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Formal Agenda


               ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                       MONDAY, AUGUST 19, 2013 AT 3 P.M.

                    ALL MEMBERS PRESENT EXCEPT CAMP & COOK

                      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)            Report of Board of Equalization to the City Council on
               Group I. (PLACED ON FILE)

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

 3)            Report from the City Treasurer of Franchise Tax for the
               months of February, 2013 - June, 2013 from Black
               Hills/Nebraska Gas Utility Co., LLC. (PLACED ON FILE)

 4)            Report from the City Treasurer of Franchise Tax from
               Time Warner Cable for the Quarter ending March 31,
               2013. (PLACED ON FILE)

 5)            Report from City Treasurer of Theatre Occupation Tax
               (indoor) for the period of June, 2013 - May, 2014 from
               Edgewood Theatre, East Park Theatre, Lincoln Grand
               Theatre, South Pointe Theatre, and Joyo Theatre.
               (PLACED ON FILE)

 6)            Report from City Treasurer of 911 Surcharge for the
               time period of January, 2013 through June, 2013. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 7)            REFERRALS TO THE PLANNING DEPARTMENT:
               Change of Zone No. 13015 - Requested by Olsson
               Associates, from AGR Agricultural District to R-1
               Residential District, on property generally located at
               Frontier Road and Highway 2 (6061 and 6101 Frontier
               Road).
               Special Permit No. 1219L - Requested by Bryan
               Medical Center, an amendment to allow the expansion and
               renovation of the existing Emergency Department at
               Bryan Medical Center East by reducing the front yard
               setback along South 48th Street and the front yard
               setback along Sumner Street, on property generally
               located at South 48th Street and Sumner Street.

 8)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 13055 to Special
               Permit No. 1991, Pinecrest Community Unit Plan,
               approved by the Planning Director on August 9, 2013,
               requested by Patrick Mooberry, to allow covered decks
               to encroach within 10 feet of the rear lot line for
               Lots 20 and 21, Block 1, on property generally located
               at N. 10th St. and Morton St. 

9)     MISCELLANEOUS REFERRALS

                     - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

10)            Application of Stop N Shop Inc. dba Stop N Shop #5 for
               a Class D liquor license at 2200 N. 48th Street.
               (P.H. CONT'D W/ ACTION TO 8/26/13, 5-0)

11)            Manager application of Jason K. Laessig for Stop N Shop
               Inc. dba Stop N Shop #5 at 2200 N. 48th Street.
               (P.H. CONT'D W/ ACTION TO 8/26/13, 5-0)

12)            Application of Canopy Concepts LLC dba Jack and June's
               for a Class C liquor license at 300 Canopy Street,
               Suite 150. (ADOPTED FOR APPROVAL, 5-0; A-87501)

13)            Manager application of Kevin W. Shinn for Canopy
               Concepts LLC dba Jack and June's at 300 Canopy Street,
               Suite 150. (ADOPTED FOR APPROVAL, 5-0; A-87502)

14)            Application of Canopy Concepts LLC dba Jack and June's
               for a Class E Entertainment District liquor license at
               300 Canopy Street, Suite 150. (ADOPTED FOR APPROVAL, 5-0;
               A-87503)

15)            Application of Hector El Dragon Martinez Corp. dba El
               Mariachi Taco Cantina for a Class I liquor license at
               601 R Street, Suite 150. (ADOPTED FOR APPROVAL,
               5-0; A-87504)

16)            Manager application of Ever K. Preciado for Hector El
               Dragon Martinez Corp. dba El Mariachi Taco Cantina at
               601 R Street, Suite 150. (ADOPTED FOR APPROVAL, 5-0;
               A-87505)

17)            Application of Hector El Dragon Martinez Corp. dba El
               Mariachi Taco Cantina for a Class E Entertainment
               District liquor license at 601 R Street, Suite 150.
               (ADOPTED FOR APPROVAL, 5-0; A-87506)

18)            Application of Hook's Lincoln Inc. dba Tanner's Bar &
               Grill for a Class I liquor license at 8600 S. 30th
               Street. (ADOPTED FOR APPROVAL, 5-0; A-87507)

19)            Manager application of Brett C. Clure for Hook's
               Lincoln Inc. dba Tanner's Bar & Grill at 8600 S. 30th
               Street. (ADOPTED FOR APPROVAL, 5-0; A-87508)

20)            Application of Yard Investments, LLC dba Gate 25 for a
               Class C liquor license at 350 Canopy Street, Suite 135.
               (2nd Location) (ADOPTED FOR APPROVAL, 5-0; A-87509)

21)            Manager application of Brandon J. Akert for Yard
               Investments, LLC dba Gate 25 at 350 Canopy Street,
               Suite 135. (2nd Location) (ADOPTED FOR APPROVAL,
               5-0; A-87510)

22)            Application of Yard Investments, LLC dba Gate 25 for a
               Class E Entertainment District liquor license at 350
               Canopy Street, Suite 135. (2nd Location) (ADOPTED FOR
               APPROVAL, 5-0; A-87511)

23)            Application of The Club at the Yard, LLC dba Rule G for
               a Class I liquor license at 350 Canopy Street, Suite
               300. (ADOPTED FOR APPROVAL, 5-0; A-87512)

24)            Manager application of Eric F. Marsh for The Club at
               the Yard, LLC dba Rule G at 350 Canopy Street, Suite
               300. (ADOPTED FOR APPROVAL, 5-0; A-87513)

25)            Application of The Club at the Yard, LLC dba Rule G for
               a Class E Entertainment District liquor license at 350
               Canopy Street, Suite 300. (ADOPTED FOR APPROVAL, 5-0;
               A-87514)

26)            Application of The Bar at the Yard, LLC dba Longwell's
               for a Class I liquor license at 350 Canopy Street,
               Suite 100. (ADOPTED FOR APPROVAL, 5-0; A-87515)

27)            Manager application of Eric F. Marsh for The Bar at the
               Yard, LLC dba Longwell's at 350 Canopy Street, Suite
               100. (ADOPTED FOR APPROVAL, 5-0; A-87516)

28)            Application of The Bar at the Yard, LLC dba Longwell's
               for a Class E Entertainment District liquor license at
               350 Canopy Street, Suite 100. (ADOPTED FOR APPROVAL, 5-0;
               A-87517)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
     (as required) - NONE 


PUBLIC HEARING - RESOLUTIONS

29)  13R-174   Approving the labor contract between the City and the
               Amalgamated Transit Union Local No. 1293 for a term
               effective August 15, 2013 through August 31, 2016.
               (ADOPTED, 5-0; A-87518)
               Fact Sheet (29K)
               Attachment (277K)
               Attachment (271K)

30)  13R-175   Approving the 2013-2014 Maintenance and Management BID
               Budgets and Program of Work for the Downtown Lincoln
               Association Program for Fiscal Year 2012-2013.
               (ADOPTED, 5-0; A-87519)
               Fact Sheet (32K)
               Attachment (1133K)

31)  13R-176   Approving an Amendment to Agreement for Cleaning
               Services for StarTran Facilities, between X-Tra Kleen
               Inc. and the City of Lincoln, pursuant to Bid No. 11-
               141, to extend the term for an additional two-year term
               from August 15, 2013 through August 14, 2015. (ADOPTED,
               5-0; A-87520)
               Fact Sheet (113K)
               Attachment (630K)

32)  13R-177   Approving the extension of the Management Agreement
               between the City and SMG for management, marketing,
               entertainment, administration, and procurement services
               for Pershing Municipal Auditorium for a term of
               September 1, 2013 through October 31, 2014. (ADOPTED,
               5-0; A-87521)
               Fact Sheet (103K)
               Attachment (105K)

33)  13R-178   Approving Watering Hole East as a Keno satellite site
               at 8300 Northwoods Drive. (MTA #1 ADOPTED, 5-0; ADOPTED 
               AS AMENDED, 5-0; A-87522)
               Fact Sheet (92K)

34)  13R-179   Authorizing the Mayor to execute an Agreement between
               the City of Lincoln and the State of Nebraska
               Department of Roads (NDOR) to accept NDOR fiscal year
               2014 maintenance program funding of $2,277,000 for the
               maintenance resurfacing of selected State highway links
               in the City of Lincoln. (ADOPTED, 5-0; A-87523)
               Fact Sheet (11K)
               Attachment (143K)

35)  13R-180   Authorizing the Mayor to execute an Agreement between
               the City of Lincoln and the State of Nebraska
               Department of Roads (NDOR) to accept NDOR fiscal year
               2014 construction program funding of $480,000 for the
               resurfacing of selected State highway links in the City
               of Lincoln. (ADOPTED, 5-0; A-87524)
               Fact Sheet (11K)
               Attachment (103K)

                     - END PUBLIC HEARING -


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)  - NONE


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 36 THRU 38 HAD 1ST READING)

36)  13-95     Amending Section 27.06.180 of the Lincoln
               Municipal Code relating to the Manufacture,
               Processing, Storage and Distribution Use Group by
               amending the Manufacturing, Processing, Storage
               and Distribution Use Group Table to show outdoor
               vehicle storage as a permitted use in the B-4, I-1
               and I-3 zoning districts and to show open storage
               as a permitted use in the I-3 zoning district.
               Fact Sheet (35K)

37)  13-97     Vacation No. 13001 - Vacating the south 10 feet of
               J Street between S. 5th and S. 6th Streets, the
               west 10 feet of S. 6th Street between J and H
               Streets and the north 17 feet of G Street between
               S. 4th and S. 6th Streets.
               Fact Sheet (2186K)
               Attachment (213K)

38)  13-98     Amending Section 9.20.050 of the Lincoln Municipal
               Code relating to disturbing the peace to clarify
               that the penalty for such offense includes the
               option of both a fine and imprisonment in the
               county jail.
               Fact Sheet (46K)

RESOLUTIONS - 1ST READING (ITEMS 39 THRU 46 HAD 1ST READING)

39)  13R-181   Amending Resolution No. A-86822 to change the portion
               of the Local Government Miscellaneous Expenditures
               Policy regarding Meal Reimbursement to tie the City's
               meal reimbursement rate to the approved federal rate.
               (Related Items: 13R-181, 13R-182, 13R-183, 13-
               96)
               Fact Sheet (109K)

40)  13R-182   Amending the 2012-2014 City of Lincoln Biennial
               Operating Budget for the 2013-2014 fiscal year.
               (Related Items: 13R-181, 13R-182, 13R-183, 13-
               96)
               Fact Sheet (107K)
               Attachment (32K)

41)  13R-183   Approving a schedule of fees the City may charge for
               ambulance service. (Related Items: 13R-181, 13R-
               182, 13R-183, 13-96)
               Fact Sheet (136K)
               Attachment (133K)

42)  13R-184   Accepting the report of new and pending claims against
               the City and approving disposition of claims set forth
               for the period of August 1 - 15, 2013.
               Fact Sheet (7K)
               Attachment (20K)

43)  13R-185   Pre-existing Use Permit No. 9U - Application of BCLINC,
               LLC to adjust the parking requirements for the Edgewood
               Shopping Center generally located at South 56th Street
               and Highway 2.
               Fact Sheet (3239K)

44)  13R-186   Authorizing and supporting the Parks & Recreation
               Department's submittal of a grant application to the
               Nebraska Game and Parks Commission for a Recreational
               Trails Program Grant for repair of the Billy Wolff
               Trail between Randolph and 27th Street.
               Fact Sheet (108K)

45)  13R-187   Approving Supplemental Agreement No. 1 between the City
               of Lincoln and the Nebraska Dept. of Roads for the
               Cavett Connector Trail Project, NDOR Project No.
               ENH-55(172) Control No. 13079, to remove the federal
               funding cap to allow additional funds above the
               original federal funding cap to be reimbursed at the
               80% Federal Share amount.
               Fact Sheet (89K)
               Attachment (52K)

46)  13R-188   Approving an Agreement between the City and the
               Nebraska Dept. of Roads for maintenance resurfacing
               work on selected portions of Highway US-34 within the
               corporate limits of Lincoln. (State Project No. STP-BH-
               HSIP-34-6(141), CN 12975).
               Attachment (416K)


PENDING LIST - DATE CERTAIN

47)  13R-169   Hearing on One and Six Year Streets and Highways
               Program as required by State statute. (Action Date:
               8/26)
               Fact Sheet (11K)
               Attachment (72K)

48)  13-96     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, the Library Department,
               and the Urban Development Department. (8/12/13
               - To have 2nd Reading w/Public Hearing &
               3rd Reading with Action on 8/26/13 to
               coincide with Budget Resolution)   
               (Related Items: 13R-181, 13R-182, 13R-183, 13-
               96)
               Fact Sheet (11K)

PENDING LIST

49)  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

50)  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)

51)  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)

52)  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 AUGUST WILL BE HELD ON AUGUST 12TH AND AUGUST 26TH

     
ADJOURNMENT	3:29 P.M.

                                 ***
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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