City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 23, 2017 AT 3:00 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF SEPTEMBER,
2017 PRESENTED TO MATTHEW FRANKEN, POLICE OFFICER/INVESTIGATOR FOR
THE ADMINISTRATIVE SUPPORT DIVISION OF THE POLICE DEPARTMENT IN THE
CATEGORY OF PRODUCTIVITY.
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-252 Approving a Service Agreement between the City of
Lincoln and the Board of Regents of the University of
Nebraska on behalf of the College of Nursing (UNMC) for
clinical training at Easterday Recreation Center for
public health students for a two year term. (ADOPTED,
7-0; A-90728)
Fact Sheet (294K)
Attachment (2160K)
2) 17R-254 Approving an Agreement between the University of
Nebraska Medical Center College of Public Health and
the City of Lincoln on behalf of the Lincoln-Lancaster
County Health Department to allow a planned, supervised
Service/Learning/Capstone Experience or other service
learning or research experience for students in the
Graduate Program of Public Health for a three year
term.(ADOPTED, 7-0; A-90729)
Fact Sheet (214K)
Attachment (1363K)
3) 17R-259 Reappointing Jon Camp to the Public Building Commission
for a term expiring August 1, 2021.(ADOPTED, 7-0; A-90730)
4) 17R-260 Reappointing Betsy Bergman and Michael Hatten to the
StarTran Advisory Board for terms expiring October 20,
2020. (ADOPTED, 7-0; A-90731)
5) 17R-258 Authorizing the Mayor to execute a Program Agreement
Supplement No. 1 between the City of Lincoln and the
State of Nebraska Department of Transportation (NDOT)
to define the funding split and caps the Federal HSIP
funds at $2,397,600.00 for the 56th Street and
Yankee Hill Road Project. (Project No. HSIP-5241(6),
CN 13347). (ADOPTED, 7-0; A-90732)
Fact Sheet (227K)
Attachment (235K)
6) Request of Public Works to set the hearing date of
Monday, December 4, 2017 at 3:00 p.m. and place on the
formal City Council Agenda the following:
17R-265 Provide Siting Approval to allow City owned
property to be used for future solid waste
operations and to allow the permitting and
operations of solid waste disposal areas and
solid waste processing facilities on this
parcel of ground, containing approximately
710 acres, in the vicinity of Highway 77 and
Bluff Road in Lancaster County, Nebraska.
(APPROVED, 7-0)
7) Affidavit of Mailing for Board of Equalization Meeting
for Downtown Management Business Improvement District
to be held on Monday, November 6, 2017, at 3:00 p.m.
(PLACED ON FILE)
8) Affidavit of Mailing for Board of Equalization Meeting
for Downtown Core Management Business Improvement
District to be held on Monday, November 6, 2017, at
3:00 p.m. (PLACED ON FILE)
9) Affidavit of Mailing for Board of Equalization Meeting
for Downtown Maintenance District to be held on Monday,
November 6, 2017, at 3:00 p.m. (PLACED ON FILE)
10) Affidavit of Mailing for Board of Equalization Meeting
for West Haymarket/ Downtown Maintenance District to be
held on Monday, November 6, 2017, at 3:00 p.m. (PLACED
ON FILE)
11) Resolution Approving the City of Lincoln's Investment
Activity Report from the City Treasurer for the Quarter
Ending, Fiscal Year, August 31, 2017. (ADOPTED, 7-0;
A-90733)
12) Clerk's Letter and Mayor's Approval of Resolution A-90723
passed by City Council on October 16, 2017. (PLACED ON
FILE)
PETITIONS & COMMUNICATIONS
13) Setting the hearing date of Monday, November 6, 2017 at
3:00 p.m. on the Application of Efthymios Gelastopoulous
dba Mad Mikes Bar and Grill for a Class I Liquor License
at 228 N. 12th Street, Suite 100.(ADOPTED, 7-0; A-90734)
14) Setting the hearing date of Monday, November 6, 2017 at
3:00 p.m. on the Application of Vietlink Investment Group
LLC dba Buck & Gas General Store for a Class D Liquor
License at 2801 NW 48th Street, Suite 100. (ADOPTED, 7-0;
A-90735)
15) Setting the hearing date of Monday, November 20, 2017 at
3:00 p.m. on the Application of GNS Corporation dba
Discount City for an addition of an area measuring
approximately 60' x 29' to their licensed premise at 5560
S. 48th Street. (ADOPTED, 7-0; A-90736)
16) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Waiver to Design Standards No. 17004, Meyer Auto and Towing,
approved by the Planning Director on October 12, 2017,
to allow outdoor lighting with a BUG rating of 3-0-4
for security lighting for a tow lot, generally located
at SW 32nd Street and W. O Street.
17) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
18) Application of Atemajac, Inc. dba La Cabana to expand
its Class I liquor license by the addition of an area
measuring approximately 21 feet by 35 feet at 3223
Cornhusker Highway. (10/16/17 - Public Hearing &
Action Cont'd for 1 Week to 10/23/17) (ADOPTED FOR
APPROVAL, 7-0; A-90737)
19) Manager Application of Michele M. Ehresman for
Greenfields Caf?, Inc. dba Greenfields at 7900 South
87th Street.(PUBLIC HEARING & ACTION CONT'D 1 WEEK TO
10/30/17, 7-0)
20) Manager Application of Randy A. Wilson Jr. for Chatters,
LLC dba 1640 Event Center at 1640 O Street. (ADOPTED FOR
APPROVAL, 7-0; A-90738)
21) Manager Application of Donald V. Cary III for
Wilderness Ridge, LLC dba Wilderness Ridge Golf Course
at 1800 Wilderness Woods Place.(AMENDED, 6-1; AYES: CAMP,
CHRISTENSEN, ESKRIDGE, LAMM, RAYBOULD, SHOBE; NAYS: GAYLOR BAIRD;
ADOPTED FOR APPROVAL AS AMENDED, 5-2; AYES: CAMP, CHRISTENSEN,
ESKRIDGE, LAMM, SHOBE; NAYS: GAYLOR BAIRD, RAYBOULD; A-90739)
22) Application of Mo Chara, LLC dba The Watering Hole to
expand its Class C liquor license by the addition of an
area measuring approximately 25 feet by 130 feet at
1321 O Street. (ADOPTED FOR APPROVAL, 7-0; A-90740)
23) Application of Pete Ricketts for Governor, Inc. for a
special designated license to cover an indoor area
measuring approximately 113 feet by 50 feet and an
outdoor area measuring approximately 287 feet by 287
feet at 1421 H Street on November 4, 2017 between 8:00
a.m. and 7:00 p.m. and November 24, 2017 between noon
and 2:00 p.m. (ADOPTED FOR APPROVAL, 7-0; A-90741)
PUBLIC HEARING - RESOLUTIONS
24) 17R-256 Accepting the report of new and pending claims against
the City and approving disposition of claims set forth
for the period of September 16-30, 2017. (ADOPTED, 7-0;
A-90742)
Fact Sheet (30K)
Attachment (61K)
25) 17R-257 Approving the award of contract to the low bidder for
the Agreement between the City of Lincoln and the State
of Nebraska Department of Transportation for the 48th
and Highway 2 Traffic Signal Rebuild Project. City
Project No. 702693. State Project No. LCLC-5239(9),
CN 15253. (MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED,
7-0; A-90743)
Fact Sheet (275K)
Motion To Amend (7K)
26) 17R-261 Approving the First Amendment to Development Agreement
for the reconfiguration of SouthPointe Pavilions
between the City of Lincoln, Nebraska and RED Capital
Management, LLC to make amendments to the real estate
interests to be conveyed between the parties in
furtherance of the Development Agreement on property
generally located north and east of the intersection of
South 27th Street and Pine Lake Road. (ADOPTED, 7-0;
A-90744)
Fact Sheet (20K)
Attachment (1924K)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
(ITEMS 27 THRU 36 HAD 2ND READING SEE ITEM 34)
27) 17-145 Change of Zone 17022 Application of LUX Center for the
Arts to designate the former University Place City Hall
as a Landmark, changing the zoning district from B-3
Commercial District to B-3 Commercial District with
Landmark Overlay, on property generally located at 2601
North 48th Street.
Fact Sheet (2261K)
Attachment (2496K)
28) 17-146 Change of Zone 17024 Application of John and Terry
Thomas to designate the Burgess House as a Landmark,
changing the zoning district from AG Agricultural
District to AG Agricultural District with Landmark
Overlay, on property generally located at 6501
Southwest 40th Street.
Fact Sheet (2261K)
Attachment (2496K)
29) 17-147 Change of Zone 17026 Application of Magnum Properties,
LLC for a change of zone from H-3 Highway Commercial
District to I-1 Industrial District on property
generally located at 235 South Coddington Avenue.
Fact Sheet (638K)
30) 17-148 Change of Zone 17027 Application of Hepburn Properties,
LLC for a change of zone from P Public Use District
to H-3 Highway Commercial District on property
generally located at 200 Northwest 84th Street.
Fact Sheet (500K)
31) 17-144 Annexation 17013 Amending the Lincoln Corporate Limits
Map by annexing approximately 4 acres of property
generally located at 84th Street and Pioneers Boulevard.
Fact Sheet (638K)
Attachment (2422K)
32) 17-142 Annexation 17011 Amending the Lincoln Corporate Limits
Map by annexing approximately 161 acres of property
generally located at South 40th Street and Yankee Hill
Road.
Fact Sheet (4063K)
Attachment (85K)
33) 17-143 Annexation 17012 Amending the Lincoln Corporate Limits
Map by annexing approximately 32 acres of property
generally located at Southwest 1st street and West
Denton Road.
Fact Sheet (3689K)
Attachment (54K)
34) 17-141 Annexation 17010 Amending the Lincoln Corporate Limits
Map by annexing approximately 211 acres of property
generally located at North 56th Street and Fletcher
Avenue.(PLACED ON PENDING NO DATE CERTAIN, 7-0)
Fact Sheet (3279K)
Attachment (103K)
35) 17-140 Text Amendment 17016 Amending Chapter 27.63 of the
Lincoln Municipal Code relating to Special Permits by
amending Section 27.63.470(d) to authorize City Council
to increase or decrease the minimum parking requirements
in the H-4 General Commercial District; and repealing
Section 27.63.470 as hitherto existing. (Related
Items: 17-140, 17R-253)
Fact Sheet (983K)
36) 17R-253 Special Permit No. 2004A Application of Alpha Brewing
Operations, LLC, to amend Special Permit 2004 to reduce
the required parking ratio for assembly facilities from
1 stall per 300 square feet to 1 stall per 1,000 square
feet, on property generally located at North 56th
Street and Alvo Road. (Related Items: 17-140, 17R-253)
(Action Date: 10/30/17)
Fact Sheet (1136K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS
37) 17-138 Amending Chapter 2.76 of the Lincoln Municipal Code
relating to Personnel System by amending Sections
2.76.130, 2.76.135, 2.76.145, 2.76.160, 2.76.175, and
2.76.200; and repealing Sections 2.76.130, 2.76.135,
2.76.145, 2.76.160, 2.76.175, and 2.76.200 as hitherto
existing.(PASSED, 7-0; #20564)
Fact Sheet (152K)
38) 17-139 Approving a Real Estate Sales Agreement between the
City of Lincoln and Kelly Custom Homes Ltd., dba
Nebraska Cottage Company for the sale of City owned
property generally located at 3268 Randolph Street.
(PASSED, 7-0; #20565)
Fact Sheet (327K)
Attachment (691K)
RESOLUTION - FOR ACTION ONLY
39) 17R-233 Approving a Contract between the City of Lincoln and
Treat America Food Services for the Annual Services for
Meal Preparation Aging Partners Program, pursuant to
RFP No. 17-181, for a four year term with the option to
renew for one additional four year term. (9/18/17 -
Public Hearing & Action cont'd 1 week to 9/25/17)
(9/25/17 - Placed on Pending, no date certain) (Request
to Remove from Pending for Action Only on 10/23/17)
(ADOPTED, 7-0; A-90745)
Fact Sheet (244K)
Attachment (14529K)
RESOLUTIONS - 1ST READING (ITEMS 40 AND 41 HAD 1ST READING)
40) 17R-262 Appointing Rachel Zeng to the Commission on Human
Rights for a term expiring December 31, 2017.
(Consent)
41) 17R-264 Accepting the report of new and pending claims against
the City and approving disposition of claims set forth
for the period of October 1-15, 2017.
Fact Sheet (30K)
Attachment (61K)
ORDINANCES - 1ST READING & RELATED RESOLUTIONS
(ITEMS 42 THRU 45 HAD 1ST READING)
42) 17-149 Annexation 17014 Amending the Lincoln Corporate Limits
Map by annexing approximately 2.72 acres of property
generally located at 5600 West Adams Street.
Fact Sheet (1197K)
Attachment (57K)
43) 17-150 Annexation 17015 Amending the Lincoln Corporate Limits
Map by annexing approximately 152 acres of property
generally located between 1st and 14th Streets on both
sides of Fletcher Avenue.
Fact Sheet (4259K)
Attachment (80K)
44) 17-151 Annexation 17016 Amending the Lincoln Corporate Limits
Map by annexing approximately 203 acres of property
generally located between 84th and 95th Streets and
south of Holdrege Street.
Fact Sheet (4656K)
Attachment (73K)
45) 17-152 Approving a Real Estate Sales Agreement between the
City of Lincoln and Blue Ridge Unlimited, LLC for the
sale of City owned property generally located at 7701
Greycliff.
Fact Sheet (294K)
Attachment (911K)
PENDING LIST - DATE CERTAIN
46) 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) (9/18/17 -
Public Hearing & Action cont'd to 10/16/17) (10/16/17 -
Public Hearing & Action cont'd 2 weeks to 10/30/17)
Fact Sheet (294K)
47) 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 (294K)
Attachment (911K)
PENDING LIST (EXTENDED ONE WEEK)
48) 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 (11377K)
Attachment (569K)
49) 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 (11377K)
Attachment (569K)
50) 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 (264K)
Attachment (751K)
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 OCTOBER, OPEN MICROPHONE SESSIONS WILL BE
HELD ON OCTOBER 16TH & 30TH.
ADJOURNMENT 4:55 P.M.
UPCOMING HEARINGS
Hearing date of Monday, November 6, 2017, at 3:00 p.m. on the
Assessments for the Downtown Management Business Improvement
District, Downtown Core Management Business Improvement District,
Downtown Maintenance District and the West Haymarket/ Downtown
Maintenance District.
***
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 1005. 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.