City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 18, 2013 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
MAYOR'S AWARD OF EXCELLENCE
FOR THE MONTH OF FEBRUARY 2013 WAS PRESENTED TO
JOHN J. WEYERS, FIRE APPARATUS OPERATOR
FOR THE FIRE EMERGENCY SERVICES DIVISION
OF THE LINCOLN FIRE & RESCUE IN THE CATEGORIES OF
CUSTOMER RELATIONS, PRODUCTIVITY AND SAFETY
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-64 Reappointing Catherine Beecham and Berwyn Jones to
the Historic Preservation Commission for terms
expiring April 15, 2016. (ADOPTED, 6-0; A-87261)
2) 13R-65 Reappointing Jon Camp to the District Energy
Corporation for a term expiring December 31, 2014.
(ADOPTED, 6-0; A-87262)
3) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
January 31, 2013. (ADOPTED, 6-0; A-87263)
4) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on March
4, 2013. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
5) Setting the hearing date of Monday, April 1, 2013
at 3:00 p.m. for the application of WMJD, LLC dba
Single Barrel for an addition to its already
licensed premises by adding an outdoor area
approx. 32' by 109' located at 130 N. 10th
Street. (ADOPTED, 6-0; A-87264)
6) Setting the hearing date of Monday, April 1, 2013
at 3:00 p.m. for the application of Fraiche, Inc.
dba Chez Hay Catering for a Class IK liquor
license located at 210 N. 14th Street.
(ADOPTED, 6-0; A-87265)
7) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 12073 to
Special Permit 1947 approved by the Planning
Director on March 5, 2013 requested by Verizon
Wireless to replace the existing antennas located
inside the monopole and to erect an equipment
shelter on the roof of the commercial building
which will be of a color and finish to match the
building on property generally located on the
northeast corner of 33rd St. and O Street.
Administrative Amendment No. 12064 to
Special Permit 1999A, Wilderness Hills Community
Unit Plan, approved by the Planning Director on
March 6, 2013 requested by Sterling Group, Inc. to
show setbacks, grading, utilities and sidewalk
connections for the multifamily lot south of
Crescent Drive on property generally located at S.
33rd Street and Crescent Drive.
8) REFERRALS TO THE PLANNING DEPARTMENT:
CHANGE OF ZONE 13004 - Requested by TDP
Phase One, LLC 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 bounded by North 7th Street on the east,
R Street on the north, Canopy Street on the west
and Q Street on the south.
9) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
10) Application of Don E. Young II dba Capital Cigar
Company for a Class D liquor license at 333 North
Cotner Boulevard, Suite 6. (ADOPTED FOR APPROVAL, 6-0;
A-87266)
11) Application of Kit Menh Sam dba Shen Cafe for a
Class A liquor license at 3520 Village Drive,
Suite 100. (P.H. W/ACTION DELAYED ONE WEEK
TO 3/25/13, 6-0)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 12
& 13 HAD 2ND READING)
12) 13-39 Approving a Lease between the City of Lincoln
and Tanya A. Porter and Damian A. Porter for
the lease of approximately 3,850 square feet
at the southwest corner of the ground level
of the Centrum Parking Garage, generally
located at 1100 N Street, for use as a day
care facility for a five year term with an
option to renew the Lease for an additional
five year term.
Fact Sheet (126K)
Attachment (644K)
13) 13-40 Amending Chapter 4.16 of the Lincoln
Municipal Code relating to hospital board by
amending Section 4.16.007 to establish a
procedure for invading the corpus of the Fund
in the event of a public health emergency;
amending Section 4.16.010 of the Code to
clarify that ex officio members of the Board
of Trustees of the Community Health Endowment
shall be entitled to vote; removing the
prohibition that prevents the director of an
acute care hospital in Lincoln from serving
on the Board of Trustees and adding a
prohibition against elected officials serving
on the Board of Trustees; and providing that
members other than ex officio members may not
serve more than two successive terms on the
Board of Trustees, except for members who are
appointed to fill a vacancy on the Board;
amending Section 4.16.050 to remove language
that was only applicable to the original
appointment of the Board at its inception;
and amending 4.16.060 to change the title of
the executive director of the Community
Health Endowment to President/CEO.
Fact Sheet (15K)
Motion To Amend (21K)
PUBLIC HEARING - RESOLUTIONS
NONE
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
14) 13-32 Change of Zone 13003 - Application of Sigma
Alpha Epsilon Building Association for a
change of zone from R-7 Residential District
to R-7 Residential District with Landmark
Overlay, designating the Sigma Alpha Epsilon
Fraternity House as a Landmark, on property
generally located at 635 North 16th Street.
(PASSED, 6-0; #19853)
Fact Sheet (1885K)
Attachment (3616K)
15) 13-33 Vacation 12010 - Vacating the north 12 feet
of the Prescott Avenue right-of-way between
South 48th Street and South 52nd Street.
(PASSED, 6-0; #19854)
Fact Sheet (1197K)
16) 13-34 Approving the License Agreement for Parking
between the City of Lincoln and the Salvation
Army for the use of five parking spaces
within the Pentzer Park parking lot generally
located at North 27th Street and Potter
Street. (PASSED, 6-0; #19855)
Fact Sheet (92K)
Attachment (715K)
17) 13-35 Amending the pay schedule for a certain
employee group whose classifications are
assigned to the pay range which is prefixed
by the letter "M" by changing the
classification title of "Division Chief of
Maintenance" to "Division Chief of
Logistics." (PASSED, 6-0; #19856)
Fact Sheet (120K)
18) 13-36 Amending the pay schedule for a certain
employee groups whose classification is
assigned to the pay range which is prefixed
by the letter "M" by creating the
classifications of "Fiber Network and
Infrastructure Manager." (MTA #1 ADOPTED, 6-0;
PASSED AS AMENDED, 6-0; #19857)
Fact Sheet (113K)
Attachment (131K)
19) 13-37 Amending the pay schedule for a certain
employee group whose classification is
assigned to the pay range which is prefixed
by the letter "A" by creating the
classifications of "Impact Fee
Administrator." (PASSED, 6-0; #19858)
Fact Sheet (100K)
Attachment (99K)
20) 13-38 Approving the Lease Agreement between the
City of Lincoln and NebraskaLink Holdings,
LLC to occupy space in the City's Lincoln
Technology Improvement District conduit
system for a 20 year term.
(PASSED, 6-0; #19859)
Fact Sheet (12K)
Attachment (2000K)
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 21 THRU 23
HAD 1ST READING, SEE ITEM 21)
21) 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.
(PLACED ON INDEFINITE PENDING, 6-0)
Fact Sheet (95K)
22) 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)
Fact Sheet (5979K)
Attachment (477K)
23) 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)
(Action Date: 4/1/13)
Fact Sheet (5883K)
RESOLUTIONS - 1ST READING (ITEMS 24 THRU 29 HAD 1ST READING)
24) 13R-66 Appointing Scott Neal to the Aging Partners Area
Agency on Aging Areawide Advisory Council for a
term expiring July 1, 2016.
Attachment (72K)
25) 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.
Fact Sheet (10K)
Attachment (24K)
26) 13R-68 Approving an Agreement between the City of Lincoln
on behalf of the Lincoln-Lancaster County Health
Department and Union College for Union College's
Baccalaureate Registered public health nursing
students to receive field and clinical training at
the Health Department for a term of January 1,
2013 through December 31, 2015. (Request P.H.
on Consent Agenda of 3/25/13)
Fact Sheet (83K)
Attachment (707K)
27) 13R-69 Approving Supplemental Agreement No. 4 between the
City of Lincoln and the State of Nebraska
Department of Roads to remove the maximum federal
funding cap for the Jamaica North Trail Project -
Phase 2B Project No. ENH-55(160), Control No.
12879.
Fact Sheet (91K)
Attachment (122K)
28) 13R-70 Approving the labor contract between the City of
Lincoln and the Lincoln Firefighters Association,
Local No. 644, International Association of
Firefighters, for a period of August 16, 2012
through August 31, 2014.
Fact Sheet (107K)
Attachment (242K)
Attachment (245K)
29) 13R-71 Approving Supplemental Agreement No. 1 between the
City of Lincoln and the State of Nebraska
Department of Roads for Programming Agreement BM
1205 to revise the funding responsibilities of the
Federal Aid project for the Safety Project at
Superior Street and I-180 East Ramp, Project No.
HSIP-5254(8), Control No. 12928.
Fact Sheet (13K)
Attachment (65K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
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)
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)
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 MARCH ARE THE 11TH AND 25TH.
ADJOURNMENT 3:55 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.
****
The City Council Agenda and Action Sheet may be accessed on the
Internet at:
lincoln.ne.gov