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Formal Agenda
 

      ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
              MONDAY, APRIL 17,  2006 AT 1:30 P.M.

                      ALL MEMBERS PRESENT

MAYOR'S AWARD OF EXCELLENCE - CHARLENE ESTES, CRIME ANALYST
      FROM THE POLICE DEPARTMENT, IN THE CATEGORIES OF SAFETY AND 
      PRODUCTIVITY.

PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of BDF, LLC for a special
               designated liquor license for an outside area
               measuring approximately 50,000 square feet in
               the parking lot at 501 N. 8th Street on June
               24 and 25, 2006, between the hours of 
               8:00 a.m. and 1:00 a.m.  (AMENDED, 7-0; 
               ADOPTED FOR APPROVAL, 7-0; A-83814)

PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 2
	       THRU 5 HAD 2ND READING)

2)   06-57     Declaring Lots 3 - 8, Block 3, Cottage Home
               Addition as surplus property generally
               located at 15th and Claremont Streets.
               Fact Sheet (168K)

3)   06R-72   Approving the Harrison Heights Conditional
               Annexation and Zoning Agreement between the City
               and Developments Unlimited LLP relating to the
               annexation of approximately 90.58 acres, generally
               located at N. 91st Street and Leighton
               Avenue. (Related Items: 06R-72, 06-58, 06-59)
               (Action Date: 4/24/06)
               Attachment (582K)

4)   06-58     Annexation 05017 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 90.6 acres of property
               generally located at 91st Street and Leighton
               Avenue. (Related Items: 06R-72, 06-58, 
               06-59)
               Fact Sheet (258K)

5)   06-59     Change of Zone 05074 - Application of Ridge
               Development Company for a change of zone from
               AG Agricultural District to R-3 Residential
               District on property generally located at
               91st Street and Leighton Avenue. (Related
               Items: 06R-72, 06-58, 06-59)
               Fact Sheet (230K)


PUBLIC HEARING - RESOLUTIONS

6)   06R-70    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of March 16 - 31,
               2006. (ADOPTED, 7-0; A-83815)
               Fact Sheet (13K)
               Attachment (23K)

7)   06R-73    Use Permit 108A - Application of Pioneer Greens
               LLC to allow an additional sign on property
               generally located at 84th Street and Pioneers
               Blvd. (ADOPTED, 7-0; A-83816)
               Fact Sheet (629K)

8)   06R-74    Approving an Interlocal Cooperative Agreement
               between the City, the Nebraska Game & Parks
               Commission, and the Lower Platte South NRD for the
               continuance of the Saline Wetland Conservation
               Partnership for the management of the
               Implementation Plan for the Conservation of
               Nebraska's Eastern Saline Wetlands for a three
               year period. (ADOPTED, 7-0; A-83817)
               Fact Sheet (69K)
               Attachment (252K)

9)   06R-75    Approving a Cooperative Agreement between the City
               and the Nature Conservancy for the continuance of
               the Saline Wetland Conservation Partnership for
               the cooperative management of the Implementation
               Plan for the Conservation of Nebraska's Eastern
               Saline Wetlands for a three year period.
               (ADOPTED, 7-0; A-83818)
               Fact Sheet (67K)
               Attachment (494K)

10)  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) (4/3/06 - P.H. &
               Action con't. 2 weeks to 4/17/06)
               (ADOPTED, 7-0; A-83819)
               Fact Sheet (8K)
               Attachment (11K)

11)  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) (4/3/06 - P.H. & Action
               con't. 2 weeks to 4/17/06)(PASSED, 7-0; #18709)
               Fact Sheet (318K)


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

                    - CONSENT AGENDA -

PETITIONS & COMMUNICATIONS

12)            Report of UNL Microbiologist for water testing for
               the month of March, 2006. (PLACED ON FILE)

13)            Setting the hearing date of Monday May 1, 2006 at
               1:30 p.m. for Man. App. for Jonathan Rickers for
               Buffalo Wild Wings Grill & Bar located at 1328 P
               Street and 7301 S. 27th Street. (ADOPTED, 7-0; A-83820)

14)            Setting the hearing date of Monday May 1, 2006 at
               1:30 p.m. for Man. App. for Jeremiah Penn for The
               Noodle Shop Co. - Colorado, Inc. dba Noodles &
               Company located at 210 N. 14th Street.
               (ADOPTED, 7-0; A-83821)

15)  MISCELLANEOUS REFERRALS - NONE

REPORTS OF CITY OFFICERS

16)  06R-71    Appointing Thomas Saddler and Mary Anne Wells to
               the Urban Design Committee for three-year terms
               expiring February 1, 2007. (ADOPTED, 7-0; A-83822)
               Attachment (50K)

17)            Clerk's Letter & Mayor's Approval of Ordinances &
               Resolutions passed on April 3, 2006. (PLACED ON FILE)


                    - END CONSENT AGENDA -
                                 
                  -   END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 18
               THRU 22 HAD 1ST READING)

18)  06-60     Approving the Sublease and Lease Agreement
               between the City, University of Nebraska,
               NEBCO, and the Nebraska School Activities
               Association for the lease of space by the
               Nebraska School Activities Association in
               Haymarket Park.
               Fact Sheet (9K)
               Attachment (1603K)

19)  06-61     Approving an eight-year extension of the
               Franchise Agreement between the City and
               Aquila for the provision of natural gas
               services to Lincoln.
               Fact Sheet (8K)
               Attachment (2083K)

20)  06-62     Approving a transfer of appropriations and
               cash, where appropriate, between projects
               within the Sanitary Landfill Fund.
               Fact Sheet (59K)

21)  06-63     Change of Zone 05082 - Application of Sierra
               Investments, LLC, for a change of zone from
               R-6 Residential District to B-3 Commercial
               District on property generally located at the
               southwest corner of 21st and K Streets.
               Fact Sheet (1205K)
               Fact Sheet (1016K)

22)  06-64     Vacation 05012 - Vacating the east/west alley
               from North 33rd to North 34th Streets,
               between O and P Streets.
               Fact Sheet (126K)


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

23)  06-53     Authorizing the execution and delivery of the
               Southwood Lutheran Church, Buckshot Farms and
               Sundance Conditional Annexation and Zoning
               Agreement and authorizing the issuance of (1)
               a water revenue obligation, (2) a sanitary
               sewer revenue obligation and (3) a highway
               allocation obligation to evidence certain of
               the City's obligations under the Agreement.
               (Related Items: 06-53, 06R-47, 06-28, 
               06-29) (SUBSTITUTE ORDINANCE ACCEPTED, 7-0; 
               PASSED, 7-0; #18710)
               Attachment (243K)

24)  06R-47    Approving the Lincoln Federal Bancorp, Inc.
               Conditional Annexation and Zoning Agreement 
               between the City and Lincoln
               Federal Bancorp, Inc. relating to the annexation
               of approximately 240 acres, generally located at
               South 40th Street and Rokeby Road. (Related
               Items:  06-53, 06R-47, 06-28, 06-29,) (Action
               Date: 4/17/03)  (ADOPTED, 7-0; A-83823)
               Attachment (21K)

25)  06-28     Annexation 05016 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 240 acres of property generally
               located at South 40th Street and Rokeby Road.
               (Related Items:  06-53, 06R-47, 06-28,
               06-29) (PASSED, 7-0; #18711)
               Fact Sheet (703K)

26)  06-29     Change of Zone 06009 - Application of
               Southwood Lutheran Church and Buckshot Farms
               for a change of zone from AG Agricultural
               District to R-3 Residential District and R-4
               Residential District, on property generally
               located at South 40th Street and Rokeby Road.
               (Related Items:  06-53,  06R-47,  06-28,
               06-29) (PASSED, 7-0; #18712)
               Fact Sheet (452K)

27)  06-52     Authorizing the execution and delivery of the
               Waterford Estates Conditional Annexation and
               Zoning Agreement and authorizing the issuance
               of (1) a water revenue obligation, (2) a
               sanitary sewer revenue obligation and (3) a
               highway allocation obligation to evidence
               certain of the City's obligations under the
               Agreement. (Related Items: 06-52, 06-49,
               06-48, 06-50) (SUBSTITUTE ORDINANCE ACCEPTED, 
               7-0; PASSED, 7-0; #18713)
               Attachment (2420K)

28)  06-49     Annexation 05003 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 90 acres of property generally
               located at North 87th Street and College Park
               Road. (Related Items: 06-52, 06-49, 06-48,
               06-50) (PASSED, 6-0; MARVIN ABSTAINING; #18714)
               Fact Sheet (376K)

29)  06-48     Annexation 04003 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 300 acres of property generally
               located east and west of 98th Street from
               Holdrege to O Streets. (Related Items: 06-
               52, 06-49, 06-48, 06-50) (PASSED, 6-0; 
               MARVIN ABSTAINING; #18715)
               Fact Sheet (437K)

30)  06-50     Change of Zone 04019 - Application of Richard, 
               Daniel, Mark and Thomas Meginnis, Southview, Inc. 
               and Ridge Development Company for a change of
               zone from AG Agricultural District to R-3 
               Residential District and B-2 Planned Neighborhood 
               Business District on property generally
               located east and west of 98th Street from 
               Holdrege to O Streets.(Related Items: 06-52, 06-49, 
               06-48, 06-50) (PASSED 6-0; MARVIN ABSTAINING; #18716)
               Fact Sheet (535K)

31)  06-54     Approving a contract between the City and
               Lincoln Haymarket Development Corp. to
               operate and regulate a Saturday public market
               in the Haymarket area, 7th Street from P to Q
               Streets and P Street from 7th to 8th Streets.
               (AMENDED, 7-0; PASSED, 7-0; #18717)
               Fact Sheet (60K)
               Attachment (375K)

32)  06-55     Approving a contract between the City and
               Downtown Lincoln Association to operate and
               regulate a mid-week public market in the area
               located at 12th Street from Q to R Street and
               R Street from 12th to 13th Streets from June
               6, 2006 through June 27, 2006. (PASSED, 7-0; #18718)
               Fact Sheet (65K)
               Attachment (289K)

33)  06-56     Change of Zone 06011 - Application of
               Elizabeth South Partners for a change of zone
               from R-1 Residential District to B-2 Planned
               Neighborhood Business District, on property
               generally located at South 70th Street and
               Pioneers Boulevard. (Related Items: 06-56,
               06R-67) (PASSED, 7-0; #18719)
               Fact Sheet (556K)

34)  06R-67    Use Permit 84B - Application of Elizabeth South
               Partners to reconfigure parking areas, add parking
               spaces and reduce the front yard setback along
               Pioneers Boulevard, in property generally located
               at South 70th street and Pioneers Boulevard.
               (Related Items 06-56, 06R-67) (Action Date:
               4/17/06) (ADOPTED, 7-0; A-83824)
               Fact Sheet (668K)

35)  06R-66    Approving the use of public right-of-way by
               Landon Osborne for installation of a fence/wall 
               at 1840 E Street. (4/10/06 - Action 
               Delayed 1 wk to 4/17/06) (ACTION DELAYED ONE WEEK 
               TO 4/24/06, 7-0)
               Fact Sheet (62K)
               Attachment (3238K)


PENDING LIST - DATE CERTAIN  (SEE ITEM #36)

36)  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) ) 
               (MOVED TO PENDING, NO DATE CERTAIN, 7-0)
               Fact Sheet (14K)

37)  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)

38)  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)

39)  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)

40)  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)

41)  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)

42)  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)

43)  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)

44)  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)

45)  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)

46)  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)

47)  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)

48)  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)

49)  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)

50)  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)

51)  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)

52)  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)

53)  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)

54)  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 24, 2006 AT 5:30 P.M.:
                                                (APPROVED, 7-0)

55)  06R-76    Reappointing Larry Hudkins, Tony Messineo, Hena
               Roy, and Ed Schneider to the Lincoln-Lancaster
               County Board of Health for three-year terms
               expiring April 15, 2009.

56)  06R-77    Appeal of Bob and Vicki Rokeby and Larry
               Schmieding from the Planning Commission approval
               of Preliminary Plat 06002 Schworer Addition to for
               lots for commercial development, with waivers of
               the time frame for improvements and posting of
               sureties and waiver of the stormwater detention
               requirements, in property generally located at
               North 33rd and Superior Streets.
               Fact Sheet (757K)

57)  06R-78    Approving Supplemental Agreement No. 1 between the
               City and the Nebraska Department of Roads for the
               State to undertake the construction inspection for
               the project and to obligate Federal funds on
               property generally located at South 14th Street
               and Highway 2.
               Fact Sheet (48K)
               Attachment (93K)

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 (4/19/06)  PRIOR TO THE NEXT FORMAL CITY COUNCIL
     MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 04/24/06.

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 APRIL
     ARE THE 10TH AND 24TH.

ADJOURNMENT   4:35 P.M.     


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