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City Council Heading City Letter Head
                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 

                               ****
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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