City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 13, 2014 AT 3:00 P.M.
ALL PRESENT EXCEPT: COOK, FELLERS
MAYOR'S AWARD OF EXCELLENCE
FOR THE MONTH OF SEPTEMBER, 2014 WAS PRESENTED TO
SERGEANT JEFF BUCHER OF THE LPD CRIMINAL INVESTIGATIONS DIVISION
IN THE CATEGORIES OF CUSTOMER RELATIONS, PRODUCTIVITY, AND SAFETY
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-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.
(ADOPTED, 5-0; A-88575)
Fact Sheet (92K)
Attachment (719K)
2) Clerk's Letter and Mayor's Approval of Resolutions and
Ordinances passed by the City Council on September 29,
2014. (PLACED ON FILE)
3) Report regarding Settlement
Agreement under Neb. Rev. Stat. §84-713
(Non-Tort Claims) with Mark Sullivan. (PLACED ON FILE)
4) Report from City Treasurer of City Cash on hand at the
close of business August 31, 2014. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
5) Setting the hearing date of Mon., Oct. 27, 2014 at 5:30
p.m. on the Application of PRA Inc dba Misty's
Steakhouse & Brewery for a deletion to their sidewalk
caf? area at 200 N. 11th St. (ADOPTED, 5-0; A-88576)
6) Setting the hearing date of Mon., Oct. 27, 2014 at 5:30
p.m. on the Application of TPG Holdings Inc dba The Hot
Mess for an addition of an outdoor area measuring
approx. 5' x 14' to the east at 408 S. 11th St.
(ADOPTED, 5-0; A-88577)
7) REFERRED TO THE PLANNING DEPARTMENT:
Special Permit 2022E, requested by Stone Ledge
Village, LLC, to revise the lot layout; to amend the
use restrictions in Note 23 to allow the potential for
Lot 2 of Pine Lake Heights South 17th Addition to be
used for additional parking area; and to adjust
commercial square footages, on property legally
described as Lots 4 and 5, Pine Lake Heights South 16th
Addition, and Lot 2, Pine Lake Heights South 17th
Addition, located in the SW 1/4 of Section 19-9-7,
Lincoln, Lancaster County, Nebraska, generally located
at the northeast corner of South 27th Street and Jamie
Lane. The Planning Commission action is final, unless
appealed to the City Council.
Text Amendment 14007, requested by Planning
Director, amending Title 27 of the Lincoln Municipal
Code to (1) correct errors made in previous text
amendments and to clarify existing language without
changing the intent of the language by amending Section
27.02.200 to clarify the definition of "story" to
provide for a more clear understanding of where the
first story of a structure begins; amending Section
27.06.160 relating to the Major Entertainment and Event
Use Group to provide guidance as to when a venue should
be classified as "major event entertainment," e.g. 500
seats or more; amending Section 27.06.170 by amending
the Use Group Table to designate Cabinet Shops and
Stores as a conditional use in the H-2 zoning district;
amending Sections 27.61.040 and 27.61.050 to add "or
this Chapter" as a reference to clarify what methods
can be used to structurally alter, reconstruct, or
restore a nonconforming structure; amending Section
27.67.066 to update parking for H-3 uses to reflect
specific uses that were allocated a parking reduction
prior to Use Groups approval; amending Section
27.69.030 general provisions for signs to clarify that
roof signs are permitted but are regulated under
Section 27.69.310, to require a certain spacing between
the location of any sign and an abutting residential
premises located in a residential district, and to
clarify that in all zoning districts, except for the
O-1, O-2, and R-T districts, more than one sign per
architectural elevation per building is allowed,
provided that the total sign area of such wall signs
shall not exceed 30% per architectural elevation and no
wall sign shall exceed 500 square feet in sign area;
amending Section 27.69.240 to clarify that menu boards,
although a type of freestanding sign, have their own
regulations; amending Section 27.69.290 to clarify that
window signs are not counted toward the allocated
percentage of wall signage; amending Section 27.69.310
to insert language needed for consistency between this
section and Section 27.69.030; amending Section
27.72.180 to provide that a commercial use abutting a
residential district does not need to comply with the
residential district provisions if the adjacent land in
the residential district may be used for a commercial
use under a PUD; and (2) to modify appeal procedures to
consistently include any council member or mayor among
the listed persons who have the right to appeal the
applicable order, approval, disapproval, or other
decision by amending Sections 27.56.140, 27.57.180,
27.62.150, 27.63.025, 27.64.010, 27.69.030, 27.72.190,
and 27.81.021; and repealing Sections 27.02.200,
27.06.160, 27.06.170, 27.56.140, 27.57.180, 27.61.040,
27.61.050, 27.62.150, 27.63.025, 27.64.010, 27.67.066,
27.69.030, 27.69.240, 27.69.290, 27.69.310, 27.72.180,
27.72.190, and 27.81.021 of the Lincoln Municipal Code
as hitherto existing.
8) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment 13079, to Special
Permit 14070, Horizon Business Center, approved by the
Planning Director on October 1, 2014, requested by
Olsson Associates, to increase the floor area on Lot 10
from 21,500 square feet to 26,429 square feet, on
property generally located at S. 13th St. and Aries Dr.
Administrative Amendment 14070, to Final Plat
05042, Fieldstone Center 4th Addition, approved by the
Planning Director on October 3, 2014, requested by
Jennifer Hurt, to extend the time for two years to
install street trees and pedestrian way sidewalk for
Fieldstone Center 4th Addition, on property generally
located at N. 26th St. and Old Dairy Rd.
9) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
10) 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.
(10/6/14 - Public Hearing & Action cont'd for 1 week to
10/13/14). (ADOPTED FOR APPROVAL, 5-0; A-88578)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 11 THRU 13 HAD 2ND READING)
11) 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)
12) 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)
13) 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)
PUBLIC HEARING - RESOLUTIONS
14) 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.
(ADOPTED, 5-0; A-88579)
Fact Sheet (54K)
Attachment (275K)
15) 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.
(ADOPTED, 5-0; A-88580)
Fact Sheet (10K)
Attachment (23K)
16) 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. (ADOPTED, 5-0; A-88581)
Fact Sheet (63K)
Attachment (135K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
17) 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.
(PASSED, 5-0; #20097)
Fact Sheet (44K)
18) 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. (PASSED, 5-0; #20098)
Fact Sheet (41K)
19) 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.
(PASSED, 5-0; #20099)
Fact Sheet (2207K)
Attachment (1259K)
"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 20 THRU 21 HAD 1ST READING)
20) 14-134 Annexation 14005 - Amending the Lincoln Corporate
Limits Map by annexing approximately 39 acres of
property generally located at S.W. 56th St. and W. O
St. (Related Items 14-134, 14-135)
Fact Sheet (3419K)
Attachment (2667K)
21) 14-135 Change of Zone 14026 - Application of R & D Development
for a change of zone from AG Agricultural District to
I-1 Industrial District and H-3 Highway Commercial
District on property generally located at S.W. 56th St.
and W. O St. (Related Items 14-134, 14-135)
Fact Sheet (1907K)
RESOLUTIONS - 1ST READING (ITEMS 22 THRU 23 HAD 1ST READING)
22) 14R-262 Approving ECKK Inc. dba Kelli's Pub as a Keno satellite
site at 1318 N. 66th Street.
Fact Sheet (54K)
23) 14R-263 Misc. 14002 - Approving the First Amendment to
Protective Covenants for Lots 1, 6, 7, 8, 9, 10, 11,
and 12, Block 4, Eastmont Second Addition to allow
modifications to setbacks, parking requirements,
building floor area, landscape screening, and
relocation of the sidewalks on property generally
located at 6201 O Street.
Fact Sheet (3603K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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 3:45 P.M.
UPCOMING HEARINGS
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.
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.
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.
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.
***
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
***
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.