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Formal Agenda


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    ACTION  FROM  THE  REGULAR  CITY  COUNCIL  MEETING  HELD
                 MONDAY, MAY 22, 2017 AT 5:30 P.M.

            DUE  TO  MEMORIAL  DAY,  THERE  WILL  BE  NO 
         CITY  COUNCIL  MEETING  THE  WEEK  OF  MAY 29, 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)            Clerk's Letter and Mayor's Approval of Resolution and
               Ordinances passed by City Council on May 8, 2017. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 2)            Setting the hearing date of Mon., June 5, 2017 at 3:00
               p.m. on the Application of North West Pizzeria Inc dba
               Delizioso Pizzeria for a Class C Liquor License at 3001
               NW 12th Street. (ADOPTED, 7-0; A-90465)

 3)            Setting the hearing date of Mon., June 12, 2017 at 3:00
               p.m. on the Application of HQR LLC dba Piezano's for a
               Class I Liquor License at 2740 South Street. (ADOPTED, 
               7-0; A-90466)

 4)            Setting the hearing date of Mon., June 12, 2017 at 3:00
               p.m. on the Application of  Fareway Stores Inc. dba
               Fareway Meat Market #175 for a Class C Liquor License
               at 3033 S. 84th Street. (ADOPTED, 7-0; A-90467)

 5)            THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.:
               Change of Zone No. 17008, requested by Seacrest and 
               Kalkowski, from R-1 (Residential District) to O-3
               (Office Park District), on property generally located
               at 6969 South Street and 2215 South 70th Street.
               Change of Zone No. 17009, requested by Ryan Omel, from 
               AG (Agricultural District) to AGR (Agricultural 
               Residential District) for 20 acres, on property generally 
               located at SW 27th Street and Roxbury Lane.
               Change of Zone No. 3134E, requested by Olsson Associates, 
               for the adjustment of perimeter setbacks for the Willow 
               Springs Planned Unit Development, on property generally 
               located at the northwest corner of Lucile Drive and 
               Pioneers Boulevard.
               Special Permit No. 08004b, requested by James D. Peterson, 
               for soil excavation, on property generally located at 
               3601 Waverly Road.
               Special Permit No. 1627B, to extend an existing wireless 
               telecommunications monopole by approximately 10 feet, 
               on property generally located at 921 Fletcher Avenue.
               Special Permit No. 17012, requested by Beach Solar, LLC, 
               to allow for installation of a 100-kilowatt solar energy 
               conversion system, on property legally described as Capitol 
               Beach West Addition, Outlots B and C, located in the SE 
               1/4 of Section 16-10-6, and N 1/2 of Section 21-10-6, 
               Lincoln, Lancaster County, Nebraska.
               Text Amendment No. 17006, requested by City of Lincoln, 
               amending Title 26 Subdivision Ordinance, Title 27 Zoning 
               Ordinance, Title 3 Design Standards by amending 26.11.036 
               to modify notice requirements; by amending 26.11.037 
               preliminary plat appeal procedure; by amending 26.15.015 
               and 26.15.020 by deleting obsolete text; by amending 
               26.19.020 to add lien holder; by amending 26.19.041 for 
               surveyor references; and 26.23.140 to delete an obsolete 
               Table and to provide requirements for residential lots that 
               front on private roadways; by amending 27.06.020 for access
               across zoning districts; by amending 27.06.120 for
               conditional uses in the I-3 District; and 27.06.130 to
               designate retail sale as conditional use in the I-3
               District; by amending 27.06.150 to list any amusement
               license use as a conditional use in the AG District;
               and 27.07.030 concerning amusement license regulations;
               by amending 27.51.030 for I-3 District to delete
               conditions for retail and office use; by amending
               27.62.030 to provide that urban gardens as conditional
               use in the Agricultural Use Group may have plants in
               the front yard; by amending 27.62.090 for offices as
               conditional use in the I-3 District; by amending
               27.62.100 for additional conditions for retail and
               office uses in the I-3 District; by amending 27.62.120
               for amusement license as conditional use; by amending
               27.63.025 for appeal of Special Permit filing; by
               repealing 27.63.140 to delete outdoor lighting
               requirements; by amending 27.63.180 for text consistent
               with use groups; by amending 27.63.500 for geography of
               corridors for salvage uses; by amending 27.63.510 to
               add mausoleums as special permitted use; by amending
               27.63.570 for typographic errors; by amending 27.64.010
               for use permit appeal procedures; by amending 27.65.020
               for community unit plan in BTA Overlay District with
               underlying AG zoning and to remove density penalties
               for community unit plans on small parcels; by amending
               27.67.040 for parking requirements for premises in the
               B-1 and B-3 districts which sell alcohol; by amending
               27.69.030 for wall signage in the R-T, O-1 and O-2
               districts; and 27.69.090 to clarify which street
               frontage the location of a wall sign is measured from;
               by amending 27.72.010 to clarify minimum lot
               requirements and adjust conforming and nonconforming
               provisions; and Table 27.72.020(b) for R-7 and R-8 side
               yard requirements; by amending 27.75.030 to extend the
               filing time for Board of Appeals; by amending 27.81.010
               for a chapter reference; by amending 27.81.050 for
               notice requirements; by repealing Chapter 3.05 for
               environmental impact statements for the B-5 District;
               by repealing Chapter 3.15 Standards for Financial
               Institutions in the O-1 District; by repealing Chapter
               3.20 Signage for Historic Building Reuse by Special
               Permit; by repealing Chapter 3.25 Standards for
               Exceeding Maximum Height by Special Permit; by
               repealing Chapter 3.60 Design Standards for Park Land;
               and by repealing Chapter 3.80 Technology Park Design
               Standards; and amending Section 7.1 of Chapter 3.50
               Design Standards for Screening and Landscaping to grant
               exception along the public right-of-way when the
               parking area and driving aisles are set back 100 feet
               or more, of the Lincoln Municipal Code, as hitherto
               existing.
               Text Amendment No. 17010, requested by Beach
               Solar, LLC, to amend the Lincoln Municipal Zoning Code
               by amending Section 27.02.040 to delete the definition
               of Commercial Solar Energy Conversion System; by
               amending Section 27.02.200 to add definitions for Solar
               Energy Conversion System Large and Solar Energy
               Conversion System Small; by amending Section 27.06.090
               to amend the Utility Use Group Table to strike
               Commercial Solar Energy Conversion System as a listed
               use type, to add Solar Energy Conversion System (Large)
               as a listed use type allowed by Special Permit in the
               AG District and as a permitted use in the H-2 through
               H-4 and I-1 through I-3 Districts, and to add Solar
               Energy Conversion System (Small) as a listed use type
               allowed by Special Permit in the AGR, R-1 through R-8,
               O-1 through O-3, and RT Districts and as a permitted
               use in all other districts; by amending Section
               27.63.830 to allow Large Solar Energy Conversion System
               as a permitted special use in the AG District and to
               allow Small Solar Energy Conversion System as a
               permitted special use in the AGR, R-1 through R-8, O-1
               through O-3, and RT Districts and to provide conditions
               for such uses; and repealing Sections 27.02.040, 13
               27.02.200, 27.06.090, and 27.63.830 as hitherto
               existing.

 6)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 17034 to Special
               Permit No. 155, Heritage Place, approved by the
               Planning Director on May 2, 2017, to revise the site
               layout, generally located at N. 35th Street
               and Gladstone Street.
               Administrative Amendment No. 17029 to Use Permit
               No. 145B, Pine Lake Plaza, approved by the Planning
               Director on May 4, 2017, to increase the size of an
               early childhood care facility from 6,015 to 7,930
               square feet, and to increase the capacity from 110
               students and 15 employees to 123 students and 20
               employees, generally located at S. 84th Street
               and Highway 2.
               Administrative Amendment No. 17014 to Special
               Permit No. 06001B, Grand Terrace CUP, approved by the
               Planning Director on May 4, 2017, to allow multiple-
               family units on Block 10, to adjust rear setback to 12'
               for Block 10, and to update plan as necessary,
               generally located at S. 84th Street and Highway 2.

 7)       MISCELLANEOUS REFERRALS  -  NONE.

                     - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

 8)            Application of Stop  N Shop, Inc. dba Stop  N Shop #6
               for a Class CG liquor license at 1502 West O Street.
               (ADOPTED FOR APPROVAL, 7-0; A-90468)

 9)            Manager Application of Jason K. Laessig for Stop  N
               Shop, Inc. dba Stop  N Shop at 1502 West O Street.
               (ADOPTED FOR APPROVAL, 7-0; A-90469)

10)            Application of SMG Food & Beverage, LLC for a special
               designated license to cover an outdoor area measuring
               approximately 460 feet by 453 feet, labeled Patron
               Parking, an outdoor area measuring approximately 965
               feet by 1137 feet, labeled Show Cars #1, an outdoor
               area measuring approximately 652 feet by 406 feet,
               labeled Show Cars #2, and an outdoor area measuring
               approximately 2,082 feet by 18 feet, labeled Pedestrian
               Bridge, all located at Pinnacle Bank Arena at 401 V
               Street on June 17, 2017 between 8:00 a.m. to 5:00 p.m.
               (ADOPTED FOR APPROVAL, 7-0; A-90470)

11)            Application of SMG Food & Beverage, LLC for a special
               designated license to cover an outdoor area measuring
               approximately 700 feet by 448 feet at Pinewood Bowl at
               4201 South Coddington Avenue on August 14, 2017 between
               6:00 a.m. and 2:00 a.m. (ADOPTED FOR APPROVAL, 7-0; 
               A-90471)

12)            Application of SMG Food & Beverage, LLC for a special
               designated license to cover an outdoor area measuring
               approximately 329 feet by 240 feet and 22 inches at
               Pinnacle Bank Arena at 400 Pinnacle Arena Drive on
               August 4, 2017 between 8:00 a.m. and 2:00 a.m.
               (ADOPTED FOR APPROVAL, 7-0; A-90472)


PUBLIC HEARING - RESOLUTIONS

13)  17R-122   Approving a Contract between the City of Lincoln and
               KONE Inc. for Elevator Maintenance Services City
               Parking Garages, for a three year term with the option
               for three additional one year terms.
               (ADOPTED, 7-0; A-90473)
               Fact Sheet (281K)
               Attachment (5040K)

14)  17R-123   Text Amendment 17003 Amending Title 3 Design
               Standards for Zoning Regulations by amending Section
               4.3 Parking in Chapter 3.75 Neighborhood Design
               Standards to provide that no required parking space be
               allowed between the building and front property line
               except as otherwise provided in Section 27.67.030 (a)
               and (g) of the Lincoln Municipal Code.
               (ADOPTED, 7-0; A-90474)
               Fact Sheet (47K)
               Attachment (140K)

15)  17R-125   Approving Downtown Lincoln Association's Amended 2016-
               2017 BID Budget and Program of Work for Downtown and
               West Haymarket Management and Maintenance Business
               Improvement Districts. (ADOPTED, 7-0; A-90475)
               Fact Sheet (284K)
               Attachment (707K)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
      (ITEMS 16 THRU 18 HAD 2ND READING. SEE ITEM 16)

16)  17-67     Text Amendment 17004 Amending Chapter 27.59 of the 
               Lincoln Municipal Code relating to Airport Zoning 
               Regulations by amending Section 27.59.010 to add
               definitions for "Shaded Areas" and "FAA"; by amending 
               Section 27.59.060 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; adopting a 
               revised Lincoln Airport Zoning Map; and repealing 
               Section 27.59.010 and Section 27.59.060 as hitherto 
               existing. (Request to delay Public Hearing to 
               6/5/17) (PUBLIC HEARING & ACTION CONT'D 2 WEEKS 
               TO 6/5/17, 7-0)
               Fact Sheet (2113K)

17)  17-68     Approving a License Agreement between the City of
               Lincoln and Verizon Wireless for the placement of
               telecommunications facilities upon City property
               generally located at 3403 West Van Dorn Street.
               Fact Sheet (331K)
               Attachment (7972K)

18)  17-69     Authorizing the issuance of Tax Allocation Bonds 
               for the Nebraska Innovation Campus (NIC) Phase II
               Redevelopment Project.
               Fact Sheet (267K)


PUBLIC HEARING - ORDINANCE - 3RD READING

19)  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.  (4/10/17
               - Public Hearing cont'd 3 weeks to 5/1/17) 
               (5/1/17 - Action delayed 3 weeks w/ cont'd Public
               Hearing on 5/22/17) (MTA #1 ADOPTED, 7-0; PASSED AS 
               AMENDED, 7-0; #20496)
               Fact Sheet (2290K)
               Motion To Amend (26K)

                     - END PUBLIC HEARING -


ORDINANCES - 3RD READING & RELATED RESOLUTIONS

20)  17-65     Text Amendment 17007 Amending Title 27 of the Lincoln 
               Municipal Code (the Zoning Ordinance), by repealing 
               Section 27.26.090 regarding the location of buildings, 
               structures, parking, and access drives and the 
               preservation of required open space in the O-2 Suburban 
               Office District whenever the O-2 district extends 
               further from the street than any abutting B-1, B-3, 
               B-4, H-2, H-3, or I-1 district; amending Section 
               27.72.130 to delete an identical provision in Subsection 
               (e); and repealing Section 27.72.130 as hitherto existing.
               (PASSED, 7-0; #20497)
               Fact Sheet (208K)

21)  17-66     Change of Zone 17006 Application of Hartland Homes, Inc. 
               for a change of zone from AGR Agricultural Residential 
               District to R-3 Residential District on property 
               generally located at Southwest 27th Street and West A
               Street. (PASSED, 7-0; #20498)
               Fact Sheet (3454K)


RESOLUTIONS - 1ST READING   (ITEMS 22 THRU 27 HAD 1ST READING)

22)  17R-126   Accepting the report of new and pending claims against
               the City and approving disposition of claims set forth
               for the period of May 1-15, 2017.
               Fact Sheet (30K)
               Attachment (59K)

23)  17R-127   Approving an amended Cooperative Agreement between the
               Nebraska Department of Environmental Quality (NDEQ) and
               the City of Lincoln regarding an increase in State of
               Nebraska Grant funding from the Stormwater Management
               Plan.
               Fact Sheet (428K)
               Attachment (247K)

24)  17R-128   Comp. Plan Amendment 17001   Application of the Public
               Works and Utilities Director to amend the 2040 Lincoln-
               Lancaster County Comprehensive Plan to add the "Upper
               Wagon Train Watershed Master Plan" to the list of sub
               area plans in the Plan Realization Chapter of the
               Comprehensive Plan, and to amend the Lincoln Area and
               Lancaster County Future Land Use Maps to have the
               future land use designations be consistent with the
               Proposed Floodprone Area. 
               Fact Sheet (1846K)
               Attachment (1217K)

25)  17R-129   Reappointing Jim Johnson and Liv Liz Bavitz to the Historic
               Preservation Commission for terms expiring April 15,
               2020.

26)  17R-130   Appointing Brice Middleton to the Veterans Memorial
               Garden Advisory Council for a term expiring November 1,
               2019.
               Attachment (810K)

27)  17R-131   Reappointing Steven Eggland and John Neal to the
               Telecommunications/Cable Television Advisory Board for
               terms expiring July 1, 2020.


ORDINANCES - 1ST READING & RELATED RESOLUTIONS
    (ITEMS 28 AND 29 HAD 1ST READING)

28)  17-70     Street & Alley Vacation 17003 Vacating a portion of 
               the South 16th Street right-of-way directly north 
               of Pine Lake Road.
               Fact Sheet (3264K)

29)  17-71     Comp. Plan Conformance 17007 Declaring approximately 
               24,686 square feet of property generally located at 
               7701 Greycliff Drive as surplus property.
               Fact Sheet (1137K)


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 MAY, OPEN MICROPHONE SESSIONS WILL BE HELD ON
     MAY 8TH & 22ND.


ADJOURNMENT   7:07 P.M.

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Internet at: lincoln.ne.gov

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