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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 ***

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