City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JUNE 30, 2014 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT COOK, GAYLOR BAIRD
DUE TO THE JULY 4TH HOLIDAY, THERE WILL BE NO
CITY COUNCIL MEETING MON., JULY 7TH
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) 14R-168 Reappointing Emily Casper, Luann Finke, and Scott E.
Hofeling to the Community Forestry Advisory Board for a
term expiring August 14, 2017. (ADOPTED, 5-0; A-88349)
2) 14R-169 Reappointing Kathleen Neary, Rick Poore and Donald R.
Stading to the Charter Revision Commission for a term
expiring July 15, 2018. (ADOPTED, 5-0; A-88350)
3) 14R-170 Reappointing Heather Baker, Roger (R.J.) Lipert and
Russell F. Miller to the Alarm Review Board for a term
expiring July 1, 2016. (ADOPTED, 5-0; A-88351)
4) 14R-171 Reappointing Paul Barnett, Steven Eggland, John Neal to
the Telecommunication/Cable Television Advisory Board
for a term expiring July 1, 2017. (ADOPTED, 5-0; A-88352)
5) 14R-172 Appointing Sherrie Nelson to the Parks and
Recreation Advisory Board for a term expiring
April 27, 2015. (ADOPTED, 5-0; A-88353)
Attachment (43K)
6) 14R-173 Appointing Olive Martin and Emily Graul to the Parks
and Recreation Advisory Board for a term expiring June
1, 2015. (ADOPTED, 5-0; A-88354)
Attachment (63K)
7) Clerk's Letter and Mayor's Approval of Resolutions and
Ordinances passed by the City Council on June 16, 2014.
(PLACED ON FILE)
8) Report from City Treasurer of City Cash on hand at the
close business May 31, 2014. (PLACED ON FILE)
9) Lincoln Electric System's Financial & Operating
Statement for May, 2014. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
10) Setting the hearing date of Mon., July 14, 2014 at 3:00
p.m. for the Manager Application of Joshua Gilbert for
Sunmart 731 at 2600 S. 48th St. & Sunmart 738
at 2145 S. 17th St. (ADOPTED, 5-0; A-88355)
11) Setting the hearing date of Mon., July 14, 2014 at 3:00
p.m. for the Application of TP Lincoln, LLC dba Twin
Peaks for a Class C w/ Catering Liquor License at 800 Q
St. (ADOPTED, 5-0; A-88356)
12) Setting the hearing date of Mon., July 14, 2014 at 3:00
p.m. for the Application of Aldi Inc dba Aldi #25 for a
Class D Liquor License at 8350 O St. (ADOPTED, 5-0;
A-88357)
13) Setting the hearing date of Mon., July 14, 2014 at 3:00
p.m. for the Application of Aldi Inc dba Aldi #27 for a
Class D Liquor License at 8701 S 28th St. (ADOPTED, 5-0;
A-88358)
14) Setting the hearing date of Mon., July 14, 2014 at 3:00
p.m. for the Application of Zipline Brewing Co. dba
Zipline Brewing Co. for Class A & Class B Liquor
Licenses w/ Catering at 2100 Magnum Circle. (ADOPTED,
5-0; A-88359)
15) Setting the hearing date of Mon., July 14, 2014 at 3:00
p.m. for the Application of Salt Valley Spirits LLC dba
Salt Valley Spirits for a Class Z (Microdistillery)
Liquor License at 500 W. South St., Suite 8.
(ADOPTED, 5-0; A-88360)
16) Setting the hearing date of Mon., July 14, 2014 at 3:00
p.m. for the Application of James Arthur Vineyards LLC
dba James Arthur Vineyards Tasting Outlet/From Nebraska
Gift Shop to expand their existing Class YC Liquor
License to now include an irregular shaped outdoor area
measuring approx. 80' x 12' x 18' at 803 Q St. (ADOPTED,
5-0; A-88361)
17) Setting the hearing date of Mon., July 14, 2014 at 3:00
p.m. for the Application of Canopy Concepts LLC dba
Jack & June to expand their existing Class C Liquor
License to modify the outdoor area from 8' x 12' and
mezzanine to 8' x 66' x 62' and mezzanine at 300 Canopy
St., Suite 150. (ADOPTED, 5-0; A-88362)
18) Setting the hearing date of Mon., July 21, 2014 at 3:00
p.m. for the Application of One Family LLC dba Alsultan
Lounge for a Class CCB (Cigar Bar) Liquor License at
1637 P St., Suite F. (ADOPTED, 5-0; A-88363)
19) Setting the hearing date of Mon., July 21, 2014 at 3:00
p.m. for the Application of Arena Inc dba The Foxy,
holder of a Class C Liquor License, for reconstruction
of their existing establishment at 1823 O St. (ADOPTED,
5-0; A-88364)
20) Setting the hearing date of Mon., July 21, 2014 at 3:00
p.m. for the Manager Application of Amy Dickerson for
Lancaster Event Center at 4100 N. 84th St. (ADOPTED, 5-0;
A-88365)
21) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 14015 to Special
Permit No. 08034, Whispering Meadows Community Unit
Plan, requested by Aspen Builders, approved by the
Planning Director on June 18, 2014, to adjust lot lines
and add 2 additional single family lots; place the
pedestrian easement in an outlot; adjust the grading
and drainage plan removing all lots from the flood
plain; relocate the access easement to Outlot A; revise
general note #2 to state that setbacks are per the
zoning district; and rescind Special Permit No. 08034A
so that the conditions of Special Permit No. 08034
apply instead. Property is generally located at S.W.
27th St. and West "A" St.
22) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
23) Application of CashNobb Food LLC dba Sam & Louie's New
York Pizzeria for a Class I l liquor license at 1501
Pine Lake Road. (ADOPTED FOR APPROVAL, 5-0; A-88366)
24) Manager application of Randy L. Cash for CashNobb Food
LLC dba Sam & Louie's New York Pizzeria at 1501 Pine
Lake Road. (ADOPTED FOR APPROVAL, 5-0; A-88367)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
(as required) (ITEMS 25 & 26 HAD 2ND READING)
25) 14-76 Annexation 14003 - Amending the Lincoln Corporate
Limits Map by annexing approximately 34 acres
generally located at S. 63rd St. and Yankee Hill
Rd. (Related Items: 14-76, 14-77)
Fact Sheet (4370K)
Attachment (622K)
26) 14-77 Change of Zone 04075E - Amending the Village
Gardens Planned Unit Development by expanding the
boundary by approximately 34 acres; for a change
of zone from AG Agricultural District to R-3
Residential District PUD; for a Planned Unit
Development District designation of said property;
and for a development plan which proposes
modifications to the Zoning Ordinance and Land
Subdivision Ordinance to allow an elderly and
retirement housing facility and an additional 92
single-family dwelling lots on the underlying R-3
zoned area, on property generally located at S.
63rd St. and Yankee Hill Rd. (Related Items:
14-76, 14-77)
Fact Sheet (46K)
Attachment (1712K)
PUBLIC HEARING - RESOLUTIONS
27) 14R-167 Comp. Plan Amendment 14003 - Amending the 2040
Lincoln-Lancaster County Comprehensive Plan to adopt
the Lincoln Water System Facilities Master Plan.
(ADOPTED, 5-0; A-88368)
Fact Sheet (33K)
Attachment (699K)
Lincoln Water System Facilities Master Plan (9.3M)
28) 14R-174 Approving a Redevelopment Agreement between the City of
Lincoln and KFA 1208, LLC for the renovation of the
third and fourth floors of the existing structure at
1208 O St. (MTA #1 ADOPTED, 5-0; ADOPTED AS AMENDED,
5-0; A-88369)
Fact Sheet (87K)
Attachment (1966K)
Motion To Amend (122K)
29) 14R-175 Accepting the report of new and pending claims against
the City and approving disposition of claims set forth
for the period of June 1-15, 2014. (ADOPTED, 5-0; A-88370)
Fact Sheet (10K)
Attachment (21K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
30) 14-71 Text Amendment 14004 - Amending Section 27.63.320
relating to special permits to allow community
unit plans in the R-7 and R-8 zoning district by
special permit; amending Section 27.65.020,
Community Unit Plan Requirements, to allow
community unit plans in the R-7 and R-8 zoning
districts and providing for the calculation of the
maximum permitted density thereof; amending the
catchhead of Section 27.65.070 to reflect its
applicability to community unit plans in the R-7
and R-8 zoning districts; amending Section
27.65.090 relating to parking within community
unit plans to allow the Planning Commission to
make certain modifications to the parking requirements
set forth in Chapter 27.67; amending Section 27.67.040
to establish the parking requirement for Dwellings
for Nonrelated Persons for four to six persons living
as a single housekeeping unit permitted under a community
unit plan as one space per resident; and amending Section
27.67.065 to delete special parking requirements for
community unit plans. (Related Items: 14-71, 14R-166)
(PASSED, 5-0; #20043)
Fact Sheet (47K)
31) 14R-166 Text Amendment 14005 - Application of Elsey Partners to
amend Chapter 3.35 of the Design Standards for
Community Unit Plans to provide maximum density
standards for the R-7 and R-8 Residential Zoning
Districts and to provide for the calculation of a total
maximum density and maximum cluster density for
dwelling units when the property within the boundaries
of a CUP includes property located in more than one
residential zoning district. (Related Items: 14-71,
14R-166) (Action Date: 6/30/14) (ADOPTED, 5-0; A-88371)
Fact Sheet (47K)
Attachment (94K)
32) 14R-164 Comp. Plan Conformance 14011 - Approving the Antelope
Valley Redevelopment Plan to add the "Eleven Hundred Y
St. Project" for 126 dwelling units on approximately
2.2 acres, generally located between 10th St. on the
west, Y St. on the south, N. 12th St. on the east and
the east/west alley between Y St. and Charleston St. on
the north. (Related Items: 14R-164, 14-73)
(Action Date: 6/30/14) (ADOPTED, 5-0; A-88372)
Fact Sheet (5483K)
Attachment (10808K)
33) 14-73 Change of Zone 14011 - Application of Elsey
Partners for a change of zone from B-3 Commercial
District, R-4 Residential District and I-1
Industrial District to R-8 Residential District on
property generally located at N. 10th St. and Y
St. (Related Items: 14R-164, 14-73) (PASSED, 5-0;
#20044)
Fact Sheet (871K)
34) 14-74 Approving a StarTran Transportation Agreement
between the City of Lincoln and the Board of
Regents of the University of Nebraska to expand
the existing transit service to include service
from both campuses to Innovation Campus for a term
of August 24, 2015 through August 14, 2020.
(PASSED, 5-0; #20045)
Fact Sheet (111K)
Attachment (828K)
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. (HELD OVER TWO WEEKS TO 07/14/14
DUE TO LACK OF REQUIRED MAJORITY VOTE; ASSENTING:
EMERY, ESKRIDGE, FELLERS; DISSENTING: CAMP,
CHRISTENSEN; ABSENT: COOK, GAYLOR BAIRD)
Fact Sheet (115K)
Attachment (866K)
"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 36 THRU 40 HAD 1ST READING)
36) 14R-178 Approving the PCE Phase 2 Redevelopment Agreement
between PCE, Inc. and the City of Lincoln relating to
the redevelopment of the properties generally located
at 1711, 1735 and 1801 Yolande Ave. for construction of
approximately 87,500 square feet of office,
manufacturing and warehouse space. (Related Items:
14R-178, 14R-179, 14-78) (Action Date:
7/21/14)
Fact Sheet (90K)
Attachment (729K)
37) 14R-179 Amending the FY 13/14 CIP to authorize and appropriate
$1,426,000 in TIF funds for the PCE - Phase 2 Project
on property generally located at 1711, 1735 and 1901
Yolande Ave. (Related Items: 14R-178, 14R-179, 14-
78) (Action Date: 7/21/14)
Fact Sheet (64K)
38) 14-78 Authorizing the issuance of PCE - Phase 2 Project
Tax Allocation Bonds in an amount not to exceed
$1,250,000. (Related Items: 14R-178, 14R-179,
14-78)
Fact Sheet (105K)
39) 14-79 Approving a Property Purchase and Sale Agreement
between the City of Lincoln and Lincoln Public
Schools to sell 25.73 acres of Jensen Park
Property for a new middle school and YMCA
generally located at the southeast corner of 84th
Street and Yankee Hill Road.
Fact Sheet (149K)
Attachment (2795K)
40) 14-80 Approving a Conduit System Lease Agreement between
the City of Lincoln and Unite Private Networks LLC
for the use of space in the City's underground
conduit generally located at 8th and R Streets for
a five year term.
Fact Sheet (10K)
Attachment (2327K)
RESOLUTIONS - 1ST READING (ITEMS 41 THRU 44 HAD 1ST READING)
41) 14R-176 Approving an Interlocal Agreement between the Nebraska
Department of Administrative Services and the City of
Lincoln and Lancaster County for the purpose of
providing and procuring printing services and
subsequent mailing services for a four year term with
the option to renew for one additional four year term.
(Consent)
Fact Sheet (66K)
Attachment (143K)
42) 14R-177 Approving an Interlocal Agreement between the City of
Lincoln and Lancaster County on behalf of Lancaster
County Corrections Community Service Program to conduct
roadside litter pickup along county roads by inmates
and to provide supervision of the inmates for a term of
July 1, 2014 through no longer than December 31, 2014.
Fact Sheet (63K)
Attachment (357K)
43) 14R-181 Approving a Contract Agreement between the City of
Lincoln, Lancaster County, the Lincoln-Lancaster County
Public Building Commission, and NCS, Inc., NMC, Inc.
and Hamilton Equipment Co. for the annual requirements
for Equipment and Accessory Rental, pursuant to Bid No.
14-137, for a three year term with the option to renew
for one additional three year term. (Consent)
Fact Sheet (69K)
Attachment (15352K)
44) 14R-182 Approving a Contract Agreement between the City of
Lincoln and Veolia Technical Solutions, LLC to provide
waste disposal for the Lincoln Lancaster County Health
Department, through cooperative purchasing with the
University of Nebraska Waste Disposal Contract, for a
two year term with the option to renew for three
additional one year terms. (Consent)
Fact Sheet (68K)
Attachment (1455K)
PENDING LIST - DATE CERTAIN
45) 14-65 Approving a Real Estate Sales Agreement for the
sale of approximately 9.37 acres of surplus
property generally located at 2201 S. 84th St. to
the Lincoln Housing Authority. (Related Items:
14-66, 14-65, 14-67, 14R-161) (6/23/14 -
Action delayed for 2 weeks to 7/14/14 w/ Cont'd
P.H.)
Fact Sheet (84K)
Attachment (918K)
46) 14-67 Change of Zone 14012 - Application of the Lincoln
Housing Authority for a change of zone from R-1
Residential District and P Public Use District to
R-3 Residential District and from R-1 Residential
District to P Public Use District on property
generally located at S. 84th St. and South St.
(Related Items: 14-66, 14-65, 14-67, 14R-
161) (6/23/14 - Action delayed for 2 weeks
to 7/14/14 w/ Cont'd P.H.)
Fact Sheet (3609K)
Attachment (440K)
47) 14R-161 Special Permit 14009 - Application of Lincoln Housing
Authority to develop the Lincoln Housing Authority 84th
St. Site Community Unit Plan for 72 dwelling units,
with a requested waiver to allow more than 40 dwelling
units on a dead end street, on property generally
located at S. 84th St. and South St. (Related Items:
14-66, 14-65, 14-67, 14R-161) (Action Date 6/23/14)
(6/23/14 - Action delayed for 2 weeks to 7/14/14 w/
Cont'd P.H.)
Fact Sheet (6150K)
Attachment (344K)
PENDING LIST (EXTENDED TWO WEEKS)
48) 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
49) 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)
50) 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)
51) 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)
52) 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)
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 JUNE, OPEN MICROPHONE SESSIONS WILL BE HELD
ON JUNE 9TH & 30TH.
ADJOURNMENT 6:53 P.M.
***
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.