City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 29, 2014 AT 5:30 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-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. (ADOPTED, 7-0; A-88557)
Fact Sheet (66K)
Attachment (2251K)
2) Clerk's Letter and Mayor's Approval of Resolutions and
Ordinances passed by the City Council on Sept. 15, 2014
(except for Resolution A-88539 which was presented to
the Mayor on 9/16/14). (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
3) REFERRED TO THE PLANNING DEPT.:
Change of Zone 14026, from AG Agricultural
District to I-1 Industrial District and H-3 Highway
Commercial District, generally located at S.W. 56th St.
and W. O St.
Pre-Existing Special Permit 40A, amending the
special permit for excavation and stone milling to show
existing and future buildings and to allow an
additional access to S. 54th St., generally located at
S. 54th St. and Wittstruck Rd. The Planning Commission
action is final, unless appealed to the City Council.
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;
to eliminate stone milling as a separate permitted use;
and to clarify that pre-existing excavation operations
may not meet all conditions; and repealing Section
27.63.160 of the Lincoln Municipal Code as hitherto
existing.
4) PLACED ON FILE IN THE OFFICE OF THE CITY
CLERK:
Administrative Amendment 14065, to Special
Permit 1576, Country View Estates Community Unit Plan,
approved by the Planning Director on September 16,
2014, requested by Lincoln Housing Authority, to remove
the trail connection in Outlot G, on property generally
located at S. 56th St. and Union Hill Rd.
Waiver to Design Standards 14009, approved by
the Planning Director on September 19, 2014, requested
by Brown Design Associates, to adjust the Design
Standard for Outdoor Lighting to allow outdoor lighting
to exceed 0.5 horizontal foot-candles at the east
property line of Lincoln Immanuel Lutheran Church
generally located at 2001 S. 11th St.
Administrative Amendment 14064, to Preliminary
Plat 04017, Twin Pines Estates, approved by the
Planning Director on September 22, 2014, requested by
ESP Engineering, to modify the grading plan and to
correct the Minimum Opening Elevation table, on
property generally located at SW 33rd St. and
Denton Rd.
5) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
6) 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 St. 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.
(9/22/14 - Public Hearing & Action cont'd for 1 week
to 9/29/14)(ADOPTED, 7-0; A-88558)
7) Application of Hy-Vee Inc.
dba Hy-Vee Gas for a Class D liquor license at 7101
Pioneers Blvd.(ADOPTED, 7-0; A-88559)
8) Manager application of Scott A. Schlatter for Hy-Vee
Inc. dba Hy-ee Gas at 7101 Pioneers Blvd.
(ADOPTED, 7-0; A-88560)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED
RESOLUTIONS (as required) (ITEMS 9 THRU 10 HAD 2ND READING)
9) 14-126 Vacation 14006 - Vacating
13 feet of the Y St. right-of-way east of 10th St.
generally located adjacent to 1018, 1020, 1022,
1024, 1036, 1048, and 1052 Y St.
Fact Sheet (1001K)
10) 14-127 Vacation 14007 - Vacating
the right-of-way stub of Sherman Ct. adjacent to Outlot B,
Van Dorn Meadows 1st Addition, generally located at
Sherman St. and Holmes Park Rd.
Fact Sheet (1826K)
PUBLIC HEARING - RESOLUTIONS
11) 14R-253 Approving a schedule of
fees the City may charge during FY 2014/15 and 2015/16 for
ambulance service. (ADOPTED, 7-0; A-88561)
Fact Sheet (234K)
Attachment (111K)
12) 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.
(ADOPTED, 7-0; A-88562)
Fact Sheet (10K)
Attachment (23K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)- NONE b>
"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 13 THRU 15
HAD 1ST READING)
13) 14-128 Amending Section 2.76.365 of the Lincoln Municipal Code
relating to Hours of Work to provide that employees
with a pay range prefixed by "E" who are eligible to
retire will be required to retire within one year from
the date they elect to reduce their hours.
Fact Sheet (44K)
14) 14-129 Amending the pay schedule for the employee group whose
classifications are assigned to the pay range prefixed
by the letter "M" to change the pay range of Building &
Safety Manager from M03 to M02.
Fact Sheet (41K)
15) 14-130 Change of Zone 14025 - Application of B&J Partnership
Ltd. for a change of zone to designate the
O'Connell/Galbraith House as an Historic Landmark, on
property generally located at S. 9th St. and G St.
Fact Sheet (2207K)
Attachment (1259K)
RESOLUTIONS - 1st READING (ITEMS 16 THRU 18 HAD 1ST READING)
16) 14R-252 Assessing Public Health Nuisance Abatement costs
associated with the clearing of public nuisances by the
Health Department to the following benefitted
properties: 504 N. 24th, 918 S. 16th, 3610 Mohawk, 245
F, 3928 S. 14th, 1645 Washington, 347 S. 26th, 2140 W.
Plum, 2975 Holdrege, 2019 Pepper, 4225 S. 40th, 6031
Cornhusker, 1430 N. 26th, 2942 N. 51st, 2248 Sheldon,
926 Washington, 6338 Hartley, 1336 N. 39th, 2630
Orchard, 2241 Holdrege, 1937 Garfield, 7124 Havelock,
1336 N. 39th, 1640 N. 21st, 6420 Holdrege, 1745 Sumner,
2335 Marilynn, 6031 Cornhusker, 1430 N. 53rd.
Fact Sheet (61K)
Attachment (21677K)
17) 14R-256 Approving a Conservation Easement Agreement between the
City of Lincoln and Elsey Partnership, Inc. to preserve
the flood storage capacity on property described as the
south 88 feet of Lot 29, Block 15, Cahn Metcalf and
Farwell's Subdivision generally located at 11th and Y
Sts.
Fact Sheet (63K)
Attachment (673K)
18) 14R-257 Authorizing an application to the Nebraska Game & Parks
Commission for Land and Water Conservation grant
funding assistance for the renovation of Lakeview Park
located at N.W. 20th and Q Sts.
Fact Sheet (133K)
Attachment (1024K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED 1 WEEK, SEE ITEMS 24, 25 & 26)
19) 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)
20) 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)
21) 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)
22) 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)
23) 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)
24) 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:
14-65, 14-67, 14R-161) (6/23/14 - Action delayed
for 2 weeks to 7/14/14 w/ Cont'd P.H.) (7/14/14 -
P.H & Action Delayed until 8/18/14, 7-0) (8/18/14
- P.H. & Action cont'd until 9/8/14)
(9/8/14 - Placed on Pending, No Date
Certain) (Request of Applicant to
Withdraw) (WITHDRAWN, 7-0; #38-4651)
Fact Sheet (84K)
Attachment (918K)
25) 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: 14-65, 14-67, 14R-161)
6/23/14 - Action delayed for 2 weeks to 7/14/14
w/ Cont'd P.H.) (7/14/14 - P.H. & Action Delayed
until 8/18/14, 7-0) (8/18/14 - P.H. & Action
cont'd until 9/8/14) (9/8/14 - Placed on
Pending, No Date Certain) (Request of
Applicant to Withdraw)(WITHDRAWN, 7-0; #38-4652)
Fact Sheet (3609K)
Attachment (440K)
26) 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:
14-65, 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 - P.H. & Action Delayed until 8/18/14, 7-0)
(8/18/14 - P.H. & Action cont'd until 9/8/14)
(9/8/14 - Placed on Pending, No Date Certain)
(Request of Applicant to Withdraw)
(WITHDRAWN, 7-0; #38-4653)
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 6:09 P.M.
UPCOMING HEARINGS
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.
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.
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 caf? measuring approx. 19' x 88' to the west of the
licensed premise at 4111 Pioneer Woods Dr., #100.
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.
***
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
***
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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.