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Formal Agenda


  ACTION FROM THE  REGULAR  CITY  COUNCIL  MEETING  
    HELD MONDAY, FEBRUARY 23, 2015 AT 5:30 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)            Clerk's Letter and Mayor's Approval of Resolutions and
               Ordinances passed by the City Council on February 2,
               2015.  (PLACED ON FILE)

 2)            Clerk's Letter and Mayor's Approval of Resolutions and
               Ordinances passed by the City Council on February 9,
               2015.  (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 3)            REFERRED TO THE PLANNING DEPARTMENT:
               Change of Zone 05054B, an amendment to the
               Prairie Village North Planned Unit Development (PUD) to
               expand the area of the PUD; for a change of zone from
               AG Agricultural District to R-3 PUD; and for approval
               of amendments to the development plan to allow for an
               additional 155 lots for residential dwelling units, on
               property legally described as a portion of Lot 46,
               I.T., located in the SE1/4 of Section 11-10-7,
               Lancaster County, Nebraska, generally located at North
               90th Street and Adams Street.
               Change of Zone 05061B, to amend the development
               plan of the Southwest Village Planned Unit Development,
               to adjust sign locations and height, on property
               legally described as  that part of Lot 23 NE lying
               north of the creek inside the Lincoln City Limits and
               Lots 20, 21, 24, 25, 27, 29, and 30, I.T., located in
               the NE ¼ of Section 22-9-06; Outlots C and E,
               Southwest Village Addition, and Outlots A and B,
               Southwest Village 1st Addition, located in the SE
               ¼ of Section 15-09-06, Lancaster County, Nebraska,
               generally located at Highway 77 and West Denton Road.
               Pre-Existing Use Permit 3AE, to amend the
               previously approved use permit for a commercial pad
               site at Gateway Mall to align closer with the
               underlying B-5 Planned Regional Business District by
               adjusting the front yard setback; adjusting the sign
               requirements; requiring additional landscaping; adding
               a sidewalk along the mall driveway; and relocating the
               sidewalk along O Street, on property legally described
               as a portion of Lot 266, I.T., located in the SE1/4 of
               Section 21-10-7, Lincoln, Lancaster County, Nebraska,
               generally located at North 66th Street and O Street
               (6414 O Street at Gateway Mall).  The Planning
               Commission action is final, unless appealed to the City
               Council.
               Special Permit 15004, for authority to construct
               a commercial solar energy conversion system (SECS) on
               AG Agriculture zoned property legally described as the
               N1/2 of the NE1/4, and Lots 36 and 37, I.T., located in
               Section 23-10-5, Lancaster County, Nebraska, generally
               located at N.W. 70th Street and W. Holdrege Street. 
               The Planning Commission action is final, unless
               appealed to the City Council.
               Text Amendment 15001, amending Chapters 27.02,
               27.06 and 27.63 of the Lincoln Municipal Code relating
               to the zoning ordinance to allow a Commercial Solar
               Energy Conversion System as a special permitted use in
               the AG District and as a permitted use in the I-1, I-2,
               and I-3 zoning districts by amending Section 27.02.040
               to provide a definition for "Commercial Solar Energy
               Conversion System"; amending Section 27.06.090 to add
               Commercial Solar Energy Conversion System to the
               Utilities Use Group Table; and adding a new section
               numbered 27.63.830 to set forth the conditions for
               permitting a Commercial Solar Energy Conversion System
               in the AG District; and repealing Sections 27.02.040
               and 27.06.090 of the Lincoln Municipal Code as hitherto
               existing.
               Use Permit 15002, for authority to construct a
               multi-family development consisting of four 30-plex
               buildings for a total of 120 dwelling units, including
               an adjustment to the maximum height and the parking
               requirements, on property legally described as Lot 2,
               Highlands Coalition 4th Addition, located in both the
               SE 1/4 of Section 4-10-6 and the SW 1/4 of Section
               3-10-06 Lincoln, Lancaster County, Nebraska, generally
               located at N.W. 12th Street and Isaac Drive.

 4)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 14099 to Final Plat
               No. 06078, Wilderness Hills Commercial 1st
               Addition, approved by the Acting Planning Director on
               February 9, 2015, requested by Engineering Design
               Consultants, for a waiver to extend the time for two
               years to install sidewalks and street trees, on
               property generally located at 27th Street and
               Yankee Hill Road.
               Administrative Amendment No. 15002 to Special
               Permit No. 228A, Capitol Beach, approved by the Acting
               Planning Director on February 5, 2015, requested by
               Stephen Kinsella, to allow a carport in the front yard
               setback, on property generally located at 122 W.
               Lakeshore Drive.
               Administrative Amendment No. 14087 to Final Plat
               No. 04023, Appian Way Regional Center Phase II,
               approved by the Acting Planning Director on February
               10, 2015, requested by Seacrest & Kalkowski, LLC, for a
               waiver to extend the time for two years to install
               sidewalks, on property generally located at
               84th Street and Highway 2.
               Administrative Amendment No. 14088 to Final Plat
               No. 4116, Appian Way Regional Center Phase II
               2nd Addition, approved by the Acting Planning
               Director on February 10, 2015, requested by Seacrest &
               Kalkowski, LLC,for a waiver to extend the time for two
               years to install sidewalks and street trees, on
               property generally located at 84th Street and
               Highway 2.
               Administrative Amendment No. 14089 to Final Plat
               No. 05015, Appian Way Regional Center Phase II
               3rd Addition, approved by the Acting Planning
               Director on February 10, 2015, requested by Seacrest &
               Kalkowski, LLC, for a waiver to extend the time for two
               years to install sidewalks and street trees, on
               property generally located at 84th Street and
               Highway 2.               
               Administrative Amendment No. 14090 to Final Plat
               No. 05016, Appian Way Regional Center Phase II
               4th Addition, approved by the Acting Planning
               Director on February 10, 2015, requested by Seacrest &
               Kalkowski, LLC, for a waiver to extend the time for two
               years to install sidewalks and street trees, on
               property generally located at 84th Street and
               Highway 2.

 5)            Setting the hearing date of Monday, March  9, 2015 at
               3:00 p.m. on the Application of Zipline Brewing Co, LLC
               dba Zipline Brewing Co. holder of a Class I Liquor
               License, for an interior addition at 2100 Magnum Cir.,
               Suite 1.  (ADOPTED, 7-0; A-88771)

 6)            Setting the hearing date of Monday, March  9, 2015 at
               3:00 p.m. on the Application of Holmes Golf Inc. dba
               Holmes Golf Course for a Class C Liquor License at 3701
               S. 70th St.  (ADOPTED, 7-0; A-88772)

 7)  MISCELLANEOUS REFERRALS - NONE

                     - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

 8)            Request of Tiger Inc dba Karma Nightclub to close
               indefinitely under a "hardship status" due to their
               establishment burning down until a new location can be
               found.  (APPROVED, 7-0)

 9)            Application of Asian Buffet Inc. 
               dba Asian Buffet for a Class I liquor license at 5130 North 27th
               Street, Suite 5,6, & 7.  (ADOPTED FOR APPROVAL, 7-0; A-88773)

10)            Manager application of Sheng Hui Dong for Asian Buffet
               Inc. dba Asian Buffet at 5130 North 27th
               Street, Suite 5,6, & 7.  (ADOPTED FOR APPROVAL, 7-0; A-88774)

11)            Manager application of Jerry A. Conkel for RT Omaha
               Franchise, LLC dba Ruby Tuesday at 2700 North Hill
               Road.  (ADOPTED FOR APPROVAL, 7-0; A-88775)

12)            Application of RAAJ Lincoln Lessee LLC dba Holiday Inn
               for a class CK liquor license at 131 North 9th Street.  
               (ADOPTED FOR APPROVAL, 7-0; A-88776)

13)            Manager application of Troy J. Terwilliger for RAAJ
               Lincoln Lessee LLC dba Holiday Inn at 131 North
               9th Street.  (ADOPTED FOR APPROVAL, 7-0; A-88777)

14)            Application of Mahoney Golf Shop dba Mahoney Golf
               Course for a Class IB liquor license at 7900 Adams
               Street.  (ADOPTED FOR APPROVAL, 7-0; A-88778)


PUBLIC HEARING - RESOLUTIONS

15)  15R-33    Accepting the report of new and pending claims against
               the City and approving disposition of claims set forth
               for the period of January 16-31, 2015. (ADOPTED, 7-0; A-88779)  
               Fact Sheet (10K)
               Attachment (68K)

16)  15R-34    Rescinding Resolution No. A-88189 adopted by the City
               Council on April 14, 2014 for the use of public
               right-of-way on the northwest corner of South
               6th Street and L Street for construction of a
               portion of a loading dock ramp. (ADOPTED, 7-0; A-88780)    
               Fact Sheet (87K)
               Attachment (703K)

17)  15R-35    Authorizing the Mayor to execute an Agreement between
               the City of Lincoln and the State of Nebraska
               Department of Roads (NDOR) to accept NDOR fiscal year
               2015 construction program funding of $400,000 for the
               resurfacing of selected State highway links in the City
               of Lincoln.  (ADOPTED, 7-0; A-88781)
               Fact Sheet (28K)
               Attachment (143K)

18)  15R-36    Authorizing the Mayor to execute an Agreement between
               the City of Lincoln and the State of Nebraska
               Department of Roads (NDOR) to accept NDOR fiscal year
               2015 maintenance program funding of $2,330,000 for the
               maintenance resurfacing of selected State highway links
               in the City of Lincoln.  (ADOPTED, 7-0; A-88782)
               Fact Sheet (28K)
               Attachment (182K)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 19 THRU 23 HAD 2ND READING, SEE ITEM 23)

19)  15-27     Authorizing the issuance of general obligation
               refunding bonds of the City in a principal amount
               of not to exceed $6,300,000.00 to refund the
               City's outstanding General Obligation Storm Sewer
               Bonds, Series 2005 and related matters.

20)  15-28     Authorizing the issuance of sanitary sewer revenue
               refunding bonds of the City in a principal amount
               of not to exceed $13,500,000.00 to refund the
               City's outstanding Sanitary Sewer Revenue Bonds,
               Series 2005 and related matters.

21)  15-29     Authorizing the issuance of solid waste management
               revenue bonds of the City in a principal amount of
               not to exceed $7,060,000.00 and related matters.

22)  15-30     Authorizing the City to enter into a lease-
               purchase transaction with Union Bank and Trust
               Company in a principal amount of not to exceed
               $3,400,000.00 to purchase and install light poles
               and related equipment, such as light fixtures,
               wiring, and other items necessary to complete the
               installation of new street lights in the City and
               related matters.

23)  15-22     Creating Sidewalk Improvement District No. 1189
               for the purpose of constructing the sidewalks
               generally located at 6844 Laurent Circle and
               assessing the costs thereof against the benefitted
               property. (P.H. CON'T ONE WEEK TO 03/02/15, 7-0) 
               Fact Sheet (93K)
               Attachment (41K)

                     - END PUBLIC HEARING -


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)

24)  15-24     Comp. Plan Conformance 14027 - Declaring
               approximately 2,690 square feet of property
               generally located at North 12th Street and
               Charleston Street as surplus property. (PASSED, 7-0; #20157)
               Fact Sheet (3379K)

25)  15-26     Approving the License Agreement between the City
               of Lincoln and Omaha Public Power District for the
               installation of a fiber optic line on City owned
               property in Ashland, Nebraska. (PASSED, 7-0; #20158)
               Fact Sheet (87K)
               Attachment (213K)

26)  15-25     Change of Zone 14035 - Application of Darlene
               Harrison for a change of zone from R-2 Residential
               District to R-3 Residential District on property
               generally located at the northwest corner of South
               40th Street and Pioneers Boulevard. (PASSED, 7-0; #20159)          
               Fact Sheet (6216K)


"Resolutions - 1st Reading" & "Ordinances - 1st Reading" are
on Agenda for Advance Notice Only
Public Hearing will occur on Second Reading


RESOLUTIONS - 1ST READING (ITEMS 27 THRU 33 HAD 1ST READING)

27)  15R-37    Reappointing Dan Harshman, W. Don Nelson, and Sarah
               Peetz to the Lincoln Electric System Administrative
               Board for terms expiring December 31, 2017. 
               (Consent)

28)  15R-40    Appointing Helen Meeks to the Telecommunication/Cable
               TV Advisory Board for a term expiring July 1, 2015.
               (Consent)

29)  15R-41    Appointing Debra McGuire to the Air Pollution Control
               Advisory Board for a term expiring September 1, 2017.
               (Consent)

30)  15R-45    Accepting the report of new and pending claims against
               the City and approving disposition of claims set forth
               for the period of February 1-15, 2015.
               Fact Sheet (10K)
               Attachment (71K)

31)  15R-38    Approving the award of contract to the low bidder for
               the Agreement between the City of Lincoln and the State
               of Nebraska Department of Roads for the South
               56th Street Project between Shadow Pines Drive
               and Old Cheney Road.  City Project No. 701923. State
               Project No. LCLC-5241(5), CN 13141.
               Fact Sheet (105K)

32)  15R-39    Approving a Construction Engineering Agreement
               Supplement No. 3 between the City of Lincoln and
               Kirkham Michael and Associates, Inc. for Consultant
               compensation for additional work necessary to complete
               the Jamaica Trail North Phase 2 Federal Aid Project
               (State Project No. ENH-55(160), CN 12879).
               Fact Sheet (69K)
               Attachment (287K)

33)  15R-46    Authorizing acceptance of the low bid to Bryne & Jones,
               which is in excess of 25% over the estimate for the
               36th & Gladstone Paving District No. 2631.
               Fact Sheet (97K)

ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 34 THRU 39 HAD 1ST READING)

34)  15-31     Amending Section 10.02.254 of the Lincoln
               Municipal Code relating to "Parking Services
               Enforcement Area," to include portions of
               19th Street, 21st Street, and Transformation 
               Drive that bisect the University of Nebraska Innovation Campus.
               Fact Sheet (80K)
               Attachment (39K)

35)  15R-44    Approving the Swanson Russell Redevelopment Agreement
               between the City of Lincoln and B & H Enterprises, LLC
               relating to the redevelopment of property located at
               1202 P Street for construction of a new, approximately
               12,000 square foot office building. (Related Items:
               15R-44, 15-33) (ACTION DATE: 3/9/15)
               Fact Sheet (60K)
               Attachment (3924K)

36)  15-33     Authorizing the issuance of tax allocation bonds
               with a total not to exceed the amount of
               $2,400,000.00 for the City of Lincoln, Swanson
               Russell Redevelopment Project located at
               12th and P streets. (Related Items:
               15R-44, 15-33)
               Fact Sheet (44K)

37)  15R-42    Approving the 23rd and O Street Redevelopment
               Agreement between the City of Lincoln and Ustis, LLC
               relating to the redevelopment of property generally
               located between 23rd Street and the north-
               south alley between 23rd and 25th
               Streets, and N and O Streets, for renovation of a large
               retail building, and related improvements. (Related
               Items: 15R-42, 15R-43, 15-32)  (ACTION DATE: 3/9/15)
               Fact Sheet (70K)
               Attachment (2011K)

38)  15R-43    Amending the FY 14/15 CIP to authorize and appropriate
               $450,000.00 in TIF funds for the 23rd and O
               Street Project. (Related Items: 15R-42, 15R-43, 15-
               32)  (ACTION DATE: 3/9/15)
               Fact Sheet (46K)

39)  15-32     Authorizing the issuance of tax allocation bonds
               with a total not to exceed the amount of
               $450,000.00 for the City of Lincoln,
               23rd and O Street Project.  (Related
               Items: 15R-42, 15R-43, 15-32)
               Fact Sheet (52K)

PENDING LIST - DATE CERTAIN - NONE


PENDING LIST  (EXTENDED ONE WEEK)

40)  15-21     Creating Sanitary Sewer District No. 1187 for the
               purpose of constructing an 8-inch diameter
               sanitary sewer in Winthrop Road approximately 300
               feet south of Van Dorn Street and assessing the
               costs thereof against the benefitted property.
               (2/9/15 - Placed on Pending)
               Fact Sheet (59K)
               Attachment (1487K)


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 FEBRUARY, OPEN MICROPHONE SESSIONS WILL BE
     HELD ON FEBRUARY 9TH &
     23RD.

ADJOURNMENT    6:10 P.M.


                                  ***
     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
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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

                                  ***
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