Council Seal
City of Lincoln
City Council
Agenda

              ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                 TUESDAY, JANUARY 18, 2000 AT 6:30 P.M.

             ALL MEMBERS PRESENT.

PUBLIC HEARING ORDINANCES - 2ND READING 
 (ITEMS 1-10 HAD PUB. HEARING; SEE ITEMS 3 & 4.)

 1)  00-1      Amending Sec. 8.20.050 of the LMC to reflect changes made to
               the Nebraska Pure Food Act.

 2)  00-2      Change of Zone 3217 - App. of Ridgewood Neighborhood Assoc.
               for a change from AG Agricultural to AGR Agricultural 
               Residential on property generally located 1/4 mile south & 
               east of the corner of S.W. 27th St. & W. Denton Rd.

 3)  00-3      Change of Zone 3218 - App. of the Planning Director to amend
               the Zoning Ordinance of the LMC to add Chapter 27.68 relating
               to provisions for "Personal Wireless Facilities" to provide 
               a purpose, definitions, to provide for permits, permits 
               terms, renewal applications, renewal determinations, 
               conditions for renewal, location preferences, application 
               requirements, standards for evaluation, design criteria, 
               general requirements, abandonment of facilities, & to allow 
               personal wireless services facilities in any zoning district.
               (In connection w/00-4) (SEE ITEM 44.)

 4)  00-4      Change of Zone 3219 - App. of the Planning Director to amend
               Secs. 27.03.110 & 27.63.150 of the LMC relating to the 
               definition of "Broadcast Tower" & the guidelines for review 
               of a special permit for a "Broadcast Tower." (In connection 
               w/00-3) (SEE ITEM 45.)

 5)  00-5      Amending Sec. 6.08.160 of the LMC to increase the minimum 
               fine for barking dogs to $50.00.

 6)  00-6      Approving a Lease Agrmt. between the City & Phantom, Inc. 
               for the lease of City owned property for use as an impound
               lot for towed vehicles.  (In connection w/00R-5)

 7)  00-7      Establishing residential & commercial classes of gas service 
               & applicable rates to be charged by Peoples Natural Gas for 
               gas service within the City.  (In connection w/00-8)

 8)  00-8      Reaffirming the previously approved tariffs applicable to 
               the transportation of natural gas through the 12-inch 
               natural gas pipeline which is connected to the distribution 
               system serving the City (Lincoln Lateral). (In connection
               w/00-7)

 9)  00-9      Annexing approx. 318 acres of property generally located
               north of Hwy. 34, south of Alvo Rd., & west of N. 1st St.
               (In connection w/00-10, 00R-16, 00R-17, 00R-18, 00R-19, 
               00R-20)

10)  00-10     Change of Zone 3202 - App. of NEBCO, Inc. for a change from
               AG Agricultural to R-3 Residential, O-3 Office Park, & B-2 
               Planned Neigh-borhood Business on property generally located 
               north of Hwy. 34, south of Alvo Rd., & west of N. 1st St.
               (In connection w/00-9, 00R-16, 00R-17, 00R-18, 00R-19, 
               00R-20)

PUBLIC HEARING - RESOLUTIONS

11)            App. of Medici Foundation to conduct a raffle within the
               City of Lincoln from Jan. 17, 2000 through Feb. 19, 2000.
               (ADOPTED, 7-0; A-79954.)

12)  00R-1     Comp. Plan Amendment 94-43 - Amending the Lincoln Land Use
               Plan to change the land use from "Parks & Open Space" & 
               "Wetlands & Water Bodies" to "Public & Semi-Public" on 
               property generally located west of Sun Valley Blvd. & south 
               of Charleston St. in the vicinity of N. 1st St. 
               (ADOPTED, 5-2; MCROY & SHOECRAFT DISSENTING; A-79955.)

13)  00R-2     Special Permit 1512D - App. of Lincoln North Creek, L.L.C.
               to amend the Autumn Ridge West C.U.P. to increase the total
               number of dwelling units from 297 to 300 & to allow patios 
               & decks to extend over the building envelopes for the 
               specific attached single family dwellings on property
               generally located on the east side of N. 21st St. south of 
               the Old Fletcher alignment. 
               (AMENDED, 7-0; ADOPTED, 7-0; A-79956.)

14)  00R-3     Special Permit 1816 - Appeal of Dr. Donald L. Jorgensen to 
               the Planning Commission approval for the excavation of soil
               on property generally located south & east of the corner of
               N.W. 40th & W. Vine Sts. (PUB. HEARING CONT'D & ACTION
               DELAYED FOR 1 WEEK TO 1/24/2000, 6-1; JOHNSON DISSENTING.)

15)  00R-4     Amending the City's resolution on local government miscel-
               laneous expenditures to clarify language; to provide for 
               travel approval by department direc-tors & instituting a 
               requirement for directors to submit a semi-annual report
               regarding travel authorizations; to provide that teams are 
               eligible for the Mayor's Award of Excellence; & to eliminate
               references to the City's wellness program. 
               (SUB. RESO. ACCEPTED, 7-0; PLACED ON PENDING, 7-0.)

16)  00R-5     Approving a 4-yr. contract between the City & Phantom, Inc.
               for vehicular towing & storage.  (In connection w/00-6) 
               (ACTION DELAYED FOR 1 WEEK TO 1/24/2000, 7-0.)

17)  00R-6     Approving an Agrmt. between the City & the State of Nebraska
               Dept. of Roads for guardrail improvements on the Hwy. 6 
               bridges over Oak Creek.
               (ADOPTED, 7-0; A-79957.)

18)  00R-7     Appointing Harlan King to the Veterans Memorial Garden 
               Advisory Committee to fill an unexpired term expiring Oct.
               2, 2001. (ADOPTED, 7-0; A-79958.)

19)  00R-8     Appointing Lloyd D. Hinkley, Rev. Lauren D. Ekdahl, Richard
               Boucher, & John Snowden to the Charter Revision Commission 
               for terms expiring July 15, 2003. 
               (ADOPTED, 7-0; A-79959.)

20)  00R-9     Reappointing Barb Biffle to the Charter Revision Commission
               for a term expiring July 15, 2003. 
               (ADOPTED, 7-0; A-79960.)

21)  00R-10    Special Permit 1123A - App. of People's City Mission to 
               expand the existing facility & to reduce the front yard 
               setback along R St. on property generally located in the
               block surrounded by R, Q, N. 1st & N. 2nd Sts. 
               (ADOPTED, 7-0; A-79961.)

22)  00R-11    Use Permit 99A - Appeal by WHACO Corp. of the Planning 
               Commission approval to convert the approved 110,850 sq. ft. 
               of retail/commercial & restaurant space into 120,000 sq. ft.
               of retail space for a discount store on property located on
               the northwest corner of 27th St. & Pine Lake Rd. 
               (WITHDRAWN, 7-0.)

23)  00R-12    Appointing Mark Dahmke to the Government Access & 
               Information Committee for a 2-yr. term expiring Jan. 1, 2002.
               (ADOPTED, 7-0; A-79962.)

24)  00R-13    Reappointing Susan Holland to the Government Access & 
               Information Committee for a 2-yr. term expiring Jan. 1, 2002.
               (ADOPTED, 7-0; A-79963.)

25)  00R-14    Appointing Karen Kilgarin to the Nebraska Capitol Environs 
               Commission for a 3-yr. term expiring Jan. 9, 2003. 
               (ADOPTED, 7-0; A-79964.)

26)  00R-15    Reappointment of Kim Todd to the Nebraska Capitol Environs 
               Commission for a 3-yr. term expiring Jan. 9, 2003. 
               (ADOPTED, 7-0; A-79965.)

27)  00R-16    Comp. Plan Amendment 94-41 - Amending the 1994 Comprehensive 
               Plan to extend the Future Service Limits & to change the 
               Land Use Plan, Functional Classifications, Future Rd. 
               Network, & Future Water System on property generally located 
               north of Hwy. 34, south of Alvo Rd., & west of N. 1st St. 
               (In connection w/00-9, 00-10, 00R-17, 00R-18, 00R-19, 00R-20) 
               (ACTION DELAYED 1 WEEK TO 1/24/2000, 7-0.)

28)  00R-17    Special Permit 1808 - App. of NEBCO, Inc. to develop Fall-
               brook Community Unit Plan consisting of 314 dwelling units
               on property generally located north of Hwy. 34, south of 
               Alvo Rd., & west of N. 1st St.  (In connection w/00-9, 
               00-10, 00R-16, 00R-18, 00R-19, 00R-20) 
               (ACTION DELAYED 1 WEEK TO 1/24/2000, 7-0.)

29)  00R-18    Use Permit 124 - App. of NEBCO, Inc. to develop 620,000 sq.
               ft of commercial space & approx. 50 dwelling units on 
               property generally located north of Hwy. 34, south of Alvo 
               Rd., & west of N. 1st St.  (In connection w/00-9, 00-10, 
               00R-16, 00R-17, 00R-19, 00R-20)
               (ACTION DELAYED 1 WEEK TO 1/24/2000, 7-0.)

30)  00R-19    Accepting & approving the Pre. Plat of Fallbrook Add. on 
               property generally located north of Hwy. 34, south of Alvo
               Rd., & west of N. 1st St.  (In connection w/00-9, 00-10, 
               00R-16, 00R-17, 00R-18, 00R-20)
               (ACTION DELAYED 1 WEEK TO 1/24/2000, 7-0.)

31)  00R-20    Approving an Annexation Agrmt. between the City & NEBCO,
               Inc. with regard to the annexation of approx. 318 acres of 
               land generally located north of Hwy. 34, south of Alvo Rd.,
               & west of N. 1st St. (In connection w/00-9, 00-10, 00R-16, 
               00R-17, 00R-18, 00R-19) 
               (ACTION DELAYED 1 WEEK TO 1/24/2000, 7-0.)

32)  00R-21    Accepting the report of new & pending tort claims against 
               the City & approving disposition of claims set forth therein
               for the period of Dec. 1 thru 31, 1999. 
               (ADOPTED, 7-0; A-79966.)

33)  00R-22    Approving a 3-yr. contract with the Lincoln Employees 
               Assistance Program to provide assessment & referral to
               employees & family members for personal problems which may 
               affect job performance. (ADOPTED, 7-0; A-79967.)

PETITIONS & COMMUNICATIONS

34)   MISCELLANEOUS REFERRALS


               Setting hearing date of Mon., Jan. 31, 2000 at 1:30 p.m. on 
               the App. of Benicio C. Lobo dba Zapata Mexican Restaurant-
               Cantina for a Retail Class I Liquor License at 815 "O" St.
               (ADOPTED, 7-0; A-79968.)

               Lincoln Water & Wastewater System Recapitulation of Daily 
               Cash Receipts for Dec., 1999. (PLACED ON FILE)


REPORTS OF CITY OFFICERS

35)            Investment of Funds. (ADOPTED, 7-0; A-79969.)

36)            Approving the distribution of funds representing interest 
               earnings on short-term investments of Idle Funds during the
               month ended Sept. 30, 1999.  
               (ADOPTED, 7-0; A-79970.)

37)            Approving the distribution of funds representing interest
               earnings on short-term investments of Idle Funds during the
               month ended Oct. 30, 1999.  
               (ADOPTED, 7-0; A-79971.)

38)            Approving the distribution of funds representing interest
               earnings on short-term investments of Idle Funds during the 
               month ended Nov. 30, 1999. 
               (ADOPTED, 7-0; A-79972.)


ORDINANCES - 1ST READING (ITEMS 39 - 41 HAD 1ST READING.  SEE ITEM 40.)

39)  00-11     Approving a transfer of appropriations within the Water
               Construction Fund of $360,000.00 from Capital Improvement 
               Proj. No. 506220 (48" water main from 77th & Vine St. to 
               84th to SE Reservoir at 84th & Yankee Hill Rd.) to Capital 
               Improvement Proj. No. 701178 (16" water main in Pine Lake 
               Rd. from 84th to 98th Sts.; & $130,000.00 from Capital 
               Improvement Proj. No. 701175 (water main in Yankee Hill Rd., 
               from 20th to 14th Sts. & 1/4 mile north) to Capital 
               Improvement Proj. No. 506050 (Subsidies).

40)  00-12     Amending Chapter 8.08 of the LMC, the Ambulance Transpor-
               tation Code, to allow an extension of a current Certificate 
               of Public Convenience & Necessity for a period not to exceed
               two years. (WITHDRAWN, 7-0; #38-4324.)

41)  00-13     Amending Chapter 5.06 of the LMC to increase the examination
               fee for a first-class & second-class arborist's certificate
               from $15.00 to $25.00 & to increase the annual renewal fee
               for an arborist's certificate from $4.00 to $10.00.

RECONSIDERATIONS RESOLUTIONS - COUNCIL ACTION ONLY - NO PUBLIC HEARING

42)            Reso. A-79933 - Special Permit 1786 - App. of Quin-C, Inc.
               to develop Black Forest Estates C.U.P. on property generally 
               located at S. 62nd St. & Old Cheney Rd. (SUB. RESO. ACCEPTED,
               7-0; ADOPTED, 7-0; A-79933.)

43)            Reso. A-79934 - Accepting & approving the Pre. Plat of Black
               Forest Estates. (SUB. RESO. ACCEPTED, 7-0; ADOPTED, 7-0;
               A-79934.)


ORDINANCES - 3RD READING 

44)  00-3      Change of Zone 3218 - App. of the Planning Director to amend
               the Zoning Ordinance of the LMC to add Chapter 27.68 relating
               to provisions for "Personal Wireless Facilities" to provide 
               a purpose, definitions, to provide for permits, permits 
               terms, renewal applications, renewal determinations, 
               conditions for renewal, location preferences, application 
               requirements, standards for evaluation, design criteria, 
               general requirements, abandonment of facilities, & to allow 
               personal wireless services facilities in any zoning
               district. (In connection w/00-4) (AMENDED (JENNIFER DAM'S),
               7-0; AMENDED (FORTENBERRY'S), 6-1; JOHNSON DISSENTING;
               PASSED, 7-0; #17588.)

45)  00-4      Change of Zone 3219 - App. of the Planning Director to amend
               Secs. 27.03.110 & 27.63.150 of the LMC relating to the 
               definition of "Broadcast Tower" & the guidelines for review 
               of a special permit for a "Broadcast Tower." (In connection 
               w/00-3) (PASSED, 7-0; #17589.)


PENDING LIST (EXTENDED ONE WEEK.  SEE ITEM 50.)

46)  95-128    Change of Zone 2912 - App. of Don Fauth for a change from AG 
               to AGR on property generally located ½ mi. west of 
               Coddington at SW 27th St. & Old Cheney Rd. (10/14/96 - 
               Placed on Pending)

47)  97-6      Vacating that portion of 11th St. lying between the north 
               R-O-W line of Y St. & the northwesterly line of Burlington
               Northern R.R. R-O-W in the NE¼ of Sec. 23, T10N, R6E.
               (2/3/97 - Placed on Pending until receipt of money)

48)  98-52     Declaring city-owned property legally described as the 
               remaining portion of Lots 226-229, Ridgeview Add., except 
               the north 10' of said lots, generally located at N. 5th & 
               Adams St., as surplus & authorizing the sale thereof. 
               (4/6/98 - Placed on Pending)

49)  97-122    Amending Sec. 5.04.060 of the LMC to prohibit issuance of 
               special designated  licenses for sale of liquor to the 
               general public in the downtown area on home football game 
               days.  (8/25/97 - Amended; Placed on Pending)

50)            Man. App. of Jon Mackey for Famous Dave's Ribs-U, Inc. dba 
               Famous Dave's at 2750 Pine Lake Rd.  (01/10/00 - To have 
               Pub. Hearing & Action on 1/24/00) (REMOVED FROM PENDING FOR
               Pub. HEARING & ACTION ON 1/24/00.)

51)  97-66     Change of Zone 3023 - App. of the Planning Director for a 
               change from B-2 Planned Neighborhood Business to R-5 
               Residential on property generally located at 7401 Pioneers 
               Blvd. (11/1/99 - Placed on Pending) 

52)  99R-289   Comp. Plan Amendment 94-38 - App. of the Planning Director 
               to incorporate the Beal Slough Basin Stormwater Master Plan
               by reference as an approved component of the Comprehensive 
               Plan. (12/6/99 - Placed on Pending until Spring of 2000 for
               Cont'd Public Hearing)

53)  99-136    Authorizing widening, reconstruction, & improvement of E. 
               "O" St. from 52nd to Wedgewood Dr. & acquisition of 
               necessary right-of-way.  (12/13/99 - Action delayed to 
               1/24/2000) (REMOVED FROM PENDING FOR PUB. HEARING
               & ACTION ON 1/24/00.)

54)  97-142    Change of Zone 3076 - App. of Dustrol,  Inc. for a change
               from AG Agricultural to H-4 General Commercial on property
               generally located on the south side of Arbor Rd., west of 
               N. 56th St. (9/22/97 - Placed on Pending)

55)  98-153    Change of Zone 3141 - App. of Randy Rohlmeier for a change 
               from R-2 Residential to I-1 Industrial, on property 
               generally located at the southwest corner of N. 33rd St. & 
               Leighton Ave.  (9/21/98 - Placed on Pending)

56)  98R-370   Approving an exception to the Guidelines & Regulations for
               Driveway Design & Location requirements of vehicle stacking
               for Lincoln Federal Savings at 70th & "O" Sts.  (11/23/98 -
               Placed on Pending for 30 days)

57)  99R-134   Approving a recommendation that the Mayor amend Administra-
               tive Regulation #9 to allow for the creation & implementation
               of a take-home vehicle program for police officers in 
               targeted revitalization strategy areas.  
               (5/10/99 - Placed on Pending)

58)  99-58     Change of Zone 3167 - App. of College View 7th Day Adventist
               Church for a change from R-4 & R-6 Residential to B-3 
               Commercial on property generally located at S. 49th St. & 
               Lowell Ave.  (6/1/99 - Placed on Pending)

59)  99R-152   Authorizing acquisition of property contiguous with other 
               city of Lincoln property in Sarpy County east of the Platte
               River. (6/28/99 - Action delayed for 3 weeks w/Pub. Hearing
               on 7/19/99)  (7/12/99 - To remain on Pending indefinitely)

60)  99-82     Change of Zone 3187 - Amending Chapter 27.69 of the LMC to 
               amend the sign ordinance to require 800' between off-premise
               signs.  (7/26/99 - Placed on Pending till 2/1/2000)

61)  99-93     Amending the corporate limits of the City by annexing approx.
               45 acres of property generally located at S. 14th St. & 
               Mockingbird Lane North. (8/23/99 - Placed on Pending for 6
               months)

62)  98-104    Vacating the alley north of W. C St. & west of SW 1st St.
               (9/7/99 - 2nd Sub. Ord. Accepted.  Placed on Pending)

63)  99R-374   Vacating Hackberry Ln. between Anthony Ln. & E. Hillcrest 
               Dr., located in the three-mile jurisdiction of the City.
               (1/10/00 - Placed on Pending until Action by County Board)

WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC 
HEARING ON MONDAY, JANUARY 24, 2000. (APPROVED, 6-0; JOHNSON ABSENT.)

64)  00R-25    Reappointing Donald R. Stading & Lloyd Hinkley to the Board
               of Directors of the Lincoln Hospital Association for 3-yr.
               terms expiring Dec. 31, 2002.


ADJOURNMENT 11:50 P.M.


UPCOMING HEARINGS

     Hearing date of Mon., Jan. 24, 2000 at 1:30 p.m. on the App. of 
     Lincoln Holdings, Ltd. dba Yia Yia's for a Retail Class C Liquor
     License at 1423 "O" St.

     Hearing date of Mon., Jan. 24, 2000 at 1:30 p.m. on the App. of Famous
     Dave's Ribs-U, Inc. dba Famous Dave's for a Liquor Catering License at
     2750 Pine Lake Rd.

City Council 2000 Agenda History Current History