
City of Lincoln
City Council Office
City Council Office
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, JUNE 23, 2014 AT 3:00 P.M. ALL MEMBERS PRESENT EXCEPT COOK DUE TO THE JULY 4TH HOLIDAY, THERE WILL BE NO CITY COUNCIL MEETING MON., 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 9, 2014. (PLACED ON FILE) 2) Request of Public Works to Set the Hearing Date of Monday, July 21, 2014, at 3:00 p.m. & place on the formal City Council Agenda the following: 14-69 Provide authority to create a Paving District in NW 10th from W. Dawes to W. Belmont St. and assess the cost thereof against the benefitted property owners. 14-70 Provide authority to create & order a Special Assessment 6-inch Water District in Goodhue Blvd., from A to B Sts., and assess the cost thereof against the benefitted properties. PETITIONS & COMMUNICATIONS 3) REFERRED TO THE PLANNING DEPARTMENT: Change of Zone 14016 - Requested by Hoogland Foods, LLC, from O-2 Suburban Office District to B-1 Local Business District, on property generally located at N. 70th St. and Adams St. Change of Zone 14017 - Requested by Rokeby Holdings, Ltd., from AG Agricultural District to R-3 Residential District, on property generally located at S. 70th St. and Rokeby Rd. Special Permit 14014 - Requested by A. Michael Alesio, to allow a parking lot, including a request to waive the setback requirements, on property generally located at 4702 Cooper Ave. Special Permit 14015 - Requested by Rokeby Holdings, Ltd., for authority to develop the Grandview Estates First Addition Community Unit Plan, consisting of 316 single family dwelling lots with a maximum allowed density of 760 dwelling units, on approximately 109.22 acres, including requests to waive maximum block length and to allow sanitary sewer to run opposite street grades, on property generally located at S. 70th St. and Rokeby Rd. 4) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment 14034 to Use Permit 101A, requested by Professional Park North Partners, LLC, approved by the Planning Director on June 16, 2014, to enlarge the floor area from 15,550 to 17,000 sq. ft. on Lot 4; reduce the setback on the north boundary to zero; and adjust the Land Use Table, on property generally located at N. 26th St. and Ticonderoga Dr. 5) MISCELLANEOUS REFERRALS - NONE - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 6) Application of Star City Hockey LLC dba Lincoln Stars Hockey for a Class I liquor license at 1800 State Fair Park Drive. (ADOPTED FOR APPROVAL, 6-0; A-88338) 7) Manager application of James R. Pflug for Star City Hockey LLC dba Lincoln Stars Hockey at 1800 State Fair Park Drive. (ADOPTED FOR APPROVAL, 6-0; A-88339) 8) Application of Schmick's Market, Inc. dba Schmick's Market for a Class CK liquor license at 2727 N. 11th St. (ADOPTED FOR APPROVAL, 6-0; A-88340) 9) Manager application of Cody L. Schmick for Schmick's Market, Inc. dba Schmick's Market at 2727 N. 11th St (ADOPTED FOR APPROVAL, 6-0; A-88341) 10) Application of Shad Sanford dba Slice Pizzeria for a Class I liquor license at 4811 N.W. 1st St. (ADOPTED FOR APPROVAL, 6-0; A-88342) 11) Application of Taverns & Bars LLC dba Sun Valley Bar & Grill for a special designated license to cover an area measuring approximately 25 feet by 77 feet at 300 W. P St. on July 3, 4 and 5, 2014 from 5:00 p.m. to 1:00 a.m. (ADOPTED FOR APPROVAL, 6-0; A-88343) 12) Application of James Arthur Vineyards for a special designated license to cover an area measuring approximately 12 ft. by 80 ft. at 803 Q St. on July 11, 2014 from 10:00 a.m. to 9:00 p.m., July 12, 2014 from 9:00 a.m. to 9:00 p.m., and on July 13, 2014 from 12:00 p.m. to 6:00 p.m. (ADOPTED FOR APPROVAL, 6-0; A-88344) 13) Application of Kurt Kontor dba 501 Bar & Grill for a special designated license to cover an area measuring approximately 90 ft. by 90 ft. at 501 W. A St. on July 5, 2014 from 11:00 a.m. to 2:00 a.m. (ADOPTED FOR APPROVAL, 6-0; A-88345) 14) Application of Barkel Enterprises Inc. dba Panic for a special designated license to cover an area measuring approximately 100 ft. by 50 ft. at 200 S. 18th St. on July 11 and 12, 2014 from 10:00 a.m. to 2:00 a.m. (ADOPTED FOR APPROVAL, 6-0; A-88346) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 15 THRU 20 HAD 2ND READING) 15) 14-71 Text Amendment 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) 16) 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) (Action Date: 6/30/14) Fact Sheet (47K) Attachment (94K) 17) 14R-164 Comp. Plan Conformance 14011 Approving the Antelope Valley Redevelopment Plan to add the "Eleven Hundred Y St. Project" for 126 dwelling units on approximately 2.2 acres, generally located between 10th St. on the west, Y St. on the south, N. 12th St. on the east and the east/west alley between Y St. and Charleston St. on the north. (Related Items: 14R-164, 14-73) (Action Date: 6/30/14) Fact Sheet (5483K) Attachment (10808K) 18) 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 N. 10th St. and Y St. (Related Items: 14R-164, 14-73) Fact Sheet (871K) 19) 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) 20) 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 N. 27th St. for a two year term. Fact Sheet (115K) Attachment (866K) PUBLIC HEARING - RESOLUTIONS 21) 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) (Request to Place on Pending, No Date Certain) (PLACED ON PENDING, NO DATE CERTAIN; WILL HAVE CON'T P.H.; 6-0) Fact Sheet (70K) Attachment (872K) 22) 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 St. and W. South St. (ADOPTED, 6-0; A-88347) Fact Sheet (11K) Attachment (246K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 23) 14-66 Comp. Plan Conformance 13020 - Declaring approximately 9.37 acres of property generally located at S. 84th St. and South St. as surplus property. (Related Items: 14-66, 14-65, 14-67, 14R-161) (PASSED 6-0; #20041) Fact Sheet (3316K) Attachment (198K) 24) 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 St. to the Lincoln Housing Authority. (Related Items: 14-66, 14-65, 14-67, 14R-161) (ACTION DELAYED FOR TWO WEEKS TO 07/14/14 W/ CON'T P.H., 5-1; CAMP DISSENTING) Fact Sheet (84K) Attachment (918K) 25) 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 S. 84th St. and South St. (Related Items: 14-66, 14-65, 14-67, 14R-161) (ACTION DELAYED FOR TWO WEEKS TO 07/14/14 W/ CON'T P.H., 5-1; CAMP DISSENTING) Fact Sheet (3609K) Attachment (440K) 26) 14R-161 Special Permit 14009 - Application of Lincoln Housing Authority to develop the Lincoln Housing Authority 84th St. 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 S. 84th St. and South St. (Related Items: 14-66, 14-65, 14-67, 14R-161) (Action Date 6/23/14) (ACTION DELAYED FOR TWO WEEKS TO 07/14/14 W/ CON'T P.H., 5-1; CAMP DISSENTING) Fact Sheet (6150K) Attachment (344K) 27) 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 St. between N. 4th St. and N. 6th St. for the Breslow Ice Center. (Related Items: 14-68, 14R-163) (PASSED 6-0; #20042) Fact Sheet (10K) Attachment (1586K) 28) 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 St. between N. 4th St. and N. 6th St. (Related Items: 14-68, 14R-163) (Action Date: 6/23/14) (ADOPTED, 6-0; A-88348) Fact Sheet (10K) Attachment (943K) "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 29 & 30 HAD 1ST READING) 29) 14-76 Annexation 14003 - Amending the Lincoln Corporate Limits Map by annexing approximately 34 acres generally located at S. 63rd St. and Yankee Hill Rd. (Related Items: 14-76, 14-77) Fact Sheet (4370K) Attachment (622K) 30) 14-77 Change of Zone 04075E - Amending the Village Gardens Planned Unit Development by expanding the boundary by approximately 34 acres; for a change of zone from AG Agricultural District to R-3 Residential District PUD; for a Planned Unit Development District designation of said property; and for a development plan which proposes modifications to the Zoning Ordinance and Land Subdivision Ordinance to allow an elderly and retirement housing facility and an additional 92 single-family dwelling lots on the underlying R-3 zoned area, on property generally located at S. 63rd St. and Yankee Hill Rd. (Related Items: 14-76, 14-77) Fact Sheet (46K) Attachment (1712K) RESOLUTIONS - 1ST READING (ITEMS 31 THRU 39 HAD 1ST READING) 31) 14R-167 Comp. Plan Amendment 14003 - Amending the 2040 Lincoln-Lancaster County Comprehensive Plan to adopt the Lincoln Water System Facilities Master Plan. Fact Sheet (33K) Attachment (699K) Lincoln Water System Facilities Master Plan (9.3M) 32) 14R-168 Reappointing Emily Casper, Luann Finke, and Scott E. Hofeling to the Community Forestry Advisory Board for a term expiring August 14, 2017. (Consent) 33) 14R-169 Reappointing Kathleen Neary, Rick Poore and Donald R. Stading to the Charter Revision Commission for a term expiring July 15, 2018. (Consent) 34) 14R-170 Reappointing Heather Baker, Roger (R.J.) Lipert and Russell F. Miller to the Alarm Review Board for a term expiring July 1, 2016. (Consent) 35) 14R-171 Reappointing Paul Barnett, Steven Eggland, John Neal to the Telecommunication/Cable Television Advisory Board for a term expiring July 1, 2017. (Consent) 36) 14R-172 Appointing Sherrie Nelson to the Parks and Recreation Advisory Board for a term expiring April 27, 2015. (Consent) Attachment (43K) 37) 14R-173 Appointing Olive Martin and Emily Graul to the Parks and Recreation Advisory Board for a term expiring June 1, 2015. (Consent) Attachment (63K) 38) 14R-174 Approving a Redevelopment Agreement between the City of Lincoln and KFA 1208, LLC for the renovation of the third and fourth floors of the existing structure at 1208 O St. Fact Sheet (87K) Attachment (1966K) 39) 14R-175 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of June 1-15, 2014. Fact Sheet (10K) Attachment (21K) PENDING LIST - DATE CERTAIN - NONE PENDING LIST (EXTENDED ONE WEEK) 40) 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 41) 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) 42) 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) 43) 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 5:25 P.M. UPCOMING HEARINGS - 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. *** 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.