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Formal Agenda
 

        ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                  MONDAY, MARCH 27, 2006 AT 5:30 P.M.


                        ALL MEMBERS PRESENT
                  

 SHOW CAUSE HEARING ON THE AUTOMATIC RENEWAL OF THE LIQUOR
    LICENSE OF FAT NAPPY'S , 5100 NORTH 48TH STREET DUE TO
    THE FILING OF WRITTEN PROTESTS TO SUCH RENEWAL - (PLACED ON
    PENDING FOR ONE WEEK TO 4/3/06 W/ACTION ONLY, 7-0.)


PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE


PUBLIC HEARING
ORDINANCES - 2ND READING  (ITEMS 1 THRU 10 HAD 2ND READING)

1)   06-33     Approving Contract for Spec. 04-260 for
               transporting of Bio Solids by Merrell Bros,
               Inc. to extend through November 19, 2010.
               Fact Sheet (22K)
               Attachment (1099K)

2)   06-34     Approving a License Agreement between the
               City and TowerCo LLC for the placement of
               City's emergency communications facilities on
               a tower on property owned by TowerCo
               generally located south of Hickman, Nebraska.
               Fact Sheet (22K)
               Attachment (483K)

3)   06-35     Approving a License Agreement between the
               City and Nextel WIP Lease Corporation for the
               placement of City's emergency communications
               facilities on a tower on property owned by
               Nextel generally located at S. 68th and Olive
               Creek in Firth, Nebraska.
               Fact Sheet (22K)
               Attachment (548K)

4)   06-36     Approving a License Agreement between the
               City and Verizon Wireless for the placement
               of telecommunications facilities upon City
               property at Max Roper Park generally located
               at N. 10th and Belmont Street.
               Fact Sheet (22K)
               Attachment (975K)

5)   06-37     Change of Zone 05077 - Application of
               Thunderstone LLC for a planned unit
               development designation of property generally
               located at N.W. 32nd Street and West O
               Street, and for approval of a development
               plan which proposes modifications to the
               Zoning Ordinance and Land Subdivision
               Ordinance to allow approximately 33,000
               square feet for product display, marketing,
               administrative offices and production area,
               on the underlying H-3 Highway Commercial
               District.
               Fact Sheet (2988K)

6)   06-38     Approving the License Agreement for Golf
               Professionals between the City and Cory
               Fletcher for a five-year period at Mahoney
               Golf Course.
               Fact Sheet (55K)
               Attachment (399K)

7)   06-39     Approving the License Agreement for Golf
               Professionals between the City and Timothy
               Rowland for a five-year period at Pioneers
               Golf Course.
               Fact Sheet (54K)
               Attachment (394K)

8)   06-40     Approving the License Agreement for Golf
               Professionals between the City and Denis M.
               Vontz for a five-year period at Highlands
               Golf Course.
               Fact Sheet (53K)
               Attachment (397K)

9)   06-41     Approving the License Agreement for Golf
               Professionals between the City and John Craw
               for a five-year period at Holmes Golf Course.
               Fact Sheet (53K)
               Attachment (389K)

10)  06-43     Amending Chapter 9.20 of the Lincoln
               Municipal Code relating to Offenses against
               public peace by amending Section 9.20.030,
               Disorderly House; Maintaining, to further
               define the persons found to be responsible
               for property; and adding a new section
               numbered 9.20.045 to establish
               minimum penalties for maintaining or being an
               inmate or visitor of a disorderly house and to 
               enhance penalties for subsequent violations of
               Sections 9.20.030 or 9.20.040 of the Lincoln
               Municipal Code.
               Fact Sheet (16K)


PUBLIC HEARING - RESOLUTIONS

11)  06R-48    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of March 1 - 15,
               2006.
               Fact Sheet (13K)
               Attachment (18K)
               (ADOPTED, 7-0; A-83783)

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

                    - CONSENT AGENDA -


PETITIONS & COMMUNICATIONS

12)            Setting the Hearing Date of Monday, April 10, 2006
               at 1:30 p.m. for the App. of Sekips, Inc. dba
               Spikes Beach Bar & Grille for a liquor catering
               license at 2300 Judson.  (ADOPTED, 7-0; A-83784)

13)            Setting the Hearing Date of Monday, April 10, 2006
               at 1:30 p.m. for the App. of Thuy T. Nguyen dba
               Little Saigon for a Class D liquor license at 940
               N. 26th Street. (ADOPTED, 7-0; A-83785)

14)            Setting the Hearing Date of Monday, April 10, 2006
               at 1:30 p.m. for the App. of RPM Brothers, Inc.
               dba Overland Station for a Class C liquor license
               at 2805 NW 48th Street. (ADOPTED, 7-0; A-83786)


15)  MISCELLANEOUS REFERRALS


REPORTS OF CITY OFFICERS

16)            Clerk's Letter and Mayor's approval of Ordinances
               and Resolutions passe by Council on March 13,
               2006.  (PLACED ON FILE)

17)            Investment of Funds for the quarter ending
               November 30, 2005. (ADOPTED, 7-0; A-83787)

18)  06R-49    Reappointing Bridget Christensen, Marcia Malone,
               Beth Rodacker, Danja Pegram-Siders, Kathie
               Uhrmacher, and Tami Soper to the Lincoln-Lancaster
               County Women's Commission for two-year terms
               expiring March 1, 2008. (ADOPTED, 7-0; A-83788)

19)  06R-50    Appointing Arlen Nieveen to the Community Forestry
               Advisory Board to fill an unexpired three-year
               term expiring August 17, 2008.
               Attachment (21K)
               (ADOPTED, 7-0; A-83789)

                    - END CONSENT AGENDA -
                                 
                  -   END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (ITEMS 20 THRU 28 HAD 1ST READING)

20)  06R-51    Approving the 48th and Huntington Avenue
               Redevelopment Agreement between the City and
               Kinport Corporation for redevelopment of the south
               side of Huntington Ave. between 48th and 49th
               Streets for a Lincoln Police Substation and mixed
               use retail, residential, commercial and office
               uses. (Related Items: 06R-51, 06-42) (Action
               Date: 4/10/06)
               Fact Sheet (14K)
               Attachment (50K)
               Attachment (570K)

21)  06-42     Approving a 15-year lease between the City
               and Kinport Corporation for the lease of
               space by the City's Police Department at 49th
               and Huntington Ave. (Related Items: 06R-51,
               06-42)
               Fact Sheet (15K)
               Attachment (44K)
               Attachment (701K)

22)  06-44     Adopting the supplements to the
               Lincoln Municipal Code dated June,
               2005 and December, 2005 as part of
               the official Lincoln Municipal Code.
               Fact Sheet (17K)

23)  06-45     Change of Zone 06002 - Application of John
               Zakovec for a change of zone from AG
               Agricultural District to H-3 Highway
               Commercial District on property generally
               located at N.W. 48th Street and Highway 34.
               Fact Sheet (952K)

24)  06R-57    Approving the Schworer Conditional Annexation and
               Zoning Agreement between the City and Dennis
               Schworer, relating to the annexation of
               approximately 11.19 acres of property generally
               located at 33rd and Superior Streets. (Related
               Items: 06R-57,  06-46, 06-47) (Action Date:
               4/10/06)
               Fact Sheet (8K)
               Attachment (20K)

25)  06-46     Annexation 05010 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 11 acres of property generally
               located at North 33rd and Superior Streets.
               (Related Items: 06R-57, 06-46, 06-47)
               Fact Sheet (270K)

26)  06-47     Change of Zone 05029 - Application of Dennis
               R. Schworer LLC for a change of zone from R-3
               Residential District to H-3 Highway
               Commercial District on property generally
               located at North 33rd and Superior Streets.
               (Related Items: 06R-57, 06-46, 06-47)
               Fact Sheet (274K)

27)  06R-59    Approving a Conditional Zoning Agreement between
               B&J Partnership and the City to prevent specific
               uses for the development associated with a change
               of zone from R-5 Residential to B-3 Commercial on
               property generally located at 15th Street and
               South Street. (Related Items: 06R-59, 06-51)
               (Action Date: 4/10/06)
               Fact Sheet (8K)
               Attachment (11K)

28)  06-51     Change of Zone 06013 - Application of B&J
               Partnership for a change of zone from R-5
               Residential District to B-3 Commercial
               District on property generally located at
               15th and South Streets. (Related Items:
               06R-59, 06-51)
               Fact Sheet (318K)


ORDINANCES - 3RD READING

29)  06-25     Change of Zone 04005 - Application of the
               Southeast Rural Fire Department for a change
               of zone from AGR Agricultural Residential
               District to P Public Use District on property
               generally located at 7700 Pine Lake Road.
               Fact Sheet (1736K)
               (LOST, 0-7; #38-4517)  

30)  06-26     Change of Zone 06007 - Application of William
               A. Peterson for a change of zone from AG
               Agricultural District to AGR Agricultural
               Residential District on property generally
               located at the northeast corner of 84th
               Street and Waverly Road.
               Fact Sheet (453K)
               (PASSED, 7-0; #18689)

31)  06-27     Change of Zone 06010 - Application of
               Holdrege Investors and University Park
               Congregation of Jehovah's Witnesses for a 
               change of zone from O-3 Office Park District
               to B-2 Planned Neighborhood Business District
               on property generally located at 84th and
               Holdrege Streets.
               Fact Sheet (627K)
               (PASSED, 7-0; #18690)

32)  06-30     Annexation 05019 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 41.7 acres of property
               generally located at Highway 34 and Fallbrook
               Boulevard. (Related Items: 06-30, 06-31)
               Fact Sheet (1398K)
               (PASSED, 7-0; #18691)

33)  06-31     Change of Zone 05085 - Application of NEBCO,
               Inc. for a change of zone from AG
               Agricultural district to R-3 Residential
               District PUD, from R-3 Residential District
               to R-3 Residential District PUD, from O-3
               Office Park District to O-3 Office Park
               District PUD, from B-2 Planned Neighborhood
               Business District to B-2 Planned Neighborhood
               Business District PUD, and from R-3
               Residential District to B-2 Planned
               Neighborhood Business District PUD, on
               property generally located at Highway 34 and
               Fallbrook Boulevard, for a Planned Unit
               Development District designation of said
               property; and for approval of a development
               plan which proposes modifications to the
               Zoning Ordinance, Land Subdivision Ordinance
               and City of Lincoln Design Standards to allow
               approximately 1,767 dwelling units and
               approximately 680,000 square feet of
               commercial uses. (Related Items: 06-30,
               06-31)
               Fact Sheet (8133K)
               Fact Sheet 2 (7700K)
               (PASSED, 7-0; #18692)

34)  06-32     Amending the Lincoln Municipal Code by adding
               a new Chapter 24.42 to adopt requirements for
               the inspection of on-site water supply
               systems and on-site wastewater treatment
               systems prior to the sale, transfer, or
               conveyance of property.
               Fact Sheet (123K)
               (PASSED, 7-0; #18693)


PENDING LIST - DATE CERTAIN

35)  06-16     Repealing Chapter 14.44 of the Lincoln
               Municipal Code relating to Obstructions on
               Corner Lots as the requirements set forth in
               Chapter 14.44 would be more appropriately
               addressed in the City of Lincoln Design
               Standards.(2/27/06 - Placed on Pending for
               8 wks to 4/24/06 (Action only) )
               Fact Sheet (14K)

36)  06R-34    Approving an Agreement between the City and State
               Dept. of Roads to identify a corridor for a linear
               park on the north side of the South Beltway
               between 27th and 84th Streets. (3/6/06 - P.H.
               w/Action con't. to 3/13/06) (Request to place on
               Pending w/con't. P.H. & Action on 5/15/06)
               (3/13/06 - Con't. P.H. & Action to 5/15/06)
               Fact Sheet (54K)
               Attachment (108K)


PENDING LIST  (EXTENDED ONE WEEK)

37)  01-39     Vacating the south 40' of X St. adjacent to
               Lot 1, Block 6, North Lincoln Add., generally
               located at N. 9th & X Its.  (4/2/01 - Action
               delayed for two weeks to 4/16/01)  (4/16/01 -
               Placed on pending for 3 months 7/16/01)
               (7/9/01 - To remain on Pending)
               Fact Sheet (1194K)

38)  02-31     Vacating a 5' x 30'6" portion of N. 7th St.
               adjacent to the south 37' of Lot 9, Block 32,
               Original Plat of Lincoln, generally located
               at N. 7th & P Its.  (3/18/02 - Public Hearing
               Contd. w/3rd Reading)  (3/25/02- Action
               delayed to 4/8/02) (In connection w/02R-64)
               (4/8/02 - Placed on Pending until policy
               recommendation from Urban Development)
               Fact Sheet (699K)

39)  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)

40)  04-188    Annexation 03001 - Amending the Lincoln Corporate
               Limits Map by annexing approx. 214 acres of
               property generally located at N. 56th St. & Arbor
               Rd. (In connection 04R-273, 04-189, 04R-
               272) (10/11/04 - Placed on Pending
               Indefinitely)

41)  04R-273   Approving the North Bank Junction Annexation &
               Zoning Agreement between the City and Roger &
               Eldonna Schwisow and Hartland Homes, Inc. relating
               to the annexation of approx. 214 acres on property
               generally located at N. 56th St. & Arbor Rd.
               (In connection w/04-188, 04-189, 04R-272)
               (10/11/04 - Placed on Pending Indefinitely)
               Attachment (527K)

42)  04-189    Change of Zone 3398 - Application of Hartland
               Homes, Inc., Rodger & Eldonna Schwisow for a
               change from AG Agricultural to R-3 Residential for
               approx. 123 acres & H-4 General Commercial for
               approx. 21 acres on property generally located at
               N. 56th St. & Arbor Rd. (In connection w/04-
               188, 04R-273, 04R-272) (10/11/04 - Placed
               on Pending Indefinitely)
               Fact Sheet (217K)

43)  04R-272   Special Permit 2004 - Application of Hartland
               Homes, Inc., Rodger & Eldonna Schwisow to develop
               125,000 sq. ft. of planned service commercial
               floor area, with variances to the rear & side yard
               setback requirements on property located at N.
               56th St. & Arbor Rd. (In connection w/04-188,
               04R-273, 04R-189, 04R-272) (10/11/04 -
               Placed on Pending Indefinitely)
               Fact Sheet (535K)

44)  05R-29    Application of Capital Humane Society for a waiver
               of Lincoln Municipal Code Chapter 2.81 Living Wage
               Ordinance. (2/14/05 - Placed on Pending, No
               Date Certain)
               Fact Sheet (38K)
               Attachment (657K)

45)  05-107    Amending the pay schedule for the employee group
               whose classifications are assigned to the pay
               range prefixed by the letter M to adjust the
               schedules of annual, monthly, biweekly & hourly
               pay range equivalents. (8/8/05 - Action Delayed
               2 wks. to 8/22/05) (8/22/05 - Placed on
               Pending, No Date Certain) (1/30/06 -
               Removed from Pending for Action 2/6/06 - See Item
               #21, 05-107S) (2/6/06 - Substitute 05-107S
               relating to cost of living adjustment passed by
               Council)
               Fact Sheet (137K)
               Attachment (127K)

46)  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)

47)  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)

48)  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)

49)  06-17     Amending Chapter 9.16 of the Lincoln
               Municipal Code relating to Offenses Against
               Public Decency by adding a new section
               numbered 9.16.250 to provide residency
               restrictions for sex offenders. (2/13/06 -
               Placed on Pending Indefinitely)
               Fact Sheet (13K)

50)  06-18     Amending Chapter 9.16 of the Lincoln
               Municipal Code relating to Offenses Against
               Public Decency by adding a new section
               numbered 9.16.260 to provide loitering
               restrictions for sex offenders.   (2/13/06
               - Placed on Pending Indefinitely)
               Fact Sheet (13K)

51)  06-11     Amending Chapter 8.22 of the Lincoln
               Municipal Code relating to Littering by
               adding a new section numbered 8.22.175 to
               provide that persons or businesses
               advertising through materials distributed in
               a manner in violation of Chapter 8.22 shall
               be equally liable along with the person
               distributing such materials and providing a
               rebuttable presumption that any person or
               business advertised in the posting shall be
               guilty of violating the section; by amending
               Section 8.22.210, relating to penalties for
               violations, to increase the maximum fine for
               violations of Chapter 8.22 from $100.00 to
               $500.00. (2/13/06 - Placed on Pending
               Indefinitely and  to have P.H. when removed
               from Pending)
               Fact Sheet (13K)

52)  05R-262   Approving the Prairie Village North Conditional
               Annexation and Zoning Agreement between the City
               and Dubois Land LLC, Prairie Village North LLC,
               Prairie Home Builders Inc., Roland Group LLC, and
               Faith Evangelical Lutheran Church, relating to the
               annexation of approximately 149.09 acres,
               generally located at the northeast corner of N.
               84th Street and Adams Street and the use of said 
               149.09 acres along with approximately 23 acres 
               located at the southeast corner of N. 84th Street 
               and Adams Street under a Planned Unit Development.
               (Related Items: 05-164, 05R-262, 05-165)
               (11/7/05 - P.H. con't.  3 wks. to 11/28/05)
               (Action Delayed 2 wks to 12/12/05)
               (12/12/05 - Action Delayed 1 wk to 
               12/19/05) (12/19/05 - Action Delayed 3 wks.
               to 1/9/06) (1/9/06 - Action delayed 4 wks.
               to 2/6/06 & items to be re-ordered on the agenda
               as follows: 05-165A, 05-165B, 05R-262, 05-164)
                (2/6/06 - Action delayed  3 wks. to 2/27/06)
               (2/27/06 - Action Delayed 2 wks. to 3/13/06)
               (3/13/06 - Pending Indefinitely)
               Attachment (46K)

53)  05-164    Annexation 05013 - Amending the Lincoln Corporate
               Limits Map by annexing approximately 149.09 acres
               of property generally located at North 84th Street
               and Adams Street. (Related Items: 05-164, 05R-
               262, 05-165) (11/7/05 - P.H. con't.  3 wks.
               to 11/28/05) (Action Delayed 2 wks to
               12/12/05) (12/12/05 - Action Delayed 1 wk to
               12/19/05)   (12/19/05 - Action Delayed 3
               wks. to 1/9/06) (1/9/06 - Action delayed 4
               wks. to 2/6/06 & items to be re-ordered on the
               agenda as follows: 05-165A, 05-165B, 05R-262, 05-
               164)  (2/6/06 - Action delayed 3 wks. to
               2/27/06) (2/27/06 - Action Delayed 2 wks.
               to 3/13/06) (3/13/06 - Pending
               Indefinitely)
               Fact Sheet (472K)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON  MONDAY, APRIL 3, 2006 AT 1:30 P.M.:
                                              (APPROVED, 7-0)

54)  06R-52    Reappointing Jim McKee, Tim Francis, and Jerry
               Berggren to the Historic Preservation Commission
               for three-year terms expiring April 15, 2009.

55)  06R-53    Reappointing Matthew Maude to the Emergency
               Medical Services Inc. Board of Directors for a
               three-year term expiring March 28, 2009.

56)  06R-54    Reappointing Kim Todd to the Nebraska Capitol
               Environs Commission for a three-year term expiring
               January 9, 2009.

57)  06R-55    Reappointing JoAnne Kissel and Gordon Scholz to
               the Urban Design Committee for three-year terms
               expiring February 1, 2009.

58)  06R-56    Approving an Interlocal Agreement between the City
               and Nebraska Games and Parks for the development
               of an archery range within a portion of Helen
               Boosalis Park, generally located at 44th and
               Superior Streets.
               Fact Sheet (58K)
               Attachment (20K)

59)  06R-60    Approving appropriations in the amount of
               $42,475.00 from the operation of Keno lottery
               funds for various human services.


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 BY 10:00 A.M. ON THE
     WEDNESDAY (03/22/06)  PRIOR TO THE NEXT FORMAL CITY COUNCIL
     MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 03/27/06.


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 THIS TIME. OPEN MICROPHONE SESSIONS FOR MARCH
     THE 13TH AND 27TH.



ADJOURNMENT 8:29 P.M.      



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