City of Lincoln
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City Council Office
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, DECEMBER 21, 2015 AT 5:30 P.M. DUE TO THE CHRISTMAS AND NEW YEAR HOLIDAYS, THE CITY COUNCIL WILL NOT MEET ON MONDAY, DECEMBER 28, 2015 OR ON MONDAY, JANUARY 4, 2016 ALL PRESENT EXCEPT LAMM 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 City Council on November 23, 2015. (PLACED ON FILE) 2) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances Passed by City Council on December 7, 2015. (PLACED ON FILE) 3) Lincoln Electric System's Quarterly Financial Report Third Quarter July - September 2015.(PLACED ON FILE) PETITIONS & COMMUNICATIONS 4) Setting the hearing date of Monday, January 11, 2016 at 3:00 p.m. on the Application of Lake Ventures LLC dba Fresh Thyme Farmer Market for a Class C Liquor License at 5220 O Street. (ADOPTED, 6-0; A-89426) 5) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment No. 15121 to Special Permit No. 201, Chez Ami Knolls Community Unit Plan, approved by the Acting Planning Director on December 10, 2015, requested by Dial Retirement Communities, to remove the property legally described as Outlot A & Lot 1, Block 1, Chez Ami Knolls 2nd Addition from the Special Permit, generally located at Norman Road and Old Cheney Road. 6) MISCELLANEOUS REFERRALS - NONE - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 7) Attachment (2279K) of DH Enterprises, LLC dba The Donut Hole for a Class I liquor licenses at 350 Canopy Street, Unit 103. (ADOPTED FOR DENIAL, 6-0; A-89427) 8) Attachment (663K) of DH Enterprises, LLC dba The Donut Hole for a Class E liquor licenses at 350 Canopy Street, Unit 103. (ADOPTED FOR DENIAL, 6-0; A-89428) 9) Manager Application of Brandon J. Akert for DH Enterprises, LLC dba The Donut Hole at 350 Canopy Street, Unit 103. (ADOPTED FOR DENIAL, 6-0; A-89429) 10) Attachment (1071K)of Chefauchef, LLC dba Talon Room by Chefauchef for a Class C liquor license at 230 North 12th Street. (ADOPTED FOR APPROVAL, 6-0; A-89430) 11) Manager Application of Aaron D.C. Young for Chefauchef, LLC dba Talon Room by Chefauchef at 230 North 12th Street. (ADOPTED FOR APPROVAL, 6-0; A-89431) 12) Manager Attachment (4165K) of Douglas W. Larkins for Whitehead Oil Company dba U-Stop #11 at 2925 Northwest 12th Street. (ADOPTED FOR APPROVAL, 6-0; A-89432) PUBLIC HEARING - RESOLUTIONS 13) 15R-248 Approving a Contract between the City of Lincoln and Beehive Industries, LLC for Enterprise Wide Asset Management Solution, pursuant to Bid No. 15-189, for a four term with the option to renew for two additional four year terms. (Related Items 15-155, 15R-248) (ADOPTED, 6-0; A-89433) Fact Sheet (46K) Attachment (11348K) 14) 15R-249 Identifying and declaring an area within Downtown Lincoln as the Downtown Lincoln Business Area and appointing the members of the Downtown Lincoln Business Improvement Board. (ADOPTED, 6-0; A-89434) Fact Sheet (185K) Attachment (274K) 15) 15R-250 Approving an amendment to the Victory Park - VA Campus Redevelopment Agreement to extend three contingency deadlines from January 1, 2016 to August 31, 2016. (ADOPTED, 6-0; A-89435) Fact Sheet (28K) Attachment (28K) 16) 15R-254 Identifying and declaring the area generally located north and south of "O" Street from 3rdand "O" Street on the east and the on and off ramps onto Homestead Expressway on the west as the West "O" Street Business Area and approving the appointment of Mike Deibert, Randy Haas, Vi See, Rachelle Soulliere, and Patti Yaussi as the members of the Business Improvement Board. (ADOPTED, 6-0; A-89436) Fact Sheet (301K) Attachment (270K) 17) 15R-251 Waiver 15018 - Appeal of Dennis Slama from the Planning Commission denial of his request to waive the requirement of § 26.23.095 of the Land Subdivision Ordinance to install a sidewalk adjacent to a residential lot on Lot 1, Block 1, Wilderness Estates 3rd Addition, Final Plat #15087, generally located at 731 Glenridge Road. (ADOPTED,
6-05-1; A-89437) Fact Sheet (4208K) 18) 15R-252 Comp. Plan Amendment 15003 - Application of the Planning Director to amend the 2040 Lincoln-Lancaster County Comprehensive Plan to adopt the "South Haymarket Neighborhood Plan" as an amendment to the 2005 Downtown Master Plan a subarea plan of the 2040 Lincoln-Lancaster County Comprehensive Plan. (MTA#1 ADOPTED, 6-0; MTA#2 LOST, 2-4; CAMP & CHRISTENSEN ASSENTING; ADOPTED AS AMENDED 6-0; A-89438) Fact Sheet (6601K) Attachment (635K) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (ITEMS 19 THROUGH 23 HAD 2ND READING. SEE ITEM #20.) 19) 15-151 Annexation 14004 - Amending Ordinance No. 20125 to correctly assign the land annexed to City Council District #2. Fact Sheet (49K) 20) 15-154 Change of Zone 15034 - Application of Edward Sharon, to designate the Rees House as a Landmark, changing the zoning district from R-6 Residential District to R-6 Residential District with Landmark Overlay, on property generally located at 4701 Bancroft Street. (Request to have 3rd Reading w/ Action on this date) (RULES SUSPENDED TO HAVE 3RD READING W/ P.H. & ACTION ON THIS DATE, 6-0; PASSED, 6-0; #20271) Fact Sheet (11642K) Attachment (226K) 21) 15-155 Approving the transfer of funds from approved appropriations into a new project for a comprehensive PWU asset management program. (Related Items 15-155, 15R-248) Fact Sheet (65K) 22) 15-152 Annexation 15013 - Amending the Lincoln Corporate Limits Map by annexing approximately 72.5 acres of property generally located southwest of the intersection of South 84th Street and Yankee Hill Road. (Related Items: 15-152, 15-153) Fact Sheet (4661K) Attachment (173K) 23) 15-153 Change of Zone 05068E - Application of R.C. Krueger Development, to amend The Woodlands at Yankee Hill Planned Unit Development for a change of zone from AG Agricultural District to R-3 Residential District over approximately 82.65 acres of land; for a Planned Unit Development District designation of said property; and for a development plan which proposes modifications to the Zoning Ordinance and Design Standards to allow for the development of up to 1,185 total dwelling units and up to 744,000 square feet of commercial floor area, on property generally located between 70th Street and 84th Street, south of Yankee Hill Road. (Related Items: 15-152, 15-153) Fact Sheet (4521K) Attachment (41K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS 24) 15-142 Comp. Plan Conformance 15031 - Declaring four vacant parcels of land generally located at North 14th and New Hampshire, 2100 Y Street, and city-owned lots on the 400 block of South 40th Street and the 400 block of South 55th Street as surplus property. (PASSED, 6-0; #20272) Fact Sheet (2648K) 25) 15-143 Annexation 15010 - Amending the Lincoln Corporate Limits Map by annexing approximately 28 acres of property generally located at South 98th Street and Andermatt Drive. (Related Items: 15-143, 15-144) (PASSED, 6-0; #20273) Fact Sheet (2504K) Attachment (38K) 26) 15-144 Change of Zone 15029 - Application of Andermatt, LLC for a change of zone from AG Agricultural District and B-2 Planned Neighborhood Business District to R-3 Residential District on property generally located at South 98th Street and Andermatt Drive. (Related Items: 15-143, 15-144) (PASSED, 6-0; #20274) Fact Sheet (2779K) 27) 15-145 Annexation 15012 - Amending the Lincoln Corporate Limits Map by annexing approximately 5 acres of property generally located at South 88th Street and Pioneers Boulevard. (Related Items: 15-145, 15-146) (PASSED, 6-0; #20275) Fact Sheet (3190K) Attachment (67K) 28) 15-146 Change of Zone 15032 - Application of HiMark Properties, LLC for a change of zone from AG Agricultural District to R-3 Residential District on property generally located at South 88th Street and Pioneers Boulevard. (Related Items: 15-145, 15-146) (PASSED, 6-0; #20276) Fact Sheet (3151K) 29) 15-147 Text Amendment 15022 - Amending Section 27.62.100 of the Lincoln Municipal Code relating to the Conditional Uses in Retail Sales and Services Use Group to correct an error made to subsection (h)(2) in a previous text amendment to clarify that the floor area restriction for personal services applies to the size of the use and not to the size of the building the use is located in; and repealing Section 27.62.100 of the Lincoln Municipal Code as hitherto existing. (PASSED, 6-0; #20277) Fact Sheet (3252K) 30) 15-149 Change of Zone 15033 - Application of John D. and Janice K. VerMaas for a change of zone from AG Agricultural District to R-3 Residential District on property generally located at South 27th Street and Rokeby Road. (PASSED, 6-0; #20278) Fact Sheet (2687K) 31) 15-150 Approving a Lease Agreement between the City of Lincoln, Parks and Recreation Department and U.S. Department of the Army for the lease of 333.75 acres of public park property at Holmes Lake Dam Site No. 17 for a 25 year term. (PASSED, 6-0; #20279) Fact Sheet (44K) Attachment (854K) RESOLUTIONS - 1ST READING (ITEMS 32 THROUGH 36 HAD 1ST READING.) 32) 15R-256 Accepting and approving the 2015-2016 Work Plan between the City of Lincoln on behalf of the Lincoln-Lancaster County Health Department and the Nebraska Department of Environmental Quality for the Health Department's Section 105 Air Quality Program Grant. (Consent) Fact Sheet (43K) Attachment (4628K) 33) 15R-257 Approving the use of public right-of-way by Aspen Heights Construction, LLC for private conduit and fiber installation to connect newly constructed student housing buildings along North 18th Street between Q and P Streets. Fact Sheet (20K) Attachment (445K) 34) 15R-258 Appointing Mark Orr to the Veterans Memorial Garden Advisory Council for a term expiring November 1, 2017. (Consent) Attachment (33K) 35) 15R-259 Reappointing Diane Bartels, William A. Bowman, William C. Jackson, Jr., and Ron Lechner to the Veterans Memorial Garden Advisory Council for terms expiring November 1, 2018. (Consent) 36) 15R-253 Comp. Plan Conformance 15032 - Approving an amendment to the Antelope Valley Redevelopment Plan to add the "Telegraph District Phase I: 401 Building and 333 Building Project" to include the rehabilitation of an existing office building and parking garage to be used for office, commercial, and parking uses, on property generally located between M Street, K Street, 20th Street, and 21st Street and to delete the Redevelopment Project, "21st & N". Fact Sheet (4928K) Attachment (2292K) ORDINANCES - 1ST READING & RELATED RESOLUTIONS (ITEMS 37 & 38 HAD 1ST READING) 37) 15-156 Amending Chapter 8.06 of the Lincoln Municipal Code, Air Pollution, by amending Section 8.06.090, relating to Inspections; How Conducted, to allow inspections to be conducted at any reasonable time. Fact Sheet (54K) 38) 15-157 Amending Chapter 20.06 of the Lincoln Municipal Code by adding a new section numbered 20.06.235 to create the Building Code Task Force and adding a new section numbered 20.06.037 to create the Code Study Committee. Fact Sheet (54K) PENDING LIST - DATE CERTAIN 39) 15-134 Amending Chapter 2.06 of the Lincoln Municipal Code relating to the Mayor's authority to execute contracts by adding a new section numbered 2.06.120 requiring Council approval of non-bid contracts above $50,000.00. (11/16/15 -Delay Action W/ Public Hearing 3 weeks to 12/07/15) (12/7/15 - Action Delayed w/ continued Public Hearing 1 week to 12/14/15, 7-0) (12/14/15 - Action Delayed w/ continued Public Hearing to 1/11/16) Fact Sheet (24K) 40) 15-136 Annexation 15011 - Amending the Lincoln Corporate Limits Map by annexing approximately 48.92 acres and adjacent O Street right-of-way on property generally located at South 90th Street and O Street. (Related Items: 15-136, 15-137) (11/23/15 - Public Hearing delayed to 12/7/15) (12/14/15 - Action delayed to 1/11/16) Fact Sheet (4561K) Attachment (83K) 41) 15-137 Change of Zone 15028 - Application of the owners for approval of a change of zone rezoning approximately 48.92 acres from AG Agricultural District to R-3 Residential District; designating said property as a Planned Unit Development District; and for approval of a development plan which proposes R-3, R-5 and B-2 uses and modifications to the Zoning Ordinance and Subdivision Regulations. (Related Items: 15-136, 15-137) (11/23/15 - Public Hearing delayed to 12/7/15) (12/14/15 - Action delayed to 1/11/16) Fact Sheet (4162K) 42) 15R-245 Appeal by Carl Eskridge of the StarTran Advisory Board action approving the Transit Development Plan (TDP) and the near-term route changes that are part of the TDP. (12/14/15 - Public Hearing & Action continued to 2/8/16) Fact Sheet (64K) Attachment (20M) PENDING LIST - NONE 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 DECEMBER, OPEN MICROPHONE SESSIONS WILL BE HELD ON DECEMBER 14TH & 21ST. ADJOURNMENT 8:33 P.M. UPCOMING HEARINGS - NONE *** The Lincoln City Council meets 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 and re-aired at 1 p.m. Saturdays. 5 CITY-TV is available on Time Warner Cable (TWC) and Windstream Kinetic channel 5. TWC customers will need a digital cable box or digital adapter. Those with built-in digital cable tuners (QAM) 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.