InterLinc Home Page
lincoln.ne.gov
City of Lincoln
City of Lincoln
City Council Office

Formal Agenda


              ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                     MONDAY, MARCH 25, 2013 AT 5:30 P.M.

                            ALL MEMBERS PRESENT

                              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-66    Appointing Scott Neal to the Aging Partners Area
               Agency on Aging Areawide Advisory Council for a
               term expiring July 1, 2016. (ADOPTED, 7-0; A-87267)
               Attachment (72K)

 2)  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) (ADOPTED, 7-0; 
               A-87268) 
               Fact Sheet (83K)
               Attachment (707K)

 3)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on March
               11, 2013. (PLACED ON FILE)
 4)            Report of Settlement Agreement under Neb. Rev.
               State §84-713 (non tort claim). (PLACED ON
               FILE)

PETITIONS & COMMUNICATIONS

 5)            REFERRALS TO THE PLANNING DEPARTMENT:
               Special Permit No. 13012 - Requested by
               Nebraska Dining, LLC., for the authority to sell
               alcoholic beverages for consumption on the
               premises associated with a restaurant, on property
               legally described as a portion of Lot 3, Leming's
               Subdivision, located in the NE 1/4 of Section
               29-10-7, Lancaster County, Nebraska, generally
               located at S. 50th Street and O Street.

6)             PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Administrative Amendment No. 13011 to Special
               Permit No. 06001A, Grand Terrace Community Unit
               Plan, approved by the Planning Director on March
               12, 2013, requested by Starostka-Lewis, LLC, to
               modify Outlot C to show the detention cell
               relocated from the east end of the outlot to the
               west end, and to show the east ½ of the
               outlot as two residential lots at S. 78th
               St. and Boone Trail, which is generally located
               near S. 84th St. and Highway 2.
               Administrative Amendment No. 13014 to Pre-
               Existing Use Permit No. 13002, Lee's Chicken,
               approved by the Planning Director on March 18,
               2013, requested by Dennis Kann, to add a beer
               garden/outdoor dining area on to the existing
               building, on property generally located at the
               northeast corner of S. Coddington Ave. and W. Van
               Dorn St. 


 7)    MISCELLANEOUS REFERRALS - NONE

                  - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 8)            Application of Kit Menh Sam dba Shen
               Cafe for a Class A liquor license at
               3520 Village Drive, Suite 100. (P.H.
               & Action con't 1 wk to 3/25/13) (ADOPTED
               FOR APPROVAL, 7-0; A-87269)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 9 AND 10 HAD 2ND READING)

 9)  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)

10)  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)


PUBLIC HEARING - RESOLUTIONS

11)  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. (CLAIM OF DAVIDSON REMOVED FOR ACTION
               IN TWO WEEKS ON 04/08/13, 6-1; CAMP, COOK, EMERY,
               ESKRIDGE, HINKLEY, SCHIMEK ASSENTING; CARROLL 
               DISSENTING; ADOPTED, 7-0; A-87270) 
               Fact Sheet (10K)
               Attachment (24K)

12)   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. (ADOPTED,
               7-0; A-87271)
               Fact Sheet (91K)
               Attachment (122K)

13)  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. (ADOPTED, 7-0;
               A-87272)
               Fact Sheet (13K)
               Attachment (65K)

14)  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.  (ADOPTED, 7-0; A-87273)
               Fact Sheet (107K)
               Attachment (242K)
               Attachment (245K)


REQUEST FOR CONTINUED PUBLIC HEARING
ORDINANCE - 3RD READING

15)  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. 
               (COUNCIL RULES WAIVED TO HAVE P.H., 7-0; 
               MTA #2 ADOPTED, 7-0; MTA #3 ADOPTED, 
               7-0; MTA #4 ADOPTED, 7-0; PASSED AS AMENDED,
               7-0; #19860) 
               Fact Sheet (15K)
               Motion To Amend (21K)
               Motion To Amend (24K)
               Motion To Amend (22K)
               Motion To Amend (22K)


           - END PUBLIC HEARING -


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)

16)  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.  (MTA #1 ADOPTED, 7-0; 
               PASSED AS AMENDED, 7-0; #19861)
               Fact Sheet (126K)
               Attachment (644K)
               Motion To Amend (675K)


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 17 AND 18 HAD 1ST READING)

17)  13-45     Vacation No. 13002 - Vacating Schmidt Drive
               between W. Denton Road and South 1st Street.
               Fact Sheet (1048K)
               Attachment (514K)

18)  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.


RESOLUTIONS - 1ST READING (ITEMS 19 THRU 21 HAD 1ST READING)

19)  13R-72    Approving BBQ Luck LLC dba Luckie's Lounge & BBQ
               as a Keno satellite site at 5250 Cornhusker
               Highway.
               Fact Sheet (88K)

20)  13R-73    Approving Talexmo LLC dba Woodees Bar as a Keno
               satellite site at 2001 West O Street.
               Attachment (83K)

21)  13R-74    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of March 1 - 15,
               2013.
               Fact Sheet (10K)
               Attachment (23K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST (EXTENDED ONE WEEK)

22)  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

                                             
23)  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)

24)  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)

25)  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)

26)  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)

27)  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)
               Fact Sheet (95K)


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   6:52 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
                              

City Council
Meetings