City of Lincoln
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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, MARCH 2, 2015 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) 15R-37 Reappointing Dan Harshman, W. Don Nelson, and Sarah Peetz to the Lincoln Electric System Administrative Board for terms expiring December 31, 2017. (ADOPTED, 7-0; A-88785) 2) 15R-40 Appointing Helen Meeks to the Telecommunication/Cable TV Advisory Board for a term expiring July 1, 2015. (ADOPTED, 7-0; A-88786) 3) 15R-41 Appointing Debra McGuire to the Air Pollution Control Advisory Board for a term expiring September 1, 2017. (ADOPTED, 7-0; A-88787) 4) Resolution approving the distribution of funds representing interest earnings on short-term investments of idle funds during the month ended January 31, 2015. (ADOPTED, 7-0; A-88788) PETITIONS & COMMUNICATIONS 5) REFERRED TO THE PLANNING DEPARTMENT: Change of Zone 05085B to amend the Fallbrook Planned Unit Development (PUD), by expanding the boundary by approximately 10.27 acres, more or less, with a change of zone from AG Agriculture to R-3 Residential PUD; for a Planned Unit Development District designation of said property; and for an amended development plan which proposes modifications to the Zoning Ordinance and Land Subdivision Ordinance to allow a townhouse development east of Tallgrass Parkway consisting of 36 dwelling units on property legally described as a portion of Lot 18 I.T., located in the NW 1/4 of 34-11-6, Lancaster County, Nebraska, generally located at Tallgrass Parkway and Aster Road. Special Permit 12006A, an amendment to renew the special permit for the excavation of soil on property legally described as all of Lot 38 I.T., except the west 800 feet located in the N 1/2 of Section 11-10-7, Lancaster County, Nebraska, generally located east of 4100 North 84th Street. The Planning Commission action is final, unless appealed to the City Council. 6) MISCELLANEOUS REFERRALS - NONE - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 7) Application of Mo Chara, LLC dba McFarland & Son's Irish Pub for a special designated license to cover an area measuring approximately 60 feet by 50 feet at 710 P Street on March 17, 2015 from
11:00 a.m.4:00 p.m. to 2:00 a.m.11:00 p.m. (ADOPTED FOR APPROVAL, 6-1; CAMP DISSENTING; A-88789) PUBLIC HEARING - RESOLUTIONS 8) 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. (ADOPTED, 7-0; A-88790) Fact Sheet (10K) Attachment (71K) 9) 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. (MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0; A-88791) Fact Sheet (105K) 10) 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). (ADOPTED, 7-0; A-88792) Fact Sheet (69K) Attachment (287K) 11) 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. (P.H. & ACTION CONT'D 1 WEEK TO 3/9/15, 7-0) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 12 THRU 17 HAD 2ND READING. SEE ITEMS #13 & #14) 12) 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) 13) 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) (P.H. & ACTION CONT'D 1 WEEK TO 3/9/15, 6-0; CAMP ABSENT) Fact Sheet (60K) Attachment (3924K) 14) 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) (P.H. & ACTION CONT'D 1 WEEK TO 3/9/15, 6-0; CAMP ABSENT) Fact Sheet (44K) 15) 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) 16) 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) 17) 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) PUBLIC HEARING ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 18) 15-22 Creating Sidewalk Improvement District No. 118997 for the purpose of constructing the sidewalks generally located at 6844 Laurent Circle and assessing the costs thereof against the benefitted property. (2/23/15 - P.H. cont'd for one week to 3/2/15) (PASSED, 7-0; #20160) Fact Sheet (93K) Attachment (41K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 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. (PASSED, 7-0; #20161) 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. (PASSED, 7-0; #20162) 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. (PASSED, 7-0; #20163) 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. (PASSED, 7-0; #20164) "Resolutions - 1st Reading" & "Ordinances - 1st Reading" are on Agenda for Advance Notice Only Public Hearing will occur on Second Reading RESOLUTIONS - 1ST READING (ITEM #23 HAD 1ST READING) 23) 15R-47 Use Permit 15002 - Application of T&N Investments, 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 generally located at N.W. 12th Street and Isaac Drive. Fact Sheet (2336K) Attachment (1705K) ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 24 THRU 29 HAD 1ST READING. SEE ITEMS #28 & #29) 24) 15-35 Amending the pay schedule for the employee group whose classifications are assigned to the pay range prefixed by the letter "A" to change the pay range of Utilities Safety & Training Specialist from A11 to A13. Fact Sheet (43K) 25) 15-40 Adopting the supplements to the Lincoln Municipal Code dated June 2014 and December 2014 as part of the official Lincoln Municipal Code. Fact Sheet (10K) 26) 15-38 Change of Zone 05061B - Application of Nebraska Horsemen's Benevolent & Protective Association, to amend the development plan of the Southwest Village Planned Unit Development, to adjust sign locations and height, on property generally located at Highway 77 and West Denton Road . Fact Sheet (9034K) Attachment (3318K) 27) 15-39 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 Table"; 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 in their entirety. Fact Sheet (663K) Attachment (561K) 28) 15-36 Annexation 15001 - Amending the Lincoln Corporate Limits Map by annexing approximately 22.5 acres of property generally located at North 94th Street and Adams Street. (Related Items: 15-36, 15-37) (P.H. DELAYED TO 3/16/15, 7-0) Fact Sheet (1350K) Attachment (1473K) 29) 15-37 Change of Zone 05054B - Application of Starostka- Lewis, to amend the Prairie Village North Planned Unit Development to expand the area of the PUD, by changing the zoning from AG Agricultural District to R-3 Residential District PUD and for approval of amendments to the development plan to allow for an additional 155 lots for residential dwelling units, on property generally located at North 90th Street and Adams Street. (Related Items: 15-36, 15-37) (P.H. DELAYED TO 3/16/15, 7-0) Fact Sheet (2422K) Attachment (1714K) PENDING LIST - DATE CERTAIN - NONE PENDING LIST EXTENDED ONE WEEK 30) 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 MARCH, OPEN MICROPHONE SESSIONS WILL BE HELD ON MARCH 9TH & 23RD. ADJOURNMENT 4:35 P.M. UPCOMING HEARINGS 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. 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. *** 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.