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City of Lincoln City Council Office Formal Agenda |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 4, 2006 AT 1:30 P.M.
There will be No City Council Meetings the Weeks of
December 25th, 2006 and January 1, 2007
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of Holly Loos for Holiday Inn,
Downtown at 141 North 9th Street. (ADOPTED FOR
APPROVAL, 7-0; A-84128)
2) Manager application of Randy Jay Mutchie for
Wilderness Ridge, LLC dba Wilderness Ridge Golf
Course at 1800 Wilderness Woods Place. (ADOPTED
FOR APPROVAL, 7-0; A-84129)
3) Manager application of Maxwell Uzoma Emerole for
U-Stop Convenience Shop at 1421 Centerpark Road.
(ADOPTED FOR APPROVAL, 7-0; A-84130)
4) Manager application of Jami Lynn Wallace for
U-Stop Convenience Shop at 8231 O Street.(ADOPTED
FOR APPROVAL, 7-0; A-84131)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 5 & 6 HAD 2ND READING)
5) 06-205 Authorizing the execution and delivery of a
(1) Trust Indenture, (2) a Lease Agreement,
(3) a Deed of Trust, Construction Security
Agreement and Assignment of Rents and Leases,
and (4) a Tax Compliance Agreement in
connection with the issuance of $3,500,000
aggregate principal amount of the City's
Industrial Development Revenue Bond (Nebraska
School Activities Association Project) Series 2006.
6) 06-204 Change of Zone 06063 - Application of North 47
Group, LLC for a change of zone from AG
Agricultural to R-3 Residential and B-2 Planned
Neighborhood Business on property generally
located at N. 84th Street and Adams Street; 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 74 residential dwelling units and
140,000 square feet of commercial floor area.
Fact Sheet (3105K)
PUBLIC HEARING - RESOLUTIONS
7) 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. (11/20/06 - P.H.
con't. w/Action to 12/4/06)
(ADOPTED, 7-0; A-84132)
Fact Sheet (61K)
Attachment (328K)
8) 06R-224 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of
November 1 - 15, 2006.(ADOPTED, 7-0; A-84133)
Fact Sheet (13K)
Attachment (19K)
9) 06R-225 Application of R Street Lofts, LLC, to use the
public right-of-way for construction of courtyards
and canopied entryways at the southeast corner of
7th and R Streets.(ADOPTED, 7-0; A-84134)
Fact Sheet (57K)
Attachment (135K)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
10) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone 06078 - App. of Enterprise
Company, Inc. from R-4 to B-1 on property
located at N. 46th Street and Q Street.
Change of Zone 06079 - App. of Civil Design
Group, Inc. to amend Chapters 27.65.020 and
27.65.075 of the Lincoln Municipal Code, Community
Unit Plan with Build Through, to adjust the
Acreage Component coverage area and to adjust the
size when a conversion plan (ghost plat) is
required.
Special Permit 1989A - App. of Sid Dillon,
Inc. for an amendment to revise the lighting plan
on property located at S. 27th Street and Kendra
Lane.
Special Permit 06065 - App. of Alltel
Communications of Nebraska, Inc. for an
approximately 118 foot tall wireless facility on
property located at S. 3rd Street and Garfield.
11) Setting the Hearing Date of Monday, December 18,
2006 at 1:30 p.m. for the Application of Roboco,
Inc. dba Wasabi! for a change of location from 239
N. 14th Street to 114 S. 14th St., building approx.
46 feet by 42 feet including entire basement.
(ADOPTED, 7-0; A-84135)
12) Setting the Hearing Date of Monday, December 18,
2006 at 1:30 p.m. for the Application of JTK, LLC
dba JTK for a Class I liquor license located at
201 N. 7th Street.(ADOPTED, 7-0; A-84136)
13) Setting the Hearing Date of Monday, December 18,
2006 at 1:30 p.m. for the Application of BNW Corp.
dba South Street Liquor for a Class C liquor
license located at 1000 South Street.(ADOPTED,
7-0; A-84137)
14) Setting the Hearing Date of Monday, December 18,
2006 at 1:30 p.m. for the Application of Nebraska
Dining Holding, LLC dba Noodles & Company 7103 for
a Class I liquor license located at 210 N.
14th Street.(ADOPTED, 7-0; A-84138)
15) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
16) City Clerk's letter and Mayor's approval of
Ordinances & Resolutions passed by Council on
November 20, 2006. (PLACED ON FILE)
17) Setting the Hearing Date of Monday, December 18,
2006, at 1:30 p.m. for the Assessment of Weed
Removal Costs incurred for the Period of January 1
through December 31, 2006. (By Motion)
(APPROVED 7-0)
18) Assessment Resolution for Public Works' Board of
Equalization on Sidewalk District No. 94 to be
held on Monday, December 11, 2006, at 10:00 a.m.
(APPROVED, 7-0)
19) Affidavit of Mailing for Public Works' Board of
Equalization on Sidewalk District No. 94 to be
held on Monday, December 11, 2006, at 10:00 a.m.
(PLACED ON FILE)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 20 THRU 22 HAD 1ST READING)
20) 06-206 Annexation 06018 - Amending the Lincoln Corporate
Limits Map by annexing approximately 4.87 acres of
property generally located at North 7th Street and
Fletcher Avenue.
Fact Sheet (181K)
21) 06-207 Change of Zone 06073 - Application of Ridge
Development Company for a change of zone from H-3
Highway Commercial District to I-1 Industrial
District on property generally located at South
10th Street and Robbers Cave Road.
Fact Sheet (131K)
22) 06-208 Change of Zone 06074 - Application of Wilderness
View Townhomes for a change of zone from R-2
Residential District to R-4 Residential District
on property generally located at Warlick Boulevard
and Creekside Trail.
Fact Sheet (216K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
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)(PASSED,
7-0; #18852)
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)(ADOPTED, 7-0; A-84139)
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. (PASSED, 7-0; #18853)
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.(PASSED, 5-2; COOK, NEWMAN DISSENTING;
#18854)
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.(PASSED, 7-0;
#18855)
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.
(PASSED, 7-0; #18856)
Fact Sheet (50K)
29) 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)(ACCEPT SUB. ORD. #2, 5-2; ESCHLIMAN,
SVOBODA DISSENTING; AMENDMENT #3, 7-0; AMENDMENT #4,
7-0; PASSED AS AMENDED, 4-3; CAMP, ESCHLIMAN,
SVOBODA DISSENTING; #18857)
Fact Sheet (113K)
RESOLUTIONS - ACTION ONLY
30) 06R-220 Adoption of the Lincoln Electric System Annual
Budget for 2007. (Action Date: 12/4/06)(COUNCIL
ENCOURAGEMENT TO ADD $25,000 FOR ECONOMIC
DEVELOPMENT TO BUDGET, 5-2; CAMP, SVOBODA
DISSENTING; ADOPTED, 7-0; A-84140)
Fact Sheet (47K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
31) 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)
32) 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)
33) 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)
Fact Sheet (56K)
Attachment (394K)
34) 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)
35) 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, DECEMBER 11, 2006 AT 1:30 P.M.
(APPROVED, 7-0)
36) 06R-226 Reappointing Larry Anderson to the Community
Forestry Advisory Board for a three-year term
expiring August 17, 2009.
37) 06R-227 Appointing Robert Smith to the Community Forestry
Advisory Board for a three-year term expiring
August 17, 2009.
Attachment (23K)
38) 06R-228 Reappointing Ken Svoboda to the District Energy
Corporation for a two-year term expiring
December 31, 2008.
39) 06R-229 Approving the transfer of appropriation in the
amount of $245,000 in the General Expense fund to
the Industrial Promotion for funding the amended
LPED Agreement and authorizing the Mayor to
approve an addendum to the LPED Agreement.
Fact Sheet (58K)
40) 06R-230 Approving the use of public right-of-way by Coffee
Emergency LLC to construct a chimney along the
north side of the building at 2723 N. 48th Street.
Fact Sheet (58K)
Attachment (73K)
41) 06R-231 Appeal of Julie Shipman Burns from the Planning
Commission approval of Special Permit 06062 for
authority to operate sand, gravel and soil
excavation on property generally located one-
quarter mile east of North 56th Street/Highway 77
between Waverly Road and Mill Road.
Fact Sheet (406K)
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 (11/29/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 12/4/06.
Rick Meyer Topic: Questions relating to confiscation of
cats. (REQUESTED AN INVESTIGATION OF THE HUMANE SOCIETY, ANIMAL
CONTROL, JIM WEVERKA, & DAMON WIMES IN REFERENCE TO CATS TAKEN
AWAY.)
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 DECEMBER ARE THE 4TH AND 18TH.
ADJOURNMENT 4:34 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