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Formal Agenda
 

         ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
               MONDAY, SEPTEMBER 25,  2006 AT 5:30 P.M.

MOTION TO SET DATE OF OCTOBER 2, 2006 AT 1:30 P.M. FOR THE BOARD OF 
 EQUALIZATION FOR SIDEWALK DISTRICT NO. 94 ON THOSE PROPERTIES NOT 
 ASSESSED.  (APPROVED 5-0; CAMP, COOK ABSENT)

                      ALL MEMBERS PRESENT


PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)            Manager application of William J. Wagner
               for Planet Subs Nebraska, LLC, dba
               Planet Subs at 1332 P Street. (P.H. & ACTION DELAYED 
               ONE WK. TO 10/2/06, 7-0)

PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)(ITEMS 2 
THRU 7 HAD 2ND READING)

 
 2)  06-153    Creating Water District No. 1195 in N.W. 19th
               Street between West Q and West S Streets and
               assessing the costs thereof against the benefitted
               property.
               Fact Sheet (59K)
               Attachment (570K)

 3)  06-154    Creating Sewer District No. 1182 in South 15th
               Street between Mulberry and Plum Streets and
               assessing the costs thereof against the benefitted
               property.
               Fact Sheet (58K)
               Attachment (850K)

 4)  06-155    Creating Water District No. 1196 in Orchard Street
               between N. 67th Street and N. 68th Street and
               assessing the costs thereof against the benefitted
               property.
               Fact Sheet (59K)
               Attachment (931K)

 5)  06-168    Accepting and approving a four month/400 hour
               seasonal lease agreement between the City of
               Lincoln and Nebraska Machinery to provide one
               motor grader for use by the Public Works &
               Utilities, Street Maintenance Operations, in
               arterial and residential snow removal, with an
               option to renew for three additional seasons.
               Fact Sheet (57K)
               Attachment (185K)

 6)  06-169    Accepting and approving a four month/400 hour
               seasonal lease agreement between the City of
               Lincoln and Murphy Tractor and Equipment to
               provide three motor graders for use by the Public
               Works & Utilities, Street Maintenance Operations,
               in arterial and residential snow removal, with an
               option to renew for three additional seasons.
               Fact Sheet (58K)
               Attachment (384K)

 7)  06-170    Change of Zone 06040 - Application of the 40th & A
               Street Neighborhood Association to change the
               zoning on approximately 36 blocks within the 40th
               and A Street Neighborhood from B-1 Local Business
               District, R-6, R-5 and R-4 Residential Districts
               to R-2 Residential District and from B-1 Local
               Business District to R-4 Residential District on
               property generally located in the north and west
               portions of an area bounded by Randolph, 33rd,
               48th and A Streets.
               Fact Sheet (1833K)


PUBLIC HEARING - RESOLUTIONS

 8)  06R-182C  Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of August 16 - 31,
               2006. (9/18/06 - Claims of Loeske & Obst to
               have con't. Public Hearing w/Action 9/25/86)
               (AMENDED, 4-3; CAMP, NEWMAN, SVOBODA DISSENTING; 
               ADOPTED AS AMENDED, 4-3; CAMP, NEWMAN SVOBODA 
               DISSENTING; A-84047)

 9)  06R-187   Application of Speedway Properties to use the
               public right-of-way for construction of an
               accessible ramp and landing for on property at
               1644 P Street. (ACTION DELAYED 2 WKS. TO 
               10/9/06, LOST 3-4; CAMP, ESCHLIMAN, SVOBODA 
               ASSENTING; ADOPTED, 7-0; A-84048)
               Fact Sheet (57K)
               Attachment (244K)

10)  06R-188   Comp. Plan Amendment 06001 - Amending the 2025
               Lincoln-Lancaster County Comprehensive Plan to
               change land designated as Agricultural to
               Industrial and Commercial between N. 40th and N.
               56th Street, north of Interstate 80 and south of
               Bluff Road; to change land designated as
               Agricultural to Low Density Residential on the
               south side of Bluff Road, 1/4 mile west of N. 56th
               Street; and to designate all of the land in the
               proposal as Tier I, Priority A, and inside the
               Future Service Limit for Lincoln. (Related
               Items: 06R-188, 06R-189) (ADOPTED, 7-0; A-84049)
               Fact Sheet (317K)
               Fact Sheet (317K)

11)  06R-189   Comprehensive Plan Conformance 06008 - Adopting
               the North 56th and Arbor Road Redevelopment Plan
               on property generally bounded by North 40th Street
               on the west, North 70th Street on the east, from
               Bluff Road south to the Salt Creek, excluding the
               Bluff Road landfill. (Related Items: 06R-188,
               06R-189) (AMENDMENT #1 ADOPTED, 7-0; 
               AMENDMENT #2 ADOPTED, 7-0; ADOPTED AS 
               AMENDED, 7-0; A-84050)
               Fact Sheet (397K)
               Attachment (3432K)


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

12)  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)
               (Request to waive Council Rules to  remove from
               Pending for P.H. 9/18/06, with Action 9/25)
               (9/18/06 - To have con't. P.H. & Action
               9/25/06)(AMENDMENT #1 TO ADOPT THE SUB. COND. 
               AGREEMENT, 7-0; ADOPTED AS AMENDED, 6-0; 
               MARVIN ABSTAINING; A-84051)

13)  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)
               (Request to waive Council Rules to remove from
               Pending for P.H. 9/18/06, with Action 9/25)
               (9/18/06 - To have con't. P.H. & Action
               9/25/06) (AMENDMENT #1 ADOPTED, 7-0; PASSED AS 
               AMENDED, 6-0; MARVIN ABSTAINING; #18806)

14)  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) (Request to waive
               Council Rules to remove from Pending for P.H.
               9/18/06, with Action 9/25) (9/18/06 - To
               have con't. P.H. & Action 9/25/06) (AMENDMENT #1 
               ADOPTED, 7-0; PASSED AS AMENDED, 6-0; MARVIN 
               ABSTAINING; #18807)
               Fact Sheet (217K)

15)  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) (Request to waive Council
               Rules to remove from Pending for P.H. 9/18/06,
               with Action 9/25) (9/18/06 - To have con't.
               P.H. & Action 9/25/06) (AMENDMENT #1 ADOPTED, 7-0; 
               ADOPTED AS AMENDED, 6-0; MARVIN ABSTAINING, A-84052)
               Fact Sheet (535K)


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

                    - CONSENT AGENDA -


PETITIONS & COMMUNICATIONS

16)            Setting the hearing date of Monday, October 9,
               2006 at 1:30 p.m. for the Manager Application of
               Ron Snover for Lancaster Co. Agricultural Society,
               Inc. dba Lancaster Event Center at 4100 N.
               84th Street. (ADOPTED, 7-0; A-84053)

17)            Setting the hearing date of Monday, October 9,
               2006 at 1:30 p.m. for the Application of Lead Dog
               Entertainment, Inc. dba Coyote Willy's for a Class
               C liquor license at 2137 Cornhusker Highway, Ste A.
               (ADOPTED, 7-0; A-84054)

18)            Setting the hearing date of Monday, October 9,
               2006 at 1:30 p.m. for the Manager Application of
               Troy Flannigan for O'Fourteen, Inc. dba Woody's
               Pub at 101 N. 14th Street, Ste. 6. 
               (ADOPTED, 7-0; A-84055)


19)       MISCELLANEOUS REFERRALS - NONE


REPORTS OF CITY OFFICERS

20)            Clerk's Letter and Mayor's Approval of ordinances
               and resolutions passed by Council on September 11,
               2006. (PLACED ON FILE)

21)            Clerk's Letter and Mayor's Approval of ordinances
               and resolutions passed by Council on September 18,
               2006. (PLACED ON FILE)

22)            Report of Nebraska Department of Roads 2007-2012
               Surface Transportation Program.  (PLACED ON FILE)

23)            Setting the Interest Rate and Levying the
               Assessments of Special Assessment Group II
               (Sidewalk District No. 94) from the Board of
               Equalization September 18, 2006. (ADOPTED, 7-0; 
               A-84056)

                    - END CONSENT AGENDA -

                   -   END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)(ITEMS 24 
THRU 34 HAD 1ST READING)

24)  06R-143   Comp. Plan Amendment 06004   Amending the 2025
               Lincoln-Lancaster County Comprehensive Plan, North
               48th Street/University Place Plan to show a
               redevelopment project southwest of 51st and
               Garland Streets. (Related Items 06R-143, 06-
               123, 06-171) (Action Date: 10/9/06)
               Fact Sheet (309K)

25)  06-123    Change of Zone 06035   Application of the Director
               of Parks & Recreation for a change of zone from P
               Public Use District to O-2 Suburban Office
               District on property generally located southwest
               of 51st and Garland Streets. (Related Items
               06R-143, 06-123, 06-171)
               Fact Sheet (450K)

26)  06-171    Approving a Ground Lease between the City and the
               Lincoln/Lancaster County Child Advocacy Center for
               the property located at lots 1 through 12, Block
               128, University Place, for the construction of a
               facility to provide a safe, child-friendly
               environment for interviews and medical exams of
               child victims for an initial 30-year term.
               (Related Items 06R-143, 06-123, 06-171)
               Fact Sheet (51K)
               Attachment (656K)

27)  06-172    Approving an agreement between the City and
               American Legion Post #280 for the lease of space
               by the Lincoln Area Agency on Aging for its
               ActivAge Center program at 970 Monroe, Bennet, NE
               for a period of September 1, 2006 through August
               31, 2007.
               Fact Sheet (57K)
               Attachment (64K)

28)  06-178    Approving an agreement between the City and First
               United Methodist Church/Waverly for the lease of
               space by the Lincoln Area Agency on Aging for its
               ActivAge Center program at 14410 Folkestone
               Street, Waverly, NE for a period of September 1,
               2006 through August 31, 2007.
               Fact Sheet (54K)
               Attachment (61K)

29)  06-173    Change of Zone 06057   Application of Restaurants
               Space 1997A, Inc. and DeeJays Corporation for a
               change of zone from B-1 Local Business District to
               B-2 Planned Neighborhood Business District on
               property generally located northeast of the
               intersection of South 48th Street and Van Dorn
               Street. (Related Items: 06-173, 06R-191)
               Fact Sheet (174K)

30)  06R-191   Pre-Existing Use Permit 8F   Application of
               Restaurants Space 1997A, Inc. and DeeJays
               Corporation, to expand the pre-existing use
               permit, including requests to adjust the parking
               from one space per 100 square feet of floor are to
               one space per 150 square feet of floor area and to
               adjust the front yard setback from 20 feet to 6
               feet for parking, on property generally located
               northeast of the intersection of Van Dorn Street
               and South 48th Street. (Related Items: 06-173,
               06R-191) (Action Date: 10/9/06)
               Fact Sheet (330K)

31)  06-174    Change of Zone 06056   Amending Section 27.67.020
               of the Lincoln Municipal Code, Parking Matrix, to
               change the off-street parking requirement in the
               H-2 Highway Business and H-3 Highway Commercial
               zoning districts from one parking space per 200
               square feet of floor area to one parking space per
               300 square feet of floor area.
               Fact Sheet (37K)

32)  06-175    Change of Zone 06054   Amending Sections
               27.13.080, 27.15.080, 27.17.080, 27.19.080,
               27.21.080, 27.23.080 and 27.24.080 of the Lincoln
               Municipal Code relating to the R-1, R-2, R-3, R-4,
               R-5, R-6, R-7, and R-8 zoning districts to provide
               provisions regarding the use of vacant and
               occupied lots which have less area or width or
               both less area and width than required by said
               district regulations; amending Section 27.61.090
               to limit the number of dwelling units in a
               nonstandard multiple dwelling which is enlarged,
               extended or reconstructed, and amending the
               statement of intent in Chapters 27.21, 27.23, and
               27.24 to delete boarding and lodging houses which
               are no longer permitted uses in those districts.
               Fact Sheet (26K)

33)  06-177    Change of Zone 06045   Application of the
               Witherbee Neighborhood Association for a change of
               zone from R-4 Residential to R-2 Residential on
               approximately 48 blocks generally between 33rd and
               48th Streets from O Street to Randolph Street,
               from B-1 Local Business to R-2 Residential at 48th
               and Randolph Streets, and from O-2 Suburban Office
               to R-2 Residential for Calvary Cemetery at 40th
               and O Street. 
               Fact Sheet (2483K)

34)  06-176    Change of Zone 06052   Amending Section 27.65.020
               of the Lincoln Municipal Code to adjust the
               minimum coverage area and bonus for an
               Agricultural District Community Unit Plan,
               utilizing a community wastewater system in the
               Build-Through area.
               Fact Sheet (145K)


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

35)  06-156    Amending Chapter 2.76 of the Lincoln Municipal
               Code to increase longevity pay for employees with
               a pay range prefixed by "X" and for part-time NAGE
               employees and to allow for accruals of 80 hours
               over their annual maximum vacation accrual for
               employees in a pay range prefixed by "X". 
               (PASSED, 7-0; #18808)
               Fact Sheet (138K)

36)  06-157    Street Vacation 06001   Vacating N.W. 6th Street
               and N.W. 7th Street from the south right-of-way
               line of Blue Sage Boulevard to 50 feet south of
               the south right-of-way of Fallbrook Boulevard, and
               to vacate Fallbrook Boulevard from 175 feet east
               of Tallgrass Parkway roundabout to 50 feet west of
               Stonebrook Parkway roundabout. (PASSED, 7-0; #18809)
               Fact Sheet (316K)

37)  06-158    Annexation 06011 Hartland's Cardinal Heights 2nd -
               Amending the Lincoln Corporate Limits Map by
               annexing approximately 22 acres of property
               generally located southwest of the intersection of
               N.W. 56th Street and W. Adams Street. (Related
               Items: 06-158, 06-159, 06R-185) (PASSED, 7-0; #18810)
               Fact Sheet (194K)

38)  06-159    COZ 06046 - Application of Hartland Homes, Inc.
               for a change of zone from AG Agricultural District
               to R-3 Residential District on property generally
               located southwest of the intersection of N.W. 56th
               Street and W. Adams Street. (Related Items: 06-
               158, 06-159, 06R-185) (PASSED, 7-0; #18811)
               Fact Sheet (226K)

39)  06R-185   Appeal of Hartland Homes Inc. from the conditions
               of the Planning Commission approval of Special
               Permit 2045A, for the development of Hartland's
               Cardinal Heights 2nd Addition Community Unit Plan
               on property generally located at N.W. 56th Street
               and Partridge Lane. (Related Items: 06-158, 06-
               159, 06R-185) (Action Date: 9/25/06) (AMENDMENT #1 
               ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0; A-84057)
               Fact Sheet (610K)

40)  06R-186   Approving the Jensen Park Estates Conditional
               Annexation and Zoning Agreement between the City
               and Jensen Park LLC, relating to the annexation of
               approximately 44.50 acres of property generally
               located at the northeast corner of S. 84th Street
               and Yankee Hill Road. (Related Items: 06R-186,
               06-160, 06-161) (Action Date: 9/25/06) 
               (ADOPTED, 7-0; A-84058)
               Attachment (574K)

41)   06-160   Annexation 04012 Jensen Park - Amending the
               Lincoln Corporate Limits Map by annexing
               approximately 66 acres of property generally
               located at South 84th Street and Yankee Hill Road.
               (Related Items: 06R-186, 06-160, 06-161)
               (PASSED, 7-0; #18812)
               Fact Sheet (309K)

42)  06-161    Change of Zone 04079 - Application of Jensen Park
               LLC for a change of zone from AG Agricultural to
               R-3 and R-4 Residential on property generally
               located at South 84th Street and Yankee Hill Road.
               (Related Items: 06R-186, 06-160, 06-161)
               (PASSED, 7-0; #18813)
               Fact Sheet (296K)

43)  06-162    Change of Zone 06055 - Application of the City of
               Lincoln Urban Development Department for a change
               of zone from H-2 Highway Business District to B-3
               Commercial District on property generally located
               at 5000 O Street. (PASSED, 7-0; #18814)
               Fact Sheet (363K)

44)  06-163    Change of Zone 06050 - Application 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. (PASSED, 7-0; #18815)
               Fact Sheet (543K)

45)  06-164    Approving an Agreement between the City and St.
               James United Methodist Church for the lease of
               space by the Lincoln Area Agency on Aging for its
               ActivAge Center program at 2400 S. 11th Street for
               a period of September 1, 2006 through August 31,
               2007. (PASSED, 7-0; #18816)
               Fact Sheet (57K)
               Attachment (60K)


PENDING LIST - DATE CERTAIN

46)  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) (9/11/06 - P.H. & Action
               con't. to 10/9/06)
               Fact Sheet (8K)


PENDING LIST   (EXTENDED ONE WEEK)

47)  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)

48)  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)

49)  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)

50)  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)

51)  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, OCTOBER 2, 2006 AT 1:30 P.M.:
                                                     (APPROVED, 7-0)

52)  06R-190   Approving a Consent Decree between Developmental
               Services of Nebraska and the City of Lincoln to
               resolve a lawsuit in the United States District
               Court in connection with the operation of housing
               developmentally disabled persons.
               Attachment (378K)

53)  06R-192   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of September 1 -
               15, 2006.
               Fact Sheet (13K)
               Attachment (21K)

54)  06R-193   Supporting the passage of Constitutional Amendment
               2 to the Nebraska Constitution to allow public
               endowments such as the Community Health Endowment
               to invest its assets in accordance with the
               "prudent investment standard."
               Fact Sheet (45K)

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 (9/20/06)  PRIOR TO THE NEXT FORMAL CITY COUNCIL
     MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 9/25/06.


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 SEPTEMBER ARE THE 11th AND 25th.


ADJOURNMENT     9:40 P.M.



ANNOUNCEMENTS
     The Board of Equalization for Sidewalk District No. 94 will
reconvene for Public Hearing & Action on those properties not
assessed on Monday, October 2, 2006, at 1:30 p.m. immediately
preceding the formal City Council Meeting.






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