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Formal Agenda


           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, JUNE 10, 2013 AT 3:00 P.M.

                     MAYOR'S AWARD OF EXCELLENCE
                   WAS PRESENTED TO CHRISTOPHER PLOCK
       OF THE INFORMATION SERVICES DIVISION, FINANCE DEPARTMENT
                 IN THE CATEGORY OF CUSTOMER RELATIONS

                   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 the City Treasurer of City Cash on
               hand at the close of business April 30, 2013.
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 2)            REFERRALS TO THE PLANNING DEPARTMENT:
               Special Permit No. 13019  - requested by
               Careylou, Inc., for authority to sell alcoholic
               beverages for consumption off the premises, on
               property legally described as Lot 2, Peoples
               Choice Addition, located in the NE 1/4 of Section
               25-10-6, Lancaster County, Nebraska, generally
               located at S. 25th Street and O Street (2555 O
               Street).  

 3)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 13030 to Use
               Permit No. 57D, Lincoln Crossing, approved by the
               Planning Director on May 30, 2013, requested by
               Empire Brands, Inc., to revise the lot layout for
               an area between North Hill Rd. and Folkways Blvd.
               and to revise the Building and Parking Stall
               Summary on property generally located at N.
               27th St. and Superior Rd. 
               Administrative Amendment No. 13024 to Use
               Permit No. 125, The Preserve on Antelope Creek,
               approved by the Planning Director on May 31, 2013,
               requested by MBRBS, LLC, to revise the lot layout
               and to increase the total allowed floor area
               within the use permit by approximately 7% from
               81,900 square feet to 87,100 square feet, and to
               amend the site notes accordingly on property
               generally located near Pioneers Blvd. and Lucille
               Dr.


 4)    MISCELLANEOUS REFERRALS - NONE

                  - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

 5)            Application of Mo Chara, LLC dba The Watering Hole
               East for a Class C liquor license at 8300
               Northwoods Drive. (ADOPTED FOR APPROVAL, 
               7-0; A-87358)

 6)            Manager application of Bryan A. McFarland for Mo
               Chara, LLC dba The Watering Hole East at 8300
               Northwoods Drive. (ADOPTED FOR APPROVAL, 7-0;
               A-87359)


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

 7)  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)

 8)  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)

 9)  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)

10)  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)

11)  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)


PUBLIC HEARING - RESOLUTIONS

12)  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). (ADOPTED, 7-0; A-87360)
               Fact Sheet (13K)
               Attachment (2014K)

13)  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. (ADOPTED, 7-0; A-87361)

14)  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. (ACTION 
               DELAYED 1 WEEK TO 6/17, 6-1; CAMP, CHRISTENSEN,
               COOK, EMERY, ESKRIDGE, GAYLOR BAIRD
               ASSENTING; FELLERS DISSENTING)
               Fact Sheet (90K)
               Attachment (3482K)
               Motion To Amend (4337K)


                  - END PUBLIC HEARING -


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

15)  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.
               (PASSED, 7-0; #19883)               
               Fact Sheet (2022K)
               Attachment (1396K)


  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 16 THRU 18 
HAD 1ST READING) (SEE ALL ITEMS)

16)  13-70     Amending Ordinance No. 19875 passed as
               amended by the City Council on May 6, 2013,
               which added Chapter 9.30 to the Lincoln
               Municipal Code providing conditions and
               regulations for obtaining donation box
               permits, to delay the effective operative
               date of the ordinance for one year to allow
               additional time to consider requirements for
               donation boxes. (WITHDRAWN, 4-3; COOK, EMERY, 
               ESKRIDGE, GAYLOR BAIRD ASSENTING; CAMP,
               CHRISTENSEN, FELLERS DISSENTING; #38-4635)
               Fact Sheet (44K)

17)  13-71     Change of Zone 13006   Application of
               NeighborWorks Lincoln and New Horizons
               Enterprises, LLC for a change of zone from R-
               7 Residential District to R-7 Residential
               District with Landmark Overlay to designate
               the Bowman-Cameron House, generally located
               at 1201 D Street, as a landmark. (DELAYED TO 
               6/24/13 TO HAVE 2ND READING (PUBLIC HEARING) 
               WITH 3RD READING & ACTION ON THAT DATE, 7-0)
               Fact Sheet (3939K)
               Attachment (316K)

18)  13-72     Change of Zone 13010   Application of John
               Hollingsworth and Cameron Townhomes for a
               change of zone from AGR Agriculture
               Residential District to R-3 Residential
               District, on property generally located at
               South 56th Street and Cumberland Drive. 
               (DELAYED TO 6/24/13 TO HAVE 2ND READING
               AND PUBLIC HEARING, 7-0)
               Fact Sheet (484K)


RESOLUTIONS - 1ST READING (ITEMS 19 THRU 27 HAD 1ST READING)

19)  13R-113   Approving a Subgrant Agreement between the City of
               Lincoln on behalf of the Lincoln Lancaster County
               Health Department and the Nebraska Department of
               Health and Human Services, Division of Public Health 
               Tobacco Free Nebraska Program, to accept a subgrant 
               in the amount of $651,321.00 to develop and implement
               strategies for reducing tobacco use and exposure to
               tobacco smoke in schools and communities and eliminate
               disparities related to tobacco use and its effects
               among population groups, for a term of July 1, 2013
               through June 30, 2015.
               Fact Sheet (56K)
               Attachment (6716K)

20)  13R-114   Amending the Lincoln-Lancaster County Air
               Pollution Control Regulations and Standards to
               maintain consistency with Federal and State
               regulations.
               Fact Sheet (147K)
               Attachment (969K)

21)  13R-115   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of May 16 - 31,
               2013.
               Fact Sheet (7K)
               Attachment (24K)

22)  13R-116   Approving a Contract Agreement between the City of
               Lincoln and Allied Oil & Supply, Inc. for the
               Annual Supply of Antifreeze to StarTran, pursuant
               to Quote No. 4416, for a two year term with the
               option to renew for one additional two year term
               upon the terms set forth in said contract.
               Fact Sheet (132K)
               Attachment (2483K)

23)  13R-117   Approving an Amendment to Agreement between the
               City of Lincoln, Lancaster County and Industrial
               Services, Inc. to renew Contract No. C-10-0310 for
               the Annual Requirements for Dead Animal Removal,
               for an additional three-year term from July 19,
               2013 through July 18, 2016.
               Fact Sheet (125K)
               Attachment (318K)

24)  13R-118   Reappointing Jonathan Cook to the Parks &
               Recreation Advisory Board for a term expiring May
               31, 2014.

25)  13R-119   Reappointing Doug Emery to the Railroad Safety
               Transportation District for a term expiring May
               31, 2014.

26)  13R-120   Appointing Leirion Gaylor Baird and Roy
               Christensen to the Railroad Saftey Transportation
               District for terms expiring May 31, 2014.

27)  13R-121   Appointing Leirion Gaylor Baird to the Joint
               Budget Committee for a term expiring May 31, 2015.


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST  (EXTENDED ONE WEEK)

28)  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

29)  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)

30)  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)

31)  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  5:56 P.M.


UPCOMING HEARINGS

Hearing date of Monday, June 17, 2013 at 3:00 p.m. for the Applications of:

     Asian Fusion, Inc. dba Asian Fusion for a Class I Liquor
         License located at 2840 Jamie Lane.
     BW & R Canopy, LLC dba Buffalo Wings & Rings for a Class I
         Liquor License located at 350 Canopy Street, Suite 200.
     Carey Johnson Oil Company, Inc. dba EZ Go #80 for a Class D
         Liquor License located at 2555 O Street.
     Peace a Pie, LLC dba Mellow Mushroom for a Class I Liquor
         License located at 601 R Street.
     Nebraska Dining Holding, LLC dba Noodles & Company 7105 for
         a Class I Liquor License located at 5001 O Street.
     Zell's Lounge, LLC dba Zell's Lounge for a Class I Liquor
         License located at 1011 W. Dawes Avenue.



                              ***
  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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