Lincoln City Council REPLAY October 16, 2017

Open 00:00:01

ACTION FROM THE REGULAR CITY COUNCIL MEETING TO BE HELD MONDAY, OCTOBER 16, 2017 AT 3:00 P.M.

Welcome 00:01:20

Mayor's Award of Excellence 00:01:55

MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF AUGUST, 2017 PRESENTED TO JAMIE WENZ, PUBLIC INFORMATION SPECIALIST III IN THE CATEGORIES OF CUSTOMER RELATIONS AND PRODUCTIVITY.

1 - 16: PUBLIC HEARING - CONSENT AGENDA 00:08:51

CONSENT AGENDA

17: PUBLIC HEARING - LIQUOR RESOLUTIONS 00:12:07

17) Manager Application of Scott E. Foley for Star City Hockey, LLC dba Lincoln Stars Hockey at 1880 North Antelope Valley Parkway. (10/2/17 - Public Hearing & Action cont'd 2 weeks to 10/16/17)(ADOPTED FOR APPROVAL, 7-0; A-90716)

18 - 19: PUBLIC HEARING - LIQUOR RESOLUTIONS 00:13:19

18) Application of Numark Golf, LLC dba Numark Golf Course for a Class C liquor license at 8901 Augusta Drive. (ADOPTED FOR APPROVAL, 7-0; A-90717) 19) Manager Application of Kinsey D. Bauer for Numark Golf, LLC dba Numark Golf Course at 8901 Augusta Drive. (ADOPTED FOR APPROVAL, 7-0; A-90718)

20 -21: PUBLIC HEARING - LIQUOR RESOLUTIONS 00:14:13

20) Application of BW&R East Lincoln, LLC dba Buffalo Wings & Rings for a Class I liquor license at 6822 O Street. (ADOPTED FOR APPROVAL, 7-0; A-90719) 21) Manager Application of Michael B. Barton for BW&R East Lincoln, LLC dba Buffalo Wings & Rings at 6822 O Street. (ADOPTED FOR APPROVAL, 7-0; A-90720)

22: PUBLIC HEARING - LIQUOR RESOLUTIONS 00:14:52

22) Application of Atemajac, Inc. dba La Cabana to expand its Class I liquor license by the addition of an area measuring approximately 21 feet by 35 feet at 3223 Cornhusker Highway.(PUBLIC HEARING & ACTION CONT'D 1 WEEK TO 10/23/17, 7-0)

23: PUBLIC HEARING - RESOLUTIONS 00:16:03

23) 17R-240 A resolution to the City Council of the City of Lincoln in support of a community Veterans Day Parade in order to honor local veterans and promote community spirit through an annual community parade. (9/25/17 - Public Hearing & Action cont'd 3 weeks to 10/16/17)(MTA #1 ADOPTED, 7-0; AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-90721)

24: PUBLIC HEARING - RESOLUTIONS 00:33:09

24) 17R-249 Hearing on One and Six Year Streets and Highway Program as required by State statute. (ADOPTED, 7-0; A-90722)

25: PUBLIC HEARING - RESOLUTIONS 00:35:30

25) 17R-250 Approving an Amended Conservation Easement Agreement between Apple's Way, Inc., the City of Lincoln, Nebraska, and the Lower Platte South Natural Resources District to modify the terms and boundaries of the Existing Easement on property generally located at the intersection of South 27th Street and Rokeby Road. (ADOPTED, 7-0; A-90723)

26: PUBLIC HEARING - RESOLUTIONS 00:40:27

26) 17R-251 Authorizing an application to the Nebraska Game & Parks Commission for Land and Water Conservation grant funding assistance for the renovation of two neighborhood park playgrounds (Irvingdale and Rudge Parks).(ADOPTED, 7-0; A-90724)

27: PUBLIC HEARING - RESOLUTIONS 00:52:28

27) 17R-255 Assessing Public Health Nuisance Abatement costs associated with the clearing of public nuisances by the Health Department to the following benefitted properties: 2919 Apple St., 1004 Peach/1838 S. 10th, 1546 S. 21st St., 1434 N. 27th St., 2725 A St., 301 S. 54th St., 520 S. 25th St., 800 Garfield St., 1336 N. 39th St., 1245 N. 21st St., 1237 N. 21st St., 4300 D St., 4842 Adams St. 112 W. Dawes Ave., 2975 Holdrege St., 3000 S. 46th St., 1409 N. 21st St., 815 N. 24th St., 1533 Grace Ave., 2200 Devoe Dr., 2545 Theresa St. #F14, 2545 Theresa St. #F11, 353 S. 26th St., and 1112 New Hampshire.(MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED 7-0; A-90725)

28: PUBLIC HEARING - ORDINANCES - 2ND READING 00:56:11

28) 17-138 Amending Chapter 2.76 of the Lincoln Municipal Code relating to Personnel System by amending Sections 2.76.130, 2.76.135, 2.76.145, 2.76.160, 2.76.175, and 2.76.200; and repealing Sections 2.76.130, 2.76.135, 2.76.145, 2.76.160, 2.76.175, and 2.76.200 as hitherto existing.

29: PUBLIC HEARING - ORDINANCES - 2ND READING 00:57:47

29) 17-139 Approving a Real Estate Sales Agreement between the City of Lincoln and Kelly Custom Homes Ltd., d/b/a Nebraska Cottage Company for the sale of City owned property generally located at 3268 Randolph Street.

30: PUBLIC HEARING - ORDINANCE - 3RD READING 01:04:11

30) 17-92 Change of Zone 17011 Application of Roger H. Schwisow Revocable Trust for a change of zone from AG Agricultural District to R-3 Residential District on property generally located at North 49th Street and Alvo Road. (7/31/17 - Action Delayed with Public Hearing 3 Weeks to 8/21/17) (8/21/17 - Action Delayed with Public Hearing 4 weeks to 9/18/17) (9/18/17 - Public Hearing & Action cont'd to 10/16/17) (PUBLIC HEARING & ACTION CONT'D 2 WEEKS TO 10/30/17, 6-1; AYES: CHRISTENSEN, ESKRIDGE, GAYLOR BAIRD, RAYBOULD, SHOBE; NAYS: CAMP.)

23: Voting Session 01:43:56

23) 17R-240 A resolution to the City Council of the City of Lincoln in support of a community Veterans Day Parade in order to honor local veterans and promote community spirit through an annual community parade. (9/25/17 - Public Hearing & Action cont'd 3 weeks to 10/16/17)(MTA #1 ADOPTED, 7-0; AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-90721)

24: Voting Session 01:50:25

24) 17R-249 Hearing on One and Six Year Streets and Highway Program as required by State statute. (ADOPTED, 7-0; A-90722)

25: Voting Session 01:50:47

25) 17R-250 Approving an Amended Conservation Easement Agreement between Apple's Way, Inc., the City of Lincoln, Nebraska, and the Lower Platte South Natural Resources District to modify the terms and boundaries of the Existing Easement on property generally located at the intersection of South 27th Street and Rokeby Road. (ADOPTED, 7-0; A-90723)

26: Voting Session 01:51:08

26) 17R-251 Authorizing an application to the Nebraska Game & Parks Commission for Land and Water Conservation grant funding assistance for the renovation of two neighborhood park playgrounds (Irvingdale and Rudge Parks).(ADOPTED, 7-0; A-90724)

27: Voting Session 01:54:20

27) 17R-255 Assessing Public Health Nuisance Abatement costs associated with the clearing of public nuisances by the Health Department to the following benefitted properties: 2919 Apple St., 1004 Peach/1838 S. 10th, 1546 S. 21st St., 1434 N. 27th St., 2725 A St., 301 S. 54th St., 520 S. 25th St., 800 Garfield St., 1336 N. 39th St., 1245 N. 21st St., 1237 N. 21st St., 4300 D St., 4842 Adams St. 112 W. Dawes Ave., 2975 Holdrege St., 3000 S. 46th St., 1409 N. 21st St., 815 N. 24th St., 1533 Grace Ave., 2200 Devoe Dr., 2545 Theresa St. #F14, 2545 Theresa St. #F11, 353 S. 26th St., and 1112 New Hampshire.(MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED 7-0; A-90725)

30: Voting Session 01:56:21

30) 17-92 Change of Zone 17011 Application of Roger H. Schwisow Revocable Trust for a change of zone from AG Agricultural District to R-3 Residential District on property generally located at North 49th Street and Alvo Road. (7/31/17 - Action Delayed with Public Hearing 3 Weeks to 8/21/17) (8/21/17 - Action Delayed with Public Hearing 4 weeks to 9/18/17) (9/18/17 - Public Hearing & Action cont'd to 10/16/17) (PUBLIC HEARING & ACTION CONT'D 2 WEEKS TO 10/30/17, 6-1; AYES: CHRISTENSEN, ESKRIDGE, GAYLOR BAIRD, RAYBOULD, SHOBE; NAYS: CAMP.)

31: Voting Session 01:58:05

31) 17R-241 Approving the Skate Zone Redevelopment Agreement between the City of Lincoln and Access Commercial, LLC relating to the redevelopment of properties generally located at 300 North 48th Street, for the construction of a hotel, retail building, parking, and other associated improvements.(Related Items: 17R-241, 17R-242, 17- 135) (Action date: 10/16/17) (ADOPTED, 7-0; A-90726)

32: Voting Session 01:58:28

32) 17R-242 Amending the FY 17/18 CIP to authorize and appropriate $960,000 in TIF funds for the Skate Zone Project. (Related Items: 17R-241, 17R-242, 17-135) (Action date: 10/16/17) (ADOPTED, 7-0; A-90727)

33: Voting Session 01:58:55

33) 17-135 Authorizing the issuance of Tax Allocation Bonds for the Skate Zone Redevelopment Project. (Related Items: 17R-241, 17R-242, 17-135) (PASSED, 7-0; #20561)

34: Voting Session 01:59:17

34) 17-136 Amending Chapter 5.50 of the Lincoln Municipal Code relating to Taxicabs by amending Section 5.50.010, Definitions, to add a definition for "Transportation Network Company"; by adding a new Section numbered 5.50.015 entitled Transportation Network Company, Exemption, to provide that motor vehicles carrying passengers for hire solicited through transportation network companies shall not be considered taxicabs and shall be exempted from the provisions of Lincoln Municipal Code Chapter 5.50; and repealing Section 5.50.010 of the Lincoln Municipal Code as hitherto existing.(PASSED, 5-1; AYES: CHRISTENSEN, ESKRIDGE, GAYLOR BAIRD, RAYBOULD, SHOBE; NAYS: CAMP; CONFLICT OF INTEREST: LAMM; #20562)

35: Voting Session 02:17:24

35) 17-137 Change of Zone 17021 Application of Sierra Investments, LLC for a change of zone from B-3 Commercial District and R-6 Residential District to B-4 Lincoln Center Business District on property generally located at 2051 K Street.(PASSED, 7-0; #20563)

RESOLUTIONS - 1ST READING 02:18:05

36) 17R-252 Approving a Service Agreement between the City of Lincoln and the Board of Regents of the University of Nebraska on behalf of the College of Nursing (UNMC) for clinical training at Easterday Recreation Center for public health students for a two year term. (Consent) Fact Sheet (208K) Attachment (2160K) 37) 17R-254 Approving an Agreement between the University of Nebraska Medical Center College of Public Health and the City of Lincoln on behalf of the Lincoln-Lancaster County Health Department to allow a planned, supervised Service/Learning/ Capstone Experience or other service learning or research experience for students in the Graduate Program of Public Health for a three year term. (Consent) Fact Sheet (214K) Attachment (1363K) 38) 17R-259 Reappointing Jon Camp to the Public Building Commission for a term expiring August 1, 2021. (Consent) 39) 17R-260 Reappointing Betsy Bergman and Michael Hatten to the StarTran Advisory Board for terms expiring October 20, 2020. (Consent) 40) 17R-256 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of September 16-30, 2017. Fact Sheet (30K) Attachment (61K) 41) 17R-257 Approving the award of contract to the low bidder for the Agreement between the City of Lincoln and the State of Nebraska Department of Transportation for the 48th and Highway 2 Traffic Signal Rebuild Project. City Project No. 702693. State Project No. LCLC-5239(9), CN 15253. Fact Sheet (275K) 42) 17R-258 Authorizing the Mayor to execute a Program Agreement Supplement No. 1 between the City of Lincoln and the State of Nebraska Department of Transportation (NDOT) to define the funding split and caps the Federal HSIP funds at $2,397,600.00 for the 56th Street and Yankee Hill Road Project.(Project No. HSIP-5241(6), CN 13347). (Consent) Fact Sheet (227K) Attachment (235K) 43) 17R-261 Approving the First Amendment to Development Agreement for the reconfiguration of SouthPointe Pavilions between the City of Lincoln, Nebraska and RED Capital Management, LLC to make amendments to the real estate interests to be conveyed between the parties in furtherance of the Development Agreement on property generally located north and east of the intersection of South 27th Street and Pine Lake Road. Fact Sheet (20K) Attachment (1924K)

Public Comment 02:18:54

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 OCTOBER, OPEN MICROPHONE SESSIONS WILL BE HELD ON OCTOBER 16TH & 30TH.