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Formal Agenda


              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.



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