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City of Lincoln City Council Office 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.
***
The City Council Meeting
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.
****
The City Council Agenda and Action Sheet may be accessed on the Internet at:
lincoln.ne.gov
***
City Council
Meetings