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Formal Agenda


           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.





                              ***
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         at 5:30 p.m. on the last Monday of each month
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                 on 5 City-TV, Cable Channel 5.
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