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City of Lincoln City Council Office Formal Agenda |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 8, 2007 AT 1:30 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO COUNCIL MEETING THE WEEK OF JANUARY 15TH
IN OBSERVANCE OF MARTIN LUTHER KING DAY
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF DECEMBER 2006 WAS
PRESENTED TO TEAM MEMBERS NATHAN FLOOD AND STEVEN WIESE,
POLICE OFFICER INVESTIGATORS FROM THE POLICE DEPARTMENT IN
THE CATEGORY OF PRODUCTIVITY - TEAM.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Ileana Jolly & Kenneth Farley dba
Flashback for a Class C liquor license at 311 N.
8th Street, Suite 1. (ADOPTED FOR APPROVAL, 7-0;
A-84168)
2) Application of Alley Inc. dba The Alley to expand
its presently licensed premises by an area
measuring approximately 44 feet by 25 feet to the
north and an addition to the beer garden of an "L"
shaped area measuring approximately 20 40 feet by 41
feet to the north at 1031 M Street. (ADOPTED FOR
APPROVAL, 7-0; A-84169)
3) Application of Moran's Liquor Works, LLC dba
Moran's Liquor Works for a Class D liquor license
at 3400 A Street. (MOTION FOR DENIAL FAILED, 3-4;
CAMP, ESCHLIMAN, SVOBODA ASSENTING; #38-4542; ADOPTED
FOR APPROVAL, 4-3; CAMP, ESCHLIMAN SVOBODA DISSENTING;
A-84170)
4) Manager application of Kirk Bahm for Moran's
Liquor Works, LLC dba Moran's Liquor Works at 3400
A Street. (MOTION FOR DENIAL FAILED, 3-4; CAMP,
ESCHLIMAN, SVOBODA ASSENTING; #38-4543; ADOPTED FOR
APPROVAL, 4-3; CAMP, ESCHLIMAN, SVOBODA DISSENTING;
A-84171)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 5
THRU 10 HAD 2ND READING)
5) 06-211 Approving a two-year lease agreement between the
City and Frontier Harley Davidson Inc. for six
police motorcycles.
Attachment (280K)
6) 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)
7) 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)
8) 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)
9) 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)
10) 06-216 Vacating the Fairway Park Addition plat generally
located at N. 27th Street and Theresa Street.
Fact Sheet (303K)
PUBLIC HEARING - RESOLUTIONS (SEE ITEM #11)
11) 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. (12/18/06 -
Public Hearing & Action con't. to 1/8/07)
(WITHDRAWN, 7-0; #38-4544)
Fact Sheet (56K)
12) 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. (ADOPTED, 4-3; CAMP, ESCHLIMAN, SVOBODA
DISSENTING; A-84172)
Fact Sheet (777K)
Attachment (5370K)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
13) Setting the hearing date of Monday, January 22,
2007 at 1:30 p.m. for the Application of DJ Salia
Investment Properties, LLC dba DJ's for a Class IK
Liquor License at 901 Oak Street.
(ADOPTED, 7-0; A-84173)
14) Setting the hearing date of Monday, January 22,
2007 at 1:30 p.m. for the Application of Kwik
Shop, Inc. dba Kwik Shop #642 for a Class D at
3939 A Street. (ADOPTED, 7-0; A-84174)
15) Setting the hearing date of Monday, January 22,
2007 at 1:30 p.m. for the Application of Kwik
Shop, Inc. dba Kwik Shop #681 for a Class D at
4400 O Street. (ADOPTED, 7-0; A-84175)
16) Setting the hearing date of Monday, January 22,
2007 at 1:30 p.m. for the Application of Kwik
Shop, Inc. dba Kwik Shop #641 for a Class D at
2811 N. 48th Street. (ADOPTED, 7-0; A-84176)
17) Setting the hearing date of Monday, January 22,
2007 at 1:30 p.m. for the Application of Nebraska
Dining Holding, LLC dba Noodles & Company #7102
for a Class I Liquor License at 2801 Pine Lake
Road. (ADOPTED, 7-0; A-84177)
18) Setting the hearing date of Monday, January 29,
2007 at 5:30 p.m. for the Application of More
Enterprises, Inc. dba El Chaparro for a Class C
Liquor License at 1501 Center Park Road, Suite
200. (ADOPTED, 7-0; A-84178)
19) Setting the hearing date of Monday, January 29,
2007 at 5:30 p.m. for the Application of Preciado
Bros., Inc. dba El Rancho Authentic Mexican
Restaurant for a Class I Liquor License
at 2700 O Street. (ADOPTED, 7-0; A-84179)
20) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPARTMENT:
Change of Zone No. 06082 - App. of E-S-P,
Inc. requesting a change of zone from AGR
Agricultural District to R-3 Residential District
on property generally located at SW 40th
Street and West A Street.
Special Permit No. 06070 - App. of E-S-P,
Inc., Apple Hill Community Unit Plan, for approx.
11 dwelling units with requests to adjust yard
setbacks on property generally located at S.
48th Street and Apple Hill Lane.
Change of Zone No. 06083 - App. of Steven
L. & Kim R. Harms and Charles M. Jr. & Marylinn I.
Jetton requesting a change from AG Agricultural
District to I-1 Industrial District on property
generally located at N. 84th Street and
Highway 6.
Change of Zone No. 06084 - App. of the
Director of Planning for a proposed text amendment
to Title 27 of the Lincoln Municipal Code to
create a special permit for kennels to be allowed
in the H-4 and I-1 Zoning Districts.
21) MISCELLANEOUS REFERRALS
Report from City Treasurer of Telecommunication Occupation
Tax for the month of October, 2006: TWC Info Services of NE,
USCOC of Greater Iowa, Inc., AT&T Comm. of Midwest,
New Cingular Wireless PCS, Cricket Communications, Inc.,
Nebr. Technology & Telecomm., Inc., Working Assets Funding
Service, Inc., McLeod USA, Tele. Systems Corp of Maryland,
Telecorp Comm., LLC, Virgin Mobile USA, VoiceCom, Quantum
Shift Comm., Guaranteed Phone Service, Norstan Network
Services, Inc., CIMCO Comm., Teleplus Wireless Corp, Network
Billing Systems, LLC, Business Prod. Solutions, Inc., Global
Crossing Bandwidth, Inc., Broadband Dynamics, OnStar Corp,
USCOC of Nebraska/Kansas, LLC, Verizon-Bell Atlantic, Verizon
Select Services, OnStar Corp, Primus Telecomm., Qwest Comm.,
UCN, Inc., Global Crossing Telecomm., TransNational Comm.,
BKNB, Broadwing Comm., Cincinnati Bell, Tracfone Wireless,
KDDI America, Andiamo Telecom, Intellicall Operator Services,
Earthlink, Advanced Tel, Inc., XO Communications Services,
IBM Global Services; November 2006: Nextel, Alltel, WWC License,
LLC, D&D Comm., Sprint Spectrum, Sprint Comm. Co. LP, Windstream
Systems of the Midwest, Windstream Nebraska, TWC Info Services,
MCI WorldCom, Acceris, SBC Long Distance, Norstan Network
Services, Inc., BT Americas, Nextel West, Enhanced Comm. Network,
Zone Telecom, Tri-M Comm., 360Networks, Lightyear, LDMI,
GTC Telecom, Globalcom, Acceris Comm. Corp, Covista,
ATS Mobile Telephone. (PLACED ON FILE)
Report from City Treasurer of Franchise Tax for the month
of November, 2006 from Aquila. (PLACED ON FILE)
Lincoln Water & Wastewater System recapitulation of daily
cash receipts for the month of December 2006.
(PLACED ON FILE)
REPORTS OF CITY OFFICERS
22) 06R-244 Reappointing Gerard R. Finnegan, Jr. to the Police
& Fire Pension Plan Investment Board for a three-
year term expiring September 1, 2009.
(ADOPTED, 7-0; A-84180)
23) 06R-245 Appointing W. Cecil Steward to the Nebraska
Capitol Environs Commission for a three-year term
expiring January 9, 2009. (ADOPTED, 7-0; A-84181)
Attachment (21K)
24) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds for the month ended November 30, 2006.
(ADOPTED, 7-0; A-84182)
25) Report from City Treasurer of City Cash on hand at
the close of business November 30, 2006.
(PLACED ON FILE)
26) Audit Reports of Lincoln Water and Wastewater
Systems for Fiscal Year Ended August 31, 2006.
(PLACED ON FILE)
27) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on December 11, 2006.
(PLACED ON FILE)
28) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on December 18, 2006.
(PLACED ON FILE)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 29
THRU 34 HAD 1ST READING)
29) 07-1 Approving an Agreement for Tower Space and
Appurtenances and a Memorandum of Agreement
between the City and New Cingular Wireless PCS for
the placement of telecommunications facilities
upon City property at 5500 W. Superior Street.
Attachment (1868K)
30) 07-2 Vacation No. 03021 - Vacating a portion of South
87th Street and re-dedicating it as a private
roadway generally located between Andermatt Drive
and Highway 2 at Prairie Lakes Shopping Center.
Fact Sheet (226K)
31) 07-3 Vacation No. 06008 - Vacating Rudolph Street from
the east right-of-way of N. 15th Street to the
west right-of-way of N. 16th Street. (Related
Items: 07-3, 07R-19)
Fact Sheet (154K)
32) 07R-19 Approving a Conservation Easement Agreement
between the Joint Antelope Valley Authority and
the City of Lincoln over approximately .14 acres
in Rudolph Street from N. 15th Street to N. 16th
Street, to preserve the flood storage capacity on
the property. (Related Items: 07-3, 07R-19)
(Action Date: 1/29/07)
Attachment (527K)
33) 07-4 Change of Zone 06081 - Application of B&J
Partnership for a change of zone from R-6 and R-7
Residential District to B-4 Lincoln Center
Business District on property generally located at
the northeast corner of South 18th Street and L
Street.
Fact Sheet (321K)
34) 07-5 Declaring approximately 25 acres generally located
west of N.W. 48th Street and south of the future
West Cuming Street as surplus property.
Fact Sheet (146K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) (SEE
ITEM #35)
35) 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. (MARVIN SPLIT THE QUESTION;
PART A - ALL PROJECTS EXCEPT 902269 PASSED, 7-0; #18863.
PART B CONTAINING PROJECT 902269 PLACED ON PENDING, 7-0)
Fact Sheet (56K)
36) 06-210 Street Name Change 06006 - Renaming Capitol
Parkway West running west from 9th Street to
Coddington Avenue as "Rosa Parks Way."
(MOTION TO AMEND FAILED, 2-5; CAMP, ESCHLIMAN
ASSENTING; PASSED, 7-0; #18864)
Fact Sheet (197K)
PENDING LIST - DATE CERTAIN (SEE ITEM #37)
37) 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) (Applicant has withdrawn this request)
(WITHDRAWN, 7-0; #38-4545)
Fact Sheet (58K)
Attachment (73K)
38) 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)
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 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)
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, JANUARY 22, 2007 AT 1:30 P.M.:
(APPROVED 7-0; SEE ITEM #54)
44) 07R-1 Reappointing Sitaram Jaswal and Kevin Horne
to the Air Pollution Control Advisory Board
for three-year terms expiring October 1,
2009.
45) 07R-14 Appointing Jessie Smith to the Veterans Memorial
Garden Advisory Council for a three-year term
expiring November 1, 2009.
Attachment (17K)
46) 07R-15 Reappointing Robert Baldwin, Beech Dale and Roger
B. Drucker to the Veterans Memorial Garden
Advisory Council for three-year terms expiring
November 1, 2009.
47) 07R-16 Reappointing Michelle Zuhlke for a one-year term
and James Lamphere for a two-year term to the
Government Access and Information Committee for
terms expiring January 1, 2008 and January 1,
2009, respectively.
48) 07R-17 Reappointing Tom Laging to the Nebraska Capitol
Environs Commission for a three-year term expiring
January 9, 2010.
49) 07R-2 Approving the transfer of Railroad
Transportation Safety District funding in its
2006-07 budget year, for the S.W. 40th
Street/BNSF Overpass.
Fact Sheet (56K)
Attachment (116K)
50) 07R-3 Approving the transfer of Railroad
Transportation Safety District funding in its
2006-07 budget year, for the Harris Overpass
on O Street, 3rd through 9th Streets.
Fact Sheet (56K)
Attachment (123K)
51) 07R-4 Approving the transfer of Railroad
Transportation Safety District funding in its
2006-07 budget year, for the Antelope Valley
Project - Phase 1, the "Amended Draft Single
Package."
Fact Sheet (58K)
Attachment (114K)
52) 07R-5 Approving Amendment No. 1 to the Thunderstone
Redevelopment Agreement between the City and
Thunderstone LLC for development of a 31,782
square foot commercial space in the West O
Street Redevelopment Area generally located
at N.W. 32nd and West O Streets to provide
for a grant to Redeveloper to replace the
loss of eligibility for reimbursement of
impact fees.
Attachment (71K)
53) 07R-6 Approving a Lease Agreement between the City-
County Health Department and Cornhusker
Center, Enterprise Co., Inc. for the lease of
space at 2662 Cornhusker Highway for a one-
year term for the Health Department's Access
Medicaid Program.
Fact Sheet (53K)
Attachment (34K)
54) 07r-9 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.
(INTRODUCTION DELAYED UNTIL 1/22/07, 7-0)
55) 07R-7 Special Permit No. 06065 - Application of
Alltel Communications of Nebraska to
construct a 118 foot tall monopole wireless
facility capable of accommodating up to three
carriers in the I-1 Industrial District, on
property generally located northwest of the
intersection of S. 3rd Street and Garfield
Street.
Fact Sheet (2213K)
56) 07R-8 Approving an Amended Redevelopment Agreement
between the City and HyVee, Inc. previously
adopted by the City Council with Resolution
No. A-83893 on June 26, 2006, to provide for
construction of N. 50th Street.
Fact Sheet (61K)
Attachment (123K)
57) 07R-10 Application of the University of Nebraska Lincoln
to use the public right-of-way for the
construction of a plaza on the west side of
Andersen Hall located at 200 Centennial Mall.
Fact Sheet (54K)
Attachment (972K)
58) 07R-11 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of December 1 -
31, 2006.
Fact Sheet (13K)
Attachment (18K)
59) 07R-13 Approving an Interlocal Agreement between the City
of Lincoln and Lancaster County for the N.W. 56th
Street Roadway reconstruction from 600 feet north
of West Holdrege to West Adams Streets.
Fact Sheet (55K)
Attachment (692K)
60) 07R-18 Waiver 06009 - Application of Geico Development to
waive the Design Standards and Subdivision
Ordinance requirements for stormwater associated
with Use Permit No. 04008 on property generally
located at S.W. 17th Street and West A Street.
Fact Sheet (5490K)
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 (1/3/07) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS
1/8/07.
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 JANUARY ARE THE 8TH AND 29TH.
ADJOURNMENT 4:22 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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