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Formal Agenda


          ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, JANUARY 28, 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-26    Appointing Mandy R. Hatcher to the Veterans
               Memorial Advisory Council for a term expiring
               November 1, 2015. (ADOPTED, 7-0; A-87176)
               Attachment (69K)

 2)  13R-9     Reappointing Jerry L. Hudgins, Vicki Huff
               and Marilyn McNabb to the Lincoln Electric
               System Administrative Board for terms
               expiring December 31, 2015. (P.H. Con't
               to 1/28/13) (ADOPTED, 7-0; A-87177)

 3)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on January 7, 2013.  (PLACED ON FILE)

 4)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on January 14, 2013.  (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 5)            Setting the hearing date of Monday, February 11,
               2013 at 3:00 p.m. for the application of TLD
               Foods, Inc. dba Sam & Louie's for a Class IK
               liquor license located at 1332 P Street, Suite A.
               (ADOPTED, 7-0; A-87178)

 6)            Setting the hearing date of Monday, February 11,
               2013 at 3:00 p.m. for the application of Vina
               Market I, LLC dba Vina Market for a Class C
               liquor license located at 611 N. 27th Street.
               (ADOPTED, 7-0; A-87179)

 7)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 12065 to
               Special Permit No. 421D, Carriage Hill Community
               Unit Plan, approved by the Planning Director on
               January 16, 2013 requested by Mahris Custom
               Homes to permit a building addition and reduce
               the yard for two, two-family dwellings adjacent
               to the east lot line on property generally
               located near S. 80th Street and A Street.
               Administrative Amendment No. 12072 to
               Change of Zone No. 05026B, Apple's Way Planned
               Unit Development, approved by the Planning
               Director on January 16, 2013 requested by
               Neighbors Family Homes to adjust the rear
               setback for Lot 8, Block 1 (6304 Pomodoro Court)
               from 30 feet to 27 feet on property generally
               located near S. 63rd Street and Highway 2.


 8)    MISCELLANEOUS  REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 9)            Application of Napoli LLC dba Florio's Italian
               Steakhouse and Lounge for a Class I liquor
               license at 8701 Andermatt Drive.
               (ADOPTED FOR APPROVAL, 7-0; A-87180)

10)            Manager application of Florim Ramadani for
               Napoli LLC dba Florio's Italian Steakhouse and
               Lounge at 8701 Andermatt Drive.
               (ADOPTED FOR APPROVAL, 7-0; A-87181)

11)            Application of Selama LLC dba Kong's Liquor for
               a Class D liquor license at 1401 North 56th
               Street, Suites 105 & 106. (ADOPTED FOR APPROVAL, 7-0;
               A-87182)

12)            Manager application of Fiseha Tesfazion for
               Selama LLC dba Kong's Liquor at 1401 North 56th
               Street, Suite 105 & 106. (ADOPTED FOR APPROVAL, 7-0;
               A-87183)

13)            Application of Overlord LLC dba Bunners for a
               Class I liquor license at 2785 South 17th
               Street. (ADOPTED FOR APPROVAL, 7-0; A-87184)

14)            Manager application of Theresa K. Morey for
               Overlord LLC dba Bunners at 2785 South 17th
               Street. (ADOPTED FOR APPROVAL, 7-0; A-87185)

15)            Application of CCW, LLC dba Huhot Mongolian
               Grill for a Class I liquor license at 2525 Pine
               Lake Road, Suite 200. (ADOPTED FOR APPROVAL, 7-0;
               A-87186)

16)            Manager application of Roger J. Kneivel for CCW,
               LLC dba Huhot Mongolian Grill at 2525 Pine Lake
               Road, Suite 200. (ADOPTED FOR APPROVAL, 7-0;
               A-87187)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)

     NONE


PUBLIC HEARING - RESOLUTIONS

17)  13R-21    Approving Legends Bar & Grill as a Keno
               satellite site at 8300 Northwoods Drive.
               (ADOPTED, 7-0; A-87188)
               Fact Sheet (95K)

18)  13R-22    Authorizing a request to the State of Nebraska,
               Board of Public Roads Classifications and
               Standards, for relaxation of the Minimum Design
               Standards to allow ten foot wide lanes in North
               33rd Street from P Street to Holdrege Street,
               City Project 701775. (ADOPTED, 7-0; A-87189)
               Fact Sheet (13K)
               Attachment (15738K)

19)  13R-23    Approving a fee for the Lift Assist service
               performed by Lincoln Fire and Rescue in the
               amount of $250.00, pursuant to Section 2.20.200
               of the Lincoln Municipal Code.
               (ADOPTED, 7-0; A-87190)
               Fact Sheet (87K)

20)  13R-24    Approving a Consultant Agreement between the
               City of Lincoln and Ameritas Investment Corp.
               for Financial Consulting Services for
               professional assistance in the issuance of debt
               securities by the City for a four year term.
               (ADOPTED, 7-0; A-87191)
               Fact Sheet (94K)
               Attachment (743K)

21)  13R-25    Approving five Contract Agreements between the
               City of Lincoln, Lancaster County and the
               Lincoln-Lancaster County Public Building
               Commission and All Makes Office Equipment, AOI
               Corporation, Office Interiors & Design, Pay-Less
               Office Products and Staples, Inc. for the annual
               supply of Office Seating, pursuant to Bid No.
               12-249, for four-year terms with the option to
               renew for one additional four-year term.
               (ADOPTED, 7-0; A-87192)
               Fact Sheet (159K)
               Attachment (19736K)

22)  13R-27    Approving two Contract Agreements between the
               City of Lincoln and Lesoing's Inc. and
               Stephenson Truck Repair, Inc. for the annual
               requirements for Automotive Paint and Body Work,
               pursuant to Quote No. 3997, for two year terms
               with the option to renew for one additional two-
               year term. (ADOPTED, 7-0; A-87193)
               Fact Sheet (150K)
               Attachment (9745K)


                      - END PUBLIC HEARING -


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

23)  13-1      Amending Chapter 24.05 of the Lincoln
               Municipal Code, the Lincoln Gas Piping
               Systems Code, by amending Section 24.05.010
               to provide that Standards 54 and 58 of the
               1992 National Fire Protection Association
               (NFPA) Standards as amended from time to
               time shall be considered part of the
               Lincoln Gas Piping Code; amending Section
               24.05.260 to provide examinations for
               master or journeyman gas fitters shall be
               held at dates, times and places as may be
               determined by the Director of Building and
               Safety upon at least 14 days notice
               thereof; amending Section 24.05.350 to
               increase certain examination and
               registration fees; and amending Section
               24.05.380 to increase certain permit fees.
               (MTA #1, ADOPTED, 7-0; PASSED AS AMENDED, 7-0;
               #19822)
               Fact Sheet (114K)
               Motion To Amend (6K)

24)  13-2      Amending Chapter 8.16 of the Lincoln
               Municipal Code, Contagious and Infectious
               Diseases, by repealing Sections 8.16.010,
               8.16.020, 8.16.030, 8.16.040, 8.16.050,
               8.16.060, 8.16.070, 8.16.080, and 8.16.090
               in their entirety. (PASSED, 7-0; #19823)
               Fact Sheet (97K)

25)  13-3      Amending Chapter 8.24 of the Lincoln
               Municipal Code, Lincoln's Noise Control
               Ordinance, by amending Section 8.24.080 to
               change requirements for reports; amending
               Section 8.24.140 to clarify exemption
               provisions related to government
               activities; and amending Section 8.24.150
               to update provisions for appeal procedures.
               (PASSED, 7-0; #19824)
               Fact Sheet (94K)


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 26 
THRU 33 HAD 1ST READING)

26)  13-10     Authorizing the issuance of not to exceed
               $9,000,000 aggregate principal amount of
               Solid Waste Management Revenue and
               Refunding Bonds, and related matters.

27)  13-4      Change of Zone 10014A - Application of
               Union Bank to amend the Northwoods Plaza
               Planned Unit Development to change the
               number of dwelling units from 80 to 150 on
               property generally located at North 84th
               Street and Holdrege Street.
               Fact Sheet (2827K)

28)  13-5      Change of Zone 12033 - Amending Title 27 of
               the Lincoln Municipal Code (Zoning
               Ordinance) to reformat Chapter 27.72
               (Height and Lot Regulations) and to include
               regulations that were not carried over from
               Chapter 27.71 to 27.72; to provide
               clarification as to how uses are regulated
               by amending Chapters 27.02 Definitions,
               27.06 Use Groups, 27.39 H-1 Interstate
               Commercial District, 27.62 Conditional
               Uses, 27.63 Special Permits, 27.69 Signs,
               27.72 Height and Lot Regulations.
               (Related Items: 13-5, 13R-29)
               (Action Date: 2/11/13)
               Fact Sheet (8628K)

29)  13R-29    Misc. No. 12018 - Application of the Planning
               Director to amend the City of Lincoln Design
               Standards by amending Chapter 3.5 (Landscaping
               and Screening) to provide clarification
               regarding screening requirements for motorized
               vehicle repair and service facilities.
               (Related Items: 13-5, 13R-29)
               (Action Date: 2/11/13)
               Fact Sheet (264K)
               Attachment (24K)

30)  13-6      Change of Zone 12036 - Application of Kevin
               Rhinehart for a change of zone from R-2
               Residential District to R-2 Residential
               District with Landmark Overlay, designating
               the Myron Wheeler House as a Landmark, on
               property generally located at 1717 D
               Street.
               Fact Sheet (3716K)
               Attachment (1387K)

31)  13-7      Amending the pay schedule for a certain
               employee group whose classifications are
               assigned to the pay range which is prefixed
               by the letter "M" by creating the
               classification of "Public Works and
               Utilities Assistant Director."
               Fact Sheet (12K)
               Attachment (9K)

32)  13-8      Approving a Real Estate Sales Agreement
               between the City of Lincoln and the Housing
               Authority of the City of Lincoln for the
               sale of City property described as Lot 2
               and the north 5 feet of Lot 3, Block 1,
               Gibbon's Addition, more commonly known as
               1621 North 29th Street.
               Fact Sheet (115K)
               Attachment (1706K)

33)  13-11     Approving a lease agreement between the
               Lincoln Medical Educational Partnership and
               City of Lincoln, on behalf of the Lincoln
               Police Department for space to be utilized
               for the Southeast Team Substation for an
               eight month term.
               Fact Sheet (103K)
               Attachment (994K)


RESOLUTIONS - 1ST READING (ITEMS 34 THRU 36 HAD 1ST READING)

34)  13R-28    Approving an Interlocal Agreement between the
               Omaha-Council Bluffs Metropolitan Area Planning
               Agency, Lancaster County and City of Lincoln to
               obtain digital map products including aerial
               photography over Lancaster County and updating
               existing building footprints within Lancaster
               County.
               Fact Sheet (92K)

35)  13R-31    Approving a Memorandum of Understanding between
               the State of Nebraska Department of Motor
               Vehicles and the City of Lincoln Police
               Department for the use of the DMV Facial
               Recognition System for a four year period.
               Fact Sheet (95K)
               Attachment (182K)

36)  13R-32    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of January 1 -
               15, 2013.
               Fact Sheet (10K)
               Attachment (24K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

37)  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

38)  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)

39)  10-4      Change of Zone 08075 - Application of
               Waterford Estates, LLC, for a change of
               zone from AG Agricultural District to B-2
               Planned Neighborhood Business District on
               property generally located at North 98th
               Street and O Street. (Related Items 10-4, 
               10R-26) (Request to place on Indefinite
               Pending) (1/11/10 - Placed on Indefinite
               Pending & to have P.H. when removed from
               Pending)

40)  10R-26    Use Permit 08003 - Application of Waterford
               Estates, LLC, to develop 250,000 sq. ft. of
               commercial floor area on property generally
               located at North 98th Street and O Street.
               (Related Items 10-4, 10R-26) (Action Date:
               2/1/10) (Request to place on Indefinite Pending)
               (1/11/10 - Placed on Indefinite Pending & to
               have P.H. when removed from Pending)

41)            Hearing date of Monday, February 1, 2010,
               requested by J. Michael Rierden on behalf of
               Lincoln Federal Savings Bank and Stonebridge
               Creek LLC appealing from the determination of
               Impact Fees imposed on the property legally
               described as Lots 39, 45, 46, 47, 49, 50 in
               Section 25, Township 11 North, Range 6 East
               generally located between Centurion Drive and
               North 27th Street along both sides of Alvo Road,
               Lancaster County, Nebraska.  (9/14/09 -
               Placed on Pending, Date Certain to have P.H. on
               2/01/2010) (Request to place on Indefinite
               Pending) (1/11/10 - Placed on Indefinite Pending
               & to have P.H. when removed from Pending)

42)  10-8      Change of Zone 09003 - Application of
               Yankee Hill Townhomes, LLC, for a change of
               zone from AG Agricultural, R-3 Residential
               and R-4 Residential to R-4 Residential
               District Planned Unit Development for 84
               townhomes, 348 apartments and 30,000 square
               feet of commercial land uses, with waivers
               to adjust the minimum average lot, the
               minimum lot area, the front, side and rear
               setbacks, and the 3:1 width to depth ratio,
               on property generally located at South 84th
               Street and Yankee Hill Road. (Request to
               place on Indefinite Pending & to have P.H.
               when removed from Pending) (1/25/10 -
               Placed on Indefinite Pending & to have P.H.
               when removed from Pending)

43)  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)

44)  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)


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
     SESSIONS FOR THE MONTH OF JANUARY ARE THE 14TH & 28TH.


ADJOURNMENT   6:43 P.M.




                                  ***
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                     on 5 City-TV, Cable Channel 5.
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                             lincoln.ne.gov
                              

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