
City of Lincoln
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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, AUGUST 14, 2017 AT 3:00 P.M. ALL MEMBERS PRESENT THE CITY COUNCIL MEETING SCHEDULED FOR MONDAY, AUGUST 21, 2017 AT 3:00 P.M. WILL NOW BE AT 5:30 P.M. 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-199 Reappointing Amir Azimi, Thomas Christie, and Tom McFarland to the Multicultural Advisory Committee for terms expiring September 18, 2020. (ADOPTED, 7-0; A-90619) 2) 17R-200 Reappointing Jeff Johnson to the Electrical Advisory & Appeals Board for a term expiring August 15, 2020. (ADOPTED, 7-0; A-90620) 3) Clerk's Letter and Mayor's Approval of Resolution and Ordinances passed by City Council on July 31, 2017. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 4) Setting the hearing date of Monday, August 28, 2017 at 5:30 p.m. on the Application of Global Warming Inc dba The Mill Coffee & Tea for an addition of an area measuring approx. 47' X 42' to the licensed premise at 2021 Transformation Drive, Suite 1300 & 1350. (ADOPTED, 7-0; A-90621) 5) Setting the hearing date of Monday, August 28, 2017 at 5:30 p.m. on the Manager Application of Joseph J. Raimi for Hopcat - Lincoln LLC dba Hopcat at 601 P Street. (ADOPTED, 7-0; A-90622) 6) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment No. 17046, to Change of Zone No. 16036, Wilderness Hills Commercial PUD, approved by the Planning Director on August 2, 2017, to increase the maximum number of dwelling units on Lot 17 to 175, generally located at S. 30th Street and Wilderness Hills Boulevard. Administrative Amendment No. 17050, to Special Permit No. 1342A, Capital Tower Personal Wireless Facility, approved by the Planning Director on August 3, 2017, to waive the screening as required by Design Standards Chapter 3.50, Section 7.9 due to the remote location of the tower and the lack of surrounding land uses, generally located at 341 W. Calvert Street, near the intersection of Homestead Expressway & W. Calvert Street. 7) MISCELLANEOUS REFERRALS - NONE - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 8) Application of Global Warming, Inc. dba The MillCoffee & Teafor a Class C liquor license at 330 South 21st Street. (ADOPTED FOR APPROVAL, 7-0; A-90623) 9) Manager Application of Tamara S. Sloan for Global Warming, Inc. dba The MillCoffee & Teaat 330 South 21st Street. (ADOPTED FOR APPROVAL, 7-0; A-90624) 10) Manager Application of Chad D. Pitlik for TDP Phase Two, LLC dba Hyatt Place Lincoln Haymarket at 600 Q Street. (ADOPTED FOR APPROVAL, 7-0; A-90625) PUBLIC HEARING - RESOLUTIONS 11) 17R-201 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of July 16-31, 2017. (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-90626) Fact Sheet (30K) Attachment (60K) 12) 17R-192 Approving a Contract between the City of Lincoln and Carson+Co Global for Comprehensive Residential and Commercial Recycling Communication, Education, Engagement and Behavior Change Initiative, pursuant to RFP No. 17-116, for a three year term with the option to renew for one additional three year term. (7/31/17 - Action Delayed w/ Cont'd Public Hearing 2 weeks to 8/14/17)(MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 6-1; AYES: CAMP, CHRISTENSEN, ESKRIDGE, GAYLOR BAIRD, RAYBOULD, SHOBE; NAYS: LAMM; A-90627) Fact Sheet (318K) Attachment (26222K) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (ITEMS 13 THRU 20 HAD 2ND READING) 13) 17-81 Adopting a new Chapter 24.12 to the Lincoln Municipal Code, to be called the Lincoln Plumbing Code, incorporating the 2012 edition of the Uniform Plumbing Code as amended and repealing Chapter 24.10 of the Lincoln Municipal Code in its entirety. (Related Items: 17-81, 17R-180) Fact Sheet (27K) 14) 17R-180 Adopting the Plumbing Systems Permit Fee Schedules for the Plumbing Code. (Related Items: 17-81, 17R-180) (Action date: 8/21/17) Fact Sheet (26K) Attachment (38K) 15) 17-82 Adopting a new Chapter 25.06 to the Lincoln Municipal Code, to be called the Lincoln Mechanical Code, incorporating the 2012 edition of the International Mechanical Code as amended and repealing Chapter 25.04 of the Lincoln Municipal Code in its entirety. (Related Items: 17-82, 17-83, 17-84, 17R-177) Fact Sheet (27K) 16) 17-83 Adopting a new Chapter 24.08 to the Lincoln Municipal Code, to be called the Lincoln Hydronics Code, incorporating Chapter 12 of the 2012 edition of the Uniform Mechanical Code as amended into Title 24 of the Lincoln Municipal Code.(Related Items: 17-82, 17-83, 17-84, 17R-177) Fact Sheet (27K) 17) 17-84 Adopting a new Chapter 25.12 to the Lincoln Municipal Code, to be called the Lincoln Fuel Gas Code, incorporating the 2012 edition of the International Fuel Gas Code as amended and repealing Chapter 25.10 of the Lincoln Municipal Code in its entirety.(Related Items: 17-82, 17-83, 17-84, 17R-177) Fact Sheet (27K) 18) 17R-177 Adopting the Mechanical Systems Permit Fee Schedules for the Mechanical Code and the Fuel Gas Code.(Related Items: 17-82, 17-83, 17-84, 17R-177)(Action date: 8/21/17) Fact Sheet (27K) Attachment (43K) 19) 17-101 Approving the transfer of funds to allow the City to pay off obligations with the Nebraska Department of Transportation on the South Beltway project. (Related Items: 17-101, 17R-202) Fact Sheet (334K) 20) 17R-202 Approving Supplemental Agreement No. 3 between the City of Lincoln, Lancaster County, and the Nebraska Department of Transportation for the South Beltway project.(Related Items: 17-101, 17R-202)(Action date: 8/21/17) Fact Sheet (293K) Attachment (7487K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS 21) 17-99 Comp. Plan Conformance 17011 Declaring approximately 1,875 square feet of property generally located at 2143 O Street as surplus property.(PASSED, 7-0; #20520) Fact Sheet (1989K) 22) 17-95 Annexation 17008 Amending the Lincoln Corporate Limits Map by annexing approximately 23.94 acres of property generally located at Northwest 12th Street and Highway 34. (Related Items: 17-95, 17-96)(PASSED, 7-0; #20521) Fact Sheet (2875K) Attachment (229K) 23) 17-96 Change of Zone 17018 Application of Starostka-Lewis, LLC for a change of zone from AG Agricultural District to R-3 Residential District on property generally located at Northwest 12th Street and Highway 34. (Related Items: 17-95, 17-96)(PASSED, 7-0; #20522) Fact Sheet (1989K) 24) 17-97 Annexation 17009 Amending the Lincoln Corporate Limits Map by annexing approximately 20.47 acres of property generally located at South 70th Street and Rokeby Road. (Related Items: 17-97, 17-98)(PASSED, 7-0; #20523) Fact Sheet (2875K) Attachment (229K) 25) 17-98 Change of Zone 17019 Application of Rokeby Holdings, LLC for change of zone from AG Agricultural District to R-3 Residential District on property generally located at South 70th Street and Rokeby Road. (Related Items: 17-97, 17-98) (PASSED, 7-0; #20524) Fact Sheet (1989K) RESOLUTIONS - 1ST READING (ITEMS 26 & 27 HAD 1ST READING) 26) 17R-204 Authorizing the Mayor to execute an Agreement between the City of Lincoln and the State of Nebraska Department of Roads (NDOR) so that Federal Funds may be used for construction and construction engineering of the Holdrege Street, 47th to 70th Street Rehabilitation Project. Project No. LCLC-5244(9), CN 13382. (Consent) Fact Sheet (403K) Attachment (5754K) 27) 17R-205 Approving a Service Agreement between the City of Lincoln, on behalf of the Lincoln-Lancaster County Health Department, and Lincoln Public Schools to allow the use of LPS facilities for emergency mass clinic operations. (Consent) Fact Sheet (403K) Attachment (5754K) ORDINANCES - 1ST READING & RELATED RESOLUTIONS (ITEMS 28 THRU 47 HAD 1ST READING) 28) 17-120 Ordinance authorizing and providing for the issuance of not to exceed $5,325,000 aggregate stated principal amount of general obligation stormwater refunding bonds of the City of Lincoln, Nebraska. 29) 17-121 Ordinance authorizing and providing for the issuance of not to exceed $15,300,000 aggregate stated principal amount of sanitary sewer refunding bonds of the City of Lincoln, Nebraska. 30) 17-122 Ordinance authorizing the City of Lincoln, Nebraska to enter into a lease-purchase transaction with Union Bank and Trust Company, Lincoln, Nebraska for the acquisition of street lights for the City. 31) 17-123 Approving the close out of completed construction projects and transfer of unspent appropriations and cash (if any) from various projects to projects where additional funding is needed within the Public Works & Utilities Department and the Parks & Recreation Department. Fact Sheet (243K) 32) 17-102 Amending Chapter 2.76 of the Lincoln Municipal Code relating to Personnel System by amending Section 2.76.040 Definitions to clarify language regarding what constitutes a promotion for employees. Fact Sheet (243K) 33) 17-103 Amending Chapter 2.76 of the Lincoln Municipal Code relating to Personnel System by amending Section 2.76.370 Authorized Holidays to amend language regarding Personal Holiday increments. Fact Sheet (243K) 34) 17-104 Amending the pay schedules for certain employee groups by adjusting the pay range schedules for employees whose classifications are assigned to the pay ranges prefixed by the letter "E" to be effective August 24, 2017. Fact Sheet (243K) Attachment (1078K) 35) 17-105 Amending the pay schedules for certain employee groups by adjusting the pay range schedules for employees whose classifications are assigned to the pay ranges prefixed by the letter "W" to be effective August 24, 2017. Fact Sheet (243K) Attachment (1078K) 36) 17-111 Amending the pay schedule for the "X" classifications to delete the classifications of "Legal Secretary I", "Employment Clerk", and "Benefits Clerk". Fact Sheet (243K) 37) 17-106 Amending the pay schedules for certain employee groups by adjusting the pay range schedules for employees whose classifications are assigned to the pay ranges prefixed by the letter "X" to be effective August 24, 2017. Fact Sheet (243K) 38) 17-107 Ordinance revising and simplifying the Excluded "X" pay plan. Fact Sheet (243K) Attachment (1022K) 39) 17-112 Amending the pay schedules for certain employee groups by adjusting the pay range schedules for "P" classifications to be effective August 24, 2017. Fact Sheet (243K) Attachment (1078K) 40) 17-113 Amending the pay schedules for certain employee groups by adjusting the pay range schedules for "N" classifications to be effective August 24, 2017. Fact Sheet (243K) Attachment (1078K) 41) 17-114 Amending the pay schedules for certain employee groups by adjusting the pay range schedules for "A" classifications to be effective August 24, 2017. Fact Sheet (232K) Attachment (2462K) 42) 17-115 Amending the pay schedules for certain employee groups by adjusting the pay range schedules for "C" classifications to be effective August 24, 2017. Fact Sheet (233K) Attachment (2250K) 43) 17-116 Amending the pay schedules for certain employee groups by adjusting the pay range schedules for "B" classifications to be effective August 24, 2017. Fact Sheet (233K) Attachment (2250K) 44) 17-117 Amending the pay schedules for certain employee groups by adjusting the pay range schedules for "M" classifications to be effective August 24, 2017. Fact Sheet (233K) Attachment (2250K) 45) 17-119 Change of Zone 17017 Application of Alpha Epsilon Assn. of Theta Xi to designate the Theta Xi Fraternity House as a Landmark, changing the zoning district from B-4 Lincoln Center Business to B-4 Lincoln Center Business with Landmark Overlay, on property generally located at 1535 R Street. Fact Sheet (233K) Attachment (2250K) 46) 17-118 Text Amendment 17011 Amending Title 27 of the Lincoln Municipal Code ("Zoning Code") by amending Section 27.63.110, relating to the approval of a special permit for Garden Centers in the AG zoning district, to provide that the City Council may allow more than one freestanding sign per frontage for garden centers when two or more tenants/lessees operate the garden center on behalf of the owner and the tenants/lessees have separate entrances along the same frontage; and repealing Section 27.63.110 of the Lincoln Municipal Code as hitherto existing. (Related Items: 17-118, 17R-203) Fact Sheet (240K) 47) 17R-203 Special Permit No. 06022A Application of William Alan LLC, to amend Special Permit 06022 to allow a Garden Center operated by two tenants/lessees of the owner to have two freestanding signs on South 14th Street with one sign located at each tenant/lessee entrance on property generally located at 10901 South 14th Street. (Related Items: 17-118, 17R-203)(Action Date: 8/28/17) Fact Sheet (240K) PENDING LIST - DATE CERTAIN 48) 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) Fact Sheet (240K) 49) 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 (233K) Attachment (2250K) PENDING LIST 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 (233K) Attachment (2250K) 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 (233K) Attachment (2250K) 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 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 (233K) Attachment (2250K) 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 AUGUST, OPEN MICROPHONE SESSIONS WILL BE HELD ON AUGUST 14TH & 28TH. ADJOURNMENT 6:20 P.M. UPCOMING HEARINGS Hearing date of Monday, August1421, 2017 at3:005:30 p.m. on the Application of Murphy Oil USA Inc. dba Murphy Express #8781 for a Class D Liquor License at 3301 N 85th Street. Hearing date of Monday, August 21, 2017 at 5:30 p.m. on the Application of One Family LLC dba Alsultan Lounge for a Class CCS Liquor License at 1619 O Street. *** 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.