City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
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.