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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, MAY 8, 2017 AT 3:00 P.M. ALL MEMBERS PRESENT MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF FEBRUARY, 2017 PRESENTED TO CITY CLERK, TERESA MEIER AND DEPUTY CITY CLERK, SONY PHAN IN THE CATEGORY OF CUSTOMER RELATIONS AND 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-119 Appointing Robert Sorensen III to the Fire Sprinkler & Chemical Examining Board for a term expiring November 24, 2019. (ADOPTED, 7-0; A-90438) Attachment (184K) 2) Resolution levying the special taxes assessed for the costs of the improvements in the College View Business Improvement District, Havelock Street Maintenance Business Improvement District, North 27th Street Maintenance Business Improvement District, South Street Maintenance Business Improvement District, University Place Maintenance Business Improvement District, and West O Street Maintenance Business Improvement District. (ADOPTED, 7-0; A-90439) 3) Clerk's Letter and Mayor's Approval of Resolution and Ordinances Passed by City Council on April 24, 2017. (PLACED ON FILE) 4) Report from City Treasurer of Franchise Fees from Black Hills Corporation for the Month of March, 2017. (PLACED ON FILE) 5) Report from City Treasurer of 911 Surcharges for the Month of April, 2017. (PLACED ON FILE) 6) Report from City Treasurer of Allo Communications Cable Franchise Fees from January, 2017 through March, 2017. (PLACED ON FILE) 7) Report from City Treasurer of Allo Personal Education Government (P.E.G.) Fees for the month of March, 2017. (PLACED ON FILE) 8) Report from City Treasurer of Charter Communications Quarterly Personal Education Government (P.E.G.) Fees from October 1, 2016 through March 31, 2017. (PLACED ON FILE) 9) Lincoln Electric Systems 2016 Financial Report. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 10) Setting the hearing date of Monday, May 22, 2017 at 5:30 p.m. on the Application of Stop N Shop Inc dba Stop N Shop #6 for a Class CG Liquor License at 1502 West 'O' Street. (ADOPTED, 7-0; A-90440) 11) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment No. 17021, to Use Permit No. 111, Corporate Center 4th Addition, approved by the Planning Director on April 19, 2017, to increase the square footage on Lot 5, to decrease the square footage on Lot 4, and to add clarification to the notes, generally located at O Street and Cherrywood Drive. Administrative Amendment No. 17026, to Change of Zone No. 05085B, Fallbrook, approved by the Planning Director on April 21, 2017, to revise the street and lot layout so homes in the northeast area are oriented away from Alvo Road, to update the site plan in the Marketplace area to show the existing bank and proposed restaurant and residential healthcare facility, and to update the notes accordingly, generally located at North 1st Street and Alvo Road. 12) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT: Special Permit No. 17010 - Requested by Paws 4 Fun, LLC, for an indoor kennel with an outdoor area that permits more than three animals at a time, on property generally located at 222 North 44th Street. Special Permit No. 17011 - Requested by Larry & Jeri Brainard, for the removal of existing storage building and construction of a garage, on property generally located at 4201 North 63rd Street. 13) MISCELLANEOUS REFERRALS - NONE. - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 14) Application of GNS Corporation dba Discount City for a Class C liquor license at 5560 South 48th Street, Suite 6. (ADOPTED FOR APPROVAL, 7-0; A-90441) 15) Manager Application of Angela L. Coffey for GNS Corporation dba Discount City at 5560 South 48th Street, Suite 6. (ADOPTED FOR APPROVAL, 7-0; A-90442) 16) Application of Hacienda Real II, LLC dba Hacienda Real II for a Class I liquor license at 4811 Northwest 1st Street, Suites 101 & 102. (ADOPTED FOR APPROVAL, 7-0; A-90443) 17) Manager Application of Aurora Curiel for Hacienda Real II, LLC dba Hacienda Real II at 4811 Northwest 1st Street, Suites 101 & 102. (ADOPTED FOR APPROVAL, 7-0; A-90444) 18) Manager Application of Andrea R. Holmstedt for LNK Lodging, LLC dba Holiday Inn Express & Suites Lincoln Airport at 1101 West Commerce Way. (ADOPTED FOR APPROVAL, 7-0; A-90445) 19) Manager Application of Andrea R. Holmstedt for Husker Management, Inc. dba Holiday Inn Express Suites Lincoln Southeast at 8801 Amber Hill Court. (ADOPTED FOR APPROVAL, 7-0; A-90446) 20) Manager Application of Andrea R. Holmstedt for Tamarin Lodging, LLC dba Holiday Inn Lincoln Southwest at 2500 Tamarin Ridge Road. (ADOPTED FOR APPROVAL, 7-0; A-90447) 21) Manager Application of Andrea R. Holmstedt for LNK2 Lodging, LLC dba Fairfield Inn & Suites at 1000 West Bond Street. (ADOPTED FOR APPROVAL, 7-0; A-90448) 22) Manager Application of Jason J. Schmick for Schmick's Market, Inc. dba Schmick's Market at 2727 North 11th Street and 1340 West O Street. (ADOPTED FOR APPROVAL, 7-0; A-90449) 23) Manager Application of Mary M. Bailey for Kwik Shop, Inc. dba Kwik Shop #618 at 4750 Calvert Street; Kwik Shop #619 at 2301 Cornhusker Highway; Kwik Shop #632 at 5900 Fremont Street; Kwik Shop #634 at 2940 North 14th Street; Kwik Shop #635 at 2330 North 1st Street; Kwik Shop #637 at 2710 W Street; Kwik Shop #641 at 2811 North 48th Street; Kwik Shop #642 at 3939 A Street; Kwik Shop #646 at 3301 Holdrege Street; Kwik Shop #650 at 5600 Holdrege Street; Kwik Shop #662 at 2040 South 56th Street; Kwik Shop #663 at 4400 Cornhusker Highway; Kwik Shop #680 at 1441 North Cotner Boulevard; and Kwik Shop #681 at 4400 O Street. (ADOPTED FOR APPROVAL, 7-0; A-90450) 24) Application of Lincoln Children's Zoo for a special designated license to cover an outdoor area measuring approximately 1500 feet by 400 feet at 1222 South 27th Street on June 2, 2017 between 5:30 p.m. and 10:30 p.m. and June 17, 2017 between 6:00 p.m. and 11:00 p.m. (ADOPTED FOR APPROVAL, 7-0; A-90451) 25) Application of WMJD LLC dba Single Barrel for a special designated license to cover an outdoor area measuring approximately 100 feet by 700 feet and 100 feet by 300 feet at Pershing Auditorium at 226 Centennial Mall South on June 16, 2017 between 5:00 p.m. and 11:30 p.m. and June 17, 2017 between 11:00 a.m. and 11:30 p.m. (ADOPTED FOR APPROVAL, 7-0; A-90452) 26) Application of Zipline Brewing Co. for a special designated license to cover an outdoor area measuring approximately 70 feet by 72 feet at 2100 Magnum Circle, Suite 1 on June 24, 2017 between 1:00 p.m. and 10:00 p.m. (ADOPTED FOR APPROVAL, 7-0; A-90453) 27) Application of Rhinodynamics, Inc. dba Duffy's Tavern for a special designated license to cover an outdoor area measuring approximately 65 feet by 55 feet at 1412 O Street on May 26, 2017 between 4:00 p.m. and 2:00 a.m. (ADOPTED FOR APPROVAL, 7-0; A-90454) PUBLIC HEARING - RESOLUTIONS 28) 17R-116 Comp. Plan Conformance 17006 Approving an amendment to the Lincoln Center Redevelopment Plan to add the "City Centre Redevelopment Project" for the demolition of the existing Journal-Star Printing Company facility and the construction of an approximate 11-story mixed-use building, on property generally located at 926 P Street. (ADOPTED, 7-0; A-90455) Fact Sheet (965K) Attachment (5824K) 29) 17R-117 Approving an Interlocal Cooperation Agreement between the City of Lincoln and the Lower Platte South Natural Resources District for cooperative planning and future ownership of trails in urbanizing areas. (ADOPTED, 7-0; A-90456) Fact Sheet (422K) Attachment (2340K) 30) 17R-118 Approving a Conservation Easement Agreement by and among the City of Lincoln, the Lower Platte South Natural Resources District, the Bruce J. Sievers Family Trust, and the Lola H. Sievers Family Trust to preserve the natural resources on the easement area described as Lot 54 I.T., located in the Southeast Quarter of Section 23, Township 9 North, Range 6 East of the 6th P.M., Lincoln, Lancaster County, Nebraska. (ADOPTED, 7-0; A-90457) Fact Sheet (272K) Attachment (3547K) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (ITEMS 31 THRU 34 HAD 2ND READING) 31) 17-36 Amending Chapter 5.04 of the Lincoln Municipal Code relating to Alcoholic Liquor to allow the City Clerk to administratively approve certain outdoor Special Designated Licenses and to amend and/or remove various sections to clean the code up. Fact Sheet (235K) 32) 17-62 Amending the pay schedule for the employee group whose classifications are assigned to the pay range which is prefixed by the letter "M" by changing the title and pay range of Class 1497 from "Microcomputer Support Supervisor" in pay range M02 to "Technology Support Supervisor I" in pay range M01. Fact Sheet (249K) Attachment (913K) 33) 17-63 Amending the pay schedule for the employee group whose classifications are assigned to the pay range which is prefixed by the letter "C" by changing the titles of Class 1495 from "Microcomputer Support Specialist I" to "Technology Support Specialist I" and Class 1496 from "Microcomputer Support Specialist II" to "Technology Support Specialist II". Fact Sheet (252K) Attachment (1288K) 34) 17-64 Amending the pay schedule for the employee group whose classifications are assigned to the pay range which is prefixed by the letter "C" by creating the classifications of "Traffic Sign Worker," "Traffic Technician," "Senior Traffic Technician," "Engineering Technician," "Senior Engineering Technician," and "Biosolids Coordinator." Fact Sheet (335K) Attachment (3614K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS 35) 17-56 Amending Title 2 of the Lincoln Municipal Code relating to establishing an appropriate funding level for the City's Police and Fire Pension plans. (4/10/17 - Introduced delayed 1 week to 4/17/17) (Request to continue Public Hearing to 5/1/17 with Action on 5/8/17) (4/24/17 - Public Hearing cont'd to 5/1/17 with Action on 5/8/17) (ACTION DELAYED 1 WEEK TO 5/15/17, 7-0) Fact Sheet (217K) Attachment (1034K) Motion To Amend (6K) Substitute (35K) Substitute Attachment (1035K) 36) 17-58 Creating Alley Re-Paving District No. 51 from 18th Street to Antelope Valley Parkway between O and N Streets. (PASSED, 7-0; #20487) Fact Sheet (332K) 37) 17-59 Text Amendment 17003 Amending Chapter 27.67 of the Lincoln Municipal Code relating to Parking by amending Section 27.67.030 to allow parking in the front yard in the R-4, R-5, R-6, and R-7 zoning districts when the property is used for single family dwellings, two family dwellings, and townhouses and to allow required parking spaces to be stacked, and repealing Section 27.67.030 as hitherto existing. (PASSED, 7-0; #20488) Fact Sheet (36K) 38) 17-61 Approving a Real Estate Sales Agreement between the City of Lincoln and Kirk Havranek for the sale of City owned properties generally located at 5122, 5132, and 5142 Betty Lou Boulevard. (PASSED, 7-0; #20489) Fact Sheet (418K) Attachment (1527K) 39) 17R-112 Approving the Nature's Variety Phase One Redevelopment Agreement between the City of Lincoln and Nature's Variety, Inc. relating to the redevelopment of Lots 4-6, Block 1, EDM Industrial Center Addition, Lincoln, Lancaster County, Nebraska, generally located at 311, 321, and 333 Southwest 32nd Street, for the construction of an approximately 24,000 square foot freeze-drying facility. (Related Items: 17R-112, 17R-111, 17-60) (Action Date: 5/8/17) (ADOPTED, 7-0; A-90458) Fact Sheet (342K) Attachment (19641K) 40) 17R-111 Amending the FY 16/17 CIP to authorize and appropriate $275,000.00 in TIF funds for the Nature's Variety Phase One Project. (Related Items: 17R-112, 17R-111, 17-60) (Action Date: 5/8/17) (ADOPTED, 7-0; A-90459) Fact Sheet (343K) 41) 17-60 Authorizing the issuance of Tax Allocation Bonds for the Nature's Variety Phase One Project. (Related Items: 17R-112, 17R-111, 17-60) (PASSED, 7-0; #20490) RESOLUTIONS - 1ST READING (ITEMS 42 AND 43 HAD 1ST READING) 42) 17R-120 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of April 16-30, 2017. Fact Sheet (30K) Attachment (55K) 43) 17R-121 Appointing Walter L. Broer to the Lincoln City Library Board for a term expiring August 31, 2021. (Consent) Attachment (1775K) ORDINANCES - 1ST READING & RELATED RESOLUTIONS (ITEMS 44 AND 45 HAD 1ST READING) 44) 17-65 Text Amendment 17007 Amending Title 27 of the Lincoln Municipal Code (the Zoning Ordinance), by repealing Section 27.26.090 regarding the location of buildings, structures, parking, and access drives and the preservation of required open space in the O-2 Suburban Office District whenever the O-2 district extends further from the street than any abutting B-1, B-3, B-4, H-2, H-3, or I-1 district; amending Section 27.72.130 to delete an identical provision in Subsection (e); and repealing Section 27.72.130 as hitherto existing. Fact Sheet (208K) 45) 17-66 Change of Zone 17006 Application of Hartland Homes, Inc. for a change of zone from AGR Agricultural Residential District to R-3 Residential District on property generally located at Southwest 27th Street and West A Street. Fact Sheet (3454K) PENDING LIST - DATE CERTAIN 46) 17-51 Text Amendment 16020 Amending Title 27 of the Lincoln Municipal Code relating to the Zoning Code by amending Section 27.62.100(c)(2) to modify the front and side yard setbacks for car sales and remove conditions that are no longer needed; by amending Section 27.67.040 to create a new parking requirement for motorized vehicle sales for lots less than two acres; and repealing Sections 27.62.100(c)(2) and 27.67.040 of the Lincoln Municipal Code as hitherto existing. (4/10/17 - Public Hearing cont'd 3 weeks to 5/1/17) (5/1/17 - Action delayed 3 weeks w/ cont'd Public Hearing on 5/22/17) Fact Sheet (2290K) PENDING LIST - NONE 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 MAY, OPEN MICROPHONE SESSIONS WILL BE HELD ON MAY 8TH & 22ND. ADJOURNMENT 5:03 P.M. UPCOMING HEARINGS Hearing date of Monday, May 15, 2017 at 3:00 p.m. on the Application of O'Neill's Buzzsaw 3 LLC dba O'Neill's Buzzsaw 3 Bar for a Class C Liquor License at 5250 Cornhusker Hwy. *** The Lincoln City Council meets at 3 p.m. Mondays except for holidays. One meeting a month, usually the last one, begins at 5:30 p.m. All meetings are aired live on 5 CITY-TV and re-aired on Mondays at 7 p.m., Tuesdays at 12 a.m. and Saturdays at 12:30 p.m. 5 CITY-TV is available on Time Warner Cable(TWC)/Spectrum and Windstream Kinetic channel 5. TWC/Spectrum customers will need a digital cable box or digital adapter. Those with built-in digital cable tuners (QAM) will find the meetings on channel 71.14. The meetings are also streamed live on the Internet and available later through video-on-demand at lincoln.ne.gov (click on the 5 CITY-TV icon). *** 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.