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Formal Agenda


                                 
                                  
        ACTION FROM  THE  REGULAR  CITY  COUNCIL  MEETING  HELD
                MONDAY, AUGUST 1, 2016 AT 3:00 P.M.

                            PUBLIC NOTICE 
            AUGUST 8, 2016 - PUBLIC HEARING BUDGET SCHEDULE
       The Regular Meeting of the Council will begin at 2:30 p.m. 
       Public Hearing on the 1 & 6 Year Street & Highway Program, 
                        The Mayor's Recommended
 2016/18 Biennial Operating Budget, and Capital Improvement Program for
        2016 - 2018 immediately follows the Regular Council Meeting
                Dinner Break: 6:00 p.m. - Reconvene 6:30 p.m. 


                           ALL MEMBERS PRESENT


        MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF JUNE, 2016, 
                    PRESENTED TO OFFICER BRIAN WARD 
         IN THE CATEGORY OF CUSTOMER RELATIONS AND PRODUCTIVITY.


                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-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. (ADOPTED, 7-0; A-89885)
               Fact Sheet (298K)
               Attachment (3922K)

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


PETITIONS & COMMUNICATIONS

 3)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 16049 to Special Permit 
               #581, Candle Tree at Regency CUP, approved by the 
               Planning Director on July 21, 2016, to revise building 
               setbacks to 30' on the north and west, 50' on the 
               south and east, and 25' along Candletree Lane, in 
               order to reflect existing conditions; and to approve 
               a variance of one foot at identified points to 
               accommodate existing structures, generally located 
               at A Street and Regency Drive.


 4)       MISCELLANEOUS REFERRALS - NONE.

                     - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

 5)            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. (7/25/16 - Public Hearing &
               Action cont'd to 8/1/16) (ADOPTED FOR APPROVAL, 7-0; 
               A-89886)

 6)            Application of Casey's Retail Company dba Casey's
               General Store #3515 for a Class D liquor license at 
               110 Northwest 20th Street. (ADOPTED FOR APPROVAL, 
               7-0; A-89887)

 7)            Manager Application of Tina M. Krings for Casey's
               Retail Company dba Casey's General Store #3515 at 110
               Northwest 20th Street. (ADOPTED FOR APPROVAL, 
               7-0; A-89888)

 8)            Application of HeineGill, Inc. dba Dish Restaurant for
               a Class I liquor license at 1100 O Street. (ADOPTED 
               FOR APPROVAL, 7-0; A-89889)  

 9)            Manager Application of Marypat D. Heineman for
               HeineGill, Inc. dba Dish Restaurant at 1100 O Street.
               (ADOPTED FOR APPROVAL, 7-0; A-89890)

10)            Manager Application of Jeremiah D. Jorgensen for Sam's
               West, Inc. dba Sam's Club #6413 at 4900 North
               27th Street. (ADOPTED FOR APPROVAL, 7-0; A-89891)

11)            Manager Application of Katrin Zimmerman for Sooners or
               Later, Inc. dba Buffalo Wild Wings at 8701 Andermatt
               Drive. (ADOPTED FOR APPROVAL, 7-0; A-89892)

12)            Application of Blue Blood Brewing Company, Inc. dba
               Blue Blood Brewing Company for an addition to their
               licensed premises to add the entire cave complex at 925
               Robbers Cave Road. (ADOPTED FOR APPROVAL, 7-0; A-89893)

13)            Application of SMG Food & Beverage, LLC for a special
               designated license to cover an outdoor area measuring
               approximately 176 feet by 83 feet by 56 feet, labeled
               Stadium Terrace, an outdoor area measuring
               approximately 1,222 feet by 490 feet, labeled Festival
               Space, and an outdoor area measuring approximately
               2,082 feet by 18 feet, labeled Pedestrian Bridge, at
               Pinnacle Bank Arena at 400 Pinnacle Arena Drive on
               August 18, 19, & 20, 2016 from 11:00 a.m. to 1:00 a.m.
               (ADOPTED FOR APPROVAL, 7-0; A-89894)

14)            Application of Down the Hatch, Inc. for a special
               designated license to cover an outdoor area measuring
               approximately 30 feet by 80 feet at 5601 Northwest
               1st Street on August 13, 2016 from noon to 8:00 p.m.
               (PUBLIC HEARING & ACTION CONT'D TO 8/8/16, 7-0)

15)            Application of Empyrean Brewing Co. for a special
               designated license to cover an indoor area measuring
               approximately 70 feet by 70 feet and an outdoor area
               measuring approximately 50 feet by 50 feet at 300 
               South 7th Street on August 18, 2016 from 5:00 p.m.
               to 11:00 p.m. (ADOPTED FOR APPROVAL, 7-0; A-89895)


PUBLIC HEARING - RESOLUTIONS

16)  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. (AMENDED, 7-0; 
               ADOPTED AS AMENDED, 7-0; A-89896)
               Fact Sheet (30K)
               Attachment (61K)

17)  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. (ADOPTED, 7-0; 
               A-89897)
               Fact Sheet (309K)
               Attachment (1219K)

18)  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. (PUBLIC HEARING & ACTION 
               CONT'D TO 9/12/16, 7-0)
               Fact Sheet (298K)
               Attachment (2418K)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
       (ITEM 19 HAD 2ND READING)

19)  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)
               Motion To Amend (20K)

                     - END PUBLIC HEARING -


ORDINANCES - 3RD READING & RELATED RESOLUTIONS

20)  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.
               (PASSED, #20356)
               Fact Sheet (263K)

21)  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. (PASSED, 
               #20357)
               Fact Sheet (3369K)
          
22)  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.
               (PASSED, #20358)
               Fact Sheet (2421K)

23)  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.
               (PASSED, #20359)
               Fact Sheet (2462K)
               Attachment (291K)

24)  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. (PASSED, #20360)     
               Fact Sheet (24K)
               Attachment (17469K)

25)  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. (PASSED, #20361)
               Fact Sheet (22K)

26)  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. (PASSED, #20362)
               Fact Sheet (20K)

27)  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. (Request to delay action 2 weeks to 
               8/15/16) (MTA #1 ADOPTED, 4-3; ESKRIDGE, GAYLOR BAIRD, 
               RAYBOULD DISSENTING; MTA #2 ADOPTED, 6-1; RAYBOULD 
               DISSENTING; PASSED AS AMENDED, 4-3; ESKRIDGE, GAYLOR BAIRD, 
               RAYBOULD DISSENTING; #20363)
               Fact Sheet (414K)

                                                       
RESOLUTIONS - 1ST READING  (ITEMS 29 THRU 44 HAD 1ST READING)

28)  16R-155   Approving the One and Six Year Street and Highway
               Program, the 2016-2018 City of Lincoln Biennial Budget
               and the Capital Improvement Program for FY 2016-2018.
               (Action Date: 8/22/16)
               Fact Sheet (256K)
               Attachment (940K)

29)  16R-156   Approving the updated fees associated with Lincoln
               Municipal Code Chapter 5.41 Salvage, Recycling, and
               Composting Operations, including salvage operations;
               recycling processing center operations; recycling
               center operations; recycling drop-off operations; and
               commercial composting operations. (Action Date:
               8/08/16)
               Fact Sheet (297K)

30)  16R-157   Approving the updated fees associated with Lincoln
               Municipal Code Chapter 8.06 Air Pollution, including
               open burning permits. (Action Date: 8/08/16)
               Fact Sheet (270K)

31)  16R-158   Approving the updated fees associated with Lincoln
               Municipal Code Chapter 8.08 Body Art Establishments,
               including body art establishment permits; body art
               practitioner permits; and reinstatement fees. (Action 
               Date: 8/08/16)
               Fact Sheet (297K)

32)  16R-159   Approving updated fees associated with Lincoln Municipal 
               Code Chapter 8.14 Child Care Programs, including plan 
               review for new programs; fee for certificate of compliance 
               (initial and renewal); and suspended certificate of 
               compliance reinstatement fee. (Action Date: 8/08/16)
               Fact Sheet (294K)

33)  16R-160   Approving updated fees associated with Lincoln Municipal 
               Code Chapter 8.20 Lincoln Food Code, including food 
               establishment permits; mobile food units; food catering 
               services; temporary food establishments; reinstatement 
               fees; and food handler and food manager permit fees. 
               (Action Date: 8/08/16)
               Fact Sheet (301K)

34)  16R-161   Approving updated fees associated with Lincoln Municipal 
               Code Chapter 8.24 Noise Control Ordinance, including 
               noise variances. (Action Date: 8/08/16)
               Fact Sheet (268K)

35)  16R-162   Approving updated fees associated with Lincoln Municipal 
               Code Chapter 8.32 Solid Wastes, including special waste 
               permit fees. (Action Date: 8/08/16)
               Fact Sheet (281K)

36)  16R-163   Approving updated fees associated with Lincoln Municipal 
               Code Chapter 8.38 Public Swimming Pools Ordinance, 
               including swimming pool permit fees; new permit/plan 
               review; renewal, additional spa; Lincoln swimming pool 
               operator; and Lincoln pool water quality tester certificate 
               fees. (Action Date: 8/08/16)
               Fact Sheet (311K)

37)  16R-164   Approving updated fees associated with Lincoln Municipal 
               Code Chapter 8.44 Water Wells, including water well 
               construction permits; annual water well permits; water 
               well repair permit; and variance application. (Action 
               Date: 8/08/16)
               Fact Sheet (290K)

38)  16R-165   Approving updated fees associated with Lincoln Municipal 
               Code Chapter 24.38 Onsite Wastewater Treatment Systems, 
               including onsite wastewater treatment system construction 
               permit; onsite wastewater system repair permit; liquid 
               waste haulers cleaner's permit; registration certificate 
               for master installer, journeyman installer, inspector, 
               soil evaluator, and multiple category; permit extension 
               fee; variance fee; reinstatement fee; and development area 
               review fees which includes a base fee, per lot fee, and a 
               maximum combined base and per lot fee.(Action Date: 8/08/16)
               Fact Sheet (346K)

39)  16R-166   Approving updated fees associated with Lincoln Municipal 
               Code Chapter 24.42 Regulation of Property Transfers with 
               Onsite Systems Code, including evaluation and review of 
               property transfer inspector reports; and property transfer 
               inspector permit fees, which includes onsite wastewater 
               treatment system property transfer inspector (OWWTS), 
               onsite waste supply system property transfer inspector 
               (OWSS), or both the OWWTS and OWSS permits. (Action Date:
               8/08/16)
               Fact Sheet (332K)

40)  16R-167   Approving updated fees associated with Lincoln Municipal 
               Code Chapter 28.02 Regulations for Illicit Discharges, 
               including right of entry; inspection and detection; and 
               inspection fees. (Action Date: 8/08/16)
               Fact Sheet (330K)

41)  16R-168   Adopting the proposed amended Fee Schedule for application 
               reviews under Chapter 14.20, Title 26, and Title 27 of 
               the Lincoln Municipal Code and amendments to the Lincoln-
               Lancaster County Comprehensive Plan, and the implementation 
               of a portion of the fee supporting technology improvements 
               associated with application reviews and Comprehensive Plan 
               amendment, with an effective date of October 3, 2016.(Action 
               Date: 8/08/16)
               Fact Sheet (573K)
               Attachment (459K)

42)  16R-169   Adopting a new fee schedule to increase the landfill user 
               fee from $17.75 per ton to $20.75 per ton, effective January 
               1, 2017 and to increase the landfill user fee from $20.75 
               per ton to $23.75 per ton, effective January 1, 2018.(Action 
               Date: 8/08/16)
               Fact Sheet (396K)

43)  16R-170   Establishing a new rate schedule for customers of the Lincoln 
               Wastewater System for purposes of covering the System's 
               operational and maintenance costs including debt service and 
               the Capital Improvements Program for FY 2016/2017 and FY 
               2017/2018. (Action Date: 8/08/16)
               Fact Sheet (423K)

44)  16R-171   Establishing a new rate schedule for the Lincoln Water System 
               for purposes of covering the System's operational and maintenance 
               costs including debt service and the Capital Improvements Program 
               for FY 2016/2017 and FY 2017/2018.(Action Date: 8/08/16)
               Fact Sheet (406K)


ORDINANCES - 1ST READING & RELATED RESOLUTIONS
       (ITEMS 45 AND 46 HAD 2ND READING)

45)  16-79     Approving the close out of completed construction projects and 
               transfer of unspent appropriations and cash (if any) from various 
               projects to projects where additional funding is needed within
               the Public Works & Utilities Department, the Parks & Recreation 
               Department, and the Urban Development Department.
               Fact Sheet (276K)

46)  16-80     Amending Section 8.32.150 of the Lincoln Municipal Code to 
               increase the occupation tax from $11.00 per ton to $12.00 per 
               ton, effective January 1, 2017 and to increase the occupation 
               tax from $12.00 per ton to $13.00 per ton, effective January 1, 
               2018.
               Fact Sheet (376K)



PENDING LIST - DATE CERTAIN - NONE


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 AUGUST, OPEN MICROPHONE SESSIONS WILL BE HELD ON
     AUGUST 15TH & 29TH.


ADJOURNMENT   5:34 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
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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