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Formal Agenda


    ACTION FROM THE  REGULAR  CITY  COUNCIL  MEETING  HELD
               MONDAY, DECEMBER 7, 2015 AT 3:00 P.M.

 DUE TO THE CHRISTMAS AND NEW YEAR HOLIDAYS, THE CITY COUNCIL WILL NOT
      MEET ON MONDAY, DECEMBER 28, 2015 OR ON MONDAY, JANUARY 4, 2016

                       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-235   Reappointing S.A. Mora James, J.D. and Micheal Q. Thompson 
               to the Citizen Police Advisory Board for terms expiring 
               November 17, 2018. (ADOPTED, 7-0; A-89388)

 2)  15R-236   Reappointing Larry Anderson to the Community Forestry
               Advisory Board for a term expiring August 17, 2018. 
               (ADOPTED, 7-0; A-89389)


 3)  15R-237   Reappointing Mike Lang to the District Energy Corp. for
               a term expiring December 31, 2017. (ADOPTED, 7-0; A-89390)

 4)            Clerk's Letter and Mayor's Approval of Resolutions and
               Ordinances passed by City Council on November 16, 2015. 
               (PLACED ON FILE)

 5)            Lincoln Electric System (LES) Financial and Operating
               Statement for October, 2015.  (PLACED ON FILE)

 6)            Report from City Treasurer of City Cash on hand at the
               close of business October 31, 2015. (PLACED ON FILE)

PETITIONS & COMMUNICATIONS

 7)            Setting the hearing date of Monday, December 14, 2015
               at 3:00 p.m. on the Manager Application of Steven C.
               Roker for Walgreen Co. dba Walgreens #00541 at 1301 O
               St., Walgreens #00515 at 2600 S. 48th St., Suite 7, 
               Walgreens #01162 at 8300 Northern Lights Dr., Walgreens 
               #02845 at 5701 Village Blvd., Walgreens #03182 at 7045 
               O St., Walgreens #04088 at 2502 N. 48th St., Walgreens 
               #05874 at 2630 Pine Lake Rd., Walgreens #06884 at 4000 
               S. 70th St., and Walgreens #11089 at 5500 Red Rock Lane.
               (ADOPTED, 7-0; A-89391)

 8)            Setting the hearing date of Monday, December 14, 2015
               at 3:00 p.m. on the Application of Two Loon Ventures
               LLC dba Thirsty Sports Bar for a Class C Liquor License
               at 317 S. 11th Street. (ADOPTED, 7-0; A-89392)

 9)            Setting the hearing date of Monday, December 21, 2015
               at 3:00 p.m. on the Application of DH Enterprises LLC
               dba The Donut Hole for Class I & Class E Liquor Licenses 
               at 350 Canopy St., Unit 103. (ADOPTED, 7-0; A-89393)

10)            Setting the hearing date of Monday, December 21, 2015 at 
               5:30 p.m. on the Application of Chefauchef LLC dba Talon 
               Room by Chefauchef for a Class C Liquor License at 228  
               230 N. 12th St., Suite 1. (ADOPTED, 7-0; A-89394)

11)            REFERRED TO THE PLANNING DEPARTMENT:
               Change of Zone No. 05068E, requested by REGA Engineering 
               on behalf of Calruby, LLC, The Woodlands at Yankee Hill 
               Planned Unit Development, for a change of zone from AG 
               Agriculture District to R-3 Residential PUD, on property 
               generally located between 70th Street and 84th Street, 
               south of Yankee Hill Road; for a Planned Unit Development 
               designation of said property, and for approval of a 
               development plan which proposes modifications to the 
               Zoning Ordinance and Design Standards to allow for the 
               development of up to 1,185 total dwelling units and up 
               to 744,000 square feet of commercial floor area.
               Change of Zone No. 15034, requested by Eugena M. Foster, 
               to designate the Rees House as a Landmark, on property 
               generally located at 4701 Bancroft Street.
               Special Permit No. 04016A, requested by Dave Paladino, 
               Landmark Group/Dino's Storage, to construct a multi-
               story, climate-controlled, indoor self-storage building, 
               and increase the allowable floor area to 236,200 square 
               feet, on property generally located at Northwoods Drive 
               and Colby Street.  The Planning Commission action is final, 
               unless appealed to the City Council.
               Special Permit No. 15066, requested by Nebraska
               Shooters, LLC, to allow a private school for personal
               protection, firearm, and live fire training, with some
               retail sales, on property generally located at 3200
               Gage Road.  The Planning Commission action is final,
               unless appealed to the County Board
               Special Permit No. 15070, requested by Eugena M. Foster, 
               to allow a private residence, if designated as a Landmark, 
               to serve as a holistic healthcare center, on property 
               generally located at 4701 Bancroft Street. The Planning 
               Commission action is final, unless appealed to the City 
               Council.

12)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 15109, Wilderness Heights 
               PUD, approved by the Acting Planning Director on November 
               23, 2015, requested by Olsson Associates, for a change of 
               use from Automotive Sales and Service to Commercial on Lots 
               1-4, Block 1, and to revise the lot layout, generally 
               located at S. 40th Street and Yankee Hill Road.
               Administrative Amendment No. 15123, The Preserve on Antelope 
               Creek CUP, approved by the Acting Planning Director on November 
               23, 2015, requested by Civil Design Group, to adjust the rear 
               setback from 20 feet to 5 feet for a pool for Lot 6, Block 4, 
               (4609 Hawthorne Drive), generally located at Lucile Drive and 
               Pioneers Boulevard.

13)       MISCELLANEOUS REFERRALS - NONE

                     - END CONSENT AGENDA -

PUBLIC HEARING - LIQUOR RESOLUTIONS

14)            Manager Application of Tyler D. Popp for B&R Stores, Inc. dba 
               Super Saver #11 at 5460 South 56th Street. (ADOPTED FOR APPROVAL; 
               RAYBOULD ABSTAINED; 6-0; A-89395)

15)            Manager Application of Karen A. Bruyette for Whitehead Oil 
               Company dba U-Stop #5 at 8231 O Street.  (ADOPTED FOR 
               APPROVAL; RAYBOULD ABSTAINED; 6-0; A-89396)


16)            Manager Application of Douglas W. Larkins for Whitemark Energy, 
               LLC dba U-Stop #26 at 8350 Northwoods Drive.  (ADOPTED FOR 
               APPROVAL; RAYBOULD ABSTAINED; 6-0; A-89397)



PUBLIC HEARING - RESOLUTIONS

17)  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). (Related Items: 15R-238, 15R-239) 
               (ADOPTED, 7-0; A-89398)
               Fact Sheet (90K)
               Attachment (342K)

18)  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). (Related Items: 15R-238, 15R-239)
               (ADOPTED, 7-0; A-89399)
               Fact Sheet (80K)
               Attachment (218K)

19)  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. (ADOPTED, 7-0; A-89400)
               Fact Sheet (46K)
               Attachment (167K)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
      (ITEMS 20 THROUGH 25 HAD 2ND READING)

20) 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) (11/23/15 - Public Hearing 
               delayed to 12/7/15)
               Fact Sheet (4561K)
               Attachment (83K)

21) 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) (11/23/15 - 
               Public Hearing delayed to 12/7/15)
               Fact Sheet (4162K)

22)  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)

23)  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)

24)  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)

25)  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)

PUBLIC HEARING

ORDINANCE - 3RD READING

26)  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) (12/7/15 -DELAYED ACTION W/ CONTINUED PUBLIC 
               HEARING 1 WEEK TO 12/14/15, 7-0)
               Fact Sheet (24K)
               Motion To Amend (26K)

                     - END PUBLIC HEARING -
                                        

ORDINANCES - 3RD READING & RELATED RESOLUTIONS - NONE


RESOLUTIONS - FOR ACTION ONLY

27)  15R-224   Adopting the Lincoln Electric System Annual Budget for
               2016 to become effective January 1, 2016. (Action Date: 
               12/7/15)  (ADOPTED, 7-0; A-89401)
               Fact Sheet (30K)

28)  15R-225   Adopting the Lincoln Electric System Rate Schedules to
               become effective January 1, 2016. (Action Date: 12/7/15)  
               (ADOPTED, 7-0; A-89402)
               Fact Sheet (91K)
               Attachment (4189K)

RESOLUTIONS - 1ST READING  (ITEMS 29 THROUGH 35 HAD 1ST READING.)

29)  15R-241   Appointing Don Herz to the Community Health Endowment
               Board of Trustees for a term expiring September 1, 2018. 
               (Consent)

30)  15R-242   Reappointing Martha Shulski to the Air Pollution Control 
               Advisory Board for a term expiring September 1, 2018. 
               (Consent)

31)  15R-243   Appointing Piyush Srivastav to the Air Pollution Control 
               Advisory Board for a term expiring September 1, 2018. 
               (Consent)
               Attachment (38K)

              
32)  15R-244   Accepting the report of new and pending claims against
               the City and approving disposition of claims set forth
               for the period of November 1-30, 2015.
               Fact Sheet (30K)
               Attachment (70K)

33)  15R-245   Appeal by Carl Eskridge of the StarTran Advisory Board
               action approving the Transit Development Plan (TDP) and
               the near-term route changes that are part of the TDP.
               Fact Sheet (64K)
               Attachment (20M)
                             

34)  15R-246   Approving a Cooperative Agreement between the Nebraska
               Department of Environmental Quality (NDEQ) and the City
               of Lincoln regarding State of Nebraska grant funding
               from the Stormwater Management Plan Program.
               Fact Sheet (51K)
               Attachment (119K)
                           

35)  15R-247   Text Amendment 15023 - Amending Sections 1 through 10
               of Chapter 2.05 entitled "Stormwater Drainage Design
               Standards" to add definitions, to provide information
               regarding the Drainage Criteria Manual, to update the
               design standards to clarify references to other documents; 
               and update the design standards to match provisions in 
               Chapter 28.03 of the Lincoln Municipal Code entitled 
               "Regulations for Post Construction Storm Water Management" 
               and Chapter 8 to the City of Lincoln's Drainage Criteria 
               Manual.
               Fact Sheet (13962K)
               

ORDINANCES - 1ST READING & RELATED RESOLUTIONS  (ITEMS 36 THROUGH 43 HAD 	
     1ST READING)

36)  15-142    Comp. Plan Conformance 15031 - Declaring four vacant
               parcels of land generally located at North 14th and 
               New Hampshire, 2100 Y Street, and city-owned lots on 
               the 400 block of South 40th Street and the 400 block 
               of South 55th Street as surplus property.
               Fact Sheet (2648K)

37)  15-143    Annexation 15010 - Amending the Lincoln Corporate
               Limits Map by annexing approximately 28 acres of
               property generally located at South 98th Street and 
               Andermatt Drive. (Related Items: 15-143, 15-144)
               Fact Sheet (2504K)
               Attachment (38K)

38)  15-144    Change of Zone 15029 - Application of Andermatt, LLC
               for a change of zone from AG Agricultural District and
               B-2 Planned Neighborhood Business District to R-3
               Residential District on property generally located at
               South 98th Street and Andermatt Drive. (Related Items: 
               15-143, 15-144)
               Fact Sheet (2779K)

39)  15-145    Annexation 15012 - Amending the Lincoln Corporate Limits 
               Map by annexing approximately 5 acres of property generally 
               located at South 88th Street and Pioneers Boulevard. 
               (Related Items: 15-145, 15-146)
               Fact Sheet (3190K)
               Attachment (67K)

40)  15-146    Change of Zone 15032 - Application of HiMark Properties, 
               LLC for a change of zone from AG Agricultural District 
               to R-3 Residential District on property generally located 
               at South 88th Street and Pioneers Boulevard. (Related 
               Items: 15-145, 15-146)
               Fact Sheet (3151K)

41)  15-147    Text Amendment 15022 - Amending Section 27.62.100 of
               the Lincoln Municipal Code relating to the 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.
               Fact Sheet (3252K)

42)  15-149    Change of Zone 15033 - Application of John D. and Janice 
               K. VerMaas for a change of zone from AG Agricultural 
               District to R-3 Residential District on property 
               generally located at South 27th Street and Rokeby Road.
               Fact Sheet (2687K)

43)  15-150    Approving a Lease Agreement between the City of Lincoln, 
               Parks and Recreation Department and U.S. Department of 
               the Army for the lease of 333.75 acres of public park 
               property at Holmes Lake Dam Site No. 17 for a 25 year term.
               Fact Sheet (44K)
               Attachment (854K)


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 
     DECEMBER, OPEN MICROPHONE SESSIONS WILL BE HELD ON DECEMBER 14TH 
     & 21ST.


ADJOURNMENT  4:52 P.M.


UPCOMING HEARINGS

     Hearing date of Monday, December 14, 2015 at 3:00 p.m. on the following:

     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.

     Application of Nebraska Entertainment Inc. dba Southpointe Cinemas for 
     a Class I Liquor License located at 2920 Pine Lake Road.

     Manager Application of Sandra McCorkindale for D & S Operations LLC dba 
     Cigarz Lounge at 800 Q Street, Suite 102.

     Application of Boiler Brewing Company LLC dba Boiler Brewing Company 
     for a Class C Liquor License at 129 N. 10th Street, Suite 8.

     Manager Application of James Donaldson for The Flatwater Bistro LLC dba 
     The Flatwater Bistro at 802 R St., Suite 100. 

     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.

     Manager Application of Kathleen M. Titman for Top Spin LLC dba Tavern 
     on the Square at 816 P Street.

     Manager Application of Jason Gehrken for Red Robin International Inc 
     dba Red Robin at 2707 Pine Lake Road.

     Manager Application of Randy Wilson Jr for NHC LLC dba Crawfords at 
     130 N. 10th Street.
     
                                  ***
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.  
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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
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access to and participating in public meetings is a priority for the City of
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contact the Director of Equity and Diversity, Lincoln Commission on Human Rights, at
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