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Formal Agenda


      ACTION FROM THE  REGULAR  CITY  COUNCIL  MEETING  HELD
                    MONDAY,  JULY 14, 2014  AT 3:00 P.M.

ALL MEMBERS PRESENT.
PUBLIC HEARING - CONSENT AGENDA Anyone wishing to address an item on the Consent Agenda may do so at this time REPORTS OF CITY OFFICERS 1) 14R-176 Approving an Interlocal Agreement between the Nebraska Department of Administrative Services and the City of Lincoln and Lancaster County for the purpose of providing and procuring printing services and subsequent mailing services for a four year term with the option to renew for one additional four year term. (AMENDED TO ACCEPT A SUBSTITUTE AGREEMENT, 7-0; ADOPTED AS AMENDED, 7-0; A-88373) Fact Sheet (66K) Attachment (143K) 2) 14R-181 Approving a Contract Agreement between the City of Lincoln, Lancaster County, the Lincoln-Lancaster County Public Building Commission, and NCS, Inc., NMC, Inc. and Hamilton Equipment Co. for the annual requirements for Equipment and Accessory Rental, pursuant to Bid No. 14-137, for a three year term with the option to renew for one additional three year term. (ADOPTED, 7-0; A-88374) Fact Sheet (69K) Attachment (15352K) 3) 14R-182 Approving a Contract Agreement between the City of Lincoln and Veolia Technical Solutions, LLC to provide waste disposal for the Lincoln Lancaster County Health Department, through cooperative purchasing with the University of Nebraska Waste Disposal Contract, for a two year term with the option to renew for three additional one year terms. (ADOPTED, 7-0; A-88375) Fact Sheet (68K) Attachment (1455K) 4) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by the City Council on June 23, 2014. (Placed on File) 5) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by the City Council on June 30, 2014. (Placed on File) 6) Lincoln Airport Authority Resolution No. 588 stating that no tax levy should be made for Airport purposes for the Fiscal Year Beginning July 1, 2014. This being the 28th consecutive year no levy is required for the coming year. (Placed on File) 7) Resolution approving the distribution of funds representing interest earnings on short-term investments of idle funds during the month ended April 30, 2014. (ADOPTED, 7-0; A-88376) PETITIONS & COMMUNICATIONS 8) Setting hearing date of Mon., July 28, 2014 at 5:30 p.m. on the Application of Mo Chara LLC dba McFarland & Son's for a Class C Liquor License at 710 P St. (ADOPTED, 7-0; A-88377) 9) REFERRED TO THE PLANNING DEPARTMENT: Change of Zone 14018 - Requested by Matson- Mangum, LLC, from O-2 Suburban Office to B-1 Local Business on property located at S. 48th St. & Normal Blvd., i.e. 2330 S. 47th St. & 2301 S. 48th St. 10) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment 14036 to Special Permit No. 10005A, requested by Camp Sonshine, approved by the Planning Director on June 25, 2014, to include an additional dwelling unit associated with the recreational facility and to update the legal description, on property generally located at S. 25th St. & Bennet Rd. Administrative Amendment 14031 to Special Permit No. 06022, requested by John Hendricks, approved by the Planning Director on July 1, 2014, to show an additional garden center building and two storage buildings, and to add a second access to the site, on property generally located at S. 14th St. and Saltillo Rd. 11) MISCELLANEOUS REFERRALS - NONE - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 12) Application of Salt Valley Spirits LLC dba Salt Valley Spirits for a Class Z liquor license at 500 W. South Street, Suite 8. (PUBLIC HEARING & ACTION CONT'D FOR 1 WEEK TO 7/21/14, 7-0.) 13) Manager application of Brian C. Podwinski for Salt Valley Spirits LLC dba Salt Valley Spirits at 500 W. South Street, Suite 8. (PUBLIC HEARING & ACTION CONT'D FOR 1 WEEK TO 7/21/14, 7-0.) 14) Application of Zipline Brewing Co. for a Class AB and K liquor license at 2100 Magnum Circle, Suite 1. (ADOPTED FOR APPROVAL, 7-0; A-88378) 15) Manager application of Marcus A. Powers for Zipline Brewing Co. at 2100 Magnum Circle, Suite 1. (ADOPTED FOR APPROVAL, 7-0; A-88379) 16) Application of ALDI, Inc. dba ALDI #27 for a Class D liquor license at 8701 S. 28th Street.(ADOPTED FOR APPROVAL, 7-0; A-88380) 17) Manager application of Lisa Meierhoff for ALDI, Inc. dba ALDI #27 at 8701 S. 28th Street. (ADOPTED FOR APPROVAL, 7-0; A-88381) 18) Application of ALDI, Inc. dba ALDI #25 for a Class D liquor license at 8350 O Street.(ADOPTED FOR APPROVAL, 7-0; A-88382) 19) Manager application of Lisa Meierhoff for ALDI, Inc. dba ALDI #25 at 8350 O Street.(ADOPTED FOR APPROVAL, 7-0; A-88383) 20) Application of TP Lincoln, LLC dba Twin Peaks for a Class I and K liquor license at 800 Q Street.(ADOPTED FOR APPROVAL, 7-0; A-88384) 21) Manager application of Jon G. Olsen for TP Lincoln, LLC dba Twin Peaks at 800 Q Street.(ADOPTED FOR APPROVAL, 7-0; A-88385) 22) Manager application of Joshua Gilbert for Hinky Dinky Supermarkets, Inc. dba Sun Mart #731 at 2600 S. 48th Street, Suite 8. (ADOPTED FOR APPROVAL, 7-0; A-88386) 23) Manager application of Joshua Gilbert for Hinky Dinky Supermarkets, Inc. dba Sun Mart #738 at 2145 South 17th Street.(ADOPTED FOR APPROVAL, 7-0; A-88387) 24) Application of James Arthur Vineyards LLC dba JAV Tasting Outlet/From Nebraska Gift Shop to expand its existing Class YC liquor license at 803 Q Street to include an irregular shaped outdoor area measuring approximately 80 feet by 12 feet by 18 feet.(ADOPTED FOR APPROVAL, 7-0; A-88388) 25) Application of GNS Corp. dba Cappy's for a special designated license to cover an area measuring approximately 175 feet by 155 feet at Lincoln Racquet Club, 5300 Old Cheney Road on July 18, 2014 from 6:00 p.m. to 12:00 a.m.(ADOPTED FOR APPROVAL, 7-0; A-88389) 26) Application of Lincoln Children's Zoo for a special designated liquor license to cover an area measuring approximately 1500 ft. by 400 ft. in Zooville Square in the Lincoln Children's Zoo, 1222 S. 27th Street on July 19, 2014 from 5:30 p.m. to 12:00 a.m.(ADOPTED FOR APPROVAL, 7-0; A-88390) 27) Application of Old Federal Place LLC dba Grand Manse for a special designated license for an area measuring 178 feet by 137 feet at 129 North 10th Street on August 14, 2014 from 8:00 a.m. to 2:00 a.m. (ADOPTED FOR APPROVAL, 7-0; A-88391) 28) Application of Old Federal Place LLC dba Grand Manse for a special designated license for an area measuring 28 feet by 260 feet at 129 North 10th Street on August 30, September 6, September 20, September 27, October 25, November 1, and November 22, 2014 from 8:00 a.m. to 2:00 a.m. (ADOPTED FOR APPROVAL, 7-0; A-88392) 29) Application of Old Federal Place LLC dba Grand Manse Pavilion for a special designated license for an area measuring 58 feet by 77 feet at 100 North 9th Street on August 30, September 27, October 25, and November 1, 2014 from 8:00 a.m. to 2:00 a.m.(ADOPTED FOR APPROVAL, 7-0; A-88393) 30) Application of Lincoln Pub Group dba N Zone for a special designated license for an area measuring 80 feet by 60 feet at 728 and 728 1/2 Q Street on August 30; September 6, 20, 27; October 25; November 1, and 22, 2014 from 8:00 a.m. to 12:00 a.m.(ADOPTED FOR APPROVAL, 7-0; A-88394) 31) Application of Henry Mac LLC dba Henry's on South for a special designated license to cover an area measuring approximately 20 feet by 30 feet at 2110 Winthrop Road on August 30, September 6, and 20, 2014 from 12:00 p.m. to 5:00 p.m.(ADOPTED FOR APPROVAL, 7-0; A-88395) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 32 THRU 36 HAD 2ND READING) 32) 14R-178 Approving the PCE Phase 2 Redevelopment Agreement between PCE, Inc. and the City of Lincoln relating to the redevelopment of the properties generally located at 1711, 1735 and 1801 Yolande Ave. for construction of approximately 87,500 square feet of office, manufacturing and warehouse space. (Related Items: 14R-178, 14R-179, 14-78) (Action Date: 7/21/14) Fact Sheet (90K) Attachment (729K) 33) 14R-179 Amending the FY 13/14 CIP to authorize and appropriate $1,426,000 in TIF funds for the PCE - Phase 2 Project on property generally located at 1711, 1735 and 1901 Yolande Ave. (Related Items: 14R-178, 14R-179, 14- 78) (Action Date: 7/21/14) Fact Sheet (64K) 34) 14-78 Authorizing the issuance of PCE - Phase 2 Project Tax Allocation Bonds in an amount not to exceed $1,250,000. (Related Items: 14R-178, 14R-179, 14-78) Fact Sheet (105K) 35) 14-79 Approving a Property Purchase and Sale Agreement between the City of Lincoln and Lincoln Public Schools to sell 25.73 acres of Jensen Park Property for a new middle school and YMCA generally located at the southeast corner of 84th Street and Yankee Hill Road. Fact Sheet (149K) Attachment (2795K) Motion To Amend (4175K) 36) 14-80 Approving a Conduit System Lease Agreement between the City of Lincoln and Unite Private Networks LLC for the use of space in the City's underground conduit generally located at 8th and R Streets for a five year term. Fact Sheet (10K) Attachment (2327K) PUBLIC HEARING - RESOLUTIONS 37) 14R-177 Approving an Interlocal Agreement between the City of Lincoln and Lancaster County on behalf of Lancaster County Corrections Community Service Program to conduct roadside litter pickup along county roads by inmates and to provide supervision of the inmates for a term of July 1, 2014 through no longer than December 31, 2014.(ADOPTED FOR APPROVAL, 7-0; A-88396) Fact Sheet (63K) Attachment (357K) PUBLIC HEARING ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 38) 14-65 Approving a Real Estate Sales Agreement for the sale of approximately 9.37 acres of surplus property generally located at 2201 S. 84th St. to the Lincoln Housing Authority. (Related Items: 14-66, 14-65, 14-67, 14R-161) (6/23/14 - Action delayed for 2 weeks to 7/14/14 w/ Cont'd P.H.) (PUBLIC HEARING & ACTION DELAYED UNTIL 8/18/14, 7-0) Fact Sheet (84K) Attachment (918K) 39) 14-67 Change of Zone 14012 - Application of the Lincoln Housing Authority for a change of zone from R-1 Residential District and P Public Use District to R-3 Residential District and from R-1 Residential District to P Public Use District on property generally located at S. 84th St. and South St. (Related Items: 14-66, 14-65, 14-67, 14R- 161) (6/23/14 - Action delayed for 2 weeks to 7/14/14 w/ Cont'd P.H.) (PUBLIC HEARING & ACTION DELAYED UNTIL 8/18/14, 7-0) Fact Sheet (3609K) Attachment (440K) 40) 14R-161 Special Permit 14009 - Application of Lincoln Housing Authority to develop the Lincoln Housing Authority 84th St. Site Community Unit Plan for 72 dwelling units, with a requested waiver to allow more than 40 dwelling units on a dead end street, on property generally located at S. 84th St. and South St. (Related Items: 14-66, 14-65, 14-67, 14R-161) (Action Date 6/23/14) (6/23/14 - Action delayed for 2 weeks to 7/14/14 w/ Cont'd P.H.) (PUBLIC HEARING & ACTION DELAYED UNTIL 8/18/14, 7-0) Fact Sheet (6150K) Attachment (344K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 41) 14-76 Annexation 14003 - Amending the Lincoln Corporate Limits Map by annexing approximately 34 acres generally located at S. 63rd St. and Yankee Hill Rd. (Related Items: 14-76, 14-77) (PASSED, 7-0; #20046) Fact Sheet (4370K) Attachment (622K) 42) 14-77 Change of Zone 04075E - Amending the Village Gardens Planned Unit Development by expanding the boundary by approximately 34 acres; for a change of zone from AG Agricultural District to R-3 Residential District PUD; for a Planned Unit Development District designation of said property; and for a development plan which proposes modifications to the Zoning Ordinance and Land Subdivision Ordinance to allow an elderly and retirement housing facility and an additional 92 single-family dwelling lots on the underlying R-3 zoned area, on property generally located at S. 63rd St. and Yankee Hill Rd. (Related Items: 14-76, 14-77) (PASSED, 7-0; #20047) Fact Sheet (46K) Attachment (1712K) 43) 14-75 Approving a Lease Agreement between the City of Lincoln and Lobo's City Mex, Inc. for the lease of property generally located at 344 N. 27th St. for a two year term. (6/30/14 - Held over 2 weeks to 7/14/14 due to lack of required majority vote; ASSENTING: Emery, Eskridge, Fellers; DISSENTING: Camp, Christensen; ABSENT: Cook, Gaylor Baird) (ACTION DELAYED 1 WEEK TO 7/21/14, 7-0) Fact Sheet (115K) Attachment (866K) "Ordinances - 1st Reading" & "Resolutions - 1st Reading" are on Agenda for Advance Notice Only Public Hearing will occur on Second Reading ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)(ITEMS 44 & 45 HAD 1ST READING) 44) 14-81 Change of Zone 14016 - Application of Hoogland Foods for a change of zone from O-2 Office District to B-1 Business District on property generally located at North 70th Street and Adams Street. Fact Sheet (1115K) 45) 14-82 Authorizing the issuance of tax allocation bonds with a total not to exceed $143,897.00 for the City of Lincoln, Kiechel Art Gallery, 1208 O Street Redevelopment Project. RESOLUTIONS - 1ST READING (ITEMS 46 THRU 55 HAD 1ST READING) 46) 14R-180 Approving an Agreement between the City of Lincoln and the Lower Platte South Natural Resources District to transfer the use of two wells, associated monitoring wells and a reservoir located in the former Antelope Valley wellfield to Lower Platte South Natural Resources District to be used for low flow augmentation of Antelope Creek for a term of one hundred years. Fact Sheet (69K) Attachment (691K) 47) 14R-183 Appointing Jeff Johnson to the Electrical Advisory, Appeals, and Examining Board for a term expiring July 15, 2017. (Consent) Attachment (80K) 48) 14R-184 Appointing Sgt. Ryan Dale to the City Personnel Board for a term expiring June 22, 2019. (Consent) Attachment (73K) 49) 14R-185 Approving a Contract Agreement between the City of Lincoln and Dickey & Burham, Inc. for the annual requirements for snow and ice removal for the Ashland Water Treatment Plant, pursuant to Quote 4837, for a four year term. (Consent) Fact Sheet (65K) Attachment (2264K) 50) 14R-186 Special Permit 14014 - Application of A. Michael Alesio to allow a parking lot in the R-6 Residential District on property generally located at South 47th Street and Cooper Avenue with a request to waive the front yard setback to 6 feet along Cooper Avenue and 11 feet along South 47th Street and a side yard setback reduction to 0 feet along the east property line. Fact Sheet (3371K) 51) 14R-187 Approving the Fiscal Year 2014 Action Plan: One Year Use of Funds for HUD Entitlement Programs. Fact Sheet (85K) Attachment (751K) Attachment (266K) 52) 14R-188 Approving Rena, Inc. dba The Foxy as a Keno satellite site at 1823 O Street. Fact Sheet (48K) 53) 14R-189 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of June 16 - 30, 2014. Fact Sheet (10K) Attachment (23K) 54) 14R-190 Approving the 2014-15 Work Plan for the Interlocal Agreement on Stormwater Management between the City of Lincoln and the Lower Platte South Natural Resources District to address stormwater quality and quantity issues. Fact Sheet (53K) Attachment (259K) 55) 14R-191 Reappointing Kathy McKillip to the Lincoln City Library Board for a seven year term expiring August 31, 2021. (Consent) PENDING LIST - DATE CERTAIN - NONE PENDING LIST (EXTENDED ONE WEEK) 56) 07-73 Amending Title 20 of the Lincoln Municipal Code, the Building Code, by adding a new Chapter 20.02, entitled Neglected Building Registration, to require registration of neglected, deteriorated and/or abandoned buildings, to require the filing of plans for restoration or demolition of abandoned buildings, and to establish penalties for violations thereof. (5/7/07 - Placed on Pending, No Date Certain) Fact Sheet 57) 13-108 Creating Special Assessment Re-Paving District No. 158 for the purpose of reconstructing portions of 66th St., Almira Lane, Marcus Rd., and Anns Ct. within the Country Meadows Homeowners Association Boundaries, and assessing the costs thereof against the benefitted properties. (10/7/13 - Action Delayed with Cont'd P.H. for 3 Weeks to 10/28/13) (10/21/13 - Action delayed with Cont'd P.H. to 11/4/13) (10/21/13 - Action delayed with Cont'd P.H. to 12/9/13) (11/25/13 - Placed on Pending, No Date Certain) Fact Sheet Attachment (1111K) 58) 14-15 Change of Zone No. 13029 - Application of US Properties for a change of zone from AGR Agricultural Residential District to H-3 Highway Commercial District on property generally located at Eiger Drive and Nebraska Highway 2. (Related Items: 14-15, 14R-48) (2/10/14 - Placed on Pending, No Date Certain) Fact Sheet (2736K) 59) 14R-48 Special Permit No. 13060 - Application of Silver Office - Oakview LLC to allow a campground for 13 camp sites on property generally located at Eiger Drive and Nebraska Highway 2. (Related Items: 14-15, 14R-48) (2/10/14 - Placed on Pending, No Date Certain) Fact Sheet (2814K) 60) 14R-155 Approving an Interlocal Master Facility Use Agreement between Lincoln Public Schools and the City of Lincoln establishing an equitable method for sharing costs associated with shared use of facilities managed by each of the parties. (6/9/14 - Public Hearing & Action cont'd 2 weeks to 6/23/14) (6/23/14 - Placed on Pending, No Date Certain (to have cont'd P.H.)) Fact Sheet (70K) Attachment (872K) 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. INDIVIDUALS ARE ALLOWED A TOTAL OF 5 MINUTES TO SPEAK REGARDLESS OF THE NUMBER OF TOPICS. FOR THE MONTH OF JULY, OPEN MICROPHONE SESSIONS WILL BE HELD ON JULY 14TH & 28TH. ADJOURNMENT 4:33 P.M. *** The City Council Meeting, which is broadcast live at 3:00 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 Timewarner Digital Cable Channel 5 or Basic Cable Channel 71-14 and it is streamed live at lincoln.ne.gov. *** The City Council Agenda and Action Sheet may be accessed on the Internet at: lincoln.ne.gov *** ACCOMMODATION NOTICE The City of Lincoln complies with Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973 guidelines. Ensuring the public's access to and participating in public meetings is a priority for the City of Lincoln. In the event you are in need of a reasonable accommodation in order to attend or participate in a public meeting conducted by the City of Lincoln, please contact the Director of Equity and Diversity, Lincoln Commission on Human Rights, at (402) 441-7624 as soon as possible before the scheduled meeting date in order to make your request.

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