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Formal Agenda


                     ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                                MONDAY, JULY 16, 2007 AT 1:30 P.M.
             

       PLEASE NOTE: THE AUGUST 6, 2007 CITY COUNCIL MEETING IS SCHEDULED FOR 
    2:30 P.M. - 10:30 P.M. FOR PUBLIC HEARING ON THE 2007-08 BUDGET & THE CIP.

                               ALL MEMBERS PRESENT

  
MAYOR'S AWARD OF EXCELLENCE - CYNTHIA KOENIG-WARNKE, LINCOLN POLICE DEPARTMENT TECHNICAL
	INVESTIGATIONS DIVISION, IN THE CATEGORY OF PRODUCTIVITY.


PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)            Manager application of Deborah A. Roberts for
               Buggy Bath West LLC dba Buggy Bath Car Wash - West,
               at 1502 West O Street. (ADOPTED FOR APPROVAL, 7-0;
               A-84444)

 2)            Application of Ramos Pizza Inc. dba Ramos Pizza
               Pub Buster's BBQ to expand its licensed premises
               by an outside area measuring approximately 8 ft. x
               20 ft. for a total area to read as: a one story
               building approximately 30 ft. x 75 ft. including
               irregular shaped beer garden approximately 56 ft.
               (ADOPTED FOR APPROVAL, 7-0; A-84445) 		   

 3)            Application of Rhinodynamics, Inc. dba Duffy's
               Tavern to expand its licensed premises by an
               outside L-shaped area measuring approximately 26
               ft. x 40 ft. at 1406 - 1412 O Street.
               (ADOPTED FOR APPROVAL, 7-0; A-84446)

 4)            Application of CB Holdings Inc. dba Sharkwater
               Lounge for a Class C liquor license at 140 N. 12th
               Street. (AMENDED, 7-0; ADOPTED FOR APPROVAL, 7-0;
               A-84447)

 5)            Manager application of Kolby Wood for CB Holdings
               Inc. dba Sharkwater Lounge at 140 N. 12th Street.
               (AMENDED, 7-0; ADOPTED FOR APPROVAL, 7-0;A-84448)

 6)            Application of Europe Coffee Inc. dba Europe
               Coffee for a Class I liquor license at 1819 O
               Street. (ADOPTED FOR DENIAL, 7-0; A-84449)

 7)            Manager application of Ermina Osmanovic for Europe
               Coffee Inc. dba Europe Coffee at 1819 O Street.
               (ADOPTED FOR DENIAL, 7-0; A-84450)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 8 THRU 15 HAD 2ND READING)

 8)  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)

 9)  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)

10)  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)

11)  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)

12)  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)

13)  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)

14)  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)

15)  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)


PUBLIC HEARING - RESOLUTIONS

16)  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. (ADOPTED, 7-0; A-84451)
               Fact Sheet (13K)
               Attachment (16K)

17)  07R-127   Adopting the LES Rate Standards as recommended by
               the LES Administrative Board.
               (ADOPTED, 7-0; A-84452)
               Fact Sheet (70K)
               Attachment (1277K)

18)  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.(AMENDED, 7-0; ADOPTED 7-0;
               (A-84453)
               Fact Sheet (61K)

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


                        CONSENT AGENDA

PETITIONS & COMMUNICATIONS

19)            THE FOLLOWING ITEMS HAVE BEEN REFERRED TO THE
               PLANNING DEPT.:
               Change of Zone 07037 - App. of Mark
               Hunzeker amending Title 27 of the Lincoln
               Municipal Code relating to the Zoning Code by
               adding a new section to define the term "social
               hall"; by adding a new section to allow social
               halls as permitted conditional uses in the B-1, B-
               2, B-3, B-5, H-2, H-3, H-4 and H-1 zoning
               districts respectively; amending code t allow
               social halls that do not meet the requirements for
               a conditional use to be allowed in the B-1, B-2,
               B-3, B-5, H-1, H-2, H-3 and H-4 zoning districts
               by special permit; by adding a new section
               numbered 27.63.800 to provide a permitted special
               use for social halls; by amending Section
               27.67.040 to add social halls to the list of uses
               with special parking requirements; and repealing
               Sections 27.29.030, 27.29.040, 27.31.040,
               27.31.050, 27.33.030, 27.33.050, 27.37.025,
               27.37.030, 27.39.030, 27.41.030, 27.41.040,
               27.43.030, 27.43.040, 27.45.025, 27.45.030,
               27.67.040, and Figure 27.67.040 of the Lincoln
               Municipal Code.
               Special Permit 1629G - App. of Marlene
               Stroup to allow an indoor kennel on property
               located at S. 27th Street and Pine Lake
               Road (2801 Pine Lake Road). 
               Special Permit 07021 - App. of Mike Adams
               for expansion of a nonstandard dwelling on
               property located at S. 26th Street and
               High Street (2620 High Street).
               Special Permit 07022 - App. of Fernando
               Ostiguin for expansion of a nonstandard dwelling
               on property located at S. 4th Street and
               C Street (404 C Street).
               Special Permit 07023 - App. of Mike Knapp
               for a scrap processing, salvage yard, on property
               located east of N. 57th Street and
               Cornhusker Highway.
               Reconsideration of Use Permit 106B - App.
               of One Vista, LLC to consider a request to adjust
               the front yard on property in Talent Plus Addition
               located at S. 67th Street and Pioneers
               Boulevard.

20)            Setting the Hearing Date of Monday, July 30, 2007
               at 5:30 p.m. for Manager Application of Thomas E.
               Madsen for Madsen Bowling & Billiard dba Madsen's
               Bowling & Billiard Center located at 1316 N.
               47th Street. (ADOPTED, 7-0; 84454)


21)  MISCELLANEOUS REFERRALS


REPORTS OF CITY OFFICERS

22)            Report from City Treasurer of Franchise tax for
               the month of May, 2007 from Aquila. (PLACED ON
               FILE)

23)            Report from City Treasurer of E911 Surcharge for
               the month of January 2007 through March 2007: 
               Time Warner Cable ; May 2007: Level 3
               Communications, LLC. , AT&T Comm. of Midwest,
               Comtel Telcom Assets LP. (PLACED ON FILE)

24)            Report from City Treasurer of Telecommunication
               Occupation Tax for the month of April 2007:
               TWC Info, New Cingular Wireless, AT&T Comm. of
               Midwest, USCOC of Greater Iowa, Cricket Comm.,
               Sprint, Windstream Nebraska, Windstream Systems of
               the Midwest, Nebraska Technology & Telecomm.
               Qwest, Virgin Mobile USA, McLeodUSA, Tans Nat'l,
               Broadwing ACN Comm., Verizon Select, Flying J,
               Affinity Network, Lightyear, ATS, Guaranteed
               Phone, Working Assets, Who's Calling, UCN, Global
               Crossing, OnStar, Global Crossing Bandwidth, USCOC
               of NE/KS, Primus, Movida, Intellical Operator,
               Telecorp, Verizon Bell Atlantic, GlobalStar USA,
               LDMI, Liberty Wireless, Business Prod. Solutions,
               CIMCO, IBM Global, KDDI America, Quantum Shift, XO
               Comm., VoiceCom, Cincinnati Bell Any Distance,
               Telecomm. Systems of Maryland, Earthlink,
               TracFone, ATI, Adniamo; May 2007: D&D
               Comm.,Alltel, Alltel Comm. of Nebraska, TWC Info, MCI
               WorldCom, Sprint Comm., Nextel Partners, TWC
               Digital Phone, Sprint Spectrum, Windstream Systems
               of the Midwest, Windstream or Nebraska, GlobalCom,
               GTC Telecom., Lightyear, Zone Telecom, Enhanced,
               Tri-M, Acceris, SBC Long Distance, NOS Comm.,
               First Comm., Affinity Network, Nextel West, ATS
               Mobile, 360Onetworks (USA), NOSVA Limited
               Partnership, BT Americas, Covista. (PLACED ON
               FILE) 

                      -END CONSENT AGENDA -

                      -END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEM 25 HAD 1ST READING) 

25)  07-110    Approving a Lease Agreement between Lincoln
               Medical Education Partnership and the City of
               Lincoln for a three-year lease of space for the
               Lincoln-Lancaster County Health Department WIC
               Program at 4500 Valley Road.
               Fact Sheet (120K)               
               Attachment (319K)


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

                NONE


PENDING LIST - DATE CERTAIN

26)  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)

27)  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)

28)  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)

29)  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)

30)  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)

31)  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)

32)  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)

33)  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)

34)  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 23, 2007, AT 1:30 P.M.:
                                         (APPROVED, 7-0)

35)  07R-132   Approving a labor contract between the City of
               Lincoln and the Lincoln "M" Class Employees
               Association.
               Fact Sheet (88K)
               Attachment (803K)


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 (7/25/07) PRIOR TO THE
     NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE
     SESSION WHICH IS 7/30/07.


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 JULY ARE THE 9TH AND THE 30TH.


ADJOURNMENT	4:09 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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 Internet at:
                          lincoln.ne.gov
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