City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 24, 2017 AT 3:00 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-188 Appointing Robert Selig to the Lincoln Airport
Authority Board to fulfill an unexpired term, expiring
upon the election of May, 2021. (ADOPTED, 6-1; AYES:
CAMP, CHRISTENSEN, ESKRIDGE, GAYLOR BAIRD, RAYBOULD,
SHOBE; NAYS: LAMM; A-90579)
2) Request of Public Works to reset the Hearing Date of
Monday, August 7, 2017, at 3:00 p.m. & place on the
formal City Council Agenda the following:
17R-181 Provide authority to order Re-Paving District
17R-197 159 in Saunders Avenue from 12th Street to
14th Street to be constructed and assess the
cost thereof against the benefitted properties.
3) Clerk's Letter and Mayor's Approval of Resolution and
Ordinances passed by City Council on July 10, 2017.
(PLACED ON FILE)
4) Report from City Treasurer of 911 Surcharges for the
months of April & May, 2017. (PLACED ON FILE)
5) Report from City Treasurer of Allo Public Education
Government Fees for the month of May, 2017. (PLACED
ON FILE))
6) Report from City Treasurer of Franchise Fees from Black
Hills Corporation for the month of May, 2017. (PLACED
ON FILE))
PETITIONS & COMMUNICATIONS
7) Setting the hearing date of Mon., July 31, 2017 at
5:30 p.m. on the Manager Application of Richard R.
Hodges for Lakes Venture, LLC dba Fresh Thyme Farmers
Market at 5220 O St. (ADOPTED, 7-0; A-90580)
8) Setting the hearing date of Mon., August 7, 2017 at
3:00 p.m. on the Manager Application of Jay M. Runge
for Carlos O'Kelly's Inc. dba Carlos O'Kelly's at 4455
N. 27th St. (ADOPTED, 7-0; A-90581)
9) Setting the hearing date of Mon., August 14, 2017 at
3:00 p.m. on the Manager Application of Chad Pitlik
for TDP Phase Two LLC dba Hyatt Place Lincoln Haymarket
(Class C & E) at 600 Q St. (ADOPTED, 7-0; A-90582)
10) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 17042, to Special Permit
No. 14002, Northern Divide 1st Addition, approved by
the Planning Director on July 11, 2017, to adjust the
lot line between Outlot "C" and Lot 1, Block 3,
generally located at N. 40th Street and Raymond Road.
Administrative Amendment No. 17028, to Special Permit
No. 1386C, Windhoek CUP, approved by the Planning
Director on July 13, 2017, to revise the lot layout
for Block 2 and increase the number of lots from
26 to 27, generally located at S. 112th and Van Dorn
Streets.
11) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
12) Application of Norris-Bland, LLC dba Main Street Cafe
for a Class C liquor license at 1325 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-90583)
13) Manager Application of Michael A. Bland for Norris-
Bland, LLC dba Main Street Caf? at 1325 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-90584)
14) Application of CWC Enterprises, LLC dba Stogies/Lady
Luck Lounge for a Class C liquor license at 1332 P
Street. (ADOPTED FOR APPROVAL, 7-0; A-90585)
15) Manager Application of Chad W. Carlson for CWC
Enterprises, LLC dba Stogies/Lady Luck Lounge at 1332
P Street. (ADOPTED FOR APPROVAL, 7-0; A-90586)
16) Application of Nabrew Hospitalities, LLC dba Stur 22
for a Class CK liquor license at 2110 Winthrop Road.
(ADOPTED FOR APPROVAL, 7-0; A-90587)
17) Manager Application of Trokon C. Brewer for Nabrew
Hospitalities, LLC dba Stur 22 at 2110 Winthrop Road.
(ADOPTED FOR APPROVAL, 7-0; A-90588)
18) Manager Application of Robert D. Davis for 48 Bowl,
Inc dba Parkway Lanes at 2555 South 48th Street and
48 Bowl, Inc. dba Hollywood Bowl at 920 North 48th
Street. (ADOPTED FOR APPROVAL, 7-0; A-90589)
19) Application of Lincoln Pub Group, Inc. for a special
designated license to cover an outdoor area measuring
approximately 80 feet by 60 feet at Hide & Fur Building
Parking Lot at 728 Q Street on September 2, 16, & 23;
October 7 & 14; and November 4 & 24, 2017 between 8:00
a.m. and midnight. (ADOPTED FOR APPROVAL, 7-0; A-90590)
20) Application of Boiler Brewing Company for a special
designated license to cover an outdoor area measuring
approximately 81 feet by 26.5 feet at Grand Manse
(Green space on North side) at 129 North 10th Street
on September 2, 16, & 23; October 7 & 14; and
November 4, 2017 between 8:00 a.m. and 10:00 p.m.
(ADOPTED FOR APPROVAL, 7-0; A-90591)
21) Application of Meier's Wine Inc. dba Meier's Cork N
Bottle for a special designated license to cover an
indoor area measuring approximately 100 feet by 70
feet and an outdoor area measuring approximately 150
feet by 113 feet at The Bay Parking Lot and Indoors
Skate Park at 2005 Y Street on August 6, 2017 between
2:00 p.m. and 9:00 p.m. (ADOPTED FOR APPROVAL, 7-0;
A-90592)
PUBLIC HEARING - RESOLUTIONS
22) 17R-183 Approving Downtown Lincoln Association's 2017-2018
BID Budget and Program of Work for Downtown and West
Haymarket Management and Maintenance Business
Improvement Districts. (ADOPTED, 7-0; A-90593)
Fact Sheet (241K)
Attachment (2481K)
23) 17R-184 Approving the 2017-18 Work Plan for the Interlocal
Agreement on Stormwater Management between the City
of Lincoln and Lower Platte South Natural Resources
District to address stormwater quality and quantity
issues. (ADOPTED, 7-0; A-90594)
Fact Sheet (289K)
Attachment (1730K)
24) 17R-185 Approving the Upper Wagon Train 100-year Floodprone
Area as the best available information for local flood
regulation purposes. (ADOPTED, 7-0; A-90595)
Fact Sheet (600K)
Attachment (178K)
25) 17R-186 Comp. Plan Amendment 17004 Amending the 2040 Lincoln-
Lancaster County Comprehensive Plan to change the
Future Land Use Map, Priority Growth Area designations,
and Future Service Limit, on property generally located
between South 70th and South 84th Streets, and Saltillo
and Rokeby Roads. (ADOPTED, 7-0; A-90596)
Fact Sheet (10866K)
Attachment (1117K)
26) 17R-187 Special Permt 17012 - Appeal of Darlene Pohlman from the
Planning Commission's approval of a special permit for
installation of a 100-kilowatt solar energy system, with a
waiver to reduce the front yard along Interstate 80 from 25
feet to 5 feet, on property generally located at West
Lakeshore Drive.
(ADOPTED, 7-0; A-90597)
Fact Sheet (17917K)
Attachment (145K)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
(ITEMS 27 THRU 30 HAD 2ND READING)
27) 17-90 Street Name Change 17002 Renaming Sievers Lane, located
west of South 26th Street and south of Rokeby Road, as
Sievers Place.
Fact Sheet (865K)
Attachment (1080K)
28) 17-91 Change of Zone 17014 Application of Wayne and Laura
Pester for a change of zone from AG Agricultural District
to AGR Agricultural Residential District on property
generally located at Southwest 25th Street and West
Denton Road.
Fact Sheet (3353K)
29) 17-92 Change of Zone 17011 Application of Roger H. Schwisow
Revocable Trust for a change of zone from AG Agricultural
District to R-3 Residential District on property generally
located at North 49th Street and Alvo Road.
Fact Sheet (2330K)
30) 17-93 Repealing Ordinance No. 20029 levying an occupation tax
upon the businesses and users of space within the West
Haymarket Sports Park Enhanced Employment Area, and
repealing Ordinance No. 20030 authorizing the issuance
of a TIF Tax Allocation Bond and Occupation Tax Revenue
Bond to fund certain improvements within the West Haymarket
Sports Park Redevelopment Project Area.
Fact Sheet (382K)
PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS
(ITEMS 31 THRU 33 HAD 3RD READING. SEE ITEMS 31 THRU 33)
31) 17R-175 Comprehensive Plan Amendment 17005 Amending the 2040
Lincoln-Lancaster County Comprehensive Plan to change
the Future Land Use Plan designation from "Open Space"
and "Commercial" to "Industrial" and "Agricultural
Stream Corridor", on property generally located at
North 70th Street and Arbor Road. (Related Items:
17R-175, 17-87, 17R-182) (Action Date: 7/24/17)
(7/17/17 - Public Hearing cont'd w/Action on 7/24/17)
(PUBLIC HEARING & ACTION CONT'D 2 WEEKS TO 8/7/17, 7-0)
Fact Sheet (11377K)
Attachment (569K)
32) 17-87 Change of Zone 17016 Application of Lincoln Sports
Foundation, Inc. for a change of zone from H-2 Highway
Business District to I-1 Industrial District on property
generally located at 7620 North 70th Street. (Related
Items: 17R-175, 17-87, 17R-182) (7/17/17 - Public
Hearing cont'd w/ Action on 7/24/17) (PUBLIC HEARING &
ACTION CONT'D 2 WEEKS TO 8/7/17, 7-0)
Fact Sheet (12274K)
Attachment (323K)
33) 17R-182 Approving a Development and Conditional Zoning Agreement
by and between Lincoln Sports Foundation, Inc. and the
City of Lincoln, Nebraska to construct an industrial park/
warehouse development under the proposed Change of Zone
of the property from H-2 Highway Business District to I-1
Industrial District. (Related Items: 17R-175, 17-87,
17R-182) (Action Date: 7/24/17) (7/17/17 - Public Hearing
cont'd w/ Action on 7/24/17) (PUBLIC HEARING & ACTION
CONT'D 2 WEEKS TO 8/7/17, 7-0)
Fact Sheet (264K)
Attachment (751K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS
34) 17-88 Change of Zone 17008 Application of MJB Properties, Inc.
and Charles and Mary Schuerman for a change of zone from
R-1 Residential District to O-3 Office Park District on
property generally located at 6969 South Street and 2215
South 70th Street. (Related Items:17-88; 17R-178 )
(PASSED, 7-0; #20512)
Fact Sheet (5296K)
35) 17R-178 Use Permit 17005 Application of MJB Properties, Inc.
and Charles and Mary Schuerman to allow for office and
residential uses and related improvements with waivers
from setback and frontage requirements, on property
generally located at 6969 South Street and 2215 South
70th Street. (Related Items:17-88; 17R-178) (Action Date:
7/24/17) (ADOPTED, 7-0; A-90598)
Fact Sheet (7130K)
36) 17R-179 Comprehensive Plan Amendment 17006 Amending the 2040
Lincoln-Lancaster County Comprehensive Plan by revising
the boundaries of the Future Land Use Plan Residential,
Green Space, and Environmental Resources designation
areas, expanding the Future Service Limit, and changing
the Future Growth Tier Designation from Tier II to Tier
I Priority C, Tier II to Tier I Priority A, and Tier I
Priority B to Tier I Priority A, on property generally
located southwest and southeast of the intersection of
South 27th Street and Rokeby Road. (Related Items:
17R-179, 17-89, 17R-181, 17-85, 17-86) (Action Date:
7/24/17) (ADOPTED, 7-0; A-90599)
Fact Sheet (781K)
Attachment (1304K)
37) 17-89 Annexation 17005 Amending the Lincoln Corporate Limits
Map by annexing approximately 218.67 acres of property
generally located southwest and southeast of the
intersection of South 27th Street and Rokeby Road.
(Related Items: 17R-179, 17-89, 17R-181, 17-85, 17-86)
(PASSED, 7-0; #20513)
Fact Sheet (4541K)
Attachment (302K)
38) 17R-181 Approving an Annexation Agreement for Iron Ridge
between the City of Lincoln, Nebraska, Charter Title
and Escrow Services, Inc., and Apples Way, LLC
regarding the City of Lincoln's annexation of property
generally located in the area of the intersection of
South 27th Street and Rokeby Road. (Related Items:
17R-179, 17-89, 17R-181, 17-85, 17-86) (Action
Date: 7/24/17) (MTA #1 ADOPTED, 7-0; ADOPTED AS
AMENDED, 7-0; A-90600)
Fact Sheet (272K)
Attachment (8129K)
Motion To Amend (7K)
39) 17-85 Change of Zone 17012 Application of Apples Way, LLC
for a change of zone from AG Agricultural District to
R-3 Residential District on property generally located
southwest of the intersection of South 27th Street and
Rokeby Road. (Related Items: 17R-179, 17-89, 17R-181,
17-85, 17-86) (PASSED, 7-0; #20514)
Fact Sheet (4541K)
40) 17-86 Change of Zone 17013 Application of Apples Way, LLC
for a change of zone from AG Agricultural District to
R-3 Residential District; 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 allow
up to 250 dwelling units in conformance with R-3 zoning
requirements, and up to 50,000 square feet of commercial
floor area and 200 dwelling units in conformance with B-2
zoning requirements, on property generally located at the
southeast corner of the intersection of South 27th Street
and Rokeby Road. (Related Items: 17R-179, 17-89, 17R-181,
17-85, 17-86) (PASSED, 7-0; #20515)
Fact Sheet (4541K)
RESOLUTIONS - 1ST READING (ITEMS 41 THRU 43 HAD 1ST READING)
41) 17R-189 Accepting the report of new and pending claims against
the City and approving disposition of claims set forth
for the period of July 1-15, 2017.
Fact Sheet (31K)
Attachment (61K)
42) 17R-191 Approving a multi-year contract between the City of
Lincoln and Hausmann Construction to provide
Construction Manager at Risk Services Fire Stations
10, 12, 16, and Police/Fire Station 15, pursuant to RFP
No. 17-168, for a term commencing upon execution of the
contract through September 1, 2019.
Fact Sheet (329K)
43) 17R-192 Approving a Contract between the City of Lincoln and
Carson+Co Global for Comprehensive Residential and
Commercial Recycling Communication, Education,
Engagement and Behavior Change Initiative, pursuant to
RFP No. 17-116, for a three year term with the option
to renew for one additional three year term.
Fact Sheet (318K)
Attachment (26222K)
ORDINANCES - 1ST READING & RELATED RESOLUTIONS
(ITEMS 44 AND 45 HAD 1ST READING)
44) 17-94 Amending Section 10.14.260 to provide specifically for a
school related speed zone on 84th Street and repealing
Section 10.14.260 of the Lincoln Municipal Code as
hitherto existing. (Related Items: 17-94, 17R-190)
Fact Sheet (218K)
45) 17R-190 A resolution in support of a school related speed zone
on 84th Street and the appropriation of $150,000 from
Miscellaneous Budget/Contingency to Safety and Operation
Improvement Program to fund the creation and installation.
(Related Items: 17-94, 17R-190) (Action Date: 8/7/17)
Fact Sheet (226K)
PENDING LIST - DATE CERTAIN
46) 17-78 Annexation 17004 Amending the Lincoln Corporate Limits
Map by annexing approximately 283.79 acres of property
generally located at South 91st Street and Rokeby Road.
(Related Items: 17R-165, 17R-166, 17-78, 17R-162)
(7/10/17 - Action delayed with continued Public Hearing
to 11/6/17)
Fact Sheet (2307K)
Attachment (456K)
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 JULY, OPEN MICROPHONE SESSIONS WILL BE HELD
ON JULY 10TH & 31ST.
ADJOURNMENT 4:17 P.M.
UPCOMING HEARINGS
Hearing date of Monday, July 31, 2017 at 5:30 p.m. on the
Application of Isis Aparicio dba Cielito Mexican Restaurant for a
Class I Liquor License at 1601 Q Street, Suite D.
Hearing date of Monday, July 31, 2017 at 5:30 p.m. on the Manager
Application of Robert G. Steider for B&R Stores Inc. dba Super
Saver #4 at 233 N. 48th Street, Super Saver #9 at 2662 Cornhusker
Hwy, Super Saver #11 at 5460 S. 56th Street, Super Saver #17 at
2525 Pine Lake Road, Super Saver #27 at 840 Fall Brook Blvd, Russ's
Market #1 at 1709 Washington, Russ's Market #2 at 130 N. 66th Street,
Russ's Market #14 at 6300 Havelock Avenue, Russ's Market #16 at 4400
S. 33rd Street Court, and Russ's Market #21 at 1550 S. Coddington
Street
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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.