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IMMEDIATELY PRIOR TO THE REGULAR CITY COUNCIL MEETING, THE BOARD OF EQUALIZATION WILL CONVENE TO DISCUSS THE ASSESSMENTS AS SHOWN BELOW ACTION FROM THE BOARD OF EQUALIZATION MEETING HELD MONDAY, NOVEMBER 16, 2015, 3:00 P.M. ALL MEMBERS PRESENT ELECTION OF CHAIR READING OF OPENING STATEMENT BY CHAIR PERSON CITY CLERK READS ITEMS 1 - 6 INTO THE RECORD 1) DOWNTOWN BUSINESS IMPROVEMENT DISTRICT generally bounded by H, 6th, R, and 17th Streets. (APPROVED, 7-0) 2) CORE BUSINESS IMPROVEMENT DISTRICT OVERLAY generally bounded by Centennial Mall, M, 9th and Q Streets. (APPROVED, 7-0) 3) DOWNTOWN MAINTENANCE DISTRICT extending from 7th St. on the west to 17th St. on the east and from R St. on the north, to M St. on the south, including the properties abutting on the west side of 7th St. from N St. to R St.; the east side of 17th St. from Q St. to M St.; the north side of R St. from 7th St. to 10th St.; the south side of M St. from 8th St. to 17th St., both sides of 13th St. from M St. to Lincoln Mall and all of Cornhusker Square. (APPROVED, 7-0) 4) WEST HAYMARKET/DOWNTOWN MAINTENANCE BUSINESS IMPROVEMENT DISTRICT generally bounded by the west line of Outlot C, West Haymarket Addition from approx. K St. on the south, north to N St. and continuing north along the center line of Pinnacle Arena Dr. to approx. 9th and 10th Sts., south to R St., west to 7th St., south to O St., east to 8th St., south to the alley south of N St., and west to the east line of Outlot C, West Haymarket Addition. (APPROVED, 7-0) 5) WEST HAYMARKET/DOWNTOWN MANAGEMENT BUSINESS IMPROVEMENT DISTRICT generally bounded by Pinnacle Arena Dr. on the west and north, N. 10th St. on the east, and Q, R and N St. on the south. (APPROVED, 7-0) 6) WEST HAYMARKET/DOWNTOWN CORE MANAGEMENT BUSINESS IMPROVEMENT DISTRICT OVERLAY generally bounded by Pinnacle Arena Dr. on the west and north, N. 8th and N. 9th Sts. on the east, and O and N Sts. on the south. (APPROVED, 7-0) REMARKS BY/QUESTIONS OF URBAN DEVELOPMENT DEPARTMENT STAFF PUBLIC TESTIMONY - NONE VOTING SESSION ADJOURNMENT - 3:14 P.M. ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, NOVEMBER 16, 2015 AT 3:00 P.M. DUE TO THE THANKSGIVING HOLIDAY, THE CITY COUNCIL WILL NOT MEET ON MONDAY, NOVEMBER 30, 2015 ALL MEMBERS PRESENT MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF SEPTEMBER, 2015 WAS PRESENTED TO MIKE CUTSHALL, INFORMATION SERVICES, FINANCE DEPARTMENT 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) 15R-226 Approving a Grant Contract between the Community Health Endowment and the Lincoln-Lancaster County Health Department to assist lower income and uninsured Lincoln and Lancaster County residents in accessing a dental home for dental treatment and continuity of care for a term of July 1, 2015 through June 30, 2018 for a grant in the amount of $492,862.00. (ADOPTED, 7-0; A-89347) Fact Sheet (58K) Attachment (492K) 2) Approving the Distribution of Funds Representing Interest Earnings on Short-term Investments of Idle Funds During the Month Ended September 30, 2015. (ADOPTED, 7-0; A-89348) 3) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by City Council on October 19, 2015. (PLACED ON FILE) 4) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by City Council on October 26, 2015. (PLACED ON FILE) 5) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by City Council on November 2, 2015. (PLACED ON FILE) 6) Affidavit of Mailing for the Assessment of Weed Abatement by the County Weed Control Authority for the Calendar Year January 1, 2015 Through December 31, 2015. (PLACED ON FILE) 7) Report from City Treasurer of 911 Surcharges for the month of September, 2015. (PLACED ON FILE) 8) Report from the City Treasurer of City Cash on Hand at the Close of Business September 30, 2015. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 9) Setting the hearing date of Monday, November
1623, 2015 at 35:30 p.m. on the Manager Application of Nathan E. Johnson for B & R Stores, Inc. dba Russ's Market #2 at 130 N. 66th St. (APPROVED, 7-0; A-89349) 10) REFERRED TO THE PLANNING DEPARTMENT: USE PERMIT NO. 107E, requested by Firethorn Development Corp. to amend Use Permit 107 to eliminate the limitation on the number of buildings and eliminate the requirement that at least 35,000 sq. ft. of floor area, or 50% of the total floor area of each building, whichever is greater, has to be occupied by a single tenant on property generally located at S. 84th St. & Firethorn Ln. CHANGE OF ZONE NO. 15029, requested by Krueger Development, from AG Agriculture District and B-2 Planned Neighborhood Business District to R-3 Residential District, on property generally located at South 98th Street and Andermatt Drive. CHANGE OF ZONE NO. 15030, requested by MAPCO Inc., from R-4 Residential District to B-3 Commercial District, with a Conditional Zoning Agreement and site plan, on property generally located at 711 - 725 South Street. CHANGE OF ZONE NO. 15032, requested by HiMark Properties, LLC, from AG Agriculture District to R-3 Residential District, for approximately 5 acres, more or less, on property generally located at South 88th Street and Pioneers Boulevard. CHANGE OF ZONE NO. 15033, requested by VerMaas & Sons, LLC, from AG to R-3, including approximately 5.44 acres, more or less, on property generally located at South 27th Street and Rokeby Road. SPECIAL PERMIT NO. 06014A, requested by Krueger Development, adding approximately 32 acres to the Southlake Community Unit Plan for 91 single-family lots, with requests for adjustments to setbacks, the lot width to depth ratio, and to allow drive-over curbs in private roadways, on property generally located at South 98th Street and Andermatt Drive. SPECIAL PERMIT NO. 15069, requested by VerMaas & Sons, LLC, for a Community Unit Plan to allow for the addition of up to 37 dwelling units, with waivers to allow for double-frontage lots, waive the storm water detention requirement, and allow for reduction of the radius of a cul-de-sac, on property generally located at South 27th Street and Rokeby Road. SPECIAL PERMIT NO. 1762E, requested by Tom Smith, the Vintage Heights Community Plan, to increase the number of dwelling units from 964 to 990, and which allows 84 dwelling units to be served by sanitary sewer, which requires a sewage pump lift station to use the City's sanitary sewer system, and a request to waive Section 26.23.130 of the Subdivision Ordinance to allow for a block length of more than 1,320 feet, on property generally located at South 98th Street and Old Cheney Road. TEXT AMENDMENT NO. 15022, requested by U. S. Property, amending Section 27.62.100 of the Lincoln Municipal Code relating to Conditional Uses in Retail Sales and Services Use Group to correct an error made to subsection (h)(2) in a previous text amendment to clarify that the floor area restriction for personal services applies to the size of the use and not to the size of the building the use is located in, and repealing Section 27.62.100 of the Lincoln Municipal Code as hitherto existing. TEXT AMENDMENT NO. 15023, requested by Public Works and Utilities Department, amending Sections 1 through 10 of Chapter 2.05 - Stormwater Drainage Design Standards to add definitions in Section 1, to provide information in Section 2 as to where and how to obtain a copy of the City of Lincoln Drainage Criteria Manual, and to update Sections 2 through 10 to clarify references to the City of Lincoln's Drainage Criteria Manual, the Federal Emergency Management Agency, the Flood Insurance Study, the Department of Public Works and Utilities, the City of Lincoln and the Nebraska Department of Natural Resources, and to match provisions included in Ordinance No. 19990 (adding a new Chapter 28.03 - Regulations for Post Construction Storm Water Management to the Lincoln Municipal Code) and included in Resolution No. A -88056 (adopting a new Chapter 8 to the City of Lincoln's Drainage Criteria Manual). 11) MISCELLANEOUS REFERRALS - NONE - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 12) Application of Shopko Stores Operating Co., LLC dba Shopko #175 for a Class B liquor license at 6845 South 27th Street. (ADOPTED FOR APPROVAL, 7-0; A-89350) 13) Manager Application of James E. Larson for Shopko Stores Operating Co., LLC dba Shopko #175 at 6845 South 27th Street. (ADOPTED FOR APPROVAL, 7-0; A-89351) 14) Application of 9500, LLC dba Lazzari's Pizza for a Class C liquor license at 4701 Old Cheney Road, Suite D. (ADOPTED AS AMENDED, 7-0; A-89352) 15) Manager Application of Seth D. Regan for 9500, LLC dba Lazzari's Pizza at 4701 Old Cheney Road, Suite D. (ADOPTED AS AMENDED, 7-0; A-89353) 16) Application of Matthew Myers dba The Happy Raven for a Class C liquor license at 122 North 11th Street, Suite 100B. (ADOPTED FOR APPROVAL, 7-0; A-89354) 17) Manager Application of Matthew W. Myers for Matthew Myers dba The Happy Raven at 122 North 11th Street, Suite 100B. (ADOPTED FOR APPROVAL, 7-0; A-89355) 18) Application of Drive Method, LLC dba Method Cycles and Crafthouse for a Class C liquor license at 416 South 11th Street. (ADOPTED FOR DENIAL, 7-0; A-89356) 19) Manager Application of Sean S. Dunbar for Drive Method, LLC dba Method Cycles and Crafthouse at 416 South 11th Street. (ADOPTED FOR DENIAL, 7-0; A-89357) 20) Application of Walking Hubble, LLC dba The Hot Mess for a Class C liquor license at 410 South 11th Street. (ADOPTED FOR APPROVAL, 7-0; A-89358) 21) Manager Application of Carolyn M. Nolte for Walking Hubble, LLC dba The Hot Mess at 410 South 11th Street. (ADOPTED FOR APPROVAL, 7-0; A-89359) 22) Manager Application of Jackson H. Bornemeier for SWIG, LLC dba 9 South Chargrill at 844 South Street. (ADOPTED FOR APPROVAL, 7-0; A-89360) 23) Manager Application of Perry A. Pirsch for Lam Kuai Fang, LLC Perfect Diner at 2855 North 27th Street. (ADOPTED FOR APPROVAL, 7-0; A-89361) PUBLIC HEARING - RESOLUTIONS 24) 15R-220 Assessing liens for costs of registration fees and penalties for Neglected Buildings on the properties generally located at 226 South 29th Street, 2125 South 14th Street, 2217 South 67th Street, 1609 South 27th Street, 1344 D Street, 615 West Joel Street, and 3015 N Street and assessing a lien for costs of demolition on the property generally located at 441 D Street. (ADOPTED FOR APPROVAL, 7-0; A-89362) Fact Sheet (10K) Attachment (268K) 25) 15R-224 Adopting the Lincoln Electric System Annual Budget for 2016 to become effective January 1, 2016. (Action Date: 12/7/15) Fact Sheet (30K) 26) 15R-225 Adopting the Lincoln Electric System Rate Schedules to become effective January 1, 2016. (Action Date: 12/7/15) Fact Sheet (91K) Attachment (4189K) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (ITEM 27 HAD 2ND READING) 27) 15-135 Ordinance authorizing the execution of a First Amendment to Lease Agreement, and a Tax Compliance Agreement in connection with an adjustment to the interest rate provisions of the City's Industrial Development Promissory Revenue Note (Nebraska School Activities Association Project) Series 2015. Attachment (28K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS 28) 15-132 Annexation 15009 - Amending the Lincoln Corporate Limits Map by annexing approximately 4.02 acres of property generally located at North 56th Street and Alvo Road. (Related Items: 15-132, 15-133) (PASSED, 7-0; 20264) Fact Sheet (1608K) Attachment (364K) 29) 15-133 Change of Zone 15026 - 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 56th Street and Alvo Road. (Related Items: 15-132, 15- 133) (PASSED, 7-0; 20265) Fact Sheet (1608K) 30) 15-134 Amending Chapter 2.06 of the Lincoln Municipal Code relating to the Mayor's authority to execute contracts by adding a new section numbered 2.06.120 requiring Council approval of non-bid contracts above $50,000.00. (DELAY ACTION W/ PUBLIC HEARING 3 WEEKS TO 12/07/15, 7-0) Fact Sheet (24K) RESOLUTIONS - 1ST READING (ITEMS 31 THROUGH 38 HAD 1ST READING) 31) 15R-230 Approving an Amendment to Contract between the City of Lincoln, Lancaster County, Lincoln-Lancaster County Public Building Commission, and Snap-on Industrial for Tools and Accessories, pursuant to State of Nebraska Contract 14033 OC, for an additional two year term through September 19, 2017. (Consent) Fact Sheet (53K) Attachment (482K) 32) 15R-232 Reappointing Michael Cornelius, Jeanelle Lust, and Lynn O. Sunderman to the Lincoln-Lancaster County Planning Commission for terms expiring August 24, 2021. (Consent) 33) 15R-234 Approving a Service Agreement between the City of Lincoln and Environmental Systems Research Institute, Inc. to allow for unlimited G.I.S. licensing which will revamp the current license structure and simplify purchases, renewals, and costs for a four year period. (Consent) Fact Sheet (34K) Attachment (1299K) 34) 15R-227 A resolution to declare the official intent of the City of Lincoln, Nebraska to reimburse certain expenses from the proceeds of City of Lincoln Certificates of Participation in connection with the acquisition and installation of street lights, fiber optic network equipment, fire apparatus aerial trucks and fire engines, a fire station to replace the City's existing Fire Station No. 11, and a new roof and HVAC system for the City's municipal services center. 35) 15R-229 Authorizing the Mayor to execute a Municipality Program Agreement between the City of Lincoln and the State of Nebraska Department of Roads (NDOR) to make improvements on a portion of Highway 2 that is within corporate limits of the City of Lincoln. Project No. S-2-6(1034), CN 13284. Fact Sheet (67K) Attachment (892K) 36) 15R-231 Approving Second Amended and Restated Interlocal Cooperation Agreement to grant authority and authorize continued participation of the Emergency Communications Center PSAP in a regional 911 equipment/network sharing project. Fact Sheet (86K) Attachment (88K) 37) 15R-233 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of October 16-31, 2015. Fact Sheet (30K) Attachment (72K) 38) 15R-228 Use Permit 107E - Application of Firethorn Development Corporation to remove the limitations on the maximum number of buildings allowed, along with the minimum floor area requirements for office building tenants, on property generally located at South 84th Street and Firethorn Lane. Fact Sheet (2976K) ORDINANCES - 1ST READING & RELATED RESOLUTIONS (ITEMS 39 THROUGH 40 HAD 1ST READING) 39) 15-136 Annexation 15011 - Amending the Lincoln Corporate Limits Map by annexing approximately 48.92 acres and adjacent O Street right-of-way on property generally located at South 90th Street and O Street. (Related Items: 15-136, 15-137) (Request to delay Public Hearing to 12/7/15) Fact Sheet (4561K) Attachment (83K) 40) 15-137 Change of Zone 15028 - Application of the owners for approval of a change of zone rezoning approximately 48.92 acres from AG Agricultural District to R-3 Residential District; designating said property as a Planned Unit Development District; and for approval of a development plan which proposes R-3, R-5 and B-2 uses and modifications to the Zoning Ordinance and Subdivision Regulations. (Related Items: 15-136, 15-137) (Request to delay Public Hearing to 12/7/15) Fact Sheet (4162K) 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 NOVEMBER, OPEN MICROPHONE SESSIONS WILL BE HELD ON NOVEMBER 16TH & 23RD. ADJOURNMENT 5:41 P.M. UPCOMING HEARINGS Hearing date of Monday, November 23, 2015 at 5:30 p.m. for the Application of Kelli's Pub, LLC dba Kelli's Pub for a Class C Liquor License located at 1318 N. 66th Street. Hearing date of Monday, November 23, 2015 at 5:30 p.m. for the Application of Marci Davison dba Carmela's Bistro for a Class C Liquor License located at 4141 Pioneer Woods, Ste. 110. *** 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 at 1 p.m. Saturdays. 5 CITY-TV is available on Time Warner Cable (TWC) and Windstream Kinetic channel 5. TWC customers will need a digital cable box or digital adapter. Those with built-in digital cable tuners (QAM) will 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.