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Formal Agenda
 

        ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
               MONDAY, AUGUST 7, 2006 AT 4:30 P.M.

                       ALL MEMBERS PRESENT

   PUBLIC HEARING ON THE 1 & 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

PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE

   
PUBLIC HEARING
ORDINANCES - 2ND  READING & RELATED RESOLUTIONS (as required)
(ITEMS 1 THRU 9 HAD 2ND READING, SEE ITEM 10)

1)   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)

2)   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)

3)   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)

4)   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)

5)   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)

6)   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)

7)   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)

8)   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)

9)   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)

10)  06R-150   Approving the labor contract between the City and
               the Amalgamated Transit Union effective August 24,
               2006. (ADOPTED, 6-1; ESCHLIMAN DISSENTING; A-83961)
               Fact Sheet (47K)
               Attachment (116K)


PUBLIC HEARING - RESOLUTIONS

11)  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. con't. to 8/7/06) (SUBSTITUTE 
               AGREEMENT ACCEPTED, 7-0; ADOPTED, 7-0; A-83962)
               Fact Sheet (48K)
               Attachment (15K)

12)  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. con't. to 8/7/06)
               (ADOPTED, 7-0; A-83963)
               Fact Sheet (47K)
               Attachment (444K)

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 DEPARTMENT:               
               Special Permit No. 2045A - App. of ESP,
               Inc. for an amendment to expand the boundaries of
               the special permit on property generally located
               at NW 56th Street and West Partridge Lane.
               Change of Zone No. 06046 - App. of ESP,
               Inc. for a change of zone from AG Agricultural
               District to R-3 Residential District on property
               generally located at NW 56th Street and West 
               Madison Avenue.
               Change of Zone No. 06047 - App. of ESP,
               Inc. for a change of zone from AG Agricultural
               District to R-3 Residential District on property
               generally located at S. 96th Place and Old Cheney Road.

14)            Setting the Hearing Date of Monday, August 21,
               2006 at 1:30 p.m. for the App. of Sifu, Inc. dba 
               2020 Convenience Stop for a Class D liquor license
               at 2020 O Street. (ADOPTED, 7-0; A-83964)

15)            Setting the Hearing Date of Monday, August 21, 2006 
               at 1:30 p.m. for the App. of Hoeked, LLC dba
               The Sidetrack Tavern for a Class C liquor license
               at 935 O Street. (ADOPTED, 7-0; A-83965)


16)       MISCELLANEOUS REFERRALS - NONE

REPORTS OF CITY OFFICERS

17)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               idle funds during the month ended June 30, 2006.
               (ADOPTED, 7-0; A-83966)

18)            Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for July, 2006. 
               (PLACED ON FILE)
              
19)            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)

20)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on July
               31, 2006. (PLACED ON FILE)


                    - END CONSENT AGENDA -

                   -   END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)(ITEMS 21 
THRU 27 HAD 1ST READING)

21)  06-135    Approving an agreement between the City and
               Sheridan Lutheran Church for the lease of space by
               the Lincoln Area Agency on Aging for its ActivAge
               Center program at 6955 Old Cheney Road for a
               period of July 17, 2006 through September 30,
               2006.
               Fact Sheet (56K)
               Attachment (65K)

22)  06-136    Approving a transfer of appropriations and cash
               (where appropriate) between projects within
               several funds within the Public Works & Utilities
               Department.
               Fact Sheet (54K)

23)  06-137    Amending Title 5 of the Lincoln Municipal Code
               relating to Licenses and Regulations by amending
               or repealing sections within Chapter 5.41,
               Salvaging, Recycling and Composting Operations, to
               delete provisions relating to salvaging operations
               and to make Chapter 5.41 apply only to recycling
               and composting operations; adding a new Chapter
               5.43 entitled Salvage Dealers and Salvage
               Collectors to establish and relocate provisions
               dealing with salvaging operations previously found
               in Chapter 5.41.
               Fact Sheet (8K)

24)  06-138    Change of Zone 06021 - Amending Sections 27.69.046
               and 27.69.081 of the Lincoln Municipal Code
               relating to signs in the B-2 Planned Neighborhood
               Business District and I-3 Employment Center
               District, respectively, to delete the requirement
               that the on-premises ground sign for a free-
               standing pad site building be located within
               thirty feet of the building.
               Fact Sheet (24K)

25)  06-139    Street Name Change 06003 - Renaming that portion
               of S.W. 78th Street south of West Walin Lane as
               S.W. 77th Street, located in Meadow View 1st
               Addition.
               Fact Sheet (55K)

26)  06-140    Amending Section 9.36.100 of the Lincoln Municipal
               Code relating to the unlawful possession of
               firearms by adding convictions for crimes of
               assault, unlawful intrusion, violation of custody,
               domestic assault, first degree criminal trespass,
               contributing to the delinquency of a child, public
               indecency/exposure, operating a vehicle to
               avoid/flee arrest, any violation of the Nebraska
               Uniform Controlled Substances Act, unlawful use of
               toxic compounds, and more than two convictions for
               DWI and/or refusal to submit to a chemical test,
               to the pre-existing list of named offenses,
               conviction of which preclude possession of any
               firearm.
               Fact Sheet (9K)

27)  06-141    Amending Chapter 9.36 of the Lincoln Municipal
               Code relating to Weapons by adding a new section
               numbered 9.36.130 to make it unlawful to possess
               firearms or dangerous weapons in city and/or
               county facilities.
               Fact Sheet (8K)


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

28)  06-115    Amending Section 14.20.020 of the Lincoln
               Municipal Code to increase the application fee for
               the vacation of public ways. (7/31/06 - Tie
               Vote, carries over to 8/7/06)(LOST, 2-5; MARVIN, 
               NEWMAN ASSENTING; #38-4535)
               Fact Sheet (15K)

29)  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.
               (PASSED, 7-0; #18779)
               Fact Sheet (14K)


PENDING LIST - DATE CERTAIN

30)  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)

31)  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. con't. to 8/28/06)
               Fact Sheet (570K)


PENDING LIST   (EXTENDED ONE WEEK)

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-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)

38)  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)

39)  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)

40)  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 14 2006 AT 1:30 P.M.:
                                                  (APPROVED, 7-0)
                                   
41)  06R-151   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of July 16 - 31,
               2006.
               Fact Sheet (13K)
               Attachment (19K)

42)  06R-152   Approving the appointment of Ann Ames to the KENO
               Human Services Prevention Advisory Board to fill
               an unexpired term expiring July 31, 2007.
               Attachment (220K)


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 THE OPEN MICROPHONE SESSION. OPEN MICROPHONE
     SESSIONS FOR AUGUST ARE THE 14th AND 28th.


ADJOURNMENT   5:09 P.M.     


RECONVENE     5:09 P.M.

                        PUBLIC HEARING

1)        ONE AND SIX YEAR STREET AND HIGHWAY PROGRAM

2)        2006-07 MAYOR'S RECOMMENDED ANNUAL OPERATING BUDGET AND
          CAPITAL IMPROVEMENT PROGRAM   FY 2006/07 - 2011/12


ADJOURNMENT   9:30 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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