City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE BOARD OF EQUALIZATION HELD
MONDAY, MAY 1, 2017, 3:00 P.M.
ALL MEMBERS PRESENT
CALL TO ORDER
ELECTION OF CHAIR
CITY CLERK READ ITEMS INTO THE RECORD:
College View Maintenance Business Improvement District
generally extending from: South 48th Street between
Calvert Street and Pioneers Boulevard. (APPROVED, 7-0)
Havelock Street Maintenance Business Improvement District
generally extending from: Havelock Avenue from Cornhusker
Highway on the west to 64th Street on the east. (APPROVED,
7-0)
North 27th Street Maintenance Business Improvement District
generally extending from: North 26th Street on the west to
North 28th Street on the east and from the centerline of O
Street on the north to Fair Street on the south primarily
including those properties abutting North 27th Street.
(APPROVED, 7-0)
South Street Maintenance Business Improvement District
generally extending from: South Street from the alley west
of 9th Street east to 19th Street. (APPROVED, 7-0)
University Place Maintenance Business Improvement District
generally extending along North 48th Street from Colby
Street on the South to the Half Block North of Adams Street
on the North and along Saint Paul Avenue from North 47th
Street to North 50th Street. (APPROVED, 7-0)
West O Street Maintenance Business Improvement District
generally along West "O" Street from 3rd Street on the east
to Homestead Expressway on the west and including the property
abutting the north and south sides of said West "O" Street
Right-of-Way. (APPROVED, 7-0)
REMARKS BY/QUESTIONS OF URBAN DEVELOPMENT DEPARTMENT STAFF
PUBLIC TESTIMONY
VOTING SESSION
ADJOURNMENT - 3:05 P.M.
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 1, 2017 AT 3:00 P.M.
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-108 Reappointing Martin Kasl and R.J. Lippert to the Fire
Sprinkler & Chemical Examining Board for terms expiring
November 24, 2019. (ADOPTED, 7-0; A-90413)
2) 17R-109 Appointing Shane Meininger to the Fire Sprinkler &
Chemical Examining Board for a term expiring November
24, 2019. (ADOPTED, 7-0; A-90414)
Attachment (163K)
3) Approving the Distribution of Funds Representing
Interest Earnings on Short-term Investments of Idle
Funds During the Month Ended March 31, 2017. (ADOPTED,
7-0; A-90415)
4) Approving the City of Lincoln's Investment Activity
Report from the City Treasurer for the Second Quarter,
Fiscal Year, 2016 - 2017. (ADOPTED, 7-0; A-90416)
5) Clerk's Letter and Mayor's Approval of Resolution and
Ordinances Passed by City Council on April 17, 2017.
(PLACED ON FILE)
6) Report from the City Treasurer of City Cash on Hand at
the Close of Business March 31, 2017. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
7) Setting the hearing date of Monday, May 8, 2017 at 3:00
p.m. on the Manager Application of Andrea R. Holmstedt
for LNK2 Lodging LLC dba Fairfield Inn & Suites Lincoln
Airport at 1000 W Bond Street, Holiday Inn Express &
Suites Lincoln Airport at 1101 W Commerce Way, Husker
Management Inc dba Holiday Inn Express Suites Lincoln
Southeast at 8801 Amber Hill Ct and Tamarin Lodging LLC
dba Holiday Inn Lincoln Southwest at 2500 Tamarin Rdg
Rd. (ADOPTED, 7-0; A-90417)
8) Setting the hearing date of Monday, May 15, 2017 at
3:00 p.m. on the Application of O'Neill's Buzzsaw 3 LLC
dba O'Neill's Buzzsaw 3 Bar for a Class C Liquor
License at 5250 Cornhusker Hwy.(ADOPTED, 7-0; A-90418)
9) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 17032 to Special Permit
No. 1527A, Pelican Bay CUP, approved by the Planning
Director on April 11, 2017, to allow covered decks and
patios in the rear yard of Lots 16 and 17, generally
located at N. Lakeshore Drive and Pelican Bay Place.
Administrative Amendment No. 17007 to Special
Permit/Use Permit No. 11I, Southridge Combined Special
Permit/Use Permit, approved by the Planning Director on
April 12, 2017, to increase the allowable square
footage for the commercial building on Lot 16 from
220,000 to 248,000 square feet, generally located at S.
27th Street and Pine Lake Road.
Administrative Amendment No. 17012 to Change of Zone No.
04075G, Village Gardens PUD, approved by the Planning
Director on April 12, 2017, to revise the site plan by
adding Note 55 which requires permittees to submit
parking calculations and to modify Note 10 of the
development plan which modifies the parking requirement
for live/work units and allows them to use shared parking
adjacent to a commercial center, generally located at S.
56th and Pine Lake Road.
Administrative Amendment No. 17013 to Use Permit No.
150B, Appian Way Regional Center Phase II, approved by
the Planning Director on April 12, 2017, to increase the
number of lots in Block 2 from seven to eight by dividing
Lot 4 into Lot 4A and Lot 4B, to revise the land use
table to include the new lots and to show an automobile
parts store on Lot 4A and commercial/retail on Lot 4B,
and to show automobile repair on Lot 3B, Block 2, instead
of automobile sales, generally located at S. 84th Street
and Highway 2 (south side).
Administrative Amendment No. 17031 to Final Plat No.
16049, Williamsburg Village North, approved by the
Planning Director on April 13, 2017, to accept the
Affidavit of Surveyor to correct typographical errors on
the Williamsburg Village North Final Plat, generally
located at S. 34th Street and Old Cheney Road.
Administrative Amendment No. 17022 to Change of Zone No.
05068E, The Woodlands at Yankee Hill, approved by the
Planning Director on April 14, 2017, to revise the site
plan to designate the use of Lot 14, Block 22 as apartments,
to specify the maximum number of dwelling units on the
lot as 46, to delineate setbacks, and to update the plan
accordingly, generally located at S. 70th Street and
Yankee Hill Road.
10) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
11) Application of Food for Thought, LLC dba Bread & Cup
for a Class C liquor license at 440 North 8th
Street. (ADOPTED FOR APPROVAL, 7-0; A-90419)
12) Manager Application of Kevin W. Shinn for Food for
Thought, LLC dba Bread & Cup at 440 North 8th
Street. (ADOPTED FOR APPROVAL, 7-0; A-90420)
13) Application of Endgame Operating Group, LLC dba Big
Red Restaurant & Sports Bar for a Class C liquor license
at 8933 Andermatt Drive. (ADOPTED FOR APPROVAL, 7-0;
A-90421)
14) Manager Application of Troy D. Olson for Endgame
Operating Group, LLC dba Big Red Restaurant & Sports
Bar at 8933 Andermatt Drive. (ADOPTED FOR APPROVAL,
7-0; A-90422)
15) Application of Seven Diamonds, LLC dba Talon Room for a
Class CK liquor license at 230 North 12th
Street, Suite 1. (ADOPTED FOR APPROVAL, 7-0; A-90423)
16) Manager Application of Matthew D. Rogge for Seven
Diamonds, LLC dba Talon Room at 230 North 12th
Street, Suite 1. (ADOPTED FOR APPROVAL, 7-0; A-90424)
17) Application of Burt Family Bar-B-Que, LLC dba Phat
Jack's BBQ for a Class IK liquor license at 101
Southwest 14th Place. (ADOPTED FOR APPROVAL, 7-0;
A-90425)
18) Manager Application of Jacqueline S. Burt for Burt
Family Bar-B-Que, LLC dba Phat Jack's BBQ at 101
Southwest 14th Place. (ADOPTED FOR APPROVAL, 7-0;
A-90426)
19) Manager Application of Peter T. Clarke for Foodmart II,
Inc. dba Market Place IGA at 4646 West Huntington
Avenue. (ADOPTED FOR APPROVAL, 7-0; A-90427)
20) Manager Application of Robert E. Miller for JSD, LLC
dba Huskerville Pub & Pizza at 2805 Northwest
48th Street. (ADOPTED FOR APPROVAL, 7-0; A-90428)
21) Manager Application of Jay Gates for RMH Franchise
Corporation dba Applebee's Neighborhood Grill & Bar at
3730 Village Drive, 6100 O Street, Unit 308, and 3951
North 27th Street. (ADOPTED FOR APPROVAL, 7-0; A-90429)
22) Application of Whole Foods Market Nebraska, LLC for a
special designated license to cover an outdoor area
measuring approximately 100 feet by 100 feet at Whole
Foods Market at 6055 O Street on May 20, 2017 between
10:00 a.m. and 4:00 p.m. (ADOPTED FOR APPROVAL, 7-0;
A-90430)
23) Application of SMG Food & Beverage, LLC for a special
designated license to cover an outdoor area measuring
approximately 700 feet by 448 feet at Pinewood Bowl
Theater at 4201 South Coddington on May 18, 19 & 20;
June 6, 7, 8, 9, 10, 11, 15, 16 & 17; July 25, 26,
27, 28 & 29; and August 9, 10, 11, 12, 13, 19, 20 & 21,
2017 between 6:00 a.m. and 2:00 a.m. (ADOPTED FOR APPROVAL,
7-0; A-90431)
PUBLIC HEARING - RESOLUTIONS
24) 17R-110 Approving Endgame Operating Group LLC dba Big Red
Restaurant & Sports Bar as a keno satellite at 8933
Andermatt Drive. (ADOPTED, 7-0; A-90432)
Fact Sheet (228K)
25) 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. (ADOPTED, 7-0;
A-90433)
Fact Sheet (30K)
Attachment (55K)
26) 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. (ADOPTED, 7-0;
A-90434)
Fact Sheet (366K)
Attachment (2068K)
27) 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. (ADOPTED, 7-0;
A-90435)
Fact Sheet (368K)
Attachment (4767K)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
(ITEMS 28 THRU 35 HAD 2ND READING SEE ITEM #35)
28) 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) (4/24/17 - Public Hearing cont'd to
5/1/17 with Action on 5/8/17)
Fact Sheet (217K)
Attachment (1034K)
Motion To Amend (6K)
Substitute (35K)
Substitute Attachment (1035K)
29) 17-58 Creating Alley Re-Paving District No. 51 from 18th
Street to Antelope Valley Parkway between O and N
Streets.
Fact Sheet (332K)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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) (ACTION
DELAYED 3 WEEKS W/ CONTINUED PUBLIC HEARING TO 5/22/17,
7-0.)
Fact Sheet (2290K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS
36) 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) (ADOPTED, 7-0; A-90436)
Fact Sheet (455K)
Attachment (1383K)
37) 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) (ADOPTED, 7-0; A-90437)
Fact Sheet (457K)
38) 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)
(PASSED, 7-0; #20485)
39) 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. (PASSED, 7-0; #20486)
Fact Sheet (3942K)
RESOLUTIONS - 1ST READING (ITEMS 40 THRU 43 HAD 1ST READING)
40) 17R-116 Comp. Plan Conformance 17006 Approving an amendment
to the Lincoln Center Redevelopment Plan to add the
"City Centre Redevelopment Project" for the demolition
of the existing Journal-Star Printing Company facility
and the construction of an approximate 11-story mixed-
use building, on property generally located at 926 P
Street.
Fact Sheet (965K)
Attachment (5824K)
41) 17R-117 Approving an Interlocal Cooperation Agreement between
the City of Lincoln and the Lower Platte South Natural
Resources District for cooperative planning and future
ownership of trails in urbanizing areas.
Fact Sheet (422K)
Attachment (2340K)
42) 17R-118 Approving a Conservation Easement Agreement by and
among the City of Lincoln, the Lower Platte South
Natural Resources District, the Bruce J. Sievers Family
Trust, and the Lola H. Sievers Family Trust to preserve
the natural resources on the easement area described as
Lot 54 I.T., located in the Southeast Quarter of
Section 23, Township 9 North, Range 6 East of the
6th P.M., Lincoln, Lancaster County, Nebraska.
Fact Sheet (272K)
Attachment (3547K)
43) 17R-119 Appointing Robert Sorensen III to the Fire Sprinkler &
Chemical Examining Board for a term expiring November
24, 2019. (Consent)
Attachment (184K)
ORDINANCES - 1ST READING & RELATED RESOLUTIONS
(ITEMS 44 THRU 47 HAD 1ST READING)
44) 17-36 Amending Chapter 5.04 of the Lincoln Municipal Code
relating to Alcoholic Liquor to allow the City Clerk to
administratively approve certain outdoor Special
Designated Licenses and to amend and/or remove various
sections to clean the code up.
Fact Sheet (235K)
45) 17-62 Amending the pay schedule for the employee group whose
classifications are assigned to the pay range which is
prefixed by the letter "M" by changing the title and pay
range of Class 1497 from "Microcomputer Support Supervisor"
in pay range M02 to "Technology Support Supervisor I" in
pay range M01.
Fact Sheet (249K)
Attachment (913K)
46) 17-63 Amending the pay schedule for the employee group whose
classifications are assigned to the pay range which is
prefixed by the letter "C" by changing the titles of Class
1495 from "Microcomputer Support Specialist I" to
"Technology Support Specialist I" and Class 1496 from
"Microcomputer Support Specialist II" to "Technology
Support Specialist II".
Fact Sheet (252K)
Attachment (1288K)
47) 17-64 Amending the pay schedule for the employee group whose
classifications are assigned to the pay range which is
prefixed by the letter "C" by creating the classifications
of "Traffic Sign Worker," "Traffic Technician," "Senior
Traffic Technician," "Engineering Technician," "Senior
Engineering Technician," and "Biosolids Coordinator."
Fact Sheet (335K)
Attachment (3614K)
PENDING LIST - DATE CERTAIN - NONE
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 MAY, OPEN MICROPHONE SESSIONS WILL BE HELD ON
MAY 8TH & 22ND.
ADJOURNMENT - 6:50 P.M.
UPCOMING HEARINGS
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.
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.
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.
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.
***
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.