City of Lincoln
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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, MAY 22, 2017 AT 5:30 P.M. DUE TO MEMORIAL DAY, THERE WILL BE NO CITY COUNCIL MEETING THE WEEK OF MAY 29, 2017 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) Clerk's Letter and Mayor's Approval of Resolution and Ordinances passed by City Council on May 8, 2017. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 2) Setting the hearing date of Mon., June 5, 2017 at 3:00 p.m. on the Application of North West Pizzeria Inc dba Delizioso Pizzeria for a Class C Liquor License at 3001 NW 12th Street. (ADOPTED, 7-0; A-90465) 3) Setting the hearing date of Mon., June 12, 2017 at 3:00 p.m. on the Application of HQR LLC dba Piezano's for a Class I Liquor License at 2740 South Street. (ADOPTED, 7-0; A-90466) 4) Setting the hearing date of Mon., June 12, 2017 at 3:00 p.m. on the Application of Fareway Stores Inc. dba Fareway Meat Market #175 for a Class C Liquor License at 3033 S. 84th Street. (ADOPTED, 7-0; A-90467) 5) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.: Change of Zone No. 17008, requested by Seacrest and Kalkowski, from R-1 (Residential District) to O-3 (Office Park District), on property generally located at 6969 South Street and 2215 South 70th Street. Change of Zone No. 17009, requested by Ryan Omel, from AG (Agricultural District) to AGR (Agricultural Residential District) for 20 acres, on property generally located at SW 27th Street and Roxbury Lane. Change of Zone No. 3134E, requested by Olsson Associates, for the adjustment of perimeter setbacks for the Willow Springs Planned Unit Development, on property generally located at the northwest corner of Lucile Drive and Pioneers Boulevard. Special Permit No. 08004b, requested by James D. Peterson, for soil excavation, on property generally located at 3601 Waverly Road. Special Permit No. 1627B, to extend an existing wireless telecommunications monopole by approximately 10 feet, on property generally located at 921 Fletcher Avenue. Special Permit No. 17012, requested by Beach Solar, LLC, to allow for installation of a 100-kilowatt solar energy conversion system, on property legally described as Capitol Beach West Addition, Outlots B and C, located in the SE 1/4 of Section 16-10-6, and N 1/2 of Section 21-10-6, Lincoln, Lancaster County, Nebraska. Text Amendment No. 17006, requested by City of Lincoln, amending Title 26 Subdivision Ordinance, Title 27 Zoning Ordinance, Title 3 Design Standards by amending 26.11.036 to modify notice requirements; by amending 26.11.037 preliminary plat appeal procedure; by amending 26.15.015 and 26.15.020 by deleting obsolete text; by amending 26.19.020 to add lien holder; by amending 26.19.041 for surveyor references; and 26.23.140 to delete an obsolete Table and to provide requirements for residential lots that front on private roadways; by amending 27.06.020 for access across zoning districts; by amending 27.06.120 for conditional uses in the I-3 District; and 27.06.130 to designate retail sale as conditional use in the I-3 District; by amending 27.06.150 to list any amusement license use as a conditional use in the AG District; and 27.07.030 concerning amusement license regulations; by amending 27.51.030 for I-3 District to delete conditions for retail and office use; by amending 27.62.030 to provide that urban gardens as conditional use in the Agricultural Use Group may have plants in the front yard; by amending 27.62.090 for offices as conditional use in the I-3 District; by amending 27.62.100 for additional conditions for retail and office uses in the I-3 District; by amending 27.62.120 for amusement license as conditional use; by amending 27.63.025 for appeal of Special Permit filing; by repealing 27.63.140 to delete outdoor lighting requirements; by amending 27.63.180 for text consistent with use groups; by amending 27.63.500 for geography of corridors for salvage uses; by amending 27.63.510 to add mausoleums as special permitted use; by amending 27.63.570 for typographic errors; by amending 27.64.010 for use permit appeal procedures; by amending 27.65.020 for community unit plan in BTA Overlay District with underlying AG zoning and to remove density penalties for community unit plans on small parcels; by amending 27.67.040 for parking requirements for premises in the B-1 and B-3 districts which sell alcohol; by amending 27.69.030 for wall signage in the R-T, O-1 and O-2 districts; and 27.69.090 to clarify which street frontage the location of a wall sign is measured from; by amending 27.72.010 to clarify minimum lot requirements and adjust conforming and nonconforming provisions; and Table 27.72.020(b) for R-7 and R-8 side yard requirements; by amending 27.75.030 to extend the filing time for Board of Appeals; by amending 27.81.010 for a chapter reference; by amending 27.81.050 for notice requirements; by repealing Chapter 3.05 for environmental impact statements for the B-5 District; by repealing Chapter 3.15 Standards for Financial Institutions in the O-1 District; by repealing Chapter 3.20 Signage for Historic Building Reuse by Special Permit; by repealing Chapter 3.25 Standards for Exceeding Maximum Height by Special Permit; by repealing Chapter 3.60 Design Standards for Park Land; and by repealing Chapter 3.80 Technology Park Design Standards; and amending Section 7.1 of Chapter 3.50 Design Standards for Screening and Landscaping to grant exception along the public right-of-way when the parking area and driving aisles are set back 100 feet or more, of the Lincoln Municipal Code, as hitherto existing. Text Amendment No. 17010, requested by Beach Solar, LLC, to amend the Lincoln Municipal Zoning Code by amending Section 27.02.040 to delete the definition of Commercial Solar Energy Conversion System; by amending Section 27.02.200 to add definitions for Solar Energy Conversion System Large and Solar Energy Conversion System Small; by amending Section 27.06.090 to amend the Utility Use Group Table to strike Commercial Solar Energy Conversion System as a listed use type, to add Solar Energy Conversion System (Large) as a listed use type allowed by Special Permit in the AG District and as a permitted use in the H-2 through H-4 and I-1 through I-3 Districts, and to add Solar Energy Conversion System (Small) as a listed use type allowed by Special Permit in the AGR, R-1 through R-8, O-1 through O-3, and RT Districts and as a permitted use in all other districts; by amending Section 27.63.830 to allow Large Solar Energy Conversion System as a permitted special use in the AG District and to allow Small Solar Energy Conversion System as a permitted special use in the AGR, R-1 through R-8, O-1 through O-3, and RT Districts and to provide conditions for such uses; and repealing Sections 27.02.040, 13 27.02.200, 27.06.090, and 27.63.830 as hitherto existing. 6) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment No. 17034 to Special Permit No. 155, Heritage Place, approved by the Planning Director on May 2, 2017, to revise the site layout, generally located at N. 35th Street and Gladstone Street. Administrative Amendment No. 17029 to Use Permit No. 145B, Pine Lake Plaza, approved by the Planning Director on May 4, 2017, to increase the size of an early childhood care facility from 6,015 to 7,930 square feet, and to increase the capacity from 110 students and 15 employees to 123 students and 20 employees, generally located at S. 84th Street and Highway 2. Administrative Amendment No. 17014 to Special Permit No. 06001B, Grand Terrace CUP, approved by the Planning Director on May 4, 2017, to allow multiple- family units on Block 10, to adjust rear setback to 12' for Block 10, and to update plan as necessary, generally located at S. 84th Street and Highway 2. 7) MISCELLANEOUS REFERRALS - NONE. - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 8) Application of Stop N Shop, Inc. dba Stop N Shop #6 for a Class CG liquor license at 1502 West O Street. (ADOPTED FOR APPROVAL, 7-0; A-90468) 9) Manager Application of Jason K. Laessig for Stop N Shop, Inc. dba Stop N Shop at 1502 West O Street. (ADOPTED FOR APPROVAL, 7-0; A-90469) 10) Application of SMG Food & Beverage, LLC for a special designated license to cover an outdoor area measuring approximately 460 feet by 453 feet, labeled Patron Parking, an outdoor area measuring approximately 965 feet by 1137 feet, labeled Show Cars #1, an outdoor area measuring approximately 652 feet by 406 feet, labeled Show Cars #2, and an outdoor area measuring approximately 2,082 feet by 18 feet, labeled Pedestrian Bridge, all located at Pinnacle Bank Arena at 401 V Street on June 17, 2017 between 8:00 a.m. to 5:00 p.m. (ADOPTED FOR APPROVAL, 7-0; A-90470) 11) Application of SMG Food & Beverage, LLC for a special designated license to cover an outdoor area measuring approximately 700 feet by 448 feet at Pinewood Bowl at 4201 South Coddington Avenue on August 14, 2017 between 6:00 a.m. and 2:00 a.m. (ADOPTED FOR APPROVAL, 7-0; A-90471) 12) Application of SMG Food & Beverage, LLC for a special designated license to cover an outdoor area measuring approximately 329 feet by 240 feet and 22 inches at Pinnacle Bank Arena at 400 Pinnacle Arena Drive on August 4, 2017 between 8:00 a.m. and 2:00 a.m. (ADOPTED FOR APPROVAL, 7-0; A-90472) PUBLIC HEARING - RESOLUTIONS 13) 17R-122 Approving a Contract between the City of Lincoln and KONE Inc. for Elevator Maintenance Services City Parking Garages, for a three year term with the option for three additional one year terms. (ADOPTED, 7-0; A-90473) Fact Sheet (281K) Attachment (5040K) 14) 17R-123 Text Amendment 17003 Amending Title 3 Design Standards for Zoning Regulations by amending Section 4.3 Parking in Chapter 3.75 Neighborhood Design Standards to provide that no required parking space be allowed between the building and front property line except as otherwise provided in Section 27.67.030 (a) and (g) of the Lincoln Municipal Code. (ADOPTED, 7-0; A-90474) Fact Sheet (47K) Attachment (140K) 15) 17R-125 Approving Downtown Lincoln Association's Amended 2016- 2017 BID Budget and Program of Work for Downtown and West Haymarket Management and Maintenance Business Improvement Districts. (ADOPTED, 7-0; A-90475) Fact Sheet (284K) Attachment (707K) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (ITEMS 16 THRU 18 HAD 2ND READING. SEE ITEM 16) 16) 17-67 Text Amendment 17004 Amending Chapter 27.59 of the Lincoln Municipal Code relating to Airport Zoning Regulations by amending Section 27.59.010 to add definitions for "Shaded Areas" and "FAA"; by amending Section 27.59.060 to modify requirements for height permits; by adding a new section numbered 27.59.065 to provide exceptions to required height permits; adding a new section numbered 27.59.067 regarding notice to FAA of certain construction; adopting a revised Lincoln Airport Zoning Map; and repealing Section 27.59.010 and Section 27.59.060 as hitherto existing. (Request to delay Public Hearing to 6/5/17) (PUBLIC HEARING & ACTION CONT'D 2 WEEKS TO 6/5/17, 7-0) Fact Sheet (2113K) 17) 17-68 Approving a License Agreement between the City of Lincoln and Verizon Wireless for the placement of telecommunications facilities upon City property generally located at 3403 West Van Dorn Street. Fact Sheet (331K) Attachment (7972K) 18) 17-69 Authorizing the issuance of Tax Allocation Bonds for the Nebraska Innovation Campus (NIC) Phase II Redevelopment Project. Fact Sheet (267K) PUBLIC HEARING - ORDINANCE - 3RD READING 19) 17-51 Text Amendment 16020 Amending Title 27 of the Lincoln Municipal Code relating to the Zoning Code by amending Section 27.62.100(c)(2) to modify the front and side yard setbacks for car sales and remove conditions that are no longer needed; by amending Section 27.67.040 to create a new parking requirement for motorized vehicle sales for lots less than two acres; and repealing Sections 27.62.100(c)(2) and 27.67.040 of the Lincoln Municipal Code as hitherto existing. (4/10/17 - Public Hearing cont'd 3 weeks to 5/1/17) (5/1/17 - Action delayed 3 weeks w/ cont'd Public Hearing on 5/22/17) (MTA #1 ADOPTED, 7-0; PASSED AS AMENDED, 7-0; #20496) Fact Sheet (2290K) Motion To Amend (26K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS 20) 17-65 Text Amendment 17007 Amending Title 27 of the Lincoln Municipal Code (the Zoning Ordinance), by repealing Section 27.26.090 regarding the location of buildings, structures, parking, and access drives and the preservation of required open space in the O-2 Suburban Office District whenever the O-2 district extends further from the street than any abutting B-1, B-3, B-4, H-2, H-3, or I-1 district; amending Section 27.72.130 to delete an identical provision in Subsection (e); and repealing Section 27.72.130 as hitherto existing. (PASSED, 7-0; #20497) Fact Sheet (208K) 21) 17-66 Change of Zone 17006 Application of Hartland Homes, Inc. for a change of zone from AGR Agricultural Residential District to R-3 Residential District on property generally located at Southwest 27th Street and West A Street. (PASSED, 7-0; #20498) Fact Sheet (3454K) RESOLUTIONS - 1ST READING (ITEMS 22 THRU 27 HAD 1ST READING) 22) 17R-126 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of May 1-15, 2017. Fact Sheet (30K) Attachment (59K) 23) 17R-127 Approving an amended Cooperative Agreement between the Nebraska Department of Environmental Quality (NDEQ) and the City of Lincoln regarding an increase in State of Nebraska Grant funding from the Stormwater Management Plan. Fact Sheet (428K) Attachment (247K) 24) 17R-128 Comp. Plan Amendment 17001 Application of the Public Works and Utilities Director to amend the 2040 Lincoln- Lancaster County Comprehensive Plan to add the "Upper Wagon Train Watershed Master Plan" to the list of sub area plans in the Plan Realization Chapter of the Comprehensive Plan, and to amend the Lincoln Area and Lancaster County Future Land Use Maps to have the future land use designations be consistent with the Proposed Floodprone Area. Fact Sheet (1846K) Attachment (1217K) 25) 17R-129 Reappointing Jim Johnson and
LivLiz Bavitz to the Historic Preservation Commission for terms expiring April 15, 2020. 26) 17R-130 Appointing Brice Middleton to the Veterans Memorial Garden Advisory Council for a term expiring November 1, 2019. Attachment (810K) 27) 17R-131 Reappointing Steven Eggland and John Neal to the Telecommunications/Cable Television Advisory Board for terms expiring July 1, 2020. ORDINANCES - 1ST READING & RELATED RESOLUTIONS (ITEMS 28 AND 29 HAD 1ST READING) 28) 17-70 Street & Alley Vacation 17003 Vacating a portion of the South 16th Street right-of-way directly north of Pine Lake Road. Fact Sheet (3264K) 29) 17-71 Comp. Plan Conformance 17007 Declaring approximately 24,686 square feet of property generally located at 7701 Greycliff Drive as surplus property. Fact Sheet (1137K) PENDING LIST - DATE CERTAIN - NONE PENDING LIST - NONE 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 8TH & 22ND. ADJOURNMENT 7:07 P.M. *** The Lincoln City Council meets at 3 p.m. Mondays except for holidays. One meeting a month, usually the last one, begins at 5:30 p.m. All meetings are aired live on 5 CITY-TV and re-aired on Mondays at 7 p.m., Tuesdays at 12 a.m. and Saturdays at 12:30 p.m. 5 CITY-TV is available on Time Warner Cable(TWC)/Spectrum and Windstream Kinetic channel 5. TWC/Spectrum customers will need a digital cable box or digital adapter. Those with built-in digital cable tuners (QAM) will find the meetings on channel 71.14. The meetings are also streamed live on the Internet and available later through video-on-demand at lincoln.ne.gov (click on the 5 CITY-TV icon). *** 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.