City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 3, 2014 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) 14R- 57 Appointing Lowell S. Berg to the Library Board for a
term expiring August 31, 2015. (ADOPTED, 7-0; A-88109)
Attachment (344K)
2) 14R- 58 Reappointing Karen Nalow to the Nebraska Capitol
Environs Commission for a term expiring January 9,
2017. (ADOPTED, 7-0; A-88110)
3) 14R- 59 Appointing Craig Strong to the Lincoln-Lancaster County
Board of Health for a term expiring April 15, 2015.
(ADOPTED, 7-0; A-88111)
Attachment (78K)
4) 14R- 60 Appointing Tom McFarland to the Multicultural Advisory
Committee for a term expiring September 18, 2014.
(ADOPTED, 7-0; A-88112)
Attachment (75K)
5) 14R- 61 Approving Addendum One to Contract Award to the Home
Visiting Services Contract 59298 04 between the City of
Lincoln, on behalf of the Lincoln-Lancaster County
Health Department, and the State of Nebraska to provide
evidence-based home visiting services for the State of
Nebraska for a term of February 10, 2014 through June
30, 2015 with four optional annual renewals.
(ADOPTED, 7-0; A-88113)
Fact Sheet (45K)
Attachment (1154K)
6) 14R- 62 Appointing Layne Sup to the Lincoln Electric System
Administrative Board for a term expiring December 31,
2016. (ADOPTED, 7-0; A-88114)
Attachment (101K)
PETITIONS & COMMUNICATIONS
7) Setting the Hearing Date of Monday, March 17, 2014 at
3:00 p.m. for the Application of Flatwater Bistro, LLC
dba The Flatwater Bistro for a Class C Liquor License
with Catering at 801 R Street, Suite 100.
(ADOPTED, 7-0; A-88115)
8) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 14003 to Use Permit
No. 118, Coddington Park Shopping Center, approved by
the Planning Director on February 21, 2014, requested
by B & J Partnership, to reduce the front yard setback
from 50 feet to 20 feet, consistent with the B-2 zoning
district, on property generally located at S.
Coddington St. and West A Street.
9) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
10) Application of Nebraska Entertainment Inc. dba Lincoln
Grand Cinema for a Class I liquor license at 1101 P St.
(2/10/14 - P.H. & Action cont'd to 3/3/14)
(ADOPTED, 5-2; COOK, EMERY DISSENTING; A-88116)
11) Manager application of Brian G. Shander for Nebraska
Entertainment Inc. dba Lincoln Grand Cinema at 1101 P
St. (2/10/14 - P.H. & Action cont'd to 3/3/14)
(ADOPTED, 7-0; A-88117)
12) Application of Casey's Retail Company dba Casey's
General Store #2720 to expand its Class B liquor
license by the addition of an area measuring
approximately 12 feet by 40 feet for a new licensed
area described as a one story building approximately 40
feet by 88 feet located at 1001 S. 13th Street.
(ADOPTED, 7-0; A-88118)
13) Application of Yo Java, Inc. dba Mo Java Cafe &
Roasting Co. to expand its Class I liquor license by
the addition of an area measuring approximately 17 feet
by 40 feet for a new licensed area described as the
northwest section approximately 62 feet by 40 feet of a
two story building including an outdoor area
approximately 14 feet by 35 feet located at 2649 N.
48th Street. (ADOPTED, 7-0; A-88119)
14) Manager application of Roger Patton for Risky, Inc. dba
Risky's Sports Bar & Grill at 4680 Leighton Avenue.
(ADOPTED, 7-0; A-88120)
15) Manager application of Jillian Carter for Greenfield's
Cafe, Inc. dba Greenfield's Cafe at 7900 South 87th
Street. (P.H. AND ACTION DELAYED ONE WEEK TO 03/10/14, 7-0)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 16 THRU 18 HAD 2ND READING)
16) 14-21 Vacation No. 13005 - Vacating the north 21 feet of
Holdrege Street right-of-way from the west right-
of-way line of North 20th Circle to the west
property line of Lot 52, I.T.
Fact Sheet (1244K)
17) 14-22 Adopting the supplements to the Lincoln Municipal
Code dated June 2013 and December 2013 as part of
the official Lincoln Municipal Code.
Fact Sheet (10K)
18) 14-23 Amending Section 1 of Ordinance No. 19904 passed
August 12, 2013, relating to the pay schedules of
employees whose classifications are assigned to
the pay range which is prefixed by the letter "A,"
by amending Classification Code 4020 to revise the
classification specification for Athletics
Supervisor as set forth on Attachment A.
Fact Sheet (39K)
Attachment (13K)
PUBLIC HEARING - RESOLUTIONS
19) 14R-55 Approving the City of Lincoln Redevelopment Agreement
between Piedmont Shopping Center, LLC, and the City of
Lincoln for the Piedmont Shopping Center Redevelopment
Project relating to the redevelopment of property
generally located at 1265 South Cotner Boulevard.
(MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0; A-88121)
Fact Sheet (12K)
Attachment (8555K)
20) 14R-56 Use Permit 149A - Application of Yellow Roses, LLC to
reduce the rear yard setback from 50 feet to 25 feet
and to reduce the side yard setback from 50 feet to 15
feet for development of commercial space on property
generally located at South 27th Street and Jamie Lane.
(ADOPTED, 7-0; A-88122)
Fact Sheet (2895K)
21) 14R-63 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, 2014.
(AMENDED TO REMOVE CLAIM OF SHERE LYNN SIECKMEYER, 7-0;
ADOPTED AS AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-88123)
Fact Sheet (7K)
Attachment (19K)
PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
22) 14-13 Annexation No. 13004 - Amending the Lincoln
Corporate Limits Map by annexing approx. 15.81
acres generally located at Hwy. 2 and Ashbrook Dr.
(Related Items: 14-13, 14-14 & 14R-44)
(2/10/14 - P.H. cont'd (for new information
only) & Action Delayed to 3/3/14)
(ACTION DELAYED ONE WEEK TO 03/10/14, 7-0)
Fact Sheet (2259K)
Attachment (471K)
23) 14-14 Change of Zone No. 13020 - Application of
Livingston Investments for a change of zone from
AGR Agricultural Residential District to R-4
Residential on property generally located at Hwy.
2 and Ashbrook Dr. (Related Items: 14-13, 14-14
& 14R-44) (2/10/14 - P.H. cont'd (for new
information only) & Action Delayed to 3/3/14)
(ACTION DELAYED ONE WEEK TO 03/10/14, 7-0)
Fact Sheet (2261K)
24) 14R-44 Special Permit No. 13043 - Approving the application of
Livingston Investments to develop the Broadmoor
Ashbrook Apartments Community Unit Plan to allow up to
220 dwelling units with requested waivers of the
required block length and building height on property
generally located at Hwy. 2 and Ashbrook Dr.
(Related Items: 14-13, 14-14 & 14R-44)
(2/10/14 - P.H. cont'd (for new information only) &
Action Delayed to 3/3/14)
(ACTION DELAYED ONE WEEK TO 03/10/14, 7-0)
Fact Sheet (11895K)
Fact Sheet (14534K)
Attachment (109K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
25) 14-17 Authorizing the purchase agreement for the sale of
City owned property generally located at 1520 Van
Dorn Street to Kylie J. Schildt. (MTA #1 ADOPTED, 7-0;
PASSED AS AMENDED, 7-0, #19993)
Fact Sheet (85K)
Attachment (1474K)
Motion To Amend (638K)
26) 14-18 Approving a Real Estate Sales Agreement between
the City of Lincoln and Cynthia Ostiguin for the
sale of City owned property generally located at
144 B Street. (PASSED, 7-0; #19994)
Fact Sheet (59K)
Attachment (716K)
27) 14-19 Approving a Real Estate Sales Agreement between
the City of Lincoln and Neighborhoods, Inc. for
the sale of City owned property generally located
at 2206 E Street. (PASSED, 7-0; #19995)
Fact Sheet (65K)
Attachment (700K)
28) 14-20 Amending Chapter 18.04 of the Lincoln Municipal
Code relating to Construction Requirements to
bring said chapter into conformance with Neb. Rev.
Stat. §15-905 by amending Section 18.04.010
to delete a reference to farmsteads; repealing
Section 18.04.020 (Farmstead Defined); amending
Section 18.04.080 to correct a section reference;
and amending Section 18.04.090 to exempt cities
and villages within three miles of the corporate
limits of the City of Lincoln unless such cities
and villages consent. (PASSED, 7-0; #19996)
Fact Sheet (12K)
"Ordinances - 1st Reading" & "Resolutions - 1st Reading" are on Agenda
for Advance Notice Only - Public Hearing will occur on Second Reading
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 29 THRU 32 HAD 1ST READING)
29) 14-24 Authorizing the issuance of tax allocation bonds
with a total not to exceed $175,000.00 for the
City of Lincoln, Case, Case and Case Redevelopment
Project in Greater Downtown Lincoln. (Related
Items: 14-24, 14R-65, 14R-66)
30) 14R-65 Amending the FY 13/14 CIP to authorize and appropriate
$175,000 in TIF funds for the Case, Case and Case
Redevelopment Project on private property generally
located at 1421 P Street and adjacent rights of way in
Greater Downtown Lincoln. (Related Items: 14-24,
14R-65, 14R-66)
Fact Sheet (-0K)
31) 14R-66 Approving the Case, Case and Case Redevelopment Project
Redevelopment Agreement between TB Rentals, LLC and the
City of Lincoln relating to the redevelopment of
private property generally located at 1421 P Street and
adjacent rights of way in Greater Downtown Lincoln.
(Related Items: 14-24, 14R-65, 14R-66)
Fact Sheet (12K)
Attachment (3203K)
32) 14-26 Amending the pay schedule for the employee group
whose classifications are assigned to the pay
range prefixed by the letter "A" by changing the
pay range of Parks Operations Coordinator.
Fact Sheet (51K)
Attachment (140K)
RESOLUTIONS - 1ST READING (ITEMS 33 AND 34 HAD 1ST READING)
33) 14R-64 Special Permit No. 14001 - Application of Lutheran
Family Services of Nebraska, Inc. for authority to
operate a non-residential health care facility,
including waivers to the front and side yard
landscaping and to reduce the front, side and rear yard
setbacks for the existing building and parking lot, on
property generally located at South 17th Street and
South Street.
Fact Sheet (1980K)
34) 14R-67 Concurring with the Nebraska Department of Roads
selection of Watts Electric Company as lowest bidder
and authorizing execution of the construction contract
between the City and Watts Electric Company to be
funded in part with Federal Transportation Enhancements
Program Funds for construction of Project No. ENH-
58266(2), West "O" Historic Highway Project. (UD
requests 1st & 2nd Reading on 3/3/14 to meet
the State's deadline)
Fact Sheet (48K)
Attachment (646K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
35) 07-73 Amending Title 20 of the Lincoln Municipal Code,
the Building Code, by adding a new Chapter 20.02,
entitled Neglected Building Registration, to
require registration of neglected, deteriorated
and/or abandoned buildings, to require the filing
of plans for restoration or demolition of
abandoned buildings, and to establish penalties
for violations thereof. (5/7/07 - Placed on
Pending, No Date Certain)
Fact Sheet
36) 13-108 Creating Special Assessment Re-Paving District No. 158
for the purpose of reconstructing portions of 66th St.,
Almira Lane, Marcus Rd., and Anns Ct. within the
Country Meadows Homeowners Association Boundaries, and
assessing the costs thereof against the benefitted
properties. (10/7/13 - Action Delayed with Cont'd
P.H. for 3 Weeks to 10/28/13) (10/21/13 - Action
delayed with Cont'd P.H. to 11/4/13) (10/21/13 - Action
delayed with Cont'd P.H. to 12/9/13) (11/25/13 -
Placed on Pending, No Date Certain)
Fact Sheet
Attachment (1111K)
37) 14-15 Change of Zone No. 13029 - Application of US
Properties for a change of zone from AGR
Agricultural Residential District to H-3 Highway
Commercial District on property generally located
at Eiger Drive and Nebraska Highway 2. (Related
Items: 14-15, 14R-48) (2/10/14 - Placed on
Pending, No Date Certain)
Fact Sheet (2736K)
38) 14R-48 Special Permit No. 13060 - Application of Silver Office
- Oakview LLC to allow a campground for 13 camp sites
on property generally located at Eiger Drive and
Nebraska Highway 2. (Related Items: 14-15, 14R-
48) (2/10/14 - Placed on Pending, No Date
Certain)
Fact Sheet (2814K)
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 10TH & 31ST.
ADJOURNMENT 5:14 P.M.
UPCOMING HEARINGS
Hearing Date of Mon., March 10, 2014 at 3:00 P.M. on the
Application of Val Limited dba Valentino's for a Class I Liquor
License at 3535 Holdrege St.
Hearing Date of Mon., March 10, 2014 at 3:00 P.M. on the
Application of GNS Corp. dba Cappy's for a Liquor Catering
License at 5560 S. 48th St. #4.
Hearing Date of Mon., March 10, 2014 at 3:00 P.M. on the
Application of WBC Enterprises LLC dba Night Owl Pub for a Class
C Liquor License at 3233 ½ S. 13th St.
Hearing Date of Mon., March 10, 2014 at 3:00 P.M. on the
Application of Henry Mac LLC dba Henry's on South to add a Liquor
Catering License and for an addition to the licensed premise of
an L shaped outdoor area approx. 40' X 30' X5' to the southwest
for a Sidewalk Caf? at 2110 Winthrop Rd.
***
The City Council Meeting, which is broadcast live at 3:00 p.m. every
Monday and at 5:30 p.m. on the last Monday of each month, will be
rebroadcast on Saturdays at 1:00 p.m., immediately following the Pre-
Council Meeting on Timewarner Digital Cable Channel 5 or Basic Cable
Channel 71-14 and it is streamed live at lincoln.ne.gov.
***
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.