City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 3, 2017 AT 3:00 P.M.
2016 ANNUAL MAYOR'S AWARD OF EXCELLENCE PRESENTED TO
JASON STEGE FROM PUBLIC WORKS & UTILITIES/ STARTRAN
AND HONORABLE MENTION RECIPIENT
INVESTIGATOR ROBERT HURLEY FROM LPD
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-93 Approving a Contract between the City of Lincoln
and J&M Displays, Inc. for Independence Day
Fireworks Display, pursuant to Bid No. 16-263,
for a term beginning upon execution of the contract
through December 1, 2017 with the option to renew
for one additional three year term. (ADOPTED, 5-0;
A-90344)
2) Approving the Distribution of Funds Representing
Interest Earnings on Short-term Investments of Idle
Funds During the Month Ended February 28, 2017.
(ADOPTED, 5-0; A-90345)
3) Report from the City Treasurer of City Cash on Hand
at the Close of Business February 28, 2017. (PLACED
ON FILE)
PETITIONS & COMMUNICATIONS
4) Setting the hearing date of Monday, April 17, 2017 at 3
p.m. on the Manager Application of Kevin S. Drought for
Red Robin International Inc. dba Red Robin America's
Gourmet Burgers & Spirits at 2707 Pine Lake Road.
(ADOPTED, 5-0; A-90346)
5) Setting the hearing date of Monday, April 17, 2017 at 3
p.m. on the Manager Application of Joseph M. Holmes for
MVPZ AND ME-LINCOLN LLC dba BurgerFi at 300 Canopy
Street, Suite 150. (ADOPTED, 5-0; A-90347)
6) Setting the hearing date of Monday, April 17, 2017 at 3
p.m. on the Manager Application of Katrin Zimmerman for
Bruno Enterprises Inc. dba Buffalo Wild Wings at 1328 P
Street. (ADOPTED, 5-0; A-90348)
7) Setting the hearing date of Monday, April 17, 2017 at 3
p.m. on the Manager Application of Katrin Zimmerman for
Bruno Enterprises Inc. dba Buffalo Wild Wings at 7301
S. 27th Street, Suite 100. (ADOPTED, 5-0; A-90349)
8) Setting the hearing date of Monday, April 17, 2017 at 3
p.m. on the Manager Application of Charles E. LeCorgne
Jr. for Levy Premium Foodservice, LP dba Levy
Restaurants @ Haymarket Park at 403 Line Circle Drive.
(ADOPTED, 5-0; A-90350)
9) Setting the hearing date of Monday, April 17, 2017 at 3
p.m. on the Manager Application of Adam Micheletti for
Star City Hockey LLC dba Lincoln Stars at 1880
Transformation Drive. (ADOPTED, 5-0; A-90351)
10) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 16068 to Special Permit
No. 04017, T-Mobile Collocation, approved by the
Planning Director on March 21, 2017, to show a third
collocation on the existing wireless facility along
with a third ground equipment shelter which meets the
setbacks of the zoning district, generally located at
4221 J Street.
Administrative Amendment No. 17009 to Use Permit
No. 145B, Pine Lake Plaza, approved by the Planning
Director on March 21, 2017, to increase the floor
area for Lot 6 from 10,000 square feet to 24,000
square feet and the overall center from 209,014 to
223,014 square feet, generally located at South 84th
Street and Highway 2.
Administrative Amendment No. 17017 to Change or Zone
No. 2751B, Van Dorn Acres PUD, approved by the Planning
Director on March 21, 2017, to increase the floor area
for Building 11 from 5,000 square feet to 6,550 square
feet, generally located at South 84th and Van Dorn
Streets.
Administrative Amendment No. 17023 to Board of Zoning
Appeals No. 843, approved by the Planning Director on
March 21, 2017, to rescind Board of Zoning Appeals No.
843 permitting a variance in the rear yard for a garage,
generally located at 2340 Woodsdale Boulevard.
Administrative Amendment No. 17025 to Administrative
Permit No. 00016, Sprint at Mahony Manor, approved by
the Planning Director on March 22, 2017, to rescind
Administrative Permit No. 00016 for a cellular antennae
on Mahoney Manor, generally located at North 61st Street
and Ballard Avenue.
11) MISCELLANEOUS REFERRALS - NONE.
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
12) Application of Hy-Vee Inc. dba Hy-Vee Restaurant 5 for
a Class I liquor license at 7151 Stacy Lane.
(ADOPTED FOR APROVAL, 5-0; A-90352)
13) Manager Application of Robert A. Reif for Hy-Vee Inc.
dba Hy-Vee Restaurant 5 at 7151 Stacy Lane.
(ADOPTED FOR APROVAL, 5-0; A-90353)
14) Application of McFarland Family Farms, LLC dba Mac's
Creek Vineyards & Winery for a special designated
license to cover an outdoor area measuring approximately
10 feet by 10 feet at Haymarket Farmers Market at Canopy
Street and Q Street on May 6, 20, & 27; June 3, 17, & 24;
July 15, 22, & 29; and August 5, 19, & 26, 2017 between
8:00 a.m. and noon. (ADOPTED FOR APROVAL, 5-0; A-90354)
15) Application of McFarland Family Farms, LLC for a
special designated license to cover an outdoor area
measuring approximately 60 feet by 90 feet at The
Shoppes at Piedmont at 1265 South Cotner Boulevard on
May 20, 2017 between 3:00 p.m. and 11:00 p.m.
(ADOPTED FOR APROVAL, 5-0; A-90355)
16) Application of Whiskey Run Creek Vineyard & Winery, LLC
for a special designated license to cover an outdoor
area measuring approximately 1000 feet by 700 feet plus
irregular upper level of baseball field measuring
approximately 600 feet by 700 feet including a bar
measuring approximately 20 feet by 12 feet and a buffet
area to the south measuring approximately 30 feet by 25
feet at Haymarket Park at 403 Line Drive Circle on May
25, 2017 between 6:00 p.m. and 11:00 p.m.
(ADOPTED FOR APROVAL, 5-0; A-90356)
17) Application of Whiskey Run Creek Vineyard & Winery, LLC
for a special designated license to cover an outdoor
area measuring approximately 60 feet by 90 feet at The
Shoppes at Piedmont at 1265 South Cotner Boulevard on
May 20, 2017 between 3:00 p.m. and 11:00 p.m.
(PUBLIC HEARING AND ACTION DELAYED 1 WEEK TO 4/3/17, 5-0)
18) Application of SMG Food & Beverage LLC for a special
designated license to cover an outdoor area measuring
approximately 556 feet by 525 feet at Pershing Center
at 226 Centennial Mall South on June 30, 2017 between
8:00 a.m. and 1:00 a.m. (ADOPTED FOR APROVAL, 5-0;
A-90357)
19) Application of Moran's Liquor Works, LLC for a special
designated license to cover an outdoor area measuring
approximately 36 feet by 45 feet at 3400 A Street on
April 20; May 13, 14, 15, 16, 17, & 18; June 15; July
20; August 17; and September 21, 2017 between 3:00 p.m.
and 7:00 p.m. (ADOPTED FOR APROVAL, 5-0; A-90358)
20) Application of Empyrean Brewing Co. for a special
designated license to cover an indoor area measuring
approximately 70 feet by 70 feet and an outdoor area
measuring approximately 50 feet by 50 feet at 300 South
7th Street on April 20; May 18; June 15; July 20; August
17; and September 21, 2017 between 5:00 p.m. and 11:00 p.m.
(ADOPTED FOR APROVAL, 5-0; A-90359)
PUBLIC HEARING - RESOLUTIONS
21) 17R-86 Amending the Lincoln-Lancaster County Air Pollution
Control Regulations and Standards to assure consistency
with Federal and State air quality regulations.(3/20/17
- Introduction delayed 1 week to 3/27/17)
(ADOTPED, 5-0; A-90360)
Fact Sheet (468K)
Attachment (19253K)
22) 17R-94 Approving the labor contract between the City of
Lincoln and the Lincoln Police Union (LPU) for a term
effective August 11, 2016 through August 31, 2019.
(ADOTPED, 5-0; A-90361)
Fact Sheet (214K)
Attachment (278K)
Redline (281K)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
(ITEMS 23 THRU 27 HAD 2ND READING)
23) 17R-98 Approving the 9th and O Redevelopment Agreement
between the City of Lincoln and HLI Development,
LLC relating to the redevelopment of property
generally bounded by 9th Street on the west, 10th
Street on the east, and O Street on the north.
(Related Items: 17R-98, 17R-97, 17-47, 17-48, 17-49)
(Action Date: 4/10/17)
Fact Sheet (479K)
Attachment (5043K)
Motion To Amend (9K)
Motion To Amend Attachment (2216K)
24) 17R-97 Amending the FY 16/17 CIP to authorize and appropriate
$14,013,514 $11,663,514 in TIF funds and $2,350,000
in EEA funds for the 9th and O Redevelopment Project.
(Related Items: 17R-98, 17R-97, 17-47, 17-48, 17-49)
(Action Date: 4/10/17)
Fact Sheet (477K)
25) 17-47 Authorizing a two percent (2%) occupation tax, effective
January 1, 2020, on gross receipts for the operation of
a General Business within the designated Enhanced
Employment Area to be used to pay for construction and
operation of two hotels to be located within the 9th and
O redevelopment area. (Related Items: 17R-98, 17R-97,
17-47, 17-48, 17-49)
Fact Sheet (486K)
26) 17-48 Authorizing the issuance of Tax Allocation Bonds for the
9th and O Redevelopment Project.(Related Items: 17R-98,
17R-97, 17-47, 17-48, 17-49)
Motion To Amend (7K)
Substitute (13357K)
27) 17-49 Authorizing the issuance of Occupation Tax Revenue Bonds
for the 9th and O Redevelopment Project. (Related Items:
17R-98, 17R-97, 17-47, 17-48, 17-49)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS
28) 17-43 Approving a Master Lease Agreement between the City of
Lincoln and Mobilitie, LLC for the purpose of installing,
maintaining, and operating communications equipment on
certain City of Lincoln properties, utility poles, and/or
facilities. (PASSED, 5-0; #20474)
Fact Sheet (299K)
Attachment (8118K)
29) 17-44 Change of Zone 16045 Application of EADO, LLC for a
change of zone from B-4 Business District to B-4 Business
District PUD; for a Planned Unit Development District
designation of said property; and for a development
plan which proposes modifications to the Zoning Ordinance,
Land Subdivision Ordinance, and Design Standards to foster
an urban mixed-use area, including office, residential,
retail, and other commercial activities, on property
generally bounded by O Street on the north, Antelope
Creek on the east, K Street on the south, and Antelope
Valley Parkway on the west. (MTA #1 ADOPTED, 5-0; PASSED
AS AMENDED, 5-0; #20475)
Fact Sheet (2030K)
30) 17-45 Approving a contract between the City of Lincoln and
Lincoln Haymarket Development Corporation to conduct
and regulate a Saturday public market in the Haymarket
area, 7th Street from P to Q Street, P Street from 7th
to 8th Street, Q Street from 7th to Canopy Street, and
Canopy Street from P to Q Street from May 6, 2017 through
October 14, 2017; and on 8th Street from P to Q Street
from May 6, 2017 through August 26, 2017.
(PASSED, 5-0; #20476)
Fact Sheet (296K)
Attachment (4962K)
RESOLUTIONS - 1ST READING (ITEMS 31 THRU 34 HAD 1ST READING)
31) 17R-100 Approving the renewal of an Interlocal Service Agreement
between the City of Lincoln and the Board of Regents of
the University of Nebraska-Lincoln for hosting and
maintaining a portal for online food handler and city
alcohol training programs and providing technical support
services.
Fact Sheet (376K)
Attachment (4626K)
32) 17R-99 Comp. Plan Conformance 17004 Approving the proposed
Cotner and P Street Redevelopment Plan on approximately
11.6 acres for a 4-story multi-family residential
infill development with approximately 153 market-rate
residential units, and associated underground and
surface parking, on property generally located between
P and R Streets, 56th Street to North Cotner Boulevard.
Fact Sheet (1399K)
Attachment (13251K)
33) 17R-101 Approving the Nebraska Innovation Campus (NIC) Phase
II Redevelopment Agreement between the City of Lincoln
and Nebraska Nova, LLC relating to the redevelopment of
property generally located near the intersection of 21st
and Transformation Drive for a new three story office
building of approximately 80,000 square feet and related
public improvements. (Related Items: 17R-101, 17R-102)
Fact Sheet (371K)
Attachment (3083K)
34) 17R-102 Amending the FY 16/17 CIP to authorize and appropriate
$3,116,291 in TIF funds for the Nebraska Innovation
Campus (NIC) Phase II Project. (Related Items: 17R-
101, 17R-102)
Fact Sheet (239K)
ORDINANCES - 1ST READING & RELATED RESOLUTIONS
(ITEMS 35 THRU 43 HAD 1ST READING. SEE ITEM 36 AND 40 THRU 42)
35) 17-50 Adopting the supplements to the Lincoln Municipal Code
dated June 2016 and December 2016 as part of the official
Lincoln Municipal Code.
Fact Sheet (220K)
Attachment (229965K)
36) 17-52 Ordinance approving a Master Tax-Exempt Lease/Purchase
Agreement and Property Schedule No. 3 with U.S. Bancorp
Government Leasing and Finance, Inc. and a related escrow
agreement for street maintenance equipment in the amount
of $2,232,502.76. (REQUEST TO HAVE 2ND AND 3RD READING
ON 4/10/17)
Fact Sheet (290K)
37) 17R-96 Approving the Lumberworks Liner Building Redevelopment
Agreement between the City of Lincoln and Lumberworks
Lofts, LLC relating to the redevelopment of property
generally located east of Canopy Street and south of
O Street adjacent to the Lumberworks Parking Garage.
(Related Items: 17R-96, 17R-95, 17-46) (Action date:
4/17/17)
Fact Sheet (443K)
Attachment (3044K)
38) 17R-95 Amending the FY 16/17 CIP to authorize and appropriate
$2,041,096 in TIF funds for the Lumberworks Liner
Building Redevelopment Project. (Related Items: 17R-
96, 17R-95, 17-46)(Action date: 4/17/17)
Fact Sheet (441K)
39) 17-46 Authorizing the issuance of Tax Allocation Bonds for
the Lumberworks Liner Building Redevelopment Project.
(Related Items: 17R-96, 17R-95, 17-46)
40) 17R-103 Approving the 11th and P & Lincoln Commercial Club
Redevelopment Agreement among the City of Lincoln,
Cas-Neb-neda, LLC, Lincoln Commercial Club, LLC,
and Commercial Club Enterprises, LLC relating to the
redevelopment of property generally located at 200
North 11th Street and 211 North 11th Street on the
southwest corner of Block 36 and adjacent right of
way.(Related Items: 17R-103, 17R-104, 17-53) (Action
date: 4/17/17) (INTRODUCTION DELAYED 1 WEEK TO
4/10/17, 5-0)
Memo (7K)
41) 17R-104 Amending the FY 16/17 CIP to authorize and appropriate
$1,583,357 in TIF funds for the 11th and P & Lincoln
Commercial Club Project. (Related Items: 17R-103,
17R-104, 17-53) (Action date: 4/17/17)
(INTRODUCTION DELAYED 1 WEEK TO 4/10/17, 5-0)
Memo (7K)
42) 17-53 Authorizing the issuance of Tax Allocation Bonds for the
11th and P & Lincoln Commercial Club Redevelopment Project.
(Related Items: 17R-103, 17R-104, 17-53)
(INTRODUCTION DELAYED 1 WEEK TO 4/10/17, 5-0)
Memo (7K)
43) 17-51 Text Amendment 16020 Amending Title 27 of the Lincoln
Municipal Code relating to the Zoning Code by amending
Section 27.62.100(c)(2) to modify the front and side yard
setbacks for car sales and remove conditions that are no
longer needed; by amending Section 27.67.040 to create a
new parking requirement for motorized vehicle sales for
lots less than two acres; and repealing Sections 27.62.100
(c)(2) and 27.67.040 of the Lincoln Municipal Code as
hitherto existing.
Fact Sheet (2290K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST
44) 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 APRIL, OPEN MICROPHONE SESSIONS WILL BE HELD
ON APRIL 10TH & 24TH.
ADJOURNMENT - 4:14 P.M.
UPCOMING HEARINGS
Hearing date of Monday, April 10, 2017 at 3:00 p.m. on the
Application of Casey's Retail Company Inc dba Casey's General
Store #2745 for a Class D Liquor License at 2243 N. Cotner Blvd.
Hearing date of Monday, April 10, 2017 at 3:00 p.m. on the
Application of Casey's Retail Company Inc dba Casey's General
Store #2749 for a Class D Liquor License at 5500 Superior Street.
Hearing date of Monday, April 10, 2017 at 3:00 p.m. on the
Application of Halftime Sports Bar and Grill LLC dba Halftime Bar
& Grill for a Class I Liquor License at 200 W. P Street.
Hearing date of Monday, April 10, 2017 at 3:00 p.m. on the
Application of Yummy China Inc dba Mr. Hui's II for a Class I
Liquor License at 4131 Pioneer woods Drive, Suite 102.
Hearing date of Monday, April 10, 2017 at 3:00 p.m. on the
Application of Global Warming Inc. dba The Mill for a Class C
Liquor License at 2021 Transformation Drive, Unit 3.
***
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
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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.