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Formal Agenda


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

              ALL MEMBERS PRESENT (EMERY ABSENT FOR VOTE)


PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)            Application of Ca Na Ka, Inc. dba Michel's Ville
               Grille for a Class C liquor license at 2701 N.
               48th Street.  (ADOPTED FOR APPROVAL, 6-0; 
               A-84567)

 2)            Manager application of Debra S. Michel for 
               Ca Na Ka, Inc. dba Michel's Ville Grille at 
               2701 N. 48th Street.  (ADOPTED FOR APPROVAL, 
               6-0; A-84568)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)

     NONE


PUBLIC HEARING - RESOLUTIONS

 3)  07R-191C  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. (10/1/07 - Con't P.H. & Action on
               claim of Gregg Trautman to 10/8/07) 
               (ADOPTED, 6-0; A-84569)

 4)  07R-199   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 StarTran Automated Vehicle
               Location (AVL) Project.  (ADOPTED, 6-0; 
               A-84570)
               Fact Sheet (63K)

 5)  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. (10/1/07 - Action
               Delayed to 10/29/07)
               Fact Sheet (58K)
               Attachment (861K)

 6)  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.  (ADOPTED, 6-0; 
               A-84571)
               Attachment (154K)

 7)  07R-202   Approving a resolution in support of State
               legislation for the adoption of a Baby Safe
               Haven Law to discourage unsafe baby abandonment.
               (ADOPTED, 6-0; A-84572)

 8)  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.
               (WITHDRAWN, 6-0; #38-4559)

 9)  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.  (ADOPTED, 6-0; A-84573)
               Fact Sheet (464K)


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


                            CONSENT AGENDA

PETITIONS & COMMUNICATIONS

10)            Setting the hearing date of Monday, October 22,
               2007 at 1:30 p.m. for the Application of SIS
               Ventures, Inc. dba Legends Bar & Grill for a
               Class C liquor license located at 8300
               Northwoods Drive.  (ADOPTED, 6-0; A-84574)

11)            Setting the hearing date of Monday, October 22,
               2007 at 1:30 p.m. for the Manager Application of
               Brian J. Kawa for Levy Premium Foodservice LTD
               dba Levy Restaurants at Haymarket Park located
               at 403 Line Drive Circle.  (ADOPTED, 6-0; A-84575)


12)  MISCELLANEOUS REFERRALS - NONE


REPORTS OF CITY OFFICERS

13)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               Idle Funds during the month ended August 31,
               2007.  (ADOPTED, 6-0; A-84576)

14)            Report from City Treasurer of City Cash on hand
               at the close of business August 31, 2007. 
               (PLACED ON FILE)

15)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on September 24, 2007. 
               (PLACED ON FILE)

16)            Report from City Treasurer of franchise tax for
               the month of August, 2007 from Aquila. 
               (PLACED ON FILE)

17)            Report from City Treasurer of E911 surcharge for
               the month of April 2007:  Time Warner Cable;
               August 2007: AT&T Communications of Midwest,
               Comtel Telcom Assets LP, Level 3 Communications
               LLC. (PLACED ON FILE)


                        - END CONSENT AGENDA -

                        - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)  (ITEMS 18 
THRU 22 HAD 1ST READING)

18)  07R-206   Approving the 9th to 10th Streets, south of 
               South Street Development and Conditional Zoning 
               Agreement between the City and Red Cloud 
               Development relating to the redevelopment of 
               property generally located at 9th and South 
               Streets for commercial and retail uses. (Related 
               Items: 07R-206, 07-156, 07-157) (Action Date: 
               10/22/07) 
               Attachment (208K)

19)  07-156    Change of Zone 07027 - Application of RJJ&T, LLC
               and Red Cloud Development for a change of zone
               from R-4 Residential District to B-3 Commercial
               District on property generally located south of
               South Street between 9th and 10th Streets.
               (Related Items: 07R-206, 07-156, 07-157)
               Fact Sheet (1131K)

20)  07-157    Vacation 07003 - Vacating the east-west alley
               and a portion of the north-south alley between
               9th Street and 10th Street south of South
               Street. (Related Items: 07R-206, 07-156, 07-157)
               Fact Sheet (1020K)

21)  07-158    Amending Section 6.08.060 License Fee to increase 
               fees for licensing dogs effective January 1, 2008.
               Fact Sheet (119K)

22)  07-159    Amending Section 6.12.120 License Fee to increase 
               fees for licensing cats effective January 1, 2008.
               Fact Sheet (120K)


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

23)  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)  (ADOPTED, 6-0; A-84577)
               Attachment (10K)

24)  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) (PASSED, 6-0; #19004)
               Fact Sheet (460K)

25)  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.  (PASSED, 6-0; #19005)
               Fact Sheet (705K)

26)  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. (AMENDMENT #1 ADOPTED, 
               6-0; PASSED AS AMENDED, 6-0; #19006)
               Fact Sheet (467K)

27)  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.  (AMENDMENT #1 
               ADOPTED, 6-0; AMENDMENT #2 ADOPTED, 6-0; PASSED 
               AS AMENDED, 6-0; #19007)
               Fact Sheet (80K)


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 
     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)

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)

36)  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)

37)  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)

38)  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 15, 2007, AT 1:30 P.M.
                                                    (APPROVED, 6-0)

39)  07R-207   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.
               Fact Sheet (13K)
               Attachment (18K)

40)  07R-205   Special Permit 07004 - Appeal of Mike and 
               Kitra Deger to the conditional approval of 
               the request of Verizon Wireless to construct 
               a 158' tall monopole for personal wireless 
               facilities on property generally located at 
               140th and O Streets.
               Fact Sheet (1305K)

41)  07R-208   Approving an Agreement between the City of
               Lincoln and the Nebraska Department of Health
               and Human Services for the 2007-2009 Minority
               Health Initiative Project.
               Fact Sheet (63K)
               Attachment (339K)


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    6:15 P.M.



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                                 lincoln.ne.gov
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