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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, OCTOBER 27, 2014 AT 5:30 P.M. ALL MEMBERS PRESENT DUE TO THE VETERAN'S DAY HOLIDAY - THERE WILL BE NO CITY COUNCIL MEETING MON., NOV. 10, 2014 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 October
613, 2014 (except for Resolution A-88579 which was presented to the Mayor on Oct. 14, 2014). (PLACED ON FILE) 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-88597) PETITIONS & COMMUNICATIONS 3) Setting the hearing date of Monday, November 17, 2014 at 3:00 p.m. on the Application of Savor Restaurant LLC dba Ginger for a Retail Class I Liquor License at 6055 Apples Way. (ADOPTED, 7-0; A-88598) 4) Setting the hearing date of Monday, November 17, 2014 at 3:00 p.m. on the Application of NHC LLC dba South Campus for a Retail Class CK Liquor License at 101 N. 14th St., Suite 1. (ADOPTED, 7-0; A-88599) 5) Setting the hearing date of Monday, November 17, 2014 at 3:00 p.m. on the Application of Will-Mack LLC dba Compadres for a deletion to their licensed premise at 101 N. 14th St., Suite 6. (ADOPTED, 7-0; A-88600) 6) Setting the hearing date of Monday, November 17, 2014 at 3:00 p.m. on the Manager Application of Anthony Alwin for Dino's Eastside Grille at 2901 S. 84th St. (ADOPTED, 7-0; A-88601) 7) Setting the hearing date of Monday, November 17, 2014 at 3:00 p.m. on the Manager Application of Spencer Peery for Lincoln Stars Hockey at 1800 State Fair Park Dr. (ADOPTED, 7-0; A-88602) 8) REFERRED TO THE PLANNING DEPARTMENT: Special Permit 14043, for authority to sell alcoholic beverages for consumption on the premises associated with a restaurant, on property generally located at South 48th Street and Pioneers Boulevard (4747 Pioneers Boulevard). The Planning Commission action is final, unless appealed to the City Council. Text Amendment 14010, amending Chapter 26.23 of the Lincoln Municipal Code, Development Standards, by amending Section 26.23.040 relating to widths of right of ways to increase the width of pedestrian way easements from 5 feet to 15 feet; amending Section 26.23.125 to set forth location and width requirements of pedestrian way easements; amending Section 26.23.130 relating to block sizes to add provisions relating to the measurement of block lengths; amending Section 26.23.140 relating to lots to delete width requirements for residential lots servient and adjacent to pedestrian way easements; and repealing Sections 26.23.040, 26.23.125, 26.23.130, and 26.23.140 of the Lincoln Municipal Code as hitherto existing. Text Amendment 14011, amending Section 27.72.180 of the Lincoln Municipal Code relating to Exceptions to Height and Lot Regulations to revise the minimum separation between buildings and pedestrian way easements from 10 feet to 12.5 feet from the centerline of the easement; and repealing Section 27.72.180 of the Lincoln Municipal Code as hitherto existing. 9) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment 14054, to Change of Zone 04075E, Village Gardens PUD, approved by the Planning Director on October 14, 2014, requested by Olsson Associates, to delete the trip generation tables from the site and development plans, to revise the lot layout northwest of the intersection of Boboli Lane and Hidcote Drive to include a convenience store with fuel sales, and to update the Usage Legend' designating all the lots in Phase II and III for Neighborhood General Type D' - Medium Single Family' dwellings except for the retirement housing lot at South 63rd Street and Yankee Hill Road, on property generally located at S. 56th Street and Pine Lake Road. Administrative Amendment 14063, to Special Permit 06014, Southlake Community Unit Plan, approved by the Planning Director on October 14, 2014, requested by Olsson Associates, to revise the lot layout for Block 1 to increase the number of lots on the west side of South 94th Bay from 5 to 6, and to modify Notes accordingly, on property generally located at South 91st Street and Andermatt Drive. Administrative Amendment 14026, to Change of Zone 05054A, Prairie Village North PUD, approved by the Planning Director on October 16, 2014, requested by Civil Design Group, to revise the lot and street layout, show a lot and street layout for the area outside of the PUD and provide street profiles for streets outside the boundary of the PUD, on property generally located at N. 84th Street and Adams Street. Administrative Amendment 14076, to Special Permit 07015A, Tamarin Ridge Planned Service Commercial, approved by the Planning Director on October 20, 2014, requested by Jeremy Williams, to reduce the side yard setback for parking and/or display of motorized vehicles from 20 feet to 12 feet, on property generally located at S. 27th Street and Tamarin Ridge Road. 10) MISCELLANEOUS REFERRALS - NONE - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 11) Application of North American Martyrs Church for a special designated liquor license in an area measuring approximately 40 feet by 30 feet in the parking lot at 1101 Isaac Drive on November 16, 2014 from 12:00 p.m. to 7:00 p.m. (ADOPTED FOR APPROVAL,7-0; A-88603) 12) Application of TPG Holdings Inc. dba The Hot Mess for an addition to its Class C liquor license of an outdoor area measuring approximately 5 feet by 14 feet to the east at 408 South 11th Street. (ADOPTED FOR APPROVAL,7-0; A-88604) 13) Application of PRA Inc. dba Misty's Steakhouse & Brewery to delete an outdoor area measuring approximately 24 feet by 8 feet from its Class CK liquor license at 200 North 11th Street. (ADOPTED FOR APPROVAL,7-0; A-88605) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS(as required) (ITEMS 14 THRU 16 HAD 2ND READING) 14) 14-136 Amending Section 2.42-040 of the Lincoln Municipal Code relating to the Divisions of the Urban Development Department to restrict the authority of the Urban Development Department by requiring that any acquisition of residential property having value exceeding $50,000.00 for which the source of funding is Community Improvement Financing be approved by resolution of the City Council. Fact Sheet (62K) 15) 14-137 Amending Title 1 of the Lincoln Municipal Code relating to General Provisions to create a new Chapter 1.30, Sale of City Real Property. Fact Sheet (75K) 16) 14-138 Text Amendment 14013 - Amending Section 27.63.160 of the Lincoln Municipal Code relating to Special Permits for Excavation and Stone Milling to allow stone milling as an accessory use to an excavation operation and to eliminate stone milling as a separate permitted use. Fact Sheet (77K) PUBLIC HEARING - RESOLUTIONS 17) 14R-265 Approving Red Strike Inc. dba Sun Valley Lanes as a Keno satellite site at 321 Victory Lane. (ADOPTED, 7-0; A-88606) Fact Sheet (57K) 18) 14R-266 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of October 1-15, 2014. (ADOPTED, 7-0; A-88607) Fact Sheet (10K) Attachment (25K) 19) 14R-267 Comp. Plan Conformance 14019 - Approving an amendment to the Lincoln Center Redevelopment Plan to add the "A&P II Redevelopment Project" for the redevelopment of the Ambassador and President apartment buildings generally located at the northwest corner of S. 14th Street and Lincoln Mall. (ADOPTED, 7-0; A-88608) Fact Sheet (5327K) Attachment (1820K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 20) 14-134 Annexation 14005 - Amending the Lincoln Corporate Limits Map by annexing approximately 39 acres of property generally located at S.W. 56th St. and W. O St. (Related Items 14- 134, 14-135) (PASSED, 7-0; #20103) Fact Sheet (3419K) Attachment (2667K) 21) 14-135 Change of Zone 14026 - Application of R & D Development for a change of zone from AG Agricultural District to I-1 Industrial District and H-3 Highway Commercial District on property generally located at S.W. 56th St. and W. O St. (Related Items 14-134, 14-135) (PASSED, 7-0; #20104) Fact Sheet (1907K) "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 25 HAD 1ST READING; SEE ITEMS 26, 27, & 28) 22) 14-122 Text Amendment 14007 - Amending Title 27 of the Lincoln Municipal Code to (1) correct errors made in previous text amendments and to clarify existing language without changing the intent of the language by amending Section 27.02.200 to clarify the definition of "story" to provide for a more clear understanding of where the first story of a structure begins; amending Section 27.06.160 relating to the Major Entertainment and Event Use Group to provide guidance as to when a venue should be classified as "major event entertainment," e.g. 500 seats or more; amending Section 27.06.170 by amending the Use Group Table to designate Cabinet Shops and Stores as a conditional use in the H-2 zoning district; amending Sections 27.61.040 and 27.61.050 to add "or this Chapter" as a reference to clarify what methods can be used to structurally alter, reconstruct, or restore a nonconforming structure; amending Section 27.67.066 to update parking for H-3 uses to reflect specific uses that were allocated a parking reduction prior to Use Groups approval; amending Section 27.69.030 general provisions for signs to clarify that roof signs are permitted but are regulated under Section 27.69.310, to require a certain spacing between the location of any sign and an abutting residential premises located in a residential district, and to clarify that in all zoning districts, except for the O-1, O-2, and R-T districts, more than one sign per architectural elevation per building is allowed, provided that the total sign area of such wall signs shall not exceed 30% per architectural elevation and no wall sign shall exceed 500 square feet in sign area; amending Section 27.69.240 to clarify that menu boards, although a type of freestanding sign, have their own regulations; amending Section 27.69.290 to clarify that window signs are not counted toward the allocated percentage of wall signage; amending Section 27.69.310 to insert language needed for consistency between this section and Section 27.69.030; amending Section 27.72.180 to provide that a commercial use abutting a residential district does not need to comply with the residential district provisions if the adjacent land in the residential district may be used for a commercial use under a PUD; and (2) to modify appeal procedures to consistently include any council member or mayor among the listed persons who have the right to appeal the applicable order, approval, disapproval, or other decision by amending Sections 27.56.140, 27.57.180, 27.62.150, 27.63.025, 27.64.010, 27.69.030, 27.72.190, and 27.81.021. Fact Sheet (2472K) 23) 14-139 Amending the pay schedule for the employee group whose classifications are assigned to the pay range prefixed by the letter "C" to change the pay range of Utility Supervisor from C26 to C28. Fact Sheet (46K) 24) 14-140 Amending the pay schedule for the employee group whose classifications are assigned to the pay range prefixed by the letter "E" to create the classification of Human Resources Generalist. Fact Sheet (45K) 25) 14-141 Amending Section 2.76.400 of the Lincoln Municipal Code relating to Leaves of Absence Without Pay to provide that leave without pay shall not be granted to accept other employment. Fact Sheet (46K) 26) 14-142 Authorizing the issuance of tax allocation bonds with a total not to exceed $533,354.00 for the City of Lincoln, Schwarz Paper Building Redevelopment Project. (Related Items: 14-142, 14R-270, 14R-271) (INTRODUCTION DELAYED UNTIL 11/03/14, 7-0) 27) 14R-270 Approving the Schwarz Paper Building Redevelopment Agreement between the City of Lincoln and CBLINC, LLC and Schwarz Paper Company relating to the redevelopment of property generally located at 747 O Street for commercial and residential space. (Related Items: 14-142, 14R-270, 14R-271) (INTRODUCTION DELAYED UNTIL 11/03/14, 7-0) 28) 14R-271 Amending the FY 13/14 CIP to authorize and appropriate $533,354.00 in TIF funds for the Schwarz Paper Building Redevelopment Project on property generally located at 747 O Street. (Related Items: 14-142, 14R-270, 14R-271) (INTRODUCTION DELAYED UNTIL 11/03/14, 7-0) RESOLUTIONS - 1ST READING (ITEMS 29 AND 30 HAD 1ST READING) 29) 14R-268 Approving an Agreement between the City and the Lincoln Chamber Economic Development Corp. (LCEDC) for the promotion of economic development in Lincoln for a three year term commencing September 1, 2014 through August 31, 2016. Fact Sheet (137K) Attachment (635K) 30) 14R-269 Approving an Interlocal Agreement between the City of Lincoln and Lancaster County for a joint Data Processing Division to update and revise the Information Services Division and the ISPC and to provide for budgets, cost distribution, billings, billings, projects and other matters. Fact Sheet (60K) Attachment (292K) PENDING LIST - DATE CERTAIN - NONE PENDING LIST (EXTENDED ONE WEEK) 31) 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 (13K) Attachment (134K) 32) 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) 33) 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) 34) 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) 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 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) 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 OCTOBER, OPEN MICROPHONE SESSIONS WILL BE HELD ON OCTOBER 13TH & 27TH. ADJOURNMENT 7:03 P.M. UPCOMING HEARINGS Hearing date of Mon., Nov. 3, 2014 at 3:00 p.m. on the Manager Application of Christeen M. Jackson for HCF Taco Co #1 dba Fuzzy's Taco Shop at 1442 O St. Hearing date of Mon., Nov. 3, 2014 at 3:00 p.m. on the Manager Application of Marvin Schumacher for Sam's West Inc dba Sam's Club 4873 at 8480 Andermatt Dr. Hearing date of Mon., Nov. 3, 2014 at 3:00 p.m. on the Manager Application of Chad Parker for Sam's West Inc dba Sam's Club 6413 at 4900 N. 27th St. Hearing date of Mon., Nov. 3, 2014 at 3:00 p.m. on the Application of Janelli Sanchez Vargas dba Cielito Lindo for a Retail Class I Liquor License at 100 N. 1st St., Suite 1. Hearing date of Mon., Nov. 3, 2014 at 3:00 p.m. on the Application of Rupert Enterprises LLC dba T's Stop & Shop for a Retail Class B Liquor License at 2801 O St. (Formerly Git N Split). Hearing date of Mon., Nov. 3, 2014 at 3:00 p.m. on the Application of MG Enterprises LLC dba The Alley for a Retail Class C Liquor License at 1031 M Street. Hearing date of Mon., Nov. 3, 2014 at 3:00 p.m. on the Application of MLogic Holdings LLC dba Tilted Kilt Pub & Eatery for the addition of an outdoor area (sidewalk caf?) measuring approx. 37' x 47' at 6100 O St. *** The Lincoln City Council meetings 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. They are re-aired on Saturdays at 1 p.m. Time Warner Cable (TWC) customers with a digital cable box or digital adapter can watch the meetings on TWC channel 5. If your television has a built-in digital cable tuner (QAM), you 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.