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Formal Agenda


           ACTION FROM THE REGULAR CITY COUNCIL MEETING TO BE HELD
                        MONDAY, OCTOBER 5,2015 AT 3:00 P.M.
                         
                         ALL PRESENT EXCEPT RAYBOLD


           DUE TO THE COLUMBUS DAY HOLIDAY, THE CITY COUNCIL WILL
                       NOT MEET ON MONDAY, OCTOBER 12, 2015


                         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)            Clerk's Letter and Mayor's Approval of Resolutions and
               Ordinances passed by City Council on September 14,
               2015. (PLACED ON FILE)

 2)            Clerk's Letter and Mayor's Approval of Resolutions and
               Ordinances passed by City Council on September 21,
               2015. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 3)            Setting the hearing date of Monday, October 26, 2015, 
               at 5:30 p.m. on the Application of Tic Toc Bar LLC dba Tic 
               Toc Bar for a Class C Liquor License located at 317 S. 
               11th Street.  (ADOPTED, 6-0; A-89268)

 4)            Setting the hearing date of Monday, October 19, 2015,
               at 3 p.m. on the Application of D&S Operations dba 
               Cigarz Lounge for a Class C Liquor License located at 
               800 Q Street.  (ADOPTED, 6-0; A-89269)

 5)            Setting the hearing date of Monday, October 19, 2015, at
               3 p.m. on the Application of Piedmont Hospitality dba The 
               Piedmont Bistro for a Class C Liquor License located at 
               1265 Cotner Boulevard, Suite 40.  (ADOPTED, 6-0; A-89270)

 6)            Setting the hearing date of Monday, October 19, 2015, at
               3 p.m. on the Application of MVPZ and ME - LINCOLN LLC 
               dba BurgerFi Lincoln for a Class I Liquor License & 
               Entertainment District Liquor License located at 300 
               Canopy Street, Suite 150.  (ADOPTED, 6-0; A-89271)

 7)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 15082 to Special Permit #228A,
               Capitol Beach CUP,  approved by the Acting Planning Director
               on September 15, 2015, requested by Martin Schademann, to
               reduce the front yard setback to 2 feet for a carport, 
               generally located at 372 Lakeshore Drive.
               Administrative Amendment No. 15077 to Pre-Existing 
               Use Permit #3AD, Gateway Mall, approved by the Acting 
               Planning Director on September 22, 2015, requested by 
               Nate Burnett, to expand the size of a restaurant pad site
               and amend the parking table to allow restaurant in former 
               retail space, generally located at N. 63rd and O Streets.
               Administrative Amendment No. 15058 to Special Permit 
               #2031 and Special Permit #204CO, Finigan 1st CUP, approved 
               by the Acting Planning Director on September 23, 2015, 
               requested by Cory Bergt, to shift the lot line and reduce 
               the side yard setback to 10 feet on the west lot line of 
               Lot 3, generally located at N. 84th Street and Skybright Road.
               Administrative Amendment No. 15091 to Special Permit 
               #872H, Firethorn CUP, approved by the Acting Planning Director 
               on September 23, 2015, requested by Brad Marshall of Olsson 
               Associates, to clarify the setback to the parking lot along 
               Resort Drive is 8 feet, to make corrections to lot numbers 
               and text on the grading plan, and to establish the parking 
               standard for the recreational facility, generally located at 
               S. 91st and Van Dorn Streets.

 8)       MISCELLANEOUS REFERRALS

              Setting the hearing date of Monday, October 19, 2015 at 3:00 p.m.
              on the Application of Lincoln Leisure Club, LLC dba The Local for a
              Class CK Liquor License at 2755 Jamie Lane, Suite 15. (ADOPTED, 6-0; 
              A-89272) 
                    

              - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

 9)            Manager Application of Lauren E. Duncan for TDP Phase Two, 
               LLC dba Hyatt Place Lincoln Haymarket at 600 Q Street. 
               (9/28/15 - Public Hearing and Action cont'd 1 week 
               to 10/5/15) (ADOPTED, 6-0; A-89273)

10)            Application of Salt Creek Hospitality, LLC dba Towneplace 
               Suites by Marriott for a Class I liquor license at 7353 
               Husker Circle.(ADOPTED, 6-0; A-89274)

11)            Manager Application of David M. Wheaton for Salt Creek 
               Hospitality, LLC dba Towneplace Suites by Marriott at 
               7353 Husker Circle.  (ADOPTED, 6-0; A-89275)

12)            Manager Application of Harry L. Watson Jr. for Grata, 
               LLC dba Grata at 6891 A Street, Suite 108.  (ADOPTED, 6-0;
               A-89276)

13)            Manager Application of Stephanie N. Massa for 1515-23 
               Market St., Inc. dba Quality Inn at 3200 NW 12th Street.  
               (ADOPTED, 6-0; A-89277)

14)            Manager Application of Michael P. Zabel for STL of Nebraska, 
               Inc. dba Target Store T-0879 at 5330 South 56th Street.  
               (ADOPTED, 6-0; A-89278)


PUBLIC HEARING - RESOLUTIONS

15)  15R-206   Approving corrected Amended and Restated Agreement regarding 
               the Annexation of Firethorn between Firethorn Gold Company, 
               LLC, FT Development II, Inc., Firethorn Utility Service Company, 
               and the City of Lincoln, so that the Agreement as corrected 
               accurately represents the sum total of all the agreements 
               reached between the parties.  (ADOPTED, 6-0; A-89279)
               Fact Sheet (37K)
               Attachment (813K)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
      (ITEMS 16 THROUGH 23 HAD 2ND READING)

16)  15-122    Amending the pay schedule for the employee group whose 
               classifications are assigned to the pay range which is 
               prefixed by the letter "A" by creating the classification 
               of "Dental Hygienist Supervisor." (Request to delay Public
               Hearing to 10/19/15) (Public Hearing cont'd 2 weeks to 
               10/19/15, 6-0)
               Fact Sheet (28K)
               Attachment (25K)

17)  15-123    Street & Alley Vacation No. 15005 - Vacating the remaining 
               portion of the north one-half of Pine Lake Road right-of-way,
               generally located at South 84th Street and Pine Lake Road.
               Fact Sheet (2420K)

18)  15-124    Accepting and approving an Amendment to the Lease Agreement 
               between the City of Lincoln and Experian Marketing Solutions, 
               Inc to extend the term of the lease of approximately 27,042 
               square feet of office space on the first floor and approximately 
               990 square feet of the lower level for a five year period from
               December 21, 2015 through December 20, 2020.
               Fact Sheet (59K)
               Attachment (131K)

19)  15-125    Amending Chapter 23.10 of the Lincoln Municipal Code to dopt 
               the 2014 edition of the National Electrical Code, as specifically
               amended by Chapter 23.10 of the LMC and modifying the fee structure.
               Fact Sheet (55K)

20)  15-126    Amending Title 20 of the Lincoln Municipal Code by adding a 
               new Chapter 20.10 to adopt the 2012 edition of the International
               Residential Code, except Chapter 11 thereof;  adopting Chapter
               11 of the 2009 edition of the International Residential Code
               relating to thermal energy conservation; and repealing Chapter
               20.12 of the Lincoln Municipal Code as hitherto existing.
               Fact Sheet (49K)

21)  15-127    Amending Title 20 of the Lincoln Municipal by adding a new 
               Chapter 20.06 to adopt the 2012 edition of the International 
               Building Code, except Chapter 13 thereof; adopting Chapter 13
               of the 2009 edition of the International Building Code relating
               to thermal energy conservation; and repealing Chapter 20.08 of
               the Lincoln Municipal Code as hitherto existing.
               Fact Sheet (57K)

22)  15-128    Amending Chapter 21.05 of the Lincoln Municipal Code Property
               Maintenance Code of the City of Lincoln, by amending LMC Section
               21.05.010 to adopt the 2012 edition of the International Property 
               Maintenance Code, as specifically amended by Chapter 21.05 of the LMC.
               Fact Sheet (57K)

23)  15-129    Amending Chapter 19.03 of the Lincoln Municipal Code, the Fire 
               Code, by amending LMC Section 19.03.010 to adopt the 2012 
               edition of International Fire Code, as specifically amended 
               by Chapter 19.03 of the LMC.
               Fact Sheet (59K)
                                        
                     - END PUBLIC HEARING -

          
ORDINANCES - 3RD READING & RELATED RESOLUTIONS

24)  15-117    Creating Water District 1208 for the purpose of constructing 
               a 6-inch water main in 26th Street from H Street to J Street and
               assessing the costs thereof against the benefitted properties.  
               (PASSED, 6-0; #20249)
               Fact Sheet (67K)
               Attachment (57K)

25)  15-118    Creating Water District 1209 for the purpose of constructing 
               a 6-inch water main in C Street from 1st Street to 2nd Street 
               and assessing the costs thereof against the benefitted properties. 
               (PASSED, 6-0; #20250)
               Fact Sheet (73K)
               Attachment (51K)

26)  15-108    Annexation 15006 - Amending the Lincoln Corporate Limits Map 
               by annexing approximately 45.73 acres and adjacent rights-of-way
               on property generally located at South 63rd Street and Yankee 
               Hill Road. (Related Items: 15-108, 15-109)(9/21/15 - 3rd Reading
               & Action cont'd 1 week with Public Hearing to 9/28/15)(9/28/15 - 
               3rd Reading & Action cont'd 1 week to 10/5/15) (PASSED, 6-0; 
               #20251)
               Fact Sheet (9M)
               Attachment (108K)

27)  15-109    Change of Zone 04075F - Application of the owners, to amend 
               Village Gardens Planned Unit Development by expanding the boundary 
               to include approximately 46 additional acres, for a change of 
               zone from AG Agricultural District to R-3 Residential District 
               on said additional property; for a Planned Unit Development 
               District designation of said property; and for a development 
               plan which proposes modifications to the Zoning Ordinance and 
               Land Subdivision Ordinance to allow additional single-family 
               dwelling lots on the underlying R-3 zoned area. (Related 
               Items: 15-108, 15-109) (9/21/15 - 3rd Reading & Action cont'd 
               1 week with Public Hearing to 9/28/15) (9/28/15 - 3rd Reading
               & Action cont'd 1 week to 10/5/15) (PASSED, 6-0; #20252)


RESOLUTIONS - 1ST READING  (ITEMS 28 THROUGH 33 HAD 1ST READING. SEE ITEM 32)

28)  15R-207   Accepting the report of new and pending claims against the City
               and approving disposition of claims set forth for the period of 
               September 16-30, 2015.
               Fact Sheet (30K)
               Attachment (71K)

29)  15R-208   Approving a Grant Agreement between the City of Lincoln on behalf
               of the Lincoln-Lancaster County Health Department and the FDA 
               for a $350,000.00 grant for the Retail Food Safety Consultation 
               Program for a five year term.  (Consent)
               Fact Sheet (31K)
               Attachment (195K)

30)  15R-209   Assessing Public Health Nuisance Abatement costs associated with 
               the clearing of public nuisances by the Health Department to the 
               following benefitted properties: 926 Washington, 1609 S. 27th, 
               1411 N. 24th, 3440 Saint Paul, 2501 S. 10th, 2105 N. 63rd, 4220
               B, 6316 Tanglewood, 1821 N. 31st, 2248 Sheldon, 3435 N. 9th, 
               731 Garfield, 1220 S. 48th, 869 N. 45th, 842 W. A, 435 NW 13th,
               245 F, 1709 N. 29th, and 1645 Washington.
               Fact Sheet (31K)
               Attachment (99K)

31)  15R-210   Approving a multi-year contract between Southeast Community 
               College and the City of Lincoln on behalf of the Lincoln-Lancaster 
               County Health Department for clinical experiences of nursing 
               students for the term of November 1, 2015 through October 31, 2018.
               (Consent)
               Fact Sheet (65K)
               Attachment (265K)

32)  15R-211   Authorizing an application to the Nebraska Game & Parks Commission 
               for Land and Water Conservation grant funding assistance for the
               renovation of four neighborhood park playgrounds (Neighbors, 
               Easterday, Cripple Creek, and Lintel Parks). (Introdiction Delayed 
               2 weeks to 10/19/15, 6-0)
               Fact Sheet (73K)

33)  15R-212   Appointing Lucas Sabalka to the Air Pollution Advisory Board for a 
               term expiring September 1, 2017.
               (Consent)
               Attachment (86K)


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (ITEMS 34 AND 35 HAD 1ST READING)

34)  15-119    Authorizing the issuance of Tax Allocation Bonds for the Victory 
               Park - VA Campus Project.
               Fact Sheet (36K)

35)  15-130    Creating Special Assessment Sewer District No.1188 for the 
               purpose of constructing a sewer district to replace a failing 
               lift station, in the Calvert Street right-of-way from South 6th 
               Street to the west approximately 500 feet, and assessing the 
               costs thereof against the benefitted property.
               Fact Sheet (70K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST - NONE


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 OCTOBER, OPEN MICROPHONE SESSIONS WILL BE HELD ON
     OCTOBER 19TH & 26TH.


ADJOURNMENT	4:09 P.M.

UPCOMING HEARINGS - NONE
                                  ***

     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

                                  ***
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contact the Director of Equity and Diversity, Lincoln Commission on Human Rights, at
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