
City of Lincoln
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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, SEPTEMBER 11, 2017 AT 3:00 P.M. DUE TO THE CITY OF LINCOLN INDIGENOUS PEOPLES' DAY - COLUMBUS DAY HOLIDAY, THERE WILL BE NO CITY COUNCIL MEETING ON MONDAY, OCTOBER 9, 2017, HOWEVER, CITY OFFICES WILL BE OPEN. ALL MEMBERS PRESENT EXCEPT CAMP, LAMM 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-219 Appointing Eric Buchanan and Janice Walker to the Community Health Endowment Board for terms expiring September 1, 2020.(MTA #1 ADOPTED, 5-0; ADOPTED AS AMENDED, 5-0; A-90662) Attachment (405K) Motion To Amend (6K) 2) 17R-220 Reappointing John (Rusty) Vanneman and Dan Marvin to the Community Health Endowment Board for terms expiring September 1, 2020. (ADOPTED, 5-0; A-90663) 3) 17R-221 Appointing Eric A. North to the Community Forestry Advisory Board for a term expiring August 14, 2020. (ADOPTED, 5-0; A-90664) Attachment (224K) 4) 17R-222 Reappointing Emily Casper and Scott E. Hofeling to the Community Forestry Advisory Board for terms expiring August 14, 2020. (ADOPTED, 5-0; A-90665) 5) Approving the Distribution of Funds Representing Interest Earnings on Short-term Investments of Idle Funds During the Month Ended July 31, 2017. (ADOPTED, 5-0; A-90666) 6) Clerk's Letter and Mayor's Approval of Resolution and Ordinances passed by City Council on August 21, 2017. (PLACED ON FILE) 7) Clerk's Letter and Mayor's Approval of Resolution and Ordinances passed by City Council on August 28, 2017. (PLACED ON FILE) 8) Report from City Treasurer of city cash on hand at the close of business on July 31, 2017. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 9) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT: Change of Zone No. 17021 Requested by Mark Hunzeker, Baylor Evnen Law Firm, 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. Special Permit No. 17033 Requested by Sierra Investments, LLC, for a building addition along with expansion of vehicle storage and parking with reduction of rear yard setback from 28.4 feet to 10 feet, on property generally located at 2051 K Street. 10) MISCELLANEOUS REFERRALS - NONE - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 11) Application of Costco Wholesale Corporation dba Costco Wholesale #1285 for a Class D liquor license at 1620 Pine Lake Road. (ADOPTED FOR APPROVAL, 5-0; A-90667) 12) Manager Application of Clay Bradshaw for Costco Wholesale Corporation dba Costco Wholesale #1285 at 1620 Pine Lake Road. (ADOPTED FOR APPROVAL, 5-0; A-90668) 13) Application of ACR Corp. dba Jake's Cigars & Spirits for a special designated license to cover an outdoor area measuring approximately 60 feet by 40 feet at 101 North 14th Street, Suite 1 on September 28, 29, & 30, 2017 between 5:00 p.m. and 11:00 p.m. (ADOPTED FOR APPROVAL, 5-0; A-90669) 14) Application of SMG Food & Beverage, LLC for a special designated license to cover an outdoor area measuring approximately 281 feet by 267 feet at South Pointe Shopping Mall at 2910 Pine Lake Road on September 30, 2017 between 10:00 a.m. and 6:00 p.m. and October 1, 2017 between 10:00 a.m. and 5:00 p.m. (ADOPTED FOR APPROVAL, 5-0; A-90670) PUBLIC HEARING - RESOLUTIONS 15) 17R-216 Approving Legends Patio Grill and Bar as a keno satellite at 801 R Street. (ADOPTED, 5-0; A-90671) Fact Sheet (212K) 16) 17R-217 Approving Gray's Keg Saloon as a keno satellite at 104 North 20th Street. (ADOPTED, 5-0; A-90672) Fact Sheet (205K) 17) 17R-218 Approving Halftime Bar & Grill as a keno satellite at 200 West P Street. (ADOPTED, 5-0; A-90673) Fact Sheet (208K) 18) 17R-223 Use Permit 05004A Application of Large Partnership LTD to alter the existing layout to show 6 lots surrounded by an outlot and to increase the approved square footage from 31,500 to 54,000 square feet of commercial space, with waivers to setbacks, on property generally located at South 14th Street and Yankee Hill Road. (ADOPTED, 5-0; A-90674) Fact Sheet (208K) 19) 17R-224 Comp. Plan Conformance 17012 Approving an amendment to the West O Street Redevelopment Plan to add the "Huvepharma Inc. Redevelopment Project" for the redevelopment of a vacant parcel into an approximately 30,000 square foot research and development complex, on property generally bounded by West P Street, the first set of railroad tracks south of West O Street, 9th Street, and NW/SW 70th Street. (ADOPTED, 5-0; A-90675) Fact Sheet (208K) Attachment (208K) 20) 17R-226 A resolution of the City Council of the City of Lincoln affirming the City's commitment to safeguard the civil rights, safety, and dignity of all community members and our commitment to a diverse, supportive, inclusive, and protective community. (ADOPTED, 5-0; A-90676) Fact Sheet (208K) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS - NONE - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS - NONE RESOLUTIONS - 1ST READING (ITEMS 21 THRU 31 HAD 1ST READING) 21) 17R-227 Reappointing Sharon L. Busch and Steven Eggland to the Aging Partners Areawide Advisory Council for terms expiring June 30, 2020. (Consent) 22) 17R-228 Appointing Jacquelyn Miller to the Aging Partners Areawide Advisory Council for a term expiring June 30, 2020. (Consent) Attachment (1223K) 23) 17R-229 Approving a Sublease Agreement Addendum #3 to renew an existing Sublease between the City on behalf of the Lincoln Police Department and the State of Nebraska on behalf of the Nebraska State Patrol for a three year term. (Consent) Fact Sheet (237K) 24) 17R-235 Approving Supplement No. 5 to the Preliminary Engineering and National Environmental Policy Act (NEPA) Services Agreement between the City of Lincoln and The Schemmer Associates, Inc. for the North 14th Street Eastbound On-ramp to US-6 Federal Aid Project. (Project No. HSIP-5227(7), CN 12944). (Consent) Fact Sheet (359K) Attachment (2866K) 25) 17R-238 Approving the 2017-2018 City tax rate of .31648 per $100.00 of assessed valuation. Fact Sheet (409K) 26) 17R-231 Approving Lagniappe 9, LLC dba Red Fox Westside Grille as a keno satellite at 1339 West O Street. Fact Sheet (210K) 27) 17R-234 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of August 16-31, 2017. Fact Sheet (31K) Attachment (60K) 28) 17R-230 Approving a labor contract between the City of Lincoln and the Lincoln Firefighters Association (IAFF) for a term effective August 11, 2016 through August 31, 2017. Fact Sheet (201K) Attachment (517K) Attachment Readline (525K) 29) 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. Fact Sheet (31K) Attachment (60K) 30) 17R-236 Approving the Huvepharma Inc. Redevelopment Agreement between the City of Lincoln and Huvepharma Inc. relating to the redevelopment of property generally located at 245 Southwest 40th Street. (Related Items: 17R-236, 17R-237) Fact Sheet (31K) Attachment (60K) 31) 17R-237 Amending the FY 17-18 CIP to authorize and appropriate $500,000.00 in TIF funds for the Huvepharma Inc. project. (Related Items: 17R-236, 17R-237) Fact Sheet (31K) ORDINANCES - 1ST READING & RELATED RESOLUTIONS (ITEMS 32 THRU 43 HAD 1ST READING) 32) 17-100 Approving Amendment No. 1 to the Annexation Agreement between the City of Lincoln and the Rokeby Road Coalition Property Owners to approve an alternate road design for the paving of Rokeby Road from South 70th Street to South 84th Street and to provide funding for the construction of Rokeby Road from South 70th Street to Carpathian Way as the initial phase of construction and to provide funding for the LES Rokeby Road Intersection Improvements and to approve two Regional Detention Cells to meet the stormwater detention needs of the Coalition Watershed Property. Fact Sheet (288K) Attachment (11687K) 33) 17-124 Approving a Lease Agreement between the City of Lincoln and Silver Properties, LLC for a lease for a three-year term for use by the Lincoln Police Department. Fact Sheet (271K) 34) 17-125 Street & Alley Vacation 17007 Vacating the north to south alley between Gladstone and Judson Streets between North 53rd and North 54th Streets. Fact Sheet (1632K) 35) 17-129 Comp. Plan Conformance 17015 Declaring approximately 13,400 square feet of property generally located adjacent to Leighton Avenue between 43rd and 45th Streets as surplus property. Fact Sheet (1231K) 36) 17-130 Change of Zone 16036A Application of Wilderness Hill, LLC to amend the Wilderness Hills Commercial Planned Unit Development to add motorized vehicle sales and repair/ service, early childhood care facilities, academies, and private schools as allowed uses, with a waiver to side yard setbacks, on property generally located at the southeast corner of South 27th Street and Yankee Hill Road. Fact Sheet (10606K) 37) 17-131 Text Amendment 17012 Amending Chapter 27.72 of the Lincoln Municipal Code relating to the zoning ordinance height and lot regulations by amending Section 27.72.120 to provide that an accessory building attached to the main building by an unenclosed deck or walkway shall not be considered part of the main building and subject to the height and yard requirement of the main building; and repealing Section 27.72.120 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (1710K) 38) 17-132 Change of Zone 17020 Application of Lancaster County Board of Commissioners to designate Trabert Hall as a Landmark, changing the zoning district from P Public District to R-4 Residential District with Landmark Overlay, on property generally located at 2202 South 11th Street. Fact Sheet (11627K) Attachment (3109K) 39) 17-126 Approving a Real Estate Sales Agreement between the City of Lincoln and Anderson Homes, Inc. for the sale of City owned property generally located near the intersection of West Redberry and West Thatcher Lanes. Fact Sheet (1038K) Attachment (1136K) 40) 17-127 Approving a Lease Purchase Agreement between the City of Lincoln and Stryker Sales Corporation for the purpose of purchasing LifePak monitor/defibrillators and a video laryngoscope. Fact Sheet (365K) Attachment (4125K) 41) 17-128 Comp. Plan Conformance 17010 Declaring approximately 34.50 acres of property generally located at South 84th Street and Yankee Hill Road as surplus property.(Related Items: 17-128, 17R-232, 17-133) Fact Sheet (11083K) 42) 17R-232 Comprehensive Plan Amendment 17003 Amending the 2040 Lincoln-Lancaster County Comprehensive Plan by re- designating future land uses in the area of Jensen Park from Urban Density Residential and Industrial to Green Space, and from Open Space to Urban Density Residential and Commercial, on property generally located at South 84th Street and Yankee Hill Road. (Related Items: 17-128, 17R-232, 17-133)(Action Date: 9/25/17) Fact Sheet (10268K) 43) 17-133 Approving a Land Exchange Agreement among the City of Lincoln, Milton Talcott, Carol Talcott, and R.C. Krueger Development Company to reconfigure Jensen Park by exchanging approximately 35 acres of park property on the south side of the park for approximately 40 acres of private property on the east side of the park. (Related Items: 17-128, 17R-232, 17-133) Fact Sheet (5093K) Attachment (526K) PENDING LIST - DATE CERTAIN 44) 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) Fact Sheet (2330K) 45) 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) 46) 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) 47) 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 (323K) 48) 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) 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 SEPTEMBER, OPEN MICROPHONE SESSIONS WILL BE HELD ON SEPTEMBER 11TH & 25TH. ADJOURNMENT 4:25 P.M. UPCOMING HEARINGS Hearing date of Monday, September 18, 2017 at 3:00 p.m. on the Application of TMAI & JPHAM Investment Group LLC dba 12th Street Pub for a Class CK Liquor License at 100 N 12th Street. Hearing date of Monday, September 18, 2017 at 3:00 p.m. on the Application of Lagniappe 9 LLC dba Red Fox Westside Grille for a Class I Liquor License at 1339 West O Street. Hearing date of Monday, September 18, 2017 at 3:00 p.m. on the Application of Steve O's Lounge LLC dba Steve O's Lounge for an addition of an area measuring approx. 56' x 20' to the licensed premise at 110 West Fletcher Avenue. *** The Lincoln City Council meets every Monday at 3 p.m. except for the last Monday of the month whichbegins at 5:30 p.m. All City Council meetings are aired live on LNKTV City and re-aired later. For a schedule, visit lincoln.ne.gov (keyword: LNKTV). LNKTV City can be found on all three cable television system: ALLO Channel 2; Spectrum Channel 1300; Kinetic Channel 5. Meetings are also streamed live at lincoln.ne.gov (keyword: LNKTV) and available later at youtube.com/LNKTVcity. *** 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.