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Formal Agenda


         ACTION FROM THE  REGULAR  CITY  COUNCIL  MEETING HELD
                    MONDAY, OCTOBER 13, 2014  AT 3:00 P.M.

                    ALL PRESENT EXCEPT: COOK, FELLERS

                       MAYOR'S AWARD OF EXCELLENCE
           FOR THE MONTH OF SEPTEMBER, 2014 WAS PRESENTED TO 
  SERGEANT JEFF BUCHER OF THE LPD CRIMINAL INVESTIGATIONS DIVISION 
  IN THE CATEGORIES OF CUSTOMER RELATIONS, PRODUCTIVITY, AND SAFETY



                    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)  14R-260   Approving a Service Contract between the Nebraska
               Department of Health and Human Services, Division of
               Public Health Lifespan Health Unit, Women's and Men's
               Health Programs, and the City of Lincoln on behalf of
               the Lincoln-Lancaster County Health Department
               regarding preventive health screening for a term of
               September 15, 2014 through December 31, 2015.
               (ADOPTED, 5-0; A-88575) 
               Fact Sheet (92K)
               Attachment (719K)

 2)            Clerk's Letter and Mayor's Approval of Resolutions and
               Ordinances passed by the City Council on September 29,
               2014. (PLACED ON FILE)

 3)            Report regarding Settlement 
               Agreement under Neb. Rev. Stat. §84-713 
               (Non-Tort Claims) with Mark Sullivan. (PLACED ON FILE) 

 4)            Report from City Treasurer of City Cash on hand at the
               close of business August 31, 2014. (PLACED ON FILE)

PETITIONS & COMMUNICATIONS

 5)            Setting the hearing date of Mon., Oct. 27, 2014 at 5:30
               p.m. on the Application of PRA Inc dba Misty's
               Steakhouse & Brewery for a deletion to their sidewalk
               caf? area at 200 N. 11th St. (ADOPTED, 5-0; A-88576)

 6)            Setting the hearing date of Mon., Oct. 27, 2014 at 5:30
               p.m. on the Application of TPG Holdings Inc dba The Hot
               Mess for an addition of an outdoor area measuring
               approx. 5' x 14' to the east at 408 S. 11th St. 
               (ADOPTED, 5-0; A-88577)

 7)            REFERRED TO THE PLANNING DEPARTMENT:
               Special Permit 2022E, requested by Stone Ledge
               Village, LLC, to revise the lot layout; to amend the
               use restrictions in Note 23 to allow the potential for
               Lot 2 of Pine Lake Heights South 17th Addition to be
               used for additional parking area; and to adjust
               commercial square footages, on property legally
               described as Lots 4 and 5, Pine Lake Heights South 16th
               Addition, and Lot 2, Pine Lake Heights South 17th
               Addition, located in the SW 1/4 of Section 19-9-7,
               Lincoln, Lancaster County, Nebraska, generally located
               at the northeast corner of South 27th Street and Jamie
               Lane.  The Planning Commission action is final, unless
               appealed to the City Council.
               Text Amendment 14007, requested by Planning
               Director, amending Title 27 of the Lincoln Municipal
               Code to (1) correct  errors made in previous text
               amendments and to clarify existing language without
               changing the intent of the language by amending Section
               27.02.200 to clarify the definition of "story" to
               provide for a more clear understanding of where the
               first story of a structure begins; amending Section
               27.06.160 relating to the Major Entertainment and Event
               Use Group to provide guidance as to when a venue should
               be classified as "major event entertainment," e.g. 500
               seats or more; amending Section 27.06.170 by amending
               the Use Group Table to designate Cabinet Shops and
               Stores as a conditional use in the H-2 zoning district;
               amending Sections 27.61.040 and 27.61.050 to add "or
               this Chapter" as a reference to clarify what methods
               can be used to structurally alter, reconstruct, or
               restore a nonconforming structure; amending Section
               27.67.066 to update parking for H-3 uses to reflect
               specific uses that were allocated a parking reduction
               prior to Use Groups approval; amending Section
               27.69.030 general provisions for signs to clarify that
               roof signs are permitted but are regulated under
               Section 27.69.310, to require a certain spacing between
               the location of any sign and an abutting residential
               premises located in a residential district, and to
               clarify that in all zoning districts, except for the
               O-1, O-2, and R-T districts, more than one sign per
               architectural elevation per building is allowed,
               provided that the total sign area of such wall signs
               shall not exceed 30% per architectural elevation and no
               wall sign shall exceed 500 square feet in sign area;
               amending Section 27.69.240 to clarify that menu boards,
               although a type of freestanding sign, have their own
               regulations; amending Section 27.69.290 to clarify that
               window signs are not counted toward the allocated
               percentage of wall signage; amending Section 27.69.310
               to insert language needed for consistency between this
               section and Section 27.69.030; amending Section
               27.72.180 to provide that a commercial use abutting a
               residential district does not need to comply with the
               residential district provisions if the adjacent land in
               the residential district may be used for a commercial
               use under a PUD; and (2) to modify appeal procedures to
               consistently include any council member or mayor among
               the listed persons who have the right to appeal the
               applicable order, approval, disapproval, or other
               decision by amending Sections 27.56.140, 27.57.180,
               27.62.150, 27.63.025, 27.64.010, 27.69.030, 27.72.190,
               and 27.81.021; and repealing Sections 27.02.200,
               27.06.160, 27.06.170, 27.56.140, 27.57.180, 27.61.040,
               27.61.050, 27.62.150, 27.63.025, 27.64.010, 27.67.066,
               27.69.030, 27.69.240, 27.69.290, 27.69.310, 27.72.180,
               27.72.190, and 27.81.021 of the Lincoln Municipal Code
               as hitherto existing.

 8)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment 13079, to Special
               Permit 14070, Horizon Business Center, approved by the
               Planning Director on October 1, 2014, requested by
               Olsson Associates, to increase the floor area on Lot 10
               from 21,500 square feet to 26,429 square feet, on
               property generally located at S. 13th St. and Aries Dr.
               Administrative Amendment 14070, to Final Plat
               05042, Fieldstone Center 4th Addition, approved by the 
               Planning Director on October 3, 2014, requested by
               Jennifer Hurt, to extend the time for two years to 
               install street trees and pedestrian way sidewalk for 
               Fieldstone Center 4th Addition, on property generally 
               located at N. 26th St. and Old Dairy Rd.

 9)  MISCELLANEOUS REFERRALS - NONE

                     - END CONSENT AGENDA -


PUBLIC HEARING - LIQUOR RESOLUTIONS

10)            Application of Fucor Inc. 
	         dba Venue to expand it Class CK liquor license to add an 
               additional outdoor area measuring approximately 19 feet by 88 
               feet to the west at 4111 Pioneer Woods Drive, #100.  
               (10/6/14 - Public Hearing & Action cont'd for 1 week to 
               10/13/14). (ADOPTED FOR APPROVAL, 5-0; A-88578)


PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
        (ITEMS 11 THRU 13 HAD 2ND READING)

11)  14-131    Amending Title 10 of the Lincoln Municipal Code
               relating to Vehicles and Traffic to add and clarify
               provisions and penalties relating to violations of snow
               emergency parking bans by amending Section 10.06.110 to
               clarify the authority of Parking Control Officers to
               issue citations relating to snow emergency parking
               violations pursuant to Chapters 10.40 and 10.41;
               amending Section 10.06.120 to provide that a person
               accused of parking in violation of a snow removal
               district parking ban may waive arraignment and their
               right to a hearing and pay a designated sum; amending
               Section 10.40.120 to delete a reference to an obsolete
               section; and amending Section 10.41.110 to add a
               reference to the penalty section in Section 10.06.120.
               Fact Sheet (74K)

12)  14-132    Approving a Real Estate Purchase Agreement between the
               City of Lincoln and NEBCO, Inc. authorizing the sale of
               City owned property located at 901 N. 6th Street.
               Fact Sheet (11K)
               Attachment (428K)

13)  14-133    Approving a Real Estate Sales Agreement between the
               City of Lincoln and NEBCO, Inc. dba Western Sand &
               Gravel authorizing the sale of approximately 8.46 acres
               of City owned property generally located in the Lincoln
               Water System Well Fields adjacent to the sand and
               gravel operation in Saunders County.
               Fact Sheet (91K)
               Attachment (4548K)


PUBLIC HEARING - RESOLUTIONS

14)  14R-258   Approving an Agreement between the City of Lincoln and
               Lancaster County to cooperate in various road
               construction, improvements and road maintenance
               projects for county roads located within the three-mile
               zoning jurisdiction of the City of Lincoln.
               (ADOPTED, 5-0; A-88579)
               Fact Sheet (54K)
               Attachment (275K)

15)  14R-259   Accepting the report of new and pending claims against
               the City and approving disposition of claims set forth
               for the period of September 16-31, 2014. 
               (ADOPTED, 5-0; A-88580)
               Fact Sheet (10K)
               Attachment (23K)

16)  14R-261   Approving an Interlocal Agreement between the City of
               Lincoln and Lancaster County for Animal Control
               Services provided by Lincoln-Lancaster County Health
               Department Animal Control in Lancaster County and
               establishing the payment of services in the event of an
               emergency.  (ADOPTED, 5-0; A-88581)              
	         Fact Sheet (63K)
               Attachment (135K)

                     - END PUBLIC HEARING -


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

17)  14-128    Amending Section 2.76.365 of the Lincoln Municipal Code
               relating to Hours of Work to provide that employees
               with a pay range prefixed by "E" who are eligible to
               retire will be required to retire within one year from
               the date they elect to reduce their hours. 
               (PASSED, 5-0; #20097)
               Fact Sheet (44K)

18)  14-129    Amending the pay schedule for the employee group whose
               classifications are assigned to the pay range prefixed
               by the letter "M" to change the pay range of Building &
               Safety Manager from M03 to M02. (PASSED, 5-0; #20098)
               Fact Sheet (41K)

19)  14-130    Change of Zone 14025 - Application of B&J Partnership
               Ltd. for a change of zone to designate the
               O'Connell/Galbraith House as an Historic Landmark, on
               property generally located at S. 9th St. and G St. 
               (PASSED, 5-0; #20099)
               Fact Sheet (2207K)
               Attachment (1259K)


       "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 20 THRU 21 HAD 1ST READING)

20)  14-134    Annexation 14005 -  Amending the Lincoln Corporate
               Limits Map by annexing approximately 39 acres of
               property generally located at S.W. 56th St. and W. O
               St. (Related Items 14-134, 14-135)
               Fact Sheet (3419K)
               Attachment (2667K)

21)  14-135    Change of Zone 14026 - Application of R & D Development
               for a change of zone from AG Agricultural District to
               I-1 Industrial District and H-3 Highway Commercial
               District on property generally located at S.W. 56th St.
               and W. O St.    (Related Items 14-134, 14-135)
               Fact Sheet (1907K)


RESOLUTIONS - 1ST READING (ITEMS 22 THRU 23 HAD 1ST READING)

22)  14R-262   Approving ECKK Inc. dba Kelli's Pub as a Keno satellite
               site at 1318 N. 66th Street.
               Fact Sheet (54K)

23)  14R-263   Misc. 14002 - Approving the First Amendment to
               Protective Covenants for Lots 1, 6, 7, 8, 9, 10, 11,
               and 12, Block 4, Eastmont Second Addition to allow
               modifications to setbacks, parking requirements,
               building floor area, landscape screening, and
               relocation of the sidewalks on property generally
               located at 6201 O Street.
               Fact Sheet (3603K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST  (EXTENDED ONE WEEK)

24)  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)

25)  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)  (2/10/14 - Placed
               on Pending, No Date Certain)
               Fact Sheet (2736K)

26)  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) 
               (2/10/14 - Placed on Pending, No Date Certain)
               Fact Sheet (2814K)

27)  14R-155   Approving an Interlocal Master Facility Use Agreement
               between Lincoln Public Schools and the City of Lincoln
               establishing an equitable method for sharing costs
               associated with shared use of facilities managed by
               each of the parties. (6/9/14 - Public Hearing &
               Action cont'd 2 weeks to 6/23/14) (6/23/14 - Placed on
               Pending, No Date Certain (to have cont'd P.H.))
               Fact Sheet (70K)
               Attachment (872K)

28)  14-75     Approving a Lease Agreement between the City of
               Lincoln and Lobo's City Mex, Inc. for the lease of
               property generally located at 344 N. 27th St. for
               a two year term. (6/30/14 - Held over 2 weeks
               to 7/14/14 due to lack of required majority vote;
               Assenting: Emery, Eskridge, Fellers; Dissenting:
               Camp, Christensen; Absent: Cook, Gaylor Baird) 
               (7/14/14 - Action Delayed 1 Week to 7/21/14)
               (7/21/14 - Placed on Pending, No Date Certain)
               Fact Sheet (115K)
               Attachment (866K)

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 
     OCTOBER, OPEN MICROPHONE SESSIONS WILL BE HELD ON OCTOBER
     13TH & 27TH.


ADJOURNMENT	3:45 P.M.


UPCOMING HEARINGS

     Hearing date of Mon., Oct 20, 2014 at 3:00 p.m. on the Manager
     Application of Kevin Reynolds for BDF, LLC dba Captain Jacks
     at 140 N 12th St.

     Hearing date of Mon., Oct 20, 2014 at 3:00 p.m. on the Manager
     Application of Douglas Litz for The Old Pub, LLC dba The Old Pub
     at  420 S 11th St.

     Hearing date of Mon., Oct 20, 2014 at 3:00 p.m. on the
     Application of Boulevard 333, LLC dba Boulevard Bistro for a
     Class CK liquor license at 333 N. Cotner Blvd.

     Hearing date of Mon., Oct 20, 2014 at 3:00 p.m. on the
     Application of Ploughshare Brewing Co. LLC, dba Ploughshare
     Brewing Co for a Class L liquor license at 1630 P St.

                                  ***
     The Lincoln City Council meetings at 3 p.m. Mondays except for
holidays. One meeting a month, usually the last one, begins at 5:30
p.m.  All meetings are aired live on 5 CITY-TV.  They are re-aired on
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find the meetings on channel 71.14.  The meetings are also streamed
live on the Internet and available later through video-on-demand at
lincoln.ne.gov (click on the 5 CITY-TV icon).
                                  ***
    The City Council Agenda and Action Sheet may be accessed on the
Internet at: lincoln.ne.gov
                                  ***
ACCOMMODATION NOTICE
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priority for the City of Lincoln.  In the event you are in need of a 
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meeting conducted by the City of Lincoln, please contact the Director of
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as soon as possible before the scheduled meeting date in order to make
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