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, JANUARY 6, 2014 AT 3:00 P.M.

                   ALL PRESENT EXCEPT EMERY
  
   RECONSIDERATION - RESOLUTION A-88008

               Approving the Block 68 Redevelopment
               Project Redevelopment Agreement Between
               Ca/argent Block 68 Lincoln, LLC and
               the City of Lincoln relating to the
               redevelopment of property generally
               located on the block bounded by 10th,
               11th, M and N Sts.(Related Items: 
               13R-286, 13R-287) 12/16/13 - Adopted,
               7-0; A-88008. (1/6/14 - CITY ATTORNEY
               & URBAN DEVELOPMENT REQUESTED
               RECONSIDERATION. MOTION TO RECONSIDER
               APPROVED, 6-0; TO HAVE ACTION ON 1/13/14)

              

                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)  13R-296   Approving a multi-year contract between
               the Community Health Endowment of Lincoln
               and the Lincoln-Lancaster County Health
               Department for a total grant award of
               $60,000 to utilize group purchase to
               procure low/no cost diabetic supplies for
               poor, uninsured, and homeless clients of
               safety net providers for a period of
               January 1, 2014 through December 31, 2016.
               (ADOPTED, 6-0; A-88013)
               Fact Sheet (60K)
               Attachment (1651K)

 2)  13R-298   Appointing Janet Goodman-Banks to the
               StarTran Advisory Board for a term
               expiring October 20, 2016.
               (ADOPTED, 6-0; A-88014)

 3)            Mayor's Veto Message on Resolution
               A-88006 - Re-adopting the Water System
               Impact Fee Schedule, Water Distribution
               Impact Fee Schedule, Wastewater Impact
               Fee Schedule, Arterial St. Impact Fee
               Schedule, and Neighborhood Park and
               Trail Impact Fee Schedule without any
               adjustment for inflation until July 1, 2014.
               (PLACED ON FILE; NO ACTION TAKEN BY COUNCIL;
               VETO STANDS)

 4)            Clerk's letter and Mayor's Approval of
               Resolutions and Ordinances passed by the
               City Council on December 16, 2013.
               (PLACED ON FILE)

 5)            Assessment Resolutions for Board of
               Equalization Group I. (ADOPTED, 6-0)   

 6)            Report from City Treasurer of 911 Surcharge
               for the time period of June, 2013 Through
               December,  2013.(PLACED ON FILE)

PETITIONS & COMMUNICATIONS

 7)            Setting the hearing date of Mon., Jan. 27,
               2014 at 5:30 p.m. on the Application of
               Empyrean Brewing Co. dba Empyrean Brewing
               Co. for a Class L (Brew Pub) Liquor License
               at 300 S. 7th St.(ADOPTED, 6-0; A-88015)

 8)            Setting the hearing date of Mon., Jan. 27,
               2014 at 5:30 p.m. on the Application of
               Hergert Oil Co. dba Super C for a Class D
               Liquor License at 501 W. A St.
               (ADOPTED, 6-0; A-88016)

 9)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment 13061 to Change of
               Zone 3134D, Willow Springs PUD, requested
               by Engineering Design Consultants & approved
               by the Planning Director on Dec. 20, 2013,
               increasing the floor area from 12,000 sq. ft.
               of medical office to 11,850 sq. ft. of medical
               office & 900 sq. ft. of office, for a total
               of 12,750 sq. ft. of floor area, on property
               generally located near S. 78th St. & Pioneers
               Blvd.
               Administrative Amendment 13082 to Change of
               Zone 04075D, Village Gardens PUD, requested
               by Olsson Assoc. & approved by the Planning
               Director on Dec. 20, 2013, adjusting the
               min. lot width from 35' to 33' for the Type
               C - Small Single-Family dwelling type on Page
               21 of the Development Plan, on property
               generally located near S. 56th St. & Pine
               Lake Rd.

                     - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

10)            Manager Application of Savanna Carman for
               Triple D LLC dba Dino's Eastside Grille
               at 2901 S. 84th St., Suite L.
               (P.H. & ACTION CONT'D ONE WEEK TO 
               1/13/14; 6-0)

11)            Application of Sweep Left LLC dba Sweep
               Left to add an outdoor area measuring
               approximately 14 ft. by 20 ft. to the
               north of the currently licensed premises
               at 815 O St., Suite 2.
               (ADOPTED FOR APPROVAL, 6-0; A-88017)
 
12)            Application of Countryview Studios Inc.
               dba Art & Soul to add an outdoor area
               measuring approx. 11 ft. by 35 ft. to
               the east of the currently licensed
               premises at 5740 Hidcote Dr.
               (ADOPTED FOR APPROVAL, 6-0; A-88018)

13)            Application of Tiger, Inc. dba Karma
               for a Class C liquor license at 226
               S. 9th St.(ADOPTED FOR APPROVAL, 6-0;
               A-88019)

14)            Manager Application of Kyle K. Baun for
               Tiger, Inc. dba Karma at 226 S. 9th St.
               (ADOPTED FOR APPROVAL, 6-0; A-88020)

15)            Application of  JSD LLC dba Huskerville
               Pub & Pizza for the addition of a catering
               license to it Class C liquor license at
               2801 N.W. 48th St.(ADOPTED FOR APPROVAL,
               6-0; A-88021)

16)            Manager Application of Thomas Westfall
               for The Intercom Club, Inc. dba The
               Nebraska Club at 233 S. 13th St.
               (ADOPTED FOR APPROVAL, 6-0; A-88022)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
(as required) -  NONE

PUBLIC HEARING - RESOLUTIONS

17)  13R-297   Authorizing a request to the State of
               Nebraska, Board of Public Roads
               Classifications and Standards, for
               relaxation of the Minimum Design
               Standards to allow a two foot wide
               non-curbed section shoulder width and
               a two foot wide allowable fixed obstacle
               clearance in the Country Meadows Re-Paving
               project limits generally located at S.
               66th St. and Hwy. 2.
               (ADOPTED, 6-0; A-88023)
               Fact Sheet (72K)
               Attachment (145K)

                     - END PUBLIC HEARING -


ORDINANCES - 3RD READING & RELATED RESOLUTIONS
(as required)

18)  13-158    Amending the class title and pay schedule
               for the employee group whose classifications
               are assigned to the pay range prefixed by the
               letter "A" by changing the title and pay
               range of Forestry Supervisor to Community
               Operations Forester. (PASSED, 6-0; #19974)
               Fact Sheet (41K)

19)  13-159    Amending Chapter 2.76 of the Lincoln
               Municipal Code relating to Personnel Rules
               and Regulations to include provisions for
               employees with a pay range prefixed by the
               letter "M" that were previously included in
               the Management Compensation Plan by amending
               Section 2.76.155 to include provisions for
               longevity pay for employees with a pay range
               prefixed by the letter "M"; adding a new
               section numbered 2.76.160 to provide for
               the award of variable merit increases for
               employees with a pay range prefixed by the
               letter "M"; and amending Section 2.76.395
               to include vacation leave for employees
               with a pay range prefixed by the letter "M".
               (PASSED, 6-0; #19975)
               Fact Sheet (88K)

20)  13-160    Amending Chapter 2.78 of the Lincoln
               Municipal Code relating to the Management
               Compensation Plan by amending Section
               2.78.010 to remove employees with a pay
               range prefixed by the letter "M" from the
               Management Compensation Plan; by amending
               Section 2.78.020 to remove annual leave
               provisions for employees with a pay range
               prefixed by the letter "M"; amending Section
               2.78.025 to remove provisions for merit
               increases for employees with a pay range
               prefixed by the letter "M"; repealing
               Section 2.78.027, to remove longevity pay
               provisions for employees with a pay range
               prefixed by the letter "M"; and amending
               Section 2.78.030 to remove sick leave
               provisions for employees with a pay range
               prefixed by the letter "M".
               (PASSED, 6-0; #19976)
               Fact Sheet (94K)

21)  13-161    Approving a Real Estate Sales Agreement
               between the City of Lincoln and Habitat
               for Humanity Inc. for the sale of City
               owned property generally located at 1427
               N. 25th St. for an amount of $20,000.00.
               (PASSED, 6-0; #19977)
               Fact Sheet (62K)
               Attachment (827K)

22)  13-162    Authorizing the issuance of tax allocation
               bonds with a total not to exceed the amount
               of $8,116,515 for the City of Lincoln,
               Block 68 Redevelopment Project in Greater
               Downtown Lincoln. 
               (MTA #1 ACCEPTING SUBSTITUTE ORDINANCE
               ADOPTED,6-0;PASSED AS AMENDED,6-0; #19978)
               Motion To Amend (140K)

23)  13-163    Change of Zone 13025 - Application of
               Advanced Chiropractic Solutions for a
               change of zone from R-2 Residential
               District to R-T Residential Transition
               District, on property generally located
               at the northeast corner of S. 10th St.
               and High St.(Related Items: 13-163,
               13R-290) (PASSED, 6-0; #19979)
               Fact Sheet (1188K)

24)  13R-290   Use Permit 13010 - Application of
               Advanced Chiropractic Solutions to
               develop approx. 4,700 sq. ft. of
               office/medical space, with a request
               to waive the required front yard
               setbacks on property generally
               located at the northeast corner of
               S. 10th St. and High St.(Related
               Items: 13-163, 13R-290)(Action
               Date: 1/6/13)(ADOPTED, 6-0; A-88024)
               Fact Sheet (2454K)

25)  13-164    Approving a Real Estate Sales Agreement
               between the City of Lincoln and Two Vista,
               LLC for the sale of approx. 1.32 acres of
               City owned property generally located at S.
               67th St. and Pioneers Blvd. for an amount of
               $387,275.00. (PASSED, 6-0; #19980)
               Fact Sheet (70K)
               Attachment (1804K)


"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 26 THROUGH 35 HAD 1ST READING)


26)  14-1      Creating a Maintenance Business Improvement
               District for the maintenance, repair and
               reconstruction of certain public facilities
               and improvements within the area generally
               located along the west line of Outlot C,
               West Haymarket Addition from approximately
               K Street on the south,  north to N Street
               and continuing north along the center line of
               Pinnacle Arena Drive to approximately 9th
               and 10th Streets, thence south to R Street,
               thence west to 7th Street, thence south to O
               Street, thence east to 8th Street, thence
               south to the alley south of N Street, thence
               west to the east line of Outlot C, West
               Haymarket Addition, to be known as the West
               Haymarket/Downtown Maintenance Business
               Improvement District (WHM Maintenance BID)
               and providing for special assessments to be
               imposed within the district.
               Fact Sheet (7K)
               Attachment (2392K)

27)  14-2      Creating a Management Business Improvement
               District for the purpose of providing work
               and improvement programs within the area
               roughly bounded by Pinnacle Arena Drive on
               the west and north, North 10th Street on
               the east, and Q, R and N Streets on the south
               to be known as the West Haymarket/Downtown
               Management Business Improvement District
               (WHM Management BID) and providing for special
               assessments to be imposed within the district.
               Fact Sheet (8K)
               Attachment (1863K)

28)  14-3      Creating a Core Management Business
               Improvement District for the purpose of
               providing work and improvement programs
               within the area generally bounded by
               Pinnacle Arena Drive on the west and north,
               North 8th and North 9th Streets on the east,
               and O and N Streets on the south, to be
               known as the West Haymarket/Downtown Core
               Management Business Improvement District
               (WHM Core BID) and providing for special
               assessments to be imposed within the district.
               Fact Sheet (7K)
               Attachment (2206K)

29)  14-4      Amending Section 2.76.400 of the Lincoln
               Municipal Code relating to Leaves of Absence
               Without Pay to include provisions for a
               temporary loss of funding.
               Fact Sheet (37K)

30)  14-5      Amending the pay schedules of employees
               whose classifications are assigned to
               the pay range prefixed by the letters X,
               M and E by changing the Class Titles of
               Personnel Clerk, Personnel Coordinator
               and Personnel Operations Specialist to
               Human Resources Clerk, Human Resources
               Coordinator and Human Resources Specialist.
               Fact Sheet (36K)

31)  14-6      Amending the pay schedules of employees
               whose classifications are assigned to the
               pay range prefixed by the letter N to delete
               the classification of Fire Air Technician.
               Fact Sheet (42K)

32)  14-7      Amending the pay schedules of employees
               whose classifications are assigned to the
               pay range F (IAFF) to add the classification
               of Fire Air Technician.
               Fact Sheet (57K)

33)  14-8      Change of Zone 13026   Application of Hoppe
               Brothers, LLC for a change of zone from B-4
               Lincoln Center Business District to B-4
               Lincoln Center Business District PUD on
               property generally located at S. 21st St. and
               N St. for a Planned Unit Development District
               designation of said property; and for approval
               of a mixed use development including residential
               and commercial uses, with modifications to the
               Design Standards, Zoning Ordinance, and Land
               Subdivision Ordinance.
               Fact Sheet (6479K)

34)  14-9      Change of Zone 13027   Application of Lincoln
               Parks and Recreation for a change of zone from
               P Public Use District to P Public Use District
               with Landmark Overlay to designate the Muny
               Building, generally located at 23rd and N Sts.,
               as a landmark.
               Fact Sheet (3918K)    
               Attachment (963K)

35)  14-10     Amending Title 28 of the Lincoln Municipal
               Code by adding a new Chapter 28.03, Regulations
               for Post Construction Stormwater Management.
               Fact Sheet (14K)


RESOLUTIONS - 1ST READING (ITEMS 36 THROUGH 62 HAD 1ST READING)

36)  14R-1     Approving an Interlocal Service Agreement
               between the City of Lincoln and the Board
               of Regents of the University of Nebraska
               for development of online food handler
               training programs.
               Fact Sheet (61K)
               Attachment (497K)

37)  14R-2     Approving an Interlocal Service Agreement
               between the City of Lincoln and the University
               of Nebraska-Lincoln Office of Online and
               Distance Education to provide the online
               portal for online food handler and city
               alcohol server/seller training programs
               and the associated technical support.
               Fact Sheet (61K)
               Attachment (518K)

38)  14R-3     Approving an Agreement between the City of
               Lincoln on behalf of the Lincoln-Lancaster
               County Health Department and the City of
               Waverly, Nebraska, to update the existing
               agreement for providing health regulation
               inspection and enforcement within the
               corporate limits of the City of Waverly.
               Fact Sheet (60K)
               Attachment (582K)

39)  14R-4     Approving an Agreement between the City
               of Lincoln on behalf of the Lincoln-Lancaster
               County Health Department and the Village of
               Malcolm, Nebraska, to update the existing
               agreement for providing health regulation
               inspection and enforcement within the corporate
               limits of the Village of Malcolm.  
               Fact Sheet (60K)
               Attachment (609K)

40)  14R-5     Approving an Agreement between the City 
               of Lincoln on behalf of the Lincoln-Lancaster
               County Health Department and the City of
               Hickman, Nebraska, to update the existing
               agreement for providing health regulation
               inspection and enforcement within the
               corporate limits of the City of Hickman.     
               Fact Sheet (62K)
               Attachment (532K)

41)  14R-6     Approving Small Town Bar Inc. dba Roadhouse
               Bar & Grill as a Keno satellite site at
               1501 Center Park Rd.
               Fact Sheet (78K)

42)  14R-7     Amending the Nebraska Innovation Campus
               Redevelopment Agreement to expand the Phase
               I Project Area to accommodate construction
               of a new Greenhouse Complex.
               Fact Sheet (50K)
               Attachment (2999K)

43)  14R-8     Approving an Agreement between the City of
               Lincoln, on behalf of the Lincoln-Lancaster
               County Health Department, and the Village
               of Firth, Nebraska for health regulation
               inspection and enforcement within the Village
               of Firth.
               Fact Sheet (60K)
               Attachment (529K)

44)  14R-9     Approving a Service Agreement between the
               City of Lincoln, on behalf of the Lincoln-
               Lancaster County Health Department, and
               Lincoln Public Schools to allow the use of
               LPS facilities for emergency mass clinic
               operations.
               Fact Sheet (47K)
               Attachment (240K)

45)  14R-10    Appointing Cameya Ramirez-Rousseau to the
               Citizen Police Advisory Board for a term
               expiring November 17, 2014.
               Attachment (82K)

46)  14R-11    Appointing Rebecca Garrett-Ferguson to the
               Police and Fire Pension Plan Investment
               Board for a term expiring September 1, 2017.
               Attachment (92K)

47)  14R-12    Reappointing Micheal Q. Thompson to the
               Human Rights Commission for a term expiring
               December 31, 2016.

48)  14R-13    Appointing Cindy Rempe to the Air Pollution
               Control Advisory Board for a term expiring
               September 1, 2016.  
               Attachment (85K)

49)  14R-14    Approving a Service Agreement between the
               City of Lincoln and Bryan College of Health
               Sciences for clinical training at Easterday
               Recreation Center for public health students
               for a two year term. 
               Fact Sheet (122K)
               Attachment (615K)

50)  14R-15    Approving an Interlocal Agreement between
               the City of Lincoln, Lancaster County and
               the Nebraska Department of Administrative
               Services for printing services  and
               subsequent mailing services for a two
               year term.
               Fact Sheet (129K)
               Attachment (148K)

51)  14R-16    Approving a LPA Program Agreement between
               the City of Lincoln and the Nebraska Dept.
               of Roads for the use of Federal Surface
               Transportation Program Funds for preliminary
               engineering, construction and construction
               engineering for the 17th/A, 17th/D and
               17th/Washington traffic signal replacements.
               (State Project No. LCLC-5227(8), CN 13261).
               Fact Sheet (60K)
               Attachment (1738K)

52)  14R-17    Approving a LPA Program Agreement between
               the City of Lincoln and the Nebraska Dept.
               of Roads for the use of Federal Surface
               Transportation Program Funds for preliminary
               engineering, construction and construction
               engineering of the A Street/ Regency signal
               replacement. (State Project No. LCLC-5220(5),
               CN 13262).
               Fact Sheet (60K)
               Attachment (2174K)

53)  14R-18    Approving a LPA Program Agreement between
               the City of Lincoln and the Nebraska Dept.
               of Roads for the use of Federal Surface
               Transportation Program Funds for preliminary
               engineering, construction and construction
               engineering of the 48th/Calvert and
               56th/Calvert signal replacement. (State
               Project No. LCLC-5239
               (10), CN 13260).
               Fact Sheet (60K)
               Attachment (1885K)

54)  14R-19    Approving an Agreement between the City
               of Lincoln and Lancaster County to allow
               for a joint crack sealing contract on
               S. 70th St. from Rokeby Rd. to Yankee
               Hill Rd.
               Fact Sheet (58K)
               Attachment (1004K)

55)  14R-20    Approving a LPA Program Agreement between
               the City of Lincoln and the Nebraska Dept.
               of Roads for the use of Federal Surface
               Transportation Program Funds for preliminary
               engineering, construction and construction
               engineering of the 48th/Hwy. 2 signal
               replacement. (State Project No.LCLC-5239(9),
               CN 13253).
               Fact Sheet (65K)
               Attachment (2081K)

56)  14R-21    Approving a Funding Agreement between the
               City and the Nebraska Dept. of Roads for
               relocation of existing waterline facilities
               related to improvements at the intersection
               of U.S. Hwy. 6 (W. O St.) and S.W. 40th
               St. (Project No. HSIP-6-6(161), CN 13093).
               Fact Sheet (59K)
               Attachment (1292K)

57)  14R-22    Approving an Agreement between the City
               of Lincoln and Watershed Investment
               Consultants, Inc. to provide investment
               consulting services regarding the Police
               and Fire Pension for a three year term
               expiring December 31, 2016.
               Fact Sheet (125K)
               Attachment (337K)

58)  14R-23    Urban Design Review 13066 - Appeal of
               Donald J. Arena from the Planning Director's
               denial of a waiver of Downtown Design
               Standards to waive the required windows
               on the north facade and the requirement
               prohibiting stucco on the lower 20 feet
               of the facade, on property generally
               located at 1823 O Street.
               Fact Sheet (722K)

59)  14R-24    Use Permit 13011 - Application of Brehm
               Enterprises, Inc. to develop 50,200 sq.
               ft. of commercial space, with a request to
               waive the required front yard setbacks for
               buildings and parking lots along Russwood
               Parkway and College Park Drive, on property
               generally located N. 84th St. and O St.
               Fact Sheet (3936K)
               Attachment (82K)

60)  14R-25    Accepting the report of new and pending
               claims against the City and approving
               disposition of claims set forth for the
               period of December 1 - 31, 2013.
               Fact Sheet (7K)
               Attachment (22K)

61)  14R-26    Approving appropriations in the amount
               of $140,000.00 from the operation of keno
               lottery funds for various human services
               (round 38) and allocating $1,000.00 to the
               2014 H.S. Emergency Fund and $50,000.00 to
               Year 1 of the Adult Recidivism Reduction
               Project for a total of $191,000.00.
               Attachment (170K)

62)  14R-27    Amending the City of Lincoln Drainage
               Criteria Manual by replacing Chapter 8 with
               new provisions for the purposes of providing
               requirements and criteria to manage water
               quality from rainfall amounts to diminish
               adverse impacts to health, safety and
               welfare of the citizens of Lincoln. 
               Fact Sheet (13K)
               Attachment (1111K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST  (EXTENDED ONE WEEK)

63)  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

64)  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)


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
     JANUARY, WILL BE HELD ON JAN. 13TH & 27TH


ADJOURNMENT     3:41 P.M.


UPCOMING HEARINGS

     Hearing Date of Monday, Jan. 13, 2014, at 3:00 p.m. for Board of
     Equalization Meeting Special Assessment Group I.

     Hearing date of Monday, Jan. 13, 2014 at 3:00 for the Application
     of Cereus Snowbirds, LLC dba Bodega's Alley for a Class C Liquor
     License located at 1418 O St.

                                 ***
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 5 City-TV, Cable
                             Channel 5.
                                 ***
   The City Council Agenda and Action Sheet may be accessed on the
                 Internet at: lincoln.ne.gov
                                

City Council
Meetings