Lincoln City Council August 6, 2018

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Chapters

Meeting Open 00:01:53


PUBLIC HEARING - CONSENT AGENDA 00:03:44

PUBLIC HEARING - CONSENT AGENDA Anyone wishing to address an item on the Consent Agenda may do so at this time. 1. REPORTS OF CITY OFFICERS 1.a. 18R-180 Agreement with Nebraska Dept. of Health & Human Services to complete fecal blood occult screening tests in the Health Dept. Lab for a term of July 9, 2018 through June 30, 2019 with the option to renew for 5 additional years wherein NDHHS shall pay the City up to $90,000 per year. (ADOPTED, 7-0; A-91169) Cover Page 18R-180 Resolution.pdf 18R-180 Attachment A - Interlocal Agreement - Colon Cancer Screening.pdf 18R-180 Factsheet.pdf 1.b. Approving the distribution of funds representing interest earnings on short-term investments of Idle Funds during the month ended June 30, 2018. (ADOPTED, 7-0; A-91170) Cover Page Idle Fund 6.18 Resolution.pdf 1.c. Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by City Council on July 23, 2018. (PLACED ON FILE) Cover Page 1.d. Report from City Treasurer of city cash on hand at the close of business on June 30, 2018. (PLACED ON FILE) Cover Page Cash Letter June 2018.pdf 2. PETITIONS & COMMUNICATIONS 2.a. Setting the hearing date of Monday, August 20, 2018 at 3:00 p.m. on the Application of Martinson Enterprises dba Crescent Moon Coffee for an addition to their licensed premise an area measuring approx. 20' x 40' indoor to the south at 140 N. 8th St. Suite 10. (ADOPTED, 7-0; A-91171) 1 Cover Page 2.b. Setting the hearing date of Monday, August 20, 2018 at 3:00 p.m. on the Application of WHIMOL, LLC Retail Company dba Canopy Street Market for a Class C Liquor License at 140 South Canopy Street. (ADOPTED, 7-0; A-91172) Cover Page 2.c. Setting the hearing date of Monday, August 20, 2018 at 3:00 p.m. on the Application of D & S Operations LLC dba Cigarz Lounge for a Class CCS (Alcohol Liquor On/Off Sale/Cigar Shop) Liquor License at 800 Q Street. (ADOPTED, 7-0; A-91173) Cover Page


4. PUBLIC HEARING - LIQUOR RESOLUTIONS 00:04:49


4. PUBLIC HEARING - LIQUOR RESOLUTIONS 4.a.b. 00:05:02

4.a. Application of USTaco, Inc., dba Rusty Taco for a Class I liquor license at 210 North 14th Street, Suite 4. (ADOPTED FOR APPROVAL, 7-0; A-91174) Cover Page 4.a. Rusty Taco Class I app.pdf 4.a. Rusty Taco Class I den.pdf 4.a.b. Letter and Application of Rusty Taco and Manager Application for Robert Harris.pdf 4.b. Manager Application of Robert Harris for USTaco, Inc., dba Rusty Taco at 210 North 14th Street, Suite 4. (ADOPTED FOR APPROVAL, 7-0; A-91175) Cover Page 4.b. Robert R. Harris for Rusty Taco app.pdf 4.b. Robert R. Harris for Rusty Taco den.pdf 4.a.b. Letter and Application of Rusty Taco and Manager Application for Robert Harris.pdf


4. PUBLIC HEARING - LIQUOR RESOLUTIONS 4.c. 00:09:35

4.c. Manager Application of Lori L. Greenwood for Eagles Fraternal Order 147 dba Eagles Fraternal Order 147 at 500 West Industrial Lake Drive. (ADOPTED FOR APPROVAL, 7-0; A-91176) Cover Page 4.c. Lori Greenwood for Eagles Frat Order 147 app.pdf 4.c. Lori Greenwood for Eagles Frat Order 147 den.pdf 4.c. Letter and Manager Application for Lori Greenwood for Eagles Fraternal


4. PUBLIC HEARING - LIQUOR RESOLUTIONS 4.d. 00:10:55

4.d. Application of The Bay/Rabble Mill for a special designated license to cover an outdoor area measuring approximately 246 feet by 142 feet at The Bay at 2005 Y Street on August 25, 2018 between 7:30 a.m. and 11:30 p.m. (ADOPTED FOR APPROVAL, 7-0; A-91177) Cover Page 4.d. The Bay SDL app.pdf 4.d. The Bay SDL den.pdf The BayRabble Mill SDL App.pdf


4. PUBLIC HEARING - LIQUOR RESOLUTIONS 4.e. 00:14:52

4.e . Application of Hunky Dory, LLC for a special designated license to cover an outdoor area measuring approximately 120 feet by 65 feet at The Royal Grove at 340 West Cornhusker Highway on August 25, 2018 between 12:00 p.m. and 10:00 p.m. (ADOPTED FOR APPROVAL, 7-0; A-91178) Cover Page 4.e. Hunky Dory SDL app.pdf 4.e. Hunky Dory SDL den.pdf Hunky Dory SDL.PDF


4. PUBLIC HEARING - LIQUOR RESOLUTIONS 4.f. 00:16:27

4.f. Application of Kinkaider Brewing Company for a special designated license to cover an outdoor area measuring approximately 42 feet by 225 feet at Lincoln Station Platform at 201 North 7th Street, #108 on September 1, 2018 between 7:00 a.m. and 2:00 a.m. (ADOPTED FOR APPROVAL, 7-0; A-91179) Cover Page 4.f. Kinkaider Brewing SDL app.pdf 4.f. Kinkaider Brewing SDL den.pdf Kinkaider Brewing SDL.pdf


4. PUBLIC HEARING - LIQUOR RESOLUTIONS 4.g. 00:20:01

4.g. Application of Pete Ricketts for Governor, Inc. for a special designated license to cover an outdoor area measuring approximately 287 feet by 287 feet at 1425 H Street on September 1st from 4 p.m. - 6 p.m; September 8th from 11:30 a.m. - 1:30 p.m.; September 15th from 8 a.m. - 10 a.m.; September 29th from 8 a.m. - 7 p.m.; October 20th from 8 a.m. - 7 p.m., and November 10th from 8 a.m. - 7 p.m. (ADOPTED FOR APPROVAL, 7-0; A-91180) Cover Page 4.g. Ricketts SDL app.pdf 4.g. Ricketts SDL den.pdf Ricketts for Governor SDL Application 2018.pdf


4. PUBLIC HEARING - LIQUOR RESOLUTIONS 4.h. 00:22:49

4.h. Application of SMG Food and Beverage LLC dba Pinnacle Bank Arena for a special designated license to cover an outdoor area measuring approximately 190 feet by 143 feet at Pinnacle Bank Arena at 400 Pinnacle Bank Arena Drive on August 18th from 1:30 p.m. - 7:30 p.m.; September 1st from 2p.m. - 8 p.m; September 8th from 9:30 a.m. - 3:30 p.m.; September 15th from 7 a.m. - Noon; September 29th from 7 a.m. - 2a.m.; October 20th from 7 a.m. - 2 a.m.; November 10th from 7 a.m. - 2 a.m., and November 17th from 7 a.m. - 2 a.m. (7/30/18 - Public Hearing & Action cont'd 1 week to 8/6/18) (Request to Withdraw) (WITHDRAWN, 7-0; #38-4703) Cover Page 4.d. SMG PBA SDL app.pdf 4.d. SMG PBA SDL den.pdf SMG SDL 8182018.pdf SMG SDL 912018.pdf SMG SDL 982018.pdf SMG SDL 9152018.pdf SMG SDL 9292018.pdf SMG SDL 10202018.pdf SMG SDL 11102018.pdf SMG SDL 11172018.pdf


- VOTE ON LIQUORS - 00:23:24


5. PUBLIC HEARING - RESOLUTIONS 5.a. 00:24:41

5.a. 18R-126 Approving an agreement among the City of Lincoln, the West Haymarket JPA, and TDP Phase I LLC whereby TDP Phase I LLC agrees to refund a portion of the TIF proceeds and rescinding the requirement that TDP Phase I continues to operate a Public Market Space as part of the TDP Phase I Redevelopment Project. (7/9/18 - Public Hearing & Action cont'd to 8/6/18) (PUBLIC HEARING & ACTION CONT’D TWO WEEKS TO 8/20/18, 7-0) Cover Page 18R-126 Resolution.pdf 18R-126 Attachment A.pdf 18R-126 Factsheet.pdf 18R-126 Motion to Amend No. 1.pdf 18R-126 Attachment A.pdf


5. PUBLIC HEARING - RESOLUTIONS 5.b. 00:52:15

5.b. 18R-177 Special Permit 18026 - Application of Sandra Harder for a licensed early childhood care facility, including a waiver of parking requirements, on property generally located at 2741 South 44th Street. (ADOPTED, 7-0; A-91181) Cover Page 18R-177 Resolution.pdf SP18026 - FACTSHEET.pdf


- VOTE ON RESOLUTIONS - 00:55:09


6. PUBLIC HEARING - ORDINANCES 2ND READING 6.a. 00:55:34

6.a. 18-60 Creating a clean energy assessment district, which shall be known as the Greater Nebraska PACE District, to establish definitions; to provide for financing, administration, and collections relating to energy efficiency improvements and renewable energy systems. (6/18/18 - Public Hearing & Action cont'd to 7/23/18) (7/16/18 - Public Hearing & Action cont'd to 8/6/18) (PUBLIC HEARING & ACTION CONT’D THREE WEEKS TO 8/27/18, 7-0) Cover Page 18-60 PACE Ordinance.pdf 18-60 PACE Assessment Contract.pdf 18-60 PACE factsheet.pdf


6. PUBLIC HEARING - ORDINANCES 2ND READING 6.b. 00:56:51

6.b. 18-82 Change of Zone 18009 - Application of the Director of Lincoln-Lancaster County Planning Department for a change from I-1 Industrial District to H-3 Highway Commercial District PUD; from I-1 Industrial District to B-1 Local Business District PUD; from R-2 Residential District to H-3 Highway Commercial PUD; from R-5 Residential District to H-3 Highway Commercial District PUD; and from B-5 Planned Regional Business District to H-3 Highway Commercial District PUD, all with various waivers on properties generally located in the vicinity of the former Missouri Pacific Railroad corridor between Vine Street and North 66th Street. Cover Page 18-82 Ordiance.pdf 18-82 Exhibit A.pdf CZ18009 - FACTSHEET.pdf


6. PUBLIC HEARING - ORDINANCES 2ND READING 6.c.d.e 01:03:16

6.c. 18-83 Annexation 18004 - Application of Southwest Folsom Development, LLC to annex approximately 42.49 acres on property generally located at the southwest corner of West Old Cheney Road and West Folsom Street. (Related Items: 18-83, 18R-178, 18-84) Cover Page 18-83 Ordinance.pdf 18-83 Attachment A.pdf AN18004 + - FACTSHEET.pdf 6.d. 18R-178 Approval of an Annexation Agreement for Southwest Village Heights 1st Addition between the City and Southwest Folsom Development, LLC related to property generally located at the southwest corner of Old Cheney Road and South Folsom Street. (Related Items: 18-83, 18R-178, 18-84) (Action Date: 8/13/18) 18R-178 Resolution.pdf 18R-178 Attachment A.pdf 18R-178 Factsheet.pdf 6.e . 18-84 Change of Zone 18017 - Application of Southwest Folsom Development, LLC for a change from AG Agricultural District to R-3 Residential District on property generally located at the southwest corner of West Old Cheney Road and West Folsom Street. (Related Items: 18-83, 18R-178, 18-84) Cover Page 18-84 Ordinance.pdf CZ18017 + - FACTSHEET.pdf


6. PUBLIC HEARING - 6.f.g.h.i.j.k. 01:09:51

6.f. 18R-174 Comprehensive Plan Amendment 15005 - Application of Lincoln Federal Bancorp, Inc. to amend the 2040 Lincoln-Lancaster County Comprehensive Plan to revise the Future Land Use Map, trail route, and commercial center designations in the vicinity of South 40th Street and Yankee Hill Road. (Related Items: 18R-174, 18-79, 18-80, 18R-175, 18-81, 18R-176) (Action Date: 8/13/18) Cover Page 18R-174 Resolution.pdf 18R-174 Exhibit A.pdf 18R-174 Exhibit B.pdf CPA15005 - FACTSHEET.pdf 6.g. 18-79 Change of Zone 15016A - Application of Lincoln Federal Bancorp, Inc. for a change of zone expanding the area included in the Wilderness Creek Planned Unit Development (PUD); amending the PUD from R-5 Residential District PUD to R-3 Residential District PUD; and from B-2 Planned Neighborhood Business District PUD to R-5 Residential District PUD; and approving a waiver for building height limitations from 35 feet to 55 feet on property generally located south of Yankee Hill Road between South 33rd and South 44th Streets. (Related Items: 18R-174, 18-79, 18-80, 18R-175, 18-81, 18R-176) Cover Page 18-79 Ordinance.pdf CZ15016A - FACTSHEET.pdf 6.h. 18-80 Change of Zone 06075A - Application of Lincoln Federal Bancorp, Inc. for a change of zone amending the Wilderness Commons Planned Unit Development (PUD) to decrease the area included in the PUD by approximately 20 acres; to change the zoning designation for certain areas within the PUD from B-2 Planned Neighborhood Business District PUD to R-3 Residential District PUD; and from B-2 Planned Neighborhood Business District PUD to R-5 Residential District PUD; and to approve waivers of 6 width requirements for public and private roadways, a waiver to allow double frontage lots, and a waiver of building height requirements within the PUD area, on property generally located west of South 40th Street and Wilderness Hills Boulevard. (Related Items: 18R-174, 18-79, 18-80, 18R-175, 18-81, 18R-176) Cover Page 18-80 Ordinance.pdf CZ06075A - FACTSHEET.pdf 6.i. 18R-175 Approval of an amendment to the Wilderness Commons Conditional Annexation and Zoning Agreement, approved as Resolution No. A-85188 on December 15, 2008, between the City and Lincoln Federal Bancorp, Assurity Life Insurance Company, B&J Partnership, Ltd, and Zentree II, LLC, related to property generally located south of Yankee Hill Road along the west side of S. 40th Street. (Related Items: 18R-174, 18-79, 18-80, 18R-175, 18-81, 18R-176) (Action Date: 8/13/18) Cover Page 18R-175 Resolution.pdf 18R-175 Attachment A.pdf 18R-175 Factsheet.pdf 6.j. 18-81 Change of Zone 07060B - Application of Lincoln Federal Bancorp, Inc. for a change of zone expanding the area included in the Wilderness Heights Planned Unit Development (PUD);amending the Wilderness Heights PUD for changes of zone to certain areas within the PUD from B-2 Planned Neighborhood Business District PUD to O-3 Office Park District PUD; B-2 Planned Neighborhood Business District PUD to B-2 Planned Neighborhood Business District PUD; R-3 Residential District to B-2 Planned Neighborhood Business District PUD; R-3 Residential District to R-3 Residential District PUD; R-3 Residential District to R-5 Residential District PUD; and B-2 Planned Neighborhood Business District PUD to R-5 Residential District PUD; and approving waivers to building height, setback, block length, and lot layout requirements throughout the PUD, on property generally located southeast of South 40th Street and Yankee Hill Road. (Related Items: 18R-174, 18-79, 18-80, 18R-175, 18-81, 18R-176) Cover Page 18-81 Ordinance.pdf CZ07060B - FACTSHEET.pdf 6.k. 18R-176 Approval of an amendment to the Wilderness Heights Conditional Annexation and Zoning Agreement, approved as Resolution No. A-85189 on December 15, 2008 and amended by Resolution A-87461, between the City and Lincoln Federal Bancorp related to property generally located southeast of Yankee Hill Road and South 40th Street. (Related Items: 18R-174, 18-79, 18-80, 18R-175, 18-81, 18R-176) (Action Date: 8/13/18)


7. ORDINANCES - 3RD READING 7.a. 01:22:30

7.a. 18-78 Approving the close out of completed construction projects and transfer of unspent appropriations and cash (if any) from various projects to projects where additional funding is needed within the Public Works & Utilities Department and the Parks & Recreation Department. (PASSED, 7-0; #20688) Cover Page 18-78 Factsheet.pdf 18-78 Ordinance.pdf


7. ORDINANCES - 3RD READING 7.b. 01:23:07

7.b. 18-62 Amending Section 3.04.080 of the Lincoln Municipal Code, entitled "Tax Increment Financing – Administrative Fee", to raise the administrative fee for redevelopment projects receiving tax increment financing. (MTA #1 TO ACCEPT SUBSTITUTE ORDINANCE, 7-0; AMENDED, 6-1; DISSENTING: GAYLOR BAIRD; PASSED AS AMENDED, 7-0; #20689) Cover Page 18-62 Factsheet.pdf 18-62 Ordinance.pdf


ADJOURNMENT 01:37:46


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