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Formal Agenda


   IMMEDIATELY  PRIOR  TO  THE  REGULAR  CITY  COUNCIL  MEETING,
        THE  BOARD OF  EQUALIZATION  WILL  CONVENE  TO  DISCUSS
                  THE  ASSESSMENTS  AS  SHOWN  BELOW

        ACTION FROM THE BOARD OF EQUALIZATION MEETING HELD
                MONDAY, JANUARY 30, 2017, 5:30 P.M.

                       ALL MEMBERS PRESENT


ELECTION OF CHAIR


READING OF OPENING STATEMENT BY CHAIR PERSON


      CITY  CLERK  READS  ITEMS  INTO  THE  RECORD

 1)  PAVING DISTRICT 2631 - GLADSTONE ST. FROM 35TH STREET TO 36TH 
     STREET AND IN 36TH STREET FROM GLADSTONE STREET TO HARTLEY
     STREET. (APPROVED, 7-0)
     Attachment (17K)

 2)  SEWER DISTRICT 1188 - SOUTH 6TH STREET AND CALVERT STREET AREA. 
     (APPROVED, 7-0)
     Attachment (23K)


REMARKS BY/QUESTIONS OF PUBLIC WORKS DEPARTMENT STAFF     


PUBLIC TESTIMONY  -  NONE.


VOTING SESSION


ADJOURNMENT (Sine Die or must set another date and time)  5:39 P.M.  



         ACTION FROM  THE  REGULAR  CITY  COUNCIL  MEETING HELD
                  MONDAY, JANUARY 30, 2017 AT 5:30 P.M.

                     DUE TO THE PRESIDENT'S DAY HOLIDAY, 
        THE CITY COUNCIL WILL NOT MEET ON MONDAY, FEBRUARY 20, 2017

                           ALL MEMBERS PRESENT


                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-7     Appointing Jawad Al-Helfi to the Multicultural Advisory 
               Committee for a term expiring September 18, 2018. 
               (ADOPTED, 7-0; A-90197)
               Attachment (160K)

 2)  17R-17    Appointing Robert Selig to the Lincoln Airport 
               Authority Board to fulfill an unexpired term, expiring
               upon the election of May, 2017. (ADOPTED, 7-0; A-90198)
               Attachment (1228K)

 3)  17R-6     Approving an Interlocal Agreement between the City
               of Lincoln and Lancaster County for purchases made
               with DHS 2016 Grant Year funds from the Southeast
               Region Planning, Exercise, and Training Group with
               Lancaster County acting as the Fiscal Agent for
               Southeast Region. (ADOPTED, 7-0; A-90199)
               Fact Sheet (298K)
               Attachment (3194K)

 4)  17R-8     Approving a Construction Engineering Services Task
               Order Agreement between the City of Lincoln and
               Kirkham Michael and Associates, Inc. for the Lincoln 
               Cavett Connector Trail, Project No. ENH-55(172), 
               Control No. 13079. (ADOPTED, 7-0; A-90200)
               Fact Sheet (357K)
               Attachment (12183K)

 5)  17R-9     Approving Supplemental Agreement No. 2 between the
               City of Lincoln and the Nebraska Dept. of Roads                    
               for the Cavett Connector Trail, Project No. ENH-
               55(172), Control No. 13079, to remove the previous
               requirement to include a date by which the project
               must be under contract. (ADOPTED, 7-0; A-90201)
               Fact Sheet (366K)
               Attachment (653K)

 6)  17R-13    Approving the award of contract to the low bidder for
               the Agreement between the City of Lincoln and the State
               of Nebraska Department of Roads for the Superior
               Street, 27th Street to Cornhusker Highway Project.  
               City Project No. 540031. State Project No. 
               LCLC-5254(10), CN 13316. (MTA #1 ADOPTED, 7-0; ADOPTED 
               AS AMENDED, 7-0; A-90202)
               Fact Sheet (419K)

 7)  17R-14    Approving the award of contract to the low bidder for
               the Agreement between the City of Lincoln and the State
               of Nebraska Department of Roads for the 27th Street, 
               Holdrege Street to Fletcher Avenue Project. City 
               Project No. 540040. State Project No. LCLC-5231(16), 
               CN 13317. (MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0; 
               A-90203)
               Fact Sheet (414K)

 8)  17R-15    Approving the award of contract to the low bidder for
               the Agreement between the City of Lincoln and the State
               of Nebraska Department of Roads for the 10th & Salt 
               Creek Bridge Replacement Project.  City Project No. 
               540027. State Project No. LCLC-5215(3), CN 13233.
               (MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0; A-90204)
               Fact Sheet (413K)

 9)  17R-16    Approving Supplemental Agreement No. 1 between the City
               of Lincoln and Speece Lewis Engineering, Inc. to provide 
               additional design phase services for the 10th & Salt 
               Creek Bridge Replacement Project. (State Project No. 
               LCLC-5215(3), CN 13233, City Project No. 540027).
               (ADOPTED, 7-0; A-90205)
               Fact Sheet (411K)
               Attachment (4672K)

10)  17R-19    Approving a Contract between the City of Lincoln and En
               Pointe Technologies Sales LLC for Commercial Off The
               Shelf (COTS) Software Value Added Reseller Services,
               pursuant to NASPO ValuePoint Master Agreement ADSPO16-
               130653, State of Nebraska Contract No. 14601 OC, for 
               a term effective upon the City's execution of this
               contract through April 7, 2018 in the amount of
               $750,000.00. (ADOPTED, 7-0; A-90206)
               Fact Sheet (336K)
               Attachment (1804K)

11)            Lincoln Electric System Financial and Operating
               Statement for November, 2016.  (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

12)            Setting the hearing date of Monday, February 13, 2016,
               at 3:00 p.m. on the Application of Sai Properties Inc.
               dba Comfort Suites N Cotner for a Class I Liquor
               License located at 331 N. Cotner Blvd. (ADOPTED, 7-0; 
               A-90207)

13)            Setting the hearing date of Monday, February 13, 2016,
               at 3:00 p.m. on the Application of Cereus Snowbirds LLC
               dba Bodega's Alley for a Class C Liquor License located
               at 1418 O Street. (ADOPTED, 7-0; A-90208)

14)            Setting the hearing date of Monday, February 13, 2016,
               at 3:00 p.m. on the Application of Blur Parties Inc.
               dba Blur Parties for a Class DK Liquor License located
               at 2501 West L Street. (ADOPTED, 7-0; A-90209)

15)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 16071, to Change of Zone No. 
               15004, Vavrina Meadows PUD, approved by the Planning 
               Director on January 20, 2017, to modify the lot 
               configuration to allow individual buildings within lots 
               and parking and drive aisles within a common outlot, and 
               reduce the size of the detention area, generally located 
               at S. 14th Street and Yankee Hill Road.
               Administrative Amendment No. 16069, to Change of Zone No. 
               09011, Southlake PUD, approved by the Planning Director on 
               January 23, 2017, to show a different lot layout including 
               modified alignment for private roadway including waivers to 
               Design Standards, which re-names the private roadway from 
               Spring Tide Drive to Kubik Drive, and modifies the land use 
               table to no longer include retail, restaurants or office, 
               and delineates setbacks for Lots 1 and 2, Block 2, generally 
               located at S. 91st Street and Highway.

16)            THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.:
               Change of Zone No. 16031, requested by Civil Design Group, 
               from AG (Agricultural District) to I-2 (Industrial Park 
               District), on property generally located at North 70th 
               Street and Arbor Road. 
               Change of Zone No. 17001, requested by Mark Wilkinson, 
               from H-1 (Interstate Commercial District) to H-3 (Highway 
               Commercial District), on property generally located at 
               3100 NW 12th Street.
               Special Permit No. 16060, requested by Trent Reed, Reed 
               Design Architects, to allow for the remodeling of an 
               existing garage and the addition of a second floor above 
               the garage, on property generally located at 2340 
               Woodsdale Boulevard.
               Text Amendment No. 16020, requested by A & B Auto Sales, 
               amending Title 27 of the Lincoln Municipal Code ("Zoning 
               Ordinance") by amending Section 27.62.100(c)(2) to modify 
               the front yard and side yard setbacks for car sales; Section 
               27.67.030 to allow parking in the side yard of commercial 
               and industrial districts when not abutting a residential 
               district; Section 27.67.040 to create a new parking 
               requirement for motorized vehicle sales of three stalls for 
               sales lots less than two acres; Section 27.72.060 to allow
               motorized vehicle sales in the same locations as parking 
               with requirements for how vehicles for sale in the front 
               yard can be displayed; Chapter 3.45 Design Standards for 
               Parking Lots to clarify which parking lot requirements are 
               applicable to vehicle sales lots; Chapter 3.50 Design 
               Standards for Screening and Landscaping to clarify that 
               parking lot screen applies to vehicle sales lots, and 
               repealing Sections 27.62.100(c)(2), 27.67.030, 27.67.040, 
               and 27.72.060 of the Lincoln Municipal Code as hitherto 
               existing.


17)       MISCELLANEOUS REFERRALS  -  NONE.

                     - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

18)            Manager Application of Aaron M. Dansky for Home-Grown
               Industries of Lincoln LLC dba Mellow Mushroom at 601 R
               Street, Suite 110. (ADOPTED FOR APPROVAL, 7-0; A-90210)


PUBLIC HEARING - RESOLUTIONS 

19)   17R-18   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, 2017. (MTA #1 ADOPTED, 
               7-0; ADOPTED AS AMENDED, 7-0; A-90211)
               Fact Sheet (30K)
               Attachment (58K)
               Motion To Amend (23K)

20)  17R-20    Approving an amendment to the 9th and O Redevelopment 
               Project Amendment of the Lincoln Center Redevelopment 
               Plan to include the potential use of EEA funds for eligible 
               improvements relating to the redevelopment of property on 
               private property generally located between 9th and 10th on 
               the south side of O Street, north of the east/west alley,
               not to include the Terminal Building, and adjacent
               rights of way. (ADOPTED, 5-2; AYES: CAMP, CHRISTENSEN, 
               ESKRIDGE, GAYLOR BAIRD, RAYBOULD; NAYS: FELLERS, LAMM; 
               A-90212)
               Fact Sheet (391K)
               Attachment (1929K)

21)  17R-21    Authorizing a transfer of appropriations in the amount
               of up to $50,000 from Miscellaneous Budget/Contingency
               to City Council/Regular Salaries to cover the costs of
               hiring an additional City Council staff person and/or
               adding responsibilities to the current City Council
               staff position for fiscal year 2016-2017. 
               (AMENDED, 5-2; AYES: CAMP, CHRISTENSEN, ESKRIDGE, 
               FELLERS, LAMM; NAYS: GAYLOR BARID, RAYBOULD; ADOPTED
               AS AMENDED, 6-1; AYES: CAMP, CHRISTENSEN, ESKRIDGE, 
               FELLERS, LAMM, RAYBOULD; NAYS: GAYLOR BAIRD; A-90213)
               Fact Sheet (244K)

22)  17R-22    The Council requests the Charter Revision Commission to
               review and report back to the Council and to the Mayor
               on the Charter provisions relating to the adoption of
               the City's budget. (ADOPTED, 7-0; A-90214)
               Fact Sheet (225K)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
        (ITEMS 23 THRU 30 HAD 2ND READING; SEE ITEM 30)

23)  17-7      Change of Zone 16043 Application of E&G Enterprises,
               LLC for a change of zone from R-2 Residential District
               to O-3 Office Park District on property generally
               located at 8080 O Street. (Related Items: 17-7, 17R-10)
               Fact Sheet (1271K)

24)  17R-10    Use Permit 16011 Application of E&G Enterprises, LLC
               to allow an early childhood care facility up to 8,000
               square feet in size for 130 children along with waivers
               to reduce the rear yard, side yard, and sign location
               setback requirements in the O-3 District, on property
               generally located at 8080 O Street. (Related Items:
               17-7, 17R-10)
               Fact Sheet (955K)

25)  17-8      Change of Zone 16034 Application of Kelly Custom
               Homes, LTD to designate the John G. Cordner House as a
               Landmark, changing the zoning district from R-2
               Residential to R-2 Residential with Landmark Overlay,
               on property generally located at 325 South 55th Street. 
               (Related Items: 17-8, 17R-11)
               Fact Sheet (3777K)
               Attachment (3138K)

26)  17R-11    Special Permit 16055 Application of Kelly Custom Homes, 
               LTD for Historic Preservation of the John G. Cordner 
               House to permit a Community Unit Plan consisting of 9 
               dwelling units, with waivers to eliminate pedestrian way 
               sidewalk requirements, to allow lots to exceed lot width-
               to-depth ratio, to eliminate requirement that lots front 
               upon a public street, to reduce front yard setbacks, 
               minimum lot width and minimum lot area, and to exceed 
               community unit plan density requirements, on property 
               generally located at 325 South 55th Street.  (Related
               Items: 17-8, 17R-11)
               Fact Sheet (1736K)

27)  17-9      Change of Zone 16039 Application of First Street Bible 
               Church to designate the former First German Congregational 
               Church as a Landmark, changing the zoning district from R-4 
               Residential to R-4 Residential with Landmark Overlay, on 
               property generally located at 100 West F Street. 
               (Related Items: 17-9, 17R-12)
               Fact Sheet (1230K)
               Attachment (3260K)

28)  17R-12    Special Permit 16058 Application of First Street Bible 
               Church for Historic Preservation of the former First 
               German Congregational Church to allow reduction of the 
               rear yard to 10 feet and variance of parking requirements, 
               on property generally located at 100 West F Street. 
               (Related Items: 17-9, 17R-12)
               Fact Sheet (678K)

29)  17-10     Approving a Real Estate Sales Agreement between the City 
               of Lincoln and Ventre A Terre, LLC for the sale of City 
               owned property generally located at the northwest corner 
               of 21st and Y Streets.
               Fact Sheet (436K)
               Attachment (3483K)

30)  17-11     Amending Chapter 8.32 of the Lincoln Municipal Code to 
               increase recycling by requiring waste haulers to offer 
               curbside recycling service to customers, diverting 
               corrugated cardboard from the landfill, increasing 
               capacity for City-owned recycling drop-off sites, 
               improving data available with respect to recycling in 
               Lincoln, and implementing a community wide recycling 
               education campaign. (1/23/17 - RULES SUSPENDED TO 
               HAVE PUBLIC HEARING & ACTION ON 1/30/17) (PASSED, 6-1; 
               AYES: CHRISTENSEN, ESKRIDGE, FELLERS, GAYLOR BAIRD, 
               LAMM, RAYBOULD; NAYS: CAMP; #90433)
               Fact Sheet (440K)

                     - END PUBLIC HEARING -


ORDINANCES - 3RD READING & RELATED RESOLUTIONS

31)  17-1      Annexation 16013 Amending the Lincoln Corporate Limits Map 
               by annexing approximately 39.5 acres of property generally 
               located at South 66th Street and Pine Lake Road.
               (PASSED, 7-0; #20434)
               Fact Sheet (2506K)

32)  17-2      Text Amendment 16019 Amending Sections 27.06.180 and
               27.62.150 of the Lincoln Municipal Code relating to
               Manufacturing, Processing, Storage, and Distribution
               Use Group to add assembly facilities as a conditional
               use in the H-4 zoning district and further amending
               Section 27.62.150 to require any parts used in the
               assembly process to be screened from public view;
               amending Section 27.63.470 to add assembly facilities
               in a planned service commercial development as a
               special permitted use in the H-4 district; and
               repealing Sections 27.06.180, 27.62.150, and 27.63.470
               as hitherto existing. (PASSED, 7-0; #20435)
               Fact Sheet (975K)

33)  17-3      Dedicating land located on the west side of SW 27th Street, 
               north of West A Street, as street right-of-way for SW 27th 
               Street. (PASSED, 7-0; #20436)
               Fact Sheet (334K)
               Attachment (835K)

34)  17-6      Amending Chapter 8.52 of the Lincoln Municipal Code
               relating to the Graffiti Abatement Act to remove an
               unused volunteer appeals board and provide for
               administrative review. (PASSED, 7-0; #20437)
               Fact Sheet (359K)

35)  17-4      Approving an Agreement for PCS Tower and Appurtenances
               between the City and T-Mobile Central LLC to locate a
               communication facility on property generally located at
               7401 S. 56th Street. (PASSED, 7-0; #20438)
               Fact Sheet (303K)
               Attachment (14012K)

36)  17-5      Approving an Agreement for PCS Tower and Appurtenances
               between the City and T-Mobile Central LLC to locate a
               communication facility on property generally located at
               4375 S. 33rd Court. (PASSED, 7-0; #20439)
               Fact Sheet (303K)
               Attachment (14549K)


RESOLUTIONS - 1ST READING  (ITEMS 37 THRU 40 HAD 1ST READING)

37)  17R-23    Reappointing Karen Nalow to the Nebraska Capitol
               Environs Commission for a term expiring January 9,
               2020. (Consent)

38)  17R-24    Reappointing Tammy Eagle Bull, Gill Peace, and Michelle
               Penn to the Urban Design Committee for terms expiring
               February 1, 2020. (Consent)

39)  17R-25    Appointing James Gordon to the Veterans Memorial Garden
               Advisory Council for a term expiring November 1, 2019.
               (Consent)
               Attachment (189K)

40)  17R-27    Approving the Wilderness Hills Commercial Center PUD S.
               40th Street Directed Arterial Street Impact Fee Agreement 
               between the City of Lincoln and Lincoln Federal Bancorp, 
               Inc. to direct arterial street impact fees collected from 
               development of properties within the Wilderness Hills 
               Commercial Center PUD to reimburse the owners of the 
               Wilderness Commons development or Lincoln Federal, as the 
               owner of the Wilderness Hills development, for the cost 
               of constructing the South 40th Street Improvements located 
               south of Hohensee Drive, pursuant to the Wilderness Commons
               Conditional Annexation and Zoning Agreement and/or the
               Wilderness Heights Conditional Annexation and Zoning
               Agreement.
               Fact Sheet (430K)
               Attachment (1448K)


ORDINANCES - 1ST READING & RELATED RESOLUTIONS
     (ITEMS 41 THRU 45 HAD 1ST READING; SEE ITEM 43)

41)  17-12     Annexation 16014   Amending the Lincoln Corporate Limits 
               Map by annexing approximately 9.25 acres of property 
               generally located at Northwest 48th Street and West 
               Holdrege Street. (Related Items: 17-12, 17-13)
               Fact Sheet (6375K)
               Attachment (353K)

42)  17-13     Change of Zone 07063A Application of Ringneck Development, 
               LLC, to amend the I-80 West Lincoln Business Center Planned 
               Unit Development for a change of zone from AG Agricultural 
               District to R-3 Residential District; under a Planned Unit
               Development District designation of said property; and to 
               approve an amended development plan which proposes 
               modifications to the Zoning Ordinance and Design Standards  
               to allow the development of up to 41 dwelling units, with 
               a mix of single-family detached and attached units, on 
               property generally located at Northwest 48th Street and 
               West Holdrege Street. (Related Items: 17-12, 17-13)
               Fact Sheet (5368K)

43)  17-14     Change of Zone 16044 Application of Southwest Folsom 
               Development, LLC for a change of zone from R-4 Residential 
               District to R-3 Residential District on property generally 
               located at South Folsom Street and West Amaranth Lane.
               (Request to delay public hearing to 2/13/17)
               (PUBLIC HEARING DELAYED TO 2/13/17, 7-0)
               Fact Sheet (1347K)

44)  17-15     Text Amendment 16017 Amending Sections 4.36.010, 4.36.030, 
               4.36.040, 4.36.050, 27.06.070, 27.06.100, 27.06.130, 
               27.06.170, 27.06.180, 27.25.080, 27.35.080, 27.56.017, 
               27.56.120, 27.56.160, 27.57.150, 27.62.040, 27.63.175,
               27.69.040, and 27.72.030, repealing said Sections as 
               hitherto existing, adding a new Section 4.36.070, and 
               repealing Section 27.67.050; to add zoning application 
               review responsibilities for the Urban Design Committee, 
               the Capitol Environs District, and Historic Preservation 
               Commission; to amend provisions regarding the Capitol 
               Environs District to revise definitions, and modify
               additional height and area requirements; to amend zoning 
               regulations regarding the B-4 District, to delete certain 
               uses from the B-4 District, to provide there is no required 
               parking in the B-4 District, to delete B-4 District Special 
               Parking Requirements, and to modify B-4 District sign
               requirements and height and lot requirements; to amend B-4 
               and O-1 zoning regulations to provide that in the B-4 and 
               O-1 Districts application for a building permit shall be 
               reviewed for compliance with Subarea Design Standards; and 
               to define B-4 and O-1 zoned areas subject to South Haymarket
               Design Standards. (Related Items 17-15, 17R-26)
               Fact Sheet (1365K)

45)  17R-26    Text Amendment 16018 Amending Title 1 General Provisions of 
               the City of Lincoln Design Standards to modify the procedures 
               regarding waivers; amending Title 3 Lincoln Design Standards 
               by amending Chapter 3.75 Neighborhood Design Standards, 
               Chapter 3.76 Lincoln Downtown Design Standards, and Chapter 
               3.85 Capitol Environs Design Standards; by adding a new 
               Chapter 3.77 to adopt South Haymarket Design Standards; and 
               repeal referenced Sections of the City of Lincoln Design 
               Standards as hitherto existing. (Related Items 17-15, 
               17R-26)
               Fact Sheet (1286K)
               Attachment (16866K)


PENDING LIST - DATE CERTAIN

46)   16R-281  Approving an Advertising Agreement between the City of Lincoln 
               Parks and Recreation City Golf Courses and Bench Craft Company 
               which will provide revenue from advertisement at all five 
               municipal golf courses and will provide score cards, benches, 
               and other supplies and equipment for each course at no cost. 
               (12/19/16 - Placed on Pending until 02/27/17)
               Fact Sheet (366K)
               Attachment (3058K)
               

PENDING LIST

47)  16R-291   Directing submittal to the qualified electors of the
               City a proposed Charter Amendment amending Article IX,
               Sections 25, 25a, 26 and 26a of the Charter relating to
               the City Annual and Biennial Budgets. (12/19/16 -
               Public Hearing  & Action Cont'd to 1/09/17) (1/9/17 -
               Placed on Pending)
               Fact Sheet (229K)
               Attachment Sub (104K)
               Motion To Amend (6K)


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 JANUARY, OPEN MICROPHONE SESSIONS WILL BE
     HELD ON JANUARY 9TH & 30TH.

ADJOURNMENT  9:00 P.M.


UPCOMING HEARINGS

     Hearing date of Monday, February 6, 2017 at 3:00 p.m. on the
     Manager Application of Montana R. Childress for Nebraska Club at
     233 South 13th Street.

     Hearing date of Monday, February 6, 2017 at 3:00 p.m. on the
     Application of Lazzaris Downtown at 1430-1434 O Street,
     requesting to remove the 1430 O Street address from license
     leaving only the 1434 O Street.    

     Hearing date of Monday, February 6, 2017 at 3:00 p.m. on the
     Application of Hergert Oil Company dba Super C for a Class D
     Liquor License located at 2601 Ticonderoga.
     
                                  ***
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                                  ***
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                                  ***
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