Lincoln City Council July 30, 2018 REPLAY

Open Agenda

Meeting Open 00:03:00


PUBLIC HEARING - CONSENT AGENDA 00:04:59

PUBLIC HEARING - CONSENT AGENDA Anyone wishing to address an item on the Consent Agenda may do so at this time. PUBLIC HEARING ON THE BUDGET - Immediately following the Regular Council Meeting, there will be Public Hearing on the One & Six Year Street & Highway Program, the Mayor’s Recommended 2018/20 Biennial Operating Budget, and the Capital Improvement Program for 2018/19 - 2023/24. A dinner break, if needed, is scheduled from 6:00 p.m. to 6:30 p.m. with adjournment at 10:30 p.m. 1. REPORTS OF CITY OFFICERS 1.a. Request of Public Works to set the hearing date of Monday, August 13, 2018 at 3:00 p.m. and place on the formal City Council Agenda the following: Bill 18R-179 - To provide the authority to order Alley Re-Paving District 52 constructed which runs from 16th to 17th Street between 'E' and 'F' Streets and assess the cost thereof against the benefitted property. (APPROVED, 7-0) Cover Page 1.b. Clerk's Letter & Mayor's Approval of Resolutions and Ordinances Passed by City Council on July 16, 2018. (PLACED ON FILE) Cover Page 1.c. Report from City Treasurer of 911 Surcharges for the month of June, 2018. (PLACED ON FILE) Cover Page 911 Surcharge Rpt for June 18.pdf 1.d. Report from City Treasurer of Allo (PEG) Public Education Government Fees for the month of May 31, 2018. (PLACED ON FILE) Cover Page Allo PEG Rpt for May 18.pdf 1.e. Report from City Treasurer of Franchise Fees from Black Hills Corporation for the Month of May, 2018. 2 (PLACED ON FILE) Cover Page BH Rpt for May 2018.pdf 2. PETITIONS & COMMUNICATIONS 2.a. Setting the hearing date of Monday, August 13, 2018 at 3:00 p.m. on the Application of Thirsty Mules, LLC dba The Copper Kettle for a Class CK Liquor License at 1320 O Street. (ADOPTED, 7-0; A-91156)


4. PUBLIC HEARING - LIQUOR RESOLUTIONS 00:06:00


4. PUBLIC HEARING - LIQUOR RESOLUTIONS 4.a. 00:06:14

4.a. Application of North American Martyrs Catholic Church for a special designated license to cover an outdoor area measuring approximately 200 feet by 200 feet at 1101 Isaac Drive on August 17, 2018 between 5:00 pm. and 10:00 p.m


4. PUBLIC HEARING - LIQUOR RESOLUTIONS 4.b.c. 00:07:26

4.b. Application of Fucor, Inc., dba Scottish Rite by Venue for Class C liquor license at 332 Centennial Mall South. 4.c. Manager Application of Michael Ritter for Fucor, Inc., dba Scottish Rite by Venue at 332 Centennial Mall South.


4. PUBLIC HEARING - LIQUOR RESOLUTIONS 4.d. 00:11:08

4.d. Application of SMG Food and Beverage LLC dba Pinnacle Bank Arena for a special designated license to cover an outdoor area measuring approximately 190 feet by 143 feet at Pinnacle Bank Arena at 400 Pinnacle Bank Arena Drive on August 18th from 1:30 p.m. - 7:30 p.m.; September 1st from 2p.m. - 8 p.m; September 8th from 9:30 a.m. - 3:30 p.m.; September 15th from 7 a.m. - Noon; September 29th from 7 a.m. - 2a.m.; October 20th from 7 a.m. - 2 a.m.; November 10th from 7 a.m. - 2 a.m., and November 17th from 7 a.m. - 2 a.m.


4. PUBLIC HEARING - LIQUOR RESOLUTIONS 4.e.f. 00:13:05

4.e. Application of Pro-Fit Performance Club Fitting, LLC dba Fairways at Lincoln for a Class I liquor license at 375 Fletcher Avenue. 4.f. Manager Application of James B. White for Pro-Fit Performance Club Fitting, LLC dba Fairways at Lincoln at 375 Fletcher Avenue.


4. PUBLIC HEARING - LIQUOR RESOLUTIONS 4.g.h. 00:14:39

4.g. Application of Jayden Properties, LLC dba Rock 'n' Joe Coffee Bar for a Class C liquor license at 5025 Lindberg Street. 4.h. Manager Application of Dennis G. Nienheuser for Jayden Properties, LLC dba Rock 'n' Joe Coffee Bar at 5025 Lindberg Street.


4. PUBLIC HEARING - LIQUOR RESOLUTIONS 4.i. 00:17:04

4.i. Manager Application of Steven A. Stutzman for SRS Inc., dba Arnold's Tavern at 6113 Havelock Avenue.


4. PUBLIC HEARING - LIQUOR RESOLUTIONS 4.j. 00:19:17

4.j. Manager Application of Mark Eggert for MMG Nebraska F&B Inc., dba Chili's Grill & Bar at 6730 South 27th Street.


- VOTE ON LIQUOR RESOLUTIONS - 00:20:37


5. PUBLIC HEARING - RESOLUTIONS 5.a. - 1st Part 00:22:12

5.a. 18R-154 Accepting a report of new and pending claims against the City for July 1 through July 15, 2018.


5. PUBLIC HEARING - RESOLUTIONS 5.b. 00:23:41

Establishing the annual salary of the Mayor for the years 2019 through 2023.


5. PUBLIC HEARING - RESOLUTIONS 5.c. 00:25:20

5.c. 18R-172 Authorizing the use of surplus funds from the City's one quarter cent sales tax for public safety to acquire new fire apparatus.


5. PUBLIC HEARING - RESOLUTIONS 5.d.e. 01:54:02

5.d. 18R-149 Approval of a Purchase Agreement between the City and American Nebraska, Limited Partnership, for the M Street Parking Garage generally located at 1318 M Street and including the assumption of the lease obligations for the underlying real property. 5.e. 18R-147 Approval of an Assignment Agreement between the City and Ralph Edwards Productions whereby Ralph Edwards Productions assigns to the City its lease of Lots 1-4 and 11-12, Block 65, Lincoln, Lancaster County, Nebraska, including the option to purchase said property from the underlying owner and authorization of the Mayor to exercise said option on behalf of the City.


VOTE ON RESOLUTIONS - 5.b. 02:04:00

Establishing the annual salary of the Mayor for the years 2019 through 2023.


VOTE ON RESOLUTIONS - 5.c. 02:04:29

5.c. 18R-172 Authorizing the use of surplus funds from the City's one quarter cent sales tax for public safety to acquire new fire apparatus.


VOTE ON RESOLUTIONS - 5.d. 02:05:40

5.d. 18R-149 Approval of a Purchase Agreement between the City and American Nebraska, Limited Partnership, for the M Street Parking Garage generally located at 1318 M Street and including the assumption of the lease obligations for the underlying real property.


VOTE ON RESOLUTIONS - 5.e. 02:06:26

5.e. 18R-147 Approval of an Assignment Agreement between the City and Ralph Edwards Productions whereby Ralph Edwards Productions assigns to the City its lease of Lots 1-4 and 11-12, Block 65, Lincoln, Lancaster County, Nebraska, including the option to purchase said property from the underlying owner and authorization of the Mayor to exercise said option on behalf of the City.


6. PUBLIC HEARING - ORDINANCES 2ND READING 6.a. 02:07:07

6.a. 18-78 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.


7. ORDINANCES - 3RD READING 7.a. 02:19:46

7.a. 18-74 Approving a Real Estate Sales Agreement between the City and Jason Minh Pham and Phuc My Nguyen for the sale of City owned property generally located at 1233 Garden Valley Road.


7. ORDINANCES - 3RD READING 7.b. 02:20:16

7.b. 18-75 Approving a License Agreement between the City and Verizon Wireless for the placement of telecommunications facilities on City property generally located at 1650 Memorial Drive.


7. ORDINANCES - 3RD READING 7.c. 02:20:44

7.c. 18-73 Comprehensive Plan Conformance 18013 - Application of Lincoln Electric System to amend the Lincoln-Lancaster 2040 Comprehensive Plan to declare property generally located at 1040 O Street as surplus.


7. ORDINANCES - 3RD READING 7.d. 02:21:16

7.d. 18-70 Comprehensive Plan Conformance 18012 - Amending the 2040 Lincoln-Lancaster County Comprehensive Plan by declaring approximately .7 acres as surplus property generally located at West B Street and South Folsom Street.


7. ORDINANCES - 3RD READING 7.e. 02:22:31

7.e. 18-71 Change of Zone 18016 - Application of the Parks and Recreation Department for a change from R-2 Residential District to P Public Use District on property generally located at West B Street and South Folsom Street.


7. ORDINANCES - 3RD READING 7.f. 02:23:07

7.f. 18-72 Street & Alley Vacation No. 18003 - Vacating a portion of West B Street right-of-way generally located at West B Street and South Folsom Street.


7. ORDINANCES - 3RD READING 7.g. 02:23:34

7.g. 18-76 Approving a Real Estate Purchase Agreement between the City on behalf of the Parks and Recreation Department and Mourning Hope for the sale of city owned property generally located at South Folsom and West ‘B’ Streets.


7. ORDINANCES - 3RD READING 7.h. 02:24:22

7.h. 18R-152 Approving the dedication of reconfigured park land for Schroder Park generally located at South Folsom and West B Streets. (Related Items: 18-70, 18-71, 18-72, 18-76,


8. RESOLUTIONS - 1ST READING 02:24:46

8. RESOLUTIONS - 1ST READING (ITEMS A. AND B. HAD FIRST READING) 8.a. 18R-177 Special Permit 18026 - Application of Sandra Harder for a licensed early childhood care facility, including a waiver of parking requirements, on property generally located at 2741 South 44th Street. Cover Page 18R-177 Resolution.pdf SP18026 - FACTSHEET.pdf 8.b. 18R-180 Agreement with Nebraska Dept. of Health & Human Services to complete fecal blood occult screening tests in the Health Dept. Lab for a term of July 9, 2018 through June 30, 2019 with the option to renew for 5 additional years wherein NDHHS shall pay the City up to $90,000 per year. Cover Page 18R-180 Resolution.pdf 18R-180 Attachment A - Interlocal Agreement - Colon Cancer Screening.pdf 18R-180 Factsheet.pdf


9. ORDINANCES - 1ST READING & RELATED RESOLUTIONS 02:24:50

9. ORDINANCES - 1ST READING & RELATED RESOLUTIONS (ITEMS A. THROUGH J. HAD FIRST READING) 9.a. 18-82 Change of Zone 18009 - Application of the Director of Lincoln-Lancaster County Planning Department for a change from I-1 Industrial District to H-3 Highway Commercial District PUD; from I-1 Industrial District to B-1 Local Business District PUD; from R-2 Residential District to H-3 Highway Commercial PUD; from R-5 Residential District to H-3 Highway Commercial District PUD; and from B-5 Planned Regional Business District to H-3 Highway Commercial District PUD, all with various waivers on properties generally located in the vicinity of the former Missouri Pacific Railroad corridor between Vine Street and North 66th Street. Cover Page 18-82 Ordiance.pdf 18-82 Exhibit A.pdf CZ18009 - FACTSHEET.pdf 9.b. 18-83 Annexation 18004 - Application of Southwest Folsom Development, LLC to annex approximately 42.49 acres on property generally located at the southwest corner of West Old Cheney Road and West Folsom Street. (Related Items: 18-83, 18R-178, 18-84) Cover Page 18-83 Ordinance.pdf 18-83 Attachment A.pdf 9 AN18004 + - FACTSHEET.pdf 9.c. 18R-178 Approval of an Annexation Agreement for Southwest Village Heights 1st Addition between the City and Southwest Folsom Development, LLC related to property generally located at the southwest corner of Old Cheney Road and South Folsom Street. (Related Items: 18-83, 18R-178, 18-84) (Action Date: 8/13/18) 18R-178 Resolution.pdf 18R-178 Attachment A.pdf 18R-178 Factsheet.pdf 9.d. 18-84 Change of Zone 18017 - Application of Southwest Folsom Development, LLC for a change from AG Agricultural District to R-3 Residential District on property generally located at the southwest corner of West Old Cheney Road and West Folsom Street. (Related Items: 18-83, 18R-178, 18-84) Cover Page 18-84 Ordinance.pdf CZ18017 + - FACTSHEET.pdf 9.e. 18R-174 Comprehensive Plan Amendment 15005 - Application of Lincoln Federal Bancorp, Inc. to amend the 2040 Lincoln-Lancaster County Comprehensive Plan to revise the Future Land Use Map, trail route, and commercial center designations in the vicinity of South 40th Street and Yankee Hill Road. (Related Items: 18R-174, 18-79, 18-80, 18R-175, 18-81, 18R-176) (Action Date: 8/13/18) Cover Page 18R-174 Resolution.pdf 18R-174 Exhibit A.pdf 18R-174 Exhibit B.pdf CPA15005 - FACTSHEET.pdf 9.f. 18-79 Change of Zone 15016A - Application of Lincoln Federal Bancorp, Inc. for a change of zone expanding the area included in the Wilderness Creek Planned Unit Development (PUD); amending the PUD from R-5 Residential District PUD to R-3 Residential District PUD; and from B-2 Planned Neighborhood Business District PUD to R-5 Residential District PUD; and approving a waiver for building height limitations from 35 feet to 55 feet on property generally located south of Yankee Hill Road between South 33rd and South 44th Streets. (Related Items: 18R-174, 18-79, 18-80, 18R-175, 18-81, 18R-176) 18-79 Ordinance.pdf CZ15016A - FACTSHEET.pdf 9.g. 18-80 10 Change of Zone 06075A - Application of Lincoln Federal Bancorp, Inc. for a change of zone amending the Wilderness Commons Planned Unit Development (PUD) to decrease the area included in the PUD by approximately 20 acres; to change the zoning designation for certain areas within the PUD from B-2 Planned Neighborhood Business District PUD to R-3 Residential District PUD; and from B-2 Planned Neighborhood Business District PUD to R-5 Residential District PUD; and to approve waivers of width requirements for public and private roadways, a waiver to allow double frontage lots, and a waiver of building height requirements within the PUD area, on property generally located west of South 40th Street and Wilderness Hills Boulevard. (Related Items: 18R-174, 18-79, 18-80, 18R-175, 18-81, 18R-176) Cover Page 18-80 Ordinance.pdf CZ06075A - FACTSHEET.pdf 9.h. 18R-175 Approval of an amendment to the Wilderness Commons Conditional Annexation and Zoning Agreement, approved as Resolution No. A-85188 on December 15, 2008, between the City and Lincoln Federal Bancorp, Assurity Life Insurance Company, B&J Partnership, Ltd, and Zentree II, LLC, related to property generally located south of Yankee Hill Road along the west side of S. 40th Street. (Related Items: 18R-174, 18-79, 18-80, 18R-175, 18-81, 18R-176) (Action Date: 8/13/18) Cover Page 18R-175 Resolution.pdf 18R-175 Attachment A.pdf 18R-175 Factsheet.pdf 9.i. 18-81 Change of Zone 07060B - Application of Lincoln Federal Bancorp, Inc. for a change of zone expanding the area included in the Wilderness Heights Planned Unit Development (PUD);amending the Wilderness Heights PUD for changes of zone to certain areas within the PUD from B-2 Planned Neighborhood Business District PUD to O-3 Office Park District PUD; B-2 Planned Neighborhood Business District PUD to B-2 Planned Neighborhood Business District PUD; R-3 Residential District to B-2 Planned Neighborhood Business District PUD; R-3 Residential District to R-3 Residential District PUD; R-3 Residential District to R-5 Residential District PUD; and B-2 Planned Neighborhood Business District PUD to R-5 Residential District PUD; and approving waivers to building height, setback, block length, and lot layout requirements throughout the PUD, on property generally located southeast of South 40th Street and Yankee Hill Road. (Related Items: 18R-174, 18-79, 18-80, 18R-175, 18-81, 18R-176) Cover Page 18-81 Ordinance.pdf CZ07060B - FACTSHEET.pdf 9.j. 18R-176 11 Approval of an amendment to the Wilderness Heights Conditional Annexation and Zoning Agreement, approved as Resolution No. A-85189 on December 15, 2008 and amended by Resolution A-87461, between the City and Lincoln Federal Bancorp related to property generally located southeast of Yankee Hill Road and South 40th Street. (Related Items: 18R-174, 18-79, 18-80, 18R-175, 18-81, 18R-176) (Action Date: 8/13/18) Cover Page 18R-176 Resolution.pdf 18R-176 Attachment A.pdf 18R-176 Factsheet.pdf


10. PENDING LIST - DATE CERTAIN 02:25:00

10. PENDING LIST - DATE CERTAIN 10.a. 18R-126 Approving an agreement among the City of Lincoln, the West Haymarket JPA, and TDP Phase I LLC whereby TDP Phase I LLC agrees to refund a portion of the TIF proceeds and rescinding the requirement that TDP Phase I continues to operate a Public Market Space as part of the TDP Phase I Redevelopment Project. (7/9/18 - Public Hearing & Action cont'd to 8/6/18) Cover Page 18R-126 Resolution.pdf 18R-126 Attachment A.pdf 18R-126 Factsheet.pdf 10.b. 18-60 Creating a clean energy assessment district, which shall be known as the Greater Nebraska PACE District, to establish definitions; to provide for financing, administration, and collections relating to energy efficiency improvements and renewable energy systems. (6/18/18 - Public Hearing & Action cont'd to 7/23/18) (7/16/18 - Public Hearing & Action cont'd to 8/6/18) Cover Page 18-60 PACE Ordinance.pdf 18-60 PACE Assessment Contract.pdf 18-60 PACE factsheet.pdf 11. PENDING LIST 11.a. 17-141 Annexation 17010 – Amending the Lincoln Corporate Limits Map by annexing approximately 211 acres of property generally located at North 56th Street and Fletcher Avenue. (10/23/17 - Placed on Pending, no date certain) Cover Page 17-141 Ordinance.pdf 17-141 Fact Sheet.pdf 17-141 Attachment.pdf 12 11.b. 18R-72 Comprehensive Plan Amendment 18001 - Amending the 2040 Lincoln-Lancaster County Comprehensive Plan by revising the boundaries of the Future Land Use Plan from Commercial to Residential - Urban Density on property generally located between Alvo Road and Humphrey Avenue on Centurion Drive. (Related Items: 18R-72, 18-45) (Action Date: 4/23/18) (4/16/18 - Placed on Pending, No Date Certain.) Cover Page CPA18001 - FACTSHEET.pdf 18R-72 Resolution.pdf 18R-72 Exhibit A.pdf 11.c. 18-45 Change of Zone 18005 - Application of Leo Schumacher of Stone Bridge Creek, LLC, for a change of zone from B-2 Planned Neighborhood Business District to R-3 Residential District on property generally located at Centurion Drive and Humphrey Avenue. (Related Items:18R-72, 18-45) (4/16/18 - Placed on Pending, No Date Certain.) 18-45 Ordinance.pdf CZ18005 - FACTSHEET.pdf


PUBLIC COMMENT 02:25:50


In Break 02:26:32


PUBLIC HEARING ON 2018-20 CITY OF LINCOLN BUDGET 02:35:51

PUBLIC HEARING ON THE 2018-20 CITY OF LINCOLN BIENNIAL OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM AND THE ONE & SIX YEAR STREET & HIGHWAY PROGRAM Adopting the 2018-20 City of Lincoln Biennial Operating Budget & Capital Improvement Program (CIP); One & Six Year Street & Highway Program


In Break 03:40:47


5. PUBLIC HEARING - RESOLUTIONS 5.a. - 2nd Part 04:12:31

5.a. 18R-154 Accepting a report of new and pending claims against the City for July 1 through July 15, 2018.


VOTE ON RESOLUTIONS - 5.a. 04:42:23

5.a. 18R-154 Accepting a report of new and pending claims against the City for July 1 through July 15, 2018.


PUBLIC HEARING ON 2018-20 CITY OF LINCOLN BUDGET 04:42:39

PUBLIC HEARING ON THE 2018-20 CITY OF LINCOLN BIENNIAL OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM AND THE ONE & SIX YEAR STREET & HIGHWAY PROGRAM Adopting the 2018-20 City of Lincoln Biennial Operating Budget & Capital Improvement Program (CIP); One & Six Year Street & Highway Program


Amending Section 3.04.080 05:31:20

Amending Section 3.04.080 of the Lincoln Municipal Code, entitled "Tax Increment Financing – Administrative Fee", to raise the administrative fee for redevelopment projects receiving tax increment financing.


ADJOURNMENT 05:48:41