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Formal Agenda



           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
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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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