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Formal Agenda
 

      ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, MAY 15, 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

            ELECTION OF COUNCIL CHAIR & VICE CHAIR
PATTE NEWMAN WAS ELECTED COUNCIL CHAIR; DAN MARVIN WAS ELECTED VICE CHAIR


PUBLIC HEARING
LIQUOR RESOLUTIONS

1)                  Manager application of Matthew Owens for
                    Summit Properties LLC dba Sidelines Deli at
                    1000 Saunders Ave. (WITHDRAWN, 7-0; #38-4525)

2)                  Application of RFOX, Inc. dba Red Fox Westside
                    Grille to expand its presently licensed premises
                    by adding an area measuring approximately 38 feet
                    by 64 feet to the south at 1339 West O Street. 
                    (ADOPTED, 7-0;  A-83848)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) 
(ITEMS 3 THRU 5 HAD 2ND READING)

3)   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)

4)   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)

5)   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)
   

PUBLIC HEARING - RESOLUTIONS  (SEE ITEM 6)

6)   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)
                    (Request to Withdraw)  (WITHDRAWN, 7-0; #38-4526)
                    Fact Sheet (54K)
                    Attachment (108K)

7)   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.
                    (ADOPTED, 7-0; A-83849)
                    Fact Sheet (13K)
                    Attachment (21K)

8)   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. (ADOPTED, 7-0; A-83850)
                    Fact Sheet (54K)
                    Attachment (705K)

9)   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.
                    (ADOPTED, 7-0; A-83851)
                    Fact Sheet (865K)

10)  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. (ADOPTED, 6-1; ESCHLIMAN DISSENTING; A-83852)
                    Fact Sheet (454K)


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


                         - CONSENT AGENDA -


PETITIONS & COMMUNICATIONS


11)  MISCELLANEOUS REFERRALS

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

                    Setting the hearing date of Monday, June 5, 2006, 
                    at 1:30 p.m. for the application of Christo's Pub, Inc. 
                    dba Christo's Pub for an addition to 100 North 12th Street, 
                    by adding a sidewalk café approximately 45 feet by 8 feet 
                    on the south side of the building. (ADOPTED, 7-0; A-83853)

REPORTS OF CITY OFFICERS

12)                 Affidavit of Mailing for Board of Equalization on
                    the North 27th Street Maintenance District.

13)                 Clerk's Letter & Mayor's Approval of Resolutions
                    and Ordinances passed by the City Council on May 8, 2006.  
                    (PLACED ON FILE)


                        - END CONSENT AGENDA -

                        - END PUBLIC HEARING - 


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 14 THRU 20 HAD 1ST READING, SEE ITEMS 17, 18, 19, & 20)

14)  06-70          Vacation No. 05013 - Vacating the east/west
                    alley in Block 121, Original Lincoln, bounded
                    by 12th, 13th, K Streets  and Lincoln Mall.
                    Fact Sheet (286K)

15)  06R-95         Approving the King Annexation Agreement between
                    the City and Tom and Betty King relating to the
                    annexation of approximately 2.5 acres of property
                    generally located at the northwest corner of N.
                    14th Street and Fletcher Ave. (Related Items:
                    06R-95, 06-72) (Action Date: 6/5/06)
                    Attachment (14K)

16)  06-72          Annexation No. 06003 - Amending the Lincoln
                    Corporate Limits Map by annexing
                    approximately 2.5 acres of property generally
                    located at North 14th Street and Fletcher
                    Avenue. (Related Items: 06R-95, 06-72)
                    Fact Sheet (235K)
     
17)  06R-96         Approving the Highway 77 & Warlick Boulevard
                    Conditional Annexation and Zoning Agreement
                    between the City and Western Hemisphere Holding
                    Company, Ridge Development Company, Southview
                    Inc., Developments Unlimited, Dial-Southwest
                    Village, LeGrande Excavating, and Norman H.
                    LeGrande, relating to the annexation of
                    approximately 463.8 acres of property generally
                    located at South Folsom Street and West Denton
                    Road. (Related Items: 06R-96, 06-73, 06-74, 
                    06-75) (Action Date: 6/5/06) (WITHDRAWN, 7-0; #38-4527)

18)  06-73          Annexation 05014 - Amending the Lincoln
                    Corporate Limits Map by annexing
                    approximately 463.8 acres of property
                    generally located at South Folsom Street and
                    West Denton Road. (Related Items: 06R-96,
                    06-73, 06-74, 06-75) (TO HAVE P.H. ON 6/05/06, 
                    WITH ACTION ON 6/12/06, 7-0)
                    Fact Sheet (1218K)

19)  06-74          Change of Zone 05061 - Application of Ridge
                    Development and Southview Inc. for a change
                    of zone from AG Agricultural District and AGR
                    Agricultural Residential District to B-2
                    Planned Neighborhood Business District on
                    property generally located at South Folsom
                    Street and West Denton Road. (Related
                    Items: 06R-96, 06-73, 06-74, 06-75)
                    (TO HAVE P.H. ON 6/05/06, WITH ACTION ON 6/12/06, 7-0)
                    Fact Sheet (2383K)

20)  06-75          Change of Zone 05062 - Application of Ridge
                    Development and Southview Inc. for a change
                    of zone from AG Agricultural District and AGR
                    Agricultural Residential District to R-3 and
                    R-4 Residential Districts on property
                    generally located at South Folsom Street and
                    West Denton Road. (Related Items: 06R-96,
                    06-73, 06-74, 06-75) (TO HAVE P.H. ON 6/05/06, 
                    WITH ACTION ON 6/12/06, 7-0)
                    Fact Sheet (358K)


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

     NONE


PENDING LIST - DATE CERTAIN

21)  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) (5/8/06 - Action Delayed w/ P.H., 
                    on new information only, for 2 weeks to 5/22/06).
                    Fact Sheet (8K)
                    Attachment (364K)

22)  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)
                    (5/8/06 - Action Delayed w/ P.H., on new
                    information only, for 2 weeks to 5/22/06).
                    Fact Sheet (333K)


PENDING LIST  (EXTENDED ONE WEEK, SEE ITEMS 31, 32, & 34)

23)  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)

24)  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)

25)  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)

26)  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)

27)  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)

28)  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)

29)  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)

30)  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)

31)  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) (REMOVED FROM PENDING 
                    TO HAVE P.H. & ACTION ON 6/05/06, 7-0)
                    Attachment (46K)

32)  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) (REMOVED FROM PENDING TO HAVE 
                    P.H. & ACTION ON 6/05/06, 7-0)
                    Fact Sheet (472K)

33)  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)

34)  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)
                    (REMOVED FROM PENDING FOR ACTION ONLY ON 6/05/06, 7-0)
                    Fact Sheet (62K)
                    Attachment (3238K)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, MAY 22, 2006 AT 5:30 P.M.:
                                                   (APPROVED, 7-0)

35)  06R-93         Approving an Interlocal Agreement between the City
                    and the Lincoln Airport Authority for the
                    performance of an assessment of the Oak Creek
                    Levee.
                    Fact Sheet (59K)
                    Attachment (131K)

36)  06R-94         Approving a Redevelopment Agreement between the
                    City and R Street Lofts, LLC for improvement in
                    support of a housing development on property
                    generally located at 727 R Street.
                    Fact Sheet (65K)
                    Attachment (971K)

37)  06R-97         Declaring the official intent of the City to
                    reimburse certain expenses in connection with the
                    acquisition and construction of improvements to
                    the City's solid waste management and disposal
                    system from the proceeds of solid waste management
                    revenue bonds.

38)  06R-98         Declaring the official intent of the City to
                    reimburse certain expenses in connection with the
                    acquisition of real property and the construction
                    of a parking garage and related improvements from
                    the proceeds of parking revenue bonds.

39)  06R-99         Declaring the official intent of the City to
                    reimburse certain expenses in connection with
                    acquiring real property and constructing,
                    acquiring, equipping, and furnishing improvements
                    to the City's QO1214 Downtown Civic Plaza
                    Redevelopment Project from the proceeds of tax
                    increment bonds.

40)  06R-100        Appointing Wendy Francis to the Lincoln Commission
                    on Human Rights to fill an unexpired three-year
                    term expiring December 31, 2008.
                    Attachment (117K)


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 (5/17/06)  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   3:57 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.,
          Immediately following the Pre-Council Meeting
                  on 5 City-TV, Cable Channel 5.
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 Internet at:
                          lincoln.ne.gov
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