City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JUNE 21, 2010 AT 3:00 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO COUNCIL MEETING THE WEEK OF JULY 5
DUE TO HOLIDAY
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF MAY 2010 WAS
PRESENTED TO TERRY A. GUSTAFSON, LABOR SUPERVISORY I
FOR THE STREET MAINTENANCE OPERATION DIVISION
OF THE PUBLIC WORKS & UTILITIES DEPARTMENT
NOMINATED 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) 10R-134 Appointing Andrew Budell to the Board of Zoning
Appeals for a term expiring February 1, 2013.
(ADOPTED, 7-0; A-85894)
Attachment (25K)
2) 10R-135 Reappointing Karla Lester, Dr. Lisa Peterson and
Heidi Stark to the Lincoln-Lancaster County
Board of Health for three-year terms expiring
April 15, 2013. (ADOPTED, 7-0; A-85895)
3) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on June 7, 2010. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) THE FOLLOWING HAVE BEEN PLACED ON FILE IN THE
OFFICE OF THE CITY CLERK:
Administrative Amendment No. 10030 to
Special Permit No. 286I St. Elizabeth's Hospital
- Nebraska Surgery Center approved by the
Planning Director on June 8, 2010 requested by
Nebraska Surgery Center to amend the site plan
to show an approximate 1,900 square foot
addition to the Nebraska Surgery Center and to
revise the Land Use/Parking Table accordingly on
property generally located at S. 70th Street and
S. Wedgewood Drive.
Administrative Amendment No. 10031 to
Special Permit No. 277I Pine Lake Community Unit
Plan approved by the Planning Director on June
11, 2010 requested by Michael Poskochil to
adjust the front yard setback to 30 feet and the
side yard setback to 10 feet for the side yard
adjacent to the south lot line on property
generally located near 6725 Eastshore Drive.
5) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
6) Application of Famous Dave's Ribs-U Inc. dba
Famous Dave's for a special designated liquor
license for an area measuring approximately 240
feet by 260 feet in the parking lot to the east
of Famous Dave's at 2750 Pine Lake Road on July
24, 2010 from 4:00 p.m. to 10:30 p.m.
(ADOPTED FOR APPROVAL, 7-0; A-85896)
7) Application of Vincenzo's Inc. dba Vincenzo's
Ristorante to delete the courtyard area from the
licensed premises at 808 P Street.
(ADOPTED FOR APPROVAL, 6-0; CARROLL, COOK,
EMERY, HORNUNG, SNYDER, SPATZ ASSENTING;
CAMP ABSTAINING; A-85897)
8) Application of Vincenzo's Inc. dba Vincenzo's
Ristorante to expand its presently licensed
premises by the addition of a sidewalk cafe
measuring approximately 32 feet by 9 feet to the
south at 808 P Street. (ADOPTED FOR APPROVAL, 6-0;
CARROLL, COOK, EMERY, HORNUNG, SNYDER, SPATZ ASSENTING;
CAMP ABSTAINING; A-85898)
9) Application of Top Spin LLC dba Tavern on the
Square for a Class CK liquor license at 816 P
Street. (ADOPTED FOR APPROVAL, 6-0; CARROLL,
COOK, EMERY, HORNUNG, SNYDER, SPATZ ASSENTING;
CAMP ABSTAINING; A-85899)
10) Manager application of Matthew T. Taylor for Top
Spin LLC dba Tavern on the Square at 816 P
Street. (ADOPTED FOR APPROVAL, 6-0; CARROLL,
COOK, EMERY, HORNUNG, SNYDER, SPATZ ASSENTING;
CAMP ABSTAINING; A-85900)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 11
THRU 17 HAD 2ND READING)
11) 10-58 Authorizing the issuance of not to exceed
$22,500,000 principal amount of the City of
Lincoln general obligation bond
anticipation notes and $27,500,000 of the
City of Lincoln general obligation tax
anticipation notes. (P.H. con't. 1 week
to 6/14/10, w/Action 6/21/10) (P.H. con't
add'l week to 6/21/10 w/Action 6/28/10)
Motion To Amend (170K)
12) 10-68 Authorizing the issuance of Series A and
Series B tax allocation bonds with a total
not to exceed $2.494 million for the City
of Lincoln, Haymarket Hotel and Tool House
Redevelopment Project. (Related Items:
10-68, 10R-138, 10R-139) (Action Date:
6/28/10)
13) 10R-138 Approving an amendment to the FY 09/10 CIP to
authorize and appropriate $2.494 million in TIF
funds for the Haymarket Hotel and Tool House
Redevelopment Project generally located between
8th and 9th, Q and R Streets. (Related Items:
10-68, 10R-138, 10R-139) (Action Date:
6/28/10)
Fact Sheet (28K)
14) 10R-139 Approving the Haymarket Hotel and Tool House
Redevelopment Agreement between B&J Partnership,
Ltd. and the City relating to the redevelopment
of property generally located between 8th and
9th, Q and R Streets. (Related Items: 10-68,
10R-138, 10R-139) (Action Date: 6/28/10)
Fact Sheet (28K)
Attachment (2830K)
15) 10-69 Change of Zone 10011 - Amending Chapter
27.69 of the Lincoln Municipal Code
relating to Signs by amending Section
27.69.020 to delete the definition of
Pedestrian Marquee Sign; amending Section
27.69.030 to amend the general provisions
to provide that for Center signs permitted
on a "per frontage" basis, frontage shall
mean the frontage of the Center adjacent to
an arterial or collector street; and to
delete the general provision regarding
pedestrian marquee signs; amending Section
27.69.220 to add an exception to the
requirement that a complex or subdivision
freestanding sign abutting a residential
zoned lot may not be illuminated unless
located at least 100 feet from an abutting
residential zoned lot if the abutting
residential zoned lot is used for another
multi-family use or a special permitted
use; and amending Section 27.69.340 to
eliminate restrictions regarding height and
illumination of freestanding signs used for
office and retail uses.
Fact Sheet (18K)
16) 10-70 Change of Zone 10012 - Amending Chapter
27.63 of the Lincoln Municipal Code
relating to Special Permits by amending
Section 27.63.680 and 27.63.685 regarding
the sale of alcoholic beverages for
consumption on and off the premises,
respectively, to add a requirement that the
licensed premises must be located no closer
than 100 feet from the property line of a
premises which is occupied in whole or part
by a first-floor residential use and to
clarify that the required 100-foot
separation from a day care facility, park,
church, or state mental institution is
measured from the licensed premises to the
property line of the premises used for the
day care facility, park, church, or state
mental health institution.
Fact Sheet (208K)
17) 10-71 Change of Zone 10013 - Amending Title 27 of
the Lincoln Municipal Code by amending
Chapter 27.03, Definitions, to add a new
Section numbered 27.03.162 to provide a
definition for data center and amending
Section 27.67.040 to establish parking
requirements for data centers.
Fact Sheet (17K)
PUBLIC HEARING - RESOLUTIONS
18) 10R-124C Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of May 1 - 15,
2010. (6/7/10 - Claim of Dale Gardner P.H.
con't. 2 wks. to 6/21/10) (ADOPTED, 7-0; A-85901)
Fact Sheet (14K)
Attachment (22K)
19) 10R-136 Approving a Contract Agreement between the City,
Lancaster County, the Lincoln Lancaster County
Public Building Commission and G&M Window
Service, LLC for the annual requirements for
window cleaning, pursuant to Bid No. 10-041, for
a four-year term. (ADOPTED, 7-0; A-85902)
Fact Sheet (46K)
Attachment (1613K)
20) 10R-142 Approving a Contract Agreement between the City
of Lincoln and Parker Ag Services, LLC for
Liquid Injection of Biosolids, pursuant to Bid
No. 10-056, for a two-year term with the option
for one additional two-year term.
(ADOPTED, 7-0; A-85903)
Fact Sheet (50K)
Attachment (1137K)
21) 10R-137 Approving an agreement between the City on
behalf of the Lincoln-Lancaster County Health
Department and the University of Nebraska for
practicum or shadowing experiences for students
in methods of Working with Infants in Programs
and Communities, the Dietetic Internship Program
and Early Childhood Special Education Programs,
for a two year term from July 1, 2010 through
June 30, 2012. (ADOPTED, 7-0; A-85904)
Fact Sheet (40K)
Attachment (254K)
22) 10R-140 Special Permit 07044A - Application of First
Presbyterian Church to allow parking in the
front yard of a parking lot in a residential
district generally located at South 18th Street
and F Street. (ADOPTED, 7-0; A-85905)
Fact Sheet (1100K)
23) 10R-141 Special Permit 10023 - Application of 3 Amigos
Properties, LLC to allow a parking lot in a
residential district with adjustments to allow
parking in the front yard on property generally
located northwest of the intersection of South
52nd Street and N Street. (ADOPTED, 7-0; A-85906)
Fact Sheet (857K)
24) 10R-131 Approving the City of Lincoln Redevelopment
Agreement (Little Saigon Redevelopment Project)
between the City and Hung T. Nguyen and Thuy
Nguyen for the redevelopment of property
generally located at 2640 W Street as
commercial/retail space. (Introduction
Delayed to 6/14/10) (ADOPTED, 7-0; A-85907)
Fact Sheet (83K)
Attachment (521K)
Attachment (62K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 25
THRU 28 HAD 1ST READING)
25) 10-72 Amending Title 3 of the Lincoln Municipal
Code relating to Revenue and Finance by
adding a new Chapter 3.28 to provide for
the levy of a hotel occupation tax; to
establish definitions; to provide for
administration, collections, returns,
delinquencies and recovery of unpaid
amounts related to the tax; to determine
how tax revenue will be used; and to
provide a sunset provision for the tax.
Fact Sheet (18K)
26) 10-73 Amending Title 3 of the Lincoln Municipal
Code relating to Revenue and Finance by
adding a new Chapter 3.26 to provide for
the levy of a car rental occupation tax; to
establish definitions; to provide for
administration, collections, returns,
delinquencies and recovery of unpaid
amounts related to the tax; to determine
how tax revenue will be used; and to
provide a sunset provision for the tax.
Fact Sheet (18K)
27) 10-74 Amending Title 3 of the Lincoln Municipal
Code relating to Revenue and Finance by
adding a new Chapter 3.30 to provide for
the levy of a restaurant occupation tax; to
establish definitions; to provide for
administration, collections, returns,
delinquencies and recovery of unpaid
amounts related to the tax; to determine
how tax revenue will be used; and to
provide a sunset provision for the tax.
Fact Sheet (18K)
28) 10-75 Amending Chapter 3.24 of the Lincoln
Municipal Code relating to Occupation Taxes
by amending Section 3.24.080,
Telecommunication Occupation Tax, to define
in more detail that the telecommunication
occupation tax applies to all
telecommunication services, including the
provision of equipment, and to make the
occupation tax applicable to all businesses
selling telecommunication equipment;
amending Section 3.24.090 to provide when
the telecommunication occupation tax from
all businesses are due and to authorize the
quarterly compounding of interest for late payments;
amending Section 3.24.100 to require monthly
statements be submitted by all businesses paying
the occupation tax and to provide for audits and
access to records; and amending Section 3.24.160
to eliminate the requirement that the City
Treasurer direct the City Attorney to bring suit
for unpaid taxes.
Fact Sheet (17K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
29) 10-57 Authorizing the City of Lincoln to enter
into a lease-purchase transaction with
Union Bank and Trust Company for the
acquisition of street lighting equipment
and ambulances and related matters.
(6/14/10 - Action delayed 1 wk to 6/21/10)
(MTA #1 TO ACCEPT THE SUBSTITUTE ORDINANCE
ADOPTED, 7-0; PASSED AS AMENDED, 6-1; CARROLL,
COOK, EMERY, HORNUNG, SNYDER, SPATZ ASSENTING;
CAMP DISSENTING; #19396)
Motion To Amend (251K)
30) 10-56 Approving a Sublease Agreement between the
City and Experience Works at the One Stop
Center at 1010 N Street for providing job
training and employment services under the
Workforce Investment Act for a one-year
term from April 1, 2010 through March 31,
2011. (PASSED, 7-0; #19397)
Fact Sheet (38K)
31) 10-64 Amending Section 5.04.130 of the Lincoln
Municipal Code to amend the provisions
restricting retail liquor sales on Sunday
to allow retail sales of all liquor both on
and off sale between the hours of 6:00 a.m.
and 12:00 noon on Sunday, July 4, 2010.
(WITHDRAWN, 7-0; #38-4602)
Fact Sheet (40K)
32) 10-60 Vacation 10001 - Vacating North 21st Street
from the north line of Vine Street to the
south line of previously vacated North 21st
Street. (PASSED, 7-0; #19398)
Fact Sheet (624K)
33) 10-61 Vacation 10005 - Vacating a portion of the
North 14th Street right-of-way generally
located at the southeast corner of North
14th Street and Salt Creek Roadway.
(PASSED, 7-0; #19399)
Fact Sheet (725K)
34) 10-62 Vacation 09007 - Vacating various rights-
of-way in Antelope Valley located generally
in the area of North 14th and Court
Streets; North 16th and Y Streets; and
North 12th and Charleston Streets.
(PASSED, 7-0; #19400)
Fact Sheet (2885K)
35) 10-66 Street Name Change 10001 - Naming and
re-naming portions of realigned South 1st
Street, West Denton Road, and Amaranth Lane
as West Denton Road, Schmidt Drive, Schmidt
Place, Schmidt Court, West Amaranth Lane
and South 1st Street. (PASSED, 7-0; #19401)
Fact Sheet (896K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
36) 05-188 Change of Zone 3413 - Application of Landon's
Neighborhood Assoc. for a change of zone from
R-4 Residential to R-2 Residential on property
generally located at N. 24th and Superior
Streets. (12/19/05 - Placed on Pending
Indefinitely)
Fact Sheet (1465K)
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 (13K)
38) 07-58 Change of Zone 07010 - Application of Steve
M. Champoux for a change of zone from AG
Agricultural District to AGR Agricultural
Residential District on property generally
located at 134th and A Streets. (Request
of applicant to continue P.H. to 5/7/07)
(4/16/07 - 2nd Reading & P.H. Con't. to
5/7/07 w/ Action 5/14/07) (Request to Delay
Action w/con't. P.H. to 7/23/07) (5/14/07 -
Action Delayed w/con't. P.H. to 7/23/07)
(Request to Place on Pending - No Date
Certain) (7/23/07 - Placed on Pending,
No Date Certain)
Fact Sheet (1439K)
39) 09-20B Annexation No. 08016 - Amending the Lincoln
Corporate Limits Map by annexing approximately
106 acres north of Interstate 80 on both sides
of NW 48th Street. (3/2/09 - Placed on
Pending Indefinitely)
Fact Sheet (220K)
Attachment (296K)
40) 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)
41) 10-4 Change of Zone 08075 - Application of
Waterford Estates, LLC, for a change of
zone from AG Agricultural District to B-2
Planned Neighborhood Business District on
property generally located at North 98th
Street and O Street. (Related Items 10-4,
10R-26) (Request to place on Indefinite
Pending) (1/11/10 - Placed on Indefinite
Pending & to have P.H. when removed from
Pending)
Fact Sheet (647K)
42) 10R-26 Use Permit 08003 - Application of Waterford
Estates, LLC, to develop 250,000 sq. ft. of
commercial floor area on property generally
located at North 98th Street and O Street.
(Related Items 10-4, 10R-26) (Action Date:
2/1/10) (Request to place on Indefinite Pending)
(1/11/10 - Placed on Indefinite Pending & to
have P.H. when removed from Pending)
43) Hearing date of Monday, February 1, 2010,
requested by J. Michael Rierden on behalf of
Lincoln Federal Savings Bank and Stonebridge
Creek LLC appealing from the determination of
Impact Fees imposed on the property legally
described as Lots 39, 45, 46, 47, 49, 50 in
Section 25, Township 11 North, Range 6 East
generally located between Centurion Drive and
North 27th Street along both sides of Alvo Road,
Lancaster County, Nebraska. (9/14/09 -
Placed on Pending, Date Certain to have P.H. on
2/01/2010) (Request to place on Indefinite
Pending) (1/11/10 - Placed on Indefinite Pending
& to have P.H. when removed from Pending)
44) 10-8 Change of Zone 09003 - Application of
Yankee Hill Townhomes, LLC, for a change of
zone from AG Agricultural, R-3 Residential
and R-4 Residential to R-4 Residential
District Planned Unit Development for 84
townhomes, 348 apartments and 30,000 square
feet of commercial land uses, with waivers
to adjust the minimum average lot, the
minimum lot area, the front, side and rear
setbacks, and the 3:1 width to depth ratio,
on property generally located at South 84th
Street and Yankee Hill Road. (Request to
place on Indefinite Pending & to have P.H.
when removed from Pending) (1/25/10 -
Placed on Indefinite Pending & to have P.H.
when removed from Pending)
Fact Sheet (693K)
45) 10-48 Approving the lease agreement between the
City and Erik Alm for the lease of office
space by Aging Partners for its Personal &
Family Services program at 1325 N. Chestnut
Street, Wahoo, NE 68066 for a term of July
1, 2010 through June 30, 2011. (5/24/10
- Placed on Indefinite Pending)
Fact Sheet (72K)
Attachment (69K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JUNE 28, 2010, AT 5:30 P.M.
(APPROVED, 7-0)
46) 10R-143 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,
2010.
Fact Sheet (14K)
Attachment (20K)
47) 10R-145 Approving the 2010 - 2012 Strategic Plan for
Community Development Strategies to be carried
out in Lincoln.
Fact Sheet (47K)
Attachment (352K)
Attachment (473K)
Attachment (57K)
48) 10R-146 Approving the Fiscal Year 2010 Action Plan: One
Year Use of Funds for HUD Entitlement Programs.
Fact Sheet (69K)
Attachment (297K)
49) 10R-147 Appointing Jason Christenson to the Audit
Advisory Board for a three-year term expiring
March 1, 2013.
Attachment (22K)
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. THE OPEN
MICROPHONE SESSIONS DURING THE MONTH OF JUNE ARE THE
14TH AND 28TH.
ADJOURNMENT 4:59 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
***