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Formal Agenda


           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                 MONDAY, NOVEMBER 19, 2007 AT 5:30 P.M.

    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.

                          ALL MEMBERS PRESENT

                                
PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)            Manager application of Jeremy D. Boyer for Bruno
               Enterprises Too dba Buffalo Wild Wings at 7301
               S. 27th Street and 1328 P Street.  (MOTION FOR 
               APPROVAL, LOST, 3-4; CAMP, EMERY, MARVIN ASSENTING; 
               ADOPTED FOR DENIAL, 5-2; EMERY, MARVIN DISSENTING; 
               A-84617)

 2)            Application of Vesta Lincoln Partners LLC dba
               Holiday Inn for a Class "CK" liquor license at
               141 N. 9th Street.  (ADOPTED FOR APPROVAL, 7-0; 
               A-84618)

 3)            Manager application of Dennis L. Havranek for
               Vesta Lincoln Partners LLC dba Holiday Inn at
               141 N. 9th Street.  (ADOPTED FOR APPROVAL, 7-0; 
               A-84619)

 4)            Application of BAM Partnership dba The Spigot
               for a Class "C" liquor license at 1624 O Street.  
               (ADOPTED FOR APPROVAL, 6-1; A-84620)

 5)            Application of Rogelio Arias dba Super Taco for
               a Class "IK" liquor license at 5501 Holdrege
               Street.  (ADOPTED FOR APPROVAL, 7-0; A-84621)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 6 
 THRU 12 HAD 2ND READING, SEE ITEMS 9 THRU 12)

 6)  07-169    Change of Zone 07054HP - Application of Gamma
               Phi Beta House Corporation of Gamma Phi Beta
               Sorority, to designate the property at 415 N.
               16th Street as a historic landmark.
               Fact Sheet (680K)

 7)  07-170    Change of Zone 07056 - Application of John and
               Andrea Schleich for a change of zone from AGR
               Agricultural Residential District to R-3
               Residential District on approximately 4.95 acres
               of property generally located at Ashbrook Drive
               and Highway 2. (Related Items: 07-170, 
               07R-227)
               Fact Sheet (271K)

 8)  07R-227   Special Permit 1992A - Application of John and
               Andrea Schleich to amend the Edenton Woods 1st
               Community Unit Plan to allow an additional 33
               dwelling  units and to waive the maximum block
               length and to allow roll-over curbs, on property
               generally located at Ashbrook Drive and Highway
               2. (Related Items: 07-170, 07R-227) (Action
               Date: 12/3/07)
               Fact Sheet (1070K)

 9)  07R-228   Comp. Plan Conformity 06001 - Amending the
               Antelope Valley Redevelopment Plan to add a
               housing project to provide new rental housing
               for low income and low income seriously mentally
               ill people, and new single family homes for low
               and moderate income people, on property
               generally bounded on the west by Hayward Park,
               on the north the Salt Creek channel, on the east
               by N. 10th Street, and on the south by the east-
               west alley north of Claremont Street.
               (Related Items: 07R-228, 07-171, 07-172, 
               07R-229) (Action Date: 12/3/07) (Request to 
               have Action on 11/19/07)  (COUNCIL VOTED TO AMEND 
               THEIR SCHEDULE TO HOLD A MEETING ON 11/26/07 AT 
               1:30 P.M. TO HAVE ACTION ONLY ON THIS ITEM, 6-1; 
               COOK DISSENTING)
               Fact Sheet (1829K)
               Attachment (583K)

10)  07-171    Comp. Plan Conformance 07022 - Declaring
               approximately 6.02 acres of property generally
               located at N. 10th Street and Military Road, as
               surplus property. (Related Items: 07R-228,
               07-171, 07-172, 07R-229) (Request to have
               2nd & 3rd Readings w/Action on 11/19/07)  
               (COUNCIL VOTED TO AMEND THEIR SCHEDULE TO HOLD 
               A MEETING ON 11/26/07 AT 1:30 P.M. TO HAVE ACTION 
               ONLY ON THIS ITEM, 6-1; COOK DISSENTING)
               Fact Sheet (698K)

11)  07-172    Change of Zone 07055 - Application of Hoppe Inc.
               for a change of zone from P Public Use District
               to R-4 Residential District on approximately
               6.18 acres of property generally located at 
               N. 10th Street and Military Road. (Related
               Items: 07R-228, 07-171, 07-172, 07R-229)
               (Request to have 2nd & 3rd Readings w/Action 
               on 11/19/07)  (COUNCIL VOTED TO AMEND THEIR 
               SCHEDULE TO HOLD A MEETING ON 11/26/07 AT 1:30 P.M. 
               TO HAVE ACTION ONLY ON THIS ITEM, 6-1; COOK DISSENTING)
               Fact Sheet (341K)

12)  07R-229   Special Permit 07047 - Application of Hoppe,
               Inc. to develop the 10th and Military Community
               Unit Plan for 61 multi-family units and 10
               single-family attached units, with requested
               waivers of the required screening, reduction in
               parking, reduction in the front yard setback,
               stormwater detention, spacing of local streets
               to major streets, and minimum elevation of
               streets in a floodplain, on approximately 6.18
               acres generally located at N. 10th Street and
               Military Road. (Related Items: 07R-228, 
               07-171, 07-172, 07R-229) (Action Date: 12/3/07)
               (Request to have Action on 11/19/07) (COUNCIL VOTED 
               TO AMEND THEIR SCHEDULE TO HOLD A MEETING ON 11/26/07 
               AT 1:30 P.M. TO HAVE ACTION ONLY ON THIS ITEM, 6-1; 
               COOK DISSENTING)
               Fact Sheet (884K)


PUBLIC HEARING - RESOLUTIONS

13)  07R-224   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of October 16 -
               31, 2007.  (ADOPTED, 7-0; A-84622)
               Fact Sheet (13K)
               Attachment (16K)

14)  07R-225   Hearing on the Lincoln Electric System Annual
               Budget for 2008. (Action Date: 12/3/07)
               Fact Sheet (54K)

15)  07R-226   Use Permit 04005A - Application of RLM, LLC to
               amend Use Permit No. 04005 to reduce the side
               yard setback from 7.5 feet to 5 feet for Lots 1
               - 17, Block 1, and Lots 1 - 13, Block 2; to
               reduce the rear yard setback from 30 feet to 25
               feet on Lots 1 - 17, Block 1; and to reduce the
               rear yard setback from 30 feet to 20 feet for
               Lots 1 - 13, Block 2, on property generally
               located at N.W. 1st Street and Barons Road.
               (ADOPTED, 7-0; A-84623)
               Fact Sheet (429K)


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

                           -CONSENT AGENDA-


PETITIONS & COMMUNICATIONS

16)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPARTMENT:
               Change of Zone No. 3134C - App. of Rega
               Engineering for an amendment to the Willow
               Springs Planned Unit Development to expand
               Medical Office space from 18,000 sq. ft. to
               22,500 sq. ft. on property generally located at
               Lucille Dr. and Pioneers Blvd.
               Change of Zone No. 04075A - App. of
               Village Gardens Development Company, LLC for an
               amendment to the Village Gardens Planned Unit
               Development to revise the internal zoning
               district boundary line between the B-3 PUD area
               and the R-3 PUD area, to specify that all
               signage in the underlying B-3 district is
               governed by the B-3 signage regulations instead
               of the PUD signage regulations, and to allow a
               center identification ground sign at the main
               arterial entrance to the B-3 zoned area on
               property generally located at S. 56th
               Street and Pine Lake Rd.
               Change of Zone No. 07057 - App. of Dial-
               Salt Creek Limited Partnership amending Title 27
               of the Lincoln Municipal Code by amending
               various sections relating to Height and Area
               Regulations in the B-2 Planned Neighborhood
               Business District, B-5 Planned Regional Business
               District, H-1 Interstate Commercial District, 
               H-2 Highway Business District, H-3 Highway
               Commercial District, and H-4 General Commercial
               District.

17)            Setting the hearing date of Monday, December 3,
               2007 at 1:30 p.m. for the Application of Tokyo
               Steakhouse, Inc. dba Tokyo Steakhouse for a
               Class I liquor license located at 4200 S.
               27th St., Suite 100.  (ADOPTED, 7-0; A-84624)
  
18)            Setting the hearing date of Monday, December 3,
               2007 at 1:30 p.m. for the Application of Saleoff
               Enterprises, Inc. dba Saleoff for a Class D
               liquor license located at 1930 West O Street.
               (ADOPTED, 7-0; A-84625)

19)            Setting the hearing date of Monday, December 3,
               2007 at 1:30 p.m. for the Manager Application of
               Angela R. Tucci for the following locations: 
               Lazlo Inc. dba Empyrean Brewing/Lazlo's located
               at 700-710 Q St. & 210 N. 7th St.; Lazlo Inc. dba 
               Empyrean Lazlo's Brewery & Grill located at 5900 
               Old Cheney Road; and Lazlo, Inc. dba Fireworks 
               Restaurant located at 5750 S. 86th Drive.  
               (ADOPTED, 7-0; A-84626)

20)            Setting the hearing date of Monday, December 3,
               2007 at 1:30 p.m. for the Manager Application of
               Sandra Madsen for Inter Com Club, Inc. dba
               Nebraska Club located at 2000 US Bank Bldg., 
               233 S. 13th St.  (ADOPTED, 7-0; A-84627)

21)            Setting the hearing date of Monday, December 3,
               2007 at 1:30 p.m. for the Manager Application of
               Cynthia Allen for Allen Enterprises, Inc. dba
               Earl's Tavern located at 5555 Superior St.  
               (ADOPTED, 7-0; A-84628)


22)    MISCELLANEOUS REFERRALS - NONE


REPORTS OF CITY OFFICERS

23)            Resolution assessing special taxes for the costs
               of the improvements in the Downtown Business
               Improvement District, the Core Business
               Improvement District Overlay, and the Downtown
               Maintenance District.  (ADOPTED, 7-0; A-84629)

24)            Approving the City of Lincoln's Investment
               Activity Report from the City Treasurer for the
               Fiscal Year 2006-2007.  (ADOPTED, 7-0; A-84630)

25)            Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for October, 2007. 
               (PLACED ON FILE)

26)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on November 5, 2007.  (PLACED ON FILE)


                      - END CONSENT AGENDA - 

                      - END PUBLIC HEARING -


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

     NONE


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

27)  07-167    Approving a lease agreement between the City and
               Robert and Janette Fiala for the lease of space
               by the Lincoln Area Agency on Aging for its
               Lincoln Information for the Elderly (LIFE)
               Program at 370 Fifth Street, David City,
               Nebraska.  (PASSED, 7-0; #19019)
               Fact Sheet (71K)
               Attachment (89K)

28)  07-168    Amending Chapter 2.81 of the Lincoln Municipal
               Code relating to the Lincoln Living Wage
               Ordinance to add a definition for "nonprofit
               organization" and to exempt nonprofit
               organizations from the application of the
               ordinance.  (PASSED, 4-3; COOK, EMERY, MARVIN 
               DISSENTING; #19020)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST    (EXTENDED TWO WEEKS)

29)  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)

30)  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)

31)  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)

32)  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)

33)  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)

34)  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)

35)  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)

36)  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)

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)


WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, DECEMBER 3, 2007, AT 1:30 P.M.
                                                (APPROVED, 7-0)

38)  07R-236   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of November 1 -
               15, 2007.
               Fact Sheet (13K)
               Attachment (16K)

39)  07R-230   Reappointing Amy Tiemann-Tipton, David McBride
               and Sharon Wherry to the Auditorium Advisory
               Board for terms expiring August 31, 2013.

40)  07R-231   Appointing Michael W. Stroup to the Auditorium
               Advisory Board to fill an unexpired term
               expiring August 31, 2013.
               Attachment (30K)

41)  07R-232   Approving an Interlocal Agreement between
               Lincoln Public Schools and the City of Lincoln
               for shared space at the new Arnold Elementary
               School gymnasium and ballfields to accommodate a
               future City Recreation Center and adult
               activities.
               Attachment (221K)

42)  07R-233   Approving the Sub-Grant Award Agreement between
               the Nebraska Emergency Management Agency and the
               City of Lincoln regarding the 2006 Metropolitan
               Medical Response System for the Lincoln-
               Lancaster County Health Department in the amount
               of $232,330.00 for the award period of 8/30/06
               through 8/30/08.
               Fact Sheet (63K)
               Attachment (495K)

43)  07R-234   Approving the Sub-Grant Award Agreement between
               the Nebraska Emergency Management Agency and the
               City of Lincoln regarding the 2007 Metropolitan
               Medical Response System for the Lincoln-
               Lancaster County Health Department in the amount
               of $258,145.00 for the award period of 10/12/07
               through 6/30/10.
               Fact Sheet (107K)
               Attachment (374K)

44)  07R-235   A resolution revoking Special Permit 1135C as
               adopted by Resolution No. A-79989 which amended
               the Flint Ridge 2nd CUP to add 10 dwelling units
               fronting on private roadways on property
               generally located at South 66th Street and South
               Street for the reason that Permittee has failed
               to comply with the requirement that Lots 7 and
               8, Block 4, of the CUP be connected to and
               served by the private sanitary sewer and to have
               access to the private roadway.

45)  07R-238   Declaring the official intent of the City to
               reimburse certain expenses in connection with
               the acquisition, purchase and installation of
               light poles from the proceeds of City of Lincoln
               Certificates of Participation.


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 (11/14/07) PRIOR TO THE NEXT FORMAL CITY COUNCIL 
     MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 11/19/07.


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 NOVEMBER
     ARE THE 5TH AND THE 19TH.


ADJOURNMENT    12:26 A.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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