City of Lincoln
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ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD MONDAY, OCTOBER 20, 2014 AT 3:00 P.M. ALL MEMBERS PRESENT GATEWAY STATION POST OFFICE PROJECT PRESENTATION - RUSS RAINEY & KERRY KOWALSKI, UNITED STATES POSTAL SERVICE 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) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by the City Council on October 6, 2014. (PLACED ON FILE) 2) Clerk's Letter and Mayor's Approval of Resolutions A-88579 adopted by the City Council on October 13, 2014 and presented to the Mayor on August 14, 2014. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 3) Setting the hearing date of Mon., Nov. 3, 2014 at 3:00 p.m. on the Manager Application of Christeen M. Jackson for HCF Taco Co #1 dba Fuzzy's Taco Shop at 1442 O St. (ADOPTED, 7-0; A-88582) 4) Setting the hearing date of Mon., Nov. 3, 2014 at 3:00 p.m. on the Manager Application of Marvin Schumacher for Sam's West Inc dba Sam's Club 4873 at 8480 Andermatt Dr. (ADOPTED, 7-0; A-88583) 5) Setting the hearing date of Mon., Nov. 3, 2014 at 3:00 p.m. on the Manager Application of Chad Parker for Sam's West Inc dba Sam's Club 6413 at 4900 N. 27th St. (ADOPTED, 7-0; A-88584) 6) Setting the hearing date of Mon., Nov. 3, 2014 at 3:00 p.m. on the Application of Janelli Sanchez Vargas dba Cielito Lindo for a Retail Class I Liquor License at 100 N. 1st St., Suite 1. (ADOPTED, 7-0; A-88585) 7) Setting the hearing date of Mon., Nov. 3, 2014 at 3:00 p.m. on the Application of Rupert Enterprises LLC dba T's Stop & Shop for a Retail Class B Liquor License at 2801 O St. (Formerly Git N Split). (ADOPTED, 7-0; A-88586) 8) Setting the hearing date of Mon., Nov. 3, 2014 at 3:00 p.m. on the Application of MG Enterprises LLC dba The Alley for a Retail Class C Liquor License at 1031 M Street. (ADOPTED, 7-0; A-88587) 9) Setting the hearing date of Mon., Nov. 3, 2014 at 3:00 p.m. on the Application of MLogic Holdings LLC dba Tilted Kilt Pub & Eatery for the addition of an outdoor area (sidewalk cafe) measuring approx. 37' x 47' at 6100 O St. (ADOPTED, 7-0; A-88588) 10) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment No. 13035, to Special Permit No. 06030, Charleston Heights, approved by the Planning Director on October 8, 2014, requested by Olsson Associates, to revise the lot and street layout,increase the number of single family lots, and decrease the number of single family attached lots, on property generally located at N. 14th Street and Humphrey Avenue. Administrative Amendment No. 14069, to Special Permit No. 14069, Van Dorn Meadow Community Unit Plan, approved by the Planning Director on October 8, 2014, requested by Olsson Associates, to adjust the front yard setback for Lots 13 and 14, Block 2 (3220 and 3232 Sherman Place) from 20 feet to 17 feet, on property generally located at South 70th and Van Dorn Streets. Administrative Amendment No. 14071, to Special Permit No. 1790A, Longview 1st Addition, approved by the Planning Director on October 8, 2014, requested by E-S-P, to reduce the side yard setback from 15 feet to 5 feet along the south lot line of Lot 16, Block 1 (4611 W. High Ridge Place), on property generally located at S.W. 48th Street and Van Dorn Street. 11) MISCELLANEOUS REFERRALS - NONE - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 12) Application of Boulevard 333 LLC dba Boulevard Bistro for a Class CK liquor license at 333 N. Cotner Blvd.(ADOPTED FOR APPROVAL, 7-0; A-88589) 13) Manager application of Abdel-karim Chhibbane for Boulevard 333 LLC dba Boulevard Bistro at 333 N. Cotner Blvd. (ADOPTED FOR APPROVAL, 7-0; A-88590) 14) Application of Ploughshare Brewing Co. LLC dba Ploughshare Brewing Co. for a Class L liquor license at 1630 P Street. (ADOPTED FOR APPROVAL, 7-0; A-88591) 15) Manager application of Matt Stinchfield for Ploughshare Brewing Co. LLC dba Ploughshare Brewing Co. at 1630 P Street. (ADOPTED FOR APPROVAL, 7-0; A-88592) 16) Manager application of Douglas Litz for The Old Pub LLC dba The Old Pub at 420 S. 11th Street. (ADOPTED FOR APPROVAL, 7-0; A-88593) 17) Manager application of Kevin Reynolds for BDF, LLC dba Captain Jacks at 140 N. 12th Street. (ADOPTED FOR APPROVAL, 7-0; A-88594) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 18 THRU 19 HAD 2ND READING) 18) 14-134 Annexation 14005 - Amending the Lincoln Corporate Limits Map by annexing approximately 39 acres of property generally located at S.W. 56th St. and W. O St. (Related Items 14-134, 14-135) Fact Sheet (3419K) Attachment (2667K) 19) 14-135 Change of Zone 14026 - Application of
R & DD & R Development for a change of zone from AG Agricultural District to I-1 Industrial District and H-3 Highway Commercial District on property generally located at S.W. 56th St. and W. O St. (Related Items 14-134, 14-135) Fact Sheet (1907K) PUBLIC HEARING - RESOLUTIONS 20) 14R-262 Approving ECKK Inc. dba Kelli's Pub as a Keno satellite site at 1318 N. 66th Street. (ADOPTED, 7-0; A-88595) Fact Sheet (54K) 21) 14R-263 Misc. 14002 - Approving the First Amendment to Protective Covenants for Lots 1, 6, 7, 8, 9, 10, 11,and 12, Block 4, Eastmont Second Addition to allow modifications to setbacks, parking requirements, building floor area, landscape screening, and relocation of the sidewalks on property generally located at 6201 O Street. (ADOPTED, 7-0; A-88596) Fact Sheet (3603K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 22) 14-131 Amending Title 10 of the Lincoln Municipal Code relating to Vehicles and Traffic to add and clarify provisions and penalties relating to violations of snow emergency parking bans by amending Section 10.06.110 to clarify the authority of Parking Control Officers to issue citations relating to snow emergency parking violations pursuant to Chapters 10.40 and 10.41; amending Section 10.06.120 to provide that a person accused of parking in violation of a snow removal district parking ban may waive arraignment and their right to a hearing and pay a designated sum; amending Section 10.40.120 to delete a reference to an obsolete section; and amending Section 10.41.110 to add a reference to the penalty section in Section 10.06.120. (PASSED, 7-0; #20100) Fact Sheet (74K) 23) 14-132 Approving a Real Estate Purchase Agreement between the City of Lincoln and NEBCO, Inc. authorizing the sale of City owned property located at 901 N. 6th Street. (MTA #1 ADOPTED, 7-0; PASSED AS AMENDED #20101) Fact Sheet (11K) Attachment (428K) Motion To Amend (7K) 24) 14-133 Approving a Real Estate Sales Agreement between the City of Lincoln and NEBCO, Inc. dba Western Sand & Gravel authorizing the sale of approximately 8.46 acres of City owned property generally located in the Lincoln Water System Well Fields adjacent to the sand and gravel operation in Saunders County. (PASSED, 7-0; #20102) Fact Sheet (91K) Attachment (4548K) "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 25 THRU 27 HAD 1ST READING) 25) 14-136 Amending Section 2.42-040 of the Lincoln Municipal Code relating to the Divisions of the Urban Development Department to restrict the authority of the Urban Development Department by requiring that any acquisition of residential property having value exceeding $50,000.00 for which the source of funding is Community Improvement Financing be approved by resolution of the City Council. Fact Sheet (62K) 26) 14-137 Amending Title 1 of the Lincoln Municipal Code relating to General Provisions to create a new Chapter 1.30, Sale of City Real Property. Fact Sheet (75K) 27) 14-138 Text Amendment 14013 - Amending Section 27.63.160 of the Lincoln Municipal Code relating to Special Permits for Excavation and Stone Milling to allow stone milling as an accessory use to an excavation operation and to eliminate stone milling as a separate permitted use. Fact Sheet (77K) RESOLUTIONS - 1ST READING (ITEMS 28 THRU 30 HAD 1ST READING) 28) 14R-265 Approving Red Strike Inc. dba Sun Valley Lanes as a Keno satellite site at 321 Victory Lane. Fact Sheet (57K) 29) 14R-266 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of October 1-15, 2014. Fact Sheet (10K) Attachment (25K) 30) 14R-267 Comp. Plan Conformance 14019 - Approving an amendment to the Lincoln Center Redevelopment Plan to add the "A&P II Redevelopment Project" for the redevelopment of the Ambassador and President apartment buildings generally located at the northwest corner of S. 14th Street and Lincoln Mall. Fact Sheet (5327K) Attachment (1820K) PENDING LIST - DATE CERTAIN - NONE PENDING LIST (EXTENDED ONE WEEK) 31) 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 (13K) Attachment (134K) 32) 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) 33) 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) 34) 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) 35) 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)(7/21/14 - Placed on Pending, No Date Certain) Fact Sheet (115K) Attachment (866K) 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 OCTOBER, OPEN MICROPHONE SESSIONS WILL BE HELD ON OCTOBER 13TH & 27TH. ADJOURNMENT 3:39 P.M. UPCOMING HEARINGS Hearing date of Mon., Oct. 27, 2014 at 5:30 p.m. on the Application of PRA Inc dba Misty's Steakhouse & Brewery for a deletion to their sidewalk caf? area at 200 N. 11th St. Hearing date of Mon., Oct. 27, 2014 at 5:30 p.m. on the Application of TPG Holdings Inc dba The Hot Mess for an addition of an outdoor area measuring approx. 5' x 14' to the east at 408 S. 11th St. *** The Lincoln City Council meetings at 3 p.m. Mondays except for holidays. One meeting a month, usually the last one, begins at 5:30 p.m. All meetings are aired live on 5 CITY-TV. They are re-aired on Saturdays at 1 p.m. Time Warner Cable (TWC) customers with a digital cable box or digital adapter can watch the meetings on TWC channel 5. If your television has a built-in digital cable tuner (QAM), you will find the meetings on channel 71.14. The meetings are also streamed live on the Internet and available later through video-on-demand at lincoln.ne.gov (click on the 5 CITY-TV icon). *** 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.