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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 28, 2002, AT 5:30 P.M.
PLEASE NOTE: CITY COUNCIL MEETING OF NOVEMBER 4, 2002
BEGINS AT 2:00 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Manager application of Terrance M. Carolan for The Lincoln Spaghetti
163K Works Inc dba "Lincoln Spaghetti Works" at 228 N. 12th Street.
(ADOPTED FOR APPROVAL, 7-0; A-81777)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 2 & 3 HAD 2ND READING)
2) 02-154 Change of Zone 71HP - Application of the Historic Preservation
Commission to designate the Sophy Teeters Nurses' Home located at
Bryan LGH West at 1650 Lake Street, as a landmark. (10/21/02 - To
continue P.H. to 10/28/02 and Action on 11/4/02) Fact Sheet (539K)
3) 02-157 Amending Title 6 of the Lincoln Municipal Code relating to animals
by adding a new Chapter 6.02 relating to Animal Control Definitions
which consolidates the definitions previously found in Chapters
6.04, 6.08, 6.10 and 6.12 and revises the definition of revised
definitions for "hobby kennel" or "catteries," "kennel," and
"fowls," and adds new definitions for "animal rescue organization,"
"animal shelter," "foster homes," "rooster," "commercial boarding
kennel," "commercial breeding kennel," "dog kennel," "indoor
housing facility," "multi-dog household," "multi-cat household,"
"outdoor housing facility," and "written consent"; and; by amending
Chapter 6.04 relating to animal control regulations in general to
prohibit roosters within the City of Lincoln, to regulate animal
rescue organizations, and to modify permit fee provisions; by
amending Chapter 6.08 relating to dogs to set minimum penalty
amounts for repetitive violations of licensing requirements, to
increase licensing fees for dogs, to require disposal of dog feces
or manure in a sanitary manner, to permit and regulate multi-dog
households, to permit and regulate commercial breeding kennels, and
to exempt commercial breeding kennels and multi-dog households from
the prohibition of maintaining a dog kennel; by amending Chapter
6.10 relating to dangerous dogs to allow the use of microchips for
marking such dogs and to set minimum penalties; by amending 6.12
relating to cats to set minimum penalties for repetitive violations
of licensing requirements, to place a limit on the number of cats
a person may own without a multi-cat household, cattery or hobby
kennel permit, to increase license fees for cats, to increase
license fees for catteries and hobby kennels, to permit and regulate
multi-cat households, to allow current cat owners or those who are
subsequently annexed into the City who own more than 15 cats to
retain all their cats until death or transfer of ownership of the
cat; in order to implement the recommendations of the Animal
Control Board.
PUBLIC HEARING - RESOLUTIONS
4) 02R-239 Approving the Amended Interlocal Agreement between the City and
County to update the original agreement and provide for the
continuance of service by the Communications Center for communi-
cation needs to the Lincoln Police Department, Lincoln Fire &
Rescue, Lancaster County Sheriff's Office and certain Fire/EMS
agencies with membership in the Lancaster County Mutal Aid
Association. Fact Sheet (54K), Attachment (70K)
(ADOPTED, 7-0; A-81778)
5) 02R-240 Appointing Jill Flagel to the StarTran Advisory Board for a
three-year term expiring October 20, 2005. Fact Sheet (159K)
(ADOPTED, 7-0; A-81779)
6) 02R-243 Approving and adopting the North 27th Street Corridor and Environs
Redevelopment Plan for the redevelopment of an area generally
bounded on the south by N Street, on the west by 23rd Street, on
the north by Leighton Avenue, and on the east by 31st Street.
Fact Sheet (293K)
(ADOPTED, 7-0; A-81780)
7) 02R-244 Special Permit 1976 - Application of Willard Giebenrath to develop
View Pointe North Community Unit Plan for 14 single family acreage
lots on property generally located at N. 70th Street and Waverly
Road. (In connection w/02R-245) Fact Sheet (725K)
(ACTION DELAYED FOR 3 WEEKS W/PUBLIC HEARING TO 11/18/02, 7-0)
8) 02R-245 Accepting and approving the preliminary plat of View Pointe North
for 14 lots and 5 outlots with waivers of the required street trees,
street lighting, landscape screens, sidewalks, cul-de-sac length,
storm water detention and block length, on property generally
located at N. 70th Street and Waverly Road. (In connection
w/02R-244) Fact Sheet (748K)
(ACTION DELAYED FOR 3 WEEKS W/PUBLIC HEARING TO 11/18/02, 7-0)
9) 02R-246 Accepting the report of new and pending claims against the City
and approving disposition of claims set forth therein for the
period of October 1 - 15, 2002. Fact Sheet (7K)
(AMENDED TO PAY 50% OF DIBBERT CLAIM, 4-3; COOK, MCROY, SENG
DISSENTING; ADOPTED, 7-0; A-81781)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
10) Formal Petition to Vacate Public Way the east-west alley, east of
16th Street between 2015 S. 16th St. & 2025 S. 16th St. up to
intersecting north-south alley south to Rose submitted by Jason
Conrad. (REFERRED TO LAW DEPT.)
11) MISCELLANEOUS REFERRALS
Setting Hearing Date of Monday, November 18, 2002 at 1:30 p.m.
for Man. App. of Steven D. Bartos for La Societe Des 40 Hommes
dba American Legion 3 located at 5630 P Street. (ADOPTED, 7-0;
A-81782)
Setting Hearing Date of Monday, November 18, 2002 at 1:30 p.m.
for App. of DLP, Inc. dba Tam O'Shanter for a Class "C" Liquor
License at 105 S. 25th St. (ADOPTED, 7-0; A-81783)
Setting Hearing Date of Monday, November 18, 2002 at 1:30 p.m. for
App. of American Business Initiatives, Inc. dba Eurasia Russian
Store for a Class "D" Liquor License at 809 P Street, Ste #102.
(ADOPTED, 7-0; A-81784)
Report from City Treasurer of Cash on Hand at the close of business
Sept. 30, 2002. (PLACED ON FILE)
Investment of Funds for Oct. 14 thru Oct. 18, 2002.
(ADOPTED, 7-0; A-81785)
Approving the distribution of funds representing interest earning
on short-term investments of Idle Funds during the month ended
September, 2002. (ADOPTED, 7-0; A-81786)
Clerk's Letter and Mayor's Approval of Ordinances and Resolutions
passed by Council October 21, 2002. (PLACED ON FILE)
THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.:
Use Permit No. 140A - App. of Menard, Inc. to modify parking
layout and add a garden center at Northeast quadrant
of Andermatt Dr. & South 89th Street.
Use Permit No. 145 - App. of Robert D. Hampton by Engineering
Design Consultants LLC for office development under O-3
zoning at Pine Lake Plaza, Southwest of Pine Lake & 84th Street.
Change of Zone 3373 - App of Robert D.Hampton by Engineering
Design Consultants, LLC from AGR to R-3 & O-3 to sub-divide
for offices and townhouses at Pine Lake Plaza, Southwest of
Pine Lake & 84th St.
Change of Zone 3374 - App. of Pine Lake Development LLC by Robert
D. Hampton form Ag to R-3 for single family units at Northwest
of 91st & Pine Lake Rd.
Special Permit 1762A - App. of Pine Lake Development, LLC for single
family units northwest of 91st & Pine Lake Rd.
Special Permit 1993 - App. of Solid Rock Gymnastics, Inc. to operate
Solid Rock Gymnastics, Inc. in an I-1 Zone at Hill Street,
location of old Soccer Bubble next to A & R Skating Rink.
Special Permit 1960 - App. of Mary Anne Wells to develop single
family dwellings at North of Superior & west of North 14th
Street.
REPORTS OF CITY OFFICERS
12) Clerk's Letter and Mayor's Approval of Ordinances and Resolutions
passed by Council on October 14, 2002.(PLACED ON FILE)
13) Report from City Treasurer of Telecommunications Occupation Tax
for the month of June 2002: Touch 1 Comm., Cellular One; July thru
Sept., 2002: Netifice Comm., Claricom Networks, OneStar Long
Distance, Matrix, IDT Corp., Winstar Comm.; August, 2002: Cellular
One; Sept., 2002: Touch 1 Comm., Nextel West, VarTec Telecom.,
Business Telecom., ACN Comm., GTC Telecom., Zone Telecom., Cellular
One, Lightyear Comm., COMDATA Telecomm., ATT Wireless, Tri-M Comm.,
NOSVA Limited, Glyphics Comm., NOS Comm., Globalcom, Working Assets
Funding Service, AT&T Comm. of Midwest, Touch America, Nextel
Partners, Virgin Mobile USA, Qwest Comm., Intellicall Operator,
Primus Telecomm., OnStar Corp., Tracfone Wireless, Opex Comm.,
Broadwing Telecomm., Global Crossing Telecomm., LDMI Telecomm.,
Big Planet, Association Administrators, RSL, COM, USA, Inc. XO Long
Distance Services, Affinity Network, ATS Mobile Telephone, D & D
Comm., Operator Comm. (PLACED ON FILE)
14) Assessment Resolution for Downtown Business Improvement District
for Board of Equalization Monday, November 4, 2002 at 1:30 p.m.
(ADOPTED, 7-0; #A-81787)
15) Assessment Resolution for Downtown Maintenance Improvement District
for Board of Equalization Monday, November 4, 2002 at 1:30 p.m.
(ADOPTED, 7-0; A-81788)
16) Assessment Resolution for Core Business Improvement District Overlay
for Board of Equalization Monday, November 4, 2002 at 1:30 p.m.
(ADOPTED, 7-0; A-81789)
ORDINANCES - 1ST READING (ITEMS 17 THRU 22 HAD 1ST READINGS; SEE ITEMS 19 & 20)
17) 02-160 Amending Title 27 of the Lincoln Municipal Code (Zoning Ordinance)
to add a new Section 27.82.010 to provide a title, authority and
applicability; to add a new Section 27.82.020 to provide legislative
findings and purpose; to add a new Section 27.82.030 to provide
intent; to add a new Section 27.82.040 to provide definitions; to
add a new Section 27.82.050 to provide for imposition of impact
fees; to add a new Section 27.82.060 to provide exemptions from
impact fees; to add a new Section 27.82.070 to provide for the
creation of an impact fee fund and impact fee accounts; to add
a new Section 27.82.080 to provide for refunds of impact fees paid;
to add a new Section 27.82.090 to provide for post-ordinance
developer agreements regarding Impact Fee Facilities; to add a new
Section 27.82.100 to provide for developer reimbursement for pre-
ordinance participation in financing or constructing Impact Fee
Facilities; and to add a new Section 27.82.110 to provide for
miscellaneous provisions. (In connection w/02-161, 02R-247,
02R-207) Fact Sheet (1.3M), Exhibit A (1.2M), Exhibit B pt1
Exhibit B pt2 (1.9M)
18) 02-161 Amending Title 26 of the Lincoln Municipal Code (Land Subdivision
Ordinance) to amend Section 26.23.040 to modify the reference to
the Comprehensive Plan and to increase the minimum right-of-way
width for bikeways from a 14-foot easement to a 20-foot easement;
and to amend Section 26.23.160 to require a dedication of land
or payment of an impact fee for neighborhood parks and trails.
(In connection w/02-160, 02R-247, 02R-207) Fact Sheet (107K)
(for attachments see item #17 - 02-160)
19) 02-162 Authorizing and providing for the issuance of revenue bonds of the
not Water System of the City of Lincoln, Nebraska, and declaring an
available emergency. (Request to have 2nd & 3rd Reading 11/18/02)
on-line (TO HAVE 2ND READING & REQUEST FOR 3RD READING ON 11/18/02, 7-0)
20) 02-163 Authorizing and providing for the issuance of not to exceed
not $58,000,000 aggregate principal amount of Lincoln Water System
available Revenue and Refunding Bonds in one or more series, and related
on-line matters, and declaring an emergency. (Request to have 2nd &
3rd Reading 11/18/02) (TO HAVE 2ND READING & A REQUEST
FOR 3RD READING ON 11/18/02, 7-0)
21) 02-158 Amending the pay schedule for a certain employee group prefixed by
the letter "E" by changing the pay range of Personnel Clerk from
E01 to X11. Fact Sheet (48K)
22) 02-159 Amending the pay schedule for certain employee groups prefixed by
the letters "A" and "C" to create the classifications of "Solid
Waste Operations Supervisor" and "Utility Engineering Specialist."
Fact Sheet (48K)
ORDINANCES - 3RD READING
23) 02-152 Vacating the north 18' of Glade Street from South 48th Street
east 124.2 feet. Fact Sheet (255K)
(LOST, 0-7; #38-4419)
24) 02-153 Amending Section 4.24.070 of the Lincoln Municipal Code relating
to the specific powers and duties of the Lincoln Electric System
Administrative Board to specify that the rate-making authority
reserved to the Lincoln City Council relates to retail electric
rates only. (PASSED, 7-0; #18082)
25) 02-155 Change of Zone 76HP - Application of the Sigma Phi Epsilon
Foundation of Nebraska to designate the Sigma Phi Epsilon House
at 601 North 16th Street, as a landmark. Fact Sheet (554K)
(PASSED, 7-0; #18083)
26) 02-156 Change of Zone 3378 - Application of the Near South Neighborhood
Association for a change of zone from R-5 Residential and R-6
Residential to R-2 Residential on property located in the "Mount
Emerald" area of the Near South Neighborhood generally located at
South 18th Street to South 21st and 22nd Streets, from A to F
Streets. Fact Sheet (1.5M)
(PASSED, 7-0; #18084)
RECONSIDERATION
27) 02R-217 Approving waivers of design standards for sidewalks on the west
side of South 70th Street adjacent to Lots 1 and 2, Hickory Crest
4th Addition and the sidewalk within the pedestrian easement between
Lots 1 and 2, Hickory Crest 4th Addition from King's Court to South
70th Street. (10/14/02 - Voted to Reconsider 10/21/02) (10/21/02 -
Motion to postpone Action to 10/28/02) Fact Sheet (1M)
(RE-ADOPTED, 5-2; COOK, WERNER DISSENTING; A-81742)
28) Application of BJT, L.L.C. dba "The Office" for a Class I liquor
license at 1211 O Street. (10/21/02 - Motion to Reconsider/
Withdraw application on 10/28/02) (PLACED ON PENDING UNTIL
MANAGER APP. COMES FORWARD, 7-0)
PENDING LIST - DATE CERTAIN
29) 02R-207 Approving a schedule for water use charges to increase revenues for
the Lincoln Water System. (9/30/02 - Placed on pending to have
public hearing the same date as Impact Fees public hearing 11/4/02)
(In connection w/02-160, 02-161, 02R-247) Fact Sheet (6K)
(TO HAVE PUBLIC HEARING ON 1/4/02)
PENDING LIST (EXTENDED ONE WEEK)
30) 00-65 Change of Zone 3196 - App. of the Interim Planning Director for a
change from B-1 Local Business & R-3 Residential to B-2 Planned
Neighborhood Business & from R-3 Residential to AGR Agricultural
Residential, on property generally located at S. Coddington Ave.
& W. Van Dorn St. (In connection w/00-67) (4/17/00 - Placed on
Pending) (3/5/01 - Placed on Pending) Fact Sheet (1.4M)
31) 00-67 Change of Zone 3247 - App. of the Interim Planning Director for a
change from AGR Agricultural Residential & R-3 Residential to B-2
Planned Neighborhood Business, on property generally located on
the southwest corner of S. Coddington Ave. & W. Van Dorn St.
(In connection w/00-65) (4/17/00 - Placed on Pending) (3/5/01 -
Placed on Pending) Fact Sheet (949K)
32) 01-39 Vacating the south 40' of X St. adjacent to Lot 1, Block 6, North
Lincoln Add., generally located at N. 9th & X Sts. (4/2/01 - Action
delayed for two weeks to 4/16/01)(4/16/01 - Placed on pending for 3
months 7/16/01) (7/9/01 - To remain on pending)
Fact Sheet (1.1M)
33) 01-66 Change of Zone 3315 - App. of Phil and Mary Durst for a change
from R-4 Residential to I-1 Industrial on property generally
located at South 1st and L Streets. (4/23/01 - Placed
on Pending; Pub. Hearing Cont'd.) Fact Sheet (997K), Photo's (618K),
Photo's (664K), Drawings (2.2M), Photo's (1.4M)
34) 00-177 Vacating a portion of N. 60th St. from Seward Ave. south 142 ft.
(10/16/00 - Placed on Pending) (10/8/01 - To have Pub. Hearing &
Action on 10/15/01) (10/15/01 - Pub. Hearing & Action Delayed 2
weeks to 10/29/01) (10/29/01- Placed on pending indefinitely)
Fact Sheet (16K)
35) 01-150 Creating paving District 2623 in N.W. 27th Street from approxi-
mately West O Street north to the Interstate bridge and assessing
the cost thereof against the benefitted property. (11/19/01 -
Reconsidered & placed on Pending) Fact Sheet (26K), Attachment (93K)
36) 01-182 Amending Chapter 5.36 of the Lincoln Municipal Code relating to
Peddlers by adding a new section to prohibit use by peddlers of
any truck over 21 feet in length in any residential zoning district,
except for the purpose of delivery goods. (12/17/01 - Placed on
Pending until 1/14/02) (1/7/02 - To remain on Pending)
Fact Sheet (4K)
37) 02-22 Amending Chapter 2.65 of the Lincoln Municipal Code relating to the
Police and Fire Pension Plan - Plan "B" to provide for a one-time
increase to Police and Fire Pension Retirees and Deferred Annuitant
Retirees scheduled to receive a monthly pension payment. (2/25/02 -
Placed on Pending)
38) 02-23 Amending Chapter 2.66 of the Lincoln Municipal Code relating to the
Police and Fire Pension Plan - Plan "C" to provide for a one-time
increase to Police and Fire Pension Retirees and Deferred Annuitant
Retirees scheduled to receive a future monthly pension payment.
(2/25/02 - Placed on Pending)
39) 02R-20 Directing submittal to the qualified electors of the city a proposed
Charter amendment to Article IV, Section 7, to allow the council,
by ordinance, to change the compensation of council members and
to provide that no increase in compensation shall become effective
during the council term in which voted. (2/25/02 - Placed on pending
indefinitely.) Fact Sheet (4K)
40) 02-31 Vacating a 5' x 30'6" portion of North 7th Street adjacent to the
south 37' of Lot 9, Block 32, Original Plat of Lincoln, generally
located at N. 7th and P Streets. (3/18/02 - Public Hearing Cont'd.
w/3rd Reading) (3/25/02- Action delayed to 4/8/02) (In connection
W/02R-64) (4/8/02 -Placed on Pending until policy recommendation
from Urban Development)
41) 02-39 Establishing a retirement incentive program for City employees who
meet certain age & service criteria. (In connection w/02R-63)
(3/25/02 - Pub. Hearing delayed to 4/15/02) (Request 2nd & 3rd
Reading w/Emergency Clause) (4/15/02-Pending Indefinitely, w/P.H.
& 2nd Reading when Bill is brought forward)
42) 02R-63 Approving a transfer of appropriations from existing re-appropri-
ations for budgets in various departments for the funding of the
retirement incentive program as set forth in Bill No. 02-39. (In
connection w/02-39)(3/25/02 - Pub. Hearing delayed to 4/15/02)
(4/15/02 - Placed on Pending Indefinitely w/Pub. Hearing when
Bill brought forward)
43) 02-114 Amending Chapter 2.54 of the Lincoln Municipal Code by adding a
new section entitled "Standards of Ethical Conduct for Employees
and Elected Officials" to supplement the existing conflicts of
interest regulations. (7/29/02 - Placed on pending until a
committee is formed) Fact Sheet (4K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING
ON NOVEMBER 4, 2002, 2:00 P.M.: (APPROVED, 7-0)
44) 02R-247 Adopting the Water System Impact Fee, Water Distribution Impact Fee,
Wastewater Impact Fee, Arterial Street Impact Fee, and Neighborhood
Park and Trail Impact Fee Schedules to be used to determine the
amount of each required impact fee pursuant to the requirement of
the Impact Fee Ordinance. (In connection w/02-160, 02-161,
02R-207) Fact Sheet (11K), Impact Fee Schedule (37K)
Please note: During the open microphone & registered section of the agenda,
individuals are allowed a total of 5 minutes to speak whether registered or not
regardless of number of topics.
ANY PERSON DESIRING TO HAVE THEIR NAME & SUBJECT MATTER LISTED ON THE FORMAL
AGENDA PERTAINING TO MATTERS NOT ON THIS AGENDA, AND NOT PLANNED TO APPEAR
ON A FUTURE AGENDA, SHOULD NOTIFY THE CITY CLERK BY 10:00 A.M. ON THE WEDNESDAY
(10/30/02) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (11/04/02).
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 THIS TIME.
ADJOURNMENT
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The City Council Meeting which is broadcast live at 1:30 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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History