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BOARD OF EQUALIZATION: IMMEDIATELY PRECEDING THE REGULAR CITY COUNCIL MEETING, THE CITY COUNCIL CONVENED TO EQUALIZE THE ASSESSMENTS FOR BOARD OF EQUALIZATION, GROUP I SEWER DISTRICT #1187 (P.H. W/ ACTION CON'T TO 01/27/13, APPROVED, 7-0) SIDEWALK DISTRICT 96 (APPROVED, 7-0) ACTION FOR THE BOARD OF EQUALIZATION MEETING TO BE HELD MONDAY, JANUARY 13, 2013 AT 3:00 P.M. ALL MEMBERS PRESENT ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD MONDAY, JANUARY 13, 2014 AT 3:00 P.M. MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF DECEMBER, 2013 WAS PRESENTED TO DAMON WIRTH OF LINCOLN FIRE AND RESCUE IN THE CATEGORIES OF CUSTOMER RELATIONS AND PRODUCTIVITY SETTING THE HEARING DATE Setting the hearing date of Monday, January 27, 2014, at 5:30 p.m. on the Application of TDP Phase Two, LLC dba Hyatt Place Lincoln Haymarket for Class C & Class E liquor licenses located at 600 Q Street. (ADOPTED, 7-0; A-88025) 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-10 Appointing Cameya Ramirez-Rousseau to the Citizen Police Advisory Board for a term expiring November 17, 2014. (ADOPTED, 7-0; A-88026) Attachment (82K) 2) 14R-11 Appointing Rebecca Garrett-Ferguson to the Police and Fire Pension Plan Investment Board for a term expiring September 1, 2017. (ADOPTED, 7-0; A-88027) Attachment (92K) 3) 14R-12 Reappointing Micheal Q. Thompson to the Human Rights Commission for a term expiring December 31, 2016. (ADOPTED, 7-0; A-88028) 4) 14R-13 Appointing Cindy Rempe to the Air Pollution Control Advisory Board for a term expiring September 1, 2016. (ADOPTED, 7-0; A-88029) Attachment (85K) 5) Resolution Approving the Distribution of Funds Representing Interest Earnings on Short-term Investments of Idle Funds During the Month Ended November 30, 2013. (ADOPTED, 7-0; A-88030) 6) Resolution approving the City of Lincoln's Investment Activity Report from the City Treasurer for the First Quarter, Fiscal Year 2013-2014, ending November 30, 2013. (ADOPTED, 7-0; A-88031) 7) Report from City Treasurer of City Cash on Hand at the Close of Business November 30, 2013. (PLACED ON FILE) 8) Lincoln Electric System Financial & Operating Statement for November 2013. (PLACED ON FILE) 9) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by the City Council on December 9, 2013. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 10) REFERRED TO THE PLANNING DEPARTMENT: Change of Zone 13028 - Requested by Mark Hunzeker from P Public Use District to R-3 Residential District, on property generally located at South 70th Street and "O" Street (300 South 70th Street). Change of Zone 13029 - Requested by US Properties from AGR Agricultural Residential District to H-3 Highway Commercial District, on property generally located at Highway 2 and Pine Lake Road. Special Permit 1405A - Requested by Sanine Beck to allow an early childhood care facility for up to 45 children and five adult staff, on property located at 6200 Pine Lake Road. Special Permit 1960A - Requested by Seacrest & Kalkowski for an amendment to the Grandview Heights Community Unit Plan for two additional lots with a request to waive design standards to allow Pine Tree Lane to be a rural road cross section with sidewalk aligned only on the south side of the roadway, along with the waiver of street trees and ornamental lighting granted with the existing Grandview Heights Community Unit Plan, on property generally located at North 7th Street to North 14th Street, Ogden/Superior Street to north of Pine Tree Lane and Hilltop Road. Special Permit 13055 - Requested by BVH Architects, for expansion of a nonconforming and nonstandard use, to allow for an early childhood care facility and neighborhood support services, including a waiver request to reduce the front yard setback and to allow parking in the side yard, on property generally located at 1245 S. Folsom Street. Special Permit 13058 - Requested by Mark Hunzeker for authority to operate a residential healthcare facility with approximately 40 beds, on property generally located at South 70th Street and "O" Street (300 South 70th Street). Special Permit 13060 - Requested by US Properties for a 13-stall campground on property generally located at Highway 2 and Pine Lake Road. Use Permit 149A - Requested by Mark Hunzeker for an amendment to reconfigure the building and parking layout south of Jamie Lane, west of South 27th Street, including a request to reduce the side and rear yard setbacks to allow a 400 sq. ft. increase of commercial floor area, on property generally located at South 27th Street and Jamie Lane. Pre-Existing Special Permit 5C - Requested by Olsson Associates to expand the limits of the existing special permit for an addition to the existing plant, on property generally located at N. 70th Street and Cornhusker Highway (6940 Cornhusker Highway). Special Permit/Use Permit 8C - Requested by Rega Engineering for an amendment to allow an addition of approximately 12,400 square feet to an existing building including a request to reduce the parking requirements for doctors' offices, on property generally located at South 70th Street and A Street. 11) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment No. 13081 to Change of Zone 2300A, College Park Planned Unit Development, approved by the Planning Director on December 24, 2013, requested by John Finnell, to replace six garage units with five apartment units and add seven surface parking spaces, on property generally located at N. 84th Street and "O" Street. - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 12) Manager Application of Savanna Carman for Triple D LLC dba Dino's Eastside Grille at 2901 S. 84th St., Suite L. (1/6/14 - P.H. & Action Cont'd for 1 Week to 1/13/14) (ADOPTED FOR APPROVAL, 7-0; A-88032) 13) Application of Cereus Snowbirds, LLC dba Bodega's Alley for a Class C liquor license at 1418 O Street. (ADOPTED FOR APPROVAL, 7-0; A-88033) 14) Manager application of Ryan C. Detlefsen for Cereus Snowbirds, LLC dba Bodega's Alley 1418 O Street. (ADOPTED FOR APPROVAL, 7-0; A-88034) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 15 THRU 24 HAD 2ND READING) 15) 14-1 Creating a Maintenance Business Improvement District for the maintenance, repair and reconstruction of certain public facilities and improvements within the area generally located along the west line of Outlot C, West Haymarket Addition from approximately K Street on the south, north to N Street and continuing north along the center line of Pinnacle Arena Drive to approximately 9th and 10th Streets, thence south to R Street, thence west to 7th Street, thence south to O Street, thence east to 8th Street, thence south to the alley south of N Street, thence west to the east line of Outlot C, West Haymarket Addition, to be known as the West Haymarket/Downtown Maintenance Business Improvement District (WHM Maintenance BID) and providing for special assessments to be imposed within the district. Fact Sheet (7K) Attachment (2392K) 16) 14-2 Creating a Management Business Improvement District for the purpose of providing work and improvement programs within the area roughly bounded by Pinnacle Arena Drive on the west and north, North 10th Street on the east, and Q, R and N Streets on the south to be known as the West Haymarket/Downtown Management Business Improvement District (WHM Management BID) and providing for special assessments to be imposed within the district. Fact Sheet (8K) Attachment (1863K) 17) 14-3 Creating a Core Management Business Improvement District for the purpose of providing work and improvement programs within the area generally bounded by Pinnacle Arena Drive on the west and north, North 8th and North 9th Streets on the east, and O and N Streets on the south, to be known as the West Haymarket/Downtown Core Management Business Improvement District (WHM Core BID) and providing for special assessments to be imposed within the district. Fact Sheet (7K) Attachment (2206K) 18) 14-4 Amending Section 2.76.400 of the Lincoln Municipal Code relating to Leaves of Absence Without Pay to include provisions for a temporary loss of funding. Fact Sheet (37K) 19) 14-5 Amending the pay schedules of employees whose classifications are assigned to the pay range prefixed by the letters X, M and E by changing the Class Titles of Personnel Clerk, Personnel Coordinator and Personnel Operations Specialist to Human Resources Clerk, Human Resources Coordinator and Human Resources Operations Specialist. Fact Sheet (36K) Motion To Amend (6K) 20) 14-6 Amending the pay schedules of employees whose classifications are assigned to the pay range prefixed by the letter N to delete the classification of Fire Air Technician. Fact Sheet (42K) 21) 14-7 Amending the pay schedules of employees whose classifications are assigned to the pay range F (IAFF) to add the classification of Fire Air Technician. Fact Sheet (57K) 22) 14-8 Change of Zone 13026 - Application of Hoppe Brothers, LLC for a change of zone from B-4 Lincoln Center Business District to B-4 Lincoln Center Business District PUD on property generally located at S. 21st St. and N St. for a Planned Unit Development District designation of said property; and for approval of a mixed use development including residential and commercial uses, with modifications to the Design Standards, Zoning Ordinance, and Land Subdivision Ordinance. Fact Sheet (6479K) 23) 14-9 Change of Zone 13027 - Application of Lincoln Parks and Recreation for a change of zone from P Public Use District to P Public Use District with Landmark Overlay to designate the Muny Building, generally located at 23rd and N Sts., as a landmark. Fact Sheet (3918K) Attachment (963K) 24) 14-10 Amending Title 28 of the Lincoln Municipal Code by adding a new Chapter 28.03, Regulations for Post Construction Stormwater Management. Fact Sheet (14K) Motion To Amend (51K) PUBLIC HEARING - RESOLUTIONS 25) 14R-1 Approving an Interlocal Service Agreement between the City of Lincoln and the Board of Regents of the University of Nebraska for development of online food handler training programs. (ADOPTED, 7-0; A-88035) Fact Sheet (61K) Attachment (497K) 26) 14R-2 Approving an Interlocal Service Agreement between the City of Lincoln and the University of Nebraska-Lincoln Office of Online and Distance Education to provide the online portal for online food handler and city alcohol server/seller training programs and the associated technical support. (ADOPTED, 7-0; A-88036) Fact Sheet (61K) Attachment (518K) 27) 14R-3 Approving an Agreement between the City of Lincoln on behalf of the Lincoln-Lancaster County Health Department and the City of Waverly, Nebraska, to update the existing agreement for providing health regulation inspection and enforcement within the corporate limits of the City of Waverly. (ADOPTED, 7-0; A-88037) Fact Sheet (60K) Attachment (582K) 28) 14R-4 Approving an Agreement between the City of Lincoln on behalf of the Lincoln-Lancaster County Health Department and the Village of Malcolm, Nebraska, to update the existing agreement for providing health regulation inspection and enforcement within the corporate limits of the Village of Malcolm. (ADOPTED, 7-0; A-88038) Fact Sheet (60K) Attachment (609K) 29) 14R-5 Approving an Agreement between the City of Lincoln on behalf of the Lincoln-Lancaster County Health Department and the City of Hickman, Nebraska, to update the existing agreement for providing health regulation inspection and enforcement within the corporate limits of the City of Hickman. (ADOPTED, 7-0; A-88039) Fact Sheet (62K) Attachment (532K) 30) 14R-6 Approving Small Town Bar Inc. dba Roadhouse Bar & Grill as a Keno satellite site at 1501 Center Park Rd. (ADOPTED, 7-0; A-88040) Fact Sheet (78K) 31) 14R-7 Amending the Nebraska Innovation Campus Redevelopment Agreement to expand the Phase I Project Area to accommodate construction of a new Greenhouse Complex. (ADOPTED, 7-0; A-88041) Fact Sheet (50K) Attachment (2999K) 32) 14R-8 Approving an Agreement between the City of Lincoln, on behalf of the Lincoln-Lancaster County Health Department, and the Village of Firth, Nebraska for health regulation inspection and enforcement within the Village of Firth. (ADOPTED, 7-0; A-88042) Fact Sheet (60K) Attachment (529K) 33) 14R-9 Approving a Service Agreement between the City of Lincoln, on behalf of the Lincoln-Lancaster County Health Department, and Lincoln Public Schools to allow the use of LPS facilities for emergency mass clinic operations. (ADOPTED, 7-0; A-88043) Fact Sheet (47K) Attachment (240K) 34) 14R-14 Approving a Service Agreement between the City of Lincoln and Bryan College of Health Sciences for clinical training at Easterday Recreation Center for public health students for a two year term. (ADOPTED, 7-0; A-88044) Fact Sheet (122K) Attachment (615K) 35) 14R-15 Approving an Interlocal Agreement between the City of Lincoln, Lancaster County and the Nebraska Department of Administrative Services for printing services and subsequent mailing services for a two year term. (ADOPTED, 7-0; A-88045) Fact Sheet (129K) Attachment (148K) 36) 14R-16 Approving a LPA Program Agreement between the City of Lincoln and the Nebraska Dept. of Roads for the use of Federal Surface Transportation Program Funds for preliminary engineering, construction and construction engineering for the 17th/A, 17th/D and 17th/Washington traffic signal replacements. (State Project No. LCLC-5227(8), CN 13261). (ADOPTED, 7-0; A-88046) Fact Sheet (60K) Attachment (1738K) 37) 14R-17 Approving a LPA Program Agreement between the City of Lincoln and the Nebraska Dept. of Roads for the use of Federal Surface Transportation Program Funds for preliminary engineering, construction and construction engineering of the A Street/ Regency signal replacement. (State Project No. LCLC-5220(5), CN 13262). (ADOPTED, 7-0; A-88047) Fact Sheet (60K) Attachment (2174K) 38) 14R-18 Approving a LPA Program Agreement between the City of Lincoln and the Nebraska Dept. of Roads for the use of Federal Surface Transportation Program Funds for preliminary engineering, construction and construction engineering of the 48th/Calvert and 56th/Calvert signal replacement. (State Project No. LCLC-5239(10), CN 13260). (ADOPTED, 7-0; A-88048) Fact Sheet (60K) Attachment (1885K) 39) 14R-19 Approving an Agreement between the City of Lincoln and Lancaster County to allow for a joint crack sealing contract on S. 70th St. from Rokeby Rd. to Yankee Hill Rd. (ADOPTED, 7-0; A-88049) Fact Sheet (58K) Attachment (1004K) 40) 14R-20 Approving a LPA Program Agreement between the City of Lincoln and the Nebraska Dept. of Roads for the use of Federal Surface Transportation Program Funds for preliminary engineering, construction and construction engineering of the 48th/Hwy. 2 signal replacement. (State Project No. LCLC-5239(9), CN 13253). (ADOPTED, 7-0; A-88050) Fact Sheet (65K) Attachment (2081K) 41) 14R-21 Approving a Funding Agreement between the City and the Nebraska Dept. of Roads for relocation of existing waterline facilities related to improvements at the intersection of U.S. Hwy. 6 (W. O St.) and S.W. 40th St. (Project No. HSIP-6-6(161), CN 13093). (ADOPTED, 7-0; A-88051) Fact Sheet (59K) Attachment (1292K) 42) 14R-22 Approving an Agreement between the City of Lincoln and Watershed Investment Consultants, Inc. to provide investment consulting services regarding the Police and Fire Pension for a three year term expiring December 31, 2016. (ADOPTED, 7-0; A-88052) Fact Sheet (125K) Attachment (337K) 43) 14R-23 Urban Design Review 13066 - Appeal of Donald J. Arena from the Planning Director's denial of a waiver of Downtown Design Standards to waive the required windows on the north facade and the requirement prohibiting stucco on the lower 20 feet of the facade, on property generally located at 1823 O Street. (P.H. W/ ACTION CON'T THREE WEEKS TO 02/03/14, 7-0) Fact Sheet (722K) 44) 14R-24 Use Permit 13011 - Application of Brehm Enterprises, Inc. to develop 50,200 sq. ft. of commercial space, with a request to waive the required front yard setbacks for buildings and parking lots along Russwood Parkway and College Park Drive, on property generally located N. 84th St. and O St. (ADOPTED, 7-0; A-88053) Fact Sheet (3936K) Attachment (82K) 45) 14R-25 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of December 1 - 31, 2013. (ADOPTED, 7-0; A-88054) Fact Sheet (7K) Attachment (22K) 46) 14R-26 Approving appropriations in the amount of $140,000.00 from the operation of keno lottery funds for various human services (round 38) and allocating $1,000.00 to the 2014 H.S. Emergency Fund and $50,000.00 to Year 1 of the Adult Recidivism Reduction Project for a total of $191,000.00. (ADOPTED, 7-0; A-88055) Attachment (170K) 47) 14R-27 Amending the City of Lincoln Drainage Criteria Manual by replacing Chapter 8 with new provisions for the purposes of providing requirements and criteria to manage water quality from rainfall amounts to diminish adverse impacts to health, safety and welfare of the citizens of Lincoln. (ADOPTED, 7-0; A-88056) Fact Sheet (13K) Attachment (1111K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) - NONE RECONSIDERED - RESOLUTION FOR ACTION ONLY 48) 13R-287 Approving the Block 68 Redevelopment Project Redevelopment Agreement between CA/Argent Block 68 Lincoln, LLC and the City of Lincoln relating to the redevelopment of property generally located on the block bounded by 10th, 11th, M and N Sts. (Related Items: 13R-286, 13R-287) (12/16/13 - Adopted, 7-0; A-88008) (1/6/14 - City Attorney & Urban Development requested reconsideration. Motion to Reconsider Approved, 6-0; To Have Action on 1/13/14) (MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0; A-88008) Fact Sheet (138K) Attachment (11565K) Motion To Amend (12010K) "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) - NONE RESOLUTIONS - 1ST READING (ITEM 49 HAD 1ST READING) 49) 14R-28 Approving a Contract Agreement between the City of Lincoln and Sapp Bros. Petroleum, Inc. for the annual supply of Fuel for StarTran for a two year term with the option to renew for one additional two year term. Fact Sheet (228K) Attachment (5271K) PENDING LIST - DATE CERTAIN - NONE PENDING LIST (EXTENDED TWO WEEKS) 50) 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 51) 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) 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 JANUARY, WILL BE HELD ON JANUARY 13TH & 27TH ADJOURNMENT 6:20 P.M. UPCOMING HEARINGS Hearing date of Mon., Jan. 27, 2014 at 5:30 p.m. on the Application of Empyrean Brewing Co. dba Empyrean Brewing Co. for a Class L (Brew Pub) Liquor License at 300 S. 7th St. Hearing date of Mon., Jan. 27, 2014 at 5:30 p.m. on the Application of Hergert Oil Co. dba Super C for a Class D Liquor License at 501 W. A St. *** 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 5 City-TV, Cable Channel 5. *** The City Council Agenda and Action Sheet may be accessed on the Internet at: lincoln.ne.gov.