K)
               Attachment (78K)


PUBLIC HEARING - RESOLUTIONS (SEE ITEMS 6 & 8)

 6)  07R-179C   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of August 16 -
               31, 2007. (Claim of Fred & Deb Matulka held
               over for P.H. & Action 9/24/07) 
               (WITHDRAWN, 7-0; #38-4558)
               Fact Sheet (13K)
               Attachment (16K)

 7)  07R-184   Misc. 07007 - Declaring the West Haymarket
               Area as blighted and substandard generally
               bounded by Haymarket Park on the north to 
               G Street on the south, with the eastern
               boundary running along 13th Street from 
               G to H Street, then along 9th Street to 
               O Street and following the railroad tracks at
               approximately 6th Street to Interstate 180;
               and the west boundary generally following
               Salt Creek, 2nd Street and Sun Valley Blvd.
               to Line Drive. (ADOPTED, 7-0; A-84543)
               Fact Sheet (233K)
               Attachment (1009K)

 8)  07R-185   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. (Request to place on
               Pending, No Date Certain) (PLACED ON PENDING, 
               NO DATE CERTAIN, 7-0)
               Fact Sheet (61K)
               Attachment (167K)

 9)  07R-186   Authorizing and supporting the Parks &
               Recreation Department's submittal of a grant
               application to the State Game & Parks Commission
               for a Recreational Trail Program Grant to fund
               the renovation of the Boosalis Trail along
               Highway 2 from 20th Street to 27th Street.
               (ADOPTED, 7-0; A-84544)
               Fact Sheet (79K)


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

                        CONSENT AGENDA


PETITIONS & COMMUNICATIONS - NONE

10)  MISCELLANEOUS REFERRALS - NONE

REPORTS OF CITY OFFICERS

11)  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. (8/20/07 - P.H. w/Action
               con't. to 9/24/07) (AMENDED, 7-0; ADOPTED 
               AS AMENDED, 7-0; A-84545)
               Attachment (222K)

12)  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.
               (8/20/07 - P.H. w/Action con't. to 9/24/07)
               (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-84546)
               Attachment (190K)

13)  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.
               (8/20/07 - P.H. w/Action con't. to 9/24/07)
               (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-84547)
               Attachment (163K)

14)  07R-188   Appointing Dan Marvin to the Utility Billing
               Check-Off Program Board for a one-year term
               expiring August 31, 2008. (ADOPTED, 7-0; 
               A-84548)


                    - END CONSENT AGENDA -

                    - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 15 THRU 19 HAD 1ST READING)

15)  07R-197   Approving the Development and Conditional Zoning
               Agreement between the City and Southeast Lincoln
               Animal Center LLC relating to the development of
               property generally located at S. 84th Street and
               Old Cheney Road. (Related Items: 07R-197, 
               07-152) (Action Date: 10/8/07)
               Attachment (10K)

16)  07-152    Change of Zone 07042 - Application of Southeast
               Animal Medical Center for a change of zone from
               O-2 Suburban Office District to B-1 Local
               Business District on property generally located
               northeast of the intersection of S. 84th Street
               and Old Cheney Road. (Related Items: 07R-197,
               07-152)
               Fact Sheet (460K)

17)  07-153    Change of Zone 07047 - Application of William J.
               Wood for a change of zone from R-6 Residential
               District to R-4 Residential District on property
               generally located between A and F Street from 
               S. 8th to S. 9th Streets.
               Fact Sheet (705K)

18)  07-154    Change of Zone 07051 - Amending Title 27 of the
               Lincoln Municipal Code relating to nonconforming
               signs by amending Section 27.69.320 to add
               provisions allowing a nonconforming off-premises
               sign to be replaced without being brought into
               compliance with the zoning code sign regulations
               under limited circumstances.
               Fact Sheet (467K)

19)  07-155    Amending Title 4 of the Lincoln Municipal Code
               relating to Boards and Commissions by adding a
               new Chapter 4.66, creating a City Audit Advisory
               Board, setting forth definitions, creating the
               membership of the Board and the length of terms
               and removal from office, setting forth the
               duties and powers of the Board, establishing
               meetings and rules, providing for staffing,
               providing for audit coordination and a custodian
               of records, laying out the ground rules for
               access to information, providing for an
               auditee's response, and setting out the process
               for selecting a contract auditor.
               Fact Sheet (80K)


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 
(SEE ITEMS 20 & 21)

20)  07-139    Change of Zone 07045 - Application of Realty
               Trust Group for a change of zone from R-3
               Residential Planned Unit Development to B-2
               Planned Neighborhood Business District on
               approximately 5.87 acres generally located at 
               S. 84th Street and Old Cheney Road. (9/17/07 -
               Action Delayed 1 wk. to 9/24/07) (PLACED ON 
               PENDING, NO DATE CERTAIN, 7-0)
               Fact Sheet (399K)

21)  07-142    Change of Zone 07046 - Amending Title 27 of the
               Lincoln Municipal Code relating to zoning by
               adding a new Section 27.03.525 to define
               restaurant; amending Sections 27.27.025,
               27.29.030, 27.33.030, 27.41.030, 27.43.030,
               27.49.030, 27.51.040 and adding new sections
               numbered 27.39.025, 27.45.025, and 27.47.025 to
               allow and establish conditions for the sale of
               alcoholic beverages for consumption on the
               premises of a restaurant as a permitted
               conditional use in the O-3, B-1, B-3, H-2, H-3,
               I-2, I-3, H-1, H-4, and I-1 districts,
               respectively; by amending Sections 27.29.040,
               27.33.040, 27.39.030, 27.41.040, 27.43.040,
               27.45.030, 27.47.030, 27.49.040, 27.51.050, and
               27.63.680 to allow the sale of alcoholic
               beverages for consumption on any premises not
               meeting the requirements for the sale of
               alcoholic beverages for consumption on the
               premises of a restaurant as a conditional
               permitted use in the B-1, B-3, H-1, H-2, H-4, I-
               1, I-2 and I-3 districts as special permitted
               use; by amending Section 27.27.030 to delete the
               sale of alcohol for consumption on the premises
               in restaurants as a special permitted use in the
               O-3 district; by amending Section 27.67.040 to
               add special parking requirements for bars,
               coffee shops and similar uses formerly
               classified as a restaurant; and by amending
               Figure 27.67.040 to add bars, coffee shops, and
               similar uses to the list of uses which have
               special parking requirements. (Action 
               Delayed 1 wk. to 9/24/07) (REFERRED BACK TO 
               PLANNING DEPT., 6-1; SVOBODA DISSENTING)
               Fact Sheet (40K)

22)  07-141    Change of Zone 07043 - Amending Chapter 27.67 of
               the Lincoln Municipal Code relating to parking
               by amending Section 27.67.020, the Parking
               Matrix, to add a note providing that if the
               number of spaces required by the building ratio
               is greater than required by the employee ratio,
               an additional parking area shall be reserved to
               accommodate the additional spacing; amending
               Section 27.67.030 to delete the restriction in
               Section 27.67.030 that parking lots, parking
               areas, and driving aisles may not be located in
               the front six feet of the front yard and
               deleting the requirement that said front six
               feet be landscaped. (Related Items: 07-141,
               07R-169) (PASSED, 7-0; #18998)
               Fact Sheet (16K)

23)  07R-169   Misc. No. 06007 - Amending Chapter 2.35, Design
               Standards for Street Trees, regarding the
               location of street trees, repealing Section 2
               (Approved Trees for Streets), and repealing
               Section 3 (Trees That Will Not Be Permitted as
               Street Trees); and by amending Chapter 3.50,
               Design Standards for Screening and Landscaping,
               by amending Section 3, General Requirements, to
               require the plan to show the total square feet
               of the parking lot or addition, including
               driving aisles, the square feet of the building
               addition, the zoning of the lot, and that the
               existing parking areas or buildings be shown and
               labeled as existing; by amending Section 4,
               Plant Material for Screening and Landscaping, to
               require a one-half but not more that three-
               fourths of the screen be coniferous or a variety
               of plant material that will retain its leaves
               through the winter months; by amending Section
               7, How Much is to Be Screened and Where the
               Screens are to be Located on the Property, by
               amending Section 7.1, Parking Lots, Parking
               Areas, and Driving Aisles, to clarify the amount
               of the screen when the parking lot, parking
               areas and driving aisles are set back from the
               edge of the pavement on private streets or when
               the parking lot, parking areas and driving
               aisles are less than five feet from an alley
               right-of-way, by adding specific screening
               requirements for parking lots, parking areas, or
               driving aisles in the B-1, B-3, H-1, H-2, and 
               H-3 zoning districts; by amending Section 7.4 to
               modify the measurement of the screen for
               residential lots backing onto major streets and
               railroads; by amending Section 7.5 to add
               additional requirements for screening of
               different uses in the B-1, B-2, B-3, H-2, H-3,
               H-4, O-2, I-1, I-2, and I-3 districts abutting
               residential districts; by amending Section 7.6
               to add additional requirements for screening
               required yards, open space areas, malls and
               around proposed buildings in the O-3, B-2, B-5,
               I-2, and I-3 districts and churches in the R-1
               through R-4 districts; and by amending Section
               8, Procedures, to require plans and documents
               required to be filed with the building official
               to show screening and landscaping; and repealing
               Chapter 3.95, Design Standards for Street Trees,
               in its entirety. (Related Items: 07-141, 
               07R-169) (Action Date: 9/24/07) (ADOPTED, 7-0; 
               A-84549)
               Fact Sheet (24K)
               Attachment (36K)
               Attachment (29K)

24)  07-147    Approving an Agreement between the City and
               First United Methodist Church/Waverly for the
               lease of space by the Lincoln Area Agency on
               Aging for its ActivAge Center program at 14410
               Folkestone Street, Waverly, NE for a period of
               September 1, 2007 through August 31, 2008.
               (PASSED, 7-0; #18999)
               Fact Sheet (62K)
               Attachment (83K)

25)  07R-183   Approving the Development and Conditional Zoning
               Agreement between the City and Safe-Harbour Eat
               - XVII, LLC relating to the development of
               property generally located at N.W. 27th Street
               and West O Street. (Related Items: 07R-183,
               07-149) (Action Date: 9/24/07) (ADOPTED, 7-0; 
               A-84550)
               Attachment (13K)

26)  07-149    Change of Zone 07048 - Application of Safe-
               Harbour Eat - XVII, LLC for a change of zone
               from H-3 Highway Commercial District to I-1
               Industrial District on 9.25 acres of property
               generally located at N.W. 27th Street and 
               West O Street. (Related Items: 07R-183, 
               07-149)  (PASSED, 7-0; #19000)
               Fact Sheet (786K)

27)  07-150    Change of Zone 07049 HP - Application of Matthew
               and Lisa Innis to designate the property at 1204
               Peach Street as a historic landmark. 
               (PASSED, 7-0; #19001)
               Fact Sheet (664K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST   (EXTENDED ONE WEEK)

28)  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)

29)  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)

30)  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)

31)  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)

32)  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)

33)  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)

34)  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)

35)  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, OCTOBER 1, 2007, AT 1:30 P.M.
                                                  (APPROVED, 7-0)

36)  07R-189   Approving Tam O'Shanter as a keno satellite site
               at 105 S. 25th Street.
               Fact Sheet (74K)

37)  07R-190   Appointing Brent Johnson to the Pedestrian/
               Bicycle Committee to fill an unexpired term 
               expiring September 1, 2008.
               Attachment (24K)

38)  07R-191   Accepting the report of new and pending 
               claims against the City and approving 
               disposition of claims set forth for the 
               period of September 1 - 15, 2007.
               Fact Sheet (13K)
               Attachment (18K)

39)  07R-192   Approving the Harvest Project Contract between
               the City's Lincoln Area Agency on Aging and
               Lancaster County on behalf of the Community
               Mental Health Center to provide mental health,
               substances abuse, and aging services to elderly
               residents of Lincoln County for a one year
               period.
               Fact Sheet (69K)
               Attachment (705K)

40)  07R-193   Approving an Interlocal Agreement between the
               City and the Railroad Transportation Safety
               District for the funding of the design, right-
               of-way acquisition, and construction activities
               for Phase 1 of the Antelope Valley Project.
               Fact Sheet (45K)
               Attachment (101K)

41)  07R-194   Approving an Interlocal Agreement between the
               City and the Railroad Transportation Safety
               District for the funding of the design, right-
               of-way acquisition and construction activities
               for the new bridge construction of the S.W. 40th
               Street Overpass over the BNSF railyard.
               Fact Sheet (61K)
               Attachment (93K)

42)  07R-195   Approving an Interlocal Agreement between the
               City and the Railroad Transportation Safety
               District for the funding of the design, right-
               of-way acquisition and construction activities
               for the new bridge construction of the Harris
               Overpass on O Street, 3rd to 9th Streets.
               Fact Sheet (47K)
               Attachment (93K)

43)  07R-196   Authorizing an application to the Nebraska 
               Game & Parks Commission for Land and Water
               Conservation grant funding assistance for the
               development of a neighborhood park located in
               the Hartland Garden Valley Development near 
               N. 14th Street and Humphrey Ave.
               Fact Sheet (142K)

44)  07R-198   Assessing Nuisance Abatement costs associated
               with the clearing of public nuisances by the
               Health Department to the following benefitted
               properties:  3141 S St., 901 N. 23rd St., 
               1920 S. 17th St., 2026 Lake St., 6432 Leighton 
               Ave., 1140 Fairfield St., 2302 S. 11th St., 
               920 Garfield St., 3102 N. 48th St., 1851 Garfield 
               St., 3019 Starr St., 724 Washington St., 
               2948 Starr St., 245 N. 25th St., 960 S. 40th St.,
               3051 U St., 2718 Alpha St., 2540 S St., 2436
               Vine St., 2925 N. 54th St., 1536 LeGros Ave., 
               600 Village Ave., 3035 S. 46th St., 631 N. 26th 
               St., 1530 N. 23rd St., 1240 N. 66th St.,
               3846 Sumner St., 7211 Stevens Ridge Rd., 2163 S.
               8th St., 4126 Madison Ave., 2335 S. 39th St., 
               1648 S. 24th St., 1520 D St., 4702 Cooper Ave., 
               3160 T St., 1035 S. 23rd St., 1401 S. 21st St.,
               847 N. 29th St., 4139 Lewis Ave.
               Fact Sheet (88K)
               Attachment (3849K)


CAMP MOVED TO CREATE THE POSITION OF 2ND VICE CHAIR AND 	
     NOMINATED COOK, SECONDED BY ESCHLIMAN. MOTION CARRIED, 7-0.


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 (9/19/07) PRIOR TO 
     THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN
     OPEN MICROPHONE SESSION WHICH IS 9/24/07.


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 SEPTEMBER ARE THE 10TH
     AND THE 24TH.


ADJOURNMENT    8:27 P.M.



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