City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 11, 2017 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT RAYBOULD
DUE TO CHRISTMAS & NEW YEARS DAY HOLIDAYS, THE CITY COUNCIL WILL
NOT MEET ON MONDAY, DECEMBER 25, 2017 AND MONDAY, JANUARY 1, 2018
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-279 Approving a Contract among the City of Lincoln,
Lancaster County, Lincoln-Lancaster County Public
Building Commission, and Midwest Office Automations
for Cost-Per-Copy Services, pursuant to Bid No.
17-199, for a four year term with the option to
renew for one additional four year term. (11/20/17
- Public Hearing & Action cont'd to 12/4/17)
(12/4/17 - Public Hearing & Action cont'd to
12/11/17) (ADOPTED, 6-0; A-90800)
Fact Sheet (164K)
Attachment (32710K)
2) Approving the distribution of funds representing
interest earnings on short-term investments of Idle
Funds during the month ended October 31, 2017.
(ADOPTED, 6-0; A-90801)
3) Clerk's Letter and Mayor's Approval of Resolutions
A-90796 and 90798 adopted by the City Council on
December 4, 2017. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 17070, to Special
Permit No. 1940A, Cardinal Heights CUP, approved by
the Planning Director on November 30, 2017, to
delete the common recreation facility and change the
outlot to a duplex, generally located at W. Redberry
Lane and W. Thatcher Lane.
5) MISCELLANEOUS REFERRALS - NONE.
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
6) Application of Ovations Food Services, L.P. dba
Spectra Food Services & Hospitality for a Class I
liquor license and a Class E Entertainment District
liquor license at 350 Canopy Street, Suite #120.
(PUBLIC HEARING & ACTION CONT'D 1 WEEK TO 12/18/17,
6-0)
7) Manager Application of Brian T. Krajewski for
Ovations Food Services, L.P. dba Spectra Food Services
& Hospitality at 350 Canopy Street, Suite #120.(PUBLIC
HEARING & ACTION CONT'D 1 WEEK TO 12/18/17, 6-0)
PUBLIC HEARING - RESOLUTIONS
8) 17R-283 Assessing the costs incurred for cutting, clearing
and removing weeds against the various benefitted
properties for the period of January 1, 2017
through December 31, 2017. (MTA #1 ADOPTED, 6-0;
ADOPTED AS AMENDED, 6-0; A-90802)
Fact Sheet (135K)
Attachment (33K)
Motion To Amend (20K)
9) 17R-284 Approving a purchase agreement between the City of
Lincoln and Hometown Trolley (Double K, Inc.) for
Compressed Natural Gas Low Floor Trolleys, pursuant
to RFP No. 17-164, for a five year term.(ADOPTED, 6-0;
A-90803)
Fact Sheet (193K)
Attachment (3260K)
10) 17R-286 Approving a Bike Share System Equipment Agreement in
the amount of $775,192.00 between B-Cycle and the
City of Lincoln for the purchase of equipment.
(Related Items: 17R-286, 17R-287) (MTA #1 ADOPTED,
6-0; ADOPTED AS AMENDED, 6-0; A-90804)
Attachment (60031K)
Motion To Amend (7K)
Sub Attachment (212K)
11) 17R-287 Approving a 2-Year Bike Share Operations and
Maintenance Agreement in the amount of $659,510.00
between B-Cycle and the City of Lincoln for ongoing
maintenance of the City of Lincoln Bike Share
Program. (Related Items: 17R-286, 17R-287) (ADOPTED,
6-0; A-90805)
Attachment (59347K)
12) 17R-288 Accepting the report of new and pending claims
against the City and approving disposition of claims
set forth for the period of November 16-30, 2017.(MTA
#1 ADOPTED, 6-0; ADOPTED AS AMENDED, 6-0; A-90806)
Fact Sheet (30K)
Attachment (61K)
Motion To Amend (22K)
13) 17R-289 Approving an Interlocal Agreement between the
Railroad Transportation Safety District and the City
to transfer funding to the RTSD Funding for the 33rd
& Cornhusker Project and to accept the ownership and
maintenance of the safety improvements in the area.
(ADOPTED, 6-0; A-90807)
Fact Sheet (178K)
Attachment (1144K)
14) 17R-290 Identifying and declaring the area generally located
along South 48th Street between Calvert Street
and Pioneers Boulevard as the South 48th Street
Business Area and approving appointment of Lynn
Fisher, Jeanne Vuko, Matthew Roque, Ken Bougger, and
Terry Bock as the members of the Business Improvement
Board. (ADOPTED, 6-0; A-90808)
Fact Sheet (210K)
Attachment (222K)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
(ITEMS 15 THRU 17 HAD 2ND READING)
15) 17-186 Creating Sewer District No. 1189 for the purpose
of constructing a sewer district to serve seven
properties and assessing the costs thereof against the
benefitted properties.
Fact Sheet (224K)
Attachment (163K)
16) 17-189 Text Amendment 17015 Amending Title 27 of the Lincoln
Municipal Code (the "Zoning Ordinance") by amending
Section 27.02.020 to add a definition for Accessory
Dwelling; by amending Section 27.02.040 to add a
definition for Conditioned Area; by amending Section
27.06.020 to provide that in the R-1 through R-4 zoning
districts, a detached accessory building may be used
for an accessory dwelling in conformance with the
requirements of Section 27.62.040; by amending Section
27.06.070 to add a single-family dwelling and a
detached accessory dwelling on the same premises as a
conditional permitted use in the R-1 through R-4
zoning districts; by amending Section 27.62.040 to
provide that a building or premises may be used for a
single-family dwelling and a detached accessary
dwelling as a permitted conditional use in the R-1
through R-4 zoning district in compliance with the
conditions of approval for that use type and to provide
conditions; by amending Sections 27.67.030, 27.67.040,
and Figure 27.67.040 to include general conditions and
special condition parking requirements for accessory
dwelling units; by amending Section 27.72.120 to
provide that accessory buildings housing a conditioned
area shall comply with the height and yard requirements
for the main building provided that such accessory
building shall not exceed the height of the main
building and that the cumulative area of all accessory
buildings housing a conditioned area (including
accessory dwellings) shall not exceed the accessory
building maximum area per Section 27.72.120(d); and
repealing Sections 27.02.020, 27.02.040, 27.06.020,
27.06.070, 27.62.040, 27.67.030, 27.67.040, Figure
27.67.040, and 27.72.120 as hitherto existing.
(Related Items 17-189, 17R-285)
Fact Sheet (1159K)
17) 17R-285 Text Amendment 17015 Amending Title 3 Design
Standards for Zoning Regulations by adding a new
Chapter 3.115 Accessory Dwelling Design Standards to
establish the general requirements for Accessory
Dwelling Units; amending Title 1 General Provisions by
amending Section 2.5 of Chapter 1.00 Request for
Waiver, Procedure to include Accessory Dwelling Design
Standards as provided for in Chapter 3.115 of the City
of Lincoln Design Standards; repealing Section 2.5 of
Chapter 1.00 as hitherto existing; amending Title 3
Design Standards for Zoning Regulations by amending
Section 2 of Chapter 3.75 Neighborhood Design Standards
to establish that construction of detached accessory
dwellings does not require review under these design
standards, but shall follow the design standards for
accessory dwellings in Chapter 3.115 of the City of
Lincoln Design Standards; and repealing Section 2 of
Chapter 3.75 as hitherto existing. (Related Items
17-189, 17R-285) (Action date: 12/18/17)
Fact Sheet (1031K)
Attachment (43K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS
18) 17-175 Approving a Lease Agreement between the City of Lincoln
and ExteNet Systems, Inc. for the purpose of installing
small cell wireless technology on City owned street
light poles. (PASSED, 6-0; #20588)
Fact Sheet (209K)
Attachment (5739K)
19) 17-162 Adding a new Section 9.08.120 to provide for procedures
for police officers in issuing citations for a
violation of the city code and grounds for determining
if detention is necessary. (PASSED, 6-0; #20589)
Fact Sheet (133K
20) 17-163 Consent Amendments Ordinance amending Sections
24.05.240, 24.05.250, and 24.05.270 to move examination
responsibilities to the Examining Board of Plumbers and
repealing Sections 24.05.240, 24.05.250, and 24.05.270
of the Lincoln Municipal Code as hitherto existing.
(PASSED, 6-0; #20590)
Fact Sheet (141K)
21) 17-164 Amending Section 9.24.140 to provide for more specific
terms and conditions for Larceny; amending Section
9.24.160 to raise the maximum level for theft of
services covered under the code; by adding a new
Section 9.24.165 titled Consolidation of Theft Offenses
to provide for the prosecution of conduct in Sections
9.24.120 to 9.24.160 as a single offense embracing the
separately enumerated offenses; amending Section
9.24.190 to provide more clear and definite terms and
conditions for Loitering and Trespassing; and repealing
Sections 9.24.140, 9.24.160, and 9.24.190 of the
Lincoln Municipal Code as hitherto existing. (PASSED,
6-0; #20591)
Fact Sheet (197K).
22) 17-165 Amending Section 10.06.080 to allow for enforcement of
penalties for refusal to sign traffic citations and
repealing Section 10.06.080 of the Lincoln Municipal
Code as hitherto existing. (PASSED, 6-0; #20592)
Fact Sheet (167K)
23) 17-166 Amending Sections 10.08.010, 10.08.020, 10.08.040, and
10.08.050 to be consistent with state law and allow for
enforcement of the law regarding motor vehicle
registration and license plates and repealing Sections
10.08.010, 10.08.020, 10.08.040, and 10.08.050 of the
Lincoln Municipal Code as hitherto existing. (PASSED,
6-0; #20593)
Fact Sheet (149K)
24) 17-167 Amending Section 10.12.030 to add new traffic control
Red Arrow to the Traffic Control Legend; amending
Sections 10.14.200(b) and 10.14.220 to add language on
how drivers shall proceed in traffic when there is a
steady circular red light or red arrow; and repealing
Sections 10.12.030, 10.14.200, and 10.14.220 of the
Lincoln Municipal Code as hitherto existing. (PASSED,
6-0; #20594)
Fact Sheet (189K)
25) 17-168 Amending Section 10.14.190 to provide that left turns
shall be made, as nearly as practicable, in the extreme
left-hand lane and repealing Section 10.14.190 of the
Lincoln Municipal Code as hitherto existing. (PASSED,
6-0; #20595)
Fact Sheet (134K)
26) 17-169 Amending Section 10.14.420 to have a penalty consistent
with state law for the same violation and repealing
Section 10.14.420 of the Lincoln Municipal Code as
hitherto existing. (PASSED, 6-0; #20596)
Fact Sheet (131K
27) 17-170 Amending Section 10.16.030 to be consistent with state
law and repealing Section 10.16.030 of the Lincoln
Municipal Code as hitherto existing. (PASSED, 6-0;
#20597)
Fact Sheet (128K)
28) 17-171 Amending Section 10.16.063 pursuant to recent changes
to Neb. Rev. Stat. § 60-4, 108 and Neb. Rev. Stat.
§ 60-4, 109 to allow a sentence of probation
without further license revocation after conviction for
this offense and repealing Section 10.16.063 of the
Lincoln Municipal Code as hitherto existing. (PASSED,
6-0; #20598)
Fact Sheet (143K).
29) 17-172 Amending Section 10.16.065 to be consistent with state
law for the same offenses pursuant to Neb. Rev. Stat.
§ 60-4, 108 and repealing Section 10.16.065 of the
Lincoln Municipal Code as hitherto existing. (PASSED,
6-0; #20599)
Fact Sheet (140K)
30) 17-173 Amending Section 10.30.080 to clarify where soliciting
activities are prohibited to protect pedestrian and
motor vehicle safety and repealing Section 10.30.080 of
the Lincoln Municipal Code as hitherto existing. (MTA
#1 TO ACCEPT A SUBSTITUTE ORDINANCE ADOPTED, 6-0; PASSED
AS AMENDED, 6-0; #20600)
Fact Sheet (171K)
Motion To Amend (6K)
Sub Attachment (12K)
31) 17-174 Amending Section 10.32.070 to clarify that any motor
vehicle that exceeds the prohibited length or width
with or without a trailer attached cannot be parked in
certain Residential Zoning Districts and repealing
Section 10.32.070 of the Lincoln Municipal Code as
hitherto existing. (PASSED, 6-0; #20601)
Fact Sheet (177K)
32) 17-176 Consent Amendment Ordinance amending Section 2.42.040
to move the Workforce Investment Opportunity
Administration from the Urban Development Department to
the Mayor's Office and repealing Section 2.42.040 of
the Lincoln Municipal Code as hitherto existing. (PASSED,
6-0; #20602)
Fact Sheet (147K
33) 17-177 Consent Amendments Ordinance amending Section 8.08.030
to declare the violation of this code section to be a
public nuisance rather than a crime and repealing
Section 8.08.030 of the Lincoln Municipal Code as
hitherto existing. (PASSED, 6-0; #20603)
Fact Sheet (139K)
34) 17-178 Consent Amendments Ordinance amending Section 9.36.090
to allow for the transportation of legal fireworks
without prior notification of the Lincoln Police
Department and repealing Section 9.36.090 of the
Lincoln Municipal Code as hitherto existing. (PASSED,
6-0; #20604)
Fact Sheet (180K)
35) 17-179 Consent Amendments Ordinance amending Section 4.04.020
to clarify that the Charter Revision Commission is
required to meet a minimum of once annually rather than
twice annually and repealing Section 4.04.020 of the
Lincoln Municipal Code as hitherto existing. (PASSED,
6-0; #20605)
Fact Sheet (233K)
36) 17-181 Technical Amendments Ordinance amending Sections
20.06.040, 20.06.237, 20.10.230, 20.10.235, and
24.05.220 to reflect the correct references to the
recently adopted Lincoln Mechanical Code and Lincoln
Plumbing Code, and repealing Sections 20.06.040,
20.06.237, 20.10.230, 20.10.235, and 24.05.220 of the
Lincoln Municipal Code as hitherto existing. (PASSED,
6-0; #20606)
Fact Sheet (257K)
37) 17-182 Consent Amendments Ordinance repealing Section
10.32.025 as the volunteer position of Citizen
Handicapped Parking Patrol Officer is no longer being
utilized by the Lincoln Police Department. (PASSED,
6-0; #20607)
Fact Sheet (230K)
38) 17-184 Consent Amendments Ordinance amending Section 2.32.110
to eliminate the provision for the fee charged by the
Police Department for accident reports and repealing
Section 2.32.110 of the Lincoln Municipal Code as
hitherto existing. (PASSED, 6-0; #20608)
Fact Sheet (145K)
39) 17-185 Consent Amendments Ordinance amending Section 9.20.080
to replace the prohibition against profane or abusive
language with prohibition against repeated panhandling
and repealing Section 9.20.080 of the Lincoln Municipal
Code as hitherto existing. (PASSED, 6-0; #20609)
Fact Sheet (143K)
RESOLUTIONS - 1ST READING (ITEMS 40 THRU 51 HAD 1ST READING)
40) 17R-292 Approving a Memorandum of Understanding between the
Nebraska Department of Health and Human Services and
the City of Lincoln on behalf of the Lincoln-Lancaster
County Health Department for NDHHS to provide Hepatitis
C testing supplies. (Consent)
Fact Sheet (209K)
Attachment (424K)
41) 17R-293 Appointing Andy Hunzeker and Dr. Lucas Sabalka to the
Lincoln Electric System Administrative Board for terms
expiring December 31, 2020. (Consent)
Attachment (242K)
42) 17R-294 Reappointing Sarah Peetz to the Lincoln Electric System
Administrative Board for a term expiring December 31,
2020. (Consent)
43) 17R-300 Reappointing Jonathan Rehm, Jane Merliss, and Rachel
Zeng to the Commission on Human Rights for terms
expiring December 31, 2020. (Consent)
44) 17R-301 Appointing Doug Gibbs and Jani Martinez to the Charter
Revision Commission for terms expiring July 15, 2021.
(Consent)
Attachment (238K)
45) 17R-302 Reappointing Mike Donlan, Brett Ebert, and Steve
Guittar to the Charter Revision Commission for terms
expiring July 15, 2020. (Consent)
46) 17R-303 Reappointing Jose J. Soto and Clancy Woolman to the
Charter Revision Commission for terms expiring July 15,
2021. (Consent)
47) 17R-295 Approving a Management Agreement between the City of
Lincoln on behalf of the Parks and Recreation
Department and Scott Carlson for the management of the
Holmes Golf Clubhouse for a four year period.
Fact Sheet (198K)
Attachment (712K)
48) 17R-296 Approving a resolution in support of Lincoln
Environmental Action Plan (LEAP) as a means to
establish consensus in moving forward with critical
initiatives in the areas of energy, land use,
transportation, waste management, and water resources.
Fact Sheet (234K)
Attachment (918K)
49) 17R-297 Approving the transfer of funds to the Lincoln Parks &
Recreation Foundation for the Prairie Corridor on
Haines Branch Endowment. (Related Items: 17R-297,
17R-298, 17R-299)
Fact Sheet (201K)
50) 17R-298 Approving an Interlocal Cooperation Agreement between
the City of Lincoln and the Lower Platte South Natural
Resources District for the Prairie Corridor on Haines
Branch project. (Related Items: 17R-297, 17R-298,
17R-299)
Fact Sheet (584K)
Attachment (83K)
51) 17R-299 Approving a Cooperation Agreement between the City of
Lincoln and the National Audubon Society through its
Spring Creek Prairie Audubon Center office for the
Prairie Corridor on Haines Branch project. (Related
Items: 17R-297, 17R-298, 17R-299)
Fact Sheet (355K)
Attachment (373K)
ORDINANCES - 1ST READING & RELATED RESOLUTIONS
(ITEMS 52 THRU 54 HAD 1ST READING)
52) 17-187 Accepting and approving an Amendment of Lease Agreement
between Lincoln Parks and Recreation Department and
Lincoln Parks and Recreation Foundation to lease
approximately 272.25 square feet of space at 3140 N
Street, Suite 301 for the Foundation's office.
(12/4/17 - Introduction delayed to 12/11/17)
Fact Sheet (267K)
Attachment (198K)
53) 17-190 Authorizing the issuance of Tax Allocation Bonds for
the Huvepharma Redevelopment Project.
54) 17-191 Text Amendment 17017 Amending Chapter 27.59 of the
Lincoln Municipal Code relating to Airport Zoning by
amending Section 27.59.070 to update the reference to
the Division of Aeronautics of the State of Nebraska
Department of Transportation based on a merger of the
departments effective July 1, 2017; adopting a revised
Lincoln Airport Zoning Map; and repealing Section
27.59.070 as hitherto existing.
Fact Sheet (3897K)
Attachment (259K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
55) 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)
56) 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 (12274K)
Attachment (323K)
57) 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)
58) 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. (10/23/17 - Placed on
Pending, no date certain)
Fact Sheet (3279K)
Attachment (103K)
59) 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.
(11/6/17 - Placed on Pending, no date certain)
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 4TH & 18TH.
ADJOURNMENT 4:46 P.M.
UPCOMING HEARINGS
Hearing date of Monday, December 18, 2017 at 5:30 p.m. on the
Application of Friends Family LLC dba Hiro 88-Local-5168 Brewery
for Class LK and Class CG Liquor Licenses at 5730 Hidcote Drive.
***
The Lincoln City Council meets every Monday at 3 p.m. except for the
last Monday of the month which begins 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.