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Formal Agenda


           ACTION FROM  THE  REGULAR  CITY  COUNCIL  MEETING  HELD
                      MONDAY, JULY 25, 2016 AT 5:30 P.M.

                      ALL MEMBERS PRESENT EXCEPT RAYBOULD


                       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-149   Appointing Michael Hatten to the StarTran Advisory Board for a 
               term expiring October 20, 2017. (ADOPTED, 6-0; A-89877)
               Attachment (165K)

 2)            Report from City Treasurer of Franchise Fees from Black Hills 
               Corporation for the Month of May, 2016. (PLACED ON FILE)

 3)            Report from City Treasurer of 911 Surcharges for the Month of 
               April and May, 2016. (PLACED ON FILE)

 4)            Lincoln Electric System Financial and Operating Statement for 
               June, 2016. (PLACED ON FILE)

 5)            Clerk's Letter and Mayor's Approval of Resolution and Ordinances 
               Passed by City Council on July 11, 2016. (PLACED ON FILE)

 6)            Nebraska Surface Transportation Program 2017 - 2022 Fiscal 
               Year. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 7)            THE FOLLOWING WERE REFERRED TO PLANNING DEPT.:
               Change of Zone No. 16021, requested by Nebraska Malt, LLC, from 
               H-3 (Highway Commercial District) to I-1 (Industrial District), 
               on property generally located at 3255 South 10th Street, which 
               is not zoned I-1 Industrial District, but which is zoned H-3 
               Highway Commercial District.
               Text Amendment No. 16007, requested by Lincoln-Lancaster County 
               Planning Department, amending Sections 27.02.030, 27.02.040, 
               27.02.080, 27.02.090, 27.02.140, 27.02.160, 27.02.170, 27.02.220, 
               27.06.060, 27.06.090, and 27.06.170; Chapter 27.28; Sections 
               27.28.020, 27.60.060, 27.61.090, 27.62.030, 27.62.040, 27.63.430,
               27.63.590, 27.65.020, 27.65.060, 27.65.075, 27.67.030, and 
               27.67.040; Figures 27.67.020 and 27.67.040; Sections 27.69.035, 
               27.72.080, and 27.72.190 of the Lincoln Municipal Code, and 
               revising the term "church" to "place of religious assembly" where 
               it appears throughout Title 27, including but not limited to
               amendments to the definitions, parking regulations, height and lot 
               regulations, and special permits regulations, adding a new Section 
               27.63.065, and repealing Sections 21.52.010, 27.63.430, and 
               27.63.590, of the Lincoln Municipal Code as hitherto existing.
               Text Amendment No. 16008, requested by Lincoln- Lancaster County 
               Planning Department, amending Title 27 of the Lincoln Municipal 
               Code ("Zoning Code")  by amending Section 27.02.080 to revise the 
               definition of Garage, Private; by amending Section 27.72.120 to
               provide a maximum height of 15 feet for accessory buildings not 
               part of a main building which extend into the required side yard 
               in the listed zoning districts, and to establish the maximum 
               allowable area for accessory buildings on single-family or 2-family 
               lots or tracts in the AG, AGR and R-1 to R-8 Zoning districts , 
               Lincoln, Lancaster County, Nebraska.

 8)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 16038, to Special Permit #585C, Quail 
               Valley CUP, approved by the Planning Director on July 12, 2016, to 
               permit a rear yard of three feet for an unenclosed deck on Lot 5,
               Block 2, Quail Valley, generally located at 5411 Old Lodge Court.
               Administrative Amendment No. 16042, to Special Permit 1993, Solid 
               Rock Gymnastics, approved by the Planning Director on July 13, 2016, 
               to allow construction of a building addition, generally located at 
               610 Hill Street.
               Administrative Amendment No. 16046, to Special Permit #110CO, 
               Veterinary Facility, approved by the Planning Director on July 13, 
               2016, to rescind Special Permit #110CO, generally located at S. 
               120th Street and Yankee Hill Road.
               Administrative Amendment No. 16029, to Special Permit #1423J, 
               HiMark CUP, approved by the Planning Director on July 14, 2016, to 
               revise the lot layout on Himark Lane to accommodate a new golf cart 
               path along with a revised grading and drainage plan which includes 
               a new detention cell, generally located at Himark Lane and 
               Pioneers Boulevard.          

 9)       MISCELLANEOUS REFERRALS - NONE.

                     - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

10)            Application of Empyrean Brewing Co. dba Lazlo's Brewery & Grill   
               Haymarket for a deletion to their license premise by eliminating 
               710 P Street, 1st floor measuring approximately 25 feet by 142 
               feet, plus loft measuring approximately 25 feet by 73 feet. 
               (ADOPTED FOR APPROVAL, 6-0; A-89878)
               Class CK Deletion App
               Class LK Deletion App

11)            Application of Ploughshare Brewing Co., LLC dba Ploughshare Brewing 
               Co. to expand its Class C liquor license by the addition of an 
               outdoor area measuring approximately 45 feet by 25 feet to the east 
               located at 1630 P Street. (ADOPTED FOR APPROVAL, 6-0; A-89879)

12)            Application of Rachel Rice-Matson dba Top Hat Tavern for a special 
               designated license to cover an indoor area measuring approximately 
               32 feet by 35 feet and an outdoor area measuring approximately 44 
               feet by 60 feet at 736 West Cornhusker Highway on August 6, 2016 
               from 2:00 p.m. to 1:00 a.m. (PUBLIC HEARING & ACTION CONT'D TO 
               8/1/16, 6-0)

13)            Application of Fani Deligiannis dba Annunciation Greek Orthodox 
               Church for a special designated license to cover an outdoor area 
               measuring approximately 230 feet by 116 feet at 950 North 63rd 
               Street on August 26, 2016 from 4:00 p.m. to 10:00 p.m. and August 
               27, 2016 from 11:00 a.m. to 10:00 p.m. (ADOPTED FOR APPROVAL, 
               6-0; A-89880)


PUBLIC HEARING - RESOLUTIONS

14)  16R-147   Approving an amendment to the West Haymarket Entertainment District 
               boundaries to reduce the north boundary from the north curb line 
               to the south curb line of R Street when not in use. (MTA #1 ADOPTED, 
               6-0; ADOPTED AS AMENDED, 6-0; A-89881) 
               Fact Sheet (341K)
               Attachment (1210K)
               Motion To Amend (20K)
               Motion To Amend Attachment (1019K)

15)  16R-148   Approving an Amendment to the Agreement between the City of Lincoln 
               on behalf of the Lincoln-Lancaster County Health Department and the 
               Nebraska Department of Environmental Quality for the Health 
               Department's Air Quality Program 105 Grant Workplan to provide an
               additional $30,000.00 for the purchase of SO2 monitoring equipment 
               and related software. (ADOPTED, 6-0; A-89882)
               Fact Sheet (270K)
               Attachment (349K)

16)  16R-150   Approving a resolution for the signing of an Interlocal Agreement 
               between the City of Lincoln and Lancaster County for the construction 
               of roadway improvements and paving on Rokeby Road from 84th to 98th 
               Street for Lincoln Electric System. (ADOPTED, 6-0; A-89883)
               Fact Sheet (317K)
               Attachement (405K)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
        (ITEMS 17 THRU 24 HAD 2ND READING)

17)  16-56     Creating Re-Paving District 159 in Saunders Avenue from 12th Street 
               to 14th Street and assessing the costs thereof against the
               benefitted properties.
               Fact Sheet (263K)

18)  16-71     Change of Zone 16018 - Application of St. Patrick Catholic Church 
               for a change of zone on Lots 1-18, Block 44, Havelock from O-3 
               Office Park District to R-4 Residential District and to designate 
               Lots 1-18, Block 44 and Lots 1-7, Block 61, Havelock as an R-4 
               Planned Unit Development District on property generally located 
               at 6111 Morrill Avenue.  
               Fact Sheet (3369K)                       

19)  16-72     Change of Zone 16019 - Application of Frieda Buskirk for a change 
               of zone from I-1 Industrial District to R-T Residential Transition              
               District on property generally located at 1430 South Folsom Street.
               Fact Sheet (2421K)

20)  16-73     Street & Alley Vacation 16003 - Vacating a portion of the west one-
               half of South 98th Street right-of-way south of the intersection 
               with Andermatt Drive.
               Fact Sheet (2462K)
               Attachment (291K)

21)  16-74     Approving the Second Management Agreement for Pinnacle Bank Arena 
               between the City of Lincoln and SMG for the operation and 
               management of Pinnacle Bank Arena and other Facilities for a three 
               year term commencing September 1, 2016 with the option to renew for   
               one additional three year term.  
               Fact Sheet (24K)
               Attachment (17469K)   

22)  16-75     An Ordinance amending Section 1 of Ordinance No. 20341 which only 
               included a portion of Lot 102 Irregular Tract, located in the 
               Southeast Quarter of Section 29, Township 10 North, Range 6 East of
               the 6th P.M., Lincoln, Lancaster County, Nebraska to revise the 
               legal description of the annexation to include all of said Lot 102 
               I.T. to conform to the Corporate Limits Map attached to and made a 
               part of Ordinance No. 20341.
               Fact Sheet (22K)

23)  16-76     An Ordinance amending Section 2 of Ordinance No. 20342 which only 
               included a portion of Lot 102 Irregular Tract, located in the 
               Southeast Quarter of Section 29, Township 10 North, Range 6 East 
               of the 6th P.M., Lincoln, Lancaster County, Nebraska to revise the 
               legal description of Change of Zone 15036 to include all of said Lot 
               102 I.T. as intended by the Request for Ordinance and Fact Sheet for 
               said Change of Zone.
               Fact Sheet (20K)

24)  16-77     Amending Chapter 8.32 of the Lincoln Municipal Code to increase 
               recycling in Lincoln by requiring waste haulers to offer curbside 
               recycling service to customers, diverting corrugated cardboard and
               other paper recyclables away from the landfill, increasing capacity 
               of the free City recycling drop off sites, improving data tracking 
               on recycling, and implementing a community wide recycling education 
               campaign.
               Fact Sheet (414K)

                     - END PUBLIC HEARING -


ORDINANCES - 3RD READING & RELATED RESOLUTIONS

25)  16-68     Change of Zone 16017 - Application of Board of Regents for the 
               University of Nebraska and the City of Lincoln for a change of zone 
               from R-2 Residential to P Public, from R-4 Residential to P Public, 
               from R-5 Residential to P Public, from R-6 Residential to P Public, 
               from I-1 Industrial to P Public, from B-3 Commercial to P Public, 
               from R-6 Residential to P Public, and from P Public to R-6
               Residential to cleanup the zoning map to reflect current ownership 
               and use on property generally located at UNL East Campus from 27th 
               to 46th Street along Leighton Avenue, and including land at 33rd and 
               Holdrege Streets. (PASSED, 6-0; #20353)
               Fact Sheet (2343K)  

26)  16-69     Annexation 16007 - Amending the Lincoln Corporate Limits Map by 
               annexing approximately 92.5 acres of property generally located south 
               of Yankee Hill Road and north of Rokeby Road, between South 27th and 
               South 40th Streets. (PASSED, 6-0; #20354)
               Fact Sheet (2953K)
               Attachment (359K)

27)  16-70     Approving a Real Estate Sales Agreement between the City of Lincoln 
               and Brock A. and Kiley S. Shuler for the sale of City owned property
               generally located at 1732 North 28th Street. (MTA #1 ADOPTED, 6-0; 
               PASSED AS AMENDED, 6-0; #20355)
               Fact Sheet (436K)
               Attachment (1523K)
               Motion To Amend (7K)


RESOLUTION - FOR ACTION ONLY

28)            Application of SMG Food & Beverage, LLC for a special designated 
               license to cover an outdoor area measuring approximately 329 feet by 
               240 feet and 22 inches at Pinnacle Bank Arena at 400 Pinnacle Arena 
               Drive on August 5, 2016 from 8:00 a.m. to 2:00 a.m. (7/18/16 -  
               Action delayed 1 week to 7/25/16) (ADOPTED FOR APPROVAL, 6-0; 
               A-89884)
               Event Application


RESOLUTIONS - 1ST READING (ITEMS 29 THRU 32 HAD 1ST READING)

29)  16R-151   Accepting the report of new and pending claims against the City and 
               approving disposition of claims set forth for the period of July 
               1-15, 2016.
               Fact Sheet (30K)
               Attachment (61K)

30)  16R-152   Approving a Contract between the City of Lincoln and Nebraska Soybean 
               Board for Biodiesel Subsidy Program (StarTran), pursuant to Quote No. 
               5358, for a term beginning upon execution of the contract through
               December 2, 2017 with the option to renew for three additional one 
               year terms. (Consent)
               Fact Sheet (298K)
               Attachment (3922K)

31)  16R-153   Approving the use of public right-of-way by Union College for 
               construction of seating walls, columns, arches, lighting features, 
               and monument walls at South 48th Street and Prescott Avenue.
               Fact Sheet (309K)
               Attachment (1219K)

32)  16R-154   Approving a Contract between the City of Lincoln and Selectron 
               Technologies, Inc. for an Integrated Interactive Voice Response 
               System, pursuant to RFP 16-102, for a four year term with the option 
               to renew for one additional one year term.
               Fact Sheet (298K)
               Attachment (2418K)


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (ITEM 33 HAD 1ST READING)

33)  16-78     Amending Section 12.08.270 of the Lincoln Municipal Code to expand 
               the list of outdoor and indoor city owned locations where alcoholic
               beverages can be served for specific activities and events.
               Fact Sheet (767K)


PENDING LIST - DATE CERTAIN (SEE ITEM 34)

34)  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) (6/6/16 - Public Hearing & Action 
               Cont'd to 8/1/16, 7-0) (Request to Withdraw) (WITHDRAWN, 6-0; 
               #38-4668)
               Fact Sheet (27K)


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


ADJOURNMENT  9:28 P.M.


UPCOMING HEARINGS

     Hearing date of Monday, August 1, 2016 at 3:00 p.m. on the 
     Application of Blue Blood Brewing Company, Inc. dba Blue Blood 
     Brewing Company to amend their Class C License for an addition 
     of an entire cave complex at 925 Robbers Cave.

     Hearing date of Monday, August 1, 2016 at 3:00 p.m. on the
     Application of Blue Blood Brewing Company, Inc. dba Blue Blood
     Brewing Company to amend their Class LK License for an addition
     of an entire cave complex at 925 Robbers Cave.

     Hearing date of Monday, August 1, 2016 at 3:00 p.m. on the
     Application of HeineGill Inc. dba Dish Restaurant for a Class I
     Liquor License at 1100 O Street.

     Hearing date of Monday, August 1, 2016 at 3:00 p.m. on the
     Application of Casey's Retail Company dba Casey's General Store
     #3515 for a Class D Liquor License at 110 NW 20th
     Street.

     Hearing date of Monday, August 1, 2016 at 3:00 p.m. on the
     Manager Application of Jeremiah D. Jorgensen for Sam's West Inc.
     dba Sam's Club #6413 at 4900 N. 27th Street. 

     Hearing date of Monday, August 1, 2016 at 3:00 p.m. on the
     Manager Application of Katrin Zimmerman for Sooners or Later Inc.
     dba Buffalo Wild Wings at 8701 Andermatt Drive. 

                                 ***

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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