InterLinc Home Page
lincoln.ne.gov
City of Lincoln
City of Lincoln
City Council Office

Formal Agenda


  ACTION  FROM  THE  REGULAR  CITY  COUNCIL  MEETING  HELD
             MONDAY,  AUGUST 28, 2017 AT 5:30 P.M.


 DUE TO THE LABOR DAY HOLIDAY, THERE WILL NOT BE A CITY COUNCIL
             MEETING ON MONDAY, SEPTEMBER 4, 2017

                     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-206   Reappointing Debra McGuire and Lucas Sabalka to the Air
               Pollution Advisory Board for terms expiring September
               1, 2020. (ADOPTED, 7-0; A-90640)

 2)  17R-207   Reappointing Rebecca Garrett-Ferguson to the Police and
               Fire Pension Plan Investment Board for a term expiring
               September 1, 2022. (ADOPTED, 7-0; A-90641)

 3)  17R-208   Appointing Yingxiao Song to the Telecommunication/Cable
               Television Advisory Board for a term expiring July 1,
               2020. (ADOPTED, 7-0; A-90642)
               Attachment (290K)

 4)  17R-209   Appointing Cristy Joy to the Lincoln-Lancaster County
               Planning Commission for a term expiring September 24,
               2019. (ADOPTED, 7-0; A-90643)
               Attachment (1159K)

 5)  17R-210   Appointing Vickie McDonald to the Board of Zoning Appeals 
               for a term expiring February 1, 2019. (ADOPTED, 7-0; 
               A-90644)
               Attachment (134K)

 6)            Clerk's Letter and Mayor's Approval of Resolution and
               Ordinances passed by City Council on August 7, 2017.
               (PLACED ON FILE)

 7)            Clerk's Letter and Mayor's Approval of Resolution and
               Ordinances passed by City Council on August 14, 2017.
               (PLACED ON FILE)

 8)            Lincoln Electric System Financial & Operating Statement
               for the month of July, 2017. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 9)            Setting the hearing date of Monday, September 11, 2017
               at 3:00 p.m. on the Application of Costco Wholesale
               Corp. dba Costco Wholesale #1285 for a Class D Liquor
               License at 1620 Pine Lake Road. (ADOPTED, 7-0; A-90645)

10)            Setting the hearing date of Monday, September 18, 2017
               at 3:00 p.m. on the Application of TMAI & JPHAM 
               Investment Group LLC dba 12th Street Pub for a Class 
               CK Liquor License at 100 N 12th Street.  (ADOPTED, 
               7-0; A-90646)
 
11)            Setting the hearing date of Monday, September 18, 2017
               at 3:00 p.m. on the Application of Lagniappe 9 LLC dba
               Red Fox Westside Grille for a Class I Liquor License at
               1339 West O Street. (ADOPTED, 7-0; A-90647)

12)            Setting the hearing date of Monday, September 18, 2017
               at 3:00 p.m. on the Application of Steve  O's Lounge
               LLC dba Steve O's Lounge for an addition of an area
               measuring approx. 56' x 20' to the licensed premise at
               110 West Fletcher Avenue. (ADOPTED, 7-0; A-90648)

13)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 17048, to Final Plat No. 
               17038, Silverhawk Estates, approved by the Planning 
               Director on August 17, 2017, to acknowledge the Affidavit 
               of Surveyor to correct typographical errors on Silverhawk 
               Estates Final Plat, generally located at S. 54th Street 
               and Wittstruck Road.
               Administrative Amendment No. 17044, to Preliminary Plat 
               No. 16008, Southwest Village Heights, approved by the 
               Planning Director on August 18, 2017, to modify the grading 
               minimum opening elevations around the detention cells in 
               Outlots B and C, generally located at W. Amaranth Lane and 
               South Folsom Street.

14)            THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT:
               Change of Zone No. 16063A Requested by Wilderness Hills, 
               LLC, amending the Wilderness Hills Commercial Planned 
               Unit Development to add motorized vehicle sales and 
               repair/service, early childhood care facilities, academies, 
               and private schools as allowed uses, with a waiver to 
               side yard setbacks, on property generally located at the 
               southeast corner of 27th Street and Yankee Hill Road.
               Change of Zone No. 17020 Requested by Lancaster County 
               Board of Commissioners, from P (Public District) to R4 
               (Residential District) with landmark overlay, on property 
               generally located at 2202 South 11th Street.
               Special Permit No. 17029 ? Requested by David B.
               Stirtz, to allow for an exception to the maximum height
               permitted in the R 8 Residential District, to allow for
               a church bell tower, on property generally located at
               1213 H Street.
               Special Permit No. 17030 Requested by Lancaster County 
               Board of Commissioners, to foster preservation of the 
               former Saint Elizabeth Hospital Nurses Home (Trabert Hall) 
               by permitting its utilization for offices or dwelling 
               units, or for some mix thereof, under the provisions of 
               Section 27.63.400 of the City of Lincoln Zoning Ordinance,  
               on generally located at 2202 South 11th  Street.
               Text Amendment No. 17012 Requested by David and Cynthia 
               Wood, amending Chapter 27.72 of the Lincoln Municipal Code 
               relating to the zoning ordinance height and lot 
               regulations by amending Section 27.72.120 to provide that 
               an accessory building attached to the main building by an 
               unenclosed deck or walkway shall not be considered part of 
               the main building and subject to the height and yard 
               requirements of the main building; and repealing Section 
               27.72.120 of the Lincoln Municipal Code as hitherto existing.

15)       MISCELLANEOUS REFERRALS  -  NONE.

                     - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

16)            Application of Global Warming, Inc. dba The Mill for a
               Class CK liquor license at 330 South 21st Street.
               (ADOPTED FOR APPROVAL, 7-0; A-90649)
               CK License approval letter

17)            Manager Application of Tamara S. Sloan for Global
               Warming, Inc. dba The Mill at 330 South 21st
               Street. (ADOPTED FOR APPROVAL, 7-0; A-90650)

18)            Application of Global Warming, Inc. dba The Mill to
               expand its Class C liquor license by the addition of
               Suite 1300 measuring approximately 47 feet by 42 feet
               including outside area measuring approximately 28 feet
               by 9 feet at 2021 Transformation Drive, Suite 1350.
               (ADOPTED FOR APPROVAL, 7-0; A-90651)

19)            Manager Application of Jeffrey S. Buntgen for MMG
               Nebraska F&B, Inc. dba Chili's Grill & Bar at 6730
               South 27th Street. (ADOPTED FOR APPROVAL, 7-0; A-90652)

20)            Manager Application of Joseph J. Raimi for HopCat
               Lincoln, LLC dba HopCat at 601 P Street. 
               (ADOPTED FOR APPROVAL, 7-0; A-90653)
 
21)            Application of Rhinodynamics, Inc. dba Duffy's Tavern
               for a special designated license to cover an outdoor
               area measuring approximately 80 feet by 60 feet at 1412
               O Street on September 24, 2017 between noon and 2:00
               a.m. (ADOPTED FOR APPROVAL, 7-0; A-90654)
               Special Event

22)            Application of Rhinodynamics, Inc. dba Duffy's Tavern
               for a special designated license to cover an outdoor
               area measuring approximately 130 feet by 80 feet at
               1412 O Street on September 28, 29, & 30, 2017 between
               8:00 a.m. and 2:00 a.m. (ADOPTED FOR APPROVAL, 7-0; 
               A-90655)
               Special Event


PUBLIC HEARING - RESOLUTIONS

23)  17R-214   Accepting the report of new and pending claims against
               the City and approving disposition of claims set forth
               for the period of August 1-15, 2017. (MTA #1 ADOPTED, 
               7-0; MTA #2 ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0; 
               A-90656)
               Fact Sheet (30K)
               Attachment (59K)

24)  17R-213   Authorizing the Parks & Recreation Department's
               submittal of an application for financial aid to the
               Nebraska Game and Parks Commission's Recreational
               Trails Program for replacement of the Wilderness Park
               South Bridge over Salt Creek, approximately 1/2 mile
               north of Saltillo Road. (ADOPTED, 7-0; A-90657)
               Fact Sheet (693K)
               Attachment (2688K)

25)  17R-215   Authorizing the transfer of balances plus accrued
               interest in the amount of $861,707.00 from Antelope
               Valley Bond Surplus/Reserve, Account 102013.9220 to
               Lincoln Parks Foundation Trago Park Endowment.
               (ADOPTED, 7-0; A-90658)
               Fact Sheet (279K)

26)  17R-212   A resolution to increase Unused Restricted Funds
               Authority by 1% per Neb. Rev. Stat. Sec. 13-519(2).
               (LOST, 4-3; AYES: ESKRIDGE, GAYLOR BAIRD, 
               RAYBOULD, SHOBE; NAYS: CAMP, CHRISTENSEN, LAMM; 38-4683)
               (6 VOTES WERE REQUIRED TO ADOPT)
               Fact Sheet (284K)

27)  17R-211   Amending the 2016-2018 City of Lincoln Biennial
               Operating Budget for the 2017-2018 fiscal year.
               (MTA #4 ADOPTED, 7-0; ADOPTED AS AMENDED, 5-2; 
               AYES: CHRISTENSEN, ESKRIDGE, GAYLOR BAIRD, RAYBOULD, 
               SHOBE; NAYS: CAMP, LAMM; A-90659)
               Fact Sheet (311K)
               Attachment (658K)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS - NONE

                     - END PUBLIC HEARING -


ORDINANCES - 3RD READING & RELATED RESOLUTIONS

28)  17-120    Ordinance authorizing and providing for the issuance of
               not to exceed $5,325,000 aggregate stated principal
               amount of general obligation stormwater refunding bonds
               of the City of Lincoln, Nebraska. (PASSED, 7-0; #20530)

29)  17-121    Ordinance authorizing and providing for the issuance of
               not to exceed $15,300,000 aggregate stated principal
               amount of sanitary sewer refunding bonds of the City of
               Lincoln, Nebraska. (PASSED, 7-0; #20531)

30)  17-122    Ordinance authorizing the City of Lincoln, Nebraska to
               enter into a lease-purchase transaction with Union Bank
               and Trust Company, Lincoln, Nebraska for the
               acquisition of street lights for the City.
               (PASSED, 4-3; AYES: ESKRIDGE, GAYLOR BAIRD, RAYBOULD, 
               SHOBE; NAYS: CAMP, CHRISTENSEN, LAMM; #20532)

31)  17-123    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; #20533)
               Fact Sheet (243K)

32)  17-102    Amending Chapter 2.76 of the Lincoln Municipal Code
               relating to Personnel System by amending Section
               2.76.040 Definitions to clarify language regarding
               what constitutes a promotion for employees.
               (PASSED, 7-0; #20534)
               Fact Sheet (197K)

33)  17-103    Amending Chapter 2.76 of the Lincoln Municipal Code
               relating to Personnel System by amending Section
               2.76.370 Authorized Holidays to amend language
               regarding Personal Holiday increments.
               (PASSED, 7-0; #20535)
               Fact Sheet (207K)

34)  17-104    Amending the pay schedules for certain employee groups
               by adjusting the pay range schedules for employees
               whose classifications are assigned to the pay ranges
               prefixed by the letter "E" to be effective August 24,
               2017. (PASSED, 7-0; #20536)
               Fact Sheet (200K)
               Attachment (1078K)

35)  17-105    Amending the pay schedules for certain employee groups
               by adjusting the pay range schedules for employees
               whose classifications are assigned to the pay ranges
               prefixed by the letter "W" to be effective August 24,
               2017. (PASSED, 7-0; #20537)
               Fact Sheet (201K)
               Attachment (506K)

36)  17-111    Amending the pay schedule for the "X" classifications
               to delete the classifications of "Legal Secretary I",
               "Employment Clerk", and "Benefits Clerk".
               (PASSED, 7-0; #20538)
               Fact Sheet (195K)

37)  17-106    Amending the pay schedules for certain employee groups
               by adjusting the pay range schedules for employees
               whose classifications are assigned to the pay ranges
               prefixed by the letter "X" to be effective August 24,
               2017. (PASSED, 7-0; #20539)
               Fact Sheet (200K)

38)  17-107    Ordinance revising and simplifying the Excluded "X" pay
               plan. (PASSED, 7-0; #20540)
               Fact Sheet (192K)
               Attachment (1022K)

39)  17-112    Amending the pay schedules for certain employee groups
               by adjusting the pay range schedules for "P"
               classifications to be effective August 24, 2017. 
               (PASSED, 7-0; #20541)
               Fact Sheet (235K)
               Attachment (157K)

40)  17-113    Amending the pay schedules for certain employee groups
               by adjusting the pay range schedules for "N"
               classifications to be effective August 24, 2017.
               (PASSED, 7-0; #20542)
               Fact Sheet (234K)
               Attachment (3385K)

41)  17-114    Amending the pay schedules for certain employee groups
               by adjusting the pay range schedules for "A"
               classifications to be effective August 24, 2017.
               (PASSED, 7-0; #20543)
               Fact Sheet (232K)
               Attachment (2462K)

42)  17-115    Amending the pay schedules for certain employee groups
               by adjusting the pay range schedules for "C"
               classifications to be effective August 24, 2017.
               (PASSED, 7-0; #20544)
               Fact Sheet (233K)
               Attachment (2250K)

43)  17-116    Amending the pay schedules for certain employee groups
               by adjusting the pay range schedules for "B"
               classifications to be effective August 24, 2017.
               (PASSED, 7-0; #20545)
               Fact Sheet (239K)
               Attachment (143K)

44)  17-117    Amending the pay schedules for certain employee groups
               by adjusting the pay range schedules for "M"
               classifications to be effective August 24, 2017.
               (PASSED, 7-0; #20546)
               Fact Sheet (234K)
               Attachment (1084K)

45)  17-119    Change of Zone 17017 Application of Alpha Epsilon
               Assn. of Theta Xi to designate the Theta Xi Fraternity
               House as a Landmark, changing the zoning district from
               B-4 Lincoln Center Business to B-4 Lincoln Center
               Business with Landmark Overlay, on property generally
               located at 1535 R Street. (PASSED, 7-0; #20547)
               Fact Sheet (2341K)
               Attachment (3178K)

46)  17-118    Text Amendment 17011 Amending Title 27 of the Lincoln
               Municipal Code ("Zoning Code") by amending Section
               27.63.110, relating to the approval of a special permit
               for Garden Centers in the AG zoning district, to
               provide that the City Council may allow more than one
               freestanding sign per frontage for garden centers when
               two or more tenants/lessees operate the garden center
               on behalf of the owner and the tenants/lessees have
               separate entrances along the same frontage; and
               repealing Section 27.63.110 of the Lincoln Municipal
               Code as hitherto existing. (Related Items: 17-118,
               17R-203) (PASSED, 7-0; #20548)
               Fact Sheet (240K)

47)  17R-203   Special Permit No. 06022A Application of William Alan
               LLC, to amend Special Permit 06022 to allow a Garden
               Center operated by two tenants/lessees of the owner to
               have two freestanding signs on South 14th Street with 
               one sign located at each tenant/lessee entrance on 
               property generally located at 10901 South 14th Street. 
               (Related Items: 17-118, 17R-203)  (Action Date: 8/28/17)
               (ADOPTED, 7-0; A-90660)
               Fact Sheet (670K)

RESOLUTIONS - 1ST READING  -  (ITEMS 48 THRU 58 HAD 1ST READING; SEE ITEM 57)

48)  17R-219   Appointing Eric Buchanan and Janice Walker to the
               Community Health Endowment Board for terms expiring
               September 1, 2020. (Consent)
               Attachment (405K)

49)  17R-220   Reappointing John (Rusty) Vanneman and Dan Marvin to
               the Community Health Endowment Board for terms expiring
               September 1, 2020. (Consent)

50)  17R-221   Appointing Eric A. North to the Community Forestry
               Advisory Board for a term expiring August 14, 2020.
               (Consent)
               Attachment (224K)

51)  17R-222   Reappointing Emily Casper and Scott E. Hofeling to the
               Community Forestry Advisory Board for terms expiring
               August 14, 2020. (Consent)

52)  17R-216   Approving Legends Patio Grill and Bar as a keno satellite 
               at 801 R Street.
               Fact Sheet (212K)

53)  17R-217   Approving Gray's Keg Saloon as a keno satellite at 104
               North 20th Street.
               Fact Sheet (205K)
  
54)  17R-218   Approving Halftime Bar & Grill as a keno satellite at
               200 West P Street.
               Fact Sheet (208K)

55)  17R-223   Use Permit 05004A Application of Large Partnership
               LTD to alter the existing layout to show 6 lots
               surrounded by an outlot and to increase the approved
               square footage from 31,500 to 54,000 square feet of
               commercial space, with waivers to setbacks, on property
               generally located at South 14th Street and
               Yankee Hill Road.
               Fact Sheet (3459K)

56)  17R-224   Comp. Plan Conformance 17012 Approving an amendment
               to the West O Street Redevelopment Plan to add the
               "Huvepharma Inc. Redevelopment Project" for the
               redevelopment of a vacant parcel into an approximately
               30,000 square foot research and development complex, on
               property generally bounded by West P Street, the first
               set of railroad tracks south of West O Street, 9th 
               Street, and NW/SW 70th Street.
               Fact Sheet (7464K)
               Attachment (6090K)

57)  17R-225   Approving a request to the City Performance Audit
               Committee, pursuant to Chapter 4.66 of the Lincoln
               Municipal Code, to conduct audits 1) of the city
               Development Services Center with particular attention
               to the Center's procedures, operations, use of current
               space as compared to needs, and responsiveness to
               citizen requests for permits and information and 2) of
               the Lincoln Fire and Rescue Department to conduct a
               review of medical related calls that the Department
               responds to on an annual basis. (Request for Council
               to suspend the rules for this item to have Public
               Hearing & Action on 8/28/17) (RULES SUSPENDED TO HAVE 
               INTRODUCTION, PUBLIC HEARING & ACTION ON THIS DATE, 6-1; 
               AYES: CHRISTENSEN, ESKRIDGE, GAYLOR BAIRD, LAMM, RAYBOULD, 
               SHOBE; NAYS: CAMP; ADOPTED, 7-0; A-90661)
               Fact Sheet (264K)

58)  17R-226   A resolution of the City Council of the City of Lincoln
               affirming the City's commitment to safeguard the civil
               rights, safety, and dignity of all community members
               and our commitment to a diverse, supportive, inclusive,
               and protective community.
               Fact Sheet (226K)


ORDINANCES - 1ST READING & RELATED RESOLUTIONS - NONE


PENDING LIST - DATE CERTAIN

59)  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. 
               (7/31/17 - Action Delayed with Public Hearing 3 
               Weeks to 8/21/17)  (8/21/17 - Action Delayed with Public
               Hearing 4 weeks to 9/18/17)
               Fact Sheet (240K)

60)  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 (233K)
               Attachment (2250K)


PENDING LIST  (EXTENDED ONE WEEK)

61)  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)
               Fact Sheet (233K)
               Attachment (2250K

62)  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)
               Fact Sheet (233K)
               Attachment (2250K)

63)  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)
               Fact Sheet (233K)
               Attachment (2250K


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 AUGUST, OPEN MICROPHONE SESSIONS WILL BE HELD
     ON AUGUST 14TH & 28TH.


ADJOURNMENT  10:36 P.M.


UPCOMING HEARINGS - NONE



                                  ***
The Lincoln City Council meets every Monday at 3 p.m. except for the
last Monday of the month whichbegins 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 cable television system: ALLO Channel 2; Spectrum
Channel 1300; Kinetic Channel 5.  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.

City Council
Meetings