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City of Lincoln City Council Office Formal Agenda |
AGENDA FOR THE REGULAR CITY COUNCIL MEETING TO BE HELD MONDAY, AUGUST 28, 2006 AT 5:30 P.M. THERE WILL BE NO COUNCIL MEETING THE WEEK OF SEPTEMBER 4, 2006, DUE TO THE HOLIDAY PUBLIC HEARING LIQUOR RESOLUTIONS 1) Application of Sifu, Inc. dba 2020 Convenience Stop for a Class D liquor license at 2020 O Street. (8/21/06 - P.H. & Action delayed to 8/28/06) 2) Manager application of Sinh V. Chau for Sifu, Inc. dba 2020 Convenience Stop at 2020 O Street. (8/21/06 - P.H. & Action delayed to 8/28/06) 3) Application of Roboco, Inc. dba Wasabi to add a catering license to their Class C liquor license at 239 N. 14th Street. 4) Application of Blue Orchid, LLC dba Blue Orchid to expand its presently licensed premises by the addition of a sidewalk caf‚ measuring approximately 33 feet by 16 feet to the south. PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) 5) 06-143 Approving a License Agreement between the City and Alltel for the placement of a telecommunications tower and facilities to be located on City property at Van Dorn Park at 9th and Van Dorn Streets. Fact Sheet (44K) Attachment (687K) 6) 06-145 Amending Title 8 of the Lincoln Municipal Code relating to Health and Sanitation by creating a new Chapter 8.52, Graffiti Abatement Act, to set forth the title, purpose and definitions, to prohibit the act of placing graffiti on any public or private building, to prohibit the failure to remove graffiti, defining graffiti as a public nuisance and providing for notice and abatement procedures, to provide the means and conditions for appealing a notice and order to abate graffiti, and to provide for the enforcement and penalties for violations. Fact Sheet (13K) PUBLIC HEARING - RESOLUTIONS 7) 06-86 Authorizing execution and delivery of the Development Agreement between the City and various owners for the development of approximately 726 acres of property generally located at S. 84th Street and Rokeby Road and for the issuance of bonds for the installation of infrastructure to serve the area. (Related Items: 06-86, 06R-110) (6/12/06 - Public Hearing & 2nd Reading cont'd to 7/10/06) (7/10/06 - P.H. & 2nd Reading con't. to 7/24/06) (7/24/06 - P.H. & 2nd Reading con't. to 8/28/06) Attachment (27K) 8) 06R-110 Comp. Plan Amendment 06002 - Amending the 2025 Lincoln-Lancaster County Comprehensive Plan to (a) amend the 2025 Future Service Limit to add land west of 98th Street from Yankee Hill Road to one- half mile south of Rokeby Road; (b) amend the Urban Growth tier and associated maps in the same area from Tier I, Priority B, to Tier I, Priority A, and land from Tier II to a mix of Tier I, Priority A and B; and (c) to change the land use in the area being added to the Future Service Limit from Agricultural to Urban Residential. (Related Items: 06-86, 06R-110) (Action Date: 6/19/06) (6/12/06 - Public Hearing & 2nd Reading cont'd to 7/10/06) (7/10/06 - P.H. con't. to 7/24/06) (7/24/06 - P.H. con't. to 8/28/06) Fact Sheet (570K) 9) 06R-160 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of August 1 - 15, 2006. Fact Sheet (13K) Attachment (19K) 10) 06R-161 Approving the 2006 - 07 Work Plan for the Interlocal Agreement on Stormwater Management between the City and Lower Platte South Natural Resources District regarding stormwater quality and quantity issues. Fact Sheet (57K) Attachment (178K) 11) 06R-162 Approving the name of Martin Prairie for the 467 acres of recently acquired prairie land west of Pioneers Park. Fact Sheet (53K) Anyone wishing to address an item on the Consent Agenda may do so at this time - CONSENT AGENDA - PETITIONS & COMMUNICATIONS 12) Setting the Hearing date of Monday, Sept. 11, 2006 at 1:30 p.m. for Application of B & R, Inc. dba Super Saver #9 for a Class C liquor license located at 2662 Cornhusker Highway. 13) Setting the Hearing date of Monday, Sept. 11, 2006 at 1:30 p.m. for Application of Down the Hatch, Inc. dba Down the Hatch for a Class I liquor license located at 5601 NW 1st Street. 14) MISCELLANEOUS REFERRALS REPORTS OF CITY OFFICERS 15) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by Council on August 14, 2006. (Placed on file) 16) Report of City Treasurer of Cash on Hand at the close of business on July 31, 2006. (Placed on file) 17) 06R-163 Reappointing William Lester to the Community Health Endowment Board of Trustees for a three- year term expiring September 1, 2009. 18) 06R-164 Appointing Alison Larson, Maria Lintel Prendes, and Lois Baldwin to the Community Health Endowment Board of Trustees for three-year terms expiring September 1, 2009. Attachment (163K) 19) 06R-165 Appointing Joyce Ebmeier to the EMS, Inc. Board of Directors to fill an unexpired three-year term expiring March 28, 2008. Attachment (25K) 20) 06R-166 Appointing Christi Chaves to the EMS, Inc. Board of Directors to fill an unexpired three-year term expiring March 28, 2007. Attachment (30K) 21) Setting a hearing date of Monday, September 18, 2006, at 10:00 a.m. for Public Works' Board of Equalization Special Assessment Group II. 22) Request of Public Works to set a Public Hearing date of Monday, September 25, 2006, at 5:30 p.m. and place on the formal City Council Agenda the following: 06-153 To provide authority to create and order constructed a water main 6-inch in diameter along NW 19th Street between West Q and West S Street and assess the costs thereof against the benefitted properties. 06-154 To provide authority to create and order constructed a sanitary sewer 8-inch in diameter along South 15th Street, between Mulberry and Plum Street and assess the costs thereof against the benefitted property. 06-155 To provide authority to create and order constructed a water main 6-inch in diameter along Orchard Street, North 67th to North 68th Streets and assess the costs thereof against the benefitted property. - END CONSENT AGENDA - - END PUBLIC HEARING - ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) 23) 06-146 Approving a five-year/3,500 hour lease/purchase agreement between the City and Merchants Capitol Resources, Inc. to provide a 90-horse power class backhoe loader for use by the Public Works & Utilities Water Division in construction and maintenance projects. Fact Sheet (59K) Attachment (921K) 24) 06-147 Amending Chapter 8.06 Air Pollution, Chapter 8.20 Lincoln Food Code, 8.24 Noise Control Ordinance, Chapter 8.38 Public Swimming Pools, 8.40 Spa Facilities, and 8.44 Water Wells of the Lincoln Municipal Code to increase permit fees for the Health Department. Fact Sheet (67K) 25) 06-148 Amending Chapter 24.38 of the Lincoln Municipal Code, Onsite Wastewater Treatment Systems, to increase fees for various on-site wastewater treatment system permits. (septic tanks and/or lagoons) Fact Sheet (24K) 26) 06-149 Misc. 06011 - Amending Section 26.23.160 of the Lincoln Municipal Code Land Subdivision Ordinance to clarify that when neighborhood park land is dedicated, the developer shall be reimbursed with Neighborhood Park and Trail Impact Fees. Fact Sheet (24K) 27) 06-150 Street Name Change 06004 - Renaming that portion of Capitol Beach Boulevard located south of O Street as S.W. Capitol Beach Boulevard. Fact Sheet (135K) 28) 06-151 Annexation 06013 - Amending the Lincoln Corporate Limits Map by annexing approximately .4 acres of property generally located northeast of the intersection of Old Cheney Road and South 96th Place. (Related Items: 06-151, 06-152) Fact Sheet (242K) 29) 06-152 Change of Zone 06047 - Application of the property owners for a change of zone from AG Agricultural District to R-3 Residential District, on property generally located northeast of the intersection of Old Cheney Road and South 96th Place. (Related Items: 06-151, 06-152) Fact Sheet (250K) ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 30) 06-142 Authorizing a lease agreement between the City (Lessee) and the Airport Authority (Lessor) for land and a fire station for a period of 31 years with an additional term of 30 years; rent to be paid in accordance with the terms of the Interlocal Agreement. (Related Items: 06-142, 06R-157) Fact Sheet (45K) Attachment (1331K) 31) 06R-157 Approving an Interlocal Agreement between the City and the Airport Authority authorizing the Airport Authority to build a fire station and associated facilities on land totaling approximately 42,400 square feet, to lease such property to the City through a long term lease agreement, and setting the rent based on the final cost of the building(s) not to exceed $7,389 per month. (Related Items: 06-142, 06R-157) (Action Date: 8/28/06) Fact Sheet (47K) Attachment (23K) PENDING LIST - DATE CERTAIN 32) 06-137 Amending Title 5 of the Lincoln Municipal Code relating to Licenses and 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) Fact Sheet (8K) PENDING LIST 33) 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) 34) 04-188 Annexation 03001 - Amending the Lincoln Corporate Limits Map by annexing approx. 214 acres of property generally located at N. 56th St. & Arbor Rd. (In connection 04R-273, 04-189, 04R-272) (10/11/04 - Placed on Pending Indefinitely) 35) 04R-273 Approving the North Bank Junction Annexation & Zoning Agreement between the City and Roger & Eldonna Schwisow and Hartland Homes, Inc. relating to the annexation of approx. 214 acres on property generally located at N. 56th St. & Arbor Rd. (In connection w/04-188, 04-189, 04R-272) (10/11/04 - Placed on Pending Indefinitely) Attachment (527K) 36) 04-189 Change of Zone 3398 - Application of Hartland Homes, Inc., Rodger & Eldonna Schwisow for a change from AG Agricultural to R-3 Residential for approx. 123 acres & H-4 General Commercial for approx. 21 acres on property generally located at N. 56th St. & Arbor Rd. (In connection w/04- 188, 04R-273, 04R-272) (10/11/04 - Placed on Pending Indefinitely) Fact Sheet (217K) 37) 04R-272 Special Permit 2004 - Application of Hartland Homes, Inc., Rodger & Eldonna Schwisow to develop 125,000 sq. ft. of planned service commercial floor area, with variances to the rear & side yard setback requirements on property located at N. 56th St. & Arbor Rd. (In connection w/04-188, 04R-273, 04R-189, 04R-272) (10/11/04 - Placed on Pending Indefinitely) Fact Sheet (535K) 38) 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) 39) 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) 40) 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) 41) 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, SEPTEMBER 11, 2006 AT 1:30 P.M.: 42) 06R-167 Appointing Scott Young and Laurie Thomas Lee to the Cable Advisory Board for three-year terms expiring July 1, 2009. Attachment (57K) 43) 06R-168 Adopting fees for special waste disposal permits for the purpose of administering, operating, and enforcing the special waste permit provisions of Chapter 8.32 of the Lincoln Municipal Code. Fact Sheet (64K) Attachment (14K) 44) 06R-169 Amending the Lincoln-Lancaster County Air Pollution Control Regulations and Standards to update the regulations in conformance with United States Environmental Protection Agency and the Nebraska Department of Environmental Quality. Fact Sheet (53K) Attachment (257K) 45) 06R-170 Approving enhanced landscaping in select locations along the O Street, 45th to 52nd Street project limits, to identify source of funds for establishment of landscape plantings and other features, and their ongoing maintenance. Fact Sheet (4350K) Attachment (538K) 46) 06R-171 Approving an Agreement between the City and the State of Nebraska Department of Roads, for State funds for the O Street, 45th to 52nd Street Roadway Reconstruction project. Fact Sheet (60K) Attachment (154K) 47) 06R-172 Approving an Agreement between the City and the State of Nebraska Department of Roads regarding right-of-way acquisition by Dept. of Roads for the South Beltway and the acquisition of conservation easements by the City and the Lower Platte South NRD within the floodplain and floodprone areas abutting the South Beltway right-of-way. Fact Sheet (61K) Attachment (82K) 48) 06R-173 Approving an Agreement between the City and County to provide the City with an appropriate facility at the County Youth Assessment Center for temporary detention of juveniles taken into custody by the Lincoln Police Department. Fact Sheet (21K) Attachment (179K) 49) 06R-174 Approving an Occupational Health Clinic and Ancillary Services Contract between the City, LES and St. Elizabeth Health System for employee workers' compensation injuries and miscellaneous medical and other services for a three-year term. Fact Sheet (22K) Attachment (675K) 50) 06R-175 Authorizing and supporting the Parks & Recreation Department's submittal of a grant application to the Transportation Enhancement Program of the State of Nebraska Department of Roads to fund the construction of the Jamaica North Trail Phase II for approximately 2.25 miles from 4th and Calvert to 4th and J Streets. Fact Sheet (61K) 51) 06R-176 Authorizing and supporting the Parks & Recreation Department's submittal of a grant application to the Nebraska Game and Parks Commission for a Recreation Trails Program Grant for construction of a connector trail to its Bison Trail and Van Dorn Park/Highway 2 Trail. Fact Sheet (62K) 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 (8/23/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 8/28//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 AUGUST ARE THE 14th AND 28th. ADJOURNMENT ANNOUNCEMENTS: The Open Microphone Sessions for September are the 11th and the 25th. *** 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 ***