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City of Lincoln City Council Office Formal Agenda |
ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD MONDAY, DECEMBER 11, 2006 AT 1:30 P.M. There will be No City Council Meetings the Weeks of December 25th, 2006 and January 1, 2007 ALL MEMBERS PRESENT MAYOR'S AWARD OF EXCELLENCE FOR NOVEMBER WAS AWARDED TO ERIN SIMS, POLICE SERGEANT, FROM THE POLICE DEPARTMENT IN THE CATEGORY OF PRODUCTIVITY. PUBLIC HEARING LIQUOR RESOLUTIONS 1) Manager application of Marissa Brown for CEC Entertainment, Inc. dba Chuck E. Cheese's at 221 N. 66th Street. (ADOPTED FOR APPROVAL, 7-0; A-84141) 2) Manager application of Tamela K. Skrdlant for I.I., Inc. dba Villager Motel at 5200 O Street. (ADOPTED FOR APPROVAL, 7-0; A-84142) PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)(ITEMS 3 THRU 5 HAD 2ND READING) 3) 06-206 Annexation 06018 - Amending the Lincoln Corporate Limits Map by annexing approximately 4.87 acres of property generally located at North 7th Street and Fletcher Avenue. Fact Sheet (181K) 4) 06-207 Change of Zone 06073 - Application of Ridge Development Company for a change of zone from H-3 Highway Commercial District to I-1 Industrial District on property generally located at South 10th Street and Robbers Cave Road. Fact Sheet (131K) 5) 06-208 Change of Zone 06074 - Application of Wilderness View Townhomes for a change of zone from R-2 Residential District to R-4 Residential District on property generally located at Warlick Boulevard and Creekside Trail. Fact Sheet (216K) PUBLIC HEARING - RESOLUTIONS 6) 06R-229 Approving the transfer of appropriation in the amount of $245,000 in the General Expense fund to the Industrial Promotion for funding the amended LPED Agreement and authorizing the Mayor to approve an addendum to the LPED Agreement. (ADOPTED, 7-0; A-84143) Fact Sheet (58K) 7) 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. (CON'T P.H. W/ACTION ON 1/8/07, 7-0) Fact Sheet (58K) Attachment (73K) 8) 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. (CON'T P.H. W/ACTION ON 1/29/07, 7-0) Fact Sheet (406K) Anyone wishing to address an item on the Consent Agenda may do so at this time - CONSENT AGENDA - PETITIONS & COMMUNICATIONS 9) Setting the Hearing Date of Monday, January 8, 2007 at 1:30 p.m. for the Application of Alley, Inc. dba The Alley for an addition to premises of an area approx. 44' x 25' to the North, and an addition to the beer garden of an "L" shaped area approx. 40' x 41' located at 1031 M Street. (ADOPTED, 7-0; A-84144) 10) Setting the Hearing Date of Monday, January 8, 2007 at 1:30 p.m. for the Application of Ileana Jolly & Kenneth Farley dba Flashback for a Class C liquor license located at 311 N. 8th Street, Suite 1. (ADOPTED, 7-0; A-84145) 11) Setting the Hearing Date of Monday, January 8, 2007 at 1:30 p.m. for the Application of Moran's Liquor Works, LLC dba Moran's Liquor Works for a Class D liquor license located at 3400 A Street. (ADOPTED, 7-0; A-84146) 12) MISCELLANEOUS REFERRALS - NONE REPORTS OF CITY OFFICERS 13) Approving the distribution of funds representing interest earnings on short-term investments of Idle Funds for the month ended October 31, 2006. (ADOPTED, 7-0; A-84147) 14) Approving the City Treasurer's Investment Report for the 2005 - 2006 Fiscal Year ended August 31, 2006. (ADOPTED, 7-0; A-84148) 15) Lincoln Water & Wastewater System Recapitulation of Daily Cash Receipts for November, 2006. (PLACED ON FILE) 16) Report from City Treasurer of City Cash on hand at the close of business October 31, 2006. (PLACED ON FILE) 17) 06R-226 Reappointing Larry Anderson to the Community Forestry Advisory Board for a three-year term expiring August 17, 2009. (ADOPTED, 7-0; A-84149) 18) 06R-227 Appointing Robert Smith to the Community Forestry Advisory Board for a three-year term expiring August 17, 2009. (ADOPTED, 7-0; A-84150) Attachment (23K) 19) 06R-228 Reappointing Ken Svoboda to the District Energy Corporation for a two-year term expiring December 31, 2008. (ADOPTED, 7-0; A-84151) - END CONSENT AGENDA - - END PUBLIC HEARING - ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)(ITEMS 20 & 21 HAD 1ST READING) 20) 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. Fact Sheet (56K) 21) 06-210 Street Name Change 06006 Renaming Capitol Parkway West running west from 9th Street to Coddington Avenue as "Rosa Parks Way." Fact Sheet (197K) ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 22) 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. (PASSED, 7-0; #18858) 23) 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. (AMENDMENT B ADOPTED, 5-2; CAMP, ESCHLIMAN DISSENTING; PASSED AS AMENDED, 7-0; #18859) Fact Sheet (3105K) PENDING LIST - DATE CERTAIN - NONE PENDING LIST (EXTENDED ONE WEEK) 24) 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) 25) 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) 26) 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) 27) 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) 28) 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 18, 2006 AT 1:30 P.M.: (APPROVED, 7-0) 29) 06R-232 Reappointing Connie Schmidt and Gloria Aron to the Lincoln-Lancaster Women's Commission for two-year terms expiring January 1, 2009. 30) 06R-233 Appointing Dee Aguilar to the Lincoln Area Agency on Aging Advisory Council for a three-year term expiring July 1, 2009. Attachment (41K) 31) 06R-234 Appointing Marilyn McNabb to the Lincoln Electric System Administrative Board for a three-year term expiring December 31, 2009. Attachment (22K) 32) 06R-241 Appointing Antonio Marquez to the Lincoln Electric System Administrative Board for a three-year term expiring December 31, 2009. Attachment (134K) 33) 06R-240 Reappointing Kathy Campbell to the Lincoln Electric System Administrative Board for a three- year term expiring December 31, 2009. 34) 06R-235 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of November 16 - 30, 2006. Fact Sheet (13K) Attachment (18K) 35) 06R-236 Approving WC's South Lounge as a keno satellite site at 2109 Highway 2. Fact Sheet (51K) 36) 06R-237 Establishing the annual salary of the Mayor for the years 2007, 2008, 2009, and 2010 and the City's contribution to health and dental insurance coverage. Fact Sheet (53K) 37) 06R-238 Assessing the costs incurred for cutting weeds against the various benefitted properties for the period of January 1 through December 31, 2006. Attachment (435K) 38) 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. Fact Sheet (56K) 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 (12/13/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 12/18/06. 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 DECEMBER ARE THE 4TH AND 18TH. ADJOURNMENT 2:34 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 ***