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Formal Agenda
 

              ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                         MONDAY, MAY 8,  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

      MAYOR'S AWARD OF EXCELLENCE FOR APRIL IS SIDNEY (SID) YARDLEY
     	  POLICE OFFICER FROM THE POLICE DEPT. IN THE CATEGORY OF 
	  PRODUCTIVITY & CUSTOMER RELATIONS


PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)            Application of Cetak's Gourmet Meats &
               Sausages for a Class D liquor license at 4107
               Pioneer Woods Dr., Suite 104.
               (ADOPTED FOR APPROVAL,7-0; A-83845)
		
 2)            Manager application Jason Cetak for Cetak's
               Gourmet Meats & Sausages. (ADOPTED FOR APPROVAL,
               7-0; A-83846)


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

     NONE

PUBLIC HEARING - RESOLUTIONS

 3)  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.AMENDED, 7-0; ADOPTED AS AMENDED,
               7-0; A-83847)
               Fact Sheet (8K)
               Attachment (193K) 
                        

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

                    - CONSENT AGENDA -


PETITIONS & COMMUNICATIONS


 4)  MISCELLANEOUS REFERRALS

               Clerk's Letter and Mayor's Approval of Resolutions 
               and Ordinances passed by Council on May 1, 2006.  
               (PLACED ON FILE)		

               Affidavit of Mailing for Board of Equalization 
               Special Assessment Group I to be held on Monday, May 
               15, 2006, 10:00 a.m.(PLACED ON FILE)

               Assessment Resolution for Board of Equalization 
               Special Assessment Group I to be held on Monday, May 
               15, 2006, 10:00 a.m.  (Requires a Motion)                  
               APPROVED, 7-0)

               THE FOLLOWING ITEMS WERE REFERRED TO THE PLANNING                          
               DEPT.:
               Change of Zone 05002A - App. of The Links at 
               Lincoln Planned Unit Development requested by Jim 
               Lindsey, for an amendment to add property to the 
               PUD, with requests to waive sidewalks and street 
               trees, on property at N. 1st Street and Fletcher 
               Avenue.
               Change of Zone 06028 - App. of B&J 
               Partnership to change the building line  district 
               from 50' to 40' on property at N. 33rd Street and O 
               Street.
               Change of Zone 06031 - App. of Director of 
               Urban Development for a sign district on property at 
               S. 48th and O Street.
               Change of Zone 06032 - App. of the Director 
               of the Planning Dept. for an amendment to Section 
               69.300 of the LMC to add an area to the Sign 
               District.
               Special Permit 06032  - App. of Kari Neth to 
               operate a private school on property at S. 46th 
               Street and Rentworth Drive.


REPORTS OF CITY OFFICERS

 5)            Clerk's Letter and Mayor's Approval of ordinances
               & resolutions passed by Council on April 24, 2006. 
               (PLACED ON FILE)

 6)            Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for April 2006. (PLACED ON   
               FILE)

 7)            Financial Statements from Lincoln Electric System
               for December 31, 2005 and 2004. (PLACED ON FILE)

 8)            Report from City Treasurer of Cash on Hand at the
               close of business March 31, 2006. (PLACED ON
               FILE)

 9)            Report from City Treasurer of Telecommunications
               Tax Report for the month of February, 2006:  USCOC
               of Greater Iowa Inc, New Cingular, AT&T Comm.,
               Cricket, Nebraska Technology, Global Crossing,
               Telecorp Comm., Virgin Mobile USA, Trans National,
               UCN, OnStar, COVISTA, TracFone, Broad Band
               Dynamics, Teleplus Wireless, Business Products
               Solutions, Working Assets, XO Comm., Qwest, Bell
               Atlantic, Advanced Tel, ACN, McLeod USA, Verizon
               Select, Primus, Intellicall, USCOC of NE/KS,
               Broadwing, Cincinnati Bell, VoiceCom, KDDI
               America, Quantum Shift, IBM Global; March 2006:
               Nextel, Sprint Spectrum, Sprint Comm., MCI
               WorldCom, Shaffer, SBC Long Distance, BT Americas,
               NOS, Zone, LDMI, GTC, ACCERIS Mgt., Nextel West,
               Globalcom, Lightyear, Affinity, Acceris, Tri-M,
               Excel, NOSVA, VARTEC, OCMC, ATS Mobile; Jan. -
               March 2006: AmeriVision, Matrix, Touch 1, NECC,
               Helio LLC, Comtech 21, Trinsic, Ionex.  (PLACED  
               ON FILE)

10)            Setting a hearing day of Monday, June 5,  2006, at
               1:30 p.m. for the North 27th Street
               Business Improvement District Board of
               Equalization. (APPROVED, 7-0)

                      - END CONSENT AGENDA -
                                 
                     -   END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 11 THRU 13 HAD 1ST READING)

11)  06-68     Amending Chapters 2.62, 2.65, and 2.66 of the
               Lincoln Municipal Code relating to the Police
               and Fire Pension Plan requiring the City to
               make the annual actuarially determined normal
               cost contribution to such pension plan.
               Fact Sheet (50K)

12)  06-69     Change of Zone 06019 - Amending Section
               27.61.090 and 27.63.280 of the Lincoln
               Municipal Code to allow for the enlargement,
               extension, or reconstruction of buildings and
               structures located upon a premises, the use
               of which constitutes a nonstandard use by
               special permit.
               Fact Sheet (18K)

13)  06-71     Amending Chapter 9.16 of the Lincoln
               Municipal Code relating to Offenses Against
               Public Decency by adding a new section
               9.16.250 to provide residency restrictions
               for sex offenders.
               Fact Sheet (13K)


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

14)  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)(ACTION DELAYED TWO WEEKS TO 
               5/22/06 W/PUBLIC HEARING ON NEW INFORMATION ONLY, 
               6-1; SVOBODA DISSENTING.)
               Fact Sheet (8K)
               Attachment (364K)
               
15)  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)(ACTION 
               DELAYED TWO WEEKS TO 5/22/06 W/PUBLIC HEARING ON
               NEW INFORMATION ONLY, 6-1; SVOBODA DISSENTING.)
               Fact Sheet (333K)

16)  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.(PASSED, 7-0; #18728)
               Fact Sheet (1069K)

17)  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. (AMENDED, 7-0;          
               PASSED AS AMENDED, 7-0; #18729)
               Fact Sheet (67K)


PENDING LIST - DATE CERTAIN

18)  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)

19)  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)

20)  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)

21)  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)

22)  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)

23)  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)

24)  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)

25)  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)

26)  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)

27)  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)

28)  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)

29)  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)

30)  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)
               (5/1/06 - Placed on Pending - No Date Certain)
               Fact Sheet (62K)
               Attachment (3238K)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON  MONDAY, MAY 15, 2006 AT 1:30 P.M.:
                                          (APPROVED, 7-0)

31)  06R-88    Accepting the report of new and pending
               claims against the City and approving
               disposition of claims set forth for the
               period of April 16-31, 2006.
               Fact Sheet (13K)
               Attachment (21K)

32)  06R-90    Approving a redevelopment agreement between the
               City and Thunderstone LLC for development of a
               31,782 square foot commercial space in the West O
               Street Redevelopment Area generally located at
               N.W. 32nd and West O Streets.
               Fact Sheet (54K)
               Attachment (705K)

33)  06R-91    Use Permit 06004 - Application of Southview and
               Ridge Development Company to develop 224,000
               square feet of commercial floor area and a
               requested waiver of the Design Standards to allow
               signs for individual pad sites to be located more
               than 30 feet from the building, on property
               generally located northwest of the intersection of
               South 40th Street and Yankee Hill Road.
               Fact Sheet (865K)

34)  06R-92    Approving the acquisition of approximately 14.9
               acres of property for use as park and trail land
               generally located at South 56th Street and Pine
               Lake Road.
               Fact Sheet (454K)

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 (5/16/06)  PRIOR TO THE NEXT FORMAL CITY COUNCIL
     MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 05/22/06.

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   2:31 P.M.


ANNOUNCEMENTS:
     May 22nd - Meeting Begins at 5:30 p.m. 
     May 29th - No Meeting due to  Memorial Day Holiday


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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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 Internet at:
                         lincoln.ne.gov
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