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Formal Agenda
 

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

                         ALL MEMBERS PRESENT


      THERE WILL BE NO MEETING THE WEEK OF MAY 29TH DUE TO THE
                        MEMORIAL DAY HOLIDAY.


PUBLIC HEARING
LIQUOR RESOLUTIONS 

1)             Manager application of Jonathan Rickers for
               Buffalo Wild Wings Grill & Bar at 7301 S.
               27th Street. (ADOPTED FOR APPROVAL, 7-0;           
               A-83832)

2)             Manager application of Jonathan Rickers for
               Buffalo Wild Wings Grill & Bar at 1328 P Street.
                (ADOPTED FOR APPROVAL, 7-0; A-83833)

3)             Manager application of Jeremiah Penn for The
               Noodle Shop Co. - Colorado Inc. dba Noodles &
               Company at 210 N. 14th Street. (ADOPTED FOR
               APPROVAL, 7-0; A-83834)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 4 THRU 7 HAD 2ND READING)

4)   06R-86    Approving the Development and Conditional Zoning
               Agreement between the City and B&J Partnership
               relating to the development of property generally
               located on the block bounded by 9th, 10th, Hill and
               Van Dorn Streets. (Related Items: 06R-86, 06-65)
               (Action Date: 5/8/06)
               Fact Sheet (8K)
               Attachment (364K)

5)   06-65     Change of Zone 06012 - Application of B&J
               Partnership for a change of zone from R-2
               Residential District and O-2 Suburban Office
               District to B-1 Local Business District on
               property generally located on the block
               bounded by 9th, 10th, Hill and Van Dorn
               Streets. (Related Items: 06R-86, 06-65)
               Fact Sheet (333K)
     
6)   06-66     Change of Zone 06017 - Application of the
               Director of Urban Development Department for
               a change of zone from R-2 Residential
               District, O-2 Suburban Office District and H-
               2 Highway Business District to B-3 Commercial
               District on property generally located
               southeast of the intersection of South 48th
               Street and O Street.
               Fact Sheet (1069K)

7)   06-67     Change of Zone 06018 - Amending Title 27 of
               the Lincoln Municipal Code by amending
               Section 27.07.040 and adding new Sections
               27.03.631 and 27.63.770 to define "Tree
               Service" and to create a special permit
               provision in the AG Agricultural District to
               allow the location of tree service business
               on land located in the AG Agricultural
               District under certain conditions. 
               Fact Sheet (67K)


PUBLIC HEARING - RESOLUTIONS

8)   06R-77    Appeal of Bob and Vicki Rokeby and Larry
               Schmieding from the Planning Commission approval
               of Preliminary Plat 06002 Schworer Addition for
               four (4) 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.
               (4/24/06 - P.H. & Action Con't. 1 wk. to
               5/1/06)(AMENDED, 7-0; ADOPTED AS AMENDED,
               7-0; A-83835)
               Fact Sheet (757K)
               
9)   06R-79    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of April 1 - 15,
               2006.(ADOPTED, 7-0; A-83836)
               Fact Sheet (13K)
               Attachment (23K)
               
10)  06R-82    Approving a one-year advertising contract between
               the City and Double Eagle Beverage for advertising
               at Pershing Center. (ADOPTED, 7-0; A-83837)
               Fact Sheet (54K)
               Attachment (498K)
               
11)  06R-83    Approving a two-year advertising contract between
               the City and Cornhusker Bank for advertising at
               Pershing Center.(ADOPTED, 7-0; A-83838).
               Fact Sheet (54K)
               Attachment (341K)
               
12)  06R-84    Comp. Plan Conformance 06003 - Approving an
               amendment to the Lincoln Center Redevelopment Plan
               to establish the QO1214 Downtown Civic Plaza
               Project Area covering four city blocks generally
               bounded by Q Street, 14th Street, O Street and
               12th Street.(AMENDED #1, 7-0; AMENDED #2, 7-0; 
               ADOPTED AS AMENDED, 7-0; A-83839)
               Fact Sheet (439K)
               Attachment (793K)
               
Anyone wishing to address an item on the Consent Agenda may
do so at this time

                         - CONSENT AGENDA -


PETITIONS & COMMUNICATIONS

13)           THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
              DEPT.:
              Change of Zone 06026 - App. of Charleston 	
              Heights, LLC from AG to R-3 on property at North 14th    
              Street and Humphrey Avenue (6803 N. 14th Street).
              Special Permit 06030 - App. of Charleston
              Heights, LLC for approximately 206 single family  
              lots, 144 attached single family lots, and 9 outlots
              with requests to waive block length, average lot 
              area, recreational facilities, and pedestrian 
              easement on property at North 14th Street and 
              Humphrey Avenue.
              Special Permit 06031 - App. of Verizon 
              Wireless to construct a 108' wireless facility 
              (monopole) with a request to waive the fall zone and 
              landscaping requirements, on property at 540 North 
              46th Street.

14)           Setting the Hearing date of Monday, May 15, 2006 at
              1:30 p.m. for Application of RFox, Inc. dba Red Fox
              Westside Grille for an addition/reconstruction of an
              area approx. 38' x 64' onto south side of beer garden
              at 1339 West O Street.(ADOPTED, 7-0; A-83840)

15)           Setting the Hearing date of Monday, May 15, 2006 at
              1:30 p.m. for Manager Application of Matthew Owens
              for Sidelines Deli located at 1000 Saunders Avenue.
              (ADOPTED, 7-0; A-83841)

16)           Informal Petition for a sewer district on South
              15th Street between Mulberry & Plum Streets by
              Matt Hartman. (REFERRED TO PUBLIC WORKS DEPT.)


17)  MISCELLANEOUS REFERRALS - NONE 


REPORTS OF CITY OFFICERS

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

19)  06R-80    Appointing Richard Patterson, Todd Furasek and
               Tyre MacDowell Jr. to the Community Development
               Task Force to fill unexpired three-year terms
               expiring August 31, 2006, August 31, 2007, and
               August 31, 2008, respectively.(ADOPTED, 7-0;
               A-83842)
               Attachment (66K)
               
20)  06R-85    Appointing James Jones and Brice Sullivan to the
               Community Development Task Force to fill unexpired
               three-year terms expiring August 31, 2007 and
               August 31, 2006, respectively.(ADOPTED, 7-0;
               A-83843)
               Attachment (45K)
               
21)  06R-81    Appointing Dennis Biggerstaff to the Heating,
               Ventilating and Cooling Examiners Board to fill an
               unexpired three-year term expiring April 4, 2009.
               (ADOPTED, 7-0; A-83844)

22)            Setting a hearing day of May 15, 2006, at 10:00
               a.m. for the Public Works Board of Equalization
               Special Assessment Group I.(APPROVED, 7-0)

                    - END CONSENT AGENDA -
                                 
                  -   END PUBLIC HEARING -


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

     NONE


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

23)  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.(AMENDED, 7-0; PASSED AS AMENDED;
              #18723)
              Fact Sheet (9K)
              Attachment (1603K)

              24)  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.(PASSED, 7-0; #18724)
              Fact Sheet (8K)
              Attachment (2083K)
               
25)  06-62    Approving a transfer of appropriations and
              cash, (where appropriate) between projects
              within the Sanitary Landfill Fund.(PASSED, 7-0; 
              #18725)
              Fact Sheet (59K)
              
26)  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.
              (Related Items: 06-63, 06R-87)
              (PASSED, 7-0; #18726)
              Fact Sheet (1205K)
              Fact Sheet (1016K)
              
27)  06-64    Vacation 05012 - Vacating the east/west alley
              from North 33rd to North 34th Streets,
              between O and P Streets.(PASSED, 7-0; #18727)
              Fact Sheet (126K)
              
28)  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) (4/17/06 - Action Delayed 1 wk. to
               4/24/06) (Request to delay action 1 wk. to 5/1/06)
               (4/24/06 - Action Delayed 1 wk to 5/1/06)
               (Request to place on Pending - No Date
               Certain)(PLACED ON PENDING WITH NO DATE 
               CERTAIN, 7-0)
               Fact Sheet (62K)
               Attachment (3238K)

           
PENDING LIST - DATE CERTAIN

29)  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; SEE ITEMS 30, 31, 37, 38, 42, 43, 44)

30)  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)
               (WITHDRAWN FROM PENDING, 7-0; #38-4518)
               Fact Sheet (1194K)
               
31)  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)
               (WITHDRAWN FROM PENDING, 7-0; #38-4519)
               Fact Sheet (699K)

32)  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)

33)  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)

34)  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)

35)  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)

36)  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)

37)  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)(WITHDRAWN FROM PENDING, 7-0; 
               #38-4520)
               Fact Sheet (38K)
               Attachment (657K)
               
38)  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)(WITHDRAWN FROM PENDING, 7-0; 
               #38-4521)
               Fact Sheet (137K)
               Attachment (127K)
               
39)  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)

40)  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)

41)  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)

42)  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)
               (WITHDRAWN FROM PENDING, 7-0; #38-4522; CITY
               ATTORNEY WILL DRAFT NEW ORDINANCE.)
               Fact Sheet (13K)
               
43)  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)
               (WITHDRAWN FROM PENDING, 7-0; #38-4523; CITY 
               ATTORNEY WILL DRAFT NEW ORDINANCE.)
               Fact Sheet (13K)
               
44)  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)(WITHDRAWN FROM PENDING, 7-0; 
               #38-4524)
               Fact Sheet (13K)
               
45)  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)

46)  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)

47)  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) ) (4/17/06 -
               Moved to Pending List, No Date Certain) 
               Fact Sheet (14K)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON  MONDAY, MAY 8, 2006 AT 1:30 P.M.:
                                        (APPROVED, 7-0)

48)  06R-87    Approving a Development and Zoning Agreement
               between Sierra Investments, LLC and the City
               regarding the development of property generally
               located at the southwest corner of 21st and K
               Streets. (Related Items: 06-63, 06R-87)
               Fact Sheet (8K)
               Attachment (193K) 
 
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 (5/3/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL
     MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 05/8/06.





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 MAY ARE
     THE 8TH AND 22ND.




ADJOURNMENT  6:18 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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