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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 4, 2002, AT 2:00 P.M.
NOTE: NO COUNCIL MEETING WEEK OF NOVEMBER 11TH DUE TO HOLIDAY.
NEXT COUNCIL MEETING NOVEMBER 18, 2002 AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Manager application of Mitchell A. Phelps for Levy Premium
163K Foodservice LTD dba "Levy Restaurants at Haymarket Park" at 403
Line Drive Circle. (ADOPTED FOR APPROVAL, 7-0; A-81790)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 2 THRU 5 HAD 2ND READING;
SEE ITEMS 2, 3, 4, & 5)
2) 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)
(11/4/02 - DELAYED INDEFINITELY, LOST, 2-5; CAMP, SVOBODA
ASSENTING)
3) 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)
(11/04/02 - DELAYED INDEFINITELY, LOST, 2-5; CAMP, SVOBODA ASSENTING)
4) 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)
(11/4/02 -CONT'D. PUBLIC HEARING W/ACTION TO 11/18/02, 7-0)
5) 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)
(11/4/02 - CONT'D. PUBLIC HEARING W/ACTION TO 11/18/02, 7-0)
PUBLIC HEARING - RESOLUTIONS
6) 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)
(11/4/02 - DELAYED ACTION TO 11/18/02, 6-1; SENG DISSENTING)
7) 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),
Motion to Amend (113K)
(11/4/02 - DELAYED INDEFINITELY, LOST, 2-5; CAMP, SVOBODA
ASSENTING; DELAYED ACTION TO 11/18/02, 6-1; SENG DISSENTING)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
8) MISCELLANEOUS REFERRALS
Investment of Funds for Oct. 21 thru Oct. 25, 2002.
(ADOPTED, 7-0; A-81791)
Setting Hearing date of Monday, November 18, 2002 at 1:30 p.m.
for Man. App. of James P. Madsen for Madsen Bowling & Billiard
Center Company located at 1316 N. 47th Street.
(ADOPTED, 7-0; A-81792)
Setting Hearing date of Monday, November 25, 2002 at 5:30 p.m.
for Man. App. of John A. Losito for Bowling Associates Limited
Partnership dba Sun Valley Lanes located at 321 Victory Lane.
(ADOPTED, 7-0; A-81793)
Clerk's Letter & Mayor's Approval of Ordinances & Resolutions
passed by Council on October 28, 2002. (PLACED ON FILE)
Report from City Treasurer of franchise fees from Time Warner
Cable for the quarter ending Sept. 30, 2002. (PLACED ON FILE)
Report from City Treasurer of franchise fees from Aquila for
the quarter ending Sept. 30, 2002. (PLACED ON FILE)
Report from City Treasurer of Telecommunication Tax for the
month of September, 2002: MCI Worldcom, Guaranteed Phone
Service, Alltel Nebraska, Alltel Systems of the Midwest,
Spring Spectrum, Teligent Services, Network Billing Systems,
Norstan Network, Sprint, Telco Development Group De Inc.,
Western Union, WorldXchange, Trans National, Cricket Comm.,
Excel. (PLACED ON FILE)
Petition to Vacate Public Way the South ½ of R Street
abutting Block 29, Original Plat, Lincoln, from the East
right-of-way of 9th Street to the West right-of-way of 10th
Street submitted by William K. Johnston, President of
Lincoln Journal Star. (REFERRED TO LAW DEPT.)
Petition to Vacate Public Way the North ½ of R Street
abutting Block 22 from the East right-of-way line of 9th
Street to a point 15' west of the Southeast corner of the
remaining portion of Lot 6, Block 22, Original Plat, Lincoln
submitted by William K. Johnston, President of Lincoln Journal
Star and William E. Henkle, Trustee of Giles C. Henkle Trust.
(REFERRED TO LAW DEPT.)
REPORTS OF CITY OFFICERS
(9) Report of Lincoln Water & WasteWater System Recapitulation of Daily
Cash Receipts for Sept. 2002. (PLACED ON FILE)
(10) Request of Public Works to set a hearing date of Monday, November
25, 2002, at 5:30 p.m. & place on the formal City Council Agenda
the following: (APPROVED, 7-0)
02-171 To provide authority ______ to construct a 6-inch water
main in NW 23rd Street, West Q to West O Streets and
assess the cost thereof against the benefitted property.
02-172 To provide authority to construct a 6-inch sanitary sewer
in NW 23rd Street, West Q to West O Streets and assess
the cost thereof against the benefitted property.
02-173 To provide authority to design and construct a 16-foot
wide paved alley at 26th Street to 27th Street, Q to R
Streets and assess the costs thereof against the
benefitted properties.
02-174 To provide authority to pave Frontage Road which parallels
North Highway 77 from Holland Road south approximately
1,375 feet and assess the cost thereof against the
benefitted property.
ORDINANCES - 1ST READING (ITEMS 11 THRU 17 HAD 1ST READING)
11) 02-164 Vacating the west 60.15 feet of Wagon Lane from the south line of
Outlot B to the north line of Outlot C, Frontier Acres, generally
located at S. 62nd Street and Wagon Lane. (In connection
w/02-170, 02R-276, 02R-277)(Request to have 2nd & 3rd readings
11/18/02) Fact Sheet (246K)
12) 02-165 Vacating a portion of O'Hanlon Drive, requested by Don Johnson Homes
Inc., David and Sydney Richards, Ridge Development Company and
Southview, Inc., generally located ¼ mile north of the
intersection of S. 27th Street and Yankee Hill Road.
Fact Sheet (343K)
13) 02-166 Change of Zone 3370 - Application of Connie Heier and Patricia
Slaughter for a change of zone from AG Agriculture to AGR Agri-
cultural Residential on property generally located at the south-
east corner of S. 112th Street and Old Cheney Road. (In
connection w/02R-263) Fact Sheet (540K)
14) 02-167 Change of Zone 3376 - Application of Ron and Rose McMahan for a
change of zone from R-2 Residential to H-3 Highway Commercial on
property generally located 330 feet north of West O Street and N.W.
14th Street. Fact Sheet (196K)
15) 02-168 Change of Zone 3380 - Application of the Planning Director for a
change of zone from B-2 Planned Neighborhood Business District to
R-3 Residential on property generally located at S. 79th Street
and Pioneers Blvd. Fact Sheet (168K)
16) 02-169 Change of Zone 3382 - Amending Sections 27.63.130 and 27.63.680 of
the Lincoln Municipal Code Zoning Ordinance to allow the sale of
alcohol for consumption on the premises at golf courses and
country clubs as an allowed accessory use by special permit.
(To be acted on prior to 02R-257) Fact Sheet (162K)
17) 02-170 Change of Zone 3375 - Application of Carl Sjulin and West Gate
Bank for a change of zone from AGR Agricultural Residential to
O-3 Office Park on property generally located northeast of the
intersection of Old Cheney Road and Highway 2. (In connection
w/02-164, 02R-276, 02R-277) (Request 2nd & 3rd readings 11/18/02)
Fact Sheet (474K)
ORDINANCES - 3RD READING
18) 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)
(PASSED, 6-1; SVOBODA DISSENTING; #18085)
19) 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
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 increaselicense 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. (Request con't public hearing & action to 11/18/02)
(CONT'D. ACTION TO 11/18/02, 7-0)
Items 19 - 67
History