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Formal Agenda


    ACTION FROM  THE  REGULAR  CITY  COUNCIL  MEETING TO BE HELD
             MONDAY, OCTOBER 16, 2017 AT 3:00 P.M.

                       ALL MEMBERS PRESENT


       MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF AUGUST, 2017 
PRESENTED TO JAMIE WENZ, PUBLIC INFORMATION SPECIALIST III IN THE CATEGORIES 
                  OF CUSTOMER RELATIONS AND PRODUCTIVITY.


                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-246   Reappointing Eric T. Hoke to the Citizen Police
               Advisory Board for a term expiring November 17, 
               2019.(ADOPTED, 7-0; A-90710)

 2)  17R-247   Reappointing Scott Hatfield, Roshan Pajnigar, and
               Cameya Ramirez-Rousseau to the Citizen Police Advisory 
               Board for terms expiring November 17, 2020.(ADOPTED, 
               7-0; A-90711)

 3)  17R-248   Reappointing Melissa Marsh, Mark Orr, and Melissa
               Wilkerson to the Veterans Memorial Garden Advisory
               Council for terms expiring November 1, 2020.(ADOPTED, 
               7-0; A-90712)
               
 4)            Approving the distribution of funds representing
               interest earnings on short-term investments of Idle
               Funds during the month ended August 31, 2017.(ADOPTED, 
               7-0; A-90713)

 5)            Setting the hearing date of Monday, November 6, 2017,
               at 3:00 p.m. on the Assessments for the Downtown
               Management Business Improvement District, Downtown 
               Core Management Business Improvement District, Downtown
               Maintenance District and the West Haymarket/ Downtown
               Maintenance District.(ADOPTED, 7-0; A-90714)

 6)            Clerk's Letter and Mayor's Approval of Resolution and
               Ordinances passed by City Council on September 25,
               2017. (PLACED ON FILE)

 7)            Clerk's Letter and Mayor's Approval of Ordinance 20560
               which was passed by City Council on October 2, 2017 and
               given to the Mayor on October 3, 2017. (PLACED ON FILE)

 8)            Clerk's Letter and Mayor's Approval of Resolution and
               Ordinances passed by City Council on October 2, 2017
               (with the exception of Ordinance 20560 which was given
               to the Mayor on October 3, 2017). (PLACED ON FILE)

 9)            Report from City Treasurer of city cash on hand at the
               close of business on August 31, 2017. (PLACED ON FILE)

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

11)            Report from City Treasurer of 911 Surcharges for the
               month of August, 2017. (PLACED ON FILE)

12)            Report from City Treasurer of Allo Personal Education
               Government (P.E.G.) Fees for the month of August, 2017.
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

13)            Setting the hearing date of Monday, October 23, 2017 at
               3:00 p.m. on the Application of Mo Chara LLC dba Watering 
               Hole for an addition of an area measuring approximately 
               25' x 130'  at 1321 O Street. (ADOPTED, 7-0; A-90715)

14)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 17053, to Special Permit 
               No. 06025, Tri-Point Tree and Landscaping, approved by 
               the Planning Director on September 26, 2017, to amend 
               the site plan to reflect existing conditions and add a 
               note for accessory buildings, generally located at S. 
               68th Street and Bennett Road.
               Administrative Amendment No. 17052, to Final Plat No.
               17005, North-Forty Plaza 3rd Addition, approved by the 
               Planning Director on September 28, 2017, to accept the 
               Affidavit of Surveyor to correct typographical errors
               on North Forty Plaza 3rd Addition Final Plat, generally 
               located at N. 84th Street and Windmill Drive.
               Administrative Amendment No. 17063, to Change of Zone
               No. 05085B, Fallbrook PUD, approved by the Planning
               Director on September 28, 2017, to transfer 9,000 square
               feet of floor area between two lots, generally located 
               at NW 12th Street and Aster Road.

15)            THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT:
               Special Permit No. 17035 - Requested by Robert and Susan 
               Howell, for the placement of a storage shed, with 
               waivers to reduce the front yard from 25 feet to 3 feet
               and the side yard from 5 feet to 3 feet, on property
               generally located at 4028 J Street.               
               Change of Zone No. 17029 - Requested by Par 5 Partners, 
               LLC, from O 2 (Suburban Office District), O 3 (Office 
               Park District), and I 2 (Industrial Park District) to 
               I 3 (Employment Center District), on property generally 
               located at NW 1st Street and W. Fletcher Avenue.
               Text Amendment No. 17001 - Requested by Open Harvest
               Co-op Grocery, an ordinance amending Chapter 27.63 of 
               the Lincoln Municipal Code relating to Special Permits 
               by amending Section 27.63.685 to delete the access door
               location requirement, and add exterior door opening
               requirements for a special permit for alcoholic beverages
               to be sold for consumption off the premises in zoning
               districts B 1, B 3, H 1, H 2, H 3, H 4, I 1, and I 3, and
               repealing Section 27.63.685 as hitherto existing.
               Use Permit No. 17007 - Requested by Par 5 Partners, LLC, 
               for a new I 3 (Employment Center District) Use Permit, 
               with waivers to setbacks and sign regulations, on
               property generally located at NW 1st Street and W.
               Fletcher Avenue.

16)       MISCELLANEOUS REFERRALS - NONE.

                     - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

17)            Manager Application of Scott E. Foley for Star City
               Hockey, LLC dba Lincoln Stars Hockey at 1880 North
               Antelope Valley Parkway. (10/2/17 - Public Hearing 
               & Action cont'd 2 weeks to 10/16/17)(ADOPTED FOR 
               APPROVAL, 7-0; A-90716)

18)            Application of Numark Golf, LLC dba Numark Golf Course
               for a Class C liquor license at 8901 Augusta Drive.
               (ADOPTED FOR APPROVAL, 7-0; A-90717)

19)            Manager Application of Kinsey D. Bauer for Numark Golf,
               LLC dba Numark Golf Course at 8901 Augusta Drive. 
               (ADOPTED FOR APPROVAL, 7-0; A-90718)

20)            Application of BW&R East Lincoln, LLC dba Buffalo Wings
               & Rings for a Class I liquor license at 6822 O Street.
               (ADOPTED FOR APPROVAL, 7-0; A-90719)

21)            Manager Application of Michael B. Barton for BW&R East
               Lincoln, LLC dba Buffalo Wings & Rings at 6822 O Street.
               (ADOPTED FOR APPROVAL, 7-0; A-90720)

22)            Application of Atemajac, Inc. dba La Cabana to expand 
               its Class I liquor license by the addition of an area 
               measuring approximately 21 feet by 35 feet at 3223 
               Cornhusker Highway.(PUBLIC HEARING & ACTION CONT'D 1 
               WEEK TO 10/23/17, 7-0)

PUBLIC HEARING - RESOLUTIONS

23)  17R-240   A resolution to the City Council of the City of Lincoln
               in support of a community Veterans Day Parade in order to
               honor local veterans and promote community spirit through
               an annual community parade. (9/25/17 - Public Hearing
               & Action cont'd 3 weeks to 10/16/17)(MTA #1 ADOPTED, 7-0; 
               AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-90721)
               Fact Sheet (224K)
               Substitute (11K)
               Motion To Amend (8K)

24)  17R-249   Hearing on One and Six Year Streets and Highway Program
               as required by State statute. (ADOPTED, 7-0; A-90722)
               Fact Sheet (177K)

25)  17R-250   Approving an Amended Conservation Easement Agreement
               between Apple's Way, Inc., the City of Lincoln, Nebraska,
               and the Lower Platte South Natural Resources District to
               modify the terms and boundaries of the Existing Easement
               on property generally located at the intersection of
               South 27th Street and Rokeby Road. (ADOPTED, 7-0; A-90723)
               Fact Sheet (206K)
               Attachment (1637K)

26)  17R-251   Authorizing an application to the Nebraska Game & Parks
               Commission for Land and Water Conservation grant funding
               assistance for the renovation of two neighborhood park
               playgrounds (Irvingdale and Rudge Parks).(ADOPTED, 7-0; 
               A-90724)
               Fact Sheet (374K)

27)  17R-255   Assessing Public Health Nuisance Abatement costs
               associated with the clearing of public nuisances by the
               Health Department to the following benefitted properties: 
               2919 Apple St., 1004 Peach/1838 S. 10th, 1546 S. 21st 
               St., 1434 N. 27th St., 2725 A St., 301 S. 54th St., 520 
               S. 25th St., 800 Garfield St., 1336 N. 39th St., 1245 N.
               21st St., 1237 N. 21st St., 4300 D St., 4842 Adams St. 
               112 W. Dawes Ave., 2975 Holdrege St., 3000 S. 46th St., 
               1409 N. 21st St., 815 N. 24th St., 1533 Grace Ave., 2200 
               Devoe Dr., 2545 Theresa St. #F14, 2545 Theresa St. #F11, 
               353 S. 26th St., and 1112 New Hampshire.(MTA #1 ADOPTED, 
               7-0; ADOPTED AS AMENDED 7-0; A-90725)
               Fact Sheet (270K)
               Attachment (834K)
               Motion To Amend (7K)
               Motion To Amend Attachment (842K)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
        (ITEMS 28 AND 29 HAD 2ND READING) 

28)  17-138    Amending Chapter 2.76 of the Lincoln Municipal Code
               relating to Personnel System by amending Sections
               2.76.130, 2.76.135, 2.76.145, 2.76.160, 2.76.175, and
               2.76.200; and repealing Sections 2.76.130, 2.76.135,
               2.76.145, 2.76.160, 2.76.175, and 2.76.200 as hitherto
               existing.
               Fact Sheet (152K)

29)  17-139    Approving a Real Estate Sales Agreement between the City
               of Lincoln and Kelly Custom Homes Ltd., d/b/a Nebraska
               Cottage Company for the sale of City owned property
               generally located at 3268 Randolph Street.
               Fact Sheet (327K)
               Attachment (691K)


PUBLIC HEARING - ORDINANCE - 3RD READING

30)  17-92     Change of Zone 17011 Application of Roger H. Schwisow 
               Revocable Trust for a change of zone from AG Agricultural 
               District to R-3 Residential District on property generally 
               located at North 49th Street and Alvo Road. (7/31/17 -
               Action Delayed with Public Hearing 3 Weeks to 8/21/17)  
               (8/21/17 - Action Delayed with Public Hearing 4 weeks to 
               9/18/17) (9/18/17 - Public Hearing & Action cont'd to 
               10/16/17) (PUBLIC HEARING & ACTION CONT'D 2 WEEKS TO 
               10/30/17, 6-1; AYES: CHRISTENSEN, ESKRIDGE, GAYLOR BAIRD, 
               RAYBOULD, SHOBE; NAYS: CAMP.)
               Fact Sheet (2330K)

                     - END PUBLIC HEARING -


ORDINANCES - 3RD READING & RELATED RESOLUTIONS

31)  17R-241   Approving the Skate Zone Redevelopment Agreement between
               the City of Lincoln and Access Commercial, LLC relating
               to the redevelopment of properties generally located at
               300 North 48th Street, for the construction of
               a hotel, retail building, parking, and other associated
               improvements.(Related Items: 17R-241, 17R-242, 17-
               135) (Action date: 10/16/17) (ADOPTED, 7-0; A-90726)  
               Fact Sheet (367K)
               Attachment (2162K)

32)  17R-242   Amending the FY 17/18 CIP to authorize and appropriate
               $960,000 in TIF funds for the Skate Zone Project. 
               (Related Items: 17R-241, 17R-242, 17-135) (Action date: 
               10/16/17) (ADOPTED, 7-0; A-90727)
               Fact Sheet (245K)

33)  17-135    Authorizing the issuance of Tax Allocation Bonds for 
               the Skate Zone Redevelopment Project. (Related Items: 
               17R-241, 17R-242, 17-135) (PASSED, 7-0; #20561)
               Fact Sheet (272K)

34)  17-136    Amending Chapter 5.50 of the Lincoln Municipal Code
               relating to Taxicabs by amending Section 5.50.010,
               Definitions, to add a definition for "Transportation
               Network Company"; by adding a new Section numbered
               5.50.015 entitled Transportation Network Company,
               Exemption, to provide that motor vehicles carrying
               passengers for hire solicited through transportation
               network companies shall not be considered taxicabs and
               shall be exempted from the provisions of Lincoln
               Municipal Code Chapter 5.50; and repealing Section
               5.50.010 of the Lincoln Municipal Code as hitherto
               existing.(PASSED, 5-1; AYES: CHRISTENSEN, ESKRIDGE, 
               GAYLOR BAIRD, RAYBOULD, SHOBE; NAYS: CAMP; CONFLICT 
               OF INTEREST: LAMM; #20562)
               Fact Sheet (351K)

35)  17-137    Change of Zone 17021 Application of Sierra Investments,
               LLC for a change of zone from B-3 Commercial District 
               and R-6 Residential District to B-4 Lincoln Center 
               Business District on property generally located at 2051 
               K Street.(PASSED, 7-0; #20563)
               Fact Sheet (2808K)


RESOLUTIONS - 1ST READING   (ITEMS 36 THRU 43 HAD 1ST READING)

36)  17R-252   Approving a Service Agreement between the City of Lincoln
               and the Board of Regents of the University of Nebraska on
               behalf of the College of Nursing (UNMC) for clinical
               training at Easterday Recreation Center for public health
               students for a two year term. (Consent)
               Fact Sheet (208K)
               Attachment (2160K)

37)  17R-254   Approving an Agreement between the University of Nebraska
               Medical Center College of Public Health and the City of
               Lincoln on behalf of the Lincoln-Lancaster County Health
               Department to allow a planned, supervised Service/Learning/
               Capstone Experience or other service learning or research 
               experience for students in the Graduate Program of Public 
               Health for a three year term. (Consent)
               Fact Sheet (214K)
               Attachment (1363K)

38)  17R-259   Reappointing Jon Camp to the Public Building Commission
               for a term expiring August 1, 2021. (Consent)

39)  17R-260   Reappointing Betsy Bergman and Michael Hatten to the
               StarTran Advisory Board for terms expiring October 20,
               2020. (Consent)

40)  17R-256   Accepting the report of new and pending claims against
               the City and approving disposition of claims set forth
               for the period of September 16-30, 2017.
               Fact Sheet (30K)
               Attachment (61K)

41)  17R-257   Approving the award of contract to the low bidder for the
               Agreement between the City of Lincoln and the State of
               Nebraska Department of Transportation for the 48th and 
               Highway 2 Traffic Signal Rebuild Project. City Project No. 
               702693. State Project No. LCLC-5239(9), CN 15253.
               Fact Sheet (275K)

42)  17R-258   Authorizing the Mayor to execute a Program Agreement
               Supplement No. 1 between the City of Lincoln and the State 
               of Nebraska Department of Transportation (NDOT) to define 
               the funding split and caps the Federal HSIP funds at 
               $2,397,600.00 for the 56th Street and Yankee Hill Road 
               Project.(Project No. HSIP-5241(6), CN 13347). (Consent)
               Fact Sheet (227K)
               Attachment (235K)

43)  17R-261   Approving the First Amendment to Development Agreement
               for the reconfiguration of SouthPointe Pavilions between
               the City of Lincoln, Nebraska and RED Capital Management,
               LLC to make amendments to the real estate interests to be
               conveyed between the parties in furtherance of the
               Development Agreement on property generally located north
               and east of the intersection of South 27th Street and Pine 
               Lake Road.
               Fact Sheet (20K)
               Attachment (1924K)


ORDINANCES - 1ST READING & RELATED RESOLUTIONS
        (ITEMS 44 THRU 53 HAD 1ST READING)

44)  17-145    Change of Zone 17022   Application of LUX Center for the
               Arts to designate the former University Place City Hall
               as a Landmark, changing the zoning district from B-3
               Commercial District to B-3 Commercial District with
               Landmark Overlay, on property generally located at 2601
               North 48th Street.
               Fact Sheet (2261K)
               Attachment (2496K)

45)  17-146    Change of Zone 17024   Application of John and Terry
               Thomas to designate the Burgess House as a Landmark,
               changing the zoning district from AG Agricultural
               District to AG Agricultural District with Landmark
               Overlay, on property generally located at 6501 Southwest
               40th Street.
               Fact Sheet (1153K)
               Attachment (2422K)

46)  17-147    Change of Zone 17026   Application of Magnum Properties,
               LLC for a change of zone from H-3 Highway Commercial
               District to I-1 Industrial District on property generally
               located at 235 South Coddington Avenue.
               Fact Sheet (638K)

47)  17-148    Change of Zone 17027   Application of Hepburn Properties,
               LLC for a change of zone from P Public Use District to H-
               3 Highway Commercial District on property generally
               located at 200 Northwest 84th Street.
               Fact Sheet (500K)

48)  17-144    Annexation 17013   Amending the Lincoln Corporate Limits
               Map by annexing approximately 4 acres of property 
               generally located at 84th Street and Pioneers Boulevard.
               Fact Sheet (762K)
               Attachment (46K)

49)  17-142    Annexation 17011   Amending the Lincoln Corporate Limits
               Map by annexing approximately 161 acres of property
               generally located at South 40th Street and Yankee Hill 
               Road.
               Fact Sheet (4063K)
               Attachment (85K)

50)  17-143    Annexation 17012   Amending the Lincoln Corporate Limits
               Map by annexing approximately 32 acres of property
               generally located at Southwest 1st Street and West Denton 
               Road.
               Fact Sheet (3689K)
               Attachment (54K)

51)  17-141    Annexation 17010   Amending the Lincoln Corporate Limits
               Map by annexing approximately 211 acres of property
               generally located at North 56th Street and Fletcher Avenue.
               Fact Sheet (3279K)
               Attachment (103K)

52)  17-140    Text Amendment 17016   Amending Chapter 27.63 of the
               Lincoln Municipal Code relating to Special Permits by
               amending Section 27.63.470(d) to authorize City Council
               to increase or decrease the minimum parking requirements
               in the H-4 General Commercial District; and repealing
               Section 27.63.470 as hitherto existing.  (Related
               Items: 17-140, 17R-253)
               Fact Sheet (983K)

53)  17R-253   Special Permit No. 2004A   Application of Alpha Brewing
               Operations, LLC, to amend Special Permit 2004 to reduce
               the required parking ratio for assembly facilities from
               1 stall per 300 square feet to 1 stall per 1,000 square
               feet, on property generally located at North 56th Street 
               and Alvo Road. (Related Items: 17-140, 17R-253) (Action 
               Date: 10/30/17)
               Fact Sheet (1136K)


PENDING LIST - DATE CERTAIN

54)  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)  
               (7/10/17 - Action delayed with continued Public Hearing 
               to 11/6/17)
               Fact Sheet (2307K)
               Attachment (456K)


PENDING LIST   (EXTENDED ONE WEEK   SEE ITEM 58)

55)  17R-175   Comprehensive Plan Amendment 17005   Amending the 2040
               Lincoln-Lancaster County Comprehensive Plan to change the
               Future Land Use Plan designation from "Open Space" and
               "Commercial" to "Industrial" and "Agricultural Stream
               Corridor", on property generally located at North 70th 
               Street and Arbor Road. (Related Items: 17R-175, 17-87, 
               17R-182)(Action Date: 7/24/17)(7/17/17 - Public Hearing 
               cont'd w/ Action on 7/24/17)(7/24/17 - Public Hearing & 
               Action cont'd to 8/7/17)(8/7/17 - Placed on Pending, no 
               date certain)
               Fact Sheet (11377K)
               Attachment (569K)

56)  17-87     Change of Zone 17016 Application of Lincoln Sports 
               Foundation, Inc. for a change of zone from H-2 Highway 
               Business District to I-1 Industrial District on property 
               generally located at 7620 North 70th Street. (Related 
               Items: 17R-175, 17-87, 17R-182)(7/17/17 - Public Hearing 
               cont'd w/ Action on 7/24/17)(7/24/17 - Public Hearing & 
               Action cont'd to 8/7/17)(8/7/17 - Placed on Pending, no 
               date certain)
               Fact Sheet (12274K)
               Attachment (323)

57)  17R-182   Approving a Development and Conditional Zoning Agreement
               by and between Lincoln Sports Foundation, Inc. and the
               City of Lincoln, Nebraska to construct an industrial
               park/warehouse development under the proposed Change of
               Zone of the property from H-2 Highway Business District
               to I-1 Industrial District. (Related Items: 17R-175,
               17-87, 17R-182)  (Action Date: 7/24/17) (7/17/17 -
               Public Hearing cont'd w/ Action on 7/24/17)(7/24/17 -
               Public Hearing & Action  cont'd to 8/7/17)(8/7/17 -
               Placed on Pending, no date certain)
               Fact Sheet (264K)
               Attachment (751K)

58)  17R-233   Approving a Contract between the City of Lincoln and
               Treat America Food Services for the Annual Services for
               Meal Preparation   Aging Partners Program, pursuant to
               RFP No. 17-181, for a four year term with the option to
               renew for one additional four year term. (9/18/17 -
               Public Hearing & Action cont'd 1 week to 9/25/17)
               (9/25/17 - Placed on Pending, no date certain) (Request
               to Remove from Pending for Action Only on 10/23/17)  
               (10/16/17 - REMOVED FROM PENDING FOR ACTION ONLY ON 
               10/23/17, 7-0)
               Fact Sheet (244K)
               Attachment (14529K)


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 16TH & 30TH.


ADJOURNMENT   5:18 P.M.


UPCOMING HEARINGS

     Hearing date of Monday, October 23, 2017 at 3:00 p.m. on the
     Manager Application of Michelle M. Ehresman for Greensfields Caf?
     Inc dba Greensfields at 7900 S. 87th Street.

     Hearing date of Monday, October 23, 2017 at 3:00 p.m. on the
     Manager Application of Randy Wilson Jr. for Chatters LLC dba 1640
     Event Center at 1640 O Street.

     Hearing date of Monday, October 23, 2017 at 3:00 p.m. on the
     Manager Application of Donald V. Cary III for Wilderness Ridge LLC
     dba Wilderness Ridge Golf Course at 1800 Wilderness Woods Place. 

                                  ***
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last Monday of the month whichbegins at 5:30 p.m.  All City Council
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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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