City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 15, 2014 AT 5:30 P.M.
THERE WILL BE NO CITY COUNCIL MEETINGS THE WEEKS OF
DECEMBER 22ND & DECEMBER 29TH DUE TO THE HOLIDAYS
ALL MEMBERS PRESENT EXCEPT CAMP
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-306 Approving a Contract Agreement between the City of
Lincoln, Lancaster County, the Lincoln-Lancaster County
Public Building Commission, and Executive Answering
Service for the annual requirements for Telephone
Answering Services, pursuant to Bid No. 14-236, for a
four year term with the option to renew for one
additional four year term. (ADOPTED, 6-0; A-88690)
Fact Sheet (69K)
Attachment (2924K)
2) Resolution levying the assessments approved by the City
Council sitting as the Board of Equalization on December 8, 2014
and setting the interest rate on those assessments for the Costs
of the Improvements in the Downtown Business Improvement District,
the Core Business Improvement District Overlay, the Downtown
Maintenance District, the West Haymarket/downtown Management
Business Improvement District, the West Haymarket/downtown
Maintenance Business Improvement strict, and the West
Haymarket/downtown Core Management Business improvement
District Overlay. (ADOPTED, 6-0; A-88691)
3) Report from City Treasurer of City Cash on hand at the
close of business October 31, 2014. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) Setting the hearing date of Mon., Jan 5, 2015 at 3:00
p.m. for the Manager Application of Karen Bruyette for
Whitemark Energy LLC dba as U-Stop #26 at 8350 Northwoods.
(ADOPTED, 6-0; A-88692)
5) Setting the hearing date of Mon., Jan 5, 2015 at 3:00
p.m. for the Application of Hy-Vee Inc. dba
Hy-Vee Restaurant for a Class IK Liquor License at
5020 N 27th St. (ADOPTED, 6-0; A-88693)
6) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 14091 to Special
Permit No. 872G, Firethorn CUP, approved by the Acting
Planning Director on December 5, 2014, requested by
Olsson Associates, to include an enclosed driving range
hitting bay, on property generally located southwest
of the intersection of Montello Road and Firethorn
Lane.
7) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
8) Application of Big Red Tacos LLC dba Fuzzy's Taco Shop
for a Class C liquor license at 1442 O Street. (ADOPTED
FOR APPROVAL, 6-0; A-88694)
9) Manager application of Christeen M. Jackson for Big Red
Tacos LLC dba Fuzzy's Taco Shop at 1442 O Street. (ADOPTED
FOR APPROVAL, 6-0; A-88695)
10) Application of Copal Inc. dba Copal for a Class I
liquor license at 4747 Pioneers Boulevard.
(ADOPTED FOR APPROVAL, 6-0; A-88696)
Attachment (195K)
11) Manager application of Romulo Vega Jr. for Copal Inc.
dba Copal at 4747 Pioneers Boulevard.
(ADOPTED FOR APPROVAL, 6-0; A-88697)
12) Application of Parker's Rib Ranch Inc. dba Parker's
Smokehouse for a change of location of their existing
Class IK liquor license from 6440 O Street to 8341 O
Street. (ADOPTED FOR APPROVAL, 6-0; A-88698)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 13 THRU 25 HAD 2ND READING, SEE ITEMS 13 - 17 & 23)
13) 14-159 Approving the Annexation Agreement for Rokeby Road
Coalition between Union Bank & Trust Company, Rokeby
Holdings, Ltd., the Catholic Bishop of Lincoln, Carlton
W. Talcott, Milton L. and Carol A. Talcott, SSAR, LLC,
Calruby, LLC, Fred H. and Janet L. Smith, Charles J.
and June N. Marquardt, Lincoln Federal Bancorp, Inc.,
Milton L. Talcott, Trustee and Carol A. Talcott,
Trustee, Talcott Land & Cattle, Inc., Milton L.
Talcott, Trustee, and the City of Lincoln, Nebraska for
the phased development and annexation of property
generally located north and south of Rokeby Road from
70th Street to 98th Street. (Related Items: 14-159,
14R-313, 14R-309, 14-153, 14-154)
(CON'T P.H. & ACTION THREE WEEKS TO 1/5/15, 6-0)
Fact Sheet (11K)
Attachment (3267K)
14) 14R-313 Approving Amendment No. 4 to the Woodlands at Yankee
Hill Conditional Annexation and Zoning Agreement
between Lewis-Starostka, Inc., 3AP-SE, LLC, Midwest Net
Lease Investors-SE, LLC, R.C. Krueger Development Co.,
Double D Land Company, LLC, Calruby, LLC, and the City
of Lincoln, Nebraska to allow the City to assume
responsibility for construction of Yankee Hill Road
from 70th Street to 84th Street and to pay for
engineering already completed by the Owners.
(Related Items: 14-159, 14R-313, 14R-309, 14-153,
14-154) (Action Date: 1/5/15)
(CON'T P.H. & ACTION THREE WEEKS TO 1/5/15, 6-0)
Fact Sheet (11K)
Attachment (401K)
15) 14R-309 Comp. Plan Amendment 14004 - Amending the 2040
Lincoln-Lancaster County Comprehensive Plan by
changing the Future Land Use Plan designation from
"Residential-Urban Density" to "Commercial" on
property generally located in the Rokeby Road and
South 84th Street area; from "Commercial" to
"Residential-Urban Density" on property generally
located southeast of Rokeby Road and South 70th
Street; to modify the location of a future bike trail
between Yankee Hill Road, Rokeby Road, South 70th
Street, and South 84th Street; and to relocate a
Neighborhood Center designation from southeast of
South 70th Street and Rokeby Road to South 84th Street
and Rokeby Road. (Related Items: 14-159, 14R-313,
14R-309, 14-153, 14-154) (Action Date: 1/5/15)
(CON'T P.H. & ACTION THREE WEEKS TO 1/5/15, 6-0)
Fact Sheet (5027K)
16) 14-153 Annexation 14004 - Amending the Lincoln Corporate
Limits Map by annexing approximately 27 acres of
property generally located at South 70th Street and
Rokeby Road. (Related Items: 14-159, 14R-313, 14R-
309, 14-153, 14-154)
(CON'T P.H. & ACTION THREE WEEKS TO 1/5/15, 6-0)
Fact Sheet (6400K)
Attachment (582K)
17) 14-154 Change of Zone 14017 - Application of Rokeby Holdings,
LLC for a change of zone from AG Agricultural District
to R-3 Residential District on property generally
located at South 70th Street and Rokeby Road.
(Related Items: 14-159, 14R-313, 14R-309, 14-153,
14-154) (CON'T P.H. & ACTION THREE WEEKS TO 1/5/15, 6-0)
Fact Sheet (6294K)
18) 14-155 Approving a cable television franchise agreement for a
15 year term between the City of Lincoln and Windstream
Nebraska, Inc. to provide cable television services and
products to the citizens of Lincoln.
Fact Sheet (136K)
Attachment (116K)
19) 14-156 Approving a Conduit System Lease Agreement for a ten
year term between the City of Lincoln and Windstream
Nebraska, Inc. to occupy space in the City's Lincoln
Technology Improvement District conduit system pursuant
to the terms and conditions in the Agreement.
Fact Sheet (10K)
Attachment (1565K)
20) 14-157 Approving a Conduit System Lease Agreement for a ten
year term between the City of Lincoln and CenturyLink
Communications, LLC to occupy space in the City's Lincoln
Technology Improvement District conduit system pursuant
to the terms and conditions in the Agreement.
Fact Sheet (10K)
Attachment (3899K)
21) 14-158 Approving a Conduit System Lease Agreement for a 25
year term between the City of Lincoln and the Board of
Regents of the University of Nebraska to occupy space
in the City's Lincoln Technology Improvement District
conduit system pursuant to the terms and conditions in
the Agreement.
Fact Sheet (10K)
Attachment (5287K)
22) 14-160 Authorizing the issuance of tax allocation bonds with a
total not to exceed the amount of $7 million for the
City of Lincoln, Aspen Heights Redevelopment Project in
Greater Downtown Lincoln. (Related Items: 14-160,
14R-314,14R-315)
23) 14R-314 Approving the Aspen Heights Redevelopment Project
Redevelopment Agreement between Breckenridge Group
Lincoln Nebraska, LLC, and the City of Lincoln relating
to the redevelopment of property generally bounded by Q
Street, O Street, 17th Street, and Antelope Valley
Parkway. (Related Items: 14-160, 14R-314, 14R-
315) (RULES WAIVED TO HAVE ACTION ON THIS DATE,
6-0; ADOPTED, 6-0; A-88699)
Fact Sheet (11K)
Attachment (7592K)
24) 14R-315 Amending the FY 14/15 CIP to authorize and appropriate
$7 million in TIF funds for the Aspen Heights
Redevelopment Project on property generally located
between Q Street, O Street, 17th Street, and Antelope
Valley Parkway. (Related Items: 14-160, 14R-314,
14R-315)
Fact Sheet (11K)
25) 14-161 Approving the First Amendment and Restatement of
Conditional Annexation and Zoning Agreement between
Southwood Lutheran Church, Meridian Corporation,
Sundance, LLC, and the City of Lincoln, Nebraska to
revise provisions regarding the timing for the design,
grading, and construction of roads, water, and sanitary
sewer infrastructure and the responsibility for funding
such costs on property generally located at South 40th
Street and Rokeby Road.
Fact Sheet (11K)
Attachment (438K)
Motion To Amend (211K)
PUBLIC HEARING - RESOLUTIONS
26) 14R-292 Comp. Plan Conformance 14022 - Approving an amendment
to the Antelope Valley Redevelopment Plan to add the
"23rd & O Street Project" to rehabilitate and expand an
existing retail building for a health clinic on
approximately two acres of property generally located
at 2301 O Street and the adjacent rights-of-way.
(11/24/14 - P.H. & Action cont'd for 2 weeks to
12/8/14) (12/08/14 - P.H. & Action cont'd for 1
week to 12/15/14) (ADOPTED, 6-0; A-88700)
Fact Sheet (6M)
Attachment (3M)
27) 14R-305 Approving an amendment to the Annexation Agreement
between the City of Lincoln and Country Meadows
Homeowners Association, Inc. regarding the
reconstruction of roadways within the Country Meadows
Subdivision. (ADOPTED, 6-0; A-88701)
Fact Sheet (57K)
Attachment (688K)
28) 14R-307 Approving a contract between the City of Lincoln and
Continuum Employee Assistance Training Consulting for
employee assistance program services for a three-year
period from January 1, 2015 through December 31, 2017.
(ADOPTED, 6-0; A-88702)
Fact Sheet (56K)
Attachment (378K)
29) 14R-308 Approving an Agreement between the City of Lincoln and
Western Pathology Consultants, Inc. for drug and
alcohol testing services for the period of January 1,
2015 through December 31, 2017. (ADOPTED, 6-0; A-88703)
Fact Sheet (46K)
Attachment (1276K)
30) 14R-310 Approving Holt Enterprises LLC dba Paul's Pub as a Keno
satellite site at 5250 Cornhusker Highway.
(ADOPTED, 6-0; A-88704)
Fact Sheet (37K)
31) 14R-311 Accepting the report of new and pending claims against
the City and approving disposition of claims set forth
for the period of November 1 - 30, 2014.
(ADOPTED, 6-0; A-88705)
Fact Sheet (10K)
Attachment (26K)
32) 14R-312 A resolution to establish the Mayor's base salary at
$83,000 for 2015/16 and thereafter to adjust the base
salary by the CPI-U for each succeeding year.
(ADOPTED, 6-0; A-88706)
Fact Sheet (61K)
33) 14R-316 Assessing the costs incurred for cutting, clearing and
removing weeds against the various benefitted
properties for the period of January 1, 2014 through
December 31, 2014. (ADOPTED, 6-0; A-88707)
Attachment (2655K)
34) 14R-317 Approving a Contract Agreement between the City of
Lincoln and Gillig Corporation for the annual supply of
Transit Bus Transmission Rebuild - StarTran, pursuant
to Bid No. 14-205, for a two year term with the option
to renew for one additional two year term.
(ADOPTED, 6-0; A-88708)
Fact Sheet (68K)
Attachment (4771K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as
required)
35) 14-148 Approving a Real Estate Sales Agreement between the
City of Lincoln and Anderson Homes, Inc. authorizing
the sale of four lots of City owned surplus property
generally located at 2601, 2531, 2521, and 2511 NW 52nd
Street. (PASSED, 6-0; #20118)
Fact Sheet (84K)
Attachment (3M)
36) 14-149 Text Amendment 14015 - Repealing Section 27.67.075 of
the Lincoln Municipal Code relating to Parking in the
Capitol Environs District to allow the parking in the
Capitol Environs District to be determined by the
underlying zoning district. (PASSED, 6-0; #20119)
Fact Sheet (5M)
37) 14-150 Text Amendment 14016 - Amending Section 27.62.140 of
the Lincoln Municipal Code relating to the Heavy
Commercial Services Use Group to allow mini-warehouses
as a conditional use in the B-5 Planned Regional
Business District. (PASSED, 6-0; #20120)
Fact Sheet (3M)
38) 14-151 Amending the chapter title of Lincoln Municipal Code
Chapter 2.28 as "Human Resources Department" and
amending Sections 2.28.010, 2.28.020, and 2.28.030 of
the Lincoln Municipal Code to redesignate the Personnel
Department as the Human Resources Department and the
Personnel Director as the Human Resources Director.
Fact Sheet (10K)
(PASSED, 6-0; #20121)
39) 14-152 Repealing Chapter 5.44 of the Lincoln Municipal Code,
("Sidewalks Snow Removal and Cleaning Businesses")
relating to permits for operating motor-powered snow
removal or sidewalk cleaning equipment on sidewalks
within the city. (PASSED, 6-0; #20122)
Fact Sheet (10K)
RECONSIDERATION FOR A TECHNICAL CORRECTION
40) 14R-278 Adopting the Lincoln Electric System Annual Budget for
2015 to become effective January 1, 2015. (Action:
12/08/14) (12/08/14 - Adopted, 7-0; A-88689)
(RECONSIDERED, 6-0; MTA #1 TO SPLIT THE QUESTION INTO A
RESOLUTION AND AN ORDINANCE, ADOPTED, 6-0; MTA TO REPLACE
CURRENT RESOLUTION WITH AMENDED RESOLUTION, 6-0; ADOPTED
AS AMENDED, 6-0; A-88689; ORDINANCE PASSED, 6-0; #20123)
Fact Sheet (103K)
Attachment (2256K)
Motion To Amend (1468K)
"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 41 THRU 43 HAD 1ST READING)
41) 14-162 Amending Chapter 8.14 of the Lincoln Municipal Code to
eliminate the requirement for school age child care
programs to be regulated under LMC 8.14.
Fact Sheet (66K)
42) 14-163 Amending Chapter 24.38 of the Lincoln Municipal Code to
update the Onsite Wastewater Treatment Systems and
adopt State regulations. (Related Items: 14-163,
14R-318)
Fact Sheet (51K)
43) 14-164 Approving a Real Estate Purchase Agreement between the
City of Lincoln and TR Novak, LLC for the sale of City
owned property generally located at 5255 N.W. 12th
Street.
Fact Sheet (107K)
Attachment (2305K)
RESOLUTIONS - 1ST READING (ITEMS 44 & 45 HAD 1ST READING)
44) 14R-318 Rescinding the City of Lincoln Design Standards 4.10,
Operation and Maintenance of Onsite Wastewater
Treatment Systems. (Related Items: 14-163,
14R-318) (Action Date: 1/12/15)
Fact Sheet (47K)
Attachment (835K)
45) 14R-319 Approving a Construction Engineering Agreement
Supplement No. 1 and Supplement No. 2 between the City
of Lincoln and Kirkham Michael and Associates, Inc. for
Consultant compensation for construction engineering
related for the Jamaica Trail North Phase 2 Federal Aid
Project (State Project No. ENH-55(160), CN 12879).
Fact Sheet (79K)
Attachment (545K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED THREE WEEKS, SEE ITEM #46)
46) 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)
(WITHDRAWN, 6-0; #38-4654)
Fact Sheet (13K)
Attachment (134K)
47) 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 (2M)
48) 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 (2M)
49) 14R-155 Approving an Interlocal Master Facility Use Agreement
between Lincoln Public Schools and the City of Lincoln
establishing an equitable method for sharing costs
associated with shared use of facilities managed by
each of the parties. (6/9/14 - Public Hearing &
Action cont'd 2 weeks to 6/23/14) (6/23/14 - Placed on
Pending, No Date Certain (to have cont'd P.H.))
Fact Sheet (70K)
Attachment (872K)
50) 14-75 Approving a Lease Agreement between the City of
Lincoln and Lobo's City Mex, Inc. for the lease of
property generally located at 344 N. 27th St. for
a two year term. (6/30/14 - Held over 2 weeks
to 7/14/14 due to lack of required majority vote;
Assenting: Emery, Eskridge, Fellers; Dissenting:
Camp, Christensen; Absent: Cook, Gaylor Baird)
(7/14/14 - Action Delayed 1 Week to 7/21/14)
(7/21/14 - Placed on Pending, No Date Certain)
Fact Sheet (115K)
Attachment (866K)
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 DECEMBER, OPEN MICROPHONE SESSIONS WILL BE
HELD ON DECEMBER 8TH & 15TH.
ADJOURNMENT 8:06 P.M.
***
The Lincoln City Council meetings at 3 p.m. Mondays except for
holidays. One meeting a month, usually the last one, begins at 5:30
p.m. All meetings are aired live on 5 CITY-TV. They are re-aired on
Saturdays at 1 p.m. Time Warner Cable (TWC) customers with a digital
cable box or digital adapter can watch the meetings on TWC channel 5.
If your television has a built-in digital cable tuner (QAM), you will
find the meetings on channel 71.14. The meetings are also streamed
live on the Internet and available later through video-on-demand at
lincoln.ne.gov (click on the 5 CITY-TV icon).
***
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.