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Formal Agenda


    ACTION  FROM  THE  REGULAR  CITY  COUNCIL  MEETING  HELD
               MONDAY, JUNE 19, 2017 AT 3:00 P.M.

                      ALL MEMBERS PRESENT

      MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF MAY, 2017
             PRESENTED TO POLICE OFFICER, LAUNA GROVES
             IN THE CATEGORY OF PRODUCTIVITY AND SAFETY.


                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-150   Amending the by-laws of the Veterans Memorial Garden
               Advisory Council removing term limit provisions for 
               the Chairperson and the Vice-Chairperson on the 
               Advisory Council.  (ADOPTED, 7-0; A-90519)
               Fact Sheet (280K)

 2)  17R-152   Appointing Claude Frerichs to the Veterans Memorial
               Garden Advisory Council for a term expiring November 
               1, 2019. (ADOPTED, 7-0; A-90520)
               Attachment (163K)

 3)  17R-153   Reappointing Doug Kreifels to the Board of Mechanical
               Examiners for a term expiring April 4, 2020.
               (ADOPTED, 7-0; A-90521)

 4)  17R-154   Reappointing Margaret E.S. Schiefen to the City
               Personnel Board for a term expiring June 22, 2022.
               (ADOPTED, 7-0; A-90522)

 5)  17R-155   Reappointing Leo Benes, Patrick Ward, and Thomas 
               Wright to the Alarm Review Board for terms expiring 
               July 1, 2019.  (ADOPTED, 7-0; A-90523)

 6)  17R-156   Reappointing Dallas McGee to the Lincoln Housing
               Authority Board for a term expiring July 1, 2022.
               (ADOPTED, 7-0; A-90524)

 7)  17R-157   Reappointing Hannah Cass and Justine Linscott to 
               the Parks and Recreation Advisory Board for terms 
               expiring June 1, 2018.  (ADOPTED, 7-0; A-90525)

 8)            Assessment Resolution for Water District 1208 for 
               Board of Equalization to be held Monday, June 26, 
               2017 at 5:30 p.m.  (ADOPTED, 7-0; A-90526)

 9)            Assessment Resolution for Water District 1209 for 
               Board of Equalization to be held Monday, June 26, 
               2017 at 5:30 p.m.  (ADOPTED, 7-0; A-90527)

10)            Report from City Treasurer of Franchise Fees from 
               Black Hills Corporation for the Month of April, 
               2017. (PLACED ON FILE)

11)            Report from City Treasurer of 911 Surcharges for 
               the months of January, 2017 to March, 2017. 
               (PLACED ON FILE)

12)            Clerk's Letter and Mayor's Approval of Resolution 
               and Ordinances passed by City Council on June 5, 
               2017. (PLACED ON FILE)

13)            Report from City Treasurer of Allo Public Education
               Government Fees for the month of April, 2017. 
               (PLACED ON FILE)

14)            Lincoln Electric System Financial & Operating 
               Statement for the month of May, 2017. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

15)            Informal Petition to create an Alley Paving 
               District from Adams to Cleveland between 58th 
               and 59th submitted by Stephen A. Jipp. 
               (REFERRED TO PUBLIC WORKS)

16)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Waiver to Design Standards No. 17001, South Pointe 
               Pavillions, approved by the Planning Director on 
               June 9, 2017, to adjust the Design Standard for 
               Outdoor Lighting to allow outdoor lighting with 
               a BUG rating of 3-0-4 and 4-0-1 for parking lot 
               lights, generally located at S. 27th Street and 
               Pine Lake Road.

17)            THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT:
               Change of Zone No. 17011 Requested by REGA 
               Engineering Group, Inc., from AG (Agricultural 
               District) to R-3 (Residential District), for 
               approximately 25.53 acres, more or less, on 
               property generally located at North 49th Street 
               and Alvo Road.
               Change of Zone No. 17012 Requested by The Clark 
               Enersen Partners, from AG Agriculture to R-3 
               Residential, on property generally located 
               southwest of the intersection of South 27th 
               Street and Rokeby Road.
               Change of Zone No. 17013 Requested by The Clark 
               Enersen Partners, from AG (Agricultural District) 
               to R-3 (Residential District) PUD for a Planned 
               Unit Development for up to 250 dwelling units in 
               the R-3 area, and up to 50,000 square feet of 
               commercial floor area and 200 dwelling units in 
               the B-2 area, on property generally located at the 
               southeast corner of the intersection of South 27th 
               Street and Rokeby Road.
               Change of Zone No. 17014  Requested by Wayne &
               Laura Pester, from AG (Agricultural District) to AGR
               (Agricultural Residential District), on property
               generally located at SW 25th Street and West Denton
               Road.
               Change of Zone No. 17016  Requested by Almond
               Opportunity, LLC, from H-2 (Highway Business District)
               to I-1 (Industrial District), on property generally
               located at 7620 North 70th Street.
               Special Permit No. 17017   Requested by The Clark
               Enersen Partners, to allow for the development of a
               community unit plan with up to 79 single-family
               dwelling units, with a waiver to allow double frontage
               lots, on property generally located southwest of the
               intersection of South 27th Street and Rokeby Road.
               Special Permit No. 17019  Requested by Mark
               Watermeier, for a special permit for expansion of a
               nonconforming use, with waivers to the front and side
               yard setbacks, on property generally located at 2554
               Woodsdale Boulevard.
               Special Permit No. 17021   Requested by Wayne &
               Laura Pester, for an AGR (Agricultural Residential
               District) Community Unit Plan, to include 9 acreage
               lots on approximately 25.12 acres, more or less, on
               property generally located at SW 25th Street and West
               Denton Road.
               Use Permit No. 17005   Requested by Kent Seacrest,
               to allow for office and residential uses and related
               improvements with waivers from setback and frontage
               requirements, on property generally located at 6969
               South Street and 2215 South 70th Street.

18)       MISCELLANEOUS REFERRALS  -  NONE.

                     - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

19)            Application of Asian Fusion NE, Inc. dba Asian Fusion
               for a Class I liquor license at 2840 Jamie Lane.
               (ADOPTED FOR APPROVAL, 7-0; A-90528)

20)            Manager Application of Xiu Fang Zhang for Asian Fusion
               NE, Inc. dba Asian Fusion at 2840 Jamie Lane.
               (ADOPTED FOR APPROVAL, 7-0; A-90529)

21)            Application of Ichiban Sichuan Haymarket, LLC dba
               Ichiban Sichuan for a Class I liquor license at 151
               North 8th Street, Suite 100. (ADOPTED FOR APPROVAL, 
               7-0; A-90530)

22)            Manager Application of Jason C. Diong for Ichiban
               Sichuan Haymarket, LLC dba Ichiban Sichuan at 151 North
               8th Street, Suite 100. (ADOPTED FOR APPROVAL, 
               7-0; A-90531)

23)            Application of Korea House, LLC dba Korea House for a
               Class I liquor license at 5601 South 56th Street, 
               Suite 11. (ADOPTED FOR APPROVAL, 7-0; A-90532)

24)            Manager Application of Richard Kim for Korea House, LLC
               dba Korea House at 5601 South 56th Street, Suite 11.
               (ADOPTED FOR APPROVAL, 7-0; A-90533)

25)            Application of Tipitnebkelser, LLC dba 1867 Bar for a
               special designated license to cover an outdoor area
               measuring approximately 195 feet by 195 feet at Lincoln
               Journal Star Parking Lot at 901 S Street on July 7,
               2017 between 4:00 p.m. and midnight and July 8, 2017
               between 2:00 p.m. and midnight. (ADOPTED FOR APPROVAL, 
               7-0; A-90534)


PUBLIC HEARING - RESOLUTIONS

26)  17R-159   Approving renewal of the Entertainment District License
               issued to TDP Phase One LLC/TDP Phase Two LLC dba
               Railyard Promotional Association, LLC in the area south
               of the Pinnacle Bank Arena generally bound by 7th Street 
               and the north-south alley west of Canopy Street, R Street, 
               and Q Street, including private properties known as the 
               Railyard and Courtyard adjacent to the Canopy Lofts and 
               Hobson/Hyatt Place Hotel and all outdoor dining areas in 
               the public right-of-way. (ADOPTED, 7-0; A-90535)
               Fact Sheet (277K)
               Attachment (8516K)
               Attachment (1976K)

27)  17R-151   Approving an Interlocal Agreement between the City of
               Lincoln and Lincoln Public Schools to allow the City to
               place and manage outdoor recreational facilities on the
               former Arnold Elementary School Site generally located
               at 5300 West Knight Street. (ADOPTED, 7-0; A-90536)
               Fact Sheet (638K)               
               Attachment (3449K)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS - NONE


PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS

28)  17R-148   Text Amendment 17006   Amending Title 3 Design
               Standards for Zoning Regulations by repealing Chapter
               3.05 General Requirements for Submission of an
               Environmental Impact Statement for B-5 Planned Regional
               Business District; by repealing Chapter 3.15 Standards
               for Banks and Other Financial Institutions Drive-in
               Teller Facilities in the O-1 District; and 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 (Section
               27.63.220 church steeples, towers, ornamental spires
               and Section 27.63.250   permitted use); by repealing
               Chapter 3.60 Design Standards for Construction,
               Development and Maintenance of Park Land; and by
               repealing Chapter 3.80 Technology Park Design Standards
               in their entirety as said Design Standards are not
               needed, nor used; and amending Section 7.1 Parking
               Lots, Parking Areas, and Driving Aisles of Chapter 3.50
               Design Standards for Screening and Landscaping to grant
               an exception from the required screening along the
               public right-of-way when the parking area and driving
               aisles are set back 100 feet or more from the nearest
               public right-of-way. (Related Items: 17R-148, 17-74) 
               (6/5/17 - Public Hearing & Action cont'd to
               6/19/17) (ADOPTED, 7-0; A-90537)
               Fact Sheet (71K)
               Attachment (3345K)


29)  17-74     Text Amendment 17006   Amending the Lincoln Municipal 
               Code relating to the Land Subdivision Ordinance 
               (Title 26) and the Zoning Ordinance (Title 27) to make 
               revisions that have been collected by City Staff over 
               the past several years and range from correction of minor 
               errors, to deletion of obsolete provisions, to more
               substantive changes that improve the approval process 
               for City Staff and the public and eliminate burdensome 
               requirements by repealing Section 27.63.140, by amending 
               Sections 26.11.036, 26.11.037, 26.15.015, 26.15.020, 
               26.19.020, 26.19.041, 26.23.140, 27.06.020, 27.06.120, 
               27.06.130, 27.06.150, 27.07.030, 27.51.030, 27.62.030, 
               27.62.090, 27.62.100, 27.62.120, 27.63.025, 27.63.180, 
               27.63.500, 27.63.510, 27.63.570, 27.64.010, 27.65.020, 
               27.67.040, 27.69.030, 27.69.090, 27.72.010, 27.72.020, 
               27.75.030, 27.81.010, and 27.81.050 and to repeal said 
               Sections as hitherto existing. (Related Items: 17R-148, 
               17-74) (6/5/17 - Public Hearing cont'd to 6/19/17)
               (PASSED, 7-0; #20503)
               Fact Sheet (71K)

30)  17-75     Change of Zone 17009   Application of Ryan Omel for a 
               change of zone from AG Agricultural District to AGR 
               Agricultural Residential District on property generally 
               located at Southwest 27th Street and Roxbury Lane. 
               (6/5/17 - Public Hearing cont'd to 6/19/17)
               (PASSED, 7-0; #20504)
               Fact Sheet (1022K)

31)  17-76     Change of Zone 3134E   Application of Lucile Park, LLC 
               to amend the Willow Springs Planned Unit Development, 
               to adjust the setbacks at the perimeter of the PUD to 
               accommodate an office building with a drive-through 
               facility, on property generally located at the northwest 
               corner of Lucile Drive and Pioneers Boulevard. (6/5/17 
               - Public Hearing cont'd to 6/19/17)
               (PASSED, 7-0; #20505)
               Fact Sheet (1191K)

32)  17-77     Text Amendment 17010   Amending Title 27 of the Lincoln 
               Municipal Code ("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 special permitted 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,
               27.02.200, 27.06.090, and 27.63.830 as hitherto existing. 
               (6/5/17 - Public Hearing cont'd to 6/19/17)
               (PASSED, 7-0; #20506)
               Fact Sheet (344K)

                     - END PUBLIC HEARING -


ORDINANCES - 3RD READING & RELATED RESOLUTIONS

33)  17-72     Approving a StarTran Transportation Agreement between 
               the City of Lincoln and the University of Nebraska-
               Lincoln for the Route #24-Holdrege and Route #25-Vine 
               inter-campus bus service route for a five year term.
               (PASSED, 7-0; #20507)
               Fact Sheet (334K)
               Attachment (2870K)

34)  17-73     Ordinance to readopt Ordinance No. 20304 adopted on 
               March 14, 2016 relating to Text Amendment 16001
               Amending Chapter 27.59 of the Lincoln Municipal Code 
               relating to Airport Zoning Regulations to extend the 
               approach zone from 3 miles to a new limit of 10 miles, 
               establish the area included within the airport hazard 
               area, revise existing definitions and add new definitions, 
               and other changes to be in accordance with the passage 
               of Nebraska Legislative Bill (LB) 140, and repealing
               Sections 27.59.010 through 27.59.040, 27.589.060 through 
               27.59.090, 27.59.120, 27.59.140, and 27.59.150 of the 
               Lincoln Municipal Code as hitherto existing.
               (PASSED, 7-0; #20508)
               Fact Sheet (402K)

35)  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. (5/22/17 - Public Hearing & Action cont'd 
               2 weeks to 6/5/17) (6/5/17 - Action delayed 2 
               weeks to 6/19/17) (MTA #1 ADOPTED, 7-0; PASSED AS 
               ADOPTED, 7-0; #20509)
               Fact Sheet (2113K)
               Motion To Amend (7K)


RESOLUTIONS - 1ST READING  (ITEMS 36 THRU 41 HAD 1ST READING)

36)  17R-158   Reappointing Greg McCown to the Historic Preservation
               Commission for a term expiring April 15, 2018.
               (Consent)
               Attachment (254K)

37)  17R-168   Approving the Lincoln/Lancaster County Human Services
               Grant Guidelines.  (Consent)
               Attachment (4755K)

38)  17R-161   Accepting the report of new and pending claims against
               the City and approving disposition of claims set forth
               for the period of June 1-15, 2017.
               Fact Sheet (30K)
               Attachment (61K)

39)  17R-164   Approving the Fiscal Year 2017 Annual Action Plan: One
               Year Use of Funds for HUD Entitlement Programs using
               Community Development Block Grant (CDBG), HOME, and
               Emergency Solutions Grant (ESG) funds.
               Fact Sheet (436K)
               Attachment (249K)

40)  17R-160   Authorizing the Mayor to execute a multi-year contract
               with a construction manager at risk for the four fire
               and police/fire stations funded by the three year
               quarter cent sales tax approved by voters in 2015.
               Fact Sheet (432K)

41)  17R-167   Special Permit 17010   Appeal of Ronald H. Wilhelm and
               Herbert J. and Daniel H. Friedman from the Planning
               Commission's approval of a special permit for an indoor
               kennel with an outdoor area that permits more than
               three animals at a time, on property generally located
               at 222 North 44th Street.
               Fact Sheet (22322K)
               Attachment (433K)


ORDINANCES - 1ST READING & RELATED RESOLUTIONS
      (ITEMS 42 THRU 45 HAD 1ST READING)

42)  17R-165   Comp. Plan Conformance 17008   Approving an amendment
               to the Capital Improvement Program, to amend Public
               Works and Utilities Project #0048 Water Distribution
               Mains-Area 6, Rokeby Road 84th Street to 91st Street 
               to extend the Project boundary from 91st Street to 
               94th Street, designate the Project for construction 
               in FY 2016-17, designate LES as the funding source, 
               and appropriate the LES funds in FY 2016-17.(Related 
               Items: 17R-165, 17R-166, 17-78, 17R-162) (Action date:
               7/10/17)
               Fact Sheet (17K)

43)  17R-166   Comp. Plan Amendment 17002   Amending the 2040 Lincoln-
               Lancaster County Comprehensive Plan by expanding Future
               Service Limit to include the proposed Lincoln Electric
               System Southeast Service Center site, on property
               generally located at South 91st Street and Rokeby Road, 
               and to move the site from Tier III to Tier I B Priority 
               Growth Area. (Related Items: 17R-165, 17R-166, 17-78, 
               17R-162) (Action date: 7/10/17)
               Fact Sheet (717K)
               Attachment (587K)

44)  17-78     Annexation 17004   Amending the Lincoln Corporate Limits 
               Map by annexing approximately 283.79 acres of property 
               generally located at South 91st Street and Rokeby Road. 
               (Related Items: 17R-165, 17R-166, 17-78, 17R-162)
               Fact Sheet (2307K)
               Attachment (456K)

45)  17R-162   Approving a Memorandum of Understanding between the
               City of Lincoln and Lincoln Electric System regarding
               LES' agreement to pay the cost to obtain Rural Water
               District No. 1, Lancaster County's release of the
               properties being annexed by the City located within the
               RWD boundaries relating to the new LES operating center
               at South 98th Street and Rokeby Road. (Related Items: 
               17R-165, 17R-166, 17-78, 17R-162) (Action date: 7/10/17)
               Fact Sheet (281K)
               Attachment (5106K)


PENDING LIST - DATE CERTAIN


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 JUNE, OPEN MICROPHONE SESSIONS WILL BE HELD
     ON JUNE 12TH & 26TH.


ADJOURNMENT  4:19 P.M.


UPCOMING HEARINGS

     Hearing date of Monday, June 26, 2017 at 5:30 p.m. for Board of
     Equalization Meeting Special Assessment Group II - Water District
     1208 & Water District 1209.

     Hearing date of Monday, June 26, 2017 at 5:30 p.m. on the Manager
     Application of Michael L. Starkey for Whitehead Oil dba U-Stop 27
     at 1301 South Street. 

     Hearing date of Monday, June 26, 2017 at 5:30 p.m. on the Manager
     Application of Karen Bruyette for Whitehead Oil dba U-Stop 15 at
     7100 Pioneers Blvd.

     Hearing date of Monday, June 26, 2017 at 5:30 p.m. on the Manager
     Application of June A. Weedman for Whitehead Oil dba U-Stop 5 at
     8231 E "O" Street. 

     Hearing date of Monday, June 26, 2017 at 5:30 p.m. on the Manager
     Application of Laurie A. Madsen for Whitehead Oil dba U-Stop 18
     at 110 W. "O" Street.

     Hearing date of Monday, June 26, 2017 at 5:30 p.m. on the Manager
     Application of Heather L. Casebolt for LOF LINCOLN TRS LLC dba
     Country Inn and Suites by Carlson at 5353 N. 27 th Street.

     Hearing date of Monday, June 26, 2017 at 5:30 p.m. on the Manager
     Application of Lisa M. Knoell for BPC Nebraska Inc. dba Boss'
     Pizza & Chicken at 1000 Saunders Avenue.

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

                                  ***
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