City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 22, 2013 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
THE MEETINGS OF APRIL 8TH AND 29TH BEGIN AT 5:30 P.M.
OPEN MICROPHONE SESSIONS WILL BE HELD ON EACH DATE
PROFESSOR GORDON SCHOLZ PRESENTED
COUNCIL MEMBER EUGENE CARROLL
WITH THE 2012 ELECTED OFFICIAL AWARD
FROM THE NEBRASKA PLANNING & ZONING ASSOCIATION
FOR PROMOTING SOUND PLANNING & ZONING
THE MAYOR'S ANNUAL AWARD OF EXCELLENCE FOR THE YEAR 2012
WAS PRESENTED TO BEAU WOLFE, PUBLIC INFORMATION SPECIALIST II
FOR THE CITIZEN INFORMATION CENTER OF THE MAYOR'S DEPARTMENT
IN THE CATEGORIES OF PUBLIC RELATIONS & PRODUCTIVITY
THE 2012 HONORABLE MENTION WAS PRESENTED TO
LINDA FLAHERTY, EMERGENCY SERVICE DISPATCHER II
FOR THE 911 COMMUNICATIONS DIVISION OF THE POLICE DEPARTMENT
IN THE CATEGORIES OF SAFETY & VALOR
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) Affidavit of Mailing for Board of Equalization -
South Street Business Improvement District.
(PLACED ON FILE)
2) Affidavit of Mailing for Board of Equalization -
North 27th Street Business Improvement District.
(PLACED ON FILE)
3) Affidavit of Mailing for Board of Equalization -
University Place Business Improvement District.
(PLACED ON FILE)
4) Affidavit of Mailing for Board of Equalization -
Havelock Business Improvement District.
(PLACED ON FILE)
5) Request of Public Works to set the Hearing Date of
Monday, May 6, 2013, at 3:00 p.m. & place on the
formal City Council Agenda the following:
13-57 Create & order constructed a 6" water
main in Dudley St. From 50th St. to 51st
St., and assess the cost thereof against
the benefitted properties. (APPROVED, 6-0)
6) Annual Report for the year 2012 prepared by City
Law Department dated April, 2013. (PLACED ON FILE)
7) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on April
8, 2013. (PLACED ON FILE)
8) Clerk's Letter and Mayor's Approval of Ordinance
Nos. 19867 & 19868 passed by the City Council on
April 15, 2013. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
9) Setting the hearing date of Monday, May 6, 2013 at
3:00 p.m. for the application of JSD, LLC dba
Huskerville Pizza & Pub for a Class C liquor
license located at 2805 NW 49th Street.
(ADOPTED, 6-0; A-87297)
10) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 13015 to
Special Permit No. 674, Coddington Heights
Community Unit Plan, approved by the Planning
Director on April 10, 2013 requested by Sinda Dux
to decrease the rear yard setback from 20 feet to
5 feet next to common open space on property
located at 2301 SW 18th Street.
11) REFERRALS TO THE PLANNING DEPARTMENT:
Change of Zone No. 13005 - App. of
BargnBarn to designate the Lincoln Air Force Base
(LAFB) Remote Facility as a Historic Landmark on
property generally located at NW 84th Street and
West Adams Street (6901 West Adams Street).
Special Permit No. 13013 - App. of
BargnBarn for historic preservation for use of a
landmark property as a commercial business on
property generally located at NW 84th Street and
West Adams Street.
Change of Zone No. 13007 - App. of William
and Marcia Thornton to designate the Conrad A.
Schaaf House as a Historic Landmark on property
generally located at South18th Street and H Street
(659 South 18th Street).
Special Permit No. 13015 - App. of William
and Marcia Thornton for historic preservation for
use of a landmark property as a neighborhood
meeting facility on property generally located at
South 18th Street and H Street (659 South 18th
Street).
12) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
13) Application of Wal-Mart Stores, Inc. dba Wal-Mart
Store #2432 for a Class D liquor license at 2501
Grainger Parkway. (ADOPTED FOR APPROVAL, 6-0;
A-87298)
14) Manager application of Alan A. Matulka for Wal-Mart
Stores, Inc. dba Wal-Mart Store #2432 at 2501
Grainger Parkway. (ADOPTED FOR APPROVAL, 6-0;
A-87299)
15) Application of Doan Trang T. Trinh dba House of
Hunan for a Class I liquor license at 5601 South
56th Street. (ADOPTED FOR APPROVAL, 6-0;
A-87300)
16) Application of Chatters LLC dba Rich Bar & Lounge
for a Class C liquor license at 1640 O Street,
Suite 3. (ADOPTED FOR APPROVAL, 6-0; A-87301)
17) Manager application of Lawrence J. Chatters for
Chatters LLC dba Rich Bar & Lounge at 1640 O
Street, Suite 3. (ADOPTED FOR APPROVAL, 6-0;
A-87302)
18) Application of Dempsey's Lincoln Inc. dba
Dempsey's Burger Pub for a Class C liquor license
at 228 North 12th Street. (ADOPTED FOR APPROVAL, 6-0;
A-87303)
19) Manager application of Paul R. Tuttle for
Dempsey's Lincoln Inc. dba Dempsey's Burger Pub at
228 North 12th Street. (ADOPTED FOR APPROVAL, 6-0;
A-87304)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 20
& 21 HAD 2ND READING)
20) 13-53 Creating and ordering constructed Paving
District No. 2632 generally in that
portion of 1st Street lying between P and Q
Streets and Q Street between 1st and 2nd
Street.
Fact Sheet (13K)
Attachment (3013K)
21) 13-54 Authorizing the issuance of City of Lincoln
tax allocation bonds for public improvements
and infrastructure in the Gateway Senior
Living Center Project.
Fact Sheet (14K)
PUBLIC HEARING - RESOLUTIONS
22) 13R-82 Approving the selection of Constructors Inc.
as lowest bidder and authorizing execution of the
construction contract between the City and the
Nebraska Dept. of Roads for the use of Federal
Transportation Program funds for Project No. HSIP-5254(8),
Superior Street and I-180 East Ramp Safety Project.
(ADOPTED, 6-0; A-87305)
Fact Sheet (13K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
23) 13-52 Amending the pay schedule for a certain
employee group whose classifications are
assigned to the pay range which is prefixed
by the letter "A" by changing the pay range
of the classification of "Systems Software
Integrator." (PASSED, 6-0; #19871)
Fact Sheet (80K)
RESOLUTION - FOR ACTION ONLY
24) 13R-79C 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.
(4/15/13 - Action Delayed to 4/22/13 on claim of
Linh Ba Nicolas Nguyen) (RULES SUSPENDED TO HAVE P.H. PRIOR
TO CONSENT AGENDA W/ACTION ON THIS DATE, 6-0; ADOPTED, 6-0;
A-87306)
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 25
& 26 HAD 1ST READING)
25) 13-55 Amending Title 5 of the Lincoln Municipal
Code relating to Licenses and Regulations by
adding a new Chapter 5.21, Entertainment
Districts, and amending Chapter 5.04,
Alcoholic Liquor, to regulate the sale,
service and consumption of alcoholic liquor
in commons areas.
Fact Sheet (8K)
26) 13-56 Amending Title 9 of the Lincoln Municipal
Code relating to Public Peace and Welfare to
add a new Chapter 9.30 entitled "Donation
Boxes" by adding Section 9.30.010 to set
forth definitions used in this chapter;
adding Section 9.30.020 to set forth the
Legislative Intent of the Council; adding
Section 9.30.030 to prohibit Donation Boxes
for other than charitable purposes; adding
Section 9.30.040 to provide for issuance of
Donation Box Permits; adding Section 9.30.050
to provide for enforcement of this chapter;
adding Section 9.30.060 to provide
exemptions for donation boxes on property
owned by a charitable organization; and
adding Section 9.30.070 to provide for
severability of the provisions of this
chapter.
Fact Sheet (12K)
RESOLUTIONS - 1ST READING (ITEMS 27 THRU 37 HAD 1ST READING)
27) 13R-83 Appointing Dr. Nathan Haecker to the Lincoln-
Lancaster County Board of Health for a term
expiring April 15, 2016.
Attachment (106K)
28) 13R-84 Reappointing Dr. Karla K. Lester and Dr. Heidi
Stark to the Lincoln-Lancaster County Board of
Health for terms expiring April 15, 2016.
29) 13R-85 Reappointing Ronald Geary to the Heating,
Ventilating & Cooling Examiners Board for a term
expiring April 4, 2016.
30) 13R-86 Reappointing Bob Ripley and Joe Tidball to the
Parks & Recreation Advisory Board for terms
expiring April 27, 2016.
31) 13R-87 Reappointing Cleome Mullison to the Parks &
Recreation Advisory Board for a term expiring June
1, 2014.
32) 13R-88 Appointing Annette McRoy to the Board of Zoning
Appeals for a term expiring February 1, 2018.
Attachment (98K)
33) 13R-89 Appointing Dave Johnson to the Building Code Board
of Appeals for a term expiring April 1, 2016.
Attachment (96K)
34) 13R-90 Reappointing Craig Gies to the Building Code Board
of Appeals for a term expiring April 1, 2016.
35) 13R-91 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of April 1-15,
2013.
Fact Sheet (7K)
Attachment (24K)
36) 13R-92 Approving an Interlocal Agreement between the City
of Lincoln and Lancaster County School District
001 to provide for maintenance and other
obligations for Heritage School located near the
Nature Center in Pioneers Park.
Fact Sheet (47K)
Attachment (339K)
37) 13R-93 Approving a Construction Engineering Services
Agreement between the City of Lincoln and the
Nebraska Dept. of Roads for the use of Federal
Highway Safety Improvement Program Funds for the
Superior Street and I-180 East Ramp Safety Project
(Project No. HSIP-5254(8); City Project No.
702620).
Fact Sheet (13K)
Attachment (2384K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
38) 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
39) 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)
40) 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)
41) 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)
42) 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)
43) 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 -
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 4:17 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