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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, FEBRUARY 8, 2016 AT 3:00 P.M. DUE TO THE OBSERVANCE OF PRESIDENT'S DAY, THE CITY COUNCIL WILL NOT MEET ON MONDAY, FEBRUARY 15, 2016 ALL MEMBERS PRESENT MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF DECEMBER, 2015 WAS PRESENTED TO A TEAM OF OFFICERS, TIMOTHY CARMICHAEL, DONALD FOSLER, KRISSA KNOPIK, CYNTHIA KNOPIK, CYNTHIA KOENIG-WARNKE, TIMOTHY MIKA, AND DAVID WIGGINS FROM THE TECHNICAL INVESTIGATION UNIT FOR THE OPERATIONS DIVISION OF THE POLICE DEPARTMENT IN THE CATEGORY OF PRODUCTIVITY. PURPLE HEART CITY PROCLAMATION CITY OF LINCOLN WAS DESIGNATED AS A PURPLE HEART CITY BY CHAPTER 200 OF THE MILITARY ORDER OF THE PURPLE HEART. 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) 16R-18 Reappointing Emily Casper and Michele Tilley to the Urban Design Committee for terms expiring February 1, 2019. (ADOPTED, 7-0; A-89483) 2) 16R-19 Reappointing Jerry L. Hudgins and Vicki Huff to the Lincoln Electric System Administrative Board for terms expiring December 31, 2018. (ADOPTED, 7-0; A-89484) 3) 16R-20 Appointing Doug Kreifels to the Board of Mechanical Examiners for a term expiring April 4, 2017. (ADOPTED, 7-0; A-89485) Attachment (36K) 4) 16R-21 Appointing Melissa Wilkerson to the Veterans Memorial Garden Advisory Council for a term expiring November 1, 2017. (ADOPTED, 7-0; A-89486) Attachment (30K) 5) 16R-22 Approving a multi-year contract between Union College and the City of Lincoln on behalf of the Lincoln- Lancaster County Health Department to allow nursing students to utilize service programs at the Lincoln- Lancaster Health Department to fulfill requirements of their community health nursing course for their bachelor's degrees in nursing. (ADOPTED, 7-0; A-89487) Fact Sheet (67K) Attachment (267K) 6) Clerk's Letter and Mayor's approval of Resolution and Ordinances passed by City Council on January 11, 2016. (PLACED ON FILE) 7) Report from City Treasurer of City Cash on Hand at the Close of Business November 30, 2015. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 8) Setting the hearing date of Monday, February 22, 2016 at 3 p.m. on the Application of Fucor Inc dba Venue Restaurant & Lounge for a Class C Liquor License at 129 North 10th Street, Suite 115. (ADOPTED , 7-0; A-89488) 9) Setting the hearing date of Monday, February 22, 2016 at 3 p.m. on the Manager Application of Jason L Johnson JJ's Lounge LLC dba The Lounge at 2001 West O Street. (ADOPTED , 7-0; A-89489) 10) Setting the hearing date of Monday, February 29, 2016 at 5:30 p.m. on the Application of Appian Way Lodging LLC dba Fairfield Inn and Suites for a Class I Liquor License at 8455 Andermatt Drive. (ADOPTED , 7-0; A-89490) 11) THE FOLLOWING WERE REFERRED TO PLANNING: Change of Zone No. 15036, requested by REGA Engineering, requesting a change of zone from AGR Agricultural Residential District and AG Agriculture District to R-4 Residential District, on property generally located at SW 30th Street and West A Street. Special Permit No. 15072, requested by REGA Engineering, for a Community Unit Plan consisting of 3 lots with up to 582 multi-family units, with waivers to increase the building height from 35 feet to 40 feet and reduce the front yard setbacks adjacent to private roadways from 25 feet to 15 feet, on property generally located at SW 30th Street and West A Street. Text Amendment No. 16001, requested by Lincoln Airport Authority, amending Chapter 27.59 of the Lincoln Municipal Code relating to Airport Zoning Regulations to extend the approach zone from 3 miles to a new limit of 10 miles, establish the area included within the airport hazard area, revise existing definitions and add new definitions, and other changes to be in accordance with the passage of Nebraska Legislative Bill (LB) 140, and repealing Sections 27.59.010 through 27.59.040, 27.59.060 through 27.59.090, 27.59.110, 27.59.120, 27.59.140 and 27.59.150 of the Lincoln Municipal Code as hitherto existing. Text Amendment No. 16002, requested by Lincoln Airport Authority, amending Article 18 of the Lancaster County Zoning Regulations relating to Special Height and Use Near Airports to extend the approach zone from 3 miles to a new limit of 10 miles, establish the area included within the airport hazard area, revise existing definitions and add new definitions, and other changes to be in accordance with the passage of Nebraska Legislative Bill (LB) 140, and repealing and adding various sections within Article 18 of the Lancaster County Zoning Regulations as hitherto existing. 12) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment No. 16002 to Special Permit No. 872H, Firethorn Community Unit Plan, approved by the Planning Director on January 27, 2016, requested by Olsson Associates, to adjust the rear setback for Lots 54-65 from 20' to 10' and to and to add a note regarding the setback to accessory buildings on outlots, generally located at South 84th Street and Van Dorn Street. 13) MISCELLANEOUS REFERRALS - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 14) Application of HopCat-Lincoln, LLC dba HopCat for a Class C liquor license at 601 P Street. (ADOPTED FOR APPROVAL, 7-0; A-89491) 15) Manager Application of Garrett Lomeli for HopCat- Lincoln, LLC dba HopCat at 601 P Street. (ADOPTED FOR APPROVAL, 7-0; A-89492) 16) Manager Application of Miranda R. Lies for Kinseth Hotel Corporation dba Hampton Inn at 7343 Husker Circle. (ADOPTED FOR APPROVAL, 7-0; A-89493) 17) Manager Application of Michelle Cobb for Kinseth Hotel Corporation dba Residence Inn at 5865 Boboli Lane. (ADOPTED FOR APPROVAL, 7-0; A-89494) 18) Manager Application of Kenneth C. Iverson for Richmond Rollins, LLC dba Barry's Bar at 235 North 9th Street. (ADOPTED FOR APPROVAL, 7-0; A-89495) 19) Manager Application of Fredric F. Frost for Sam's West, Inc. dba Sam's Club #4873 at 8480 Andermatt Drive. (ADOPTED FOR APPROVAL, 7-0; A-89496) PUBLIC HEARING - RESOLUTIONS 20) 15R-245 Appeal by Carl Eskridge of the StarTran Advisory Board action approving the Transit Development Plan (TDP) and the near-term route changes that are part of the TDP. (12/14/15 - Public Hearing & Action continued to 2/8/16) (ACTION DELAYED FOR 4 WEEKS TO 03/07/16, 7-0) Fact Sheet (64K) Attachment (20M) 21) 16R-26 Directing submittal to the electors of the City a proposed Charter Amendment amending Article VII, Section 2 of the Charter relating to contracts for professional services to provide that the City Council may, by ordinance, establish procedures and criteria to be followed by the mayor, department heads, and the purchasing division in selecting firms or other entities to provide professional services and in making and approving awards and contracts therefor. (MOTION TO ACCEPT SUB RESO. ADOPTED, 6-1; RAYBOULD DISSENTING;
MTA#2MTA#1 ADOPTED, 5-2; ESKRIDGE, RAYBOULD DISSENTING; MOTION TO REFER LOST, 3-4; CAMP, CHRISTENSEN, FELLERS, LAMM DISSENTING; ADOPTED AS AMENDED 4-3; ESKRIDGE, GAYLOR BAIRD, RAYBOULD DISSENTING, 4-3; A-89497) Fact Sheet (53K) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (ITEMS 22 THROUGH 26 HAD 2ND READING) 22) 16R-24 Establishing an Enhanced Employment Area necessary to impose an occupation tax as part of a Development Project at SouthPointe Pavilions. (Related Items: 16R-24, 16-4, 16R-25, 16-5, 16R-23) (Action Date: 2/22/16) Fact Sheet (59K) Attachment (580K) 23) 16-4 Authorizing a one percent (1%) occupation tax, effective January 1, 2017, on gross receipts for retail establishments at SouthPointe Pavilions within the designated Enhanced Employment Area to be used to pay for construction and maintenance of a public parking garage to be located at SouthPointe Pavilions. (Related Items: 16R-24, 16-4, 16R-25, 16-5, 16R-23) Fact Sheet (83K) Attachment (594K) 24) 16R-25 Approving a Development Agreement between the City of Lincoln, R.E.D. Development, and Powder Mountain, LLC related to construction of a new Scheels store and other retail space at SouthPointe Pavilions in addition to public parking garage within SouthPointe Pavilions. (Related Items: 16R-24, 16-4, 16R-25, 16-5, 16R-23) (Action Date: 2/22/16) Fact Sheet (53K) Attachment (3964K) 25) 16-5 Authorizing the issuance of City of Lincoln SouthPointe Pavilions Project Tax Allocation Bonds in an amount not to exceed $19,950,000. (Related Items: 16R-24, 16-4, 16R-25, 16-5, 16R-23) Fact Sheet (58K) 26) 16R-23 Combined Special Permit/Use Permit 11H - Application of RED Capital Management, LLC and Powder Mountain, LLC to reflect the redevelopment of several areas of the SouthPointe Pavilions shopping center, including an increase in floor area, a reduction in the parking requirement, and an increase in building height located at the northeast corner of South 27th Street and Pine Lake Road. (Related Items: 16R-24, 16-4, 16R-25, 16-5, 16R-23) (Action Date: 2/22/16) Fact Sheet (16295K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS 27) 16-3 Change of Zone 15039 - Application of Jeffery & Elizabeth Heerspink, to designate the Betz-VanAndel houses as a Landmark, changing the zoning district from R-7 Residential to R-7 Residential with Landmark Overlay, on property generally located at 1037-1039 and 1045 South 13th Street. (PASSED, 7-0; #20290) Fact Sheet (3751K) Attachment (234K) RESOLUTIONS - 1ST READING (ITEMS 28 THROUGH 35 HAD 1ST READING) 28) 16R-27 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, 2015. Fact Sheet (30K) Attachment (61K) 29) 16R-28 Approving the Antelope Square Redevelopment Agreement between the City of Lincoln and Antelope Square, LLC relating to the redevelopment of property bounded by 22nd Street on the west, 23rd Street on the east, R Street on the north, and Q Street on the south for the construction of twenty-four attached single family dwellings. Fact Sheet (11K) Attachment (1829K) 30) 16R-29 Amending the FY 15/16 CIP to authorize and appropriate $825,000.00 in TIF funds for the Antelope Square Redevelopment Project. Fact Sheet (10K) 31) 16R-30 Approving the SSH Architecture Redevelopment Agreement between the City of Lincoln and Kevin and Mary Hittle relating to the redevelopment of property located at 6234 and 6240 Ballard Avenue for the construction of a new, approximately 10,800 square foot, building. Fact Sheet (54K) Attachment (3780K) 32) 16R-31 Amending the FY 15/16 CIP to authorize and appropriate $110,000.00 in TIF funds for the SSH Architecture Redevelopment Project. Fact Sheet (39K) 33) 16R-32 Approving an Interlocal Agreement between the Omaha- Council Bluffs Metropolitan Area Planning Agency and City of Lincoln to obtain digital map products including aerial photography and building footprints for Lancaster County. Fact Sheet (106K) Attachment (512K) 34) 16R-34 Repealing Resolution No. A-74329 adopted August 12, 1991 relating to the City's Performance Audit Committee due to the committee's functions being severely limited due to reallocation of resources. Fact Sheet (30K) 35) 16R-35 Repealing Resolution No. A-87447 adopted July 22, 2013 relating to the Pinnacle Bank Arena Advisory Committee due to the committee's functions being transferred to the Pinnacle Bank Arena Advisory Board established in the Lincoln Municipal Code. Fact Sheet (31K) ORDINANCES - 1ST READING & RELATED RESOLUTIONS (ITEMS 36 THROUGH 42 HAD 1ST READING) 36) 16-6 Authorizing the issuance of Tax Allocation Bonds for the Antelope Square Redevelopment Project. Fact Sheet (10K) 37) 16-7 Authorizing the issuance of Tax Allocation Bonds for the SSH Architecture Redevelopment Project. Fact Sheet (59K) 38) 16-8 Amending Chapter 9.44 of the Lincoln Municipal Code relating to Fireworks, by amending Section 9.44.020 to increase the penalty for the unlawful use of fireworks within the Lincoln City limits. Fact Sheet (31K) 39) 16-9 Ordinance amending Title 4 of the Lincoln Municipal Code by adding a new Chapter 4.68 relating to Boards and Commissions to establish the Pinnacle Bank Arena Advisory Board and repealing Section 2.10.040 relating to Pershing Manager; Authority from Title 2 of the Lincoln Municipal Code. Fact Sheet (32K) 40) 16-10 Ordinance amending Chapter 2.76 of the Lincoln Municipal Code relating to the Personnel System and Chapter 5.04 relating to Alcoholic Liquor, by amending Section 2.76.370, subsection (e), to remove reference to employee classifications "N" and "X" relating to personal holiday hours as subsection (f) relates to personal holiday hours for employee classifications "N" and "X"; and amending Section 5.04.250 to remove language referring to a repealed section; and repealing Section 2.76.370 and Section 5.04.250 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (32K) 41) 16-11 Ordinance amending Section 14.80.080 of the Lincoln Municipal Code relating to Director of Public Works and Utilities to Have General Control of Sidewalks to remove the requirement that property owners are responsible for the repair and replacement of adjoining sidewalks in order to bring the code into conformity with the City Charter, Art. VIII, Section 19; and repealing Section 14.80.080 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (32K) 42) 16-12 Ordinance amending Chapter 27.06 of the Lincoln Municipal Code relating to Use Groups by amending Section 27.06.170 to revise the Use Group Table to reflect that current Heavy Commercial Services Use Group for mini-warehouses are a permitted conditional use in the B-5 district as provided in Section 27.62.140(b)(2); and repealing Section 27.06.170 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (40K) PENDING LIST - DATE CERTAIN - NONE PENDING LIST (EXTENDED TWO WEEKS) 43) 15-134 Amending Chapter 2.06 of the Lincoln Municipal Code relating to the Mayor's authority to execute contracts by adding a new section numbered 2.06.120 requiring Council approval of non-bid contracts above $50,000.00. (11/16/15 -Delay Action W/ Public Hearing 3 weeks to 12/07/15) (12/7/15 - Action Delayed w/ continued Public Hearing 1 week to 12/14/15, 7-0) (12/14/15 - Action Delayed w/ continued Public Hearing to 1/11/16) (1/11/16 - Placed on Pending, No Date Certain) Fact Sheet (24K) 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 8TH & 29TH. ADJOURNMENT 9:30 P.M. UPCOMING HEARINGS - NONE *** 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) and Windstream Kinetic channel 5. TWC 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.