
City of Lincoln
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City Council Office
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, JULY 1, 2013 AT 3:00 P.M. ALL MEMBERS PRESENT DUE TO THE HOLIDAY, THERE WILL BE NO CITY COUNCIL MEETING MON., JULY 8TH 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) Report of Settlement Agreement under Neb. Rev. Stat. §84-713 (Non-Tort Claims) (PLACED ON FILE) 2) Setting the hearing date of Monday, July 29, 2013, at 5:30 P.M. for Board of Equalization Meeting Special Assessment Group I. (APPROVED, 7-0) 3) Resolution approving the distribution of funds representing interest earnings on short-term investments of Idle Funds during the months ended March 31, April 30, May 31, 2013. (ADOPTED, 7-0; A-87397) 4) Report from the City Treasurer of City Cash on hand at the close of business May 31, 2013. (PLACED ON FILE) 5) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by the City Council on June 17, 2013. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 6) Setting the hearing date of Monday, July 15, 2013 at 3:00 p.m. for the application of Big Red Hotel II, LLC dba Hilton Garden Inn Hotel for a Class I liquor license located at 801 R Street. (ADOPTED, 7-0; A-87398) 7) Setting the hearing date of Monday, July 15th, 2013 at 3:00 p.m. for the application of Yin Family, LLC dba Hiro 88 for a Class C liquor license located at 601 R Street. (ADOPTED, 7-0; A-87399) 8) Setting the hearing date of Monday, July 15th, 2013 at 3:00 p.m. for the application of Yin Family, LLC dba Hiro 88 for an Entertainment District liquor license located at 601 R Street. (ADOPTED, 7-0; A-87400) 9) Setting the hearing date of Monday, July 22nd, 2013 at 3:00 p.m. for the application of Yard Investments, LLC dba The Gates for a Class C liquor license located at 300 Canopy Street, Suite 140. (ADOPTED, 7-0; A-87401) 10) Setting the hearing date of Monday, July 22nd, 2013 at 3:00 p.m. for the application of Yard Investments, LLC dba The Gates for an Entertainment District liquor license located at 300 Canopy Street, Suite 140. (ADOPTED, 7-0; A-87402) 11) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK: Administrative Amendment No. 13042 to Preliminary Plat No. 00014, North Creek Trade Center, approved by the Planning Director on June 18, 2013, requested by ESP, Inc., to reduce the 20 foot landscape easement to 10 feet adjacent to Interstate 80, and provide a landscape plan, for Lots 4 and 5, Block 2, on property generally located at N. 27th St. and Fletcher Ave. 12) MISCELLANEOUS REFERRALS - NONE - END CONSENT AGENDA - PUBLIC HEARING - LIQUOR RESOLUTIONS 13) Application of Seven Crowns Investment Group LLC dba Rodizio Grill for a Class I liquor license at 131 North 8th Street, Suite 130. (ADOPTED FOR APPROVAL, 7-0; A-87403) 14) Manager application of Scott A. Morgan for Seven Crowns Investment Group LLC dba Rodizio Grill at 131 North 8th Street, Suite 130. (ADOPTED FOR APPROVAL, 7-0; A-87404) 15) Application of Sweep Left LLC dba Sweep Left for a Class I liquor license at 815 O Street. (ADOPTED FOR APPROVAL, 7-0; A-87405) 16) Manager application of Mary Jones for Sweep Left LLC dba Sweep Left at 815 O Street. (ADOPTED FOR APPROVAL, 7-0; A-87406) 17) Application of Zoo Blues Inc. dba Zoo Bar for a Class C liquor license at 136 North 14th Street. (ADOPTED FOR APPROVAL, 7-0; A-87407) 18) Manager application of Peter H. Watters for Zoo Blues Inc. dba Zoo Bar at 136 North 14th Street. (ADOPTED FOR APPROVAL, 7-0; A-87408) 19) Application of Robin Oil Company dba Roc's Stop & Shop for a Class D liquor license at 1449 North 56th Street. (ADOPTED FOR APPROVAL, 7-0; A-87409) 20) Manager application of Larry E. Semin for Robin Oil Company dba Roc's Stop & Shop at 1449 North 56th Street. (ADOPTED FOR APPROVAL, 7-0; A-87410) PUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 21 THRU 24 HAD 2ND READING) (SEE ITEMS 23 & 24) 21) 13-73 Authorizing the issuance, sale and deliver of Antelope Village Redevelopment Project Tax Allocation Bonds of the City of Lincoln, Nebraska. Motion To Amend (141K) 22) 13-74 Amending Section 5.04.165 of the Lincoln Municipal Code relating to open alcoholic beverage containers in motor vehicles by adding a new subsection (c) to classify a violation of this section as an infraction and prescribing the penalty for violation of that section consistent with state statutes. Fact Sheet (45K) 23) 13-75 Approving an Agreement between the City of Lincoln and 1320 P LLC for a wall easement at 1320 P Street in conjunction with development of Civic Plaza, granting of a building restriction easement along the eastern boundary of the Civic Plaza, and providing an option for the development and operation of a sidewalk caf? in the southeastern area of the Civic Plaza. (Related Items: 13-75, 13R-139) (P.H. CON'T W/ACTION ON 07/22/13, 7-0) Fact Sheet (126K) Attachment (3173K) 24) 13R-139 Amending the first year (2012-2013) of the six year CIP to add the Civic Plaza Project generally located at 13th and P Streets to the Parks and Recreation Department list of capital improvement projects and approving the appropriation of $400,925 in TIF funds and $100,001 in Keno funds for the project. (Related Items: 13-75, 13R-139) (WITHDRAWN, 7-0; #38-4636) Fact Sheet (107K) PUBLIC HEARING - RESOLUTIONS 25) 13R-132 Amending the funding shown for Parks and Recreation CIP Project 660 Stevens Creek Park Site Acquisition by changing and increasing the appropriation from $1,000,000 of Other Financing to $1,157,400 of Advance Acquisition Funds and authorizing the Finance Director to increase appropriations for and approve the expenditure of $1,157,400 from within the Advance Acquisition Fund for the Project. (ADOPTED, 7-0; A-87411) Fact Sheet (128K) 26) 13R-133 Approving Overlord LLC dba Bunners as a Keno satellite site at 2785 South 17th Street. (ADOPTED, 7-0; A-87412) Fact Sheet (84K) 27) 13R-134 Approving the 2013 - 2017 Strategic Plan for Community Development Strategies to be carried out in Lincoln. (ADOPTED, 7-0; A-87413) Fact Sheet (45K) Attachment (2428K) 28) 13R-135 Approving the Fiscal Year 2013 Action Plan: One Year Use of funds for HUD Entitlement Programs. (ADOPTED, 7-0; A-87414) Fact Sheet (67K) Attachment (347K) 29) 13R-136 Authorizing the Mayor to execute a multi-year contract per City Ordinance when funding appropriations comes from more than one fiscal year CIP for the Prescott Avenue from 47th Street to 48th Street Paving Project, City Project No. 540616. (ADOPTED, 7-0; A-87415) Fact Sheet (11K) Attachment (2355K) 30) 13R-137 Approving a Contract Agreement between the City of Lincoln, Lancaster County, the Lincoln Lancaster County Public Building Commission and Graybar Electric Company for the annual requirements of Electrical Products, pursuant to County of Los Angeles, California Contract No. MA-IS-1340234-1, for a three year term. (ADOPTED, 7-0; A-87416) Fact Sheet (156K) Attachment (2501K) 31) 13R-138 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of June 1-15, 2013. (ADOPTED, 7-0; A-87417) Fact Sheet (7K) Attachment (23K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 32) 13-72 Change of Zone 13010 Application of John Hollingsworth and Cameron Townhomes for a change of zone from AGR Agriculture Residential District to R-3 Residential District, on property generally located at South 56th Street and Cumberland Drive. (6/10/13 - DELAYED TO 6/24/13 TO HAVE 2ND READING & PUBLIC HEARING) (PASSED, 7-0; #19890) Fact Sheet (484K) 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 33 HAD 1ST READING) 33) 13-77 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 title and pay range of the classification "Labor Supervisor II" to "District Supervisor." Fact Sheet (7K) Attachment (183K) RESOLUTIONS - 1ST READING (ITEMS 34 THRU 36 HAD 1ST READING) 34) 13R-140 Ordering Paving District No. 2631 constructed in Gladstone Street from 35th to 36th Streets and in 36th Street from Gladstone to Hartley Streets and assessing the cost thereof against the benefitted property. Fact Sheet (11K) Attachment (61K) 35) 13R-141 Reappointing Marthaellen Florence to the Library Board for a seven-year term expiring August 31, 2020. 36) 13R-142 Approving the renewal of an Agreement between the City on behalf of the Lincoln-Lancaster County Health Department and Consultants in Infectious Disease LLC for medical consultation services for the Health Department for a term of July 1, 2013 through June 30, 2016. Fact Sheet (96K) Attachment (1192K) PENDING LIST - DATE CERTAIN - NONE PENDING LIST (EXTENDED TWO WEEKS) 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) 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) 40) 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) Fact Sheet (17K) 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 SESSION FOR THE MONTH OF JULY WILL BE HELD ON JULY 15TH AND JULY 29TH ADJOURNMENT 4:24 P.M. UPCOMING HEARINGS Hearing date of Monday, July 15, 2013 at 3:00 p.m. for the Special Designated Liquor License Applications for UNL Home Football Saturdays. Hearing date of Monday, July 15, 2013 at 3:00 p.m. on the following: 13R-140 Authority to order Paving District 2631 constructed, being in Gladstone from 35th to 36th St. and in 36th St. from Gladstone to Hartley, and assess the cost thereof against the benefitted property. *** 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