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Formal Agenda


       ACTION FROM  THE  REGULAR  CITY  COUNCIL  MEETING HELD
                MONDAY, APRIL 10, 2017 AT 3:00 P.M.

                ALL MEMBERS PRESENT EXCEPT CAMP

                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)            Setting the Board of Equalization Hearing Date of
               Monday, May 1, 2017 at 3:00 p.m. on the North 27th
               Street Maintenance Improvement District, the University
               Place Maintenance Improvement District, the South
               Street Maintenance Improvement District, the Havelock
               Maintenance Improvement District, the College View
               Maintenance Improvement District and the West "O"
               Street Maintenance Improvement District.(ADOPTED, 
               6-0; A-90362)

 2)            Clerk's Letter and Mayor's Approval of Resolution and
               Ordinances Passed by City Council on March 20, 2017. 
               (PLACED ON FILE

 3)            Clerk's Letter and Mayor's Approval of Resolution and
               Ordinances Passed by City Council on March 27, 2017. 
               (PLACED ON FILE

 4)            2016 City Law Department Annual Report.(PLACED ON FILE


PETITIONS & COMMUNICATIONS

 5)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 17027 to Final Plat No. 
               16049, Williamsburg Village North 37th Addition Final 
               Plat, approved by the Planning Director on March 30, 
               2017, to accept the Affidavit of Surveyor to correct 
               typographical errors on the final plat, generally 
               located at S. 34th Street and Old Cheney Road.

 6)            THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT:
               Special Permit No. 494F Requested by HarbourWest MHC, 
               to expand the Harbour West Meadows CUP (Community Unit 
               Plan) to allow a new waiver of Section 27.63.120(e) for 
               construction of carports in the required setback from 
               roadways, on generally located at 1440 West Plum Street. 
               Text Amendment No. 17003 Requested by James Christo, 
               to amend the Lincoln Municipal Code 27.67.030 and Design 
               Standards Chapter 3.75, to revise front yard parking 
               requirements in the R-5, R-6, and R-7 zoning districts 
               and to align Neighborhood Design Standards with zoning 
               code, and repealing Sections 27.67.030 of the Lincoln 
               Municipal code as hitherto existing.
               Text Amendment No. 16015 Requested by Home Builders 
               Association of Lincoln, to amend Chapter 27.59 of the 
               Lincoln Municipal Code relating to Airport Zoning 
               Regulations to modify requirements for height permits, 
               by adding a new section numbered 27.59.065 to provide 
               exceptions to required height permits, and repealing 
               Sections 27.59.010 and 27.59.060 of the Lincoln Municipal 
               code as hitherto existing.
               Text Amendment No. 17004 Requested by Airport Authority 
               of the City of Lincoln, NE, to amend Chapter 27.59 of 
               the Lincoln Municipal Code relating to Airport Zoning 
               Regulations to modify requirements for height permits, 
               by adding a new section numbered 27.59.065 to provide 
               exceptions to required height permits, adding a new 
               section numbered 27.59.067 regarding notice to FAA of 
               certain construction, and repealing Sections 27.59.010 
               and 27.59.060 of the Lincoln Municipal code as hitherto 
               existing.
               Use Permit No. 15002A Requested by TR Novak, LLC, to 
               add 120 dwelling units on 12.23 acres, more or less, 
               on property generally located at NW 12th Street 
               southwest of Isaac Drive.

 7)       MISCELLANEOUS REFERRALS - NONE

                     - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

 8)            Application of Whiskey Run Creek Vineyard & Winery, LLC
               for a special designated license to cover an outdoor
               area measuring approximately 60 feet by 90 feet at The
               Shoppes at Piedmont at 1265 South Cotner Boulevard on
               May 20, 2017 between 3:00 p.m. and 11:00 p.m. (4/3/17 
               - Public Hearing & Action delayed 1 week to 4/10/17)
               (ADOPTED FOR APPROVAL, 6-0; A-90363)

 9)            Application of Yummy China, Inc. dba Mr. Hui's II for 
               a Class I liquor license at 4131 Pioneer Woods Drive,
               Suite 102.(ADOPTED FOR APPROVAL, 6-0; A-90364) 

10)            Manager Application of Nan Chen for Yummy China, Inc.
               dba Mr. Hui's II at 4131 Pioneer Woods Drive, Suite
               102.(ADOPTED FOR APPROVAL, 6-0; A-90365)

11)            Application of Global Warming, Inc. dba The Mill for 
               a Class C liquor license at 2021 Transformation Drive,
               Unit 3.(ADOPTED FOR APPROVAL, 6-0; A-90366)

12)            Manager Application of Tamara S. Sloan for Global
               Warming, Inc. dba The Mill at 2021 Transformation
               Drive, Unit 3.(ADOPTED FOR APPROVAL, 6-0; A-90367)

13)            Application of Halftime Sports Bar & Grill, LLC dba
               Halftime Sports Bar & Grill for a Class I liquor
               license at 200 West P Street.(ADOPTED FOR APPROVAL, 
               6-0; A-90368)

14)            Manager Application of Michelle A. Anderson for
               Halftime Sports Bar and Grill, LLC dba Halftime Sports
               Bar and Grill at 200 West P Street.(ADOPTED FOR APPROVAL, 
               6-0; A-90369)

15)            Application of Casey's Retail Company dba Casey's
               General Store #2729 for a Class D liquor license at
               5500 Superior Street.(ADOPTED FOR APPROVAL, 6-0; A-90370)

16)            Manager Application of Tina M. Krings for Casey's
               Retail Company dba Casey's General Store #2729 at 5500
               Superior Street.(ADOPTED FOR APPROVAL, 6-0; A-90371)

17)            Application of Casey's Retail Company dba Casey's
               General Store #2745 for a Class D liquor license at
               2243 North Cotner Boulevard.(ADOPTED FOR APPROVAL, 
               6-0; A-90372)

18)            Manager Application of Tina M. Krings for Casey's
               Retail Company dba Casey's General Store #2745 at 2243
               North Cotner Boulevard.(ADOPTED FOR APPROVAL, 6-0; 
               A-90373)

19)            Application of Omaha Exposition & Racing for a special
               designated license to cover an outdoor area measuring
               approximately 55 feet by 205 feet, 440 feet by 123
               feet, and 35 feet by 60 feet at Lincoln Race Course at
               7055 South 1st Street on May 5, 6, & 20; June 10;
               September 8 & 15; and November 4, 2017 from 7:00 a.m.
               to 1:00 a.m.(ADOPTED FOR APPROVAL, 6-0; A-90374)

20)            Applications of Stonebridge Vineyard, Inc.; 
               Glacial Till Vineyard & Winery, LLC; 
               Niobrara Valley Vineyards LLC; BABS, Inc.; 
               Deer Springs Winery; Miretta Vista Winery; 
               Soaring Wings Vineyard, LLC; Aspire Cellars, LLC; 
               and Kimmel Orchard & Vineyard for a special designated 
               license to cover an outdoor area measuring approximately 
               60 feet by 90 feet at The Shoppes at Piedmont at 1265 
               South Cotner Boulevard on May 20, 2017 between 3:00 p.m. 
               and 11:00 p.m. (ADOPTED FOR APPROVAL, 6-0; A-90375)

21)            Application of Glacial Till Vineyard for a special
               designated license to cover an outdoor area measuring
               approximately 10 feet by 10 feet at Old Cheney Road
               Farmers Market at 5500 Old Cheney Road on April 30; May
               7, 14, 21, & 28; June 4; July 23 & 30; August 6, 13,
               20, & 27; September 3, 10, 17, & 24; and October 1, 8,
               15, 22, & 29, 2017 between 10:00 a.m. and 2:00 p.m.
               (ADOPTED FOR APPROVAL, 6-0; A-90376)

22)            Application of Glacial Till Vineyard for a special
               designated license to cover an outdoor area measuring
               approximately 10 feet by 10 feet at Historic Haymarket
               Farmers Market at 7th and P Streets on May 6, 13, 20, 
               & 27; June 3, 10, 17, & 24; July 1, 8, 15, 22, & 29; 
               August 5, 12, 19, & 26; September 2, 9, 16, 23, & 30; 
               and October 7 & 14, 2017 between 8:00 a.m. and noon.
               (ADOPTED FOR APPROVAL, 6-0; A-90377)

PUBLIC HEARING - RESOLUTIONS

23)  17R-100   Approving the renewal of an Interlocal Service
               Agreement between the City of Lincoln and the Board 
               of Regents of the University of Nebraska-Lincoln for
               hosting and maintaining a portal for online food
               handler and city alcohol training programs and
               providing technical support services.(ADOPTED, 
               6-0; A-90378)
               Fact Sheet (376K)
               Attachment (4626K) 

24)  17R-99    Comp. Plan Conformance 17004 Approving the proposed
               Cotner and P Street Redevelopment Plan on approximately
               11.6 acres for a 4-story multi-family residential
               infill development with approximately 153 market-rate
               residential units, and associated underground and
               surface parking, on property generally located between
               P and R Streets, 56th Street to North Cotner
               Boulevard.(ADOPTED, 6-0; A-90379) 
               Fact Sheet (1399K)
               Attachment (13251K)

25)  17R-101   Approving the Nebraska Innovation Campus (NIC) Phase 
               II Redevelopment Agreement between the City of Lincoln 
               and Nebraska Nova, LLC relating to the redevelopment 
               of property generally located near the intersection of
               21st and Transformation Drive for a new three story 
               office building of approximately 80,000 square feet 
               and related public improvements. (Related Items: 
               17R-101, 17R-102)(ADOPTED, 6-0; A-90380)
               Fact Sheet (371K)
               Attachment (3083K)

26)  17R-102   Amending the FY 16/17 CIP to authorize and appropriate
               $3,116,291 in TIF funds for the Nebraska Innovation
               Campus (NIC) Phase II Project. (Related Items: 
               17R-101, 17R-102)(ADOPTED, 6-0; A-90381)
               Fact Sheet (239K)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
      (ITEMS 27 THRU 32 HAD 2ND READING. SEE ITEMS 28 AND 32)

27)  17-50     Adopting the supplements to the Lincoln Municipal Code 
               dated June 2016 and December 2016 as part of the 
               official Lincoln Municipal Code.
               Fact Sheet (220K)
               Attachment (229965K)

28)  17-52     Ordinance approving a Master Tax-Exempt Lease/Purchase 
               Agreement and Property Schedule No. 3 with U.S. Bancorp 
               Government Leasing and Finance, Inc. and a related 
               escrow agreement for street maintenance equipment in the 
               amount of $2,232,502.76. (Request for 2nd & 3rd Reading 
               w/Action on 4/10/17)(RULES SUSPENDED TO HAVE 3RD READING 
                & ACTION ON THIS DATE, 6-0; PASSED, 6-0; #20477)
               Fact Sheet (290K)

29)  17R-96    Approving the Lumberworks Liner Building Redevelopment
               Agreement between the City of Lincoln and Lumberworks
               Lofts, LLC relating to the redevelopment of property
               generally located east of Canopy Street and south of 
               O Street adjacent to the Lumberworks Parking Garage.
               (Related Items: 17R-96, 17R-95, 17-46) (Action date:
               4/17/17)
               Fact Sheet (443K)
               Attachment (3044K)

30)  17R-95    Amending the FY 16/17 CIP to authorize and appropriate
               $2,041,096 in TIF funds for the Lumberworks Liner
               Building Redevelopment Project. (Related Items: 
               17R-96, 17R-95, 17-46)  (Action date: 4/17/17)
               Fact Sheet (441K)

31)  17-46     Authorizing the issuance of Tax Allocation Bonds for 
               the Lumberworks Liner Building Redevelopment Project.  
               (Related Items: 17R-96, 17R-95, 17-46)

32)  17-51     Text Amendment 16020 Amending Title 27 of the Lincoln 
               Municipal Code relating to the Zoning Code by amending 
               Section 27.62.100(c)(2) to modify the front and side 
               yard setbacks for car sales and remove conditions that 
               are no longer needed; by amending Section 27.67.040 to 
               create a new parking requirement for motorized vehicle 
               sales for lots less than two acres; and repealing 
               Sections 27.62.100(c)(2) and 27.67.040 of the Lincoln
               Municipal Code as hitherto existing.(PUBLIC HEARING 
               CONTINUED 3 WEEKS TO 5/1/17, 6-0)
               Fact Sheet (2290K)

                     - END PUBLIC HEARING -


ORDINANCES - 3RD READING & RELATED RESOLUTIONS

33)  17R-98    Approving the 9th and O Redevelopment Agreement between 
               the City of Lincoln and HLI Development, LLC relating to 
               the redevelopment of property generally bounded by 9th 
               Street on the west, 10th Street on the east, and O
               Street on the north. (Related Items: 17R-98, 17R-97,
               17-47, 17-48, 17-49)(Action Date: 4/10/17)(MTA #1 ADOPTED, 
               6-0; ADOPTED AS AMENDED, 6-0; A-90382)
               Fact Sheet (479K)
               Attachment (5043K)
               Motion To Amend (9K)
               Agreement (2216K)

34)  17R-97    Amending the FY 16/17 CIP to authorize and appropriate
               $14,013,514 $11,663,514 in TIF funds and $2,350,000 in 
               EEA funds for the 9th and O Redevelopment Project. 
               (Related Items: 17R-98, 17R-97, 17-47, 17-48, 17-49)  
               (Action Date: 4/10/17)(MOTION TO SPLIT THE QUESTION 
               APPROVED, 6-0; AYES: CHRISTENSEN, ESKRIDGE, FELLERS, 
               GAYLOR BAIRD, LAMM, RAYBOULD; NAYS: NONE; ABSENT: CAMP;   
               17R-97A APPROVING TIF, ADOPTED, 6-0; AYES: CHRISTENSEN, 
               ESKRIDGE, FELLERS, GAYLOR BAIRD, LAMM, RAYBOULD; NAYS: 
               NONE; ABSENT: CAMP;  A-90383; 17R-97B APPROVING EEA, 
               ADOPTED, 4-2; AYES: CHRISTENSEN, ESKRIDGE, GAYLOR BAIRD, 
               RAYBOULD; NAYS: FELLERS, LAMM; ABSENT: CAMP; A-90384)
               Fact Sheet (477K)

35)  17-47     Authorizing a two percent (2%) occupation tax, effective 
               January 1, 2020, on gross receipts for the operation of 
               a General Business within the designated Enhanced 
               Employment Area to be used to pay for construction and 
               operation of two hotels to be located within the 9th and 
               O redevelopment area. (Related Items: 17R-98, 17R-97, 
               17-47, 17-48, 17-49)(PASSED, 4-2; AYES: CHRISTENSEN, 
               ESKRIDGE, GAYLOR BAIRD, RAYBOULD; NAYS: FELLERS, LAMM; 
               ABSENT: CAMP; #20478)
               Fact Sheet (486K)

36)  17-48     Authorizing the issuance of Tax Allocation Bonds for the 
               9th and O Redevelopment Project. (Related Items: 17R-98, 
               17R-97, 17-47, 17-48, 17-49)(MTA #1 ADOPTED, ; PASSED AS 
               AMENDED, 6-0; #20479)
               Motion To Amend (7K)
               Substitute (13357K)

37)  17-49     Authorizing the issuance of Occupation Tax Revenue Bonds 
               for the 9th and O Redevelopment Project. (Related Items: 
               17R-98, 17R-97, 17-47, 17-48, 17-49)(MTA #1 ADOPTED, 4-2; 
               AYES: CHRISTENSEN, ESKRIDGE, GAYLOR BAIRD, RAYBOULD; NAYS: 
               FELLERS, LAMM; ABSENT: CAMP;  PASSED AS AMENDED, 4-2; AYES:
               CHRISTENSEN, ESKRIDGE, GAYLOR BAIRD, RAYBOULD; NAYS: FELLERS, 
               LAMM; ABSENT: CAMP; #20480)
               Motion To Amend (7K)
               Substitute (518K)


RESOLUTIONS - 1ST READING  (ITEM 38 HAD 1ST READING)

38)  17R-105   Accepting the report of new and pending claims against
               the City and approving disposition of claims set forth
               for the period of March 16-31, 2017.
               Fact Sheet (30K)
               Attachment (55K)


ORDINANCES - 1ST READING & RELATED RESOLUTIONS
     (ITEMS 39 THRU 44 HAD 1ST READING.  SEE ITEMS 39 THRU 41 AND ITEM 44)

39)  17R-103   Approving the 11th and P & Lincoln Commercial Club 
               Redevelopment Agreement among the City of Lincoln,
               Cas-Neb-neda, LLC, Lincoln Commercial Club, LLC, and
               Commercial Club Enterprises, LLC relating to the
               redevelopment of property generally located at 200
               North 11th Street and 211 North 11th Street on the 
               southwest corner of Block 36 and adjacent right of way. 
               (Related Items: 17R-103, 17R-104, 17-53) (Action date: 
               4/17/17) (4/3/17 - Introduction delayed 1 week to 
               4/10/17)
               Memo (7K)

40)  17R-104   Amending the FY 16/17 CIP to authorize and appropriate
               $1,583,357 in TIF funds for the 11th and P & Lincoln 
               Commercial Club Project. (Related Items: 17R-103, 
               17R-104, 17-53)  (Action date: 4/17/17)(MOTION TO DELAY 
               INTRODUCTION 1 WEEK TO 4/17/17, 6-0)(4/3/17 - Introduction
               delayed 1 week to 4/10/17)(MOTION TO DELAY INTRODUCTION 
               1 WEEK TO 4/17/17, 6-0)
               Memo (7K)

41)  17-53     Authorizing the issuance of Tax Allocation Bonds for the 
               11th and P & Lincoln Commercial Club Redevelopment 
               Project. (Related Items: 17R-103, 17R-104, 17-53) (4/3/17 -
               Introduction delayed 1 week to 4/10/17)(MOTION TO DELAY 
               INTRODUCTION 1 WEEK TO 4/17/17, 6-0)
               Memo (7K)

42)  17-54     Annexation 17003 Amending the Lincoln Corporate Limits 
               Map by annexing approximately 7.19 acres of property 
               generally located at South 80th Street and Lilee Lane.
               Fact Sheet (3800K)
               Attachment (490K)

43)  17-55     Change of Zone 17004 Application of Rokeby Holdings, 
               LTD for a change of zone from AG Agricultural District 
               to R-3 Residential District on property generally located 
               at South 80th Street and Lilee Lane.
               Fact Sheet (3800K)

44)  17-56     Amending Title 2 of the Lincoln Municipal Code relating 
               to establishing an appropriate funding level for the 
               City's Police and Fire Pension plans.(MOTION TO DELAY 
               INTRODUCTION 1 WEEK TO 4/17/17, 6-0)
               Fact Sheet (217K)
               Attachment (1034K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST
                    
45)  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)(WITHDRAWN, 6-0; #38-4680)
               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 APRIL, OPEN MICROPHONE SESSIONS WILL BE HELD
     ON APRIL 10TH & 24TH.


ADJOURNMENT    4:35 P.M.


UPCOMING HEARINGS

     Hearing date of Monday, April 17, 2017 at 3 p.m. on the Manager
     Application of Kevin S. Drought for Red Robin International Inc.
     dba Red Robin America's Gourmet Burgers & Spirits at 2707 Pine
     Lake Road.
                                                  
     Hearing date of Monday, April 17, 2017 at 3 p.m. on the Manager
     Application of Joseph M. Holmes for MVPZ AND ME-LINCOLN LLC dba
     BurgerFi at 300 Canopy Street, Suite 150.

     Hearing date of Monday, April 17, 2017 at 3 p.m. on the Manager
     Application of Katrin Zimmerman for Bruno Enterprises Inc. dba
     Buffalo Wild Wings at 1328 P Street.

     Hearing date of Monday, April 17, 2017 at 3 p.m. on the Manager
     Application of Katrin Zimmerman for Bruno Enterprises Inc. dba
     Buffalo Wild Wings at 7301 S. 27th Street, Suite 100.

     Hearing date of Monday, April 17, 2017 at 3 p.m. on the Manager
     Application of Charles E. LeCorgne Jr. for Levy Premium
     Foodservice, LP dba Levy Restaurants @ Haymarket Park at 403 Line
     Circle Drive.

     Hearing date of Monday, April 17, 2017 at 3 p.m. on the Manager
     Application of Adam Micheletti for Star City Hockey LLC dba
     Lincoln Stars at 1880 Transformation Drive.


                                  ***
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                                  ***
    The City Council Agenda and Action Sheet may be accessed on the
Internet at: lincoln.ne.gov

                                  ***

ACCOMMODATION NOTICE
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contact the Director of Equity and Diversity, Lincoln Commission on Human Rights, at
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