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Formal Agenda


                ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                       MONDAY, JULY 29, 2013 AT 5:30 P.M.

                             ALL MEMBERS PRESENT

                IMMEDIATELY PRECEDING REGULAR COUNCIL MEETING

               BOARD OF EQUALIZATION ON ASSESSMENTS FOR GROUP I

SEWER DISTRICT #1184, (APPROVED, 7-0);  WATER DISTRICT #1198, (APPROVED, 7-0);
WATER DISTRICT #1199, (APPROVED, 7-0);  WATER DISTRICT # 1200, (APPROVED, 7-0);
SEWER DISTRICT #1186, (APPROVED, 7-0);  WATER DISTRICT #1202, (APPROVED, 7-0);
                   PAVING DISTRICT #2630, (APPROVED, 7-0); 
         WATER DISTRICT #1203, (APPROVED, 6-1; CHRISTENSEN DISSENTING).


                     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-161   Approving Amendment No. 2 to the Home Visiting Services
               Contract between the City of Lincoln, on behalf of the
               Lincoln-Lancaster County Health Department, and the
               Nebraska Department of Health and Human Services,
               Division of Public Health Lifespan Health Services Unit
               for Nebraska Maternal Infant Early Childhood Home
               Visiting, to extend the term by an additional four
               month period and to increase the funding of the Program
               for the extended term. (ADOPTED, 7-0; A-87453)
               Fact Sheet (37K)
               Attachment (143K)

 2)            Report from the City Treasurer of City Cash on hand at
               the close of business June 30, 2013. (PLACED ON FILE)

 3)            Clerk's Letter and Mayor's Approval of Resolutions and
               Ordinances passed by the City Council on July 15, 2013.
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 4)            Setting the hearing date of Monday, August 12, 2013 at
               3:00 p.m. for the application of Breezy Island, LLC dba
               Breezy Island for a Class I liquor license located at
               350 Canopy Street, Suite 120. (ADOPTED, 7-0; A-87454)

 5)            Setting the hearing date of Monday, August 12, 2013 at
               3:00 p.m. for the application of Breezy Island, LLC dba
               Breezy Island for a Class E liquor license located at
               350 Canopy Street, Suite 120. (ADOPTED, 7-0; A-87455)

 6)            Setting the hearing date of Monday, August 12, 2013 at
               3:00 p.m. for the application of Food and Beverage, LLC
               dba Pinnacle Bank Arena for a Class C liquor license
               located at 400 Pinnacle Arena Drive. (ADOPTED, 7-0;
               A-87456)

 7)            Setting the hearing date of Monday, August 12, 2013 at
               3:00 p.m. for the application of Adept Development, LLC
               dba Aces Haus of Cuisine for a Class I liquor license
               located at 200 North 70th Street. (ADOPTED, 7-0;
               A-87457)

 8)            REFERRALS TO THE PLANNING DEPARTMENT:
               Pre-existing Use Permit No. 9U - Requested by
               BCLINC, LLC., for authority to adjust the parking
               requirements, on property legally described as Lot 1
               and Outlots A and B, Edgewood Center; Lots 1 and 2,
               Edgewood Center 2nd Addition; Lot 2 and Outlot A,
               Edgewood Center 4th Addition; Lots 1 and 2, Edgewood
               Center 5th Addition; Lots 1 and 2, Edgewood Center 6th
               Addition; and, Lots 120 and 121 I.T., all located in
               the SW 1/4 of Section 9-9-7, Lancaster County,
               Nebraska, generally located at South 56th Street and
               Highway.
               Special Permit No. 1787A - Requested by The
               Becher Trust, for an amendment to expand the area of
               the special permit for a personal wireless facility, on
               property generally located at Sun Valley Boulevard and
               Line Drive (603 Sun Valley Boulevard)
               Special Permit No. 09022A - Requested by BVH
               Architects, for an amendment to allow a gas
               station/convenience store, on property generally
               located at S. 33rd Street and Yankee Hill Road (3201
               Yankee Hill Road).  
               Special Permit No. 13035 - Requested by Tiffany
               Heier, for expansion of a nonconforming use, to reduce
               the side yard setback to construct a garage on property
               generally located at Cedar Avenue and High Street (3141
               Cedar Avenue).
               Special Permit No. 13037 - requested by Casey's
               Retail Company, for the expansion of a nonconforming
               use to allow a building expansion for a building that
               is nonconforming relative to setbacks and the required
               separation for the sale of alcohol for consumption off
               the premises, on property generally located at S. 13th
               Street and E Street (1003 S. 13th Street).

 9)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 13049 to Change of
               Zone No. 13004, The Railyard Special Sign District,
               approved by the Director on July 16, 2013, requested by
               TDP Phase One, LLC, to clarify the language to allow
               translucent covers with internal light sources to be
               used with dimensional channel letters, and to allow a 4
               foot by 4 foot logo to accompany the channel letters,
               on property generally located at N. 7th St. and Q St.
               Administrative Amendment No. 13041 to Special
               Permit No. 1813A, The Preserve on Antelope Creek
               Community Unit Plan, approved by the Planning Director
               on July 17, 2013, requested by Stephen and Debra
               Hennings, to adjust the rear setback for Lot 6, Block 2
               (4625 Firebrush Lane) from 25 feet to 21 feet, on
               property generally located near S. 80th St. and 
               Pioneers Blvd.
               Administrative Amendment No. 13050 to Pre-
               Existing Use Permit No. 13D, Briarhurst Center,
               approved by the Planning Director on July 19, 2013,
               requested by Jeff Luthy, to reduce the front yard
               setback from 50 feet to 20 feet and to revise the
               parking layout, on property generally located at S.
               48th St. and Briarpark Dr. 


10)    MISCELLANEOUS REFERRALS - NONE

                     - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS - NONE


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
     (as required) (ITEMS 11 & 12 HAD 2ND READING)

11)  13-85     Street Name Change 13006 - Renaming a portion of
               Hilltop Road as "North Hill Road" located between
               North Hill Road and Folkways Boulevard, generally
               located at North 27th Street and Folkways
               Boulevard.
               Fact Sheet (181K)

12)  13-86     Change of Zone 13013 - Application of Armstrong
               Properties for a change of zone from H-2 Highway
               Business District to B-3 Commercial District, on
               property generally located at 366 North 48th
               Street.
               Fact Sheet (2013K)


PUBLIC HEARING - RESOLUTIONS

13)  13R-162   Approving the Nebraska Public Health Laboratory
               Agreement for Laboratory Services between the City of
               Lincoln, on behalf of the Lincoln-Lancaster County
               Health Department, and the Board of Regents of the
               University of Nebraska, on behalf of the University of
               Nebraska Medical Center College of Medicine, d/b/a
               Nebraska Public Health Laboratory for laboratory
               testing services for a term of July 1, 2013 through
               June 30, 2015. (ADOPTED, 7-0; A-87458)
               Fact Sheet (54K)
               Attachment (1029K)

14)  13R-163   Identifying and declaring an area within the West
               Haymarket/Downtown Area as the West Haymarket/Downtown
               Business Area; approving the Mayor's appointment of
               members to the West Haymarket/Downtown Business
               Improvement Board; and directing the Board to make
               recommendations to the City Council for the
               establishment of a plan for improvements in the West
               Haymarket/Downtown Business Area. (ADOPTED, 6-0; 
               CAMP ABSTAINED; A-87459)
               Attachment (1021K)

15)  13R-164   Accepting the report of new and pending claims against
               the City and approving disposition of claims set forth
               for the period of July 1 - 15, 2013. (ADOPTED, 7-0;
               A-87460)
               Fact Sheet (7K)
               Attachment (20K)

                     - END PUBLIC HEARING -


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

16)  13-79     Annexation 13002 - Amending the Lincoln Corporate
               Limits Map by annexing approximately 24 acres
               generally located northeast of South 27th Street
               and Rokeby Road. (Related Items: 13-79, 13-80)
               (PASSED, 7-0; #19896)
               Fact Sheet (1026K)
               Attachment (24K)

17)  13-80     Change of Zone 13011 - Application of Lincoln
               Federal Bancorp, Inc. for a change of zone from AG
               Agriculture District to R-3 Residential District
               on property generally located northeast of South
               27th Street and Rokeby Road.  (Related Items:
               13-79, 13-80) (PASSED, 7-0; #19897)
               Fact Sheet (1449K)
               Attachment (144K)

18)  13-81     Text Amendment 13007 - Amending Title 27 of the
               Lincoln Municipal Code to define and regulate the
               use of outlots by amending Section 27.02.160 to
               add the definition of "outlot"; amending Section
               27.69.030 to provide signs may be erected and
               maintained on an outlot; and adding a new Section
               27.70.070 to establish permitted uses for an
               outlot. (Related Items: 13-81, 13-82)
               (PASSED, 7-0; #19898)
               Fact Sheet (69K)

19)  13-82     Text Amendment 13009 - Amending Chapter 26.07 of
               the Lincoln Municipal Code (Land Subdivision
               Definitions) by amending Section 26.07.135 to
               revise the definition of "Outlot". (Related
               Items: 13-81, 13-82) (PASSED, 7-0; #19899)
               Fact Sheet (64K)

20)  13R-158   Approving Amendment No. 1 to the Wilderness Heights
               Conditional Annexation and Zoning Agreement between the
               City and Lincoln Federal Bancorp, relating to the
               annexation of approximately 153 acres of property
               generally located on the east side of South 40th Street
               and south of Yankee Hill Road to define the Phase I
               Commercial Area of Wilderness Heights, and to clarify
               the requirements for the timing and construction of
               site related improvements to Yankee Hill Road, South
               40th Street and Hohensee, and Arterial Street
               Improvements to South 40th Street to accommodate
               development in the Phase I and Phase II Commercial
               Areas.  (Related Items: 13R-158, 13-83) (Action Date:
               07/29/13) (ADOPTED, 7-0; A-87461)
               Attachment (279K)

21)  13-83     Change of Zone 07060A   Application of West Dodge
               Place to amend the Wilderness Heights Planned Unit
               Development to allow motorized vehicle sales and
               service, and to rezone a portion of the PUD from
               B-2 Planned Neighborhood Business District PUD to
               R-3 Residential, on property generally located at
               the southeast corner of South 40th Street and
               Yankee Hill Road. (Related Items: 13R-158, 13-83)
               (PASSED, 7-0; #19900)
               Fact Sheet (4108K)

22)  13-84     Authorizing the execution and delivery of an
               Amended and Restated Facilities Agreement between
               the City of Lincoln, Nebraska and the West
               Haymarket Joint Public Agency and related matters.
               (PASSED, 7-0; #19901)
               Attachment (1500K)


RESOLUTION - FOR ACTION ONLY

23)  13R-156   Special Permit 13022 - Appeal of Scott A. Tool from the
               Planning Commission's conditional approval to develop
               Joshua's Glen Community Unit Plan for 90 lots with a
               maximum allowed density of 156 dwelling units, together
               with a request to waive/modify the Land Subdivision and
               Zoning Code requirements to (1) adjust the minimum
               average lot width; (2) adjust minimum lot area; and (3)
               adjust the front and rear setbacks, on property
               generally located at South 56th Street and Shadow Pines
               Drive. (7/22/13 - ACTION DELAYED 1 WEEK TO 7/29/13)
               (MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0; A-87462)
               Fact Sheet (6451K)


RESOLUTION FOR RECONSIDERATION

24)            Resolution A-87439 Approving the Application of Yard 
               Investments dba Gate 25 for a Class C liquor license at 
               300 Canopy Street, Suite 140. (MOTION TO RECONSIDER,
               APPROVED, 7-0; MOTION TO REMOVE RESTRICTION, ADOPTED, 7-0;
               ADOPTED AS AMENDED, 7-0; A-87439)


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 25 THRU
32 HAD 1ST READING)

25)  13-87     Amending the pay schedules for certain employee
               groups by adjusting the schedules of annual,
               monthly , biweekly and hourly pay range
               equivalents for employees whose classifications
               are assigned to the pay ranges prefixed by the
               letter "A," to be effective August 15, 2013.
               Fact Sheet (24K)
               Attachment (490K)

26)  13-88     Amending the pay schedules for certain employee
               groups by adjusting the schedules of annual,
               monthly , biweekly and hourly pay range
               equivalents for employees whose classifications
               are assigned to the pay ranges prefixed by the
               letter "C," to be effective August 15, 2013.
               Fact Sheet (26K)
               Attachment (485K)

27)  13-89     Amending the pay schedules for certain employee
               groups by adjusting the schedules of annual,
               monthly , biweekly and hourly pay range
               equivalents for employees whose classifications
               are assigned to the pay ranges prefixed by the
               letter "E," to be effective August 15, 2013.
               Fact Sheet (25K)
               Attachment (465K)

28)  13-90     Amending the pay schedules for certain employee
               groups by adjusting the schedules of annual,
               monthly , biweekly and hourly pay range
               equivalents for employees whose classifications
               are assigned to the pay ranges prefixed by the
               letter "F," to be effective August 15, 2013.
               Fact Sheet (25K)
               Attachment (445K)

29)  13-91     Amending the pay schedules for certain employee
               groups by adjusting the schedules of annual,
               monthly , biweekly and hourly pay range
               equivalents for employees whose classifications
               are assigned to the pay ranges prefixed by the
               letter "M," to be effective August 15, 2013.
               Fact Sheet (25K)
               Attachment (465K)

30)  13-92     Amending the pay schedules for certain employee
               groups by adjusting the schedules of annual,
               monthly , biweekly and hourly pay range
               equivalents for employees whose classifications
               are assigned to the pay ranges prefixed by the
               letter "N," to be effective August 15, 2013.
               Fact Sheet (25K)
               Attachment (504K)

31)  13-93     Amending the pay schedules for certain employee
               groups by adjusting the schedules of annual,
               monthly , biweekly and hourly pay range
               equivalents for employees whose classifications
               are assigned to the pay ranges prefixed by the
               letter "P," to be effective August 15, 2013.
               Fact Sheet (25K)
               Attachment (444K)

32)  13-94     Amending the pay schedules for certain employee
               groups by adjusting the schedules of annual,
               monthly , biweekly and hourly pay range
               equivalents for employees whose classifications
               are assigned to the pay ranges prefixed by the
               letter "X," to be effective August 15, 2013.
               Fact Sheet (25K)
               Attachment (495K)


RESOLUTIONS - 1ST READING (ITEMS 33 THRU 37 HAD 1ST READING)

33)  13R-165   Approving JSD, LLC dba Huskerville Pizza & Pub as a
               Keno satellite site at 2805 N.W. 48th Street.
               Fact Sheet (82K)

34)  13R-166   Approving Sweep Left as a Keno satellite site at 815 O
               Street.
               Fact Sheet (82K)

35)  13R-167   Reappointing Jeff Hlavac and Don Schroeder to the
               Electrical Advisory, Appeals and Examining Board for a
               term expiring August 15, 2016.

36)  13R-168   Approving a Funding Agreement between the City and the
               Nebraska Dept. of Roads for the use of Federal Highway
               Safety Funds improvements at the intersection of U.S.
               Highway 6 (West O Street) and West 40th Street (Project
               No. HSIP-6-6(161), CN 13093).
               Fact Sheet (11K)
               Attachment (436K)

37)  13R-169   Hearing on One and Six Year Streets and Highways
               Program as required by State statute.
               Fact Sheet (11K)
               Attachment (72K)


PENDING LIST - DATE CERTAIN - NONE

PENDING LIST   (EXTENDED ONE WEEK)

38)  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

39)  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)

40)  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)

41)  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 JULY WILL BE HELD ON JULY 15TH AND JULY 29TH

     
ADJOURNMENT   7:14 P.M.


UPCOMING HEARINGS

Hearing date of Monday, August 5th, 2013 at 3:00 p.m. for the follow
Liquor License Applications:
     Y.A.M.S. dba Joysticks Arcade Bar for a Class C with Catering
         liquor license located at 350 Canopy Street, Suite 230.
     Y.A.M.S. dba Joysticks Arcade Bar for a Class E liquor license
         located at 350 Canopy Street,Suite 230.
     Astra Vega, LLC dba Vega for a Class C liquor license located at
         300 Canopy Street, Suite 220.
     Astra Vega, LLC dba Vega for a Class E Entertainment District
         liquor license located at 300 Canopy Street, Suite 220.
     BW & R Canopy, LLC dba Buffalo Wings & Rings for a Class E
         Entertainment District liquor license located at 350 Canopy 
         Street, Suite 200.
     Peace a Pie, LLC dba Mellow Mushroom for a Class E liquor license
         located at 601 R Street, Suite 110.
     BSR Inc. dba The Office for a Class C with Catering liquor
         license located at 640 W. Prospector Ct.

                                 ***
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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