City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 6, 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) Clerk's Letter and Mayor's Approval of Resolutions and
Ordinances passed by the City Council on September 22,
2014. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
2) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 14016, to Special
Permit No. 05050, Hunters Pointe Townhomes, approved by
the Planning Director on September 23, 2014, requested
by Civil Design Group, to add 12 dwelling units
bringing the total number of dwelling units to 128 and
to revise the notes accordingly, on property generally
located at N. 18th Street and Superior Street.
3) Setting the hearing date of Mon., Oct 20, 2014 at 3:00
p.m. on the Manager Application of Kevin Reynolds for
BDF, LLC dba Captain Jacks at 140 N 12th St. (ADOPTED,
7-0; A-88563)
4) Setting the hearing date of Mon., Oct 20, 2014 at 3:00
p.m. on the Manager Application of Douglas Litz for The
Old Pub, LLC dba The Old Pub at 420 S 11th St. (ADOPTED,
7-0; A-88564)
5) Setting the hearing date of Mon., Oct 20, 2014 at 3:00
p.m. on the Application of Boulevard 333, LLC dba
Boulevard Bistro for a Class CK liquor license at
333 N. Cotner Blvd. (ADOPTED,7-0; A-88565)
6) Setting the hearing date of Mon., Oct 20, 2014 at 3:00
p.m. on the Application of Ploughshare Brewing Co. LLC,
dba Ploughshare Brewing Co for a Class L liquor license
at 1630 P St. (ADOPTED, 7-0; A-88566)
7) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
8) Application of JJ's Lounge LLC dba The Lounge for a
Class C liquor license at 2001 West O Street.
(ADOPTED FOR APPROVAL, 7-0; A-88567)
9) Manager application of Terry L. Schubert for JJ's
Lounge LLC dba The Lounge at 2001 West O Street.
(ADOPTED FOR APPROVAL, 7-0; A-88568)
10) Application of TPG Holdings LLC dba Bhupi G's Hurry
Curry for a Class AB liquor license at 1601 Q Street,
Suite D. (ADOPTED FOR APPROVAL, 7-0; A-88569)
11) Manager application of Jason A. Ables for TPG Holdings
LLC dba Bhupi G's Hurry Curry at 1601 Q Street,
Suite D. (ADOPTED FOR APPROVAL, 7-0; A-88570)
12) Manager application of Mitchell H. Martin for ZRC
Operations Company dba Qdoba Mexican Grill at 211 N.
12th Street.(ADOPTED FOR APPROVAL, 7-0; A-88571)
13) Application of Fucor Inc. dba Venue to expand it Class
CK liquor license to add an additional outdoor area
measuring approximately 19 feet by 88 feet to the west
at 4111 Pioneer Woods Drive, #100. (PUBLIC HEARING &
ACTION CONT'D FOR 1 WEEK TO 10/13/14, 7-0)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 14 THRU 16 HAD 2ND READING)
14) 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)
15) 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)
16) 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)
PUBLIC HEARING - RESOLUTIONS
17) 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.
(ADOPTED, 7-0; A-88572)
Fact Sheet (61K)
Attachment (21677K)
18) 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. (ADOPTED, 7-0; A-88573)
Fact Sheet (63K)
Attachment (673K)
19) 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. (ADOPTED, 7-0; A-88574)
Fact Sheet (133K)
Attachment (1024K)
- END PUBLIC HEARING -
ORDINANCES - 3rd READING & RELATED RESOLUTIONS (as required)
20) 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.
(PASSED, 7-0; #20095)
Fact Sheet (1001K)
21) 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. (PASSED, 7-0; #20096)
Fact Sheet (1826K)
"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 24 HAD 1ST READING)
22) 14-131 Amending Title 10 of the Lincoln Municipal Code
relating to Vehicles and Traffic to add and clarify
provisions and penalties relating to violations of snow
emergency parking bans by amending Section 10.06.110 to
clarify the authority of Parking Control Officers to
issue citations relating to snow emergency parking
violations pursuant to Chapters 10.40 and 10.41;
amending Section 10.06.120 to provide that a person
accused of parking in violation of a snow removal
district parking ban may waive arraignment and their
right to a hearing and pay a designated sum; amending
Section 10.40.120 to delete a reference to an obsolete
section; and amending Section 10.41.110 to add a
reference to the penalty section in Section 10.06.120.
Fact Sheet (74K)
23) 14-132 Approving a Real Estate Purchase Agreement between the
City of Lincoln and NEBCO, Inc. authorizing the sale of
City owned property located at 901 N. 6th Street.
Fact Sheet (11K)
Attachment (428K)
24) 14-133 Approving a Real Estate Sales Agreement between the
City of Lincoln and NEBCO, Inc. dba Western Sand &
Gravel authorizing the sale of approximately 8.46 acres
of City owned property generally located in the Lincoln
Water System Well Fields adjacent to the sand and
gravel operation in Saunders County.
Fact Sheet (91K)
Attachment (4548K)
RESOLUTIONS - 1ST READING (ITEMS 25 THRU 28 HAD 1ST READING)
25) 14R-258 Approving an Agreement between the City of Lincoln and
Lancaster County to cooperate in various road
construction, improvements and road maintenance
projects for county roads located within the three-mile
zoning jurisdiction of the City of Lincoln.
Fact Sheet (54K)
Attachment (275K)
26) 14R-259 Accepting the report of new and pending claims against
the City and approving disposition of claims set forth
for the period of September 16-31, 2014.
Fact Sheet (10K)
Attachment (23K)
27) 14R-260 Approving a Service Contract between the Nebraska
Department of Health and Human Services, Division of
Public Health Lifespan Health Unit, Women's and Men's
Health Programs, and the City of Lincoln on behalf of
the Lincoln-Lancaster County Health Department
regarding preventive health screening for a term of
September 15, 2014 through December 31, 2015.
(Consent)
Fact Sheet (92K)
Attachment (719K)
28) 14R-261 Approving an Interlocal Agreement between the City of
Lincoln and Lancaster County for Animal Control
Services provided by Lincoln-Lancaster County Health
Department Animal Control in Lancaster County and
establishing the payment of services in the event of an
emergency.
Fact Sheet (63K)
Attachment (135K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
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 OCTOBER, OPEN MICROPHONE SESSIONS WILL BE
HELD ON OCTOBER 13TH & 27TH.
ADJOURNMENT 3:26 P.M.
***
The Lincoln City Council meetings at 3 p.m. Mondays except for
holidays. One meeting a month, usually the last one, begins at 5:30
p.m. All meetings are aired live on 5 CITY-TV. They are re-aired on
Saturdays at 1 p.m. Time Warner Cable (TWC) customers with a digital
cable box or digital adapter can watch the meetings on TWC channel 5.
If your television has a built-in digital cable tuner (QAM), you will
find the meetings on channel 71.14. The meetings are also streamed
live on the Internet and available later through video-on-demand at
lincoln.ne.gov (click on the 5 CITY-TV icon).
***
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.