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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, SEPTEMBER 19, 2016 AT 3:00 P.M. ALL MEMBERS PRESENT A SPECIAL PUBLIC HEARING SHALL BE HELD ON MONDAY, SEPTEMBER 19, 2016 AT 3 P.M. FOR SETTING A TAX RATE TO SET THE TAX REQUEST AT AN AMOUNT DIFFERENT THAN THE PROPERTY TAX REQUEST FOR THE PRIOR YEAR ON THE FOLLOWING RESOLUTION 1) 16R-204 Approving the 2016-2017 City tax rate of 0.32194 per $100.00 of assessed valuation. (ADOPTED, 4-3; ESKRIDGE, GAYLOR BAIRD, RAYBOULD DISSENTING; A-89979) Fact Sheet (227K) PUBLIC HEARING - RESOLUTIONS 2) 16R-205 Approving a transfer of appropriations in the amount of $30,000.00 from Miscellaneous Budget/Contingency to General Expense/Legal Services to cover anticipated legal fees related to a dispute regarding the 2016-2018 City Budget and related property tax rate for the 2016- 2017 fiscal year. (MOTION TO MOVE ITEM TO BE A NEW ITEM 21a, 7-0) Fact Sheet (239K) RESOLUTION - FOR ACTION ONLY 3) 16R-190 Approving the 2016-2017 City tax rate of 0.33366 per $100.00 of assessed valuation.(9/12/16 - Action delayed 1 week to 9/19/16)(LOST, 3-4; CAMP, CHRISTENSEN, FELLERS, LAMM DISSENTING;
A-89980#38-4672) Fact Sheet (250K) PUBLIC HEARING - CONSENT AGENDA Anyone wishing to address an item on the Consent Agenda may do so at this time REPORTS OF CITY OFFICERS 4) 16R-199 Approving a Contract among the City of Lincoln, Lancaster County, and Industrial Services, Inc. for the annual services for dead animal removal, pursuant to Bid No. 16-159, for a four year term with the option to renew for one additional four year term. (ADOPTED, 7-0; A-89981) Fact Sheet (292K) Attachment (7607K) 5) 16R-201 Approving an Interlocal Agreement between the City of Lincoln and Lancaster County for purchases made with DHS 2015 Grant Year funds from the Southeast Region Planning, Exercise, and Training Group with Lancaster County acting as the Fiscal Agent for Southeast Region. (ADOPTED, 7-0; A-89982) Fact Sheet (283K) Attachment (3059K) 6) Lincoln Electric System Semi-Annual Financial Highlights Ending June 30, 2016.(PLACED ON FILE) 7) Report from City Treasurer of 911 Surcharges for the Month of August, 2016.(PLACED ON FILE) 8) Report from City Treasurer of Franchise Fees from Black Hills Corporation for the Month of July, 2016. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 9) Setting the hearing date of Monday, October 3, 2016 at 3:00 p.m. on the Application of Countryview Studios Inc., dba Art and Soul for an addition of an outdoor area measuring approx. 78' X10' to the east of their licensed premise at 5740 Hidcote Dr.(ADOPTED, 7-0; A-89983) 10) Setting the hearing date of Monday, October 3, 2016 at 3:00 p.m. on the Application of Kill Screen Inc., dba VS Arcade Bar for a Class CK Liquor License at 247 N 8th Street. (ADOPTED, 7-0; A-89984) 11) Setting the hearing date of Monday, October 3, 2016 at 3:00 p.m. on the Manager Application of Chad Taylor for WFM Nebraska LLC dba Whole Foods Market at 6055 O Street. (ADOPTED, 7-0; A-89985) 12) Setting the hearing date of Monday, October 3, 2016 at 3:00 p.m. on the Manager Application of Russell D. Scott for Nebraska Dining Holding, LLC dba Noodles & Company #7102 at 2801 Pine Lake Road, Suite X, Noodles & Company #7103 at 210 North 14th Street, Noodles & Company #7105 at 5001 O Street. (ADOPTED, 7-0; A-89986) 13) REFERRED TO THE PLANNING DEPARTMENT: Special Permit No.1013K, requested by Baylor Evnen, LLP, to allow for the operation of a kennel facility with an outdoor area, on property generally located at 5930 South 57th Street. Special Permit No. 300C, requested by Jeff Monzu, to amend an existing Special Permit to allow for reconstruction of a non-conforming facility and to increase the allowable square footage from 22,300 square feet to 32,000 square feet; an increase in allowable parking from 57 stalls to 88 stalls; and an increase in allowable members residing on the premises from 80 members to 88 members plus a housemother, on property generally located at 3601 Apple Street. Combined Special Permit Use Permit No. 11I, requested by Clark Anderson, to add a special permitted use for a Culinary Academy, on property generally located at 6800 South 32nd Street. Change of Zone No. 16025, requested by Civil Design Group, Inc., from AG (Agricultural District) to AGR (Agricultural Residential District), on 2.85 acres, more or less, on property generally located at South 60th Street and Wittstruck Road. 14) MISCELLANEOUS REFERRALS - NONE - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 15) Manager Application of Chadwick W. Fisher for Yin Family, LLC dba Hiro 88 at 601 R Street, Suite 100. (ADOPTED FOR APPROVAL, 7-0; A-89987) 16) Application of Zipline Brewing Co., LLC dba Zipline Brewing Co. to expand its Class L liquor license by the addition to the area of a new licensed area described as entire L shaped single story building measuring approximately 120 feet by 198 feet including outdoor area measuring approximately 12 feet by 40 feet at 2100 Magnum Circle, Suite 1. (ADOPTED FOR APPROVAL, 7-0; A-89988) 17) Application of Zipline Brewing Co. for a special designated license to cover an indoor area measuring approximately 200 feet by 120 feet and an outdoor area measuring approximately 170 feet by 72 feet at 2100 Magnum Circle, Suite 1 on September 24, 2016 from 1:00 p.m. to 10:00 p.m.(ADOPTED FOR APPROVAL, 7-0; A-89989) 18) Application of BDF, LLC for a special designated license to cover an outdoor area measuring approximately 350 feet by 350 feet at 605 North 8th Street on October 8, 2016 from noon to 11:00 p.m. (PUBLIC HEARING AND ACTION CONT'D TO 9/26/16, 7-0) PUBLIC HEARING - RESOLUTIONS 19) 16R-200 Approving an Agreement between the City of Lincoln and Bridge Behavioral Health for the provision of protective custody services for those individuals with alcohol and drug abuse problems and for space for the Lincoln Police Department to conduct chemical testing and related services for a two year term from October 1, 2016 through September 30, 2018. (ADOPTED, 7-0; A-89990) Fact Sheet (246K) Attachment (3084K) 20) 16R-202 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of August 16-31, 2016. AMENDED TO REMOVE CLAIM OF SANDRA ROBERST FROM LIST OF DENIED CLAIMS, 7-0; ADOPTED AS AMENDED, 7-0; A-89991) Fact Sheet (30K) Attachment (57K) 21) 16R-203 Approving a Lower Platte River Consortium Agreement between the City of Lincoln, Metropolitan Utilities District, Nebraska Department of Natural Resources, Lower Platte South NRD, Lower Platte North NRD, and Papio-Missouri River NRD to study long-term water supplies available to the lower subbasin for enhancing streamflows or aquifer storage to support sustainable public water systems. (ADOPTED, 7-0; A-89992) Fact Sheet (17K) Attachment (1414K) 21a) 16R-205 Approving a transfer of appropriations in the amount of $30,000.00 from Miscellaneous Budget/Contingency to General Expense/Legal Services to cover anticipated legal fees related to a dispute regarding the 2016-2018 City Budget and related property tax rate for the 2016- 2017 fiscal year. (ADOPTED, 6-1; RAYBOULD DISSENTING; A-89993) Fact Sheet (239K) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (ITEM 22 AND 23 HAD 2ND READING) 22) 16-91 Approving a Real Estate Sales Agreement between the City of Lincoln and Jeffrey K. Barclay for the sale of City owned property generally located at 801 South 27th Street. Fact Sheet (519K) Attachment (1939K) 23) 16-92 Accepting and approving the Lease Agreement between the City of Lincoln and Lancaster County Adult Probation Services for the lease of office space in the Municipal Service Center located at 901 West Bond Street to Lancaster County Adult Probation for an initial term beginning July 1, 2016 through June 30, 2018. Fact Sheet (237K) Attachment (966K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS - NONE RESOLUTION - FOR ACTION ONLY 24) 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. (8/1/16 - Action delayed to 9/12/16) (9/12/16 - Action delayed 1 week to 9/19/16) (ADOPTED, 7-0; A-89994) Fact Sheet (298K) Attachment (2418K) RESOLUTIONS - 1ST READING (ITEMS 25 THRU 27 HAD 1ST READING) 25) 16R-206 Reappointing Jack Coogan, Phillip Nalley, and Rachel Warman to the Air Pollution Advisory Board for terms expiring September 1, 2019. (Consent) 26) 16R-207 Authorizing the Mayor to execute a Municipality Program Agreement between the City of Lincoln and the State of Nebraska Department of Roads (NDOR) to include the City's improvements of 27th Street at the Interstate 80 Interchange between the On and Off ramps with their project No. IM-80-9(74) - CN 13111. Fact Sheet (328K) Attachment (2344K) 27) 16R-208 A resolution declaring the second Monday in October as Indigenous Peoples' Day in the City of Lincoln and encouraging other institutions to recognize the Day. Fact Sheet (244K) ORDINANCES - 1ST READING & RELATED RESOLUTIONS (ITEM 28 HAD 1ST READING) 28) 16-94 Amending Chapters 2.62, 2.65, and 2.66 of the Lincoln Municipal Code with Tax-Qualified Plan language to obtain a new favorable letter of determination from the Internal Revenue Service. Fact Sheet (322K) 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 SEPTEMBER, OPEN MICROPHONE SESSIONS WILL BE HELD ON SEPTEMBER 12TH & 26TH. ADJOURNMENT 5:26 P.M. UPCOMING HEARINGS Hearing date of Monday, September 26, 2016 at 5:30 p.m. on the Application of Code Beer Co. LLC dba Code Beer Co. for Class I and Class LK Liquor Licenses at 200 S. Antelope Valley Parkway. Hearing date of Monday, September 26, 2016 at 5:30 p.m. on the Application of White Elm Brewing Company LLC dba White Elm Brewing Company for a Class C Liquor License at 2717 S. 8th Street, Suite 100. Hearing date of Monday, September 26, 2016 at 5:30 p.m. on the Application of White Elm Brewing Company LLC dba White Elm Brewing Company for a Class L Liquor License at 2717 S. 8th Street, Suite 100. Hearing Date of Monday, October 3, 2016, at 3:00 p.m. & place on the formal City Council Agenda the following: 16-93 Provide Authority to Create an Alley Repaving Dist. in 16th to 17th St., between G & H Streets and Assess the cost thereof against the benefitted property owners. *** 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.