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Formal Agenda


         ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD
                 MONDAY, MAY 23, 2016 AT 5:30 P.M.

              DUE TO MEMORIAL DAY, THERE WILL BE NO 
           CITY COUNCIL MEETING THE WEEK OF MAY 30, 2016

                      ALL MEMBERS PRESENT

              LEIRION GAYLOR BAIRD ELECTED AS CHAIR.
              ROY CHRISTENSEN ELECTED AS VICE-CHAIR.


                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-104   Reappointing Russell F. Miller, Heather Baker, and 
               Roger (R.J.) Lipert to the Alarm Review Board for 
               terms expiring July 1, 2018. (ADOPTED, 7-0; A-89720)

 2)  16R-105   Reappointing Orville Jones to the Lincoln Housing
               Authority Board for a term expiring July 1, 2021. 
               (ADOPTED, 7-0; A-89721)

 3)  16R-106   Reappointing Scott Sandquist to the Board of Zoning
               Appeals for a term expiring February 1, 2020. 
               (ADOPTED, 7-0; A-89722)

 4)  16R-107   Approving a Contract between the City of Lincoln and
               Von Busch & Sons Refuse for Recycling Drop-Off
               Collection Services, pursuant to Bid No. 16-055, for 
               a term beginning June 1, 2016 through May 31, 2020 
               with the option to renew for two additional one year 
               terms. (ADOPTED, 7-0; A-89723)
               Fact Sheet (287K)
               Attachment (12573K)

 5)  16R-108   Appointing Dr. Katherine Garcia, DDS to the Lincoln-
               Lancaster County Board of Health for a term expiring
               April 15, 2019. (ADOPTED, 7-0; A-89724)
               Attachment (205K)
               Attachment (EMAIL)

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

 7)            Clerk's Letter and Mayor's Approval of Resolution and
               Ordinances Passed by City Council on May 9, 2016. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 8)            Setting the hearing date of Monday, June 6, 2016, at
               3:00 p.m. on the Manager Application of Colin F Daro
               for NHC LLC dba Crawford's at 101 North 14th Street, 
               Suite 6. (ADOPTED, 7-0; A-89725)

 9)            Setting the hearing date of Monday, June 6, 2016, at
               3:00 p.m. on the Application of Asante Impressions LLC
               dba North Star Express for a Class D Liquor License at
               5700 North 33rd Street Circle. (ADOPTED, 7-0; A-89726)

10)            Setting the hearing date of Monday, June 6, 2016, at
               3:00 p.m. on the Application of George's Gourmet Grill
               LLC dba Gourmet Grill for a Class C Liquor License at
               6891 A Street, Suite 202. (ADOPTED, 7-0; A-89727)

11)            Setting the hearing date of Monday, June 6, 2016, at
               3:00 p.m. on the Application of ATEMAJAC Inc. dba La
               Cabana for a Class I Liquor License at 3223 Cornhusker
               Highway. (ADOPTED, 7-0; A-89728)

12)            Setting the hearing date of Monday, June 6, 2016, at
               3:00 p.m. on the Application of Backswing Brewing
               Company LLC dba Backswing Brewing Company for a Class 
               L Liquor License at 500 West South Street, Suite 8.
               (ADOPTED, 7-0; A-89729)

13)            Setting the hearing date of Monday, June 6, 2016, at
               3:00 p.m. on the Application of Backswing Brewing
               Company LLC dba Backswing Brewing Company for a Class
               CK Liquor License at 500 West South Street, Suite 8.
               (ADOPTED, 7-0; A-89730)

14)            THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT:
               Special Permit No. 11022B, requested by REGA Engineering 
               on behalf of Gana Trucking, to allow soil extraction, 
               on property legally described as the remaining portion 
               of Lot 1, Woodlawn West, and a portion of Lot 60 I.T., 
               located in the NE 1/4 of Section 31-11-6, Lincoln, 
               Lancaster County, Nebraska, generally located at NW 
               48th Street and Purple Heart Highway.
               Special Permit No. 16001, requested by Triple S & L 
               Developers LLC, to allow an AG Community Unit Plan
               that incorporates build-through design elements with
               waivers of the design standards for the installation 
               of sidewalks and street trees, block-length distance,
               sanitary sewer mains running opposite street grades,
               lot-to-depth ratio, and the maximum lot area for lots
               that exceed one acre with a community sewer system, 
               on property legally described as Lots 4, 23, and 25,
               located in the NW 1/4 of Section 4-8-7, Lincoln,
               Lancaster County, Nebraska, generally located at 
               South 68th Street and Saltillo Road.
               Special Permit No. 16004, requested by Triple S & L 
               Developers, LLC, to allow soil excavation, on property 
               legally described as Lots 23 and 25, Irregular Tracts, 
               and the NW 1/4 of the NE 1/4 all located in the NE1/4 
               of Section 4-8-7, Lincoln, Lancaster County, Nebraska, 
               generally located at South 68th Street and Saltillo 
               Road. The Planning Commission Action is final, unless 
               appealed to the City Council.
               Special Permit No. 16020, requested by Pastor Adam White, 
               for the reconstruction and expansion of a nonconforming 
               church, including waivers to setbacks, building height, 
               and parking, on property legally described as the East 
               120 feet of the South 2/3 of Lot 21, Littles (SW) 
               Subdivision, located in the West 1/2 of the SW 1/4 of 
               Section 24-10-6, Lincoln, Lancaster County, Nebraska, 
               generally located at 535 North 16th Street.
               Special Permit No. 16024, requested by White Elm Brewing, 
               to allow for the sale of alcohol for consumption both 
               on and off the premises, on property legally described 
               as portions of Outlots A and B, South Park Addition, 
               and portions of Lots 127 and 150, Irregular Tracts, 
               all located in the SW 1/4 of Section 35-10-6, Lincoln, 
               Lancaster County, Nebraska, generally located at 2717 
               South 8th Street, # 1.

15)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 16026 to Special Permit 
               #07038, The Falls, approved by the Planning Director 
               on May 9, 2016, to delete the proposed parking lot 
               west of the building and install two new parking spaces 
               in its place, and to delete the proposed reception area 
               thereby reducing the area licensed for the sale of 
               alcohol for consumption on the premises, on property 
               generally located at N. 59th and Adams Streets.
               Administrative Amendment No. 16017 to Special Permit 
               #13022, Joshua's Glen CUP, approved by the Planning 
               Director on May 10, 2016, to add the dimensions for 
               the minimum front setback, separation between curb and 
               sidewalk, and separation between the sidewalk and garage 
               for the townhouse lots fronting onto Shailee Court and 
               Kayla Court, on property generally located at S. 56th 
               Street and Shadow Pines Drive.
               Administrative Amendment No. 16018 to Final Plat #13020, 
               Waterford Estates 9th Addition, approved by the Planning 
               Director on May 10, 2016, to accept the Affidavit of 
               Surveyor to correct typographical errors, on property 
               generally located at Linwood Lane and Southern Sky Circle.
               Administrative Amendment No. 16030 to Use Permit #116, 
               Northern Lights Commercial Center, approved by the 
               Planning Director on May 12, 2016, to redistribute the 
               area of Lots 7-9 into two lots and update the conceptual 
               site plan for Lot 1, on property generally located at N. 
               84th Street and Holdrege Street.

16)       MISCELLANEOUS REFERRALS - NONE. 

                     - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

17)            Manager Application of Kirti K. Trivedi for LNK Lodging, 
               LLC dba Holiday Inn Express & Suites Lincoln Airport at 
               1101 West Commerce Way. (5/16/16 - Public Hearing & 
               Action continued 1 week to 5/23/16) (ADOPTED FOR 
               APPROVAL, 7-0; A-89731)

18)            Application of 1st Avenue Lounge, Inc. dba 1st Avenue 
               Lounge for a Class I liquor license at 2310 North 1st 
               Street, Suite 7, 8, and 9. (ADOPTED FOR APPROVAL, 7-0; 
               A-89732)

19)            Manager Application of Ronald M. Bryant for 1st Avenue 
               Lounge, Inc. dba 1st Avenue Lounge at 2310 North 1st 
               Street, Suite 7, 8, and 9. (ADOPTED FOR APPROVAL, 7-0; 
               A-89733)

20)            Application of Chase ELPL I, LLC dba Chase Suite Hotel
               for a Class I liquor license at 200 South 68th Street 
               Place. (ADOPTED FOR APPROVAL, 7-0; A-89734)

21)            Manager Application of Joshua D. Erikson for Chase ELPL
               I, LLC dba Chase Suite Hotel at 200 South 68th Street 
               Place. (ADOPTED FOR APPROVAL, 7-0; A-89735)

22)            Manager Application of Aaron J. Worthan for Sam's West,
               Inc. dba Sam's Club #6413 at 4900 North 27th Street.
               (ADOPTED FOR APPROVAL, 7-0; A-89736)

23)            Manager Application of Hong Zheng for Savor Restaurant,
               LLC dba Ginger at 6055 Apples Way.
               (ADOPTED FOR APPROVAL, 7-0; A-89737)

24)            Application of Danmac, Inc. dba The Keg to expand its
               Class C liquor license by the addition to the area of 
               a new licensed area described as a one story building
               measuring approximately 27 feet by 140 feet including
               an outdoor area measuring approximately 18 feet by 36
               feet to the southwest located at 104 North
               20th Street. (PUBLIC HEARING & ACTION CONT'D TO 6/6/16)

25)            Application of GNS Corporation dba Cappy's Bar for a
               special designated license to cover an outdoor area
               measuring approximately 60 feet by 60 feet at 5560
               South 48th Street on June 12, 2016 from 7:00 a.m. to 
               10:00 p.m. (PUBLIC HEARING & ACTION CONT'D TO 6/6/16)

26)            Application of Lincoln Children's Zoo for a special
               designated license to cover an outdoor area measuring
               approximately 1500 feet by 400 feet at 1222 South
               27th Street on June 3, 2016 from 6:00 p.m. to midnight.
               (ADOPTED FOR APPROVAL, 7-0; A-89738)

27)            Application of Zipline Brewing Co. for a special
               designated license to cover an outdoor area measuring
               approximately 70 feet by 72 feet at 2100 Magnum Circle,
               Suite 1 on June 3, 2016 from 6:00 p.m. to 10:00 p.m.
               and June 11, 2016 from 3:00 p.m. to 9:00 p.m.
               (ADOPTED FOR APPROVAL, 7-0; A-89739)


PUBLIC HEARING - RESOLUTIONS

28)  16R-101   Miscellaneous 16002 - Application of Ironwood Properties 
               to install a light pole in a Building Line District 
               per Section 27.72.170, for parking lot lighting, on 
               property generally located at 4822 Pioneers Boulevard.
               (ADOPTED, 7-0; A-89740)
               Fact Sheet (2296K)
               Attachment (22K)

29)  16R-102   Text Amendment 15008 - Amending Chapter 3.100 of the
               City of Lincoln Design Standards for Outdoor Lighting,
               by amending Section 3 to revise the Definition of
               "Cutoff and Full-Cutoff"; amending Section 4.1 to add a
               new subsection C. to provide the maximum average
               maintained illuminance for outdoor areas under lighted
               marquees; and amending subsection 9.A to add a new
               subsection 2 to provide acceptable glare measurements
               for zero setback properties, and repealing Sections 3,
               4.1, and 9.A as hitherto existing.
               (ADOPTED, 4-3; DISSENTING: CAMP, CHRISTENSEN, RAYBOULD; 
               A-89741)
               Fact Sheet (1392K)
               Attachment (26K)

30)  16R-103   Approving Micheal Despain as Fire Chief effective July
               18, 2016. (ADOPTED, 7-0; A-89742)
               Fact Sheet (20K)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
      (ITEMS 31 & 32 HAD 2ND READING - SEE ITEM 32.)

31)  16-49     Amending Section 1 of Ordinance No. 20312 approving 
               Prairie Village North Annexation No. 16002 to correct 
               the legal description to be consistent with the Corporate 
               Limits Map Amendment shown on Attachment A attached to 
               Ordinance No. 20312.
               Fact Sheet (20K)

32)  16-50     Approving the establishment of the West "O" Street
               Maintenance Business Improvement District within the 
               exterior boundaries of an area generally along West 
               "O" Street from 3rd Street on the east to Homestead 
               Expressway on the west and including the property 
               abutting the north and south sides of said West "O" 
               Street right-of-way. (PUBLIC HEARING CONT'D WITH 3RD 
               READING ON 6/6/16)
               Fact Sheet (21K)
               Attachment (532K)

                     - END PUBLIC HEARING -


ORDINANCES - 3RD READING & RELATED RESOLUTIONS

33)  16-44     Approving the establishment, effective 9/1/2016, of the 
               Downtown Core Management Business Improvement District 
               within the exterior boundaries of an area generally 
               extending from N Street on the south and Pinnacle Arena 
               Drive on the west; thence north and northeasterly along
               Pinnacle Arena Drive to 8th Street; thence south along 
               8th Street to S Street; thence east along S Street to 
               9th Street; thence south along 9th Street to Q Street; 
               thence east along Q Street to 10th Street; thence north 
               along 10th Street to a point approximately mid-block 
               between Q Street and R Street; thence east along said 
               mid-block point to 14th Street; thence south along 14th 
               Street to Q Street; thence east along Q Street to 
               Centennial Mall; thence south along Centennial Mall to 
               M Street; thence west along M Street to 13th Street; 
               thence south along 13th Street to L Street; thence west 
               along L Street to 12th Street; thence north along 12th 
               Street to M Street; thence west along M Street to 9th 
               Street; thence north along 9th Street to N Street; 
               thence west along N Street to Pinnacle Arena Drive, 
               to replace the existing Core Business Improvement 
               District overlay in the downtown area which expires 
               on 8/31/2016. (Related Items: 16-44, 16-45, 16-46, 
               16-47) (PASSED, 7-0; #20330)
               Fact Sheet (21K)
               Attachment (848K)

34)  16-45     Approving the establishment, effective 9/1/2016, of 
               the Downtown Management Business Improvement District 
               within the exterior boundaries of an area generally 
               extending from N Street on the south and Pinnacle Arena 
               Drive on the west; thence north and northeasterly along 
               Pinnacle Arena Drive to 9th Street; thence southeasterly 
               along 9th Street and I-180 to a point approximately mid-
               block between R Street and Q Street; thence east along 
               said mid-point to 14th Street; thence south along 14th
               Street to Q Street; thence east along Q Street to 17th 
               Street; thence south along 17th Street to K Street; 
               thence west along K Street to 14th Street; thence south 
               along 14th Street to a point approximately mid-block 
               between Lincoln Mall and H Street; thence west along 
               said mid-block point to 10th Street; thence south along 
               10th Street to K Street; thence west along K Street to 
               8th Street; thence north along 8th Street to N Street; 
               thence west along N Street to Pinnacle Arena Drive, to 
               replace the existing Business Improvement District overlay 
               in the downtown area which expires on 8/31/2016. (Related 
               Items: 16-44, 16-45, 16-46, 16-47) (PASSED, 7-0; #20331)
               Fact Sheet (21K)
               Attachment (836K)

35)  16-46     Approving the disestablishment of the West Haymarket/
               Downtown Core Management Business Improvement District, 
               the boundaries of which generally extend along the 
               exterior lines of Pinnacle Arena Drive on the west and 
               north, North 8th and North 9th Streets on the east, 
               and O and N Streets on the south, effective August 31, 
               2016. (Related Items: 16-44, 16-45, 16-46, 16-47)
               (PASSED, 7-0; #20332)
               Fact Sheet (22K)
               Attachment (878K)

36)  16-47     Approving the disestablishment of the West Haymarket/
               Downtown Management Business Improvement District, the 
               boundaries of which generally extend along the exterior 
               lines of Pinnacle Arena Drive on the west and north, 
               North 10th Street on the east, and Q, R and N Streets 
               on the south, effective August 31, 2016.  (Related 
               Items: 16-44, 16-45, 16-46, 16-47) (PASSED, 7-0; #20333)
               Fact Sheet (22K)
               Attachment (961K)


RESOLUTIONS - 1ST READING (ITEMS 37 THRU 39 HAD 1ST READING)

37)  16R-109   Accepting the report of new and pending claims against
               the City and approving disposition of claims set forth
               for the period of May 1-15, 2016.
               Fact Sheet (30K)
               Attachment (64K)

38)  16R-112   Special Permit 16022 - Application of Joshua Nix for a
               licensed early childhood care facility, including a
               waiver to the parking design standards, on property
               generally located at 6519 Colby Street.
               Fact Sheet (1191K)

39)  16R-114   Appointing Patrick Ward to the Alarm Appeals Board for
               a term expiring July 1, 2017. (Consent)
               Attachment (241K)


ORDINANCES - 1ST READING & RELATED RESOLUTIONS
     (ITEMS 40 THRU 46 HAD 1ST READING)

40)  16-51     Ordinance authorizing and providing for the issuance 
               of not to exceed $6,300,000 aggregate stated principal 
               amount of general obligation storm sewer and drainage 
               system bonds of the City of Lincoln, Nebraska.

41)  16-52     Street & Alley Vacation 16001 - Vacating a portion of 
               the North 50th Street public right-of-way between the 
               south right-of-way line of St. Paul Avenue and the north 
               right-of-way line of Baldwin Avenue. (Related Items: 16-
               52, 16R-111)
               Fact Sheet (6912K)

42)  16R-111   Pre-Existing Special Permit 23H - Application of Nebraska 
               Wesleyan University to amend the special permit to include 
               a new 75,000 square foot science building, including a 
               waiver of the 35-foot maximum height restriction, include 
               associated parking, and expand the special permit boundary 
               to accommodate additional off-street parking for Nebraska 
               Wesleyan University on property generally located at North
               50th Street and Huntington Avenue. (Related Items: 16-52, 
               16R-111)
               Fact Sheet (6639K)

43)  16-53     Change of Zone 16010 - Application of Lancaster County Board 
               of Commissioners for a change of zone from R-4 Residential 
               District to B-3 Commercial District on property generally 
               located at 2201 South 17th Street. (Related Items 16-53, 
               16R-110)
               Fact Sheet (4781K)

44)  16R-110   Approving a Development and Conditional Zoning Agreement 
               between the City of Lincoln, Nebraska and the County of 
               Lancaster, Nebraska to restrict use of the property under 
               the proposed Change of Zone No. 16010 on property generally 
               located at 2201 South 17th Street. (Related Items 16-53, 
               16R-110)
               Fact Sheet (20K)
               Attachment (1082K)

45)  16-54     Change of Zone 16015 - Application of Capitol Group, Inc. 
               for a change of zone from B-1 Local Business District to B-2 
               Planned Neighborhood Business District on property generally 
               located at 1404 Superior Street.
               Fact Sheet (1420K)

46)  16-55     Approving a Lease Agreement between the City of Lincoln and 
               Silver Properties, LLC for a lease of space for a one-year 
               term for use by the Lincoln Police Department.
               Fact Sheet (238K)
               Attachment (453K)


PENDING LIST - DATE CERTAIN

47)  16R-69    Ordering construction of sidewalks along the west side of 
               48th Street from Holdrege to Leighton Street where sidewalks 
               currently do not exist. (4/11/16 - Placed on Pending until 
               5/16/16) (5/16/16 - Placed on Pending for 2 weeks to 6/6/16)
               Fact Sheet (27K)

48)  16-40     Amending Section 9.24.110 of the Lincoln Municipal Code to 
               allow electrically charged fences to be installed for security 
               purposes in association with the use of an alarm system; and 
               repealing Section 9.24.110 of the Lincoln Municipal Code as
               hitherto existing. (5/2/16 - Public hearing cont'd to 07/11/16)
               Fact Sheet (8496K)


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 MAY, 
     OPEN MICROPHONE SESSIONS WILL BE HELD ON MAY 9TH 16TH & 23RD.
     (5/9/16 - Due to severe weather on May 9th, the Open Microphone 
     Session was delayed to May 16th.)


ADJOURNMENT    6:36 P.M.


UPCOMING HEARINGS - NONE

                                  ***
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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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