City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 8, 2013 AT 5:30 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) 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)
(ADOPTED, 7-0; A-87282)
2) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
February 28, 2013. (ADOPTED, 7-0; A-87283)
3) Setting the hearing date of Monday, April 29, 2013
at 5:30 p.m. on the North 27th Street Maintenance
Improvement District, the University Place
Maintenance Improvement District, the South Street
Maintenance Improvement District and the Havelock
Street Maintenance Improvement District.
(APPROVED, 7-0)
4) Request of Public Works to set the hearing date of
Monday, April 22, 2013 at 3:00 p.m. and place on
the formal City Council Agenda the following:
13-53 To provide authority to create and order
constructed a paving district without
majority petition in 1st Street from P
to Q including the 1st and P Street
intersection and Q Street from 1st to
2nd Street and assess the cost thereof
against the benefitted properties.
(APPROVED, 7-0)
5) Report from City Treasurer of City Cash on Hand at
the close of business February 28, 2013.
(PLACED ON FILE)
6) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on March
25, 2013. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
7) Setting the hearing date of Monday, April 22, 2013
at 3:00 p.m. for the application of Wal-Mart
Stores, Inc. dba Walmart Store 2432 for a Class D
liquor license located at 2501 Grainger Parkway.
(ADOPTED, 7-0; A-87284)
8) Setting the hearing date of Monday, April 22, 2013
at 3:00 p.m. for the application of Dempsey's
Lincoln, Inc. dba Dempsey's Burger Pub for a Class
C liquor license located at 228 N. 12th Street,
Suite 100. (ADOPTED, 7-0; A-87285)
9) Setting the hearing date of Monday, April 22, 2013
at 3:00 p.m. for the application of Doantrang Thi
Trinh dba House of Hunan Restaurant for a Class I
liquor license located at 5601 S. 56th Street.
(ADOPTED, 7-0; A-87286)
10) Setting the hearing date of Monday, April 22, 2013
at 3:00 p.m. for the application of Chatters, LLC
dba Rich Bar & Lounge for a Class C liquor license
located at 1640 O Street, Suite 3.
(ADOPTED, 7-0; A-87287)
11) REFERRALS TO THE PLANNING DEPARTMENT:
Change of Zone No. 12030 - App. of Rokeby
Holdings LTD., from AG Agriculture District to R-3
Residential District on property generally located
at South 70th Street and Countryview Road.
Special Permit No. 12034 - App. of Rokeby
Holdings LTD., Grand View Estates Community Unit
Plan, with up to 174 dwelling units on property
generally located at South 70th Street and
Countryview Road.
12) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 13006 to Special
Permit No. 270 - Approved by the Planning
Director on March 26, 2013 requested by
Architectural Innovations to revise the layout of
the existing parking, eliminate one driveway onto
S. 50th Street and update the landscape plan on
property generally located on the northeast corner
of S. 50th Street and N Street.
Administrative Amendment No. 12069 to Special
Permit No. 1674 - Cheney Ridge Community Unit
Plan, approved by the Planning Director on April
1, 2013 requested by Southview, Inc. to revise the
apartment layout, to increase the maximum
apartment building height to 43 feet and to show
the original apartment lot divided into one lot
for the apartment complex and an outlot to be
owned and maintained by Lincoln Christian School
on property generally located on the northwest
corner of S. 84th Street and Cheney Ridge Road.
13) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 14
THRU 18 HAD 2ND READING)
14) 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)
15) 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)
16) 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)
17) 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)
18) 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)
PUBLIC HEARING - RESOLUTIONS
19) 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." (ADOPTED, 7-0; A-87288)
Fact Sheet (12K)
Attachment (722K)
20) 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." (ADOPTED, 7-0; A-87289)
Fact Sheet (12K)
Attachment (1177K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
21) 13-45 Vacation No. 13002 - Vacating Schmidt Drive
between W. Denton Road and South 1st Street.
(PASSED, 7-0; #19864)
Fact Sheet (1048K)
Attachment (514K)
22) 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. (PASSED, 7-0; #19865)
RESOLUTION - FOR ACTION ONLY
23) 13R-67C 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)
(ADOPTED, 7-0; A-87290)
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) (ITEM 24
HAD 1ST READING)
24) 13-52 Amending the pay schedule for a certain
employee group whose classifications are
sssigned to the pay range which is prefixed
by the letter "A" by changing the pay range
of the classification of "Systems Software
Integrator."
Fact Sheet (80K)
RESOLUTIONS - 1ST READING (ITEMS 25 THRU 27 HAD 1ST READING)
25) 13R-79 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of March 16 - 31,
2013.
Fact Sheet (10K)
Attachment (25K)
26) 13R-80 Approving Supplemental Agreement No. 1 between the
City of Lincoln and E&A Consulting Group for
additional design phase services for the South
56th Street, Shadow Pines Drive to Old Cheney Road
project, Project No. LCLC-5241(5), Control No.
13141.
Fact Sheet (16K)
Attachment (529K)
27) 13R-81 Approving the Contract for Construction Design
Services between the City of Lincoln and Olsson
Associates for engineering and related
professional services for the construction design
of storm drain improvements near 56th and Colfax
Streets.
Fact Sheet (12K)
Attachment (1218K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
28) 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
29) 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)
30) 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)
31) 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)
32) 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)
33) 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 the process for suspending or revoking
a certificate 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 - Placed on
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 6:14 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