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City of Lincoln City Council Office Formal Agenda |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 14, 2006 AT 1:30 P.M.
ALL MEMBER PRESENT EXCEPT SVOBODA
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF JULY, 2006 WAS
PRESENTED TO OFFICER JOHN AMEN OF THE LINCOLN POLICE DEPT. IN THE
CATEGORY OF PRODUCTIVITY.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Michael Marts, Inc. dba Michael
Mart for a Class D liquor license at 2801 N.W.
48th Street.(ADOPTED FOR APPROVAL, 6-0; A-83967)
2) Manager application of Michael A. McCurdy for
Michael Marts, Inc. dba Michael Mart at 2801 N.W.
48th Street.(ADOPTED FOR APPROVAL, 6-0; A-83968)
3) Manager application of Douglas Larkins for
Whitehead Oil Company dba U-Stop Convenience Shop
at 3244 Cornhusker Highway.(ADOPTED FOR APPROVAL,
6-0; A-83969)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 4 THRU 10 HAD 2ND READING; SEE ITEM #6)
4) 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)
5) 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)
6) 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. (PUBLIC HEARING CONTINUED
W/ACTION ON 9/11/06, 6-0)
Fact Sheet (8K)
7) 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)
8) 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)
9) 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)
10) 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)
PUBLIC HEARING - RESOLUTIONS
11) 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. (ADOPTED, 6-0; A-83970)
Fact Sheet (13K)
Attachment (19K)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
12) Setting the hearing date of August 28, 2006 at
5:30 p.m. for Application of Blue Orchid, LLC dba
Blue Orchid for an addition to premises by adding
a sidewalk caf‚ approximately 33' x 16' on the
south side of 129 N. 10th St., Ste. 111.
(ADOPTED, 6-0; A-83971)
13) Setting the hearing date of August 28, 2006 at
5:30 p.m. for Application of Roboco, Inc. dba
Wasabi! for a liquor catering license at 239 N.
14th Street.(ADOPTED, 6-0; A-83972)
14) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
15) Clerk's Letter and Mayor's Approval of ordinances
and resolutions passed by Council on August 7,
2006. (PLACED ON FILE)
16) Report from City Treasurer of franchise tax for
the month of June, 2006 from Aquila. (PLACED ON
FILE)
17) Report from City Treasurer of Telecommunication
Occupation Tax for the month of April, 2006:
Norstan Network; May, 2006; Cricket, USCOC
of Greater Iowa, AT&T of Midwest, Nebraska
Technology & Telecomm., Alltel, Alltel Comm. of
NE, New Cingular, Quantum Shift, ACN, Intelicall,
UCN, USCOC of NE/KS, Trans Nat'l, Advanced Tel,
Qwest, Teleplus Wireless, Airlink Mobile, Business
Prod. Solutions, CIMCO, Verizon Select, Norstan
Network, Guaranteed Phone Service, Working Assets,
XO Comm., Onstar, Global Crossing, Verizon-Bell
Atlantic, Andiamo, Telecorp, Virgin Mobile USA,
Primus, Broadwing, McLeodUSA, VoiceCom, Broadband
Dynamics, CoVista, Earthlink, TracFone, Cincinnati
Bell Any Distance, IBM Global, KDDI America;
June, 2006: D& D Comm., Sprint Spectrum,
Alltel Nebraska, Alltel Systems of the Midwest,
Sprint, TWC Info Services of Nebraska, MCI
WorldCom, Alltel, Alltel Communications of NE,
Nextel Partners, Network Billing, BT Americas,
Zone Telecom, Tri-M, NOS, GTC, LDMI, Affinity
Network, Acceris, Lightyear Network Solutions, SBC
Long Distance, 800 Response Information Services,
Nextel West, ATS Mobile, Comtel Telcom Assets LP,
NOSVA; April - June, 2006: Trinsic, Comtech
21, Touch 1, HELIO, NECC , Matrix, AmeriVision,
Network US. (PLACED ON FILE)
18) 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.
ADOPTED, 6-0; A-83973)
Attachment (220K)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 19 & 20 HAD 1ST READING)
19) 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)
20) 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)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
21) 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).(PASSED, 6-0; #18780)
Fact Sheet (138K)
Attachment (631K)
22) 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).
(PASSED, 6-0; #18781)
Fact Sheet (138K)
Attachment (43K)
23) 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).
(PASSED, 6-0; #18782)
Fact Sheet (138K)
Attachment (94K)
24) 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).
(PASSED, 6-0; #18783)
Fact Sheet (138K)
Attachment (55K)
25) 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).(PASSED, 6-0; #18784)
Fact Sheet (138K)
Attachment (228K)
26) 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).
(PASSED, 6-0; #18785)
Fact Sheet (138K)
Attachment (299K)
27) 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).
(PASSED, 6-0; #18786)
Fact Sheet (138K)
Attachment (67K)
28) 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).
(PASSED, 6-0; #18787)
Fact Sheet (138K)
Attachment (123K)
29) 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.(PASSED, 6-0;
#18788)
Fact Sheet (138K)
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. 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 21, 2006 AT 1:30 P.M.:
(APPROVED, 6-0)
41) 06R-159 Adopting the City of Lincoln 2006-2007 Annual
Operating Budget and Capital Improvement Program
for Fiscal Year 2006/07 - 2011/12.
42) 06R-153 Establishing a new schedule for solid waste user
charges for the Lincoln Solid Waste area.
Fact Sheet (60K)
43) 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.
Fact Sheet (67K)
44) 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.
Fact Sheet (60K)
45) 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.
Fact Sheet (64K)
46) 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 No. 780105, Antelope
Valley P & Q Street Bridges.
Fact Sheet (61K)
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 3:47 P.M.
***
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
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