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City of Lincoln City Council Office Formal Agenda |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, OCTOBER 23, 2006 AT 1:30 P.M. ALL MEMBERS PRESENT (COOK ARRIVED AT 2:15 P.M.) PUBLIC HEARING LIQUOR RESOLUTIONS NONE PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)(ITEMS 2 THRU 6 HAD 2ND READING) 1) 06-184 Approving an Agreement between the City and the Firth Community Center for the lease of space by the Lincoln Area Agency on Aging for its ActivAge Center program at 311 Nemaha Street, Firth, NE for a period of September 1, 2006 through August 31, 2007. Fact Sheet (43K) Attachment (63K) 2) 06-185 Street Name Change No. 06008 - Naming the unnamed street entering East Campus as "Dairy Store Drive" located north off of Holdrege Street between 37th and 38th Streets. Fact Sheet (278K) 3) 06-186 Street Name Change No. 06007 - Renaming "Salt Creek Road" as "Ox Bow Road" and "Enterprise Circle" as "Ox Bow Court" in Landmark Corporate Center preliminary and final plats generally located at N. 33rd Street and Folkways Boulevard. Fact Sheet (422K) 4) 06-187 Annexation No. 06014 - Amending the Lincoln Corporate Limits Map by annexing approximately 4.67 acres of property generally located at North 14th Street and Pennsylvania Avenue. (Related Items: 06-187, 06-188, 06R-204) Fact Sheet (192K) 5) 06-188 Change of Zone No. 06053 - Application of Hartland Homes, Inc. for a change of zone from AG Agricultural District to R-3 Residential District on property generally located at North 14th Street and Pennsylvania Avenue. (Related Items: 06- 187, 06-188, 06R-204) Fact Sheet (262K) 6) 06R-204 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. (Related Items: 06-187, 06-188, 06R-204) (Action Date: 10/30/06) Fact Sheet (1251K) PUBLIC HEARING - RESOLUTIONS 7) 06R-201 Directing the Personnel and Law Departments to draft an early retirement program in accordance with the Age Discrimination in Employment Act and the Older Worker's Benefit Protection Act. (MOTION TO DELAY LOST, 2-5; CAMP, SVOBODA ASSENTING; AMENDED, 5-2; CAMP, SVOBODA DISSENTING; ADOPTED, 5-2; CAMP, SVOBODA DISSENTING; A-84080) 8) 06R-202 Approving a Real Estate Sales Agreement between the Public Building Commission and Mattice Family Revokable Trust for the acquisition of property generally located at 819 H Street. (ADOPTED, 7-0; A-84081) Attachment (109K) 9) 06R-203 Misc. No. 06013 - Declaring the Northwest Corridors Redevelopment Area as blighted and substandard generally along Sun Valley Boulevard from West O Street to Cornhusker Highway, along Cornhusker Highway from I-180 to N.W. 12th Street, along N.W. 12th Street from Cornhusker Highway to Highlands Boulevard, Highlands Boulevard from N.W. 12th Street to N.W. 1st Street, and West Superior Street from N.W. 1st Street to I-180. (ADOPTED, 7-0; A-84082) Fact Sheet (300K) Anyone wishing to address an item on the Consent Agenda may do so at this time - CONSENT AGENDA - PETITIONS & COMMUNICATIONS 10) Setting the hearing date of Monday, November 6, 2006 at 1:30 p.m. for the Application of Doughboyz, Inc. dba Doughboyz Bistro/Scrumpy Jacks for an addition to premise at 5520 S. 56th St., Suites 185 & 195 by the addition of a sidewalk cafe‚ measuring approx. 15' x 20'. (ADOPTED, 7-0; A-84083) 11) Setting the hearing date of Monday, November 6, 2006 at 1:30 p.m. for the Application of Lead dog Entertainment, Inc. dba The Pit Crew for a Class C liquor license located at 3223 Cornhusker Highway. (ADOPTED, 7-0; A-84084) 12) MISCELLANEOUS REFERRALS REPORTS OF CITY OFFICERS 13) 06R-200 Appointing Bob FitzSimmons and Steve Wilborn to the Lincoln-Lancaster Women's Commission to fill unexpired two-year terms expiring January 1, 2008. (ADOPTED, 7-0; A-84085) Attachment (119K) 14) Affidavit of Mailing for Board of Equalization for Downtown Business Improvement District, Core Business Improvement District Overlay & Downtown Maintenance District to be held on Monday, November 6, 2006. (PLACED ON FILE) - END CONSENT AGENDA - - END PUBLIC HEARING - ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) NONE ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 15) 06-137 Amending Title 5 of the Lincoln Municipal Code 06-137S 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) (9/11/06 - P.H. & Action con't. to 10/9/06) (10/9/06 - P.H. & Action con't. to 10/16/06) (10/16/06 - Action Delayed 1 wk to 10/23/06) (SUBSTITUTE ORDINANCE ACCEPTED, 7-0; AMENDED, 7-0; PASSED, 7-0; #18831) 16) 06-180 Change of Zone 06061 - Application of Kappa House Corporation of Delta Delta Delta Sorority to designate the Delta Delta Delta Sorority House at 1601 R Street as a historic landmark. (PASSED, 7-0; #18832) Fact Sheet (808K) 17) 06-181 Amending Chapter 8.12 of the Lincoln Municipal Code entitled Child Care Facilities to update the provisions specifically governing the operation of small family child care homes including requiring training in first aid/CPR, disease prevention and injury prevention; prohibiting smoking in the home at all times; modifying record review permit denials; adopting new operational regulations; clarifying enforcement provisions; and clarifying enforcement provisions to assure due process. (PASSED, 7-0; #18833) Fact Sheet (72K) 18) 06-182 Amending Chapter 8.14 of the Lincoln Municipal Code entitled Early Childhood Programs to update the provisions of the chapter to require training in injury and disease prevention and safe food handling, create permit fees, adopt new operational regulations, and clarify enforcement provisions to assure due process. (PASSED, 7-0; #18834) Fact Sheet (75K) 19) 06R-198 Updating and amending the Rules and Regulations for the Care of Children and the Operation of Small Family Child Care Homes adopted pursuant to Lincoln Municipal Code 8.12 to address issues which pose health and safety risks to young children in home based child care. (Action Date: 10/23/06) (ADOPTED, 7-0; A-84086) Fact Sheet (77K) Attachment (25K) 20) 06-183 Approving an Agreement between the City and the Panama Presbyterian Church for the lease of space by the Lincoln Area Agency on Aging for its ActivAge Center program at 2nd and Pine Streets, Panama, Nebraska for a period of September 1, 2006 through August 31, 2007. (PASSED, 7-0; #18835) Fact Sheet (57K) Attachment (65K) PENDING LIST - DATE CERTAIN - NONE PENDING LIST (EXTENDED ONE WEEK) 21) 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) 22) 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) 23) 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) 24) 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) 25) 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, OCTOBER 30, 2006 AT 5:30 P.M.: (APPROVED, 7-0) 26) 06R-205 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of October 1 - 15, 2006. Fact Sheet (13K) Attachment (17K) 27) 06R-206 Use Permit 146B - Application of West Gate Bank to adjust the sign requirements to allow an additional ground sign in excess of the maximum area allowed, on property generally located northeast of the intersection of Old Cheney Road and Highway 2. Fact Sheet (406K) 28) 06R-207 Approving a schedule of fees the City may charge for ambulance service and implementing recommendations of the EMS Review Committee. Fact Sheet (108K) Attachment (7K) 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 (10/25/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 10/30/06. 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 OCTOBER ARE THE 9th AND 30th. ADJOURNMENT 3:05 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 ***