City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
BOARD OF EQUALIZATION: IMMEDIATELY PRECEDING THE REGULAR CITY
COUNCIL MEETING, THE CITY COUNCIL CONVENED TO EQUALIZE THE
ASSESSMENTS FOR BOARD OF EQUALIZATION, GROUP I
SEWER DISTRICT #1187
(APPROVED, 5-0; CAMP, COOK ABSENT)
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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 27, 2014 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP & COOK
THERE WILL BE NO CITY COUNCIL MEETING, MON., FEBRUARY 17, 2014
DUE TO THE PRESIDENT'S DAY HOLIDAY
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) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the
City Council on January 6,2014.
(PLACED ON FILE)
2) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the
City Council on January 13, 2014.
(PLACED ON FILE)
3) Lincoln Electric System December 2013
Financial & Operating Statement (preliminary).
(PLACED ON FILE)
4) Lincoln Electric System Rate Schedules
and Service Regulations for Rates
Effective January 1, 2012.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
5) Setting the hearing date of Mon.,
February 10, 2014 at 3 p.m. on the
Application of Garage Sports Bar &
Grill Inc. dba Garage Sports Bar &
Grill to expand their existing beer
garden from 14' x 64' to 21' x 64'
on the southwest side of the building
at 5551 S. 48th St. (ADOPTED, 5-0;
A-88057)
6) Setting the hearing date of Mon.,
February 10, 2014 at 3 p.m. on the
Application of Temenay Corp dba Mum's
Liquor for a Class D Liquor License
at 2202 O St. (ADOPTED, 5-0; A-88058)
7) Setting the hearing date of Mon.,
February 10, 2014 at 3 p.m. on the
Application of Nebraska Entertainment
Inc dba Lincoln Grand Cinema for a
Class I Liquor License at 1101 P St.
(ADOPTED, 5-0; A-88059)
8) REFERRED TO THE PLANNING DEPTARTMENT
Special Permit No. 1753C - Requested
by ESP, Inc. for an amendment to the
Vavrina Meadows 1st Addition Community
Unit Plan, to increase the number of
multi-family dwelling units from 364
units to 376 units, including a request
to reduce the front yard setback from
25 feet to 20 feet, on property generally
located at South 14th Street and Yankee
Hill Road.
Special Permit No. 985A - Requested
by Bryan and Jennifer Thomas for an
amendment to the Kess Kove Community
Unit Plan, to add one lot for one
additional residential dwelling unit,
with a waiver to grading and paving
in South 60th Street,on property
generally located at South 60th Street
and Kess Drive.
9) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 13085 to
Special Permit No. 1303C, The Preserve
at Cross Creek First Addition Community
Unit Plan, approved by the Planning
Director on January 9, 2014, requested
by Land II, LLC, to adjust the lot sizes
for Phase 1, on property generally
located at S. 63rd Street. and Roca Road.
Administrative Amendment No. 13084 to
Special Permit No. 1013J, Trade Center
Planned Service Commercial Center,
approved by the Planning Director on
January 13, 2014, requested by Verizon
Wireless, to allow accessory buildings
with the 50 foot setback (but no closer
than 20 feet to a lot line), on property
generally located near S. 56th St. and
Old Cheney Rd.
10) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
11) Application of TDP Phase Two, LLC dba
Hyatt Place Lincoln Haymarket for a
Class C liquor license at 600 Q Street.
(ADOPTED FOR APPROVAL, 5-0; A-88060)
12) Manager application of David Wheaton
for TDP Phase Two, LLC dba Hyatt Place
Lincoln Haymarket at 600 Q Street.
(ADOPTED FOR APPROVAL, 5-0; A-88061)
13) Application of TDP Phase Two, LLC dba
Hyatt Place Lincoln Haymarket for a
Class E Entertainment District liquor
license at 600 Q Street. (ADOPTED FOR
APPROVAL, 5-0; A-88062)
14) Application of Empyrean Brewing Co.
for a Class L liquor license at
300 S. 7th Street. (ADOPTED FOR
APPROVAL, 5-0; A-88063)
15) Manager application of James C.
Engelbart for Empyrean Brewing Co.
at 300 S. 7th Street. (ADOPTED
FOR APPROVAL, 5-0; A-88064)
16) Application of Hergert Oil Co. dba
Super C for a Class D liquor license
at 501 West A Street. (ADOPTED FOR
APPROVAL, 5-0; A-88065)
17) Manager application of Joel B.
Larson for Hergert Oil Co. dba Super
C at 501 West A Street. (ADOPTED
FOR APPROVAL, 5-0; A-88066)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
(as required)
NONE
PUBLIC HEARING - RESOLUTIONS
18) 14R-28 Approving a Contract Agreement between
the City of Lincoln and Sapp Bros.
Petroleum, Inc. for the annual supply
of Fuel for StarTran for a two year
term with the option to renew for
one additional two year term.
(ADOPTED, 5-0; A-88067)
Fact Sheet (228K)
Attachment (5271K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS
(as required)
19) 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. (PASSED, 5-0; #19981)
Fact Sheet (7K)
Attachment (2392K)
20) 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. (PASSED, 5-0; #19982)
Fact Sheet (8K)
Attachment (1863K)
21) 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.
(PASSED, 5-0; #19983)
Fact Sheet (7K)
Attachment (2206K)
22) 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. (PASSED, 5-0;
#19984)
Fact Sheet (37K)
23) 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 Operations
Specialist. (MTA#1 ADOPTED, 5-0; PASSED AS
AMENDED, 5-0; #19985)
Fact Sheet (36K)
Motion To Amend (6K)
24) 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. (PASSED, 5-0; #19986)
Fact Sheet (42K)
25) 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.
(PASSED, 5-0; #19987)
Fact Sheet (57K)
26) 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.
(PASSED, 5-0; #19988)
Fact Sheet (6479K)
27) 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.
(PASSED, 5-0; #19989)
Fact Sheet (3918K)
Attachment (963K)
28) 14-10 Amending Title 28 of the Lincoln Municipal
Code by adding a new Chapter 28.03,
Regulations for Post Construction Stormwater
Management. (MTA #1 TO ACCEPT SUBSTITUTE ORDINANCE
14-10S ADOPTED, 5-0; HELD OVER ONE WEEK TO 02/03/14
DUE TO LACK OF REQUIRED MAJORITY VOTE; ASSENTING:
EMERY, ESKRIDGE, GAYLOR BAIRD; DISSENTING:
CHRISTENSEN, FELLERS; ABSENT: CAMP, COOK)
Fact Sheet (14K)
Motion To Amend (51K)
"Ordinances - 1st Reading" & "Resolutions - 1st Reading" are
on Agenda for Advance Notice Only
Public Hearing will occur on Second Reading
ORDINANCES - 1ST READING & RELATED RESOLUTIONS
(as required) (ITEMS 29 THRU 32 HAD 1ST READING)
29) 14-12 Change of Zone 13028 - Application of
Lincoln Countryhouse III, LLC for a
change of zone from P Public Use District
to R-3 Residential District on property
generally located at South 70th Street
and O Street.
Fact Sheet (1886K)
30) 14-13 Annexation No. 13004 - Amending the
Lincoln Corporate Limits Map by
annexing approximately 15.81 acres
generally located at Highway 2 and
Ashbrook Drive.(Related Items: 14-13,
14-14 & 14R-44)
Fact Sheet (2259K)
Attachment (471K)
31) 14-14 Change of Zone No. 13020 - Application
of Livingston Investments for a change
of zone from AGR Agricultural Residential
District to R-4 Residential on property
generally located at Highway 2 and
Ashbrook Drive. (Related Items: 14-13,
14-14 & 14R-44)
Fact Sheet (2261K)
32) 14R-44 Special Permit No. 13043 - Approving
the application of Livingston Investments
to develop the Broadmoor Ashbrook Apartments
Community Unit Plan to allow up to 220
dwelling units with requested waivers of
the required block length and building height
on property generally located at Highway 2
and Ashbrook Drive.(Related Items: 14-13,
14-14 & 14R-44)
Fact Sheet (11895K)
Fact Sheet (14534K)
Attachment (109K)
RESOLUTIONS - 1ST READING (ITEMS 33 THRU 50 HAD 1ST READING)
33) 14R-29 Approving a Contract Agreement between
the City of Lincoln, Lancaster County
and the Lincoln-Lancaster County Public
Building Commission and Midlands Recycling,
LLC for the annual requirements for
Recyclable Collection Services, pursuant
to Bid No. 13-304, for a four year term
with the option to renew for one additional
four year term. (Consent)
Fact Sheet (125K)
Attachment (11202K)
34) 14R-30 Approving Taverns & Bars, LLC dba Sun
Valley Bar & Grill as a Keno satellite
site at 300 West P Street.
Fact Sheet (93K)
35) 14R-31 Approving the use of public right-of-way
for the installation of fiber optic cable
and water supply for heated/cooled water
lines in Lincoln Mall between 11th and
12th Street.
Fact Sheet (12K)
Attachment (400K)
36) 14R-32 Approving a Contract Agreement between
the City of Lincoln and SMG and Carbonhouse
for Website Hosting Services at Pinnacle
Bank Arena, pursuant to RFP Bid No. 13-343,
for a three year term with the option to
renew for three additional one year terms.
Fact Sheet (122K)
Attachment (6145K)
37) 14R-33 Approving an Agreement between the City
of Lincoln on behalf of the Lincoln-Lancaster
County Health Department and the Village
of Hallam, Nebraska to provide health
regulation inspection and enforcement
within the corporate limits and the zoning
jurisdiction of the Village of Hallam.
Fact Sheet (60K)
Attachment (553K)
38) 14R-34 Approving an Agreement between the City
of Lincoln on behalf of the Lincoln-Lancaster
County Health Department and the Village
of Roca, Nebraska to provide health regulation
inspection and enforcement within the
corporate limits and the zoning jurisdiction
of the Village of Roca.
Fact Sheet (59K)
Attachment (400K)
39) 14R-35 Approving an Agreement between the City of
Lincoln on behalf of the Lincoln-Lancaster
County Health Department and the Village
of Sprague, Nebraska to provide health
regulation inspection and enforcement within
the corporate limits and the zoning
jurisdiction of the Village of Sprague.
Fact Sheet (60K)
Attachment (552K)
40) 14R-36 Reappointing Jim Cada, Mike Donlan,
Steve Guittar, Laurie Lage, Jose J. Soto
and Diane Walkowiak to the Charter
Revision Commission for terms expiring
September 28, 2017. (Consent)
41) 14R-37 Appointing Jason Hellbusch to the
StarTran Advisory Board for a term
expiring October 20, 2016.(Consent)
Attachment (88K)
42) 14R-38 Appointing Brendan J. Moore to the
Veterans Memorial Garden Advisory
Council for a term expiring November
1, 2015. (Consent)
Attachment (82K)
43) 14R-39 Reappointing C.M. "Beech" Dale, Keith E.
Fickenscher and Dan G. Petersen to the
Veterans Memorial Garden Advisory Council
for terms expiring November 1, 2016.
(Consent)
44) 14R-40 Reappointing Martin Kasl, R.J. Lippert
and Mark N. Long to the Fire Sprinkler
and Chemical Examining Board for terms
expiring November 24, 2016. (Consent)
45) 14R-41 Comp. Plan Conformance 13016 - Approving
an amendment to the Lincoln Center
Redevelopment Plan to add the "Case, Case,
and Case Redevelopment Project" for
renovation of the existing residential
structure, improve the facade and to
make streetscape improvements on the
property generally south of P Street
Between S. 14th Street and Centennial
Mall North.
Fact Sheet (1957K)
Attachment (1821K)
46) 14R-42 Comp. Plan Conformance 13017 - Approving
an amendment to the North 27th Street
Corridor and Environs Redevelopment Plan
to add the "Hartley Flats Redevelopment
Project" to construct a thirteen dwelling
unit building with 10 garage spaces and
13 parking stalls on property generally
located at the southeast corner of North
27th Street and S Street.
Fact Sheet (1533K)
Attachment (1738K)
47) 14R-43 Comp. Plan Conformance 13018 - Approving
the proposed "Piedmont Redevelopment Plan"
for renovation and redevelopment of the
currently developed service station and
Piedmont Shops neighborhood shopping
center generally located at the northeast
corner of South 50th Street and South
Cotner Boulevard.
Fact Sheet (414K)
Attachment (9167K)
48) 14R-45 Accepting the report of new and pending
claims against the City and approving
disposition of claims set forth for the
period of January 1-15, 2014.
Fact Sheet (7K)
Attachment (23K)
49) 14R-46 Approving a fee for a hazardous materials
response service performed by Lincoln Fire
and Rescue in the amount of $1,494.00 per
hour for a Level 1 hazardous materials
incident response and $1,229.00 per hour
for a Level 2 hazardous materials incident
response pursuant to Section 2.20.170 of
the Lincoln Municipal Code.
Fact Sheet (102K)
50) 14R-47 Appointing Brett Ebert to the Charter
Revision Commission for a term expiring
September 28, 2017.(Consent)
Attachment (80K)
PENDING LIST - DATE CERTAIN
51) 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.(1/13/14 - P.H. Cont'd
& Action Delayed to 2/3/14)
Fact Sheet (722K)
PENDING LIST (EXTENDED ONE WEEK)
52) 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
53) 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 6:04 P.M.
***
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 and streamed live at lincoln.ne.gov.
***
The City Council Agenda and Action Sheet may be accessed on the
Internet at: lincoln.ne.gov
***
ACCOMMODATION NOTICE
The City of Lincoln complies with Title VI of the Civil Rights Act of 1964 and
Section 504 of the Rehabilitation Act of 1973 guidelines. Ensuring the public's access
to and participating in public meetings is a priority for the City of Lincoln. In the
event you are in need of a reasonable accommodation in order to attend or participate
in a public meeting conducted by the City of Lincoln, please contact the Director of
Equity and Diversity, Lincoln Commission on Human Rights, at (402) 441-7624 as soon as
possible before the scheduled meeting date in order to make your request.