
City of Lincoln
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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, SEPTEMBER 15, 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-246 Appointing Becky Hanna to the Lincoln Housing Authority Board for a term expiring July 1, 2019. Attachment (72K) (ADOPTED, 7-0; A-88533) 2) Resolution Approving the Distribution of Funds Representing Interest Earnings on Short-term Investments of Idle Funds During the Month Ended July 31, 2014. (ADOPTED, 7-0; A-88534) PETITIONS & COMMUNICATIONS 3) Setting the Hearing Date of Monday, September 29, 2014 at 5:30 p.m. on the Application of Hy-Vee Inc. dba Hy- Vee Gas for Class D Liquor License at 7101 Pioneers Blvd. (ADOPTED, 7-0; A-88535) 4) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment No. 14056 to Use Permit #84B, Elizabeth Park South Commercial Center, approved by the Planning Director on September 8, 2014, requested by Rega Engineering, to reduce the front yard setback adjacent to both S. 70th Street and Pioneers Boulevard from 50' to 20', and to revise the parking lot layout on Lot 1, on property generally located southwest of South 70th Street and Pioneers Boulevard. Administrative Amendment No. 14057 to Special Permit #06046, Dakota Springs Community Unit Plan, approved by the Planning Director on September 5, 2014, requested by Civil Design Group, to adjust the build through lot lines of future lots 9A and 9 B to accommodate the foundation already constructed, on property generally located at S. 1st and W. Saltillo Rd. Administrative Amendment No. 14058 to Use Permit #140C, Appian Way Regional Shopping Center, approved by the Planning Director on September 3, 2014, requested by Clark Enersen Partners, to clarify the setbacks for the building envelope on Lot 1, Block 4, and modify the street alignment, on property generally located at S. 84th Street and Highway 2. 5) MISCELLANEOUS REFERRALS - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 6) Manager application of Katrina Page for 1515-23 Market Street, Inc. dba Quality Inn at 3200 N.W. 12th Street. (9/8/14 - PUBLIC HEARING & ACTION CONT'D TO 9/15/14) (ADOPTED FOR APPROVAL, 7-0; A-88536) 7) Application of Lancaster County Ag Society dba Lancaster Event Center for a special designated license to cover an area measuring approximately 100 feet by 200 feet at 4100 North 84th Street on September 20, 2014 from 9:00 a.m. to 3:00 p.m. (9/8/14 - PUBLIC HEARING & ACTION CONT'D TO 9/15/14) (WITHDRAWN, 7-0; #38-4650) 8) Application of Lancaster County Ag Society dba Lancaster Event Center for a special designated license to cover an area measuring approximately 50 feet by 550 feet at 4100 North 84th Street on October 11, 2014 from 9:00 a.m. to 6:00 p.m. (9/8/14 - PUBLIC HEARING & ACTION CONT'D TO 9/15/14) (ADOPTED, 7-0; A-88537) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 9 & 10 HAD 2ND READING) 9) 14-124 Change of Zone 10018A - Application of Nebraska Nova, LLC, to amend the Nebraska Innovation Campus Planned Unit Development to delete land from the PUD by changing the zoning from O-3 Office Park District PUD to P Public Use and to add land to the PUD by changing the zoning from P Public Use to O-3 Office Park District PUD on property generally located at North Antelope Valley Parkway and Salt Creek Roadway. Fact Sheet (5740K) Attachment (395K) 10) 14-125 Change of Zone 14024 - Application of Farmer's Co- operative for a change of zone from AGR Agricultural Residential District to AG Agriculture District on approximately 22 acres of property generally located at 8800 W. Haven Road, Emerald, Nebraska. Fact Sheet (617K) PUBLIC HEARING - RESOLUTIONS 11) 14R-245 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of August 16 - 31, 2014. (ADOPTED, 7-0; A-88538) Fact Sheet (10K) Attachment (22K) 12) 14R-247 Approving the 2014-2015 City tax rate of .31958 per $100.00 of assessed valuation. (ADOPTED, 7-0; A-88539) Fact Sheet (54K) 13) 14R-248 Approving a Contract Agreement between the City of Lincoln and Cash-Wa Distribution Co., Inc. for Food Service and Related Items, pursuant to UNL RFP No. 2335-14-5010, for a term expiring July 31, 2017 with the option to renew for two additional one year terms. (ADOPTED, 7-0; A-88540) Fact Sheet (77K) Attachment (2174K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 14) 14-116 Comp. Plan Conformance 14015 - Declaring approx. 2.7 acres of property generally located at the northeast corner of South 27th Street and Old Cheney Road as surplus property. (8/25/14 - Action delayed for 3 weeks to 9/15/14) (PASSED, 7-0; #20091) Fact Sheet (3107K) "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 15 THRU 17 HAD 1ST READING) 15) 14R-249 Reappointing Tom Beckius, Loren Mestre-Roberts, and Dr. Charles Wilson to the Community Health Endowment Board for terms expiring September 1, 2017. (Consent) 16) 14R-250 Pre-Existing Use Permit 3AD - Amending the pre-existing use permit by waiving provisions of the sign ordinance to allow banner signs in the parking lot, on property generally located at Gateway Shopping Center at S. 66th Street and O Street. Fact Sheet (82K) 17) 14R-251 Approving a Municipality Program Agreement between the City of Lincoln and the Nebraska Dept. of Roads for a project to rehabilitate Link 55W between US 77 and Highway 2 (Warlick Boulevard and 14th Street), Project No. S-L55W(1021), Control No. 13224. Fact Sheet (70K) Attachment (489K) PENDING LIST - DATE CERTAIN 18) 14-112 Approving the close out of completed construction projects and transfer of unspent appropriations and cash (if any) from various projects to projects where additional funding is needed within the Public Works & Utilities Department and the Parks & Recreation Department. (8/25/14 - Placed on Pending Date Certain for Action Only on 9/22/14) Fact Sheet (20K) PENDING LIST (EXTENDED ONE WEEK) 19) 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) 20) 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) 21) 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) 22) 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) (6/23/14 - Placed on Pending, No Date Certain (to have cont'd P.H.)) Fact Sheet (70K) Attachment (872K) 23) 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. (6/30/14 - Held over 2 weeks to 7/14/14 due to lack of required majority vote; Assenting: Emery, Eskridge, Fellers; Dissenting: Camp, Christensen; Absent: Cook, Gaylor Baird) (7/14/14 - Action Delayed 1 Week to 7/21/14) (7/21/14 - Placed on Pending, No Date Certain) Fact Sheet (115K) Attachment (866K) 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) (6/23/14 - Action delayed for 2 weeks to 7/14/14 w/ Cont'd P.H.) (7/14/14 - Public Hearing & Action Delayed until 8/18/14, 7-0) (8/18/14 - Public Hearing & Action cont'd until 9/8/14) (9/8/14 - Placed on Pending, No Date Certain) 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) (6/23/14 - Action delayed for 2 weeks to 7/14/14 w/ Cont'd P.H.) (7/14/14 - Public Hearing & Action Delayed until 8/18/14, 7-0) (8/18/14 - Public Hearing & Action cont'd until 9/8/14) (9/8/14 - Placed on Pending, No Date Certain) 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) (6/23/14 - Action delayed for 2 weeks to 7/14/14 w/ Cont'd P.H.) (7/14/14 - Public Hearing & Action Delayed until 8/18/14, 7-0) (8/18/14 - Public Hearing & Action cont'd until 9/8/14) (9/8/14 - Placed on Pending, No Date Certain) Fact Sheet (6150K) Attachment (344K) 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 SEPTEMBER, OPEN MICROPHONE SESSIONS WILL BE HELD ON SEPTEMBER 15TH & 29TH. ADJOURNMENT 3:20 P.M. UPCOMING HEARINGS Hearing date of Mon., Sept. 22, 2014 at 3:00 p.m. on the Application of Bwitched Two Inc dba Bison Witches Bar & Deli at 1320 P St., Suite 100 for the addition of a Sidewalk Caf? measuring approx. 56' x 26'. Hearing date of Mon., Sept. 22, 2014 at 3:00 p.m. on the Application of Red Lobster Hospitality LLC dba Red Lobster 236 for a Class I Liquor License at 6540 O St. Hearing date of Mon., Sept. 22, 2014 at 3:00 p.m. on the Application of Mlogic Holdings LLC dba Tilted Kilt Pub & Eatery for a Class I Liquor License at 6100 O St. (New Owners). *** 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.