City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 3, 2014 AT 3:00 P.M.
ALL MEMBERS PRESENT - COOK ARRIVED LATE
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) 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.
(ADOPTED, 6-0; ABSENT: COOK; A-88068)
Fact Sheet (125K)
Attachment (11202K)
2) 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.
(ADOPTED, 6-0; ABSENT: COOK; A-88069)
3) 14R-37 Appointing Jason Hellbusch to the StarTran
Advisory Board for a term expiring
October 20, 2016.
(ADOPTED, 6-0; ABSENT: COOK; A-88070)
Attachment (88K)
4) 14R-38 Appointing Brendan J. Moore to the Veterans
Memorial Garden Advisory Council for a term
expiring November 1, 2015.
(ADOPTED, 6-0; ABSENT: COOK; A-88071)
Attachment (82K)
5) 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.
(ADOPTED, 6-0; ABSENT: COOK; A-88072)
6) 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.
(ADOPTED, 6-0; ABSENT: COOK; A-88073)
7) 14R-47 Appointing Brett Ebert to the Charter
Revision Commission for a term expiring
September 28, 2017.
(ADOPTED, 6-0; ABSENT: COOK; A-88074)
Attachment (80K)
8) Report from City Treasurer of City Cash
on hand at the close of business
December 31, 2013.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
9) Setting the hearing date of Mon.,
February 24, 2014 on the Application
of Penelope's Lil Caf? Inc dba Penelope's
Lil Caf? for a Class I Liquor License at
4724 Pioneers Blvd.
(ADOPTED, 6-0; ABSENT: COOK; A-88075)
10) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS - NONE
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
(ITEMS 11 THRU 14 HAD 2ND READING)(as required)
11) 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)
12) 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)
13) 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)
14) 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)
PUBLIC HEARING - RESOLUTIONS
15) 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)(MTA #1 TO ACCEPT SUB.
RESOLUTION ADOPTED, 7-0; ADOPTED AS AMENDED,
7-0; A-88076)
Fact Sheet (722K)
Motion To Amend (60K)
16) 14R-30 Approving Taverns & Bars, LLC dba Sun
Valley Bar & Grill as a Keno satellite
site at 300 West P Street.
(ADOPTED, 7-0; A-88077)
Fact Sheet (93K)
17) 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. (ADOPTED, 7-0; A-88078)
Fact Sheet (12K)
Attachment (400K)
18) 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.
(ADOPTED, 7-0; A-88079)
Fact Sheet (122K)
Attachment (6145K)
19) 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.
(ADOPTED, 7-0; A-88080)
Fact Sheet (60K)
Attachment (553K)
20) 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. (ADOPTED, 7-0; A-88081)
Fact Sheet (59K)
Attachment (400K)
21) 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.
(ADOPTED, 7-0; A-88082)
Fact Sheet (60K)
Attachment (552K)
22) 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.
(ADOPTED, 7-0; A-88083)
Fact Sheet (1957K)
Attachment (1821K)
Attachment (2007K)
23) 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. (ADOPTED, 7-0; A-88084)
Fact Sheet (1533K)
Attachment (1738K)
24) 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. (ADOPTED, 7-0; A-88085)
Fact Sheet (414K)
Attachment (9167K)
25) 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.
(ADOPTED, 7-0; A-88086)
Fact Sheet (7K)
Attachment (23K)
26) 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.
(ADOPTED, 7-0; A-88087)
Fact Sheet (102K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS
(as required)
27) 14-10 Amending Title 28 of the Lincoln Municipal
Code by adding a new Chapter 28.03,
Regulations for Post Construction Stormwater
Management. (1/27/14 - Due to lack of
majority vote, automatic carryover to 2/3/14)
(PASSED, 5-2; ASSENTING: CAMP, COOK, EMERY,
ESKRIDGE, GAYLOR BAIRD; DISSENTING:
CHRISTENSEN, FELLERS; #19990)
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
(ITEMS 28 THRU 30 HAD 1ST READING)(as required)
28) 14-15 Change of Zone No. 13029 - Application
of US Properties for a change of zone
from AGR Agricultural Residential District
to H-3 Highway Commercial District on
property generally located at Eiger Drive
and Nebraska Highway 2.
(Related Items: 14-15, 14R-48)
Fact Sheet (2736K)
29) 14R-48 Special Permit No. 13060 - Application
of Silver Office - Oakview LLC to allow
a campground for 13 camp sites on property
generally located at Eiger Drive and
Nebraska Highway 2.
(Related Items: 14-15, 14R-48)
Fact Sheet (2814K)
30) 14-16 Rededication of vacated Crestdale Road
as public right-of-way.
Fact Sheet (7K)
Attachment (668K)
RESOLUTIONS - 1ST READING (ITEMS 31 THRU 35 HAD 1ST READING)
31) 14R-49 Special Permit/Use Permit No. 8C -
Application of A Street, LLC, to allow
an approximately 12,400 square foot
expansion of an existing health care
facility and to modify the required
parking ratio for doctors' offices on
property generally located at South
70th Street and A Street.
Fact Sheet (2207K)
32) 14R-50 Amending the second year (2013-14) of
the six year CIP for Parks and Recreation
Department/West Adams/Cornhusker Highway
and I-180 Corridors project to identify
an appropriation of $2.5 million and
change the funding source from Other
Financing to Lease Purchase Funding.
(Related Items: 14R-50, 14R-52)
Fact Sheet (7K)
33) 14R-52 Declaring the official intent of the
City of Lincoln,Nebraska to reimburse
certain expenses from the proceeds of
City of Lincoln, Nebraska Certificates
of Participation in connection with
acquisition and installation of
materials and equipment for (a) sidewalks,
(b) fiber optic network installations and
expansions, and (c) improvements to West
Adams/Cornhusker Highway and I-180 Corridor.
(Related Items: 14R-50, 14R-52)
34) 14R-51 Approving the purchase of property
located at South 29th and A Streets
from the Lincoln Parks Foundation for
a purchase price of $248,750 with a
funding source from the Advance Land
Acquisition Fund.
Fact Sheet (192K)
35) 14R-53 Approving a Contract Agreement between
the City of Lincoln and Windstream
Communications for the annual requirements
for Internet Service Provider Services,
pursuant to Bid No. 14-016, for a four
year term with the option to renew for
one additional four year term.
Fact Sheet (148K)
Attachment (3642K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
36) 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
37) 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 FEBRUARY, OPEN MICROPHONE SESSIONS WILL BE HELD ON
FEB. 10TH & 24TH.
ADJOURNMENT 5:44 P.M.
UPCOMING HEARINGS
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.
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.
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.
***
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
***
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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
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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.