City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 6, 2017 AT 3:00 P.M.
DUE TO THE PRESIDENT'S DAY HOLIDAY,
THE CITY COUNCIL WILL NOT MEET ON MONDAY, FEBRUARY 20, 2017
ALL MEMBERS PRESENT EXCEPT GAYLOR BAIRD, LAMM
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) 17R-23 Reappointing Karen Nalow to the Nebraska Capitol
Environs Commission for a term expiring January
9, 2020. (ADOPTED, 5-0; A-90215)
2) 17R-24 Reappointing Tammy Eagle Bull, Gill Peace, and
Michelle Penn to the Urban Design Committee for
terms expiring February 1, 2020. (ADOPTED, 5-0;
A-90216)
3) 17R-25 Appointing James Gordon to the Veterans Memorial
Garden Advisory Council for a term expiring November
1, 2019. (ADOPTED, 5-0; A-90217)
Attachment (189K)
4) Approving the Distribution of Funds Representing
Interest Earnings on Short-term Investments of Idle
Funds During the Month Ended December 31, 2016.
(ADOPTED, 5-0; A-90218)
5) Approving the City of Lincoln's Investment Activity
Report from the City Treasurer for the First Quarter,
Fiscal Year, 2016 - 2017.(ADOPTED, 5-0; A-90219)
6) Clerk's Letter and Mayor's approval of Resolution
and Ordinances passed by City Council on January 27,
2017. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
7) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
8) Application of Hergert Oil Company dba Super C for a
Class D liquor license at 2601 Ticonderoga Drive.
(ADOPTED FOR APPROVAL, 5-0; A-90220)
9) Manager Application of Joel B. Larson for Hergert Oil
Company dba Super C at 2601 Ticonderoga Drive. (ADOPTED
FOR APPROVAL, 5-0; A-90221)
10) Manager Application of Montana R. Childress for Inter-
Com Club, Inc. dba Nebraska Club at 233 South 13th
Street, Suite 2000. (ADOPTED FOR APPROVAL, 5-0; A-90222)
11) Application of 9500 LLC dba Downtown Lazzari's for a
deletion to their license premise by eliminating 1430
O Street. (ADOPTED FOR APPROVAL, 5-0; A-90223)
PUBLIC HEARING - RESOLUTIONS
12) 17R-27 Approving the Wilderness Hills Commercial Center PUD
S. 40th Street Directed Arterial Street Impact Fee
Agreement between the City of Lincoln and Lincoln
Federal Bancorp, Inc. to direct arterial street impact
fees collected from development of properties within
the Wilderness Hills Commercial Center PUD to reimburse
the owners of the Wilderness Commons development or
Lincoln Federal, as the owner of the Wilderness Hills
development, for the cost of constructing the South 40th
Street Improvements located south of Hohensee Drive,
pursuant to the Wilderness Commons Conditional Annexation
and Zoning Agreement and/or the Wilderness Heights
Conditional Annexation and Zoning Agreement. (ADOPTED,
5-0; A-90224)
Fact Sheet (430K)
Attachment (1448K)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
(ITEMS 13 THRU 16 HAD 2ND READING)
13) 17-12 Annexation 16014 Amending the Lincoln Corporate Limits
Map by annexing approximately 9.25 acres of property
generally located at Northwest 48th Street and West
Holdrege Street. (Related Items: 17-12, 17-13)
Fact Sheet (6375K)
Attachment (353K)
14) 17-13 Change of Zone 07063A Application of Ringneck Development,
LLC, to amend the I-80 West Lincoln Business Center
Planned Unit Development for a change of zone from AG
Agricultural District to R-3 Residential District; under
a Planned Unit Development District designation of said
property; and to approve an amended development plan
which proposes modifications to the Zoning Ordinance and
Design Standards to allow the development of up to 41
dwelling units, with a mix of single-family detached and
attached units, on property generally located at Northwest
48th Street and West Holdrege Street. (Related Items:
17-12, 17-13)
Fact Sheet (5368K)
15) 17-15 Text Amendment 16017 Amending Sections 4.36.010, 4.36.030,
4.36.040, 4.36.050, 27.06.070, 27.06.100, 27.06.130,
27.06.170, 27.06.180, 27.25.080, 27.35.080, 27.56.017,
27.56.120, 27.56.160, 27.57.150, 27.62.040, 27.63.175,
27.69.040, and 27.72.030, repealing said Sections as
hitherto existing, adding a new Section 4.36.070, and
repealing Section 27.67.050; to add zoning application
review responsibilities for the Urban Design Committee,
the Capitol Environs District, and Historic Preservation
Commission; to amend provisions regarding the Capitol
Environs District to revise definitions, and modify
additional height and area requirements; to amend zoning
regulations regarding the B-4 District, to delete certain
uses from the B-4 District, to provide there is no required
parking in the B-4 District, to delete B-4 District Special
Parking Requirements, and to modify B-4 District sign
requirements and height and lot requirements; to amend B-4
and O-1 zoning regulations to provide that in the B-4 and
O-1 Districts application for a building permit shall be
reviewed for compliance with Subarea Design Standards; and
to define B-4 and O-1 zoned areas subject to South Haymarket
Design Standards. (Related Items 17-15, 17R-26)
Fact Sheet (1365K)
16) 17R-26 Text Amendment 16018 Amending Title 1 General Provisions
of the City of Lincoln Design Standards to modify the
procedures regarding waivers; amending Title 3 Lincoln
Design Standards by amending Chapter 3.75 Neighborhood
Design Standards, Chapter 3.76 Lincoln Downtown Design
Standards, and Chapter 3.85 Capitol Environs Design
Standards; by adding a new Chapter 3.77 to adopt South
Haymarket Design Standards; and repeal referenced Sections
of the City of Lincoln Design Standards as hitherto
existing. (Related Items 17-15, 17R-26) (Action Date:
2/13/17)
Fact Sheet (1286K)
Attachment (16866K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS
17) 17-7 Change of Zone 16043 Application of E&G Enterprises,
LLC for a change of zone from R-2 Residential District
to O-3 Office Park District on property generally located
at 8080 O Street. (Related Items: 17-7, 17R-10) (PASSED,
5-0; #20440)
Fact Sheet (1271K)
18) 17R-10 Use Permit 16011 Application of E&G Enterprises, LLC
to allow an early childhood care facility up to 8,000
square feet in size for 130 children along with waivers
to reduce the rear yard, side yard, and sign location
setback requirements in the O-3 District, on property
generally located at 8080 O Street. (Related Items:
17-7, 17R-10) (ADOPTED, 5-0; A-90225)
Fact Sheet (955K)
19) 17-8 Change of Zone 16034 Application of Kelly Custom
Homes, LTD to designate the John G. Cordner House as
a Landmark, changing the zoning district from R-2
Residential to R-2 Residential with Landmark Overlay,
on property generally located at 325 South 55th Street.
(Related Items: 17-8, 17R-11) (PASSED, 5-0; #20441)
Fact Sheet (3777K)
Attachment (3138K)
20) 17R-11 Special Permit 16055 Application of Kelly Custom Homes,
LTD for Historic Preservation of the John G. Cordner
House to permit a Community Unit Plan consisting of
9 dwelling units, with waivers to eliminate pedestrian
way sidewalk requirements, to allow lots to exceed lot
width-to-depth ratio, to eliminate requirement that
lots front upon a public street, to reduce front yard
setbacks, minimum lot width and minimum lot area, and
to exceed community unit plan density requirements, on
property generally located at 325 South 55th Street.
(Related Items: 17-8, 17R-11) (ADOPTED, 5-0; A-90226)
Fact Sheet (1736K)
21) 17-9 Change of Zone 16039 Application of First Street Bible
Church to designate the former First German Congregational
Church as a Landmark, changing the zoning district from
R-4 Residential to R-4 Residential with Landmark Overlay,
on property generally located at 100 West F Street.
(Related Items: 17-9, 17R-12) (PASSED, 5-0; #20442)
Fact Sheet (1230K)
Attachment (3260K)
22) 17R-12 Special Permit 16058 Application of First Street Bible
Church for Historic Preservation of the former First
German Congregational Church to allow reduction of the
rear yard to 10 feet and variance of parking requirements,
on property generally located at 100 West F Street.
(Related Items: 17-9, 17R-12) (ADOPTED, 5-0; A-90227)
Fact Sheet (678K)
23) 17-10 Approving a Real Estate Sales Agreement between the City
of Lincoln and Ventre A Terre, LLC for the sale of City
owned property generally located at the northwest corner
of 21st and Y Streets. (PASSED, 5-0; #20443)
Fact Sheet (436K)
Attachment (3483K)
RESOLUTIONS - 1ST READING (ITEMS 24 THRU 31 HAD 1ST READING)
24) 17R-31 Reappointing Layne Sup to the Lincoln Electric System
Administrative Board for a term expiring December 31,
2019. (Consent)
25) 17R-32 Appointing Tammy Ward to the Lincoln Electric System
Administrative Board for a term expiring December 31,
2019. (Consent)
Attachment (192K)
26) 17R-34 Appointing DaNay Kalkowski to the Lincoln Electric
System Administrative Board for a term expiring
December 31, 2019. (Consent)
Attachment (208K)
27) 17R-35 Approving a Construction Engineering Services Task
Order Agreement between the City of Lincoln and Speece
Lewis Engineers, Inc. for the 10th & Salt Creek Bridge
Replacement Project. City Project No. 540027. State
Project No. LCLC-5215(3), CN 13233. (Consent)
Fact Sheet (409K)
Attachment (23751K)
28) 17R-33 Accepting the report of new and pending claims against
the City and approving disposition of claims set forth
for the period of January 16-31, 2017.
Fact Sheet (30K)
Attachment (56K)
29) 17R-30 Comp. Plan Conformance 16014 Approving an amendment to
the Lincoln Center Redevelopment Plan to add the "11th
and P Hotel and Lincoln Commercial Club Redevelopment
Project" to remove blighted and substandard conditions
through the renovation of two of downtown Lincoln's older
buildings, including the Lincoln Commercial Club Building
at 200 North 11th and the building at 216 North 11th Street.
Fact Sheet (4927K)
Attachment (5221K)
30) 17R-28 Comp. Plan Conformance 16012 Approving an amendment to the
Antelope Valley Redevelopment Plan to add the "Telegraph
District Phase 2: Telegraph Flats & Telegraph Lofts East
Redevelopment Project" to create a mixed-use residential
and retail area in what was formerly the Fisher Foods site
generally located southeast of 20th and N Streets and a
3-story mixed-use building providing for first floor
retail/restaurant uses, live/work loft, and multi-family
housing with upper floors containing about 46 residential
units with a combined area of 61,975 square feet,
underground parking and off-street surface parking are
also included, and renovated streetscape improvements are
planned throughout the Phase 2 project area, on property
generally located between L Street and the alley north
of N Street, and South 20th Street to the Antelope Valley
channel, including the Muny Pool Building.
Fact Sheet (1701K)
Attachment (7559K)
31) 17R-29 Preliminary Plat 16008 Appeal of Jon Wilbeck, James Urbauer,
Michael and Annata Sullivan, Heidi Wright, Larry D. Frahm,
Matthew L. Thomas, and Jody P. Kranenzel from the Planning
Commission's approval of a new R-3 Residential District
preliminary plat, with requested waivers to subdivision
regulations and design standards, on property generally
located at South Folsom Street and West Amaranth Lane.
(Related Items: 17-14, 17R-29) (Action Date: 2/27/17)
Fact Sheet (10573K)
ORDINANCES - 1ST READING & RELATED RESOLUTIONS
(ITEMS 32 THRU 38 HAD 1ST READING)
32) 17-18 Approving the transfer of funds from approved appropriations
into the Parks & Recreation Department HVAC Project Fund
#465 CIP for renovation of the HVAC (heating, ventilation,
air conditioning) system at Belmont Recreation Center.
Fact Sheet (428K)
33) 17R-37 Approving the 1222 P Street Redevelopment Agreement between
the City of Lincoln and Brick and Mortar Investments, LLC
relating to the redevelopment of property located at 1222
P Street to demolish the existing building except for
approximately the front 20 feet abutting P Street, by
renovating the fa?ade of the existing building, and by
constructing three new stories over a portion of the
existing two story building to be used for retail and
residential space. (Related Items 17R-37, 17R-38, 17-17)
(Action Date: 2/27/17)
Fact Sheet (382K)
Attachment (3882K)
34) 17R-38 Amending the FY 16/17 CIP to authorize and appropriate
$470,000 in TIF funds for the 1222 P Street Project.
(Related Items 17R-37, 17R-38, 17-17) (Action Date:
2/27/17)
Fact Sheet (235K)
35) 17-17 Ordinance authorizing the issuance of not to exceed $470,000
aggregate principal amount of 1222 P Street Redevelopment
Project Tax Allocation Bonds. (Related Items 17R-37, 17R-38,
17-17)
36) 17-19 Amending Chapter 8.32 of the Lincoln Municipal Code relating
to Solid Wastes by amending Section 8.32.010 to change the
definitions of Building rubbish and Demolition debris to
include roof shingles and other roof coverings in those
definitions; and repealing Section 8.32.010 as hitherto
existing.
Fact Sheet (394K)
37) 17-20 Street & Alley Vacation 16006 Vacating a portion of the
North 35th Street right-of-way stub directly north of Superior
Street. (Related Items: 17-20, 17-21)
Fact Sheet (1244K)
38) 17-21 Change of Zone 16038 Application of Robert Rokeby for a change
of zone to designate existing R-3 zoned property as a Planned
Unit Development District; and approval of the development plan
for the Terrace Gardens Planned Unit Development, which proposes
modifications to the Zoning Ordinance, Land Subdivision Ordinance,
and Design Standards to allow for a mix of single-family, single-
family attached, commercial, and agricultural uses, on property
generally located at Superior Street and North 35th Street.
(Related Iems: 17-20, 17-21)
Fact Sheet (9311K)
PENDING LIST - DATE CERTAIN
39) 17-14 Change of Zone 16044 Application of Southwest Folsom Development,
LLC for a change of zone from R-4 Residential District to R-3
Residential District on property generally located at South
Folsom Street and West Amaranth Lane.(1/30/17 - Public Hearing
delayed to 2/13/17) (Related Items: 17-14, 17R-29)
Fact Sheet (1347K)
40) 16R-281 Approving an Advertising Agreement between the City of Lincoln
Parks and Recreation City Golf Courses and Bench Craft Company
which will provide revenue from advertisement at all five municipal
golf courses and will provide score cards, benches, and other
supplies and equipment for each course at no cost. (12/19/16
- Placed on Pending until 02/27/17)
Fact Sheet (366K)
Attachment (3058K)
PENDING LIST
41) 16R-291 Directing submittal to the qualified electors of the City a proposed
Charter Amendment amending Article IX, Sections 25, 25a, 26 and 26a
of the Charter relating to the City Annual and Biennial Budgets.
(12/19/16 - Public Hearing & Action Cont'd to 1/09/17) (1/9/17 -
Placed on Pending)
Fact Sheet (229K)
Attachment Sub (104K)
Motion To Amend (6K)
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 FEBRUARY, OPEN MICROPHONE SESSIONS WILL BE
HELD ON FEBRUARY 13TH & 27TH.
ADJOURNMENT 3:32 P.M.
UPCOMING HEARINGS
Hearing date of Monday, February 13, 2016, at 3:00 p.m. on the
Application of Sai Properties Inc. dba Comfort Suites N Cotner
for a Class I Liquor License located at 331 N. Cotner Blvd.
Hearing date of Monday, February 13, 2016, at 3:00 p.m. on the
Application of Cereus Snowbirds LLC dba Bodega's Alley for a
Class C Liquor License located at 1418 O Street.
Hearing date of Monday, February 13, 2016, at 3:00 p.m. on the
Application of Blur Parties Inc. dba Blur Parties for a Class DK
Liquor License located at 2501 West L Street.
***
The Lincoln City Council meets 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 and re-aired on Mondays
at 7 p.m., Tuesdays at 12 a.m. and Saturdays at 12:30 p.m. 5 CITY-TV
is available on Time Warner Cable(TWC)/Spectrum and Windstream Kinetic
channel 5. TWC/Spectrum customers will need a digital cable box or
digital adapter. Those with built-in digital cable tuners (QAM) 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.