City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 24, 2014 AT 5:30 P.M.
ALL PRESENT EXCEPT EMERY
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 February 3, 2014.
(PLACED ON FILE)
2) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by
the City Council on February 10, 2014.
(PLACED ON FILE)
3) Report from City Treasurer of 911
Surcharge for the time period of
December 2013 through January 2014.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) Setting the Hearing Date of Mon.,
March 10, 2014 at 3:00 P.M. on the
Application of Val Limited dba
Valentino's for a Class I Liquor
License at 3535 Holdrege St.
(ADOPTED, 6-0; A-88102)
5) Setting the Hearing Date of Mon.,
March 10, 2014 at 3:00 P.M. on the
Application of GNS Corp. dba Cappy's
for a Liquor Catering License at
5560 S. 48th St. #4.
(ADOPTED, 6-0; A-88103)
6) Setting the Hearing Date of Mon.,
March 10, 2014 at 3:00 P.M. on the
Application of WBC Enterprises LLC
dba Night Owl Pub for a Class C
Liquor License at 3233 ½ S. 13th St.
(ADOPTED, 6-0; A-88104)
7) Setting the Hearing Date of Mon.,
March 10, 2014 at 3:00 P.M. on the
Application of Henry Mac LLC dba
Henry's on South to add a Liquor
Catering License and for an addition
to the licensed premise of an L shaped
outdoor area approx. 40' X 30' X5'
to the southwest for a Sidewalk Cafe
at 2110 Winthrop Rd.
(ADOPTED, 6-0; A-88105)
8) REFERRED TO THE PLANNING DEPARTMENT:
Special Permit No. 14001 requested by
Lutheran Family Services of Nebraska, Inc.,
for authority to operate a non-residental
health care facility, with waivers to the
front and side yard landscaping and to
reduce the front, side and rear yard
setbacks for the existing building and
parking lot, on property generally located
at 2201 South 17th Street.
9) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 14002 to
Administrative Special Permit No. 00008,
approved by the Planning Director on
February 3, 2014, requested by Verizon Wireless,
to rescind the special permit originally
approving the collocation of personal
wireless facility antennas on the building
located at 132 S. 13th St.
10) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
11) Application of Penelope's Lil Cafe Inc.
dba Penelope's Lil Cafe for a Class I
liquor license at 4724 Pioneers
Boulevard. (ADOPTED FOR APPROVAL,
6-0; A-88106)
12) Manager application of Brenda L. Failor
for Penelope's Lil Cafe Inc. dba
Penelope's Lil Cafe at 4724 Pioneers
Boulevard. (ADOPTED FOR APPROVAL,
6-0; A-88107)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
(as required) (ITEMS 13 THRU 16 HAD 2ND READING)
13) 14-17 Authorizing the purchase agreement for
the sale of City owned property generally
located at 1520 Van Dorn Street to
Kylie J. Schildt.
Fact Sheet (85K)
Attachment (1474K)
Motion To Amend (638K)
14) 14-18 Approving a Real Estate Sales Agreement
between the City of Lincoln and Cynthia
Ostiguin for the sale of City owned
property generally located at 144 B Street.
Fact Sheet (59K)
Attachment (716K)
15) 14-19 Approving a Real Estate Sales Agreement
between the City of Lincoln and
Neighborhoods, Inc. for the sale of City
owned property generally located at 2206
E Street.
Fact Sheet (65K)
Attachment (700K)
16) 14-20 Amending Chapter 18.04 of the Lincoln
Municipal Code relating to Construction
Requirements to bring said chapter into
conformance with Neb. Rev. Stat. §15-905
by amending Section 18.04.010 to delete a
reference to farmsteads; repealing Section
18.04.020 (Farmstead Defined); amending
Section 18.04.080 to correct a section
reference; and amending Section 18.04.090
to exempt cities and villages within three
miles of the corporate limits of the City
of Lincoln unless such cities and villages
consent.
Fact Sheet (12K)
PUBLIC HEARING - RESOLUTIONS
17) 14R-54 Accepting the report of new and pending
claims against the City and approving
disposition of claims set forth for
the period of January 16-31, 2014.
(AMENDED, 6-0; ADOPTED AS AMENDED, 6-0; A-88108)
Fact Sheet (7K)
Attachment (20K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS
(as required)
18) 14-16 Rededication of vacated Crestdale Road
as public right-of-way. (PASSED, 6-0; #19992)
Fact Sheet (7K)
Attachment (668K)
"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 19 THRU 21 HAD 1ST READING)
19) 14-21 Vacation No. 13005 Vacating the
north 21 feet of Holdrege Street
right-of-way from the west right-
of-way line of North 20th Circle
to the west property line of
Lot 52, I.T.
Fact Sheet (1244K)
20) 14-22 Adopting the supplements to the
Lincoln Municipal Code dated
June 2013 and December 2013 as
part of the official Lincoln
Municipal Code.
Fact Sheet (10K)
21) 14-23 Amending Section 1 of Ordinance
No. 19904 passed August 12, 2013,
relating to the pay schedules of
employees whose classifications
are assigned to the pay range which
is prefixed by the letter "A," by
amending Classification Code 4020
to revise the classification
specification for Athletics
Supervisor as set forth on
Attachment A.
Fact Sheet (39K)
Attachment (13K)
RESOLUTIONS - 1ST READING (ITEMS 22 THRU 30 HAD 1ST READING)
22) 14R- 55 Approving the City of Lincoln
Redevelopment Agreement between
Piedmont Shopping Center, LLC, and
the City of Lincoln for the Piedmont
Shopping Center Redevelopment Project
relating to the redevelopment of
property generally located at 1265
South Cotner Boulevard.(Developer
Requests 1st & 2nd Reading(Public Hearing
& Action) be combined on 2/24/14)
Fact Sheet (12K)
Attachment (8555K)
23) 14R- 56 Use Permit 149A - Application of
Yellow Roses, LLC to reduce the rear
yard setback from 50 feet to 25 feet
and to reduce the side yard setback
from 50 feet to 15 feet for development
of commercial space on property
generally located at South 27th Street
and Jamie Lane.
Fact Sheet (2895K)
24) 14R- 57 Appointing Lowell S. Berg to the
Library Board for a term expiring
August 31, 2015.
Attachment (344K)
25) 14R- 58 Reappointing Karen Nalow to the
Nebraska Capitol Environs Commission
for a term expiring January 9, 2017.
26) 14R- 59 Appointing Craig Strong to the
Lincoln-Lancaster County Board of
Health for a term expiring April 15,
2015.
Attachment (78K)
27) 14R- 60 Appointing Tom McFarland to the
Multicultural Advisory Committee for
a term expiring September 18, 2014.
Attachment (75K)
28) 14R- 61 Approving Addendum One to Contract
Award to the Home Visiting Services
Contract 59298 04 between the City of
Lincoln, on behalf of the Lincoln-
Lancaster County Health Department,
and the State of Nebraska to provide
evidence-based home visiting services
for the State of Nebraska for a term
of February 10, 2014 through June
30, 2015 with four optional annual
renewals.(Consent)
Fact Sheet (45K)
Attachment (1154K)
29) 14R- 62 Appointing Layne Sup to the Lincoln
Electric System Administrative Board
for a term expiring December 31, 2016.
Attachment (101K)
30) 14R- 63 Accepting the report of new and pending
claims against the City and approving
disposition of claims set forth for
the period of February 1 - 15, 2014.
Fact Sheet (7K)
Attachment (19K)
PENDING LIST - DATE CERTAIN
31) Application of Nebraska Entertainment
Inc. dba Lincoln Grand Cinema for a
Class I liquor license at 1101 P St.
(2/10/14 - P.H. & Action cont'd
to 3/3/14)
32) Manager application of Brian G.
Shander for Nebraska Entertainment Inc.
dba Lincoln Grand Cinema at 1101 P
St. (2/10/14 - P.H. & Action cont'd
to 3/3/14)
33) 14-13 Annexation No. 13004 - Amending the
Lincoln Corporate Limits Map by
annexing approx. 15.81 acres generally
located at Hwy. 2 and Ashbrook Dr.
(Related Items: 14-13, 14-14 &
14R-44)(2/10/14 - P.H. cont'd
(for new information only) & Action
Delayed to 3/3/14)
Fact Sheet (2259K)
Attachment (471K)
34) 14-14 Change of Zone No. 13020 - Application
of Livingston Investments for a change
of zone from AGR Agricultural Residential
District to R-4 Residential on property
generally located at Hwy. 2 and Ashbrook
Dr. (Related Items: 14-13, 14-14
& 14R-44) (2/10/14 - P.H. cont'd
(for new information only) & Action
Delayed to 3/3/14)
Fact Sheet (2261K)
35) 14R-44 Special Permit No. 13043 - Approving
the application of Livingston Investments
to develop the Broadmoor Ashbrook
Apartments Community Unit Plan to allow
up to 220 dwelling units with requested
waivers of the required block length
and building height on property generally
located at Hwy. 2 and Ashbrook Dr.(Related
Items: 14-13, 14-14 & 14R-44)(2/10/14
- P.H. cont'd (for new information only) &
Action Delayed to 3/3/14)
Fact Sheet (11895K)
Fact Sheet (14534K)
Attachment (109K)
PENDING LIST (EXTENDED ONE WEEK)
36) 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
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
Attachment (1111K)
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)
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 FEBRUARY, OPEN MICROPHONE SESSIONS WILL BE HELD ON
FEB. 10TH & 24TH.
ADJOURNMENT 6:09 P.M.
UPCOMING HEARINGS
Hearing date of Monday, March 3, 2014 at 3:00 p.m. for the
Application of Casey's Retail Company dba Casey's General Store
#2720 to expand from approximately 40' x 76' to approximately 40'
to 88' at 1001 South 13th Street.
Hearing date of Monday, March 3, 2014 at 3:00 p.m. for the
Application of Yo Java, Inc. dba Mo Java Caf? to expand from
approximately 42' x 40' to approximately 62' x 40' at 2649 North
48th Street.
Hearing date of Monday, March 3, 2014 at 3:00 p.m. for the
Manager Application of Roger Patton in connection with Risky's,
Inc. dba Risky's Sport's Bar & Grill located at 4680 Leighton
Avenue.
Hearing date of Monday, March 3, 2014 at 3:00 p.m. for the
Manager Application of Jillian Carter in connection with
Greenfield's dba Greenfield's located at 7900 South 87th
Street.
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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.
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The City Council Agenda and Action Sheet may be accessed on the
Internet at: lincoln.ne.gov
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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.