Formal Agenda
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 5, 2018 AT 3:00 P.M.
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) 18R-12 Approving a multi-year agreement between the City on
behalf of the Lincoln-Lancaster County Health
Department and the University of Nebraska for
practicum or shadowing experiences for students
in methods of Working with Infants in Programs and
Communities, the Dietetic Internship Program, and
in the Early Childhood Special Education Program,
for a three year term from January 1, 2018 through
December 31, 2020. (Consent) (ADOPTED, 7-0; A-90859)
Fact Sheet (61K)
Attachment (343K)
2) 18R-13 Approving the Consent to Assignment Agreement between
the City and SMG to provide that SMG Holdings, Inc.
will merge with Onex Corporation in January 2018.
(Consent) (ADOPTED, 7-0; A-90860)
Fact Sheet (56K)
Attachment (2109K)
3) 18R-22 Approving a Service Maintenance Agreement between the
City and Accelerated Technology Laboratories, Inc. for
a Laboratory Information Management System to be used by
the Lincoln Wastewater Sanitary Engineering Analytical
Laboratory Lincoln Water System, Ashland Water Treatment
Plant Laboratory. (Consent) (ADOPTED, 7-0; A-90861)
Fact Sheet (56K)
Attachment (335K)
4) 18R-15 Approving an Agreement between the City and Western
Pathology Consultants, Inc. for drug and alcohol
testing services for the period of January 1, 2018
through December 31, 2020. (Consent)
(ADOPTED, 7-0; A-90862)
Fact Sheet (47K)
Attachment (881K)
5) 18R-24 Reappointing Annette McRoy to the Board of Zoning Appeals
for a term expiring February 1, 2023. (Consent)
(ADOPTED, 7-0; A-90863)
6) 18R-25 Appointing Steve Miller to the Board of Zoning Appeals
for a term expiring February 1, 2022. (Consent)
(ADOPTED, 7-0; A-90864)
Attachment (90K)
7) 18R-29 Approving the Licensed Training Provider Agreement
between the City on behalf of the Parks Department and
the American National Red Cross to license training
materials for Parks Department use in training
courses. (Consent) (ADOPTED, 7-0; A-90865)
Fact Sheet (59K)
Attachment (460K)
8) 18R-30 Approving an Interlocal Agreement between the Railroad
Transportation Safety District and the City to accept
the transfer of RTSD Funding for the Rock Island to
Jamaica North Trail Connection project and to accept
the ownership and maintenance of the safety
improvements in the area. (Consent) (ADOPTED, 7-0;
A-90866)
Fact Sheet (61K)
Attachment (255K)
PETITIONS & COMMUNICATIONS
9) MISCELLANEOUS REFERRALS - NONE.
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS
10) Application of Hunky Dory, LLC dba The Royal Grove for
a Class C liquor license at 340 W. Cornhusker Highway.
(Request to continue Public Hearing & Action to
2/12/18) (PUBLIC HEARING & ACTION CONT'D 1 WEEK TO
2/12/18, 7-0)
Letter
Approval Resolution
Denial Resolution
11) Manager Application of Eli Mardock for Hunky Dory, LLC
dba The Royal Grove at 340 W. Cornhusker Highway.
(Request to continue Public Hearing & Action to
2/12/18) (PUBLIC HEARING & ACTION CONT'D 1 WEEK
TO 2/12/18, 7-0)
Approval Resolution
Denial Resolution
12) Application of Beauvent Travel, LLC dba The Normandy
for a Class I liquor license at 2785 S. 17th
Street. (ADOPTED FOR APPROVAL, 7-0; A-90867)
Approval Resolution
Denial Resolution
13) Manager Application of Eric Post for Beauvent Travel,
LLC dba The Normandy at 2785 S. 17th Street.
(ADOPTED FOR APPROVAL, 7-0; A-90868)
Approval Resolution
Denial Resolution
14) Manager Application of Nate Becwar for Dhabs, LLC dba
Barrymore's at 124 North 13th Street. (ADOPTED FOR
APPROVAL, 7-0; A-90869)
Approval Resolution
Denial Resolution
15) Manager Application of Brian Makovicka for Whitehead
Oil Company dba U-Stop #6 at 942 S. 27th
Street. (ADOPTED FOR APPROVAL, 7-0; A-90870)
Approval Resolution
Denial Resolution
PUBLIC HEARING - RESOLUTIONS
16) 18R-14 Accepting the report of new and pending claims against
the City and approving disposition of claims set forth
for the period of January 1 - 15, 2018.
(ADOPTED 7-0; A-90871)
Fact Sheet (30K)
Attachment (64K)
17) 18R-23 Authorizing the Mayor to execute a Funding Agreement
between the City and the Nebraska Department of
Transportation (NDOT), so that Federal Funds may be
used to complete the Fracture Critical Bridge
Inspection of the east leg of the Big X' bridge,
the eastbound K Street (Rosa Parks Way) connector
bridge, and a bridge for access to City property at
the Ashland Water Treatment Plant. Project No.
STP-NBIS (110) & NBIS (108), CN 00953A & 00958A.
(ADOPTED 7-0; A-90872)
Fact Sheet (70K)
Attachment (148K)
18) 18R-26 Special Permit No. 687A - Application of Don Farrall for a
special permit to allow a daycare center for up to 90
children on property generally located at 4005 North
70th Street. (ADOPTED 7-0; A-90873)
Fact Sheet (3693K)
19) 18R-27 Approving an amendment to the construction-manager-at-
risk contract between the City and Hausmann Construction
to accept the guaranteed maximum price for the
construction of four fire stations.
(ADOPTED 7-0; A-90874)
Fact Sheet (57K)
Attachment (3181K)
20) 18R-28 Approving an Agreement among the City on behalf of the
Parks Department, Lincoln Public Schools, and Friends of
Woods Tennis, Inc. for a ten year cooperative agreement for
use of the Tennis Center by LPS. (MTA #1 ADOPTED, 7-0;
ADOPTED AS AMENDED, 7-0; A-90875)
Fact Sheet (1582K)
Attachment (603K)
Motion To Amend (8K)
Motion To Amend Attachment (78K)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
(ITEMS 21 THRU 35 HAD 2ND READING)
21) 18-13 Street & Alley Vacation 17006 - Vacating a portion of
17th Street right-of-way, generally located between Vine
Street and a point approximately 300 feet north of R
Street.
Fact Sheet (768K)
22) 18-8 Change of Zone 17031 - Application of Gage Investments,
LLC for a change of zone from AG Agricultural District
to R-3 Residential District on property generally
located at 7721 Portsche Lane. (Related Items: 18-8,
18R-18)
Fact Sheet (4614K)
23) 18R-18 Approving a conditional zoning agreement to establish
the obligation of the developer to pay the City upfront
for ongoing maintenance of a street adjacent to property
to be developed in exchange for the City accepting the
street without it being constructed to urban standards
for property located generally at 7721 Portsche Lane.
(Related Items: 18-8, 18R-18) (Action Date: 2/12/18)
Fact Sheet (74K)
Attachment (2075K)
24) 18-12 Change of Zone 17028 - Application of the Planning
Director for a change of zone from I-1 Industrial
District to B-3 Commercial District, from I-1 Industrial district to H-3
Highway Commercial District, from I-1 Industrial
District to P Public Use District, from I-1 Industrial
District to R-4 Residential District, from I-1
Industrial District to R-6 Residential District,
from P Public Use District to H-3 Highway
Commercial District, from R-2 Residential District
to R-4 Residential District, from R-4 Residential
District to H-3 Highway Commercial District, and
from R-4 Residential District to R-6 Residential
District on properties generally located in the
vicinity of the former Missouri Pacific Railroad
corridor between North 22nd and North 35th Streets.
(Related Items: 18-12, 18R-21)
Fact Sheet (6227K)
25) 18R-21 Approving a Conditional Zoning Agreement between the
City and ABC Electric to allow ABC Electric to continue
to use its property under the changed zoning designation
while providing for a buffer zone between the street and
commercial activities to be conducted on the site for
property generally located along the south side of Y
Street between 24th and 25th Streets.(Related Items:
18-12, 18R-21) (Action Date: 2/12/18)
Fact Sheet (63K)
Attachment (128K)
26) 18R-19 Comprehensive Plan Amendment 17007 - Amending the 2040
Lincoln-Lancaster County Comprehensive Plan to designate
as a (N) Neighborhood Center on Map 5.1: Existing and
Proposed Commercial Centers and as "Commercial" on the
Lincoln Area Future Land Use Map property generally
located at the NW corner of South 98th and Van Dorn
Streets. (Related Items: 18R-19, 18-10, 18-11, 18R-20)
(Action Date: 2/12/18)
Fact Sheet (9530K)
Attachment (970K)
27) 18-10 Annexation 17019 Amending the Lincoln Corporate Limits Map
by annexing approximately 73.53 acres of property
generally located at 91st and Van Dorn Streets.
(Related Items: 18R-19, 18-10, 18-11, 18R-20)
Fact Sheet (20956K)
Attachment (61K)
28) 18-11 Change of Zone 17030 Application of Matodol, LLC for a
change of zone from AG Agricultural District to R-3
Residential District; for a Planned Unit Development
District for a residential area with single-family,
multiple-family, and residential transition uses, with
various waivers, consisting of 78.66 acres on property
generally located at 91st and Van Dorn Streets. (Related
Items: 18R-19, 18-10, 18-11, 18R-20)
Fact Sheet (20969K)
29) 18R-20 Approving Amendment No. 1 to the Annexation Agreement
for Van Dorn Street Coalition between the City of
Lincoln and the parcel owners to reflect changes in the
development plans for property located north of Van Dorn and west of
98th Street.(Related Items: 18R-19, 18-10, 18-11, 18R-20)
(Action Date: 2/12/18)
Fact Sheet (51K)
Attachment (3695K)
Motion To Amend (9K)
Motion To Amend Attachment (164K)
30) 18-9 Text Amendment 17001 Amending Chapter 27.63 of the
Lincoln Municipal Code relating to Special Permits by
amending Section 27.63.685 to create an exception for
grocery stores which reduces the required separation
distance between the premises licensed to sell
off-sale alcohol and first floor residential use, day
care facilities, parks, churches, state mental health
facilities and residential zoning districts from 100
feet to 25 feet in zoning districts B-1, B-3, H-1, H-2,
H-3, H-4, I-1, and I-3, and repealing Section 27.63.685
as hitherto existing.
Fact Sheet (9323K)
31) 18-14 Change of Zone 17037 Application of Jerry Boyce for a
change of zone from R-3 Residential District to R-4
Residential District on property generally located at
3720 North 1st Street.
Fact Sheet (2045K)
32) 18-2 Annexation 17007 - Amending the Lincoln Corporate Limits
Map by annexing approximately 70.01 acres of property
generally located at O and North 112th Streets. (Related
Items: 18-2, 18R-11, 18-3, 18R-3)(Request of applicant
to continue Public Hearing to 2/5/18) (PUBLIC HEARING
CONT'D 1 WEEK TO 2/05/18, 7-0)
Fact Sheet (3954K)
Attachment (42K)
33) 18R-11 Approving an Annexation Agreement for Dominion at
Stevens Creek among the City of Lincoln, Nebraska,
Lewis-Starostka, Inc., Lewis-Starostka, LLC, and James
Buel, regarding the City's of Lincoln's annexation of
property generally located northwest of the intersection
of North 112th Street and O Street. (Related Items: 18-2,
18R-11, 18-3, 18R-3)(Action Date: 1/29/18)(Request of
applicant to continue Public Hearing to 2/5/18) (PUBLIC
HEARING CONT'D 1 WEEK TO 2/05/18, 7-0)
Fact Sheet (61K)
Attachment (1048K)
Motion To Amend (20K)
34) 18-3 Change of Zone 17015 - Application of Starostka-Lewis,
LLC, Lewis Starostka, Inc., and James M. Buel for a
change of zone from AG Agricultural District to R-3
Residential District and O-3 Office Park District on
property generally located at O and North 112th Streets.
(Related Items: 18-2, 18R-11, 18-3, 18R-3)(Request of
applicant to continue Public Hearing to 2/5/18) (PUBLIC
HEARING CONT'D 1 WEEK TO 2/05/18, 7-0)
Fact Sheet (3934K)
35) 18R-3 Special Permit No. 17022 - Appeal of Mark Hunzeker from the
Planning Commission's approval of a special permit to
allow Dominion at Stevens Creek Community Unit Plan for
up to 433 residential dwelling units including single-
family units and townhome units, with requested waivers,
on property generally located at O and North 112th
Streets.(Related Items: 18-2, 18R-11, 18-3, 18R-3)
(Action Date: 1/29/18) (Request of applicant to continue
Public Hearing to 2/5/18) (PUBLIC HEARING CONT'D 1 WEEK
TO 2/05/18, 7-0)
Fact Sheet (8857K)
Motion To Amend - Sky Ranch Acres (46K)
Motion To Amend - Dominion (34K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS
36) 18-1 Text Amendment 17013 - Amending Sections 26.15.030,
26.19.031, 27.60.020, 27.64.010, and 27.65.070 of
the Lincoln Municipal Code to provide provisions to
implement Computer-Aided-Design (CAD) Standards for
Preliminary Plats, Final Plats, Use Permits,
Community Unit Plans, and Planned Unit Developments;
and repealing Sections 26.15.030, 26.19.031, 27.60.020,
27.64.010, and 27.65.070 as hitherto existing.
(PASSED, 7-0; #20622)
Fact Sheet (19399K)
37) 18-4 Change of Zone 17036 - Application of Lincoln Federal
Bancorp, Inc. c/o Leo Schumacher for a change of zone
from AG Agricultural District to R-3 Residential
District on property generally located at South 33rd
Street and Wilderness Hills Boulevard. (PASSED, 7-0;
#20623)
Fact Sheet (1860K)
38) 18-6 Amending Section 25.06.220 Examination and Registration
Fee of the Lincoln Municipal Code to decrease the
examination fees for master mechanical contractor and
journeyman mechanical technician; and repealing Section
25.06.220 as hitherto existing. (PASSED, 7-0; #20624)
Fact Sheet (53K).
RESOLUTIONS - 1ST READING (ITEMS 39 THRU 47 HAD 1ST READING)
39) 18R-31 Appointing Gabriel Ronk to the Examining Board of
Plumbers for a term to run from March 15, 2018 to
February 1, 2020. (Consent)
Attachment (65K)
40) 18R-32 Reappointing Mike McNiff to the Examining Board of
Plumbers for a term to run from March 15, 2018 to
February 1, 2019. (Consent)
41) 18R-33 Reappointing Matt Morrissey to the Examining Board of
Plumbers for a term to run from March 15, 2018 to
February 1, 2020. (Consent)
42) 18R-34 Accepting the report of new and pending claims against
the City and approving disposition of claims set forth
for the period of January 16 - 31, 2018.
Fact Sheet (30K)
Attachment (64K)
43) 18R-36 Authorizing the Mayor to execute an Agreement between
the City and the State of Nebraska Department of
Transportation (NDOT) so that federal funds may be
used for construction and construction engineering
of the intersection reconstruction at 66th Street
and Fremont Street.
Fact Sheet (68K)
44) 18R-37 Approving a Conservation Easement Agreement among
the City, Lower Platte South Natural Resources
District, and Village Meadows, LLC to preserve the
natural resources over the easement area located at
Outlot D, Village Meadows 7th Addition, Outlot A,
Village Meadows 10th Addition, Outlot A, Village
Meadows 11th Addition, and Outlot B, Village Meadows
15th Addition.
Fact Sheet (44K)
Attachment (797K)
45) 18R-38 Approving a professional service agreement between
the City and Schemmer Associates, Inc. to set out the
duties and fees to perform Final Preliminary Design
Services for the Safety Project at North 14th Street
and the eastbound on-ramp to US Highway 6 Federal Aid
project (Project No. HSIP-5227(7), CN 12944).
Fact Sheet (64K)
Attachment (1904K)
46) 18R-39 Reaffirming the termination on October 1, 2018 of the
increase in Local Option Sales Tax as set forth in
Ordinance 20197.
Fact Sheet (43K)
47) 18R-35 Approving a Consultant Agreement between the City and
AGA Consulting, Inc., to provide structural repair
documents for City Municipal Parking Garages for a two
year term expiring on September 1, 2019, for a sum not
to exceed $50,300.
Fact Sheet (41K)
Attachment (1264K)
ORDINANCES - 1ST READING & RELATED RESOLUTIONS
(ITEM 48 HAD 1ST READING)
48) 18-15 Approving an amendment to the Lincoln Municipal Code
Section 25.06.385 to include an exception for cooking
recirculating systems which will allow the use of
factory-built commercial cooking recirculating systems
in accordance with the International Mechanical Code
and repealing Lincoln Municipal Code Sections 25.06.350
and 25.06.380 in their entirety.
Fact Sheet (39K)
PENDING LIST - DATE CERTAIN
49) 18R-17 Waiver 17005 - Application of Berean Fundamental Church
of Lincoln to waive parking lot surfacing requirements,
pursuant to Section 27.67.100(c) of the Lincoln
Municipal Code, on property generally located at 6410
South 70th Street. (PUBLIC HEARING & ACTION DELAYED
UNTIL 2/26/18, 7-0.)
Fact Sheet (3738K)
Attachment (1415K)
PENDING LIST (EXTENDED ONE WEEK)
50) 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)
51) 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)
52) 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 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)
53) 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)
54) 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)
55) 17-190 Authorizing the issuance of Tax Allocation Bonds for the
Huvepharma Redevelopment Project. (12/18/17 - 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 FEBRUARY, OPEN MICROPHONE SESSIONS WILL BE HELD
ON FEBRUARY 12TH & 26TH.
ADJOURNMENT 7:02 P.M.
UPCOMING HEARINGS
Hearing date of Monday, February 12, 2018 at 3:00 p.m. on the
Application of Boiler Brewing Company LLC dba Boiler Brewing
Company for a Class YC Liquor License at 129 N. 10th
Street, Suite 313.
Hearing date of Monday, February 12, 2018 at 3:00 p.m. on the
Application of Boiler Brewing Company LLC dba Boiler Brewing
Company for a Class YK Liquor License at 129 N. 10th
Street, Suite 8.
Hearing date of Monday, February 12, 2018 at 3:00 p.m. on the
Application of Derek Breemes & Robert Rook LLC dba The Comedy Loft
for a Class I Liquor License at 701 P Street, Suite 205.
Hearing date of Monday, February 12, 2018 at 3:00 p.m. on the
Application of Carrier Entertainment LLC dba Nowhere Bar for a
Class I Liquor License at 2050 Cornhusker Highway.
***
The Lincoln City Council meets every Monday at 3 p.m. except for the
last Monday of the 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
cabletelevision 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.
