Lincoln City Council REPLAY June 5, 2017

Meeting Open 00:00:31

Meeting Open

PUBLIC HEARING - CONSENT AGENDA 00:02:05

Anyone wishing to address an item on the Consent Agenda may do so at this time REPORTS OF CITY OFFICERS 1) 17R-129 Reappointing Jim Johnson and Liz Bavitz to the Historic Preservation Commission for terms expiring April 15, 2020.(ADOPTED, 7-0; A-90476) 2) 17R-130 Appointing Brice Middleton to the Veterans Memorial Garden Advisory Council for a term expiring November 1, 2019. (ADOPTED, 7-0; A-90477) Attachment (810K) 3) 17R-131 Reappointing Steven Eggland and John Neal to the Telecommunications/Cable Television Advisory Board for terms expiring July 1, 2020. (ADOPTED, 7-0; A-90478) 4) Setting the hearing date of Monday, June 26, 2017 at 5:30 p.m. for Board of Equalization Meeting Special Assessment Group II - Water District 1208 & Water District 1209. (ADOPTED, 7-0; A-90479) 5) Lincoln Electric System Financial & Operating Statement for April, 2017.(PLACED ON FILE) 6) Clerk's Letter and Mayor's Approval of Resolution A-90646 passed by City Council on May 15, 2017. (PLACED ON FILE) 7) Clerk's Letter and Mayor's Approval of Resolution and Ordinances passed by City Council on May 15, 2017. (PLACED ON FILE) 8) Clerk's Letter and Mayor's Approval of Resolution and Ordinances passed by City Council on May 22, 2017. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 9) Setting the hearing date of Monday, June 19, 2017 at 3 p.m. on the Application of Asian Fusion Ne Inc dba Asian Fusion for a Class I Liquor License at 2840 Jamie Lane. (ADOPTED, 7-0; A-90480) 10) Setting the hearing date of Monday, June 19, 2017 at 3 p.m. on the Application of Ichiban Sichuan Haymarket LLC dba Ichiban Sichuan for a Class I Liquor License at 151 North 8th Street, Suite 100. (ADOPTED, 7-0; A-90481) 11) Setting the hearing date of Monday, June 19, 2017 at 3 p.m. on the Application of Korea House LLC dba Korea House for a Class I Liquor License at 5601 South 56th Street. (ADOPTED, 7-0; A-90482) 12) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT: Change Of Zone No. 17007 Requested by Seacrest & Kalkowski, PC, LLC, from R-2 (Residential District) to R-T (Residential Transition District), to allow for future office uses, on property generally located at 5633 N Street, 205 S. Cotner Boulevard, and 215 S. Cotner Boulevard. Special Permit No. 13055A Requested by BVH Architecture, amending Special Permit No. 13055 to add a height waiver and clarify the alley paving requirement, on property generally located at 1245 South Folsom Street. Special Permit No. 17014 Requested by Burt Family Bar-B-Que, LLC, to allow the sale of alcohol for consumption on the premises, on property generally located at 101 SW 14th Place. 13) MISCELLANEOUS REFERRALS - NONE.

PUBLIC HEARING - LIQUOR RESOLUTIONS 14 & 15 00:05:08

14) Application of North West Pizzeria, Inc. dba Delizioso Pizzeria for a Class C liquor license at 3001 Northwest 12th Street.(ADOPTED FOR APPROVAL, 7-0; A-90483) 15) Manager Application of Dushyant A. Patel for North West Pizzeria, Inc. dba Delizioso Pizzeria at 3001 Northwest 12th Street. (ADOPTED FOR APPROVAL, 7-0; A-90484)

PUBLIC HEARING - LIQUOR RESOLUTIONS 16 00:09:21

16) Application of Meier's Wine Inc. for a special designated license to cover an indoor area measuring approximately 89 feet by 51 feet and an outdoor area measuring approximately 250 feet by 185 feet at Sheldon Art Gallery at 12th and R Street on June 24, 2017 between 5:00 p.m. and midnight. (ADOPTED FOR APPROVAL, 7-0; A-90485)

PUBLIC HEARING - RESOLUTIONS 17 00:11:10

17) 17R-126 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of May 1-15, 2017.(ADOPTED, 7-0; A-90486) Fact Sheet (30K) Attachment (59K)

PUBLIC HEARING - RESOLUTIONS 18 00:11:38

18) 17R-127 Approving an amended Cooperative Agreement between the Nebraska Department of Environmental Quality (NDEQ) and the City of Lincoln regarding an increase in State of Nebraska Grant funding from the Stormwater Management Plan. (ADOPTED, 7-0; A-90487) Fact Sheet (428K) Attachment (247K)

PUBLIC HEARING - RESOLUTIONS 19 00:17:11

19) 17R-128 Comp. Plan Amendment 17001 Application of the Public Works and Utilities Director to amend the 2040 Lincoln- Lancaster County Comprehensive Plan to add the "Upper Wagon Train Watershed Master Plan" to the list of sub area plans in the Plan Realization Chapter of the Comprehensive Plan, and to amend the Lincoln Area and Lancaster County Future Land Use Maps to have the future land use designations be consistent with the Proposed Floodprone Area. (ADOPTED, 7-0; A-90488) Fact Sheet (1846K) Attachment (1217K)

PUBLIC HEARING - ORDINANCES - 2ND READING 20 00:29:12

20) 17-70 Street & Alley Vacation 17003 Vacating a portion of the South 16th Street right-of-way directly north of Pine Lake Road. Fact Sheet (3264K)

PUBLIC HEARING - ORDINANCES - 2ND READING 21 00:30:35

21) 17-71 Comp. Plan Conformance 17007 Declaring approximately 24,686 square feet of property generally located at 7701 Greycliff Drive as surplus property. Fact Sheet (3264K)

PUBLIC HEARING - ORDINANCES - 3RD READING 00:38:05

22) 17-67 Text Amendment 17004 Amending Chapter 27.59 of the Lincoln Municipal Code relating to Airport Zoning Regulations by amending Section 27.59.010 to add definitions for "Shaded Areas" and "FAA"; by amending Section 27.59.060 to modify requirements for height permits; by adding a new section numbered 27.59.065 to provide exceptions to required height permits; adding a new section numbered 27.59.067 regarding notice to FAA of certain construction; adopting a revised Lincoln Airport Zoning Map; and repealing Section 27.59.010 and Section 27.59.060 as hitherto existing.(5/22/17 - Public Hearing & Action cont'd 2 weeks to 6/5/17)(Request to delay Action 2 weeks to 6/19/17) (ACTION DELAYED 2 WEEKS TO 6/19/17, 7-0) Fact Sheet (2113K) Motion To Amend (7K)

Voting Session Item 17 00:54:49

17) 17R-126 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of May 1-15, 2017.(ADOPTED, 7-0; A-90486) Fact Sheet (30K) Attachment (59K)

Voting Session Item 18 00:55:29

18) 17R-127 Approving an amended Cooperative Agreement between the Nebraska Department of Environmental Quality (NDEQ) and the City of Lincoln regarding an increase in State of Nebraska Grant funding from the Stormwater Management Plan. (ADOPTED, 7-0; A-90487) Fact Sheet (428K) Attachment (247K)

Voting Session Item 19 00:56:13

19) 17R-128 Comp. Plan Amendment 17001 Application of the Public Works and Utilities Director to amend the 2040 Lincoln- Lancaster County Comprehensive Plan to add the "Upper Wagon Train Watershed Master Plan" to the list of sub area plans in the Plan Realization Chapter of the Comprehensive Plan, and to amend the Lincoln Area and Lancaster County Future Land Use Maps to have the future land use designations be consistent with the Proposed Floodprone Area. (ADOPTED, 7-0; A-90488) Fact Sheet (1846K) Attachment (1217K)

Voting Session Item 22 00:56:42

22) 17-67 Text Amendment 17004 Amending Chapter 27.59 of the Lincoln Municipal Code relating to Airport Zoning Regulations by amending Section 27.59.010 to add definitions for "Shaded Areas" and "FAA"; by amending Section 27.59.060 to modify requirements for height permits; by adding a new section numbered 27.59.065 to provide exceptions to required height permits; adding a new section numbered 27.59.067 regarding notice to FAA of certain construction; adopting a revised Lincoln Airport Zoning Map; and repealing Section 27.59.010 and Section 27.59.060 as hitherto existing.(5/22/17 - Public Hearing & Action cont'd 2 weeks to 6/5/17)(Request to delay Action 2 weeks to 6/19/17) (ACTION DELAYED 2 WEEKS TO 6/19/17, 7-0)

Voting Session Item 23 00:57:24

23) 17-68 Approving a License Agreement between the City of Lincoln and Verizon Wireless for the placement of telecommunications facilities upon City property generally located at 3403 West Van Dorn Street.(PASSED, 7-0; #20499)

Voting Session Item 24 00:58:40

24) 17-69 Authorizing the issuance of Tax Allocation Bonds for the Nebraska Innovation Campus (NIC) Phase II Redevelopment Project. (PASSED, 7-0; #20500) Fact Sheet (267K)

RESOLUTIONS - 1ST READING 00:59:06

25) 17R-132 Appointing Lisa R. Hale to the Lincoln City Library Board for a term expiring August 31, 2021. (Consent) Attachment (902K) 26) 17R-133 Reappointing Vance Behrens and James Lange to the Building Code Board of Appeals for terms expiring April 1, 2020. (Consent) 27) 17R-134 Reappointing Jacquelyn Miller to the Lincoln-Lancaster County Board of Health for a term expiring April 15, 2020. (Consent) 28) 17R-135 Reappointing Bill Avery to the Lincoln-Lancaster County Board of Health for a term expiring January 1, 2020. (Consent) 29) 17R-140 Appointing Bennie Shobe to the Multicultural Advisory Committee for a term expiring May 31, 2020.(Consent) 30) 17R-141 Reappointing Cyndi Lamm and Jane Raybould to the City Performance Audit Committee for terms expiring May 31, 2019. (Consent) 31) 17R-142 Appointing Bennie Shobe to the City Performance Audit Committee for a term expiring May 31, 2019.(Consent) 32) 17R-143 Reappointing Cyndi Lamm, Roy Christensen, and Jane Raybould to the Railroad Transportation Safety District for terms expiring May 31, 2018. (Consent) 33) 17R-144 Appointing Bennie Shobe to the Lincoln-Lancaster County Board of Health for a term expiring May 31, 2020. (Consent) 34) 17R-145 Reappointing Leirion Gaylor Baird to the Joint Budget Committee for a term expiring May 31, 2019.(Consent) 35) 17R-146 Appointing Leirion Gaylor Baird to the Parks and Recreation Advisory Board for a term expiring May 31, 2018. (Consent) 36) 17R-147 Appointing Cyndi Lamm to the Telecommunication/Cable Television Advisory Board for a term expiring July 1, 2018. (Consent) 37) 17R-136 Approving an Interlocal Agreement between Lincoln Police Department and Nebraska State Patrol to continue NSP's participation in the Lincoln-Lancaster County Narcotics Task Force. (Consent) Fact Sheet (301K) Attachment (2105K) 38) 17R-137 Approving a Program Services Agreement between the City of Lincoln on behalf of the Lincoln-Lancaster County Health Department and the Nebraska Department of Health and Human Services for the Every Women Matters Program for a term of July 1, 2017 through June 30, 2022. (Consent) Fact Sheet (263K) Attachment (1951K) 39) 17R-149 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of May 16-31, 2017. Fact Sheet (31K) Attachment (59K) 40) 17R-138 Approving an Interlocal Agreement between the City, Lancaster County, and Saunders County for the development of a Local Workforce Investment System. Fact Sheet (377K) Attachment (2265K) 41) 17R-139 Authorizing a transfer of appropriations in the amount of $25,000 from Miscellaneous Budget/Contingency to General Expense to sponsor the Nebraska 150th Celebration. Fact Sheet (248K) 42) 17R-148 Text Amendment 17006 Amending Title 3 Design Standards for Zoning Regulations by repealing Chapter 3.05 General Requirements for Submission of an Environmental Impact Statement for B-5 Planned Regional Business District; by repealing Chapter 3.15 Standards for Banks and Other Financial Institutions Drive-in Teller Facilities in the O-1 District; and by repealing Chapter 3.20 Signage for Historic Building Reuse by Special Permit; by repealing Chapter 3.25 Standards for Exceeding Maximum Height by Special Permit (Section 27.63.220 church steeples, towers, ornamental spires and Section 27.63.250 permitted use); by repealing Chapter 3.60 Design Standards for Construction, Development and Maintenance of Park Land; and by repealing Chapter 3.80 Technology Park Design Standards in their entirety as said Design Standards are not needed, nor used; and amending Section 7.1 Parking Lots, Parking Areas, and Driving Aisles of Chapter 3.50 Design Standards for Screening and Landscaping to grant an exception from the required screening along the public right-of-way when the parking area and driving aisles are set back 100 feet or more from the nearest public right-of-way.(PUBLIC HEARING CONTINUED 2 WEEKS TO 6/19/17, 7-0) Fact Sheet (71K) Attachment (3345K) ORDINANCES - 1ST READING & RELATED RESOLUTIONS (ITEMS 43 THRU 48 HAD 1ST READING SEE ITEMS 45-48) 43) 17-72 Approving a StarTran Transportation Agreement between the City of Lincoln and the University of Nebraska- Lincoln for the Route #24-Holdrege and Route #25-Vine inter-campus bus service route for a five year term. Fact Sheet (334K) Attachment (2870K) 44) 17-73 Ordinance to readopt Ordinance No. 20304 adopted on March 14, 2016 relating to Text Amendment 16001 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, 27.589.060 through 27.59.090, 27.59.120, 27.59.140, and 27.59.150 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (402K) 45) 17-74 Text Amendment 17006 Amending the Lincoln Municipal Code relating to the Land Subdivision Ordinance (Title 26) and the Zoning Ordinance (Title 27) to make revisions that have been collected by City Staff over the past several years and range from correction of minor errors, to deletion of obsolete provisions, to more substantive changes that improve the approval process for City Staff and the public and eliminate burdensome requirements by repealing Section 27.63.140, by amending Sections 26.11.036, 26.11.037, 26.15.015, 26.15.020, 26.19.020, 26.19.041, 26.23.140, 27.06.020, 27.06.120, 27.06.130, 27.06.150, 27.07.030, 27.51.030, 27.62.030, 27.62.090, 27.62.100, 27.62.120, 27.63.025, 27.63.180, 27.63.500, 27.63.510, 27.63.570, 27.64.010, 27.65.020, 27.67.040, 27.69.030, 27.69.090, 27.72.010, 27.72.020, 27.75.030, 27.81.010, and 27.81.050 and to repeal said Sections as hitherto existing.(PUBLIC HEARING CONTINUED 2 WEEKS TO 6/19/17, 7-0) Fact Sheet (71K) 46) 17-75 Change of Zone 17009 Application of Ryan Omel for a change of zone from AG Agricultural District to AGR Agricultural Residential District on property generally located at Southwest 27th Street and Roxbury Lane.(PUBLIC HEARING CONTINUED 2 WEEKS TO 6/19/17, 7-0) Fact Sheet (1022K) 47) 17-76 Change of Zone 3134E Application of Lucile Park, LLC to amend the Willow Springs Planned Unit Development, to adjust the setbacks at the perimeter of the PUD to accommodate an office building with a drive-through facility, on property generally located at the northwest corner of Lucile Drive and Pioneers Boulevard.(PUBLIC HEARING CONTINUED 2 WEEKS TO 6/19/17, 7-0) Fact Sheet (1191K) 48) 17-77 Text Amendment 17010 Amending Title 27 of the Lincoln Municipal Code ("Zoning Code") by amending Section 27.02.040 to delete the definition of Commercial Solar Energy Conversion System; by amending Section 27.02.200 to add definitions for Solar Energy Conversion System Large and Solar Energy Conversion System Small; by amending Section 27.06.090 to amend the Utility Use Group Table to strike Commercial Solar Energy Conversion System as a listed use type, to add Solar Energy Conversion System (Large) as a listed use type allowed by Special Permit in the AG District and as a permitted use in the H-2 through H-4 and I-1 through I-3 districts, and to add Solar Energy Conversion System (Small) as a listed use type allowed by Special Permit in the AGR, R-1 through R-8, O-1 through O-3, and RT districts and as a permitted use in all other districts; by amending Section 27.63.830 to allow Large Solar Energy Conversion System as a permitted special use in the AG district and to allow Small Solar Energy Conversion System as a special permitted use in the AGR, R-1 through R-8, O-1 through O-3, and RT districts and to provide conditions for such uses; and repealing Sections 27.02.040, 27.02.200, 27.06.090, and 27.63.830 as hitherto existing.(PUBLIC HEARING CONTINUED 2 WEEKS TO 6/19/17, 7-0) Fact Sheet (344K)