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Formal Agenda

 

      ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, JULY 25, 2005 AT 5:30 P.M.
                                        
                 ALL PRESENT EXCEPT MARVIN 
       
PUBLIC HEARING                                           
LIQUOR RESOLUTIONS
 
1)             Application of Allen Enterprises Inc. dba Earls
               Tavern for an addition of an outside beer garden
               measuring approximately 20' by 24 ' on the south
               side of the building at 5555 Superior Street.
               (7/18/05 - P.H. & Action con't. 1 wk to
               7/25/05) (ADOPTED FOR APPROVAL, 6-0; A-83437)


PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS  (ITEMS 2 THROUGH 7     
 	HAD 2ND READING)
      
2)   05-91     Annexation 04001 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 77 acres of property generally
               located south of Humphrey Avenue and east of
               North 14th Street. (In connection
               w/05R-157, 05-92)
               Fact Sheet (380K)

3)   05R-157   Approving the Stone Bridge Creek 1st
               Conditional Annexation and Zoning Agreement
               between the city and Stone Bridge Creek, LLC,
               relating to the annexation of approximately 77
               acres, generally located south of Humphrey Avenue
               and east of North 14th Street. (In
               connection w/05-91, 05-92) 
               (Action Date: 8/1/05)
               Attachment (22K)

4)   05-92     Change of Zone 04007 - Application of Stone
               Bridge Creek LLC for a change of zone from AG
               Agricultural District to R-3 Residential
               District and R-5 Residential District on
               property generally located south of Humphrey
               Avenue and east of North 14th
               Street. (In connection w/05-91, 05R-157)
               Fact Sheet (434K)

5)   05-98     Change of Zone 05044 - Application of Urban
               Development Department for a change of zone
               from B-3 Commercial District to R-4
               Residential District, on property
               approximately two blocks within the
               University Place Neighborhood generally
               located between Cleveland and Baldwin
               Avenues, on the west side of 47th Street.
               Fact Sheet (312K)

6)   05-99     Change of Zone 05046 - Application of
               Pierson, Fitchett, Hunzeker, Blake and Katt
               to amend Lincoln Municipal Code §
               27.71.080 to allow fences to a maximum height
               of 102 inches under certain conditions.
               Fact Sheet (74K)

7)   05-100    Change of Zone 05047 - Application of the Planning
               Director to amend Lincoln Municipal Code §
               27.45.070 to change the maximum height in the H-4
               General Commercial District from 35 feet to 45
               feet. 
               Fact Sheet (153K)


PUBLIC HEARING - RESOLUTIONS

8)   05R-159   Establishing the name of the pedestrian/bicycle
               bridge between the Haymarket District and
               Haymarket Park as the "Bereuter Pedestrian
               Bridge."
               Fact Sheet (22K)
               (ADOPTED, 6-0; A-83438)

9)   05R-160   Hearing on Brett Joseph's Notice of Appeal
     Denial    appealing from the impact fee determination of
               Impact Fees imposed for the single-family dwelling
               located at 1445 N. 22nd Street and requesting a
               waiver or reduction of said fees.
  	       (DELAYED ONE WEEK W/PUB. HEARING & ACTION TO 8/1/05,            	         6-0)

10)  05R-161   Hearing on Dan Hoffman's Notice of Appeal
     Approval  appealing from the impact fee determination of
     Denial    Impact Fees imposed for the single-family dwelling
               located at 2464 Woodscrest Ave. and requesting a
               waiver or reduction of said fees.
               (ADOPTED FOR APPROVAL, 6-0; A-83439)

11)  05R-162   Appeal of Gary Detweiler from the Planning
     Approval  Commission approval of Special Permit No. 05028
     Denial    for authority to sell alcoholic beverages for
               consumption on the premises at The Bristo Ballroom
               at 2102 Adams Street.
               (ADOPTED FOR DENIAL, 6-0; A-83440)

12)  05R-163   Appeal of Cindy J. Swanson from the Planning
     Approval  Commission denial of Special Permit No. 05032 for
     Denial    authority to expand a non-conforming use to allow
               an outdoor beer garden at The Library Lounge at
               6891 A Street, Suite 200.
               (DELAYED THREE WEEKS W/PUB. HEARING & ACTION TO 
               8/15/05, 6-0)
               Fact Sheet (919K)

13)  05R-164   Waiver 05007 - Application of Austin Realty
               Company to waive the sidewalk requirements in the
               Crossbridge 1st Addition preliminary plat on
               property generally located at N. 27th Street and
               Fletcher Ave.
               Fact Sheet (230K)
               (AMENDED, 6-0; ADOPTED AS AMENDED, 6-0; A-83441)

14)  05R-165   Misc. 05012 - Application of Developmental
               Services of Nebraska, Inc. to allow a group home
               in the R-1 Residential District to locate within
               the required ½ mile separation from another
               group home, on property generally located at 4000
               Lindsey Circle.
               Fact Sheet (210K)
               (DELAYED THREE WEEKS W/PUB. HEARING & ACTION TO
               8/15/05, 5-1; ESCHLIMAN DISSENTING)

15)  05R-166   Amending the standards from the State Board of
               Public Roads Classifications and Standards to
               allow the use of eleven foot wide lanes in City
               Project 701780, O Street, 42nd to 52nd Street;
               Antelope Valley Project CM-55(142), North-South
               Roadway K to Q Streets; and Antelope Valley
               Project STPC-34-6(135), O Street Bridge and
               Roadway, to minimize impact of roadway improvement
               on adjacent properties for the three projects.
               Fact Sheet (62K)
               (ADOPTED, 6-0; A-83442)

16)  05R-167   Approving a revised schedule for water fees and
               service charges for the Lincoln Water System.
               (ACTION DATE: 8/1/05)
               Fact Sheet (63K)
               

17)  05R-168   Approving a revised schedule for wastewater fees
               and service charges for the Lincoln Wastewater
               System. (ACTION DATE: 8/1/05)
               Fact Sheet (59K)
               

                         - END OF PUBLIC HEARING -


CONSENT AGENDA:  

PETITIONS & COMMUNICATIONS

18)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING 
               DEPT.: 
               Change of Zone 05049 - App. of Aspen, a Nebraska
                   General Partnership,from O-3 Office Park District                              
                   to B-2 Planned Neighborhood Business District on 
                   property located at S. 56th Street and Pine
                   Lake Road.
               Use Permit 97A - App. of Aspen, a Nebraska General
                   Partnership,  for an amendment to adjust land use 
                   table and setbacks on property located at S.
                   56th Street and Pine Lake Road.
               Change of Zone 05051 - App. of Stone Bridge Creek,
                   LLC from AG Agricultural District to R-3 
                   Residential District and AG Agricultural District 
                   to R-5 Residential District on property located at
                   N. 15th Street and Humphrey Avenue.
               Change of Zone 05022 - App. of Prairie Homes  from
                   AG Agricultural District to R-3 Residential 
                   District on property located at NW 12th Street and 
                   Alvo Road.
              Use Permit 04008 - App. of Geico Development, Inc.
                   for two office/medical buildings w/waiver requests 
                   to allow lots without frontage and access to a
                   public street on property located at SW
                   17th Street and West A Street.
               Change of Zone 04085 - App. of Geico Development,
                   Inc. from R-2 Residential District to R-T 
                   Residential Transition District on property located 
                   at SW 17th Street and West A Street.
               Change of Zone 05050 - App of Lincoln Sports
                   Foundation from AG Agricultural District to H-2 
                   Highway Business District on property located at N.
                   70th Street and Arbor Road.
               Pre-Existing Special Permit 28B - App.  of Union
                   College for an amendment to expand the area by 
                   adding property located at S. 48th Street
                   and Stockwell Street.
               Change of Zone 05052 - App. of Universal Companies
                   LLC, Universal Addition Planned Unit Development                
                   District designation of said property and for 
                   approval of a development plan which proposes
                   modifications to the Zoning Ordinance and
                   Land Subdivision Ordinance to allow 370,000
                   square feet of floor area in the underlying
                   I-2 zoned area located at S. 14th Street and 
                   Pioneers Boulevard.
               Special Permit 05035 - App. of SRS, Inc. dba Arnold's 
                   Tavern for an expansion of a non-conforming use for 
                   the consumption of alcohol on the premises
                   located at N. 61st Street and Havelock Avenue.
               Use Permit 154A - App. of Lincoln Federal Bancorp,
                   Inc,. for an amendment to the Wilderness Hills 
                   Commercial Center for waivers to adjust the 
                   setbacks and to allow parking in the required side 
                   yard in the B-2 located at S. 27th Street
                   and Yankee Hill Road.
               Special Permit 277I - App. of Pine Lake Golf and
                   Tennis Club for an amendment to adjust the front 
                   setback to allow a sign located at S. 84th
                   Street and Pine Lake Road.


19)  MISCELLANEOUS REFERRALS

               Clerk's Letter and Mayor's Approval of Resolutions and            
               Ordinances passed by the City Council on July 18, 2005.   
               (PLACED ON FILE)


REPORTS OF CITY OFFICERS


                 - END CONSENT AGENDA -


ORDINANCES - 1ST READING   (ITEMS 20 THROUGH 32 HAD 1ST READING)

20)  05-101    Authorizing the execution and delivery of a Lease-
               Purchase Agreement with Union Bank & Trust
               Company, Lincoln, Nebraska, in an amount not to
               exceed $2,000,000 for the acquisition by the City
               of street lighting equipment.

21)  05-113    Authorizing and providing for the issuance of
               Electric System Revenue Notes in an aggregate
               principal amount of not to exceed $150,000,000
               from time to time outstanding. (Request 2nd &
               3rd Readings 8/1/05)

22)  05-102    Approving a five-year/3,500 hour lease/purchase
               agreement between the City and Deere Credit Inc.
               to provide a 90-horse power class backhoe loader
               for use by the Public Works & Utilities Water
               Division in construction and maintenance projects.
               Fact Sheet (58K)
               Attachment (199K)

23)  05-103    Approving an Interlocal Agreement between the City
               and Lincoln Public Schools to share space for
               joint programming (for the operation of a Teen
               Center) at Park Middle School.
               Fact Sheet (65K)
               Attachment (168K)

24)  05-104    Amending the pay schedule for the employee group
               whose classifications are assigned to the pay
               range prefixed by the letter N to adjust the
               schedules of annual, monthly, biweekly and hourly
               pay range equivalents.
               Fact Sheet (137K)
               Attachment (384K)

25)  05-105    Amending the pay schedule for the employee group
               whose classifications are assigned to the pay
               range prefixed by the letter X to adjust the
               schedules of annual, monthly, biweekly and hourly
               pay range equivalents.
               Fact Sheet (137K)
               Attachment (150K)

26)  05-106    Amending the pay schedule for the employee group
               whose classifications are assigned to the pay
               range prefixed by the letter E to adjust the
               schedules of annual, monthly, biweekly and hourly
               pay range equivalents.
               Fact Sheet (137K)
               Attachment (49K)

27)  05-107    Amending the pay schedule for the employee group
               whose classifications are assigned to the pay
               range prefixed by the letter M to adjust the
               schedules of annual, monthly, biweekly and hourly
               pay range equivalents.
               Fact Sheet (137K)
               Attachment (127K)

28)  05-108    Amending the pay schedule for the employee group
               whose classifications are assigned to the pay
               range prefixed by the letter F to adjust the
               schedules of annual, monthly, biweekly and hourly
               pay range equivalents.
               Fact Sheet (140K)
               Attachment (33K)

29)  05-109    Amending the pay schedule for the employee group
               whose classifications are assigned to the pay
               range prefixed by the letter B to adjust the
               schedules of annual, monthly, biweekly and hourly
               pay range equivalents.
               Fact Sheet (137K)
               Attachment (24K)

30)  05-110    Amending the pay schedule for the employee group
               whose classifications are assigned to the pay
               range prefixed by the letter P to adjust the
               schedules of annual, monthly, biweekly and hourly
               pay range equivalents.
               Fact Sheet (137K)
               Attachment (31K)

31)  05-111    Amending the pay schedule for the employee group
               whose classifications are assigned to the pay
               range prefixed by the letters A and C to adjust
               the schedules of annual, monthly, biweekly and
               hourly pay range equivalents.
               Fact Sheet (137K)
               Attachment (825K)
     
32)  05-112    Amending Lincoln Municipal Code § 2.76.040
               updating definitions; § 2.76.135 to establish step 
               pay plans for A and C classifications;§§ 
               2.76.145 & 2.76.150  to provide consistency with other 
               step plans; § 2.76.153 to increase shift 
               differential; § 2.76.155 to increase longevity 
               pay; § 2.76.160 to delete reference to 
               classifications beginning with the letters A and C;
               § 2.76.200 to amend out of class pay to coordinate
               with the step plan; § 2.76.380 to amend
               provisions related to sick leave payout; and
               § 2.76.395 to amend provisions relating to
               vacation leave. 
               Fact Sheet (138K)


ORDINANCES - 3RD READING

33)  05-89     Repealing Ordinance No. 18399 creating Ornamental 
               Lighting District No. 287 in West Charleston, N. 1st 
               Street west approximately 1,100 feet, due to
               the lack of majority petition.
               Fact Sheet (59K)
               (PASSED, 6-0; #18574)

34)  05-90     Declaring a tract of land consisting of .54
               acres, more or less, as surplus property
               generally located at 601 N. 27th Street.
               Fact Sheet (663K)
               (PASSED, 6-0; #18575)

35)  05-93     Change of Zone 05039 - Application of Austin
               Realty Company for a change of zone from B-2
               Planned Neighborhood Business to H-3 Highway
               Commercial on property generally located at
               N. 27th Street south of Folkways Blvd. 
               Fact Sheet (717K)
               (PASSED, 6-0; 318576)

36)  05-94     Change of Zone 05043 - Application of Gregg
               and Cindy Trautman for a change of zone from
               R-4 Residential to R-T Residential Transition
               on property generally located southwest of
               the intersection of S. 37th Street and O
               Street.
               Fact Sheet (722K)
               (PASSED, 6-0; 318577)

37)  05-95     Approving the Third Amendment to First
               Amended and Restated Lease and Operating
               Agreement -- Burnham Yates Conference Center
               relating to upgrading conference center
               facilities and providing for the expenditure
               of existing TIF funds and providing for
               funding by the redeveloper.
               Attachment (11K)
               (PASSED, 6-0; #18578)


PENDING LIST - DATE CERTAIN

38)  05R-121   Approving an Agreement between the City
               and the Nebraska Dept. of Roads so that
               federal and state funding may be used
               for the Design and Construction of the
               Safety Improvement Project at the
               intersections of 9th and 10th Streets at
               Van Dorn Street. (6/20/05 - P.H.
               Con't. to 6/27/05) (6/27/05 -
               Placed on Pending to 8/1/05 w/P.H.)
               Fact Sheet (79K)
               Attachment (462K)

39)  05R-134   Comp. Plan Amendment No. 05014 - Amending the
               Lincoln/Lancaster County Comprehensive Plan by
               deleting references to the Theater Policy and
               entertainment in the Downtown, and by deleting one
               statement requiring market studies for proposed
               new theaters outside of the Downtown area. (In
               connection w/05-85, 05-86, 05R-135, 05R-136)
               (Action Date: 7/11/05) (6/20/05 - Placed on
               Pending to 7/25/05 with P.H.) (7/11/05 - Pending
               to 8/29/05 w/P.H.)
               Fact Sheet (1425K)

40)  05-85     Amending Section 27.63.630(c) of the Lincoln
               Municipal Code Zoning Ordinance for theaters
               in the B-5 Planned Regional Business
               District, to allow theaters with more than
               six screens, provided they are located
               outside a 6.5 mile radius measured from the
               center of the intersection of 13th and O
               Streets. (In connection w/05-86, 05R-134,
               05R-135, 05R-136) (6/20/05 - Placed on Pending 
               to 7/25/05 with P.H.) (7/11/05 - Pending to
               8/29/05 w/P.H.) 
               Fact Sheet (370K)

41)  05-86     Change of Zone 05036 - Application of Eiger
               Corporation for a change of zone from AG
               Agricultural District to B-5 Planned Regional
               Business District on property generally
               located at South 91st Street and Pine Lake
               Road. (In connection w/05R-134, 05-85, 05-86,
               05R-135, 05R-136) (6/20/05 - Placed on Pending 
               to 7/25/05 with P.H.) (7/11/05 - Pending to 
               8/29/05 w/P.H.) 
               Fact Sheet (408K)

42)  05R-135   Appeal of Eiger Corporation from the Planning
               Commission denial of Special Permit 05023 to
               construct an 80,000 sq. ft. theater complex with
               18 screens in the B-5 zoning district, on property
               generally located at S. 91st Street and Pine Lake
               Road. (In connection w/05R-134, 05-85, 05-86,
               05R-136) (Action Date: 7/11/05) (6/20/05 - Placed
               on Pending to 7/25/05 with P.H.) (7/11/05 -
               Pending to 8/29/05 w/P.H.) 
               Fact Sheet (672K)

43)  05R-136   Appeal of Eiger Corporation from the Planning
               Commission denial of Use Permit 140B to allow
               950,983 sq. ft. of commercial and office
               floor area, on property generally located at
               S. 91st Street and Pine Lake Road.(In
               connection w/05R-134, 05R-135, 05-85, 05-86)
               (Action Date: 7/11/05) (6/20/05 -
               Placed on Pending to 7/25/05 with P.H.)
               (7/11/05 - Pending to 8/29/05 w/P.H.)
               Fact Sheet (1046K)


PENDING LIST  (EXTENDED ONE WEEK)

44)  01-39     Vacating the south 40' of X St. adjacent to
               Lot 1, Block 6, North Lincoln Add., generally
               located at N. 9th & X Sts.  (4/2/01 - Action
               delayed for two weeks to 4/16/01)  (4/16/01 -
               Placed on pending for 3 months 7/16/01)
               (7/9/01 - To remain on Pending)
               Fact Sheet (1194K)
                         
45)  02-31     Vacating a 5' x 30'6" portion of North 7th
               Street adjacent to the south 37' of Lot 9,
               Block 32, Original Plat of Lincoln, generally
               located at N. 7th and P Streets.  (3/18/02 -
               Public Hearing Cont'd. w/3rd Reading) 
               (3/25/02- Action delayed to 4/8/02) (In
               connection w/02R-64) (4/8/02 - Placed on
               Pending until policy recommendation from
               Urban Development)
               Fact Sheet (699K)

46)  02-114    Amending Chapter 2.54 of the Lincoln Municipal
               Code by adding a new section entitled "Standards
               of Ethical Conduct for Employees and Elected
               Officials" to supplement the existing conflicts of
               interest regulations. (7/29/02 - Placed on
               Pending until a committee is formed)
               Fact Sheet (3K)

47)  04-188    Annexation 03001 - Amending the Lincoln Corporate
               Limits Map by annexing approximately 214 acres of
               property generally located at North 56th Street
               and Arbor Road. (In connection 04R-273, 04-189,
               04R-272) (10/11/04 - Placed on Pending Indefinitely)
               Fact Sheet (237K)

48)  04R-273   Approving the North Bank Junction Annexation and
               Zoning Agreement between the City and Roger &
               Eldonna Schwisow and Hartland Homes, Inc. relating
               to the annexation of approximately 214 acres on
               property generally located at North 56th Street
               and Arbor Road. (In connection w/04-188, 04-
               189, 04R-272) (10/11/04 - Placed on Pending
               Indefinitely)
               Attachment (527K)

49)  04-189    Change of Zone 3398 - Application of Hartland
               Homes, Inc., Rodger & Eldonna Schwisow for a
               change of zone from AG Agricultural to R-3
               Residential for approximately 123 acres and H-4
               General Commercial for approximately 21 acres on
               property generally located at North 56th Street
               and Arbor Road. (In connection w/04-188, 04R-273,
               04R-272) (10/11/04 - Placed on Pending Indefinitely)
               Fact Sheet (217K)

50)  04R-272   Special Permit 2004 - Application of Hartland
               Homes, Inc., Rodger & Eldonna Schwisow to develop
               125,000 sq. ft. of planned service commercial
               floor area, with variances to the rear and side
               yard setback requirements on property located at
               North 56th Street and Arbor Road. (In connection
               w/04-188, 04R-273, 04R-189, 04R-272) (10/11/04 -
               Placed on Pending Indefinitely)
               Fact Sheet (535K)

51)  05R-29    Application of Capital Humane Society for a waiver
               of Lincoln Municipal Code Chapter 2.81 Living Wage
               Ordinance. (2/14/05 - Pending, No Date Certain)        
               Fact Sheet (38K)
               Attachment (657K)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON  MONDAY, AUGUST 1, 2005 AT 1:30 P.M.: 
							APPROVED, 6-0)

52)  05R-171   Approving the City of Lincoln Federal Transit
               Authority Program for Drug and Alcohol testing for
               mass transit workers in safety sensitive
               functions.
               Fact Sheet (138K)
               Attachment (6K)

53)  05R-172   Reappointing John Ludden, Phyllis Bovee, and
               Bonnie Armstrong to the Lincoln Area Agency on
               Aging Advisory Council for three-year terms to
               expire July 1, 2008.

54)  05R-173   Appointing Jon Rehm to the Cable Advisory Board
               for a three-year term expiring July 1, 2008.
               Attachment (26K)

55)  05R-174   Appointing Modesta Putla to the Multicultural
               Advisory Committee to fill an unexpired term
               expiring September 18, 2006.
               Attachment (29K)

56)  05R-175   Appointing Dawneane Munn to the Lincoln Area
               Agency on Aging Advisory Council for a three-year
               term expiring July 1, 2008.
               Attachment (19K)

57)  05R-176   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of July 1 - 15,
               2005.
               Fact Sheet (13K)
               Attachment (22K)

58)  05R-177   Approving an Interlocal Agreement between the City
               of Lincoln and Lancaster County for the
               reconstruction of Rokeby Road from a point 500'
               east of South 98th Street to a point 1100 feet
               east of South 98th Street.
               Attachment (519K)

59)  05R-178   Approving the removal of the existing barricade in
               Cumberland Drive at the common line of Colonial
               Acres 2nd Addition and Jerrold Heights 2nd
               Addition.

60)  05R-179   Approving the 2005-06 Work Plan for the Interlocal
               Agreement on Stormwater Management between the
               City and Lower Platte South Natural Resources
               District regarding stormwater quality and quantity
               issues.
               Fact Sheet (56K)
               Attachment (167K)

61)  05R-180   Approving a labor contract between the City of
               Lincoln and the Lincoln City Employees Association
               to be effective August 11, 2005.
               Fact Sheet (137K)

62)  05R-181   Approving a labor contract between the City and
               the Lincoln Police Union to be effective August
               11, 2005.
               Fact Sheet (137K)

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 BY 10:00 A.M. ON THE WEDNESDAY
(7/27/05) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING
(8/1/05).


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 THIS TIME. THE OPEN MICROPHONE SESSIONS FOR JULY WILL BE
THE 11TH AND 25TH.


ADJOURNMENT 8:40 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.

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Internet at:
                          lincoln.ne.gov
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City Council