Lincoln City Council REPLAY December 11, 2017

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Meeting Open 00:01:34


PUBLIC HEARING - CONSENT AGENDA 00:03:00

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. (11/20/17 - Public Hearing & Action cont'd to 12/4/17) (12/4/17 - Public Hearing & Action cont'd to 12/11/17) (ADOPTED, 6-0; A-90800) Fact Sheet (164K) Attachment (32710K) 2) Approving the distribution of funds representing interest earnings on short-term investments of Idle Funds during the month ended October 31, 2017. (ADOPTED, 6-0; A-90801) 3) Clerk's Letter and Mayor's Approval of Resolutions A-90796 and 90798 adopted by the City Council on December 4, 2017. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 4) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment No. 17070, to Special Permit No. 1940A, Cardinal Heights CUP, approved by the Planning Director on November 30, 2017, to delete the common recreation facility and change the outlot to a duplex, generally located at W. Redberry Lane and W. Thatcher Lane. 5) MISCELLANEOUS REFERRALS - NONE. - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS 00:03:56

6) Application of Ovations Food Services, L.P. dba Spectra Food Services & Hospitality for a Class I liquor license and a Class E Entertainment District liquor license at 350 Canopy Street, Suite #120. (PUBLIC HEARING & ACTION CONT'D 1 WEEK TO 12/18/17, 6-0) 7) Manager Application of Brian T. Krajewski for Ovations Food Services, L.P. dba Spectra Food Services & Hospitality at 350 Canopy Street, Suite #120.(PUBLIC HEARING & ACTION CONT'D 1 WEEK TO 12/18/17, 6-0)


PUBLIC HEARING - RESOLUTIONS 8) 00:04:47

PUBLIC HEARING - RESOLUTIONS 8) 17R-283 Assessing the costs incurred for cutting, clearing and removing weeds against the various benefitted properties for the period of January 1, 2017 through December 31, 2017. (MTA #1 ADOPTED, 6-0; ADOPTED AS AMENDED, 6-0; A-90802)


PUBLIC HEARING - RESOLUTIONS 9) 00:05:38

9) 17R-284 Approving a purchase agreement between the City of Lincoln and Hometown Trolley (Double K, Inc.) for Compressed Natural Gas Low Floor Trolleys, pursuant to RFP No. 17-164, for a five year term.(ADOPTED, 6-0; A-90803)


PUBLIC HEARING - RESOLUTIONS 10 & 11) 00:17:47

10) 17R-286 Approving a Bike Share System Equipment Agreement in the amount of $775,192.00 between B-Cycle and the City of Lincoln for the purchase of equipment. (Related Items: 17R-286, 17R-287) (MTA #1 ADOPTED, 6-0; ADOPTED AS AMENDED, 6-0; A-90804) 11) 17R-287 Approving a 2-Year Bike Share Operations and Maintenance Agreement in the amount of $659,510.00 between B-Cycle and the City of Lincoln for ongoing maintenance of the City of Lincoln Bike Share Program. (Related Items: 17R-286, 17R-287) (ADOPTED, 6-0; A-90805)


PUBLIC HEARING - RESOLUTIONS 12) 00:51:24

12) 17R-288 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of November 16-30, 2017.(MTA #1 ADOPTED, 6-0; ADOPTED AS AMENDED, 6-0; A-90806)


PUBLIC HEARING - RESOLUTIONS 13) 00:51:49

13) 17R-289 Approving an Interlocal Agreement between the Railroad Transportation Safety District and the City to transfer funding to the RTSD Funding for the 33rd & Cornhusker Project and to accept the ownership and maintenance of the safety improvements in the area. (ADOPTED, 6-0; A-90807)


PUBLIC HEARING - RESOLUTIONS 14) 01:06:50

14) 17R-290 Identifying and declaring the area generally located along South 48th Street between Calvert Street and Pioneers Boulevard as the South 48th Street Business Area and approving appointment of Lynn Fisher, Jeanne Vuko, Matthew Roque, Ken Bougger, and Terry Bock as the members of the Business Improvement Board. (ADOPTED, 6-0; A-90808)


PUBLIC HEARING - ORDINANCES - 2ND READING 15) 01:12:11

15) 17-186 Creating Sewer District No. 1189 for the purpose of constructing a sewer district to serve seven properties and assessing the costs thereof against the benefitted properties.


PUBLIC HEARING - ORDINANCES - 2ND READING 16 & 17) 01:14:10

16) 17-189 Text Amendment 17015 Amending Title 27 of the Lincoln Municipal Code (the "Zoning Ordinance") by amending Section 27.02.020 to add a definition for Accessory Dwelling; by amending Section 27.02.040 to add a definition for Conditioned Area; by amending Section 27.06.020 to provide that in the R-1 through R-4 zoning districts, a detached accessory building may be used for an accessory dwelling in conformance with the requirements of Section 27.62.040; by amending Section 27.06.070 to add a single-family dwelling and a detached accessory dwelling on the same premises as a conditional permitted use in the R-1 through R-4 zoning districts; by amending Section 27.62.040 to provide that a building or premises may be used for a single-family dwelling and a detached accessary dwelling as a permitted conditional use in the R-1 through R-4 zoning district in compliance with the conditions of approval for that use type and to provide conditions; by amending Sections 27.67.030, 27.67.040, and Figure 27.67.040 to include general conditions and special condition parking requirements for accessory dwelling units; by amending Section 27.72.120 to provide that accessory buildings housing a conditioned area shall comply with the height and yard requirements for the main building provided that such accessory building shall not exceed the height of the main building and that the cumulative area of all accessory buildings housing a conditioned area (including accessory dwellings) shall not exceed the accessory building maximum area per Section 27.72.120(d); and repealing Sections 27.02.020, 27.02.040, 27.06.020, 27.06.070, 27.62.040, 27.67.030, 27.67.040, Figure 27.67.040, and 27.72.120 as hitherto existing. (Related Items 17-189, 17R-285) 17) 17R-285 Text Amendment 17015 Amending Title 3 Design Standards for Zoning Regulations by adding a new Chapter 3.115 Accessory Dwelling Design Standards to establish the general requirements for Accessory Dwelling Units; amending Title 1 General Provisions by amending Section 2.5 of Chapter 1.00 Request for Waiver, Procedure to include Accessory Dwelling Design Standards as provided for in Chapter 3.115 of the City of Lincoln Design Standards; repealing Section 2.5 of Chapter 1.00 as hitherto existing; amending Title 3 Design Standards for Zoning Regulations by amending Section 2 of Chapter 3.75 Neighborhood Design Standards to establish that construction of detached accessory dwellings does not require review under these design standards, but shall follow the design standards for accessory dwellings in Chapter 3.115 of the City of Lincoln Design Standards; and repealing Section 2 of Chapter 3.75 as hitherto existing. (Related Items 17-189, 17R-285) (Action date: 12/18/17)


Voting Session Item 8 01:24:25

8) 17R-283 Assessing the costs incurred for cutting, clearing and removing weeds against the various benefitted properties for the period of January 1, 2017 through December 31, 2017. (MTA #1 ADOPTED, 6-0; ADOPTED AS AMENDED, 6-0; A-90802)


Voting Session Item 9 01:25:13

9) 17R-284 Approving a purchase agreement between the City of Lincoln and Hometown Trolley (Double K, Inc.) for Compressed Natural Gas Low Floor Trolleys, pursuant to RFP No. 17-164, for a five year term.(ADOPTED, 6-0; A-90803)


Voting Session Item 10 01:25:33

10) 17R-286 Approving a Bike Share System Equipment Agreement in the amount of $775,192.00 between B-Cycle and the City of Lincoln for the purchase of equipment. (Related Items: 17R-286, 17R-287) (MTA #1 ADOPTED, 6-0; ADOPTED AS AMENDED, 6-0; A-90804) Attachment (60031K) Motion To Amend (7K) Sub Attachment (212K)


Voting Session Item 11 01:28:41

11) 17R-287 Approving a 2-Year Bike Share Operations and Maintenance Agreement in the amount of $659,510.00 between B-Cycle and the City of Lincoln for ongoing maintenance of the City of Lincoln Bike Share Program. (Related Items: 17R-286, 17R-287) (ADOPTED, 6-0; A-90805) Attachment (59347K)


Voting Session Item 12 01:29:00

12) 17R-288 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of November 16-30, 2017.(MTA #1 ADOPTED, 6-0; ADOPTED AS AMENDED, 6-0; A-90806)


Voting Session Item 13 01:30:13

13) 17R-289 Approving an Interlocal Agreement between the Railroad Transportation Safety District and the City to transfer funding to the RTSD Funding for the 33rd & Cornhusker Project and to accept the ownership and maintenance of the safety improvements in the area. (ADOPTED, 6-0; A-90807)


Voting Session Item 14 01:31:20

14) 17R-290 Identifying and declaring the area generally located along South 48th Street between Calvert Street and Pioneers Boulevard as the South 48th Street Business Area and approving appointment of Lynn Fisher, Jeanne Vuko, Matthew Roque, Ken Bougger, and Terry Bock as the members of the Business Improvement Board. (ADOPTED, 6-0; A-90808)


Voting Session Item 18 01:31:52

18) 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. (PASSED, 6-0; #20588)


Voting Session Item 19 01:32:19

19) 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. (PASSED, 6-0; #20589)


Voting Session Item 20 01:32:50

20) 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. (PASSED, 6-0; #20590)


Voting Session Item 21 01:33:16

21) 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. (PASSED, 6-0; #20591)


Voting Session Item 22 01:34:11

22) 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. (PASSED, 6-0; #20592)


Voting Session Item 23 01:35:01

3) 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. (PASSED, 6-0; #20593)


Voting Session Item 24 01:35:30

4) 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. (PASSED, 6-0; #20594)


Voting Session Item 25 01:36:04

25) 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. (PASSED, 6-0; #20595)


Voting Session Item 26 01:36:31

26) 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. (PASSED, 6-0; #20596)


Voting Session Item 27 01:37:00

27) 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. (PASSED, 6-0; #20597)


Voting Session Item 28 01:37:20

28) 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. (PASSED, 6-0; #20598)


Voting Session Item 29 01:37:59

29) 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. (PASSED, 6-0; #20599)


Voting Session Item 30 01:38:22

30) 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. (MTA #1 TO ACCEPT A SUBSTITUTE ORDINANCE ADOPTED, 6-0; PASSED AS AMENDED, 6-0; #20600)


Voting Session Item 31 01:39:33

31) 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. (PASSED, 6-0; #20601)


Voting Session Item 32 01:40:03

32) 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. (PASSED, 6-0; #20602)


Voting Session Item 33 01:40:28

33) 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. (PASSED, 6-0; #20603)


Voting Session Item 34 01:40:56

34) 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. (PASSED, 6-0; #20604)


Voting Session Item 35 01:41:23

35) 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. (PASSED, 6-0; #20605)


Voting Session Item 36 01:41:52

36) 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. (PASSED, 6-0; #20606)


Voting Session Item 37 01:42:30

37) 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. (PASSED, 6-0; #20607)


Voting Session Item 38 01:43:00

38) 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. (PASSED, 6-0; #20608)


Voting Session Item 39 01:43:25

39) 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. (PASSED, 6-0; #20609)


RESOLUTIONS - 1ST READING (ITEMS 40 THRU 51) 01:46:28

RESOLUTIONS - 1ST READING (ITEMS 40 THRU 51 HAD 1ST READING) 40) 17R-292 Approving a Memorandum of Understanding between the Nebraska Department of Health and Human Services and the City of Lincoln on behalf of the Lincoln-Lancaster County Health Department for NDHHS to provide Hepatitis C testing supplies. (Consent) Fact Sheet (209K) Attachment (424K) 41) 17R-293 Appointing Andy Hunzeker and Dr. Lucas Sabalka to the Lincoln Electric System Administrative Board for terms expiring December 31, 2020. (Consent) Attachment (242K) 42) 17R-294 Reappointing Sarah Peetz to the Lincoln Electric System Administrative Board for a term expiring December 31, 2020. (Consent) 43) 17R-300 Reappointing Jonathan Rehm, Jane Merliss, and Rachel Zeng to the Commission on Human Rights for terms expiring December 31, 2020. (Consent) 44) 17R-301 Appointing Doug Gibbs and Jani Martinez to the Charter Revision Commission for terms expiring July 15, 2021. (Consent) Attachment (238K) 45) 17R-302 Reappointing Mike Donlan, Brett Ebert, and Steve Guittar to the Charter Revision Commission for terms expiring July 15, 2020. (Consent) 46) 17R-303 Reappointing Jose J. Soto and Clancy Woolman to the Charter Revision Commission for terms expiring July 15, 2021. (Consent) 47) 17R-295 Approving a Management Agreement between the City of Lincoln on behalf of the Parks and Recreation Department and Scott Carlson for the management of the Holmes Golf Clubhouse for a four year period. Fact Sheet (198K) Attachment (712K) 48) 17R-296 Approving a resolution in support of Lincoln Environmental Action Plan (LEAP) as a means to establish consensus in moving forward with critical initiatives in the areas of energy, land use, transportation, waste management, and water resources. Fact Sheet (234K) Attachment (918K) 49) 17R-297 Approving the transfer of funds to the Lincoln Parks & Recreation Foundation for the Prairie Corridor on Haines Branch Endowment. (Related Items: 17R-297, 17R-298, 17R-299) Fact Sheet (201K) 50) 17R-298 Approving an Interlocal Cooperation Agreement between the City of Lincoln and the Lower Platte South Natural Resources District for the Prairie Corridor on Haines Branch project. (Related Items: 17R-297, 17R-298, 17R-299) Fact Sheet (584K) Attachment (83K) 51) 17R-299 Approving a Cooperation Agreement between the City of Lincoln and the National Audubon Society through its Spring Creek Prairie Audubon Center office for the Prairie Corridor on Haines Branch project. (Related Items: 17R-297, 17R-298, 17R-299) Fact Sheet (355K) Attachment (373K) ORDINANCES - 1ST READING & RELATED RESOLUTIONS (ITEMS 52 THRU 54 HAD 1ST READING) 52) 17-187 Accepting and approving an Amendment of Lease Agreement between Lincoln Parks and Recreation Department and Lincoln Parks and Recreation Foundation to lease approximately 272.25 square feet of space at 3140 N Street, Suite 301 for the Foundation's office. (12/4/17 - Introduction delayed to 12/11/17) Fact Sheet (267K) Attachment (198K) 53) 17-190 Authorizing the issuance of Tax Allocation Bonds for the Huvepharma Redevelopment Project. 54) 17-191 Text Amendment 17017 Amending Chapter 27.59 of the Lincoln Municipal Code relating to Airport Zoning by amending Section 27.59.070 to update the reference to the Division of Aeronautics of the State of Nebraska Department of Transportation based on a merger of the departments effective July 1, 2017; adopting a revised Lincoln Airport Zoning Map; and repealing Section 27.59.070 as hitherto existing. Fact Sheet (3897K) Attachment (259K)


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