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City of Lincoln City Council Office Formal Agenda |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 2, 2006 AT 1:30 P.M.
ALL MEMBERS PRESENT
Immediately Preceding the Formal Council Meeting, the City Council Will Convene
as the Board of Equalization to Equalize Assessments on Certain Properties
Not Equalized in Sidewalk District No. 94. (THE FOLLOWING PROPERTIES WERE
REMOVED FROM THE ASSESSMENTS)
Eastborough Swimming Pool Assoc. Lots 11, 12, 13, ex N20', Eastborough 2nd
Add. (DISSENTING: CAMP, MCROY, SVOBODA)
Edenton South Homeowners' Assoc. Outlot C, Edenton South Add.
(DISSENTING: MARVIN, MCROY, NEWMAN)
Drewel, Kenneth W. & Deborah L. Lot 251, IT., NE 1/4 Section 8-10-7
(DISSENTING: CAMP, MARVIN, NEWMAN)
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of William J. Wagner
for Planet Subs Nebraska, LLC, dba Planet Subs
at 1332 P Street.(9/25/06 - P.H. & Action con't. to
10/2/06)(ADOPTED FOR APPROVAL, 7-0; A-84059)
2) Manager application of Charles R. Heinke for
Sesostris Temple Holding Corp. dba Sesostris Temple
at 1717 Yolande Avenue. (ADOPTED FOR
APPROVAL, 7-0; A-84060)
3) Application of B&R Stores, Inc. dba Russ's Market
#14 for a Class C liquor license at 6300 Havelock
Avenue. (ADOPTED FOR APPROVAL, 7-0; A-84061)
4) Manager application of Crystal J. McCarthy for B&R
Stores, Inc. dba Russ's Market #14 at 6300 Havelock
Avenue. (ADOPTED FOR APPROVAL, 7-0; A-84062)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 5
THRU 15 HAD 2ND READING)
5) 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)
6) 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)
7) 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)
8) 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)
9) 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)
10) 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)
11) 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)
12) 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)
13) 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)
14) 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)
15) 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)
PUBLIC HEARING - RESOLUTIONS
16) 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. (ADOPTED, 4-3;
COOK, MARVIN, NEWMAN DISSENTING; A-84063)
Attachment (378K)
Attachment (24K)
17) 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. (ADOPTED, 7-0; A-84064)
Fact Sheet (13K)
Attachment (21K)
18) 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."
(ADOPTED, 7-0; A-84065)
Fact Sheet (45K)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
19) THE FOLLOWING HAVE BEEN REFERRED TO THE
PLANNING DEPARTMENT:
Change of Zone 06063 - App. of North 47
Group, LLC, for the North 40 Plaza Planned Unit
Development, for a change from AG to B-2 and from
AG to R-3 and for waivers of the rear yard setback
& the preliminary plat process to allow approx. 74
residential dwelling units and commercial lots on
property at N. 84th Street and Adams Street.
Special Permit 1393B - App. of Nebraska
School of Gymnastics South, Inc for an amendment
for expansion of an existing private school on
property at 7545 Pioneers Boulevard.
Special Permit 06053 - App. of Ever
Preciado to sell alcoholic beverages for
consumption on the premises at 27th and O
Streets.
Use Permit 146B - App. of West Gate Bank
for an amendment to adjust the sign requirements
to allow an additional sign and sign area on
property at 6003 Old Cheney Road.
20) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS - NONE
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)(ITEM 21
HAD 1ST READING)
21) 06-179 Approving an agreement between the City and Clyde
Malone Community Center for the lease of space by
the Lincoln Area Agency on Aging for its ActivAge
Center program at 2032 U Street for a period of
September 1, 2006 through August 31, 2007.
Fact Sheet (57K)
Attachment (64K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
22) 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. (LOST 3-4; CAMP,
ESCHLIMAN, SVOBODA ASSENTING; #38-4538)
Fact Sheet (59K)
Attachment (570K)
23) 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. (LOST 1-6; SVOBODA ASSENTING; #38-4539)
Fact Sheet (58K)
Attachment (850K)
24) 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. (PASSED 7-0; #18817)
Fact Sheet (59K)
Attachment (931K)
25) 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.
(PASSED 7-0; #18818)
Fact Sheet (57K)
Attachment (185K)
26) 06-169 Accepting and approving four month/400 hour
seasonal lease agreements 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.
(PASSED 7-0; #18819)
Fact Sheet (58K)
Attachment (384K)
27) 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. (AMENDED, 7-0; MOTION TO DELAY
ACTION TO 10/16 LOST, 2-5; CAMP, ESCHLIMAN, ASSENTING;
PASSED AS AMENDED 7-0; #18820)
Fact Sheet (1833K)
PENDING LIST - DATE CERTAIN
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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 9, 2006 AT 1:30 P.M.:
(APPROVED 7-0)
34) 06R-194 Approving appropriations in the amount of
$41,650.00 from the operation of Keno lottery
funds for various human services.
Attachment (91K)
35) 06R-195 Approving an Agreement between the City and the
Nebraska Dept. of Roads so that federal and state
funding may be used for the construction and
construction engineering of the Safety Improvement
Project at the intersection of S. 56th Street and
Elkcrest Drive.
Fact Sheet (61K)
Attachment (1253K)
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 (10/4/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 10/9/06.
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 OCTOBER ARE THE 9th AND 30th.
ADJOURNMENT 4:20 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
Meetings