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Formal Agenda


               ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, SEPTEMBER 30, 2013 AT 5:30 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-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. (ADOPTED, 7-0; A-87572)
               Fact Sheet (120K)
               Attachment (226K)

 2)            Clerk's Letter and Mayor's Approval of Resolutions and
               Ordinances passed by the City Council on September 16,
               2013. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 3)            Setting the hearing date of Monday, October 14, 2013 at
               3:00 p.m. for the application of TPG Holdings, LLC dba
               Ye Old Pub for a Class C liquor license located at 408
               S. 11th Street. (ADOPTED, 7-0; A-87573)

 4)            Setting the hearing date of Monday, October 21, 2013 at
               3:00 p.m. for the manager application of Blaise Rewaka
               in connection with Target Store T-2303 located at 8201
               S. 40th Street. (ADOPTED, 7-0; A-87574)


 5)    MISCELLANEOUS REFERRALS - NONE

                       - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS - NONE


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 6 THRU 9 HAD 2ND READING)

 6)  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)

 7)  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)

 8)  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)

 9)  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)


PUBLIC HEARING - RESOLUTIONS

10)  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. (ADOPTED, 7-0; A-87575)
               Fact Sheet (11K)
               Attachment (394K)

11)  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. (ADOPTED,
               7-0; A-87576)
               Fact Sheet (86K)

12)  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. (ADOPTED, 7-0;
               A-87577)
               Fact Sheet (7K)
               Attachment (20K)

13)  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.
               (ADOPTED, 7-0; A-87578)
               Fact Sheet (12K)
               Attachment (838K)

14)  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. (ADOPTED, 7-0; A-87579)
               Fact Sheet (12K)
               Attachment (288K)

15)  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. (ADOPTED, 7-0;
               A-87580)
               Fact Sheet (12K)
               Attachment (289K)

16)  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. (ADOPTED, 7-0; A-87581)
               Fact Sheet (12K)
               Attachment (3480K)

17)  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.
               (ADOPTED, 7-0; A-87582)
               Fact Sheet (12K)
               Attachment (7430K)

                     - END PUBLIC HEARING -


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

18)  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) (PASSED,
               7-0; #19923)
               Fact Sheet (1417K)
               Attachment (700K)

19)  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) (PASSED, 7-0; #19924)
               Fact Sheet (1937K)

20)  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. (PASSED, 7-0; #19925)
               Fact Sheet (12K)
               Attachment (3457K)


"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)(ITEM 21 
HAD 1ST READING)

21)  13-115    Repealing Ordinance No. 19513 creating Re-paving
               District No. 157, in 63rd Street, between Gladstone and
               Fremont Streets, due to the lack of a petition signed
               by a majority of affected property owners.
               Fact Sheet (7K)


RESOLUTIONS - 1ST READING (ITEMS 22 THRU 32 HAD 1ST READING)

22)  13R-217   Adopting the Central Renewable Energy System Agreement
               between the Board of Regents of the University of
               Nebraska and the City of Lincoln to use municipal
               effluent for heating & cooling on the Nebraska
               Innovation Campus.
               Fact Sheet (12K)
               Attachment (2187K)

23)  13R-223   Assessing Public Health Nuisance Abatement costs
               associated with the clearing of public nuisances by the
               Health Department to the following benefitted
               properties: 1744 S. 25th, 1411 N. 24th, 1611 Harrison,
               935 Butler, 609 West Q, 3909 Sumner, 3440 S. 44th, 1710
               Brookhaven, 2975 Holdrege, 2280 Holdrege, 1020 Sumner,
               1947 SW 34th, 1120 High Plains Road, 5620 Greenwood,
               3909 Sumner.
               Fact Sheet (55K)
               Attachment (191K)

24)  13R-225   Waiver No. 13008   Appeal of Karrie Usher from the
               Planning Commission approval of the request to waive
               the requirement of §26.23.125 of the Land
               Subdivision Ordinance for a pedestrian way associated
               with a block length in excess of 1,000 feet on property
               generally located near N.W. 8th Street and Glacier
               Trail.
               Fact Sheet (5161K)

25)  13R-226   Approving an Amendment to Agreement between the City of
               Lincoln and the League of Human Dignity for the annual
               requirements of StarTran's Special Transportation
               Programs, pursuant to Bid No. 11-204, to extend the
               Agreement term for two years from October 31, 2013
               through October 30, 2015.
               Fact Sheet (153K)
               Attachment (276K)

26)  13R-227   Appointing James Hewitt to the Historic Preservation
               Commission for a term expiring April 15, 2016.
               (Consent)
               Attachment (115K)

27)  13R-228   Reappointing Janet Goodman-Banks, Olga R. Kanne and
               Colette M. Polite to the Multicultural Advisory
               Committee for terms expiring September 18, 2016. 
               (Consent)

28)  13R-229   Reappointing Tina Udell to the Community Health
               Endowment Board for a term expiring September 1, 2016.
               (Consent)

29)  13R-230   Appointing DiAnna Schimek, Thomas Sullivan and Jose
               Soto to the Community Health Endowment Board for terms
               expiring September 1, 2016. (Consent)
               Attachment (218K)

30)  13R-231   Approving a Contract Agreement between the City of
               Lincoln and Hiland Dairy Foods Company for the annual
               supply of Milk and Dairy Products for the Lincoln Area
               Agency on Aging for a two year term.
               Fact Sheet (177K)
               Attachment (3413K)

31)  13R-232   Approving a Contract Agreement between the City of
               Lincoln, Lancaster County, the Lincoln-Lancaster County
               Public Building Commission and Seminole Energy Services
               LLC for the annual supply of Natural Gas for City and
               County owned property for a four year term. 
               Fact Sheet (120K)
               Attachment (4546K)

32)  13R-233   Approving the First Amendment to the Interlocal
               Agreement between the City of Lincoln and Lancaster
               County to revise provisions regarding the
               administration and use of the Keno Human Services
               Prevention fund, the investment of monies in the
               Endowment Fund, and the adoption of new Keno Human
               Services Prevention Fund Guidelines.
               Fact Sheet (123K)
               Attachment (382K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST   (EXTENDED ONE WEEK)

33)  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

34)  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)

35)  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)

36)  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  7:39 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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