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Formal Agenda


           ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, DECEMBER 15, 2014 AT 5:30 P.M.

      THERE WILL BE NO CITY COUNCIL MEETINGS THE WEEKS OF
      DECEMBER 22ND & DECEMBER 29TH DUE TO THE HOLIDAYS

                ALL MEMBERS PRESENT EXCEPT CAMP         

                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-306   Approving a Contract Agreement between the City of
               Lincoln, Lancaster County, the Lincoln-Lancaster County
               Public Building Commission, and Executive Answering
               Service for the annual requirements for Telephone
               Answering Services, pursuant to Bid No. 14-236, for a
               four year term with the option to renew for one
               additional four year term. (ADOPTED, 6-0; A-88690)
               Fact Sheet (69K)
               Attachment (2924K)

2)             Resolution levying the assessments approved by the City 
               Council sitting as the Board of Equalization on December 8, 2014 
               and setting the interest rate on those assessments for the Costs 
               of the Improvements in the Downtown Business Improvement District, 
               the Core Business Improvement District Overlay, the Downtown 
               Maintenance District, the West Haymarket/downtown Management 
               Business Improvement District, the West Haymarket/downtown 
               Maintenance Business Improvement strict, and the West 
               Haymarket/downtown Core Management Business improvement 
               District Overlay.  (ADOPTED, 6-0; A-88691)

3)             Report from City Treasurer of City Cash on hand at the
               close of business October 31, 2014. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

4)             Setting the hearing date of Mon., Jan 5, 2015 at 3:00
               p.m. for the Manager Application of Karen Bruyette for
               Whitemark Energy LLC dba as U-Stop #26 at 8350 Northwoods.
               (ADOPTED, 6-0; A-88692)

5)             Setting the hearing date of Mon., Jan 5, 2015 at 3:00
               p.m. for the Application of Hy-Vee Inc. dba 
               Hy-Vee Restaurant for a Class IK Liquor License at 
               5020 N 27th St. (ADOPTED, 6-0; A-88693)

6)             PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 14091 to Special
               Permit No. 872G, Firethorn CUP, approved by the Acting
               Planning Director on December 5, 2014, requested by
               Olsson Associates, to include an enclosed driving range
               hitting bay, on property generally located  southwest
               of the intersection of Montello Road and Firethorn
               Lane.

7)   MISCELLANEOUS REFERRALS - NONE

                     - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

8)            Application of Big Red Tacos LLC dba Fuzzy's Taco Shop
              for a Class C liquor license at 1442 O Street. (ADOPTED 
              FOR APPROVAL,  6-0; A-88694)		  

9)            Manager application of Christeen M. Jackson for Big Red
              Tacos LLC dba Fuzzy's Taco Shop at 1442 O Street. (ADOPTED 
              FOR APPROVAL,  6-0; A-88695)		  

10)           Application of Copal Inc. dba Copal for a Class I
              liquor license at 4747 Pioneers Boulevard.
              (ADOPTED FOR APPROVAL,  6-0; A-88696)
              Attachment (195K)

11)           Manager application of Romulo Vega Jr. for Copal Inc.
              dba Copal at 4747 Pioneers Boulevard.
              (ADOPTED FOR APPROVAL,  6-0; A-88697)

12)           Application of Parker's Rib Ranch Inc. dba Parker's
              Smokehouse for a change of location of their existing
              Class IK liquor license from 6440 O Street to 8341 O
              Street.  (ADOPTED FOR APPROVAL,  6-0; A-88698)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
     (ITEMS 13 THRU 25 HAD 2ND READING, SEE ITEMS 13 - 17 & 23)        

13)  14-159    Approving the Annexation Agreement for Rokeby Road
               Coalition between Union Bank & Trust Company, Rokeby
               Holdings, Ltd., the Catholic Bishop of Lincoln, Carlton
               W. Talcott, Milton L. and Carol A. Talcott, SSAR, LLC,
               Calruby, LLC, Fred H. and Janet L. Smith, Charles J.
               and June N. Marquardt, Lincoln Federal Bancorp, Inc.,
               Milton L. Talcott, Trustee and Carol A. Talcott,
               Trustee, Talcott Land & Cattle, Inc., Milton L.
               Talcott, Trustee, and the City of Lincoln, Nebraska for
               the phased development and annexation of property
               generally located north and south of Rokeby Road from
               70th Street to 98th Street. (Related Items: 14-159,
               14R-313, 14R-309, 14-153, 14-154)
               (CON'T P.H. & ACTION THREE WEEKS TO 1/5/15, 6-0)
               Fact Sheet (11K)
               Attachment (3267K)

14)  14R-313   Approving Amendment No. 4 to the Woodlands at Yankee
               Hill Conditional Annexation and Zoning Agreement
               between Lewis-Starostka, Inc., 3AP-SE, LLC, Midwest Net
               Lease Investors-SE, LLC, R.C. Krueger Development Co.,
               Double D Land Company, LLC, Calruby, LLC, and the City
               of Lincoln, Nebraska to allow the City to assume
               responsibility for construction of Yankee Hill Road
               from 70th Street to 84th Street and to pay for
               engineering already completed by the Owners.
               (Related Items: 14-159, 14R-313, 14R-309, 14-153,
               14-154)  (Action Date: 1/5/15)
               (CON'T P.H. & ACTION THREE WEEKS TO 1/5/15, 6-0)
               Fact Sheet (11K)
               Attachment (401K)

15)  14R-309   Comp. Plan Amendment 14004 - Amending the 2040
               Lincoln-Lancaster County Comprehensive Plan by
               changing the Future Land Use Plan designation from 
               "Residential-Urban Density" to "Commercial" on
               property generally located in the Rokeby Road and
               South 84th Street area; from "Commercial" to
               "Residential-Urban Density" on property generally
               located southeast of Rokeby Road and South 70th
               Street; to modify the location of a future bike trail 
               between Yankee Hill Road, Rokeby Road, South 70th 
               Street, and South 84th Street; and to relocate a 
               Neighborhood Center designation from southeast of 
               South 70th Street and Rokeby Road to South 84th Street 
               and Rokeby Road. (Related Items: 14-159, 14R-313, 
               14R-309, 14-153, 14-154) (Action Date: 1/5/15)
               (CON'T P.H. & ACTION THREE WEEKS TO 1/5/15, 6-0)               
               Fact Sheet (5027K)

16)  14-153    Annexation 14004 - Amending the Lincoln Corporate
               Limits Map by annexing approximately 27 acres of
               property generally located at South 70th Street and
               Rokeby Road. (Related Items: 14-159, 14R-313, 14R-
               309, 14-153, 14-154)  
               (CON'T P.H. & ACTION THREE WEEKS TO 1/5/15, 6-0)
               Fact Sheet (6400K)
               Attachment (582K)

17)  14-154    Change of Zone 14017 - Application of Rokeby Holdings,
               LLC for a change of zone from AG Agricultural District
               to R-3 Residential District on property generally
               located at South 70th Street and Rokeby Road.
               (Related Items: 14-159, 14R-313, 14R-309, 14-153,
               14-154) (CON'T P.H. & ACTION THREE WEEKS TO 1/5/15, 6-0)
               Fact Sheet (6294K)

18)  14-155    Approving a cable television franchise agreement for a
               15 year term between the City of Lincoln and Windstream
               Nebraska, Inc. to provide cable television services and
               products to the citizens of Lincoln.
               Fact Sheet (136K)
               Attachment (116K)

19)  14-156    Approving a Conduit System Lease Agreement for a ten
               year term between the City of Lincoln and Windstream
               Nebraska, Inc. to occupy space in the City's Lincoln
               Technology Improvement District conduit system pursuant
               to the terms and conditions in the Agreement.
               Fact Sheet (10K)
               Attachment (1565K)

20)  14-157    Approving a Conduit System Lease Agreement for a ten
               year term between the City of Lincoln and CenturyLink
               Communications, LLC to occupy space in the City's Lincoln
               Technology Improvement District conduit system pursuant
               to the terms and conditions in the Agreement.
               Fact Sheet (10K)
               Attachment (3899K)

21)  14-158    Approving a Conduit System Lease Agreement for a 25
               year term between the City of Lincoln and the Board of
               Regents of the University of Nebraska to occupy space
               in the City's Lincoln Technology Improvement District
               conduit system pursuant to the terms and conditions in
               the Agreement.
               Fact Sheet (10K)
               Attachment (5287K)

22)  14-160    Authorizing the issuance of tax allocation bonds with a
               total not to exceed the amount of $7 million for the
               City of Lincoln, Aspen Heights Redevelopment Project in
               Greater Downtown Lincoln. (Related Items: 14-160,
               14R-314,14R-315)

23)  14R-314   Approving the Aspen Heights Redevelopment Project
               Redevelopment Agreement between Breckenridge Group
               Lincoln Nebraska, LLC, and the City of Lincoln relating
               to the redevelopment of property generally bounded by Q
               Street, O Street, 17th Street, and Antelope Valley
               Parkway. (Related Items: 14-160, 14R-314, 14R-
               315) (RULES WAIVED TO HAVE ACTION ON THIS DATE, 
               6-0; ADOPTED, 6-0; A-88699)
               Fact Sheet (11K)
               Attachment (7592K)

24)  14R-315   Amending the FY 14/15 CIP to authorize and appropriate
               $7 million in TIF funds for the Aspen Heights
               Redevelopment Project on property generally located
               between Q Street, O Street, 17th Street, and Antelope
               Valley Parkway. (Related Items: 14-160, 14R-314,
               14R-315)
               Fact Sheet (11K)

25)  14-161    Approving the First Amendment and Restatement of
               Conditional Annexation and Zoning Agreement between
               Southwood Lutheran Church, Meridian Corporation,
               Sundance, LLC, and the City of Lincoln, Nebraska to
               revise provisions regarding the timing for the design,
               grading, and construction of roads, water, and sanitary
               sewer infrastructure and the responsibility for funding
               such costs on property generally located at South 40th
               Street and Rokeby Road.
               Fact Sheet (11K)
               Attachment (438K)
               Motion To Amend (211K)

PUBLIC HEARING - RESOLUTIONS

26)  14R-292   Comp. Plan Conformance 14022 - Approving an amendment
               to the Antelope Valley Redevelopment Plan to add the
               "23rd & O Street Project" to rehabilitate and expand an
               existing retail building for a health clinic on
               approximately two acres of property generally located
               at 2301 O Street and the adjacent rights-of-way.
               (11/24/14 - P.H. & Action cont'd for 2 weeks to
               12/8/14)  (12/08/14 - P.H. & Action cont'd for 1
               week to 12/15/14) (ADOPTED, 6-0; A-88700) 
               Fact Sheet (6M)
               Attachment (3M)

27)  14R-305   Approving an amendment to the Annexation Agreement
               between the City of Lincoln and Country Meadows
               Homeowners Association, Inc. regarding the
               reconstruction of  roadways within the Country Meadows
               Subdivision.  (ADOPTED, 6-0; A-88701) 
               Fact Sheet (57K)
               Attachment (688K)

28)  14R-307   Approving a contract between the City of Lincoln and
               Continuum Employee Assistance Training Consulting for
               employee assistance program services for a three-year
               period from January 1, 2015 through December 31, 2017.
               (ADOPTED, 6-0; A-88702) 
               Fact Sheet (56K)
               Attachment (378K)

29)  14R-308   Approving an Agreement between the City of Lincoln and
               Western Pathology Consultants, Inc. for drug and
               alcohol testing services for the period of January 1,
               2015 through December 31, 2017. (ADOPTED, 6-0; A-88703)
               Fact Sheet (46K)
               Attachment (1276K)

30)  14R-310   Approving Holt Enterprises LLC dba Paul's Pub as a Keno
               satellite site at 5250 Cornhusker Highway.  
               (ADOPTED, 6-0; A-88704)
               Fact Sheet (37K)

31)  14R-311   Accepting the report of new and pending claims against
               the City and approving disposition of claims set forth
               for the period of November 1 - 30, 2014. 
               (ADOPTED, 6-0; A-88705) 
               Fact Sheet (10K)
               Attachment (26K)

32)  14R-312   A resolution to establish the Mayor's base salary at
               $83,000 for 2015/16 and thereafter to adjust the base
               salary by the CPI-U for each succeeding year. 
               (ADOPTED, 6-0; A-88706)
               Fact Sheet (61K)

33)  14R-316   Assessing the costs incurred for cutting, clearing and
               removing weeds against the various benefitted
               properties for the period of January 1, 2014 through
               December 31, 2014. (ADOPTED, 6-0; A-88707) 
               Attachment (2655K)

34)  14R-317   Approving a Contract Agreement between the City of
               Lincoln and Gillig Corporation for the annual supply of
               Transit Bus Transmission Rebuild - StarTran, pursuant
               to Bid No. 14-205, for a two year term with the option
               to renew for one additional two year term.
               (ADOPTED, 6-0; A-88708) 
               Fact Sheet (68K)
               Attachment (4771K)

                     - END PUBLIC HEARING -


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

35)  14-148    Approving a Real Estate Sales Agreement between the
               City of Lincoln and Anderson Homes, Inc. authorizing
               the sale of four lots of City owned surplus property
               generally located at 2601, 2531, 2521, and 2511 NW 52nd
               Street. (PASSED, 6-0; #20118)
               Fact Sheet (84K)
               Attachment (3M)          

36)  14-149    Text Amendment 14015 - Repealing Section 27.67.075 of
               the Lincoln Municipal Code relating to Parking in the
               Capitol Environs District to allow the parking in the
               Capitol Environs District to be determined by the
               underlying zoning district. (PASSED, 6-0; #20119)
               Fact Sheet (5M)

37)  14-150    Text Amendment 14016 - Amending Section 27.62.140 of
               the Lincoln Municipal Code relating to the Heavy
               Commercial Services Use Group to allow mini-warehouses
               as a conditional use in the B-5 Planned Regional
               Business District.  (PASSED, 6-0; #20120)
               Fact Sheet (3M)

38)  14-151    Amending the chapter title of Lincoln Municipal Code
               Chapter 2.28 as "Human Resources Department" and
               amending Sections 2.28.010, 2.28.020, and 2.28.030 of
               the Lincoln Municipal Code to redesignate the Personnel
               Department as the Human Resources Department and the
               Personnel Director as the Human Resources Director.
               Fact Sheet (10K)
               (PASSED, 6-0; #20121)

39)  14-152    Repealing Chapter 5.44 of the Lincoln Municipal Code,
               ("Sidewalks Snow Removal and Cleaning Businesses")
               relating to permits for operating motor-powered snow
               removal or sidewalk cleaning equipment on sidewalks
               within the city. (PASSED, 6-0; #20122)
               Fact Sheet (10K)

RECONSIDERATION FOR A TECHNICAL CORRECTION

40)  14R-278   Adopting the Lincoln Electric System Annual Budget for
               2015 to become effective January 1, 2015. (Action:
               12/08/14) (12/08/14 - Adopted, 7-0; A-88689)
               (RECONSIDERED, 6-0; MTA #1 TO SPLIT THE QUESTION INTO A 
               RESOLUTION AND AN ORDINANCE, ADOPTED, 6-0; MTA TO REPLACE 
               CURRENT RESOLUTION WITH AMENDED RESOLUTION, 6-0; ADOPTED 
               AS AMENDED, 6-0; A-88689; ORDINANCE PASSED, 6-0; #20123)
               Fact Sheet (103K)
               Attachment (2256K)
               Motion To Amend (1468K)


"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 41 THRU 43 HAD 1ST READING)
 
41)  14-162    Amending Chapter 8.14 of the Lincoln Municipal Code to
               eliminate the requirement for school age child care
               programs to be regulated under LMC 8.14.
               Fact Sheet (66K)

42)  14-163    Amending Chapter 24.38 of the Lincoln Municipal Code to
               update the Onsite Wastewater Treatment Systems and
               adopt State regulations. (Related Items: 14-163,
               14R-318)
               Fact Sheet (51K)

43)  14-164    Approving a Real Estate Purchase Agreement between the
               City of Lincoln and TR Novak, LLC for the sale of City
               owned property generally located at 5255 N.W. 12th
               Street.
               Fact Sheet (107K)
               Attachment (2305K)

RESOLUTIONS - 1ST READING (ITEMS 44 & 45 HAD 1ST READING)

44)  14R-318   Rescinding the City of Lincoln Design Standards 4.10,
               Operation and Maintenance of Onsite Wastewater
               Treatment Systems. (Related Items: 14-163, 
               14R-318) (Action Date: 1/12/15)
               Fact Sheet (47K)
               Attachment (835K)

45)  14R-319   Approving a Construction Engineering Agreement
               Supplement No. 1 and Supplement No. 2 between the City
               of Lincoln and Kirkham Michael and Associates, Inc. for
               Consultant compensation for construction engineering
               related for the Jamaica Trail North Phase 2 Federal Aid
               Project (State Project No. ENH-55(160), CN 12879).
               Fact Sheet (79K)
               Attachment (545K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST (EXTENDED THREE WEEKS, SEE ITEM #46)

46)  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)
               (WITHDRAWN, 6-0; #38-4654)
               Fact Sheet (13K)
               Attachment (134K)

47)  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 (2M)

48)  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 (2M)

49)  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)

50)  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)

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 DECEMBER, OPEN MICROPHONE SESSIONS WILL BE
     HELD ON DECEMBER 8TH & 15TH.

ADJOURNMENT	8:06 P.M.

                                  ***
     The Lincoln City Council meetings 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.  They are re-aired on
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If your television has a built-in digital cable tuner (QAM), you will
find the 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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