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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, JUNE 17, 2013 AT 3:00 P.M.

                          ALL MEMBERS PRESENT

                PRESENTATION BY POLICE CHIEF JIM PESCHONG 
                      BYRNE JUSTICE ASSISTANCE GRANT

                     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-118   Reappointing Jonathan Cook to the Parks &
               Recreation Advisory Board for a term expiring May
               31, 2014. (ADOPTED, 7-0; A-87362)

 2)  13R-119   Reappointing Doug Emery to the Railroad Safety
               Transportation District for a term expiring May
               31, 2014. (ADOPTED, 7-0; A-87363)

 3)  13R-120   Appointing Leirion Gaylor Baird and Roy
               Christensen to the Railroad Saftey Transportation
               District for terms expiring May 31, 2014.
               (ADOPTED, 7-0; A-87364)

 4)  13R-121   Appointing Leirion Gaylor Baird to the Joint
               Budget Committee for a term expiring May 31, 2015. 
               (ADOPTED, 7-0; A-87365)

 5)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on June
               3, 2013. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 6)            Setting the hearing date of Monday, July 1, 2013
               at 3:00 p.m. for the application of Robin Oil
               Company dba Roc's Stop & Shop for a Class D liquor
               license located at 1449 N. 56th Street. 
               (ADOPTED, 7-0; A-87366)

 7)            Setting the hearing date of Monday, July 1, 2013
               at 3:00 p.m. for the application of Seven Crowns
               Investment Group dba Rodizio Grill for a Class I
               liquor license located at 151 N. 8th
               Street, Suite 130.  (ADOPTED, 7-0; A-87367)

 8)            Setting the hearing date of Monday, July 1, 2013
               at 3:00 p.m. for the application of Sweep Left LLC
               dba Sweep Left for a Class I liquor license
               located at 815 O Street.  (ADOPTED, 7-0; A-87368)

 9)            Setting the hearing date of Monday, July 1, 2013
               at 3:00 p.m. for the application of Zoo Blues Inc.
               dba Zoo Bar for a Class C liquor license located
               at 136 N 14th Street. (ADOPTED, 7-0; A-87369)


10)            REFERRALS TO THE PLANNING DEPARTMENT:
               Text Amendment No. 13007 - Requested by the
               Director of Planning, amending Title 27 of the
               Lincoln Municipal Code to define and regulate the
               use of outlots by amending Section 27.02.160 to
               add the definition of "outlot"; amending Section
               27.69.030 to provide signs may be erected and
               maintained on an outlot; adding a new Section
               27.70.070 to establish permitted uses for an
               outlot; and repealing Sections 27.02.160 and
               27.69.030 of the Lincoln Municipal Code as
               hitherto existing.
               Text Amendment No. 13009 - Requested by the
               Director of Planning, amending Chapter 26.07 of
               the Lincoln Municipal Code (Land Subdivision
               Definitions) by amending Section 26.07.135 to
               revise the definition of "Outlot"; and repealing
               Section 26.07.135 of the Lincoln Municipal Code as
               hitherto existing.
               Change of Zone No. 07060A - Requested by West
               Dodge Place, for an amendment to the Wilderness
               Heights Planned Unit Development (PUD), to allow
               motorized vehicle sales and service and to rezone
               a portion of the PUD from B-2 Planned Neighborhood
               Business District PUD to R-3 Residential on
               property generally located at the southeast corner
               of South 40th Street and Yankee Hill Road.
               Change of Zone No. 13011 - Requested by
               Lincoln Federal Bancorp, Inc., from AG
               Agricultural District to R-3 Residential District,
               on property generally located at S. 27th 
               Street and Rokeby Road.
               Special Permit No. 1995A - Requested by
               ESP, Inc., for an amendment to the Hub Hall
               Heights Community Unit Plan, to reduce the number
               of single family lots from 347 to 338, add 6
               single-family attached units and 9 townhouse units
               including the waiver requests approved with the
               original CUP and additional waiver requests to lot
               area and lot width, on property generally located 
               at NW 48th Street and W. Holdrege Street. 
               Special Permit No. 13020 - Requested by
               Willard Community Center, for an early childhood
               care facility, on property generally located
               Brookside Drive and West Q Street (1030 West Q
               Street). 
               Special Permit No. 13022 - Requested by
               Joshua's Glen, LLC, Joshua's Glen Community Unit
               Plan, to allow up to 156 dwelling units, with
               requests to waive minimum lot width; minimum lot
               area; reduce setbacks; lot width to depth ratio;
               minimum street radius and sag curve K value;
               internal street intersection spacing; sanitary
               sewer to flow opposite street grades; and,
               cul-de-sac radius, on property generally
               located at S. 56th Street and Shadow Pines Drive
               (6520 S. 56th Street). 
               Use Permit No. 152A - Requested by VerMaas
               Land Co., LLC., for an amendment to Pioneers
               Pointe Plaza, to reduce the front yard setback
               along Highway 2, on property generally located
               at S. 13th Street and Highway 2.

11)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 13029 to
               Preliminary Plat No. 03004, Northbank Junction,
               approved by the Planning Director on June 6, 2013,
               requested by ESP, Inc., to revise the general
               notes, lot layout in Blocks 17 and 19 and the
               street profiles for N. 50th St., N.
               49th St. and Alvo Rd., on property
               generally located at N. 56th St. and Alvo
               Rd.


12)    MISCELLANEOUS REFERRALS - NONE

                  - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

13)            Application of BW&R Canopy, LLC dba Buffalo Wings
               & Rings for a Class I liquor license at 350 Canopy
               Street, Suite 200. (ADOPTED FOR APPROVAL, 7-0;
               A-87370)

14)            Manager application of Kevin Wolf for BW&R Canopy,
               LLC dba Buffalo Wings & Rings at 350 Canopy
               Street, Suite 200. (ADOPTED FOR APPROVAL, 7-0;
               A-87371)

15)            Application of Asian Fusion Inc. dba Asian Fusion
               for a Class I liquor license at 2840 Jamie Lane. 
               (ADOPTED FOR APPROVAL, 7-0; A-87372)

16)            Manager application of Xiu Fang Zhang for Asian
               Fusion Inc. dba Asian Fusion at 2840 Jamie Lane.
               (ADOPTED FOR APPROVAL, 7-0; A-87373)

17)            Application of Peace a Pie LLC dba Mellow Mushroom
               for a Class I liquor license at 601 R Street,
               Suite 110.  (ADOPTED FOR APPROVAL, 7-0; A-87374)

18)            Manager application of Debra A. Nelson for Peace a
               Pie LLC dba Mellow Mushroom at 601 R Street, Suite
               110. (ADOPTED FOR APPROVAL, 7-0; A-87375)

19)            Application of Nebraska Dining Holding LLC dba
               Noodles & Company 7105 for a Class I liquor
               license at 5001 O Street. (ADOPTED FOR APPROVAL,
               7-0; A-87376)

20)            Manager application of Melinda S. Mellick for
               Nebraska Dining Holding LLC dba Noodles & Company
               7105 at 5001 O Street. (ADOPTED FOR APPROVAL,
               7-0; A-87377)

21)            Application of Zell's Lounge LLC dba Zell's Lounge
               for a Class I liquor license at 1011 West Dawes
               Ave. (ADOPTED FOR APPROVAL, 7-0; A-87378)

22)            Manager application of Kristina E. Mattox for
               Zell's Lounge LLC dba Zell's Lounge at 1011 West
               Dawes Ave. (ADOPTED FOR APPROVAL, 7-0; A-87379)

23)            Application of Carey Johnson Oil Company Inc. dba
               EZ Go #80 for a Class D liquor license at 2555 O
               Street. (ADOPTED FOR APPROVAL, 7-0; A-87380)

24)            Manager application of Kevin D. Bodtke for Carey
               Johnson Oil Company Inc. dba EZ Go #80 at 2555 O
               Street. (ADOPTED FOR APPROVAL,  7-0; A-87381)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
     (as required) - NONE


PUBLIC HEARING - RESOLUTIONS

25)  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. (ADOPTED, 7-0; A-87382)
               Fact Sheet (56K)
               Attachment (6716K)

26)  13R-114   Amending the Lincoln-Lancaster County Air
               Pollution Control Regulations and Standards to
               maintain consistency with Federal and State
               regulations. (ADOPTED, 7-0; A-87383)
               Fact Sheet (147K)
               Attachment (969K)

27)  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. (ADOPTED, 7-0; A-87384)
               Fact Sheet (7K)
               Attachment (24K)

28)  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. 
               (ADOPTED, 7-0; A-87385)
               Fact Sheet (132K)
               Attachment (2483K)

29)  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.  (ADOPTED, 7-0; A-87386)
               Fact Sheet (125K)
               Attachment (318K)

                  - END PUBLIC HEARING -


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

30)  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. (PASSED, 7-0; #19884)
               Fact Sheet (63K)
               Attachment (336K)

31)  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. (PASSED, 7-0;
               #19885)
               Fact Sheet (42K)
               Attachment (64K)

32)  13-67     Text Amendment 12031 - 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. (MTA#1 ADOPTED, 7-0; PASSED AS 
               AMENDED, 7-0; #19886)
               Fact Sheet (219K)
               Motion To Amend (20K)

33)  13-68     Change of Zone 13009 - Application of
               Campbell's Farm & Land Co. 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. (PASSED, 
               7-0; #19887)
               Fact Sheet (3880K)

34)  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. (PASSED,
               7-0; #19888)
               Fact Sheet (7K)


RESOLUTION - FOR ACTION ONLY

35)  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. (6/10/13
               - ACTION DELAYED 1 WEEK TO 6/17/13) (MTA #5 ADOPTED,
               6-1; CHRISTENSEN, COOK, EMERY, ESKRIDGE, FELLERS, 
               GAYLOR BAIRD ASSENTING; CAMP DISSENTING; ADOPTED 
               AS AMENDED, 7-0; A-87387)
               Fact Sheet (90K)
               Attachment (3482K)
               Motion To Amend (4337K)


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) - NONE


RESOLUTIONS - 1ST READING (ITEMS 36 THRU 44 HAD 1ST READING)

36)  13R-122   Approving a Contract Agreement between the City
               and Midwest Pump and Equipment Co. for Unit Price
               Contract for Parts and Service for Quincy Air
               Compressor for StarTran, pursuant to Quote No.
               4300, for a two year term with the option to renew
               for one additional two year term.
               Fact Sheet (131K)
               Attachment (7547K)

37)  13R-123   Appointing Kathi Wieskamp to the Parks and
               Recreation Advisory Board for a term expiring
               April 27, 2016.
               Attachment (84K)

38)  13R-124   Reappointing Leo Benes, Russ F. Neil and Thomas
               Wright to the Alarm Appeals Board for terms
               expiring July 1, 2015.

39)  13R-125   Reappointing Georgia Glass to the Lincoln Housing
               Authority Board for a term expiring July 1, 2018.

40)  13R-126   Appointing Paul Barnett and Dr. Steven Eggland to
               the Cable Advisory Board for terms expiring July
               1, 2014.
               Attachment (175K)

41)  13R-127   Reappointing Jerrod Jaeger and Jim Johnson to the
               Cable Advisory Board for terms expiring July 1,
               2016.

42)  13R-128   Appointing Sarah Peetz to the Lincoln Electric
               System Administrative Board for a term expiring
               December 31, 2014.
               Attachment (63K)

43)  13R-129   Appointing Kelly O'Hanlon to the Parks and
               Recreation Advisory Board for a term expiring June
               1, 2014.
               Attachment (36K)

44)  13R-131   Approving a Contract Agreement between the  City
               of Lincoln and G K Services for the annual
               requirements to supply and deliver StarTran
               Uniform Rental, pursuant to Quote No. 4431, for a
               two year term with the option to renew for one
               additional two year term.
               Fact Sheet (108K)
               Attachment (6482K)

PENDING LIST - DATE CERTAIN

45)  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. (6/10/13
               - DELAYED TO 6/24/13 TO HAVE 2ND
               READING (PUBLIC HEARING) WITH 3RD
               READING & ACTION ON THAT DATE)

46)  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.
               (6/10/13 - DELAYED TO 6/24/13 TO HAVE
               2ND READING & PUBLIC HEARING)


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

48)  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)

49)  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)

50)  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  4:16 P.M.


UPCOMING HEARINGS

Hearing date of Monday, July 1, 2013 at 3:00 p.m. for the
Applications of:

     Seven Crowns Investment Group dba Rodizio Grill for a Class
          I Liquor License at 151 N 8th St.
     Sweep Left LLC dba Sweep Left for a Class I Liquor License
          at 815 O St.
     Robin Oil Co dba Roc's Stop & Shop for a Class D Liquor
          License at 1449 N. 56th St.
     Zoo Blues Inc dba Zoo Bar for a Class C Liquor License at
          136 N 14th St

Hearing date of Monday, July 15, 2013 at 3:00 p.m. for the Special Designated 
       Liquor License Applications for UNL Home Football Saturdays.


                            ***
 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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