City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 28, 2017 AT 5:30 P.M.
DUE TO THE LABOR DAY HOLIDAY, THERE WILL NOT BE A CITY COUNCIL
MEETING ON MONDAY, SEPTEMBER 4, 2017
ALL MEMBERS PRESENT
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) 17R-206 Reappointing Debra McGuire and Lucas Sabalka to the Air
Pollution Advisory Board for terms expiring September
1, 2020. (ADOPTED, 7-0; A-90640)
2) 17R-207 Reappointing Rebecca Garrett-Ferguson to the Police and
Fire Pension Plan Investment Board for a term expiring
September 1, 2022. (ADOPTED, 7-0; A-90641)
3) 17R-208 Appointing Yingxiao Song to the Telecommunication/Cable
Television Advisory Board for a term expiring July 1,
2020. (ADOPTED, 7-0; A-90642)
Attachment (290K)
4) 17R-209 Appointing Cristy Joy to the Lincoln-Lancaster County
Planning Commission for a term expiring September 24,
2019. (ADOPTED, 7-0; A-90643)
Attachment (1159K)
5) 17R-210 Appointing Vickie McDonald to the Board of Zoning Appeals
for a term expiring February 1, 2019. (ADOPTED, 7-0;
A-90644)
Attachment (134K)
6) Clerk's Letter and Mayor's Approval of Resolution and
Ordinances passed by City Council on August 7, 2017.
(PLACED ON FILE)
7) Clerk's Letter and Mayor's Approval of Resolution and
Ordinances passed by City Council on August 14, 2017.
(PLACED ON FILE)
8) Lincoln Electric System Financial & Operating Statement
for the month of July, 2017. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
9) Setting the hearing date of Monday, September 11, 2017
at 3:00 p.m. on the Application of Costco Wholesale
Corp. dba Costco Wholesale #1285 for a Class D Liquor
License at 1620 Pine Lake Road. (ADOPTED, 7-0; A-90645)
10) Setting the hearing date of Monday, September 18, 2017
at 3:00 p.m. on the Application of TMAI & JPHAM
Investment Group LLC dba 12th Street Pub for a Class
CK Liquor License at 100 N 12th Street. (ADOPTED,
7-0; A-90646)
11) Setting the hearing date of Monday, September 18, 2017
at 3:00 p.m. on the Application of Lagniappe 9 LLC dba
Red Fox Westside Grille for a Class I Liquor License at
1339 West O Street. (ADOPTED, 7-0; A-90647)
12) Setting the hearing date of Monday, September 18, 2017
at 3:00 p.m. on the Application of Steve O's Lounge
LLC dba Steve O's Lounge for an addition of an area
measuring approx. 56' x 20' to the licensed premise at
110 West Fletcher Avenue. (ADOPTED, 7-0; A-90648)
13) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 17048, to Final Plat No.
17038, Silverhawk Estates, approved by the Planning
Director on August 17, 2017, to acknowledge the Affidavit
of Surveyor to correct typographical errors on Silverhawk
Estates Final Plat, generally located at S. 54th Street
and Wittstruck Road.
Administrative Amendment No. 17044, to Preliminary Plat
No. 16008, Southwest Village Heights, approved by the
Planning Director on August 18, 2017, to modify the grading
minimum opening elevations around the detention cells in
Outlots B and C, generally located at W. Amaranth Lane and
South Folsom Street.
14) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT:
Change of Zone No. 16063A Requested by Wilderness Hills,
LLC, amending the Wilderness Hills Commercial Planned
Unit Development to add motorized vehicle sales and
repair/service, early childhood care facilities, academies,
and private schools as allowed uses, with a waiver to
side yard setbacks, on property generally located at the
southeast corner of 27th Street and Yankee Hill Road.
Change of Zone No. 17020 Requested by Lancaster County
Board of Commissioners, from P (Public District) to R4
(Residential District) with landmark overlay, on property
generally located at 2202 South 11th Street.
Special Permit No. 17029 ? Requested by David B.
Stirtz, to allow for an exception to the maximum height
permitted in the R 8 Residential District, to allow for
a church bell tower, on property generally located at
1213 H Street.
Special Permit No. 17030 Requested by Lancaster County
Board of Commissioners, to foster preservation of the
former Saint Elizabeth Hospital Nurses Home (Trabert Hall)
by permitting its utilization for offices or dwelling
units, or for some mix thereof, under the provisions of
Section 27.63.400 of the City of Lincoln Zoning Ordinance,
on generally located at 2202 South 11th Street.
Text Amendment No. 17012 Requested by David and Cynthia
Wood, amending Chapter 27.72 of the Lincoln Municipal Code
relating to the zoning ordinance height and lot
regulations by amending Section 27.72.120 to provide that
an accessory building attached to the main building by an
unenclosed deck or walkway shall not be considered part of
the main building and subject to the height and yard
requirements of the main building; and repealing Section
27.72.120 of the Lincoln Municipal Code as hitherto existing.
15) MISCELLANEOUS REFERRALS - NONE.
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
16) Application of Global Warming, Inc. dba The Mill for a
Class CK liquor license at 330 South 21st Street.
(ADOPTED FOR APPROVAL, 7-0; A-90649)
CK License approval letter
17) Manager Application of Tamara S. Sloan for Global
Warming, Inc. dba The Mill at 330 South 21st
Street. (ADOPTED FOR APPROVAL, 7-0; A-90650)
18) Application of Global Warming, Inc. dba The Mill to
expand its Class C liquor license by the addition of
Suite 1300 measuring approximately 47 feet by 42 feet
including outside area measuring approximately 28 feet
by 9 feet at 2021 Transformation Drive, Suite 1350.
(ADOPTED FOR APPROVAL, 7-0; A-90651)
19) Manager Application of Jeffrey S. Buntgen for MMG
Nebraska F&B, Inc. dba Chili's Grill & Bar at 6730
South 27th Street. (ADOPTED FOR APPROVAL, 7-0; A-90652)
20) Manager Application of Joseph J. Raimi for HopCat
Lincoln, LLC dba HopCat at 601 P Street.
(ADOPTED FOR APPROVAL, 7-0; A-90653)
21) Application of Rhinodynamics, Inc. dba Duffy's Tavern
for a special designated license to cover an outdoor
area measuring approximately 80 feet by 60 feet at 1412
O Street on September 24, 2017 between noon and 2:00
a.m. (ADOPTED FOR APPROVAL, 7-0; A-90654)
Special Event
22) Application of Rhinodynamics, Inc. dba Duffy's Tavern
for a special designated license to cover an outdoor
area measuring approximately 130 feet by 80 feet at
1412 O Street on September 28, 29, & 30, 2017 between
8:00 a.m. and 2:00 a.m. (ADOPTED FOR APPROVAL, 7-0;
A-90655)
Special Event
PUBLIC HEARING - RESOLUTIONS
23) 17R-214 Accepting the report of new and pending claims against
the City and approving disposition of claims set forth
for the period of August 1-15, 2017. (MTA #1 ADOPTED,
7-0; MTA #2 ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0;
A-90656)
Fact Sheet (30K)
Attachment (59K)
24) 17R-213 Authorizing the Parks & Recreation Department's
submittal of an application for financial aid to the
Nebraska Game and Parks Commission's Recreational
Trails Program for replacement of the Wilderness Park
South Bridge over Salt Creek, approximately 1/2 mile
north of Saltillo Road. (ADOPTED, 7-0; A-90657)
Fact Sheet (693K)
Attachment (2688K)
25) 17R-215 Authorizing the transfer of balances plus accrued
interest in the amount of $861,707.00 from Antelope
Valley Bond Surplus/Reserve, Account 102013.9220 to
Lincoln Parks Foundation Trago Park Endowment.
(ADOPTED, 7-0; A-90658)
Fact Sheet (279K)
26) 17R-212 A resolution to increase Unused Restricted Funds
Authority by 1% per Neb. Rev. Stat. Sec. 13-519(2).
(LOST, 4-3; AYES: ESKRIDGE, GAYLOR BAIRD,
RAYBOULD, SHOBE; NAYS: CAMP, CHRISTENSEN, LAMM; 38-4683)
(6 VOTES WERE REQUIRED TO ADOPT)
Fact Sheet (284K)
27) 17R-211 Amending the 2016-2018 City of Lincoln Biennial
Operating Budget for the 2017-2018 fiscal year.
(MTA #4 ADOPTED, 7-0; ADOPTED AS AMENDED, 5-2;
AYES: CHRISTENSEN, ESKRIDGE, GAYLOR BAIRD, RAYBOULD,
SHOBE; NAYS: CAMP, LAMM; A-90659)
Fact Sheet (311K)
Attachment (658K)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS - NONE
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS
28) 17-120 Ordinance authorizing and providing for the issuance of
not to exceed $5,325,000 aggregate stated principal
amount of general obligation stormwater refunding bonds
of the City of Lincoln, Nebraska. (PASSED, 7-0; #20530)
29) 17-121 Ordinance authorizing and providing for the issuance of
not to exceed $15,300,000 aggregate stated principal
amount of sanitary sewer refunding bonds of the City of
Lincoln, Nebraska. (PASSED, 7-0; #20531)
30) 17-122 Ordinance authorizing the City of Lincoln, Nebraska to
enter into a lease-purchase transaction with Union Bank
and Trust Company, Lincoln, Nebraska for the
acquisition of street lights for the City.
(PASSED, 4-3; AYES: ESKRIDGE, GAYLOR BAIRD, RAYBOULD,
SHOBE; NAYS: CAMP, CHRISTENSEN, LAMM; #20532)
31) 17-123 Approving the close out of completed construction
projects and transfer of unspent appropriations and
cash (if any) from various projects to projects where
additional funding is needed within the Public Works &
Utilities Department and the Parks & Recreation
Department. (PASSED, 7-0; #20533)
Fact Sheet (243K)
32) 17-102 Amending Chapter 2.76 of the Lincoln Municipal Code
relating to Personnel System by amending Section
2.76.040 Definitions to clarify language regarding
what constitutes a promotion for employees.
(PASSED, 7-0; #20534)
Fact Sheet (197K)
33) 17-103 Amending Chapter 2.76 of the Lincoln Municipal Code
relating to Personnel System by amending Section
2.76.370 Authorized Holidays to amend language
regarding Personal Holiday increments.
(PASSED, 7-0; #20535)
Fact Sheet (207K)
34) 17-104 Amending the pay schedules for certain employee groups
by adjusting the pay range schedules for employees
whose classifications are assigned to the pay ranges
prefixed by the letter "E" to be effective August 24,
2017. (PASSED, 7-0; #20536)
Fact Sheet (200K)
Attachment (1078K)
35) 17-105 Amending the pay schedules for certain employee groups
by adjusting the pay range schedules for employees
whose classifications are assigned to the pay ranges
prefixed by the letter "W" to be effective August 24,
2017. (PASSED, 7-0; #20537)
Fact Sheet (201K)
Attachment (506K)
36) 17-111 Amending the pay schedule for the "X" classifications
to delete the classifications of "Legal Secretary I",
"Employment Clerk", and "Benefits Clerk".
(PASSED, 7-0; #20538)
Fact Sheet (195K)
37) 17-106 Amending the pay schedules for certain employee groups
by adjusting the pay range schedules for employees
whose classifications are assigned to the pay ranges
prefixed by the letter "X" to be effective August 24,
2017. (PASSED, 7-0; #20539)
Fact Sheet (200K)
38) 17-107 Ordinance revising and simplifying the Excluded "X" pay
plan. (PASSED, 7-0; #20540)
Fact Sheet (192K)
Attachment (1022K)
39) 17-112 Amending the pay schedules for certain employee groups
by adjusting the pay range schedules for "P"
classifications to be effective August 24, 2017.
(PASSED, 7-0; #20541)
Fact Sheet (235K)
Attachment (157K)
40) 17-113 Amending the pay schedules for certain employee groups
by adjusting the pay range schedules for "N"
classifications to be effective August 24, 2017.
(PASSED, 7-0; #20542)
Fact Sheet (234K)
Attachment (3385K)
41) 17-114 Amending the pay schedules for certain employee groups
by adjusting the pay range schedules for "A"
classifications to be effective August 24, 2017.
(PASSED, 7-0; #20543)
Fact Sheet (232K)
Attachment (2462K)
42) 17-115 Amending the pay schedules for certain employee groups
by adjusting the pay range schedules for "C"
classifications to be effective August 24, 2017.
(PASSED, 7-0; #20544)
Fact Sheet (233K)
Attachment (2250K)
43) 17-116 Amending the pay schedules for certain employee groups
by adjusting the pay range schedules for "B"
classifications to be effective August 24, 2017.
(PASSED, 7-0; #20545)
Fact Sheet (239K)
Attachment (143K)
44) 17-117 Amending the pay schedules for certain employee groups
by adjusting the pay range schedules for "M"
classifications to be effective August 24, 2017.
(PASSED, 7-0; #20546)
Fact Sheet (234K)
Attachment (1084K)
45) 17-119 Change of Zone 17017 Application of Alpha Epsilon
Assn. of Theta Xi to designate the Theta Xi Fraternity
House as a Landmark, changing the zoning district from
B-4 Lincoln Center Business to B-4 Lincoln Center
Business with Landmark Overlay, on property generally
located at 1535 R Street. (PASSED, 7-0; #20547)
Fact Sheet (2341K)
Attachment (3178K)
46) 17-118 Text Amendment 17011 Amending Title 27 of the Lincoln
Municipal Code ("Zoning Code") by amending Section
27.63.110, relating to the approval of a special permit
for Garden Centers in the AG zoning district, to
provide that the City Council may allow more than one
freestanding sign per frontage for garden centers when
two or more tenants/lessees operate the garden center
on behalf of the owner and the tenants/lessees have
separate entrances along the same frontage; and
repealing Section 27.63.110 of the Lincoln Municipal
Code as hitherto existing. (Related Items: 17-118,
17R-203) (PASSED, 7-0; #20548)
Fact Sheet (240K)
47) 17R-203 Special Permit No. 06022A Application of William Alan
LLC, to amend Special Permit 06022 to allow a Garden
Center operated by two tenants/lessees of the owner to
have two freestanding signs on South 14th Street with
one sign located at each tenant/lessee entrance on
property generally located at 10901 South 14th Street.
(Related Items: 17-118, 17R-203) (Action Date: 8/28/17)
(ADOPTED, 7-0; A-90660)
Fact Sheet (670K)
RESOLUTIONS - 1ST READING - (ITEMS 48 THRU 58 HAD 1ST READING; SEE ITEM 57)
48) 17R-219 Appointing Eric Buchanan and Janice Walker to the
Community Health Endowment Board for terms expiring
September 1, 2020. (Consent)
Attachment (405K)
49) 17R-220 Reappointing John (Rusty) Vanneman and Dan Marvin to
the Community Health Endowment Board for terms expiring
September 1, 2020. (Consent)
50) 17R-221 Appointing Eric A. North to the Community Forestry
Advisory Board for a term expiring August 14, 2020.
(Consent)
Attachment (224K)
51) 17R-222 Reappointing Emily Casper and Scott E. Hofeling to the
Community Forestry Advisory Board for terms expiring
August 14, 2020. (Consent)
52) 17R-216 Approving Legends Patio Grill and Bar as a keno satellite
at 801 R Street.
Fact Sheet (212K)
53) 17R-217 Approving Gray's Keg Saloon as a keno satellite at 104
North 20th Street.
Fact Sheet (205K)
54) 17R-218 Approving Halftime Bar & Grill as a keno satellite at
200 West P Street.
Fact Sheet (208K)
55) 17R-223 Use Permit 05004A Application of Large Partnership
LTD to alter the existing layout to show 6 lots
surrounded by an outlot and to increase the approved
square footage from 31,500 to 54,000 square feet of
commercial space, with waivers to setbacks, on property
generally located at South 14th Street and
Yankee Hill Road.
Fact Sheet (3459K)
56) 17R-224 Comp. Plan Conformance 17012 Approving an amendment
to the West O Street Redevelopment Plan to add the
"Huvepharma Inc. Redevelopment Project" for the
redevelopment of a vacant parcel into an approximately
30,000 square foot research and development complex, on
property generally bounded by West P Street, the first
set of railroad tracks south of West O Street, 9th
Street, and NW/SW 70th Street.
Fact Sheet (7464K)
Attachment (6090K)
57) 17R-225 Approving a request to the City Performance Audit
Committee, pursuant to Chapter 4.66 of the Lincoln
Municipal Code, to conduct audits 1) of the city
Development Services Center with particular attention
to the Center's procedures, operations, use of current
space as compared to needs, and responsiveness to
citizen requests for permits and information and 2) of
the Lincoln Fire and Rescue Department to conduct a
review of medical related calls that the Department
responds to on an annual basis. (Request for Council
to suspend the rules for this item to have Public
Hearing & Action on 8/28/17) (RULES SUSPENDED TO HAVE
INTRODUCTION, PUBLIC HEARING & ACTION ON THIS DATE, 6-1;
AYES: CHRISTENSEN, ESKRIDGE, GAYLOR BAIRD, LAMM, RAYBOULD,
SHOBE; NAYS: CAMP; ADOPTED, 7-0; A-90661)
Fact Sheet (264K)
58) 17R-226 A resolution of the City Council of the City of Lincoln
affirming the City's commitment to safeguard the civil
rights, safety, and dignity of all community members
and our commitment to a diverse, supportive, inclusive,
and protective community.
Fact Sheet (226K)
ORDINANCES - 1ST READING & RELATED RESOLUTIONS - NONE
PENDING LIST - DATE CERTAIN
59) 17-92 Change of Zone 17011 Application of Roger H. Schwisow
Revocable Trust for a change of zone from AG Agricultural
District to R-3 Residential District on property
generally located at North 49th Street and Alvo Road.
(7/31/17 - Action Delayed with Public Hearing 3
Weeks to 8/21/17) (8/21/17 - Action Delayed with Public
Hearing 4 weeks to 9/18/17)
Fact Sheet (240K)
60) 17-78 Annexation 17004 Amending the Lincoln Corporate Limits
Map by annexing approximately 283.79 acres of property
generally located at South 91st Street and Rokeby Road.
(Related Items: 17R-165, 17R-166, 17-78, 17R-162)
(7/10/17 - Action delayed with continued Public
Hearing to 11/6/17)
Fact Sheet (233K)
Attachment (2250K)
PENDING LIST (EXTENDED ONE WEEK)
61) 17R-175 Comprehensive Plan Amendment 17005 Amending the 2040
Lincoln-Lancaster County Comprehensive Plan to change
the Future Land Use Plan designation from "Open Space"
and "Commercial" to "Industrial" and "Agricultural
Stream Corridor", on property generally located at
North 70th Street and Arbor Road. (Related Items:
17R-175, 17-87, 17R-182) (Action Date: 7/24/17)
(7/17/17 - Public Hearing cont'd w/ Action on 7/24/17)
(7/24/17 - Public Hearing & Action cont'd to 8/7/17)
(8/7/17 - Placed on Pending, no date certain)
Fact Sheet (233K)
Attachment (2250K
62) 17-87 Change of Zone 17016 Application of Lincoln Sports
Foundation, Inc. for a change of zone from H-2 Highway
Business District to I-1 Industrial District on property
generally located at 7620 North 70th Street. (Related
Items: 17R-175, 17-87, 17R-182) (7/17/17 - Public
Hearing cont'd w/ Action on 7/24/17) (7/24/17 -
Public Hearing & Action cont'd to 8/7/17) (8/7/17
- Placed on Pending, no date certain)
Fact Sheet (233K)
Attachment (2250K)
63) 17R-182 Approving a Development and Conditional Zoning
Agreement by and between Lincoln Sports Foundation,
Inc. and the City of Lincoln, Nebraska to construct an
industrial park/warehouse development under the
proposed Change of Zone of the property from H-2
Highway Business District to I-1 Industrial District.
(Related Items: 17R-175, 17-87, 17R-182) (Action
Date: 7/24/17) (7/17/17 - Public Hearing cont'd
w/ Action on 7/24/17) (7/24/17 - Public Hearing &
Action cont'd to 8/7/17) (8/7/17 - Placed on Pending,
no date certain)
Fact Sheet (233K)
Attachment (2250K
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 AUGUST, OPEN MICROPHONE SESSIONS WILL BE HELD
ON AUGUST 14TH & 28TH.
ADJOURNMENT 10:36 P.M.
UPCOMING HEARINGS - NONE
***
The Lincoln City Council meets every Monday at 3 p.m. except for the
last Monday of the month whichbegins at 5:30 p.m. All City Council
meetings are aired live on LNKTV City and re-aired later. For a
schedule, visit lincoln.ne.gov (keyword: LNKTV). LNKTV City can be
found on all three cable television system: ALLO Channel 2; Spectrum
Channel 1300; Kinetic Channel 5. Meetings are also streamed live
at lincoln.ne.gov (keyword: LNKTV) and available later at
youtube.com/LNKTVcity.
***
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.