City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 1, 2013 AT 3:00 P.M.
ALL MEMBERS PRESENT
THE MEETINGS OF APRIL 8TH AND 29TH BEGIN AT 5:30 P.M.
OPEN MICROPHONE SESSIONS WILL BE HELD ON EACH DATE
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) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on March
18, 2013. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
2) Setting the hearing date of Monday, April 15, 2013
at 3:00 p.m. for the manager application of Jaime
Esquivel in connection with Brothers Est. 1967
located 1339 O Street. (ADOPTED, 7-0; A-87274)
3) Setting the hearing date of Monday, April 15, 2013
at 3:00 p.m. for the application of Rena, Inc. dba
The Foxy for a Class C liquor license located at
1823 O Street. (ADOPTED, 7-0; A-87275)
4) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 13007 to Special
Permit No. 1992A, Edenton Woods Community Unit
Plan, approved by the Planning Director on March
20, 2013, requested by CASEYCO - Edenton Woods,
LLC., to adjust the rear setback from 30 feet or
20% of the lot depth to 15 feet for Lots 1-23,
Block 1, on property generally located near
Ashbrook Dr. and Highway 2.
Administrative Amendment No. 13012 to Pre-
Existing Use Permit No. 29A, approved by the
Planning Director on March 20, 2013, requested by
Matthew Frauenshuh, to revise the site layout for
a new 2,200 square feet commercial building, on
property generally located at 7040 "O"
St.
5) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
6) Application of Fraiche Inc. dba Chez Hay
Catering for a Class IK liquor license
at 210 North 14th Street. (ADOPTED FOR APPROVAL,
7-0; A-87276)
7) Manager application of Sean Carmichael for Fraiche
Inc. dba Chez Hay Catering at 210 North 14th
Street. (ADOPTED FOR APPROVAL, 7-0; A-87277)
8) Application of WMJD LLC dba Single Barrel for the
addition of an outside area measuring
approximately 32 feet by 109 feet to the south of
its licensed premises at 130 North 10th Street.
(ADOPTED FOR APPROVAL, 7-0; A-87278)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 9 & 10 HAD 2ND READING)
9) 13-45 Vacation No. 13002 - Vacating Schmidt Drive
between W. Denton Road and South 1st Street.
Fact Sheet (1048K)
Attachment (514K)
10) 13-46 Authorizing the City of Lincoln, Nebraska to
enter into a Master Tax-Exempt Lease Purchase
Agreement and related documents with U.S.
Bank, or an affiliate thereof, in the amount
of $512,317 for the acquisition of golf
course grounds maintenance equipment for use
by the City.
PUBLIC HEARING - RESOLUTIONS
11) 13R-72 Approving BBQ Luck LLC dba Luckie's Lounge &
BBQ as a Keno satellite site at 5250
Cornhusker Highway. (ADOPTED, 7-0; A-87279)
Fact Sheet (88K)
12) 13R-73 Approving Talexmo LLC dba Woodees Bar as a Keno
satellite site at 2001 West O Street. (ADOPTED,
7-0; A-87280)
Attachment (83K)
13) 13R-74 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of March 1 - 15,
2013. (ADOPTED, 7-0; A-87281)
Fact Sheet (10K)
Attachment (23K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
14) 13-43 Annexation 12002 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 25 acres generally located
southeast of South 70th Street and Yankee
Hill Road. (Related Items: 13-43, 13-44)
(Action Date: 4/1/13) (PASSED, 7-0; #19862)
Fact Sheet (5979K)
Attachment (477K)
15) 13-44 Change of Zone 05068C - Application of R.C.
Krueger Development to amend The Woodlands at
Yankee Hill Planned Unit Development; for a
change of zone from AG Agriculture District
to R-3 Residential PUD District; for
expansion of the area of the PUD by
approximately 25 acres generally located
southeast of South 70th Street and Yankee
Hill Road; for a Planned Unit Development
district designation; for approval of a
revised development plan for certain
modifications to the Zoning and Land
Subdivision Ordinance; and to allow an
additional 60 lots for residential dwelling
units in the underlying R-3 Residential zoned
area. (Related Items: 13-43, 13-44)
(PASSED, 7-0; #19863)
Fact Sheet (5883K)
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 16 THRU 20 HAD 1ST READING)
16) 13-51 Approving a contract between the City and
Lincoln Haymarket Development Corp. to
operate and regulate a Saturday public market
in the Haymarket area, 7th Street from P to Q
Streets and P Street from 7th to 8th Streets
from May 4, 2013 through October 12, 2013 and
on 8th Street from P to Q Streets from May 4,
2013 through August 24, 2013.
Fact Sheet (104K)
Attachment (589K)
17) 13-47 Text Change 13003 Amending Title 27 of the
Lincoln Municipal Code relating to Zoning by
amending Sections 27.52.010, 27.52.020,
27.53.010, and 27.53.020 to adopt the Flood
Insurance Rate Map (FIRM) for Lancaster
County Nebraska and Incorporated Areas
Revised April 16, 2013 and the Flood
Insurance Study (FIS) for Lancaster County,
Nebraska and Incorporated Areas Revised April
16, 2013, as required by the Federal
Emergency Management Agency. (Related
Items 13-47, 13-48)
Fact Sheet (1888K)
18) 13-48 Text Change 13004 Amending Title 26 of the
Lincoln Municipal Code relating to Land
Subdivision by amending Sections 26.24.010
and 26.25.010 to adopt the Flood Insurance
Rate Map (FIRM) for Lancaster County,
Nebraska and Incorporated Areas Revised April
16, 2013 and the Flood Insurance Study for
Lancaster County, Nebraska and Incorporated
Areas Revised April 16, 2013, as required by
the Federal Emergency Management Agency.
(Related Items 13-47, 13-48)
Fact Sheet (1778K)
19) 13-49 Change of Zone 12028 Application of
Park Ridge Apartments Too, LLC for a
change of zone from R-2 Residential
District to R-4 Residential District on
property generally located at West C
Street and South Folsom Street.
Fact Sheet (2089K)
20) 13-50 Change of Zone 13004 Application of TDP
Phase One, LLC for a change of zone from B-4
Lincoln Center Business District to B-4
Lincoln Center Business District with a
Special Sign District designation known as
"The Railyard Special Sign District" on
property generally located at North 7th
Street and Q Street.
Fact Sheet (920K)
RESOLUTIONS - 1ST READING (ITEMS 21 THRU 23 HAD 1ST READING)
21) 13R-75 Approving a Service Agreement between the City of
Lincoln on behalf of the Lincoln-Lancaster County
Health Department and the University of
Nebraska-Lincoln to provide practicum or shadowing
experiences for students at the Health Department
in the WIC, Health Promotion and Early Childhood
Special Education Programs for a term of January
1, 2013 through December 31, 2014. (Request
P.H. on 4/8/13 Consent Agenda)
Fact Sheet (160K)
Attachment (481K)
22) 13R-77 Approving an Inter-Governmental Agreement between
the Nebraska Department of Environmental Quality
(NDEQ) and the City of Lincoln regarding the
implementation of the Section 319 Project entitled
"Lincoln Children's Zoo Water Quality Education
Project."
Fact Sheet (12K)
Attachment (722K)
23) 13R-78 Approving an Inter-Governmental Agreement between
the Nebraska Department of Environmental Quality
(NDEQ) and the City of Lincoln regarding the
implementation of the Section 319 Project entitled
"Antelope Creek Water Quality Projects and
Programs."
Fact Sheet (12K)
Attachment (1177K)
PENDING LIST - DATE CERTAIN
24) 13R-67 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of February 16 -
28, 2013. (3/25/13 - Action Delayed to 4/8/13
on claim of Bruce Davidson)
Fact Sheet (10K)
Attachment (24K)
PENDING LIST (EXTENDED ONE WEEK)
25) 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
26) 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)
27) 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)
28) 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)
29) 13-16B Vacating the north 4 feet of Q Street between
North 18th Street and N. Antelope Valley Parkway;
and the south 4 feet of R Street between North
18th Street and N. Antelope Valley
Parkway. (2/25/13 - Placed on Indefinite
Pending)
30) 13-42 Amending Chapter 24.01 of the Lincoln
Municipal Code (Lincoln Fire Suppression
Systems) to delete references to or actions
required of the examining board and the
Administrative Authority; and by amending
Section 24.01.010 to replace the definition
of "Administrative Authority" with the
definition of "Building and Safety"; amending
Section 24.01.040 to provide qualifications
for a Fire Suppression Journeyman and Fire
Suppression Contractor, and to provide that
the Director shall determine the minimum
qualifications for applicants for
registration based on a point system and
shall approve the form and content of any
examination to be given to applicants;
repealing Section 24.01.050, Examining Board,
Authority; adding a new section numbered
24.01.065 to provide for the
appeal of an issued or denied registration
certificate; repealing Section 24.01.070,
Examining Board, Meetings; amending Section
24.01.100 to change of registration; amending
Section 24.01.110 to provide renewal of certificates
of registration upon approval of the
Director; amending Section 24.01.120 to provide
any person registered as a contractor or
journeyman who does not renew his certificate of
registration for a period of 60 days after the
expiration of the same may be required to submit
himself to an examination by the Director before
such person can again be registered; amending
Section 24.01.150 to increase registration and
examination fees; amending Section 24.01.180 to
delete references to Fire and Rescue Department;
amending Section 24.01.190 to provide for a plan
review fee; amending Section 24.01.200 to increase
permit fees and inspection fees and to provide
double fees where work for which a permit is
required is started without a permit and to add
provisions relating to permit expirations and
refunds; amending Section 24.01.220 to require a
double check backflow preventer of all sprinkler
systems; and repealing Section 24.01.330, Detector
Meter. (3/18/13 - Indefinite Pending)
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 APRIL ARE THE 8TH AND THE
29TH BOTH MEETINGS BEGIN AT 5:30 P.M.
ADJOURNMENT 3:35 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.
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The City Council Agenda and Action Sheet may be accessed on the
Internet at:
lincoln.ne.gov