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Formal Agenda
 

        ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, JULY 31,  2006 AT 5:30 P.M.

                     ALL MEMBERS PRESENT EXCEPT CAMP


PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of Thanh Mai Properties, LLC dba South
               Street Fast Break for a Class B liquor license at
               1648 South Street. (ADOPTED FOR APPROVAL, 6-0;
               A-83950)

2)             Manager application of Thanh Mai for Thanh Mai
               Properties, LLC dba South Street Fast Break at
               1648 South Street.(ADOPTED FOR APPROVAL, 6-0;
               A-83951)

3)             Application of Dao Properties, LLC dba Fast Break
               #2 for a Class B liquor license at 2200 North 48th
               Street.(ADOPTED FOR APPROVAL, 6-0; A-83952)

4)             Manager application of Quary Dao for Dao
               Properties, LLC dba Fast Break #2 at 2200 North
               48th Street.(ADOPTED FOR APPROVAL,6-0; A-83953)


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

5)   06-125    Amending Sections 10.16.030 and 10.16.040 of the
               Lincoln Municipal Code by making additional
               amendments to the penalty provisions for driving
               under the influence and refusal to submit to
               alcohol testing to conform with penalties
               proscribed by state statutes as required by law.
               Fact Sheet (14K)


PUBLIC HEARING - RESOLUTIONS

6)   06R-147   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of July 1 - 15,
               2006.(ADOPTED, 6-0; A-83954)
               Fact Sheet (13K)
               Attachment (20K)



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


                    - CONSENT AGENDA -


PETITIONS & COMMUNICATIONS

 7)            Lincoln Airport Authority Resolution No. 472
               stating that no tax levy should be made for
               airport purposes for the fiscal year beginning
               July 1, 2006. (PLACED ON FILE)

 8)            Report from City Treasurer of Franchise Tax for
               the month of May, 2006 from Aquila. (PLACED ON
               FILE)

 9)            Report from City Treasurer of Telecommunication
               Occupation Tax for the month of April, 2006:
               Alltel Nebraska, Alltel Comm. of Nebraska, Alltel,
               USCOC of Greater Iowa, Nebraska Technology &
               Telecomm., AT&T Comm. of Midwest, Alltel Systems
               of the Midwest, New Cingular Wireless, Cricket,
               McLeod USA, Telecorp, Intellicall Operator, UCN,
               OnStar, Trans National, Virgin Mobile USA, USCOC
               of Nebraska/Kansas, ATI, Bell Atlantic, Broadwing,
               Working Assets Funding Service, Broadband
               Dynamics, Qwest, CIMCO, Business Prod. Solutions,
               Teleplus Wireless, Verizon Select, Primus, ACN,
               Covista, XO Comm., Andiamo Telecom., Global
               Crossing, Cincinnati Bell Any Distance, KDDI
               America, IBM Global, TracFone Wireless, Earthlink,
               VoiceCom, Quantum Shift; May, 2006:  Nextel
               Partners, Sprint Spectrum, Alltel Nebraska, Alltel
               Systems of the Midwest, D&D Comm., TWC Info
               Services of Nebraska, Sprint Comm., Network
               Billing Systems, Nebraska Lincoln Business, LDMI,
               Affinity Network, Nextel West, Globalcom,
               Lightyear Network Solutions, BT Americas, Zone
               Telecom, GTC Telecom, NOS Comm., Tri-M Comm.,
               Acceris, SBC Long Distance, NOSVA, Excel
               Telecomm., VARTEC, ATS Mobile, 360Networks USA.
               (PLACED ON FILE) 

10)            Setting the Hearing Date of Monday, August 14,
               2006 at 1:30 p.m. for the Man. App. of Douglas
               Larkins for U-Stop Convenience Shop located at
               3244 Cornhusker Hwy. (ADOPTED, 6-0; A-83955) 

11)            Setting the Hearing Date of Monday, August 14,
               2006 at 1:30 p.m. for the App. of Ostiguin,
               Dagoberto dba Taqueria El Comal for a Class C
               liquor license located at 125 West O Street.
               (ADOPTED, 6-0; A-83956)

12)            Setting the Hearing Date of Monday, August 14,
               2006 at 1:30 p.m. for Michael Marts, Inc. dba
               Michael Marts for a Class D liquor license located
               at 2801 NW 49th Street.(ADOPTED, 6-0; A-83957)

13)            Setting the Hearing Date of Monday, August 21,
               2006 at 1:30 p.m. for the App. of Nebraska CVS
               Pharmacy LLC dba CVS/Pharmacy 8626 at 130-B N
               66th St., CVS/Pharmacy 8610 at 2711 S.
               48th St., CVS/Pharmacy 8616 at 5500 S.
               56th St., CVS/Pharmacy 8615 at 1401
               Superior St. for a Class C liquor license.
               (ADOPTED, 6-0; A-83958)


14)       MISCELLANEOUS REFERRALS


REPORTS OF CITY OFFICERS

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

16)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by Council on July 24, 2006.
               (PLACED ON FILE)

17)  06R-148   Appointing Clyde Tyndall to the Lincoln Commission
               on Human Rights to fill an unexpired three-year
               term expiring December 31, 2007.(ADOPTED, 6-0;
               A-83959)
               Attachment (27K)

18)  06R-149   Appointing Ruth Jones to the City Personnel Board
               to fill an unexpired five-year term expiring June
               22, 2010.(ADOPTED, 6-0; A-83960)
               Attachment (43K)


                    - END CONSENT AGENDA -

                   -   END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 19 THRU 28 HAD 1ST READING)

19)  06-126    Adopting pay schedules and schedules of pay ranges
               for employees whose classifications are assigned
               to pay ranges prefixed by the letter A and C
               (LCEA).
               Fact Sheet (138K)
               Attachment (631K)

20)  06-127    Adopting pay schedules and schedules of pay ranges
               for employees whose classifications are assigned
               to pay ranges prefixed by the letter B (ATU).
               Fact Sheet (138K)
               Attachment (43K)

21)  06-128    Adopting pay schedules and schedules of pay ranges
               for employees whose classifications are assigned
               to pay ranges prefixed by the letter E (Excluded).
               Fact Sheet (138K)
               Attachment (94K)

22)  06-129    Adopting pay schedules and schedules of pay ranges
               for employees whose classifications are assigned
               to pay ranges prefixed by the letter F (IAFF).
               Fact Sheet (138K)
               Attachment (55K)

23)  06-130    Adopting pay schedules and schedules of pay ranges
               for employees whose classifications are assigned
               to pay ranges prefixed by the letter M
               (Management).
               Fact Sheet (138K)
               Attachment (228K)

24)  06-131    Adopting pay schedules and schedules of pay ranges
               for employees whose classifications are assigned
               to pay ranges prefixed by the letter N (NAGE).
               Fact Sheet (138K)
               Attachment (299K)

25)  06-132    Adopting pay schedules and schedules of pay ranges
               for employees whose classifications are assigned
               to pay ranges prefixed by the letter P (LPU).
               Fact Sheet (138K)
               Attachment (67K)

26)  06-133    Adopting pay schedules and schedules of pay ranges
               for employees whose classifications are assigned
               to pay ranges prefixed by the letter X (Excluded).
               Fact Sheet (138K)
               Attachment (123K)

27)  06-134    Amending Section 2.76.445 of the Lincoln Municipal
               Code to clarify the procedure to be followed when
               employee's behavior, if substantiated, would be
               cause for dismissal; and amending Section 2.78.025
               relating to compensation plans to change the
               Performance Evaluation Scale for employees in pay
               ranges prefixed by the letter M.
               Fact Sheet (138K)

28)  06R-150   Approving the labor contract between the
               City and the Amalgamated Transit Union
               effective August 24, 2006.
               Fact Sheet (47K)
               Attachment (116K)

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

29)  06-113    Change of Zone 06023 - Amending Chapter 27.80 of
               the Lincoln Municipal Code relating to Zoning to
               increase and amend fees for application of a
               change of zone, downzones, planned unit
               developments, use permits, community unit plans,
               special permits, administrative amendments,
               changes in text, postponement fees, and waiver of
               fees. (Related Items: 06-113, 06-114, 06-115,
               06R-146)(LOST, 0-6;#38-4532)
               Fact Sheet (52K)

30)  06-114    Misc. 06005 - Amending Chapter 26.33 of the
               Lincoln Municipal Code relating to Land
               Subdivision to increase application fees for final
               plats, preliminary plats, change in text, waivers
               and appeals, and postponements. (Related Items:
               06-113, 06-114, 06-115, 06R-146) (LOST, 0-6; 
               #38-4533)
               Fact Sheet (71K)

31)  06-115    Amending Section 14.20.020 of the Lincoln
               Municipal Code to increase the application fee for
               the vacation of public ways. (Related Items:
               06-113, 06-114, 06-115, 06R-146) (WILL BE CONTINUED 
               TO 8/7/06 DUE TO A TIE VOTE, 3-3; COOK, ESCHLIMAN, 
               MCROY DISSENTING)
               Fact Sheet (15K)

32)  06R-146   Approving an increase in application fees for
               comprehensive plan amendments and comprehensive
               plan conformance. (Related Items: 06-113, 06-
               114, 06-115, 06R-146) (Action Date: 7/31/06)
               (LOST, 2-4; MARVIN, NEWMAN ASSENTING; #38-4534)
               Attachment (16K)

33)  06-119    Authorizing and providing for the issuance of
               revenue bonds of the Solid Waste Management
               Enterprise of the City of Lincoln, Nebraska. 
               (PASSED, 6-0; #18774)

34)  06-120    Authorizing the issuance of not to exceed
               $4,500,000 aggregate principal amount of Solid
               Waste Management Revenue Bonds.  (PASSED, 6-0;
               #18775)

35)  06-121    Amending and adding sections to Chapter 10.14
               (Rules of the Road) and Chapter 10.48 (Bicycles)
               within Title 10 of the Lincoln Municipal Code
               relating to Vehicles and Traffic to define bicycle
               lanes and to regulate the use of bicycle lanes.
               (AMENDED, 6-0; PASSED AS AMENDED, 5-1; SVOBODA
               DISSENTING; #18776)
               Fact Sheet (13K)

36)  06-122    Street Name Change 06002 - Renaming that portion
               of N. 14th Street from Cornhusker Highway south to
               Military Avenue and that portion of N. 19th Street
               from R Street south to O Street as North Antelope
               Valley Parkway; renaming that portion of S. 19th
               Street from O Street south to K street as South
               Antelope Valley Parkway; and renaming the new
               east/west roadway from 10th Street northeast to
               33rd and Superior Streets as Salt Creek Roadway.
               (AMENDED, 6-0; PASSED AS AMENDED, 6-0; #18777)
               Fact Sheet (52K)

37)  06-124    Change of Zone 06041 - Application of
               Schroeder/Klein Investments for a change of zone
               from AG Agricultural District to I-3 Employment
               Center District, on property generally located at
               S. 14th Street and Yankee Hill Road.
               (PASSED, 6-0; #18778)
               Fact Sheet (215K)


PENDING LIST - DATE CERTAIN

38)  06R-121   Approving an Agreement between the City and the
               County of Lancaster to contribute equally the
               local matching portion of the Federal Funds
               obligated for the East Beltway Preliminary Design,
               Corridor Protection, and ROW (State Proj. #DPU-55
               (156), Control #12848, City #542702).  (6/26/06
               - Public Hearing & Action continued to
               7/10/06) (7/10/06 - P.H. & 2nd Reading con't.
               to 8/7/06)
               Fact Sheet (48K)

39)  06R-122   Approving an Agreement between the City and the
               Nebraska Department of Roads for Federal funds to
               be obligated and used for the East Beltway
               Preliminary Design, Corridor Protection, and ROW
               (State Proj. #DPU-55 (156), Control #12848, City
               #542702). (6/26/06 - Public Hearing & Action
               continued to 7/10/06) (7/10/06 - P.H. &
               2nd Reading con't. to 8/7/06)
               Fact Sheet (47K)

40)  06-86     Authorizing execution and delivery of the
               Development Agreement between the City and
               various owners for the development of
               approximately 726 acres of property generally
               located at S. 84th Street and Rokeby Road and
               for the issuance of bonds for the
               installation of infrastructure to serve the
               area. (Related Items: 06-86, 06R-110)
               (6/12/06 - Public Hearing & 2nd Reading cont'd
               to 7/10/06) (7/10/06 - P.H. & 2nd Reading
               con't. to 7/24/06) (7/24/06 - P.H. & 2nd
               Reading con't. to 8/28/06)
               Attachment (27K)

41)  06R-110   Comp. Plan Amendment 06002 - Amending the 2025
               Lincoln-Lancaster County Comprehensive Plan to (a)
               amend the 2025 Future Service Limit to add land
               west of 98th Street from Yankee Hill Road to one-
               half mile south of Rokeby Road; (b) amend the
               Urban Growth tier and associated maps in the same
               area from Tier I, Priority B, to Tier I, Priority
               A, and land from Tier II to a mix of Tier I,
               Priority A and B; and (c) to change the land use
               in the area being added to the Future Service
               Limit from Agricultural to Urban Residential.
               (Related Items: 06-86, 06R-110) (Action Date:
               6/19/06) (6/12/06 - Public Hearing &
               2nd Reading cont'd to 7/10/06)
               (7/10/06 - P.H. & 2nd Reading con't.
               to 7/24/06) (7/24/06 - P.H. & 2nd
               Reading con't. to 8/28/06)
               Fact Sheet (570K)


PENDING LIST  (EXTENDED ONE WEEK)

42)  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)

43)  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)

44)  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)

45)  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)

46)  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)

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)  06-16     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, AUGUST 7, 2006 AT 4:30 P.M.:

     NONE



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 (8/9/06)  PRIOR TO THE NEXT FORMAL CITY COUNCIL
     MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 8/14//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 AUGUST
     ARE THE 14th AND 28th .




ADJOURNMENT  6:07 P.M.



ANNOUNCEMENTS:
The Public Hearing on the 1 and 6 Year Street & Highway Program,
the  2006-07 Mayor's Recommended Annual Operating Budget and
Capital Improvement Program FY 2006-12 will begin after the
Regular City Council Meeting which begins at 4:30 p.m. on
Monday, August 7, 2006.





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                  on 5 City-TV, Cable Channel 5.
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                              lincoln.ne.gov
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