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Formal Agenda


          ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, MAY 6, 2013 AT 3:00 P.M.

                        ALL MEMBERS PRESENT

    THERE WILL BE NO MEETING THE WEEK OF MAY 27TH DUE TO HOLIDAY
There will only be one Open Microphone session during the month of May 
    during the May 13th City Council Meeting which begins at 3 p.m.


        IMMEDIATELY PRECEDING THE REGULAR CITY COUNCIL MEETING
       BOARD OF EQUALIZATION ON BUSINESS IMPROVEMENT DISTRICTS:
                  HAVELOCK MAINTENANCE BID (APPROVED, 7-0)
             NORTH 27TH STREET MAINTENANCE BID (APPROVED, 7-0)
               SOUTH STREET MAINTENANCE BID (APPROVED, 7-0)
             UNIVERSITY PLACE MAINTENANCE BID (APPROVED, 7-0)


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


PETITIONS & COMMUNICATIONS

 2)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 13001 to Use
               Permit No. 90, Lenox Village, approved by the
               Planning Director on April 25, 2013 requested by
               Hy-Vee, Inc. to revise the site plan to show a new
               driveway onto Pioneers Blvd. for Lot 2, Block 1,
               with an access easement provided to the lot
               adjacent to the west (Shelter Insurance) granting
               shared access to Pioneers Blvd.; showing the
               driveway onto Pioneers Blvd. for the lot adjacent
               to the west being removed and a reduction in the
               front setback to 20 feet along Pioneers Blvd. on
               property located near S. 70th St. and Pioneers
               Boulevard.
               Administrative Amendment No. 13022 to
               Special Permit No. 05002, Foreman Ridge Addition
               Community Unit Plan, approved by the Planning
               Director on April 25, 2013 requested by ESP, Inc.
               to transfer the buildable lot designation between
               Lot 1, Block 3 and Outlot N within Foreman Ridge
               Addition on property generally located at SW 12th
               Street and W. Foreman Drive.
               Administrative Amendment No. 13018 to Use
               Permit No. 57D, Lincoln Crossing, approved by the
               Planning Director on April 26, 2013 requested by
               Olsson Associates to increase the expansion area
               by 5,000 square feet for a total of 21,540 square
               feet for Building G (Hy-Vee grocery store) and
               update the Building and Parking Stall Summary
               table on property generally located on the
               northeast corner of N. 27th Street and Superior
               Street.
               Administrative Amendment No. 13021 to
               Change of Zone No. 05068A, Fallbrook Planned Unit
               Development, approved by the Planning Director on
               April 29, 2013 requested by Olsson Associates to
               update various notes clarifying which lots are
               required to pay impact fees; add a waiver to light
               trespass for Town Center and Market Place; revise
               the setback for drive aisles, drop-off lanes and
               drive-thru for Lot 1, Block 33; allow eaves to
               project into side yards up to 3 feet in
               Residential Type 6 and waive the building setback
               to pedestrian easements in Residential Type 6 when
               the pedestrian easement is along the front
               property line on property generally located at
               Fallbrook Boulevard and Highway 34.
               Administrative Amendment No. 13023 to
               Special Permit No. 06014, South Lake Community
               Unit Plan, approved by the Planning Director on
               April 29, 2013 requested by Olsson Associates to
               revise the site plan to delete the note
               referencing an alternate pedestrian sidewalk
               connection locations to S. 98th St. and to show
               the permanent pedestrian connection to S. 98th St.
               located in Outlot G between Lots 51 and 52 on
               property generally located near S. 98th Street and
               Eiger Drive. 

 3)            REFERRALS TO THE PLANNING DEPARTMENT:
               Text Amendment No. 12031 - App. of the
               Director of Planning 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; 
               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; and repealing Sections 27.75.020, 
               27.75.030, 27.75.040, 27.75.050 and 27.75.060 of the 
               Lincoln Municipal Code as hitherto existing.
               Change of Zone No. 13009 - App. of  Olsson
               Associates, Cambell's Nursery Planned Unit
               Development, from R-2 Residential District to O-3
               Office Park PUD on property generally located east
               of the intersection of South 40th Street and Lake
               Street; for a Planned Unit Development District
               designation of said property; and for approval of
               a development plan which proposes modifications to
               the Zoning Ordinance, Land Subdivision Ordinance
               and Design Standards to allow a mixed-use
               development consisting of residential, office and
               retail uses on the underyling O-3 zoned area.
               Use Permit No. 04005B - App. of C Street, LLC 
               for an amendment to allow the construction of
               a mixed use building for office and residential
               use increasing the number of dwelling units from
               30 to 36 on property generally located at NW 1st
               Street and Barons Road.


 4)    MISCELLANEOUS REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 5)            Application of JSD, LLC dba Huskerville Pizza and
               Pub for a Class C liquor license at 2805 N.W. 48th
               Street. (ADOPTED FOR APPROVAL, 7-0; A-87323)

 6)            Manager application of Jason D. Niemann for JSD,
               LLC dba Huskerville Pizza and Pub at 2805 N.W.
               48th Street. (ADOPTED FOR APPROVAL, 7-0; A-87324)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 7 
THRU 11 HAD 2ND READING)

 7)  13-57     Creating Special Assessment Water District
               No. 1204 for the purpose of
               constructing a 6-inch diameter water main in
               Dudley Street from 50th Street to 51st
               Street, and assessing the costs thereof
               against the benefitted property.
               Fact Sheet (12K)
               Attachment (1304K)

 8)  13-58     Annexation No. 12005 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 23 acres generally located at
               South 70th Street and Countryview Road.
               (Related Items: 13-58, 13-59)
               Fact Sheet (1468K)
               Attachment (491K)

 9)  13-59     Change of Zone No. 12030 - Application of
               Rokeby Holdings, LLC for a change of zone
               from AG Agriculture District and R-3 Planned
               Unit Development to R-3 Residential District
               on property generally located at South 70th
               Street and Countryview Road. (Related
               Items: 13-58, 13-59)
               Fact Sheet (1769K)

10)  13-60     Amending the pay schedule for a certain
               employee group whose classification is
               assigned to the pay range which is prefixed
               by the letter "A" to correct the pay range
               for the classification of "Impact Fee
               Administrator."
               Attachment (28K)

11)  13-61     Amending Section 2.35.035 of the Lincoln
               Municipal Code to authorize emergency water
               restrictions enacted by Executive Order and
               allow the Director of Public Works and
               Utilities to appoint Water Conservation
               Officers; amending Section 8.44.030 of the
               Lincoln Municipal Code (Use of Water Well;
               When Permitted) to require private water well
               owners comply with certain provisions of
               emergency water restrictions; amending
               Section 17.26.010 of the Lincoln Municipal
               Code (Emergency Restrictions) to make any
               persons who fail to follow duly enacted
               emergency water restrictions subject to the
               administrative penalties identified herein;
               amending Chapter 17.26 of the Lincoln
               Municipal Code relating to Emergency
               Restrictions by adding a new section numbered
               17.26.015 (Responsibility of Property Owner)
               to make unlawful any violation of an
               emergency water restriction and to establish
               a rebutable presumption that property owners
               are responsible for violations that occur on
               property owned by them; adding a new section
               numbered 17.26.040 (Water Conservation
               Officer) to authorize the Director of Public
               Works and Utilities to appoint, employ,
               determine qualifications and authorize
               citation authority for Water Conservation
               Officers; adding a new section numbered
               17.26.045 (Payment of Fines and Costs;
               Administrative Hearing Process; Appeal) to
               establish fines and administrative costs
               for the violation of emergency water
               restrictions; to establish an administrative
               process for the handling, processing and
               conduct of hearings and for appeals of
               violation of emergency water restrictions;
               and adding a new section numbered 17.26.047
               (Emergency Water Restriction Fines and Costs;
               Rules; Collect and Account for Money) to
               address the collection and accounting of
               monies collected for violations of emergency
               water restrictions.
               Fact Sheet (15K)


PUBLIC HEARING - RESOLUTIONS

12)  13R-94    Approving a Contract Agreement between the City of
               Lincoln and Wesco Distribution, Inc. for the
               annual requirements to supply and deliver
               Electrical Supplies, pursuant to State of Nebraska
               Contract No. 13478, for a three year term with the
               option to renew for two additional one year terms.
               (ADOPTED, 7-0; A-87325)
               Fact Sheet (143K)
               Attachment (3635K)


                      - END PUBLIC HEARING -


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

13)  13-55     Amending Title 5 of the Lincoln Municipal
               Code relating to Licenses and Regulations by
               adding a new Chapter 5.21, Entertainment
               Districts, and amending Chapter 5.04,
               Alcoholic Liquor, to regulate the sale,
               service and consumption of alcoholic liquor
               in commons areas. (MTA #1 ADOPTED, 7-0; 
               MTA #2 ADOPTED, 7-0; MTA #3 ADOPTED, 7-0; 
               PASSED AS AMENDED, #19874)
               Fact Sheet (8K)

14)  13-56     Amending Title 9 of the Lincoln Municipal
               Code relating to Public Peace and Welfare to
               add a new Chapter 9.30 entitled "Donation
               Boxes" by adding Section 9.30.010 to set
               forth definitions used in this chapter;
               adding Section 9.30.020 to set forth the
               Legislative Intent of the Council; adding
               Section 9.30.030 to prohibit Donation Boxes
               for other than charitable purposes; adding
               Section 9.30.040 to provide for issuance of
               Donation Box Permits; adding Section 9.30.050
               to provide for enforcement of this chapter;
               adding Section 9.30.060 to provide
               exemptions for donation boxes on property
               owned by a charitable organization; and
               adding Section 9.30.070 to provide for
               severability of the provisions of this
               chapter. (MTA #1 ADOPTED, 7-0; 
               MTA #2 ADOPTED, 7-0; MTA #3 ADOPTED, 5-2; 
               CARROLL, COOK, ESKRIDGE, HINKLEY, SCHIMEK 
               ASSENTING; CAMP, EMERY DISSENTING; 
               PASSED AS AMENDED, 6-1; CARROLL, COOK, 
               EMERY, ESKRIDGE, HINKLEY, SCHIMEK ASSENTING; 
               CAMP DISSENTING; #19875)
               Fact Sheet (12K)
               Motion To Amend (7K)


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 15 
& 16 HAD 1ST READING)

15)  13-42     Amending Chapter 24.01 of the Lincoln
               Municipal Code (Lincoln Fire Suppression
               Systems) to delete references to or actions
               required of the examining board and the
               Administrative Authority; and by amending
               Section 24.01.010 to replace the definition
               of "Administrative Authority" with the
               definition of "Building and Safety"; amending
               Section 24.01.040 to provide qualifications
               for a Fire Suppression Journeyman and Fire
               Suppression Contractor, and to provide that the
               Director shall determine the minimum
               qualifications for applicants for registration
               based on a point system and shall approve the form
               and content of any examination to be given to
               applicants; repealing Section 24.01.050, Examining
               Board, Authority; adding a new section numbered
               24.01.065 to provide for the appeal of an issued
               or denied registration certificate; repealing
               Section 24.01.070, Examining Board, Meetings;
               amending Section 24.01.100 to change the process
               for suspending or revoking a certificate of
               registration; amending Section 24.01.110 to
               provide renewal of certificates of registration
               upon approval of the Director; amending Section
               24.01.120 to provide any person registered as a
               contractor or journeyman who does not renew his
               certificate of registration for a period of 60
               days after the expiration of the same may be
               required to submit himself to an examination by
               the Director before such person can again be
               registered; amending Section 24.01.150 to increase
               registration and examination fees; amending
               Section 24.01.180 to delete references to Fire and
               Rescue Department; amending Section 24.01.190 to
               provide for a plan review fee; amending Section
               24.01.200 to increase permit fees and inspection
               fees and to provide double fees where work for
               which a permit is required is started without a
               permit and to add provisions relating to permit
               expirations and refunds; amending Section
               24.01.220 to require a double check backflow
               preventer of all sprinkler systems; and repealing
               Section 24.01.330, Detector Meter. (3/18/13 -
               Indefinite Pending) (4/29/13 - Removed from
               Pending to have 1st Reading on 5/6/13)
               Motion To Amend (6K)
               Fact Sheet (95K)
			   
16)  13-62     Authorizing the issuance, sale and delivery
               of water revenue refunding bonds of the City
               of Lincoln, Nebraska to refund outstanding
               water revenue bonds of the City and related
               matters.


RESOLUTIONS - 1ST READING (ITEMS 17 THRU 20 HAD 1ST READING)

17)  13R-95    Establishing a new rate schedule for customers of
               the Lincoln Water System to be imposed during
               conditions requiring emergency water management as
               specified in the Water Management Plan adopted by
               Executive Order No. 86012.
               Fact Sheet (13K)

18)  13R-96    Approving Supplemental Agreement No. 5 between the
               City of Lincoln and the Nebraska Dept. of Roads
               for the Jamaica North Trail Phase 2, NDOR Project
               No. ENH-55(160) Control No. 12879, to revise the
               Federal share payable on this project during the
               construction and construction engineering phase to
               a maximum of 80 percent of the eligible and
               participating costs.
               Fact Sheet (94K)
               Attachment (143K)

19)  13R-97    Approving the Recreational Trails Program Project
               Agreement between the City of Lincoln and the
               Nebraska Game and Parks Commission for a
               Recreational Trails Program Project grant to
               construct the Wilderness Park Trail Bridge.
               Fact Sheet (98K)
               Attachment (1462K)

20)  13R-98    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of April 16-30,
               2013.
               Fact Sheet (7K)
               Attachment (25K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST   (EXTENDED ONE WEEK)

21)  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

22)  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)

23)  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)

24)  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)

25)  13-16B    Vacating the north 4 feet of Q Street between
               North 18th Street and N. Antelope Valley Parkway;
               and the south 4 feet of R Street between North
               18th Street and N. Antelope Valley Parkway.
               (2/25/13 - Placed on Indefinite Pending)


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 MAY IS MAY 13TH WHICH BEGINS AT 3 P.M.


ADJOURNMENT   4:25 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.
                                  ****
    The City Council Agenda and Action Sheet may be accessed on the
                              Internet at:
                             lincoln.ne.gov
                              

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