Formal Agenda
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 5, 2018 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) 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. (ADOPTED, 7-0; A-90917)
Fact Sheet (57K)
Attachment (36537K)
2) Approving the distribution of funds representing
interest earnings on short-term investments of Idle
Funds during the month ended January 31, 2018.
(ADOPTED, 7-0; A-90918)
3) Report from City Treasurer of city cash on hand at the
close of business on January 31, 2018. (PLACED ON
FILE)
PETITIONS & COMMUNICATIONS
4) Setting the hearing date of Monday, March 19, 2018 at
3:00 p.m. on the Application of Mi Tierra Family
Mexican Restaurant, Inc. dba Mi Tierra Family Mexican
Restaurant for a Class I Liquor License at 5500 Old
Cheney Road, Suite 4. (ADOPTED, 7-0; A-90919)
5) Setting the hearing date of Monday, March 19, 2018 at
3:00 p.m. on the Manager Application of James B
Michaelson for Carey Johnson Oil Company, Inc. dba EZ
GO Stores #80 at 2555 O Street. (ADOPTED, 7-0;
A-90920)
6) Setting the hearing date of Monday, March 19, 2018 at
3:00 p.m. on the Manager Application of James B
Michaelson for Carey Johnson Oil Company, Inc. dba EZ
GO Stores #81 at 8411 Windmill Drive. (ADOPTED, 7-0;
A-90921)
7) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 17066, to Preliminary Plat
No. 03004, Northbank Junction Preliminary Plat, approved
by the Planning Director on February 20, 2018, to revise
the drainage plan and lot layout, generally located at N.
56th Street and Alvo Road.
8) MISCELLANEOUS REFERRALS - NONE.
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
9) Application of Floor Dimensional, Inc. dba Plum Crazy
Lounge for a Class C liquor license at 7301 South 27th
Street, Suites 150, 160, and 170. (ADOPTED FOR APPROVAL,
7-0; A-90922)
Approval Resolution
Denial Resolution
10) Manager Application of David C. Stokke for Floor
Dimensional, Inc. dba Plum Crazy Lounge for a Class C
liquor license at 7301 South 27th Street, Suites 150,
160, and 170. (ADOPTED FOR APPROVAL, 7-0; A-90923)
Approval Resolution
Denial Resolution
11) Application of CJ's Kitchens, LLC dba CJ's Neighborhood
Bar and Grill for a Class I liquor license at 200 West P
Street, Unit No. 2. (ADOPTED FOR APPROVAL, 7-0;
A-90924)
Approval Resolution
Denial Resolution
12) Manager Application of Carrie J. DeFreece for CJ's
Kitchens, LLC dba CJ's Neighborhood Bar and Grill for a
Class I liquor license at 200 West P Street, Unit No. 2.
(ADOPTED FOR APPROVAL, 7-0; A-90925)
Approval Resolution
Denial Resolution
13) Application of Hunky Dory, LLC dba The Royal Grove for a
Class C liquor license at 340 W. Cornhusker Highway.
(2/26/18 - Reconsidered to have Public Hearing & Action
on 3/05/18) (MTA #1 ADOPTED, 7-0; ADOPTED FOR APPROVAL,
AS AMENDED, 7-0; A-90883)
Letter
PUBLIC HEARING - RESOLUTIONS
14) 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.
(ADOPTED, 7-0; A-90926)
Fact Sheet (30K)
Attachment (60K)
15) 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.
(ADOPTED, 7-0; A-90927)
Fact Sheet (59K)
Attachment (2366K)
16) 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. (ADOPTED, 7-0;
A-90928)
Fact Sheet (35K)
Attachment (138K)
17) 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. (PLACED
ON PENDING UNTIL 4/16/18 WITH CONT'D PUBLIC HEARING, 7-0)
Fact Sheet (69K)
Motion To Amend (7K)
18) 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. (ADOPTED, 7-0; A-90929)
Fact Sheet (1039K)
Attachment (35K)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
(ITEMS 19 THRU 29 HAD 2ND READING)
19) 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)
20) 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)
21) 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)
22) 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)
23) 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)
24) 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)
25) 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)
26) 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)
27) 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.
28) 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)
29) 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)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS
30) 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.
(PASSED, 7-0; #20633)
Fact Sheet (102K)
31) 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. (PASSED, 7-0; #20634)
Fact Sheet (1154K)
32) 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.
(PASSED, 7-0; #20635)
Fact Sheet (1790K)
RESOLUTIONS - 1ST READING (ITEMS 33 THRU 36 HAD 1ST READING)
33) 18R-50 Concurring with the Nebraska Department of Transportation
selection of MTZ Construction, Inc. and authorizing
execution of the contract between the City and MTZ to be
funded in part with Federal Transportation Program Funds
for construction and construction engineering of the
intersection reconstruction at 66th and Fremont
Streets, Project No. HSIP-5253(1) and rescinding
Resolution A-90893. (Consent)
Fact Sheet (65K)
34) 18R-51 Accepting the report of new and pending claims against
the City and approving disposition of claims set forth
for the period of February 16 - 28, 2018.
Fact Sheet (30K)
Attachment (60K)
35) 18R-52 Approving CJ's Neighborhood Bar & Grill as a keno
satellite at 200 West P Street.
Fact Sheet (35K)
36) 18R-53 Comprehensive Plan Conformance 18003 - Approving an
amendment to the Antelope Valley Redevelopment Plan to
add the "Viet Hao Redevelopment Project" to include up to
16,600 square feet, with building and parking improvements
generally located south of O Street, between 23rd and 25th
Streets.
Fact Sheet (1469K)
Attachment (10757K)
ORDINANCES - 1ST READING & RELATED RESOLUTIONS
(ITEMS 37 THRU 41 HAD 1ST READING)
37) 18-30 Street and Alley Vacation No. 17005 Vacating a portion
of North 43rd Street right-of-way, a portion of Walker
Avenue right-of-way, and a portion of the east-west alley,
generally located at 2320 N. 43rd Street.
Fact Sheet (1733K)
38) 18-32 Street and Alley Vacation No. 17008 Vacating the east-west
alley from the east line of South 17th Street to the west
line of South 18th Street, between K Street and L Street,
generally located at 1700 K Street.
Fact Sheet (2495K)
39) 18R-54 Comprehensive Plan Conformance 18005 - Approving an
amendment to the West "O" Street Redevelopment Plan to
create the "Lincoln Sports Facility Redevelopment
Project" to include five underdeveloped parcels of land
generally located at 150 SW 14th Place. (Related Items:
18R-54, 18-31, 18R-55) (Action date: 3/19/18)
Fact Sheet (2418K)
Attachment (15502K)
40) 18-31 Change of Zone No. 18001 Application of Lincoln Sports
Facility for a change of zone from H-3 Highway Commercial
District and I-1 Industrial District to H-4 General
Commercial District and AG Agriculture District on property
generally located at 150 SW 14th Place.(Related Items:
18R-54, 18-31, 18R-55)
Fact Sheet (3404K)
41) 18R-55 Special Permit No. 18003 Application of Lincoln Sports
Facility for a special permit to develop an indoor sports
facility on property generally located at 150 SW 14th Place.
(Related Items: 18R-54, 18-31, 18R-55) (Action date: 3/19/18)
Fact Sheet (3399K)
PENDING LIST - DATE CERTAIN
42) 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)
43) 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 1 WEEK. SEE ITEM 44)
44) 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) (7/24/17 -
Public Hearing & Action cont'd to 8/7/17) (8/7/17 -
Placed on Pending, no date certain) (Request to Withdraw)
Fact Sheet (264K)
Attachment (751K)
45) 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)
46) 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)
47) 17-190 Authorizing the issuance of Tax Allocation Bonds for the
Huvepharma Redevelopment Project. (12/18/17 - Placed
on Pending, No Date Certain)
RECONSIDERATION
Manager Application of Eli Mardock for Hunky Dory, LLC dba
The Royal Grove at 340 W. Cornhuser Highway. (2/5/18 -
Public Heaing & Action cont'd to 2/12/18) (2/12/18 -
Adopted for Denial, 5-2; Ayes: Camp, Gaylor Baird, Lamm,
Raybould, Shobe: Nays: Christensen, Eskridge; A-90884)
(MOTION TO RECONSIDER RESOLUTON A-90884 ON 03/12/18
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 MARCH, OPEN MICROPHONE SESSIONS WILL BE HELD ON
MARCH 12TH & 26TH.
ADJOURNMENT 6:22 P.M.
UPCOMING HEARINGS
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.
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.
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.
***
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 three cabletelevision system: ALLO Channel 2; Spectrum
Channel 1300; Kinetic Channel 1005. Meetings are also streamed live
at lincoln.ne.gov (keyword: LNKTV) and available later at
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.