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Formal Agenda


            ACTION  FOR  THE  REGULAR  CITY  COUNCIL  MEETING  HELD
                    MONDAY, SEPTEMBER 22, 2014  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)  14R-249   Reappointing Tom Beckius, Loren Mestre-Roberts, and Dr.
               Charles Wilson to the Community Health Endowment Board
               for terms expiring September 1, 2017. (ADOPTED, 7-0; A-88541)

 2)            Report regarding Settlement Agreement under Neb. Rev.
               Stat. §84-713 (Non-tort Claims) with Ayubzai. 
               (PLACED ON FILE)

 3)            Clerk's Letter and Mayor's Approval of Resolutions and
               Ordinances passed by the City Council on Sept. 8, 2014. 
               (PLACED ON FILE)

 4)            Clerk's Letter and Mayor's Approval of Resolution A-
               88539 adopted by the City Council on Sept. 15, 2014. 
               (PLACED ON FILE)

 5)            Lincoln Electric System Financial & Operating Statement
               for Aug. 2014.  (PLACED ON FILE)

 6)            Report from City Treasurer of Telecommunication Tax for
               the Month of August, 2014. (PLACED ON FILE) 


PETITIONS & COMMUNICATIONS

 7)            Setting the hearing date of Mon., Oct. 6, 2014 at 3:00
               p.m. on the Application of TPG Holdings LLC dba Bhupi
               G's Hurry Curry for a Class AB Liquor License at 1601 Q
               St., Suite D. (ADOPTED, 7-0; A-88542)

 8)            Setting the hearing date of Mon., Oct. 6, 2014 at 3:00
               p.m. on the Application of JJ's Lounge LLC dba The
               Lounge for a Class C Liquor License at 2001 W. O St.
               (ADOPTED, 7-0; A-88543) 

 9)            Setting the hearing date of Mon., Oct. 6, 2014 at 3:00
               p.m. on the Application of Fucor, Inc. dba Venue for an
               addition of a second sidewalk cafe measuring approx.
               19' x 88' to the west of the licensed premise at 4111
               Pioneer Woods Dr., #100. (ADOPTED, 7-0; A-88544)

10)            Setting the hearing date of Mon., Oct. 6, 2014 at 3:00
               p.m. on the Manager Application of Mitchell Martin for
               ZRC Operations Co. dba Qdoba Mexican Grill at 211 N.
               12th St. (ADOPTED, 7-0; A-88545)

11)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Permit No. 14003, approved by the
               Planning Director on August 29, 2014, to operate a
               temporary concrete paving plant per Section 27.62.150
               (g) of the Lincoln Municipal Code, through October 1,
               2016, on property generally located near N.W.
               56th Street and W. O Street.
               Administrative Amendment No. 14037, to Use Permit
               Pre-Existing Special Permit #40, Schwarck Quarry
               Excavation and Stone Milling Special Permit, approved
               by the Planning Director on September 10, 2014,
               requested by Civil Design Group, Inc., to allow a
               second drive from Lot 22 to S. 54th Street and
               to show general building locations on Lot 19, on
               property generally located at S. 54th Street
               and Wittstruck Road.
               Administrative Amendment No. 14060, to Use Permit
               #97A, Aspen 3rd Addition, approved by the Planning
               Director on September 10, 2014, requested by ESP
               Engineering, to reduce the rear and front yard
               setbacks from 40 feet to 20 feet on Lots 8, 10 and 11,
               on property generally located at S. 56th Street 
               and Pine Lake Road.
               Administrative Amendment No. 14061, to Stevens
               Creek Pointe Community Unit Plan, approved by the
               Planning Director on September 15, 2014, requested by
               ESP Engineering, to revise minimum floor elevations and
               change to minimum opening elevations on Lots 1, 2 and
               3, Block 3 and to add minimum opening elevations to
               Lots 3 and 4, Block 2.

12)  MISCELLANEOUS REFERRALS - NONE

                     - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

13)            Application of Red Lobster Hospitality LLC dba Red
               Lobster 236 for a Class I liquor license at 6540 O
               Street. (ADOPTED FOR APPROVAL, 7-0; A-88546)

14)            Manager application of Sean B. Korth for Red Lobster
               Hospitality LLC dba Red Lobster 236 at 6540 O Street.
               (ADOPTED FOR APPROVAL, 7-0; A-88547)

15)            Application of MLogic Holdings LLC 
               dba Tilted Kilt Pub & Eatery for a Class I liquor license at 
               6100 O Street. (ADOPTED FOR APPROVAL, 7-0; A-88548) 

16)            Manager application of Seth T. Lind for MLogic LLC dba
               Tilted Kilt Pub & Eatery at 6100 O Street.(ADOPTED FOR APPROVAL,
               7-0; A-88549)

17)            Application of Pies & Pints LLC dba Pies &
               Pints for a special designated license to cover an area measuring
               approximately 348 feet by 40 feet in 8th Street between
               R and Q Streets on September 26, 2014 from 5:00 p.m. to
               12:00 a.m. (ADOPTED FOR DENIAL, 5-2; EMERY, FELLERS DISSENTING; 
               A-88550)

18)            Application of Rhinodynamics Inc. 
               dba Duffy's Tavern for a special designated license to cover an area
               measuring approximately 55 feet by 51 feet at 1412 O
               Street on October 10, 2014 from 5:00 p.m. to 2:00 a.m.
               and October 11, 2014 from 4:00 p.m. to 2:00 a.m. (P.H. & ACTION 
               DELAYED ONE WEEK TO 09/29/14, 7-0)

19)            Application of Henry Mac LLC dba Henry's on South for a
               special designated license to cover an area measuring
               approximately 300 feet by 120 feet at 2110 Winthrop
               Road on October 10, 2014 from 4:00 p.m. to 12:00 a.m.
               and October 11, 2014 from 12:00 p.m. to 12:00 a.m.
               (ADOPTED FOR APPROVAL, 7-0; A-88551)

20)            Application of BDF, LLC dba Captain Jacks for a special
               designated license to cover an area measuring
               approximately 350 feet by 350 feet in the parking lot
               at 605 N. 8th Street on October 11, 2014 from 12:00
               p.m. to 12:00 a.m. (ADOPTED FOR APPROVAL, 7-0; A-88552)

21)            Application of Box Awesome LLC dba Box Awesome's
               Bourbon Theatre for a special designated license to
               cover an area in 13th Street from M to O Streets and N
               Street from 12th to 13th Streets on October 16, 2014
               from 5:00 p.m. to 11:00 p.m. (ADOPTED FOR APPROVAL, 7-0; A-88553)

22)            Application of Bwitched Two Inc. dba Bison Wiches Bar &
               Deli to expand its Class C liquor license to include an
               approximately 56 feet by 26 feet irregular shaped
               outdoor area at 1320 P Street, Suite 100. 
               (ADOPTED FOR APPROVAL, 7-0; A-88554)

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


PUBLIC HEARING - RESOLUTIONS

23)  14R-250   Pre-Existing Use Permit 3AD - Amending the pre-existing
               use permit by waiving provisions of the sign ordinance
               to allow banner signs in the parking lot, on property
               generally located at Gateway Shopping Center at S. 66th
               Street and O Street. (ADOPTED FOR APPROVAL, 7-0; A-88555)
               Fact Sheet (82K)

24)  14R-251   Approving a Municipality Program Agreement between the
               City of Lincoln and the Nebraska Dept. of Roads for a
               project to rehabilitate Link 55W between US 77 and
               Highway 2 (Warlick Boulevard and 14th Street), Project
               No. S-L55W(1021), Control No. 13224.(ADOPTED FOR APPROVAL,
               7-0; (A-88556)               
               Fact Sheet (70K)
               Attachment (489K)

                     - END PUBLIC HEARING -


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

25)  14-124    Change of Zone 10018A - Application of Nebraska Nova,
               LLC, to amend the Nebraska Innovation Campus Planned
               Unit Development to delete land from the PUD by
               changing the zoning from O-3 Office Park District PUD
               to P Public Use and to add land to the PUD by changing
               the zoning from P Public Use to O-3 Office Park
               District PUD on property generally located at North
               Antelope Valley Parkway and Salt Creek Roadway.
               (PASSED, 7-0; #20092)
               Fact Sheet (5740K)
               Attachment (395K)

26)  14-125    Change of Zone 14024 - Application of Farmer's Co-
               operative for a change of zone from AGR Agricultural
               Residential District to AG Agriculture District on
               approximately 22 acres of property generally located at
               8800 W. Haven Road, Emerald, Nebraska. (PASSED, 7-0; #20093)
               Fact Sheet (617K)

27)  14-112    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 and the Parks & Recreation
               Department. (8/25/14 - Placed on Pending Date
               Certain for Action Only on 9/22/14)(PASSED, 7-0; #20094)
               Fact Sheet (20K)


            "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 28 & 29 HAD 1ST READING)

28)  14-126    Vacation 14006 - Vacating 13 feet of the Y Street
               right-of-way east of North 10th Street generally
               located adjacent to 1018, 1020, 1022, 1024, 1036, 1048,
               and 1052 Y Street.
               Fact Sheet (1001K)

29)  14-127    Vacation 14007 - Vacating the right-of-way stub of
               Sherman Court adjacent to Outlot B, Van Dorn Meadows
               1st Addition, generally located at Sherman Street and
               Holmes Park Road.
               Fact Sheet (1826K)

RESOLUTIONS - 1ST READING(ITEMS 30 THRU 32 HAD 1ST READING)

30)  14R-253   Approving a schedule of fees the City may charge during
               FY 2014/15 and 2015/16 for ambulance service.
               Fact Sheet (234K)
               Attachment (111K)

31)  14R-254   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, 2014.
               Fact Sheet (10K)
               Attachment (23K)

32)  14R-255   Approving a Contract Agreement between the City of
               Lincoln and Hemocue America for the annual requirements
               for HemoCue Microcuvettes, pursuant to Quote No. 4887,
               for a four year term.
               Fact Sheet (66K)
               Attachment (2251K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST   (EXTENDED 1 WEEK)

33)  13-108    Creating Special Assessment Re-Paving District No. 158
               for the purpose of reconstructing portions of 66th St.,
               Almira Lane, Marcus Rd., and Anns Ct. within the
               Country Meadows Homeowners Association Boundaries, and
               assessing the costs thereof against the benefitted
               properties. (10/7/13 - Action Delayed with Cont'd
               P.H. for 3 Weeks to 10/28/13) (10/21/13 - Action
               delayed with Cont'd P.H. to 11/4/13) (10/21/13 - Action
               delayed with Cont'd P.H. to 12/9/13) (11/25/13 - Placed
               on Pending, No Date Certain)
     	       Fact Sheet
               Attachment (1111K)

34)  14-15     Change of Zone No. 13029 - Application of US
               Properties for a change of zone from AGR
               Agricultural Residential District to H-3 Highway
               Commercial District on property generally located
               at Eiger Drive and Nebraska Highway 2. 
               (Related Items: 14-15, 14R-48)  (2/10/14 - Placed
               on Pending, No Date Certain)
               Fact Sheet (2736K)

35)  14R-48    Special Permit No. 13060 - Application of Silver Office
               - Oakview LLC to allow a campground for 13 camp sites
               on property generally located at Eiger Drive and
               Nebraska Highway 2. (Related Items: 14-15, 14R-48) 
               (2/10/14 - Placed on Pending, No Date Certain)
               Fact Sheet (2814K)

36)  14R-155   Approving an Interlocal Master Facility Use Agreement
               between Lincoln Public Schools and the City of Lincoln
               establishing an equitable method for sharing costs
               associated with shared use of facilities managed by
               each of the parties. (6/9/14 - Public Hearing &
               Action cont'd 2 weeks to 6/23/14) (6/23/14 - Placed on
               Pending, No Date Certain (to have cont'd P.H.))
               Fact Sheet (70K)
               Attachment (872K)

37)  14-75     Approving a Lease Agreement between the City of
               Lincoln and Lobo's City Mex, Inc. for the lease of
               property generally located at 344 N. 27th St. for
               a two year term. (6/30/14 - Held over 2 weeks
               to 7/14/14 due to lack of required majority vote;
               Assenting: Emery, Eskridge, Fellers; Dissenting:
               Camp, Christensen; Absent: Cook, Gaylor Baird) 
               (7/14/14 - Action Delayed 1 Week to 7/21/14)
               (7/21/14 - Placed on Pending, No Date Certain)
               Fact Sheet (115K)
               Attachment (866K)

38)  14-65     Approving a Real Estate Sales Agreement for the
               sale of approximately 9.37 acres of surplus
               property generally located at 2201 S. 84th St. to
               the Lincoln Housing Authority. (Related Items:
               14-66, 14-65, 14-67, 14R-161)  (6/23/14 - Action
               delayed for 2 weeks to 7/14/14 w/ Cont'd P.H.) 
               (7/14/14 - Public Hearing & Action Delayed until
               8/18/14, 7-0)  (8/18/14 - Public Hearing & Action
               cont'd until 9/8/14) (9/8/14 - Placed on
               Pending, No Date Certain)
               Fact Sheet (84K)
               Attachment (918K)

39)  14-67     Change of Zone 14012 - Application of the Lincoln
               Housing Authority for a change of zone from R-1
               Residential District and P Public Use District to
               R-3 Residential District and from R-1 Residential
               District to P Public Use District on property
               generally located at S. 84th St. and South St.
               (Related Items: 14-66, 14-65, 14-67, 14R-161) 
               (6/23/14 - Action delayed for 2 weeks to 7/14/14
               w/ Cont'd P.H.)  (7/14/14 - Public Hearing &
               Action Delayed until 8/18/14, 7-0) (8/18/14 -
               Public Hearing & Action cont'd until 9/8/14)
               (9/8/14 - Placed on Pending, No Date
               Certain)
               Fact Sheet (3609K)
               Attachment (440K)

40)  14R-161   Special Permit 14009 - Application of Lincoln Housing
               Authority to develop the Lincoln Housing Authority 84th
               St. Site Community Unit Plan for 72 dwelling units,
               with a requested waiver to allow more than 40 dwelling
               units on a dead end street, on property generally
               located at S. 84th St. and South St. (Related Items:
               14-66, 14-65, 14-67, 14R-161) (Action Date 6/23/14)
               (6/23/14 - Action delayed for 2 weeks to 7/14/14 w/
               Cont'd P.H.) (7/14/14 - Public Hearing & Action Delayed
               until 8/18/14, 7-0)  (8/18/14 - Public Hearing & Action
               cont'd until 9/8/14) (9/8/14 - Placed on
               Pending, No Date Certain)
               Fact Sheet (6150K)
               Attachment (344K)


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 15TH & 29TH.


ADJOURNMENT 3:53 P.M.


UPCOMING HEARINGS

     Hearing Date of Monday, September 29, 2014 at 5:30 p.m. on the
     Application of Hy-Vee Inc. dba Hy-Vee Gas for Class D Liquor
     License at 7101 Pioneers Blvd. 

                                  ***
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Cable Channel 71-14 and it is streamed live at lincoln.ne.gov.
                                  ***
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Internet at: lincoln.ne.gov
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