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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, MAY 12, 2014 AT 3:00 P.M. ALL MEMBERS PRESENT MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF APRIL, 2013 WAS PRESENTED TO MEGAN ELLIS, EMERGENCY SERVICES DISPATCHER III FOR THE COMMUNICATIONS DIVISION OF THE POLICE DEPARTMENT IN THE CATEGORIES OF CUSTOMER RELATIONS AND PRODUCTIVITY 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 April 28, 2014. (PLACED ON FILE) 2) Report from City Treasurer of City Cash on hand at the close of business March 31, 2014. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 3) Setting the hearing date of Mon., May 19, 2014 at
3p.m.5:30 p.m. on the Application of Blue Blood Brewing Company Inc. dba Blue Blood Brewing Co. to add an outdoor area measuring approx. 20' x 18' to the south at 500 W. South St. (ADOPTED, 7-0; A-88253) 4) REFERRED TO THE PLANNING DEPARTMENT: Change of Zone 05068D, requested by ESP, Inc., for an amendment to The Woodlands at Yankee Hill Planned Unit Development, for a change from AG Agricultural Dist. to R-3 Residential Dist. PUD; to expand the PUD by approx. 10.55 acres, more or less, on property generally located between S. 70th St. & S. 84th St., south of Yankee Hill Road; for a Planned Unit Development District designation of said property; and for approval of a development plan which proposes modifications to the Zoning Ordinance & Land Subdivision Ordinance, and which increases the number of dwelling units shown in the PUD from 613 to 675, thereby increasing the total number of allowed dwelling units to 700 on the underlying R-3 zoned area. 5) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment No. 14028 to Special Permit No. 09022A, Wilderness Place, approved by the Planning Director on April 30, 2014, requested by Nebraska Neon Sign, Co., for a minor reduction in the setback of five feet for a free standing sign along S. 33rd St., on property generally located at S. 33rd St. and Yankee Hill Rd. 6) MISCELLANEOUS REFERRALS - NONE - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 7) 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.(5/5/14 - Public Hearing & Action Cont'd to 5/12/14)(ADOPTED FOR APPROVAL, 7-0; A-88254) 8) Application of SMG Food & Beverage LLC for a special designated license to cover an area measuring approximately 700 feet by 448 feet at Pinewood Bowl, 3201 South Coddington Ave., on June 7, June 20, June 24, August 2 and August 25, 2014 from 8:00 a.m. to 2:00 a.m.(P.H. & ACTION DELAYED 1 WEEK TO 5/19/14, 7-0) 9) Application of BDF, LLC dba Captain Jacks for a special designated license to cover an area measuring approximately 631 feet by 812 feet at Abbott Sports Complex, 7600 North 70th Street, on May 31 and June 1, 2014 from 9:00 a.m. to 11:00 p.m.(ADOPTED FOR APPROVAL, 7-0; A-88255) 10) Application of Talexmo, LLC for a special designated license to cover an area measuring approximately 60 feet by 100 feet at Congress Restaurant & Lounge, 2001 West O Street, on May 31, 2014 from 10:00 a.m. to 12:00 a.m.(ADOPTED FOR APPROVAL, 7-0; A-88256) 11) Manager application of Joyce Kim for STL of Nebraska, Inc. dba Target Store T-2303 at 8201 South 40th Street. (ADOPTED FOR APPROVAL, 7-0; A-88257) 12) Manager application of Nick Fraley for Greenfield's Cafe?Inc. dba Greenfield's at 7900 S. 87th St. (ADOPTED FOR APPROVAL, 7-0; A-88258) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)- NONE PUBLIC HEARING - RESOLUTIONS 13) 14R-122 Misc. 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. (ADOPTED, 7-0; A-88259) Fact Sheet (2928K) Attachment (5265K) 14) 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. (ADOPTED, 7-0; A-88260) Fact Sheet (69K) Attachment (1763K) 15) 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. (ADOPTED, 7-0; A-88261) Fact Sheet (10K) Attachment (20K) 16) 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. (ADOPTED, 7-0; A-88262) Fact Sheet (80K) Attachment (1626K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 17) 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)(ADOPTED, 7-0; A-88263) Fact Sheet (1320K) Attachment (1100K) 18) 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)(PASSED, 7-0; #20020) Fact Sheet (3732K) 19) 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) (PASSED, 7-0; #20021) Fact Sheet (1039K) Attachment (284K) 20) 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)(PASSED, 7-0; #20022) Fact Sheet (1048K) 21) 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. (PASSED, 7-0; #20023) Fact Sheet (101K) Attachment (11266K) "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 22 THRU 33 HAD 1ST READING) 22) 14-48 Text Amendment 14001 - Amending Title 27 of the Lincoln Municipal Code, the Zoning Code, to clarify that dwellings for non-related persons is not an allowed use in the AG, AGR, or R-6 zoning districts by amending Section 27.06.080 relating to the Group Living Use Group to change the designation of Dwellings for Non-Related Persons in said Use Group Table from a special permitted use to a prohibited use in the AG, AGR and R-6 zoning districts; and amending Section 27.70.020 relating to Additional Use Regulations for Dwellings for Non-related Persons to clarify that Dwellings for Non-Related Persons as a permitted use under a community unit plan is limited to the R-1, R-2, R-3, R-4 and R-5 zoning districts. Fact Sheet (839K) 23) 14-49 Text Amendment 14002 - Amending subsections (a) and (b) of Section 27.63.680 of the Lincoln Municipal Code, Sale of Alcoholic Beverages for Consumption On the Premises, to define restaurant under subsection (a), and to add the sale of alcoholic beverages for consumption on the premises of a restaurant as a special permitted use in the O-3 district under subsection (b). Fact Sheet (434K) 24) 14-51 Change of Zone 14007 - Application of Eiger Corporation for a change of zone from AG Agricultural District to B-5 Planned Regional Business District and from B-5 Planned Regional Business District to H-4 General Commercial District on property generally located at South 91st Street and Pine Lake Road. (Related Items: 14-51, 14R-130) Fact Sheet (1381K) 25) 14R-130 Use Permit 140D - Application of Eiger Corporation to expand the boundary of the existing use permit by approximately 14.6 acres to allow an additional 722 dwelling units, with a requested waiver to allow tandem parking associated with multi-family dwellings, and to modify the maximum height to 52 feet, and to remove approximately 6.3 acres being rezoned to H-4 for mini-warehousing, on property generally located at South 91st Street and Pine Lake Road.(Related Items: 14-51, 14R-130) Fact Sheet (3309K) 26) 14-50 Text Amendment 14003 - Amending Chapter 27.63 of the Lincoln Municipal Code by amending Section 27.63.130 to clarify that the section applies only to outdoor recreational facilities, to provide that the Planning Commission may establish parking requirements for such outdoor recreational facilities and providing that, as part of the special permit for an outdoor recreational facility, the Planning Commission may, subject to Section 27.63.680, permit the sale of alcoholic beverages for consumption on the premises as an accessory use; and amending Section 27.63.680 to allow the sale of alcoholic beverages for consumption on the premises as an accessory use. Fact Sheet (942K) 27) 14R-131 Comp. Plan Amendment 14002 - Amending the 2040 Lincoln-Lancaster County Comprehensive Plan to change approximately 61 acres of land from Urban Residential to Commercial, Green Space and Environmental Resources, on property generally located southwest of the intersection of West Charleston Street and Sun Valley Boulevard. (Related Items: 14R-131, 14-52, 14R-132) Fact Sheet (468K) Attachment (550K) 28) 14-52 Change of Zone 14009 - Application of Oak Lake Development, LLC for a change of zone from R-3 Residential District and I-1 Industrial District to B-2 Planned Neighborhood Business District on property generally located southwest of the intersection of West Charleston Street and Sun Valley Boulevard.(Related Items: 14R-131, 14-52, 14R-132) Fact Sheet (4362K) 29) 14R-132 Use Permit 14004 - Application of Oak Lake Development, LLC to permit outdoor recreational facilities as a special permitted use, to develop 75,000 sq. ft. of commercial use, 175,000 sq. ft. of indoor recreational facilities and 275 hotel rooms, including requested waivers to modify the parking, signage, maximum height, parking lot screening, street trees and sidewalk requirements, on property generally located southwest of the intersection of West Charleston Street and Sun Valley Boulevard. (Related Items: 14R-131, 14-52,14R-132) Fact Sheet (7286K) 30) 14R-134 Approving the Great American Sports Park Redevelopment Agreement between the City of Lincoln and Great American Sports Park, LLC and Oak Lake Development, LLC relating to the redevelopment of property generally located between Sun Valley Boulevard on the east, Charleston Street and West Charleston Street on the north, The View student housing complex on the west, and the Union Pacific rail line on the south.(Related Items: 14R-134, 14R-135, 14-53, 14-54) Fact Sheet (11K) Attachment (5378K) 31) 14R-135 Amending the FY 13/14 CIP to authorize and appropriate $2,116,463 in TIF funds and $1,188,889 in Enhanced Employment Area Occupation Tax for the Great American Sports Park Redevelopment Project on property generally located between Sun Valley Boulevard on the east, Charleston Street and West Charleston Street on the north, The View student housing complex on the west, and the Union Pacific rail line on the south.(Related Items: 14R-134, 14R-135, 14-53, 14-54) Fact Sheet (10K) 32) 14-54 Authorizing a Retail Business Occupation Tax on retail businesses located within the Great American Sports Park Project's Enhanced Employment Area identified in the Northwest Corridors Redevelopment Plan for outdoor lighted sports fields and associated parking, restrooms and related improvements. (Related Items: 14R-134,14R-135, 14-53, 14-54) Fact Sheet (11K) Attachment (210K) 33) 14-53 Authorizing the issuance of Tax Allocation Bonds and the issuance of Occupation Tax Revenue Bonds for the Great American Sports Park Redevelopment Project.(Related Items: 14R-134, 14R-135, 14-53, 14-54) Fact Sheet (11K) RESOLUTIONS - 1ST READING (ITEMS 34 THROUGH 39 HAD 1ST READING 34) 14R-133 Special Permit 1662A - Application of Star City Optimist Youth Foundation to amend the site plan for a recreational facility, to change the hours of operation and to allow the sale of alcohol for consumption on the premises, along with a requested waiver to modify the side and front yard setbacks on property generally located at South Folsom Street and West Pioneers Boulevard. Fact Sheet (2386K) 35) 14R-126 Approving a Service Agreement between the City of Lincoln and the Board of Regents of the University of Nebraska on behalf of the College of Nursing to provide clinical training for public health students at Easterday Recreation Center for a term of January 1, 2014 through December 31, 2016. (Consent) Fact Sheet (82K) Attachment (576K) 36) 14R-128 Amending the 21st and N Redevelopment Agreement between the City of Lincoln and Hoppe Brothers, LLC, approved by Resolution No. A-87644 on November 4, 2013, to revise the estimated amount of TIF and to add soil remediation as a use of TIF. Fact Sheet (11K) Attachment (61K) 37) 14R-129 Approving a multi-year CAD Software License Agreement between the City of Lincoln and Bentley Systems, Inc. for Computer Aided Drafting Software for a three year term. Fact Sheet (15K) Attachment (3174K) 38) 14R-136 Appointing Jon Camp to the Public Building Commission for a term expiring August 1, 2017. (Consent) 39) 14R-137 Approving the appointment of Jeffery R. Kirkpatrick as the City Attorney for a two-year term effective June 1, 2014. 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 MAY, OPEN MICROPHONE SESSIONS WILL BE HELD ON MAY 12TH & 19TH. ADJOURNMENT 4:20 P.M. UPCOMING HEARINGS - 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. *** 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.