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Formal Agenda


  ACTION  FROM   THE  REGULAR  CITY  COUNCIL  MEETING  HELD
                MONDAY, AUGUST 3, 2015 AT 3:00 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)  15R-152   Appointing Vicki Powell to the Lincoln/Lancaster County
               EMS Oversight Authority, Inc. for a term expiring May 16, 2019.
               (ADOPTED, 7-0; A-89129)
               Attachment (35K)

 2)  15R-153   Reappointing Leo Benes and Thomas Wright to the Alarm
               Review Board for terms expiring July 1, 2017. 
               (ADOPTED, 7-0; A-89130)

 3)  15R-154   Reappointing Linda Carter and Michael DeKalb to the
               Startran Advisory Board for term expiring October 20, 2018.
               (ADOPTED, 7-0; A-89131) 

 4)  15R-155   Reappointing John Whitmer to the Electrical Advisory,
               Appeals & Examining Board for a term expiring July 15, 2018.
               (ADOPTED, 7-0; A-89132)

 5)  15R-156   Approving an Agreement between the City of Lincoln
               on behalf of the Lincoln Lancaster County Health
               Department and the Nebraska Department of Health
               and Human Services, Division of Public Health
               Tobacco Free Nebraska Program, to accept a
               subgrant in the amount of $652,885.00 to develop
               and implement strategies for reducing tobacco use
               and exposure to tobacco smoke in schools and
               communities and eliminate disparities related to
               tobacco use and its effects among population
               groups, for a term of July 1, 2015 through June 30, 2017.
               (ADOPTED, 7-0; A-89133)
               Fact Sheet (74K)
               Attachment (476K)

 6)            Resolution setting the interest rate and levying the
               assessments on Special Assessment Group I of the Board
               of Equalization held Monday, July 27, 2015.
               (ADOPTED, 7-0; A-89134)

 7)            Clerk's Letter and Mayor's Approval of Resolutions and
               Ordinances passed by City Council on July 20, 2015.
               (PLACED ON FILE)

 8)            Report from City Treasurer of Franchise Fees from Black
               Hills Corporation for the Month of May, 2015.  
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 9)            Setting the hearing date of Monday, August 10, 2015 at
               3:00 p.m. on the Applications of Y.A.M.S. Inc dba
               Joysticks, BW&R Canopy LLC dba Buffalo Wings & Rings,
               Peace a Pie LLC dba Mellow Mushroom, Breezy Island LLC
               dba Breezy Island, Club at the Yard LLC dba Rule G, Bar
               at the Yard LLC dba Longwell's, Yin Family LLC dba Hiro
               88, Yard Investments LLC dba Gate 25, and Astra Vega
               LLC dba Vega for a special designated license at The
               Railyard at 300/350 Canopy St. On August 21, 2015 from
               5 p.m. to 12 a.m. (ADOPTED, 7-0; A-89135) 

10)            Setting the hearing date of Monday, August 17, 2015 at
               3:00 p.m. on the Application of Brewsky's Food &
               Spirits Haymarket LLC for a special designated license
               at Pioneer's Park Nature center at 3201 S. Coddington
               on August 29, 2015 from 3 p.m. to 8 p.m.
               (ADOPTED, 7-0; A-89136)

11)            Setting the hearing date of Monday, August 17, 2015 at
               3:00 p.m. on the Application of Zipline Brewing Co. for
               a special designated license at Lincoln Journal Star
               Parking Lot at 9th & R Sts. on August 27, 2015
               from 3:30 p.m. to 8:30 p.m. (ADOPTED, 7-0; A-89137)

12)            Setting the hearing date of Monday, August 17, 2015 at
               3:00 p.m. on the Application of Annunciation Greek
               Orthodox Church for a special designated license at the
               Church at 950 N. 63rd St. on August 28, 2015
               from 4 p.m. to 10 p.m. and on August 29, 2015 from 11
               a.m. to 10 p.m. (ADOPTED, 7-0; A-89138)

13)            Setting the hearing date of Monday, August 10, 2015 at
               3:00 p.m. on the Application of SMG Food & Beverage LLC
               for a special designated license at Pinewood Bowl
               Theater at 3201 S. Coddington for the Big Sean Concert
               on August 25, 26, & 27, 2015 from 6 a.m. to 2 a.m. each
               day. (ADOPTED, 7-0; A-89139)

14)            Setting the hearing date of Monday, August 17, 2015 at
               3:00 p.m. on the Application of Nebraska Fresh Mex Inc
               dba Chevy's Fresh Mex for a Class IK Liquor License at
               5500 S. 56th St. (ADOPTED, 7-0; A-89140)

15)            Setting the hearing date of Monday, August 17, 2015 at
               3:00 p.m. on the Manager Application of Renee L. Snider
               for Walgreen Co. dba Walgreens #01162 at 8300 Northern
               Lights Dr., Walgreens #03182 at 7045 O St.,
               Walgreens #04088 at 2502 N. 48th St., 
               Walgreens #06884 at 4000 S. 70th St., 
               Walgreens #02845 at 5701 Village Dr., 
               Walgreens #05874 at 2630 Pine Lake Rd.,
               Walgreens #11089 at 5500 Red Rock Ln., 
               Walgreens #00515 at 2600 S. 48th St., Suite 7, and 
               Walgreens #00541 at 1301 O St.
               (ADOPTED, 7-0; A-89141)

16)            REFERRED TO THE PLANNING DEPT.:
               Change of Zone No. 15021, requested by Seniors
               Foundation VA Vision, LLC and Victory Park, LLC,
               Victory Park Planned Unit Development, change of zone
               from P (Public Use District) to B-2 Planned Unit
               Development, O-3 Planned Unit Development, and R-4
               Planned Unit Development, on property legally described
               as a tract of land composed of Lot 66, Irregular Tract,
               located in the NW 1/4 of Section 27-10-7, Lancaster
               County Nebraska, generally located at the Veterans
               Administration Campus, 600 South 70th Street, for a
               Planned Unit Development District designation of said
               property; and for approval of a development plan which
               proposes waivers to Title 26 and Title 27 of the
               Lincoln Municipal Code with modifications to the Zoning
               Ordinance, to design and construct a mixed-use
               development providing housing, medical offices and
               services, commercial and accessory services.
               Special Permit No. 15041, requested by The Clark
               Enersen Partners, to allow for an early childhood care
               facility, including a waiver to the conversion plan, on
               property generally located at 8120 O Street.
               Special Permit No. 15042, requested by Sprint
               Spectrum, L.P., to allow for a 60-foot tall temporary
               wireless facility with waivers to collocation and
               screening, on property generally located at 905 North
               9th Street.

17)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 15055 to Final Plat
               13096, Wilderness Hills 5th Addition, approved
               by the Acting Planning Director on July 23, 2015,
               requested by Engineering Design Consultants, to accept
               the Affidavit of Engineer for the corrected final plat
               for Wilderness Hills 5th Addition, generally
               located at S. 30th Street and Whispering Wind
               Boulevard.

18)       MISCELLANEOUS REFERRALS - NONE

                     - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

19)            Manager Application of Penny L. Cottingham for Eagle's
               Fraternal Order 147 dba Eagle's Fraternal Order 147 at
               500 West Industrial Lake Drive. (7/27/15 - Public
               Hearing & Action continued to 8/3/15)
               (ADOPTED FOR APPROVAL, 7-0;  A-89142)

20)            Application of Blink Restaurants, Inc. dba Blink, Fresh
               Casual Eatery for a Class C liquor license at 803 Q
               Street, Suite 150.  (ADOPTED FOR APPROVAL, 7-0;  A-89143)

21)            Manager Application of Nickolas A. Fraley for Blink
               Restaurants, Inc. dba Blink, Fresh Casual Eatery at 803
               Q Street, Suite 150. (ADOPTED FOR APPROVAL, 7-0;  A-89144) 

22)            Application of Countryview Studios, Inc. for a special
               designated license to cover an outdoor area measuring
               approximately 100 feet by 60 feet at Art & Soul at 5740
               Hidcote Drive on August 13 & 27, 2015 from 6:00 p.m. to
               9:00 p.m. (ADOPTED FOR APPROVAL, 7-0;  A-89145)


PUBLIC HEARING - RESOLUTIONS

23)  15R-157   Approving the 2015-16 Work Plan for the Interlocal
               Agreement on Stormwater Management between the
               City of Lincoln and the Lower Platte South Natural
               Resources District to address stormwater quality
               and quantity issues. (ADOPTED, 7-0; A-89146)
               Fact Sheet (31K)
               Attachment (67K)      

24)  15R-158   Approving a Preliminary Engineering Services Agreement
               Supplement No. 3 between the City of Lincoln and The
               Schemmer Associates, Inc. for Consultant compensation
               for additional work necessary to complete the Safety
               Project at North 14th Street and the eastbound
               off-ramp to US Highway 6 Federal Aid project. 
               (Project No. HSIP-5227(7), CN 12944). (ADOPTED, 7-0; A-89147)
               Fact Sheet (32K)
               Attachment (371K)  

25)  15R-159   Approving a Final Engineering Services Agreement
               between the City of Lincoln and Alfred Benesch &
               Company setting out the various duties and fees for the
               Safety Project at North 66th Street and Fremont Street 
               Federal Aid project. (Project No. HSIP-5253(1), CN 13227).
               (ADOPTED, 7-0; A-89148)
               Fact Sheet (70K)
               Attachment (1764K)

26)  15R-160   Accepting the report of new and pending claims against
               the City and approving disposition of claims set forth
               for the period of July 1-15, 2015. (ADOPTED, 7-0; A-89149)
               Fact Sheet (30K)
               Attachment (72K)

27)  15R-161   Hearing on One and Six Year Streets and Highways
               Program as required by State statute. (ADOPTED, 7-0; A-89150)
               Fact Sheet (47K)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
(ITEMS 28 THROUGH 35 HAD 2ND READING)

28)  15-92     Amending the pay schedules for certain employee
               groups by allowing a one time lump sum payment for
               employees whose classifications are assigned to
               the pay ranges prefixed by the letter "M".
               Fact Sheet (23K)
               Attachment (42K)

29)  15-93     Amending the pay schedules for certain employee
               groups by adjusting the schedules of annual,
               monthly, biweekly and hourly pay range equivalents
               for employees whose classifications are assigned
               to the pay ranges prefixed by the letter "X" to be
               effective August 13, 2015.
               Fact Sheet (22K)
               Attachment (213K)

30)  15-94     Amending the pay schedules for certain employee
               groups by adjusting the schedules of annual,
               monthly, biweekly and hourly pay range equivalents
               for employees whose classifications are assigned
               to the pay ranges prefixed by the letter "E" to be
               effective August 13, 2015.
               Fact Sheet (22K)
               Attachment (113K)

31)  15-95     Amending the pay schedules for certain employee
               groups by adjusting the schedules of annual,
               monthly, biweekly and hourly pay range equivalents
               for employees whose classifications are assigned
               to the pay ranges prefixed by the letter "B" to be
               effective August 13, 2015.
               Fact Sheet (23K)
               Attachment (17K)

32)  15-96     Amending the pay schedules for certain employee
               groups by adjusting the schedules of annual,
               monthly, biweekly and hourly pay range equivalents
               for employees whose classifications are assigned
               to the pay ranges prefixed by the letter "N" to be
               effective August 13, 2015.
               Fact Sheet (24K)
               Attachment (200K)

33)  15-97     Amending the pay schedules for certain employee
               groups by adjusting the schedules of annual,
               monthly, biweekly and hourly pay range equivalents
               for employees whose classifications are assigned
               to the pay ranges prefixed by the letter "C" to be
               effective August 13, 2015.
               Fact Sheet (24K)
               Attachment (125K)

34)  15-98     Amending the pay schedules for certain employee
               groups by adjusting the schedules of annual,
               monthly, biweekly and hourly pay range equivalents
               for employees whose classifications are assigned
               to the pay ranges prefixed by the letter "A" to be
               effective August 13, 2015.
               Fact Sheet (24K)
               Attachment (150K)

35)  15-99     Amending Section 5.17.575 of the Lincoln Municipal
               Code relating to the Telecommunication/Cable
               Television Advisory Board to provide that the City
               Council shall appoint a City Council member to
               serve as one of the eleven board members.
               Fact Sheet (21K)                              

                     - END PUBLIC HEARING -


ORDINANCES - 3RD READING & RELATED RESOLUTIONS

36)  15-88     Change of Zone 15017 - Application of Paws 4 Fun,
               LLC for a change of zone from H-2 Highway Business
               District to B-3 Commercial District on property
               generally located at 222 North 44th Street.
               (PASSED, 7-0; #20219)
               Fact Sheet (1336K)

37)  15-89     Change of Zone 15015 - Application of Robert and
               Marjorie Birkett for a change of zone from AG
               Agricultural District to R-3 Residential District
               on property generally located at 5000 South
               84th Street. (PASSED, 7-0; #20220)
               Fact Sheet (13452K)

38)  15-90     Change of Zone 15014 - Application of South Hills,
               Inc. for a change of zone from R-1 Residential
               District to R-2 Residential District on property
               generally located southwest of the intersection of
               Old Cheney Road and Norman Road.  (Related
               Items: 15-90, 15R-151) 
               (PASSED, 6-1; GAYLOR BAIRD DISSENTING; #20221)
               Fact Sheet (23510K)

39)  15R-151   Special Permit No. 15035 - Application of South Hills,
               Inc. to allow the construction of a residential health
               care facility for up to 258 residents, including
               waivers to the Zoning Code and Land Subdivision
               Ordinance to increase the maximum height of buildings,
               allow block length to exceed 1,320 feet, and eliminate
               pedestrian easement requirements for a block length
               exceeding 1,000 feet, on property generally located on
               the west portion of the Knolls Country Club, west of
               Norman Road and south of Old Cheney Road. (Related
               Items: 15-90, 15R-151) (Action Date: 8/3/15)
               (ADOPTED AS AMENDED, 6-1; GAYLOR BAIRD DISSENTING; A-89151)
               Fact Sheet (34383K)
               Attachment (3421K)

40)  15-91     Amending Chapter 9.44 of the Lincoln Municipal
               Code relating to Fireworks to prohibit the sale or
               use of sky lantern fireworks within the City of
               Lincoln. (PASSED, 7-0; #20222)
               Fact Sheet (31K)


RESOLUTIONS - 1ST READING  (ITEMS 41 THROUGH 46 HAD 1ST READING)

41)  15R-165   Approving a Contract Agreement between the City of
               Lincoln, Lancaster County and Whelen Engineering
               Company for WSCA-NASPO LED Emergency Light Bars, Siren
               Warning Accessories and Other Related Accessories,
               pursuant to Master Agreement No. 81297, for an
               additional one year term through July 31, 2016.
               (Consent)
               Fact Sheet (25K)
               Attachment (519K)

42)  15R-166   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 Old Cheney, 40th Street to Highway 2
               Pavement Repair project.  Project No. LCLC-5202(9), CN
               13315.
               Fact Sheet (79K)
               Attachment (773K)

43)  15R-167   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 Superior Street, 27th Street to Cornhusker
               Highway Pavement Repair project.  Project No. LCLC-
               5254(10), CN 13316.
               Fact Sheet (57K)
               Attachment (661K)

44)  15R-168   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 27th Street, Holdrege Street to Fletcher
               Avenue Pavement Repair project.  Project No. LCLC-
               5231(16), CN 13317.
               Fact Sheet (56K)
               Attachment (615K)

45)  15R-164   Use Permit 72A - Application of Maple Meadows Condo
               Association to reduce the front yard setback in the R-T
               Residential Transition District from 25 feet to 15 feet
               in order to install a free-standing sign located 15
               feet from the front property line, and change the
               landscaping plan, on property generally located at 4910
               Normal Boulevard.
               Fact Sheet (4288K)

46)  15R-163   Comp. Plan Conformance 15010 - Approving the proposed
               VA Campus Redevelopment Plan on approximately 65 acres,
               including the 70th Street right-of-way, for a
               mixed-use project identified as Victory Park, which
               will consist of housing, medical care, and services for
               senior citizens and veterans, on property generally
               located at 600 South 70th Street.
               Fact Sheet (1043K)
               Attachment (897K)


ORDINANCES - 1ST READING & RELATED RESOLUTIONS
(ITEMS 47 AND 48 HAD 1ST READING)

47)  15-75     Change of Zone 13004B - Application of TDP Phase
               One, LLC, to amend Ordinance No. 19870, relating
               to the Railyard Special Sign District to allow two
               sponsorship signs for the Railyard and limited
               advertising on The Cube, on property generally
               located at North 7th Street and Q Street.
               (Related Items: 15-75, 15R-162)
               Fact Sheet (464K)

48)  15R-162   Approving Amendment No. 1 to the West Haymarket
               Redevelopment Agreement between the City of Lincoln,
               the West Haymarket Joint Public Agency, and TDP Phase
               One, LLC which includes an Amended and Restated
               Plaza/Cube License Agreement. (Related Items: 15-75,
               15R-162) (Action Date: 8/17/15)
               Fact Sheet (41K)
               Attachment (256K)


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 AUGUST, OPEN MICROPHONE SESSIONS WILL BE HELD ON
     AUGUST 10TH & 24TH.


ADJOURNMENT	4:05 P.M.


UPCOMING HEARINGS

     Manager Application of Brian M. Hofmeister for MMG Nebraska 
     F & B, Inc. dba Chili's Grill & Bar at 6730 South 27th
     Street. (7/27/15 - Public Hearing & Action delayed to
     8/10/15)
                                  ***

     The Lincoln City Council meetings at 3 p.m. Mondays except for
holidays. One meeting a month, usually the last one, begins at 5:30
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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

                                  ***
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