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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, SEPTEMBER 25, 2017 AT 5:30 P.M. ALL MEMBERS PRESENT 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. 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) Lincoln Electric Systems Financial & Operating Statement for August, 2017.(PLACED ON FILE) 2) Clerk's Letter and Mayor's Approval of Resolution passed by City Council on September 11, 2017. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 3) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment No. 17054, to Use Permit No. 123E, Landmark Corporate Center, approved by the Planning Director on September 12, 2017, to divide Lot 17, Block 2 into 3 lots and reduce setbacks along common lot lines to 5 feet, generally located at N. 33rd Street and Ox Bow Circle. 4) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT: Change of Zone No. 17022 Requested by LUX Center for the Arts, from B 3 Commercial District to B 3 Commercial District with historic landmark overlay, on property generally located at 2601 North 48th Street. Change of Zone No. 17024 Requested by John & Terry Thomas, from AG (Agricultural District )to AG (Agricultural District) with Landmark Designation, on generally located at 6501 SW 40th Street. Change of Zone No. 17026 Requested by Magnum Properties, LLC, from H 3 (Highway Commercial District) to I 1 (Industrial District), on property generally located at 235 South Coddington Avenue. Special Permit No. 17031 Requested by John & Terry Thomas, to request a Landmark Designation, for a Bed and Breakfast in their home, on property generally located at 6501 SW 40th Street. Special Permit No. 2004A Requested by Olsson Associates, to reduce the required parking ratio for assembly facilities on Lot 2, Block 20 of the special permit 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. Text Amendment No. 17016 Requested by Olsson Associates, to amend Section 27.63.470(d) of the Lincoln Municipal Code to allow the City Council to modify minimum parking requirements for the Special Permit for Planned Service Commercial, and repealing Section 27.63.470(d) of the Lincoln Municipal Code as hitherto existing. 5) MISCELLANEOUS REFERRALS - NONE. - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 6) Application of SMG Food & Beverage, LLC for a special designated license to cover an outdoor area measuring approximately 176 feet by 83 feet at Pinnacle Bank Arena at 400 Pinnacle Arena Drive on October 14, 2017 between 8:00 a.m. and 11:00 p.m. (ADOPTED FOR APPROVAL, 7-0; A-90694) 7) Application of BW&R Canopy LLC dba Buffalo Wings & Rings, MVPZ AND ME Lincoln, LLC dba BurgerFi, Yard Investments LLC dba Gate 25, Yin Family LLC dba Hiro88, The Club at the Yard LLC dba Rule G, Home-Grown Industries Lincoln LLC dba Mellow Mushroom, Breezy Island LLC dba Breezy Island, and The Bar at the Yard LLC dba Longwell's for a special designated licenses to cover an outdoor area measuring approximately 370 feet by 400 feet in the Railyard at 601 R Street/350 Canopy Street on October 20, 2017 from 2 p.m. and 2 a.m., October 21, 2017 from 10 a.m. to 2 a.m., and Oct. 22, 2017 from 10 a.m. to 2 a.m. (ADOPTED FOR APPROVAL, 7-0; A-90695) Special Event Application PUBLIC HEARING - RESOLUTIONS 8) 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) (PLACED ON PENDING NO DATE CERTAIN, 7-0) Fact Sheet (244K) Attachment (14529K) 9) 17R-239 Comp. Plan Conformance 17014 Approving an amendment to the 48th & O Street Redevelopment Plan to add the "Skate Zone Redevelopment Project" for the demolition of existing buildings and construction of a 4-story hotel with approximately 84 guest rooms, a 5,600 square foot retail building, surface parking, and associated intersection and right-of-way improvements, on property generally bounded by R Street on the north, 48th Street on the west,Joshua01
52nd50th Street on the east, and N Street on the south. (ADOPTED, 7-0; A-90696) Attachment (4921K) 10) 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. (PUBLIC HEARING & ACTION CONT'D 13 WEEKS TO 10/16/17, 7-0) Fact Sheet (224K) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (ITEM 11 HAD 2ND READING) 11) 17-134 Ordinance approving (1) Amendment to the Master Site Lease from the City and The County of Lancaster, Nebraska to the Lincoln-Lancaster County Public Building Commission, (2) Amendment to the Master Lease Agreement from the Commission to the County and the City and (3) the issuance of not to exceed $1,700,000 of the Commission's Tax Supported Lease Rental Revenue Refunding Bonds, Series 2017. - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS 12) 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. (PASSED, 7-0; #20549) Fact Sheet (271K) 13) 17-125 Street & Alley Vacation 17007 Vacating the north to south alley between Gladstone and Judson Streets between North 53rd and North 54th Streets.(PASSED, 7-0; #20550) Fact Sheet (1632K) 14) 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. (PASSED, 7-0; #20551) Fact Sheet (1231K) 15) 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.(PASSED, 7-0; #20552) Fact Sheet (10606K) 16) 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.(PASSED, 7-0; #20553) Fact Sheet (10606K) 17) 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.(PASSED, 7-0; #20554) Fact Sheet (271K) Attachment (487K) 18) 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. (PASSED, 7-0; #20555) Fact Sheet (271K) Attachment (487K) 19) 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.(PASSED, 7-0; #20556) Fact Sheet (271K) Attachment (487K) 20) 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.(Related Items: 17-100, 17-128, 17R-232, 17-133) (MTA #1 ADOPTED, 7-0; PASSED AS AMENDED, 7-0; #20557) Fact Sheet (271K) Attachment (487K) Motion To Amend (7K) Substitute (785K) 21) 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: 17-100, 17-128, 17R-232, 17-133) (PASSED, 7-0; #20558) Fact Sheet (11083K) 22) 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: 17-100, 17-128, 17R-232, 17-133) (Action Date: 9/25/17) (ADOPTED, 7-0; A-90697) Fact Sheet (10268K) 23) 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: 17-100, 17-128, 17R-232, 17-133) (PASSED, 7-0; #20559) Fact Sheet (244K) Attachment (14529K) RESOLUTIONS - 1ST READING (ITEMS 24 THRU 26 HAD 1ST READING) 24) 17R-244 Approving an Agreement between the City of Lincoln on behalf of the Lincoln- Lancaster County Health Department and Ponca Tribe of Nebraska on behalf of the Minority Health Partners' Initiative to accept a two year sub-grant in the amount of $68,400.00 to work with community partners on the reduction of minority health risks, including assisting clients in accessing dental services. (Consent) Fact Sheet (368K) Attachment (6438K) 25) 17R-245 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of September 1-15, 2017. Fact Sheet (30K) Attachment (60K) 26) 17R-243 Approving a Conservation Easement Agreement between the City of Lincoln and PCE, Inc. to preserve the flood storage capacity on property generally located at 1821 Yolande Avenue. Fact Sheet (218K) Attachment (1757K) ORDINANCES - 1ST READING & RELATED RESOLUTIONS (ITEMS 27 THRU 31 HAD 1ST READING) 27) 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) Fact Sheet (367K) Attachment (2162K) 28) 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) Fact Sheet (245K) 29) 17-135 Authorizing the issuance of Tax Allocation Bonds for the Skate Zone Redevelopment Project. (Related Items: 17R-241, 17R-242, 17-135) Fact Sheet (272K) 30) 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. Fact Sheet (351K) 31) 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. Fact Sheet (2808K) PENDING LIST - DATE CERTAIN 32) 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) Fact Sheet (2330K) 33) 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) 34) 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) 35) 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) 36) 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 7:04 P.M. UPCOMING HEARINGS Hearing date of Monday, October 2, 2017 at 3:00 p.m. on the Application of C.Berry Investments LLC dba The Junction for a Class I Liquor License at 1434 O Street, Suite 2. Hearing date of Monday, October 2, 2017 at 3:00 p.m. on the Manager Application of Scott E. Foley for Star City Hockey LLC dba Lincoln Stars Hockey at 1880 N. Antelope Valley Parkway. *** 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.