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Formal Agenda


                                
       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 (WITHDRAWN, 7-0; 38-4673)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 3:00 5:30 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 & 31ST 24TH.


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.

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