City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 27, 2017 AT 5:30 P.M.
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) 17R-88 Authorizing the Mayor to execute an Agreement between
the City of Lincoln and the State of Nebraska
Department of Roads (NDOR) so that Federal Funds may be
used for construction and construction engineering of
the South Coddington Avenue and West Van Dorn Street
Intersection Safety Project. Project No. HSIP-5205(1),
CN 13147. (ADOPTED, 6-0; CAMP ABSENT; A-90329)
Fact Sheet (350K)
Attachment (12170K)
2) 17R-89 Approving an extension of Memorandum of Understanding
between the State of Nebraska Department of Motor
Vehicles and the City of Lincoln Police Department for
the use of DMV Facial Recognition System for a four
year period. (ADOPTED, 6-0; CAMP ABSENT; A-90330)
Fact Sheet (255K)
Attachment (280K)
3) Clerk's Letter and Mayor's approval of Resolution and
Ordinances passed by City Council on March 13, 2017.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) Setting the hearing date of Monday, April 10, 2017 at
3:00 p.m. on the Application of Casey's Retail Company
Inc dba Casey's General Store #2745 for a Class D
Liquor License at 2243 N. Cotner Blvd. (ADOPTED, 7-0;
A-90331)
5) Setting the hearing date of Monday, April 10, 2017 at
3:00 p.m. on the Application of Casey's Retail Company
Inc dba Casey's General Store #2749 for a Class D
Liquor License at 5500 Superior Street. (ADOPTED, 7-0;
A-90332)
6) Setting the hearing date of Monday, April 10, 2017 at
3:00 p.m. on the Application of Halftime Sports Bar and
Grill LLC dba Halftime Bar & Grill for a Class I Liquor
License at 200 W. P Street. (ADOPTED, 7-0; A-90333)
7) Setting the hearing date of Monday, April 10, 2017 at
3:00 p.m. on the Application of Yummy China Inc dba
Mr. Hui's II for a Class I Liquor License at 4131
Pioneer woods Drive, Suite 102. (ADOPTED, 7-0; A-90334)
8) Setting the hearing date of Monday, April 10, 2017 at
3:00 p.m. on the Application of Global Warming Inc. dba
The Mill for a Class C Liquor License at 2021
Transformation Drive, Unit 3. (ADOPTED, 7-0; A-90335)
9) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 17015 to Change of Zone
No. 15016, Wilderness Creek PUD, approved by the
Planning Director on March 15, 2017, to clarify that the
zoning regulations follow the zoning designation areas
identified on the plan unless otherwise noted, generally
located at South 40th Street and Yankee Hill Road.
10) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS - NONE
PUBLIC HEARING - RESOLUTIONS
11) 17R-87 Accepting the report of new and pending claims against
the City and approving disposition of claims set forth
for the period of March 1-15, 2017. (ADOPTED, 7-0;
A-90336)
Fact Sheet (30K)
Attachment (52K)
12) 17R-91 Amending the FY 2016-22 Capital Improvement Program to
change the funding source for the Lincoln Police
Department CIP Project #0345 LPD Garage-Maintenance &
Repair Facility to change the amount, funding sources,
and appropriated funds in 2016-17. (ADOPTED, 7-0;
A-90337)
Fact Sheet (270K)
Attachment (49K)
13) 17R-92 Approving a transfer of appropriations in the amount
of $1,170,295 from Future Labor Settlements to 0182
Roadway and Bridge rehabilitation to cover a portion
of the projected cost of the 84th & Havelock
Intersection Improvements. (ADOPTED, 5-2; AYES: ESKRIDGE,
FELLERS, GAYLOR BAIRD, LAMM, RAYBOULD; NAYS: CAMP,
CHRISTENSEN; A-90338)
Fact Sheet (284K)
14) 17R-85 Comp. Plan Conformance 17003 Approving an amendment
to the West O Redevelopment Plan to add the "Nature's
Variety Redevelopment Project" to remove blight and
substandard conditions and strengthen the business
community in the West O Street area through the
redevelopment of three underdeveloped parcels through
the construction of an approximately 24,000 square foot
freeze-drying facility and development of a processing
center and a frozen storage facility, on property
generally located at 3203 West View Avenue and 235,
301, 311, 321, and 333 Southwest 32nd Street.
(ADOPTED, 7-0; A-90339)
Fact Sheet (2684K)
Attachment (4743K)
PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
(ITEMS 15 THRU 17 HAD 2ND READING)
15) 17-43 Approving a Master Lease Agreement between the City
of Lincoln and Mobilitie, LLC for the purpose of
installing, maintaining, and operating communications
equipment on certain City of Lincoln properties,
utility poles, and/or facilities.
Fact Sheet (299K)
Attachment (8118K)
16) 17-44 Change of Zone 16045 Application of EADO, LLC for a
change of zone from B-4 Business District to B-4
Business District PUD; for a Planned Unit Development
District designation of said property; and for a
development plan which proposes modifications to the
Zoning Ordinance, Land Subdivision Ordinance, and Design
Standards to foster an urban mixed-use area, including
office, residential, retail, and other commercial
activities, on property generally bounded by O Street on
the north, Antelope Creek on the east, K Street on the
south, and Antelope Valley Parkway on the west.
Fact Sheet (2030K)
17) 17-45 Approving a contract between the City of Lincoln and
Lincoln Haymarket Development Corporation to conduct
and regulate a Saturday public market in the Haymarket
area, 7th Street from P to Q Street, P Street from 7th
to 8th Street, Q Street from 7th to Canopy Street, and
Canopy Street from P to Q Street from May 6, 2017 through
October 14, 2017; and on 8th Street from P to Q Street
from May 6, 2017 through August 26, 2017.
Fact Sheet (296K)
Attachment (4962K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS
18) 17-39 Comp. Plan Conformance 17002 Declaring approximately
1,200 square feet of property generally located at
2201 South 17th Street as surplus property.
(PASSED, 7-0; #20465)
Fact Sheet (751K)
19) 17-42 Approving a Purchase Agreement between the City of
Lincoln and Rasheed Badeer and Media Kajan for the
sale of City owned property generally located at
623 South 19th Street. (PASSED, 7-0; #20466)
Fact Sheet (520K)
Attachment (4231K)
20) 17-16 Amending Chapter 3.06 of the Lincoln Municipal Code
relating to the Formulation and Submittal of the
Biennial Budget by amending Section 3.06.020 to change
the date by which the Mayor's recommended biennial
budget must be submitted to the City Council to June
15th and repealing Section 3.06.020 of the Lincoln
Municipal Code as hitherto existing. (Related
Items: 17-16, 17R-36) (PASSED, 7-0; #20467)
Fact Sheet (250K)
21) 17R-36 A resolution establishing the timeline for the
preparation and approval of the City's biennial budget.
(Related Items: 17-16, 17R-36) (Action Date:
3/27/17) (ADOPTED, 7-0; A-90340)
Fact Sheet (218K)
Attachment (866K)
22) 17-29 Comp. Plan Conformance 16010 Declaring approximately
4,525 square feet of property generally located adjacent
to 710 Hill Street in Standing Bear Park as surplus
property. (Related Items: 17-29, 17-34)
(PASSED, 7-0; #20468)
Fact Sheet (2000K)
23) 17-34 Approving a Property Purchase and Sale Agreement for
the sale of approximately 4,123.35 square feet in the
southeast corner of Standing Bear Park to Lincoln Public
Schools for circulation associated with operation of a
food distribution center on the abutting LPS property.
(Related Items: 17-29, 17-34) (PASSED, 7-0; #20469)
Fact Sheet (429K)
Attachment (6487K)
24) 17-37 Change of Zone 17003 Application of New Covenant
Community Church for a change of zone from AGR
Agricultural Residential District to R-3 Residential
District and from AGR Agricultural Residential District
to R-T Residential Transition District on property
generally located at 6000 South 84th Street.
(Related Items: 17-37, 17R-78) (PASSED, 7-0; #20470)
Fact Sheet (1130K)
25) 17R-78 Approving a Development and Conditional Zoning Agreement
between the City of Lincoln, Nebraska and New Covenant
Community Church (Developer) to prohibit certain R-T
District uses which should not be located on the
Developer's property within a Pipe Line Planning Area
next to an existing natural gas line. (Related Items:
17-37, 17R-78) (Action Date: 3/27/17) (ADOPTED, 7-0;
A-90341)
Fact Sheet (258K)
Attachment (687K)
26) 17-38 Change of Zone 16042 Application of EMLI, LLC for a
change of zone from R-2 Residential District to B-3
Commercial District on property generally located at
3255 A Street. (Related Items: 17-38, 17R-81)
(PASSED, 7-0; #20471)
Fact Sheet (9528K)
27) 17R-81 Approving a Development and Conditional Zoning Agreement
between the City of Lincoln, Nebraska and EMLI, LLC
(Developer) to prohibit the use of the property generally
located at 3255 A Street for a range of commercial and
retail uses which would not be compatible with the
surrounding neighborhood under the proposed Change of
Zone 16042. (Related Items: 17-38, 17R-81)
(Action Date: 3/27/17) (ADOPTED, 7-0; A-90342)
Fact Sheet (269K)
Attachment (866K)
28) 17-40 Annexation 17002 Amending the Lincoln Corporate Limits
Map by annexing approximately 61.91 acres of property
generally located at South 90th Street and A Street.
(Related Items: 17-40, 17-41, 17R-82) (Action Date:
3/27/17) (PASSED, 7-0; #20472)
Fact Sheet (7195K)
Attachment (347K)
29) 17-41 Change of Zone 17002 Application of Jack A. Herbert,
Trustee of the Marie A Herbert Trust, Marie A. Herbert,
Trustee of the Jack A. Herbert Trust, and Blue Rock
Investments, LLC for a change of zone from AG Agricultural
District to R-3 Residential District and from AG
Agricultural District to R-1 Residential District on
property generally located at South 90th Street and A
Street. (Related Items: 17-40, 17-41, 17R-82)
(PASSED, 7-0; #20473)
Fact Sheet (1878K)
30) 17R-82 Approving a Conditional Annexation and Zoning Agreement
among Jack A. Herbert, Trustee of the Marie A. Herbert
Trust, Marie A. Herbert, Trustee of the Jack A. Herbert
Trust, Blue Rock Investments, LLC, and the City of
Lincoln regarding the construction of various public
improvements necessitated by the requested annexation
of property generally located at South 90th Street and A
Street. (Related Items: 17-40, 17-41, 17R-82) (Action
Date: 3/27/17) (ADOPTED, 7-0; A-90343)
Fact Sheet (310K)
Attachment (1428K)
RESOLUTIONS - 1ST READING (ITEMS 31 THRU 33 HAD 1ST READING)
31) 17R-86 Amending the Lincoln-Lancaster County Air Pollution
Control Regulations and Standards to assure consistency
with Federal and State air quality regulations.
(3/20/17 - Introduction delayed 1 week to 3/27/17)
Fact Sheet (468K)
Attachment (19253K)
32) 17R-93 Approving a Contract between the City of Lincoln and
J&M Displays, Inc. for Independence Day Fireworks
Display, pursuant to Bid No. 16-263, for a term
beginning upon execution of the contract through
December 1, 2017 with the option to renew for one
additional three year term. (Consent)
Fact Sheet (294K)
Attachment (6133K)
33) 17R-94 Approving the labor contract between the City of Lincoln
and the Lincoln Police Union (LPU) for a term effective
August 11, 2016 through August 31, 2019.
Fact Sheet (214K)
Attachment (278K)
Redline (281K)
ORDINANCES - 1ST READING & RELATED RESOLUTIONS
(ITEMS 34 THRU 38 HAD 1ST READING)
34) 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)
Fact Sheet (479K)
Attachment (5043K)
35) 17R-97 Amending the FY 16/17 CIP to authorize and appropriate
$14,013,514 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)
Fact Sheet (477K)
36) 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)
Fact Sheet (486K)
37) 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)
38) 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)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST
39) 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)
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 MARCH,
OPEN MICROPHONE SESSIONS WILL BE HELD ON MARCH 13TH & 27TH.
ADJOURNMENT 7:34 P.M.
UPCOMING HEARINGS
Hearing date of Monday, April 3, 2017 at 3:00 p.m. on the
Application of Hy-Vee Inc dba Hy-Vee Restaurant for a Class I
Liquor License at 7151 Stacy Lane.
***
The Lincoln City Council meets at 3 p.m. Mondays except for
holidays. One meeting a month, usually the last one, begins at 5:30
p.m. All meetings are aired live on 5 CITY-TV and re-aired on Mondays
at 7 p.m., Tuesdays at 12 a.m. and Saturdays at 12:30 p.m. 5 CITY-TV
is available on Time Warner Cable(TWC)/Spectrum and Windstream Kinetic
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find the meetings on channel 71.14. The meetings are also streamed
live on the Internet and available later through video-on-demand at
lincoln.ne.gov (click on the 5 CITY-TV icon).
***
The City Council Agenda and Action Sheet may be accessed on the
Internet at: lincoln.ne.gov
***
ACCOMMODATION NOTICE
The City of Lincoln complies with Title VI of the Civil Rights Act of 1964 and
Section 504 of the Rehabilitation Act of 1973 guidelines. Ensuring the public's
access to and participating in public meetings is a priority for the City of
Lincoln. In the event you are in need of a reasonable accommodation in order to
attend or participate in a public meeting conducted by the City of Lincoln, please
contact the Director of Equity and Diversity, Lincoln Commission on Human Rights, at
(402) 441-7624 as soon as possible before the scheduled meeting date in order to
make your request.