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City of Lincoln City Council Office Formal Agenda |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 13, 2006 AT 1:30 P.M.
There will be No City Council Meeting the Week
of November 27th - Thanksgiving Holiday
MAYOR'S AWARD OF EXCELLENCE
ALL MEMBERS PRESENT EXCEPT CAMP
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF OCTOBER, 2006 WAS
ALICIA HETTENBAUGH, COMMUNITY OUTREACH SPECIALIST FROM THE HEALTH
DEPARTMENT, IN THE CATEGORY OF CUSTOMER RELATIONS.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of B&R Stores, Inc. dba Super Saver
#17 for a Class C liquor license at 2525 Pine Lake
Road.(ADOPTED FOR APPROVAL, 6-0; A-84106))
2) Manager application of Nick Kelso for B&R Stores,
Inc. dba Super Saver #17 at 2525 Pine Lake Road.
(ADOPTED FOR APPROVAL, 6-0; A-84107)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 3 THRU 6 HAD 2ND READING; SEE ITEM 3)
3) 06-195 Creating Special Assessment District No. 1
for the acquisition of right-of-way,
grading, paving, re-paving, sidewalks,
ornamental street lighting, and street
trees in N. 50th Street bounded by O
Street on the south to approximately 800
feet north to the existing roadway and
assessing the cost thereof against the
benefitted properties. (Request
2nd & 3rd Readings on 11/13/06) (WAIVED
RULES TO HAVE 2ND & 3RD READING THIS DATE, 6-0;
PASSED, 6-0; #18841)
Fact Sheet (60K)
Attachment (15523K)
4) 06-196 Change of Zone 06069 - Application of Hidden
Valley Estates LLC for a change of zone from AG
Agricultural District to AGR Agricultural
Residential District on property generally located
south of S. 112th Street and Pine Lake Road.
Fact Sheet (513K)
5) 06-197 Change of Zone 06068 - Application of Michael
Raasch for a change of zone from R-8 Residential
District to B-4 Lincoln Center Business District,
on property generally located at the northwest
corner of S. 18th Street and M Street.
Fact Sheet (267K)
6) 06-198 Approving a lease agreement between the City of
Lincoln, Urban Development Department dba One Stop
Employment Solutions and Security National
Properties Funding, LLC for lease of office space
located at 1010 N Steet, Suite 150 for the time
period January 1, 2007 through December 31, 2016.
Attachment (57K)
PUBLIC HEARING - RESOLUTIONS
7) 06R-213 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of October 16 -
31, 2006. (ADOPTED, 6-0; A-84108)
Fact Sheet (13K)
Attachment (20K)
8) 06R-216 Approving the Harvest Project Contract between the
City's Lincoln Area Agency on Aging and Lancaster
County on behalf of Community Mental Health Center
to provide mental health, substance abuse, and
aging services to elderly residents of Lancaster
County for a one-year period. (ADOPTED, 6-0;
A-84109)
Fact Sheet (54K)
Attachment (492K)
Anyone wishing to address an item on the consent Agenda may do so at this time
- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
9) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPT:
Change of Zone 04086 - App. of Olsson
Associates for a change from AGR to R-3 on
property located at S. 56th Street and Cumberland
Dr.
Change of Zone 06062 - App. of the Director
of Planning to amend Sections 27.27.080,
27.28.090, 27.31.100, 27.37.070, 27.51.100,
27.60.040, 27.63.020 and 27.81.040 of the Zoning
Ordinance to : 1) require the Planning Commission
to take final action or make a recommendation
within 4 weeks of their first public hearing and
authorizing the applicant to appeal to the City
Council requesting final action; 2) require all
applications which have been placed on pending by
the applicant shall automatically expire one year
thereafter unless the applicant requests the
application be removed from pending prior to the
expiration date.
Change of Zone 06073- App. of Director of
Planning to change from H-3 to I-1 on property
located at S.10th Street and High Street.
Change of Zone 06074 - App. of Wilderness
View Townhomes, LLC to change from R-2 to R-4 on
property located at Warlick Boulevard and Creekside
Trail.
Change of Zone 06075 - App. of Engineering
Design Consultants, Wilderness Commons Planned Unit
Development for a change from AG to B-2 adn R-5 on
property located at S. 40th Street and Yankee Hill
Road for a Planned Unit Development District
designation of said property; and for approval
of a development plan which proposes modifications
to the zoning ordinance and land subdivision
ordinance to allow approximately 300 dwelling units
in the underlying R-5 zoned area and approximately
600,000 square feet of office/retail floor area in
the underlying B-2 zoned area.
Special Permit 531F - App. of Wilderness View
Townhomes, LLC for an amendment to
the Wilderness View Townhomes Community Unit Plan
for 162 townhomes with requests to waive lot
width, minimum lot area, rear yard setback, and
sanitary sewer running against street grade on
property located at Warlick Blvd. and Creekside
Trail.
Special Permit 04072 - App. of SCMH,
LLC, Muller Estates Community Unit Plan, for
approximately 15 lots with waiver requests to
allow lot lines non-perpendicular to right-of-way,
adjust yard setbacks, and to exceed the maximum
intersection approach grade on property located at
S. 56th Street and Cumberland
Dr.
10) Setting the Hearing Date of Monday, December 4,
2006 at 1:30 p.m. for the Manager Application of
Holly Loos for Holiday Inn, Downtown located at
141 North 9th Street. (ADOPTED, 6-0; A-84110)
11) Setting the Hearing Date of Monday, December 4,
2006 at 1:30 p.m. for the Manager Application of
Randy Jay Mutchie for Wilderness Ridge, LLC dba
Wilderness Ridge Golf Course located at 1800
Wilderness Woods Place. (ADOPTED, 6-0; A-84111)
12) Setting the Hearing Date of Monday, December 4,
2006 at 1:30 p.m. for the Manager Application of
Maxwell Uzoma Emerole for Whitehead Oil Company
dba U-Stop Convenience Shop located at 1421
Centerpark Rd.(ADOPTED, 6-0; A-84112)
13) Setting the Hearing Date of Monday, December 4,
2006 at 1:30 p.m. for the Manager Application of
Jami Lynn Wallace for Whitehead Oil Company dba
U-Stop Convenience Shop located at 8231 O Street.
(ADOPTED, 6-0; A-84113)
14) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
15) Clerk's Letter and Mayor's Approval of Ordinances
and Resolutions passed by Council on October 30,
2006 except Resolution A-84096.(PLACED ON FILE)
16) Mayor's Veto Message on Resolution No. A-84096 -
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. (MOTION TO REQUEST PLANNING
DIRECTOR TO ADMINISTRATIVELY APPROVE AS RECOMMENDED
BY PLANNING COMMISSION,6-0)
17) Clerk's Letter and Mayor's Approval of Ordinances
and Resolutions passed by Council on November 6,
2006. (PLACED ON FILE)
18) Lincoln Water & Wastewater System recapitulation
of daily cash receipts for October 2006. (PLACED
ON FILE)
19) Report from City Treasurer of Franchise Tax from
Aquila for the month of September 2006. (PLACED
ON FILE)
20) Report of City Treasurer of Franchise Tax from
Time Warner Cable for the quarter ending September
30, 2006. (PLACED ON FILE)
21) Report from City Treasurer of Telecommunication
Occupation Tax for the quarter July - September
2006: T-Mobile Central, NECC, Comtech 21, Trinsic,
CA Affinity, Digizip.com, Inc., Helio,
AmeriVision, Comtel Telcom Assets, Matrix, Aliant;
August 2006: Tri-M, Verizon-Bell Atlantic, Norstan
Network Services, Guaranteed Phone Service,
Network Billing Systems, ATI, VoiceCom, TracFone,
Covista, Qwest, Cincinatti Bell Any Distance,
Trans Nat'l, McLeod USA, Working Assets, ACN,
Global Crossing, Broadwing, Virgin Mobile USA,
USCOC of NE/KS, Telecorp, Primus, Verizon Select,
UCN, OnStar, Andiamo, Broadband Dynamics, XO,
Airlink Mobile, IBM Global-NS Div., Quantum Shift,
KDDI America, Earthlink, Intellicall Operator,
Global Crossing Bandwidth, Business Prod
Solutions, CIMCO, Teleplus Wireless, Alltel,
Alltel Comm. of NE, Nebraska Technology &
Telecomm., AT&T Comm. of Midwest, USCOC of Greater
Iowa, New Cingular Wireless, Cricket; September
2006: Nextel Partners, D&D, Sprint Spectrum, MCI
WorldCom Network, Sprint, TWC Info Services of
Nebraska , Windstream Systems of the Midwest,
Windstream Nebraska, Alltel Comm. of Nebraska,
Alltel, ATS Mobile Telephone, Shaffer, BT
Americas, NOSVA Limited Partnership, Nextel West,
360Networks (USA), SBC Long Distance, Affinity
Network, Acceris, Acceris Management & Acquistion,
Tri-M, LDMI, NOS, GTC, Zone, Lightyear Network,
Globalcom, 800 Response.(PLACED ON FILE)
22) Assessing special taxes for the costs of the
improvements in the Downtown Business Improvement
District, the Core Business Improvement District
Overlay, and the Downtown Maintenance District.
(ADOPTED, 6-0; A-84114)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 23 THRU 28 HAD 1ST READING)
23) 06-199 Vacation No. 06003 - Vacating the east 14 feet of
1st Street between the north and south lines of R
Street, vacating R Street between 1st Street and
2nd Street, and vacating the west 25 feet of 2nd
Street between the south line of the north 14 feet
of vacated Q Street and the north line of R Street.
(Related Items: 06-199, 06R-223)
Fact Sheet (399K)
24) 06R-223 Approving a Conservation Easement Agreement
between the City and the Peoples City Mission
Home, Inc. to accept a permanent conservation
easement to preserve the flood storage capacity on
property generally located at 1st and Q Streets.
(Related Items: 06-199, 06R-223)
(Action Date: 12/4/06)
Attachment (236K)
25) 06-200 Change of Zone 06066 - Application of Woods Park
Neighborhood Association for a change of zone from
R-4 Residential District to R-2 Residential
District on property generally located between
27th and 33rd Streets, from N to A Streets; from
R-5 Residential District to R-4 Residential
District on property generally located between
27th and 31st Streets, from N to O Streets; and
from R-6 Residential District to R-4 Residential
District on property generally located from H to N
Streets on both sides of 27th Street and the east
side of 26th Street.
Fact Sheet (1303K)
26) 06-201 Change of Zone 06067 - Application of Outfield
Park LLC for a change of zone from H-3 Highway
Commercial District to R-3 Residential District on
property generally located at West Charleston
Street and N. 1st Street, and Sun Valley Blvd. and
Line Drive.
Fact Sheet (149K)
27) 06-202 Amending Chapter 9.16 of the Lincoln Municipal
Code relating to Offenses Against Public Decency
by adding new sections to define marijuana, to
define paraphernalia, to make it an infraction to
possess paraphernalia for the purpose of
manufacturing, inhaling, or ingesting marijuana or
toxic compounds, and to make it unlawful to
possess one ounce or less of marijuana and to
prescribe penalties for violations.
Fact Sheet (61K)
28) 06-203 Amending Section 1.24.010 of the Lincoln Municipal
Code relating to general penalties for violations
of the LMC by adding penalties for infraction
violations and specifying subsections for
misdemeanor penalties and infraction penalties.
Fact Sheet (50K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
29) 06-189 Authorizing and providing for the issuance of not
to exceed $27,000,000 aggregate principal amount
of general obligation highway allocation bonds of
the City of Lincoln, Nebraska. ((AMENDED, 6-0;
PASSED AS AMENDED, 6-0; #18842)
30) 06-190 Approving a one-year Lease Agreement between the
City and Spirits by Beckman for the lease of space
by the Lincoln Area Agency on Aging for its
Lincoln Information For the Elderly (LIFE) Program
at 708 N. Chestnut, Wahoo, Nebraska. (PASSED,
6-0; #18843)
Fact Sheet (48K)
Attachment (64K)
31) 06-191 Amending Section 2.76.385 of the Lincoln Municipal
Code to revise and clarify that funeral leave is
allowed for employees attending the funeral of a
fellow employee.(PASSED, 6-0; #18844)
Fact Sheet (137K)
32) 06-166 Approving a License Agreement between the City and
New Cingular Wireless PCS for the placement of
telecommunications facilities upon City property
at Van Dorn Park generally located at S. 10th and
Van Dorn Street.(PASSED, 6-0; #18845)
Fact Sheet (39K)
Attachment (1962K)
33) 06-167 Approving a License Agreement between the City and
New Cingular Wireless PCS for the placement of
telecommunications facilities upon City property
at Pioneers Park generally located at 3403 West
Van Dorn Street.(PASSED, 6-0; #18846)
Fact Sheet (39K)
Attachment (1877K)
34) 06-194 Approving a License Agreement between the City and
Verizon Wireless for the placement of
telecommunications facilities upon City property
at Holmes Lake Park generally located at 3801 S.
70th Street.(PASSED, 6-0; #18847)
Fact Sheet (41K)
Attachment (818K)
35) 06-192 Vacation No. 06006 - Vacating the east-west alley
between Q and R Streets from 24th Street to 25th
Street.(PASSED, 6-0; #18848)
Fact Sheet (201K)
RESOLUTIONS - ACTION ONLY
36) Application of Lead Dog Entertainment, Inc. dba
The Pit Crew for a Class C liquor license at 3223
Cornhusker Highway. (11/6/06 - Action Delayed
1 week to 11/13/06) (ADOPTED FOR APPROVAL, 6-0;
A-84115)
37) Manager application of David B. Miller for Lead
Dog Entertainment, Inc. dba The Pit Crew at 3223
Cornhusker Highway. (11/6/06 - Action Delayed
1 week to 11/13/06)(ADOPTED FOR APPROVAL, 6-0;
A-84116)
PENDING LIST - DATE CERTAIN
38) 06-193 Change of Zone 06059 - Amending Chapter 27.69 of
the Lincoln Municipal Code relating to signs by
amending Section 27.69.020 to add definitions for
the terms animation, dissolve, fade, NIT and
scroll and to revise the definitions of the terms
changeable copy sign, electric changeable copy
sign, flashing/blinking/pulsating sign, and
illuminated sign; amending Section 27.69.030 to
provide standards for illumination, to prohibit
signs which display an animated message or
simulates animation and to provide regulations for
electronic changeable copy signs; by amending
Section 27.69.035 to modify provisions regarding
administrative permits for off-premises signs, to
require that any two off-premises electronic
changeable copy signs be 5,000 feet apart measured
in all directions, to allow existing off-premises
signs to be converted to electronic changeable
copy signs provided the sign is located at least
150 feet from and does not face a residential
district, cemetery or park, to allow illumination
of off-premises signs between midnight and 5:00
a.m. for government initiated emergency
information announcements, to revise provisions
regarding removal of existing nonconforming off-
premises signs in order to install a new off-
premises sign; by amending Section 27.69.070 to
allow on-premises signs in the B-4 District to be
animated or to simulate animation; by repealing
Section 27.69.270 relating to public service
information signs in nonresidential districts; and
amending Section 27.69.330 to allow LED or similar
technologies to have exposed illumination.
(11/6/06 - P.H. con't to 11/20/06 w/Action
on 12/4/06)
Fact Sheet (113K)
PENDING LIST (EXTENDED ONE WEEK)
39) 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)
40) 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)
41) 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 84thStreet and Havelock Avenue
as commercial. (Related Items: 05R-301,
05R-302) (12/19/05 - Placed on Pending Indefinitely)
Fact Sheet (56K)
Attachment (394K)
42) 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)
43) 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, NOVEMBER 20, 2006 AT 5:30 P.M.:
(APPROVED, 6-0)
44) 06R-217 Reappointing Martin Ramirez and Modesta Putla to
the Mayor's Multicultural Advisory Committee for
three-year terms expiring September 18, 2009.
45) 06R-218 Reappointing Candice Batton and Gil Trevizo to the
Citizen Police Advisory Board for three-year terms
to expire November 17, 2009.
46) 06R-219 Reappointing Gerry Krieser to the Board of Zoning
Appeals for a five-year term expiring August 24,
2011.
47) 06R-220 Hearing on the Lincoln Electric System Annual
Budget for 2007. (ACTION DATE: 12/4/06)
Fact Sheet (47K)
48) 06R-221 Reappointing Peter Woolman as a student
representative to the Parks and Recreation
Advisory Board for a one-year term expiring
October 1, 2007.
49) 06R-222 Approving a Cooperative Agreement between the
Nebraska Department of Environmental Quality
(NDEQ) and the City of Lincoln regarding State of
Nebraska grant funding from the Stormwater
Management Plan Program.
Fact Sheet (61K)
Attachment (317K)
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 (11/15/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 11/20/06.
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 NOVEMBER ARE THE 6TH AND 20TH.
ADJOURNMENT 3:09 P.M.
ANNOUNCEMENTS:
Public Hearing on the proposed 2030 Lincoln-Lancaster County
Comprehensive Plan and Long Range Transportation Plan will be
held on Thursday, November 16th at 7:30 p.m., in the City
Council Chambers.
Open microphone sessions for December are the 4th and the
18th.
***
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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