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Formal Agenda



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

                           ALL MEMBER PRESENT


PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)            Application of Nebraska State Fair Board dba
               Nebraska State Fair Park for a Class CK liquor
               license at 1800 State Fair Park Drive.
               (ADOPTED FOR APPROVAL, 7-0; A-84551)

 2)            Manager application of Barney L. Cosner for
               Nebraska State Fair Board dba Nebraska State
               Fair Park at 1800 State Fair Park Drive.
               (ADOPTED FOR APPROVAL, 7-0; A-84552)

 3)            Application of EHPV Operating Group LLC dba Big
               Red Keno Sports Bar & Grill for a Class C liquor
               license at 955 West O Street.
               (ADOPTED FOR APPROVAL, 7-0; A-84553)

 4)            Manager application of Troy D. Olson for EHPV
               Operating Group LLC dba Big Red Keno Sports Bar
               & Grill at 955 West O Street. (ADOPTED FOR
               APPROVAL, 7-0; A-84554)

 5)            Manager application of Alex C. Coyle for 1339 O
               Street Inc. dba Brothers Est 1967 at 1339 O
               Street. (ADOPTED FOR APPROVAL, 6-1;
               ESCHLIMAN DISSENTING;  A-84555)

  
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 6 THRU 10 HAD 2ND READING)


 6)  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)

 7)  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)

 8)  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)

 9)  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)

10)  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)


PUBLIC HEARING - RESOLUTIONS

11)  07R-189   Approving Tam O'Shanter as a keno satellite site
               at 105 S. 25th Street.(ADOPTED, 6-1;
               ESCHLIMAN DISSENTING; A-84556)
               Fact Sheet (74K)

12)  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.(AMENDED TO REMOVE TRAUTMAN CLAIM TO
               HAVE PUBLIC HEARING & ACTION ON 10/8/07, 7-0;
               AMENDED CLAIM OF REA TO BE ALLOWED, 7-0; ADOPTED
               AS AMENDED, 7-0; A-84557)
               Fact Sheet (13K)
               Attachment (18K)

13)  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. (ADOPTED, 7-0; A-84558)
               Fact Sheet (69K)
               Attachment (705K)

14)  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.
               (ADOPTED, 7-0; A-84559)
               Fact Sheet (45K)
               Attachment (101K)

15)  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.
               (ADOPTED, 7-0; A-84560)
               Fact Sheet (61K)
               Attachment (93K)

16)  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.
               (ADOPTED, 7-0; A-84561)
               Fact Sheet (47K)
               Attachment (93K)

17)  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. (ADOPTED, 7-0;
               A-84562)
               Fact Sheet (142K)

18)  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.
               (ADOPTED, 7-0; A-84563)
               Fact Sheet (88K)
               Attachment (3849K)


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

                        CONSENT AGENDA


PETITIONS & COMMUNICATIONS

19)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
               DEPARTMENT:
               Change of Zone 07053 - App. of Airpark
               Holdings V, LLC from O-3 to H-4 on property
               located at NE corner of 27>th Street and
               Yankee Hill Rd.
               Special Permit 1685A  - App. of Rega
               Engineering for an amendment to increase the
               number of children and staff at the child-care
               facility, and waive the requirement that such
               facility shall be located on an arterial street
               per Section 27.63.070 of the LMC and the
               requirement to provide a conversion plan on
               property located at 1037 S. 12th Street.
               Special Permit 2022B - App. of Airpark
               Holdings V, LLC to expand the existing special
               permit for Planned Service Commercial to include
               an additional 40,800 sq. ft. of commercial uses
               and to waive sign restrictions on the property
               located at NE corner of 27th Street and
               Yankee Hill Rd.
               Special Permit 07044 - App. of Terri
               Sherman for a parking lot in a residential
               zoning district on property located at 1800 F
               Street.
               Special Permit 07045 - App. of Faulk &
               Foster for an approximately 198' tall wireless
               facility on property located at S. 70th Street
               and Saltillo Rd.
               Special Permit 07046 - App. of Gerald
               Maddox for extraction of soil on property
               located at SE of the intersection of S.
               40th Street & Yankee Hill Rd.
               Use Permit 04005A - App. of E-S-P on
               behalf of Regal Building Systems to reduce the
               rear yard setback on property located at NW
               1st Street and Barons Ridge.

20)            Setting the Hearing Date of Monday, October 15,
               2007 at 1:30 p.m. for GJR, LLC dba Randy's Grill
               & Chill for a liquor catering license at 4947
               Holdrege Street.  (ADOPTED, 7-0; A-84564)

21)            Setting the Hearing Date of Monday, October 15,
               2007 at 1:30 p.m. App. of Carmela's Bistro &
               Wine Bar, LLC dba Carmela's Bistro Wine Bar for
               a Class C liquor license located at 4141 Pioneer
               Woods Dr., Ste. 110. (ADOPTED 7-0; 84565)
               

22)  MISCELLANEOUS REFERRALS


REPORTS OF CITY OFFICERS

23)            City Clerk and Mayor's approval of Ordinances &
               Resolutions passed by Council on September 17,
               2007. (PLACED ON FILE)
               
24)  07R-190   Appointing Brent Johnson to the Pedestrian/Bicycle 
               Committee to fill an unexpired term expiring 
               September 1, 2008. (ADOPTED, 7-0; A-84566)
               Attachment (24K)

                      - END CONSENT AGENDA -

                      - END PUBLIC HEARING -


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

     NONE


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

25)  07-148    Amending Title 4 of the Lincoln Municipal Code
               to repeal Chapter 4.10 "Community Development
               Task Force. (PASSED, 7-0; #19002)
               Fact Sheet (94K)

26)  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. (PASSED, 7-0; #19003)
               Fact Sheet (67K)
               Attachment (78K)


PENDING LIST - DATE CERTAIN - NONE

PENDING LIST   (EXTENDED ONE WEEK)

27)  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)

28)  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)

29)  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)

30)  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)

31)  06-209    Approving a transfer of appropriations and 
     Part B    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. (1/8/07 - Project #902269, 
               placed on pending, no date certain; all other 
               projects approved)

32)  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)

33)  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)

34)  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)

35)  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.  (9/24/07 - Placed
               on Pending, No Date Certain)
               Fact Sheet (61K)
               Attachment (167K)

36)  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) (9/24/07 -
               Placed on Pending, No Date Certain)
               Fact Sheet (399K)

37)  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) (9/24/07 - Referred back to
               Planning Dept.)
               Fact Sheet (40K)


 WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, OCTOBER 8, 2007, AT 1:30 P.M.
                            (APPROVED, 7-0; SEE ITEM #39)

38)  07R-199   Authorizing the Mayor to execute a multi-year
               a multi-year contract per City Ordinance when
               funding appropriations comes from more than one
               fiscal year CIP for the StarTran Automated Vehicle
               Location (AVL) Project.
               Fact Sheet (63K)

39)  07R-200   Appeal by Dan Marvin of the StarTran Advisory
               Board action approving the Transit Development
               Plan (TDP) and the near-term route changes that
               are part of the TDP.(TO HAVE PUBLIC HEARING ON
               10/8/07; ACTION DELAYED TO 10/29/07, 7-0)
               Fact Sheet (58K)
               Attachment (861K)

40)  07R-201   Approving the City of Lincoln Redevelopment
               Agreement between the City and Ventre A Terre,
               LLC, and Turbine Flats Project, Inc. relating to
               the redevelopment of property generally located
               at 22nd and Y Streets for research and
               development incubator space. 
               Attachment (154K)

41)  07R-202   Approving a resolution in support of State
               legislation for the adoption of a Baby Safe
               Haven Law to discourage unsafe baby abandonment.

42)  07R-203   Declaring the official intent of the City to
               reimburse certain expenses in connection with
               the acquisition, purchase and installation of
               improvements to the Antelope Creek channel in
               conjunction with improvements to be made by the
               United States Army Corps of Engineers from the
               proceeds of tax-exempt obligations of the
               City.

43)  07R-204   Appeal of Somsri Chollett dba Magnolia
               Restaurant of the Historic Preservation
               Commission decision approving a Certificate of
               Appropriateness for a sign at 301 N. 8th Street
               with the condition that it not include neon 
               illumination. 
               Fact Sheet (464K)


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 (10/3/07) PRIOR TO THE 
     NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN 
     MICROPHONE SESSION WHICH IS 10/8/07.


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 OCTOBER ARE THE 8TH AND THE 29TH.


ADJOURNMENT  3:05 P.M.


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                  on 5 City-TV, Cable Channel 5.
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