Lincoln City Council REPLAY June 19, 2017

Meeting Open 00:01:02

Mayor to Present May Award of Excellence 00:01:41

Mayor to Present May Award of Excellence Mayor Chris Beutler today will present the Mayor's Award of Excellence for May to Police Officer Launa Groves who works in the Forensic Identification Unit of the Lincoln Police Department (LPD). The award will be presented at 3 p.m. at the beginning of the City Council meeting at the County-City Building, 555 S. 10th Street. The monthly award recognizes City employees who consistently provide exemplary service and work that demonstrates personal commitment to the City. Groves is a certified Latent Print Examiner through the International Association for Identification. Forensic Lab Manager Erin Sims nominated her in the categories of productivity and safety by for her recent work on three specific cases, which led to the clearance of six armed robberies and four gun store burglaries: The first case was an armed bank robbery in December 2016. One of the two robbers left behind a plastic bag. Groves found a receipt inside, which resulted in the retailer providing video of the suspects. She processed the receipt and bag for prints, which led to the identification of a suspect who was arrested. Further investigation led to the arrest of a second suspect, and continued investigation led to the clearance of four convenience store robberies committed by the two suspects. The second case was a burglary at a jewelry and pawn shop. Groves again processed a plastic bag left at the scene and was able to identify a suspect who was arrested. A warrant for the suspect's phone revealed photos of numerous stolen guns and a second suspect who was arrested. Further investigation led to the clearance of three additional gun store burglaries, and some, but not all of the guns have been recovered. The third case occurred earlier, in February of 2016, when a bank was robbed by a man who also left behind a plastic bag. After hearing about Groves' success in recovering latent prints from plastic bags, the investigator sent the bag to her for processing. Groves was again able to identify a suspect who lives in Omaha. Lincoln and Omaha police continue to work together to locate the suspect to clear the robbery and several other cases in which he is suspected. Sims said numerous officers and investigators did good work on the cases. But, she wrote, "Officer Groves provided the missing pieces that gave investigators the information they needed to focus their investigation and resources on the parties responsible, and stopping these criminals from committing future violent gun related offenses." The other categories in which employees can be nominated are customer relations, valor and loss prevention. Consideration also may be given to nominations that demonstrate self-initiated accomplishments or those completed outside of the nominee's job description. All City employees are eligible for the award except for elected and appointed officials. Individuals or teams can be nominated by supervisors, peers, subordinates and the general public. Nomination forms are available at lincoln.ne.gov (keyword: hr) or from department heads, employee bulletin boards or the Human Resources Department, which oversees the awards program. All nominations are considered by the Mayor's Award of Excellence Committee, which includes a representative with each union and a non-union representative appointed by the Mayor. Award winners receive a $50 gift certificate, a day off with pay and a plaque. All monthly winners and nominees are eligible to receive the annual award, which comes with a $250 gift certificate, two days off with pay and a plaque.

PUBLIC HEARING - CONSENT AGENDA 00:09:26

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-150 Amending the by-laws of the Veterans Memorial Garden Advisory Council removing term limit provisions for the Chairperson and the Vice-Chairperson on the Advisory Council. (ADOPTED, 7-0; A-90519) Fact Sheet (280K) 2) 17R-152 Appointing Claude Frerichs to the Veterans Memorial Garden Advisory Council for a term expiring November 1, 2019. (ADOPTED, 7-0; A-90520) Attachment (163K) 3) 17R-153 Reappointing Doug Kreifels to the Board of Mechanical Examiners for a term expiring April 4, 2020. (ADOPTED, 7-0; A-90521) 4) 17R-154 Reappointing Margaret E.S. Schiefen to the City Personnel Board for a term expiring June 22, 2022. (ADOPTED, 7-0; A-90522) 5) 17R-155 Reappointing Leo Benes, Patrick Ward, and Thomas Wright to the Alarm Review Board for terms expiring July 1, 2019. (ADOPTED, 7-0; A-90523) 6) 17R-156 Reappointing Dallas McGee to the Lincoln Housing Authority Board for a term expiring July 1, 2022. (ADOPTED, 7-0; A-90524) 7) 17R-157 Reappointing Hannah Cass and Justine Linscott to the Parks and Recreation Advisory Board for terms expiring June 1, 2018. (ADOPTED, 7-0; A-90525) 8) Assessment Resolution for Water District 1208 for Board of Equalization to be held Monday, June 26, 2017 at 5:30 p.m. (ADOPTED, 7-0; A-90526) 9) Assessment Resolution for Water District 1209 for Board of Equalization to be held Monday, June 26, 2017 at 5:30 p.m. (ADOPTED, 7-0; A-90527) 10) Report from City Treasurer of Franchise Fees from Black Hills Corporation for the Month of April, 2017. (PLACED ON FILE) 11) Report from City Treasurer of 911 Surcharges for the months of January, 2017 to March, 2017. (PLACED ON FILE) 12) Clerk's Letter and Mayor's Approval of Resolution and Ordinances passed by City Council on June 5, 2017. (PLACED ON FILE) 13) Report from City Treasurer of Allo Public Education Government Fees for the month of April, 2017. (PLACED ON FILE) 14) Lincoln Electric System Financial & Operating Statement for the month of May, 2017. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 15) Informal Petition to create an Alley Paving District from Adams to Cleveland between 58th and 59th submitted by Stephen A. Jipp. (REFERRED TO PUBLIC WORKS) 16) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Waiver to Design Standards No. 17001, South Pointe Pavillions, approved by the Planning Director on June 9, 2017, to adjust the Design Standard for Outdoor Lighting to allow outdoor lighting with a BUG rating of 3-0-4 and 4-0-1 for parking lot lights, generally located at S. 27th Street and Pine Lake Road. 17) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT: Change of Zone No. 17011 Requested by REGA Engineering Group, Inc., from AG (Agricultural District) to R-3 (Residential District), for approximately 25.53 acres, more or less, on property generally located at North 49th Street and Alvo Road. Change of Zone No. 17012 Requested by The Clark Enersen Partners, from AG Agriculture to R-3 Residential, on property generally located southwest of the intersection of South 27th Street and Rokeby Road. Change of Zone No. 17013 Requested by The Clark Enersen Partners, from AG (Agricultural District) to R-3 (Residential District) PUD for a Planned Unit Development for up to 250 dwelling units in the R-3 area, and up to 50,000 square feet of commercial floor area and 200 dwelling units in the B-2 area, on property generally located at the southeast corner of the intersection of South 27th Street and Rokeby Road. Change of Zone No. 17014 Requested by Wayne & Laura Pester, from AG (Agricultural District) to AGR (Agricultural Residential District), on property generally located at SW 25th Street and West Denton Road. Change of Zone No. 17016 Requested by Almond Opportunity, LLC, from H-2 (Highway Business District) to I-1 (Industrial District), on property generally located at 7620 North 70th Street. Special Permit No. 17017 Requested by The Clark Enersen Partners, to allow for the development of a community unit plan with up to 79 single-family dwelling units, with a waiver to allow double frontage lots, on property generally located southwest of the intersection of South 27th Street and Rokeby Road. Special Permit No. 17019 Requested by Mark Watermeier, for a special permit for expansion of a nonconforming use, with waivers to the front and side yard setbacks, on property generally located at 2554 Woodsdale Boulevard. Special Permit No. 17021 Requested by Wayne & Laura Pester, for an AGR (Agricultural Residential District) Community Unit Plan, to include 9 acreage lots on approximately 25.12 acres, more or less, on property generally located at SW 25th Street and West Denton Road. Use Permit No. 17005 Requested by Kent Seacrest, to allow for office and residential uses and related improvements with waivers from setback and frontage requirements, on property generally located at 6969 South Street and 2215 South 70th Street. 18) MISCELLANEOUS REFERRALS - NONE. - END CONSENT AGENDA -

PUBLIC HEARING - LIQUOR RESOLUTIONS 19 & 20 00:13:47

Application of Asian Fusion NE, Inc. dba Asian Fusion for a Class I liquor license at 2840 Jamie Lane. (ADOPTED FOR APPROVAL, 7-0; A-90528) Manager Application of Xiu Fang Zhang for Asian Fusion NE, Inc. dba Asian Fusion at 2840 Jamie Lane. (ADOPTED FOR APPROVAL, 7-0; A-90529)

PUBLIC HEARING - LIQUOR RESOLUTIONS 21 & 22 00:17:50

Application of Ichiban Sichuan Haymarket, LLC dba Ichiban Sichuan for a Class I liquor license at 151 North 8th Street, Suite 100. (ADOPTED FOR APPROVAL, 7-0; A-90530) Manager Application of Jason C. Diong for Ichiban Sichuan Haymarket, LLC dba Ichiban Sichuan at 151 North 8th Street, Suite 100. (ADOPTED FOR APPROVAL, 7-0; A-90531)

PUBLIC HEARING - LIQUOR RESOLUTIONS 23 & 24 00:19:07

Application of Korea House, LLC dba Korea House for a Class I liquor license at 5601 South 56th Street, Suite 11. (ADOPTED FOR APPROVAL, 7-0; A-90532) Manager Application of Richard Kim for Korea House, LLC dba Korea House at 5601 South 56th Street, Suite 11. (ADOPTED FOR APPROVAL, 7-0; A-90533)

PUBLIC HEARING - LIQUOR RESOLUTIONS 25 00:20:21

Application of Tipitnebkelser, LLC dba 1867 Bar for a special designated license to cover an outdoor area measuring approximately 195 feet by 195 feet at Lincoln Journal Star Parking Lot at 901 S Street on July 7, 2017 between 4:00 p.m. and midnight and July 8, 2017 between 2:00 p.m. and midnight. (ADOPTED FOR APPROVAL, 7-0; A-90534)

PUBLIC HEARING - RESOLUTIONS 26 00:22:09

17R-159 Approving renewal of the Entertainment District License issued to TDP Phase One LLC/TDP Phase Two LLC dba Railyard Promotional Association, LLC in the area south of the Pinnacle Bank Arena generally bound by 7th Street and the north-south alley west of Canopy Street, R Street, and Q Street, including private properties known as the Railyard and Courtyard adjacent to the Canopy Lofts and Hobson/Hyatt Place Hotel and all outdoor dining areas in the public right-of-way. (ADOPTED, 7-0; A-90535)

PUBLIC HEARING - RESOLUTIONS 27 00:52:54

17R-151 Approving an Interlocal Agreement between the City of Lincoln and Lincoln Public Schools to allow the City to place and manage outdoor recreational facilities on the former Arnold Elementary School Site generally located at 5300 West Knight Street.

PUBLIC HEARING - ORDINANCES - 3RD READING 28 & 29 00:58:48

28) 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. (Related Items: 17R-148, 17-74) (6/5/17 - Public Hearing & Action cont'd to 6/19/17) (ADOPTED, 7-0; A-90537) Fact Sheet (71K) Attachment (3345K) 29) 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. (Related Items: 17R-148, 17-74) (6/5/17 - Public Hearing cont'd to 6/19/17) (PASSED, 7-0; #20503) Fact Sheet (71K)

PUBLIC HEARING - ORDINANCES - 3RD READING 30 01:02:34

30) 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 - ORDINANCES - 3RD READING 31 01:03:09

31) 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 - ORDINANCES - 3RD READING 32 01:03:28

32) 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.

Voting Session Item 26 01:03:58

26) 17R-159 Approving renewal of the Entertainment District License issued to TDP Phase One LLC/TDP Phase Two LLC dba Railyard Promotional Association, LLC in the area south of the Pinnacle Bank Arena generally bound by 7th Street and the north-south alley west of Canopy Street, R Street, and Q Street, including private properties known as the Railyard and Courtyard adjacent to the Canopy Lofts and Hobson/Hyatt Place Hotel and all outdoor dining areas in the public right-of-way.

Voting Session Item 27 01:12:29

27) 17R-151 Approving an Interlocal Agreement between the City of Lincoln and Lincoln Public Schools to allow the City to place and manage outdoor recreational facilities on the former Arnold Elementary School Site generally located at 5300 West Knight Street.

Voting Session Item 28 01:13:11

28) 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.

Voting Session Item 29 01:13:41

9) 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.

Voting Session Item 30 01:14:12

30) 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.

Voting Session Item 31 01:14:41

31) 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.

Voting Session Item 32 01:15:16

32) 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.

Voting Session Item 33 01:16:38

33) 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.

Voting Session Item 34 01:17:16

34) 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.

Voting Session Item 35 01:18:32

5) 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.

RESOLUTIONS - 1ST READING 01:19:41

36) 17R-158 Reappointing Greg McCown to the Historic Preservation Commission for a term expiring April 15, 2018. (Consent) Attachment (254K) 37) 17R-168 Approving the Lincoln/Lancaster County Human Services Grant Guidelines. (Consent) Attachment (4755K) 38) 17R-161 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of June 1-15, 2017. Fact Sheet (30K) Attachment (61K) 39) 17R-164 Approving the Fiscal Year 2017 Annual Action Plan: One Year Use of Funds for HUD Entitlement Programs using Community Development Block Grant (CDBG), HOME, and Emergency Solutions Grant (ESG) funds. Fact Sheet (436K) Attachment (249K) 40) 17R-160 Authorizing the Mayor to execute a multi-year contract with a construction manager at risk for the four fire and police/fire stations funded by the three year quarter cent sales tax approved by voters in 2015. Fact Sheet (432K) 41) 17R-167 Special Permit 17010 Appeal of Ronald H. Wilhelm and Herbert J. and Daniel H. Friedman from the Planning Commission's approval of a special permit for an indoor kennel with an outdoor area that permits more than three animals at a time, on property generally located at 222 North 44th Street.