City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 10, 2017 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
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) Setting the Board of Equalization Hearing Date of
Monday, May 1, 2017 at 3:00 p.m. on the North 27th
Street Maintenance Improvement District, the University
Place Maintenance Improvement District, the South
Street Maintenance Improvement District, the Havelock
Maintenance Improvement District, the College View
Maintenance Improvement District and the West "O"
Street Maintenance Improvement District.(ADOPTED,
6-0; A-90362)
2) Clerk's Letter and Mayor's Approval of Resolution and
Ordinances Passed by City Council on March 20, 2017.
(PLACED ON FILE
3) Clerk's Letter and Mayor's Approval of Resolution and
Ordinances Passed by City Council on March 27, 2017.
(PLACED ON FILE
4) 2016 City Law Department Annual Report.(PLACED ON FILE
PETITIONS & COMMUNICATIONS
5) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 17027 to Final Plat No.
16049, Williamsburg Village North 37th Addition Final
Plat, approved by the Planning Director on March 30,
2017, to accept the Affidavit of Surveyor to correct
typographical errors on the final plat, generally
located at S. 34th Street and Old Cheney Road.
6) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT:
Special Permit No. 494F Requested by HarbourWest MHC,
to expand the Harbour West Meadows CUP (Community Unit
Plan) to allow a new waiver of Section 27.63.120(e) for
construction of carports in the required setback from
roadways, on generally located at 1440 West Plum Street.
Text Amendment No. 17003 Requested by James Christo,
to amend the Lincoln Municipal Code 27.67.030 and Design
Standards Chapter 3.75, to revise front yard parking
requirements in the R-5, R-6, and R-7 zoning districts
and to align Neighborhood Design Standards with zoning
code, and repealing Sections 27.67.030 of the Lincoln
Municipal code as hitherto existing.
Text Amendment No. 16015 Requested by Home Builders
Association of Lincoln, to amend Chapter 27.59 of the
Lincoln Municipal Code relating to Airport Zoning
Regulations to modify requirements for height permits,
by adding a new section numbered 27.59.065 to provide
exceptions to required height permits, and repealing
Sections 27.59.010 and 27.59.060 of the Lincoln Municipal
code as hitherto existing.
Text Amendment No. 17004 Requested by Airport Authority
of the City of Lincoln, NE, to amend Chapter 27.59 of
the Lincoln Municipal Code relating to Airport Zoning
Regulations to modify requirements for height permits,
by adding a new section numbered 27.59.065 to provide
exceptions to required height permits, adding a new
section numbered 27.59.067 regarding notice to FAA of
certain construction, and repealing Sections 27.59.010
and 27.59.060 of the Lincoln Municipal code as hitherto
existing.
Use Permit No. 15002A Requested by TR Novak, LLC, to
add 120 dwelling units on 12.23 acres, more or less,
on property generally located at NW 12th Street
southwest of Isaac Drive.
7) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
8) 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. (4/3/17
- Public Hearing & Action delayed 1 week to 4/10/17)
(ADOPTED FOR APPROVAL, 6-0; A-90363)
9) Application of Yummy China, Inc. dba Mr. Hui's II for
a Class I liquor license at 4131 Pioneer Woods Drive,
Suite 102.(ADOPTED FOR APPROVAL, 6-0; A-90364)
10) Manager Application of Nan Chen for Yummy China, Inc.
dba Mr. Hui's II at 4131 Pioneer Woods Drive, Suite
102.(ADOPTED FOR APPROVAL, 6-0; A-90365)
11) Application of Global Warming, Inc. dba The Mill for
a Class C liquor license at 2021 Transformation Drive,
Unit 3.(ADOPTED FOR APPROVAL, 6-0; A-90366)
12) Manager Application of Tamara S. Sloan for Global
Warming, Inc. dba The Mill at 2021 Transformation
Drive, Unit 3.(ADOPTED FOR APPROVAL, 6-0; A-90367)
13) Application of Halftime Sports Bar & Grill, LLC dba
Halftime Sports Bar & Grill for a Class I liquor
license at 200 West P Street.(ADOPTED FOR APPROVAL,
6-0; A-90368)
14) Manager Application of Michelle A. Anderson for
Halftime Sports Bar and Grill, LLC dba Halftime Sports
Bar and Grill at 200 West P Street.(ADOPTED FOR APPROVAL,
6-0; A-90369)
15) Application of Casey's Retail Company dba Casey's
General Store #2729 for a Class D liquor license at
5500 Superior Street.(ADOPTED FOR APPROVAL, 6-0; A-90370)
16) Manager Application of Tina M. Krings for Casey's
Retail Company dba Casey's General Store #2729 at 5500
Superior Street.(ADOPTED FOR APPROVAL, 6-0; A-90371)
17) Application of Casey's Retail Company dba Casey's
General Store #2745 for a Class D liquor license at
2243 North Cotner Boulevard.(ADOPTED FOR APPROVAL,
6-0; A-90372)
18) Manager Application of Tina M. Krings for Casey's
Retail Company dba Casey's General Store #2745 at 2243
North Cotner Boulevard.(ADOPTED FOR APPROVAL, 6-0;
A-90373)
19) Application of Omaha Exposition & Racing for a special
designated license to cover an outdoor area measuring
approximately 55 feet by 205 feet, 440 feet by 123
feet, and 35 feet by 60 feet at Lincoln Race Course at
7055 South 1st Street on May 5, 6, & 20; June 10;
September 8 & 15; and November 4, 2017 from 7:00 a.m.
to 1:00 a.m.(ADOPTED FOR APPROVAL, 6-0; A-90374)
20) Applications of Stonebridge Vineyard, Inc.;
Glacial Till Vineyard & Winery, LLC;
Niobrara Valley Vineyards LLC; BABS, Inc.;
Deer Springs Winery; Miretta Vista Winery;
Soaring Wings Vineyard, LLC; Aspire Cellars, LLC;
and Kimmel Orchard & Vineyard 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 APPROVAL, 6-0; A-90375)
21) Application of Glacial Till Vineyard for a special
designated license to cover an outdoor area measuring
approximately 10 feet by 10 feet at Old Cheney Road
Farmers Market at 5500 Old Cheney Road on April 30; May
7, 14, 21, & 28; June 4; July 23 & 30; August 6, 13,
20, & 27; September 3, 10, 17, & 24; and October 1, 8,
15, 22, & 29, 2017 between 10:00 a.m. and 2:00 p.m.
(ADOPTED FOR APPROVAL, 6-0; A-90376)
22) Application of Glacial Till Vineyard for a special
designated license to cover an outdoor area measuring
approximately 10 feet by 10 feet at Historic Haymarket
Farmers Market at 7th and P Streets on May 6, 13, 20,
& 27; June 3, 10, 17, & 24; July 1, 8, 15, 22, & 29;
August 5, 12, 19, & 26; September 2, 9, 16, 23, & 30;
and October 7 & 14, 2017 between 8:00 a.m. and noon.
(ADOPTED FOR APPROVAL, 6-0; A-90377)
PUBLIC HEARING - RESOLUTIONS
23) 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.(ADOPTED,
6-0; A-90378)
Fact Sheet (376K)
Attachment (4626K)
24) 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.(ADOPTED, 6-0; A-90379)
Fact Sheet (1399K)
Attachment (13251K)
25) 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)(ADOPTED, 6-0; A-90380)
Fact Sheet (371K)
Attachment (3083K)
26) 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)(ADOPTED, 6-0; A-90381)
Fact Sheet (239K)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
(ITEMS 27 THRU 32 HAD 2ND READING. SEE ITEMS 28 AND 32)
27) 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)
28) 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 for 2nd & 3rd Reading
w/Action on 4/10/17)(RULES SUSPENDED TO HAVE 3RD READING
& ACTION ON THIS DATE, 6-0; PASSED, 6-0; #20477)
Fact Sheet (290K)
29) 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)
30) 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)
31) 17-46 Authorizing the issuance of Tax Allocation Bonds for
the Lumberworks Liner Building Redevelopment Project.
(Related Items: 17R-96, 17R-95, 17-46)
32) 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.(PUBLIC HEARING
CONTINUED 3 WEEKS TO 5/1/17, 6-0)
Fact Sheet (2290K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS
33) 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)(MTA #1 ADOPTED,
6-0; ADOPTED AS AMENDED, 6-0; A-90382)
Fact Sheet (479K)
Attachment (5043K)
Motion To Amend (9K)
Agreement (2216K)
34) 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)(MOTION TO SPLIT THE QUESTION
APPROVED, 6-0; AYES: CHRISTENSEN, ESKRIDGE, FELLERS,
GAYLOR BAIRD, LAMM, RAYBOULD; NAYS: NONE; ABSENT: CAMP;
17R-97A APPROVING TIF, ADOPTED, 6-0; AYES: CHRISTENSEN,
ESKRIDGE, FELLERS, GAYLOR BAIRD, LAMM, RAYBOULD; NAYS:
NONE; ABSENT: CAMP; A-90383; 17R-97B APPROVING EEA,
ADOPTED, 4-2; AYES: CHRISTENSEN, ESKRIDGE, GAYLOR BAIRD,
RAYBOULD; NAYS: FELLERS, LAMM; ABSENT: CAMP; A-90384)
Fact Sheet (477K)
35) 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)(PASSED, 4-2; AYES: CHRISTENSEN,
ESKRIDGE, GAYLOR BAIRD, RAYBOULD; NAYS: FELLERS, LAMM;
ABSENT: CAMP; #20478)
Fact Sheet (486K)
36) 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)(MTA #1 ADOPTED, ; PASSED AS
AMENDED, 6-0; #20479)
Motion To Amend (7K)
Substitute (13357K)
37) 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)(MTA #1 ADOPTED, 4-2;
AYES: CHRISTENSEN, ESKRIDGE, GAYLOR BAIRD, RAYBOULD; NAYS:
FELLERS, LAMM; ABSENT: CAMP; PASSED AS AMENDED, 4-2; AYES:
CHRISTENSEN, ESKRIDGE, GAYLOR BAIRD, RAYBOULD; NAYS: FELLERS,
LAMM; ABSENT: CAMP; #20480)
Motion To Amend (7K)
Substitute (518K)
RESOLUTIONS - 1ST READING (ITEM 38 HAD 1ST READING)
38) 17R-105 Accepting the report of new and pending claims against
the City and approving disposition of claims set forth
for the period of March 16-31, 2017.
Fact Sheet (30K)
Attachment (55K)
ORDINANCES - 1ST READING & RELATED RESOLUTIONS
(ITEMS 39 THRU 44 HAD 1ST READING. SEE ITEMS 39 THRU 41 AND ITEM 44)
39) 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) (4/3/17 - Introduction delayed 1 week to
4/10/17)
Memo (7K)
40) 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)(MOTION TO DELAY
INTRODUCTION 1 WEEK TO 4/17/17, 6-0)(4/3/17 - Introduction
delayed 1 week to 4/10/17)(MOTION TO DELAY INTRODUCTION
1 WEEK TO 4/17/17, 6-0)
Memo (7K)
41) 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) (4/3/17 -
Introduction delayed 1 week to 4/10/17)(MOTION TO DELAY
INTRODUCTION 1 WEEK TO 4/17/17, 6-0)
Memo (7K)
42) 17-54 Annexation 17003 Amending the Lincoln Corporate Limits
Map by annexing approximately 7.19 acres of property
generally located at South 80th Street and Lilee Lane.
Fact Sheet (3800K)
Attachment (490K)
43) 17-55 Change of Zone 17004 Application of Rokeby Holdings,
LTD for a change of zone from AG Agricultural District
to R-3 Residential District on property generally located
at South 80th Street and Lilee Lane.
Fact Sheet (3800K)
44) 17-56 Amending Title 2 of the Lincoln Municipal Code relating
to establishing an appropriate funding level for the
City's Police and Fire Pension plans.(MOTION TO DELAY
INTRODUCTION 1 WEEK TO 4/17/17, 6-0)
Fact Sheet (217K)
Attachment (1034K)
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)(WITHDRAWN, 6-0; #38-4680)
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 4:35 P.M.
UPCOMING HEARINGS
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.
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.
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.
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.
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.
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.
***
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.