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Formal Agenda


                     ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                                 MONDAY,  JULY 9, 2007 AT 1:30 P.M.
                                                                          
                                   ALL MEMBERS PRESENT       
                                
PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)            Application of Playmakers, Inc. dba Playmakers
               Sports Bar & Grill for the addition of a catering
               license to their Class C liquor license at 640 W.
               Prospector, Suite 300. (ADOPTED FOR APPROVAL, 7-0; A-84432)

 2)            Application of HHMG, Inc. dba Christo's Pub for a
               Class C liquor license at 1200 O Street.
               (ADOPTED FOR APPROVAL, 7-0; A-84433)

 3)            Manager application of Scott Hoffman for HHMG,
               Inc. dba Christo's Pub at 1200 O Street. 
               (ADOPTED FOR APPROVAL, 7-0; A-84434)


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

     NONE


PUBLIC HEARING - RESOLUTIONS

 4)  07R-122   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of June 1-15,
               207. (ADOPTED, 7-0; A-84435)
               Fact Sheet (13K)
               Attachment (16K)

 5)  07R-126   Comprehensive Plan Conformance 07012 -
               Adopting the South Street Redevelopment
               Plan on property generally bounded by
               Plum Street on the north, extending to
               Rose Street between 6th and 8th Streets,
               6th Street to the west, Saratoga Street
               to the south and 17th Street to the east.
               (ADOPTED, 7-0; A-84436)
               Fact Sheet (230K)
               Attachment (2446K)


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

                        CONSENT AGENDA

PETITIONS & COMMUNICATIONS

 6)            Setting the hearing date of Monday, July 23, 2007
               at 1:30 p.m. for Application of Slapshotz Bar &
               Grill, Inc. dba Slapshotz Bar & Grill for an
               addition to premise/reconstruction of one story
               building approximately 69' x 69' including a beer
               garden approximately 17' x 44' located at 1245
               Libra Dr., Ste. 110. (ADOPTED, 7-0; A-84437)
 
 7)            Setting the hearing date of Monday, July 23, 2007
               at 1:30 p.m. for Application of Point After, Inc.
               dba Point After for an addition to premise to add
               an outdoor beer garden approximately 16' x 16'
               located at 1011 W. Dawes Avenue.(ADOPTED, 7-0; 
               A-84438)

 8)            Setting the hearing date of Monday, July 23, 2007
               at 1:30 p.m. for Manager Application of Don H.
               Ehly for Hinky Dinky Lincoln #9, LLC dba Sun Mart
               #738 located at 2145 S. 17th Street.
               (ADOPTED, 7-0; A-84439)


 9)  MISCELLANEOUS REFERRALS


REPORTS OF CITY OFFICERS

10)            Clerks Letter and Mayors Approval of Resolutions
               and Ordinances passed by Council on June 18, 2007. 
               (PLACED ON FILE)

11)            Clerks Letter and Mayors Approval of Resolutions
               and Ordinances passed by Council on June 25, 2007. 
               (PLACED ON FILE)

12)            Report from City Treasurer of City Cash on hand at
               the close of business May 31, 2007. (PLACED ON FILE)

13)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               Idle Funds during the month ended May, 2007. 
               (PLACED ON FILE)

14)            Lincoln Water & WasteWater Recapitulation of Daily
               Cash Receipts for June 2007.  (PLACED ON FILE)

15)  07R-123   Reappointing Maggie Stine to the City Personnel
               Board for a five-year term expiring June 22, 2012.
               (ADOPTED, 7-0; A-84441)

16)  07R-124   Reappointing Wayne Heyen and Carol Swigart to the
               Air Pollution Control Advisory Board for three-
               year terms expiring November 1, 2010.
               (ADOPTED, 7-0; A-84442)

17)  07R-125   Appointing Jay Snyder to the Air Pollution Control
               Advisory Board to fill an unexpired three-year
               term expiring November 1, 2007 and an additional
               three-year term expiring November 1, 2010.
               (ADOPTED, 7-0; A-84443)
               Attachment (47K)

18)            Assessment Resolutions for Public Works' Special
               Assessment Group I, Board of Equalization meeting
               to be held on Monday, July 16, 2007, at 10:00 a.m.
               (Requires a Motion)(APPROVED, 7-0)

19)            Affidavit of Mailing for Board of Equalization on
               Public Works' Special Assessment Group I to be
               held on Monday, July 16, 2007, at 10:00 a.m.
               (PLACED ON FILE)


                      -END CONSENT AGENDA -

                      -END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 20 THRU 27 HAD 1ST READING)

20)  07-104    Approving a lease agreement between the City and
               Mueller/Bigert Rentals for the lease of space by
               the Lincoln Area Agency on Aging for its Lincoln
               Information for the Elderly (LIFE) Program at 137
               N. 8th Street, Geneva, Nebraska.
               Fact Sheet (69K)
               Attachment (72K)

21)  07-105    Approving a lease agreement between the City and
               the Polk Senior Center for the lease of space by
               the Lincoln Area Agency on Aging for its Lincoln
               Information for the Elderly (LIFE) Program at 330
               N. State Street, Osceola, Nebraska.
               Fact Sheet (71K)
               Attachment (74K)

22)  07-106    Change of Zone 07031 - Amending Section 27.63.470
               of the Lincoln Municipal Code to add motels and
               hotels and the sale of alcohol for uses that meet
               the conditions of Sections 27.63.680 and 27.63.685
               as uses approved by special permit within a
               planned service commercial development.
               (Related Items: 07-106, 07-107, 07R-129)
               Fact Sheet (91K)

23)  07-107    Change of Zone 07030 - Application of Thomas
               Folsom and Donald and Susan Brouse for a change of
               zone from R-4 Residential District and O-3 Office
               Park District to H-4 General Commercial District
               on property generally located at S. 27th Street
               and Tamarin Ridge Road. (Related Items: 07-106,
               07-107, 07R-129)
               Fact Sheet (241K)

24)  07R-129   Special Permit 07015 - Application of Thomas
               Folsom and Donald and Susan Brouse for a Planned
               Service Commercial use including a hotel with
               meeting room space and a restaurant, on property
               generally located at S. 27th Street and Tamarin
               Ridge Road with variances of height and yard
               requirements. (Related Items: 07-106, 07-107,
               07R-129) (Action Date: 7/23/07)
               Fact Sheet (1671K)

25)  07-108    Change of Zone 07033 - Amending Title 27 of the
               Lincoln Municipal Code to  allow joint parking
               lots and parking garages as a permitted
               conditional use in the O-3, R-T, B-2, B-5, and I-3
               zoning districts subject to conditions.
               (Related Items: 07-108, 07R-130)
               Fact Sheet (155K)

26)  07R-130   Use Permit/Special Permit 19A - Application of
               70th Street Properties to adjust the side yard
               setback to zero feet for parking at the Lincoln
               Surgical Center generally located at 1710 S. 70th
               Street. (Related Items: 07-108, 07R-130)
               (Action Date: 7/2307)
               Fact Sheet (415K)

27)  07-109    Change of Zone 07035 - Amending Section 27.35.070
               of the Lincoln Municipal Code relating to Height
               and Area Regulations in the B-4 Lincoln Center
               Business District to reduce the front, side and
               rear yards to 0 and to amend the related tables to
               reflect said changes.
               Fact Sheet (107K)


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

 28) 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. (PASSED, 7-0; #18955)
               Fact Sheet (68K)

 29) 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.
               (PASSED, 7-0; #18956)
               Fact Sheet (241K)

 30) 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.
               (PASSED, 7-0; #18957)
               Fact Sheet (226K)

31)  07-103    Declaring approximately 5,697 square feet
               generally located at the southwest corner of S.
               27th Street and Randolph Street as surplus
               property. (AMENDED, 6-1; MARVIN DISSENTING;
               AMENDMENT #1, 7-0; LOST AS AMENDED, 3-4; ESCHLIMAN,
               SPATZ, SVOBODA ASSENTING; #38-4556)
               Fact Sheet (227K)


PENDING LIST - DATE CERTAIN

32)  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)

33)  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)

34)  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)

35)  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)

36)  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)

37)  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)

38)  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)

39)  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)

40)  07-97     Change of Zone 07022 - Application of Hoppe
               Partners Ltd. for a change of zone from R-6
               Residential District to B-4 Lincoln Center
               Business District on property generally
               located at the southeast corner of S.
               19th and L Streets. (Request to place on
               Pending) (6/25/07 - Placed on Pending
               Indefinitely)
               Fact Sheet (638K)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, JULY 16, 2007, AT 1:30 P.M.:
                                           APPROVED, 7-0)

41)  07R-131   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of June 16 - 30,
               2007.
               Fact Sheet (13K)
               Attachment (16K)

42)  07R-127   Adopting the LES Rate Standards as recommended by
               the LES Administrative Board.
               Fact Sheet (70K)
               Attachment (1277K)

43)  07R-128   Authorizing the Mayor to execute a multi-year
               contract per City Ordinance when funding
               appropriations comes from more than one fiscal
               year CIP for the Harris Overpass Reconstruction,
               City Project 701781.
               Fact Sheet (61K)


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 THURSDAY (7/5/07) PRIOR TO THE NEXT
     FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE
     SESSION WHICH IS 7/9/07.   (The policy on 
     "Register to Speak" on the Wednesday prior to the Monday
     meeting has been suspended due to the July 4 holiday)


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 JULY ARE THE 9TH AND THE 30TH.



ADJOURNMENT  2:30 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.
                               ****
 The City Council Agenda and Action Sheet may be accessed on the
Internet at:
                          lincoln.ne.gov
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