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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, MAY 5, 2014 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) 14R-117 Reappointing Ronald Geary to the Board of Mechanical Examiners for a term expiring April 4, 2016. (ADOPTED, 7-0; A-88224) 2) 14R-118 Reappointing John Henry "Jack" Zohner to the Board of Mechanical Examiners for a term expiring April 4, 2017. (ADOPTED, 7-0; A-88225) 3) 14R-119 Appointing Thomas C. Huston to the Urban Design Committee for a term expiring February 1, 2015. (ADOPTED, 7-0; A-88226) Attachment (168K) 4) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by the City Council on April 21, 2014. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 5) Setting the Hearing Date of Monday, May 19, at 5:30 p.m. for the Manager application of Ronald Trouba, Jr. for Local 644 dba Lincoln Firefighters Reception Hall located at 241 Victory Lane. (ADOPTED, 7-0; A-88227) 6) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment No. 14009 to Final Plat No. 13033, Grand Terrace 3rd Addition, approved by the Planning Director on April 23, 2014, requested by Starostka-Lewis, LLC, to correct typographical errors on the final plat, on property generally located at S. 77th St. and Highway 2. Administrative Amendment No. 14023 to Use Permit No. 102A, St. Patrick's Church, approved by the Planning Director on April 23, 2014, requested by St. Patrick Church Corp., to revise the transition in the front yard setback along Morrill Ave., on property generally located at N. 61st St. and Morrill Ave. Administrative Amendment No. 14021 to Special Permit No. 1985, Athey Painting, approved by the Planning Director on April 24, 2014, requested by Athey Painting, to add a 20 foot x 24 foot accessory building, thereby increasing the total building square footage on the site to 11,780 square feet, on property located at 9410 Yankee Hill Rd. Administrative Amendment No. 14014 to Special Permit No. 04009, Anderson's Place, approved by the Planning Director on April 24, 2014, requested by ESP, Inc., to reduce the front yard setback along N. 84th Street to 20 feet, revise the layout of the mini storage and revise the landscape plan, on property generally located at N. 94th St. and Leighton Ave. 7) MISCELLANEOUS REFERRALS Resolution Levying the Special Taxes Assessed for the Costs of the Improvements in the College View Business Improvement District. (ADOPTED, 7-0; A-88228) Resolution Levying the Special Taxes Assessed for the Costs of the Improvements in the Havelock Business Improvement District. (ADOPTED, 7-0; A-88229) Resolution Levying the Special Taxes Assessed for the Costs of the Improvements in the North 27th Street Business Improvement District.(ADOPTED, 7-0; A-88230) Resolution Levying the Special Taxes Assessed for the Costs of the Improvements in the South St Improvement District. (ADOPTED, 7-0; A-88231) Resolution Levying the Special Taxes Assessed for the Costs of the Improvements in the University Place Maintenance Improvement District. (ADOPTED, 7-0; A-88232) - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 8) Application of Updowntowners, Inc. dba Go Lincoln Go and Celebrate Lincoln for a special designated license to cover an area measuring approximately 700 feet by 100 feet north/south in 13th Street between M and O Streets and 700 feet by 100 feet east/west in N Street between 12th to 14th Streets on June 6 and 7, 2014 from 11:00 a.m. to 12:30 a.m.(4/28/14 - Public Hearing & Action delayed to 5/5/14)(ADOPTED FOR APPROVAL, 7-0; A-88233) 9) Application of Duffy's Tavern for a special designated license to cover an area measuring approximately 51 feet by 65 feet at 1412 O Street on May 10, 2014 from 2:00 p.m. to 2:00 a.m. (4/28/14 - Public Hearing & Action delayed to 5/5/14)(ADOPTED FOR APPROVAL, 7-0; A-88234) 10) Application of Ploughshare Brewing Co., LLC dba Ploughshare Brewing Co. for a Class C liquor license at 1630 P Street. (ADOPTED FOR APPROVAL, 7-0; A-88235) 11) Manager application of Matt Stinchfield for Ploughshare Brewing Co., LLC dba Ploughshare Brewing Co. at 1630 P Street. (ADOPTED FOR APPROVAL, 7-0; A-88236) 12) Application of Hector El Dragon Martinez Corp. dba El Mariachi Taco Cantina to expand its premises and to include an outdoor area for a new licensed area described as approximately 53 feet by 76 feet, including an outdoor area approximately 31 feet by 12 feet, at 601 R Street, Studio 150. (ACTION DELAYED 1 WEEK TO 5/12/14, 7-0) 13) Manager application of Jordan Wells for Peak Interests LLC dba Pizza Hut at 6414 O Street. (ADOPTED FOR APPROVAL, 7-0; A-88237) 14) Manager application of Taryn McDowell for STL of Nebraska, Inc. dba Target Store T-0217 at 333 N. 48th Street. (ADOPTED FOR APPROVAL, 7-0; A-88238) 15) Application of Countryview Studios Inc. dba Art & Soul to expand its premises to include an outdoor area for a new licensed area described as approximately 43 feet by 110 feet including an outdoor area approximately 11 feet by 67 feet on the east side of the building located at 5740 Hidcote Drive. (ADOPTED FOR APPROVAL, 7-0; A-88239) 16) Application of SMG Food & Beverage LLC dba Pinnacle Bank Arena for a special designated license to cover an area measuring approximately 13,000 sq. ft. at the Stadium Terrace of Pinnacle Bank Arena at 400 Pinnacle Arena Drive on May 24, 2014 from 10:00 a.m. to 2:00 a.m. (ADOPTED FOR APPROVAL, 7-0; A-88240) 17) Application of SMG Food & Beverage LLC dba Pinnacle Bank Arena for a special designated license to cover an area measuring approximately 700 feet by 448 feet at Pinewood Bowl, 3201 South Coddington Ave., on August 8, 2014 from 8:00 a.m. to 2:00 a.m. (ADOPTED FOR APPROVAL, 7-0; A-88241) 18) Application of SMG Food & Beverage LLC dba Pinnacle Bank Arena for a special designated license to cover an area known as the Festival Space located north of Pinnacle Bank Arena and the BNSF tracks on May 16, 2014 from 12:00 p.m. to 12:00 a.m. (ADOPTED FOR APPROVAL, 7-0; A-88242) 19) Application of Zipline Brewing Co., LLC dba Zipline Brewing Co. for a special designated license to cover an area measuring approximately 48 feet by 26 feet inside and 70 feet by 72 feet outside at 2100 Magnum Cir. on May 17, 2014 from 2:00 p.m. to 9:00 p.m. (ADOPTED FOR APPROVAL, 7-0; A-88243) 20) Application of James Arthur Vineyards for special designated licenses to cover an area measuring approximately 12 feet by 80 feet at 803 Q Street on May 17, 2014 from 9:00 a.m. to 10 p.m., May 18, 2014 from 12:00 p.m. to 6:00 p.m., May 24, 2014 from 9:00 a.m. to 10:00 p.m., May 25, 2014 from 12:00 p.m. to 6:00 p.m., May 31, 2014 from 9:00 a.m. to 10:00 p.m., June 1, 2014 from 12:00 p.m. to 6:00 p.m., June 7, 2014 from 9:00 a.m. to 10:00 p.m., June 8, 2014 from 12:00 p.m. to 6:00 p.m., June 14, 2014 from 9:00 a.m. to 10:00 p.m., and June 15, 2015 from 12:00 p.m. to 6:00 p.m. (ADOPTED FOR APPROVAL, 7-0; A-88244) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 21 THRU 25 HAD 2ND READING) 21) 14R-110 Comp. Plan Amendment 14001 - Amending the 2040 Lincoln-Lancaster County Comprehensive Plan by changing the land use designation of approximately 5.5 acres of land generally located at the northwest corner of South 70th Street and Pine Lake Road from Urban Residential to Commercial. (Related Items: 14R-110, 14-44) (Action Date: 5/12/14) Fact Sheet (1320K) Attachment (1100K) 22) 14-44 Change of Zone 14004 - Application of Paul Rogge for a change of zone from AGR Agricultural Residential to H-4 General Commercial on property generally located northwest of the intersection of South 70th Street and Pine Lake Road. (Related Items: 14R-110, 14-44) Fact Sheet (3732K) 23) 14-45 Annexation 14001 - Amending the Lincoln Corporate Limits Map by annexing approximately 2.71 acres generally located at South 88th Street and Pioneers Boulevard. (Related Items: 14-45, 14-46) Fact Sheet (1039K) Attachment (284K) 24) 14-46 Change of Zone 14005 - Application of HiMark Golf 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: 14-45, 14-46) Fact Sheet (1048K) 25) 14-47 Authorizing the purchase agreement for the sale of surplus property generally located at 1112 Washington Street to Austin D. Sharp for the sum of $89,000.00. Fact Sheet (101K) Attachment (11266K) PUBLIC HEARING - RESOLUTIONS 26) 14R-111 Accepting and approving a Conservation Easement Agreement between the City of Lincoln, the Lower Platte South Natural Resources District and Joshua's Glen, LLC to preserve the natural resources over the easement area described as Outlots A and C, Joshua Glen 1st Addition and generally located in the Beal's Slough floodplain near 56th Street and Shadow Pines Drive. (ADOPTED, 7-0; A-88245) Fact Sheet (54K) Attachment (485K) 27) 14R-112 Approving an Agreement between the City of Lincoln on behalf of the Lincoln-Lancaster County Health Department and the Village of Denton, Nebraska to provide health regulation inspection and enforcement within the corporate limits and the zoning jurisdiction of the Village of Denton. (ADOPTED, 7-0; A-88246) Fact Sheet (61K) Attachment (545K) 28) 14R-113 Approving an Agreement between the City of Lincoln on behalf of the Lincoln- Lancaster County Health Department and the Village of Davey, Nebraska to provide health regulation inspection and enforcement within the corporate limits and the zoning jurisdiction of the Village of Davey. (ADOPTED, 7-0; A-88247) Fact Sheet (60K) Attachment (625K) 29) 14R-114 Approving an Agreement between the City of Lincoln on behalf of the Lincoln-Lancaster County Health Department and the Village of Raymond, Nebraska to provide health regulation inspection and enforcement within the corporate limits and the zoning jurisdiction of the Village of Raymond. (ADOPTED, 7-0; A-88248) Fact Sheet (63K) Attachment (581K) 30) 14R-115 Approving an Agreement between the City of Lincoln on behalf of the Lincoln- Lancaster County Health Department and the Village of Panama, Nebraska to provide health regulation inspection and enforcement within the corporate limits and the zoning jurisdiction of the Village of Panama. (ADOPTED, 7-0; A-88249) Fact Sheet (63K) Attachment (523K) 31) 14R-116 Accepting and approving the 2014-2015 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. (ADOPTED, 7-0; A-88250) Fact Sheet (56K) Attachment (5667K) 32) 14R-120 Approving a Contract Agreement between the City of Lincoln and Burwood Group, Inc. for the annual requirements for Websense Maintenance, pursuant to Quote No. 4756, for a three year term. (ADOPTED, 7-0; A-88251) Fact Sheet (66K) Attachment (976K) 33) 14R-121 Approving a Contract Agreement between the City of Lincoln and Uribe Refuse Services for the annual requirements for Scrap Tire Recycling, pursuant to Quote No. 4764, for a four year term. (ADOPTED, 7-0; A-88252) Fact Sheet (67K) Attachment (1363K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 34) 14-29 Creating Water District No. 1206 to construct a 6-inch diameter water main in H Street from 26th Street to 27th Street and assessing the costs thereof against the benefitted properties. (PASSED, 7-0; #20019) Fact Sheet (8K) Attachment (791K) "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 (ITEMS 35 THRU 38 HAD 1ST READING) 35) 14R-122 Misc. No. 14001 -- Declaring the Van Dorn Redevelopment Area #2 consisting of approximately 289.1 acres generally located between S. 1st Street to the west, Calvert Street to the south, vacated railroad right-of-way west of 8th Street adjacent to Standing Bear Park to Van Dorn Street to the east, and the north property line of Sawyer Snell Park to the north, as blighted and substandard. Fact Sheet (2928K) Attachment (5265K) 36) 14R-123 Approving a Contract Agreement between the City of Lincoln, Lancaster County, the Lincoln Lancaster County Public Building Commission, and Eagle Services for the annual requirements for Portable Chemical Toilet Services, pursuant to Bid No. 14-056, for a four year term. Fact Sheet (69K) Attachment (1763K) 37) 14R-124 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of April 16-30, 2014. Fact Sheet (10K) Attachment (20K) 38) 14R-125 Approving the Hartley Flats Redevelopment Agreement between TJK Investments Inc. and the City of Lincoln relating to the redevelopment of the properties consisting of 13 units located at 444, 436 and 422 North 27th Street. Fact Sheet (80K) Attachment (1626K) PENDING LIST - DATE CERTAIN - NONE PENDING LIST (EXTENDED ONE WEEK) 39) 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 40) 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) 41) 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) 42) 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) 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 MAY, OPEN MICROPHONE SESSIONS WILL BE HELD ON MAY 12TH & 19TH. ADJOURNMENT 4:09 P.M. UPCOMING HEARINGS - Hearing Date of Monday, May 12, at 3:00 p.m. for the Manager application of Joyce Kim for STL of Nebraska Inc., dba Target Store 2303 located at 8201 S. 40th Street. Hearing Date of Monday, May 12, at 3:00 p.m. for the Manager application of Nick Fraley for Greenfield's Cafe Inc., dba Greenfield's located at 7900 S. 87th Street. *** 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 Timewarner Digital Cable Channel 5 or Basic Cable Channel 71-14 and it is streamed live at lincoln.ne.gov. *** 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.