City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 14, 2014 AT 3:00 P.M.
MAYOR'S AWARD OF EXCELLENCE
FOR THE MONTH OF MARCH, 2014
WAS PRESENTED TO FRED EHRLICH
EQUIPMENT OPERATOR I, PARKS SW DISTRICT DIVISION
OF THE PARKS & RECREATION DEPARTMENT
IN THE CATEGORIES OF CUSTOMER RELATIONS AND PRODUCTIVITY
RECENT AWARDS TO CITY PROJECTS FROM THE
COMMERCIAL REAL ESTATE SUMMIT AND
AMERICAN PLANNING ASSOCIATION
AWARDED TO PINNACLE BANK ARENA, MAYOR CHRIS BEUTLER
AND THE LOWER PLATTE SOUTH NATURAL RESOURCE DISTRICT
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-94 Reappointing Todd Fitzgerald to the Parks and
Recreation Advisory Board for a term expiring April 27,
2015. (ADOPTED, 6-0; A-88169)
2) 14R-95 Reappointing James Crook to the Parks and Recreation
Advisory Board for a term expiring April 27, 2016.
(ADOPTED, 6-0; A-88170)
3) 14R-96 Reappointing Bradley Brandt, Susan Deitchler, Anne B.
Pagel and Jeffrey E. Schwebke to the Parks and
Recreation Advisory Board for terms expiring April 27,
2017. (ADOPTED, 6-0; A-88171)
4) 14R-97 Appointing Angok Alwir to the Multicultural Advisory
Committee for a term expiring September 18, 2015.
(ADOPTED, 6-0; A-88172)
Attachment (112K)
5) 14R-98 Reappointing Vance Behrens to the Building Code Board
of Appeals for a term expiring April 1, 2017.
(ADOPTED, 6-0; A-88173)
6) 14R-99 Appointing Greg Shinaut to the Building Code Board of
Appeals for a term expiring April 1, 2017.
(ADOPTED, 6-0; A-88174)
Attachment (122K)
7) 14R-100 Reappointing Dr. Jacquelyn Miller to the Lincoln-
Lancaster County Board of Health for a term expiring
April 15, 2017. (ADOPTED, 6-0; A-88175)
8) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
February 28, 2014. (ADOPTED, 6-0; A-88176)
9) Request of Public Works to Set the Hearing Date of
Monday, April 28, 2014, at 5:30 p.m. and place on the
formal City Council Agenda the following:
14-29 Provide authority to create and order
constructed a Water District in H Street from
26th to 27th Street. (APPROVED, 6-0)
10) Clerk's Letter and Mayor's Approval of Resolutions and
Ordinances passed by the City Council on March 31,
2014. (PLACED ON FILE)
11) Affidavit of Mailing for Board of Equalization -
College View Business Improvement District.
(PLACED ON FILE)
12) Affidavit of Mailing for Board of Equalization -
Havelock Business Improvement District.
(PLACED ON FILE)
13) Affidavit of Mailing for Board of Equalization - North
27th Street Business Improvement District.
(PLACED ON FILE)
14) Affidavit of Mailing for Board of Equalization - South
Street Business Improvement District. (PLACED ON FILE)
15) Affidavit of Mailing for Board of Equalization -
University Place Business Improvement District.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
16) Setting the Hearing Date of Monday, April 28, 2014 at
5:30 p.m. on the application of James Arthur Vineyards
dba James Arthur Vineyards for a Class YK (Restricted
Farm Winery Outlet) at 803 Q Street. (ADOPTED, 6-0;
A-88177)
17) Setting the hearing date of Monday, April 28, 2014 at
5:30 p.m. for the application of Andy's Express, LLC
dba Andy's Express for a Class D liquor license located
at 8511 S. 33rd Street. (ADOPTED, 6-0; A-88178)
18) Setting the hearing date of Monday, April 28, 2014 at
5:30 p.m. for the manager application of Dana Post for
Gokie Enterprises, Inc. dba Fast Mart located at 6835
N. 27th Street. (ADOPTED, 6-0; A-88179)
19) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 14012 to Special
Permit No. 544, Glenbrook Townhomes, approved by the
Planning Director on April 1, 2014, requested by Ron
Rogers, to add a community building on property
generally located at Portia St. and Knox St.
20) REFERRED TO PLANNING DEPARTMENT:
Change of Zone No. 14004 - Requested by Mike and
Carla Wachal, from AGR Agricultural Residential District
to H-4 General Commercial District on property generally
located at the northwest corner of the intersection of
South 70th Street and Pine Lake Road.
Change of Zone No. 14005 - Requested by the
Director of Planning, from AG Agricultural District to
R-3 Residential District on property generally located
at South 88th Street and Pioneers Boulevard.
Special Permit No. 14003 - Requested by Mike and
Carla Wachal for a Planned Service Commercial special
permit to allow mini- warehousing and approximately
20,000 square feet of office floor area on property
generally located at the northwest corner of South 70th
Street and Pine Lake Road.
21) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
22) Application of Blue Blood Brewing Company, Inc. dba
Blue Blood Brewing Company for the addition of a
catering license to its Class L liquor license at 500
W. South Street, Suite 8. (ADOPTED FOR APPROVAL, 6-0;
A-88180)
23) Application of LBR Investments, LLC dba The Normandy
for a Class I liquor license at 2785 S. 17th Street.
(ADOPTED FOR APPROVAL, 6-0; A-88181)
24) Manager application of Renee L. deVilliers for LBR
Investments, LLC dba The Normandy at 2785 S. 17th
Street. (ADOPTED FOR APPROVAL, 6-0; A-88182)
25) Application of MSKDJ, Inc. dba Schillingbridge Cork &
Tap House for a Class CK liquor license at 575
Fallbrook Boulevard, Suite 109. (ADOPTED FOR APPROVAL,
6-0; A-88183)
26) Manager application of Dallas M. Schilling for MSKDJ,
Inc. dba Schillingbridge Cork & Tap House at 575
Fallbrook Boulevard, Suite 109. (ADOPTED FOR APPROVAL,
6-0; A-88184)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
27) 14R-89 Authorizing the transfer of an amount not to exceed
$70,000 from the Fast Forward Fund to the Airport
Entryway Corridor Improvement Project for installation
of a right-turn lane into the west plant entrance to
the Zoetis facility at 601 West Cornhusker Highway.
(ADOPTED, 6-0; A-88185)
Fact Sheet (148K)
28) 14R-90 Approving the Recreational Trails Program Project
Agreement between the City of Lincoln and the Nebraska
Game and Parks Commission for a Recreational Trails
Program Project grant to renovate the Billy Wolff Trail
between Randolph and 27th Streets. (ADOPTED, 6-0;
A-88186)
Fact Sheet (105K)
Attachment (1337K)
29) 14R-91 Accepting the report of new and pending claims against
the City and approving disposition of claims set forth
for the period of March 16-31, 2014. (ADOPTED, 6-0;
A-88187)
Fact Sheet (7K)
Attachment (19K)
30) 14R-101 Approving an Interlocal Cooperation Agreement between
the City of Lincoln and the governing boards of Public
Safety Answering Points in the counties of Cass,
Fillmore, Gage, Jefferson, Johnson, Lancaster, Nemaha,
Otoe, Pawnee, Richardson, Saline, Seward, Thayer and
York to establish a Southeast 911 governing committee
for coordinated regional 911 communications
capabilities for a two year term. (ADOPTED, 6-0;
A-88188)
Fact Sheet (17K)
Attachment (234K)
31) 14R-102 Application of Bison, Inc. for use of public
right-of-way to construct a portion of a loading dock
ramp on the northwest corner of South 6th and L Street.
(ADOPTED, 6-0; A-88189)
Fact Sheet (12K)
Attachment (1680K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
32) 14-27 Vacation No. 14001 - Vacating the north-south
alley and the connection thereto between North
14th Street and Centennial Mall North. (3/24/14 -
Action Delayed 2 Weeks to 4/7/14) (4/7/14 - Action
Delayed 1 week to 4/14/14) (ACTION DELAYED ONE
WEEK TO 04/21/14, 5-1; EMERY DISSENTING)
Fact Sheet (1117K)
Motion To Amend (22K)
33) 14-30 Amending Chapter 9.30 of the Lincoln Municipal
Code, Donation Boxes, to remove requirements for
permits, ownership by charities or use of a
prescribed portion of proceeds for charitable
purposes, and requiring certain informational
disclosures. (3/31/14 - 2nd Reading Cont'd with
Public Hearing to 4/7/14) (MTA #2 ADOPTED, 6-0;
MTA #3 ADOPTED, 6-0; MTA #1 ACCEPTING SUBSTITUTE
ORDINANCE ADOPTED, 5-1; CAMP DISSENTING; SUBSTITUTE
ORDINANCE PASSED AS AMENDED, 5-1; CAMP DISSENTING;
#20006)
Fact Sheet (8K)
Motion To Amend (72K)
34) 14-32 Approving a contract between the City and Lincoln
Haymarket Development Corp. to operate and
regulate a Saturday public market in the Haymarket
area, 7th Street from P to Q Streets; P Street
from 7th to 8th Streets; Q Street from 7th to
Canopy Streets; and under the Canopy along Canopy
Street from P to Q Streets from May 3, 2014
through October 11, 2014 and on 8th Street from P
to Q Streets from May 3, 2014 through August 23,
2014. (PASSED, 6-0; #20007)
Fact Sheet (160K)
Attachment (3969K)
35) 14-33 Repealing Chapter 5.54 of the Lincoln Municipal
Code relating to Trampoline Centers as the
provisions and requirements of this Chapter are
obsolete. (PASSED, 6-0; #20008)
Fact Sheet (7K)
36) 14-34 Amending Chapter 8.38 of the Lincoln Municipal
Code relating to Public Swimming Pools to adopt
updated standards for design, construction and
operation of public swimming pools and spa
facilities. (Related Items: 14-34, 14R-84,
14-35) (PASSED, 6-0; #20009)
Fact Sheet (479K)
37) 14R-84 Adopting the Lincoln Operational and Management
Standards for Public Swimming Pools pursuant to
Lincoln Municipal Code Section 8.38.050.
(Related Items: 14-34, 14R-84, 14-35)
(Action Date: 4/14/14) (ADOPTED, 6-0; A-88190)
Fact Sheet (65K)
Attachment (978K)
38) 14-35 Repealing Chapter 8.40 of the Lincoln Municipal
Code relating to Spa Facilities as spa facilities
will now be regulated under revised Lincoln
Municipal Code Chapter 8.38, Public Swimming
Pools. (Related Items: 14-34, 14R-84, 14-35)
(PASSED, 6-0; #20010)
Fact Sheet (43K)
39) 14-36 Comp. Plan Conformance No. 14004 - Declaring
approximately 0.46 acres of property generally
located between Antelope Valley Parkway and South
20th Street as surplus property. (Related
Items: 14-36, 14-37) (PASSED, 6-0; #20011)
Fact Sheet (2147K)
40) 14-37 Vacation No. 14002 - Vacating 20th Street between
K and L Streets, and the east/west alley between
Antelope Valley Parkway and South 20th Street.
(Related Items: 14-36, 14-37) (PASSED, 6-0;
#20012)
Fact Sheet (1869K)
41) 14-38 Authorizing the City to enter into a lease-
purchase transaction with Union Bank and Trust
Company to (1) purchase and install light poles
and related equipment in newly developed areas and
rebuild and relocate street lights in established
areas; (2) repair and replace approximately 2,800
sidewalk sections within the City; and (3)
construct streetscape enhancements and related
costs for an entryway corridor to the City.
(PASSED, 6-0; #20013)
42) 14-39 Approving an Agreement between the City of Lincoln
and USCOC of Greater Iowa, LLC for PCS Tower and
Appurtenances to locate a communication facility
on property generally located at 5500 W. Superior.
(PASSED, 6-0; #20014)
Fact Sheet (17K)
Attachment (1386K)
RESOLUTION - FOR ACTION ONLY
43) 14R-87 Approving a Contract Agreement between the City of
Lincoln and Nifco Mechanical Systems, Inc. for the
annual requirements for Inspection, Testing and
Maintenance of Sprinkler Alarm System and Backflow
Preventers, pursuant to Bid No. 14-034, for a four year
term. (4/7/14 - Action Delayed 1 week to 4/14/14)
(ADOPTED, 6-0; A-88191)
Fact Sheet (161K)
Attachment (4231K)
"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 44 THRU 46 HAD 1ST READING)
44) 14-41 Change of Zone 14003 - Application of B&J
Partnership for a change of zone from H-3 Highway
Commercial District to I-1 Industrial District, on
property generally located at North 31st Street
Circle and Cornhusker Highway.
Fact Sheet (345K)
45) 14-42 Street Name Change 14001 - Renaming Transformation
Drive as North 21st Street and Renewable Drive as
Transformation Drive located in Nebraska
Innovation Campus Addition.
Fact Sheet (808K)
46) 14-43 Approving a Commercial Net Ground Lease for Site
No. 2850 in Lincoln Air Park West between the City
of Lincoln and Airport Authority of the City of
Lincoln for the lease of 80 acres of property
located in Air Park West for a 30 year term with
the option to renew for one additional 10 year
term.
Fact Sheet (48K)
Attachment (2397K)
RESOLUTIONS - 1ST READING (ITEMS 47 AND 48 HAD 1ST READING)
47) 14R-92 Approving the Amended and Restated Management and
Maintenance Contract for West Haymarket and Downtown
Business Improvement Districts between the City of
Lincoln and Downtown Lincoln Association.
Attachment (499K)
48) 14R-93 Approving the Amended 2013-2014 Maintenance and
Management BID Budgets and Program of Work for the
Downtown Lincoln Association Program to reflect the
additional costs for the Downtown Lincoln Association
to perform the work within the newly created West
Haymarket/Downtown Maintenance, Management and Core
Management Business Improvement Districts.
Fact Sheet (33K)
Attachment (569K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
49) 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
50) 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)
51) 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) (2/10/14 - Placed on
Pending, No Date Certain)
Fact Sheet (2736K)
52) 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) (2/10/14 - Placed on Pending, No Date
Certain)
Fact Sheet (2814K)
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 APRIL, OPEN MICROPHONE SESSIONS WILL BE HELD
ON APRIL 14TH & 28TH.
ADJOURNMENT 4:10 P.M.
UPCOMING HEARINGS -
Hearing Date of Monday, April 28, 2014 at 5:30 p.m. on the North
27th Street Maintenance Improvement District, the University
Place Maintenance Improvement District, the South Street
Maintenance Improvement District, the Havelock Maintenance
Improvement District and the College View Maintenance Improvement
District.
Hearing date of Monday, April 21, 2014 at 3:00 p.m. for the
Manager Application of Michael Behrens II for Granite City
Restaurant Operations, Inc. dba Granite City Food & Brewery at
6150 O Street.
***
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 Timewarner Digital Cable Channel 5 or Basic Cable
Channel 71-14 and it is 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.