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City of Lincoln City Council Office Formal Agenda |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 9, 2006 AT 1:30 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF SEPTEMBER, 2006
WAS PRESENTED TO TRAVIS NILSEN, LABORER II, OF THE PARKS &
RECREATION DEPARTMENT IN THE CATEGORY OF SAFETY.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Prairie Fare Inc. dba P.O. Pear's
for a special designated license for an area
measuring 92 feet by 146 feet at 1800 State Fair
Park Drive on the 13th day of October, 2006 from
3:00 p.m. to 1:00 a.m. (ADOPTED FOR APPROVAL,
7-0; A-84066)
2) Manager application of Ron Snover for Lancaster
Co. Ag. Society, Inc dba Lancaster Event Center
located at 4100 N. 84th Street. (ADOPTED FOR
APPROVAL, 7-0; A-84067)
3) Application of Lead Dog Entertainment Inc. dba
Coyote Willy's for a Class C liquor license at
2137 Cornhusker Highway, Suite A.
(ADOPTED FOR APPROVAL, 4-3; COOK, ESCHLIMAN,
MCROY DISSENTING; A-84068)
4) Manager application of David B. Miller for Lead
Dog Entertainment, Inc. dba Coyote Willy's at 2137
Cornhusker Highway, Suite A. (ADOPTED FOR
APPROVAL, 4-3; COOK, ESCHLIMAN, MCROY DISSENTING;
A-84069)
5) Manager application for Troy Flannigan for
O'Fourteen, Inc. dba Woody's Pub at 101 N. 14th
Street, Suite 6. (ADOPTED FOR APPROVAL, 7-0;
A-84070)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)(ITEM 6
HAD 2ND READING)
6) 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)
PUBLIC HEARING - RESOLUTIONS
7) 06R-194 Approving appropriations in the amount of
$41,650.00 from the operation of Keno lottery
funds for various human services. (AMENDED, 6-1;
ESCHLIMAN DISSENTING; ADOPTED AS AMENDED, 6-1;
ESCHLIMAN DISSENTING; A-84071)
Attachment (91K)
8) 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. (ADOPTED, 7-0; A-84072)
Fact Sheet (61K)
Attachment (1253K)
PUBLIC HEARING
ORDINANCES - 3RD READING
9) 06-137 Amending Title 5 of the Lincoln Municipal Code
06-137S 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) (Request to con't. P.H. &
Action to 10/16/06) (P.H. & ACTION CON'T.
TO 10/16/06, 7-0)
Fact Sheet (8K)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
10) Report from City Treasurer of Telecommunications
Occupation Tax for 3rd and 4th quarters of
2005 & 1st quarter 2006: Digizip; June 2006:
NNSI; July 2006: Quantum, Earthlin, XO, OnStar,
Covista, Primus, Teleplus, Business Prod., CIMCO,
KDDI, Airlink, IBM Global, USCOC, NE, Intellical,
Andiana, UCN, Verizon, Telecorp, ACN, Bell-Atlantic,
TracFone Wireless,VoiceCom, ATI, McLead USA, Qwest,
Trans National, Broadband, Global Crossing, TRI-M,
Broadwing, Vigin Mobile, Working Assets, Cincinatti,
Bell, Norstran, New Cingular, NE Tech., Alltel,
WWC dba Allel, AT&T, Cricket,Windstream NE,
Windstream Midwest; August: ATS Mobile, NOSVA,
Acceris, SBC, BT Americas, Nextel West, Lightyear,
Globalcom, 360Networks, Affinity, Acceris, GTC,
NOS, LDMI, Zone, Windstream Midwest, Windstream NE,
Sprint, MCI Worldcom, TWC, Sprint Spectrum, D&D, NPCR.
(PLACED ON FILE)
11) Report from City Treasurer of Franchise tax for
the Month ending August, 2006 from Aquila.
(PLACED ON FILE)
12) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS
13) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for September, 2006.
(PLACED ON FILE)
14) Report of City Treasurer of Monthly Cash Report
for August, 2006. (PLACED ON FILE)
15) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by Council on September 25,
2006. (PLACED ON FILE)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)(ITEMS 16
THRU 20 HAD 1ST READING)
16) 06-180 Change of Zone 06061 - Application of Kappa House
Corporation of Delta Delta Delta Sorority to
designate the Delta Delta Delta Sorority House at
1601 R Street as a historic landmark.
Fact Sheet (808K)
17) 06-181 Amending Chapter 8.12 of the Lincoln Municipal
Code entitled Child Care Facilities to update the
provisions specifically governing the operation of
small family child care homes including requiring
training in first aid/CPR, disease prevention and
injury prevention; prohibiting smoking in the
home at all times; modifying record review permit
denials; adopting new operational regulations;
clarifying enforcement provisions; and clarifying
enforcement provisions to assure due process.
Fact Sheet (72K)
18) 06-182 Amending Chapter 8.14 of the Lincoln Municipal
Code entitled Early Childhood Programs to update
the provisions of the chapter to require training
in injury and disease prevention and safe food
handling, create permit fees, adopt new
operational regulations, and clarify enforcement
provisions to assure due process.
Fact Sheet (75K)
19) 06R-198 Updating and amending the Rules and Regulations
for the Care of Children and the Operation of
Small Family child Care Homes adopted pursuant to
Lincoln Municipal Code 8.12 to address issues
which pose health and safety risks to young
children in home based child care. (Action
Date: 10/23/06)
Fact Sheet (77K)
Attachment (25K)
20) 06-183 Approving an Agreement between the City and the
Panama Presbyterian Church for the lease of space
by the Lincoln Area Agency on Aging for its
ActivAge Center program at 2nd and Pine Streets,
Panama, Nebraska for a period of September 1, 2006
through August 31, 2007.
Fact Sheet (57K)
Attachment (65K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
21) 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) (ADOPTED, 7-0; A-84073)
Fact Sheet (309K)
22) 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) (PASSED, 7-0; #18821)
Fact Sheet (450K)
23) 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)
(PASSED, 7-0; #18822)
Fact Sheet (51K)
Attachment (656K)
24) 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. (PASSED, 7-0; #18823)
Fact Sheet (57K)
Attachment (64K)
25) 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. (PASSED, 7-0; #18824)
Fact Sheet (54K)
Attachment (61K)
26) 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)
(PASSED, 7-0; #18825)
Fact Sheet (174K)
27) 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) (ADOPTED, 7-0; A-84074)
Fact Sheet (330K)
28) 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. (PASSED, 7-0; #18826)
Fact Sheet (37K)
29) 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.
(PASSED, 7-0; #18827)
Fact Sheet (26K)
30) 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. (PASSED, 7-0; #18828)
Fact Sheet (2483K)
31) 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. (ACTION DELAYED FOR
1 WEEK TO 10/16/06, 7-0)
Fact Sheet (145K)
PENDING LIST - DATE CERTAIN - NONE
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)
33) 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)
34) 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)
35) 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)
36) 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 16, 2006 AT 1:30 P.M.:
(APPROVED, 7-0)
37) 06R-196 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of September 16 -
30, 2006.
Fact Sheet (13K)
Attachment (19K)
38) 06R-197 Assessing Nuisance Abatement costs associated with
the clearing of public nuisances by the Health
Department to the following benefitted properties:
4642 Bancroft, 6145 S. 28th, 2741 N. Cotner, 230
Redwood, 5845 Leighton, 2040 S. 18th, 307 E, 2803
Holdrege, 1600 N. 70th, 1341 N. 22nd, 4642
Bancroft, 5935 Tangeman, Outlot A Stettinger
Addition, 353 N. 56th, 2001 S. 18th, 901 N. 23rd,
6540 Platte, 2102 N. 31st, 659 S. 19th, 901 N.
23rd, 2910 Orchard, and 1444 Peach.
Fact Sheet (77K)
Attachment (106K)
39) 06R-199 Appointing Tamara Wellmann to the StarTran
Advisory Board for a three-year term expiring
October 20, 2009.
Attachment (27K)
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 3:43 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