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City of Lincoln City Council Office Formal Agenda |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, NOVEMBER 20, 2006 AT 5:30 P.M. There will be No City Council Meeting the Week of November 27th - Thanksgiving Holiday ALL MEMBERS PRESENT EXCEPT CAMP PUBLIC HEARING LIQUOR RESOLUTIONS 1) Manager application of Clark D. Dawson for Summit Properties, LLC dba Sidelines Deli at 1000 Saunders Ave. (ADOPTED FOR APPROVAL, 6-0; A-84117) 2) Application of James Harman dba Cheapest Damn Cigarettes for a Class B liquor license at 4821 Cornhusker Highway. (ADOPTED FOR APPROVAL, 6-0; A-84118) 3) Application of Center Stage & Salon, Spa & Tanning, Inc. for a Class C liquor license at 4001 Pioneer Woods Drive. (ADOPTED FOR APPROVAL, 6-0; A-84119) 4) Manager application of Percy L. Upton for Center Stage & Salon, Spa & Tanning, Inc. at 4001 Pioneer Woods Drive. (ADOPTED FOR APPROVAL, 6-0; A-84120) PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)(ITEMS 5 THRU 11 HAD 2ND READING) 5) 06-199 Vacation No. 06003 - Vacating the east 14 feet of 1st Street between the north and south lines of R Street, vacating R Street between 1st Street and 2nd Street, and vacating the west 25 feet of 2nd Street between the south line of the north 14 feet of vacated Q Street and the north line of R Street. (Related Items: 06-199, 06R-223) Fact Sheet (399K) 6) 06R-223 Approving a Conservation Easement Agreement between the City and the Peoples City Mission Home, Inc. to accept a permanent conservation easement to preserve the flood storage capacity on property generally located at 1st and Q Streets. (Related Items: 06-199, 06R-223) (Action Date: 12/4/06) Attachment (236K) 7) 06-200 Change of Zone 06066 - Application of Woods Park Neighborhood Association for a change of zone from R-4 Residential District to R-2 Residential District on property generally located between 27th and 33rd Streets, from N to A Streets; from R-5 Residential District to R-4 Residential District on property generally located between 27th and 31st Streets, from N to O Streets; and from R-6 Residential District to R-4 Residential District on property generally located from H to N Streets on both sides of 27th Street and the east side of 26th Street. Fact Sheet (1303K) 8) 06-201 Change of Zone 06067 - Application of Outfield Park LLC for a change of zone from H-3 Highway Commercial District to R-3 Residential District on property generally located at West Charleston Street and N. 1st Street, and Sun Valley Blvd. and Line Drive. Fact Sheet (149K) 9) 06-202 Amending Chapter 9.16 of the Lincoln Municipal Code relating to Offenses Against Public Decency by adding new sections to define marijuana, to define paraphernalia, to make it an infraction to possess paraphernalia for the purpose of manufacturing, inhaling, or ingesting marijuana or toxic compounds, and to make it unlawful to possess one ounce or less of marijuana and to prescribe penalties for violations. Fact Sheet (61K) 10) 06-203 Amending Section 1.24.010 of the Lincoln Municipal Code relating to general penalties for violations of the LMC by adding penalties for infraction violations and specifying subsections for misdemeanor penalties and infraction penalties. Fact Sheet (50K) 11) 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. (11/6/06 - P.H. con't to 11/20/06 w/Action on 12/4/06) Fact Sheet (113K) PUBLIC HEARING - RESOLUTIONS 12) 06R-220 Hearing on the Lincoln Electric System Annual Budget for 2007. (Action Date: 12/4/06) Fact Sheet (47K) 13) 06R-222 Approving a Cooperative Agreement between the Nebraska Department of Environmental Quality (NDEQ) and the City of Lincoln regarding State of Nebraska grant funding from the Stormwater Management Plan Program. (PUBLIC HEARING CON'T W/ACTION ON 12/4/06, 6-0) Fact Sheet (61K) Attachment (317K) Anyone wishing to address an item on the Consent Agenda may do so at this time - CONSENT AGENDA - PETITIONS & COMMUNICATIONS 14) Setting the hearing date of December 11, 2006 for the Manager Application of Marissa Brown for CEC Entertainment, Inc. dba Chuck E. Cheese's located at 221 N. 66th Street. (ADOPTED, 6-0; A-84121) 15) Setting the hearing date of December 11, 2006 for the Manager Application of Tamela K. Skrdlant for I.I., Inc. dba Villager Motel located at 5200 O Street. (ADOPTED, 6-0; A-84122) 16) MISCELLANEOUS REFERRALS Setting a hearing date of Monday, December 11, 2006 at 10:00 a.m. for Public Works' Board of Equalization for Sidewalk District No. 94. (APPROVED, 6-0) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by Council on November 13, 2006. (PLACED ON FILE) REPORTS OF CITY OFFICERS 17) 06R-217 Reappointing Martin Ramirez and Modesta Putla to the Mayor's Multicultural Advisory Committee for three-year terms expiring September 18, 2009. (ADOPTED, 6-0; A-84123) 18) 06R-218 Reappointing Candice Batton and Gil Trevizo to the Citizen Police Advisory Board for three-year terms to expire November 17, 2009. (ADOPTED, 6-0; A-84124) 19) 06R-219 Reappointing Gerry Krieser to the Board of Zoning Appeals for a five-year term expiring August 24, 2011. (ADOPTED, 6-0; A-84125) 20) 06R-221 Reappointing Peter Woolman as a student representative to the Parks and Recreation Advisory Board for a one-year term expiring October 1, 2007. (ADOPTED, 6-0; A-84126) - END CONSENT AGENDA - - END PUBLIC HEARING - ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)(ITEMS 21 & 22 HAD 1ST READING) 21) 06-205 Authorizing the execution and delivery of a (1) Trust Indenture, (2) a Lease Agreement, (3) a Deed of Trust, Construction Security Agreement and Assignment of Rents and Leases, and (4) a Tax Compliance Agreement in connection with the issuance of $3,500,000 aggregate principal amount of the City's Industrial Development Revenue Bond (Nebraska School Activities Association Project) Series 2006. 22) 06-204 Change of Zone 06063 - Application of North 47 Group, LLC for a change of zone from AG Agricultural to R-3 Residential and B-2 Planned Neighborhood Business on property generally located at N. 84th Street and Adams Street; for a Planned Unit Development District designation of said property; and for approval of a development plan which proposes modifications to the Zoning Ordinance and Land Subdivision Ordinance to allow approximately 74 residential dwelling units and 140,000 square feet of commercial floor area. Fact Sheet (3105K) ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 23) 06-196 Change of Zone 06069 - Application of Hidden Valley Estates LLC for a change of zone from AG Agricultural District to AGR Agricultural Residential District on property generally located south of S. 112th Street and Pine Lake Road. (PASSED, 6-0; #18849) Fact Sheet (513K) 24) 06-197 Change of Zone 06068 - Application of Michael Raasch for a change of zone from R-8 Residential District to B-4 Lincoln Center Business District, on property generally located at the northwest corner of S. 18th Street and M Street. (PASSED, 6-0; #18850) Fact Sheet (267K) 25) 06-198 Approving a lease agreement between the City of Lincoln, Urban Development Department dba One Stop Employment Solutions and Security National Properties Funding, LLC for lease of office space located at 1010 N Street, Suite 150 for the time period January 1, 2007 through December 31, 2016. (PASSED, 6-0; #18851) Attachment (57K) PENDING LIST - DATE CERTAIN - NONE PENDING LIST (EXTENDED ONE WEEK) 26) 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) 27) 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) 28) 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) 29) 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) 30) 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, DECEMBER 4, 2006 AT 1:30 P.M.: (APPROVED, 6-0) 31) 06R-224 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of November 1 - 15, 2006. Fact Sheet (13K) Attachment (19K) 32) 06R-225 Application of R Street Lofts, LLC, to use the public right-of-way for construction of courtyards and canopied entryways at the southeast corner of 7th and R Streets. Fact Sheet (57K) Attachment (135K) 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 (11/29/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 12/4/06. 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 NOVEMBER ARE THE 6TH AND 20TH. ADJOURNMENT 7:41 P.M. ANNOUNCEMENTS: Open microphone sessions for December are the 4th and the 18th. *** 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 ***