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Formal Agenda


ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, JULY 21, 2014 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT EMERY.
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF MAY, 2014 PRESENTED TO LUKE BONKIEWICZ, POLICE OFFICER FOR THE OPERATIONS DIVISION OF THE POLICE DEPARTMENT IN THE CATEGORIES OF CUSTOMER RELATIONS & PRODUCTIVITY.
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-183 Appointing Jeff Johnson to the Electrical Advisory, Appeals, and Examining Board for a term expiring July 15, 2017.(ADOPTED, 6-0; A-88397) Attachment (80K) 2) 14R-184 Appointing Sgt. Ryan Dale to the City Personnel Board for a term expiring June 22, 2019. (ADOPTED, 6-0; A-88398) Attachment (73K) 3) 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. (ADOPTED, 6-0; A-88399) Fact Sheet (65K) Attachment (2264K) 4) 14R-191 Reappointing Kathy McKillip to the Lincoln City Library Board for a seven year term expiring August 31, 2021. (ADOPTED, 6-0; A-88400) 5) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by the City Council on June 30, 2014. (Placed on File) PETITIONS & COMMUNICATIONS 6) REFERRED TO THE PLANNING DEPARTMENT: Text Amendment 14006, request of Robert Weigel, amending Title 27 of the LMC by amending the Retail Sales & Services Use Group Table in Sec. 27.06.130 to show veterinary facilities as a permitted conditional use in the O-1, O-2, O-3, & R-T zoning districts; amending Sec. 27.62.100 to allow kennels and/or veterinary facilities in those zoning districts where such use is designated as a permitted conditional use under a Use Group Table in Chapter 27.06; repealing Sec. 27.63.780, Outdoor Exercise Area Associated with a Veterinary Facility or Kennel: amending Sec. 27.63.790 to clarify that veterinary facilities are allowed as a permitted special use in the AG and AGR districts & that veterinary facilities and/or kennels which do not comply with the requirements for a permitted conditional use under Sec. 27.62.100 may be allowed by special permit under specified conditions; and repealing Secs. 27.06.130, 27.62.100, and 27.63.790 of the LMC as hitherto existing. Change of Zone 07018A, requested by REGA Engineering Group, Inc., for an amendment to the Glynoaks Plaza Planned Unit Development, to revise the internal layout to allow an Early Childhood Care Facility, and for approval of a development plan which proposes modifications to the Zoning Ordinance, Land Subdivision Ordinance and Design Standards, on property legally described as Outlot C, Glynoaks Plaza Addition, located in the E 1/2 of Section 10-9-7, Lancaster County, Nebraska, generally located at South 84th Street and Glynoaks Drive. Special Permit 14018, requested by Ms. Shawn Fitzgerald, for the expansion of a nonconforming use, to allow the reconstruction of an existing detached garage on property legally described as the west 54 feet of Lot 16, Block 3, East Lincoln, located in the NW 1/4 of Section 30-10-7, Lincoln, Lancaster County, Nebraska, generally located at South 27th and M Street (2727 M Street). The Planning Commission action is final, unless appealed to the City Council. 7) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment 14038 to Use Permit 89C, requested by Olsson Associates, approved by the Planning Director on July 10, 2014, to reduce the front yard setbacks from 50 feet to 20 feet along Pine Lake Rd., S. 14th St. and S. 16th St., on property generally located at S. 14th St. and Pine Lake Rd. Administrative Amendment 14039 to Use Permit 98A, requested by Olsson Associates, approved by the Planning Director on July 10, 2014, to reduce the front yard setbacks from 50 feet to 20 feet along Pine Lake Rd. and S. 27th St., and to reduce the setback along the south property line from 50 feet to 20 feet since the adjacent property is no longer zoned residential, on property generally located at the southwest corner of S. 27th St. and Pine Lake Rd. Administrative Amendment 14044 to Preliminary Plat 06004, Wilderness Hills, requested by Lincoln Federal Bancorp, approved by the Planning Director on July 14, 2014, to adjust the grading plan to remove Lots 1 thru 8, Block 19, from the floodplain and adjust Note #19 to reflect that a LOMR-F shall be required, on property generally located at S. 27th St. and Rokeby Rd. 8) MISCELLANEOUS REFERRALS - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 9) Application of Salt Valley Spirits LLC dba Salt Valley Spirits for a Class Z liquor license at 500 W. South Street, Suite 8. (7/14/14 - Public Hearing & Action Cont'd for 1 Week to 7/21/14) (ADOPTED FOR APPROVAL, 6-0; A-88401) 10) Manager application of Brian C. Podwinski for Salt Valley Spirits LLC dba Salt Valley Spirits at 500 W. South Street, Suite 8. (7/14/14 - Public Hearing & Action Cont'd for 1 Week to 7/21/14) (ADOPTED FOR APPROVAL, 6-0; A-88402) 11) Application of One Family LLC dba Alsultan Lounge for a Class C liquor license at 1637 P Street, Suite F. (ADOPTED FOR APPROVAL, 6-0; A-88403) 12) Manager application of Saif Sayah for One Family LLC dba Alsultan Lounge at 1637 P Street, Suite F. (ADOPTED FOR APPROVAL, 6-0; A-88404) 13) Manager application of Amy Dickerson for Lancaster County Agricultural Society dba Lancaster Event Center at 4100 North 84th Street. (ADOPTED FOR APPROVAL, 6-0; A-88405) 14) Application of Lancaster County Agricultural Society dba Lancaster Event Center for a special designated license for an area measuring approximately 50 feet by 550 feet for the Muhlbach Motorsports Complex beer garden, at 4100 North 84th Street on July 31, August 1, 2, 3, 4, 5, 6, 7, 8, and 9, 2014 from 12:00 p.m. to 1:00 a.m. (ADOPTED FOR APPROVAL, 6-0; A-88406) 15) Application of Lancaster County Agricultural Society dba Lancaster Event Center for a special designated license for an area measuring approximately 285 feet by 176 feet for the Super Fair Attractions Zone beer garden, at 4100 North 84th Street on July 31, August 1, 2, 3, 4, 5, 6, 7, 8, and 9, 2014 from 12:00 p.m. to 1:00 a.m. (ADOPTED FOR APPROVAL, 6-0; A-88407) 16) Application of Rhino Dynamics Inc. dba Duffy's Tavern for a special designated license for an area measuring approximately 55 feet by 51 feet at 1412 O Street on July 26, 2014 from 1:00 p.m. to 2:00 a.m. (ADOPTED FOR APPROVAL, 6-0; A-88408) 17) Application of BDF LLC dba Captain Jack's for a special designated license for an area measuring approximately 390 feet by 390 feet in the Fallbrook Town Center at 570 Fallbrook Blvd. on July 26, 2014 from 9:00 a.m. to 11:00 p.m. (ADOPTED FOR APPROVAL, 6-0; A-88409) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 18 & 19 HAD 2ND READING) 18) 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) 19) 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. PUBLIC HEARING - RESOLUTIONS 20) 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. (ADOPTED, 6-0; A-88410) Fact Sheet (69K) Attachment (691K) 21) 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. (ADOPTED, 6-0; A-88411) Fact Sheet (3371K) 22) 14R-187 Approving the Fiscal Year 2014 Action Plan: One Year Use of Funds for HUD Entitlement Programs. (ADOPTED, 6-0; A-88412) Fact Sheet (85K) Attachment (751K) Attachment (266K) 23) 14R-188 Approving Rena, Inc. dba The Foxy as a Keno satellite site at 1823 O Street. (ADOPTED, 6-0; A-88413) Fact Sheet (48K) 24) 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. (ADOPTED, 6-0; A-88414) Fact Sheet (10K) Attachment (23K) 25) 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. (ADOPTED, 6-0; A-88415) Fact Sheet (53K) Attachment (259K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 26) 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) (7/14/14 - Action Delayed 1 Week to 7/21/14) (PLACED ON PENDING, NO DATE CERTAIN; 6-0) Fact Sheet (115K) Attachment (866K) 27) 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) (ADOPTED, 6-0; A-88416) Fact Sheet (90K) Attachment (729K) 28) 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) (ADOPTED, 6-0; A-88417) Fact Sheet (64K) 29) 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) (PASSED, 6-0; 20048) Fact Sheet (105K) 30) 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. (Motion to Amend #1) (MOTION TO AMEND #1 TO ACCEPT SUBSTITUTE AGREEMENT ADOPTED, 6-0; PASSED, 6-0; 20049) Fact Sheet (149K) Attachment (2795K) Motion To Amend (4175K) 31) 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. (PASSED,6-0; 20050) Fact Sheet (10K) Attachment (2327K) "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 32 THRU 37 HAD 1ST READING) 32) 14-69 Creating Paving District 2634 in N.W. 10th Street from W. Dawes Street to S. Belmont Street and assessing the costs thereof against the benefitted properties. Fact Sheet (8K) Attachment (1596K) 33) 14-70 Creating Water District 1207 for the purpose of constructing a 6-inch water main in Goodhue Blvd. from A Street to B Street and assessing the costs thereof against the benefitted properties. Fact Sheet (8K) Attachment (2088K) 34) 14R-194 Approving the 1100 Y Street Redevelopment Agreement between the City of Lincoln and 1100 Y Street, LLC relating to the redevelopment of property generally located at Y Street from 10th Street to 12th Street, and north of Y Street to the existing east-west alley, for construction of a multi-story apartment complex containing approximately 126 units. (Related Items: 14R-194, 14R-195, 14-83, 14-84) Fact Sheet (11K) Attachment (3117K) 35) 14R-195 Amending the FY 13/14 CIP to authorize and appropriate $1,600,000 in TIF funds for the 1100 Y Street Redevelopment Project on property generally located at Y Street from 10th Street to 12th Street, and north of Y Street to the existing east-west alley. (Related Items: 14R-194, 14R-195, 14-83, 14-84) Fact Sheet (10K) 36) 14-83 Authorizing the issuance of Tax Allocation Bonds for the 1100 Y Street Redevelopment Project. (Related Items: 14R-194, 14R-195, 14-83, 14-84) 37) 14-84 Approving a lease between the City of Lincoln and 1100 Y Street, LLC for the use of a City owned parking lot to be used for construction staging during construction of the 1100 Y Street Redevelopment Project. (Related Items: 14R-194, 14R-195, 14-83, 14-84) Fact Sheet (11K) Attachment (20K) RESOLUTIONS - 1ST READING (ITEMS 38 THRU 40 HAD 1ST READING) 38) 14R-192 Approving Downtown Lincoln Association's 2014-2015 Budget and Program of Work for Downtown and West Haymarket Maintenance and Management Business Improvement Districts. Fact Sheet (37K) Attachment (5575K) 39) 14R-193 Special Permit No. 1665C - Application of Chateau Development LLC to amend the Van Dorn Meadows 1st Addition Community Unit Plan to revise the layout from nine single-family lots to 10 two-family dwelling units and a 20 unit multiple-family building on property generally located at Sherman Street and Holmes Park Road. Fact Sheet (457K) Fact Sheet (18472K) Fact Sheet (30432K) 40) 14R-196 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of July 1 - 15, 2014. Fact Sheet (10K) Attachment (20K) PENDING LIST - DATE CERTAIN 41) 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.) (7/14/14 - Public Hearing & Action Delayed until 8/18/14, 7-0) Fact Sheet (84K) Attachment (918K) 42) 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.) (7/14/14 - Public Hearing & Action Delayed until 8/18/14, 7-0) Fact Sheet (3609K) Attachment (440K) 43) 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.) (7/14/14 - Public Hearing & Action Delayed until 8/18/14, 7-0) Fact Sheet (6150K) Attachment (344K) PENDING LIST (EXTENDED ONE WEEK) 44) 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 45) 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) 46) 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) 47) 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) 48) 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 4:15 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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