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City of Lincoln City Council Office Formal Agenda |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 18, 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 EXCEPT COOK
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Roboco Inc. dba Wasabi for a change
of location of their existing Class CK liquor
license from 239 N. 14th Street to 114 S. 14th.
(ADOPTED FOR APPROVAL, 6-0; A-84152)
2) Application of JTK, LLC dba JTK for a Class I
liquor license at 201 N. 7th Street.(ADOPTED FOR
APPROVAL, 6-0; A-84153)
3) Manager application of Jason Kuhr for JTK, LLC dba
JTK at 201 N. 7th Street.(ADOPTED FOR APPROVAL,
6-0; A-84154)
4) Application of BNW Corporation dba South Street
Liquor for a Class C liquor license at 1000 South
Street.(ADOPTED FOR APPROVAL, 6-0; A-84155)
5) Manager application of Fiseha Tesfatsion for BNW
Corporation dba South Street Liquor at 1000 South
Street.(ADOPTED FOR APPROVAL, 6-0; A-84156)
6) Application of Nebraska Dining Holding LLC dba
Noodles & Co. for a Class I liquor license at 210
N. 14th Street.(ADOPTED FOR APPROVAL, 6-0;
A-84157)
7) Manager application of Edward Lynch for Nebraska
Dining Holding LLC dba Noodles & Co. at 210 N.
14th Street.(AMENDED NAME FROM EDWARD LYNCH TO
JEREMIAH PENN, 6-0; ADOPTED FOR APPROVAL AS AMENDED,
6-0; A-84158)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) ITEMS
8 & 9 HAD 2ND READING
8) 06-209 Approving a transfer of appropriations and cash
(where appropriate) between projects within
several funds within the Public Works & Utilities
Department and to designate street projects for
Highway Allocation Funds for Fiscal Year 2006 -
2007.
Fact Sheet (56K)
9) 06-210 Street Name Change 06006 Renaming Capitol
Parkway West running west from 9th Street to
Coddington Avenue as "Rosa Parks Way."
Fact Sheet (197K)
PUBLIC HEARING - RESOLUTIONS
10) 06R-235 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of November 16 -
30, 2006.(AMENDED TO SETTLE CLAIM OF VICTORY
MARINE IN THE AMOUNT OF $1,287.00, 6-0; ADOPTED AS
AMENDED, 6-0; A-84159)
Fact Sheet (13K)
Attachment (18K)
11) 06R-236 Approving WC's South Lounge as a keno satellite
site at 2109 Highway 2.(ADOPTED, 5-1; ESCHLIMAN
DISSENTING; A-84160)
Fact Sheet (51K)
12) 06R-237 Establishing the annual salary of the Mayor for
the years 2007, 2008, 2009, and 2010 and the
City's contribution to health and dental insurance
coverage.(LOST, 2-4; ESCHLIMAN, SVOBODA
ASSENTING; 38-4541)
Fact Sheet (53K)
13) 06R-238 Assessing the costs incurred for cutting weeds
against the various benefitted properties for the
period of January 1 through December 31, 2006.
(RECONSIDERED, 6-0; ADOPTED, 6-0; A-84161)
Attachment (435K)
14) 06R-239 Ordering Joint Paving, Re-paving, Ornamental
Lighting, Sidewalk, and Street Tree District No. 1
constructed in North 50th Street between O Street
to approximately 800 feet north.(CONT. PUBLIC
HEARING TO 1/8/07, 6-0)
Fact Sheet (56K)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
15) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone 05054A - App. of Prairie Home
Builders, Inc., amendment to Prairie Village North
P.U.D., for a change from AG to R-3 and R-5 and to
change from R-3 and R-5 and O-3 to B-2 and from B-
2 to O-3 on property at North 84th Street
and Adams Street for a P.U.D. Dist. designation of
said property & for approval of a development plan
which proposes modifications to the zoning
ordinance and land subdivision ordinance to allow
approx. 1722 dwelling units in the underlying R-5
and R-3 zoned area and approximately 600,000 sq.
ft. of commercial floor area north of Adams and
285,000 sq. ft. of commercial floor area south of
Adams.
Change of Zone 06077 - App. of Olsson
Associates from AGR to R-3 on property located at
S. 84th Street and Pioneers Boulevard.
Change of Zone 06081 - App. of B&J
Partnership, Ltd. from R-7 to B-4 and R-6 to B-4
on property located at S. 18th Street and
L Street.
Special Permit 872F - App. of Olsson Assoc.,
an amendment to the Firethorn Community Unit Plan,
to allow approximately 545 dwelling units on
property located at S. 84th Street and
Pioneers Boulevard.
16) Formal Paving Petition for Re-Paving and Paving
District No. 01 to pave from N. 50th Street,
O Street North approximately 800 ft. submitted
by Abram LLC. (REFERRED TO LAW DEPT.)
17) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
18) Clerk's Letter and Mayor's Approval of Ordinances
& Resolutions passed by Council on December 4,
2006. (PLACED ON FILE)
19) Report from City Treasurer of Telecommunication
Occupation Tax for the quarter July - September,
2006: Fast Phones of Nebraska, Telenational,
Reliance, Southwest , Netifice, Opex, Accessline,
PNG, Aircell; September, 2006: AT&T of Midwest,
Nebraska Technology, New Cingular Wireless, USCOC
of Greater Iowa, Cricket, TDT Corporation, Trans
Nat'l, Telecomm. Systems Corp of Maryland, Virgin
Mobile USA, UCN, USCOC of Nebraska/Kansas, Who's
Calling, ACN, Telecorp, Tracfone Wireless,
Earthlink, Business Telecom, Verizon Select,
Primus, Global Crossing Bandwidth, Global Crossing
Telecomm., Intellicall Operator, Working Assets,
OnStar, McLeodUSA, XO Comm., Broadband Dynamic,
Qwest, Covista, Verizon Bell Atlantic, Broadwing,
Andiamo, Norstan Network, ATI, Enhanced, Cininnati
Bell, VoiceCom, Business Prod. Solutions, CIMCO,
Teleplus Wireless, Network Billing Systems,
Guaranteed Phone Service, IBM Global Services-NS
Div., KDDI America, Airlink Mobile, Quantum Shift;
October, 2006: Nextel, D&D, Sprint Spectrum, MCI
WorldCom Network, Windstream Nebraska, Windstream
Systems of the Midwest, Alltel, Alltel Comm. of
Nebraska, Sprint, LDMI, Zone Telecom, TRI-M, NOS,
GTC Telecom, Nextel West, Acceris, Lightyear
Network Solutions, BT Americas, Globalcom, NOSVA,
Affinity Network, SBC Long Distance, 360Networks
(USA), Covista, Acceris Mgmt. & Acquistion, ATS
Mobile.(PLACED ON FILE)
20) Report from City Treasurer of franchise tax for
the month of October, 2006 from Aquila.(PLACED ON
FILE)
21) Setting the Interest Rate and Levying the
Assessments of Special Assessment Group II
(Sidewalk District No. 94) from the Board of
Equalization December 11, 2006.(ADOPTED, 6-0;
A-84167)
22) 06R-232 Reappointing Connie Schmidt and Gloria Aron to the
Lincoln-Lancaster Women's Commission for two-year
terms expiring January 1, 2009.(ADOPTED, 6-0;
A-84162)
23) 06R-233 Appointing Dee Aguilar to the Lincoln Area Agency
on Aging Advisory Council for a three-year term
expiring July 1, 2009.(ADOPTED, 6-0; A-84163)
Attachment (41K)
24) 06R-234 Appointing Marilyn McNabb to the Lincoln Electric
System Administrative Board for a three-year term
expiring December 31, 2009.(ADOPTED, 6-0;
A-84164)
Attachment (22K)
25) 06R-241 Appointing Antonio Marquez to the Lincoln Electric
System Administrative Board for a three-year term
expiring December 31, 2009.(ADOPTED, 6-0;
A-84165)
Attachment (134K)
26) 06R-240 Reappointing Kathy Campbell to the Lincoln
Electric System Administrative Board for a three-
year term expiring December 31, 2009.
(ADOPTED,6-0; A-84166)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 27 THRU 32 HAD 1ST READING)
27) 06-211 Approving a two-year lease agreement between the
City and Frontier Harley Davidson Inc. for six
police motorcycles.
Attachment (280K)
28) 06-212 Change of Zone 04086 - Application of SCMH, LLC
for a change of zone from AGR Agricultural
District to R-3 Residential District on property
generally located at S. 56th Street and Cumberland
Drive.
Fact Sheet (267K)
29) 06-215 Change of Zone 06079 - Amending Section 27.65.075
of the Lincoln Municipal Code relating to
Community Unit Plan in the BTA Overlay District to
revise the requirement for the future development
plan for the Acreage Development component.
Fact Sheet (71K)
30) 06-213 Change of Zone 06072 - Application of Rezac-
Pickering-Williams for a change of zone from AG
Agricultural District to AGR Agricultural
Residential District on property generally located
at the southwest corner of S.W. 27th Street and W.
Denton Road.
Fact Sheet (534K)
31) 06-214 Change of Zone 06078 - Application of Enterprise
Company, Inc. for a change of zone from R-4
Residential District to B-1 Local business
District on property generally located at N. 46th
Street and Q Street.
Fact Sheet (438K)
32) 06-216 Vacating the Fairway Park Addition plat generally
located at N. 27th Street and Theresa Street.
Fact Sheet (303K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
33) 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.(PASSED, 6-0; #18860)
Fact Sheet (181K)
34) 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.(PASSED, 6-0;
#18861)
Fact Sheet (131K)
35) 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.(PASSED, 5-0; ESCHLIMAN
ABSTAINED; #18862)
Fact Sheet (216K)
PENDING LIST - DATE CERTAIN
36) 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.
(12/11/06 - Public Hearing & Action con't. to
1/8/07)
Fact Sheet (58K)
Attachment (73K)
37) 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. (12/11/06
- Public Hearing & Action con't. to 1/29/07)
Fact Sheet (406K)
PENDING LIST (EXTENDED ONE WEEK)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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, JANUARY 8, 2007 AT 1:30 P.M.:
(APPROVED, 6-0)
43) 06R-242 Approving a two-year contract between the Nebraska
Department of Health and Human Services Finance
and Support System and the Lincoln-Lancaster
County Health Department for the Medicaid Access
to Care Program. (REMOVED TO BE INTRODUCED AT A
LATER DATE, 6-0)
44) 06R-243 Misc. 06017 - Declaring the Van Dorn Redevelopment
Area as blighted and substandard generally along
10th Street from Hill Street to south of Calvert
Street.
Fact Sheet (777K)
Attachment (5370K)
45) 06R-244 Reappointing Gerard R. Finnegan, Jr. to the Police
& Fire Pension Plan Investment Board for a three-
year term expiring September 1, 2009.
46) 06R-245 Appointing W. Cecil Steward to the Nebraska Capitol
Environs Commission for a three-year term expiring
January 9, 2009.
Attachment (21K)
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 (12/13/06) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS
12/18/06.
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 DECEMBER ARE THE 4TH AND 18TH.
ADJOURNMENT 3:10 P.M.
ANNOUNCEMENTS:
Open microphone sessions for January are the 8th (1:30
p.m.and the 29th (5:30 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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