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Formal Agenda


  ACTION FROM  THE  REGULAR  CITY  COUNCIL  MEETING  HELD
              MONDAY, NOVEMBER 23, 2015 AT 5:30 P.M.

     DUE TO THE THANKSGIVING HOLIDAY, THE CITY COUNCIL WILL NOT
               MEET ON MONDAY, NOVEMBER 30, 2015

                     ALL PRESENT EXCEPT CAMP

                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-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.(ADOPTED, 6-0; A-89363)
               Fact Sheet (53K)
               Attachment (482K)

 2)  15R-232   Reappointing Michael Cornelius, Jeanelle Lust, and 
               Lynn O. Sunderman to the Lincoln-Lancaster County 
               Planning Commission for terms expiring August 24, 
               2021. (ADOPTED, 6-0; A-89364)

 3)  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. 
               (ADOPTED, 6-0; A-89365)
               Fact Sheet (34K)            
               Attachment (1299K)

 4)            Resolution levying the assessments approved by the 
               City Council sitting as the Board of Equalization on 
               November 16, 2015 and setting the interest rate on those 
               assessments for the Costs of the Improvements in the 
               Downtown Business Improvement District, the Core Business
               Improvement District Overlay, the Downtown Maintenance
               District, the West Haymarket/downtown Management Business 
               Improvement District, the West Haymarket/downtown Maintenance
               Business Improvement District, and the West Haymarket/downtown
               Core Management Business Improvement District Overlay.
               (ADOPTED, 6-0; A-89366)



PETITIONS & COMMUNICATIONS

 5)            Setting the hearing date of Mon. December 14, 2015 at 
               3:00 p.m. on the Application of B&R Stores Inc. dba
               Russ's Market 2 for an addition of an area measuring
               approx 123' x 165' to the north at 130 N. 66th Street. 
               (ADOPTED, 5-0;  RAYBOULD ABSTAINED; A-89367)

 6)            Setting the hearing date of Mon. December 7, 2015 at
               3:00 p.m. on the Manager Application of Douglas W.
               Larkins for Whitemark Energy LLC dba U-Stop #26 at 
               8350 Northwoods Drive. (ADOPTED, 6-0; A-89368)

 7)            Setting the hearing date of Mon. December 14, 2015 at
               3:00 p.m. for the Application of Nebraska Entertainment
               Inc. dba Southpointe Cinemas for a Class I Liquor License
               located at 2920 Pine Lake Road. (ADOPTED, 6-0; A-89369)

 8)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 15073, Fallbrook 4th 
               Addition, approved by the Acting Planning Director 
               on November 3, 2015, requested by Clark Enersen 
               Partners, to extend the time for two years to install
               street trees, generally located at NW 6th Street and
               Blue Sage Boulevard.
               Administrative Amendment No. 15074, Fallbrook 8th 
               Addition, approved by the Acting Planning Director 
               on November 3, 2015, requested by Clark Enersen
               Partners, to extend the time for two years to install
               street trees, generally located at NW 8th Street and 
               Blue Sage Boulevard.
               Administrative Amendment No. 15075, Fallbrook 12th 
               Addition, approved by the Acting Planning Director 
               on November 3, 2015, requested by Clark Enersen
               Partners, to extend the time for two years to install 
               street trees, generally located at NW 4th Street and 
               Lilac Drive.
               Administrative Amendment No. 15076, Fallbrook 13th
               Addition, approved by the Acting Planning Director 
               on November 3, 2015, requested by Clark Enersen 
               Partners, to extend the time for two years to install
               street trees, generally located at Stonebrook Parkway
               and Blue Sage Boulevard.
               Administrative Amendment No. 15078, Fallbrook 14th
               Addition, approved by the Acting Planning Director 
               on November 3, 2015, requested by Clark Enersen
               Partners, to extend the time for two years to install
               street trees, generally located at Bushclover Road 
               and Snowberry Road.
               Administrative Amendment No. 15079, Fallbrook 16th 
               Addition, approved by the Acting Planning Director 
               on November 3, 2015, requested by Clark Enersen
               Partners, to extend the time for two years to install
               street trees, generally located at NW 7th Street and
               Blue Sage Boulevard.
               Administrative Amendment No. 15080, Fallbrook 17th 
               Addition, approved by the Acting Planning Director
               on November 5, 2015, requested by Clark Enersen
               Partners, to extend the time for two years to install
               sidewalks, private ornamental lights and street trees,
               generally located at NW 7th Street and Fallbrook 
               Boulevard.
               Administrative Amendment No. 15081, Fallbrook 18th
               Addition, approved by the Acting Planning Director 
               on November 5, 2015, requested by Clark Enersen 
               Partners, to extend the time for two years to install
               sidewalks and street trees, generally located at 
               Tallgrass Parkway and Aster Road.  
               Administrative Amendment No. 15072, to Change of Zone 
               No. 05054B, Prairie Village North, approved by the 
               Acting Planning Director on November 5, 2015, requested
               by Greg Sistrunk, to revise notes for lots adjacent to
               Market Drive, to add a site plan, grading plan, landscape
               plan, and elevation for Lot 4, Block 1, generally located 
               at N. 84th Street and Adams Street.

                              
 9)       MISCELLANEOUS REFERRALS

               Setting the hearing date of Monday, December 14, 2015 at 
               3:00 p.m. on the Q Street, Suite 102. (ADOPTED, 6-0; 
               A-89370)

               Setting the hearing date of Monday, December 14, 2015 at 
               3:00 p.m. on the Application of Boiler Brewing Company 
               LLC dba Boiler Brewing Company for a Class C Liquor 
               License at 129 N. 10th Street, Suite 8. (ADOPTED, 6-0;
               A-89371)

               Setting the hearing date of Monday, December 14, 2015 at 
               3:00 p.m. on the Manager Application of James Donaldson 
               for The Flatwater Bistro LLC dba The Flatwater Bistro at 
               802 R St., Suite 100. (ADOPTED, 6-0; A-89372)

               Setting the hearing date of Monday, December 14, 2015 at 
               3:00 p.m. on the Manager Application of Patrick J. Dytrych 
               for STL of Nebraska Inc. dba Target Store T-2303 at 8201 S. 
               40th St., Target Store T-0879 at 5330 S. 56th St., and Target 
               Store T-0217 at 333 N. 48th Street. (ADOPTED, 6-0; A-89373)
		
               Setting the hearing date of Monday, December 14, 2015 at 
               3:00 p.m. on the Manager Application of Kathleen M. Titman 
               for Top Spin LLC dba Tavern on the Square at 816 P Street. 
               (ADOPTED, 6-0; A-89374)

               Setting the hearing date of Monday, December 14, 2015 at 
               3:00 p.m. on the Manager Application of Jason Gehrken for 
               Red Robin International Inc dba Red Robin at 2707 Pine 
               Lake Road. (ADOPTED, 6-0; A-89375)

               Setting the hearing date of Monday, December 14, 2015 at 
               3:00 p.m. on the Manager Application of Randy Wilson Jr 
               for NHC LLC dba Crawfords at 130 N. 10th Street. (ADOPTED, 
               6-0; A-89376)

                     - END CONSENT AGENDA -

PUBLIC HEARING - LIQUOR RESOLUTIONS

10)            Manager Application of Nathan E. Johnson for B&R
               Stores, Inc. dba Russ's Market #2 at 130 North 66th
               Street. (ADOPTED FOR APPROVAL; RAYBOULD ABSTAINIED; 
               5-0; A-89377)

11)            Application of Marci R. Davison dba Carmela's Bistro
               for a Class C liquor license at 4141 Pioneer Woods
               Drive, Suite 110. (ADOPTED FOR APPROVAL, 6-0; A-89378)

12)            Manager Application of Marci R. Davison for Marci
               Davison dba Carmela's Bistro at 4141 Pioneer Woods
               Drive, Suite 110. (ADOPTED FOR APPROVAL, 6-0; A-89379)

13)            Application of Kelli's Pub, LLC dba Kelli's Pub for a
               Class C liquor license at 1318 North 66th Street.
               (ADOPTED FOR APPROVAL, 6-0; A-89380)

14)            Manager Application of Chris J. Kodad for Kelli's Pub,
               LLC dba Kelli's Pub at 1318 North 66th Street.
               (ADOPTED FOR APPROVAL, 6-0; A-89381)

15)            Application of GNS Corporation dba Cappy's for a special
               designated license to cover an outdoor area measuring
               approximately 20 feet by 40 feet and an indoor area 
               measuring approximately 85 feet by 85 feet at Gala 
               Reception Hall at 2602 Park Boulevard on December 5, 
               2015 from noon to 2:00 a.m., December 11, 2015 from 
               2:00 p.m. to 2:00 a.m., January 8, 2016 from noon to 
               2:00 a.m., and January 23, 2016 from noon to 2:00 a.m.
               (ADOPTED FOR APPROVAL, 6-0; A-89382)     

PUBLIC HEARING - RESOLUTIONS

16)  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. (ADOPTED, 6-0; A-89383)


17)  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.
               (ADOPTED, 6-0; A-89384)
               Fact Sheet (2976K)

18)  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.
               (ADOPTED, 6-0; A-89385)
               Fact Sheet (67K)               
               Attachment (892K)

19)  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.
               (ADOPTED, 6-0; A-89386)
               Fact Sheet (77K)
               Attachment (88K)

20)  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. (AMENDED, 6-0; 
               ADOPTED AS AMENDED, 6-0; A-89387)
               Fact Sheet (30K)
               Attachment (72K)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS 
      (ITEMS 21 & 22 HAD 2ND READING)

21)  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) (Public Hearing 
               delayed 2 weeks to 12/7/15, 6-0)
               Fact Sheet (4561K)
               Attachment (83K)

22)  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)  (Public Hearing delayed 2 weeks to 12/7/15, 
               6-0)
               Fact Sheet (4162K)


                     - END PUBLIC HEARING -
                                        

ORDINANCES - 3RD READING & RELATED RESOLUTIONS

23)  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.  (PASSED, 6-0; 
               #20266) 
               Attachment (28K)


RESOLUTIONS - 1ST READING  (ITEMS 24 THROUGH 29 HAD 1ST READING)

24)  15R-235   Reappointing S.A. Mora James, J.D. and Micheal Q. Thompson
               to the Citizen Police Advisory Board for terms expiring 
               November 17, 2018. (Consent)

25)  15R-236   Reappointing Larry Anderson to the Community Forestry 
               Advisory Board for a term expiring August 17, 2018.
               (Consent)

26)  15R-237   Reappointing Mike Lang to the District Energy Corp. for
               a term expiring December 31, 2017. (Consent)

27)  15R-238   Approving a Preliminary Engineering Services Agreement
               Supplement No. 2 between the City of Lincoln and Alfred
               Benesch & Company for Consultant compensation for additional
               work necessary to complete the Safety Project at South
               Coddington Avenue and West Van Dorn Street (Project No.
               HSIP-5205(1), CN 13147).
               Fact Sheet (90K)
               Attachment (342K)

28)  15R-239   Approving a Preliminary Engineering Services Agreement
               Supplement No. 3 between the City of Lincoln and Alfred
               Benesch & Company for Consultant compensation for additional
               work necessary to complete the Safety Project at South 
               Coddington Avenue and West Van Dorn Street (Project No. 
               HSIP-5205(1), CN 13147).
               Fact Sheet (80K)
               Attachment (218K)

29)  15R-240   Approving the Second Amendment to the Interlocal Agreement
               between the City of Lincoln and County of Lancaster to
               adopt new Keno Human Services Prevention Fund Guidelines
               to replace the previously adopted Guidelines by the First
               Amendment to the Interlocal Agreement approved by Resolution 
               No. A-87598 on October 7, 2013.
               Fact Sheet (46K)
               Attachment (167K)


ORDINANCES - 1ST READING & RELATED RESOLUTIONS  (ITEMS 30 THROUGH 33 HAD 	
     1ST READING)


30)  15-138    Approving a cable television franchise agreement for a 15 year
               term between the City of Lincoln and Allo Communications, LLC
               to provide cable television services and products to the 
               citizens of Lincoln.(Related Items: 15-138, 15-139, 15-140,
               15-141)
               Fact Sheet (10K)
               Attachment (327K)

31)  15-139    Approving a broadband franchise agreement for a 25 year term 
               between the City of Lincoln and Allo Communications, LLC to
               provide broadband services and products to the citizens of 
               Lincoln. (Related Items: 15-138, 15-139, 15-140, 15-141)
               Fact Sheet (10K)
               Attachment (417K)

32)  15-140    Approving a Conduit Lease Agreement for a twenty five year term 
               between the City of Lincoln and Allo Communications, LLC to 
               occupy space in the City's Lincoln Technology Improvement District
               conduit system.(Related Items: 15-138, 15-139, 15-140, 15-141)
               Fact Sheet (10K)
               Attachment (3383K)

33)  15-141    Amending Title 5 of the Lincoln Municipal Code relating to Licenses
               and Regulations to create a new Chapter 5.12 entitled "Residential 
               Broadband" to coordinate the regulations with the newly negotiated
               broadband franchise. (Related Items: 15-138, 15-139, 15-140, 15-141)
               Fact Sheet (10K)


PENDING LIST - DATE CERTAIN 

34)  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)

     
35)  15R-225   Adopting the Lincoln Electric System Rate Schedules to become
               effectiveJanuary 1, 2016. (Action Date: 12/7/15)
               Fact Sheet (91K)
               Attachment (4189K)

36)  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. (11/16/15 -Delay Action W/ Public 
               Hearing 3 weeks to 12/07/15)
               Fact Sheet (24K)

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  6:47 P.M.


UPCOMING HEARINGS -  NONE

     
                                  ***
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
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                                  ***
    The City Council Agenda and Action Sheet may be accessed on the
Internet at: lincoln.ne.gov

                                  ***
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