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Formal Agenda


            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, DECEMBER 17, 2007 AT 1:30 P.M.

       During the month of December there will be 3 Council meetings:
                 December 3rd, 10th, and 17th all at 1:30 p.m.
Open Microphone & Register to Speak Sessions will be held on December 3rd and 17th 

                                ALL MEMBERS PRESENT

                                 
PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of Los Dos Hermanos Mexican Cafe‚
               Inc. dba Los Dos Hermanos for a Class I liquor
               license at 6117 Havelock Ave. (ADOPTED FOR APPROVAL, 
               7-0; A-84654)

2)             Manager application of Maria G. Rico for Los Dos
               Hermanos Mexican Cafe‚ Inc. dba Los Dos Hermanos
               at 6117 Havelock Ave. (ADOPTED FOR APPROVAL, 7-0;
               A-84655)


PUBLIC HEARING
ORDINANCES - 2ND  READING & RELATED RESOLUTIONS (as required)
(ITEMS 3 THRU 8 HAD 2ND READING. SEE ITEM #3)

3)   07-179    Approving a transfer of appropriations and cash
               (where appropriate) between projects within two
               funds within the Public Works & Utilities
               Department. (Request to have 2nd & 3rd Readings 
               w/Action 12/17/07) (WAIVED RULES TO HAVE ACTION THIS
               DATE, 7-0; PASSED, 7-0; #19025)
               Fact Sheet (58K)

4)   07-180    Amending Chapter 19.03 of the LMC (the Fire
               Code) to adopt the 2006 edition of the
               International Fire Code except as provided by
               specific amendments recommended by the Fire Code
               Task Force and Code Study Committee.
               Fact Sheet (69K)

5)   07-181    Amending Chapter 20.10 of the LMC (the Lincoln
               Residential Building Code) to adopt the 2006
               edition of the International Residential Code
               except as provided by specific amendments
               recommended by the Building Code Task Force and
               Code Study Committee.
               Fact Sheet (66K)

6)   07-182    Amending Chapter 20.08 of the LMC (the Lincoln
               Building Code) to adopt the 2006 edition of the
               International Building Code except as provided
               by specific amendments recommended by the
               Building Code Task Force and Code Study
               Committee.
               Fact Sheet (67K)

7)   07-183    Amending Section 14.24.030 of the Lincoln
               Municipal Code relating to the size and location
               of building numbers to reference the International 
               Building Code and the International Fire Code.
               Fact Sheet (66K)

8)   07-184    Amending Chapter 21.01 of the Lincoln Municipal
               Code (Lincoln Housing Code) to make the Housing
               Code compatible with the International Building
               Code and the International Fire Code.
               Fact Sheet (69K)


PUBLIC HEARING - RESOLUTIONS

 9)  07R-240   Special Permit 07049 - Appeal of Danelle Catlett
               to the Planning Commission conditional approval
               of the application of Dan Lesoing dba D.J.'s
               Bartending for authority to sell alcoholic
               beverages for consumption on the premises
               generally located at 710 Hill Street.
               (12/10/07-Public Hearing & Action con't. 1
               week to 12/17/07)(AMENDED, 4-3; COOK, ESCHLIMAN,
               MARVIN DISSENTING; ADOPTED AS AMENDED, 4-3; COOK,
               ESCHLIMAN, MARVIN DISSENTING; A-84656)
               Fact Sheet (824K)

10)  07R-242   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of November 16 -
               30, 2007.  (ADOPTED, 7-0; A-84657)
               Fact Sheet (13K)
               Attachment (16K)

11)  07R-244   Application of Peoples City Mission for the use
               of public right-of-way for construction of a
               parking lot at North 1st Street, north of Q
               Street.(ADOPTED, 7-0; A-84658)
               Fact Sheet (56K)
               Attachment (126K)

12)  07R-245   Approving a temporary early retirement incentive
               program and establishing eligibility
               requirements, enrollment period, required
               retirement date and incentive amounts for the FY
               2008 - 2009 budget.(TO HAVE SPECIAL MEETING ON
               FRIDAY, 12/21/07 @ 10:30 A.M., 6-1; CAMP DISSENTING)

13)  07R-246   Assessing the costs incurred for cutting,
               clearing and removing weeds against the various
               benefitted properties for the period of January
               1 through December 31, 2007.(AMENDED #1, 7-0;
               AMENDED, #2; ADOPTED AS AMENDED, 7-0; A-84659)
               Attachment (320K)

14)  07R-247   Approving the assignment of the Franchise
               Agreement for the provision of natural gas
               services to Lincoln between the City and Aquila
               to Black Hills/Nebraska Gas Utility Company, LLC
               and authorizing the Mayor to execute the same on
               behalf of the City.(ACTION DELAYED TO 1/07/08, 7-0)
               Attachment (124K)


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

                           -CONSENT AGENDA-


PETITIONS & COMMUNICATIONS

15)            Informal petition from Gerald R. Spahn for LMI
               funding and paving of Q Street between N.
               35th and N. 36th Street in accord with guidelines 
               established by Ordinance No. 18842. 
               (REFERRED TO PUBLIC WORKS)

16)            Setting the Hearing Date of Monday, January 7,
               2008 at 1:30 p.m. for Manager Application of
               Richard J. Hurt for Kwik Shop, Inc. dba Kwik
               Shop #618, 4750 Calvert St.; Kwik Shop #619,
               2302 Cornhusker Hwy.; Kwik Shop #632, 5900
               Fremont St.; Kwik Shop #634, 2940 N. 14th St.;
               Kwik Shop #635, 2330 N. 1st St.; Kwik Shop #637,
               2710 W St.;Kwik Shop #641, 2811 N. 48th St.; Kwik
               Shop #642, 3939 A St.; Kwik Shop #646, 3301
               Holdrege St.; Kwik Shop #650, 5600 Holdrege St.;
               Kwik Shop #662, 2040 S. 56th St.; Kwik
               Shop #663, 4400 Cornhusker Hwy.; Kwik Shop #680,
               1441 N. Cotner; Kwik Shop #681, 4400 O St.
               (ADOPTED, 7-0; A-84660)

17)            Setting the Hearing Date of Monday, January 7,
               2008 at 1:30 p.m. for Application of Hy-Vee,
               Inc. dba Hy-Vee 5 for an addition to premise
               located at 7151 Stacy lane.(ADOPTED, 7-0;
               A-84661)

18)            Setting the Hearing Date of Monday, January 7,
               2008 at 1:30 p.m. for Manager Application of
               Jeffery Ball for Omaha Franchise, LLC dba Ruby
               Tuesday located at 2700 N. Hill Road.
               (ADOPTED, 7-0; A-84662)


19)  MISCELLANEOUS REFERRALS


REPORTS OF CITY OFFICERS

20)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on December 3, 2007. (PLACED ON FILE)

21)  07R-243   Appointing Cathy Beecham and Berwyn Jones to the
               Historic Preservation Commission for three-year
               terms expiring April 15, 2010.(ADOPTED, 7-0;
               A-84663)
               Attachment (63K)

                     - END CONSENT AGENDA - 

                     - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 22 & 23 HAD 1ST READING)

22)  07-185    Approving a Sublease Agreement between the City
               and Experience Works for providing job training
               and employment services under the Workforce
               Investment Act.
               Fact Sheet (58K)
               Attachment (341K)

23)  07-186    Change of Zone 07058 - Amending Section 27.63.680 
               of the Lincoln Municipal Code relating to the 
               sale of alcoholic beverages for consumption on 
               the premises by special permit to allow such sales 
               on the premises of a restaurant in the B-1, B-3, H-1, 
               H-2, H-3, H-4, I-1, I-2, and I-3 districts subject to 
               approval of a special permit and providing conditions
               therefor.
               Fact Sheet (189K)


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

24)  07-173    Amending the pay schedules of employees whose
               classifications are assigned to the pay range
               prefixed by the letter "N" by creating the job
               classifications of  "Water Service Technician
               I," "Water Service Technician II,", and "Senior
               Water Service Technician."(PASSED, 7-0; #19026)
               Fact Sheet (62K)

25) 07-174     Amending the pay schedules of employees
               whose classifications are assigned to the
               pay range prefixed by the letter "A" by
               creating the job classifications of
               "Watershed Management Specialist" and
               "Communications Supervisor."
               (PASSED, 7-0; #19027)
               Fact Sheet (58K)

26)  07-175    Change of Zone 3134C - Application of Alpha
               Devco, LLC, to amend the Willow Springs Planned
               Unit Development to increase the amount of
               medical office floor area from 18,000 sq. ft. to
               approximately 22,500 sq. ft., on property
               generally located at Pioneers Boulevard and
               Lucille Drive.(PASSED, 7-0; #19028)
               Fact Sheet (457K)

 27) 07-176    Change of Zone 04075A - Application of
               Village Gardens Development Company, LLC,
               to amend 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
               Road.(PASSED, 7-0; #19029)
               Fact Sheet (1639K)
               Attachment (7K)

 28) 07-177    Change of Zone 07057 - Amending Title 27 of
               the Lincoln Municipal Code by amending
               Sections 27.31.090,  27.37.060, 27.39.070,
               27.41.080, 27.43.080, 27.45.070 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, respectively, to  increase the
               maximum height of buildings to 55 feet and
               to provide that, if the height of the
               building is over 40 feet in the B-2 and B-5
               districts and over 45 feet in the H-1, H-2,
               H-3, and H-4 districts, that portion of the
               building in excess of such height shall be
               required to have one additional foot of
               setback to any required side and/or rear
               yard abutting an R-1 through R-4
               Residential District for each one foot of
               building height in excess of the applicable
               40 feet or 45 feet depending on the zoning
               district in question, except that the
               additional rear yard setback is not
               required in the B-5 district.(DIVIDED INTO
               2 PARTS: H AND B DISTRICTS; B-2, B-5 LOST, 3-4;
               ESCHLIMAN, SPATZ, SVOBODA ASSENTING; H-1 THRU H-4
               PASSED, 7-0; #19030)
               Fact Sheet (54K)

 29) 07-178    Approving a lease agreement between the
               City and the 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 N.
               Chestnut St., Wahoo, Nebraska.
               (PASSED, 7-0; #19031)
               Fact Sheet (68K)
               Attachment (91K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST	(EXTENDED ONE WEEK)

30)  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)

31)  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)

32)  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)

33)  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)

34)  06-209    Approving a transfer of appropriations and cash
               (where appropriate) between projects within
     Part B    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)
               Fact Sheet (56K)

35)  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)

36)  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)

37)  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)

38)  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, JANUARY 7, 2008, AT 1:30 P.M.
						(APPROVED, 7-0)

39)  07R-248   Appointing Margaret Berry to the Urban Design
               Committee for a three-year term expiring
               February 1, 2010.
               Fact Sheet (28K)

40)  07R-249   Reappointing R. J. Lipert, Michael Coon, Martin
               Kasl, Doug Luedtke, Bill Moody, and Bob Siemsen
               to the Fire Sprinkler and Chemical Examining
               Board for three-year terms expiring November 24,
               2010.

41)  07R-250   Approving a Memorandum of Understanding between
               the City and Airport Authority to provide an
               overall framework for the operation,
               installation, and abandonment of water and
               wastewater utilities within Lincoln Air Park
               West.
               Fact Sheet (79K)
               Attachment (1584K)



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 (1/9/08)  PRIOR
     TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
     MICROPHONE SESSION WHICH IS 1/14/08.


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 JANUARY ARE THE 14TH AND THE 28TH.


ADJOURNMENT	4:34 P.M.


ANNOUNCEMENT


The next regular City Council meeting will be January 7, 2008 at 1:30 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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