City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 28, 2013 AT 5:30 P.M.
ALL MEMBERS PRESENT
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-26 Appointing Mandy R. Hatcher to the Veterans
Memorial Advisory Council for a term expiring
November 1, 2015. (ADOPTED, 7-0; A-87176)
Attachment (69K)
2) 13R-9 Reappointing Jerry L. Hudgins, Vicki Huff
and Marilyn McNabb to the Lincoln Electric
System Administrative Board for terms
expiring December 31, 2015. (P.H. Con't
to 1/28/13) (ADOPTED, 7-0; A-87177)
3) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on January 7, 2013. (PLACED ON FILE)
4) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on January 14, 2013. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
5) Setting the hearing date of Monday, February 11,
2013 at 3:00 p.m. for the application of TLD
Foods, Inc. dba Sam & Louie's for a Class IK
liquor license located at 1332 P Street, Suite A.
(ADOPTED, 7-0; A-87178)
6) Setting the hearing date of Monday, February 11,
2013 at 3:00 p.m. for the application of Vina
Market I, LLC dba Vina Market for a Class C
liquor license located at 611 N. 27th Street.
(ADOPTED, 7-0; A-87179)
7) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 12065 to
Special Permit No. 421D, Carriage Hill Community
Unit Plan, approved by the Planning Director on
January 16, 2013 requested by Mahris Custom
Homes to permit a building addition and reduce
the yard for two, two-family dwellings adjacent
to the east lot line on property generally
located near S. 80th Street and A Street.
Administrative Amendment No. 12072 to
Change of Zone No. 05026B, Apple's Way Planned
Unit Development, approved by the Planning
Director on January 16, 2013 requested by
Neighbors Family Homes to adjust the rear
setback for Lot 8, Block 1 (6304 Pomodoro Court)
from 30 feet to 27 feet on property generally
located near S. 63rd Street and Highway 2.
8) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
9) Application of Napoli LLC dba Florio's Italian
Steakhouse and Lounge for a Class I liquor
license at 8701 Andermatt Drive.
(ADOPTED FOR APPROVAL, 7-0; A-87180)
10) Manager application of Florim Ramadani for
Napoli LLC dba Florio's Italian Steakhouse and
Lounge at 8701 Andermatt Drive.
(ADOPTED FOR APPROVAL, 7-0; A-87181)
11) Application of Selama LLC dba Kong's Liquor for
a Class D liquor license at 1401 North 56th
Street, Suites 105 & 106. (ADOPTED FOR APPROVAL, 7-0;
A-87182)
12) Manager application of Fiseha Tesfazion for
Selama LLC dba Kong's Liquor at 1401 North 56th
Street, Suite 105 & 106. (ADOPTED FOR APPROVAL, 7-0;
A-87183)
13) Application of Overlord LLC dba Bunners for a
Class I liquor license at 2785 South 17th
Street. (ADOPTED FOR APPROVAL, 7-0; A-87184)
14) Manager application of Theresa K. Morey for
Overlord LLC dba Bunners at 2785 South 17th
Street. (ADOPTED FOR APPROVAL, 7-0; A-87185)
15) Application of CCW, LLC dba Huhot Mongolian
Grill for a Class I liquor license at 2525 Pine
Lake Road, Suite 200. (ADOPTED FOR APPROVAL, 7-0;
A-87186)
16) Manager application of Roger J. Kneivel for CCW,
LLC dba Huhot Mongolian Grill at 2525 Pine Lake
Road, Suite 200. (ADOPTED FOR APPROVAL, 7-0;
A-87187)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
17) 13R-21 Approving Legends Bar & Grill as a Keno
satellite site at 8300 Northwoods Drive.
(ADOPTED, 7-0; A-87188)
Fact Sheet (95K)
18) 13R-22 Authorizing a request to the State of Nebraska,
Board of Public Roads Classifications and
Standards, for relaxation of the Minimum Design
Standards to allow ten foot wide lanes in North
33rd Street from P Street to Holdrege Street,
City Project 701775. (ADOPTED, 7-0; A-87189)
Fact Sheet (13K)
Attachment (15738K)
19) 13R-23 Approving a fee for the Lift Assist service
performed by Lincoln Fire and Rescue in the
amount of $250.00, pursuant to Section 2.20.200
of the Lincoln Municipal Code.
(ADOPTED, 7-0; A-87190)
Fact Sheet (87K)
20) 13R-24 Approving a Consultant Agreement between the
City of Lincoln and Ameritas Investment Corp.
for Financial Consulting Services for
professional assistance in the issuance of debt
securities by the City for a four year term.
(ADOPTED, 7-0; A-87191)
Fact Sheet (94K)
Attachment (743K)
21) 13R-25 Approving five Contract Agreements between the
City of Lincoln, Lancaster County and the
Lincoln-Lancaster County Public Building
Commission and All Makes Office Equipment, AOI
Corporation, Office Interiors & Design, Pay-Less
Office Products and Staples, Inc. for the annual
supply of Office Seating, pursuant to Bid No.
12-249, for four-year terms with the option to
renew for one additional four-year term.
(ADOPTED, 7-0; A-87192)
Fact Sheet (159K)
Attachment (19736K)
22) 13R-27 Approving two Contract Agreements between the
City of Lincoln and Lesoing's Inc. and
Stephenson Truck Repair, Inc. for the annual
requirements for Automotive Paint and Body Work,
pursuant to Quote No. 3997, for two year terms
with the option to renew for one additional two-
year term. (ADOPTED, 7-0; A-87193)
Fact Sheet (150K)
Attachment (9745K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
23) 13-1 Amending Chapter 24.05 of the Lincoln
Municipal Code, the Lincoln Gas Piping
Systems Code, by amending Section 24.05.010
to provide that Standards 54 and 58 of the
1992 National Fire Protection Association
(NFPA) Standards as amended from time to
time shall be considered part of the
Lincoln Gas Piping Code; amending Section
24.05.260 to provide examinations for
master or journeyman gas fitters shall be
held at dates, times and places as may be
determined by the Director of Building and
Safety upon at least 14 days notice
thereof; amending Section 24.05.350 to
increase certain examination and
registration fees; and amending Section
24.05.380 to increase certain permit fees.
(MTA #1, ADOPTED, 7-0; PASSED AS AMENDED, 7-0;
#19822)
Fact Sheet (114K)
Motion To Amend (6K)
24) 13-2 Amending Chapter 8.16 of the Lincoln
Municipal Code, Contagious and Infectious
Diseases, by repealing Sections 8.16.010,
8.16.020, 8.16.030, 8.16.040, 8.16.050,
8.16.060, 8.16.070, 8.16.080, and 8.16.090
in their entirety. (PASSED, 7-0; #19823)
Fact Sheet (97K)
25) 13-3 Amending Chapter 8.24 of the Lincoln
Municipal Code, Lincoln's Noise Control
Ordinance, by amending Section 8.24.080 to
change requirements for reports; amending
Section 8.24.140 to clarify exemption
provisions related to government
activities; and amending Section 8.24.150
to update provisions for appeal procedures.
(PASSED, 7-0; #19824)
Fact Sheet (94K)
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) (ITEMS 26
THRU 33 HAD 1ST READING)
26) 13-10 Authorizing the issuance of not to exceed
$9,000,000 aggregate principal amount of
Solid Waste Management Revenue and
Refunding Bonds, and related matters.
27) 13-4 Change of Zone 10014A - Application of
Union Bank to amend the Northwoods Plaza
Planned Unit Development to change the
number of dwelling units from 80 to 150 on
property generally located at North 84th
Street and Holdrege Street.
Fact Sheet (2827K)
28) 13-5 Change of Zone 12033 - Amending Title 27 of
the Lincoln Municipal Code (Zoning
Ordinance) to reformat Chapter 27.72
(Height and Lot Regulations) and to include
regulations that were not carried over from
Chapter 27.71 to 27.72; to provide
clarification as to how uses are regulated
by amending Chapters 27.02 Definitions,
27.06 Use Groups, 27.39 H-1 Interstate
Commercial District, 27.62 Conditional
Uses, 27.63 Special Permits, 27.69 Signs,
27.72 Height and Lot Regulations.
(Related Items: 13-5, 13R-29)
(Action Date: 2/11/13)
Fact Sheet (8628K)
29) 13R-29 Misc. No. 12018 - Application of the Planning
Director to amend the City of Lincoln Design
Standards by amending Chapter 3.5 (Landscaping
and Screening) to provide clarification
regarding screening requirements for motorized
vehicle repair and service facilities.
(Related Items: 13-5, 13R-29)
(Action Date: 2/11/13)
Fact Sheet (264K)
Attachment (24K)
30) 13-6 Change of Zone 12036 - Application of Kevin
Rhinehart for a change of zone from R-2
Residential District to R-2 Residential
District with Landmark Overlay, designating
the Myron Wheeler House as a Landmark, on
property generally located at 1717 D
Street.
Fact Sheet (3716K)
Attachment (1387K)
31) 13-7 Amending the pay schedule for a certain
employee group whose classifications are
assigned to the pay range which is prefixed
by the letter "M" by creating the
classification of "Public Works and
Utilities Assistant Director."
Fact Sheet (12K)
Attachment (9K)
32) 13-8 Approving a Real Estate Sales Agreement
between the City of Lincoln and the Housing
Authority of the City of Lincoln for the
sale of City property described as Lot 2
and the north 5 feet of Lot 3, Block 1,
Gibbon's Addition, more commonly known as
1621 North 29th Street.
Fact Sheet (115K)
Attachment (1706K)
33) 13-11 Approving a lease agreement between the
Lincoln Medical Educational Partnership and
City of Lincoln, on behalf of the Lincoln
Police Department for space to be utilized
for the Southeast Team Substation for an
eight month term.
Fact Sheet (103K)
Attachment (994K)
RESOLUTIONS - 1ST READING (ITEMS 34 THRU 36 HAD 1ST READING)
34) 13R-28 Approving an Interlocal Agreement between the
Omaha-Council Bluffs Metropolitan Area Planning
Agency, Lancaster County and City of Lincoln to
obtain digital map products including aerial
photography over Lancaster County and updating
existing building footprints within Lancaster
County.
Fact Sheet (92K)
35) 13R-31 Approving a Memorandum of Understanding between
the State of Nebraska Department of Motor
Vehicles and the City of Lincoln Police
Department for the use of the DMV Facial
Recognition System for a four year period.
Fact Sheet (95K)
Attachment (182K)
36) 13R-32 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of January 1 -
15, 2013.
Fact Sheet (10K)
Attachment (24K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
37) 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
38) 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)
39) 10-4 Change of Zone 08075 - Application of
Waterford Estates, LLC, for a change of
zone from AG Agricultural District to B-2
Planned Neighborhood Business District on
property generally located at North 98th
Street and O Street. (Related Items 10-4,
10R-26) (Request to place on Indefinite
Pending) (1/11/10 - Placed on Indefinite
Pending & to have P.H. when removed from
Pending)
40) 10R-26 Use Permit 08003 - Application of Waterford
Estates, LLC, to develop 250,000 sq. ft. of
commercial floor area on property generally
located at North 98th Street and O Street.
(Related Items 10-4, 10R-26) (Action Date:
2/1/10) (Request to place on Indefinite Pending)
(1/11/10 - Placed on Indefinite Pending & to
have P.H. when removed from Pending)
41) Hearing date of Monday, February 1, 2010,
requested by J. Michael Rierden on behalf of
Lincoln Federal Savings Bank and Stonebridge
Creek LLC appealing from the determination of
Impact Fees imposed on the property legally
described as Lots 39, 45, 46, 47, 49, 50 in
Section 25, Township 11 North, Range 6 East
generally located between Centurion Drive and
North 27th Street along both sides of Alvo Road,
Lancaster County, Nebraska. (9/14/09 -
Placed on Pending, Date Certain to have P.H. on
2/01/2010) (Request to place on Indefinite
Pending) (1/11/10 - Placed on Indefinite Pending
& to have P.H. when removed from Pending)
42) 10-8 Change of Zone 09003 - Application of
Yankee Hill Townhomes, LLC, for a change of
zone from AG Agricultural, R-3 Residential
and R-4 Residential to R-4 Residential
District Planned Unit Development for 84
townhomes, 348 apartments and 30,000 square
feet of commercial land uses, with waivers
to adjust the minimum average lot, the
minimum lot area, the front, side and rear
setbacks, and the 3:1 width to depth ratio,
on property generally located at South 84th
Street and Yankee Hill Road. (Request to
place on Indefinite Pending & to have P.H.
when removed from Pending) (1/25/10 -
Placed on Indefinite Pending & to have P.H.
when removed from Pending)
43) 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)
44) 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)
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
SESSIONS FOR THE MONTH OF JANUARY ARE THE 14TH & 28TH.
ADJOURNMENT 6:43 P.M.
***
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