
City of Lincoln
City Council Office
City Council Office
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, MARCH 13, 2017 AT 3:00 P.M. ALL MEMBERS PRESENT EXCEPT ESKRIDGE, RAYBOULD MAYOR'S AWARD OF EXCELLENCE - NONE 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-77 Approving a Memorandum of Understanding between Nebraska Law Enforcement, Nebraska Broadcasters, and Nebraska AMBER Plan Committee for the response to the abduction of children.(ADOPTED, 5-0; A-90301) Fact Sheet (11330K) Attachment (693K) 2) Approving the distribution of funds representing interest earnings on short-term investments of Idle Funds during the month ended January 31, 2017. (ADOPTED, 5-0; A-90302) 3) Clerk's Letter and Mayor's approval of Resolutions A-90249 to A-90273and Ordinancespassed by City Council on February 27, 2017. (PLACED ON FILE) 4) Clerk's Letter and Mayor's approval of Resolutions A-90274 to A-90279 and Ordinances passed by City Council on February 27, 2017. (PLACED ON FILE) 5) Report from City Treasurer of city cash on hand at the close of business on January 31, 2017. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 6) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT: Special Permit No. 08033A - Requested by Adrian Basford, to amend special permit to allow for construction of a new deck, on property generally located at 5001 South 56th Street. Special Permit No. 17004 - Requested by Blur Parties, Inc., to allow for the sale of alcohol for consumption off the premises, on property legally described as Lot 6, Block 2, Western State Industrial Tract 2nd Addition, located in the NW 1/4 of Section 28-10-6, Lincoln, Lancaster County, Nebraska, generally located at 2501 West L Street. 7) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment No. 16070 to Preliminary Plat No. 03004, Northbank Junction, approved by the Planning Director on March 2, 2017, to revise the alignment of Alvo Road so it is no longer a through-street to the west, including revisions to the street profiles and grading, generally located at Alvo Road and N. 56th Street. Administrative Amendment No. 17006 to Use Permit No.123E, Landmark Corporate Center, approved by the Planning Director on March 3, 2017, to divide Lot 16 into four lots and one outlot and reduce the side yard setback on those lots to five feet, generally located at N. 33rd Street and Oxbow Circle. Administrative Amendment No. 17011 to Pre-Existing Special Permit No. 42, Lincoln Memorial Cemetery, approved by the Planning Director on March 3, 2017, to remove the property now included in the Costco Center Use Permit No. 16009, generally located at S. 14th Street and Pine Lake Road. 8) MISCELLANEOUS REFERRALS - NONE - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 9) Application of Hy-Vee Inc. dba Hy-Vee Restaurant 1 for a Class I liquor license at 5010 O Street. (ADOPTED FOR APPROVAL, 5-0; A-90303) 10) Manager Application of Robert A. Reif for Hy-Vee Inc. dba Hy-Vee Restaurant 1 at 5010 O Street. (ADOPTED FOR APPROVAL, 5-0; A-90304) 11) Application of Hy-Vee Inc. dba Hy-Vee Restaurant 2 for a Class I liquor license at 1601 North 84th Street. (ADOPTED FOR APPROVAL, 5-0; A-90305) 12) Manager Application of Robert A. Reif for Hy-Vee Inc. dba Hy-Vee Restaurant 2 at 1601 North 84th Street. (ADOPTED FOR APPROVAL, 5-0; A-90306) 13) Application of Hy-Vee Inc. dba Hy-Vee Restaurant 4 for a Class I liquor license at 6001 Village Drive. (ADOPTED FOR APPROVAL, 5-0; A-90307) 14) Manager Application of Robert A. Reif for Hy-Vee Inc. dba Hy-Vee Restaurant 4 at 6001 Village Drive. (ADOPTED FOR APPROVAL, 5-0; A-90308) 15) Application of LNK2 Lodging, LLC dba Fairfield Inn & Suites for a Class C liquor license at 1000 West Bond Street. (3/6/17 - Public Hearing & Action cont'd 1 week to 3/13/17) (ADOPTED FOR APPROVAL, 5-0; A-90309) 16) Manager Application of Kirti K. Trivedi for LNK2 Lodging, LLC dba Fairfield Inn & Suites at 1000 West Bond Street. (3/6/17 - Public Hearing & Action cont'd 1 week to 3/13/17)(ADOPTED FOR DENIAL, 5-0; A-90310) PUBLIC HEARING - RESOLUTIONS 17) 17R-76 Comp. Plan Conformance 17001 Approving an amendment to the Nebraska Innovation Campus Redevelopment Plan to redefine the project area for Phase 1 to reduce the overall size, including the removal of Lot 1, Nebraska Innovation Campus 1st Addition, and also to identify the project area for the Phase 2 Project, within the redevelopment area generally located from North Antelope Valley Parkway to North 27th Street, between Salt Creek and the Burlington Northern Santa Fee Railroad corridors, and to describe the Phase 2 Project which includes construction of a 3-story office building of approximately 80,000 square feet, on property located at Transformation Drive and 21st Street.(MTA #1 ADOPTED, 5-0; ADOPTED AS AMENDED, 5-0; A-90311) Fact Sheet (11330K) Attachment (5743K) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS - NONE PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS 18) 17R-70 Comp. Plan Amendment 16006 Amending the 2040 Lincoln- Lancaster County Comprehensive Plan to change the Future Land Use Plan, to modify growth tiers and future land use, on property generally located at North 7th Street and Alvo Road. (Related Items: 17R-70, 17-31, 17R-66, 17-32) (Action date: 3/13/17) (3/6/17 - Public Hearing cont'd w/ Action on 3/13/17) (ADOPTED, 5-0; A-90312) Fact Sheet (946K) Attachment (1325K) 19) 17-31 Annexation 16015 Amending the Lincoln Corporate Limits Map by annexing approximately 35.55 acres of property generally located at North 7th Street and Alvo Road. (Related Items: 17R-70, 17-31, 17R-66, 17-32) (3/6/17 - Public Hearing cont'd w/ Action on 3/13/17) (PASSED, 5-0; #20459) Fact Sheet (5239K) Attachment (335K) 20) 17R-66 Approving a Conditional Annexation and Zoning Agreement between the City of Lincoln, Nebraska and Lone Tree Holdings, LLC for the development and annexation of property generally located at North 7th Street and Alvo Road. (Related Items: 17R-70, 17-31, 17R-66, 17-32) (Action date: 3/13/17) (3/6/17 - Public Hearing cont'd w/ Action on 3/13/17) (MTA #1 ADOPTED, 5-0; ADOPTED AS AMENDED, 5-0; A-90313) Fact Sheet (271K) Attachment (59K) 21) 17-32 Change of Zone 16041 Application of Legacy Homes, LLC for a change of zone from AG Agricultural District to R-3 Residential District on property generally located at North 7th Street and Alvo Road. (Related Items: 17R- 70, 17-31, 17R-66, 17-32)(3/6/17 - Public Hearing cont'd w/ Action on 3/13/17) (PASSED, 5-0; #20460) Fact Sheet (5238K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS 22) 17-30 Annexation 17001 Amending the Lincoln Corporate Limits Map by annexing approximately 2.07 acres of property generally located southwest of South Coddington Avenue and West Van Dorn Street. (PASSED, 5-0; #20461) Fact Sheet (7493K) Attachment (222K) 23) 17-35 Amending Chapter 10.06 of the Lincoln Municipal Code relating to Administration and Enforcement by amending Section 10.06.070 to allow volunteer crossing guards to assist children in crossing streets by adding clarifying language and repealing Section 10.06.070 of the Lincoln Municipal Code as hitherto existing. (PASSED, 5-0; #20462) Fact Sheet (249K) 24) 17-28 Approving the transfer of cash and appropriations for Willard Community Center Capital Campaign for renovations. (Related Items: 17-28, 17R-65)(MTA #2 ADOPTED, 5-0; PASSED AS AMENDED, 5-0; #20463) Fact Sheet (295K) Motion To Amend 1 (7K) Motion To Amend 2 (7K) 25) 17R-65 Approving the Contract for Services between Willard Community Center and the City of Lincoln, Nebraska to provide $100,000 to the Willard Community Center by April 15, 2017 to support the Center's renovation project of its facility located at 1245 Folsom Street. (Related Items: 17-28, 17R-65) (Action date: 3/13/17) (MTA #2 ADOPTED, 5-0; ADOPTED AS AMENDED, 5-0; A-90314) Fact Sheet (231K) Attachment (455K) Motion To Amend (20K) 26) 17-33 Change of Zone 08010A Application of JLI West, Inc. to amend the Woodside Village Planned Unit Development, formerly known as Hub Hall Heights Commercial Center, to add a maximum of 275 apartment units to the commercial center and reduce the overall commercial area, with a development plan which proposes to modify standards of the underlying zoning district, on property generally located at Northwest 48th Street and West Holdrege Street. (Related Items: 17-33, 17R-67) (ACTION DELAYED ONE WEEK TO 03/20/17, 5-0) Fact Sheet (10327K) 27) 17R-67 Approving Amendment No. 1 to the Hub Hall Heights Conditional Annexation and Zoning Agreement between JLI West, Inc. and the City of Lincoln, Nebraska to develop the property within the Hub Hall Heights Community Plan and Hub Hall Heights Commercial Center Planned Unit Development with buildable lots adjacent to West Holdrege Street on property generally located northeast of Northwest 48th Street and north of Holdrege Street. (Related Items: 17-33, 17R-67) (Action date: 3/13/17) (ACTION DELAYED ONE WEEK TO 03/20/17, 5-0) Fact Sheet (258K) Attachment (47K) RESOLUTIONS - 1ST READING (ITEMS 28 THRU 31 HAD 1ST READING) 28) 17R-83 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of February 16-28, 2017. Fact Sheet (30K) Attachment (52K) 29) 17R-84 Resolving that the City Council will not rely on higher residential property valuations in order to increase spending above the level established in the biennial budget. Fact Sheet (219K) 30) 17R-79 Use Permit 126F Application of Wilderness Woods Holdings, LLC to reduce the parking requirement for office uses on Lot 2 from 1 stall per 300 square feet to 1 stall per 350 square feet, on property generally located at Wilderness Woods Place and Executive Woods Drive. Fact Sheet (4740K) 31) 17R-80 Approving the award of contract to the low bidder for the Agreement between the City of Lincoln and the State of Nebraska Department of Roads for the South Coddington Avenue and West Van Dorn Street Intersection Safety Project. City Project No. 702661. State Project No. HSIP- 5205(1), CN 13147. Fact Sheet (351K) ORDINANCES - 1ST READING & RELATED RESOLUTIONS (ITEMS 32 THRU 44 HAD 1ST READING) 32) 17-39 Comp. Plan Conformance 17002 Declaring approximately 1,200 square feet of property generally located at 2201 South 17th Street as surplus property. Fact Sheet (751K) 33) 17-42 Approving a Purchase Agreement between the City of Lincoln and Rasheed Badeer and Media Kajan for the sale of City owned property generally located at 623 South 19th Street. Fact Sheet (520K) Attachment (4231K) 34) 17-16 Amending Chapter 3.06 of the Lincoln Municipal Code relating to the Formulation and Submittal of the Biennial Budget by amending Section 3.06.020 to change the date by which the Mayor's recommended biennial budget must be submitted to the City Council to June 15th and repealing Section 3.06.020 of the Lincoln Municipal Code as hitherto existing. (Related Items: 17-16, 17R-36) Fact Sheet (250K) 35) 17R-36 A resolution establishing the timeline for the preparation and approval of the City's biennial budget. (Related Items: 17-16, 17R-36) Fact Sheet (218K) Attachment (866K) 36) 17-29 Comp. Plan Conformance 16010 Declaring approximately 4,525 square feet of property generally located adjacent to 710 Hill Street in Standing Bear Park as surplus property. (Related Items: 17-29, 17-34) Fact Sheet (2000K) 37) 17-34 Approving a Property Purchase and Sale Agreement for the sale of approximately 4,123.35 square feet in the southeast corner of Standing Bear Park to Lincoln Public Schools for circulation associated with operation of a food distribution center on the abutting LPS property. (Related Items: 17-29, 17-34) Fact Sheet (429K) Attachment (6487K) 38) 17-37 Change of Zone 17003 Application of New Covenant Community Church for a change of zone from AGR Agricultural Residential District to R-3 Residential District and from AGR Agricultural Residential District to R-T Residential Transition District on property generally located at 6000 South 84th Street. (Related Items: 17-37, 17R-78) Fact Sheet (1130K) 39) 17R-78 Approving a Development and Conditional Zoning Agreement between the City of Lincoln, Nebraska and New Covenant Community Church (Developer) to prohibit certain R-T District uses which should not be located on the Developer's property within a Pipe Line Planning Area next to an existing natural gas line. (Related Items: 17-37, 17R-78) Fact Sheet (258K) Attachment (687K) 40) 17-38 Change of Zone 16042 Application of EMLI, LLC for a change of zone from R-2 Residential District to B-3 Commercial District on property generally located at 3255 A Street. (Related Items: 17-38, 17R-81) Fact Sheet (9528K) 41) 17R-81 Approving a Development and Conditional Zoning Agreement between the City of Lincoln, Nebraska and EMLI, LLC (Developer) to prohibit the use of the property generally located at 3255 A Street for a range of commercial and retail uses which would not be compatible with the surrounding neighborhood under the proposed Change of Zone 16042. (Related Items: 17-38, 17R-81) Fact Sheet (269K) Attachment (866K) 42) 17-40 Annexation 17002 Amending the Lincoln Corporate Limits Map by annexing approximately 61.91 acres of property generally located at South 90th Street and A Street. (Related Items: 17-40, 17-41, 17R-82) Fact Sheet (7195K) Attachment (347K) 43) 17-41 Change of Zone 17002 Application of Jack A. Herbert, Trustee of the Marie A Herbert Trust, Marie A. Herbert, Trustee of the Jack A. Herbert Trust, and Blue Rock Investments, LLC for a change of zone from AG Agricultural District to R-3 Residential District and from AG Agricultural District to R-1 Residential District on property generally located at South 90th Street and A Street. (Related Items: 17-40, 17-41, 17R-82) Fact Sheet (1878K) 44) 17R-82 Approving a Conditional Annexation and Zoning Agreement among Jack A. Herbert, Trustee of the Marie A. Herbert Trust, Marie A. Herbert, Trustee of the Jack A. Herbert Trust, Blue Rock Investments, LLC, and the City of Lincoln regarding the construction of various public improvements necessitated by the requested annexation of property generally located at South 90th Street and A Street. (Related Items: 17-40, 17-41, 17R-82) Fact Sheet (310K) Attachment (1428K) PENDING LIST - DATE CERTAIN - NONE PENDING LIST 45) 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 MARCH, OPEN MICROPHONE SESSIONS WILL BE HELD ON MARCH 13TH & 27TH. ADJOURNMENT 3:36 P.M. UPCOMING HEARINGS Hearing date of Monday, March 20, 2017 at 3:00 p.m. on the Application of Jinghpaw LLC dba Yami Korean Cuisine for a Class C Liquor License at 2840 S. 70th Street, Suite 145. Hearing date of Monday, March 20, 2017 at 3:00 p.m. on the Manager Application of Garrett D. Lomeli for Swig LLC dba 9 South Chargrill at 844 South Street. Hearing date of Monday, March 20, 2017 at 3:00 p.m. on the Manager Application of Jamie A. Esquivel for Lincoln Blue Sushi, LLC dba Blue Sushi Sake Grill at 808 R Street, Suite 200. *** 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.