City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 12, 2010 AT 3:00 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE FOR JUNE, 2010 WAS AWARDED TO A
TEAM FROM THE STARTRAN DIVISION, COLIN CLARK AND TONI KENT,
IN THE CATEGORY OF CUSTOMER RELATIONS.
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-152 Appointing Arthur Parks to the Lincoln Electric
System Administrative Board for a term to expire
December 31, 2012. (ADOPTED, 7-0; A-85914)
Attachment (20K)
2) Report from City Treasurer of City Cash on hand
at the close of business May 31, 2010. (PLACED
ON FILE)
3) Report from City Treasurer of franchise tax for
the month of May, 2010 from Black Hills/Nebraska
Gas Utility Co., LLC. (PLACED ON FILE)
4) Report from City Treasurer of E911 surcharge for
April 2010: Charter Fiberlink - Nebraska, LLC;
May 2010: ACN Communication Services, AT&T
Communications of Midwest, Budget Prepay,
Comtel Telcom Assets, 8x8, Inc., Granite
Telecommunications, iNetworks Group, Inc., Level
3 Communications, Qwest Communications Company,
TWC Digital Phone, Vonage America. (PLACED ON
FILE)
5) Report from City Treasurer of Telecommunications
Occupation Tax for 1st Quarter 2010
(Amended): B & O Phone, Time Warner Cable
(Underpayment); January 2010
(Amended): Enhanced Communications Network,
Lightyear Network Solutions, Zone Telecom;
March 2010 (Amended): Norstan Network
Services; April 2010: ACN Communications
Services, Alltel Comm of NE, AT&T Comm. of
Midwest, Broadband Dynamics, Broadwing Comm.,
Business Telecom, Cellco Partnership, Cincinnati
Bell Any Distance, CTI Long Distance, Cricket,
Global Crossing, Globalstar USA, Granite, IBM
Global, Intellicall Operator Services, KDDI
America, McLeodUSA, Nebraska Technology &
Telecomm., Network Billing Systems, New Cingular
Wireless, New Edge Networks, Norstan, Omaha
Cellular, OnStar, Primus, Public Communications
Services, Qwest Comm., Sioux City MSA, Sprint
Comm. Co. LP, TCG Omaha, Telecorp Comm.,
TON Services, TracFone Wireless, Trans National,
TWC Digital Phone, USCOC of Greater Iowa, USCOC
of Nebraska/Kansas, Verizon Wireless, Virgin
Mobile USA, VoiceCom, Working Assets Funding
Service, WWC License, XO Communications
Services; May 2010: ATS Mobile Telephone,
BT Americas, D&D Comm., Enhanced, First
Communications, Globalcom, Grasshopper Group,
IBFA Acquisitions, i-wireless, Lightyear Network
Solutions, MCI, Nextel West Corp, Norlight Inc.,
NPCR, Norstan Network, NOS Comm., NOSVA, Novega
Venture Partners, SBC Long Distance, Sprint
Comm. Co. LP, Sprint Spectrum LP, 360networks,
Telecom Management, Total Holdings, Tri-M Comm.,
TSG Global, Unite Private Networks, Viaero
Wireless, Wholesale Carrier Services, Windstream
Nebraska, Yestel USA, Zone Telecom. (PLACED ON
FILE)
6) Lincoln Airport Authority Resolution No. 526
stating that no tax levy should be made for
airport purposes for the fiscal year beginning
July 1, 2010. (PLACED ON FILE)
7) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on June 21, 2010. (PLACED ON FILE)
8) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on June 28, 2010. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
9) Informal Paving Petition for Alley Paving
District for the alley behind property at 1329
Dawes Avenue submitted by Pete Troy, owner of
Troy's Automotive. (REFERRED TO PUBLIC WORKS ON
6/30/10)
10) THE FOLLOWING HAS BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Special Permit No. 10026 - Req. by Paul
and Arla Meyer for expansion of a nonconforming
use on property generally located at NW 48th
Street and W. Adams Street.
11) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA - PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 12 THRU 18 HAD 2ND READING)
12) 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)
13) 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)
14) 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)
15) 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)
16) 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)
17) 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)
Motion To Amend (6K)
18) 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)
PUBLIC HEARING - RESOLUTIONS
19) 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.
(ADOPTED, 7-0; A-85915)
Fact Sheet (52K)
Attachment (841K)
20) 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.(ADOPTED, 7-0; A-85916)
Fact Sheet (50K)
Attachment (1092K)
21) 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.
(ADOPTED, 7-0; A-85917)
Fact Sheet (49K)
Attachment (872K)
22) 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.
(ADOPTED, 7-0; A-85918)
Fact Sheet (998K)
23) 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.(ADOPTED, 7-0; A-85919)
Attachment (69K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 24 THRU 26 HAD 1ST READING)
24) 10-87 Approving the Facilities Agreement between
the City and the West Haymarket Joint
Public Agency and the issuance of not to
exceed $100,000,000.00 of the Agency's
General Obligation Facility Bonds, Series
2010.
25) 10-83 Authorizing the sale of surplus property
described as Lot 18, Block 3, East Park
Addition, also known as 2726 Dudley Street
to Cornhusker Bank.
Fact Sheet (1007K)
26) 10-86 Change of Zone 10007 - Application of Kent
Prior for a change of zone from AG
Agricultural District to AGR Agricultural
Residential District on property generally
located at North 98th Street and Holdrege
Street.
Fact Sheet (1039K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
27) 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.
(MTA #1 ADOPTED, 7-0; PASSED AS AMENDED,
7-0; #19407)
Fact Sheet (18K)
28) 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.
(MTA #1 ADOPTED, 7-0; PASSED AS AMENDED, 7-0;
#19408)
Fact Sheet (18K)
29) 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.
(MTA #1 ADOPTED, 7-0; PASSED AS AMENDED, 7-0; #19409)
Fact Sheet (18K)
30) 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. (ACTION DELAYED ONE
WEEK TO 7/19/10, 7-0)
Fact Sheet (17K)
Motion To Amend (8K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK; SEE ITEM 40)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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) (Request to
remove from Pending)(REMOVED FROM PENDING
FOR 1ST READING ON 7/19/10 W/PUBLIC HEARING ON
7/26/10, 7-0)
Fact Sheet (72K)
Attachment (69K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JULY 19, 2010, AT 3:00 P.M.
(APPROVED, 7-0)
41) 10R-161 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of June 16 - 30,
2010.
Fact Sheet (13K)
Attachment (20K)
42) 10R-158 Approving a PSSI CAD System Upgrade Agreement
between the City and Public Safety Systems
Incorporated for installing a PSSI Software
Upgrade System, procuring and installing the
computers/servers and associated equipment,
provide technical resources to prepare custom
programs and provide training and consulting
services in implementing the upgraded CAD
system.
Fact Sheet (516K)
Attachment (9447K)
43) 10R-153 Approving a Contract Agreement between the City
of Lincoln, Lancaster County and Industrial
Services, Inc. for the annual requirements for
dead animal removal services, pursuant to Bid
No. 10-110, for a three-year term with option to
renew for one additional three-year term.
Fact Sheet (653K)
Attachment (11532K)
44) 10R-159 Approving a Contract Agreement between the City
of Lincoln and OMB's Express Police Supply for
the annual requirements for Hi-Visibility
Parkas, pursuant to Bid No. 10-094, for a
two-year term with option to renew for one
additional two-year term.
Fact Sheet (510K)
Attachment (8104K)
45) 10R-163 Approving a Contract Agreement between the City
of Lincoln, Lancaster County, the Lincoln-
Lancaster County Public Building Commission and
Raynor Doors of Nebraska, Inc. for unit price
overhead door and accessory repair and
replacement, pursuant to Bid No. 10-034, for a
three-year term with option to renew for one
additional three-year term.
Fact Sheet (577K)
Attachment (6259K)
46) 10R-164 Approving the 2010-2011 Maintenance and
Management BID Budgets and Program of Work for
the Downtown Lincoln Association Program for
Fiscal Year 2010-11.
Fact Sheet (882K)
Attachment (3075K)
47) 10R-154 Approving Supplemental Agreement No. 3 between
the City and the State of Nebraska Department of
Roads for the use of Surface Transportation
Program funds for the Jamaica North Trail -
Phase 2.
Fact Sheet (541K)
Attachment (722K)
48) 10R-155 Approving an Agreement between the City and
Nebraska Department of Environmental Quality
regarding the implementation of the Section 319
Program entitled "Lincoln Clean Water Projects."
Fact Sheet (13K)
Attachment (7460K)
49) 10R-156 Approving an Agreement between the City on
behalf of the Lincoln-Lancaster County Health
Department and Consultants in Infectious Disease
LLC for medical consultation services for the
Health Department for a term of July 1, 2010
through June 30, 2013.
Fact Sheet (436K)
Attachment (6391K)
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 JULY ARE THE
12TH AND 26TH.
ADJOURNMENT 4:02 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
***