City of Lincoln
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ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD MONDAY, NOVEMBER 3, 2014 AT 3:00 P.M. ALL MEMBERS PRESENT DUE TO THE VETERAN'S DAY HOLIDAY - THERE WILL BE NO CITY COUNCIL MEETING MON., NOV. 10, 2014 DUE TO THE THANKSGIVING HOLIDAY - THERE WILL BE NO CITY COUNCIL MEETING MON., DECEMBER 1, 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
1320, 2014. (PLACED ON FILE) 2) Resolution Setting the Hearing Date of Monday, December 15, 2014, at 5:30 p.m. for the Assessment of Weed Abatement costs incurred by the City of Lincoln for the period of January 1, 2014 through December 31, 2014. (ADOPTED, 7-0; A-88609) 3) Report from City Treasurer of City Cash on Hand at the close of business September 30, 2014.(PLACED ON FILE) PETITIONS & COMMUNICATIONS 4) Setting the hearing date of Monday, November 17, 2014 at 3:00 p.m. on the Application of Kurt & Kristine Kontor dba 501 Bar & Grill to add a Catering license to their existing Class C Liquor License at 501 W. A Street. (ADOPTED, 7-0; A-88610) 5) Setting the hearing date of Monday, November 17, 2014 at 3:00 p.m. for the application of Sooners or Later Inc. DBA Buffalo Wild Wings for a Class I liquor license located at 8701 Andermatt Drive. (ADOPTED, 7-0; A-88611) 6) Setting the hearing date of Monday, November 17, 2014 at 3:00 p.m. for the application of Schmick's Market Inc. DBA Schmick's Market for a Class C liquor license located at 1340 West O Street.(ADOPTED, 7-0; A-88612) 7) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment 14059, to Use Permit No. 13011, Russwood Park, approved by the Planning Director on October 27, 2014, requested by Civil Design Group, to clarify the front yard setbacks and reconfigure the access on College Park Drive, on property generally located at N. 84th and O Streets. Administrative Amendment 14062, to Special Permit No. 1773, D & R Development Limited Landfill Permit, approved by the Planning Director on October 27, 2014, requested by E-S-P, to revise the site layout and grading and to reflect the new zoning and annexed area, on property generally located at S. 56th and W. O Streets. Administrative Amendment 14067, to Special Permit No. 1813A, The Preserve on Antelope Creek Community Unit Plan, approved by the Planning Director on October 27, 2014, requested by Civil Design Group, to adjust the side yard setback for Lot 5, Block 4, from 7.5' to 5', on property generally located at 4541 Hawthorne Drive. Administrative Amendment 14082, to Change of Zone No. 05085A, Fallbrook PUD, approved by the Planning Director on October 27, 2014, requested by Clark Enersen Partners, to amend the notes by adding that parking spaces on a driveway approach and garage may be counted towards required for multi-family, on property generally located at Tallgrass Parkway and West Alvo Road. 8) MISCELLANEOUS REFERRALS - NONE - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 9) Manager application of Chad C. Parker for Sam's West, Inc. dba Sam's Club 6413 at 4900 N. 27th Street. (ADOPTED FOR APPROVAL, 7-0; A-88613) 10) Manager application of Marvin G. Schumacher for Sam's West, Inc. dba Sam's Club #4873 at 8480 Andermatt Drive. (ADOPTED FOR APPROVAL, 7-0; A-88614) 11) Application of Rupert Enterprises LLC dba T's Stop & Shop for a Class B liquor license at 2801 O Street. (ADOPTED FOR APPROVAL, 7-0; A-88615) 12) Manager application of Terrance T. Rupert for Rupert Enterprises LLC dba T's Stop & Shop at 2801 O Street. (ADOPTED FOR APPROVAL, 7-0; A-88616) 13) Manager application of Christeen M. Jackson for HCF Taco Co. #1 dba Fuzzy's Taco Shop at 1442 O Street. (P.H. & ACTION CONT'D FOR 2 WEEKS TO 11/17, 7-0) 14) Application of Janelli Sanchez Vargas dba Cielito Lindo for a Class I liquor license at 100 N. 1st Street,Suite 1. (ADOPTED FOR APPROVAL, 7-0; A-88617) 15) Application of MG Enterprises LLC dba The Alley for a Class C liquor license at 1031 M Street. (ADOPTED FOR DENIAL, 7-0; A-88618) 16) Manager application of Matthew G. Moore for MG Enterprises LLC dba The Alley at 1031 M Street. (ADOPTED FOR DENIAL, 7-0; A-88619) 17) Application of Mlogic Holdings LLC dba Tilted Kilt Pub & Eater to expand its Class I liquor license to add an outdoor area for a new license description as a one story building approximately 72 feet by 79 feet including an outdoor area approximately 37 feet by 47 feet at 6100 O Street. (ADOPTED FOR APPROVAL, 7-0; A-88620) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 18 THRU 21 HAD 2ND READING) 18) 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) 19) 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) 20) 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) 21) 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) PUBLIC HEARING - RESOLUTIONS 22) 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 threetwo year term commencing September 1, 2014 through August 31, 2016. (ADOPTED, 7-0; A-88621) Fact Sheet (137K) Attachment (635K) 23) 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,projects and other matters. (ADOPTED, 7-0; A-88622) Fact Sheet (60K) Attachment (292K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 24) 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. (PASSED, 7-0; #20105) Fact Sheet (62K) 25) 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. (PASSED, 7-0; #20106) Fact Sheet (75K) 26) 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. (PASSED, 7-0; #20107) Fact Sheet (77K) "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 27 THRU 29 HAD 1ST READING) 27) 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) (10/27/14 - Introduction Delayed 1 Week to 11/3/14) 28) 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) (10/27/14 - Introduction Delayed 1 Week to 11/3/14) Fact Sheet (104K) Attachment (1132K) 29) 14R-271 Amending the FY 13/14 CIP to authorize and appropriate $533,354 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) (10/27/14 - Introduction Delayed 1 Week to 11/3/14) Fact Sheet (104K) RESOLUTIONS - 1ST READING (ITEMS 30 THRU 36 HAD 1S READING) 30) 14R-272 Comp. Plan Conformance No. 14002 - Approving an amendment to the Antelope Valley Redevelopment Plan to add the "18th & P Multifamily Redevelopment Project" for three residential buildings and a multi-story parking garage facility on property generally located in the blocks bounded by 17th Street, Antelope Valley Parkway, O Street and Q Street. Fact Sheet (4M) Attachment (3425K) Attachment (2M) 31) 14R-273 Appointing John (Rusty) Vanneman to the Community Health Endowment Board for a term expiring September 1, 2017. (Consent) Attachment (81K) 32) 14R-274 Approving Supplement No. 2 to the Preliminary Engineering Services Agreement between the City of Lincoln and The Schemmer Associates, Inc. for additional work necessary to complete the Federal Aid Project No. HSIP-5227(7), Control No. 2944, at North 14th Street and the East bound Off-Ramp to U.S. Highway 6. Fact Sheet (20K) 33) 14R-275 Approving a Utility Services Agreement between the City of Lincoln and Lincoln Electric System setting out the various duties and fees in connection with the relocation of electrical distribution facilities for Federal Aid Project HSIP-5205(1), Control No. 13147, at the intersection of South Coddington Ave. and West Van Dorn Street. Fact Sheet (19K) Attachment (588K) 34) 14R-276 Approving a Professional Services Agreement between the City and Olsson Associates to provide NEPA evaluation and documentation for the 48th & Calvert and 56th & Calvert Traffic Signal Project (State Project No. LCLC- 5239(10), CN 13260, City Project No. 702695). Fact Sheet (45K) Attachment (1476K) 35) 14R-277 Approving a Professional Services Agreement between the City and Olsson Associates to provide NEPA evaluation and documentation for the S. 17th Traffic Signal Project (State Project No. LCLC-5227(8), CN 13261, City Project No. 702697). Fact Sheet (45K) Attachment (1528K) 36) 14R-278 Adopting the Lincoln Electric System Annual Budget for 2015 to become effective January 1, 2015. (Action:12/8/14) Fact Sheet (103K) Attachment (2256K) PENDING LIST - DATE CERTAIN - NONE PENDING LIST (EXTENDED TWO WEEKS) 37) 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) 38) 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) 39) 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) 40) 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) 41) 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 NOVEMBER, OPEN MICROPHONE SESSIONS WILL BE HELD ON NOVEMBER 17TH & 24TH. ADJOURNMENT 3:52 P.M. UPCOMING HEARINGS Hearing date of Monday, November 17, 2014 at 3:00 p.m. on the following: Application of Savor Restaurant LLC dba Ginger for a Retail Class I Liquor License at 6055Apples Way. Application of NHC LLC dba South Campus for a Retail Class CK Liquor License at 101 N. 14th St., Suite 1. Application of Will-Mack LLC dba Compadres for a deletion to their licensed premise at 101 N. 14th St., Suite 6. Manager Application of Anthony Alwin for Dino's Eastside Grille at 2901 S. 84th St. Manager Application of Spencer Peery for Lincoln Stars Hockey at 1800 State Fair Park Dr. *** 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.