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Formal Agenda


        ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, JUNE 18, 2007 AT 1:30 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 John McMillan for DHABS LLC
               dba Barrymore's at 124 N. 13th Street. 
               (ADOPTED 7-0; A-84408)

 2)            Manager application of Scott S. Hatfield for Rhino
               Dynamics Inc. dba Duffy's Tavern at 1406-1412 O
               Street. (ADOPTED 7-0; A-84409)

 3)            Application of Super Target Liquor of Nebraska,
               Inc. dba Target Store T-2303 for a Class DK liquor
               license at 8201 S. 40th Street. 
               (ADOPTED 7-0; A-84410)

 4)            Manager application of Scott Hansen for Super
               Target Liquor of Nebraska, Inc. dba Target Store
               T-2303 at 8201 S. 40th Street. 
               (ADOPTED 7-0; A-84411)

 5)            Application of Alley Inc. dba The Alley to expand
               it presently licensed premise to read as a one
               story building 50 feet by 83 feet including an
               outside beer garden area measuring approximately
               16 feet by 28 feet. (ADOPTED 7-0; A-84412)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 6 
THRU 11 HAD 2ND READING, SEE ITEM #7)

 6)  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.
               Fact Sheet (67K)
               Attachment (12K)

 7)  07-99     Amending the pay schedule for a certain
               employee group by creating the classification
               of Senior Public Health Nurse. (CON'T P.H. 
               W/ACTION TO 6/25/07, 7-0)
               Fact Sheet (50K)

 8)  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.
               Fact Sheet (74K)

 9)  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.
               Fact Sheet (89K)
               Attachment (23K)

10)  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)
               Fact Sheet (383K)

11)  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)
               Attachment (10K)


PUBLIC HEARING - RESOLUTIONS

12)  07R-117   Approving the Comparison of Methods for Estimation
               of Annual Pollutant Loads from Storm Drain
               Discharge by the University of Nebraska - Lincoln
               for evaluation of historic pollutant loads and of
               proposed monitoring locations for a period of May
               15, 2007 through December 31, 2007.  
               (ADOPTED, 7-0; A-84413)
               Fact Sheet (58K)
               Attachment (390K)

13)  07R-118   Approving the Fiscal Year 2007 Action Plan: One
               Year Use of Funds for Plan for HUD Entitlement
               Programs.  (ADOPTED, 7-0; A-84414)
               Fact Sheet (207K)
               Attachment (2686K)


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


                        CONSENT AGENDA

PETITIONS & COMMUNICATIONS

14)            Setting the hearing date of Monday, July 9, 2007
               at 1:30 p.m. for the application of  Playmakers,
               Inc. dba Playmakers Sports Bar & Grill to add a
               catering license to their Class C liquor license
               at 640 W. Prospector, Suite 300.  
               (ADOPTED, 7-0; A-84415)

15)            Setting the hearing date of Monday, July 9, 2007
               at 1:30 p.m. for the application of HHMG, Inc. dba
               Christo's Pub for a Class C liquor license at 1200
               O Street.  (ADOPTED, 7-0; A-84416)


16)  MISCELLANEOUS REFERRALS - NONE


REPORTS OF CITY OFFICERS

17)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on June
               4, 2007. (PLACED ON FILE)

18)            Report from City Treasurer of franchise tax for
               the month of April, 2007 from Aquila. 
               (PLACED ON FILE)

19)            Report from City Treasurer of franchise tax from
               Time Warner Cable for the quarter ending December
               31, 2006. (PLACED ON FILE)

20)            Report from City Treasurer of franchise tax from
               Time Warner Cable for the quarter ending March 31,
               2007. (PLACED ON FILE)

21)            Report of City Treasurer of Telecommunications
               Occupation Tax for the month of March 2007: D&D
               Communications, Nebraska Tech. & Telecomm. Inc.,
               Windstream Nebraska, Inc. Co. #150, Windstream
               Systems of the Midwest, Inc. Co. #522, USCOC of
               Greater Iowa, Inc., Cricket Comm., AT&T Comm. of
               Midwest, New Cingular Wireless, Virgin Mobile USA,
               Qwest Comm., On Star Corp., Working Assets Funding
               Service Inc., Primus Telecomm., Intellicall,
               Norstan Network, ATS Mobile Telephone, Advanced
               Tel, Business Telecom, LDMI Telecomm., VoiceCom,
               Cincinnati Bell, Telecomm. Sys. Corp. of Maryland,
               Earthlink, TracFone Wireless, ACN Comm. Services,
               Andiamo Telecom, Molloa Comm., Verizon Bell
               Atlantic, McLeod USA, UCN Inc., Telecorp Comm.,
               Accessline Comm., Trans National, Global Crossing,
               Broadband Dynamics, Global Crossing Bandwidth,
               Verizon Select Services, Opex Comm., Globalstar
               USA, Broadwing Comm., XO Comm., Guaranteed Phone
               Service, Business Prod. Solutions, Cimco Comm.,
               IBM Global Services, Teleplus Wireless, TON
               Services, KDDI America, Quantum Shift Comm.; April
               2007: Comtel Telcom Assets, AT&T Comm. of Midwest,
               Level 3 Comm., Sprint Spectrum, NPCR Inc., WWC
               License LLC, Alltel Comm. of Nebr., MCI WorldCom,
               D&D Comm., Network Billing, Enhanced Comm., Zone
               Telecom, Tri-M Comm., GTC Telecom Corp., Acceris
               Comm., SBC Long Distance, Nextel West Corp., 360
               Networks, First Comm., BT Americas Inc.,
               GlobalCom, NOS Comm., NOSVA Limited Partnership, 
               Covista, Who's Calling, USCOC of Nebraska/Kansas; 
               Quarter Ending March 31, 2007:  Windstream 
               Nebraska Inc. Co. #494, Cause Based Inc., 
               IDT Corp., PNG Telecomm., Aircell, Comtel 
               Telcom Assets, Southwest Comm., Startec
               Global Operating, Reliance, Telenational, Fast
               Phones of Nebr., Trinsic Communications, Inc. 
               (PLACED ON FILE)

                      -END CONSENT AGENDA -

                      -END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 22 
THRU 26 HAD 1ST READING)

22)  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.
               Fact Sheet (638K)

23)  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)

24)  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)

25)  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)

26)  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)


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 
(SEE ITEM  #31)

27)  07-87     Vacation 07002 - Vacating portions of
               Prescott and Lowell Avenues and an east-west
               alley in Block 30, generally located in
               Prescott and Lowell Avenues between S. 49th
               St. and S. 51st St. (Related Items: 07-87,
               07-90) (PASSED, 7-0; #18939)
               Fact Sheet (459K)

28)  07-90     Change of Zone 07019 - Application of College
               View Seventh-Day Adventist Church for a
               change of zone from R-4 Residential Dist. to
               R-6 Residential Dist. on property generally
               located at S. 49th St. and Lowell Ave.
               (Related Items: 07-87, 07-90)  (AMENDED, 7-0; 
               PASSED AS AMENDED, 7-0; #18940)
               Fact Sheet (312K)

29)  07-88     Vacation 07005 - Vacating the right-of-way
               for N. 61st St. north of Aylesworth Ave. at
               Brownell Elementary School.  
               (PASSED, 7-0; #18941)
               Fact Sheet (415K)

30)  07-89     Vacation 06009 - Vacating the north-south
               alley between N. 65th St. and Cotner Blvd.
               from Garland St. to Colby St.  
               (PASSED, 7-0; #18942)
               Fact Sheet (188K)

31)  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.  (PLACED ON PENDING UNTIL 
               USE PERMIT GOES BEFORE PLANNING COMMISSION, 5-2; 
               SPATZ, SVOBODA DISSENTING)
               Fact Sheet (259K)

32)  07-92     Change of Zone 07026 - Application of HWS
               Consulting Group for a change of zone from AG
               Agricultural Dist. to R-3 Residential Dist.
               on property generally located at N.W. 48th
               St. and W. Cuming St.  
               (PASSED, 7-0; #18943)
               Fact Sheet (256K)

33)  07-93     Comp. Plan Conformance 07011 - Declaring
               approximately 2,490 sq. ft. as surplus
               property generally located at N. 42nd St. and
               Cornhusker Hwy.  (PASSED, 7-0; #18944)
               Fact Sheet (364K)

34)  07-94     Approving an Agreement between the City and
               Trinity Baptist Church for the lease of space
               by the Lincoln Area Agency on Aging for its
               ActivAge Center program at 3801 LaSalle St.,
               for a period of June 1, 2007 through 
               August 31, 2007.  (PASSED, 7-0; #18945)
               Fact Sheet (62K)
               Attachment (80K)


PENDING LIST - DATE CERTAIN

35)  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) (6/4/07 - Con't. P.H. w/Action to
               6/25/07)
               Fact Sheet (481K)

36)  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) (6/4/07 - Con't. P.H. w/Action 
               to 6/25/07)
               Fact Sheet (475K)

37)  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) (6/4/07 - Con't. 
               P.H. w/Action to 6/25/07)
               Fact Sheet (98K)

38)  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) (6/4/07 - Con't. P.H. 
               w/Action to 6/25/07)
               Fact Sheet (540K)
               Attachment (17K)

39)  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)

40)  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)

41)  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)

42)  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)

43)  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)

44)  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)

45)  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)

46)  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 25, 2007, AT 5:30 P.M.:
                                                 (APPROVED, 7-0)

47)  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.
               Fact Sheet (61K)
               Attachment (75067K)

48)  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.
               Fact Sheet (59K)
               Attachment (1342K)

49)  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.
               Fact Sheet (63K)
               Attachment (2095K)


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     2:44 P.M.



                               ***
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      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.,
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                  on 5 City-TV, Cable Channel 5.
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 The City Council Agenda and Action Sheet may be accessed on the
 Internet at:
                          lincoln.ne.gov
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