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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, FEBRUARY 22, 2016 AT 3:00 P.M. MAYOR'S AWARD OF EXCELLENCE - CANCELLED 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) 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. (ADOPTED, 7-0; A-89498) Fact Sheet (106K) Attachment (512K) 2) 16R-34 Repealing Resolution No. A-74329 adopted August 12, 1991 relating to the City's
Performance AuditInternal Audit Review Committee due to the committee's functions being severely limited due to reallocation of resources. (ADOPTED, 7-0; A-89499) Fact Sheet (30K) 3) 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. (ACTION DELAYED FOR 1 WEEK TO 02/29/16, 7-0) Fact Sheet (31K) 4) Clerk's Letter and Mayor's Approval of Resolution and Ordinances Passed by City Council on February 1, 2016. (PLACED ON FILE) 5) Clerk's Letter and Mayor's Approval of Resolution and Ordinances Passed by City Council on February 8, 2016. (PLACED ON FILE) 6) Lincoln Electric System Financial & Operating Statement for January, 2016. (PLACED ON FILE) 7) Report from City Treasurer of Franchise Fees from Black Hills Corporation for the months of October & November, 2015. (PLACED ON FILE) 8) Report from City Treasurer of 911 Surcharges for the months of September, October, November, & December 2015. (PLACED ON FILE) 9) Report of Lincoln Water & Wastewater Systems Fiscal Year 2014-15 Audits. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 10) Informal Paving Petition for paving of Saunders Avenue between 12th & 13th Streets submitted by Ed Grubbs. (REFERRED TO PUBLIC WORKS) 11) Setting the hearing date of Monday, March 7, 2015 at 3:00 p.m. on the Manager Application of Rodger E. Addison for Lakes Ventures LLC dba Fresh Thyme Farmers Market at 5220 O Street. (ADOPTED, 7-0; A-89500) 12) Setting the hearing date of Monday, March 7, 2015 at 3:00 p.m. on the Application of Rachel Rise-Mattson dba The Top Hat Tavern for a Class I Liquor License at 736 West Cornhusker Highway. (ADOPTED, 7-0; A-89501) 13) Setting the hearing date of Monday, March 7, 2015 at 3:00 p.m. on the Application of Bison Courtside LLC dba Courtside Banquet Hall, holder of a Class C Liquor License for a change of location from 710 Hill Street to 333 Speedway Circle #2. (ADOPTED, 7-0; A-89502) 14) Setting the hearing date of Monday, March 7, 2015 at 3:00 p.m. on the Application of Shopko Stores Operating Co LLC dba Shopko 172 for a Class B Liquor License at 3400 North 27th Street. (ADOPTED, 7-0; A-89503) 15) Setting the hearing date of Monday, March 7, 2015 at 3:00 p.m. on the Application of Shopko Stores Operating Co LLC dba Shopko 39 for a Class B Liquor License at 4200 South 27th Street. (ADOPTED, 7-0; A-89504) 16) REFERRED TO THE PLANNING DEPARTMENT: Change of Zone No. 16001, requested by Rokeby Holdings, LTD., from AG (Agricultural District) to R-3 (Residential District) for approximately 28.87 acres of land, more or less, associated with the Grandview Estates Community Unit Plan, on property generally located at South 70th Street and Rokeby Road. 17) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment No. 16003 to Change of Zone #15003, Vavrina Meadows Planned Unit Development, approved by the Planning Director on February 3, 2016, requested by REGA Engineering, to add a note stating that commercial uses are acceptable within R-3 zoning in Lots 2 and 4, Block 1, generally located at South 14th Street and Yankee Hill Road. Administrative Amendment No. 16004 to Special Permit #15014, Maker's Row, approved by the Planning Director on February 8, 2016, requested by The Clark Enersen Partners, to revise the location of Lot 2 and adjust parking stall locations, generally located at North 14th Street and Indigo Road. Administrative Amendment No. 16005 to Special Permit #500B, Educational Environments, Inc., approved by the Planning Director on February 10, 2016, requested by Kelly Seacrest and Peter Stegen, to rescind Special Permits #500 and #500B, generally located at Austin Drive and Antelope Creek Road. 18) MISCELLANEOUS REFERRALS - NONE - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 19) Application of Fucor, Inc. dba Venue Restaurant & Lounge for a Class C liquor license at 129 North 10th Street, Suite 115. (ADOPTED FOR APPROVAL, 7-0; A-89505) 20) Manager Application of Justin B. Cooksley for Fucor, Inc. dba Venue Restaurant & Lounge at 129 North 10th Street, Suite 115. (ADOPTED FOR APPROVAL, 7-0; A-89506) 21) Manager Application of Jason L. Johnson for JJ's Lounge, LLC dba The Lounge at 2001 West O Street. (ADOPTED FOR APPROVAL, 7-0; A-89507) PUBLIC HEARING - RESOLUTIONS 22) 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, 2016. (ADOPTED, 7-0; A-89508) Fact Sheet (30K) Attachment (61K) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (ITEMS 23 THROUGH 33 HAD 2ND READING) 23) 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) 24) 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) 25) 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) 26) 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) 27) 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) 28) 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. (Related Items: 16R-28, 16R-29, 16-6) Fact Sheet (11K) Attachment (1829K) 29) 16R-29 Amending the FY 15/16 CIP to authorize and appropriate $825,000.00 in TIF funds for the Antelope Square Redevelopment Project. (Related Items: 16R-28, 16R- 29, 16-6) Fact Sheet (10K) 30) 16-6 Authorizing the issuance of Tax Allocation Bonds for the Antelope Square Redevelopment Project. (Related Items: 16R-28, 16R-29, 16-6) 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. (Related Items: 16R-30, 16R-31, 16-7) 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. (Related Items: 16R-30, 16R- 31, 16-7) Fact Sheet (39K) 33) 16-7 Authorizing the issuance of Tax Allocation Bonds for the SSH Architecture Redevelopment Project. (Related Items: 16R-30, 16R-31, 16-7) Fact Sheet (59K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS 34) 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) (MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 6-1; FELLERS DISSENTING; A-89509) Fact Sheet (59K) Attachment (580K) 35) 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) (AMENDMENT TO MTA#1 ADOPTED, 6-1; FELLERS DISSENTING; MTA #1 ADOPTED AS AMENDED, 6-1; FELLERS DISSENTING; PASSED AS AMENDED, 6-1; FELLERS DISSENTING; #20291) Fact Sheet (83K) Attachment (594K) 36) 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) (ADOPTED, 6-1; FELLERS DISSENTING; A-89510) Fact Sheet (53K) Attachment (3964K) 37) 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) (PASSED, 6-1; FELLERS DISSENTING; #20292) Fact Sheet (58K) 38) 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) (MTA #1 ADOPTED, 7-0; ADOPTED, 7-0; A-89511) Fact Sheet (16295K) MAYOR'S VETO OF RESOLUTION NO. A-89497 39) 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 OVERRIDE MAYOR'S VETO LOST, 4-3; ESKRIDGE, GAYLOR BAIRD, RAYBOULD DISSENTING; MAYOR'S VETO STANDS) Fact Sheet (53K) RESOLUTIONS - 1ST READING (ITEMS 40 THROUGH 44 HAD 1ST READING) 40) 16R-33 Directing submittal to the electors of the City of a proposed general obligation bond issue for construction of improvements to the City's storm sewer system at the May 10, 2016 primary election. 41) 16R-36 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of February 1-15, 2016. Fact Sheet (30K) Attachment (67K) 42) 16R-39 Approving a resolution requiring the annual publication of total wage and salary information for City of Lincoln employees. Fact Sheet (47K) 43) 16R-37 Special Permit 04016A Appeal of Derek Schroeder and Derek Zimmerman from the Planning Commission's conditional approval to construct a multi-story, climate-controlled indoor self-storage building and increase the allowable floor area to 197,200 sq. ft., on property generally located at Northwoods Drive and Colby Street. Fact Sheet (5477K) 44) 16R-38 Approving an agreement between the City of Lincoln and Nebraska Department of Roads for a federal-aid project grant in the amount of $600,000.00 for the implementation of a Bike Share Program. Fact Sheet (435K) Attachment (12886K) ORDINANCES - 1ST READING & RELATED RESOLUTIONS (ITEMS 45 THROUGH 48 HAD 1ST READING) 45) 16-15 Approving (1) amendment to the Master Site Lease from the City and the County of Lancaster, Nebraska to the Lincoln-Lancaster County Public Building Commission; (2) amendment to the Master Lease Agreement from the Commission to the County and the City; and (3) the issuance of the Commission's Tax Supported Lease Rental Revenue Bonds, Series 2016. 46) 16-14 Amending the pay schedule for the employee group whose classifications are assigned to the pay range which is prefixed by the letter "M" by reestablishing the pay range of M56 and assigning class code 3017 to the existing Battalion Chief classification for those employees working the 56 hour work week. Fact Sheet (29K) 47) 16-16 Amending Title 2 of the Lincoln Municipal Code relating to Officers, Departments and Personnel by adding a new Section numbered 2.04.060 requiring the reporting of contracts to the City Council and adding a new Section 2.18.080 requiring the pre-qualification of firms providing services to the City. Fact Sheet (41K) 48) 16-13 Approving a Real Estate Purchase Agreement between the City of Lincoln and C Street, LLC for the sale of City owned property generally located at the southwest corner of Superior Street and Lewis Avenue. Fact Sheet (61K) Attachment (134K) PENDING LIST - DATE CERTAIN 49) 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) (2/8/16 - Action delayed for 4 weeks to 3/7/16) (Request to delay action for 1 week to 3/14/16) Fact Sheet (64K) Attachment (20M) PENDING LIST (EXTENDED ONE WEEK) 50) 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 5:00 P.M. UPCOMING HEARINGS 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. *** 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.