Lincoln City Council February 5, 2018 REPLAY

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A replay of the Lincoln City Council meeting held on February 5, 2018.

Chapters

Meeting Open 00:01:01

Meeting Open


PUBLIC HEARING - CONSENT AGENDA 00:02:34

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) 18R-12 Approving a multi-year agreement between the City on behalf of the Lincoln-Lancaster County Health Department and the University of Nebraska for practicum or shadowing experiences for students in methods of Working with Infants in Programs and Communities, the Dietetic Internship Program, and in the Early Childhood Special Education Program, for a three year term from January 1, 2018 through December 31, 2020. (Consent) Fact Sheet (61K) Attachment (343K) 2) 18R-13 Approving the Consent to Assignment Agreement between the City and SMG to provide that SMG Holdings, Inc. will merge with Onex Corporation in January 2018. (Consent) Fact Sheet (56K) Attachment (2109K) 3) 18R-22 Approving a Service Maintenance Agreement between the City and Accelerated Technology Laboratories, Inc. for a Laboratory Information Management System to be used by the Lincoln Wastewater Sanitary Engineering Analytical Laboratory Lincoln Water System, Ashland Water Treatment Plant Laboratory. (Consent) Fact Sheet (56K) Attachment (335K) 4) 18R-15 Approving an Agreement between the City and Western Pathology Consultants, Inc. for drug and alcohol testing services for the period of January 1, 2018 through December 31, 2020. (Consent) Fact Sheet (47K) Attachment (881K) 5) 18R-24 Reappointing Annette McRoy to the Board of Zoning Appeals for a term expiring February 1, 2023. (Consent) 6) 18R-25 Appointing Steve Miller to the Board of Zoning Appeals for a term expiring February 1, 2022. (Consent) Attachment (90K) 7) 18R-29 Approving the Licensed Training Provider Agreement between the City on behalf of the Parks Department and the American National Red Cross to license training materials for Parks Department use in training courses. (Consent) Fact Sheet (59K) Attachment (460K) 8) 18R-30 Approving an Interlocal Agreement between the Railroad Transportation Safety District and the City to accept the transfer of RTSD Funding for the Rock Island to Jamaica North Trail Connection project and to accept the ownership and maintenance of the safety improvements in the area. (Consent) Fact Sheet (61K) Attachment (255K)


PUBLIC HEARING - LIQUOR RESOLUTIONS 10 & 11 00:06:25

PUBLIC HEARING - LIQUOR RESOLUTIONS 10) Application of Hunky Dory, LLC dba The Royal Grove for a Class C liquor license at 340 W. Cornhusker Highway. 11) Manager Application of Eli Mardock for Hunky Dory, LLC dba The Royal Grove at 340 W. Cornhusker Highway. (Request to continue Public Hearing & Action to 2/12/18)


PUBLIC HEARING - LIQUOR RESOLUTIONS 12 & 13 00:07:07

12) Application of Beauvent Travel, LLC dba The Normandy for a Class I liquor license at 2785 S. 17th Street. Approval Resolution Denial Resolution 13) Manager Application of Eric Post for Beauvent Travel, LLC dba The Normandy at 2785 S. 17th Street. Approval Resolution Denial Resolution


PUBLIC HEARING - LIQUOR RESOLUTIONS 14 00:09:37

14) Manager Application of Nate Becwar for Dhabs, LLC dba Barrymore's at 124 North 13th Street.


PUBLIC HEARING - LIQUOR RESOLUTIONS 15 00:10:42

15) Manager Application of Brian Makovicka for Whitehead Oil Company dba U-Stop #6 at 942 S. 27th Street.


VOTING - LIQUOR RESOLUTIONS 00:11:20


PUBLIC HEARING - RESOLUTIONS 16 00:12:07

16) 18R-14 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of January 1 - 15, 2018.


PUBLIC HEARING - RESOLUTIONS 17 00:12:29

17) 18R-23 Authorizing the Mayor to execute a Funding Agreement between the City and the Nebraska Department of Transportation (NDOT), so that Federal Funds may be used to complete the Fracture Critical Bridge Inspection of the east leg of the Big X' bridge, the eastbound K Street (Rosa Parks Way) connector bridge, and a bridge for access to City property at the Ashland Water Treatment Plant. Project No. STP-NBIS (110) & NBIS (108), CN 00953A & 00958A.


PUBLIC HEARING - RESOLUTIONS 18 00:13:29

18) 18R-26 Special Permit No. 687A - Application of Don Farrall for a special permit to allow a daycare center for up to 90 children on property generally located at 4005 North 70th Street.


PUBLIC HEARING - RESOLUTIONS 19 00:15:34

19) 18R-27 Approving an amendment to the construction-manager-at- risk contract between the City and Hausmann Construction to accept the guaranteed maximum price for the construction of four fire stations.


PUBLIC HEARING - RESOLUTIONS 20 00:19:52

20) 18R-28 Approving an Agreement among the City on behalf of the Parks Department, Lincoln Public Schools, and Friends of Woods Tennis, Inc. for a ten year cooperative agreement for use of the Tennis Center by LPS.


PUBLIC HEARING - ORDINANCES - 2ND READING 21 00:26:15

21) 18-13 Street & Alley Vacation 17006 - Vacating a portion of 17th Street right-of-way, generally located between Vine Street and a point approximately 300 feet north of R Street.


PUBLIC HEARING - ORDINANCES - 2ND READING 22-23 00:41:20

22) 18-8 Change of Zone 17031 - Application of Gage Investments, LLC for a change of zone from AG Agricultural District to R-3 Residential District on property generally located at 7721 Portsche Lane. 23) 18R-18 Approving a conditional zoning agreement to establish the obligation of the developer to pay the City upfront for ongoing maintenance of a street adjacent to property to be developed in exchange for the City accepting the street without it being constructed to urban standards for property located generally at 7721 Portsche Lane.


PUBLIC HEARING - ORDINANCES - 2ND READING 24-25 A 00:42:49

24) 18-12 Change of Zone 17028 - Application of the Planning Director for a change of zone from I-1 Industrial District to B-3 Commercial District, from I-1 Industrial district to H-3 Highway Commercial District, from I-1 Industrial District to P Public Use District, from I-1 Industrial District to R-4 Residential District, from I-1 Industrial District to R-6 Residential District, from P Public Use District to H-3 Highway Commercial District, from R-2 Residential District to R-4 Residential District, from R-4 Residential District to H-3 Highway Commercial District, and from R-4 Residential District to R-6 Residential District on properties generally located in the vicinity of the former Missouri Pacific Railroad corridor between North 22nd and North 35th Streets. (Related Items: 18-12, 18R-21) Fact Sheet (6227K) 25) 18R-21 Approving a Conditional Zoning Agreement between the City and ABC Electric to allow ABC Electric to continue to use its property under the changed zoning designation while providing for a buffer zone between the street and commercial activities to be conducted on the site for property generally located along the south side of Y Street between 24th and 25th Streets.(Related Items: 18-12, 18R-21) (Action Date: 2/12/18)


PUBLIC HEARING - ORDINANCES - 2ND READING 26-29 00:56:31

26) 18R-19 Comprehensive Plan Amendment 17007 - Amending the 2040 Lincoln-Lancaster County Comprehensive Plan to designate as a (N) Neighborhood Center on Map 5.1: Existing and Proposed Commercial Centers and as "Commercial" on the Lincoln Area Future Land Use Map property generally located at the NW corner of South 98th and Van Dorn Streets. (Related Items: 18R-19, 18-10, 18-11, 18R-20) (Action Date: 2/12/18) Fact Sheet (9530K) Attachment (970K) 27) 18-10 Annexation 17019 Amending the Lincoln Corporate Limits Map by annexing approximately 73.53 acres of property generally located at 91st and Van Dorn Streets. (Related Items: 18R-19, 18-10, 18-11, 18R-20) Fact Sheet (20956K) Attachment (61K) 28) 18-11 Change of Zone 17030 Application of Matodol, LLC for a change of zone from AG Agricultural District to R-3 Residential District; for a Planned Unit Development District for a residential area with single-family, multiple-family, and residential transition uses, with various waivers, consisting of 78.66 acres on property generally located at 91st and Van Dorn Streets. (Related Items: 18R-19, 18-10, 18-11, 18R-20) Fact Sheet (20969K) 29) 18R-20 Approving Amendment No. 1 to the Annexation Agreement for Van Dorn Street Coalition between the City of Lincoln and the parcel owners to reflect changes in the development plans for property located north of Van Dorn and west of 98th Street.(Related Items: 18R-19, 18-10, 18-11, 18R-20) (Action Date: 2/12/18) Fact Sheet (51K) Attachment (3695K) Motion To Amend (9K) Motion To Amend Attachment (164K)


PUBLIC HEARING - ORDINANCES - 2ND READING 24-25 B 01:25:12

24) 18-12 Change of Zone 17028 - Application of the Planning Director for a change of zone from I-1 Industrial District to B-3 Commercial District, from I-1 Industrial district to H-3 Highway Commercial District, from I-1 Industrial District to P Public Use District, from I-1 Industrial District to R-4 Residential District, from I-1 Industrial District to R-6 Residential District, from P Public Use District to H-3 Highway Commercial District, from R-2 Residential District to R-4 Residential District, from R-4 Residential District to H-3 Highway Commercial District, and from R-4 Residential District to R-6 Residential District on properties generally located in the vicinity of the former Missouri Pacific Railroad corridor between North 22nd and North 35th Streets. (Related Items: 18-12, 18R-21) Fact Sheet (6227K) 25) 18R-21 Approving a Conditional Zoning Agreement between the City and ABC Electric to allow ABC Electric to continue to use its property under the changed zoning designation while providing for a buffer zone between the street and commercial activities to be conducted on the site for property generally located along the south side of Y Street between 24th and 25th Streets.(Related Items: 18-12, 18R-21) (Action Date: 2/12/18)


PUBLIC HEARING - ORDINANCES - 2ND READING 30 01:36:27

30) 18-9 Text Amendment 17001 Amending Chapter 27.63 of the Lincoln Municipal Code relating to Special Permits by amending Section 27.63.685 to create an exception for grocery stores which reduces the required separation distance between the premises licensed to sell off-sale alcohol and first floor residential use, day care facilities, parks, churches, state mental health facilities and residential zoning districts from 100 feet to 25 feet in zoning districts B-1, B-3, H-1, H-2, H-3, H-4, I-1, and I-3, and repealing Section 27.63.685 as hitherto existing.


PUBLIC HEARING - ORDINANCES - 2ND READING 31 02:54:30

31) 18-14 Change of Zone 17037 Application of Jerry Boyce for a change of zone from R-3 Residential District to R-4 Residential District on property generally located at 3720 North 1st Street.


PUBLIC HEARING - ORDINANCES - 2ND READING 32-35 02:55:35

32) 18-2 Annexation 17007 - Amending the Lincoln Corporate Limits Map by annexing approximately 70.01 acres of property generally located at O and North 112th Streets. (Related Items: 18-2, 18R-11, 18-3, 18R-3)(Request of applicant to continue Public Hearing to 2/5/18) (PUBLIC HEARING CONT'D 1 WEEK TO 2/05/18, 7-0) Fact Sheet (3954K) Attachment (42K) 33) 18R-11 Approving an Annexation Agreement for Dominion at Stevens Creek among the City of Lincoln, Nebraska, Lewis-Starostka, Inc., Lewis-Starostka, LLC, and James Buel, regarding the City's of Lincoln's annexation of property generally located northwest of the intersection of North 112th Street and O Street. (Related Items: 18-2, 18R-11, 18-3, 18R-3)(Action Date: 1/29/18)(Request of applicant to continue Public Hearing to 2/5/18) (PUBLIC HEARING CONT'D 1 WEEK TO 2/05/18, 7-0) Fact Sheet (61K) Attachment (1048K) Motion To Amend (20K) 34) 18-3 Change of Zone 17015 - Application of Starostka-Lewis, LLC, Lewis Starostka, Inc., and James M. Buel for a change of zone from AG Agricultural District to R-3 Residential District and O-3 Office Park District on property generally located at O and North 112th Streets. (Related Items: 18-2, 18R-11, 18-3, 18R-3)(Request of applicant to continue Public Hearing to 2/5/18) (PUBLIC HEARING CONT'D 1 WEEK TO 2/05/18, 7-0) Fact Sheet (3934K) 35) 18R-3 Special Permit No. 17022 - Appeal of Mark Hunzeker from the Planning Commission's approval of a special permit to allow Dominion at Stevens Creek Community Unit Plan for up to 433 residential dwelling units including single- family units and townhome units, with requested waivers, on property generally located at O and North 112th Streets.(Related Items: 18-2, 18R-11, 18-3, 18R-3) (Action Date: 1/29/18) (Request of applicant to continue Public Hearing to 2/5/18) (PUBLIC HEARING CONT'D 1 WEEK TO 2/05/18, 7-0) Fact Sheet (8857K) Motion To Amend - Sky Ranch Acres (46K) Motion To Amend - Dominion (34K)


Voting Session - Item 16 03:58:13

16) 18R-14 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of January 1 - 15, 2018.


Voting Session - Item 17 03:58:41

17) 18R-23 Authorizing the Mayor to execute a Funding Agreement between the City and the Nebraska Department of Transportation (NDOT), so that Federal Funds may be used to complete the Fracture Critical Bridge Inspection of the east leg of the Big X' bridge, the eastbound K Street (Rosa Parks Way) connector bridge, and a bridge for access to City property at the Ashland Water Treatment Plant. Project No. STP-NBIS (110) & NBIS (108), CN 00953A & 00958A.


Voting Session - Item 18 03:59:14

18) 18R-26 Special Permit No. 687A - Application of Don Farrall for a special permit to allow a daycare center for up to 90 children on property generally located at 4005 North 70th Street.


Voting Session - Item 19 03:59:33

19) 18R-27 Approving an amendment to the construction-manager-at- risk contract between the City and Hausmann Construction to accept the guaranteed maximum price for the construction of four fire stations.


Voting Session - Item 20 03:59:56

20) 18R-28 Approving an Agreement among the City on behalf of the Parks Department, Lincoln Public Schools, and Friends of Woods Tennis, Inc. for a ten year cooperative agreement for use of the Tennis Center by LPS.


PUBLIC HEARING - ORDINANCES - 2ND READING 21-35 04:01:22

PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS 21) 18-13 Street & Alley Vacation 17006 - Vacating a portion of 17th Street right-of-way, generally located between Vine Street and a point approximately 300 feet north of R Street. Fact Sheet (768K) 22) 18-8 Change of Zone 17031 - Application of Gage Investments, LLC for a change of zone from AG Agricultural District to R-3 Residential District on property generally located at 7721 Portsche Lane. (Related Items: 18-8, 18R-18) Fact Sheet (4614K) 23) 18R-18 Approving a conditional zoning agreement to establish the obligation of the developer to pay the City upfront for ongoing maintenance of a street adjacent to property to be developed in exchange for the City accepting the street without it being constructed to urban standards for property located generally at 7721 Portsche Lane. (Related Items: 18-8, 18R-18) (Action Date: 2/12/18) Fact Sheet (74K) Attachment (2075K) 24) 18-12 Change of Zone 17028 - Application of the Planning Director for a change of zone from I-1 Industrial District to B-3 Commercial District, from I-1 Industrial district to H-3 Highway Commercial District, from I-1 Industrial District to P Public Use District, from I-1 Industrial District to R-4 Residential District, from I-1 Industrial District to R-6 Residential District, from P Public Use District to H-3 Highway Commercial District, from R-2 Residential District to R-4 Residential District, from R-4 Residential District to H-3 Highway Commercial District, and from R-4 Residential District to R-6 Residential District on properties generally located in the vicinity of the former Missouri Pacific Railroad corridor between North 22nd and North 35th Streets. (Related Items: 18-12, 18R-21) Fact Sheet (6227K) 25) 18R-21 Approving a Conditional Zoning Agreement between the City and ABC Electric to allow ABC Electric to continue to use its property under the changed zoning designation while providing for a buffer zone between the street and commercial activities to be conducted on the site for property generally located along the south side of Y Street between 24th and 25th Streets.(Related Items: 18-12, 18R-21) (Action Date: 2/12/18) Fact Sheet (63K) Attachment (128K) 26) 18R-19 Comprehensive Plan Amendment 17007 - Amending the 2040 Lincoln-Lancaster County Comprehensive Plan to designate as a (N) Neighborhood Center on Map 5.1: Existing and Proposed Commercial Centers and as "Commercial" on the Lincoln Area Future Land Use Map property generally located at the NW corner of South 98th and Van Dorn Streets. (Related Items: 18R-19, 18-10, 18-11, 18R-20) (Action Date: 2/12/18) Fact Sheet (9530K) Attachment (970K) 27) 18-10 Annexation 17019 Amending the Lincoln Corporate Limits Map by annexing approximately 73.53 acres of property generally located at 91st and Van Dorn Streets. (Related Items: 18R-19, 18-10, 18-11, 18R-20) Fact Sheet (20956K) Attachment (61K) 28) 18-11 Change of Zone 17030 Application of Matodol, LLC for a change of zone from AG Agricultural District to R-3 Residential District; for a Planned Unit Development District for a residential area with single-family, multiple-family, and residential transition uses, with various waivers, consisting of 78.66 acres on property generally located at 91st and Van Dorn Streets. (Related Items: 18R-19, 18-10, 18-11, 18R-20) Fact Sheet (20969K) 29) 18R-20 Approving Amendment No. 1 to the Annexation Agreement for Van Dorn Street Coalition between the City of Lincoln and the parcel owners to reflect changes in the development plans for property located north of Van Dorn and west of 98th Street.(Related Items: 18R-19, 18-10, 18-11, 18R-20) (Action Date: 2/12/18) Fact Sheet (51K) Attachment (3695K) Motion To Amend (9K) Motion To Amend Attachment (164K) 30) 18-9 Text Amendment 17001 Amending Chapter 27.63 of the Lincoln Municipal Code relating to Special Permits by amending Section 27.63.685 to create an exception for grocery stores which reduces the required separation distance between the premises licensed to sell off-sale alcohol and first floor residential use, day care facilities, parks, churches, state mental health facilities and residential zoning districts from 100 feet to 25 feet in zoning districts B-1, B-3, H-1, H-2, H-3, H-4, I-1, and I-3, and repealing Section 27.63.685 as hitherto existing. Fact Sheet (9323K) 31) 18-14 Change of Zone 17037 Application of Jerry Boyce for a change of zone from R-3 Residential District to R-4 Residential District on property generally located at 3720 North 1st Street. Fact Sheet (2045K) 32) 18-2 Annexation 17007 - Amending the Lincoln Corporate Limits Map by annexing approximately 70.01 acres of property generally located at O and North 112th Streets. (Related Items: 18-2, 18R-11, 18-3, 18R-3)(Request of applicant to continue Public Hearing to 2/5/18) (PUBLIC HEARING CONT'D 1 WEEK TO 2/05/18, 7-0) Fact Sheet (3954K) Attachment (42K) 33) 18R-11 Approving an Annexation Agreement for Dominion at Stevens Creek among the City of Lincoln, Nebraska, Lewis-Starostka, Inc., Lewis-Starostka, LLC, and James Buel, regarding the City's of Lincoln's annexation of property generally located northwest of the intersection of North 112th Street and O Street. (Related Items: 18-2, 18R-11, 18-3, 18R-3)(Action Date: 1/29/18)(Request of applicant to continue Public Hearing to 2/5/18) (PUBLIC HEARING CONT'D 1 WEEK TO 2/05/18, 7-0) Fact Sheet (61K) Attachment (1048K) Motion To Amend (20K) 34) 18-3 Change of Zone 17015 - Application of Starostka-Lewis, LLC, Lewis Starostka, Inc., and James M. Buel for a change of zone from AG Agricultural District to R-3 Residential District and O-3 Office Park District on property generally located at O and North 112th Streets. (Related Items: 18-2, 18R-11, 18-3, 18R-3)(Request of applicant to continue Public Hearing to 2/5/18) (PUBLIC HEARING CONT'D 1 WEEK TO 2/05/18, 7-0) Fact Sheet (3934K) 35) 18R-3 Special Permit No. 17022 - Appeal of Mark Hunzeker from the Planning Commission's approval of a special permit to allow Dominion at Stevens Creek Community Unit Plan for up to 433 residential dwelling units including single- family units and townhome units, with requested waivers, on property generally located at O and North 112th Streets.(Related Items: 18-2, 18R-11, 18-3, 18R-3) (Action Date: 1/29/18) (Request of applicant to continue Public Hearing to 2/5/18) (PUBLIC HEARING CONT'D 1 WEEK TO 2/05/18, 7-0) Fact Sheet (8857K) Motion To Amend - Sky Ranch Acres (46K) Motion To Amend - Dominion (34K)


Voting Session - Item 36 04:01:33

36) 18-1 Text Amendment 17013 - Amending Sections 26.15.030, 26.19.031, 27.60.020, 27.64.010, and 27.65.070 of the Lincoln Municipal Code to provide provisions to implement Computer-Aided-Design (CAD) Standards for Preliminary Plats, Final Plats, Use Permits, Community Unit Plans, and Planned Unit Developments; and repealing Sections 26.15.030, 26.19.031, 27.60.020, 27.64.010, and 27.65.070 as hitherto existing.


Voting Session - Item 37 04:02:03

37) 18-4 Change of Zone 17036 - Application of Lincoln Federal Bancorp, Inc. c/o Leo Schumacher for a change of zone from AG Agricultural District to R-3 Residential District on property generally located at South 33rd Street and Wilderness Hills Boulevard.


Voting Session - Item 38 04:02:21

38) 18-6 Amending Section 25.06.220 Examination and Registration Fee of the Lincoln Municipal Code to decrease the examination fees for master mechanical contractor and journeyman mechanical technician; and repealing Section 25.06.220 as hitherto existing.


RESOLUTIONS - 1ST READING 04:02:42

RESOLUTIONS - 1ST READING 39) 18R-31 Appointing Gabriel Ronk to the Examining Board of Plumbers for a term to run from March 15, 2018 to February 1, 2020. (Consent) Attachment (65K) 40) 18R-32 Reappointing Mike McNiff to the Examining Board of Plumbers for a term to run from March 15, 2018 to February 1, 2019. (Consent) 41) 18R-33 Reappointing Matt Morrissey to the Examining Board of Plumbers for a term to run from March 15, 2018 to February 1, 2020. (Consent) 42) 18R-34 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of January 16 - 31, 2018. Fact Sheet (30K) Attachment (64K) 43) 18R-36 Authorizing the Mayor to execute an Agreement between the City and the State of Nebraska Department of Transportation (NDOT) so that federal funds may be used for construction and construction engineering of the intersection reconstruction at 66th Street and Fremont Street. Fact Sheet (68K) 44) 18R-37 Approving a Conservation Easement Agreement among the City, Lower Platte South Natural Resources District, and Village Meadows, LLC to preserve the natural resources over the easement area located at Outlot D, Village Meadows 7th Addition, Outlot A, Village Meadows 10th Addition, Outlot A, Village Meadows 11th Addition, and Outlot B, Village Meadows 15th Addition. Fact Sheet (44K) Attachment (797K) 45) 18R-38 Approving a professional service agreement between the City and Schemmer Associates, Inc. to set out the duties and fees to perform Final Preliminary Design Services for the Safety Project at North 14th Street and the eastbound on-ramp to US Highway 6 Federal Aid project (Project No. HSIP-5227(7), CN 12944). Fact Sheet (64K) Attachment (1904K) 46) 18R-39 Reaffirming the termination on October 1, 2018 of the increase in Local Option Sales Tax as set forth in Ordinance 20197. Fact Sheet (43K) 47) 18R-35 Approving a Consultant Agreement between the City and AGA Consulting, Inc., to provide structural repair documents for City Municipal Parking Garages for a two year term expiring on September 1, 2019, for a sum not to exceed $50,300. Fact Sheet (41K) Attachment (1264K)


ADJOURNMENT 04:03:22


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