Lincoln City Council REPLAY November 20, 2017

Meeting Open 00:00:46

PUBLIC HEARING - CONSENT AGENDA 00:02:29

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-279 Approving a Contract among the City of Lincoln, Lancaster County, Lincoln-Lancaster County Public Building Commission, and Midwest Office Automations for Cost-Per-Copy Services, pursuant to Bid No. 17-199, for a four year term with the option to renew for one additional four year term.(PUBLIC HEARING & ACTION CONT'D 2 WEEKS TO 12/04/17, 6-0) Fact Sheet (164K) Attachment (2297K) 2) Resolution levying the assessments approved by the City Council sitting as the Board of Equalization on November 6, 2017 and setting the interest rate on those assessments for the costs of the improvements in the Downtown Management Business Improvement District, Downtown Core Management Business Improvement District, Downtown Maintenance District, and the West Haymarket/ Downtown Maintenance District.(ADOPTED, 6-0; A-90767) 3) Approving the distribution of funds representing interest earnings on short-term investments of Idle Funds during the month ended September 30, 2017. (ADOPTED, 6-0; A-90768) 4) Request of Public Works to set the hearing date of Monday, December 11, 2017, at 3:00 p.m. & place on the formal City Council Agenda the following: 17-186 Provide Authority to Create and Order Constructed a Special Assessment 8-inch Sanitary Sewer Dist. in the area of Fletcher Ave. and Cornhusker Hwy.(APPROVED, 6-0) 5) Affidavit of Mailing for the Assessment of Weed Abatement by the County Weed Control Authority for the Calendar Year January 1, 2017 Through December 31, 2017. (PLACED ON FILE) 6) Report regarding Settlement Agreement under Neb. Rev. Stat. §84-713 (Non-tort Claims) with David Tarrance & Tamara Geis. (PLACED ON FILE) 7) Clerk's Letter and Mayor's Approval of Resolution and Ordinances passed by City Council on October 30, 2017. (PLACED ON FILE) 8) Clerk's Letter and Mayor's Approval of Resolution and Ordinances passed by City Council on November 5, 2017. (PLACED ON FILE) 9) Report from City Treasurer of 911 Surcharges for the month of September, 2017. (PLACED ON FILE) 10) Report from City Treasurer of Allo Personal Education Government (P.E.G.) Fees for the month of September, 2017. (PLACED ON FILE) 11) Report from City Treasurer of Charter Personal Education Government (P.E.G.) Fees from July 1, 2017 to September 30, 2017. (PLACED ON FILE) 12) Report from City Treasurer of Franchise Fees from Allo Communications from July, 2017 to September, 2017. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 13) Setting the hearing date of Monday, December 4, 2017 at 3:00 p.m. on the Application of BH Operator LLC dba Cloverleaf Suites Lincoln for a Class I Liquor License at 200 S. 68th Street Place.(ADOPTED, 6-0; A-90769) 14) Setting the hearing date of Monday, December 4, 2017 at 3:00 p.m. on the Application of HCJ, LLC dba Single Barrel Bourbon Street for Class CK and Class E Liquor Licenses at 300 Canopy Street, Suite 160. (ADOPTED, 6-0; A-90770) 15) Setting the hearing date of Monday, December 4, 2017 at 3:00 p.m. on the Application of Gear Hospitality LLC dba Alchemy for a Class C Liquor License at 140 N. 8th Street, Suite 150. (ADOPTED, 6-0; A-90771) 16) Setting the hearing date of Monday, December 11, 2017 at 3:00 p.m. on the Application of Ovations Food Services LP dba Spectra Food Services & Hospitality for Class I and Class E Liquor Licenses at 350 Canopy Street, Suite #120. (ADOPTED, 6-0; A-90772) 17) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Approval No. 17005 to Special Permit No. 06044, Grandale CUP, approved by the Planning Director on November 9, 2017, to revise lot sizes and update notes as necessary, generally located at S. 40th Street and Prairie Wind Road. 18) MISCELLANEOUS REFERRALS - NONE - END CONSENT AGENDA -

PUBLIC HEARING - LIQUOR RESOLUTIONS 19 00:04:29

19) Application of Efthymios Gelastopoulos dba Mad Mikes Bar and Grill for a Class I liquor license at 230 North 12th Street.(11/6/17 - Public Hearing & Action cont'd 2 weeks to 11/20/17) (ADOPTED FOR DENIAL, 6-0; A-90773)

PUBLIC HEARING - LIQUOR RESOLUTIONS 20-21 00:06:25

20) Application of Geanine's, Inc. dba Tico's for a Class C liquor license at 317 South 17th Street. (ADOPTED FOR APPROVAL, 6-0; A-90774) 21) Manager Application of John E. Sather for Geanine's, Inc. dba Tico's at 317 South 17th Street. (ADOPTED FOR APPROVAL, 6-0; A-90775)

PUBLIC HEARING - LIQUOR RESOLUTIONS 22-23 00:07:39

22) Application of Lina Truu, Inc. dba Screamers Dining & Cabaret for a Class I liquor license at 803 Q Street, Suite #150. (ADOPTED FOR APPROVAL, 6-0; A-90776) 23) Manager Application of Kevin D. Witcher for Lina Truu, Inc. dba Screamers Dining & Cabaret at 803 Q Street, Suite #150. (ADOPTED FOR APPROVAL, 6-0; A-90777)

PUBLIC HEARING - LIQUOR RESOLUTIONS 24 00:08:48

24) Manager Application of Mackenzi K. Madison for NHC, LLC dba Copper Kettle at 101 North 14th Street, Suite 6A. (ADOPTED FOR APPROVAL, 6-0; A-90778)

PUBLIC HEARING - LIQUOR RESOLUTIONS 25 00:09:35

25) Manager Application of Tiphanie M. Bruyette for Whitehead Oil Company dba U-Stop #5 at 8231 East O Street. (ADOPTED FOR APPROVAL, 6-0; A-90779)

PUBLIC HEARING - LIQUOR RESOLUTIONS 26 00:10:28

26) Manager Application of Tyler J. Dageforde for Wadsworth Old Chicago, Inc. dba Old Chicago at 826 P Street. (ADOPTED FOR APPROVAL, 6-0; A-90780)

PUBLIC HEARING - RESOLUTIONS 27 00:12:19

27) 17R-276 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of October 16-31, 2017. (AMENDED, 6-0; ADOPTED AS AMENDED, 6-0; A-90781)

PUBLIC HEARING - RESOLUTIONS 28 01:08:32

28) 17R-274 Comprehensive Plan Conformance 17017 Approving an amendment to the Antelope Valley Redevelopment Plan to amend the "Telegraph District Phase 2 Redevelopment Project" to include up to five areas with building and parking improvements and connecting streetscape enhancements generally located south of O Street, east of South 20th Street, and west of Antelope Creek including M and N Streets. (ADOPTED, 6-0; A-90782) Fact Sheet (2801K) Attachment (4584K)

PUBLIC HEARING - ORDINANCES - 2ND READING 29-30 01:19:37

29) 17-158 Change of Zone 17029 Application of Par 5 Partners, LLC for a change of zone from O-2 Suburban Office District, O-3 Office Park District, and I-2 Industrial Park District to I-3 Employment Center District on property generally located at Northwest 1st Street and West Fletcher Avenue. (Related Items: 17-158, 17R-275) Fact Sheet (3257K) 30) 17R-275 Use Permit 17007 Application of Par 5 Partners, LLC for a new I-3 Use Permit, with waivers to setbacks and sign regulations, on property generally located at Northwest 1st Street and West Fletcher Avenue. (Related Items: 17-158, 17R-275) (Action Date: 12/4/17) Fact Sheet (1849K)

PUBLIC HEARING - ORDINANCES - 2ND READING 31 01:27:22

31) 17-159 Annexation 17017 Amending the Lincoln Corporate Limits Map by annexing approximately 156 acres of property generally located between 84th and 105th Streets, both north and south of O Street, including the entire Hillcrest Heights Subdivision and properties immediately west and south of the subdivision. Fact Sheet (9889K) Attachment (66K)

PUBLIC HEARING - ORDINANCES - 2ND READING 32 03:11:40

32) 17-160 Annexation 17018 Amending the Lincoln Corporate Limits Map by annexing approximately 68 acres of property generally located between 75th and 84th Streets and between Highway 2 and Yankee Hill Road, said properties lying adjacent to a portion of Portsche Lane, Dunrovin Road, and Alimark Lane. Fact Sheet (8454K) Attachment (80K)

Break 03:39:02

Voting Session Item 27 03:47:45

27) 17R-276 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of October 16-31, 2017. (AMENDED, 6-0; ADOPTED AS AMENDED, 6-0; A-90781)

Voting Session Item 28 03:52:17

28) 17R-274 Comprehensive Plan Conformance 17017 Approving an amendment to the Antelope Valley Redevelopment Plan to amend the "Telegraph District Phase 2 Redevelopment Project" to include up to five areas with building and parking improvements and connecting streetscape enhancements generally located south of O Street, east of South 20th Street, and west of Antelope Creek including M and N Streets. (ADOPTED, 6-0; A-90782) Fact Sheet (2801K) Attachment (4584K)

Voting Session Item 33 03:53:16

33) 17-151 Annexation 17016 Amending the Lincoln Corporate Limits Map by annexing approximately 203 acres of property generally located between 84th and 95th Streets and south of Holdrege Street. (11/6/17 - Verbal MTA to have Ordinance become effective Nov. 6, 2018 Adopted, 4-2; Due to Lack of Vote on Main Motion, Final Action Carried over to 11/20/17)(PASSED, 4-1; AYES: CHRISTENSEN, ESKRIDGE, GAYLOR BAIRD, SHOBE; NAYS: LAMM; CONFLICT OF INTEREST: RAYBOULD; ABSENT: CAMP #20579)

Voting Session Item 34 04:01:15

34) 17-153 Amending the pay schedule for the employee group whose classifications are assigned to the pay range which is prefixed by the letter "A" by changing the title of Class 1473 from "Technical Support Specialist I" to "Enterprise Systems Administrator". (PASSED, 6-0; #20580)

Voting Session Item 35 04:01:46

35) 17-154 Amending the pay schedule for the employee group whose classifications are assigned to the pay range which is prefixed by the letter "A" by creating the classification of "Assistant Parking Manager". (PASSED, 6-0; #20581)

Voting Session Item 36 04:02:14

36) 17-155 Amending Chapter 23.10 of the Lincoln Municipal Code to adopt the 2017 edition of the National Electrical Code, as specifically amended, and modifying the fee structure. (PASSED, 6-0; #20582)

Voting Session Item 37 04:02:41

37) 17R-271 Adopting the Lincoln Electric System Rate Schedules to become effective January 1, 2018. (Related Items: 17R-271, 17R-272, 17-156) (Action Date: 11/20) (ADOPTED, 6-0; A-90783)

Voting Session Item 38 04:03:30

38) 17R-272 Adopting the Lincoln Electric System Annual Budget for 2018 to become effective January 1, 2018. (Related Items: 17R-271, 17R-272, 17-156) (Action Date: 11/20) (ADOPTED, 6-0; A-90784)

Voting Session Item 39 04:04:19

39) 17-156 Authorizing the issuance of not to exceed $300,000,000 Lincoln Electric System Revenue and Refunding bonds.

Voting Session Item 40 04:04:45

40) 17-157 Approving a Lease Agreement between the City of Lincoln and Truck Equipment Service Equipment Company for use in conjunction with their private business of the manufacture, sale, and servicing of trucks, trailers, and related equipment. (PASSED, 6-0; #20584)

RESOLUTIONS - 1ST READING 04:05:13

RESOLUTIONS - 1ST READING (ITEMS 41 THRU 46 HAD 1ST READING) 41) 17R-265 Provide siting approval to allow City owned property to be used for future solid waste operations and to allow the permitting and operations of solid waste disposal areas and solid waste processing facilities on a parcel of ground, containing approximately 710 acres, in the vicinity of Highway 77 and Bluff Road in Lancaster County, Nebraska. Fact Sheet (226K) Attachment (835K) Motion To Amend (6K) Substitute (12K) Substitute Attachment (13779K) 42) 17R-277 Reappointing Mike Lang to the District Energy Corporation for a term expiring December 31, 2019. (Consent) 43) 17R-278 Reappointing Brian Wachman to the Keno/Human Services Advisory Board for a term expiring December 31, 2020. (Consent) 44) 17R-280 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of November 1-15, 2017. Fact Sheet (30K) Attachment (60K) 45) 17R-281 Approving a Purchase Agreement between the City of Lincoln on behalf of the Lincoln-Lancaster County Health Department and HemoCue America to provide analyzer machines and cuvettes to allow WIC program staff to conduct hemoglobin checks for clientele for a term of October 1, 2017 through September 30, 2020. (Consent) Fact Sheet (207K) Attachment (2188K) 46) 17R-282 Resolution approving the issuance of not to exceed $40,985,000 principal amount of Correctional Facility Refunding Bonds, Series 2017, to be issued by Lancaster County Correctional Facility Joint Public Agency. ORDINANCES - 1ST READING & RELATED RESOLUTIONS (ITEMS 47 THRU 71 HAD 1ST READING) 47) 17-161 Ordinance authorizing and providing for the issuance of not to exceed $14,000,000 aggregate stated principal amount of water refunding bonds of the City of Lincoln, Nebraska. 48) 17-175 Approving a Lease Agreement between the City of Lincoln and ExteNet Systems, Inc. for the purpose of installing small cell wireless technology on City owned street light poles. Fact Sheet (209K) Attachment (5739K) 49) 17-162 Adding a new Section 9.08.120 to provide for procedures for police officers in issuing citations for a violation of the city code and grounds for determining if detention is necessary. Fact Sheet (133K) 50) 17-163 Consent Amendments Ordinance amending Sections 24.05.240, 24.05.250, and 24.05.270 to move examination responsibilities to the Examining Board of Plumbers and repealing Sections 24.05.240, 24.05.250, and 24.05.270 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (141K) 51) 17-164 Amending Section 9.24.140 to provide for more specific terms and conditions for Larceny; amending Section 9.24.160 to raise the maximum level for theft of services covered under the code; by adding a new Section 9.24.165 titled Consolidation of Theft Offenses to provide for the prosecution of conduct in Sections 9.24.120 to 9.24.160 as a single offense embracing the separately enumerated offenses; amending Section 9.24.190 to provide more clear and definite terms and conditions for Loitering and Trespassing; and repealing Sections 9.24.140, 9.24.160, and 9.24.190 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (197K) 52) 17-165 Amending Section 10.06.080 to allow for enforcement of penalties for refusal to sign traffic citations and repealing Section 10.06.080 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (167K) 53) 17-166 Amending Sections 10.08.010, 10.08.020, 10.08.040, and 10.08.050 to be consistent with state law and allow for enforcement of the law regarding motor vehicle registration and license plates and repealing Sections 10.08.010, 10.08.020, 10.08.040, and 10.08.050 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (149K) 54) 17-167 Amending Section 10.12.030 to add new traffic control Red Arrow to the Traffic Control Legend; amending Sections 10.14.200(b) and 10.14.220 to add language on how drivers shall proceed in traffic when there is a steady circular red light or red arrow; and repealing Sections 10.12.030, 10.14.200, and 10.14.220 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (189K) 55) 17-168 Amending Section 10.14.190 to provide that left turns shall be made, as nearly as practicable, in the extreme left-hand lane and repealing Section 10.14.190 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (134K) 56) 17-169 Amending Section 10.14.420 to have a penalty consistent with state law for the same violation and repealing Section 10.14.420 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (131K) 57) 17-170 Amending Section 10.16.030 to be consistent with state law and repealing Section 10.16.030 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (128K) 58) 17-171 Amending Section 10.16.063 pursuant to recent changes to Neb. Rev. Stat. § 60-4, 108 and Neb. Rev. Stat. § 60-4, 109 to allow a sentence of probation without further license revocation after conviction for this offense and repealing Section 10.16.063 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (143K) 59) 17-172 Amending Section 10.16.065 to be consistent with state law for the same offenses pursuant to Neb. Rev. Stat. § 60-4, 108 and repealing Section 10.16.065 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (140K) 60) 17-173 Amending Section 10.30.080 to clarify where soliciting activities are prohibited to protect pedestrian and motor vehicle safety and repealing Section 10.30.080 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (171K) 61) 17-174 Amending Section 10.32.070 to clarify that any motor vehicle that exceeds the prohibited length or width with or without a trailer attached cannot be parked in certain Residential Zoning Districts and repealing Section 10.32.070 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (177K) 62) 17-176 Consent Amendment Ordinance amending Section 2.42.040 to move the Workforce Investment Opportunity Administration from the Urban Development Department to the Mayor's Office and repealing Section 2.42.040 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (147K) 63) 17-177 Consent Amendments Ordinance amending Section 8.08.030 to declare the violation of this code section to be a public nuisance rather than a crime and repealing Section 8.08.030 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (139K) 64) 17-178 Consent Amendments Ordinance amending Section 9.36.090 to allow for the transportation of legal fireworks without prior notification of the Lincoln Police Department and repealing Section 9.36.090 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (180K) 65) 17-179 Consent Amendments Ordinance amending Section 4.04.020 to clarify that the Charter Revision Commission is required to meet a minimum of once annually rather than twice annually and repealing Section 4.04.020 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (233K) 66) 17-180 Consent Amendments Ordinance amending Sections 4.20.010, 4.20.020, 4.20.030, and 4.20.050 to clarify the title of Library Board members, to remove unnecessary language, and repealing Sections 4.20.010, 4.20.020, 4.20.030, and 4.20.050 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (242K) 67) 17-181 Technical Amendments Ordinance amending Sections 20.06.040, 20.06.237, 20.10.230, 20.10.235, and 24.05.220 to reflect the correct references to the recently adopted Lincoln Mechanical Code and Lincoln Plumbing Code, and repealing Sections 20.06.040, 20.06.237, 20.10.230, 20.10.235, and 24.05.220 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (257K) 68) 17-182 Consent Amendments Ordinance repealing Section 10.32.025 as the volunteer position of Citizen Handicapped Parking Patrol Officer is no longer being utilized by the Lincoln Police Department. Fact Sheet (230K) 69) 17-183 Consent Amendments Ordinance amending Section 2.18.020 to raise the limit on micro purchases from $3,000 to $5,000 and repealing Section 2.18.020 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (142K) 70) 17-184 Consent Amendments Ordinance amending Section 2.32.110 to eliminate the provision for the fee charged by the Police Department for accident reports and repealing Section 2.32.110 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (145K) 71) 17-185 Consent Amendments Ordinance amending Section 9.20.080 to replace the prohibition against profane or abusive language with prohibition against repeated panhandling and repealing Section 9.20.080 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (143K)

PENDING LIST 04:06:05

PENDING LIST - DATE CERTAIN - NONE PENDING LIST (EXTENDED ONE WEEK) 72) 17R-175 Comprehensive Plan Amendment 17005 Amending the 2040 Lincoln-Lancaster County Comprehensive Plan to change the Future Land Use Plan designation from "Open Space" and "Commercial" to "Industrial" and "Agricultural Stream Corridor", on property generally located at North 70th Street and Arbor Road. (Related Items: 17R-175, 17-87, 17R-182) (Action Date: 7/24/17) (7/17/17 - Public Hearing cont'd w/ Action on 7/24/17) (7/24/17 - Public Hearing & Action cont'd to 8/7/17) (8/7/17 - Placed on Pending, no date certain) Fact Sheet (11377K) Attachment (569K) 73) 17-87 Change of Zone 17016 Application of Lincoln Sports Foundation, Inc. for a change of zone from H-2 Highway Business District to I-1 Industrial District on property generally located at 7620 North 70th Street. (Related Items: 17R-175, 17-87, 17R-182) (7/17/17 - Public Hearing cont'd w/ Action on 7/24/17) (7/24/17 - Public Hearing & Action cont'd to 8/7/17) (8/7/17 - Placed on Pending, no date certain) Fact Sheet (12274K) Attachment (323K) 74) 17R-182 Approving a Development and Conditional Zoning Agreement by and between Lincoln Sports Foundation, Inc. and the City of Lincoln, Nebraska to construct an industrial park/warehouse development under the proposed Change of Zone of the property from H-2 Highway Business District to I-1 Industrial District. (Related Items: 17R-175, 17-87, 17R-182) (Action Date: 7/24/17) (7/17/17 - Public Hearing cont'd w/ Action on 7/24/17) (7/24/17 - Public Hearing & Action cont'd to 8/7/17) (8/7/17 - Placed on Pending, no date certain) Fact Sheet (264K) Attachment (751K) 75) 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) Fact Sheet (3279K) Attachment (103K) 76) Application of GNS Corporation dba Discount City for an addition of an area measuring approximately 60' x 29' to their licensed premise at 5560 S. 48th Street.(11/6/17 - Placed on Pending, no date certain)

OPEN MICROPHONE SESSION 04:06:32

OPEN MICROPHONE SESSION

adjournment 04:12:45