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Formal Agenda


              ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                      MONDAY, JUNE 3, 2013 AT 3:00 P.M.

                      ALL MEMBERS PRESENT EXCEPT CAMP

                      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-108   Appointing Catherine Beecham to the Lincoln City-
               Lancaster County Planning Commission for a term
               expiring September 24, 2013. (ADOPTED, 6-0;
               A-87341)
               Attachment (277K)

 2)  13R-109   Reappointing Catherine Beecham to the Lincoln
               City-Lancaster County Planning Commission for a
               term expiring September 24, 2019. (ADOPTED, 6-0;
               A-87342)

 3)            Resolution approving the City of Lincoln's
               Investment Activity Report from the City Treasurer
               for the for the Second Quarter, Fiscal Year 2012-
               2013. (ADOPTED, 6-0; A-87343)

 4)            Lincoln Electric System Annual Report for 2012.
               (PLACED ON FILE)

 5)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on May
               13, 2013. (PLACED ON FILE)

 6)            Clerk's Letter and Mayor's Approval of Ordinance
               Number 19881 passed by the City Council on May 20,
               2013. (PLACED ON FILE)

 7)            Clerk's Letter and Mayor's Approval of Resolutions
               passed by the City Council on May 20, 2013.
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 8)            Setting the hearing date of Monday, June 17, 2013
               at 3:00 p.m. for the application of Asian Fusion,
               Inc. dba Asian Fusion for a Class I liquor license
               located at 2840 Jamie Lane. (ADOPTED, 6-0; A-87344)

 9)            Setting the hearing date of Monday, June 17, 2013
               at 3:00 p.m. for the application of BW & R Canopy,
               LLC dba Buffalo Wings & Rings for a Class I liquor
               license located at 350 Canopy Street, Suite 200.
               (ADOPTED, 6-0; A-87345)

10)            Setting the hearing date of Monday, June 17, 2013
               at 3:00 p.m. for the application of Carey Johnson
               Oil Company, Inc. dba EZ Go #80 for a Class D
               liquor license located at 2555 O Street. (ADOPTED,
               6-0; A-87346)

11)            Setting the hearing date of Monday, June 17, 2013
               at 3:00 p.m. for the application of Peace a Pie,
               LLC dba Mellow Mushroom for a Class I liquor
               license located at 601 R Street. (ADOPTED, 6-0;
               A-87347)

12)            Setting the hearing date of Monday, June 17, 2013
               at 3:00 p.m. for the application of Nebraska
               Dining Holding, LLC dba Noodles & Company 7105 for
               a Class I liquor license located at 5001 O Street.
               (ADOPTED, 6-0; A-87348)

13)            Setting the hearing date of Monday, June 17, 2013
               at 3:00 p.m. for the application of Zell's Lounge,
               LLC dba Zell's Lounge for a Class I liquor license
               located at 1011 W. Dawes Avenue. (ADOPTED, 6-0;
               A-87349)

14)            REFERRALS TO THE PLANNING DEPARTMENT:
               Change of Zone No. 13006 - requested by New
               Horizons Enterprises, LLC., to designate the
               Bowman House as a Historic Landmark, on property
               legally described as a portion of Lot 6, Block
               209, Lincoln Original Plat, located in the SE 1/4
               of Section 26-10-6, Lancaster County, Nebraska,
               generally located at S. 12th Street and D
               Street (1201 D Street).
               Change of Zone No. 13010 - requested by
               Cameron Townhomes II, for AGR Agricultural
               Residential District to R-3 Residential District,
               on property legally described as a portion of Lots
               15, 93 and 111, I.T., located in the SW 1/4 of
               Section 16-9-7, Lancaster County, Nebraska,
               generally located at S. 56th Street and
               Shadow Pines Drive.
               Special Permit No. 13014 - requested by New
               Horizons Enterprises, LLC., for historic
               preservation, for use of a landmark property as a
               business office and residence, on property legally
               described as a portion of Lot 6, Block 209,
               Lincoln Original Plat, located in the SE 1/4 of
               Section 26-10-6, Lancaster County, Nebraska,
               generally located at S. 12th Street and D
               Street (1201 D Street).
               
15)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 13028 to
               Special Permit No. 1762D, Vintage Heights
               Community Unit Plan, approved by the Planning
               Director on May 14, 2013, requested by Vernon
               Thornbrugh, to adjust the rear yard from 22.5 feet
               to 10 feet for a covered, unenclosed patio or deck
               on property located at 6714 Glass Ridge. Rd.
               Administrative Amendment No. 13032 to Change
               of Zone No. 12018, Holdrege/Idylwild Planned Unit
               Development, approved by the Planning Director on
               May 15, 2013, requested by Olsson Associates, to
               removed the parking stalls on Idylwild Dr., add
               Note #8, correct the number of required stalls for
               commercial use in the B-1 PUD parking calculations
               and remove the finish floor elevation on the
               grading plan, on property generally located at
               Idylwild Dr. and Holdrege St. 
               Administrative Amendment No. 13033 to Change
               of Zone No. 2741, Hallshire Estates Planned Unit
               Development, approved by the Planning Director on
               May 16, 2013, requested by Design Associates, to
               reduce a portion of the side yard from 10 feet to
               7 feet for 5300 Hallshire Court, on property
               generally located at S. 52nd St. and Old
               Cheney Rd. 
               Administrative Amendment No. 13025 to Special
               Permit No. 1674, Cheney Ridge Community Unit Plan,
               approved by the Planning Director on May 17, 2013,
               requested by  TCS Family Farms LP, to increase the
               number of apartment units from 200 to 207, thereby
               increasing the total number of dwelling units
               within the CUP from 328 to 335, on property
               generally located near S. 84th St. and
               Cheney Ridge Rd. 
               Administrative Amendment No. 13034 to Change
               of Zone No. 05054A, Prairie Village Planned Unit
               Development, approved by the Planning Director on
               May 20, 2013, requested by Prairie Home Builders,
               Inc., to eliminate the requirement of a window on
               the street facade for retail and office buildings
               that are setback 100 feet or more from the street
               right-of-way, on property generally located at N.
               84th St. and Adams St. 


16)    MISCELLANEOUS REFERRALS - NONE

                  - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

17)            Application of D'Leon's Taco Rico Inc. dba Guapo's
               Bar and Grill for a Class C liquor license at 2310
               N. 1st Street. (ADOPTED FOR APPROVAL, 6-0; A-87350)

18)            Manager application of Sylvia Chacon for D'Leon's
               Taco Rico Inc. dba Guapo's Bar and Grill at 2310
               N. 1st Street. (ADOPTED FOR APPROVAL, 6-0; A-87351)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEM 19 HAD 2ND READING)

19)  13-64     Change of Zone 13007 - Application of William
               and Marcia Thornton for a change of zone from
               R-7 Residential District to R-7 Residential
               District with Landmark Overlay to designate
               the Conrad A. Schaaf House generally located
               at 659 South 18th Street as a Landmark.
               Fact Sheet (2022K)
               Attachment (1396K)


PUBLIC HEARING - RESOLUTIONS

20)  13R-99    Approving an amendment to the FY 12/13 CIP to
               authorize and appropriate $5.728 million in TIF
               funds for the P Street Streetscape Project on
               property generally located in the rights of way
               along P Street from 11th Street to Centennial
               Mall, and 9th, 11th, 12th, 13th and 14th Streets
               from O to Q Street, in Downtown Lincoln.
               (ADOPTED, 6-0; A-87352)
               Fact Sheet (129K)
                              
21)  13R-100   Approving the labor contract between the City and
               the Amalgamated Transit Union for a one year term
               effective August 16, 2012 through August 14, 2013.
               (ADOPTED, 6-0; A-87353)
               Fact Sheet (7K)
               Attachment (270K)
               Attachment (276K)

22)  13R-101   Amending the Nebraska Innovation Campus
               Redevelopment Agreement adopted by Resolution No.
               A-86109 on November 8, 2010 by replacing Exhibit
               E, Project Area Phase I, and including a new legal
               description. (ADOPTED, 6-0; A-87354)
               Fact Sheet (8K)
               Attachment (9003K)

23)  13R-102   Approving a Funding Agreement between the City and
               the Nebraska Dept. of Roads for the use of Federal
               Surface Transportation Program Funds for Fracture
               Critical Bridge Inspection of the east leg of the
               Big X and a bridge access to City property at the
               Ashland Water Treatment Plant (State Project No.
               STP-NBIS(99), CN 00886). (ADOPTED, 6-0; A-87355)
               Fact Sheet (12K)
               Attachment (142K)

24)  13R-103   Approving a Funding Agreement between the City and
               the Nebraska Dept. of Roads for the use of Federal
               Surface Transportation Program Funds to receive a
               distribution of State Cash through the Federal
               Funds Purchase Program for bridge repair and
               maintenance. (ADOPTED, 6-0; A-87356)
               Fact Sheet (11K)
               Attachment (145K)

25)  13R-104   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of May 1 - 15,
               2013. (ADOPTED, 6-0; A-87357)
               Fact Sheet (7K)
               Attachment (23K)

                  - END PUBLIC HEARING -


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

26)  13-63     Change of Zone 13005 - Application of OSI
               Brothers, LLC, on behalf of the owner David
               W. Bratcher, LLC, for a change of zone from
               AG Agriculture District to AG Agriculture
               District with Landmark Overlay, to designate
               the Lincoln Air Force Base Remote Facility
               generally located at 6901 West Adams Street,
               as a Landmark. (PASSED, 6-0; #19882)
               Fact Sheet (4564K)
               Attachment (335K)


  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 27
THRU 31 HAD 1ST READING)

27)  13-65     Approving a Real Estate Sales Agreement
               between the City of Lincoln and
               Neighborhoods, Inc. dba NeighborWorks Lincoln
               for the sale of City property described as
               Lot 5, Block 4 and the east 90 feet of Lot 1
               and all of Lot 2, Houtz and Baldwin's
               Subdivision; Lot 7, Block 8, Second East Park
               Addition and Lot 3, Block 3, Gibbon's
               Addition, more commonly known as 540, 541,
               545 and 1531 N. 28th Streets and 2800 Y
               Street.
               Fact Sheet (63K)
               Attachment (336K)

28)  13-66     Approving the First Amendment to Lease
               Agreement between the City of Lincoln, on
               behalf of the Lincoln-Lancaster County Health
               Department, and Enterprise Company, Inc. to
               extend the term of the lease of approximately
               813 square feet of floor space at 2662
               Cornhusker Highway for the Women, Infants and
               Children (WIC) Supplemental Nutrition Program
               for an additional three years from November
               1, 2013 to October 31, 2016.
               Fact Sheet (42K)
               Attachment (64K)

29)  13-67     Text Amendment -- Amending and reorganizing
               Chapter 27.75 of the Lincoln Municipal Code
               relating to the Board of Zoning Appeals to
               simplify and clarify the process for filing
               variances by renumbering existing Section
               27.75.020 as Section 27.75.040 and amending
               it to grant explicit authority to cancel
               regularly scheduled meetings of the Board of
               Zoning Appeals; amending Section 27.75.030 to
               revise the procedure for appeals and to
               establish a procedure to obtain Board of
               Zoning Appeals review of petitions for
               variances and exceptions; renumbering
               existing Section 27.75.040 as 27.75.020 and
               amending it to distinguish between the Board
               of Zoning Appeals' appellate jurisdiction and
               original jurisdiction; amending Section
               27.75.050 to further define the jurisdiction
               of the Board of Zoning Appeals; and amending
               Section 27.75.060 to provide that any
               decision approving a petition for a variance
               or an exception shall be by resolution of the
               Board of Zoning Appeals.
               Fact Sheet (219K)

30)  13-68     Change of Zone 13009 - Application of
               Campbell's Nursery for a change of zone from
               R-2 Residential District to O-3 Office Park
               PUD for a mixed use development consisting of
               residential, office, and retail uses on the
               underlying O-3 zoned area generally located
               east of the intersection of South 40th Street
               and Lake Street.
               Fact Sheet (3880K)

31)  13-69     Amending Section 10.16.030 of the Lincoln
               Municipal Code, relating to penalties for
               driving under the influence of alcoholic
               liquor, to conform with recent changes in the
               state law by increasing the period of an
               operator's license revocation from one year
               to 18 months for a second offense DUI and
               requiring an ignition interlock device to be
               installed on any motor vehicle owned or
               operated by a person convicted of a second
               offense DUI for at least one year.
               Fact Sheet (7K)


RESOLUTIONS - 1ST READING (ITEMS 32 THRU 34 HAD 1ST READING)

32)  13R-110   Approving a LPA Program Agreement between the City
               and the Nebraska Dept. of Roads for the use of
               Federal Surface Transportation Program Funds for
               construction and construction engineering of the
               70th Street, Van Dorn to Eastborough Concrete
               Pavement Repair Project (State Project No.
               LCLC-5247(13), CN 13243).
               Fact Sheet (13K)
               Attachment (2014K)

33)  13R-111   Certifying the appointment of Doug Emery to the
               West Haymarket Joint Public Agency Board of
               Representatives for a four-year term or for so
               long as such representative serves in his position
               as City Council Member.

34)  13R-112   Establishing an Entertainment District in the area
               south of the Pinnacle Bank Arena generally bounded
               by 7th Street, the north/south alley west of
               Canopy Street, R Street and Q Street.
               Fact Sheet (90K)
               Attachment (3482K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST   (EXTENDED ONE WEEK)

35)  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

36)  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)

37)  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)

38)  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 JUNE WILL BE HELD ON JUNE 10TH AND JUNE 24TH


ADJOURNMENT  4:17 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.
                              ****
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                          Internet at:
                         lincoln.ne.gov
                              

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