AGENDA OF THE REGULAR CITY COUNCIL MEETING TO BE HELD MONDAY, NOVEMBER 18, 2002, AT 1:30 P.M. PETITIONS & COMMUNICATIONS 50) Change of Zone 3388 - Application of Carpenter Motors for a Change of Zone from H-2 to B-3 on property located at the Northeast Corner of North Cotner and "O" Streets. (Referred to Planning Dept.) 51) Change of Zone 3389 - Application of Chee-Vee Limited Partnership for a Change of Zone from B-1 to H-2 on property located at 2105 & 2109 Highway 2. (Referred to Planning Dept.) 52) Special Permit 1994 - Application of Barbara A. Baier to expand a nonstandard single-family dwelling into a required yard on property located at 727 S. 18th Street. (Referred to Planning Dept.) 53) MISCELLANEOUS REFERRALS NONE REPORTS OF CITY OFFICERS 54) Investment of Funds for Oct. 28 through Nov. 1, 2002. (ADOPTED, 7-0; A-81823) 55) Investment of Funds for Nov. 4 through Nov. 8, 2002. (ADOPTED, 7-0; A-81824) 56) Clerk's Letter & Mayor's Approval of Ordinances & Resolutions passed by Council on November 4, 2002. (Placed on file) 57) Report of UNL Microbiologist for water tested during the month of October, 2002. (Placed on file) 58) Report of Lincoln Water & WasteWater System Recapitulation of Daily Cash Receipts for October, 2002. (Placed on file) 59) Report from City Treasurer of Telecommunication Tax for the month of July, Aug., & Sept., 2002: PNG Telecommunications, Inc.; for the month of September, 2002: American Farm Bureau, Inc., IBM Global Services-NS Div., GE Business Prod. Solutions, Access Line Communi- cations Corp., Quantum Shift Communications, Nebraska Technology & Telecommunications, Inc., US Paging, LLC, Shaffer Communications, Inc., Bell Atlantic Communications, Alltel Communications of Nebraska, Inc., Verizon Select Services, Inc., and McLeod USA Telecommuni- cations Services, Inc. (Placed on file) ORDINANCES - 1ST READING (ITEMS 60-72a HAD 1ST READING) 60) 02-171 Creating Water District No. 1189 in N.W. 23rd Street, West Q to West "O" and assessing the cost thereof against the benefitted property. 61) 02-172 Creating Sewer District No. 1178 in N.W. 23rd Street, West Q to West "O", and assessing the cost thereof against the benefitted property. 62) 02-173 Creating Alley Paving District No. 363 from 26th Street to 27th Street between Q and R Streets, and assessing the cost thereof against the benefitted property. 63) 02-174 Creating Paving District No. 2624 in Frontage Road which parallels N. Highway 77 from Holland Road south approximately 1,375 feet and assessing the cost thereof against the benefitted property. 64) 02-175 Accepting and approving the lease agreements between the City and Nebraska Machinery Company for the lease of four articulated frame four-wheel drive motor graders for the snow removal season November 2002 through February 2003 with an option to renew for two additional snow removal seasons, and declaring an emergency. (Request 2nd & 3rd Readings w/Emergency Clause) Fact Sheet (10K), Fact Sheet (368K) 65) 02-176 Authorizing the transfer of funds and appropriations within the Capital Improvement Program and appropriate unprogrammed Keno Funds for various Parks & Recreations Dept. projects, and declaring an emergency. (Request Emergency Clause) Fact Sheet (57K) 66) 02-177 Accepting the offer of Pine Lake Development, L.L.C. to dedicate 98th Street right-of-way generally located north of Pine Lake Road, abutting 98th Street to the west. Fact Sheet (9K) 67) 02-178 Change of Zone 77HP - Application of the Director of Urban Development to designate the former U.S. Post Office and Courthouse (Old Federal Building) as a landmark, generally located at 129 N. 10th St. Fact Sheet (722K) 68) 02-179 Change of Zone 3377 - Application of the Director of Urban Development for a change of zone from P Public Use to B-4 Lincoln Center Business District on property generally located at 9th and O Streets. Fact Sheet (839K) 69) 02-180 Change of Zone 3379 - Application of Marvin and Barbara Armstrong for a change of zone from R-4 Residential to I-1 Industrial on property generally located at N. 58th Street and 120' north of Ballard Avenue.Fact Sheet (431K) 70) 02-181 Change of Zone 3383 - Application of Capitol Sports Foundation for a change of zone form AG Agricultural to I-1 Industrial on property generally located at the northeast corner of N. 70th Street and Salt Creek, south of Arbor Road. Fact Sheet (911K) 71) 02-182 Change of Zone 3384 - Application of the Planning Director for a change of zone from R-2 Residential to O-2 Suburban Office on property generally located at 201 Capitol Beach Blvd. Fact Sheet (855K) 72) 02-183 Accepting the offer of Stone Bridge Creek, L.L.C. to dedicate Alvo Road right-of-way generally located west of North 14th Street. Fact Sheet (8K) 72a) 02-184 Declaring the "Comfort Station at Old Federal Place as surplus property on property generally located at the southwest corner of 9th and O Streets. ORDINANCES - 3RD READING & RESOLUTION FOR ACTION ONLY 73) 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. (11/4/02 - Con't action to 11/18/02) (MOVED 3 MOTIONS TO AMEND, 6-1, SVOBODA DISSENTING; PASSED AS AMENDED, 7-0; #18092) 74) 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)(Housing Authority - Motion to Amend) Fact Sheet (1.3M), Exhibit A (1.2M), Exhibit B pt1 Exhibit B pt2 (1.9M) (MOTION TO DELAY TO 12/9/02, FAILED, 3-4, COOK, MCROY, & WERNER ASSENTING; PLACED ON PENDING, WITH NO DATE CERTAIN, 4-3; COOK, SENG & WERNER DISSENTING) 75) 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) (MOTION TO DELAY TO 12/9/02, FAILED, 3-4, COOK, MCROY, & WERNER ASSENTING; PLACED ON PENDING, WITH NO DATE CERTAIN, 4-3; COOK, SENG & WERNER DISSENTING) 76) 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 todetermine 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)(Planning Dept - Motion to Amend) Fact Sheet (11K), Impact Fee Schedule (37K), Motion to Amend (113K)(MOTION TO DELAY TO 12/9/02, FAILED, 3-4, COOK, MCROY, & WERNER ASSENTING; PLACED ON PENDING, WITH NO DATE CERTAIN, 4-3; COOK, SENG & WERNER DISSENTING) 77) 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) (ADOPTED, 5-2, COOK & WERNER DISSENTING; A-81825) 78) 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)(10/28/02 - on-line - To have public hearing 11/18/02, waiver of rules required for vote on 11/18/02) (COUNCIL RULES WAIVED, 7-0; PASSED, 6-1, WERNER DISSENTING; #18088) 79) 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) (10/28/02 - To have public hearing 11/18/02, waiver of rules required for vote on 11/18/02)(COUNCIL RULES WAIVED, 7-0; PASSED, 6-1, WERNER DISSENTING; #18089) PENDING LIST - DATE CERTAIN - NONE PENDING LIST - (EXTENDED ONE WEEK) 80) 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) 81) 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) 82) 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) 83) 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) 84) 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) 85) 01-150 Creating paving District 2623 in N.W. 27th Street from approximately 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) 86) 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) 87) 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) 88) 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) 89) 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) 90) 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 recommend- ation from Urban Development) 91) 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) 92) 02R-63 Approving a transfer of appropriations from existing re-appropria- tions 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) 93) 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) 38) 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) (10/28/02 - placed on pending until manager application comes forward) WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING ON NOVEMBER 25, 2002, 5:30 P.M.: (APPROVED, 6-0, MCROY ABSENT) 95) 02R-279 Appointing Carmelia Anthony to the Lincoln Commission on Human Rights for a three-year term expiring December 31, 2005. Attachement (63K) 96) 02R-280 Appointing Lori Lopez Urdiales to the Lincoln Commission on Human Rights to fill an unexpired term expiring December 31, 2003. Attachement (45K) 97) 02R-281 Reappointing Ernesto Castillo, Jr. and Oscar Harriott to the Lincoln Commission on Human Rights for three-year terms expiring December 31, 2005. 98) 02R-282 Approving a contract between the City and the State of Nebraska Department of Motor Vehicles for renewal of the City's Commercial Motor Vehicles Third Party Tester Certificate to allow the City to conduct examination for commercial drivers licenses. 99) 02R-284 Approving the Joint Funding Agreement for Water Resources Investigations with U.S. Geological Survey providing for a Bank Filtration Research Project.
100) 02R-285 Declaring the "Comfort Station at Old Federal Place" as surplus property on property generally located at the southwest corner of 9th and O Streets.101) 02R-286 Accepting the report of new and pending claims against the City and approving disposition of claims set forth therein for the period of October 16 - 31, 2002. Fact Sheet (5K), Attachment (35K) 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 THE CURRENT AGENDA, OR NOT SCHEDULED TO APPEAR ON A FUTURE AGENDA, SHOULD NOTIFY THE CITY CLERK BY 10:00 A.M. ON THE WEDNESDAY (11/23/02) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (11/28/02). 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 - 6:15 P.M. Item 1 - 17 | Item 18 - 49