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Formal Agenda


           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, APRIL 4, 2016 AT 3:00 P.M.

                         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)            Setting the Board of Equalization Hearing Date of
               Monday, April 25, 2016 at 5:30 p.m. on the North 27th
               Street Maintenance Improvement District, the University
               Place Maintenance Improvement District, the South
               Street Maintenance Improvement District, the Havelock
               Maintenance Improvement District and the College View
               Maintenance Improvement District. (ADOPTED, 7-0; 
               A-89595)

 2)            Clerk's Letter and Mayor's Approval of Resolution and
               Ordinances Passed by City Council on March 21, 2016. 
               (PLACED ON FILE)

 3)            Report from City Treasurer of City Cash on Hand at the
               Close of Business February 29, 2016. (PLACED ON FILE)

PETITIONS & COMMUNICATIONS

 4)            Setting the hearing date of Monday, April 18, 2016 at
               3:00 p.m. on the Application of Magalex Co. LLC dba
               Pinot's Palette for a Class I Liquor License at 3900
               Yankee Hill Rd, Suite 127. (ADOPTED, 7-0; A-89596)

 5)            Setting the hearing date of Monday, April 18, 2016 at
               3:00 p.m. on the Application of Home-Grown Industries
               of Lincoln LLC dba Mellow Mushroom for a Class I Liquor
               License at 601 R Street, Suite 110. (ADOPTED, 7-0; 
               A-89597)

 6)            Setting the hearing date of Monday, April 18, 2016 at
               3:00 p.m. on the Application of Home-Grown Industries
               of Lincoln LLC dba Mellow Mushroom for an Entertainment
               District Liquor License at 601 R Street, Suite 110.  
               (ADOPTED, 7-0; A-89598)

 7)            THE FOLLOWING WERE REFERRED TO PLANNING:
               Special Permit No. 16013, requested by Crete Carrier 
               Corporation, for the installation of a 100-foot flag 
               pole, on property legally described as Lot 39 SW,
               located in the SW 1/4 of Section 19-10-6, Lincoln,
               Lancaster County, Nebraska, generally located at 400 
               NW 56th Street.  The Planning Commission action is 
               final, unless appealed to the City Council.
               Change of Zone No. 16013, requested by Starostka-Lewis, 
               LLC, from AG Agricultural District to R-3 Residential 
               District, for development of single-family lots, on 
               property legally described as a portion of Lot 46 I.T., 
               and Lot 42 I.T., located in the NE 1/4 of Section 33-11-6, 
               Lincoln, Lancaster County, Nebraska, generally located at 
               West Silverado Court and Highway 34.
              Special Permit No. 16011, requested by Allo Communications, 
               LLC, for the construction and operation of a fiber optic 
               utility building, on property legally described as Lot 1, 
               Hawkswood Estates 2nd Addition, located in the NE 1/4 of 
               Section 16-9-7, Lincoln, Lancaster County, Nebraska, 
               generally located at the southwest corner of South 70th 
               Street and Old Cheney Road.  The Planning Commission 
               action is final, unless appealed to the City Council.
               Special Permit No. 16008, requested by Catholic
               Bishop of Lincoln, to allow for the conversion of an
               existing single-family dwelling into a dwelling for up
               to four members of a religious order, on property
               legally described as the S 1/2 of Lot 121, Witherbee
               Gardens, located in the NW 1/4 of Section 29-10-7,
               Lincoln, Lancaster County, Nebraska, generally located
               at 543 South 46th Street.  The Planning Commission
               action is final, unless appealed to City Council.
               Change of Zone No. 16010, requested by Lancaster
               County, from R-4 Residential District to B-3 Commercial
               District, on property legally described as Lots 8, 9,
               18, and 19, Lot 10 except the South 21.5 feet of the
               West 63.42 feet, Lot 17 except the South 21.5 feet, the
               East 65.38 feet of Lots 11, 12, and 13, and the vacated
               north-south alley lying between the north line of Lots
               8 and 19 and a point located 28.5 feet south of the
               north line of Lots 10 and 17, all in Davis Subdivision,
               and part of the E 1/2 of Lot 6, located in the SW 1/4
               of Section 36-10-6, Lincoln, Lancaster County, Nebraska, 
               generally located at 2201 South 17th Street.

 8)       MISCELLANEOUS REFERRALS

                     - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

 9)            Manager Application of Craig W. Stage for Hopcat-
               Lincoln, LLC dba Hopcat at 601 P Street. (PUBLIC 
               HEARING & ACTION DELAYED FOR 1 WEEK TO 4/11/16, 7-0)

10)            Application of Empyrean Brewing Co. for a special
               designated license to cover an outdoor area measuring
               approximately 60 feet by 60 feet and an indoor area
               measuring approximately 76.5 feet by 82 feet and 69
               feet by 51 feet at 300 South 7th Street on April 21, 
               2016 between 5:00 p.m. and 11:00 p.m. (ADOPTED FOR 
               APPROVAL, 7-0; A-89599)


PUBLIC HEARING - RESOLUTIONS

11)  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.  (2/29/16 - Public Hearing & Action
               continued  to 3/28/16) (3/28/16 - PUBLIC HEARING &
               ACTION CONT'D TO 4/4/16)  (ADOPTED, 6-1; LAMM DISSENTING; 
               A-89600)
               Fact Sheet (5477K)

12)  16R-64    Approving a transfer of appropriations in the amount of
               $500,000.00 from General Fund City Unassigned Department, 
               Contingency Division/Miscellaneous Other Services and 
               Charges of the City of Lincoln 2015-16 Operating budget 
               to Capital Improvement Project 531700 - Storm Water 
               Improvement Projects Match in the event the May 10th, 
               2016 storm water bond resolution is not passed by voters 
               in order to provide local match funding to those programs 
               where partner funding would be jeopardized. (MTA#1 ADOPTED, 
               7-0;  MTA#2 LOST, 3-4; CAMP, CHRISTENSEN, FELLERS, LAMM 
               DISSENTING; MTA#3 LOST, 3-4; CAMP, CHRISTENSEN, FELLERS, LAMM 
               DISSENTING; ADOPTED AS AMENDED, 7-0; A-89601)
               Fact Sheet (19K)
               MTA (6K)
               Substitute Resolution (9K)
               Substitute Attachment (51K)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
       (ITEMS 13 THROUGH 20 HAD 2ND READING)

13)  16-25     Annexation 16002 - Amending the Lincoln Corporate Limits 
               Map by annexing approximately 89.59 acres and adjacent 
               right-of-way on property generally located at North 89th 
               Street and Fremont Street. (Related Items: 16-25, 16-26)
               Fact Sheet (2931K)
               Attachment (192K)

14)  16-26     Change of Zone 05054D - Application of Starostka-Lewis, LLC, 
               to amend the Prairie Village North Planned Unit Development 
               for a change of zone from AG Agricultural District to R-3 
               Residential District over approximately 75.81 acres of land
               and a change of zone from B-2 Planned Neighborhood Business 
               District to R-3 Residential District over approximately 7.4 
               acres of land, on property generally located at North 89th 
               and Fremont Street. (Related Items: 16-25, 16-26)
               Fact Sheet (3712K)

15)  16-27     Change of Zone 16002 - Application of Larry and Connie Coffey 
               and Placzek Properties, LLC for a change of zone from H-3 
               Highway Commercial District to I-1 Industrial District on 
               property generally located at Southwest 32nd Street and West 
               O Street.
               Fact Sheet (1906K)

16)  16-28     Text Amendment 16005 - Amending Section 26.27.005 of the 
               Lincoln Municipal Code relating to the minimum required 
               improvements within a final plat to provide that the City 
               may encourage and promote the installation of new minimum 
               required improvements not required in a previously approved
               final plat by agreeing to subsidize the increased cost of 
               the new minimum required improvement in accordance with 
               specific criteria adopted by resolution of the City Council; 
               and repealing Section 26.27.005 of the Lincoln Municipal Code 
               as hitherto existing. (Related Items: 16-28, 16R-63)
               Fact Sheet (1372K)

17)  16R-63    Text Amendment 16003 - Amending the City of Lincoln Design 
               Standards to add Chapter 3.100, Design Standards for Outdoor 
               Lighting, providing design standards for the installation 
               of outdoor luminaries; revising Section 3 definition of 
               "Lumen, Luminaire and Mounting height"; amending Subsections 
               6.2, 6.3, 6.4, and 6.7; repealing Sections 3, 4, 6, 7, 9, 
               and 12 of Chapter 3.100 as hitherto existing; and to provide 
               that the City may require LED post top fixtures in existing
               final plats provided the City pays for the increased cost over 
               the approved HSPV post top fixture. (Related Items: 16-28, 
               16R-63) (Action Date: 4/11/16)
               Fact Sheet (1117K)
               Attachment (52K)

18)  16-30     Change of Zone 16005 - Application of Austin Realty Investments 
               for a change of zone from H-2 Highway Business District to B-5 
               Planned Regional Business District and the City's request for 
               a change of zone from R-2 Residential District to P Public Use 
               District on property generally located at 225 North Cotner 
               Boulevard and 300 South North 56th Street respectively. (Related 
               Items: 16-30, 16R-62)
               Fact Sheet (4299K)

19)  16R-62    Pre-Existing Use Permit 3AG - Application of Austin Realty 
               Investments to amend the boundary of the Gateway Mall Use Permit 
               by adding the property at 225 North Cotner Boulevard, for 
               authority to construct up to 153 units of multi-family housing 
               or to construct up to 36,000 square feet of commercial space or 
               any construction thereof, including waivers to increase the
               maximum building height from 40 feet to 55 feet and to reduce 
               residential parking requirements from 2 to 1.4 stalls per dwelling 
               unit, on property generally located at 225 North Cotner Boulevard. 
               (Related Items: 16-30, 16R-62) (Action Date: 4/11/16)
               Fact Sheet (4329K)

20)  16-31     Approving a Real Estate Purchase Agreement between the City of 
               Lincoln and Paul E. Versaw for the sale of City owned property 
               generally located at 1732 North 28th Street.
               Fact Sheet (8643K)
               Attachment (6926K)


                     - END PUBLIC HEARING -


ORDINANCES - 3RD READING & RELATED RESOLUTIONS

21)  16-23     Adopting the supplements to the Lincoln Municipal Code dated 
               June 2015 and December 2015 as part of the official Lincoln 
               Municipal Code. (PASSED, 7-0; #20310)
               Fact Sheet (5240K)
               Attachment (72412K)

22)  16-24     Approving a contract between the City of Lincoln and Lincoln 
               Haymarket Development Corporation to conduct and regulate a 
               Saturday public market in the Haymarket area, 7th Street from 
               P to Q Street and P Street from 7th to 8th Street from May 7,
               2016 through October 15, 2016; Q Street from 7th to Canopy 
               Street and Canopy Street from P to Q Street from May 7, 2016 
               through October 15, 2016; and on 8th Street from P to Q Street 
               from May 7, 2016 through August 27, 2016.(PASSED, 7-0; #20311)
               Fact Sheet (14742K)
               Attachment (4603K)


RESOLUTIONS - 1ST READING (ITEMS 23 THROUGH 27 HAD 1ST READING)

23)  16R-65    Reappointing Ronald Geary to the Board of Mechanical Examiners 
               for a term expiring April 4, 2019. (Consent)

24)  16R-66    Accepting the report of new and pending claims against the City 
               and approving disposition of claims set forth for the period of 
               March 16-31, 2016.
               Fact Sheet (30K)
               Attachment (67K)

25)  16R-67    Approving a resolution to prevent tobacco consumption or simulated 
               activities at or within fifteen (15) feet of a bus stop, bus 
               shelter, or perimeter line of any transit center or facility.
               Fact Sheet (6957K)

26)  16R-68    Appointing Betsy Bergman to the Star Tran Advisory Board for a 
               term expiring October 20, 2017. (Consent)
               Attachment (9530K)

27)  16R-69    Ordering construction of sidewalks along the west side of 48th 
               Street from Holdrege to Leighton Street where sidewalks currently 
               do not exist.
               Fact Sheet (27K)

ORDINANCES - 1ST READING & RELATED RESOLUTIONS	(ITEMS 28 & 29 HAD 1ST READING)

28)  16-32     Amending Chapter 8.20 of the Lincoln Municipal Code relating to 
               Lincoln Food Code to add a new Section numbered 8.20.070 to 
               require food handlers and food managers to prevent contamination 
               of food from hands.
               Fact Sheet (1383K)

29)  16-33     Amending Chapter 4.28 of the Lincoln Municipal Code relating to 
               the Lincoln Airport by adding a new Section numbered 4.28.060 
               entitled "Unmanned Aircraft Systems; Intent" to state the intent 
               of the City Council in enacting regulations for the operation of 
               Unmanned Aircraft Systems; by adding a new Section numbered 
               4.28.070 entitled "Unmanned Aircraft Systems; Definitions" to 
               provide definitions of the terms; by adding a new Section numbered 
               4.28.080 to establish operating restrictions for unmanned aircraft; 
               and by adding a new Section numbered 4.28.090 to establish penalties.
               Fact Sheet (6674K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST	(SEE ITEM 30)

30)  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) (WITHDRAWN, 7-0; #38-4667)
               Fact Sheet (24K)
               MTA#1 (289K)
               MTA#2 (313K)
               MTA#3 (260K)



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 APRIL, OPEN MICROPHONE SESSIONS WILL BE HELD ON
     APRIL 11TH & 25TH.


ADJOURNMENT	5:18 P.M.


UPCOMING HEARINGS

     Hearing date of Monday, April 11, 2016 at 3:00 p.m. on the
     Application of Rupert Enterprises LLC dba T's Stop & Shop for a
     Class D Liquor License at 2801 O Street. (upgrade from a Class B)

     Hearing date of Monday, April 11, 2016 at 3:00 p.m. on the
     Application of Hollenbeck Farms LLC dba HF Crave for a Class A
     Liquor License at 2801 Pine Lake Road, Suite W.

     Hearing date of Monday, April 11, 2016 at 3:00 p.m. on the
     Application of Val Limited dba Valentino's for a Class C Liquor
     License at 2820 Pine Lake Road, Suite 1.

     Hearing date of Monday, April 11, 2016 at 3:00 p.m. on the
     Application of E & T LLC dba Bison Witches Bar & Grill for a
     Class C Liquor License at 1320 P Street, Suite 100.

     Hearing date of Monday, April 11, 2016 at 3:00 p.m. on the
     Manager Application of Rob A. Reif for Hy-Vee Inc. dba Hy-Vee
     Food Store at 5010 O Street.

     Hearing date of Monday, April 11, 2016 at 3:00 p.m. on the
     Manager Application of Rob A. Reif for Hy-Vee Inc. dba Hy-Vee Gas
     at 250 North 52nd Street.

     Hearing date of Monday, April 11, 2016 at 3:00 p.m. on the
     Manager Application of Rob A. Reif for Hy-Vee Inc. dba Hy-Vee
     Food Store at 1601 North 84th Street.

     Hearing date of Monday, April 11, 2016 at 3:00 p.m. on the
     Manager Application of Rob A. Reif for Hy-Vee Inc. dba Hy-Vee Gas
     at 1515 North 84th Street.

     Hearing date of Monday, April 11, 2016 at 3:00 p.m. on the
     Manager Application of Rob A. Reif for Hy-Vee Inc. dba Hy-Vee
     Food Store at 5020 North 27th Street.

     Hearing date of Monday, April 11, 2016 at 3:00 p.m. on the
     Manager Application of Rob A. Reif for Hy-Vee Inc. dba Hy-Vee
     Restaurant at 5020 North 27th Street.

     Hearing date of Monday, April 11, 2016 at 3:00 p.m. on the
     Manager Application of Rob A. Reif for Hy-Vee Inc. dba Hy-Vee
     Food Store at 6001 Village Drive.

     Hearing date of Monday, April 11, 2016 at 3:00 p.m. on the
     Manager Application of Rob A. Reif for Hy-Vee Inc. dba Hy-Vee
     Food Store at 7151 Stacy Lane.

     Hearing date of Monday, April 11, 2016 at 3:00 p.m. on the
     Manager Application of Rob A. Reif for Hy-Vee Inc. dba Hy-Vee Gas
     at 7101 Pioneers Boulevard.

                                  ***
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
5. TWC customers will need a digital cable box or digital adapter. 
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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