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Formal Agenda


              ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                       MONDAY, JULY 22, 2013 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)  13R-146   Approving the Sub-Recipient Agreement between the
               Nebraska Emergency Management Agency and the City of
               Lincoln regarding the 2011 Metropolitan Medical
               Response System in the amount of $281,693.00 for the
               award period of 9/23/2011 through 1/31/2014.
               (ADOPTED, 7-0; A-87426)
               Fact Sheet (58K)
               Attachment (524K)

 2)  13R-148   Appointing Matthew Hansen to the Cable Advisory Board
               for a term expiring July 1, 2016. (ADOPTED, 7-0;
               A-87427)
               Attachment (145K)

 3)  13R-149   Reappointing Mark E. Westphalen to the Police & Fire
               Pension Plan Investment Board for a term expiring
               September 1, 2018. (ADOPTED, 7-0; A-87428)

 4)  13R-150   Reappointing Andrew Campbell to the Community Forestry
               Advisory Board for a term expiring August 17, 2016. 
               (ADOPTED, 7-0; A-87429)

 5)            Affidavit of Mailing for Board of Equalization, Group I
               to be held Monday, July 29, 2013 at 5:30 p.m. 
               (PLACED ON FILE) 


PETITIONS & COMMUNICATIONS

 6)            Setting the hearing date of Monday, August 5th, 2013 at
               3:00 p.m. for the application of Y.A.M.S. dba Joysticks
               Arcade Bar for a Class C with Catering liquor license
               located at 350 Canopy Street, Suite 230. (ADOPTED,
               7-0; A-87430)

 7)            Setting the hearing date of Monday, August 5th, 2013 at
               3:00 p.m. for the application of Y.A.M.S. dba Joysticks
               Arcade Bar for a Class E liquor license located at 350
               Canopy Street, Suite 230. (ADOPTED, 7-0; A-87431)

 8)            Setting the hearing date of Monday, August 5th, 2013 at
               3:00 p.m. for the application of Astra Vega, LLC dba
               Vega for a Class C liquor license located at 300 Canopy
               Street, Suite 220. (ADOPTED, 7-0; A-87432)

 9)            Setting the hearing date of Monday, August 5th, 2013 at
               3:00 p.m. for the application of Astra Vega, LLC dba
               Vega for a Class E liquor license located at 300 Canopy
               Street, Suite 220. (ADOPTED, 7-0; A-87433)

10)            Setting the hearing date of Monday, August 5th, 2013 at
               3:00 p.m. for the application of BW & R Canopy, LLC dba
               Buffalo Wings & Rings for a Class E liquor license
               located at 350 Canopy Street, Suite 200. (ADOPTED, 
               7-0; A-87434)

11)            Setting the hearing date of Monday, August 5th, 2013 at
               3:00 p.m. for the application of Peace a Pie, LLC dba
               Mellow Mushroom for a Class E liquor license located at
               601 R Street, Suite 110. (ADOPTED, 7-0; A-87435)

12)            Setting the hearing date of Monday, August 5th, 2013 at
               3:00 p.m. for the application of BSR Inc. dba The
               Office for a Class C with Catering liquor license
               located at 640 W. Prospector Ct. (ADOPTED, 7-0; A-87436)

13)            REFERRALS TO THE PLANNING DEPARTMENT:
               Special Permit No. 08017B - Requested by Adam Root,
               for extension of time for excavation of soil, on
               property generally located 1/2 mile north of the
               intersection of Bluff Road and U.S. Highway 77. 
               Special Permit No. 12027A  - Requested by Zipline
               Brewing Co., to expand the licensed premises to include
               an outdoor seating area for the consumption of
               alcoholic beverages on the premises, on property
               generally located at S. Coddington Avenue and Magnum
               Circle (2100 Magnum Circle, Suite 1). 
               Special Permit No. 13017 - Requested by Prairie
               Homes Builders, Inc., Stone Creek Community Unit Plan,
               for approximately 38 dwelling units, with waiver
               requests to modify setbacks, reduce lot width and lot
               area requirements, waive sidewalks and reduce
               cul-de-sac pavement radius, on property generally
               located at S. 82nd Street and Old Cheney Road.

14)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 13043 to Special
               Permit No. 808A, Sevenoaks Community Unit Plan,
               approved by the Planning Director on July 9, 2013,
               requested by Malibu Sunrooms, to reduce the rear yard
               setback on 6231 S. 32nd Court from 26 feet to
               20 feet for the addition of a sun room, on property
               generally located at S. 32nd Court and Raleigh
               St. 
               Administrative Amendment No. 13019 approved by the
               Planning Director on July 11, 2013, requested by The
               Church of Jesus Christ of Latter-day Saints, to extend
               the time for 2 years to install sidewalks and street
               trees on Telluride Drive and Telluride Circle; and to
               extend the time for 2 years to install street trees and
               3 months to install the sidewalk on Fletcher Avenue. 
               These waivers only apply to Lot 32, North Creek
               7th Addition.  The improvements shall be
               completed by July 11, 2015, except for the sidewalk on
               Fletcher Ave.  Property is located on the
               southeast corner of Telluride Dr. and Fletcher Ave. 
               Administrative Amendment No. 13039 to Use Permit
               No. 117C, Horizon Business Center, approved by the
               Planning Director on July 11, 2013, requested by Olsson
               Associates, to increase the square footage on Lots 32
               and 33, create a new Lot 38 and revise the lot layout
               of all lots, on property generally located at S.
               14th St. and Infinity Court.
               Administrative Amendment No. 13044 to Use Permit
               No. 56F, approved by the Planning Director on July 11,
               2013, requested by Olsson Associates, to revise the
               site layout for Building E and the Land Use table, on
               property generally located at N. 27th St. and
               Cornhusker Hwy.

15)    MISCELLANEOUS REFERRALS - NONE

                     - END CONSENT AGENDA -

PUBLIC HEARING - LIQUOR RESOLUTIONS

16)            Application of Big Red Hotel II LLC dba Hilton Garden
               Inn Hotel for a Class I liquor license at 801 R Street.
               (7/15/13 - Public Hearing & Action delayed 1 week to
               7/22/13) (ADOPTED, 7-0; A-87437)

17)            Manager application of John E. Klimpel for Big Red
               Hotel II LLC dba Hilton Garden Inn Hotel at 801 R
               Street. (7/15/13 - Public Hearing & Action delayed 1
               week to 7/22/13) (ADOPTED, 7-0; A-87438)

18)            Application of Yard Investments dba Gate 25 for a Class
               C liquor license at 300 Canopy Street, Suite 140. 
               (MTA #1 ADOPTED, 6-1; CAMP, CHRISTENSEN, COOK,
               EMERY, ESKRIDGE, FELLERS, ASSENTING; GAYLOR BAIRD
               DISSENTING; ADOPTED AS AMENDED, 7-0; A-87439)

19)            Manager application of Brandon J. Akert for Yard
               Investments dba Gate 25 at 300 Canopy Street, Suite
               140. (ADOPTED, 7-0; A-87440)

20)            Application of Yard Investments dba Gate 25 for a Class
               E Entertainment District liquor license at 300 Canopy
               Street, Suite 140. (ADOPTED, 7-0; A-87441)

PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
     (as required) (ITEMS 21 THRU 28 HAD 2ND READING) (SEE ITEM 21)

21)  13-78     Approving a lease agreement between Southeast
               Community College and the City of Lincoln for the
               lease by the City of 3,965 square feet of space at
               1111 O Street for purposes of Adult and Dislocated
               Worker and Youth Workforce Investment Act Services
               and the American Job Center for a term of October
               1, 2013 through September 30, 2017 with options to
               renew for two additional four year terms.
               (Request to have 2nd & 3rd Reading on 7/22/2013)
               (RULES SUSPENDED TO HAVE 3RD READING W/ACTION ON 
               THIS DATE, 6-1; CHRISTENSEN, COOK, EMERY, ESKRIDGE,
               FELLERS, GAYLOR BAIRD ASSENTING, CAMP DISSENTING;
               MTA #1 TO ACCEPT SUBSTITUTE ORDINANCE ADOPTED, 7-0;
               PASSED AS AMENDED, 7-0; #19893))
               Fact Sheet (91K)
               Attachment (5860K)
               Motion To Amend (111K)

22)  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)
               Fact Sheet (1026K)
               Attachment (24K)

23)  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)
               Fact Sheet (1449K)
               Attachment (144K)

24)  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)
               Fact Sheet (69K)

25)  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)
               Fact Sheet (64K)

26)  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: 7/29/13)
               Attachment (279K)

27)  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)
               Fact Sheet (4108K)

28)  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.
               Attachment (1500K)

PUBLIC HEARING - RESOLUTIONS

29)  13R-143   Approving the Amended and Restated Bylaws of the
               Nebraska Utility Corporation (NUCorp) and the
               Interlocal Cooperation Agreement in order to implement
               the fiscal year change of NUCorp and related matters.
               (ADOPTED, 7-0; A-87442)
               Fact Sheet (173K)

30)  13R-144   Approving and adopting the changes in the Rules
               Governing the Public, Educational and Governmental
               (PEG) Access Channels for Lincoln, Nebraska, proposed
               by the Cable Advisory Board. (ADOPTED, 7-0; A-87443)
               Fact Sheet (39K)
               Attachment (554K)

31)  13R-145   Approving a LPA Program Agreement between the City of
               Lincoln and the Nebraska Dept. of Roads for the use of
               Federal Surface Transportation Program Funds for
               construction and construction engineering of the repair
               of the 27th and Fairfield & West O Street bridges over
               Salt Creek (State Project No. LCLC-5231(15), CN 13247).
               (ADOPTED, 7-0; A-87444)
               Fact Sheet (12K)
               Attachment (2406K)

32)  13R-147   Approving the issuance by the West Haymarket Joint
               Public Agency of not to exceed $10,000,000 of its
               Revenue Promissory Notes and related matters.
               (ADOPTED, 7-0; A-87445)

33)  13R-151   Approving the Unit Price Contract between the City of
               Lincoln and Omaha Pneumatic Equipment Company for Parts
               and Service for Quincy Air Compressor for StarTran,
               pursuant to Quote No. 4300, for a two year term with
               the option to renew for one additional two year term.
               (ADOPTED, 7-0; A-87446)
               Fact Sheet (129K)
               Attachment (7865K)

34)  13R-153   Creating the Pinnacle Bank Arena Advisory Committee
               consisting of seven volunteer appointed members.
               (Related Items: 13R-153, 13R-160) (ADOPTED, 
               7-0; A-87447)
               Fact Sheet (116K)

35)  13R-160   Repealing Resolution No. A-41236 adopted June 4,
               1956, as amended by Resolution No. A-65580, which
               created the Auditorium Advisory Committee.   
               (Related Items: 13R-153, 13R-160)
               (ADOPTED, 7-0; A-87448)

36)  13R-154   Accepting the report of new and pending claims against
               the City and approving disposition of claims set forth
               for the period of June 16 - 30, 2013. (ADOPTED, 7-0;
               A-87449)
               Fact Sheet (7K)
               Attachment (23K)

37)  13R-155   Use Permit 152A   Application of VerMaas Land Co., LLC
               to amend the existing use permit to allow a reduction
               in the front yard setback along Highway 2 for
               additional parking, on property generally located at
               South 13th Street and Highway 2. (ADOPTED, 7-0; A-87450)
               Fact Sheet (2293K)

38)  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. (ACTION DELAYED ONE WEEK TO 07/29/13, 7-0)
               Fact Sheet (6451K)

39)  13R-157   Approving the City of Lincoln, Nebraska StarTran Title
               VI Report to the Federal Transit Administration. 
               (MTA #1 TO ACCEPT SUBSTITUTE RESOLUTION ADOPTED,
               7-0; ADOPTED AS AMENDED, 7-0; A-87451)
               Fact Sheet (120K)
               Attachment (4400K)
               Motion To Amend (12K)


ORDINANCE - 3RD READING & RESOLUTION - FOR PUBLIC HEARING & ACTION

40)  13-75     Approving an Agreement between the City of Lincoln
               and 1320 P LLC for a wall easement at 1320 P
               Street in conjunction with development of Civic
               Plaza, granting of a building restriction easement
               along the eastern boundary of the Civic Plaza, and
               providing an option for the development and
               operation of a sidewalk caf? in the southeastern
               area of the Civic Plaza. (Related Items 13-75,
               13R-152)  (7/1/13 - Public Hearing cont'd
               with Action on 7/22/13) (PASSED, 7-0; #19894) 
               Fact Sheet (126K)
               Attachment (3173K)

41)  13R-152   Approving the appropriation of $100,000 of previously-
               appropriated Keno funds to the Civic Plaza Capital
               Improvement Project for costs associated with the
               development of the area located at 1320 P Street.
               (Related Items 13-75, 13R-152) (ADOPTED, 7-0; 
               A-87452) 
               Fact Sheet (100K)

                       - END PUBLIC HEARING -

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

42)   13-77    Amending the pay schedule for a certain employee
               group whose classifications are assigned to the
               pay range which is prefixed by the letter "A" by
               changing the title and pay range of the
               classification "Labor Supervisor II" to "District
               Supervisor."  (PASSED, 7-0; #19895)
               Fact Sheet (7K)
               Attachment (183K)

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 43 & 44 HAD 1ST READING)

43)  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)

44)  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)

RESOLUTIONS - 1ST READING (ITEMS 45 THRU 48 HAD 1ST READING)

45)  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.
               Fact Sheet (37K)
               Attachment (143K)

46)  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. 
               Fact Sheet (54K)
               Attachment (1029K)

47)  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.
               Attachment (1021K)

48)  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.
               Fact Sheet (7K)
               Attachment (20K)


PENDING LIST - DATE CERTAIN - NONE

PENDING LIST   (EXTENDED ONE WEEK)

49)  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

50)  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)

51)  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)

52)  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  6:41 P.M.


UPCOMING HEARINGS

Hearing date of Monday, July 29, 2013 at 5:30 p.m. for Board of
Equalization Meeting Special Assessment Group I.

                                       
                             ***
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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