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Formal Agenda


     ACTION FROM  THE  REGULAR  CITY  COUNCIL  MEETING  HELD
              MONDAY, DECEMBER 14, 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

    MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF NOVEMBER, 2015 WAS 
PRESENTED TO TIMOTHY MIKA POLICE OFFICER FROM THE ADMINISTRATIVE SUPPORT 
DIVISION OF THE LINCOLN POLICE 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-241   Appointing Don Herz to the Community Health Endowment
               Board of Trustees for a term expiring September 1, 2018. 
               (ADOPTED, 7-0; A-89403)

 2)  15R-242   Reappointing Martha Shulski to the Air Pollution Control
               Advisory Board for a term expiring September 1, 2018.
               (ADOPTED, 7-0; A-89404)

 3)  15R-243   Appointing Piyush Srivastav to the Air Pollution Control
               Advisory Board for a term expiring September 1, 2018. 
               (ADOPTED, 7-0; A-89405)
               Attachment (38K)

 4)            Resolution approving the City of Lincoln's Investment
               Activity Report from the City Treasurer for the Fourth
               Quarter, Fiscal Year, 2014-2015. (ADOPTED, 7-0; A-89406)  

 5)            Approving the distribution of funds representing interest
               earnings on short-term investments of Idle Funds during the
               month ended October 31, 2015.  (ADOPTED, 7-0; A-89407)


PETITIONS & COMMUNICATIONS

 6)            Setting hearing date of Monday, December 21, 2015 at 5:30 p.m.
               on the Manager Application of Douglas W. Larkins for Whitehead
               Oil Company dba U-Stop #11 at 2925 NW 12th Street. (ADOPTED, 
               7-0; A-89408)

 7)            REFERRED TO THE PLANNING DEPARTMENT:
               Change of Zone No. 15038, requested by IBEW Local Union #265,
               from H-3 Highway Commercial District to O-3 Office Park District,
               on property generally located at 6200 South 14th Street.
               Pre-existing Use Permit No. 3AF, requested by REGA Engineering,
               to amend the Use Permit at Gateway Mall Shopping Center to 
               authorize construction of a 70,000 square foot addition to the
               existing mall and to allow waivers to the Zoning Ordinance for
               height and lot requirements, a reduction in the parking ratio,
               height and size of a free-standing sign and to allow banner 
               signs on existing light poles in the parking lot, on property
               generally located at 6100 O Street.
               Use Permit No. 15015, requested by IBEW Local Union #265, for 
               construction of a new building consisting of a meeting hall and
               office space, with a waiver request of the required rear and side 
               yard setbacks,on property generally located at 6200 South 14th 
               Street.

 8)       MISCELLANEOUS REFERRALS - NONE

                     - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

 9)            Application of B&R Stores, Inc. dba Russ's Market 2 to
               expand its Class C liquor license by the addition of a
               new licensed area described as a one story irregular 
               shaped building approximately 273 feet by 345 feet 
               including mezzanine area located at 103 North 66th
               Street. (ADOPTED FOR APPROVAL; RAYBOULD ABSTAINED; 
               6-0; A-89409)  

10)            Application of Two Loon Ventures, LLC dba Thirsty Sports
               Bar for a Class C liquor license at 317 South 11th Street,
               Suite C. (ADOPTED FOR APPROVAL; 7-0; A-89410)  

11)            Manager Application of Jason E. Von Kaenel for Two Loon
               Ventures, LLC dba Thirsty Sports Bar at 317 South 11th 
               Street, Suite C. (ADOPTED FOR APPROVAL; 7-0; A-89411)

12)            Application of Boiler Brewing Company, LLC dba Boiler 
               Brewing Company for a Class C liquor license at 129
               North 10th Street, Suite 8. (ADOPTED FOR APPROVAL; 7-0; 
               A-89412)	

13)            Manager Application of Thad M. Aerts for Boiler Brewing
               Company, LLC dba Boiler Brewing Company at 129 North 10th
               Street, Suite 8. (ADOPTED FOR APPROVAL; 7-0; A-89413)

14)            Application of Nebraska Entertainment, Inc. dba South Pointe
               Cinema for a Class I liquor license at 2920 Pine Lake Road. 
               (ADOPTED FOR APPROVAL; 7-0; A-89414)

15)            Manager Application of Lisa M. Fryda for Nebraska Entertainment,
               Inc. dba South Pointe Cinema at 2920 Pine Lake Road. (ADOPTED FOR 
               APPROVAL; 7-0; A-89415)

16)            Manager Application of Sandra K. McCorkindale for D&S Operations,
               LLC dba Cigarz Lounge at 800 Q Street, Suite 102. (ADOPTED FOR 
               APPROVAL; 7-0; A-89416)

17)            Manager Application of Jason J. Gehrken for Red Robin International,
               Inc. dba Red Robin America's Gourmet Burgers at 2707 Pine Lake Road. 
               (ADOPTED FOR APPROVAL; 7-0; A-89417)

18)            Manager Application of Randy A. Wilson Jr. for NHC, LLC dba 
               Crawford's at 101 North 14th Street, Suite 1. (ADOPTED FOR 
               APPROVAL; 7-0; A-89418)

19)            Manager Application of James Donaldson for The Flatwater
               Bistro, LLC dba The Flatwater Bistro at 801 R Street, Suite 100. 
               (ADOPTED FOR APPROVAL; 7-0; A-89419)

20)            Manager Application of Steven C. Roker for Walgreen Company dba
               Walgreens 515 at 2600 South 48th Street, Walgreens 541 at 1301
               O Street, Walgreens 1162 at 8300 Northern Lights Drive, 
               Walgreens 2845 at 5701 Village Drive, Walgreens 3182 at 7045 O Street,
               Walgreens 4088 at 2502 North 48th Street, Walgreens 5874 at 
               2630 Pine Lake Road, Walgreens 6884 at 4000 South 70th Street,
               and Walgreens 11089 at 5500 Red Rock Lane. (ADOPTED 
               FOR APPROVAL; 7-0; A-89420)

21)            Manager Application of Patrick J. Dytrych for STL of 
               Nebraska, Inc. dba Target Store T-0217 at 333 North 48th 
               Street, Target Store T-0879 at 5330 South 56th Street, 
               and Target Store T-2303 at 8201 South 40th Street. 
               (ADOPTED FOR APPROVAL; 7-0; A-89421)


PUBLIC HEARING - RESOLUTIONS  (SEE ITEM 47, RESOLUTION A-89422)

22)  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.(ADOPTED FOR APPROVAL, 
               7-0; A-89423)
               Fact Sheet (30K)
               Attachment (70K)

23)  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. (ADOPTED 
               FOR APPROVAL, 7-0; A-89424)
               Fact Sheet (51K)
               Attachment (119K)

24)  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. (ADOPTED FOR APPROVAL, 
               7-0; A-89425)
               Fact Sheet (13962K)

25)  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. 
               (ACTION DELAYED W/ CONTINUED PUBLIC HEARING 
               TO 2/08/15 16, 7-0)
               Fact Sheet (64K)
               Attachment (20M)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
    (ITEMS 26 THROUGH 34 HAD 2ND READING)


26)   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)

27)  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)

28)  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)

29)  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)

30)  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)

31)  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)

32)  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)

33)  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)
  

PUBLIC HEARING ORDINANCE - 3RD READING

34)  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 - Action Delayed w/ 
               continued Public Hearing 1 week to 12/14/15, 7-0)  (12/07/15 - 
               ACTION DELAYED W/ CONTINUED PUBLIC HEARING TO 1/11/15 16, 7-0)
               Fact Sheet (24K)

                     - END PUBLIC HEARING -
                                        

ORDINANCES - 3RD READING & RELATED RESOLUTIONS

35)  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) (Request for Action to be delayed
               to 1/11/16) (Request for Action to be delayed to 1/11/16) 
               (12/07/15 - ACTION DELAYED TO 1/11/15 16, 7-0)
               Fact Sheet (4561K)
               Attachment (83K)

36)  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) (Request for Action
               to be delayed to 1/11/16) (Request for Action to be delayed to 
               1/11/16) (12/07/15 - ACTION DELAYED TO 1/11/15 16, 7-0)
               Fact Sheet (4162K)

37)  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) 
              (MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0; 20268)
               Fact Sheet (10K)
               Attachment (327K)
               Attachment (Substitute)
               Motion To Amend (6K)

38)  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) (MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 
               7-0; 20269)
               Fact Sheet (10K)
               Attachment (417K)
               Attachment (Substitute)
               Motion To Amend (6K)

39)  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) (MTA #1 ADOPTED, 7-0; ADOPTED AS 
               AMENDED, 7-0; 20270)
               Fact Sheet (10K)
               Attachment (3383K)
               Attachment (Substitute)
               Motion To Amend (6K)

40)  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)
               (MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0; 20267) 
               Fact Sheet (10K)


RESOLUTIONS - 1ST READING  (ITEMS 41 THROUGH 47 HAD 1ST READING)

41)  15R-248   Approving a Contract between the City of Lincoln and Beehive Industries, 
               LLC for Enterprise Wide Asset Management Solution, pursuant to Bid
               No. 15-189, for a four term with the option to renew for two additional
               four year terms. (Related Items 15-155, 15R-248)
               Fact Sheet (46K)
               Attachment (11348K)

42)  15R-249   Identifying and declaring an area within Downtown Lincoln as the
               Downtown Lincoln Business Area and appointing the members of the 
               Downtown Lincoln Business Improvement Board.
               Fact Sheet (185K)
               Attachment (274K)

     
43)  15R-250   Approving an amendment to the Victory Park - VA Campus Redevelopment 
               Agreement to extend three contingency deadlines from January 1, 2016 
               to August 31, 2016.
               Fact Sheet (28K)               
               Attachment (28K)

44)  15R-254   Identifying and declaring the area generally located north and south 
               of "O" Street from 3rd and "O" Street on the east and the on and off 
               ramps onto Homestead Expressway on the west as the West "O" Street
               Business Area and approving the appointment of Mike Deibert, Randy 
               Haas, Vi See, Rachelle Soulliere, and Patti Yaussi as the members of
               the Business Improvement Board.
               Fact Sheet (301K)
               Attachment (270K)

45)  15R-251   Waiver 15018 - Appeal of Dennis Slama from the Planning Commission 
               denial of his request to waive the requirement of § 26.23.095 of 
               the Land Subdivision Ordinance to install a sidewalk adjacent to a
               residential lot on Lot 1, Block 1, Wilderness Estates 3rd Addition,
               Final Plat #15087, generally located at 731 Glenridge Road.
               Fact Sheet (4208K)

46)  15R-252   Comp. Plan Amendment 15003 - Application of the Planning Director to
               amend the 2040 Lincoln-Lancaster County Comprehensive Plan to adopt the
               "South Haymarket Neighborhood Plan" as an amendment to the 2005 Downtown
               Master Plan a subarea plan of the 2040 Lincoln-Lancaster County 
               Comprehensive Plan.
               Fact Sheet (6601K)
               Attachment (635K)

47)  15R-255   Assessing the costs incurred for cutting, clearing and removing weeds
               against the various benefitted properties for the period of January 1,
               2015 through December 31, 2015. (Request to waive the rules to have
               Public Hearing & Action on this date) (RULES WAIVED TO HAVE PUBLIC 
               HEARING & ACTION ON THIS DATE, 7-0; ADOPTED, 7-0; A-89422)
               Attachment (3235K)

ORDINANCES - 1ST READING & RELATED RESOLUTIONS  (ITEMS 48 THROUGH 52 HAD 1ST READING)


48)  15-151    Annexation 14004 - Amending Ordinance No. 20125 to correctly assign the
               land annexed to City Council District #2.
               Fact Sheet (49K)

49)  15-154    Change of Zone 15034 - Application of Edward Sharon, to designate the 
               Rees House as a Landmark, changing the zoning district from R-6 
               Residential District to R-6 Residential District with Landmark Overlay,
               on property generally located at 4701 Bancroft Street.
               Fact Sheet (11642K)
               Attachment (226K)

50)  15-155    Approving the transfer of funds from approved appropriations into a new 
               project for a comprehensive PWU asset management program. (Related 
               Items 15-155, 15R-248)
               Fact Sheet (65K)

51)  15-152    Annexation 15013 - Amending the Lincoln Corporate Limits Map by annexing
               approximately 72.5 acres of property generally located southwest of the
               intersection of South 84th Street and Yankee Hill Road. (Related Items:
               15-152, 15-153)
               Fact Sheet (4661K)
               Attachment (173K)

52)  15-153    Change of Zone 05068E - Application of R.C. Krueger Development, to amend
               The Woodlands at Yankee Hill Planned Unit Development for a change of zone
               from AG Agricultural District to R-3 Residential District over approximately
               2.65 acres of land; for a Planned Unit Development District designation of 
               said property; and for 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, on property generally located between 70th Street and 84th Street, south
               of Yankee Hill Road.(Related Items: 15-152, 15-153)
               Fact Sheet (4521K)
               Attachment (41K)


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  6:58 P.M.


UPCOMING HEARINGS

     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.

     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 N. 12th St., Suite 1.

                                  ***
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.
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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.

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