
City of Lincoln
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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, JUNE 16, 2014 AT 3:00 P.M. ALL MEMBERS PRESENT EXCEPT FELLERS DUE TO THE JULY 4TH HOLIDAY, THERE WILL BE NO CITY COUNCIL MEETING MONDAY, JULY 7TH 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 June 2, 2014. (PLACED ON FILE) 2) Lincoln Water System Facilities Master Plan. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 3) Setting the hearing date of Monday, June 30, 2014 at 5:30 p.m. for the application of Cashnobb Food, LLC dba Sam & Louie's New York Pizzeria for a Class I liquor license located at 1501 Pine Lake Road, Suite 10. (ADOPTED, 6-0; A-88326) 4) MISCELLANEOUS REFERRALS - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 5) Application of Eiger Corp. dba Prairie Lake Mobil to expand its Class D liquor license for a new licensed area described as an irregular shaped one story building approximately 120 feet by 44 feet located at 8600 Amber Hill Court. (ADOPTED FOR APPROVAL, 6-0; A-88327) 6) Manager application of Greg A. Friesen for My Piezanos, LLC dba Piezano's at 2740 South Street. (ADOPTED FOR APPROVAL, 6-0; A-88328) 7) Manager application of Elizabeth Norris for DHABS, LLC dba Barrymore's at 124 North 13th Street. (ADOPTED FOR APPROVAL, 6-0; A-88329) 8) Manager application of Susantha D. Weerasinghe for Swig, LLC dba 9 South Chargrill at 844 South Street. (ADOPTED FOR APPROVAL, 6-0; A-88330) 9) Application of SMG Food & Beverage, LLC dba Pinnacle Bank Arena for a Special Designated License to cover an area measuring approximately 13,000 square feet at the Stadium Terrace of Pinnacle Bank Arena at 400 Pinnacle Arena Drive on October 1 and October 9, 2014 from 10:00 a.m. to 2:00 a.m. (ADOPTED FOR APPROVAL, 6-0; A-88331) 10) Application of Zoo Blues, Inc. dba Zoo Bar for a special designated license to cover an area measuring approximately 423 feet by 264 in 14th Street between O and P Street including lower parking lot on July 11 and July 12, 2014 from 12:00 p.m. to 1:00 a.m. (ADOPTED FOR APPROVAL, 6-0; A-88332) 11) Application of Famous Dave's Ribs-U, Inc. dba Famous Dave's for a special designated license to cover an area measuring approximately 240 feet by 260 feet in the parking lot 2910 Pine Lake Road on June 28, 2014 from 4:00 p.m. to 10:30 p.m. (ADOPTED FOR APPROVAL, 6-0; A-88333) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 12 THRU 17 HAD 2ND READING) 12) 14-66 Comp. Plan Conformance 13020 - Declaring approximately 9.37 acres of property generally located at South 84th Street and South Street as surplus property. (Related Items: 14-66, 14-65, 14-67, 14R-161) Fact Sheet (3316K) Attachment (198K) 13) 14-65 Approving a Real Estate Sales Agreement for the sale of approximately 9.37 acres of surplus property generally located at 2201 S. 84th Street to the Lincoln Housing Authority. (Related Items: 14-66, 14-65, 14-67, 14R-161) Fact Sheet (84K) Attachment (918K) 14) 14-67 Change of Zone 14012 - Application of the Lincoln Housing Authority for a change of zone from R-1 Residential District and P Public Use District to R-3 Residential District and from R-1 Residential District to P Public Use District on property generally located at South 84th Street and South Street. (Related Items: 14-66, 14-65, 14-67, 14R-161) Fact Sheet (3609K) Attachment (440K) 15) 14R-161 Special Permit 14009 - Application of Lincoln Housing Authority to develop the Lincoln Housing Authority 84th Street Site Community Unit Plan for 72 dwelling units, with a requested waiver to allow more than 40 dwelling units on a dead end street, on property generally located at South 84th Street and South Street. (Related Items: 14-66, 14-65, 14-67, 14R-161) (Action Date 6/23/14) Fact Sheet (6150K) Attachment (344K) 16) 14-68 Approving a Real Estate Purchase Agreement between the City of Lincoln and the University of Nebraska for the sale of surplus property generally located south of V Street between North 4th Street and North 6th Street for the Breslow Ice Center. (Related Items: 14-68, 14R-163) Fact Sheet (10K) Attachment (1586K) 17) 14R-163 Approving an Operations Agreement between the City of Lincoln and the University of Nebraska for the construction and operation of the Breslow Ice Hockey Center and other related facilities on property generally located south of V Street between North 4th Street and North 6th Street. (Related Items: 14-68, 14R-163) (Action Date: 6/23/14) Fact Sheet (10K) Attachment (943K) PUBLIC HEARING - RESOLUTIONS 18) 14R-158 Approving the Speedway Sporting Village Redevelopment Agreement between B & J Partnership, LTD and the City of Lincoln relating to the redevelopment of property generally located in the vicinity of West Van Dorn on the north, Park Boulevard on the west, Burlington Northern Santa Fe railroad tracks on the east, and approximately Calvert Street on the south. (Related Items: 14R-158, 14R-159) (6/2/14 - 1st Reading Delayed 1 Week to 6/9/14) (MTA #1 ADOPTED, 6-0; ADOPTED AS AMENDED, 6-0; A-88334) Fact Sheet (73K) Motion To Amend (10155K) 19) 14R-159 Amending the FY 13/14 CIP to authorize and appropriate $4,700,000 in TIF funds for the Speedway Sporting Village Redevelopment Project on property generally located in the vicinity of West Van Dorn on the north, Park Boulevard on the west, Burlington Northern Santa Fe railroad tracks on the east, and approximately Calvert Street on the south. (Related Items: 14R- 158, 14R-159) (6/2/14 - 1st Reading Delayed 1 Week to 6/9/14) (ADOPTED, 6-0; A-88335) Fact Sheet (40K) 20) 14R-160 Use Permit 57E - Application of Ryan Carson to amend the previously approved Lincoln Crossing use permit to remove the theater and to allow a hotel and other commercial pad sites, including a waiver to increase the maximum height, on property generally located at North 27th Street and Folkways Boulevard. (ADOPTED, 6-0; A-88336) Fact Sheet (3570K) 21) 14R-162 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of May 16 - 31, 2014. (ADOPTED, 6-0; A-88337) Fact Sheet (10K) Attachment (22K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 22) 14-57 Vacation No. 06007 - Vacating Pine Ridge Lane in the Pine Lake Community Unit Plan generally located on the west side of Westshore Drive, halfway between Northshore Drive and Eiger Drive. (PASSED, 6-0; #20033) Fact Sheet (5422K) 23) 14-58 Annexation No. 14002 - Amending the Lincoln Corporate Limits Map by annexing approximately 10.4 acres generally located southeast of the intersection of South 70th Street and Yankee Hill Road. (Related Items: 14-58, 14-59, 14-60) (PASSED, 6-0; #20034) Fact Sheet (1219K) Attachment (713K) 24) 14-59 Change of Zone 05068D - Amending The Woodlands at Yankee Hill Planned Unit Development for a change of zone from AG Agricultural District to R-3 Residential District PUD to expand the area of the PUD, and from R-3 Residential District PUD to R-3 Residential District to reduce the area of the PUD, generally located between South 70th Street and South 84th Street south of Yankee Hill Road; for a planned unit development district designation on the property being added to the PUD; and for approval of a development plan modifying the Zoning Ordinance and Land Subdivision Ordinance to allow increases in the number of dwelling units from 613 to 675. (PASSED, 6-0; #20035) (Related Items: 14-58, 14-59, 14-60) Fact Sheet (4617K) 25) 14-60 Street Name Change 12002 - Renaming Bush Avenue generally located southeast of the intersection of South 78th Street and Yankee Woods Drive to Hacienda Drive. (Related Items: 14-58, 14-59, 14-60) (PASSED, 6-0; #20036) Fact Sheet (930K) 26) 14-61 Amending Section 9.36.025 relating to Firearms Offered for Sale at Retail; Access Restricted, to provide that ammunition for firearms other than handguns is not required to be secured or inaccessible without assistance of authorized sales personnel of the retailer; and repealing Section 9.36.025 of the Lincoln Municipal Code as hitherto existing. (PASSED, 6-0; #20037) Fact Sheet (11K) 27) 14-62 Authorizing the sale of City owned property located at 422, 436 and 444 North 27th Street to TJK Investments, Inc. pursuant to the Hartley Flats Redevelopment Agreement. (PASSED, 6-0; #20038) Fact Sheet (174K) Attachment (86K) 28) 14-63 Vacation No. 13004 - Vacating Pine Tree Lane from North 7th Street to the end of the Pine Tree Lane cul-de-sac, generally located at North 7th Street and Pine Tree Lane. (PASSED, 6-0; #20039) Fact Sheet (1477K) 29) 14-64 Authorizing the issuance of tax allocation bonds with a total not to exceed $4,700,000 for the City of Lincoln, Speedway Sporting Village Redevelopment Project. (PASSED, 6-0; #20040) Fact Sheet (75K) "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) ) (ITEMS 30 THRU 35 HAD 1ST READING) 30) 14-71 Text Amendment No. 14004 - Amending Section 27.63.320 relating to special permits to allow community unit plans in the R-7 and R-8 zoning district by special permit; amending Section 27.65.020, Community Unit Plan Requirements, to allow community unit plans in the R-7 and R-8 zoning districts and providing for the calculation of the maximum permitted density thereof; amending the catchhead of Section 27.65.070 to reflect its applicability to community unit plans in the R-7 and R-8 zoning districts; amending Section 27.65.090 relating to parking within community unit plans to allow the Planning Commission to make certain modifications to the parking requirements set forth in Chapter 27.67; amending Section 27.67.040 to establish the parking requirement for Dwellings for Nonrelated Persons for four to six persons living as a single housekeeping unit permitted under a community unit plan as one space per resident; and amending Section 27.67.065 to delete special parking requirements for community unit plans. (Related Items: 14-71, 14R-166) Fact Sheet (47K) 31) 14R-166 Text Amendment 14005 - Application of Elsey Partners to amend Chapter 3.35 of the Design Standards for Community Unit Plans to provide maximum density standards for the R-7 and R-8 Residential Zoning Districts and to provide for the calculation of a total maximum density and maximum cluster density for dwelling units when the property within the boundaries of a CUP includes property located in more than one residential zoning district. (Related Items: 14-71, 14R-166, 14R-164, 14-73) (Action Date: 6/30/14) Fact Sheet (47K) Attachment (94K) 32) 14R-164 Comp. Plan Conformance 14011 - Approving the Antelope Valley Redevelopment Plan to add the "Eleven Hundred Y Street Project" for 126 dwelling units on approximately 2.2 acres, generally located between 10th Street on the west, Y Street on the south, N. 12th Street on the east and the east/west alley between Y Street and Charleston Street on the north. (Related Items: 14- 71, 14R-166, 14R-164, 14-73) (Action Date: 6/30/14) Fact Sheet (5483K) Attachment (10808K) 33) 14-73 Change of Zone 14011 - Application of Elsey Partners for a change of zone from B-3 Commercial District, R-4 Residential District and I-1 Industrial District to R-8 Residential District on property generally located at North 10th Street and Y Street. (Related Items: 14-71, 14R-166, 14R-164, 14-73) Fact Sheet (871K) 34) 14-74 Approving a StarTran Transportation Agreement between the City of Lincoln and the Board of Regents of the University of Nebraska to expand the existing transit service to include service from both campuses to Innovation Campus for a term of August 24, 2015 through August 14, 2020. Fact Sheet (111K) Attachment (828K) 35) 14-75 Approving a Lease Agreement between the City of Lincoln and Lobo's City Mex, Inc. for the lease of property generally located at 344 North 27th Street for a two year term. Fact Sheet (97K) Attachment (866K) RESOLUTIONS - 1ST READING (ITEM 36 HAD 1ST READING) 36) 14R-165 Comp. Plan Conformance 14010 - Approving the assignment of a permanent conservation easement to the City of Lincoln for the purpose of preserving flood storage volume in the Salt Creek storage area, on property generally located at S. 1st Street and W. South Street. Fact Sheet (11K) Attachment (246K) PENDING LIST - DATE CERTAIN 37) 14R-155 Approving an Interlocal Master Facility Use Agreement between Lincoln Public Schools and the City of Lincoln establishing an equitable method for sharing costs associated with shared use of facilities managed by each of the parties. (6/9/14 - Public Hearing & Action cont'd 2 weeks to 6/23/14) Fact Sheet (70K) Attachment (872K) PENDING LIST (EXTENDED ONE WEEK) 38) 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 30) 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) 40) 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) 41) 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 JUNE, OPEN MICROPHONE SESSIONS WILL BE HELD ON JUNE 9TH & 30TH. ADJOURNMENT 6:28 P.M. UPCOMING HEARINGS - Hearing date of Monday, June 23, 2013 at 3:00 p.m. for the application of Shad Sanford dba Slice Pizzeria for a Class I liquor license located at 4811 NW 1st Street. Hearing date of Monday, June 23, 2013 at 3:00 p.m. for the application of Star City Hockey, LLC dba Lincoln Stars Hockey for a Class I liquor license located at 1800 State Fair Drive. Hearing date of Monday, June 23, 2013 at 3:00 p.m. for the application of Schmick's Market, Inc. dba Schmick's Market for a Class CK liquor license located at 2727 N. 11th 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.