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City of Lincoln City Council Office Formal Agenda |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 16, 2006 AT 1:30 P.M.
ALL MEMBERS PRESENT (ESCHLIMAN LEFT AT 3:30 P.M.)
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 1 THRU 5 HAD 2ND READING)
1) 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)
2) 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)
3) 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)
4) 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)
5) 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)
PUBLIC HEARING - RESOLUTIONS
6) 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 -
31, 2006. (ANDERSEN CLAIM REMOVED TO BE
ADMINISTRATIVELY RESOLVED BY LPD; ADOPTED 6-0;
A-84075)
Fact Sheet (13K)
Attachment (19K)
7) 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. (ADOPTED,
6-0; A-84076)
Fact Sheet (77K)
Attachment (106K)
PUBLIC HEARING
ORDINANCES - 3RD READING
8) 06-137 Amending Title 5 of the Lincoln Municipal Code
relating to Licenses and
06-137S 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) (10/9/06 - P.H. & Action con't. to
10/16/06) (DELAYED ONE WEEK FOR ACTION ONLY ON
10/23/06, 4-2; CAMP, SVOBODA DISSENTING)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
9) Setting the Hearing Date of Monday, October 30,
2006 at 5:30 p.m. for the Application of B & R
Stores, Inc. dba Russ's Market #2 for a Class C
liquor license at 130 N. 66th Street.(ADOPTED
6-0; A-84077)
10) FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone 06066 - App. of Woods Park
Neighborhood Assn. for a change from R-4
Residential to R-2 Residential, R-5 Residential to
R-4 Residential and from R-6 Residential to R-4
Residential on all property generally located
between 26th and 33rd Streets,
from O Street to A Street.
Change of Zone 06067 - App. of J. Michael
Rierden for a change from H-3 Highway Commercial
to R-3 Residential on property generally located
at N. 1st Street and Charleston Street.
Change of Zone 06068 - App. of Jim Hutchinson
for a change from R-8 Residential to B-4 Lincoln
Center Business District on property generally
located at S. 18th Street and M Street.
Change of Zone 06069 - App of Hidden Valley
Estates, LLC for a change from AG Agricultural to
AGR Agricultural Residential on property located
at S. 112th Street and Pine Lake Road.
Special Permit 1076A - App. of Big John's
Billiards for an amendment to expand the area for
the sale of alcohol for consumption on the premise
and to allow the sale of alcohol for consumption
off the premises on property located at 399 Sun
Valley Boulevard.
Special Permit 06055 - App. of Sadoff & Rudoy
Industries of Nebraska, Inc. for a salvage
operation on property located at 5020 NW
39th Street.
Special Permit 06061 - App. of Hidden Valley
Estates, LLC, Hidden Valley Estates C.U.P., for
approximately 26 single family lots with requests
to waive sidewalks, street trees, street lighting,
landscape screening, block length, the preliminary
plat and grading of future roads on property
located at S. 112th Street and Pine Lake
Road.
11) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS
12) Clerk's Letter and Mayor's Approval of Ordinances
and Resolutions passed by Council on October 2,
2006 except Resolution A-84063 vetoed by Mayor.
(PLACED ON FILE)
13) Clerk's Letter and Mayor's Approval of Ordinances
and Resolutions passed by Council on October 9,
2006. (PLACED ON FILE)
14) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended August, 2006.
(ADOPTED, 6-0; A-84078)
15) 06R-199 Appointing Tamara Wellmann to the StarTran
Advisory Board for a three-year term expiring
October 20, 2009.(ADOPTED, 6-0; A-84079)
Attachment (27K)
16) Setting a Hearing Date of Monday, November 6, 2006
at 1:30 P.M. for the Board of Equalization for the
Downtown Business Improvement District, Downtown
Maintenance District and Core Business Improvement
District Overlay.(APPROVED, 6-0)
17) Mayor's Veto Message on Resolution No. A-84063 -
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. (MOTION TO
OVERRIDE MAYOR'S VETO, TIE VOTE, 3-3; COOK, MARVIN,
NEWMAN DISSENTING)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 18 THRU 23 HAD 1ST READING)
18) 06-184 Approving an Agreement between the City and the
Firth Community Center for the lease of space by
the Lincoln Area Agency on Aging for its ActivAge
Center program at 311 Nemaha Street, Firth, NE for
a period of September 1, 2006 through August 31,
2007.
Fact Sheet (43K)
Attachment (63K)
19) 06-185 Street Name Change No. 06008 - Naming the unnamed
street entering East Campus as "Dairy Store Drive"
located north off of Holdrege Street between 37th
and 38th Streets.
Fact Sheet (278K)
20) 06-186 Street Name Change No. 06007 - Renaming "Salt
Creek Road" as "Ox Bow Road" and "Enterprise
Circle" as "Ox Bow Court" in Landmark Corporate
Center preliminary and final plats generally
located at N. 33rd Street and Folkways Boulevard.
Fact Sheet (422K)
21) 06-187 Annexation No. 06014 - Amending the Lincoln
Corporate Limits Map by annexing approximately
4.67 acres of property generally located at North
14th Street and Pennsylvania Avenue. (Related
Items: 06-187, 06-188, 06R-204)
Fact Sheet (192K)
22) 06-188 Change of Zone No. 06053 - Application of Hartland
Homes, Inc. for a change of zone from AG
Agricultural District to R-3 Residential District
on property generally located at North 14th Street
and Pennsylvania Avenue. (Related Items: 06-
187, 06-188, 06R-204)
Fact Sheet (262K)
23) 06R-204 Appeal of Hartland Homes Inc. from the conditions
of the Planning Commission approval of Special
Permit 5015A, for the development of Hartland's
Garden Valley Community Unit Plan on property
generally located northwest of N. 14th Street and
Pennsylvania Avenue. (Related Items: 06-187,
06-188, 06R-204) (Action Date:
10/30/06)
Fact Sheet (1251K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
24) 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. (10/9/06 - Action Delayed 1
wk to 10/16/06)(ACCEPTED SUBSTITUTE ORDINANCE, 6-0;
AMENDED SUBSTITUTE ORDINANCE, 6-0; #18829)
Fact Sheet (145K)
25) 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.
(PASSED, 6-0; #18830)
Fact Sheet (57K)
Attachment (64K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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 23, 2006 AT 1:30 P.M.:
(APPROVED, 6-0)
31) 06R-200 Appointing Bob FitzSimmons and Steve
Wilborn to the Lincoln-Lancaster Women's
Commission to fill unexpired two-year
terms expiring January 1, 2008.
Attachment (119K)
32) 06R-201 Directing the Personnel and Law Departments to
draft an early retirement program in accordance
with the Age Discrimination in Employment Act and
the Older Worker's Benefit Protection Act.
33) 06R-202 Approving a Real Estate Sales Agreement between
the Public Building Commission and Mattice Family
Revokable Trust for the acquisition of property
generally located at 819 H Street.
Attachment (109K)
34) 06R-203 Misc. No. 06013 - Declaring the Northwest
Corridors Redevelopment Area as blighted and
substandard generally along Sun Valley Boulevard
from West O Street to Cornhusker Highway, along
Cornhusker Highway from I-180 to N.W. 12th Street,
along N.W. 12th Street from Cornhusker Highway to
Highlands Boulevard, Highlands Boulevard from N.W.
12th Street to N.W. 1st Street, and West Superior
Street from N.W. 1st Street to I-180.
Fact Sheet (300K)
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 (10/25/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 10/30/06.
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 5:16 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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