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City of Lincoln City Council Office Formal Agenda |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, DECEMBER 18, 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 EXCEPT COOK PUBLIC HEARING LIQUOR RESOLUTIONS 1) Application of Roboco Inc. dba Wasabi for a change of location of their existing Class CK liquor license from 239 N. 14th Street to 114 S. 14th. (ADOPTED FOR APPROVAL, 6-0; A-84152) 2) Application of JTK, LLC dba JTK for a Class I liquor license at 201 N. 7th Street.(ADOPTED FOR APPROVAL, 6-0; A-84153) 3) Manager application of Jason Kuhr for JTK, LLC dba JTK at 201 N. 7th Street.(ADOPTED FOR APPROVAL, 6-0; A-84154) 4) Application of BNW Corporation dba South Street Liquor for a Class C liquor license at 1000 South Street.(ADOPTED FOR APPROVAL, 6-0; A-84155) 5) Manager application of Fiseha Tesfatsion for BNW Corporation dba South Street Liquor at 1000 South Street.(ADOPTED FOR APPROVAL, 6-0; A-84156) 6) Application of Nebraska Dining Holding LLC dba Noodles & Co. for a Class I liquor license at 210 N. 14th Street.(ADOPTED FOR APPROVAL, 6-0; A-84157) 7) Manager application of Edward Lynch for Nebraska Dining Holding LLC dba Noodles & Co. at 210 N. 14th Street.(AMENDED NAME FROM EDWARD LYNCH TO JEREMIAH PENN, 6-0; ADOPTED FOR APPROVAL AS AMENDED, 6-0; A-84158) PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) ITEMS 8 & 9 HAD 2ND READING 8) 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) 9) 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) PUBLIC HEARING - RESOLUTIONS 10) 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.(AMENDED TO SETTLE CLAIM OF VICTORY MARINE IN THE AMOUNT OF $1,287.00, 6-0; ADOPTED AS AMENDED, 6-0; A-84159) Fact Sheet (13K) Attachment (18K) 11) 06R-236 Approving WC's South Lounge as a keno satellite site at 2109 Highway 2.(ADOPTED, 5-1; ESCHLIMAN DISSENTING; A-84160) Fact Sheet (51K) 12) 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.(LOST, 2-4; ESCHLIMAN, SVOBODA ASSENTING; 38-4541) Fact Sheet (53K) 13) 06R-238 Assessing the costs incurred for cutting weeds against the various benefitted properties for the period of January 1 through December 31, 2006. (RECONSIDERED, 6-0; ADOPTED, 6-0; A-84161) Attachment (435K) 14) 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.(CONT. PUBLIC HEARING TO 1/8/07, 6-0) Fact Sheet (56K) Anyone wishing to address an item on the Consent Agenda may do so at this time - CONSENT AGENDA - PETITIONS & COMMUNICATIONS 15) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPARTMENT: Change of Zone 05054A - App. of Prairie Home Builders, Inc., amendment to Prairie Village North P.U.D., for a change from AG to R-3 and R-5 and to change from R-3 and R-5 and O-3 to B-2 and from B- 2 to O-3 on property at North 84th Street and Adams Street for a P.U.D. Dist. designation of said property & for approval of a development plan which proposes modifications to the zoning ordinance and land subdivision ordinance to allow approx. 1722 dwelling units in the underlying R-5 and R-3 zoned area and approximately 600,000 sq. ft. of commercial floor area north of Adams and 285,000 sq. ft. of commercial floor area south of Adams. Change of Zone 06077 - App. of Olsson Associates from AGR to R-3 on property located at S. 84th Street and Pioneers Boulevard. Change of Zone 06081 - App. of B&J Partnership, Ltd. from R-7 to B-4 and R-6 to B-4 on property located at S. 18th Street and L Street. Special Permit 872F - App. of Olsson Assoc., an amendment to the Firethorn Community Unit Plan, to allow approximately 545 dwelling units on property located at S. 84th Street and Pioneers Boulevard. 16) Formal Paving Petition for Re-Paving and Paving District No. 01 to pave from N. 50th Street, O Street North approximately 800 ft. submitted by Abram LLC. (REFERRED TO LAW DEPT.) 17) MISCELLANEOUS REFERRALS REPORTS OF CITY OFFICERS 18) Clerk's Letter and Mayor's Approval of Ordinances & Resolutions passed by Council on December 4, 2006. (PLACED ON FILE) 19) Report from City Treasurer of Telecommunication Occupation Tax for the quarter July - September, 2006: Fast Phones of Nebraska, Telenational, Reliance, Southwest , Netifice, Opex, Accessline, PNG, Aircell; September, 2006: AT&T of Midwest, Nebraska Technology, New Cingular Wireless, USCOC of Greater Iowa, Cricket, TDT Corporation, Trans Nat'l, Telecomm. Systems Corp of Maryland, Virgin Mobile USA, UCN, USCOC of Nebraska/Kansas, Who's Calling, ACN, Telecorp, Tracfone Wireless, Earthlink, Business Telecom, Verizon Select, Primus, Global Crossing Bandwidth, Global Crossing Telecomm., Intellicall Operator, Working Assets, OnStar, McLeodUSA, XO Comm., Broadband Dynamic, Qwest, Covista, Verizon Bell Atlantic, Broadwing, Andiamo, Norstan Network, ATI, Enhanced, Cininnati Bell, VoiceCom, Business Prod. Solutions, CIMCO, Teleplus Wireless, Network Billing Systems, Guaranteed Phone Service, IBM Global Services-NS Div., KDDI America, Airlink Mobile, Quantum Shift; October, 2006: Nextel, D&D, Sprint Spectrum, MCI WorldCom Network, Windstream Nebraska, Windstream Systems of the Midwest, Alltel, Alltel Comm. of Nebraska, Sprint, LDMI, Zone Telecom, TRI-M, NOS, GTC Telecom, Nextel West, Acceris, Lightyear Network Solutions, BT Americas, Globalcom, NOSVA, Affinity Network, SBC Long Distance, 360Networks (USA), Covista, Acceris Mgmt. & Acquistion, ATS Mobile.(PLACED ON FILE) 20) Report from City Treasurer of franchise tax for the month of October, 2006 from Aquila.(PLACED ON FILE) 21) Setting the Interest Rate and Levying the Assessments of Special Assessment Group II (Sidewalk District No. 94) from the Board of Equalization December 11, 2006.(ADOPTED, 6-0; A-84167) 22) 06R-232 Reappointing Connie Schmidt and Gloria Aron to the Lincoln-Lancaster Women's Commission for two-year terms expiring January 1, 2009.(ADOPTED, 6-0; A-84162) 23) 06R-233 Appointing Dee Aguilar to the Lincoln Area Agency on Aging Advisory Council for a three-year term expiring July 1, 2009.(ADOPTED, 6-0; A-84163) Attachment (41K) 24) 06R-234 Appointing Marilyn McNabb to the Lincoln Electric System Administrative Board for a three-year term expiring December 31, 2009.(ADOPTED, 6-0; A-84164) Attachment (22K) 25) 06R-241 Appointing Antonio Marquez to the Lincoln Electric System Administrative Board for a three-year term expiring December 31, 2009.(ADOPTED, 6-0; A-84165) Attachment (134K) 26) 06R-240 Reappointing Kathy Campbell to the Lincoln Electric System Administrative Board for a three- year term expiring December 31, 2009. (ADOPTED,6-0; A-84166) - END CONSENT AGENDA - - END PUBLIC HEARING - ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 27 THRU 32 HAD 1ST READING) 27) 06-211 Approving a two-year lease agreement between the City and Frontier Harley Davidson Inc. for six police motorcycles. Attachment (280K) 28) 06-212 Change of Zone 04086 - Application of SCMH, LLC for a change of zone from AGR Agricultural District to R-3 Residential District on property generally located at S. 56th Street and Cumberland Drive. Fact Sheet (267K) 29) 06-215 Change of Zone 06079 - Amending Section 27.65.075 of the Lincoln Municipal Code relating to Community Unit Plan in the BTA Overlay District to revise the requirement for the future development plan for the Acreage Development component. Fact Sheet (71K) 30) 06-213 Change of Zone 06072 - Application of Rezac- Pickering-Williams for a change of zone from AG Agricultural District to AGR Agricultural Residential District on property generally located at the southwest corner of S.W. 27th Street and W. Denton Road. Fact Sheet (534K) 31) 06-214 Change of Zone 06078 - Application of Enterprise Company, Inc. for a change of zone from R-4 Residential District to B-1 Local business District on property generally located at N. 46th Street and Q Street. Fact Sheet (438K) 32) 06-216 Vacating the Fairway Park Addition plat generally located at N. 27th Street and Theresa Street. Fact Sheet (303K) ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 33) 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.(PASSED, 6-0; #18860) Fact Sheet (181K) 34) 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.(PASSED, 6-0; #18861) Fact Sheet (131K) 35) 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.(PASSED, 5-0; ESCHLIMAN ABSTAINED; #18862) Fact Sheet (216K) PENDING LIST - DATE CERTAIN 36) 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. (12/11/06 - Public Hearing & Action con't. to 1/8/07) Fact Sheet (58K) Attachment (73K) 37) 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. (12/11/06 - Public Hearing & Action con't. to 1/29/07) Fact Sheet (406K) PENDING LIST (EXTENDED ONE WEEK) 38) 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) 39) 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) 40) 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) 41) 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) 42) 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, JANUARY 8, 2007 AT 1:30 P.M.: (APPROVED, 6-0) 43) 06R-242 Approving a two-year contract between the Nebraska Department of Health and Human Services Finance and Support System and the Lincoln-Lancaster County Health Department for the Medicaid Access to Care Program. (REMOVED TO BE INTRODUCED AT A LATER DATE, 6-0) 44) 06R-243 Misc. 06017 - Declaring the Van Dorn Redevelopment Area as blighted and substandard generally along 10th Street from Hill Street to south of Calvert Street. Fact Sheet (777K) Attachment (5370K) 45) 06R-244 Reappointing Gerard R. Finnegan, Jr. to the Police & Fire Pension Plan Investment Board for a three- year term expiring September 1, 2009. 46) 06R-245 Appointing W. Cecil Steward to the Nebraska Capitol Environs Commission for a three-year term expiring January 9, 2009. 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 (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 3:10 P.M. ANNOUNCEMENTS: Open microphone sessions for January are the 8th (1:30 p.m.and the 29th (5:30 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 ***