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Formal Agenda


         ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
              MONDAY, FEBRUARY 22, 2016 AT 3:00 P.M.

                                                       
              MAYOR'S AWARD OF EXCELLENCE - CANCELLED


                        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)  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. (ADOPTED, 7-0; A-89498)
               Fact Sheet (106K)               
               Attachment (512K)

 2)  16R-34    Repealing Resolution No. A-74329 adopted August 12,
               1991 relating to the City's Performance Audit Internal 
               Audit Review Committee due to the committee's functions 
               being severely limited due to reallocation of resources. 
               (ADOPTED, 7-0; A-89499)
               Fact Sheet (30K)

 3)  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. (ACTION DELAYED FOR 1 WEEK 
               TO 02/29/16, 7-0)
               Fact Sheet (31K)

 4)            Clerk's Letter and Mayor's Approval of Resolution and
               Ordinances Passed by City Council on February 1, 2016. 
               (PLACED ON FILE)

 5)            Clerk's Letter and Mayor's Approval of Resolution and
               Ordinances Passed by City Council on February 8, 2016. 
               (PLACED ON FILE)

 6)            Lincoln Electric System Financial & Operating Statement
               for January, 2016. (PLACED ON FILE)

 7)            Report from City Treasurer of Franchise Fees from Black
               Hills Corporation for the months of October & November,
               2015. (PLACED ON FILE)

 8)            Report from City Treasurer of 911 Surcharges for the
               months of September, October, November, & December 2015.  
               (PLACED ON FILE)

 9)            Report of Lincoln Water & Wastewater Systems Fiscal
               Year 2014-15 Audits. (PLACED ON FILE)

PETITIONS & COMMUNICATIONS

10)            Informal Paving Petition for paving of Saunders Avenue
               between 12th & 13th Streets submitted by Ed Grubbs.  
               (REFERRED TO PUBLIC WORKS)

11)            Setting the hearing date of Monday, March 7, 2015 at
               3:00 p.m. on the Manager Application of Rodger E.
               Addison for Lakes Ventures LLC dba Fresh Thyme Farmers
               Market at 5220 O Street. (ADOPTED, 7-0; A-89500)

12)            Setting the hearing date of Monday, March 7, 2015 at
               3:00 p.m. on the Application of Rachel Rise-Mattson dba
               The Top Hat Tavern for a Class I Liquor License at 736
               West Cornhusker Highway. (ADOPTED, 7-0; A-89501)

13)            Setting the hearing date of Monday, March 7, 2015 at
               3:00 p.m. on the  Application of Bison Courtside LLC
               dba Courtside Banquet Hall, holder of a Class C Liquor
               License for a change of location from 710 Hill Street
               to 333 Speedway Circle #2. (ADOPTED, 7-0; A-89502)

14)            Setting the hearing date of Monday, March 7, 2015 at
               3:00 p.m. on the Application of Shopko Stores Operating
               Co LLC dba Shopko 172 for a Class B Liquor License at
               3400 North 27th Street. (ADOPTED, 7-0; A-89503)

15)            Setting the hearing date of Monday, March 7, 2015 at
               3:00 p.m. on the Application of Shopko Stores Operating
               Co LLC dba Shopko 39 for a Class B Liquor License at
               4200 South 27th Street. (ADOPTED, 7-0; A-89504)

16)            REFERRED TO THE PLANNING DEPARTMENT:
               Change of Zone No. 16001, requested by Rokeby Holdings, 
               LTD., from AG (Agricultural District) to R-3 (Residential 
               District) for approximately 28.87 acres of land, more or 
               less, associated with the Grandview Estates Community 
               Unit Plan, on property generally located at South 70th 
               Street and Rokeby Road.

17)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 16003 to Change of Zone 
               #15003, Vavrina Meadows Planned Unit Development,
               approved by the Planning Director on February 3, 2016,
               requested by REGA Engineering, to add a note stating
               that commercial uses are acceptable within R-3 zoning
               in Lots 2 and 4, Block 1, generally located at South
               14th Street and Yankee Hill Road.
               Administrative Amendment No. 16004 to Special Permit 
               #15014, Maker's Row, approved by the Planning
               Director on February 8, 2016, requested by The Clark
               Enersen Partners, to revise the location of Lot 2 and
               adjust parking stall locations, generally located at
               North 14th Street and Indigo Road.
               Administrative Amendment No. 16005 to Special Permit 
               #500B, Educational Environments, Inc., approved by the 
               Planning Director on February 10, 2016, requested by 
               Kelly Seacrest and Peter Stegen, to rescind Special 
               Permits #500 and #500B, generally located at Austin 
               Drive and Antelope Creek Road.

18)       MISCELLANEOUS REFERRALS - NONE

                     - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

19)            Application of Fucor, Inc. dba Venue Restaurant &
               Lounge for a Class C liquor license at 129 North 10th
               Street, Suite 115. (ADOPTED FOR APPROVAL, 7-0; A-89505)

20)            Manager Application of Justin B. Cooksley for Fucor,
               Inc. dba Venue Restaurant & Lounge at 129 North 10th
               Street, Suite 115. (ADOPTED FOR APPROVAL, 7-0; A-89506)

21)            Manager Application of Jason L. Johnson for JJ's
               Lounge, LLC dba The Lounge at 2001 West O Street. 
               (ADOPTED FOR APPROVAL, 7-0; A-89507)


PUBLIC HEARING - RESOLUTIONS

22)  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, 2016.  (ADOPTED, 7-0; 
               A-89508)
               Fact Sheet (30K)
               Attachment (61K)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
        (ITEMS 23 THROUGH 33 HAD 2ND READING)

23)  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)

24)  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)

25)  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)

26)  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)

27)  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)

28)  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. (Related Items: 16R-28, 16R-29, 16-6)
               Fact Sheet (11K)
               Attachment (1829K)

29)  16R-29    Amending the FY 15/16 CIP to authorize and appropriate
               $825,000.00 in TIF funds for the Antelope Square
               Redevelopment Project. (Related Items: 16R-28, 16R-
               29, 16-6)
               Fact Sheet (10K)

30)  16-6      Authorizing the issuance of Tax Allocation Bonds for
               the Antelope Square Redevelopment Project. (Related
               Items: 16R-28, 16R-29, 16-6)
               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.
               (Related Items: 16R-30, 16R-31, 16-7)
               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. (Related Items: 16R-30, 16R-
               31, 16-7)
               Fact Sheet (39K)
              
33)  16-7      Authorizing the issuance of Tax Allocation Bonds for
               the SSH Architecture Redevelopment Project. (Related
               Items: 16R-30, 16R-31, 16-7)                                       
               Fact Sheet (59K)

                     - END PUBLIC HEARING -

ORDINANCES - 3RD READING & RELATED RESOLUTIONS

34)  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) (MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 
               6-1; FELLERS DISSENTING;  A-89509)
               Fact Sheet (59K)
               Attachment (580K)

35)  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) 
               (AMENDMENT TO MTA#1 ADOPTED, 6-1; FELLERS DISSENTING; 
               MTA #1 ADOPTED AS AMENDED, 6-1; FELLERS DISSENTING; 
               PASSED AS AMENDED, 6-1; FELLERS DISSENTING; #20291)
               Fact Sheet (83K)
               Attachment (594K)

36)  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) (ADOPTED, 6-1; FELLERS 
               DISSENTING; A-89510)
               Fact Sheet (53K)
               Attachment (3964K)

37)  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) (PASSED, 6-1; FELLERS DISSENTING; 
               #20292)
               Fact Sheet (58K)

38)  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) (MTA #1 ADOPTED, 
               7-0; ADOPTED, 7-0;  A-89511)
               Fact Sheet (16295K)


MAYOR'S VETO OF RESOLUTION NO. A-89497

39)  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 
               OVERRIDE MAYOR'S VETO LOST, 4-3; ESKRIDGE, GAYLOR BAIRD, 
               RAYBOULD DISSENTING; MAYOR'S VETO STANDS)
               Fact Sheet (53K)


RESOLUTIONS - 1ST READING  (ITEMS 40 THROUGH 44 HAD 1ST READING)

40)  16R-33    Directing submittal to the electors of the City of a
               proposed general obligation bond issue for construction
               of improvements to the City's storm sewer system at the
               May 10, 2016 primary election.

41)  16R-36    Accepting the report of new and pending claims against
               the City and approving disposition of claims set forth
               for the period of February 1-15, 2016.
               Fact Sheet (30K)
               Attachment (67K)

42)  16R-39    Approving a resolution requiring the annual publication
               of total wage and salary information for City of
               Lincoln employees.
               Fact Sheet (47K)

43)  16R-37    Special Permit 04016A   Appeal of Derek Schroeder and
               Derek Zimmerman from the Planning Commission's
               conditional approval to construct a multi-story,
               climate-controlled indoor self-storage building and
               increase the allowable floor area to 197,200 sq. ft.,
               on property generally located at Northwoods Drive and
               Colby Street.
               Fact Sheet (5477K)

44)  16R-38    Approving an agreement between the City of Lincoln and
               Nebraska Department of Roads for a federal-aid project
               grant in the amount of $600,000.00 for the implementation 
               of a Bike Share Program.
               Fact Sheet (435K)
               Attachment (12886K)


ORDINANCES - 1ST READING & RELATED RESOLUTIONS  (ITEMS 45 THROUGH 48 HAD 	
       1ST READING)

45)  16-15     Approving (1) amendment to the Master Site Lease
               from the City and the County of Lancaster, Nebraska 
               to the Lincoln-Lancaster County Public Building 
               Commission; (2) amendment to the Master Lease 
               Agreement from the Commission to the County and the 
               City; and (3) the issuance of the Commission's Tax 
               Supported Lease Rental Revenue Bonds, Series 2016.

46)  16-14     Amending the pay schedule for the employee group
               whose classifications are assigned to the pay
               range which is prefixed by the letter "M" by
               reestablishing the pay range of M56 and assigning
               class code 3017 to the existing Battalion Chief
               classification for those employees working the 56
               hour work week.
               Fact Sheet (29K)

47)  16-16     Amending Title 2 of the Lincoln Municipal Code
               relating to Officers, Departments and Personnel by
               adding a new Section numbered 2.04.060 requiring
               the reporting of contracts to the City Council and
               adding a new Section 2.18.080 requiring the
               pre-qualification of firms providing services to
               the City.
               Fact Sheet (41K)

48)  16-13     Approving a Real Estate Purchase Agreement between
               the City of Lincoln and C Street, LLC for the sale
               of City owned property generally located at the
               southwest corner of Superior Street and Lewis
               Avenue.
               Fact Sheet (61K)
               Attachment (134K)

PENDING LIST - DATE CERTAIN

49)  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) (2/8/16 - Action delayed for 4 
               weeks to 3/7/16) (Request to delay action for 1 
               week to 3/14/16)
               Fact Sheet (64K)
               Attachment (20M)


PENDING LIST     (EXTENDED ONE WEEK)

50)  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     5:00 P.M.


UPCOMING HEARINGS

 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.

                                  ***
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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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