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Formal Agenda


       ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, MAY 21, 2007 AT 5:30 P.M.

   THERE WILL BE NO MEETING THE WEEK OF MAY 28TH DUE TO HOLIDAY
             PRESENTATION BY LINCOLN POLICE CHIEF TOM CASADY
                   2007 JUSTICE ASSISTANCE GRANT
                  (Public Comments Are Welcomed) 


                     ALL MEMBERS PRESENT      
                     
PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of Casey's Retail Company dba Casey's
               General Store 2724 for reconstruction of its
               presently licensed Class B premises to read as a
               one story building measuring approximately 40 feet
               by 69 feet at 3003 N. 70th Street. (ADOPTED FOR
               APPROVAL, 7-0; A-84369)

2)             Application of Casey's Retail Company dba Casey's
               General Store 2720 for reconstruction of its
               presently licensed Class B premises to read as a
               one story irregular shaped building measuring
               approximately 40 feet by 76 feet at 1001 S. 13th
               Street.(ADOPTED FOR APPROVAL, 7-0; A-84370)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)(ITEMS
3 THRU 11 HAD 2ND READING)

 3)  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)

4)   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)

5)   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)

6)   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)

7)   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)

8)   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)

9)   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)

10)  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)

11)  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)


PUBLIC HEARING - RESOLUTIONS

12)  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. (ADOPTED, 7-0;
               A-84371)
               Fact Sheet (57K)
               Attachment (117K)
		    

13)  07R-103   Vacation 07004 - Vacating two portions (.26 and
               .15 acres) of Rokeby Road at its intersection with
               Breagan Road and the railroad crossing. (ADOPTED,
               7-0; A-84372) 
               Fact Sheet (664K)         

14)  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.(ADOPTED, 6-1; CAMP 
               DISSENTING; A-84373)
               Attachment (28K)


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

                        CONSENT AGENDA

PETITIONS & COMMUNICATIONS

15)            Setting the Hearing Date of Monday, June 4, 2007
               at 1:30 p.m. for Manager Application of Brooke
               Barnes for Granite City Food & Brewery LTD dba
               Granite City Food & Brewery located at 6150 O
               Street. (ADOPTED, 7-0; A-84374)

16)            Setting the Hearing Date of Monday, June 4, 2007
               at 1:30 p.m. for Application of Lincoln Pub Group,
               Inc. dba The N-Zone & The Catering Zone for a
               Class CK liquor license located at 728 ½ Q
               Street.(ADOPTED, 7-0; A-84375)

17)            Setting the Hearing Date of Monday, June 4, 2007
               at 1:30 p.m. for MI Investments, LLC dba Five
               Willows for a Class I liquor license located at
               4747 Pioneers Blvd.(ADOPTED, 7-0; A-84376)

18)            Setting the Hearing Date of Monday, June 4, 2007
               at 1:30 p.m. for Manager Application of Donald E.
               Sousek for Bruno Enterprises, Inc Too dba
               Buffalo Wild Wings Grill and Bar located at 1328 P
               Street and 7301 S. 27th Street.(ADOPTED, 7-0;
               A-84377)

19)            Setting the Hearing Date of Monday, June 4, 2007
               at 1:30 p.m. for Application of Mary's Place, Inc.
               dba Mary's Place for an addition to premise
               located at 1920 West O Street.(ADOPTED, 7-0;
               A-84378)

20)            Setting the Hearing Date of Monday, June 11, 2007
               for Application of My Piezano's LLC dba Piezano's
               for a Class I liquor license located at 2740 South
               Street. (ADOPTED, 7-0; A-84379)


21)     MISCELLANEOUS REFERRALS



REPORTS OF CITY OFFICERS

22)            Clerk's Letter and Mayor's Approval of Ordinances
               and Resolutions passed by the Council, prior to
               the swearing in of Mayor-Elect Chris  Beutler, on
               May 14, 2007. (PLACED ON FILE)

23)            Resolution assessing the costs of  the North 27th
               Street Maintenance Business District against the
               benefitted properties. (ADOPTED, 7-0; A-84380)

                      - END CONSENT AGENDA -
                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 24 THRU 29 HAD 1ST READING)

24)  07-81     Ordinance authorizing and providing for the
               issuance of not to exceed $8,500,000
               aggregate principal amount of general
               obligation storm water bonds of the City of
               Lincoln, Nebraska.

25)  07-82     Amending Section 10.16.070 of the Lincoln
               Municipal Code relating to proof of financial
               responsibility by adding language regarding
               presumption of use by vehicle owners; further
               defining requirements of financial
               responsibility; specifying advisements
               currently part of state statutes; and
               increasing the penalty to a misdemeanor to be
               comparable with state statutes.
               Fact Sheet (17K)

26)  07-83     Change of Zone 07021 - 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 Eiger Drive and South 84th Street.
               Fact Sheet (210K)

27)  07-84     Change of Zone 07024 - Application of Buffalo
               Grass LLC for a change of zone from O-3
               Office Park District to B-2 Planned
               Neighborhood Business District on property
               generally located southeast of the
               intersection of South 27th Street and Yankee
               Hill Road.
               Fact Sheet (382K)

28)  07-85     Change of Zone 07023 - Amending Section
               27.69.300 of the Lincoln Municipal Code to
               allow the Director of Planning to approve
               minor modifications to a Special Sign
               District. (Related Items: 07-85, 07-86)
               Fact Sheet (24K)

29)  07-86     Change of Zone 2938B - Application of
               Nebraska Technology Park to amend the
               standards of the University of Nebraska
               Technology Park Special Sign District to
               allow wall signs oriented to Interstate 80,
               West Highland Blvd. or N.W. 1st Street and to
               permit administrative amendments for minor
               deviations from the Special Sign District.
               (Related Items: 07-85, 07-86)
               Fact Sheet (351K)


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

      NONE


PENDING LIST - DATE CERTAIN

30)  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)
               
31)  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; SEE ITEMS 37 THRU 40)

32)  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)

33)  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)

34)  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)

35)  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)

36)  06-209    Approving a transfer of appropriations and cash
               (where appropriate) between projects within several
     Part B    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)

37)  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) (Request to hold P.H. 
               6/4/07) (Action Date: 6/11/07)(REMOVED FROM
               PENDING TO HAVE PUBLIC HEARING ON JUNE 4, 2007, 7-0)
               Attachment (40K)

38)  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) 
               (Request to hold P.H.  6/4/07)(REMOVED FROM PENDING
               TO HAVE PUBLIC HEARING ON JUNE 4, 2007, 7-0)
               Fact Sheet (1007K)

39)  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, 07R-110) (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) (Request
               to hold P.H.  6/4/07) (REMOVED FROM PENDING TO HAVE
               PUBLIC HEARING ON JUNE 4, 2007, 7-0)
               Fact Sheet (652K)

40)  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, 07R-110) (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) (Request to hold P.H. 
               6/4/07) (Action Date: 6/11/07) (REMOVED FROM
               PENDING TO HAVE PUBLIC HEARING ON JUNE 4, 2007, 7-0)
               Fact Sheet (1235K)

41)  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)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, JUNE 4, 2007, AT 1:30 P.M.:

					       (APPROVED, 7-0)

42)  07R-110   Vacation 07006 - Vacating the north 530
               feet of South 88th Street, north of Taliesin Drive. 
               (Related Items: 07R-25, 07-11, 07-12, 07-13, 
               07R-20, 07R-110)(Action Date: 6/11/07)
               Fact Sheet (485K)

43)  07R-111   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of May 1 - 15,
               2007. 
               Fact Sheet (13K)
               Attachment (18K)

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 (5/16/07)  PRIOR TO THE NEXT
     FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE
     SESSION WHICH IS 5/21/07.



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	9:50 P.M.




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      which is broadcast live at 1:30 p.m. every Monday and
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                  on 5 City-TV, Cable Channel 5.
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