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Formal Agenda


               ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                     MONDAY, OCTOBER 14, 2013 AT 3:00 P.M.

                  ALL MEMBERS PRESENT EXCEPT CAMP AND COOK

             DUE TO THE VETERAN'S DAY HOLIDAY - THERE WILL BE NO 
                  CITY COUNCIL MEETING MON., NOV. 11, 2013
 
                       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-235   Approving a Service Agreement between the City of
               Lincoln, on behalf of the Lincoln-Lancaster County
               Health Department, and Iowa College Acquisition, LLC,
               dba Kaplan University, for Federal Work Study program
               funds for students enrolled in a business program to
               provide basic office assistance at the Health
               Department for a term of July 1, 2013 through June 30,
               2015. (ADOPTED, 5-0; A-87600)
               Fact Sheet (44K)
               Attachment (483K)

 2)            Resolution approving the City of Lincoln's Investment
               Activity Report from the City Treasurer for the Fourth
               Quarter, ending August 31, 2013. (ADOPTED, 5-0; A-87601)

 3)            Setting the Hearing Date of Monday, November 4, 2013 at 
               3:00 P.M. for the Board of Equalization to equalize the 
               assessments for the Downtown Business Improvement District, 
               Core Business Improvement District Overlay & Downtown 
               Maintenance District. (APPROVED, 5-0)

 4)            Clerk's Letter and Mayor's Approval of Resolutions and
               Ordinances passed by the City Council on September 30,
               2013. (PLACED ON FILE)

 5)            Report from the City Treasurer of City Cash on hand at
               the close of business August 31, 2013. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 6)            REFERRED TO THE PLANNING DEPARTMENT:
               Change of Zone No. 13023 - Requested by MBA
               Apartments, LLC, from R-1 Residential District to R-4
               Residential District, on property generally located at
               S. 55th Street and Shady Creek Court.
               Special Permit No. 585C - Requested by MBA
               Apartments, LLC, for an amendment to the Quail Valley
               Community Unit Plan, to add two buildings comprising of
               approximately 48 additional multi-family units, on
               property generally located at S. 55th Street and Shady
               Creek Court.
               Use Permit No. 102A - Requested by St. Patrick
               Catholic Church, for an amendment to reduce the front
               yard setback to 8 feet on a portion of N. 61st Street
               and a portion of Morrill Avenue for a parking lot, and
               to reduce the front yard setback to 1 foot on a portion
               of N. 62nd Street for a building expansion, on property
               generally located at N. 61st Street and Morrill Avenue
               (6126 Morrill Avenue).

 7)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 13066 to Special
               Permit No. 1832, Mechling's Wilderness Park Estates,
               approved by the Planning Director on October 1, 2013,
               requested by Alan McHargue, to adjust the front yard
               setback on Lots 2 and 3, Block 1, from 30 feet to 20
               feet on property generally located at S. 14th
               St. and Mockingbird Lane.
               Administrative Amendment No. 13070 to Special
               Permit No. 1762D, Vintage Heights Community Unit Plan,
               approved by the Planning Director on October 2, 2013,
               requested by Tuscany Townhomes, LLC, to adjust the rear
               setback to 15 feet for buildings and to 9 feet for
               covered, unenclosed decks for Lots 21-30, Block 30 on
               property generally located near S. 84th St.
               and Foxtail Dr.
               Administrative Amendment No. 13067 to Special
               Permit No. 1959, Prairie Village Community Unit Plan,
               approved by the Planning Director on October 7, 2013,
               requested by Pedcor Investments, LLC, to revise the
               layout of the apartment complex on property generally
               located at N. 84th St. and Leighton Ave. 

                       - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

 8)            Application of TPG Holdings, LLC dba Ye Old Pub 
               (nka The Hot Mess)for a Class C liquor license 
               located at 408 S. 11th Street. 
               (ADOPTED FOR APPROVAL, 5-0; A-87602)

 9)            Manager application of Jason A. Ables for TPG Holdings,
               LLC dba Ye Old Pub (nka The Hot Mess) located at 
               408 S. 11th Street. 
               (ADOPTED FOR APPROVAL, 5-0; A-87603)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 10 THRU 19 HAD 2ND READING)

10)  13-114    Approving a sublease agreement between Experience Works
               and the City of Lincoln for the sublease by Experience
               Works of 316.74 square feet of space at 1111 O Street
               for purposes of Workforce Investment Act Services and
               the American Job Center for a one year term of October
               1, 2013 through September 30, 2014 with the option to
               renew for three additional one year terms.
               Fact Sheet (101K)
               Attachment (1065K)

11)  13-116    Amending Chapter 8.08 of the Lincoln Municipal Code
               relating to Body Art Establishments by amending Section
               8.08.060 to increase the permit fees for a body art
               establishment and amending Section 8.08.350 to increase
               the reinstatement fee for a body art establishment.
               Fact Sheet (56K)

12)  13-117    Amending Chapter 8.14 of the Lincoln Municipal Code
               relating to Child Care Programs by amending Section
               8.14.037 to increase the permit fees associated with
               child care programs and amending Section 8.14.150 to
               increase the fee for reinstatement of a suspended child
               care program certificate of compliance.
               Fact Sheet (46K)

13)  13-118    Amending Chapter 8.20 of the Lincoln Municipal Code
               relating to the Lincoln Food Code by amending Section
               8.20.150 to increase the permit fees associated with
               food establishments and amending Section 8.20.170 to
               increase the fee for reinstatement of a permit
               associated with food service.
               Fact Sheet (47K)

14)  13-119    Amending Chapter 8.24 of the Lincoln Municipal Code
               relating to the Noise Control Ordinance by amending
               Section 8.24.150 to increase the permit fee for a
               variance to the provisions of LMC Section 8.24.090
               relating to noise disturbances.
               Fact Sheet (43K)

15)  13-120    Amending Chapter 8.38 of the Lincoln Municipal Code
               relating to Public Swimming Pools by amending Section
               8.38.090 to increase the permit fee for the operation
               of a Class A or Class B swimming pool.
               Fact Sheet (43K)

16)  13-121    Amending Chapter 8.40 of the Lincoln Municipal Code
               relating to Spa Facilities by amending Section 8.40.070
               to increase the permit fees associated with the
               operation of spa facilities.
               Fact Sheet (44K)

17)  13-122    Amending Chapter 8.44 of the Lincoln Municipal Code
               relating to Water Wells by amending Section 8.44.070 to
               increase the permit fees associated with water wells.
               Fact Sheet (44K)

18)  13-123    Amending Section 24.38.070 of the Lincoln Municipal
               Code relating to fees for On-site Wastewater Treatment
               Systems to incrementally increase said fees to cover
               costs of providing required services to business and
               industry and to protect the health of the residents of
               City.
               Fact Sheet (50K)

19)  13-124    Amending Section 24.42.110 of the Lincoln Municipal
               Code to increase fees associated with the regulation of
               property transfers with on-site wastewater treatment
               systems.
               Fact Sheet (51K)


PUBLIC HEARING - RESOLUTIONS

20)  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. (10/7/13 - PUBLIC HEARING & 
               ACTION DELAYED ON THIS PROPERTY TO 10/14/13) 
               (ADOPTED, 5-0; A-87604)
               Fact Sheet (55K)
               Attachment (191K)

21)  13R-234   Accepting the report of new and pending claims against
               the City and approving disposition of claims set forth
               for the period of September 16-30, 2013. (ADOPTED, 5-0;
               A-87605)
               Fact Sheet (7K)
               Attachment (20K)

22)  13R-236   Comp. Plan Conformance No. 13007 - Approving the
               Antelope Valley Redevelopment Plan to add the "21st and
               N Redevelopment Project: The Exchange at Antelope
               Valley" for (a) a 12,000 square foot mixed use retail
               building  and 28 dwelling units; (b) 67 dwelling units;
               and (c) a 40,000 square foot grocery store in the area
               generally located at S. 21st Street and N Street
               between K Street on the south, N Street on the north,
               S. Antelope Valley Parkway on the west and
               23rd Street on the east. (ADOPTED, 5-0; A-87606)
               Fact Sheet (4379K)
               Attachment (308K)
               Attachment (2495K)

23)  13R-237   Adopting increased fees for special waste permits as
               authorized under Section 8.32.090 of the Lincoln
               Municipal Code. (ADOPTED, 5-0; A-87607)
               Fact Sheet (52K)

24)  13R-238   Amending the Lincoln-Lancaster County Air Pollution
               Control Regulations and Standards, Article 1, Section
               6, to increase fees for required services to business
               and industry. (ADOPTED, 5-0; A-87608)
               Fact Sheet (54K)
               Attachment (409K)

25)  13R-239   Adopting increased fees for conducting National
               Pollutant Discharge Elimination System (NPDES)
               stormwater permit compliance inspections at regulated
               industrial facilities as authorized under Section
               28.02.70 of the Lincoln Municipal Code. (ADOPTED, 5-0;
               A-87609)
               Fact Sheet (53K)

26)  13R-240   Approving an amendment to the FY 12/13 CIP to add an
               appropriation of $1 million for the construction of the
               second Horizontal Collector Well Caisson and Laterals
               in Lincoln's Well Field near Ashland, Nebraska. 
               (ADOPTED, 5-0; A-87610)
               Fact Sheet (29K)

                     - END PUBLIC HEARING -


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

27)  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. 
               (PASSED, 5-0; #19929)
               Fact Sheet (7K)


"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)
(ITEMS 28 THRU 38 HAD 1ST READING) (SEE ITEM #35)

28)  13R-241   Approving the 21st and N Redevelopment Agreement
               between the City and Hoppe Brothers LLC relating to the
               redevelopment of property generally located between L
               and N, 21st and the Antelope Valley channel; K and L,
               20th to Antelope Valley Parkway, and City right-of-way
               along N Street from S. 17th Street through the S. 23rd
               Street intersection and L Street from S. Antelope
               Valley Parkway to 21st Street. (Related Items: 13R-
               241, 13R-242, 13-129) (Action date: 10/28/13)
               Fact Sheet (63K)
               Attachment (2674K)

29)  13R-242   Approving an amendment to the FY 13/14 CIP to authorize
               and appropriate $4,474,000 in TIF funds for the 21st
               and N Redevelopment Project. (Related Items: 13R-
               241, 13R-242, 13-129) (Action date: 10/28/13)
               Fact Sheet (35K)

30)  13-129    Authorizing the issuance of 21st and N Streets
               Redevelopment Project Tax Allocation Bonds.  
               (Related Items: 13R-241, 13R-242, 13-129)
               Fact Sheet (39K)

31)  13-113    Creating Paving District No. 2633 in West Nance Avenue
               from N.W. 8th Street to N.W. 9th Street.
               Fact Sheet (18K)
               Attachment (451K)

32)  13-125    Change of Zone 05026C - Application of Dickey's
               Barbeque to amend the Apple's Way Planned Unit
               Development to delete the note which prohibits fast
               food restaurants with drive-through facilities and
               businesses which operate 24 hours a day, on property
               generally located at South 66th Street and Highway 2.
               Fact Sheet (3461K)

33)  13-126    Change of Zone 13017 - Application of Daryll Lightner
               for a change of zone from AG Agriculture District and
               R-2 Residential District to I-1 Industrial District,
               and from AG Agriculture District, R-2 Residential
               District and H-3 Highway Commercial District to P
               Public Use District, on property generally located at
               N.W. 27th Street and West Vine Street.
               Fact Sheet (972K)

34)  13-127    Change of Zone 13021 - Application of Bruce Brinkman
               for a change of zone from AGR Agricultural Residential
               District to O-3 Office Park District on property
               generally located at South 84th Street and Eiger Drive.
               Fact Sheet (543K)

35)  13-128    Change of Zone 13019 - Application of Piedmont Shopping
               Center, LLC for a change of zone from B-1 Local
               Business District to B-3 Commercial District PUD on
               property generally located at Cotner Boulevard and A
               Street; for a Planned Unit Development District
               designation of said property; and for approval of a
               development plan with modifications to the Design
               Standards, Zoning Ordinance, and Land Subdivision
               Ordinance to allow improvements and B-3 uses on the
               underlying B-3 zoned area. (P.H. CON'T TO 
               11/04/13; 5-0)
               Fact Sheet (2076K)

36)  13-130    Amending Sections 6.02.300, 6.12.045, 6.12.130,
               6.12.132, 6.12.136, 6.12.140, and 6.12.145 of  the
               Lincoln Municipal Code relating to Cats to delete the
               words "hobby kennel" as it is an obsolete and
               duplicative term.
               Fact Sheet (37K)

37)  13-131    Amending Section 6.04.150 of the Lincoln Municipal Code
               relating to Shelter Fees to increase the first time
               impoundment fee by $5.00 per animal.
               Fact Sheet (36K)

38)  13-132    Amending Chapter 6.10 of the Lincoln Municipal Code,
               Dangerous and Potentially Dangerous Dogs, by deleting
               Section 6.10.100, Bites Unlawful, and amending Section
               6.10.090, Confiscation, to delete a reference to said
               Section 6.10.100.
               Fact Sheet (39K)


RESOLUTIONS - 1ST READING (ITEMS 39 THRU 43 HAD 1ST READING)

39)  13R-243   Application of Monty Froehlich to use the public
               right-of-way at 815 O Street for a concrete level slab
               to serve as an outdoor dining area.
               Fact Sheet (8K)
               Attachment (2478K)

40)  13R-244   Misc. No. 13002 - Declaring the Piedmont Redevelopment
               Area consisting of approximately 8.6 acres generally
               located between A Street and C Street from 50th Street
               to Cotner Boulevard, as blighted and substandard.
               Fact Sheet (448K)
               Attachment (2185K)

41)  13R-245   Reappointing Patrick Finnegan to the Citizen Police
               Advisory Board for a term expiring November 17, 2016.

42)  13R-246   Appointing Bradley Brandt to the Parks and Recreation
               Advisory Board for a term expiring April 27, 2014.
               Attachment (78K)

43)  13R-247   Approving a Contract Agreement between the City of
               Lincoln and Rochester Armored Car for the annual
               requirements for Armored Car Services, pursuant to Bid
               No. 13-280, for a two year term with the option to
               renew for on additional two year term.
               Fact Sheet (174K)
               Attachment (1729K)


PENDING LIST - DATE CERTAIN

44)   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.
               (10/7/13 - ACTION DELAYED WITH CONT'D PUBLIC
               HEARING FOR 3 WEEKS TO 10/28/13)
               Fact Sheet (13K)
               Attachment (133K)


PENDING LIST   (EXTENDED ONE WEEK)

45)  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


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 WHICH, FOR THE MONTH OF OCTOBER,
     WILL BE HELD ON OCT. 14TH AND OCT. 28TH.

                                                       
ADJOURNMENT   4:13 P.M.


UPCOMING HEARINGS

     Hearing date of Monday, October 21, 2013 at 3:00 p.m. for the
     application of Kiechel Fine Art LLC dba Kiechel Fine Art for a
     Class C liquor license located at 1208 O Street.

     Hearing date of Monday, October 21, 2013 at 3:00 p.m. for the
     application of Whitehead Oil Company dba U-Stop 2 for a Class D
     liquor license located at 240 North 17th Street.

     Hearing date of Monday, October 21, 2013 at 3:00 p.m. for the
     application of Whitehead Oil Company dba U-Stop 3 for a Class D
     liquor license located at 610 South 10th Street. 

     Hearing date of Monday, October 21, 2013 at 3:00 p.m. for the
     application of Whitehead Oil Company dba U-Stop 5 for a Class D
     liquor license located at 8231 E. O Street.

     Hearing date of Monday, October 21, at 3:00 p.m. for the
     application of Whitehead Oil Company dba U-Stop 6 for a Class D
     liquor license located at 942 S. 27th Street. 

     Hearing date of Monday, October 21, 2013 at 3:00 p.m. for the
     application of Whitehead Oil Company dba U-Stop 7 for a Class D
     liquor license located at 5600 S. 56th Street. 


                                 ***
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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