City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
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