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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, OCTOBER 3, 2016 AT 3:00 P.M. ALL MEMBERS PRESENT DUE TO THE CITY OF LINCOLN INDIGENOUS PEOPLES' DAY - COLUMBUS DAY HOLIDAY, THERE WILL BE NO CITY COUNCIL MEETING ON MONDAY, OCTOBER 10, 2016, HOWEVER, CITY OFFICES WILL BE OPEN. THE CITY COUNCIL HAS CHANGED THEIR MEETING SCHEDULE AS FOLLOWS: MON., OCTOBER 24, 2016 WILL NOW BE AT 5:30 PM. MON., OCTOBER 31, 2016 WILL NOW BE AT 3 P.M. A SPECIAL PUBLIC HEARING SHALL BE HELD ON MONDAY,OCTOBER 3, 2016 AT 3 P.M. FOR SETTING A TAX RATE TO SET THE TAX REQUEST AT AN AMOUNT DIFFERENT THAN THE PROPERTY TAX REQUEST FOR THE PRIOR YEAR ON THE FOLLOWING RESOLUTION 1) 16R-217 Approving the 2016-2017 City tax rate of .33366 per $100.00 of assessed valuation. (WITHDRAWN, 7-0; 38-4673) Fact Sheet (240K) PUBLIC HEARING - CONSENT AGENDA Anyone wishing to address an item on the Consent Agenda may do so at this time REPORTS OF CITY OFFICERS 2) 16R-209 Reappointing Janet Goodman-Banks, Olga R. Kanne, and Colette M. Polite to the Multicultural Advisory Committee for terms expiring September 18, 2019. (ADOPTED, 7-0; A-90007) 3) 16R-210 Reappointing Don Schroeder and Jeff Hlavac to the Electrical Advisory & Appeals Board for terms expiring August 15, 2019. (ADOPTED, 7-0; A-90008) 4) 16R-211 Reappointing Patrick Finnegan to the Citizen Police Advisory Board for a term expiring November 17, 2019. (ADOPTED, 7-0; A-90009) 5) 16R-212 Approving a Contract between the City of Lincoln and Fisher Scientific for Laboratory Equipment and Supplies, pursuant to NASPO ValuePoint Master Agreement MA 160000234-1, State of Nebraska Contract No. 14491 OC, for a term effective upon the City's execution of this contract through March 31, 2019 in the amount of $112,500.00. (ADOPTED, 7-0; A-90010) Fact Sheet (285K) Attachment (1870K) 6) Mayor's Veto Message on Resolution A-89979 - Approving the 2016-2017 City tax rate of 0.32194 per $100.00 of assessed valuation. (PLACED ON FILE) 7) Clerk's Letter and Mayor's approval of Resolution and Ordinances passed by City Council on September 19, 2016. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 8) Setting the hearing date of Monday, October 17, 2016 at 3:00 p.m. on the Application of Mesal Enterprises LLC dba On the Go for a Class D Liquor License at 5240 South 48th Street. (ADOPTED, 7-0; A-90011) 9) Setting the hearing date of Monday, October 24, 2016 at
3:005:30 p.m. on the Application of ACR Corporation dba Jakes Cigars and Spirits for an addition of an area approx. 25' X54' making new description read; Main floor area approx. 62' X 54' at 101 North 14th Street, Suite 1. (ADOPTED, 7-0; A-90012) 10) Setting the hearing date of Monday, October 17, 2016 at 3:00 p.m. on the Manager Application of Courtney P. Rentfro for CEC Entertainment Inc. dba Chuck E Cheese #568 at 221 North 66th Street. (ADOPTED, 7-0; A-90013) 11) Setting the hearing date of Monday, October 17, 2016 at 3:00 p.m. on the Manager Application of Ashley R. Langenberg for Triple D LLC dba Dino's Eastside Grille at 2901 South 84th Street, Suite 16. (ADOPTED, 7-0; A-90014) 12) REFERRED TO THE PLANNING DEPARTMENT: Change of Zone No. 16023, requested by REGA Engineering Group, Inc., from AG (Agricultural District) to H-3 (Highway Commercial District) on approximately 2.62 acres, more or less, on property generally located at 6625 NW 48th Street. Change of Zone No. 16029, requested by J.D. Burt, from R-2 (Residential District) to R-T (Residential Transition District) on property generally located at 46th and Orchard Streets. Change of Zone No. 16030, requested by Costco Wholesale c/o TJ Design Strategies, from AG (Agricultural District) to B-2 (Planned Neighborhood Business District), from AG (Agricultural District) to R-1 (Residential District), and from R-1 (Residential District) to B-2 (Planned Neighborhood Business District), on property generally located on the northeast corner of 14th & Pine Lake Road. Text Amendment No. 16009, requested by Heather Keele, amending Chapter 27.69 of the Lincoln Municipal Code relating to Signs by amending Section 27.69.090 to amend the exception allowing the permitted wall sign on the building fa?ade of places of religious assembly, schools and community playhouses to be increased from a maximum of 20 square feet in area to 100 square feet in area if such use is located a minimum of 200 feet from any street frontage and is located in an AG or AGR district to provide that when such use is located a minimum of 100 feet from any street frontage, the permitted wall sign shall be a maximum of 50 square feet in area, and repealing Section 27.69.090 as hitherto existing. Use Permit No. 16008, requested by Josh Hanshaw, Habitat for Humanity, to allow for the construction of an office in an R-T (Residential Transitional District), on property generally located at 46th and Orchard Streets. Use Permit No. 16009, requested by Costco Wholesale c/o TJ Design Strategies, to allow up to of 177,000 square feet of new commercial floor area including a retail warehouse and motorized vehicle fuel facility, on property generally located at the northeast corner of South 14th Street and Pine Lake Road. 13) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment No. 16060 to Pre-existing Use Permit #16006,Walgreens, approved by the Planning Director on September 20, 2016, for approval of the site plan which includes a note stating that the sale of alcohol for consumption off the premises is allowed, generally located at N. 14th and Superior Streets. Administrative Amendment No. 16062 to Park Place Estates 5th Addition Final Plat, approved by the Planning Director on September 22, 2016, to accept the Affidavit of Surveyor to correct typographical errors on the Final Plat, generally located at Normal Boulevard and Van Dorn Street. 14) MISCELLANEOUS REFERRALS - NONE - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 15) Application of Kill Screen, Inc. dba VS. Arcade Bar for a Class CK liquor license at 247 North 8th Street.(ADOPTED FOR APPROVAL, 7-0; A-90015) 16) Manager Application of Joshua J. Root for Kill Screen, Inc. dba VS. Arcade Bar at 247 North 8th Street.(ADOPTED FOR APPROVAL, 7-0; A-90016) 17) Manager Application of Russell D. Scott for Nebraska Dining Holding, LLC dba Noodles & Company #7102 at 2801 Pinelake Road, Suite X; Noodles & Company #7103 at 210 North 14th Street; and Noodles & Company #7105 at 5001 O Street.(ADOPTED FOR APPROVAL, 7-0; A-90017) 18) Application of Country View Studios, Inc. dba Art & Soul to expand its Class CK liquor license by the addition of a new licensed area described as an irregular shaped single story building measuring approximately 43 feet by 110 feet including outdoor area measuring approximately 78 feet by 10 feet to the east at 5740 Hidcote Drive, Suite A. (ADOPTED FOR APPROVAL, 7-0; A-90018) 19) Application of Boiler Brewing Company, LLC for a special designated license to cover an outdoor area measuring approximately 27 feet by 60 feet at Grand Manse at 129 North 10th Street on October 22, 2016 from 8:00 a.m. to 10:00 p.m. (ADOPTED FOR APPROVAL, 7-0; A-90019) PUBLIC HEARING - RESOLUTIONS 20) 16R-213 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of September 1-15, 2016.(AMENDED TO MOVE CLAIM OF TUSCANY TOWNHOMES LLC FROM DENIED LIST TO ALLOWED LIST, ADOPTED, 4-3 ESKRIDGE, GAYLOR BAIRD, RAYBOULD DISSENTING; MTA #2 ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0; A-90020) Fact Sheet (30K) Attachment (57K) MTA 1 21) 16R-214 Approving an amendment to the Victory Park VA Campus Redevelopment Agreement (Resolution No. A-89264, amended by Resolution No. A-89435) to adjust details related to the phasing and implementation dates contained in the redevelopment agreement. (Request to Continue Public Hearing to 10/17/16)(PUBLIC HEARING AND ACTION CONT'D TO 10/17/16, 7-0) Fact Sheet (470K) Attachment (60K) New Attachment (2M) 22) 16R-215 Assessing Public Health Nuisance Abatement costs associated with the clearing of public nuisances by the Health Department to the following benefitted properties: 2845 Dudley Street, 4514 Hillside Street, 120 A Street, 183 Mormon Trail, 404 Mormon Trail, 3130 Potter Street, 2248 Sheldon Street, 1755 North 30th Street, Surfside Court, 2725 A Street, 1829 Prospect Street, 3138 Dudley Street, 1834 Prospect Street, 4020 St. Paul Avenue, 3800 Worthington Avenue, 1436 E Street, 1709 North 29th Street, 2825 T Street, 2236 South 13th Street, and 1317 Meadow Dale Drive.(MTA #1 ADOPTED, 7-0; QUESTION WAS DIVIDED TO CONSIDER THE PROPERTIES 404 MORMON TRAIL & 3130 POTTER STREET SEPARATELY; REMAINING PROPERTIES WERE ADOPTED, 7-0; ACTION ON 404 MORMON TRAIL & 3130 POTTER STREET WAS DELAYED FOR 2 WEEKS WITH CONTINUED PUBLIC HEARING, 7-0; ADOPTED AS AMENDED, 7-0; A-90021) Fact Sheet (331K) Attachment (1096K) MTA 1 MTA 1A 23) 16R-216 Approving the License Agreement between the City of Lincoln and the University of Nebraska to allow for three bike share stations to be located on University property.(ADOPTED, 7-0; A-90022) Fact Sheet (280K) Attachment (3167K) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (ITEM 24 HAD 2ND READING) 24) 16-93 Creating Alley Re-Paving District No. 50 from 16th to 17th Street between G and H Streets. Fact Sheet (300K) Attachment (852K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS 25) 16-94 Amending Chapters 2.62, 2.65, and 2.66 of the Lincoln Municipal Code with Tax-Qualified Plan language to obtain a new favorable letter of determination from the Internal Revenue Service.(PASSED, 7-0; #20378) Fact Sheet (322K) RESOLUTIONS - 1ST READING (ITEMS 26 THRU 30 HAD 1ST READING) 26) 16R-218 Approving the Amended and Restated Articles of Incorporation and Bylaws for District Energy Corporation. Fact Sheet (785K) Attachment (4034K) A SPECIAL PUBLIC HEARING SHALL BE HELD AT A SPECIAL CITY COUNCIL MEETING ON WEDNESDAY, OCTOBER 5, 2016 AT 9 A.M. FOR SETTING A TAX RATE TO SET THE TAX REQUEST AT AN AMOUNT DIFFERENT THAN THE PROPERTY TAX REQUEST FOR THE PRIOR YEAR ON THE FOLLOWING RESOLUTION 27) 16R-220 Approving the 2016-2017 City tax rate of .33366 per $100.00 of assessed valuation. Fact Sheet (230K) 28) 16R-221 Approving the 2016-2017 City tax rate of 0.32194 per $100.00 of assessed valuation. Fact Sheet (226K) A SPECIAL PUBLIC HEARING SHALL BE HELD AT A SPECIAL CITY COUNCIL MEETING ON TUESDAY, OCTOBER 11, 2016 AT 7:30 A.M. FOR SETTING A TAX RATE TO SET THE TAX REQUEST AT AN AMOUNT DIFFERENT THAN THE PROPERTY TAX REQUEST FOR THE PRIOR YEAR ON THE FOLLOWING RESOLUTION 29) 16R-222 Approving the 2016-2017 City tax rate of .33366 per $100.00 of assessed valuation. Fact Sheet (231K) 30) 16R-223 Approving the 2016-2017 City tax rate of 0.32194 per $100.00 of assessed valuation. Fact Sheet (226K) ORDINANCES - 1ST READING & RELATED RESOLUTIONS (ITEMS 31 THRU 32 HAD 1ST READING) 31) 16-95 Change of Zone 16024 Application of Leighton Ave. Shopping Center, LLC for a change of zone from B-3 Commercial District and R-6 Residential District to B-3 Planned Unit Development District on property generally located at North 48th Street and Leighton Avenue. (Related Items: 16-95, 16R-219) Fact Sheet (5317K) 32) 16R-219 Comp. Plan Conformance 16006 Approving an amendment to the University Place Redevelopment Plan to add the 48th & Leighton Mixed-Use Redevelopment Project" to redevelop three underutilized parcels with existing surface parking lots and deteriorating structures into a mixed-use development including market-rate residential units and first floor commercial space, on property generally located at North 48th Street and Leighton Avenue. (Related Items: 16-95, 16R-219)(Action Date: 10/24) Fact Sheet (2365K) Attachment (5038K) PENDING LIST - DATE CERTAIN - NONE PENDING LIST - NONE ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA, MAY DO SO AT THE OPEN MICROPHONE SESSION. INDIVIDUALS ARE ALLOWED A TOTAL OF 5 MINUTES TO SPEAK REGARDLESS OF THE NUMBER OF TOPICS. FOR THE MONTH OF OCTOBER, OPEN MICROPHONE SESSIONS WILL BE HELD ON OCTOBER 17TH & 31ST24TH. ADJOURNMENT 4:46 P.M. UPCOMING HEARINGS CAMP AND LAMM WITHDREW THEIR REQUEST FOR A SPECIAL CITY COUNCIL MEETING TO BE HELD ON TUESDAY, OCTOBER 4, 2016 AT 8:00 A.M. *** The Lincoln City Council meets at 3 p.m. Mondays except for holidays. One meeting a month, usually the last one, begins at 5:30 p.m. All meetings are aired live on 5 CITY-TV and re-aired on Mondays at 7 p.m., Tuesdays at 12 a.m. and Saturdays at 12:30 p.m. 5 CITY-TV is available on Time Warner Cable(TWC) and Windstream Kinetic channel 5. TWC customers will need a digital cable box or digital adapter. Those with built-in digital cable tuners (QAM) will find the meetings on channel 71.14. The meetings are also streamed live on the Internet and available later through video-on-demand at lincoln.ne.gov (click on the 5 CITY-TV icon). *** The City Council Agenda and Action Sheet may be accessed on the Internet at: lincoln.ne.gov *** ACCOMMODATION NOTICE The City of Lincoln complies with Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973 guidelines. Ensuring the public's access to and participating in public meetings is a priority for the City of Lincoln. In the event you are in need of a reasonable accommodation in order to attend or participate in a public meeting conducted by the City of Lincoln, please contact the Director of Equity and Diversity, Lincoln Commission on Human Rights, at (402) 441-7624 as soon as possible before the scheduled meeting date in order to make your request.