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Formal Agenda


                    PRESENT CITY COUNCIL

      ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
              MONDAY, MAY 14, 2007 AT 1:30 P.M.

                     ALL MEMBERS PRESENT

 THERE WILL BE NO MEETING THE WEEK OF MAY 28TH DUE TO HOLIDAY
    THE NIGHT MEETING WILL BE MONDAY, MAY 21ST AT 5:30 P.M.


PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of CaNaKa, Inc. dba The Restaurant
               Featuring The Other Room for a Class C liquor
               license at 500 West Gate Boulevard. 
               (ADOPTED FOR APPROVAL, 7-0; A-84359)

2)             Manager application of Michael J. Michel for
               CaNaKa, Inc. dba The Restaurant featuring The
               Other Room, at 500 West Gate Boulevard. 
               (ADOPTED FOR APPROVAL, 7-0; A-84360)

3)             Application of Yong Son dba O Yummy for a Class C
               liquor license at 5571 South 48th Street. 
               (ADOPTED FOR APPROVAL, 7-0; A-84361)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)

     NONE


PUBLIC HEARING - RESOLUTIONS

4)   07R-100   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of April 16 - 30,
               2007. (ADOPTED, 7-0; A-84362)
               Fact Sheet (13K)
               Attachment (18K)

5)   07R-101   Approving Conservation Easements for the
               preservation and enhancement of green space and
               associated agreements over Outlot B, Apples Way
               Addition and Outlot A, Artisan Meadows Addition,
               generally located southwest of Highway 2 and
               Apples Way. (ADOPTED, 7-0; A-84363)
               Fact Sheet (58K)
               Attachment (1024K)

6)   07R-108   Approving a transfer of appropriations in the
               amount of $5,000.00 from General Fund, Account
               01001.5989 (Discretionary Funds of Annette McRoy)
               to Fund 409425.6138, Parks & Recreation
               Department, for Trago Park sprayground equipment;
               in the amount of $5,000.00 from General Fund,
               Account 01001.5989 to Fund 18002.5878, Problem
               Resolution Team (PRT); in the amount of $5,000.00
               from General Fund, Account 01001.5989 to Fund
               295204.5259, Lincoln Police Department for the
               Neighborhood Watch Program; and in the amount of
               $1,000.00 from General Fund, Account 01001.5989 to
               Fund 01001.5989, Dan Marvin Discretionary Funds.
               (Request to waive Council Rules for Action
               5/14/07) (RULES WAIVED TO HAVE ACTION ON THIS 
               DATE, 7-0; ADOPTED, 7-0; A-84364)

7)   07R-109   Approving a transfer of appropriations in the
               amount of $2,269.35 from General Fund, Account
               01001.5989 (Discretionary Funds of Patte Newman)
               to Account 18002.5878, Problem Resolution Team
               (PRT).  (Request to waive Council Rules for
               Action 5/14/07) (RULES WAIVED TO HAVE ACTION ON  
               THIS DATE, 7-0;  ADOPTED, 7-0; A-84365)


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

8)   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)
               (P.H. W/ACTION DELAYED TO 7/23/07, 6-1; 
               NEWMAN DISSENTING)
               Fact Sheet (1439K)

9)   07-72     Amending the pay schedule of employees whose
               classification is assigned to the pay range
               which is prefixed by the letter M by changing
               the pay range for the job classification of
               "Internal Auditor."  (PASSED, 7-0; #18925)
               Fact Sheet (48K)


PENDING LIST - DATE CERTAIN

10)  07-66     Amending Chapter 14.70 of the Lincoln
               Municipal Code relating to Excavations by
               amending Section 14.70.010 to authorize
               conditions to be placed in excavation permits
               that are for the public interest, and adding
               a new section numbered 14.70.015 to set forth
               specific conditions and requirements to be
               placed on excavation permits that are
               reasonably necessary for the public interest.
               (4/30/07 - P.H. & 2nd Reading con't to
               5/21/07)
               Fact Sheet (15K)

11)  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)


PENDING LIST   EXTENDED ONE WEEK

12)  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)

13)  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)

14)  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)

15)  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)

16)  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)

17)  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)

18)  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)

19)  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)

20)  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)

21)  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)


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 (5/9/07) PRIOR TO 
     THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN 
     MICROPHONE SESSION WHICH IS 5/14/07.


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 MAY ARE THE 14TH AND THE 21ST.


ADJOURNMENT    1:43 P.M.




                        NEW CITY COUNCIL

       ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, MAY 14, 2007 AT 1:30 P.M.
(Immediately Following The Adjournment of the Present City Council Meeting)

                       ALL MEMBERS PRESENT

        OATH OF OFFICE - NEWLY ELECTED MAYOR - CHRIS BEUTLER
   OATH OF OFFICE - NEW ELECTED AND RE-ELECTED CITY COUNCIL MEMBERS -
         DOUG EMERY, JOHN SPATZ, JON CAMP, JONATHAN COOK

Election of Chairperson (Mayor Beutler Acts as Council Chair
and Calls for Nominations from Council members)

     DAN MARVIN ELECTED AS COUNCIL CHAIR, 7-0.

Election of Vice Chairperson (Elected Chair Calls for Nominations
from Council members)

     ROBIN ESCHLIMAN ELECTED AS VICE CHAIR, 7-0.


PUBLIC HEARING - RESOLUTIONS

1)   07R-105   A resolution in appreciation of Coleen J. Seng
               for her service to the City as Mayor. 
               (ADOPTED, 7-0; A-84366)

2)   07R-106   A resolution in appreciation of Annette McRoy for
               her service to the City as a member of the City
               Council. (ADOPTED, 7-0; A-84367)

3)   07R-107   A resolution in appreciation of Patte Newman for
               her service to the City as a member of the City
               Council. (ADOPTED, 7-0; A-84368)


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


                    - CONSENT AGENDA -


PETITIONS & COMMUNICATIONS

4)             THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPARTMENT:               
               Change of Zone No. 07018 - Application of
               Rega Engineering, Glynoaks Plaza Planned Unit
               Development, for a change from AG Agricultural
               District to R-3 Residential District to allow
               approx. 67 dwelling units and approx. 285,000 sq.
               ft. of office and commercial floor area on
               property generally located at S. 84th Street 
               and Glynoaks Drive.
               Change of Zone No. 07025 - Application of
               Nebraska Nurseries, Inc., for a change from R-3
               Residential District to B-2 Planned Neighborhood
               Business District, on property generally located
               at S. 80th St. and Pioneers Boulevard.
               Change of Zone No. 07026 - Application of
               HWS Consulting Group, for a change from AG
               Agricultural District to R-3 Residential District;
               from R-3 Residential District to R-5 Residential
               District; and from AG Agricultural District to R-5
               Residential District; on property generally
               located at NW 48th Street and W. Cuming
               Street.
               Change of Zone No. 07027 - Application of
               J. Michael Rierden, for a change from R-4
               Residential District to B-3 Commercial District,
               on property generally located at the SE corner of
               S. 9th St. and South Street.
               Change of Zone No. 07028 - Application of
               Hidden Valley Estates, LLC, for a change from AG
               Agricultural District to AGR Agricultural
               Residential District on property generally located
               at S. 112th St. and Pine Lake Road.
               Special Permit No. 1692D - Application of
               Olsson Associates, Wilderness Ridge Community Unit
               Plan, for an amendment to the lot layout adjacent
               to Large's Court, requesting to waive the width
               and depth requirements on property generally
               located in the SW corner of S. 27th St.
               and Yankee Hill Road.
               Special Permit No. 06061A - Application of
               Hidden Valley Estates, LLC, Hidden Valley Estates
               1st Addition Community Unit Plan, requesting
               an amendment to add 14 lots on property
               generally located at S. 112th St. and
               Pine Lake Road.


5)        MISCELLANEOUS REFERRALS - NONE


REPORTS OF CITY OFFICERS

6)             Affidavit of Mailing for Board of Equalization on
               the North 27th Street Business
               Maintenance District.  (PLACED ON FILE)

7)             Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on May 7, 
               2007.  (PLACED ON FILE)

                    - END CONSENT AGENDA -

                    - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 8 
THRU 15 HAD 1ST READING)

8)   07-54     Amending Chapter 6.02 of the LMC relating to
               Animal Control Definitions to clarify
               language allowing commercial boarding kennels
               within the city limits by adding definitions
               for "animal hospital or clinic" and
               "veterinary hospital or clinic" and amending
               the current definition of "commercial
               boarding kennel" to provide that all
               commercial boarding kennels operating within
               the city limits shall be licensed under the
               laws of the State of Nebraska; amending
               Section 6.04.165 of the LMC to set forth
               restrictions for commercial boarding kennels
               and groom shops located within the city
               limits; and amending Section 6.08.310 of the
               LMC to provide an exception for commercial
               boarding kennels from the kennels prohibited
               in the City of Lincoln. (Related Items:
               07-54, 07-57)
               Fact Sheet (80K)

9)   07-57     Change of Zone 06084 - Amending Title 27 of
               the Lincoln Municipal Code relating to Zoning
               by amending Chapter 27.03 to add definitions
               for "animal hospital," "animal hospital,
               indoor," "boarding," "kennel," "kennel,
               indoor," "indoors," and "outdoor exercise
               area" associated with an indoor hospital or
               indoor kennel; amending Sections 27.29.020,
               27.31.030, 27.33.020, 27.41.020, 27.43.020,
               and 27.45.020, to add indoor animal hospitals
               and indoor kennels as a permitted use;
               amending Sections 27.43.040 and 27.45.030 to
               add outdoor exercise area associated with an
               indoor animal hospital or indoor kennel as a
               permitted special use; amending Section
               27.63.470 to add indoor animal hospitals,
               indoor kennels, and outdoor exercise areas
               associated with an indoor animal hospital or
               indoor kennel as an allowed used under a
               special permit for planned service commercial
               development; and adding a new section
               numbered 27.63.780 to create a special permit
               for outdoor exercise areas associated with an
               indoor animal hospital or indoor kennel.
               (Related Items: 07-54, 07-57)
               Fact Sheet (1257K)

10)  07-76     Declaring approximately 1.02 acres generally
               located at the southwest corner of Highway 66
               and Highway 6, Ashland, Nebraska as surplus
               property.
               Fact Sheet (249K)

11)  07-77     Change of Zone 07020 - Application of Casey's
               Retail Company for a change of zone from R-2
               Residential District to B-1 Local Business
               District on property generally located at
               North 70th Street and Havelock Avenue.
               Fact Sheet (434K)

12)  07-78     Misc. 07004 - Amending Title 26 of the
               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)
               Fact Sheet (481K)

13)  07-79     Change of Zone 07015 - Amending Section
               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)
               Fact Sheet (475K)

14)  07-80     Creating a new Title 28 "Stormwater Quality
               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)
               Fact Sheet (98K)

15)  07R-102   Misc. 07005 - Amending the City of Lincoln Design
               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)
               Fact Sheet (540K)
               Attachment (17K)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON  MONDAY, MAY 21, 2007 AT 5:30 P.M.:
                                                    (APPROVED, 7-0)

16)  07R-99    Assessing property owners for the cost of snow
               removal by the City from sidewalks adjacent to
               their property during the winter of 2006-2007.
               Fact Sheet (57K)
               Attachment (117K)

17)  07R-103   Vacation 07004 - Vacating two portions (.26 and
               .15 acres) of Rokeby Road at its intersection with
               Breagan Road and the railroad crossing. 
               Fact Sheet (664K)

18)  07R-104   Approving a Redevelopment and Limited Term Use
               Restrictions Agreement between the City of Lincoln
               and David A. Wood for construction of an office
               building with warehouse space on property
               generally located at 2600 West M Court within the
               West O Redevelopment Plan.
               Attachment (28K)


ADJOURNMENT    2:12 P.M.


There will be NO Open Microphone Session at the end of this Meeting.



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