City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 24, 2017 AT 5:30 P.M.
ALL MEMBERS PRESENT
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-106 Appointing Dr. Ellen Weissinger to the Community
Health Endowment Board of Trustees for a term
expiring September 1, 2018. (ADOPTED, 7-0; A-90400)
2) 17R-107 Appointing Dr. Sheri Blok to the Commission on
Human Rights for a term expiring December 31,
2018. (ADOPTED, 7-0; A-90401)
3) Approving the Assessment Resolution for
College View Business Improvement District and
assessing the cost against the benefitted properties.
(ADOPTED, 7-0; A-90402)
4) Approving the Assessment Resolution for
Havelock Business Improvement District and Assessing
the cost against the benefitted properties.
(ADOPTED, 7-0; A-90403)
5) Approving the Assessment Resolution for
North 27th Street Maintenance Business Improvement District
and Assessing the cost against the benefitted
properties. (ADOPTED, 7-0; A-90404)
6) Approving the Assessment Resolution for
South Street Business Improvement District
and Assessing the cost against the benefitted
properties. (ADOPTED, 7-0; A-90405)
7) Approving the Assessment Resolution for
University Place Maintenance Business Improvement District
and Assessing the cost against the benefitted
properties. (ADOPTED, 7-0; A-90406)
8) Approving the Assessment Resolution for
West O Street Maintenance Business Improvement District
and Assessing the cost against the benefitted
properties. (ADOPTED, 7-0; A-90407)
9) Clerk's Letter and Mayor's Approval of Ordinance
#20477 Passed by City Council on April 10, 2017.
(PLACED ON FILE)
10) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinance #20478 to #20480 Passed by City Council
on April 10, 2017. (PLACED ON FILE)
11) Lincoln Electric Systems Financial & Operating
Statement for February, 2017.(PLACED ON FILE)
12) Black Hills Energy Annual Report for 2016. (PLACED ON
FILE)
PETITIONS & COMMUNICATIONS
13) Setting the hearing date of Monday, May 8, 2017 at
3:00 p.m. on the Application of Hacienda Real II LLC
dba Hacienda Real II for a Class I Liquor License at
4811 NW 1st Street. (ADOPTED, 7-0; A-90408)
14) Setting the hearing date of Monday, May 8, 2017 at
3:00 p.m. on the Application of GNS Corporation dba
Discount City for a Class C Liquor License at 5560 S
48th Street, Suite 6. (ADOPTED, 7-0; A-90409)
15) Setting the hearing date of Monday, May 1 8, 2017 at
3 p.m. on the Manager Application of Mary M. Bailey
for Kwik Shop, Inc. dba Kwik Shop: #680 at 2805 1441
N Cotner Blvd, # 650 at 5600 Holdrege Street, #646 at
3301 Holdrege Street, #642 at 3939 A Street, #641 at
2811 n 48th Street, #637 at 2710 W Street, #635 at 2330
North First Street, #634 at 2940 North 14th Street, #632
at 3602 Touzalin, #619 at 2302 Cornhusker Hyw, #618 at
4750 Calvert Street, #662 at 2040 South 56th Street,
#663 at 4400 Cornhusker Hyw, #681 at 4400 O Street.
(ADOPTED, 7-0; A-90410)
16) Setting the hearing date of Monday, May 8, 2017 at 3
p.m. on the Manager Application of Jason J. Schmick
for Schmick's Market, Inc. dba Schmick's Market at
2727 North 11th Street and Schmick's Market at 1340
West O Street. (ADOPTED, 7-0; A-90411)
17) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT:
Change of Zone No. 17006 - Requested by REGA
Engineering, Inc., from AGR (Agricultural Residential
District) to R-3 (Residential District), on property
generally located at SW 27th and West A Streets.
Special Permit No. 04054B - Requested by REGA
Engineering, adding approximately 1.03 acres, more
or less, into the boundary associated with 7 new lots
along with other minor revisions to the lot layout, on
property generally located at SW 27th and West A Streets.
Special Permit No. 450Q - Requested by Erickson Sullvan
Architects, to expand Special Permit No. 450P to include
additional properties within the existing Special Permit
and thereby allow parking on these sites, on property
generally located at 5401 and 5445 South Street, and 2121
South 56th Street.
Text Amendment No. 17007 - Requested by Erickson Sullvan
Architects, amending Sections 27.26.090 and 27.72.130(e)
of the Lincoln Municipal Code, by repealing Section 27.26.090
regarding the location of buildings, structures, parking,
and access drives and the preservation of required open
space in the O-2 Suburban Office District whenever the O-2
district extends further from the street than any abutting
B-1, B-3, B-4, H-2, H-3, or I-1 district; amending Section
27.72.130 to delete an identical provision in Subsection
(e); and repealing Section 27.72.130 (e) as hitherto existing.
18) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
19) Application of Zipline Brewing Co. for a special designated
license to cover an outdoor area measuring approximately 86
feet by 52 feet at Zipline Beer Hall at 5740 Hidcote Drive
on May 17, 2017 between noon and 10:00 p.m. (ADOPTED FOR
APPROVAL, 7-0; A-90412)
PUBLIC HEARING - RESOLUTIONS - NONE
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
(ITEMS 20 AND 24 HAD 2ND READING SEE ITEM #23)
20) 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) (4/3/17 - Introduction delayed 1 week to 4/10/17)
(4/10/17 - Introduced delayed 1 week to 4/17/17) (Action
date: 5/1/17)
Fact Sheet (455K)
Attachment (1383K)
21) 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) (4/3/17 - Introduction delayed 1 week
to 4/10/17) (4/10/17 - Introduced delayed 1 week to
4/17/17) (Action date: 5/1/17)
Fact Sheet (457K)
22) 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) (4/10/17 -
Introduced delayed 1 week to 4/17/17)
23) 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. (4/10/17 - Introduced delayed
1 week to 4/17/17) (Request to continue Public Hearing to
5/1/17 with Action on 5/8/17) (PUBLIC HEARING CONTINUED
1 WEEK TO 5/1/17 WITH ACTION ON 5/08/17, 7-0)
Fact Sheet (217K)
Attachment (1034K)
Motion To Amend (6K)
Substitute (35K)
Substitute Attachment (1035K)
24) 17-57 Street & Alley Vacation 17001 Vacating a portion of the
northeast corner of the intersection of South Canopy Street
and N Street right-of-way.
Fact Sheet (3942K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS
25) 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. (Related Items:
17-54, 17-55) (PASSED, 7-0; #20483)
Fact Sheet (3800K)
Attachment (490K)
26) 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. (Related Items: 17-54, 17-55)
(PASSED, 7-0; #20484)
Fact Sheet (3800K)
RESOLUTIONS - 1ST READING (ITEMS 27 AND 32 HAD 1ST READING)
27) 17R-108 Reappointing Martin Kasl and R.J. Lippert to the Fire
Sprinkler & Chemical Examining Board for terms expiring
November 24, 2019. (Consent)
28) 17R-109 Appointing Shane Meininger to the Fire Sprinkler &
Chemical Examining Board for a term expiring November
24, 2019. (Consent)
Attachment (163K)
29) 17R-110 Approving Endgame Operating Group LLC dba Big Red
Restaurant & Sports Bar as a keno satellite at 8933
Andermatt Drive.
Fact Sheet (228K)
30) 17R-113 Accepting the report of new and pending claims against
the City and approving disposition of claims set forth
for the period of April 1-15, 2017.
Fact Sheet (30K)
Attachment (55K)
31) 17R-114 Approving an Interlocal Agreement between the City of
Lincoln and Lancaster County on behalf of Lancaster
County Corrections Community Service Program to conduct
roadside litter pickup along county roads by inmates and
to provide supervision of the inmates for a term of May
1, 2017 through December 31, 2017.
Fact Sheet (366K)
Attachment (2068K)
32) 17R-115 Approving an Interlocal Agreement between the City of
Lincoln and the Board of Regents of the University of
Nebraska to provide, maintain, and update online food
handler training programs as federal, state, and local
laws, regulations, and guidelines change.
Fact Sheet (368K)
Attachment (4767K)
ORDINANCES - 1ST READING & RELATED RESOLUTIONS
(ITEMS 33 THRU 38 HAD 1ST READING)
33) 17-58 Creating Alley Re-Paving District No. 51 from
18th Street to Antelope Valley Parkway between O and N
Streets.
Fact Sheet (332K)
34) 17-59 Text Amendment 17003 Amending Chapter 27.67 of the
Lincoln Municipal Code relating to Parking by amending
Section 27.67.030 to allow parking in the front yard in
the R-4, R-5, R-6, and R-7 zoning districts when the
property is used for single family dwellings, two family
dwellings, and townhouses and to allow required parking
spaces to be stacked, and repealing Section 27.67.030 as
hitherto existing.
Fact Sheet (36K)
35) 17-61 Approving a Real Estate Sales Agreement between the City
of Lincoln and Kirk Havranek for the sale of City owned
properties generally located at 5122, 5132, and 5142 Betty
Lou Boulevard.
Fact Sheet (418K)
Attachment (1527K)
36) 17R-112 Approving the Nature's Variety Phase One Redevelopment
Agreement between the City of Lincoln and Nature's
Variety, Inc. relating to the redevelopment of Lots 4-6,
Block 1, EDM Industrial Center Addition, Lincoln,
Lancaster County, Nebraska, generally located at 311,
321, and 333 Southwest 32nd Street, for the construction
of an approximately 24,000 square foot freeze-drying
facility. (Related Items: 17R-112, 17R-111, 17-60)
(Action Date: 5/8/17)
Fact Sheet (342K)
Attachment (19641K)
37) 17R-111 Amending the FY 16/17 CIP to authorize and appropriate
$275,000.00 in TIF funds for the Nature's Variety Phase
One Project. (Related Items: 17R-112, 17R-111, 17-60)
(Action Date: 5/8/17)
Fact Sheet (343K)
38) 17-60 Authorizing the issuance of Tax Allocation Bonds for the
Nature's Variety Phase One Project. (Related Items:
17R-112, 17R-111, 17-60)
PENDING LIST - DATE CERTAIN
39) 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. (4/10/17 - Public Hearing cont'd 3
weeks to 5/1/17)
Fact Sheet (2290K)
PENDING LIST - NONE
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 6:30 P.M.
UPCOMING HEARINGS
Board of Equalization Hearing to be held on 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.
Hearing date of Monday, May 1, 2017 at 3 p.m. on the Manager
Application of Peter T. Clarke for Foodmart II Inc. dba Market
Place IGA at 4646 W. Huntington Avenue.
Hearing date of Monday, May 1, 2017 at 3 p.m. on the Manager
Application of Robert E. Miller for JSD LLC dba Huskerville Pub &
Pizza at 2805 NW 48th Street.
Hearing date of Monday, May 1, 2017 at 3 p.m. on the Manager
Application of Jay Gates for RMH Franchise Corporation dba
Applebee's Neighborhood Grill & Bar at 6100 O' Street, Unit 318,
3951 N. 27th Street and 3730 Village Drive.
Hearing date of Monday, May 1, 2017 at 3:00 p.m. on the Application
of Burt Family Bar-B-Que LLC dba Phat Jack's BBQ for a Class IK
Liquor License at 101 SW 14th Place
Hearing date of Monday, May 1, 2017 at 3:00 p.m. on the Application
of Seven Diamonds LLC dba Talon Room for a Class CK Liquor License
at 230 N. 12th Street, Suite 1.
Hearing date of Monday, May 1, 2017 at 3:00 p.m. on the Application
of Food for Thought LLC dba Bread & Cup for a Class C Liquor
License at 440 N. 8th Street.
Hearing date of Monday, May 1, 2017 at 3:00 p.m. on the Application
of Endgame Operating Group LLC dba Big Red Restaurant & Sports Bar
for a Class C Liquor License at 8933 Andermatt 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.