City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 3, 2014 AT 3:00 P.M.
ALL MEMBERS PRESENT
DUE TO THE VETERAN'S DAY HOLIDAY - THERE WILL BE NO
CITY COUNCIL MEETING MON., NOV. 10, 2014
DUE TO THE THANKSGIVING HOLIDAY - THERE WILL BE NO
CITY COUNCIL MEETING MON., DECEMBER 1, 2014
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 October 1320, 2014.
(PLACED ON FILE)
2) Resolution Setting the Hearing Date of
Monday, December 15, 2014, at 5:30 p.m.
for the Assessment of Weed Abatement
costs incurred by the City of Lincoln
for the period of January 1, 2014
through December 31, 2014.
(ADOPTED, 7-0; A-88609)
3) Report from City Treasurer of City Cash
on Hand at the close of business
September 30, 2014.(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) Setting the hearing date of Monday,
November 17, 2014 at 3:00 p.m. on the
Application of Kurt & Kristine Kontor
dba 501 Bar & Grill to add a Catering
license to their existing Class C
Liquor License at 501 W. A Street.
(ADOPTED, 7-0; A-88610)
5) Setting the hearing date of Monday,
November 17, 2014 at 3:00 p.m. for the
application of Sooners or Later Inc. DBA
Buffalo Wild Wings for a Class I liquor
license located at 8701 Andermatt Drive.
(ADOPTED, 7-0; A-88611)
6) Setting the hearing date of Monday,
November 17, 2014 at 3:00 p.m. for the
application of Schmick's Market Inc.
DBA Schmick's Market for a Class C
liquor license located at 1340 West
O Street.(ADOPTED, 7-0; A-88612)
7) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment 14059, to Use Permit
No. 13011, Russwood Park, approved by the
Planning Director on October 27, 2014,
requested by Civil Design Group, to clarify
the front yard setbacks and reconfigure
the access on College Park Drive, on property
generally located at N. 84th and O Streets.
Administrative Amendment 14062, to Special
Permit No. 1773, D & R Development Limited
Landfill Permit, approved by the Planning
Director on October 27, 2014, requested by
E-S-P, to revise the site layout and grading
and to reflect the new zoning and annexed
area, on property generally located at S.
56th and W. O Streets.
Administrative Amendment 14067, to Special
Permit No. 1813A, The Preserve on Antelope
Creek Community Unit Plan, approved by the
Planning Director on October 27, 2014,
requested by Civil Design Group, to adjust
the side yard setback for Lot 5, Block 4,
from 7.5' to 5', on property generally
located at 4541 Hawthorne Drive.
Administrative Amendment 14082, to Change of
Zone No. 05085A, Fallbrook PUD, approved by
the Planning Director on October 27, 2014,
requested by Clark Enersen Partners, to
amend the notes by adding that parking
spaces on a driveway approach and garage
may be counted towards required for
multi-family, on property generally located
at Tallgrass Parkway and West Alvo Road.
8) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
9) Manager application of Chad C. Parker for
Sam's West, Inc. dba Sam's Club 6413 at
4900 N. 27th Street.
(ADOPTED FOR APPROVAL, 7-0; A-88613)
10) Manager application of Marvin G. Schumacher
for Sam's West, Inc. dba Sam's Club #4873
at 8480 Andermatt Drive.
(ADOPTED FOR APPROVAL, 7-0; A-88614)
11) Application of Rupert Enterprises LLC dba
T's Stop & Shop for a Class B liquor license
at 2801 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-88615)
12) Manager application of Terrance T. Rupert
for Rupert Enterprises LLC dba T's Stop &
Shop at 2801 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-88616)
13) Manager application of Christeen M. Jackson
for HCF Taco Co. #1 dba Fuzzy's Taco Shop
at 1442 O Street.
(P.H. & ACTION CONT'D FOR 2 WEEKS TO 11/17, 7-0)
14) Application of Janelli Sanchez Vargas dba
Cielito Lindo for a Class I liquor license
at 100 N. 1st Street,Suite 1.
(ADOPTED FOR APPROVAL, 7-0; A-88617)
15) Application of MG Enterprises LLC dba The
Alley for a Class C liquor license at
1031 M Street.
(ADOPTED FOR DENIAL, 7-0; A-88618)
16) Manager application of Matthew G. Moore
for MG Enterprises LLC dba The Alley at
1031 M Street.
(ADOPTED FOR DENIAL, 7-0; A-88619)
17) Application of Mlogic Holdings LLC dba
Tilted Kilt Pub & Eater to expand its
Class I liquor license to add an outdoor
area for a new license description as a
one story building approximately 72 feet
by 79 feet including an outdoor area
approximately 37 feet by 47 feet at
6100 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-88620)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
(as required) (ITEMS 18 THRU 21 HAD 2ND READING)
18) 14-122 Text Amendment 14007 - 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.
Fact Sheet (2472K)
19) 14-139 Amending the pay schedule for the employee
group whose classifications are assigned
to the pay range prefixed by the letter
"C" to change the pay range of Utility
Supervisor from C26 to C28.
Fact Sheet (46K)
20) 14-140 Amending the pay schedule for the employee
group whose classifications are assigned
to the pay range prefixed by the letter "E"
to create the classification of Human
Resources Generalist.
Fact Sheet (45K)
21) 14-141 Amending Section 2.76.400 of the Lincoln
Municipal Code relating to Leaves of
Absence Without Pay to provide that leave
without pay shall not be granted to accept
other employment.
Fact Sheet (46K)
PUBLIC HEARING - RESOLUTIONS
22) 14R-268 Approving an Agreement between the City and
the Lincoln Chamber Economic Development
Corp. (LCEDC) for the promotion of economic
development in Lincoln for a three two year term
commencing September 1, 2014 through
August 31, 2016.
(ADOPTED, 7-0; A-88621)
Fact Sheet (137K)
Attachment (635K)
23) 14R-269 Approving an Interlocal Agreement between the
City of Lincoln and Lancaster County for a
joint Data Processing Division to update and
revise the Information Services Division and
the ISPC and to provide for budgets, cost
distribution, billings,projects and other
matters. (ADOPTED, 7-0; A-88622)
Fact Sheet (60K)
Attachment (292K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS
(as required)
24) 14-136 Amending Section 2.42.040 of the Lincoln
Municipal Code relating to the Divisions
of the Urban Development Department to
restrict the authority of the Urban
Development Department by requiring that
any acquisition of residential property
having value exceeding $50,000.00 for
which the source of funding is Community
Improvement Financing be approved by
resolution of the City Council.
(PASSED, 7-0; #20105)
Fact Sheet (62K)
25) 14-137 Amending Title 1 of the Lincoln Municipal
Code relating to General Provisions to
create a new Chapter 1.30, Sale of City
Real Property. (PASSED, 7-0; #20106)
Fact Sheet (75K)
26) 14-138 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 and to eliminate stone milling
as a separate permitted use.
(PASSED, 7-0; #20107)
Fact Sheet (77K)
"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 27 THRU 29 HAD 1ST READING)
27) 14-142 Authorizing the issuance of tax allocation
bonds with a total not to exceed $533,354.00
for the City of Lincoln, Schwarz Paper
Building Redevelopment Project.
(Related Items: 14-142, 14R-270, 14R-271)
(10/27/14 - Introduction Delayed 1 Week to
11/3/14)
28) 14R-270 Approving the Schwarz Paper Building
Redevelopment Agreement between the City
of Lincoln and CBLINC, LLC and Schwarz
Paper Company relating to the redevelopment
of property generally located at 747 O
Street for commercial and residential space.
(Related Items: 14-142, 14R-270, 14R-271)
(10/27/14 - Introduction Delayed 1 Week
to 11/3/14)
Fact Sheet (104K)
Attachment (1132K)
29) 14R-271 Amending the FY 13/14 CIP to authorize and
appropriate $533,354 in TIF funds for the
Schwarz Paper Building Redevelopment Project
on property generally located at 747 O Street.
(Related Items: 14-142, 14R-270, 14R-271)
(10/27/14 - Introduction Delayed 1 Week
to 11/3/14)
Fact Sheet (104K)
RESOLUTIONS - 1ST READING (ITEMS 30 THRU 36 HAD 1S READING)
30) 14R-272 Comp. Plan Conformance No. 14002 - Approving
an amendment to the Antelope Valley Redevelopment
Plan to add the "18th & P Multifamily Redevelopment
Project" for three residential buildings and a
multi-story parking garage facility on property
generally located in the blocks bounded by 17th
Street, Antelope Valley Parkway, O Street and
Q Street.
Fact Sheet (4M)
Attachment (3425K)
Attachment (2M)
31) 14R-273 Appointing John (Rusty) Vanneman to the Community
Health Endowment Board for a term expiring
September 1, 2017. (Consent)
Attachment (81K)
32) 14R-274 Approving Supplement No. 2 to the Preliminary
Engineering Services Agreement between the
City of Lincoln and The Schemmer Associates, Inc.
for additional work necessary to complete the
Federal Aid Project No. HSIP-5227(7), Control No.
2944, at North 14th Street and the East bound
Off-Ramp to U.S. Highway 6.
Fact Sheet (20K)
33) 14R-275 Approving a Utility Services Agreement between
the City of Lincoln and Lincoln Electric System
setting out the various duties and fees in
connection with the relocation of electrical
distribution facilities for Federal Aid Project
HSIP-5205(1), Control No. 13147, at the
intersection of South Coddington Ave. and West
Van Dorn Street.
Fact Sheet (19K)
Attachment (588K)
34) 14R-276 Approving a Professional Services Agreement
between the City and Olsson Associates to
provide NEPA evaluation and documentation
for the 48th & Calvert and 56th & Calvert
Traffic Signal Project (State Project No. LCLC-
5239(10), CN 13260, City Project No. 702695).
Fact Sheet (45K)
Attachment (1476K)
35) 14R-277 Approving a Professional Services Agreement
between the City and Olsson Associates to
provide NEPA evaluation and documentation for
the S. 17th Traffic Signal Project (State
Project No. LCLC-5227(8), CN 13261, City
Project No. 702697).
Fact Sheet (45K)
Attachment (1528K)
36) 14R-278 Adopting the Lincoln Electric System Annual
Budget for 2015 to become effective
January 1, 2015. (Action:12/8/14)
Fact Sheet (103K)
Attachment (2256K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED TWO WEEKS)
37) 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 (13K)
Attachment (134K)
38) 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)
39) 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)
40) 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)
41) 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 NOVEMBER, OPEN MICROPHONE SESSIONS WILL BE
HELD ON NOVEMBER 17TH & 24TH.
ADJOURNMENT 3:52 P.M.
UPCOMING HEARINGS
Hearing date of Monday, November 17, 2014 at 3:00 p.m. on the
following:
Application of Savor Restaurant LLC dba Ginger for a Retail Class
I Liquor License at 6055Apples Way.
Application of NHC LLC dba South Campus for a Retail Class CK
Liquor License at 101 N. 14th St., Suite 1.
Application of Will-Mack LLC dba Compadres for a deletion to
their licensed premise at 101 N. 14th St., Suite 6.
Manager Application of Anthony Alwin for Dino's Eastside Grille
at 2901 S. 84th St.
Manager Application of Spencer Peery for Lincoln Stars Hockey at
1800 State Fair Park Dr.
***
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.