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Formal Agenda


      	     ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
            	    MONDAY, OCTOBER 21, 2013 AT 3:00 P.M.

			ALL MEMBERS PRESENT EXCEPT CAMP

      	      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-245   Reappointing Patrick Finnegan to the Citizen Police
               Advisory Board for a term expiring November 17, 2016.
               (ADOPTED, 6-0; A-87611) 

 2)  13R-246   Appointing Bradley Brandt to the Parks and Recreation
               Advisory Board for a term expiring April 27, 2014.
               (ADOPTED, 6-0; A-87612)
               Attachment (78K)

 3)  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.
               (ADOPTED, 6-0; A-87613)
               Fact Sheet (174K)
               Attachment (1729K)

 4)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on
               October 7, 2013. (Place on file)

 5)            Request of Public Works to set the hearing date of
               Monday, Nov. 25, 2013, at 5:30 p.m. and place on the
               formal City Council Agenda the following: 
               13-133    Provide authority to create and order
                         constructed a water district at SW
                         6th along W. Prospector Ct., SW
                         6th St., & W. High St.
               (APPROVED, 6-0)

PETITIONS & COMMUNICATIONS
 
 6)            Setting the hearing date of Monday, November 4, 2013
               at 3:00 p.m. for the application of Hollenbeck Farms
               LLC DBA HF Crave for a Class A liquor license located
               at 7030 S. 61st Street. (ADOPTED, 6-0; A-87614)

 7)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 13074 to Final Plat No. 
               12104, approved by the Planning Director on October 15,
               2013, requested by Civil Design Group, to correct the
               missing label of N. 91st Court on the final plat for
               Prairie Village North 6th Addition, on property
               generally located at N. 91st St. and Mustang Dr.
               

8)            REFERRALS TO THE PLANNING DEPARTMENT:
               Text Amendment No. 13006 - Requested by
               the Director of Planning, amending
               Chapter 27.72 of the Lincoln Municipal Code, Height and
               Lot Regulations, by amending Section 27.72.020 to
               reduce the required rear yard in the R-1 through R-4
               zoning districts for single- and two- family dwellings. 
               Change of Zone No. 13022 - Requested by
               Lincoln Airport Authority, from P Public Use District
               and AG Agriculture District to I -1 Industrial
               District, on property generally located at Old Woodlawn
               Road and Highway 34. 
               Change of Zone No. 13024 - Requested by
               Charles Earley, from R-2 Residential District to R-5
               Residential District, on property generally located at
               N. 49th Street and Garland Street. 
               Special Permit No. 13047 - Requested by
               Kathy Sartore, for historic preservation, to permit a
               landmark property known as the Lewis-Syford House to be
               used as a residence for up to five unrelated
               individuals, on property generally located at North
               16th Street and Vine Street. 
               Special Permit No. 13048 - Requested by
               Bryan Woodbury, for historic preservation, to reduce
               the amount of parking on a landmark property being used
               as a sorority, known as the Atwood House, on property
               generally located at South 17th Street and G
               Street. 
               

                       - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

 9)            Application of Whitehead Oil Company dba U-Stop #2 for
               a Class D liquor license at 240 N. 17th Street.
               (ADOPTED FOR APPROVAL, 6-0; A-87615)

10)            Manager application of Ardith A. Buerstetta for
               Whitehead Oil Company dba U-Stop #2 at 240 N. 17th
               Street. (ADOPTED FOR APPROVAL, 6-0; A-87616)

11)            Application of Whitehead Oil Company dba U-Stop #3 for
               a Class D liquor license at 610 S. 10th Street.
               (ADOPTED FOR APPROVAL, 6-0; A-87617)

12)            Manager application of Michael L. Starkey for Whitehead
               Oil Company dba U-Stop #3 at 610 S. 10th  Street.
               (ADOPTED FOR APPROVAL, 6-0; A-87618)

13)            Application of Whitehead Oil Company dba U-Stop #5 for
               a Class D liquor license at 8231 East O Street.
               (ADOPTED FOR APPROVAL, 6-0; A-87619)

14)            Manager application of Thomas L. Davison for Whitehead
               Oil Company dba U-Stop #5 at 8231 East O Street.
               (ADOPTED FOR APPROVAL, 6-0; A-87620)

15)            Application of Whitehead Oil Company dba U-Stop #6 for
               a Class D liquor license at 942 S. 27th Street.
               (ADOPTED FOR APPROVAL, 6-0; A-87621)

16)            Manager application of Bobbie J. Stephenson for
               Whitehead Oil Company dba U-Stop #6 at 942 S. 27th
               Street.(ADOPTED FOR APPROVAL, 6-0; A-87622)

17)            Application of Whitehead Oil Company dba U-Stop #7 for
               a Class D liquor license at 5600 S. 56th Street. 
               (ADOPTED FOR APPROVAL, 6-0; A-87623)

18)            Manager application of Matthew M. Prusa for Whitehead
               Oil Company dba U-Stop #7 at 5600 S. 56th Street.
               (ADOPTED FOR APPROVAL, 6-0; A-87624)

19)            Application of Kiechel Fine Art LLC dba Kiechel Fine
               Art for a Class C liquor license at 1208 O Street. 
               (ADOPTED FOR APPROVAL, 6-0; A-87625)

20)            Manager application of Frederic Kiechel IV for Kiechel
               Fine Art LLC dba Kiechel Fine Art at 1208 O Street. 
               (ADOPTED FOR APPROVAL, 6-0; A-87626)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
 (ITEM S 21 THRU 30 HAD 2ND READING)

21)  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)(P.H. CONT'D
               W/ACTION ON 10/28/13, 6-0.)
               Fact Sheet (63K)
               Attachment (2674K)

22)  13R-242   Approving an amendment to the FY 13/14 CIP to authorize
               and appropriate $4,474,000 $4,763,000 in TIF funds
               for the 21st and N Redevelopment Project.
               (Related Items: 13R-241, 13R-242, 13-129)(Action date:
               10/28/13)(P.H. CONT'D W/ACTION ON 10/28/13, 6-0.)
               Fact Sheet (35K)

23)  13-129    Authorizing the issuance of 21st and N Streets
               Redevelopment Project Tax Allocation Bonds.  
               (Related Items: 13R-241, 13R-242, 13-129
               (P.H. CONT'D W/ACTION ON 10/28/13, 6-0.)
               Fact Sheet (39K)

24)  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)

25)  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)

26)  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)

27)  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)

28)  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)

29)  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)

30)  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)


PUBLIC HEARING - RESOLUTIONS

31)  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.
               (ADOPTED,  6-0; A-87627)
               Fact Sheet (8K)
               Attachment (2478K)

32)  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.
               (MTA #1 ADOPTED, 6-0; ADOPTED AS AMENDED, 6-0; A-87628)
               Fact Sheet (448K)
               Attachment (2185K)
               Motion To Amend (4214K)

                     - END PUBLIC HEARING -
                                             

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

33)  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.
               (PASSED, 6-0;  #19930)
               Fact Sheet (101K)
               Attachment (1065K)

34)  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.
               (PASSED, 6-0;  #19931)
               Fact Sheet (56K)

35)  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. 
               (PASSED, 6-0;  #19932)
               Fact Sheet (46K)

36)  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.
               (PASSED, 6-0;  #19933)
               Fact Sheet (47K)

37)  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.
               (PASSED, 6-0;  #19934)
               Fact Sheet (43K)

38)  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.
               (PASSED, 6-0;  #19935)
               Fact Sheet (43K)

39)  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.
               (PASSED, 6-0;  #19936)
               Fact Sheet (44K)

40)  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. 
               (PASSED, 6-0;  #19937)
               Fact Sheet (44K)

41)  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. (PASSED, 6-0;  #19938)
               Fact Sheet (50K)

42)  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. (PASSED, 6-0;  #19939)
               Fact Sheet (51K)


"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) - NONE 


RESOLUTIONS - 1ST READING (ITEMS 43 & 44 HAD 1ST READING)

43)  13R-248   Reappointing Rodney M. Confer as the City Attorney for
               a two-year term effective November 1, 2013.

44)  13R-249   Accepting the report of new and pending claims against
               the City and approving disposition of claims set forth
               for the period of October 1 - 15, 2013.
               Fact Sheet (7K)
               Attachment (19K)

PENDING LIST - DATE CERTAIN (SEE ITEM #45)

45)   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) (ACTION DELAYED
               W/CONT'D P. H. TO 11/4/13, 6-0)
               Fact Sheet (13K)
               Attachment (133K)

46)  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. 
               (10/14/13 - Public Hearing delayed to 11/4/13)
               Fact Sheet (2076K)

PENDING LIST (EXTENDED ONE WEEK)

47)  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	4:17 P.M. 


UPCOMING HEARINGS 

     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.

                                 ***

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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