Formal Agenda
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 26, 2018 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) 18R-40 Appointing Paul Johnson and Nate Sanks to the Examining
Board of Plumbers for a term to run from March 15, 2018
to February 1, 2021. (ADOPTED, 7-0; A-90904)
Attachment (68K)
2) 18R-43 Appointing Mitch Miller to the Mayor's Multicultural
Advisory Committee for a term expiring on September 18,
2020. (ADOPTED, 7-0; A-90905)
Attachment (33K)
3) Clerk's Letter and Mayor's Approval of Resolution and
Ordinances passed by City Council on February 12, 2018.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) Informal Petition to create a sewer district in that
part of Outlot "A", Charleston Heights 5th Add., located
in the NE1/4 of Sec. 35, T11N, R6E of the 6th P.M.
submitted by Lonetree Holdings LLC. (REFERRED TO
PUBLIC WORKS)
5) Setting the hearing date of Monday, March 5, 2018 at
3:00 p.m. on the Application of CJ's Kitchens LLC dba
CJ's Neighborhood Bar & Grill for a Class I Liquor
License at 200 West P Street, Unit 2. (ADOPTED,
7-0; A-90906)
6) Setting the hearing date of Monday, March 12, 2018 at
3:00 p.m. on the Application of Ross Capital Inc dba
Corky Canvas/Corky Boards for a Class I Liquor License
at 3700 S. 9th Street, Suite C. (ADOPTED, 7-0;
A-90907)
7) Setting the hearing date of Monday, March 12, 2018 at
3:00 p.m. on the Application of Casey's Retail Company
dba Casey's General Store 2744 for a Class D Liquor
License at 4335 N. 70th Street. (ADOPTED, 7-0;
A-90908)
8) Setting the hearing date of Monday, March 12, 2018 at
3:00 p.m. on the Application of Casey's Retail Company
dba Casey's General Store 2724 for a Class D Liquor
License at 3003 N. 70th Street. (ADOPTED, 7-0;
A-90909)
9) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT:
Special Permit No. 18004 Requested by Mental Health
Association of Nebraska, to allow a Residential Healthcare
Facility serving up to 20 people, on property generally
located at 4141 South 56th Street.
Text Amendment No. 18003 Requested by Dave Johnson,
to amend Section 27.02.160 of the Lincoln Municipal Code
regarding the definition of 'Office', and repealing
Section 27.02.160 of the Lincoln Municipal Code as
hitherto existing.
10) MISCELLANEOUS REFERRALS - NONE.
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
11) Application of On The Rise Lincoln, LLC dba Blaze Pizza
for a Class I liquor license at 1317 Q Street, Suites
170 and 180. (ADOPTED FOR APPROVAL, 7-0; A-90910)
Approval Resolution
Denial Resolution
12) Manager Application of Catherine L. Goff for On The
Rise Lincoln, LLC dba Blaze Pizza for a Class I liquor
license at 1317 Q Street, Suites 170 and 180.
(ADOPTED FOR APPROVAL, 6-1; AYES: CAMP, CHRISTENSEN,
ESKRIDGE, LAMM, RAYBOULD, SHOBE: NAYS: GAYLOR BAIRD;
A-90911)
Approval Resolution
Denial Resolution
13) Application of CWC Enterprises, LLC dba Lady Luck
Lounge for a Class C liquor license at 1332 P Street.
(ADOPTED FOR APPROVAL, 7-0; A-90912)
Approval Resolution
Denial Resolution
14) Manager Application of Chad W. Carlson for CWC
Enterprises, LLC dba Lady Luck Lounge for a Class C
liquor license at 1332 P Street. (ADOPTED FOR
APPROVAL, 7-0; A-90913)
Approval Resolution
Denial Resolution
PUBLIC HEARING - RESOLUTIONS
15) 18R-41 Approving 12th Street Pub as a keno satellite at
100 North 12th Street. (ADOPTED, 7-0; A-90914)
Fact Sheet (34K)
16) 18R-44 Approving a Memorandum of Understanding between
Lancaster County and the City for the purpose of
replacing the 1988 Justice Council Interlocal
Agreement and creating a new Lancaster County-City
of Lincoln Justice Council. (ADOPTED, 7-0; A-90915)
Fact Sheet (24K)
Attachment (1126K)
17) 18R-17 Waiver 17005 Application of Berean Fundamental
Church of Lincoln to waive parking lot surfacing
requirements, pursuant to Section 27.67.100(c) of
the Lincoln Municipal Code, on property generally
located at 6410 South 70th Street. (1/29/18 -
Public Hearing & Action cont'd to 2/26/18)
(MTA #1 TO ACCEPT A SUBSTITUTE RESOLUTION ADOPTED,
7-0; ADOPTED AS AMENDED, 7-0; A-90916)
Fact Sheet (3738K)
Attachment (1415K)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
(ITEMS 18 THRU 20 HAD 2ND READING)
18) 18-16 Text Amendment 18001 - Amending Section 27.63.630
of the Lincoln Municipal Code relating to indoor
theaters as a permitted special use limited to not
more than one indoor theater in the B-2 District
with no more than 250 seats; and repealing Section
27.63.630 as hitherto existing.
Fact Sheet (102K)
19) 18-17 Change of Zone 17038 Application of Brett Joseph
for a change of zone from R-2 Residential District
to R-T Residential Transition District on property
generally located at 6630 Starr Street.
Fact Sheet (1154K)
20) 18-18 Change of Zone 17032 Application of Lynette and
Jeffrey Hellerich for a change of zone from R-2
Residential District with landmark district
overlay to R-2 Residential District with individual
landmark and landmark district overlay to designate
the Sidles House as a Historic Landmark on property
generally located at 2110 A Street.
Fact Sheet (1790K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS
21) 18-15 Approving an amendment to the Lincoln Municipal
Code Section 25.06.385 to include an exception for
cooking recirculating systems which will allow the
use of factory-built commercial cooking
recirculating systems in accordance with the
International Mechanical Code and repealing Lincoln
Municipal Code Sections 25.06.350 and 25.06.380
in their entirety. (PASSED, 7-0; #20632)
Fact Sheet (39K)
RESOLUTIONS - 1ST READING (ITEMS 22 THRU 27 HAD 1ST READING)
22) 18R-47 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of February
1 - 15, 2018.
Fact Sheet (30K)
Attachment (60K)
23) 18R-45 Approving a Contract for the operation of a Keno
type lottery between the City and EHPV Lottery
Services LLC, for a five year term commencing
March 10, 2018.
Fact Sheet (59K)
Attachment (2366K)
24) 18R-46 Approving an amendment to 48th & Leighton Phase I
Redevelopment Agreement (Resolution No. A-90080
adopted on November 7, 2016) to: 1) modify the
design to increase the number of residential units,
increase height, and decrease retail square footage;
2) increase TIF from $4.3 to $5 million; and 3)
amend schedule.
Fact Sheet (35K)
Attachment (138K)
25) 18R-42 Authorizing the Mayor to execute contracts with
energy service companies to design and install
energy saving equipment and systems that have
payback periods of not more than fifteen years on
buildings or operations that have a useful life
of twenty years or more.
Fact Sheet (69K)
26) 18R-48 Approving a Preliminary Engineering On-Call
Professional Services Task Order Agreement between
the City of Lincoln and JEO Consulting Group, Inc.
for the Lincoln Beal Slough Trail, Project No.
TAP-55(182), Control No. 13366.
Fact Sheet (57K)
Attachment (36537K)
27) 18R-49 Approving an amendment to the Mechanical Systems
Permit Fee Schedule adopted by Resolution A-90638
on August 21, 2017 to correct the Gas Piping
Replacement Appliance fee and add a fee for
"Commercial Cooking Recirculating System.
Fact Sheet (1039K)
Attachment (35K)
ORDINANCES - 1ST READING & RELATED RESOLUTIONS
(ITEMS 28 THRU 38 HAD 1ST READING)
28) 18-19 Approving an amendment to the Lincoln Municipal
Code Section 8.26.040 to change the date from
September to October for the Health Director to
report nuisance abatement costs to the City
Council.
Fact Sheet (68K)
29) 18-20 Approving an amendment to the Lincoln Municipal
Code Chapter 8.20 Lincoln Food Code to add new
sections on Clean-up of Vomiting and Diarrheal
Events, Handwashing Signage, and Food Handler
Permit Requirements.
Fact Sheet (80K)
30) 18-21 Comprehensive Plan Conformance 18001 - Declaring
approximately .15 acres of property generally
located at 1233 Garden Valley Road as surplus
property.
Fact Sheet (1034K)
31) 18-22 Comprehensive Plan Conformance 18002 - Declaring
approximately .17 acres of property generally
located southeast of NW 48th and West
Adams Street as surplus property. (Related
Items: 18-22, 18-23)
Fact Sheet (1799K)
32) 18-23 Change of Zone No. 18002 A change of zone from
I-2 Industrial Park District to B-1 Local Business
District on property generally located at the
southeast corner of NW 48th Street and
West Adams. (Related Items: 18-22, 18-23)
Fact Sheet (1798K)
33) 18-24 Comprehensive Plan Conformance 18004 - Declaring
approximately 2,744 square feet of property
generally located at 820 South 27th
Street as surplus property.
Fact Sheet (1002K)
34) 18-25 Text Amendment 18002 - Amending Section 27.72.110
of the Lincoln Municipal Code relating to
Exceptions to the Height Requirements by including
an exception for private schools.
Fact Sheet (503K)
35) 18-26 Street and Alley Vacation No. 17011 Vacating the
15 foot right-of-way adjoining the south sides of
Lots 7 and 8 of Sky Ranch Acres Addition located
on the east and west sides of Beechcraft Road.
Fact Sheet (2693K)
36) 18-27 Approving a Master Tax-Exempt Lease/Purchase
Agreement and Property Schedule No. 4 with U.S.
Bancorp Government Leasing and Finance, Inc. for
wastewater treatment testing equipment in the
amount of $161,970.00.
37) 18-28 Amending the pay schedule for LCEA "A"
classifications to delete the classifications of
"Senior Engineering Specialist" and "Service Desk
Manager" and amending the pay schedule for LCEA
"C" classifications to delete the classifications
of "Engineering Specialist", "Emergency Service
Call Taker", "ESD II/Technology Support",
"Emergency Service Dispatcher I", "Emergency
Service Dispatcher II", "Emergency Service
Dispatcher III", and "Service Desk Supervisor."
Fact Sheet (166K)
38) 18-29 Amending the pay schedule for the employee group
whose classifications are assigned to the pay
range which is prefixed by the letter "E" by
creating the classification of "City Council
Secretary."
Fact Sheet (139K)
Attachment (334K)
PENDING LIST - DATE CERTAIN
39) 18-13 Street & Alley Vacation 17006 Vacating a portion
of 17th Street right-of-way, generally located
between Vine Street and a point approximately
300 feet north of R Street. (2/12/18 - Action
delayed to 3/12/18 with cont'd Public Hearing)
Fact Sheet (768K)
40) 18-9 Text Amendment 17001 - Amending Chapter 27.63
of the Lincoln Municipal Code relating to Special
Permits by amending Section 27.63.685 to create an
exception for grocery stores which reduces the
required separation distance between the premises
licensed to sell off-sale alcohol and first floor
residential use, day care facilities, parks,
churches, state mental health facilities and
residential zoning districts from 100 feet to 25
feet in zoning districts B-1, B-3, H-1, H-2, H-3,
H-4, I-1, and I-3, and repealing Section 27.63.685
as hitherto existing. (2/12/18 - Placed on Pending
until 5/14/18)
Fact Sheet (9323K)
PENDING LIST (EXTENDED ONE WEEK. SEE ITEMS 41 & 42)
41) 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)
(7/24/17 - Public Hearing & Action cont'd to 8/7/17)
(8/7/17 - Placed on Pending, no date certain)
(WITHDRAWN, 7-0; #38-4690)
Fact Sheet (11377K)
Attachment (569K)
42) 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) (7/24/17 - Public Hearing
& Action cont'd to 8/7/17) (8/7/17 - Placed on Pending,
no date certain) (WITHDRAWN, 7-0; #38-4691)
Fact Sheet (12274K)
Attachment (323K)
43) 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 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)(7/24/17 - Public
Hearing & Action cont'd to 8/7/17)(8/7/17 - Placed on
Pending, no date certain)
Fact Sheet (264K)
Attachment (751K)
44) 17-141 Annexation 17010 Amending the Lincoln Corporate Limits Map
by annexing approximately 211 acres of property
generally located at North 56th Street and Fletcher
Avenue.(10/23/17- Placed on Pending, no date
certain)
Fact Sheet (3279K)
Attachment (103K)
45) Application of GNS Corporation dba Discount City for an
addition of an area measuring approximately 60' x 29' to
their licensed premise at 5560 S. 48th Street. (11/6/17
- Placed on Pending, no date certain)
46) 17-190 Authorizing the issuance of Tax Allocation Bonds for the
Huvepharma Redevelopment Project. (12/18/17 - Placed on
Pending, No Date Certain)
RECONSIDERATION
Application of Hunky Dory, LLC dba The Royal Grove for
a Class C liquor license at 340 W. Cornhusker Highway.
(MOTION TO RECONSIDER RESOLUTION A-90883 ON 03/05/18
WITH PUBLIC HEARING & ACTION; ADOPTED, 7-0)
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 FEBRUARY, OPEN MICROPHONE SESSIONS WILL BE
HELD ON FEBRUARY 12TH & 26TH.
ADJOURNMENT 6:19 P.M.
UPCOMING HEARINGS
Hearing date of Monday, March 5, 2018 at 3:00 p.m. on the
Application of Floor Dimensional Inc dba Plum Crazy Lounge for a
Class C Liquor License at 7301 S 27th Street, Suite 150,
160, 170.
***
The Lincoln City Council meets every Monday at 3 p.m. except for the
last Monday of the month which begins at 5:30 p.m. All City Council
meetings are aired live on LNKTV City and re-aired later. For a schedule,
visit lincoln.ne.gov (keyword: LNKTV). LNKTV City can be found on all
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1300; Kinetic Channel 1005. Meetings are also streamed live at
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youtube.com/LNKTVcity.
***
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.
