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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, JULY 28, 2014 AT 5:30 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) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by the City Council on July 14, 2014. (PLACED ON FILE) 2) Lincoln Electric System Financial & Operating Statement for June, 2014. (PLACED ON FILE) 3) Nebraska Dept. of Roads Surface Transportation Program Book for FY 2015 - 2020. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 4) Setting the hearing date of Monday, August 4, 2014 at 3 p.m. on the Application of Rena Inc. dba The Foxy for an expansion of their liquor license to go from a single story building approx. 24' x 92' w/ outdoor area approx 17' x 22' to the south to a single story building approx. 48' x 92' w/ outdoor area approx 17' x 22' to the south. (ADOPTED, 7-0; A-88418) 5) Informal Petition to create a Paving District in Fletcher Avenue from N. 84th St. to N. Cotner Blvd. submitted by Hendricks Commercial Properties. (REFERRED TO PUBLIC WORKS) 6) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment No. 14049 to Change of Zone No. 14008, Speedway Sporting Village Planned Unit Development, requested by Olsson Associates, approved by the Planning Director on July 16, 2014, to add language to note #11 regarding the flood elevations on this site, on property generally located at Park Boulevard and Speedway Circle. Administrative Amendment No. 14018 to Special Permit No. 409, Wellington Greens Community Unit Plan, requested by Studio 951, approved by the Planning Director on July 16, 2014, to demolish the existing maintenance building and construct a new maintenance building, on property generally located at South Street and Old Post Road. Administrative Amendment No. 14043 to Special Permit No. 1999A, Wilderness Hills Community Unit Plan, requested by EDC, approved by the Planning Director on July 18, 2014, to revise the lot layout along Keystone Drive south of Rockport Drive and eliminate a portion of Outlot C and all of Outlot D, and revise notes accordingly, on property generally located at Whispering Wind Boulevard and Keystone Drive. 7) MISCELLANEOUS REFERRALS - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 8) Application of Mo Chara, LLC dba McFarland & Son's for a Class C liquor license at 710 P Street. (ADOPTED FOR APPROVAL, 7-0; A-88419) 9) Manager application of Bryan A. McFarland for Mo Chara, LLC dba McFarland & Son's at 710 P Street. (ADOPTED FOR APPROVAL, 7-0; A-88419) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 10 THRU 15 HAD 2ND READING) 10) 14-69 Creating Paving District 2634 in N.W. 10th Street from W. Dawes Street to S. Belmont Street and assessing the costs thereof against the benefitted properties. (PUBLIC HEARING & ACTION CONTINUED TO 8/25/14, 7-0) Fact Sheet (8K) Attachment (1596K) 11) 14-70 Creating Water District 1207 for the purpose of constructing a 6-inch water main in Goodhue Blvd. from A Street to B Street and assessing the costs thereof against the benefitted properties. Fact Sheet (8K) Attachment (2088K) 12) 14R-194 Approving the 1100 Y Street Redevelopment Agreement between the City of Lincoln and 1100 Y Street, LLC relating to the redevelopment of property generally located at Y Street from 10th Street to 12th Street, and north of Y Street to the existing east-west alley, for construction of a multi-story apartment complex containing approximately 126 units. (Related Items: 14R-194, 14R-195, 14-83, 14-84) (Action Date: 8/4/14) Fact Sheet (11K) Attachment (3117K) 13) 14R-195 Amending the FY 13/14 CIP to authorize and appropriate $1,600,000 in TIF funds for the 1100 Y Street Redevelopment Project on property generally located at Y Street from 10th Street to 12th Street, and north of Y Street to the existing east-west alley. (Related Items: 14R-194, 14R-195, 14-83, 14-84) (Action Date: 8/4/14) Fact Sheet (10K) 14) 14-83 Authorizing the issuance of Tax Allocation Bonds for the 1100 Y Street Redevelopment Project. (Related Items: 14R-194, 14R-195, 14-83, 14- 84) 15) 14-84 Approving a lease between the City of Lincoln and 1100 Y Street, LLC for the use of a City owned parking lot to be used for construction staging during construction of the 1100 Y Street Redevelopment Project. (Related Items: 14R-194, 14R-195, 14-83, 14-84) Fact Sheet (11K) Attachment (20K) PUBLIC HEARING - RESOLUTIONS 16) 14R-192 Approving Downtown Lincoln Association's 2014-2015 Budget and Program of Work for Downtown and West Haymarket Maintenance and Management Business Improvement Districts. (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-88421) Fact Sheet (37K) Attachment (5575K) 17) 14R-193 Special Permit 1665C - Application of Chateau Development LLC to amend the Van Dorn Meadows 1st Addition Community Unit Plan to revise the layout from nine single-family lots to 10 two-family dwelling units and a 20 unit multiple-family building on property generally located at Sherman Street and Holmes Park Road. (PUBLIC HEARING & ACTION DELAYED 1 WEEK TO 8/4/14, 7-0) Fact Sheet (457K) Fact Sheet (18472K) Fact Sheet (30432K) 18) 14R-196 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of July 1 - 15, 2014. (AMENDED TO REMOVE CLAIM OF FOCH L. CLARK, 7-0; ADOPTED AS AMENDED, 7-0; A-88422) Fact Sheet (10K) Attachment (20K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 19) 14-81 Change of Zone 14016 - Application of Hoogland Foods for a change of zone from O-2 Office District to B-1 Business District on property generally located at North 70th Street and Adams Street. (PASSED, 7-0; #20051) Fact Sheet (1115K) 20) 14-82 Authorizing the issuance of tax allocation bonds with a total not to exceed $143,897.00 for the City of Lincoln, Kiechel Art Gallery, 1208 O Street Redevelopment Project. (PASSED, 7-0; #20051) "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 21 THRU 35 HAD 1ST READING) 21) 14-85 Vacation 14003 - Vacating the east/west alley between North 10th Street and vacated North 11th Street within Block 28, Original Lincoln. Fact Sheet (1125K) 22) 14-86 Annexation 13005 - Amending Ordinance No. 19952 to accept a substitute map to correctly show the boundary line of the annexed property generally located at N.W. 27th Street and Highway 34. Fact Sheet (32K) Attachment (648K) 23) 14-87 Amending Title 21 of the Lincoln Municipal Code by adding a new Chapter 21.09 entitled "Registration of Neglected Buildings" to establish a registration system for monitoring vacant and neglected residential buildings within the city. Fact Sheet (74K) 24) 14-88 Amending the pay schedules for certain employee groups by adjusting the schedules of annual, monthly, biweekly and hourly pay range equivalents for employees whose classifications are assigned to the pay ranges prefixed by the letter "B to be effective August 14, 2014. Fact Sheet (96K) Attachment (86K) 25) 14-89 Amending the pay schedule for the employee group whose classifications are assigned to the pay range prefixed by the letter "M" to change the pay range of Information & Fiscal Services Manager from M01 to M02. Fact Sheet (54K) 26) 14-90 Amending the pay schedules for certain employee groups by adjusting the schedules of annual, monthly, biweekly and hourly pay range equivalents for employees whose classifications are assigned to the pay ranges prefixed by the letter "E" to be effective August 14, 2014. Fact Sheet (41K) Attachment (27K) 27) 14-91 Amending the pay schedules for certain employee groups by adjusting the schedules of annual, monthly, biweekly and hourly pay range equivalents for employees whose classifications are assigned to the pay ranges prefixed by the letter "X" to be effective August 14, 2014. Fact Sheet (40K) Attachment (54K) 28) 14-92 Amending the pay schedules for certain employee groups by allowing a one time lump sum payment for employees whose classifications are assigned to the pay ranges prefixed by the letter "M". Fact Sheet (42K) 29) 14-93 Amending Section 2.76.155 of the Lincoln Municipal Code relating to Compensation Plan; Longevity Pay for an increase of longevity pay to coincide with the negotiated LMCEA labor agreement for unrepresented employees with a pay range prefixed by the letter "M". Fact Sheet (44K) 30) 14-94 Amending Section 2.76.160 of the Lincoln Municipal Code relating to Compensation Plan & Variable Merit Pay Plan to reduce the probationary increase to coincide with the negotiated LMCEA labor agreement for unrepresented employees with a pay range prefixed by the letter "M". Fact Sheet (45K) 31) 14-95 Amending Section 2.76.370 of the Lincoln Municipal Code relating to Authorized Holidays for an increase in personal holidays hours and allowable usage to coincide with the negotiated PAGE labor contract for employees with a pay range prefixed by the letter "N" or "X". Fact Sheet (45K) 32) 14-96 Amending Section 2.76.385 of the Lincoln Municipal Code relating to Funeral Leave to delete obsolete language for "M" pay ranges and to add certain uses to coincide with the negotiated PAGE labor contract for employees with a pay range prefixed by the letter "N" or "X". Fact Sheet (59K) 33) 14-97 Amending Section 2.76.395 of the Lincoln Municipal Code relating to Vacation Leave with Pay to increase vacation accruals at the 12 year level for employees with a pay range prefixed by the letter "A", "C", or "E". Fact Sheet (48K) 34) 14R-203 Approving a Development and Conditional Zoning Agreement for 48th and Normal Boulevard between the City of Lincoln and Gale and Cindy Matson and Wells and Tami Mangrum, LLC to restrict use of the property under the proposed Change of Zone No. 14018 on property generally located at the northwest corner South 48th Street and Normal Boulevard. (Related Items 14R-203, 14-98) (Action Date: 8/11/14) Fact Sheet (11K) Attachment (325K) 35) 14-98 Change of Zone 14018 - Application of Matson- Mangrum, LLC for a change of zone from R-2 Residential District to O-2 Suburban Office District and from O-2 Suburban Office District to B-1 Local Business District on property generally located at the northwest corner of South 48th Street and Normal Boulevard. (Related Items 14R-203, 14-98) Fact Sheet (4183K) RESOLUTIONS - 1ST READING (ITEMS 36 THRU 41 HAD 1ST READING) 36) 14R-197 Approving an Amendment to Agreement between the City of Lincoln and EMS Technology Solutions, LLC for EMS Inventory Management Solution to exercise its option to renew the Agreement for an additional four year term and approving the expenditures for said renewal. Fact Sheet (71K) Attachment (269K) 37) 14R-198 Approving an Intergovernmental Agreement Amendment between the City of Lincoln and the Nebraska Department of Environmental Quality regarding the 2012 Stormwater Grant to extend the term from June 30, 2014 to November 30, 2014. (Consent) Fact Sheet (55K) Attachment (37K) 38) 14R-199 Comp. Plan Conformance 14013 - Approving an amendment to the Lincoln Center Redevelopment Plan to add the "P Street East Redevelopment Project" for streetscape enhancements within public rights-of-way generally located between Centennial Mall, N. 17th Street, P Street, and Q Street. Fact Sheet (2938K) Attachment (2625K) Attachment (4531K) 39) 14R-200 Amending the FY 13/14 CIP to authorize and appropriate $170,000 in TIF funds for the P Street East Redevelopment Project on public rights-of-way adjacent to 1630 P Street in Greater Downtown Lincoln. Fact Sheet (87K) 40) 14R-201 Amending the FY 13/14 CIP to amend the existing P Street Streetscape CIP Project to include P Street from Centennial Mall to 17th Street and 16th and 17th Streets from P to Q Streets in Greater Downtown Lincoln. Fact Sheet (65K) 41) 14R-202 Approving the labor contract between the City of Lincoln and the Public Association of Government Employees (PAGE) to be effective August 14, 2014 through August 31, 2016. Fact Sheet (69K) Attachment (220K) Attachment (274K) PENDING LIST - DATE CERTAIN 42) 14-65 Approving a Real Estate Sales Agreement for the sale of approximately 9.37 acres of surplus property generally located at 2201 S. 84th St. to the Lincoln Housing Authority. (Related Items: 14-66, 14-65, 14-67, 14R-161) (6/23/14 - Action delayed for 2 weeks to 7/14/14 w/ Cont'd P.H.) (7/14/14 - Public Hearing & Action Delayed until 8/18/14, 7-0) Fact Sheet (84K) Attachment (918K) 43) 14-67 Change of Zone 14012 - Application of the Lincoln Housing Authority for a change of zone from R-1 Residential District and P Public Use District to R-3 Residential District and from R-1 Residential District to P Public Use District on property generally located at S. 84th St. and South St. (Related Items: 14-66, 14-65, 14-67, 14R- 161) (6/23/14 - Action delayed for 2 weeks to 7/14/14 w/ Cont'd P.H.) (7/14/14 - Public Hearing & Action Delayed until 8/18/14, 7-0) Fact Sheet (3609K) Attachment (440K) 44) 14R-161 Special Permit 14009 - Application of Lincoln Housing Authority to develop the Lincoln Housing Authority 84th St. Site Community Unit Plan for 72 dwelling units, with a requested waiver to allow more than 40 dwelling units on a dead end street, on property generally located at S. 84th St. and South St. (Related Items: 14-66, 14-65, 14-67, 14R-161) (Action Date 6/23/14) (6/23/14 - Action delayed for 2 weeks to 7/14/14 w/ Cont'd P.H.) (7/14/14 - Public Hearing & Action Delayed until 8/18/14, 7-0) Fact Sheet (6150K) Attachment (344K) PENDING LIST (EXTENDED ONE WEEK) 45) 07-73 Amending Title 20 of the Lincoln Municipal Code, the Building Code, by adding a new Chapter 20.02, entitled Neglected Building Registration, to require registration of neglected, deteriorated and/or abandoned buildings, to require the filing of plans for restoration or demolition of abandoned buildings, and to establish penalties for violations thereof. (5/7/07 - Placed on Pending, No Date Certain) Fact Sheet 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) Fact Sheet Attachment (1111K) 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 (2736K) 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 (2814K) 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 JULY, OPEN MICROPHONE SESSIONS WILL BE HELD ON JULY 14TH & 28TH. ADJOURNMENT 6:44 P.M. *** The City Council Meeting, which is broadcast live at 3:00 p.m. every Monday and at 5:30 p.m. on the last Monday of each month, will be rebroadcast on Saturdays at 1:00 p.m., immediately following the Pre-Council Meeting on Timewarner Digital Cable Channel 5 or Basic Cable Channel 71-14 and it is streamed live at lincoln.ne.gov. *** 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.