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Formal Agenda
 

       ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, AUGUST 21, 2006 AT 1:30 P.M.

                        ALL MEMBERS PRESENT


PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)            Application of Nebraska CVS Pharmacy LLC dba
               CVS/Pharmacy #8610 for a Class C liquor license at
               2711 S. 48th Street.(ADOPTED FOR APPROVAL, 7-0; A-83974)

 2)            Manager application of Don Westerlin for Nebraska
               CVS Pharmacy LLC dba CVS/Pharmacy #8610 at 2711 S.
               48th Street.(ADOPTED FOR APPROVAL, 7-0; A-83975)

 3)            Application of Nebraska CVS Pharmacy LLC dba
               CVS/Pharmacy #8615 for a Class C liquor license at
               1401 Superior Street.(ADOPTED FOR APPROVAL, 7-0; A-83976)

 4)            Manager application of Don Westerlin for Nebraska
               CVS Pharmacy LLC dba CVS/Pharmacy #8615 at 1401
               Superior Street.(ADOPTED FOR APPROVAL, 7-0; A-83977)

 5)            Application of Nebraska CVS Pharmacy LLC dba
               CVS/Pharmacy #8616 for a Class C liquor license at
               5500 S. 56th Street.(ADOPTED FOR APPROVAL, 7-0; A-83978)

 6)            Manager application of Don Westerlin for Nebraska
               CVS Pharmacy LLC dba CVS/Pharmacy #8616 at 5500 S.
               56th Street.(ADOPTED FOR APPROVAL, 7-0; A-83979)

 7)            Application of Nebraska CVS Pharmacy LLC dba
               CVS/Pharmacy #8626 for a Class C liquor license at
               130-B N. 66th Street.(ADOPTED FOR APPROVAL, 7-0; A-83980)

 8)            Manager application of Don Westerlin for Nebraska
               CVS Pharmacy LLC dba CVS/Pharmacy #8626 at 130-B
               N. 66th Street.(ADOPTED FOR APPROVAL, 7-0; A-83981)

 9)            Application of Hoeked LLC dba The Sidetrack Tavern
               for a Class C liquor license at 935 O Street.
               (AMENDED, 7-0; ADOPTED AS AMENDED FOR 
               APPROVAL, 7-0; A-83982)

10)            Manager application of Joyce Durand for Hoeked LLC
               dba The Sidetrack Tavern at 935 O Street.
               (ADOPTED FOR APPROVAL, 7-0; A-83983)

11)            Application of Sifu, Inc. dba 2020 Convenience Stop for a Class D
               liquor license at 2020 O Street.(P.H. & ACTION DELAYED 
               FOR ONE WEEK TO 8/28/06, 7-0)

12)            Manager application of Sinh V. Chau for Sifu, Inc.
               dba 2020 Convenience Stop at 2020 O Street. 
               (P.H. & ACTION DELAYED FOR ONE WEEK TO 8/28/06, 7-0)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 13 
& 14 HAD 2ND READING)

13)  06-142    Authorizing a lease agreement between the City
               (Lessee) and the Airport Authority (Lessor) for
               land and a fire station for a period of 31 years
               with an additional term of 30 years; rent to be
               paid in accordance with the terms of the
               Interlocal Agreement. (Related Items: 06-142,
               06R-157)
               Fact Sheet (45K)
               Attachment (1331K)

14)  06R-157   Approving an Interlocal Agreement between the City
               and the Airport Authority authorizing the Airport
               Authority to build a fire station and associated
               facilities on land totaling approximately 42,400
               square feet, to lease such property to the City
               through a long term lease agreement, and setting
               the rent based on the final cost of the
               building(s) not to exceed $7,389 per month.
               (Related Items: 06-142, 06R-157)
               (Action Date: 8/28/06)
               Fact Sheet (47K)
               Attachment (23K)


PUBLIC HEARING - RESOLUTIONS

15)  06R-159   Adopting the City of Lincoln 2006-2007 Annual
               Operating Budget and Capital Improvement Program
               for Fiscal Year 2006/07 - 2011/12. (SUBSTITUTE 
               RESOLUTION ADOPTED, 6-1; CAMP DISSENTING; A-83984)

16)  06R-153   Establishing a new schedule for solid waste user
               charges for the Lincoln Solid Waste area. 
               (ADOPTED, 7-0; A-83985)
               Fact Sheet (60K)
               

17)  06R-154   Approving disposal fees and minimum load fees for
               disposal of special liquid wastes transported by
               vehicle to and processed by the Liquid Waste Dump
               station at the Theresa Street Wastewater Treatment
               Facility and changing the normal operating hours
               and extended hours of operation for the Liquid
               Waste Dump Station Facilities of the Lincoln
               Wastewater System. (ADOPTED, 7-0; A-83986)
               Fact Sheet (67K)

18)  06R-155   Approving a new schedule for wastewater use
               charges and approving the issuance of additional
               revenue bonds for the Capital Improvements Program
               Fiscal Year 2006-2007 through Fiscal Year 2011 -
               2012. (SUBSTITUTE RESOLUTION ACCEPTED, 7-0; 
               ADOPTED, 7-0; A-83987)
               Fact Sheet (60K)

19)  06R-156   Approving a new schedule for water use charges and
               approving the issuance of additional revenue bonds
               for the Capital Improvements Program Fiscal Year
               2006-2007 through Fiscal Year 2011 - 2012.
               (SUBSTITUTE RESOLUTION ACCEPTED, 7-0; 
               ADOPTED 7-0;  A-83988)
               Fact Sheet (64K)

20)  06R-158   Authorizing the Mayor to execute a multi-year
               Joint Antelope Valley Authority (JAVA) project
               contract per City Ordinance when funding
               appropriations comes from more than one fiscal
               year CIP for City Project 780105, Antelope Valley
               P & Q Street Bridges. (ADOPTED, 7-0; A-83989)
               Fact Sheet (61K)


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

                    - CONSENT AGENDA -

PETITIONS & COMMUNICATIONS

21)            THE FOLLOWING WERE REFERRED TO THE PLANNING DEPARTMENT:
               Change of Zone No. 06050 St. Fidelis of
               Sigmaringen Religious and Educational Center
               Planned Unit Development - App. of the
               Catholic Bishop of Lincoln for a change of zone
               from R-1 Residential District to R-1 Residential
               District PUD on property generally located at A
               Street and Eldon Drive.
               Change of Zone No. 06052 - App. of the
               Director of Planning to amend Section 27.65.020 of
               the Lincoln Municipal Code to adjust the minimum
               coverage area and bonus for an AG CUP Agricultural
               District Community Unit Plan, utilizing a
               community wastewater system in the Build-Through
               area.
               Change of Zone No. 06053 - App. of E.S.P.,
               Inc. on behalf of Hartland Homes, Inc., from AG
               Agricultural District to R-3 Residential District
               on property generally located at N. 14th Street 
               and Humphrey Avenue.
               Change of Zone No. 06055 - App. of Director
               of Urban Development from H-2 Highway Business
               District to B-3 Commercial District on property
               generally located at N. 52nd and "O"
               Streets.
               Special Permit No. 05015A - App. of E.S.P.,
               Inc. on behalf of Hartland Homes, Inc., for an
               amendment to Hartland's Garden Valley Community
               Unit Plan on property generally located at N.
               14th Street and Humphrey Avenue.
               Special Permit No. 06046, Dakota Springs
               Community Unit Plan - App. of S.W.L.
               Development, LLC, for approx. 12 single family
               dwelling units on property generally located at SW
               2nd Street and W. Saltillo Road.

22)            Setting the hearing date of September 11, 2006 for
               the app. of Empyrean Brewing Company dba Fireworks
               Restaurant for a Class L liquor license at 5750 S.
               86th Drive. (ADOPTED, 7-0; A-83990)

23)            Setting the hearing date of September 11, 2006 for
               the app. of Lazlo, Inc. dba Fireworks Restaurant
               for a Class CK liquor license at 5750 S.
               86th Drive. (ADOPTED, 7-0; A-83991)

24)            Informal Petitions submitted from Brian Moore and
               Ron and Cathy Davidson for the creation of a Water
               District in Orchard Street from North
               67th to North 68th Streets. (Received from 
               Public Works/Engineering Services 8/10/06)
               (REFERRED TO PUBLIC WORKS DEPT.)


25)       MISCELLANEOUS REFERRALS - NONE

REPORTS OF CITY OFFICERS - NONE


                    - END CONSENT AGENDA -

                   -   END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)(ITEMS 26 
& 27 HAD 1ST READING)

26)  06-143    Approving a License Agreement between the City and
               Alltel for the placement of a telecommunications
               tower and facilities to be located on City
               property at Van Dorn Park at 9th and Van Dorn
               Streets.
               Fact Sheet (44K)
               Attachment (687K)

27)  06-145    Amending Title 8 of the Lincoln Municipal Code
               relating to Health and Sanitation by creating a
               new Chapter 8.52, Graffiti Abatement Act, to set
               forth the title, purpose and definitions, to
               prohibit the act of placing graffiti on any public
               or private building, to prohibit the failure to
               remove graffiti, defining graffiti as a public
               nuisance and providing for notice and abatement
               procedures, to provide the means and conditions
               for appealing a notice and order to abate
               graffiti, and to provide for the enforcement and
               penalties for violations.
               Fact Sheet (13K)


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

28)  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. (PASSED, 7-0; #18789)
               Fact Sheet (56K)
               Attachment (65K)

29)  06-136    Approving a transfer of appropriations and cash
               (where appropriate) between projects within
               several funds within the Public Works & Utilities
               Department. (PASSED, 7-0; #18790)
               Fact Sheet (54K)

30)  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. (PASSED, 7-0; #18791)
               Fact Sheet (24K)

31)  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. (PASSED, 7-0; #18792)
               Fact Sheet (55K)

32)  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. (PASSED, 7-0; #18793)
               Fact Sheet (9K)

33)  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. (AMENDMENT #1 ADOPTED, 4-3; 
               CAMP, ESCHLIMAN, SVOBODA DISSENTING; AMENDMENT #2 
               ADOPTED, 7-0; PASSED AS AMENDED, 7-0; #18794)
               Fact Sheet (8K)


PENDING LIST - DATE CERTAIN

34)  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)

35)  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. con't.
               to 7/24/06) (7/24/06 - P.H. con't. to 8/28/06)
               Fact Sheet (570K)

36)  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. (8/14/06 - P.H. & Action con't. to 9/11/06)
               Fact Sheet (8K)


PENDING LIST   (EXTENDED ONE WEEK)

37)  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)

38)  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)

39)  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)

40)  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)

41)  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)

42)  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)

43)  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)

44)  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)

45)  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 28, 2006 AT 5:30 P.M.:
                                                    (APPROVED, 7-0)

46)  06R-160   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of August 1 - 15,
               2006.
               Fact Sheet (13K)
               Attachment (19K)

47)  06R-161   Approving the 2006 - 07 Work Plan for the
               Interlocal Agreement on Stormwater Management
               between the City and Lower Platte South Natural
               Resources District regarding stormwater quality
               and quantity issues.
               Fact Sheet (57K)
               Attachment (178K)

48)  06R-162   Approving the name of Martin Prairie for the 467
               acres of recently acquired prairie land west of
               Pioneers Park.
               Fact Sheet (53K)

49)  06R-163   Reappointing William Lester to the Community
               Health Endowment Board of Trustees for a three-
               year term expiring September 1, 2009.

50)  06R-164   Appointing Alison Larson, Maria Lintel Prendes,
               and Lois Baldwin to the Community Health Endowment
               Board of Trustees for three-year terms expiring
               September 1, 2009.
               Attachment (163K)

51)  06R-165   Appointing Joyce Ebmeier to the EMS, Inc. Board of
               Directors to fill an unexpired three-year term
               expiring March 28, 2008.
               Attachment (25K)

52)  06R-166   Appointing Christi Chaves to the EMS, Inc. Board
               of Directors to fill an unexpired three-year term
               expiring March 28, 2007.
               Attachment (30K)


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 (8/23/06)  PRIOR TO THE NEXT FORMAL CITY COUNCIL
     MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 8/28/06.


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    3:49 P.M.     

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