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Formal Agenda


           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                 MONDAY, OCTOBER 22, 2007 AT 1:30 P.M.

                   ALL MEMBERS PRESENT EXCEPT EMERY

        During the month of November there will be 2 Council
  meetings: November 5th at 1:30 p.m. and November 19th at 5:30 p.m.
Both meetings will have Open Microphone & Register to Speak Sessions.


MAYOR BEUTLER'S AWARD OF EXCELLENCE WAS PRESENTED TO TIM BECKMAN OF 
      PUBLIC WORKS & UTILITIES/STARTRAN DIVISION IN THE CATEGORY 
      OF PRODUCTIVITY.


PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)            Manager application of Brian J. Kawa for Levy
               Premium Foodservice LTD d/b/a Levy Restaurants
               at Haymarket Park located at 403 Line Drive
               Circle. (ADOPTED FOR APPROVAL, 6-0; A-84586)

 2)            Application of SIS Ventures, Inc. d/b/a Legends
               Bar & Grill for a Class C liquor license located
               at 8300 Northwoods Drive. (ADOPTED FOR APPROVAL, 
               6-0; A-84587)

 3)            Manager Application of Linda Denise Fredrick for
               SIS Ventures, Inc. d/b/a Legends Bar & Grill
               located at 8300 Northwoods Drive. (ADOPTED FOR 
               APPROVAL, 6-0; A-84588)


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

     NONE


PUBLIC HEARING - RESOLUTIONS

 4)  07R-209   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 water project that provides for
               construction of the Greenwood to Lincoln
               Transmission Main for the Lincoln Water System.
               (ADOPTED, 6-0; A-84589)
               Fact Sheet (59K)

 5)  07R-210   Amending the City's resolution on local
               government miscellaneous expenditures regarding
               the Mayor's Award of Excellence, including
               changes to the eligibility definition, the
               website address, the nomination procedure and
               nomination criteria, and clarification of team
               winners for monthly and annual awards.
               (ADOPTED, 6-0; A-84590)
               Fact Sheet (52K)


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


                          CONSENT AGENDA

PETITIONS & COMMUNICATIONS - NONE

 6)  MISCELLANEOUS REFERRALS - NONE

REPORTS OF CITY OFFICERS

 7)            Affidavit of Mailing for Board of Equalization
               for Downtown Business Improvement District,
               Downtown Maintenance & Core Business Improvement
               District Overlay. (PLACED ON FILE)

 8)  07R-212   Reappointing Michael Donnelly to the Police and
               Fire Pension Plan Investment Board for a five-
               year term expiring September 1, 2012.
               (ADOPTED, 6-0; A-84591)

 9)  07R-213   Reappointing Brennan Miller to the Parks and
               Recreation Advisory Board for a one-year term
               expiring June 1, 2008. (ADOPTED, 6-0; A-84592)

10)  07R-214   Appointing Barbara J. Walkowiak to the Parks and
               Recreation Advisory board for a one-year term
               expiring June 1, 2008. (ADOPTED, 6-0; A-84593)
               Attachment (55K)

11)  07R-215   Approving the appointment of David Landis as the
               Urban Development Director. (ADOPTED, 6-0; A-84594)

12)  07R-216   Approving the appointment of Niles Ford as the
               Director of the Fire and Rescue Department.
               (ADOPTED, 6-0; A-84595)

13)            Report from City Treasurer of City cash on hand
               at the close of business September 30, 2007. 
               (PLACED ON FILE)


                      - END CONSENT AGENDA -

                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 14 
THRU 21 HAD 1ST READING)

14)  07-160    Approving a lease agreement between the City and
               Spirits by Beckman for the lease of office space
               by the Lincoln Area Agency on Aging for its
               Lincoln Information for the Elderly (LIFE)
               Program at 708 North Chestnut Street, Wahoo,
               Nebraska.
               Fact Sheet (68K)
               Attachment (89K)

15)  07-161    Approving a lease agreement between the City and
               The Panama Caf‚ for the lease of space by the
               Lincoln Area Agency on Aging for its ActivAge
               Center Program at 310 Locust Street, Panama,
               Nebraska.
               Fact Sheet (66K)
               Attachment (84K)

16)  07-162    Approving a lease agreement between the City and
               the Polk Senior Center for the lease of office
               space by the Lincoln Area Agency on Aging for
               its Lincoln Information for the Elderly (LIFE)
               Medicaid Waiver Program at 230 North Main
               Street, Polk, Nebraska.
               Fact Sheet (65K)
               Attachment (80K)

17)  07-166    Approving a lease agreement between the City and
               Dittmer & Dittmer of Crete for the lease of
               space by the Lincoln Area Agency on Aging for
               its Lincoln Information for the Elderly (LIFE)
               Program at 1005 E Highway 33, Suite 6, Crete
               Nebraska.
               Fact Sheet (67K)
               Attachment (85K)

18)  07-163    Change of Zone 07053 - Application of Airpark
               Holdings V, LLC for a change of zone from O-3
               Office Park District to H-4 General Commercial
               District on property generally located at the
               southeast corner of South 27th Street and
               Grainger Parkway. (Related Items: 07-163,
               07R-217)
               Fact Sheet (395K)

19)  07R-217   Special Permit 2022B - Application of Airpark
               Holdings V, LLC to expand the existing Pine Lake
               Heights Planned Service Commercial to add
               approximately 44,875 square feet of commercial
               use on property generally located at the
               southeast corner of South 27th Street and
               Grainger Parkway. (Related Items: 07-163,
               07R-217) (Action Date: 11/5/07)
               Fact Sheet (1166K)

20)  07-164    Comp. Plan Conformance 07020 - Declaring
               approximately 6,651 sq. ft., more or less, of
               property generally located at 2730 Dudley
               Street, as surplus.
               Fact Sheet (268K)

21)  07-165    Change of Zone 07050 - Amending Section
               27.71.140 of the LMC to clarify that a lot or
               tract located in the R-1 through R-4 zoning
               districts may only be occupied by a group of two
               or more buildings to be used as a unit for any
               combination of two-family dwellings, multiple-
               family dwellings, or institutional purposes
               under a special permit or planned unit
               development and to further provide that the lot
               or tract must meet the minimum lot requirements
               and conditions in said district for each main
               building or use except as modified by the
               conditions of approval for such use under a
               special permit or planned unit development.
               Fact Sheet (19K)


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

22)  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) (MTA #1 ADOPTED, 6-0; 
               ADOPTED AS AMENDED, 6-0; A-84596)
               Attachment (208K)

23)  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)
               (PASSED, 6-0; #19008)
               Fact Sheet (1131K)

24)  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) (PASSED, 6-0; #19009)
               Fact Sheet (1020K)

25)  07-158    Amending Section 6.08.060 License Fee to
               increase fees for licensing dogs effective
               January 1, 2008. (PASSED, 6-0; #19010)
               Fact Sheet (119K)

26)  07-159    Amending Section 6.12.120 License Fee to
               increase fees for licensing cats effective
               January 1, 2008. (PASSED, 6-0; #19011)
               Fact Sheet (120K)


PENDING LIST - DATE CERTAIN

27)  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)


PENDING LIST   (EXTENDED ONE WEEK, SEE ITEM #36)

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)

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) (REMOVED FROM PENDING TO 
               HAVE P.H. & ACTION ON 11/5/07; 6-0)
               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 29, 2007, AT 5:30 P.M.
                                                    (APPROVED, 6-0)

39)  07R-218   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of October 1 -
               15, 2007.
               Fact Sheet (13K)
               Attachment (17K)

40)  07R-219   Approving appropriations in the amount of
               $34,591 from the operation of Keno lottery funds
               for various human services.
               Attachment (55K)

41)  07R-220   Special Permit 1685A - Application of Corey
               Osborn to increase the number of children in the
               existing early childhood care facility from 50
               to 100, and to increase the number of staff from
               6 to 11, with requested waivers of the
               requirement to be located on an arterial street
               and the requirement to provide a conversion
               plan, on property generally located at the
               northwest corner of South 12th and D Streets.
               Fact Sheet (447K)

42)  07R-221   Comp. Plan Conformance 07019 - Approving
               amendments to the Lincoln Center Redevelopment
               Plan to add the West Haymarket Blight and
               Substandard Study Area to said Plan; to add
               language to the text of the plan referencing the
               Adopted 2005 Downtown Master Plan and West
               Haymarket Area; to add the West Haymarket
               Redevelopment Project, which may include the
               construction of an arena, a privately owned and
               operated hotel, a convention and exhibition
               center, surface and structure parking, business
               space, recreational facilities and other
               complementary uses, in an area generally bounded
               by BNSF and Union Pacific railroad lines on the
               west, approximately N. 7th Street on the east,
               the south interior roadway of Haymarket Park and
               Bereuter Pedestrian Bridge on the north, and "M"
               Street on the south. The Lincoln Center
               Redevelopment Plan Area is generally bounded by
               Salt Creek, Interstate 180 and "R" Street on the
               north, 17th Street on the east, "G" Street on
               the south, and Salt Creek, 2nd Street, and Sun
               Valley Blvd. on the west.
               Fact Sheet (1412K)
               Attachment (6984K)


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 (10/24/07) PRIOR TO
     THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN
     OPEN MICROPHONE SESSION WHICH IS 10/29/07.


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     2:12 P.M.


                               ***
                    The City Council Meeting 
      which is broadcast live at 1:30 p.m. every Monday and
          at 5:30 p.m. on the last Monday of each month
          will be rebroadcast on Saturdays at 1:00 p.m.,
          Immediately following the Pre-Council Meeting
                  on 5 City-TV, Cable Channel 5.
                               ****
   The City Council Agenda and Action Sheet may be accessed on
   the Internet at:
                          lincoln.ne.gov
                               ***

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