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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, APRIL 16, 2007 AT 1:30 P.M. ALL MEMBERS PRESENT PUBLIC HEARING LIQUOR RESOLUTIONS 1) Application of State Theatre Inc. dba State Theatre for a Class I liquor license at 1415 O Street. (ADOPTED FOR APPROVAL, 7-0; A-84330) 2) Manager application of David McNeil for State Theatre Inc. dba State Theatre at 1415 O Street. (ADOPTED FOR APPROVAL, A-84331) PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) 3) 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)((2ND READING & PUBLIC HEARING CONTINUED TO 5/7/07 WITH ACTION ON 5/14/07, 7-0) Fact Sheet (1439K) PUBLIC HEARING - RESOLUTIONS 4) 07R-87 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of March 16 - 31, 2007. (AMENDED #1, 7-0; AMENDED #2, 7-0; ADOPTED AS AMENDED, 7-0; A-84332) Fact Sheet (13K) Attachment (21K) 5) 07R-88 Approving the appropriation of city funds for a multi-year Joint Antelope Valley (JAVA) Project, Antelope Valley Phase 2 Project - Channel Wall. (ADOPTED, 7-0; A-84333) Fact Sheet (62K) 6) 07R-89 Approving an Interlocal Agreement between the City and Lincoln Public Schools to provide for the funding of a City library at the new Arnold Elementary School with Keno Funds - Libraries on property generally located at N.W. 48th Street and West Cuming Street.(ADOPTED, 7-0; A-84334) Attachment (11K) 7) 07R-90 Approving a Lease and Development Agreement between the City and Lincoln Public Schools to provide for the construction, operation and maintenance of a City library at the new Arnold Elementary School generally located at N.W. 48th Street and West Cuming Street.(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-84335) Attachment (808K) Anyone wishing to address an item on the Consent Agenda may do so at this time - CONSENT AGENDA - PETITIONS & COMMUNICATIONS 8) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPT.: Change of Zone No. 07015 - Req. by the Director of Public Works & Utilities, amending Section 27.81.010 of the Lincoln Municipal Code relating to General Regulations of the Zoning Code. Change of Zone No. 07019 - App. of CollegeView SDA Church, from R-4 Residential District to R-6 Residential District on property generally located at S. 49th Street and Lowell Avenue. Change of Zone No. 07020 - App. of Casey's Retail Company, from R-2 Residential District to B-1 Local Business District on property generally located at N. 70th Street and Havelock Avenue. Special Permit No. 07010 - App. of Casey's Retail Company, for expansion of a nonconforming use on property generally located at N. 70th Street and Havelock Avenue. 9) Setting the hearing date of Monday, May 7, 2007 at 1:30 p.m. for the Application of Van Eiser, LLC dba Venue for a liquor catering license at 4111 Pioneer Woods Drive. (ADOPTED, 7-0; A-84336) 10) Setting the hearing date of Monday, May 7, 2007 at 1:30 p.m. for the Application of 55 Degrees, Inc. dba Bread & Cup for a Class I liquor license at 801 S Street.(ADOPTED, 7-0; A-84337) 11) Setting the hearing date of Monday, May 7, 2007 at 1:30 p.m. for the Manager Application of Tina Krings for Casey's Retail Company dba the following Casey's General Stores: #1934 located at 550 W. Cornhusker Hwy; #2720 located at 1001 S. 13th Street; #2723 located at 1140 N. 48th Street; #2724 located at 3003 N. 70th Street; #2729 located at 5500 Superior; and #2745 located at 2243 N. Cotner. (ADOPTED, 7-0; A-84338) Boulevard. 12) MISCELLANEOUS REFERRALS REPORTS OF CITY OFFICERS 13) 2006 Annual Report of City Law Department dated April 1, 2007. (PLACED ON FILE) - END CONSENT AGENDA - - END PUBLIC HEARING - ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 14 & 15 HAD 1ST READING) 14) 07-64 Approving a five-year lease/purchase agreement between the City and Municipal Services Group, Inc. for the lease of golf course maintenance equipment. (Request 2nd & 3rd Readings on 4/23/07) Fact Sheet (99K) Attachment (658K) 15) 07-65 Change of Zone 07011 - Application of Trinity United Methodist Church to designate Trinity Methodist Episcopal Church at 1345 South 16th Street as a historic landmark. Fact Sheet (711K) ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 16) 07-51 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 March 1, 2007 through September 30, 2007.(PASSED, 7-0; #18914) Fact Sheet (69K) Attachment (84K) 17) 07-52 Approving a contract between the City and Downtown Lincoln Association to operate and regulate a mid-week public market in the area located at 12th Street from Q to R Street and R Street from 12th to 13th Streets from June 5, 2007 through June 26, 2007.(PASSED, 7-0; #18915) Fact Sheet (80K) Attachment (256K) 18) 07-53 Approving a contract between the City and Lincoln Haymarket Development Corp. to operate and regulate a Saturday public market in the Haymarket area, 7th Street from P to Q Streets and P Street from 7th to 8th Streets from May 5, 2007 through October 13, 2007 and on 8th Street from P to Q Street from June 16, 2007 through August 11, 2007.(PASSED, 7-0; #18916) Fact Sheet (81K) Attachment (365K) PENDING LIST - DATE CERTAIN 19) 07R-36 Special Permit 1989A - Application of Sid Dillon Automobile Dealership to modify the Design Standards for parking lots to allow 20 ft. candle lighting levels in the display areas on property generally located at S. 27th St. & Kendra Ln. (2/12/07 - Placed on Pending for P.H. & Action 5/7/07) Fact Sheet (1005K) PENDING LIST (EXTENDED ONE WEEK) 20) 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) 21) 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 Street and Havelock Ave. (Related Items: 05R-301, 05R-302)(12/19/05 - Placed on Pending Indefinitely) Fact Sheet (676K) 22) 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 Street and Havelock Avenue as commercial. (Related Items: 05R-301, 05R-302) (12/19/05 - Placed on Pending Indefinitely) Fact Sheet (676K) Attachment (394K) 23) 05-188 Change of Zone 3413 - Application of Landon's Neighborhood Association for a change of zone from R-4 Residential to R-2 Residential on property generally located at North 24th and Superior Streets. (12/19/05 - Placed on Pending Indefinitely) Fact Sheet (1465K) 24) 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) 25) 07R-25 Approving the Agreement regarding the annexation of Firethorn between Firethorn Investment, Firethorn Golf Company LLC, Firethorn Utility Service Co., and the City of Lincoln, relating to the annexation of approximately 303.66 acres of property generally located northeast of the intersection of S. 84th Street and Pioneers Blvd. (Related Items: 07R-25, 07-11, 07-12, 07-13, 07R-20) (Action Date: 2/5/07) (1/22/07 - Placed on Pending to Introduce: 2/5/07; P.H. 2/12/07; Action Date: 2/26/07) (1/29/07 - Placed on Pending, No Date Certain) Attachment (40K) 26) 07-11 Annexation 06020 - Amending the Lincoln Corporate Limits Map by annexing approximately 303.66 acres of property generally located northeast of the intersection of S. 84th Street and Pioneers Blvd. (Related Items: 07R-25, 07-11, 07-12, 07-13, 07R-20) (1/22/07 - Placed on Pending to Introduce: 2/5/07; P.H. 2/12/07; Action Date: 2/26/07) (1/22/07 - Placed on Pending to Introduce: 2/5/07; P.H. 2/12/07; Action Date: 2/26/07) (1/29/07 - Placed on Pending, No Date Certain) Fact Sheet (1007K) 27) 07-12 Change of Zone 06077 - Application of Firethorn Investment for a change of zone from AGR Agricultural Residential District to R-1 Residential District on property generally located northeast of the intersection of S. 84th Street and Pioneers Blvd. (Related Items: 07R-25, 07-11, 07-12, 07-13, 07R-20) (1/22/07 - Placed on Pending to Introduce: 2/5/07; P.H. 2/12/07; Action Date: 2/26/07) (1/22/07 - Placed on Pending to Introduce: 2/5/07; P.H. 2/12/07; Action Date: 2/26/07) (1/29/07 - Placed on Pending, No Date Certain) Fact Sheet (652K) 28) 07R-20 Special Permit 872F - Application of Firethorn Investment to expand the boundaries of the Firethorn Community Unit Plan to add 95 single family lots and to allow up to 545 dwelling units on property generally located northeast of the intersection of S. 84th Street and Pioneers Blvd. (Related Items: 07R-25, 07-11, 07-12, 07-13, 07R-20) (Action Date: 2/5/07) (1/22/07 - Placed on Pending to Introduce: 2/5/07; P.H. 2/12/07; Action Date: 2/26/07) (1/29/07 - Placed on Pending, No Date Certain) Fact Sheet (1235K) WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING ON MONDAY, APRIL 23, 2007 AT 1:30 P.M.: NONE 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 (4/24/07) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 4/30/07. 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 APRIL ARE THE 9TH AND 30TH. ADJOURNMENT 2:20 P.M. ANNOUNCEMENTS: Open Microphone and Register to Speak Sessions for the month of May are the 7th & 21st. New Mayor & New Council Member & Re-elected Council Member Swearing In Ceremony will be held on May 14th. May 21st is scheduled as a 5:30 p.m. meeting. *** 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 ***