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Formal Agenda


       ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, NOVEMBER 18, 2013 AT 3:00 P.M.

                   ALL MEMBERS PRESENT EXCEPT CAMP.

         THERE WILL BE NO MEETING THE WEEK OF DECEMBER 2
              IN OBSERVANCE OF THANKSGIVING HOLIDAY

                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-256   Appointing Jennifer Lesoing-Lucs to the
               StarTran Advisory Board for a term
               expiring October 20, 2016. (ADOPTED, 6-0; 
               A-87646)
               Attachment (85K)

 2)  13R-257   Appointing Maja Viklands Harris to the
               Lincoln City-Lancaster County Planning
               Commission for a term expiring
               August 31, 2019. (ADOPTED, 6-0; A-87647)
               Attachment (163K)

 3)  13R-258   Reappointing Ken Weber to the Lincoln
               City-Lancaster County Planning Commission
               for a term expiring September 24, 2019.
               (ADOPTED, 6-0; A-87648)

 4)            Resolution assessing special taxes for
               the costs of the improvements in the
               Downtown Business Improvement District,the
               Core Business Improvement District Overlay
               and the Downtown Maintenance District.
               (ADOPTED, 6-0; A-87649) 

 5)            Resolution approving the distribution of
               funds representing interest earnings on
               short-term investments of Idle Funds during
               the months ended July 31, August 31,
               September 30, 2013.  (ADOPTED, 6-0; A-87650)

 6)            Affidavit of Mailing for the Assessment of
               Weed Abatement by the County Weed Control
               Authority for the calendar year January 1,
               2013 through December 31, 2013.
               (PLACED ON FILE)
               
 7)            Report from  City Treasurer of City Cash
               on hand at the close of business 
               September 30, 2013. (PLACED ON FILE)

 8)            Clerk's letter and Mayor's Approval of
               Resolutions and Ordinances passed by the
               City Council on October 28, 2013.
               (PLACED ON FILE)

 9)            Clerk's letter and Mayor's Approval of
               Resolutions and Ordinances passed by the
               City Council on November 04, 2013.
               (PLACED ON FILE)

PETITIONS & COMMUNICATIONS

10)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 13063 to Special
               Permit No. 1674, Cheney Ridge Community Unit 
               Plan, approved by the Planning Director on
               October 23, 2013 requested by Flats at 84, LLC
               to revise the apartment site layout, to add
               Note #32 to allow stacked parking on a driveway
               approach leading to a garage and to adjust
               the maximum building height to 45' for the
               apartment buildings on Lot 48, Block 1, on
               property generally located near S. 84th Street
               and Cheney Ridge Rd.
               Administrative Amendment No. 13067 to Final
               PlatNo. 96011, approved by the Planning Director
               on October 30, 2013 requested by University of 
               Nebraska Foundation to extend the time for two
               years to install sidewalks and street trees for
               University of Nebraska Technology Park Original
               Addition. The improvements shall be completed
               by October 30, 2015. Property is generally 
               located at NW 1st Street and Highland Blvd. 
               Administrative Amendment No. 13069 to Final
               Plat No. 06109, approved by the Planning Director
               on October 30, 2013 requested by University of
               Nebraska Foundation to extend the time for two
               years to install sidewalks and street trees for
               University of Nebraska Technology Park 2nd 
               Addition. The improvements shall be completed by
               October 30, 2015. Property is generally located
               at NW 1st Street and Highland Blvd. 
               Administrative Amendment No. 13075 to Special
               Permit No. 07041, Fox Trail Estates Community
               Unit Plan, was denied by the Planning Director
               on October 29, 2013 requested by Vladimir Gorelyy
               and Nataliya Chorna, to reduce the setbacks on
               outlots on property generally located at SW 56th
               Street and W. Old Cheney Rd. 

                       - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

11)            Application of Small Town Bar Inc. dba Roadhouse
               Bar and Grill for a Class I liquor license at
               1501 Center Park Road, Suite 300.  
               (ADOPTED FOR APPROVAL, 6-0; A-87651)

12)            Manager application of Timothy Rowland for
               Small Town Bar Inc. dba Roadhouse Bar and
               Grill at 1501 Center Park Road, Suite 300. 
               (ADOPTED FOR APPROVAL, 6-0; A-87652) 

13)            Application of Yami Korean Cuisines LLC DBA
               Yami Korean Cuisine for a Class C liquor
               license at 2840 South 70th Street, Suite 145.
               (ADOPTED FOR APPROVAL, 6-0; A-87653)

14)            Manager application of Amy Kim for Yami
               Korean Cuisines LLC dba Yami Korean Cuisine
               at 2840 South 70th Street, Suite 145.  
               (ADOPTED FOR APPROVAL, 6-0; A-87654)

15)            Application of WFM Nebraska LLC dba Whole
               Foods Market for a Class C liquor license
               at 6055 O St.(ADOPTED FOR APPROVAL, 6-0; A-87655)


16)            Manager application of Sherry L. Moore for
               WFM Nebraska LLC dba Whole Foods Market at
               6055 O Street. (ADOPTED FOR APPROVAL, 6-0; A-87656)



PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
	(ITEM 17 HAD 2ND READING)

17)  13-135    Amending Section 5.04.210 of the Lincoln
               Municipal Code to correct the amount of
               the occupation tax to be charged for
               Entertainment District liquor licenses.
               Fact Sheet (34K)
                    

PUBLIC HEARING - RESOLUTIONS(PLEASE SEE ITEM #33, BILL NO. 13R-262
       UNDER"RESOLUTIONS - 1ST READING")

18)  13R-259   Approving an Engineering Services Agreement
               between the City of Lincoln and Kirkham,
               Michael and Associates, Inc. for the 
               Jamaica North Trail Phase II, NDOR Project
               No. ENH-55(160), Control No. 12879.
               (Related Items: 13R-259, 13R-262)  (ADOPTED,
               6-0; A-87657)
               Fact Sheet (101K)
               Attachment (3137K)

19)  13R-260   Accepting the report of new and pending
               claims against the City and approving
               disposition of claims set forth for the
               period of October 16 - 31, 2013.  (ADOPTED,
               6-0; A-87658)
               Fact Sheet (7K)
               Attachment (20K)

                     - END PUBLIC HEARING -


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

20)  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 Blvd. and A St.;
               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) (MTA#1 
               TO ACCEPT SUBSTITUTE ORDINANCE ADOPTED, 6-0; PASSED
               AS AMENDED, 6-0; #19948)
               Fact Sheet (2076K)
               Motion To Amend (79K)

21)  13-134    Change of Zone 13023 - Application of MBA
               Apartments, LLC for a change of zone from
               R-1 Residential to R-4 Residential District
               on property generally located northwest of
               S. 56th St. and Hwy. 2.  (PASSED, 6-0; #19949)
               Fact Sheet (2775K)

"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 22
	THRU 31 HAD 1ST READING)

22)  13-133    Creating Special Assessment Water District
               No. 1204 for the purpose of constructing
               an 8-inch diameter water main in W. Prospector
               Ct. from S. Folsom Street to S.W. 6th Street,
               a 6-inch diameter water main in S.W. 6th Street
               from W. Prospector Ct. to approximately 400
               feet south of W. High Street, and a 6-inch
               diameter water main in W. High Street from S. 
               Folsom Street to S.W. 6th Street, and assessing
               the costs thereofagainst the benefitted property.
               Fact Sheet (14K)
               Attachment (1093K)

23)  13R-263   Comp. Plan Amendment No. 13002 - Amending the
               2040 Lincoln-Lancaster County Comprehensive 
               Plan to change approximately 477 acres of land
               from Public and Semi-Public to Industrial, to
               add a Moderate to Heavy Industrial Center to
               the Existing and Proposed Industrial Centers
               map, and to change approximately 395 acres from
               Tier I, Priority C, to Tier I, Priority A, on
               property generally located at N.W. 27th Street
               and Highway 34. (Related Items:  13R-263,
               13R-264,13-136, 13-137)
               Fact Sheet (2900K)
               Attachment (2956K)

24)  13R-264   Approving a Memorandum of Understanding
               between the City of Lincoln and the Airport
               Authority of the City of Lincoln outlining
               the infrastructure requirements related to
               the annexation of approximately 435 acres of
               property, to be known as Railpark, generally
               located at N.W. 27th Street and Highway 34.
               (Related Items: 13R-264, 13R-263, 13-136, 13-137)
               Fact Sheet (12K)
               Attachment (3201K)

25)  13-136    Annexation No. 13005 - Amending the Lincoln
               corporate Limits Map by annexing approximately
               435 acres generally located at N.W. 27th Street
               and Highway 34.(Related Items:  13-136, 13-137,
               13R-263, 13R-264)
               Fact Sheet (3156K)
               Attachment (483K)

26)  13-137    Change of Zone 13022 - Application of Lincoln
               Airport Authority for a change of zone from P
               Public Use District and AG Agriculture District
               to I-1 Industrial District, and from P Public
               Use District, AG Agriculture District and B-1
               Local Business District to H-3 Highway
               Commercial District, on property generally
               located at N.W. 27th Street and Highway 34.
               (Related Items:  13-137, 13-136, 13R-263, 13R-264)
               Fact Sheet (3588K)

27)  13-138    Text Amendment No. 13006 - 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 as set forth
               in Table 27.72.020(a); by amending Section
               27.72.060 to modify the provisions regarding
               the projection of patios, terraces, uncovered
               decks, and ornamental features into a required
               yard; and adding a new section numbered 27.72.190
               granting the Planning Director authority to
               approve minor modifications to the rear yard
               setback under specified conditions.
               Fact Sheet (214K)

28)  13-139    Change of Zone 13024 - Application of Charles
               Earley for a change of zone from R-2 Residential
               District to R-5 Residential District on property
               generally located at 4926 Garland Street.
               Fact Sheet (477K)

29)  13-140    Vacation No. 12007 - Vacating the east-west
               alley between S. 1st and S. 2nd Streets and
               between N and O Streets; vacating N Street
               between S. 1st and S. 2nd Street and vacating
               the west 14 feet of S. 2nd Street between O
               and M Streets.
               Fact Sheet (1552K)

30)  13-141    Approving a sublease agreement between the
               Nebraska Department of Administrative Services
               on behalf of the Nebraska Department of
               Education Vocational Rehabilitation Services
               and the City of Lincoln for the sublease by
               Nebraska Department of Administrative Services
               of 160 square feet of space at 1111 O Street,
               Suite 205, for purposes of Workforce Investment
               Act Services and the American Job Center for a
               four year term of October 1, 2013 through
               September 30, 2017.
               Fact Sheet (12K)
               Attachment (375K)

31)  13-142    Approving a sublease agreement between the
               Nebraska Department of Administrative Services
               on behalf of the Nebraska Department of Labor,
               Office of Unemployment Insurance and the City
               of Lincoln for the sublease by Nebraska
               Department of Administrative Services of 53.75
               square feet of space at 1111 O Street, Suite
               205, for purposes of Workforce Investment Act
               Services and the American Job Center for a
               four year term of October 1, 2013 through
               September 30, 2017.
               Fact Sheet (12K)
               Attachment (358K)


RESOLUTIONS - 1ST READING (ITEMS 32 THRU 38 HAD 1ST READING; 
         SEE ITEM #33)

32)  13R-261   Declaring the official intent of the City
               of Lincoln, Nebraska to reimburse certain
               expenses from the proceeds of City of Lincoln,
               Nebraska Certificates of Participation in
               connection with the acquisition, purchase
               and installation of light poles.

33)  13R-262   Approving the funding obligation, selection
               of contractor and authorizing the Mayor to
               sign the contracts of a Federal Aid Project
               for the final phase of the Jamaica North
               Trail from approximately 4th and Calvert
               Streets to 4th and J Streets along the 
               abandoned Union Pacific Corridor. NDOR
               Project No. ENH-55(160), CN 12879.(Related
               Items:  13R-262, 13R-259)(RULES WAIVED TO HAVE 1ST
               & 2ND READING W/ ACTION ON THIS DATE,6-0;
	       ADOPTED, 6-0; A-87659)
               Fact Sheet (101K)
               Attachment (296K)

34)  13R-265   Comp. Plan Conformance No. 13010 - Approving
               the Yolande Avenue Redevelopment Plan to add
               "Project 1" for the redevelopment of two
               parcels on the south side of Yolande Avenue
               commonly known as 1735 and 1801 Yolande Avenue,
               for a 100,000 sq. ft. building with approximately
               30,000 sq. ft. of manufacturing, 30,000 sq. ft. 
               of warehouse space and 40,000 sq. ft of office
               space in the area generally bounded by N. 14th
               Street to N. 24th Street between Cornhusker
               Highway and Salt Creek.
               Fact Sheet (1357K)
               Attachment (2157K)

35)  13R-266   Amending Resolution No. A-87210 for the Air
               Quality Program Grant (105 Funds) to extend
               the term of the grant from September 30, 2013
               to December 31, 2013.(Consent)
               Fact Sheet (39K)
               Attachment (90K)

36)  13R-268   Appointing Joe Rupp to the City Personnel
               Board for a term expiring June 22, 2018.
               Attachment (233K)

37)  13R-269   Appointing Pat Kahm to the City Personnel
               Board for a term expiring June 22, 2016.
               Attachment (260K)

38)  13R-270   Appointing Kent Mattson to the City Personnel
               Board for a term expiring June 22, 2015.
               Attachment (195K)

PENDING LIST - DATE CERTAIN

39)  13R-254   Adopting the Lincoln Electric System Rate
               Schedules providing for a system average rate
               increase of 2.9%, effective January 1, 2014.
               (Action date: 11/25/13)
               Fact Sheet (159K)

40)  13R-255   Adopting the Lincoln Electric System Annual
               Budget for 2014, to become effective
               January 1, 2014. (Action date: 11/25/13)
               Fact Sheet (160K)

41)  13-108    Creating Special Assessment Re-Paving
               District No. 158 for the purpose of
               reconstructing portions of 66th St., Almira
               Lane, Marcus Rd., and Anns Ct. 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)
               (10/21/13 - Action delayed with Cont'd
               Public Hearing to 11/4/13)(10/21/13 - Action
               delayed with Cont'd Public Hearing to 12/9/13)
               Fact Sheet (13K)
               Attachment (133K)


PENDING LIST   (EXTENDED ONE WEEK)

42)  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

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.  INDIVIDUALS ARE
     ALLOWED A TOTAL OF 5 MINUTES TO SPEAK REGARDLESS OF THE
     NUMBER OF TOPICS. FOR THE MONTH OF NOVEMBER, THESE WILL BE
     HELD ON NOV. 18TH AND NOV. 25TH.


ADJOURNMENT   3:36 P.M.

UPCOMING HEARINGS

     Resolution Setting the Hearing Date of Monday, December 16, 2013,
     at 5:30 p.m. for the Assessment of Weed Abatement costs incurred
     by the City of Lincoln for the period of January 1, 2013 Through
     December 31, 2013.


                                 ***
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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