City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JUNE 28, 2010 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT CARROLL
THERE WILL BE NO COUNCIL MEETING THE WEEK OF JULY 5
DUE TO HOLIDAY
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-147 Appointing Jason Christenson to the Audit
Advisory Board for a three-year term expiring
March 1, 2013. (ADOPTED, 6-0; A-85908)
Attachment (22K)
2) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on June 14, 2010. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
NONE
3) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 4
THRU 7 HAD 2ND HEARING)
4) 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)
5) 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)
6) 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)
7) 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)
PUBLIC HEARING - RESOLUTIONS
8) 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. (MTA #1 ADOPTED, 6-0; ADOPTED AS
AMENDED, 6-0; A-85909)
Fact Sheet (14K)
Attachment (20K)
Motion To Amend (6K)
9) 10R-145 Approving the 2010 - 2012 Strategic Plan for
Community Development Strategies to be carried
out in Lincoln. (ADOPTED, 6-0; A-85910)
Fact Sheet (47K)
Attachment (352K)
Attachment (473K)
Attachment (57K)
10) 10R-146 Approving the Fiscal Year 2010 Action Plan: One
Year Use of Funds for HUD Entitlement Programs.
(ADOPTED, 6-0; A-85911)
Fact Sheet (69K)
Attachment (297K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 11
THRU 17 HAD 1ST READING)
11) 10-82 Approving a lease agreement between the
City and First United Methodist
Church/Waverly for the lease of space by
Aging Partners for its Senior Center
Program at 14410 Folkestone Street,
Waverly, Nebraska from September 1, 2010 to
August 31, 2011.
Fact Sheet (87K)
Attachment (58K)
12) 10-76 Change of Zone 10014 - Application of Hoog
Gebouw LLC for a change of zone from B-2
Planned Neighborhood Business District to
B-2 Planned Unit Development, on property
generally located at N. 84th Street and
Holdrege Street for a Planned Unit
Development District designation of said
property which allows residential and
approximately 176,000 square feet of
commercial floor area including an 86 room
hotel in the underlying B-2 zoned area.
Fact Sheet (1046K)
13) 10-77 Amending Chapter 6.02 of the Lincoln
Municipal Code relating to Animals,
Definitions, by amending Section 6.02.030
to include "fowl" in the definition of
"animal"; amending Section 6.02.130 to
amend the definition of "Chief Animal
Control Officer" to provide that said
individual shall have the responsibility
and authority for enforcing all provisions
of Title 6 of the Lincoln Municipal Code;
amending Section 6.02.160 to more fully
define "dangerous dog"; adding a new
section numbered 6.02.365 to provide a
definition for "medical treatment";
amending Section 6.02.450 to more fully
define "potentially dangerous dog";
amending Section 6.02.490, "Run at Large,"
to provide that invisible fencing shall not
be considered a fence; adding a new section
numbered 6.02.495 to provide a definition
for "service animal"; repealing Sections
6.02.500 and 6.02.560, the definitions of
"severe injury" and "wound", respectively,
in their entirety.
Fact Sheet (42K)
14) 10-78 Amending Chapter 6.04 of the Lincoln
Municipal Code relating to Animal Control
Regulations - Generally, by amending
Section 6.04.020 to include wild animals
and to grant the Director authority to
impound the animal or order the owner to
remove or destroy the animal; adding a new
section numbered 6.04.025 to provide an
exemption from licensing fees for service
animals; amending Section 6.04.120 to amend
the prohibition against animals running at
large; amending Section 6.04.130 to define
the Director's authority to impound and
release animals in violation of Title 6 of
the Lincoln Municipal Code; amending
Section 6.04.140 to remove references to
"fowl" and to expand the section to cover
all of Title 6 of the Lincoln Municipal
Code; amending Section 6.04.150 to outline
the requirements that an owner of an
impounded animal must meet before releasing
said animal; amending Section 6.04.260 to
increase the minimum depth at which dead
animals must be buried; amending Section
6.04.315 to increase the Director's
authority to inspect, care for, and impound
animals showing signs of abuse or neglect;
adding a new section numbered 6.04.355 to make
it unlawful for the owner of any animal to allow
said animal to kill, bite, or attack any human
being or domestic animal; to amend Section
6.04.360 to change language associated with
declaring an animal vicious; amending Section
6.04.400 to make it unlawful to provide false
information to the Director or an Animal Control
Officer regarding an animal; amending Section
6.04.435 to repeal the specific penalty
provisions of this section; adding a new section
numbered 6.04.437 to create a definition and
process for declaring that someone is an
"Irresponsible Animal Owner"; amending Section
6.04.440 to change the general penalty
provisions for Chapter 6.04 of the Lincoln
Municipal Code.
Fact Sheet (45K)
15) 10-79 Amending Chapter 6.08 of the Lincoln
Municipal Code relating to Dogs by amending
Section 6.08.020 and 6.08.030 to remove the
specific penalty provisions for these
sections; amending Section 6.08.060 to
increase the license fee for all dogs to
$50.00; repealing Section 6.08.065 related
to requirements to qualify as a service dog
and license exemption; repealing Sections
6.08.090 (Revocation of License), 6.08.130
(Dogs Running at Large), 6.08.160 (Barking,
Howling or Yelping Dogs), 6.08.250 (Holding
Impounded Dogs), 6.08.260 (Shelter Fee;
Release from Shelter), and 6.08.280
(Impounding Time Limit) in their entirety
as said provisions are cumulative with
other sections of Title 6 of the Lincoln
Municipal Code; amending Section 6.08.350
to change the minimum penalties for
violations of the provisions of Chapter
6.08 of the Lincoln Municipal Code.
Fact Sheet (53K)
16) 10-80 Amending Chapter 6.10 of the Lincoln
Municipal Code relating to Dangerous and
Potentially Dangerous Dogs by amending
Section 6.10.030 to clarify language
related to declaring a dog dangerous or
potentially dangerous; adding a new section
numbered 6.10.035 to define the duties of
an owner of a dog declared dangerous or
potentially dangerous; amending Section
6.10.040 to require that owners of
potentially dangerous dogs register their
dogs in the same manner required of the
owners of dangerous dogs and to require
written confirmation from a veterinarian
that a dangerous or potentially dangerous
dog is microchipped; adding a new section
numbered 6.10.045 to make it unlawful to
remove any marking used for identification
from a dangerous or potentially dangerous
dog; repealing Section 6.10.050 relating
to the registration requirements for
potentially dangerous dogs; adding a new
section numbered 6.10.055 to prohibit
persons from keeping a dog within the
corporate limits of the City of Lincoln
that was previously declared potentially
dangerous or dangerous by another animal
control authority; amending Section
6.10.060 to change the requirements related
to the confinement of dangerous dogs;
amending Section 6.10.070 to require that
potentially dangerous dogs be secured by a
leash and muzzled when such dog is
beyond its owner's property; amending Section
6.10.090 to change the provisions related to
when dangerous and potentially dangerous dogs
may be confiscated by an Animal Control Officer;
adding a new section numbered 6.10.095 to
prohibit any person owning a dangerous dog who
is convicted of violating Title 6 of the Lincoln
Municipal Code from owning another dangerous dog
for a period of ten years; amending Section
6.10.110 to clarify language related to
appealing a declaration that a dog is
potentially dangerous or dangerous; amending
Section 6.10.120 to increase the minimum
penalties for violations of Chapter 6.10 of the
Lincoln Municipal Code.
Fact Sheet (39K)
17) 10-81 Amending Chapter 6.12 of the Lincoln
Municipal Code relating to Cats by amending
Section 6.12.020 to remove the specific
penalty provisions for this section;
amending Section 6.12.030 to remove the
specific penalty provisions for this
section; amending Section 6.12.120 to
increase license fees for cats; repealing
Section 6.12.210, Holding Impounded Cats;
repealing Section 6.12.220, Shelter Fee,
Release from Shelter; repealing Section
6.12.250, Impounding Time Limit; amending
Section 6.12.290 to increase the minimum
penalty provisions set for violations of
Chapter 6.12 of the Lincoln Municipal Code.
Fact Sheet (38K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
18) 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)
(MTA #1 TO ACCEPT THE SUBSTITUTE ORDINANCE
ADOPTED, 6-0; PASSED AS AMENDED, 6-0; #19402)
Motion To Amend (170K)
19) 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) (PASSED, 6-0; #19403)
20) 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) (ADOPTED, 6-0; A-85912)
Fact Sheet (28K)
21) 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)
(MTA #1 ADOPTED, 6-0; ADOPTED AS AMENDED, 6-0;
A-85913)
Fact Sheet (28K)
Attachment (2830K)
22) 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.
(PASSED, 6-0; #19404)
Fact Sheet (18K)
23) 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.
(PASSED, 6-0; #19405)
Fact Sheet (208K)
24) 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.
(PASSED, 6-0; #19406)
Fact Sheet (17K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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, JULY 12, 2010, AT 3:00 P.M.
(APPROVED, 6-0)
35) 10R-144 Approving a Contract Agreement between the City
and Mc2, Inc. for the annual supply of Moyno
Pumps and Parts for a four-year term.
Fact Sheet (52K)
Attachment (841K)
36) 10R-148 Approving a multi-year contract between Blue
Rock Construction Services, LLC and the City of
Lincoln for Graffiti Removal (Quote 3014) for a
four-year term.
Fact Sheet (50K)
Attachment (1092K)
37) 10R-149 Approving a multi-year contract between the City
of Lincoln, Lancaster County and All Road
Barricades, Inc. for Traffic Control Rental
Devices (Quote 3003) for a four-year term.
Fact Sheet (49K)
Attachment (872K)
38) 10R-150 Pre-Existing Use Permit No. 13D - Application of
Hoppe Hall, Inc. to reduce the number of
required parking stalls on property generally
located at South 48th Street and Briarpark
Drive.
Fact Sheet (998K)
39) 10R-151 Approving an Amendment to Interlocal Agreement
between the City and County to compensate the
County for the additional costs incurred to
provide office services to the City Council
because of the vacancy in the City Council
position of Excluded Senior Office Assistant
since February 3, 2010.
Attachment (69K)
40) 10R-152 Appointing Arthur Parks to the Lincoln Electric
System Administrative Board for a term to expire
December 31, 2012.
Attachment (20K)
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.
NOTE: THE OPEN MICROPHONE SESSIONS FOR THE MONTH OF JULY
ARE THE 12TH AND THE 26TH.
ADJOURNMENT 7:06 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.
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The City Council Agenda and Action Sheet may be accessed on the Internet at:
lincoln.ne.gov
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