City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 29, 2013 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT COOK
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-83 Appointing Dr. Nathan Haecker to the Lincoln-
Lancaster County Board of Health for a term
expiring April 15, 2016. (ADOPTED, 6-0;
A-87307)
Attachment (106K)
2) 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.
(ADOPTED, 6-0; A-87308)
3) 13R-85 Reappointing Ronald Geary to the Heating,
Ventilating & Cooling Examiners Board for a term
expiring April 4, 2016. (ADOPTED, 6-0; A-87309)
4) 13R-86 Reappointing Bob Ripley and Joe Tidball to the
Parks & Recreation Advisory Board for terms
expiring April 27, 2016. (ADOPTED, 6-0; A-87310)
5) 13R-87 Reappointing Cleome Mullison to the Parks &
Recreation Advisory Board for a term expiring June
1, 2014. (ADOPTED, 6-0; A-87311)
6) 13R-88 Appointing Annette McRoy to the Board of Zoning
Appeals for a term expiring February 1, 2018.
(ADOPTED, 6-0; A-87312)
Attachment (98K)
7) 13R-89 Appointing Dave Johnson to the Building Code Board
of Appeals for a term expiring April 1, 2016.
(ADOPTED, 6-0; A-87313)
Attachment (96K)
8) 13R-90 Reappointing Craig Gies to the Building Code Board
of Appeals for a term expiring April 1, 2016.
(ADOPTED, 6-0; A-87314)
9) Approving the Assessment Resolution for Havelock
Maintenance Business Improvement District and
Assessing the Cost Against the Benefitted
Properties. (ADOPTED, 6-0; A-87315)
10) Approving the Assessment Resolution for North 27th
Street Maintenance Business Improvement District
and Assessing the Cost Against the Benefitted
Properties. (ADOPTED, 6-0; A-87316)
11) Approving the Assessment Resolution for South
Street Maintenance Business Improvement District
and Assessing the Cost Against the Benefitted
Properties. (MTA #1 ADOPTED, 6-0; ADOPTED AS
AMENDED, 6-0; A-87317)
12) Approving the Assessment Resolution for University
Place Maintenance Business Improvement District
and Assessing the Cost Against the Benefitted
Properties. (ADOPTED, 6-0; A-87318)
13) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on April
15, 2013. (PLACED ON FILE)
14) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on April
22, 2013. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
15) Setting the hearing date of Monday, May 13, 2013
at 3:00 p.m. for the application of Least of
These, LLC dba Sebastian's Table for a Class I
liquor license located at 126 N. 14th Street.
(ADOPTED, 6-0; A-87319)
16) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 17 & 18 HAD 2ND READING)
17) 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)
18) 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)
PUBLIC HEARING - RESOLUTIONS
19) 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. (MTA #1 ADOPTED, 6-0; ADOPTED AS AMENDED,
6-0; A-87320)
Fact Sheet (7K)
Attachment (24K)
20) 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. (ADOPTED, 6-0;
A-87321)
Fact Sheet (47K)
Attachment (339K)
21) 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). (ADOPTED, 6-0; A-87322)
Fact Sheet (13K)
Attachment (2384K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
22) 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. (PASSED, 6-0; #19872)
Fact Sheet (13K)
Attachment (3013K)
23) 13-54 Authorizing the issuance of City of Lincoln
tax allocation bonds for public improvements
and infrastructure in the Gateway Senior
Living Center Project. (PASSED, 6-0; #19873)
Fact Sheet (14K)
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 24 THRU 28 HAD 1ST READING)
24) 13-57 Creating Special Assessment Water District
No. 1204 for the purpose of constructing a
6-inch diameter water main in Dudley Street
from 50th Street to 51st Street, and
assessing the costs thereof against the
benefitted property.
Fact Sheet (12K)
Attachment (1304K)
25) 13-58 Annexation No. 12005 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 23 acres generally located at
South 70th Street and Countryview Road.
(Related Items: 13-58, 13-59)
Fact Sheet (1468K)
Attachment (491K)
26) 13-59 Change of Zone No. 12030 - Application of
Rokeby Holdings, LLC for a change of zone
from AG Agriculture District and R-3 Planned
Unit Development to R-3 Residential District
on property generally located at South 70th
Street and Countryview Road. (Related
Items: 13-58, 13-59)
Fact Sheet (1769K)
27) 13-60 Amending the pay schedule for a certain
employee group whose classification is
assigned to the pay range which is prefixed
by the letter "A" to correct the pay range
for the classification of "Impact Fee
Administrator."
Attachment (28K)
28) 13-61 Amending Section 2.35.035 of the Lincoln
Municipal Code to authorize emergency water
restrictions enacted by Executive Order and
allow the Director of Public Works and
Utilities to appoint Water Conservation
Officers; amending Section 8.44.030 of the
Lincoln Municipal Code (Use of Water Well;
When Permitted) to require private water well
owners comply with certain provisions of
emergency water restrictions; amending
Section 17.26.010 of the Lincoln Municipal
Code (Emergency Restrictions) to make any
persons who fail to follow duly enacted
emergency water restrictions subject to the
administrative penalties identified herein;
amending Chapter 17.26 of the Lincoln
Municipal Code relating to Emergency
Restrictions by adding a new section numbered
17.26.015 (Responsibility of Property Owner)
to make unlawful any violation of an
emergency water restriction and to establish
a rebutable presumption that property owners
are responsible for violations that occur on
property owned by them; adding a new section
numbered 17.26.040 (Water Conservation
Officer) to authorize the Director of Public
Works and Utilities to appoint, employ,
determine qualifications and authorize
citation authority for Water Conservation
Officers; adding a new section numbered
17.26.045 (Payment of Fines and Costs;
Administrative Hearing Process; Appeal) to
establish fines and administrative costs
for the violation of emergency water
restrictions; to establish an administrative
process for the handling, processing and
conduct of hearings and for appeals of
violation of emergency water restrictions;
and adding a new section numbered 17.26.047
(Emergency Water Restriction Fines and Costs;
Rules; Collect and Account for Money) to
address the collection and accounting of
monies collected for violations of emergency
water restrictions.
Fact Sheet (15K)
RESOLUTIONS - 1ST READING (ITEM 29 HAD 1ST READING)
29) 13R-94 Approving a Contract Agreement between the City of
Lincoln and Wesco Distribution, Inc. for the
annual requirements to supply and deliver
Electrical Supplies, pursuant to State of Nebraska
Contract No. 13478, for a three year term with the
option to renew for two additional one year terms.
Fact Sheet (143K)
Attachment (3635K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (SEE ITEM #35)
30) 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
31) 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)
32) 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)
33) 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)
34) 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)
35) 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) (REMOVED FROM
PENDING TO HAVE 1ST READING ON 05/06/13, 6-0)
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 7:39 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