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City of Lincoln City Council Office Formal Agenda |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, OCTOBER 30, 2006 AT 5:30 P.M. ALL MEMBERS PRESENT PUBLIC HEARING LIQUOR RESOLUTIONS 1) Application of B&R Stores, Inc. dba Russ's Market #2 for a Class C liquor license at 130 N. 66th Street. (ADOPTED FOR APPROVAL, 7-0; A-84087) 2) Manager application of James C. Kelsey for B&R Stores, Inc. dba Russ's Market #2 at 130 N. 66th Street.(ADOPTED FOR APPROVAL, 7-0; A-84088) PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) NONE PUBLIC HEARING - RESOLUTIONS 3) 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.(ADOPTED, 7-0; A-84089) Fact Sheet (13K) Attachment (17K) 4) 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.(ADOPTED, 7-0; A-84090) Fact Sheet (406K) 5) 06R-207 Approving a schedule of fees the City may charge for ambulance service and implementing recommendations of the EMS Review Committee. (AMENDED #1, 7-0; AMENDED #2, 6-1; COOK DISSENTING; ADOPTED AS AMENDED, 7-0; A-84091) Fact Sheet (108K) Attachment (7K) Anyone wishing to address an item on the Consent Agenda may do so at this time - CONSENT AGENDA - PETITIONS & COMMUNICATIONS 6) Formal petition for the creation of a Special Assessment District for the acquisition, grading, paving, storm sewer, sidewalks, ornamental street lighting, water line, other utilities and street trees to allow the street connection of North 50th from O Street to R Street to fulfill a condition of the Redevelopment Agreement. (REFFERED TO PUBLIC WORKS 10/20/06) 7) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPARTMENT: Change of Zone 06071 - App. of Director of Parks and Recreation to change from AG to R-3 and AG to P Public Use District on property at Coddington Avenue and West Van Dorn Street. Change of Zone 06072 - App. of Rezac- Pickering-Williams, LLC to change from AG to AGR on property located at SW 27th Street and W Denton Road. Special Permit 06062 - App. of E.S.P., Inc. for extraction of soil on property located at N. 56th Street and Waverly Road. Special Permit 06067 - App. of Architectural Design Associates, P.C. for an approximately 100' tall broadcast tower, with request to waive the fall zone, on property located at S. 44th Street and N Street. Special Permit 06068 - App. of Rezac- Pickering-Williams, LLC, The Bridges Community Unit Plan, for approximately 70 single family dwelling units, with requests to waive sidewalks, street trees, street lighting, landscape screening, block length, preliminary plat, storm water detention, sanitary sewer running opposite street grades, rollover curb in lieu of typical curb and gutter, front and rear yard setbacks, and BTA grading requirements for future roadways, on property located at SW 27th Street and W Denton Road. 8) Setting the Hearing Date of Monday, November 13, 2006 at 1:30 p.m. for the App. of B & R Stores, Inc. dba Super Saver #17 for a Class C liquor license located at 2525 Pine Lake Road.(ADOPTED, 7-0; A-84092) 9) MISCELLANEOUS REFERRALS REPORTS OF CITY OFFICERS 10) Clerk's Letter and Mayor's Approval of Ordinances and Resolutions passed by Council on October 16, 2006.(PLACED ON FILE) 11) Assessment Resolution for Board of Equalization for Downtown Business Improvement District to be held Monday, November 6, 2006. (ADOPTED, 7-0; A-84093) 12) Assessment Resolution for Board of Equalization for Core Business Improvement District Overlay to be held Monday, November 6, 2006.(ADOPTED, 7-0; A-84094) 13) Assessment Resolution for Board of Equalization for Downtown Maintenance District to be held Monday, November 6, 2006.(ADOPTED, 7-0; A-84095) - END CONSENT AGENDA - - END PUBLIC HEARING - ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 14 THRU 21 HAD 1ST READING) 14) 06-189 Authorizing and providing for the issuance of not to exceed $27,000,000 aggregate principal amount of general obligation highway allocation bonds of the City of Lincoln, Nebraska. 15) 06-190 Approving a one-year Lease Agreement between the City and Spirits by Beckman for the lease of space by the Lincoln Area Agency on Aging for its Lincoln Information For the Elderly (LIFE) Program at 708 N. Chestnut, Wahoo, Nebraska. Fact Sheet (48K) Attachment (64K) 16) 06-191 Amending Section 2.76.385 of the Lincoln Municipal Code to revise and clarify that funeral leave is allowed for employees attending the funeral of a fellow employee. Fact Sheet (137K) 17) 06-166 Approving a License Agreement between the City and New Cingular Wireless PCS for the placement of telecommunications facilities upon City property at Van Dorn Park generally located at S. 10th and Van Dorn Street. Fact Sheet (39K) Attachment (1962K) 18) 06-167 Approving a License Agreement between the City and New Cingular Wireless PCS for the placement of telecommunications facilities upon City property at Pioneers Park generally located at 3403 West Van Dorn Street. Fact Sheet (39K) Attachment (1877K) 19) 06-194 Approving a License Agreement between the City and Verizon Wireless for the placement of telecommunications facilities upon City property at Holmes Lake Park generally located at 3801 S. 70th Street. Street. Fact Sheet (41K) Attachment (818K) 20) 06-192 Vacation No. 06006 - Vacating the east-west alley between Q and R Streets from 24th Street to 25th Street. Fact Sheet (201K) 21) 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. Fact Sheet (113K) ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 22) 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.(PASSED, 7-0; #18836) Fact Sheet (43K) Attachment (63K) 23) 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.(PASSED, 7-0; #18837) Fact Sheet (278K) 24) 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. PASSED, 7-0; #18838) Fact Sheet (422K) 25) 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)(PASSED, 7-0; #18839) Fact Sheet (192K) 26) 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) (PASSED, 7-0; #18840) Fact Sheet (262K) 27) 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) (AMENDED #1, 4-3; COOK, MARVIN, NEWMAN DISSENTING; AMENDED #2, 7-0; ADOPTED AS AMENDED, 6-1; MARVIN DISSENTING; A-84096) Fact Sheet (1251K) PENDING LIST - DATE CERTAIN - NONE PENDING LIST (EXTENDED ONE WEEK 28) 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) 29) 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) 30) 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) 31) 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) 32) 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, NOVEMBER 6, 2006 AT 1:30 P.M.: (APPROVED, 7-0) 33) 06R-208 Application of Ohana, LLC to use the public right-of-way for construction of a new facade and ramp on property at 1442 O Street. Fact Sheet (59K) Attachment (227K) 34) 06R-209 Authorizing the Mayor to execute an Agreement between the City and the Nebraska Department of Roads to ensure that federal funding may be used for the construction of the Antelope Valley Channel Phase II R to Y Project. Fact Sheet (61K) Attachment (485K) 35) 06R-210 Approving the Northwest Corridors Redevelopment Plan 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. Fact Sheet (226K) Attachment (5606K) 36) 06R-211 Reappointing David Fikar, Sitaram Jaswal, and Lori Lopez Urdiales to the Lincoln Commission on Human Rights for three-year terms expiring December 31, 2009. 37) 06R-212 Appointing Joe Tidball to the Parks and Recreation Advisory Board for an unexpired three-year term expiring April 27, 2007. 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 (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 7:00 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 ***