City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 22, 2014 AT 3:00 P.M.
ALL MEMBERS PRESENT
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-249 Reappointing Tom Beckius, Loren Mestre-Roberts, and Dr.
Charles Wilson to the Community Health Endowment Board
for terms expiring September 1, 2017. (ADOPTED, 7-0; A-88541)
2) Report regarding Settlement Agreement under Neb. Rev.
Stat. §84-713 (Non-tort Claims) with Ayubzai.
(PLACED ON FILE)
3) Clerk's Letter and Mayor's Approval of Resolutions and
Ordinances passed by the City Council on Sept. 8, 2014.
(PLACED ON FILE)
4) Clerk's Letter and Mayor's Approval of Resolution A-
88539 adopted by the City Council on Sept. 15, 2014.
(PLACED ON FILE)
5) Lincoln Electric System Financial & Operating Statement
for Aug. 2014. (PLACED ON FILE)
6) Report from City Treasurer of Telecommunication Tax for
the Month of August, 2014. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
7) Setting the hearing date of Mon., Oct. 6, 2014 at 3:00
p.m. on the Application of TPG Holdings LLC dba Bhupi
G's Hurry Curry for a Class AB Liquor License at 1601 Q
St., Suite D. (ADOPTED, 7-0; A-88542)
8) Setting the hearing date of Mon., Oct. 6, 2014 at 3:00
p.m. on the Application of JJ's Lounge LLC dba The
Lounge for a Class C Liquor License at 2001 W. O St.
(ADOPTED, 7-0; A-88543)
9) Setting the hearing date of Mon., Oct. 6, 2014 at 3:00
p.m. on the Application of Fucor, Inc. dba Venue for an
addition of a second sidewalk cafe measuring approx.
19' x 88' to the west of the licensed premise at 4111
Pioneer Woods Dr., #100. (ADOPTED, 7-0; A-88544)
10) Setting the hearing date of Mon., Oct. 6, 2014 at 3:00
p.m. on the Manager Application of Mitchell Martin for
ZRC Operations Co. dba Qdoba Mexican Grill at 211 N.
12th St. (ADOPTED, 7-0; A-88545)
11) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Permit No. 14003, approved by the
Planning Director on August 29, 2014, to operate a
temporary concrete paving plant per Section 27.62.150
(g) of the Lincoln Municipal Code, through October 1,
2016, on property generally located near N.W.
56th Street and W. O Street.
Administrative Amendment No. 14037, to Use Permit
Pre-Existing Special Permit #40, Schwarck Quarry
Excavation and Stone Milling Special Permit, approved
by the Planning Director on September 10, 2014,
requested by Civil Design Group, Inc., to allow a
second drive from Lot 22 to S. 54th Street and
to show general building locations on Lot 19, on
property generally located at S. 54th Street
and Wittstruck Road.
Administrative Amendment No. 14060, to Use Permit
#97A, Aspen 3rd Addition, approved by the Planning
Director on September 10, 2014, requested by ESP
Engineering, to reduce the rear and front yard
setbacks from 40 feet to 20 feet on Lots 8, 10 and 11,
on property generally located at S. 56th Street
and Pine Lake Road.
Administrative Amendment No. 14061, to Stevens
Creek Pointe Community Unit Plan, approved by the
Planning Director on September 15, 2014, requested by
ESP Engineering, to revise minimum floor elevations and
change to minimum opening elevations on Lots 1, 2 and
3, Block 3 and to add minimum opening elevations to
Lots 3 and 4, Block 2.
12) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
13) Application of Red Lobster Hospitality LLC dba Red
Lobster 236 for a Class I liquor license at 6540 O
Street. (ADOPTED FOR APPROVAL, 7-0; A-88546)
14) Manager application of Sean B. Korth for Red Lobster
Hospitality LLC dba Red Lobster 236 at 6540 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-88547)
15) Application of MLogic Holdings LLC
dba Tilted Kilt Pub & Eatery for a Class I liquor license at
6100 O Street. (ADOPTED FOR APPROVAL, 7-0; A-88548)
16) Manager application of Seth T. Lind for MLogic LLC dba
Tilted Kilt Pub & Eatery at 6100 O Street.(ADOPTED FOR APPROVAL,
7-0; A-88549)
17) Application of Pies & Pints LLC dba Pies &
Pints for a special designated license to cover an area measuring
approximately 348 feet by 40 feet in 8th Street between
R and Q Streets on September 26, 2014 from 5:00 p.m. to
12:00 a.m. (ADOPTED FOR DENIAL, 5-2; EMERY, FELLERS DISSENTING;
A-88550)
18) Application of Rhinodynamics Inc.
dba Duffy's Tavern for a special designated license to cover an area
measuring approximately 55 feet by 51 feet at 1412 O
Street on October 10, 2014 from 5:00 p.m. to 2:00 a.m.
and October 11, 2014 from 4:00 p.m. to 2:00 a.m. (P.H. & ACTION
DELAYED ONE WEEK TO 09/29/14, 7-0)
19) Application of Henry Mac LLC dba Henry's on South for a
special designated license to cover an area measuring
approximately 300 feet by 120 feet at 2110 Winthrop
Road on October 10, 2014 from 4:00 p.m. to 12:00 a.m.
and October 11, 2014 from 12:00 p.m. to 12:00 a.m.
(ADOPTED FOR APPROVAL, 7-0; A-88551)
20) Application of BDF, LLC dba Captain Jacks for a special
designated license to cover an area measuring
approximately 350 feet by 350 feet in the parking lot
at 605 N. 8th Street on October 11, 2014 from 12:00
p.m. to 12:00 a.m. (ADOPTED FOR APPROVAL, 7-0; A-88552)
21) Application of Box Awesome LLC dba Box Awesome's
Bourbon Theatre for a special designated license to
cover an area in 13th Street from M to O Streets and N
Street from 12th to 13th Streets on October 16, 2014
from 5:00 p.m. to 11:00 p.m. (ADOPTED FOR APPROVAL, 7-0; A-88553)
22) Application of Bwitched Two Inc. dba Bison Wiches Bar &
Deli to expand its Class C liquor license to include an
approximately 56 feet by 26 feet irregular shaped
outdoor area at 1320 P Street, Suite 100.
(ADOPTED FOR APPROVAL, 7-0; A-88554)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as
required) - NONE
PUBLIC HEARING - RESOLUTIONS
23) 14R-250 Pre-Existing Use Permit 3AD - Amending the pre-existing
use permit by waiving provisions of the sign ordinance
to allow banner signs in the parking lot, on property
generally located at Gateway Shopping Center at S. 66th
Street and O Street. (ADOPTED FOR APPROVAL, 7-0; A-88555)
Fact Sheet (82K)
24) 14R-251 Approving a Municipality Program Agreement between the
City of Lincoln and the Nebraska Dept. of Roads for a
project to rehabilitate Link 55W between US 77 and
Highway 2 (Warlick Boulevard and 14th Street), Project
No. S-L55W(1021), Control No. 13224.(ADOPTED FOR APPROVAL,
7-0; (A-88556)
Fact Sheet (70K)
Attachment (489K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
25) 14-124 Change of Zone 10018A - Application of Nebraska Nova,
LLC, to amend the Nebraska Innovation Campus Planned
Unit Development to delete land from the PUD by
changing the zoning from O-3 Office Park District PUD
to P Public Use and to add land to the PUD by changing
the zoning from P Public Use to O-3 Office Park
District PUD on property generally located at North
Antelope Valley Parkway and Salt Creek Roadway.
(PASSED, 7-0; #20092)
Fact Sheet (5740K)
Attachment (395K)
26) 14-125 Change of Zone 14024 - Application of Farmer's Co-
operative for a change of zone from AGR Agricultural
Residential District to AG Agriculture District on
approximately 22 acres of property generally located at
8800 W. Haven Road, Emerald, Nebraska. (PASSED, 7-0; #20093)
Fact Sheet (617K)
27) 14-112 Approving the close out of completed construction
projects and transfer of unspent appropriations and
cash (if any) from various projects to projects where
additional funding is needed within the Public Works &
Utilities Department and the Parks & Recreation
Department. (8/25/14 - Placed on Pending Date
Certain for Action Only on 9/22/14)(PASSED, 7-0; #20094)
Fact Sheet (20K)
"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 28 & 29 HAD 1ST READING)
28) 14-126 Vacation 14006 - Vacating 13 feet of the Y Street
right-of-way east of North 10th Street generally
located adjacent to 1018, 1020, 1022, 1024, 1036, 1048,
and 1052 Y Street.
Fact Sheet (1001K)
29) 14-127 Vacation 14007 - Vacating the right-of-way stub of
Sherman Court adjacent to Outlot B, Van Dorn Meadows
1st Addition, generally located at Sherman Street and
Holmes Park Road.
Fact Sheet (1826K)
RESOLUTIONS - 1ST READING(ITEMS 30 THRU 32 HAD 1ST READING)
30) 14R-253 Approving a schedule of fees the City may charge during
FY 2014/15 and 2015/16 for ambulance service.
Fact Sheet (234K)
Attachment (111K)
31) 14R-254 Accepting the report of new and pending claims against
the City and approving disposition of claims set forth
for the period of September 1 - 15, 2014.
Fact Sheet (10K)
Attachment (23K)
32) 14R-255 Approving a Contract Agreement between the City of
Lincoln and Hemocue America for the annual requirements
for HemoCue Microcuvettes, pursuant to Quote No. 4887,
for a four year term.
Fact Sheet (66K)
Attachment (2251K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED 1 WEEK)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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.)
(7/14/14 - Public Hearing & Action Delayed until
8/18/14, 7-0) (8/18/14 - Public Hearing & Action
cont'd until 9/8/14) (9/8/14 - Placed on
Pending, No Date Certain)
Fact Sheet (84K)
Attachment (918K)
39) 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.) (7/14/14 - Public Hearing &
Action Delayed until 8/18/14, 7-0) (8/18/14 -
Public Hearing & Action cont'd until 9/8/14)
(9/8/14 - Placed on Pending, No Date
Certain)
Fact Sheet (3609K)
Attachment (440K)
40) 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.) (7/14/14 - Public Hearing & Action Delayed
until 8/18/14, 7-0) (8/18/14 - Public Hearing & Action
cont'd until 9/8/14) (9/8/14 - Placed on
Pending, No Date Certain)
Fact Sheet (6150K)
Attachment (344K)
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 SEPTEMBER, OPEN MICROPHONE SESSIONS WILL BE
HELD ON SEPTEMBER 15TH & 29TH.
ADJOURNMENT 3:53 P.M.
UPCOMING HEARINGS
Hearing Date of Monday, September 29, 2014 at 5:30 p.m. on the
Application of Hy-Vee Inc. dba Hy-Vee Gas for Class D Liquor
License at 7101 Pioneers Blvd.
***
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.