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Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, FEBRUARY 10, 2014 AT 3:00 P.M.

                          ALL MEMBERS PRESENT

      THERE WILL BE NO CITY COUNCIL MEETING, MON., FEBRUARY 17, 2014
                   DUE TO THE PRESIDENT'S DAY HOLIDAY

                      MAYOR'S AWARD OF EXCELLENCE
                     FOR THE MONTH OF JANUARY, 2014
                 WAS PRESENTED TO ROBERT (BOBBY) NORTON
            POLICE OFFICER FOR THE LINCOLN POLICE DEPARTMENT
                   IN THE CATEGORY OF CUSTOMER SERVICE

                 COOK BRIEFLY EXITED THE COUNCIL CHAMBERS


                     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)            Resolution levying the special taxes assessed January
               13, 2014 and January 27, 2014, to pay for the costs of
               the improvements in Sewer District 1187 and Sidewalk
               District 96. (ADOPTED, 6-0, COOK ABSENT; A-88088)

 2)            Resolution approving the distribution of funds
               representing interest earnings on short-term
               investments of Idle Funds during the month ended
               December 31, 2013. (ADOPTED, 6-0, COOK ABSENT; A-88089)

 3)            Clerk's Letter and Mayor's Approval of Resolutions and
               Ordinances passed by the City Council on January 27,
               2014. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 4)            Setting the hearing date of Monday, March 3, 2014 at
               3:00 p.m. for the Application of Casey's Retail Company
               dba Casey's General Store #2720 to expand from
               approximately 40' x 76' to approximately 40' to 88' at
               1001 South 13th Street. (ADOPTED, 6-0, COOK ABSENT; A-88090)

 5)            Setting the hearing date of Monday, March 3, 2014 at
               3:00 p.m. for the Application of Yo Java, Inc. dba Mo
               Java Caf? to expand from approximately 42' x 40' to
               approximately 62' x 40' at 2649 North 48th Street.
               (ADOPTED, 6-0, COOK ABSENT; A-88091)

 6)            Setting the hearing date of Monday, March 3, 2014 at
               3:00 p.m. for the Manager Application of Roger Patton
               in connection with Risky's, Inc. dba Risky's Sport's
               Bar & Grill located at 4680 Leighton Avenue. (ADOPTED,
               6-0, COOK ABSENT; A-88092)

 7)            Setting the hearing date of Monday, March 3, 2014 at
               3:00 p.m. for the Manager  Application of Jillian
               Carter in connection with Greenfield's dba Greenfield's
               located at 7900 South 87th Street. (ADOPTED, 6-0,
               COOK ABSENT; A-88093)


8)  MISCELLANEOUS REFERRALS - NONE


                     - END CONSENT AGENDA -


                  COOK RETURNED TO COUNCIL CHAMBERS


PUBLIC HEARING - LIQUOR RESOLUTIONS

 9)            Application of Nebraska Entertainment Inc. dba Lincoln
               Grand Cinema for a Class I liquor license at 1101 P St.
               (DELAYED W/ CON'T P.H. 3 WEEKS TO 03/03/14, 7-0)

10)            Manager application of Brian G. Shander for Nebraska
               Entertainment Inc. dba Lincoln Grand Cinema at 1101 P St.
               (DELAYED W/ CON'T P.H. 3 WEEKS TO 03/03/14, 7-0)

11)            Application of The Garage Sports Bar & Grill Inc. dba
               The Garage Sports Bar and Grill to expand its Class I
               liquor license for an expansion of the beer garden area
               for a new licensed area described as a one story
               building approx. 95 ft. by 102 ft. with beer garden
               area approx. 21 ft. by 64 ft. at 5551 S. 48th St.
               (ADOPTED FOR APPROVAL, 7-0; A-88094)

12)            Application of Temenay Corp. dba Mum's Liquor for a
               Class D liquor license at 2202 O St. (ADOPTED FOR
               APPROVAL, 7-0; A-88095)

13)            Manager application of Fiseha Tesfazion for Temenay
               Corp. dba Mum's Liquor at 2202 O St. (ADOPTED FOR
               APPROVAL, 7-0; A-88096)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS
     (as required) (ITEMS 14 THRU 16 HAD 2ND READING, SEE ITEMS 14 & 15)

14)  14-15     Change of Zone No. 13029 - Application of US
               Properties for a change of zone from AGR
               Agricultural Residential District to H-3 Highway
               Commercial District on property generally located
               at Eiger Drive and Nebraska Highway 2.
               (Related Items: 14-15, 14R-48)
               (PLACED ON INDEFINITE PENDING, 7-0)
               Fact Sheet (2736K)

15)  14R-48    Special Permit No. 13060 - Application of Silver
               Office - Oakview LLC to allow a campground for 13 
               camp sites on property generally located at Eiger 
               Drive and Nebraska Highway 2. (Related Items: 14-15,
               14R-48) (Action Date: 02/24/14) (PLACED ON INDEFINITE
               PENDING, 7-0)
               Fact Sheet (2814K)

16)  14-16     Rededication of vacated Crestdale Road as public
               right-of-way.
               Fact Sheet (7K)
               Attachment (668K)


PUBLIC HEARING - RESOLUTIONS

17)  14R-49    Special Permit/Use Permit No. 8C - Application of A
               Street, LLC, to allow an approx. 12,400 sq. ft.
               expansion of an existing health care facility and to
               modify the required parking ratio for doctors' offices
               on property generally located at S. 70th St. and A St.
               (ADOPTED, 7-0; A-88097)
               Fact Sheet (2207K)

18)  14R-50    Amending the second year (2013-14) of the six year CIP
               for Parks and Recreation Department/West
               Adams/Cornhusker Highway and I-180 Corridors project to
               identify an appropriation of $2.5 million and change
               the funding source from Other Financing to Lease
               Purchase Funding. (Related Items: 14R-50, 14R-52)
               (ADOPTED, 7-0; A-88098)
               Fact Sheet (7K)

19)  14R-52    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 acquisition and
               installation of materials and equipment for (a)
               sidewalks, (b) fiber optic network installations and
               expansions, and (c) improvements to West
               Adams/Cornhusker Highway and I-180 Corridor.
               (Related Items: 14R-50, 14R-52) (ADOPTED, 7-0; A-88099)

20)  14R-51    Approving the purchase of property located at S. 29th
               and A Sts. from the Lincoln Parks Foundation for a
               purchase price of $248,750 with a funding source from
               the Advance Land Acquisition Fund. (ADOPTED, 7-0;
               A-88100)
               Fact Sheet (192K)

21)  14R-53    Approving a Contract Agreement between the City of
               Lincoln and Windstream Communications for the annual
               requirements for Internet Service Provider Services,
               pursuant to Bid No. 14-016, for a four year term with
               the option to renew for one additional four year term.
               (ADOPTED, 7-0; A-88101) 
               Fact Sheet (148K)
               Attachment (3642K)

                     - END PUBLIC HEARING -


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

22)  14-12     Change of Zone 13028 - Application of Lincoln
               Countryhouse III, LLC for a change of zone from P
               Public Use District to R-3 Residential District on
               property generally located at S. 70th St. and O
               St. (PASSED, 7-0; #19991)
               Fact Sheet (1886K)

23)  14-13      Annexation No. 13004 - Amending the Lincoln
               Corporate Limits Map by annexing approx. 15.81
               acres generally located at Hwy. 2 and Ashbrook Dr. 
               (Related Items: 14-13, 14-14 & 14R-44)
               (DELAYED W. CON'T P.H. [FOR NEW INFORMATION ONLY]
               3 WEEKS TO 03/03/14, 7-0)
               Fact Sheet (2259K)
               Attachment (471K)

24)  14-14     Change of Zone No. 13020 - Application of
               Livingston Investments for a change of zone from
               AGR Agricultural Residential District to R-4
               Residential on property generally located at Hwy.
               2 and Ashbrook Dr. (Related Items: 14-13, 14-14
               & 14R-44) (DELAYED W. CON'T P.H. [FOR NEW
               INFORMATION ONLY] 3 WEEKS TO 03/03/14, 7-0)
               Fact Sheet (2261K)

25)  14R-44    Special Permit No. 13043 - Approving the application of
               Livingston Investments to develop the Broadmoor
               Ashbrook Apartments Community Unit Plan to allow up to
               220 dwelling units with requested waivers of the
               required block length and building height on property
               generally located at Hwy. 2 and Ashbrook Dr.
               (Related Items: 14-13, 14-14 & 14R-44) (Action Date:
               2/10/14) (DELAYED W. CON'T P.H. [FOR NEW INFORMATION
               ONLY] 3 WEEKS TO 03/03/14, 7-0)
               Fact Sheet (11895K)
               Fact Sheet (14534K)
               Attachment (109K)


"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 26 THRU 29 HAD 1ST READING)

26)  14-17     Authorizing the purchase agreement for the sale of
               City owned property generally located at 1520 Van
               Dorn Street to Kylie J. Schildt.
               Fact Sheet (85K)
               Attachment (1474K)

27)  14-18     Approving a Real Estate Sales Agreement between
               the City of Lincoln and Cynthia Ostiguin for the
               sale of City owned property generally located at
               144 B Street.
               Fact Sheet (59K)
               Attachment (716K)

28)  14-19     Approving a Real Estate Sales Agreement between
               the City of Lincoln and Neighborhoods, Inc. for
               the sale of City owned property generally located
               at 2206 E Street.
               Fact Sheet (65K)
               Attachment (700K)

29)  14-20     Amending Chapter 18.04 of the Lincoln Municipal
               Code relating to Construction Requirements to
               bring said chapter into conformance with Neb. Rev.
               Stat. §15-905 by amending Section 18.04.010
               to delete a reference to farmsteads; repealing
               Section 18.04.020 (Farmstead Defined); amending
               Section 18.04.080 to correct a section reference;
               and amending Section 18.04.090 to exempt cities
               and villages within three miles of the corporate
               limits of the City of Lincoln unless such cities
               and villages consent.
               Fact Sheet (12K)


RESOLUTIONS - 1ST READING (ITEM 30 HAD 1ST READING)

30)  14R-54    Accepting the report of new and pending claims against
               the City and approving disposition of claims set forth
               for the period of January 16-31, 2014.
               Fact Sheet (7K)
               Attachment (20K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST   (EXTENDED TWO WEEKS)

31)  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

32)  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
               P.H. for 3 Weeks to 10/28/13) (10/21/13 - Action
               delayed with Cont'd P.H. to 11/4/13) (10/21/13 - Action
               delayed with Cont'd P.H. to 12/9/13) (11/25/13 -
               Placed on Pending, No Date Certain)
     	       Fact Sheet
               Attachment (1111K)


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 FEBRUARY, OPEN MICROPHONE SESSIONS WILL BE HELD ON
     FEB. 10TH & 24TH.


ADJOURNMENT   5:49 P.M.


UPCOMING HEARINGS

     Hearing date of Mon., February 24, 2014 on the Application of
     Penelope's Lil Caf? Inc dba Penelope's Lil Caf? for a Class I
     Liquor License at 4724 Pioneers Blvd.


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

                                  ***

ACCOMMODATION NOTICE
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Section 504 of the Rehabilitation Act of 1973 guidelines. Ensuring the public's access
to and participating in public meetings is a priority for the City of Lincoln.  In the
event you are in need of a reasonable accommodation in order to attend or participate
in a public meeting conducted by the City of Lincoln, please contact the Director of
Equity and Diversity, Lincoln Commission on Human Rights, at (402) 441-7624 as soon as
possible before the scheduled meeting date in order to make your request. 

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