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Formal Agenda


       ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, JULY 15, 2013 AT 3:00 P.M.

                 ALL MEMBERS PRESENT EXCEPT EMERY

                  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)            Assessment Resolutions for Board of Equalization, Group
               I to be held Monday, July 29, 2013 at 5:30 p.m.
               (APPROVED, 6-0)

 2)            Lincoln Airport Authority Resolution No. 575 stating
               that no tax levy should be made for airport purposes
               for the fiscal year beginning July 1, 2013. This being
               the 26th consecutive year no levy is required for the
               coming year.(Place on File)

 3)  13R-141   Reappointing Marthaellen Florence to the Library Board
               for a seven-year term expiring August 31, 2020.(ADOPTED,
               6-0;A-87418)

 4)            Clerk's Letter and Mayor's Approval of Resolutions and
               Ordinances passed by the City Council on June 24, 2013.
               (PLACED ON FILE)

 5)            Clerk's Letter and Mayor's Approval of Resolutions and
               Ordinances passed by the City Council on July 1, 2013.
               (PLACED ON FILE)

 6)            Clerk's Letter and Mayor's Approval of Resolution 
               A-87411 Adopted by the City Council on July 1, 2013.
               (PLACED ON FILE) 


PETITIONS & COMMUNICATIONS

 7)            REFERRALS TO THE PLANNING DEPARTMENT:
               Change of Zone No. 13013 - Requested by Peter Katt,
               from H-2 Highway Business District to B-3 Commercial
               District, on property generally located at N. 48th Street
               and R street(366 N. 48th Street).
               Special Permit No. 13024 - Requested by TMCO, for
               expansion of a nonconforming use, to adjust setback
               requirements on property generally located at S.
               6th Street and J Street (535 J Street).

 8)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 13013 approved by the
               Planning Director on June 28, 2013, requested by Center
               Associates, LLC, to extend the time for two years to
               install sidewalks and street trees for King Ridge
               Addition, Lots 3-8, on property located at N.27th St.
               and Folkways Blvd.  The improvements shall be completed
               by June 28, 2015.
               Administrative Amendment No. 13027 approved by the
               Planning Director on July 1, 2013, requested by Village
               Gardens Development Co., to extend the time for two
               years to install the sidewalks along non-major streets,
               a pedestrian sidewalk, street trees along a non-major
               street, trees along an improved major street and for a
               landscape screen along Pine Lake Rd. for Village
               Gardens 1st Addition, on property generally located
               at S. 56th St. and Pine Lake Rd.  The improvements
               shall be completed by July 1, 2015. 
               Administrative Amendment No. 13035 to Special
               Permit No. 1609, Paul VI Heights Community Unit Plan,
               approved by the Planning Director on July 1, 2013,
               requested by Progress for People LLC, to reduce the
               area of the community unit plan by removing the area
               west of N. 18th St.; realigning N. 18th St. and
               reducing the allowed density from57 dwelling units
               to 37 dwelling units on property generally located
               at N. 18th St. and Superior St. 
               Administrative Amendment No. 13046 to the Sevenoaks
               Community Unit Plan, Special Permit No. 808A, approved
               by the Planning Director on July 2, 2013, requested by
               Darren Murray, to reduce a portion of the rear yard
               setback to 17 feet to include an existing structure
               attached to the main building, on property generally
               located at S. 30th St. and Raleigh St. (6109
               S. 30th St.)


 9)    MISCELLANEOUS REFERRALS - NONE

                     - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

10)            Application of Yin Family LLC dba HIRO88 for a Class C
               liquor license at 601 R Street, Suite 100.(ADOPTED FOR
               APPROVAL,6-0; A-87419)

11)            Manager application of Milton Yin for Yin Family LLC
               dba HIRO88 at 601 R Street, Suite 100.(ADOPTED FOR 
               APPROVAL,6-0; A-87420)

12)            Application of Yin Family LLC dba HIRO88 for a Class
               E Entertainment District liquor license at 601 R Street,
               Suite 100.(ADOPTED FOR APPROVAL, 6-0; A-87421)

13)            Application of Big Red Hotel II LLC dba Hilton garden
               Inn Hotel for a Class I liquor license at 801 R Street.
               (PUBLIC HEARING CONT'D & ACTION DELAYED 1 WEEK TO 7/22,6-0)

14)            Manager application of John E. Klimpel for Big Red
               Hotel II LLC dba Hilton Garden Inn Hotel at 801 R Street.
               (PUBLIC HEARING CONT'D & ACTION DELAYED 1 WEEK TO 7/22,6-0)

15)            Application of Old Federal Place LLC dba Grand Manse
               for a special designated license for an area measuring
               27 feet by 260 feet to the north of the licensed
               premises at 129 North 10th Street on August 31,
               September 7, 14, 21; October 5; November 2, 16, 29,
               2013 from 8:00 a.m. to 2:00 a.m.(ADOPTED FOR APPROVAL,
               6-0; A-87422)

16)            Application of Lincoln Pub Group dba N Zone for a
               special designated license for an area measuring 50
               feet by 60 feet to the north of the licensed premises
               at 728 Q Street on August 31, September 7, 14, 21;
               October 5; November 2, 16, 29, 2013 from 8:00 a.m. to
               1:00 a.m.(ADOPTED FOR APPROVAL, 6-0; A-87423)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
               (ITEM 17 HAD 2ND READING)

17)  13-77     Amending the pay schedule for a certain employee
               group whose classifications are assigned to the
               pay range which is prefixed by the letter "A" by
               changing the title and pay range of the
               classification "Labor Supervisor II" to "District
               Supervisor."
               Fact Sheet (7K)
               Attachment (183K)


PUBLIC HEARING - RESOLUTIONS

18)  13R-140   Ordering Paving District No. 2631 constructed in
               Gladstone Street from 35th to 36th Streets and in 36th
               Street from Gladstone to Hartley Streets and assessing 	
               the cost thereof against the benefitted property.
               (ADOPTED, 6-0; A-87424) 
               Fact Sheet (11K)
               Attachment (61K)

19)  13R-142   Approving the renewal of an Agreement between the City
               on behalf of the Lincoln-Lancaster County Health
               Department and Consultants in Infectious Disease LLC
               for medical consultation services for the Health
               Department for a term of July 1, 2013 through June 30,
               2016.(ADOPTED, 6-0; A-87425)
               Fact Sheet (96K)
               Attachment (1192K)


ORDINANCE - 3RD READING - FOR PUBLIC HEARING & ACTION

20)  13-75     Approving an Agreement between the City of Lincoln
               and 1320 P LLC for a wall easement at 1320 P
               Street in conjunction with development of Civic
               Plaza, granting of a building restriction easement
               along the eastern boundary of the Civic Plaza, and
               providing an option for the development and
               operation of a sidewalk caf? in the southeastern
               area of the Civic Plaza. (7/1/13 - Public
               Hearing cont'd with Action on 7/22/13)
               Fact Sheet (126K)
               Attachment (3173K)

                       - END PUBLIC HEARING -


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)

21)  13-73     Authorizing the issuance, sale and deliver of
               Antelope Village Redevelopment Project Tax
               Allocation Bonds of the City of Lincoln, Nebraska.
               (MTA #1 ADOPTED, 6-0; PASSED AS AMENDED, 6-0; #19891)
               Motion To Amend (141K)

22)  13-74     Amending Section 5.04.165 of the Lincoln Municipal
               Code relating to open alcoholic beverage
               containers in motor vehicles by adding a new
               subsection (c) to classify a violation of this
               section as an infraction and prescribing the
               penalty for violation of that section consistent
               with state statutes.(PASSED, 6-0; #19892)
               Fact Sheet (45K)


1st Reading Ordinances & Resolutions - On the Agenda for Advance Notice Only
                     Public Hearing will occur on Second Reading


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
                  (ITEMS 23 THRU 30 HAD 1ST READING)

23)  13-78     Approving a lease agreement between Southeast
               Community College and the City of Lincoln for the
               lease by the City of 3,965 square feet of space at
               1111 O Street for purposes of Adult and Dislocated
               Worker and Youth Workforce Investment Act Services
               and the American Job Center for a term of October
               1, 2013 through September 30, 2017 with options to
               renew for two additional four year terms.
               Request to have 2nd & 3rd Reading on 7/22/2013)
               Fact Sheet (91K)
               Attachment (5860K)

24)  13-79     Annexation 13002 - Amending the Lincoln Corporate
               Limits Map by annexing approximately 24 acres
               generally located northeast of South 27th Street
               and Rokeby Road. (Related Items: 13-79, 13-80)
               Fact Sheet (1026K)
               Attachment (24K)

25)  13-80     Change of Zone 13011 - Application of Lincoln
               Federal Bancorp, Inc. for a change of zone from AG
               Agriculture District to R-3 Residential District
               on property generally located northeast of South
               27th Street and Rokeby Road.  (Related Items:
               13-79, 13-80)
               Fact Sheet (1449K)
               Attachment (144K)

26)  13-81     Text Amendment 13007 - Amending Title 27 of the
               Lincoln Municipal Code to define and regulate the
               use of outlots by amending Section 27.02.160 to
               add the definition of "outlot"; amending Section
               27.69.030 to provide signs may be erected and
               maintained on an outlot; and adding a new Section
               27.70.070 to establish permitted uses for an
               outlot.
               Fact Sheet (69K)

27)  13-82     Text Amendment 13009 - Amending Chapter 26.07 of
               the Lincoln Municipal Code (Land Subdivision
               Definitions) by amending Section 26.07.135 to
               revise the definition of "Outlot".
               Fact Sheet (64K)

28)  13R-158   Approving Amendment No. 1 to the Wilderness Heights
               Conditional Annexation and Zoning Agreement between the
               City and Lincoln Federal Bancorp, relating to the
               annexation of approximately 153 acres of property
               generally located on the east side of South 40th Street
               and south of Yankee Hill Road to define the Phase I
               Commercial Area of Wilderness Heights, and to clarify
               the requirements for the timing and construction of
               site related improvements to Yankee Hill Road, South
               40th Street and Hohensee, and Arterial Street
               Improvements to South 40th Street to accommodate
               development in the Phase I and Phase II Commercial
               Areas.  (Related Items: 13R-158, 13-83) (Action
               Date: 7/29/13)
               Attachment (279K)

29)  13-83     Change of Zone 07060A- Application of West Dodge
               Place to amend the Wilderness Heights Planned Unit
               Development to allow motorized vehicle sales and
               service, and to rezone a portion of the PUD from
               B-2 Planned Neighborhood Business District PUD to
               R-3 Residential, on property generally located at
               the southeast corner of South 40th Street and
               Yankee Hill Road. (Related Items: 13R-158, 13-83)
               Fact Sheet (4108K)

30)  13-84     Authorizing the execution and delivery of an
               Amended and Restated Facilities Agreement between
               the City of Lincoln, Nebraska and the West
               Haymarket Joint Public Agency and related matters.
               Attachment (1500K)


RESOLUTIONS - 1ST READING(ITEMS 31 THRU 46 HAD 1ST READING)

31)  13R-143   Approving the Amended and Restated Bylaws of the
               Nebraska Utility Corporation (NUCorp) and the
               Interlocal Cooperation Agreement in order to implement
               the fiscal year change of NUCorp and related matters.
               Fact Sheet (173K)

32)  13R-144   Approving and adopting the changes in the Rules
               Governing the Public, Educational and Governmental
               (PEG) Access Channels for Lincoln, Nebraska, proposed
               by the Cable Advisory Board.
               Fact Sheet (39K)
               Attachment (554K)

33)  13R-145   Approving a LPA Program Agreement between the City of
               Lincoln and the Nebraska Dept. of Roads for the use of
               Federal Surface Transportation Program Funds for
               construction and construction engineering of the repair
               of the 27th and Fairfield & West O Street bridges over
               Salt Creek (State Project No. LCLC-5231(15), CN 13247).
               Fact Sheet (12K)
               Attachment (2406K)

34)  13R-146   Approving the Sub-Recipient Agreement between the
               Nebraska Emergency Management Agency and the City of
               Lincoln regarding the 2011 Metropolitan Medical
               Response System in the amount of $281,693.00 for the
               award period of 9/23/2011 through 1/31/2014. 
               Fact Sheet (58K)
               Attachment (524K)

35)  13R-147   Approving the issuance by the West Haymarket Joint
               Public Agency of not to exceed $10,000,000 of its
               Revenue Promissory Notes and related matters.

36)  13R-148   Appointing Matthew Hansen to the Cable Advisory Board
               for a term expiring July 1, 2016.
               Attachment (145K)

37)  13R-149   Reappointing Mark E. Westphalen to the Police & Fire
               Pension Plan Investment Board for a term expiring
               September 1, 2018.

38)  13R-150   Reappointing Andrew Campbell to the Community Forestry
               Advisory Board for a term expiring August 17, 2016.

39)  13R-151   Approving the Unit Price Contract between the City of
               Lincoln and Omaha Pneumatic Equipment Company for Parts
               and Service for Quincy Air Compressor for StarTran,
               pursuant to Quote No. 4300, for a two year term with
               the option to renew for one additional two year term.
               Fact Sheet (129K)
               Attachment (7865K)

40)  13R-152   Approving the appropriation of $100,000 of previously-
               appropriated Keno funds to the Civic Plaza Capital
               Improvement Project for costs associated with the
               development of the area located at 1320 P Street.
               Fact Sheet (100K)

41)  13R-153   Creating the Pinnacle Bank Arena Advisory Committee
               consisting of seven volunteer appointed members.
               Fact Sheet (116K)

42)  13R-154   Accepting the report of new and pending claims against
               the City and approving disposition of claims set forth
               for the period of June 16 - 30, 2013.
               Fact Sheet (7K)
               Attachment (23K)

43)  13R-155   Use Permit 152A   Application of VerMaas Land Co., LLC
               to amend the existing use permit to allow a reduction
               in the front yard setback along Highway 2 for
               additional parking, on property generally located at
               South 13th Street and Highway 2.
               Fact Sheet (2293K)

44)  13R-156   Special Permit 13022   Appeal of Scott A. Tool from the
               Planning Commission's conditional approval to develop
               Joshua's Glen Community Unit Plan for 90 lots with a
               maximum allowed density of 156 dwelling units, together
               with a request to waive/modify the Land Subdivision and
               Zoning Code requirements to (1) adjust the minimum
               average lot width; (2) adjust minimum lot area; and (3)
               adjust the front and rear setbacks, on property
               generally located at South 56th Street and Shadow Pines
               Drive.
               Fact Sheet (6451K)

45)  13R-157   Approving the City of Lincoln, Nebraska StarTran Title
               VI Report to the Federal Transit Administration.
               Fact Sheet (120K)
               Attachment (4400K)

46)  13R-160   Repealing Resolution No. A-41236 adopted June 4, 1956,
               as amended by Resolution No. A-65580, which created the
               Auditorium Advisory Committee.


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST  (EXTENDED ONE WEEK)

47)  07-73     Amending Title 20 of the Lincoln Municipal Code,
               the Building Code, by adding a new Chapter 20.02,
               entitled Neglected Building Registration, to
               require registration of neglected, deteriorated
               and/or abandoned buildings,to require the filing
               of plans for restoration or demolition of
               abandoned buildings, and to establish penalties
               for violations thereof. (5/7/07 - Placed on
               Pending, No Date Certain)
     	       Fact Sheet

48)  09R-76    Establishing a Roads to Jobs Fund to make funds
               available for road projects, declaring a surplus of
               $8,000,000.00 in the Special Assessment Revolving Fund,
               and authorizing the transfer of said funds to the Roads
               to Jobs Fund. (5/11/09 - Placed on Indefinite Pending)

49)  11-39     Amending Chapter 10.32 of the Lincoln Municipal
               Code relating to Stopping, Standing and Parking of
               Vehicles by adding a new section numbered
               10.32.075 to prohibit the parking of trucks on a
               street more than 400 feet from the primary place
               of business and providing certain exceptions.
               (4/11/11 - 3rd Reading w/con't. P.H. on 4/18/11)
               (4/18/11 - Placed on Indefinite Pending) 
                                                            
50)  12-76     Amending Section 10.34.030 of the Lincoln
               Municipal Code relating to Parking Meters: Deposit
               of Coins and Time Limits, to provide that no
               parking fee shall be charged on Martin Luther King
               Day, Presidents Day and Veterans Day. (6/25/12
               - Placed on Pending - No Date Certain)
               Fact Sheet (17K)


During the Open Microphone Session of the agenda, individuals are allowed
a total of 5 minutes to speak regardless of number of topics. The Open
Microphone Session is available on the 2nd & last Monday of each month.

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. OPEN MICROPHONE SESSION FOR 
     THE MONTH OF JULY WILL BE HELD ON JULY 15TH AND JULY 29TH
     
ADJOURNMENT  4:12 P.M.
               
UPCOMING HEARINGS

Hearing date of Monday, July 22nd, 2013 at 3:00 p.m. for the application
of Yard Investments, LLC dba Gate 25 for a Class C liquor license located
at 300 Canopy Street, Suite 140.

Hearing date of Monday, July 22nd, 2013 at 3:00 p.m. for the application
of Yard Investments, LLC dba Gate 25 for an Entertainment District  liquor
license located at 300 Canopy Street, Suite 140.

Hearing date of Monday, Aug. 5, 2013 at 3 p.m. for the application of Astra
Vega LLC dba Vega for a Class C Liquor License at 300 Canopy St Suite 220.

Hearing date of Monday, Aug. 5, 2013 at 3 p.m. for the application of
Yams Inc dba Joysticks Arcade Bar for a Class C with Liquor Catering
Liquor License at 250 Canopy St Suite 230.

Hearing date of Monday, Aug. 5, 2013 at 3 p.m. for the application of
Yams Inc dba Joysticks Arcade Bar for a Class E Entertainment District
Liquor License at 250 Canopy St Suite 230.

Hearing date of Monday, Aug. 5, 2013 at 3 p.m. for the application of
BSR Inc dba The Office for a Class C with Liquor Catering Liquor
License at 640 W Prospector Ct.
                                                  
                                 ***
The City Council Meeting, which is broadcast live at 3:00 p.m. every
Monday and at 5:30 p.m. on the last Monday of each month, will be
rebroadcast on Saturdays at 1:00 p.m., immediately following the
Pre-Council Meeting on 5 City-TV, Cable Channel 5.
                                ****
   The City Council Agenda and Action Sheet may be accessed on the
                 Internet at: lincoln.ne.gov 
                                  
                                

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