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Formal Agenda


              ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, SEPTEMBER 23, 2013 AT 3:00 P.M.

                            ALL MEMBERS PRESENT

                     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)  13R-202   Appointing Dr. Michelle Petersen to the Lincoln-
               Lancaster County Board of Health for a term expiring
               April 15, 2016. (ADOPTED, 7-0; A-87563)
               Attachment (85K)

 2)  13R-203   Appointing Melissa K. Filipi to the Keno Human Services
               Advisory Board for a term expiring July 1, 2016.
               (ADOPTED, 7-0; A-87564)
               Attachment (76K)

 3)  13R-207   Approving a Contract Agreement between the City of
               Lincoln, Lancaster County and Garcia-Chicoine
               Enterprises, Inc. for the annual requirements of
               Work/Services and Materials for the Repair of
               Guardrails pursuant to the State of Nebraska Department
               of Roads Contract No. HH1305, for a three year term.
               (ADOPTED, 7-0; A-87565)
               Fact Sheet (164K)
               Attachment (3251K)

 4)  13R-212   Reappointing Rachel Warman to the Air Pollution Control
               Advisory Board for a term expiring September 1, 2016.
               (ADOPTED, 7-0; A-87566)
               Attachment (67K)

 5)  13R-213   Appointing Wanda Blasnitz and Jack Coogan to the Air
               Pollution Control Advisory Board for a term expiring
               September 1, 2016. (ADOPTED, 7-0; A-87567)
               Attachment (189K)

 6)            Request of Public Works to set the Hearing Date of
               Monday, October 14, 2013, at 3:00 p.m. and place on the
               formal City Council Agenda the following:
               13-113    Provide authority to create a Special
                         Assessment Paving District  for W. Nance St.
                         from NW 8th St. to NW 9th St.
                         (APPROVED, 7-0)

 7)            Clerk's Letter and Mayor's Approval of Resolutions and
               Ordinances passed by the City Council on September 9,
               2013. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 8)            REFERRED TO THE PLANNING DEPARTMENT:
               Change of Zone No. 13019 - Requested by Piedmont
               Shopping Center, LLC., Piedmont Shops Planned Unit
               Development, for a change of zone from B-1 Local
               Business District to B-3 Commercial District PUD, on
               property generally located at South Cotner Boulevard
               and A Streets (1265 Cotner Boulevard); for a Planned
               Unit Development District designation of said property;
               and for approval of a development plan which proposes
               modifications to the Design Standards, Zoning Ordinance
               and Subdivision Ordinance to allow improvements and B-3
               uses in the Piedmont Shopping Center on the underlying
               B-3 zoned area.
               Change of Zone 13021 - Requested by Bruce
               Brinkman, for a change from AGR Agricultural
               Residential District to O-3 Office Park District, on
               property generally located at S. 84th Street and Eiger
               Drive (8333 Eiger Drive).
               Special Permit 13044 - Requested by Immanuel
               Lutheran Church, for the expansion of a nonconforming
               use, reducing the required front yard on Plum Street
               and S. 11th Street for the construction of an addition
               to the existing building, on property generally located
               at S. 11th Street and Plum Street (2001 S. 11th
               Street).


 9)    MISCELLANEOUS REFERRALS - NONE

                       - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS - NONE


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 10 THRU 12 HAD 2ND READING)

10)  13-106    Annexation 13003 - Amending the Lincoln corporate
               Limits Map by annexing approximately .11 acres
               generally located at Tuscan and Durado Courts.
               (Related Items: 13-106, 13-107)
               Fact Sheet (1417K)
               Attachment (700K)

11)  13-107    Change of Zone 13016 - Application of Firethorn Golf
               Company for a change of zone from AGR Agricultural
               Residential District to R-3 Residential District and
               from R-3 Residential District to AGR Agricultural
               Residential District, on property generally located at
               Tuscan and Durado Courts. (Related Items: 13-106,
               13-107)
               Fact Sheet (1937K)

12)  13-109    Approving a sublease agreement between Nebraska
               Vocational Rehabilitation and the City of Lincoln for
               the sublease by Nebraska Vocational Rehabilitation of
               160 square feet of space at 1111 O Street for purposes
               of Workforce Investment Act Services and the American
               Job Center for a four year term of October 1, 2013
               through September 30, 2017.
               Fact Sheet (12K)


PUBLIC HEARING - RESOLUTIONS

13)  13R-208   Authorizing a request to the State of Nebraska, Board
               of Public Roads Classifications and Standards, for
               relaxation of the Minimum Design Standards to allow 9
               1/2 to 10 foot wide lanes in Van Dorn Street from 33rd
               to 48th Streets, City Project 701773. (MTA #1 ADOPTED, 
               7-0; ADOPTED AS AMENDED, 7-0; A-87568)
               Fact Sheet (60K)
               Attachment (16369K)

14)  13R-209   Approving a Cooperative Agreement between the Nebraska
               Department of Environmental Quality (NDEQ) and the City
               of Lincoln regarding State of Nebraska grant funding
               from the Stormwater Management Plan Program.
               (ADOPTED, 7-0; A-87569)
               Fact Sheet (71K)
               Attachment (301K)

15)  13R-210   Approving the use of public right-of-way for the
               installation of private conduit for fiber optic cable
               in South 36th Street to serve the school and parish
               property for Saint Teresa's Church at 735 South 36th
               Street. (ADOPTED, 7-0; A-87570)
               Fact Sheet (75K)
               Attachment (733K)

16)  13R-211   Approving a Project Programming Agreement between the
               City of Lincoln and the Nebraska Department of Roads to
               establish various duties and funding responsibilities
               for a Federal Aid Safety Improvement Project for
               construction of Adaptive Signal Control Technology and
               upgrade of fiber communications along North 27th Street
               between O Street and Interstate 80. (ADOPTED, 7-0; 
               A-87571)   
               Fact Sheet (110K)
               Attachment (55K)

                     - END PUBLIC HEARING -


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

17)  13-105    Approving a sublease agreement between Goodwill
               Industries and the City of Lincoln for the sublease by
               Goodwill of 160 square feet of space at 1111 O Street
               for purposes of Workforce Investment Act Services and
               the American Job Center for a four year term of October
               1, 2013 through September 30, 2017. (PASSED, 7-0; 
               #19922)
               Fact Sheet (12K)
               Attachment (1596K)


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


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 18 THRU 21 HAD 1ST READING)

18)  13-108    Creating Special Assessment Re-Paving District 
               No. 158 for the purpose of reconstructing portions of
               66th Street, Almira Lane, Marcus Road, and Anns Court
               within the Country Meadows Homeowners Association
               Boundaries, and assessing the costs thereof against the
               benefitted properties.
               Fact Sheet (13K)
               Attachment (133K)

19)  13-110    Amending Section 5.04.070 of the Lincoln Municipal
               Code, Sale to Minors and Incapacitated Persons
               Prohibited, to delete the offense of selling, giving,
               disposing of, exchanging, delivering, or permitting the
               sale, gift, or procuring of any alcoholic liquors to a
               minor or incapacitated person as the state statute
               penalty for said offense is greater than authorized for
               the City.
               Fact Sheet (8K)

20)  13-111    Amending Chapter 5.04 of the Lincoln Municipal Code,
               Alcoholic Liquor, by repealing Sections 5.04.080
               (Furnishing False Identification), 5.04.090 (Minors,
               Misrepresenting Age), 5.04.100 (Minors, Possession of
               Alcohol), 5.04.160 (Places Where Drinking Prohibited),
               and 5.04.165 (Open Containers in Vehicles), and
               amending Chapter 9.16 of the Lincoln Municipal Code,
               Offenses Against Public Decency, by repealing Sections
               9.16.025 (Marijuana Defined), 9.16.030 (Toxic Compounds
               Defined), 9.16.035 (Paraphernalia Defined), 9.16.105
               (Paraphernalia, Use or Possession, Unlawful, Penalty),
               9.16.110 (Toxic Compounds, Unlawful Use), 9.16.120
               (Toxic Compounds, Unlawful Possession), 9.16.130 (Toxic
               Compounds, Unlawful Sale), 9.16.140 (Toxic Compounds,
               Penalty for Violations), 9.16.145 (Possession of
               Marijuana, One Ounce or Less, Unlawful, Penalty) and
               incorporating said offenses and penalties into one
               chapter by adding new Chapter 9.48 entitled "Alcohol
               and Drug Offenses" consisting of Section 9.48.010,
               Definitions; Section 9.48.020, Furnishing False
               Identification; Section 9.48.030, Minors,
               Misrepresenting Age; Section 9.48.040, Minors,
               Possession or Consumption of Alcoholic Liquor
               Prohibited; Section 9.48.050, Consuming Alcoholic
               Liquor in Public Prohibited; Section 9.48.060,
               Consumption in Unlicensed Premises Prohibited;
               9.48.070, Consumption Inside Vehicles Prohibited;
               Section 9.48.080, Open Alcoholic Beverage Container in
               Motor Vehicle Prohibited; Section 9.48.090, Possession
               of Marijuana, One Ounce or Less, Unlawful, Penalty;
               Section 9.48.100, Toxic Compounds, Unlawful Use;
               Section 9.48.110, Toxic Compounds, Unlawful Possession;
               Section 9.48.120 Toxic Compounds, Unlawful Sale;
               Section 9.48.130, Paraphernalia, Use or Possession,
               Unlawful, Penalty; Section 9.48.140,Violations,
               Penalty; and Section 9.48.150, Severability and Savings
               Clause; amending Section 9.20.100 of the Lincoln
               Municipal Code to delete the minimum fines for
               furnishing false identification, misrepresenting age,
               minor in possession of alcohol, and consuming alcohol
               in prohibited places to maintain conformity with state
               statute.
               Fact Sheet (8K)

21)  13-112    Approving the Lease Agreement between the City of
               Lincoln and 3732 Holdings, LLC allowing the property
               owner at 6800 Normal Boulevard to lease 4,525 square
               feet of space within a portion of Holmes Lake Park to
               accommodate an expansion of the parking for its office
               building.
               Fact Sheet (74K)
               Attachment (985K)


RESOLUTIONS - 1ST READING (ITEMS 22 THRU 30 HAD 1ST READING)

22)  13R-214   Approving the Agreement Regarding Annexation Fees
               between Rural Water District No. 1, Lancaster County,
               Nebraska (RWD) and the City of Lincoln for payment of
               annexation fees by the City for land that is annexed
               and no longer served by RWD.
               Fact Sheet (11K)
               Attachment (394K)

23)  13R-215   Approving the relocation of Omaha Exposition & Racing,
               Inc. dba Lincoln Race Course's keno satellite site from
               1800 State Fair Park to 7055 South 1st Street.
               Fact Sheet (86K)

24)  13R-216   Accepting the report of new and pending claims against
               the City and approving disposition of claims set forth
               for the period of September 1 - 15, 2013.
               Fact Sheet (7K)
               Attachment (20K)

25)  13R-218   Approving an Interlocal Agreement between the Railroad
               Transportation Safety District, the City, and the
               County to accept the transfer of RTSD Funding for the
               South Lincoln Quiet Zone (14th and Yankee Hill) and for
               the City and County to accept ownership and maintenance
               of the safety improvements in their respective areas.
               Fact Sheet (12K)
               Attachment (838K)

26)  13R-219   Approving an Interlocal Agreement between the Railroad
               Transportation Safety District and the City to accept
               the transfer of RTSD Funding for the SW 40th
               Street/BNSF Overpass and to acknowledge the paving of
               approximately 900 feet of SW 40th Street from West O
               Street to the south.
               Fact Sheet (12K)
               Attachment (288K)

27)  13R-220   Approving an Interlocal Agreement between the Railroad
               Transportation Safety District and the City to accept
               the transfer of RTSD Funding for the South Salt Creek
               Quiet Zone and to accept the ownership and maintenance
               of the safety improvements in the area.
               Fact Sheet (12K)
               Attachment (289K)

28)  13R-221   Approving a Preliminary Engineering and National
               Environmental Policy Act (NEPA)  Services Agreement
               between the City of Lincoln and Alfred Benesch &
               Company to establish the responsibilities and fees for
               preliminary engineering and NEPA Phase services for
               safety improvements at the intersection of N. 66th
               Street and Fremont Street.
               Fact Sheet (12K)
               Attachment (3480K)

29)  13R-222   Approving an agreement between the City and Speece
               Lewis Engineers to provide preliminary and final design
               services as well as environmental and geotechnical
               services for the 10th Street bridge over Salt Creek.
               Fact Sheet (12K)
               Attachment (7430K)

30)  13R-224   Approving an Amendment to Agreement between the City of
               Lincoln and Plunkett's Pest Control for the annual
               requirements for Pest Control Services at StarTran,
               pursuant to Quote No. 3640, for a final two-year
               renewal term.  (Consent)
               Fact Sheet (120K)
               Attachment (226K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST  (EXTENDED ONE WEEK)

31)  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

32)  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)

33)  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)

34)  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 SEPTEMBER WILL BE HELD ON SEPT. 9TH AND SEPT. 30TH.


ADJOURNMENT   3:30 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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