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Formal Agenda


          ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                  MONDAY, JUNE 25, 2007 AT 5:30 P.M.

                         ALL MEMBERS PRESENT


     THERE WILL BE NO MEETING THE WEEK OF JULY 2ND DUE TO HOLIDAY


PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)            Manager application of Ronn Sorensen for Beacon
               Hills of Lincoln LLC dba Beacon Hills at 5353 N.
               27th Street.  (ADOPTED FOR APPROVAL, 7-0; 
               A-84417)

 2)            Application of James K. Vuong dba Ambiance Nail
               Spa for a Class I liquor license at 2755 Jamie
               Lane, Suite 3.  (ADOPTED FOR APPROVAL, 7-0; 
               A-84418)

 3)            Application of Doughboyz Inc. dba Doughboyz
               Bistro/Scrumpy Jacks to expand its presently
               licensed premises to read as a one story building
               measuring 80 feet by 128 feet including a sidewalk
               caf‚ approximately 25 feet by 60 feet, at 5500 S.
               56th Street, Suite 185-195.  (ADOPTED FOR APPROVAL, 
               7-0; A-84419)

 4)            Application of Box Awesome LLC dba Box Awesome for
               a Class C liquor license at 815 O Street, Suite 2.  
               (ADOPTED FOR APPROVAL, 7-0;  A-84420)

 5)            Manager application of Jeremiah Moore for Box
               Awesome LLC dba Box Awesome at 815 O Street, 
               Suite 2.  (ADOPTED FOR APPROVAL, 7-0; A-84421)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)  (ITEMS 6 
THRU 10 HAD 2ND READING, SEE ITEM #6)

 6)  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)
               (PLACED ON PENDING INDEFINITELY, 7-0)
               Fact Sheet (638K)

 7)  07-100    Amending Chapter 8.20 of the Lincoln Municipal
               Code, the Lincoln Food Code, to adopt the FDA Food
               Code as the basis for the Nebraska Pure Food Act
               and to be consistent with the Nebraska Pure Food
               Act.
               Fact Sheet (68K)

 8)  07-101    Change of Zone 07029 - Application of Capital
               Senior Living Properties for a change of zone from
               R-3 Residential District to R-4 Residential
               District and O-3 Office Park District on property
               generally located at Gramercy Road and A Street.
               Fact Sheet (241K)

 9)  07-102    Change of Zone 07032 - Amending Title 27 of the
               Lincoln Municipal Code to provide for more
               flexibility of uses and building arrangements on
               residential zoned lots by amending Section
               27.63.580 to allow the customary services of
               nonprofit religious, educational and philanthropic
               institutions, excluding retail uses, to locate
               within R-6, R-7, and R-8 by special permit;
               amending Section 27.71.130 to allow, under
               specified conditions, more than one main building
               or use on a lot located in the R-5, R-6, R-7, R-8,
               O-1, O-2, O-3, R-T, B-1, B-2, B-3, B-4, B-5, H-1,
               H-2, H-3, H-4, I-1, I-2, or I-3 District; amending
               Section 27.71.140 to reduce the minimum spacing
               between two- and three-story buildings to 20 feet,
               with further reduction by the Building and Safety
               Department if code requirements can be met.
               Fact Sheet (226K)

10)  07-103    Declaring approximately 5,697 square feet
               generally located at the southwest corner of 
               S. 27th Street and Randolph Street as surplus
               property.
               Fact Sheet (227K)


PUBLIC HEARING - RESOLUTIONS

11)  07R-112   Ordering Paving Unit No. 140 constructed in N.
               36th Street between Vine and W Streets and
               assessing the costs thereof against the benefitted
               properties.  (ADOPTED, 7-0; A-84422)
               Fact Sheet (61K)
               Attachment (75067K)

12)  07R-120   Application of the University of Nebraska Lincoln
               to use the public right-of-way to place a fiber
               optic line from the University of Nebraska -
               Lincoln Maintenance Shops at 942 N. 22nd Street to
               the Whittier Junior High Building at 2200 Vine
               Street.  (ADOPTED, 7-0; A-84423)
               Fact Sheet (59K)
               Attachment (1342K)

13)  07R-121   Approving an Agreement between the Lincoln-
               Lancaster County Health Department and the
               Social Security Administration to establish
               conditions to disclose information relating to the
               eligibility for and payment of Social Security
               benefits and/or Supplemental Security Income and
               Special Veterans Benefits.  
               (ADOPTED, 7-0; A-84424)
               Fact Sheet (63K)
               Attachment (2095K)


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

14) 07-99      Amending the pay schedule for a certain
               employee group by creating the classification
               of Senior Public Health Nurse. (6/18/07 -
               Con't. P.H. w/Action on 6/25/07) 
               (PASSED, 7-0; #18946)
               Fact Sheet (50K)

15)  07-78     Misc. 07004 - Amending Title 26 of the
     07-78S    Lincoln Municipal Code relating to Land
               Subdivision to provide requirements and
               criteria to prevent and control water
               pollution from construction site discharges
               and diminish adverse impacts to health,
               safety, property, and the general welfare of
               the citizens of the City of Lincoln by adding
               new sections numbered 26.07.085, 26.07.123,
               26.07.125, 26.07.137, 26.07.138, 26.07.164,
               26.07.166, 26.07.167,  and 26.27.168 to
               provide definitions for "construction
               activity," "individual site construction,"
               "mini-SWPPP," "permit in conformance with
               Chapter 28.01," "person," "stop work order,"
               "storm drainage system," "stormwater," and
               "stormwater pollution prevention plan
               (SWPPP)", respectively; by amending Sections
               26.11.038, 26.23.190, and 26.27.060 to
               require compliance with Chapter 28.01 for
               construction activity and individual site
               construction; by amending Section 26.31.040
               to allow enforcement action and removal
               authority by the City in the event sediment
               is deposited in a storm drainage system.
               (Related Items: 07-78, 07-79, 07-80, 07R-
               102) (6/4/07 - Con't. P.H. w/Action to
               6/25/07)  (SUBSTITUTE ORDINANCE ACCEPTED, 
               7-0; PASSED, 7-0; #18947)
               Fact Sheet (481K)

16)  07-79     Change of Zone 07015 - Amending Section
     07-79S    27.81.010 of the Lincoln Municipal Code 
               relating to General Regulations of the
               Zoning Code and to require compliance with
               Chapter 28.01, Regulations for Construction Site
               Discharges, for construction activity. (Related
               Items: 07-78, 07-79, 07-80, 07R-102) (6/4/07 -
               Con't. P.H. w/Action to 6/25/07)
               (SUBSTITUTE ORDINANCE ACCEPTED, 7-0; 
               PASSED, 7-0; #18948)
               Fact Sheet (475K)

17)  07-80     Creating a new Title 28 "Stormwater Quality
     07-80S    and Erosion and Sediment Control" to 
               consolidate the erosion and sediment control 
               requirements in a single chapter called
               "Regulations for Construction Site Discharges" to
               meet all state and federal requirements.
               (Related Items: 07-78, 07-79, 07-80, 07R-102)
               (6/4/07 - Con't. P.H. w/Action to 6/25/07)
               (SUBSTITUTE ORDINANCE ACCEPTED, 7-0; PASSED, 
               7-0; #18949)
               Fact Sheet (98K)

18)  07R-102   Misc. 07005 - Amending the City of Lincoln Design
     07R-102S  Standards to set forth standards for 
               construction site stormwater discharges 
               pursuant to the National Pollutant
               Discharge Elimination system (NPDES) under the
               Federal Clean Water Act and the Nebraska
               Environmental Protection Act by amending Chapter
               2.05 "Stormwater Drainage Design Standards,
               Section 11 "Erosion and Sediment Control" to
               repeal Sections 11.1 and 11.2 and to add new
               Section 11.1 setting forth the purpose and scope
               of the design standards for erosion and sediment
               control; to add new Section 11.2 requiring 
               that a permit and SWPPP be submitted 
               to the Lower Platte South Natural Resources
               District for any construction activity; 
               to add new Section 11.3 setting forth 
               requirements for Individual Site
               Construction; and to add new Section 11.4 which
               adopts by reference Chapter 9 of the City's
               Drainage Criteria Manual. (Related Items: 
               07-78, 07-79, 07-80, 07R-102) (Action Date: 6/4/07)
               (6/4/07 - Con't. P.H. w/Action to 6/25/07)
               (SUBSTITUTE RESOLUTION ACCEPTED, 7-0; 
               ADOPTED, 7-0; A-84431)
               Fact Sheet (540K)
               Attachment (17K)
               Attachment 2 (1435K)

Anyone wishing to address an item on the Consent Agenda May Do So
At This Time


                        CONSENT AGENDA


PETITIONS & COMMUNICATIONS

19)            Setting the hearing date of Monday, July 16, 2007
               at 1:30 p.m. for the Application of Europe Coffee,
               Inc. dba Europe Coffee for a Class I liquor
               license located at 1819 O Street.  
               (ADOPTED, 7-0; A-84425)

20)            Setting the hearing date of Monday, July 16, 2007
               at 1:30 p.m. for the Manager Application of
               Deborah A. Roberts for Buggy Bath West, LLC dba
               Buggy Bath Car Wash - West located at 1502 West O
               Street.  (ADOPTED, 7-0; A-84426)

21)            Setting the hearing date of Monday, July 16, 2007
               at 1:30 p.m. for the Application of Rhinodynamics,
               Inc. dba Duffy's Tavern for an addition to premise
               consisting of the expansion of an existing beer
               garden to be a new L-shaped area totaling
               approximately 44 by 50 feet located at 
               1406 - 1412 O Street.  (ADOPTED, 7-0; A-84427)

22)            Setting the hearing date of Monday, July 16, 2007
               at 1:30 p.m. for the Application of CB Holdings,
               Inc. dba Sharkwater Lounge for a Class C liquor
               license located at 140 N. 12th Street.
               (ADOPTED, 7-0; A-84428)

23)            Setting the hearing date of Monday, July 16, 2007
               at 1:30 p.m. for the Application of Ramo's Pizza,
               Inc. dba Ramo's Pizza Pub & Buster's BBQ for an
               addition to premise/reconstruction consisting of a
               one story building approximately 30 by 75 feet
               including irregular shaped beer garden
               approximately 56 by 83 feet located at 2435 S.
               48th Street.  (ADOPTED, 7-0; A-84429)


24)  MISCELLANEOUS REFERRALS - NONE


REPORTS OF CITY OFFICERS

25)            Setting a hearing date of Monday, July 16,
               2007, at 10:00 a.m. for Board of Equalization
               Special Assessment Group I. (APPROVED, 7-0)
            
26)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on June
               11, 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)  07-74     Amending Title 8 of the Lincoln Municipal
               Code relating to Health and Sanitation by
               creating a new Chapter 8.18 entitled
               "Communicable Disease Act" to define and
               authorize actions related to communicable,
               contagious and infectious diseases.
               (PASSED, 7-0; #18950)
               Fact Sheet (67K)
               Attachment (12K)

28)  07-95     Approving the sale of the three City owned
               properties (the Triplets) located at 1425,
               1437, and 1441 N. 15th Street for appraised
               values or above.  (PASSED, 7-0; #18951)
               Fact Sheet (74K)

29)  07-96     Approving a multi-year agreement between the
               City and Midwest Golf Inc. for the sale of
               advertising on tee signs at each of the
               City's five golf courses. (PASSED, 7-0; #18952)
               Fact Sheet (89K)
               Attachment (23K)

30)  07-98     Change of Zone 07028 - Application of Hidden
               Valley Estates LLC for a change of zone from
               AG Agricultural District to AGR Agricultural
               Residential District on property generally
               located south of S. 112th Street and Pine
               Lake Road. (Related Items: 07-98, 07R-
               119) (PASSED, 7-0; #18953)
               Fact Sheet (383K)

31)  07R-119   Approving the Development and Conditional Zoning
               Agreement between the City and Hidden Valley
               Estates LLC relating to the development of
               property generally located at S. 112th Street and
               Pine Lake Road. (Related Items: 07-98, 07R-119)
               (Action Date: 6/25/07) (ADOPTED AMENDMENT #2, 7-0; 
               ADOPTED AS AMENDED, 7-0; A-84430)
               Attachment (10K)


RECONSIDERATION REQUEST OF COUNCILMAN JON CAMP 

32)  07-91     Change of Zone 07025 - Application of Nebraska
               Nurseries for a change of zone from R-3 
               Residential Dist. to B-2 Planned Neighborhood 
               Business Dist. on property generally located
               at S. 80th St. and Pioneers Blvd. 
               (6/18/07 - Placed on Pending until 
               Use Permit goes before Planning Commission)
               (RECONSIDERED FOR ACTION, 7-0; PASSED, 7-0; #18954)
               Fact Sheet (259K)


PENDING LIST - DATE CERTAIN

33)  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) (5/7/07 - P.H. con't. to
               7/23/07)
               Fact Sheet (1005K)

34)  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)
               Fact Sheet (1439K)


PENDING LIST   (EXTENDED ONE WEEK)

35)  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)

36)  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)

37)  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)

38)  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)

39)  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)

40)  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)

41)  07-91     Change of Zone 07025 - Application of
               Nebraska Nurseries for a change of zone from
               R-3 Residential Dist. to B-2 Planned
               Neighborhood Business Dist. on property
               generally located at S. 80th St. and Pioneers
               Blvd. (6/18/07 - Placed on Pending until
               Use Permit goes before Planning Commission)
               Fact Sheet (259K)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, JULY 9, 2007, AT 1:30 P.M.:
                                               (APPROVED, 7-0)

42)  07R-122   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of June 1-15,
               2007.
               Fact Sheet (13K)
               Attachment (16K)

43)  07R-123   Reappointing Maggie Stine to the City Personnel
               Board for a five-year term expiring June 22, 2012.

44)  07R-124   Reappointing Wayne Heyen and Carol Swigart to the
               Air Pollution Control Advisory Board for three-
               year terms expiring November 1, 2010.

45)  07R-125   Appointing Jay Snyder to the Air Pollution Control
               Advisory Board to fill an unexpired three-year
               term expiring November 1, 2007 and an additional
               three-year term expiring November 1, 2010.
               Attachment (47K)

46)  07R-126   Comprehensive Plan Conformance 07012 - Adopting
               the South Street Redevelopment Plan on property
               generally bounded by Plum Street on the north,
               extending to Rose Street between 6th and 8th
               Streets, 6th Street to the west, Saratoga Street
               to the south and 17th Street to the east.
               Fact Sheet (230K)
               Attachment (2446K)


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 (6/20/07)  PRIOR TO THE NEXT
     FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE
     SESSION WHICH IS 6/25/07.


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 JUNE ARE THE 11TH AND THE 25TH.    


ADJOURNMENT    8:43 P.M.


ANNOUNCEMENTS:
     Open Microphone Sessions for July are the 9th and the 30th.
     Deadline to register to speak is Tuesday July 3rd at 10:00 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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