
City of Lincoln
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City Council Office
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, OCTOBER 28, 2013 AT 5:30 P.M. ALL MEMBERS PRESENT DUE TO THE VETERAN'S DAY HOLIDAY - THERE WILL BE NO CITY COUNCIL MEETING MON., NOV. 11, 2013 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-248 Reappointing Rodney M. Confer as the City Attorney for a two-year term effective November 1, 2013. (ADOPTED, 7-0; A-87629) 2) Assessment Resolution for Downtown Core Improvement District for Board of Equalization to Be Held Monday, November 4, 2013, at 3:00 p.m. (ADOPTED, 7-0; A-87630) 3) Assessment Resolution for Downtown Maintenance Improvement District for Board of Equalization to Be Held Monday, November 4, 2013, at 3:00 p.m. (ADOPTED, 7-0; A-87631) 4) Assessment Resolution for Downtown Business Improvement District for Board of Equalization to Be Held Monday, November 4, 2013, at 3:00 p.m. (ADOPTED, 7-0; A-87632) 5) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by the City Council on October 14, 2013. (PLACED ON FILE) PETITIONS & COMMUNICATIONS - NONE - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS - NONE PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) - NONE PUBLIC HEARING - RESOLUTIONS 6) 13R-249 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of October 1 - 15, 2013. (ADOPTED, 7-0; A-87633) Fact Sheet (7K) Attachment (19K) PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 7) 13R-241 Approving the 21st and N Redevelopment Agreement between the City and Hoppe Brothers LLC relating to the redevelopment of property generally located between L and N, 21st and the Antelope Valley channel; K and L, 20th to Antelope Valley Parkway, and City right-of-way along N St. from S. 17th St. through the S. 23rd St. intersection and L St. from S. Antelope Valley Parkway to 21st St. (Related Items: 13R-241, 13R-242, 13-129) (Action date: 10/28/13) (10/21/13 - Public Hearing Cont'd to 10/28/13) (ACTION DELAYED ONE WEEK TO 11/04/13, 7-0) Fact Sheet (63K) Attachment (2674K) 8) 13R-242 Approving an amendment to the FY 13/14 CIP to authorize and appropriate$4,474,000$4,763,000 in TIF funds for the 21st and N Redevelopment Project. (Related Items: 13R-241, 13R-242, 13-129) (Action date: 10/28/13) (10/21/13 - Public Hearing Cont'd to 10/28/13) (ACTION DELAYED ONE WEEK TO 11/04/13, 7-0) Fact Sheet (35K) 9) 13-129 Authorizing the issuance of 21st and N Sts. Redevelopment Project Tax Allocation Bonds. (Related Items: 13R-241, 13R-242, 13-129) (10/21/13 - Public Hearing Cont'd to 10/28/13) (ACTION DELAYED ONE WEEK TO 11/04/13, 7-0) Fact Sheet (39K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 10) 13-113 Creating Paving District 2633 in W. Nance Ave. from NW 8th St. to NW 9th St. (PASSED, 7-0; #19940) Fact Sheet (18K) Attachment (451K) 11) 13-125 Change of Zone 05026C - Application of Dickey's Barbeque to amend the Apple's Way Planned Unit Development to delete the note which prohibits fast food restaurants with drive-through facilities and businesses which operate 24 hours a day, on property generally located at S. 66th St. and Hwy. 2. (PASSED, 7-0; #19941) Fact Sheet (3461K) 12) 13-126 Change of Zone 13017 - Application of Daryll Lightner for a change of zone from AG Agriculture District and R-2 Residential District to I-1 Industrial District, and from AG Agriculture District, R-2 Residential District and H-3 Highway Commercial District to P Public Use District, on property generally located at NW 27th St. and W. Vine St. (PASSED, 7-0; #19942) Fact Sheet (972K) 13) 13-127 Change of Zone 13021 - Application of Bruce Brinkman for a change of zone from AGR Agricultural Residential District to O-3 Office Park District on property generally located at S. 84th St. and Eiger Dr. (PASSED, 7-0; #19943) Fact Sheet (543K) 14) 13-130 Amending Sections 6.02.300, 6.12.045, 6.12.130, 6.12.132, 6.12.136, 6.12.140, and 6.12.145 of the Lincoln Municipal Code relating to Cats to delete the words "hobby kennel" as it is an obsolete and duplicative term. (PASSED, 7-0; #19944) Fact Sheet (37K) 15) 13-131 Amending Section 6.04.150 of the Lincoln Municipal Code relating to Shelter Fees to increase the first time impoundment fee by $5.00 per animal. (PASSED, 7-0; #19945) Fact Sheet (36K) 16) 13-132 Amending Chapter 6.10 of the Lincoln Municipal Code, Dangerous & Potentially Dangerous Dogs, by deleting Section 6.10.100, Bites Unlawful, and amending Section 6.10.090, Confiscation, to delete a reference to said Section 6.10.100. (PASSED, 7-0; #19946) Fact Sheet (39K) "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) (ITEM 17 HAD 1ST READING) 17) 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. Fact Sheet (2775K) RESOLUTIONS - 1ST READING (ITEMS 18 THRU 25 HAD 1ST READING) 18) 13R-250 Use Permit 102A - Application of St. Patrick's Catholic Church to reduce the front yard setback on portions of N. 61st St., Morrill Ave., and N. 62nd St. for a building expansion and parking lot, on property generally located at N. 61st St. and Morrill Ave. Fact Sheet (1534K) 19) 13R-251 Approving the use of public right-of-way for the installation of fiber optic cable in Madison Ave. to connect 5240 Madison Ave. to Johnson Hall at Nebraska Wesleyan University. Fact Sheet (12K) Attachment (189K) 20) 13R-252 Appointing Ann Bleed to the Lincoln Electric System Administrative Board to fill an unexpired term expiring December 31, 2013. Attachment (182K) 21) 13R-253 Reappointing Ann Bleed to the Lincoln Electric System Administrative Board for a term of January 1, 2014 through December 31, 2016. Attachment (191K) 22) 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) 23) 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) PENDING LIST - DATE CERTAIN (SEE ITEMS 24) 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 Public Hearing for 3 Weeks to 10/28/13) (10/21/13 - Action delayed with Cont'd Public Hearing to 11/4/13) (ACTION DELAYED WITH CON'T P.H. TO 12/09/13) Fact Sheet (13K) Attachment (133K) 25) 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) Fact Sheet (2076K) PENDING LIST (EXTENDED ONE WEEK) 26) 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 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 WHICH, FOR THE MONTH OF OCTOBER, WILL BE HELD ON OCT. 14TH AND OCT. 28TH. ADJOURNMENT 7:21 P.M. UPCOMING HEARINGS Hearing date of Monday, November 4, 2013 at 3:00 P.M. for the Board of Equalization to equalize the assessments for the Downtown Business Improvement District, Core Business Improvement District Overlay & Downtown Maintenance District. Hearing date of Monday, November 4, 2013 at 3:00 p.m. for the Application of Hollenbeck Farms LLC DBA HF Crave for a Class A liquor license located at 2801 Pine Lake Rd., Suite W. Hearing date of Monday, Nov. 25, 2013, at 5:30 p.m. and place on the formal City Council Agenda the following: 13-133 Provide authority to create and order constructed a water district at SW 6th along W. Prospector Ct., SW 6th St., & W. High St. *** 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