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Formal Agenda


          ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, FEBRUARY 8, 2016 AT 3:00 P.M.

    DUE TO THE OBSERVANCE OF PRESIDENT'S DAY, THE CITY COUNCIL WILL
                NOT MEET ON MONDAY, FEBRUARY 15, 2016
 
                    ALL MEMBERS PRESENT

MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF DECEMBER, 2015 WAS PRESENTED 
TO A TEAM OF OFFICERS, TIMOTHY CARMICHAEL, DONALD FOSLER, KRISSA KNOPIK, 
CYNTHIA KNOPIK, CYNTHIA KOENIG-WARNKE, TIMOTHY MIKA, AND DAVID WIGGINS FROM 
THE TECHNICAL INVESTIGATION UNIT FOR THE OPERATIONS DIVISION OF THE POLICE 
DEPARTMENT IN THE CATEGORY OF PRODUCTIVITY.  

                PURPLE  HEART  CITY  PROCLAMATION 
CITY OF LINCOLN WAS DESIGNATED AS A PURPLE HEART CITY BY CHAPTER 200 OF 
            THE MILITARY ORDER OF THE PURPLE HEART.

                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)  16R-18    Reappointing Emily Casper and Michele Tilley to the
               Urban Design Committee for terms expiring February 1,
               2019. (ADOPTED, 7-0; A-89483)

 2)  16R-19    Reappointing Jerry L. Hudgins and Vicki Huff to the
               Lincoln Electric System Administrative Board for terms
               expiring December 31, 2018. (ADOPTED, 7-0; A-89484)

 3)  16R-20    Appointing Doug Kreifels to the Board of Mechanical
               Examiners for a term expiring April 4, 2017. 
               (ADOPTED, 7-0; A-89485)
               Attachment (36K)

 4)  16R-21    Appointing Melissa Wilkerson to the Veterans Memorial
               Garden Advisory Council for a term expiring November 1,
               2017. (ADOPTED, 7-0; A-89486)
               Attachment (30K)

 5)  16R-22    Approving a multi-year contract between Union College
               and the City of Lincoln on behalf of the Lincoln-
               Lancaster County Health Department to allow nursing 
               students to utilize service programs at the Lincoln-
               Lancaster Health Department to fulfill requirements 
               of their community health nursing course for their 
               bachelor's degrees in nursing. (ADOPTED, 7-0; A-89487)
               Fact Sheet (67K)
               Attachment (267K)

 6)            Clerk's Letter and Mayor's approval of Resolution and
               Ordinances passed by City Council on January 11, 2016. 
               (PLACED ON FILE)

 7)            Report from City Treasurer of City Cash on Hand at the
               Close of Business November 30, 2015. (PLACED ON FILE)

PETITIONS & COMMUNICATIONS

 8)            Setting the hearing date of Monday, February 22, 2016
               at 3 p.m. on the Application of Fucor Inc dba Venue
               Restaurant & Lounge for a Class C Liquor License at 129
               North 10th Street, Suite 115. (ADOPTED , 7-0; A-89488)

 9)            Setting the hearing date of Monday, February 22, 2016
               at 3 p.m. on the Manager Application of Jason L Johnson 
               JJ's Lounge LLC dba The Lounge at 2001 West O Street.
               (ADOPTED , 7-0; A-89489)

10)            Setting the hearing date of Monday, February 29, 2016
               at 5:30 p.m. on the Application of Appian Way Lodging
               LLC dba Fairfield Inn and Suites for a Class I Liquor
               License at 8455 Andermatt Drive. (ADOPTED , 7-0; A-89490)


11)            THE FOLLOWING WERE REFERRED TO PLANNING:
               Change of Zone No. 15036, requested by REGA Engineering, 
               requesting a change of zone from AGR Agricultural 
               Residential District and AG Agriculture District to R-4 
               Residential District, on property generally located at 
               SW 30th Street and West A Street.
               Special Permit No. 15072, requested by REGA Engineering, 
               for a Community Unit Plan consisting of 3 lots with up 
               to 582 multi-family units, with waivers to increase the 
               building height from 35 feet to 40 feet and reduce the 
               front yard setbacks adjacent to private roadways from 25 
               feet to 15 feet, on property generally located at SW 
               30th Street and West A Street.
               Text Amendment No. 16001, requested by Lincoln Airport 
               Authority, amending Chapter 27.59 of the Lincoln Municipal 
               Code relating to Airport Zoning Regulations to extend the 
               approach zone from 3 miles to a new limit of 10 miles, 
               establish the area included within the airport hazard area, 
               revise existing definitions and add new definitions, and 
               other changes to be in accordance with the passage of 
               Nebraska Legislative Bill (LB) 140, and repealing Sections
               27.59.010 through 27.59.040, 27.59.060 through 27.59.090, 
               27.59.110, 27.59.120, 27.59.140 and 27.59.150 of the 
               Lincoln Municipal Code as hitherto existing.
               Text Amendment No. 16002, requested by Lincoln Airport 
               Authority, amending Article 18 of the Lancaster County 
               Zoning Regulations relating to Special Height and Use 
               Near Airports to extend the approach zone from 3 miles 
               to a new limit of 10 miles, establish the area included 
               within the airport hazard area, revise existing definitions 
               and add new definitions, and other changes to be in 
               accordance with the passage of Nebraska Legislative Bill 
               (LB) 140, and repealing and adding various sections within 
               Article 18 of the Lancaster County Zoning Regulations as 
               hitherto existing.

12)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 16002 to Special Permit No. 
               872H, Firethorn Community Unit Plan, approved by the 
               Planning Director on January 27, 2016, requested by Olsson 
               Associates, to adjust the rear setback for Lots 54-65 from 
               20' to 10' and to and to add a note regarding the setback 
               to accessory buildings on outlots, generally located at 
               South 84th Street and Van Dorn Street.

13)       MISCELLANEOUS REFERRALS

                     - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

14)            Application of HopCat-Lincoln, LLC dba HopCat for a
               Class C liquor license at 601 P Street. (ADOPTED FOR 
               APPROVAL, 7-0; A-89491)

15)            Manager Application of Garrett Lomeli for HopCat-
               Lincoln, LLC dba HopCat at 601 P Street. (ADOPTED FOR 
               APPROVAL, 7-0; A-89492)

16)            Manager Application of Miranda R. Lies for Kinseth
               Hotel Corporation dba Hampton Inn at 7343 Husker
               Circle. (ADOPTED FOR APPROVAL, 7-0; A-89493)

17)            Manager Application of Michelle Cobb for Kinseth Hotel
               Corporation dba Residence Inn at 5865 Boboli Lane. 
               (ADOPTED FOR APPROVAL, 7-0; A-89494)

18)            Manager Application of Kenneth C. Iverson for Richmond
               Rollins, LLC dba Barry's Bar at 235 North 9th Street. 
               (ADOPTED FOR APPROVAL, 7-0; A-89495)

19)            Manager Application of Fredric F. Frost for Sam's West,
               Inc. dba Sam's Club #4873 at 8480 Andermatt Drive. 
               (ADOPTED FOR APPROVAL, 7-0; A-89496)


PUBLIC HEARING - RESOLUTIONS

20)  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.
               (12/14/15 - Public Hearing & Action continued to 2/8/16) 
               (ACTION DELAYED FOR 4 WEEKS TO 03/07/16, 7-0)
               Fact Sheet (64K)
               Attachment (20M)

21)  16R-26    Directing submittal to the electors of the City a proposed 
               Charter Amendment amending Article VII, Section 2 of the 
               Charter relating to contracts for professional services to 
               provide that the City Council may, by ordinance, establish 
               procedures and criteria to be followed by the mayor, 
               department heads, and the purchasing division in selecting 
               firms or other entities to provide professional services 
               and in making and approving awards and contracts therefor. 
               (MOTION TO ACCEPT SUB RESO. ADOPTED, 6-1; RAYBOULD DISSENTING; 
               MTA#2 MTA#1 ADOPTED, 5-2; ESKRIDGE, RAYBOULD DISSENTING; MOTION TO 
               REFER LOST, 3-4; CAMP, CHRISTENSEN, FELLERS, LAMM DISSENTING; 
               ADOPTED AS AMENDED 4-3; ESKRIDGE, GAYLOR BAIRD, RAYBOULD 
               DISSENTING, 4-3; A-89497)
               Fact Sheet (53K)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
     (ITEMS 22 THROUGH 26 HAD 2ND READING)

22)  16R-24    Establishing an Enhanced Employment Area necessary to
               impose an occupation tax as part of a Development Project 
               at SouthPointe Pavilions. (Related Items: 16R-24, 16-4, 
               16R-25, 16-5, 16R-23) (Action Date: 2/22/16)
               Fact Sheet (59K)
               Attachment (580K)

23)  16-4      Authorizing a one percent (1%) occupation tax, effective 
               January 1, 2017, on gross receipts for retail establishments 
               at SouthPointe Pavilions within the designated Enhanced 
               Employment Area to be used to pay for construction and 
               maintenance of a public parking garage to be located at 
               SouthPointe Pavilions. (Related Items: 16R-24, 16-4, 16R-25, 
               16-5, 16R-23)
               Fact Sheet (83K)
               Attachment (594K)

24)  16R-25    Approving a Development Agreement between the City of 
               Lincoln, R.E.D. Development, and Powder Mountain, LLC
               related to construction of a new Scheels store and other 
               retail space at SouthPointe Pavilions in addition to public 
               parking garage within SouthPointe Pavilions. (Related Items: 
               16R-24, 16-4, 16R-25, 16-5, 16R-23) (Action Date: 2/22/16)
               Fact Sheet (53K)
               Attachment (3964K)

25)  16-5      Authorizing the issuance of City of Lincoln SouthPointe
               Pavilions Project Tax Allocation Bonds in an amount not
               to exceed $19,950,000. (Related Items: 16R-24, 16-4,
               16R-25, 16-5, 16R-23)
               Fact Sheet (58K)

26)  16R-23    Combined Special Permit/Use Permit 11H - Application of
               RED Capital Management, LLC and Powder Mountain, LLC to
               reflect the redevelopment of several areas of the SouthPointe 
               Pavilions shopping center, including an increase in floor 
               area, a reduction in the parking requirement, and an increase 
               in building height located at the northeast corner of South 
               27th Street and Pine Lake Road.  (Related Items: 16R-24, 16-4, 
               16R-25, 16-5, 16R-23) (Action Date: 2/22/16)
               Fact Sheet (16295K)

                     - END PUBLIC HEARING -
                                        

ORDINANCES - 3RD READING & RELATED RESOLUTIONS

27)  16-3      Change of Zone 15039 - Application of Jeffery & Elizabeth 
               Heerspink, to designate the Betz-VanAndel houses as a 
               Landmark, changing the zoning district from R-7 Residential 
               to R-7 Residential with Landmark Overlay, on property 
               generally located at 1037-1039 and 1045 South 13th Street.
               (PASSED, 7-0; #20290)
               Fact Sheet (3751K)
               Attachment (234K)


RESOLUTIONS - 1ST READING  (ITEMS 28 THROUGH 35 HAD 1ST READING)

28)  16R-27    Accepting the report of new and pending claims against
               the City and approving disposition of claims set forth
               for the period of January 16-31, 2015.
               Fact Sheet (30K)
               Attachment (61K)

29)  16R-28    Approving the Antelope Square Redevelopment Agreement
               between the City of Lincoln and Antelope Square, LLC
               relating to the redevelopment of property bounded by
               22nd Street on the west, 23rd Street on the east, R
               Street on the north, and Q Street on the south for the
               construction of twenty-four attached single family
               dwellings.
               Fact Sheet (11K)
               Attachment (1829K)

30)  16R-29    Amending the FY 15/16 CIP to authorize and appropriate
               $825,000.00 in TIF funds for the Antelope Square
               Redevelopment Project.
               Fact Sheet (10K)

31)  16R-30    Approving the SSH Architecture Redevelopment Agreement
               between the City of Lincoln and Kevin and Mary Hittle
               relating to the redevelopment of property located at
               6234 and 6240 Ballard Avenue for the construction of a
               new, approximately 10,800 square foot, building.
               Fact Sheet (54K)
               Attachment (3780K)

32)  16R-31    Amending the FY 15/16 CIP to authorize and appropriate
               $110,000.00 in TIF funds for the SSH Architecture
               Redevelopment Project.
               Fact Sheet (39K)

33)  16R-32    Approving an Interlocal Agreement between the Omaha-
               Council Bluffs Metropolitan Area Planning Agency and 
               City of Lincoln to obtain digital map products including 
               aerial photography and building footprints for Lancaster 
               County.
               Fact Sheet (106K)               
               Attachment (512K)

34)  16R-34    Repealing Resolution No. A-74329 adopted August 12,
               1991 relating to the City's Performance Audit Committee
               due to the committee's functions being severely limited
               due to reallocation of resources.
               Fact Sheet (30K)

35)  16R-35    Repealing Resolution No. A-87447 adopted July 22, 2013
               relating to the Pinnacle Bank Arena Advisory Committee
               due to the committee's functions being transferred to
               the Pinnacle Bank Arena Advisory Board established in
               the Lincoln Municipal Code.
               Fact Sheet (31K)


ORDINANCES - 1ST READING & RELATED RESOLUTIONS  (ITEMS 36 THROUGH 42 
       HAD 1ST READING)

36)  16-6      Authorizing the issuance of Tax Allocation Bonds for
               the Antelope Square Redevelopment Project.
               Fact Sheet (10K)

37)  16-7      Authorizing the issuance of Tax Allocation Bonds for
               the SSH Architecture Redevelopment Project.
               Fact Sheet (59K)

38)  16-8      Amending Chapter 9.44 of the Lincoln Municipal Code
               relating to Fireworks, by amending Section 9.44.020 to
               increase the penalty for the unlawful use of fireworks
               within the Lincoln City limits.
               Fact Sheet (31K)

39)  16-9      Ordinance amending Title 4 of the Lincoln Municipal
               Code by adding a new Chapter 4.68 relating to Boards
               and Commissions to establish the Pinnacle Bank Arena
               Advisory Board and repealing Section 2.10.040 relating
               to Pershing Manager; Authority from Title 2 of the
               Lincoln Municipal Code.
               Fact Sheet (32K)

40)  16-10     Ordinance amending Chapter 2.76 of the Lincoln Municipal 
               Code relating to the Personnel System and Chapter 5.04 
               relating to Alcoholic Liquor, by amending Section 
               2.76.370, subsection (e), to remove reference to employee 
               classifications "N" and "X" relating to personal holiday 
               hours as subsection (f) relates to personal holiday hours
               for employee classifications "N" and "X"; and amending  
               Section 5.04.250 to remove language referring to a repealed 
               section; and repealing Section 2.76.370 and Section 5.04.250 
               of the Lincoln Municipal Code as hitherto existing.
               Fact Sheet (32K)

41)  16-11     Ordinance amending Section 14.80.080 of the Lincoln Municipal 
               Code relating to Director of Public Works and Utilities to 
               Have General Control of Sidewalks to remove the requirement 
               that property owners are responsible for the repair and
               replacement of adjoining sidewalks in order to bring the 
               code into conformity with the City Charter, Art. VIII, 
               Section 19; and repealing Section 14.80.080 of the Lincoln 
               Municipal Code as hitherto existing.
               Fact Sheet (32K)

42)  16-12     Ordinance amending Chapter 27.06 of the Lincoln Municipal 
               Code relating to Use Groups by amending Section 27.06.170 
               to revise the Use Group Table to reflect that current 
               Heavy Commercial Services Use Group for mini-warehouses 
               are a permitted conditional use in the B-5 district as 
               provided in Section 27.62.140(b)(2); and repealing Section
               27.06.170 of the Lincoln Municipal Code as hitherto existing.
               Fact Sheet (40K)

PENDING LIST - DATE CERTAIN - NONE


PENDING LIST  (EXTENDED TWO WEEKS)

43)  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)  
               (12/14/15 - Action Delayed w/ continued Public Hearing to 
               1/11/16) (1/11/16 - Placed on Pending, No Date Certain)
               Fact Sheet (24K)

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 FEBRUARY, OPEN MICROPHONE SESSIONS WILL BE HELD ON
     FEBRUARY 8TH & 29TH.


ADJOURNMENT    9:30 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
p.m. All meetings are aired live on 5 CITY-TV and re-aired on Mondays
at 7 p.m., Tuesdays at 12 a.m. and Saturdays at 12:30 p.m.  5 CITY-TV
is available on Time Warner Cable (TWC) and Windstream Kinetic channel
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Those with built-in digital cable tuners (QAM) 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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