Council Seal
City of Lincoln
City Council
Agenda

           ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD
               MONDAY, JANUARY 24, 2000 AT 1:30 P.M.

                     ALL MEMBERS PRESENT

PUBLIC HEARING LIQUOR LICENSES

 1)            Man. App. of Jon Mackey for Famous Dave's Ribs-U, Inc. dba 
               Famous Dave's at 2750 Pine Lake Rd. 
               (ADOPTED FOR APPROVAL, 7-0; A-79973)

 2)            App. of Famous Dave's Ribs-U, Inc. for a liquor catering 
               license at 2750 Pine Lake Rd. 
               (ADOPTED FOR APPROVAL, 7-0; A-79974)

 3)            App. of Lincoln Holdings, Ltd. dba Yia Yia's for a Class "C" 
               liquor license at 1423 O St. (PUB. HEARING & ACTION DELAYED
               FOR 1 WEEK TO 1/31/00, 7-0)
 
 4)            Man. App. of Nader Sepahpur for Lincoln Holdings, Ltd. dba 
               Yia Yia's at 1423 O St. (PUB. HEARING & ACTION DELAYED FOR
               1 WEEK TO 1/31/00, 7-0)


PUBLIC HEARING ORDINANCES - 2ND READING
     (ITEMS 5 & 6 HAD 2ND READING)

 5)  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).

 6)  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.

PUBLIC HEARING - RESOLUTIONS

 7)  00R-3     Special Permit 1816 - Appeal of Dr. Donald J. 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. (ADOPTED, 7-0; A-79975)

 8)  00R-25    Reappointing Donald R. Stading & Lloyd Hinkley to the Board 
               of Directors of the Lincoln Hospital Association for three 
               year terms expiring December 31, 2002.  (ADOPTED, 7-0;
               A-79976)


PETITIONS & COMMUNICATIONS

 9)   MISCELLANEOUS REFERRALS

          Setting Date of Mon., Feb. 7, 2000 at 1:30 p.m. on the App. of 
          Darrel D. & Cheryl G. Walton dba "The Silver Spur" for a Retail
          Class "C" Liquor License at 5100 N. 48th St. 
          (ADOPTED, 7-0; A-79977)

          Reports from City Treasurer of Telcomm. Occ. tax due as follows: 
          Jan. - Dec., 1999: Premiere Comm.; July - Sept., 1999: 
          Zenex; Oct.-Dec., 1999: Touch 1, Claricom; Dec., 1999:
          Teligent, Business Telecom., Winstar, Matrix, Network Billing, 
          Operator Comm., D&D Comm., Western Union, One Call, Cincinnati 
          Bell, Destia, Primus, Atlas, Opex, Unidial, Global, RSL COM USA,
          NOS, Nextlink, Glyphics, Stormtel, LDM Systems, Tri-M, Incomnet,
          GTC, Affinity Network, INACOM, GST Net, Globalcom, Worldtel 
          Services. (PLACED ON FILE)

          Report from City Treasurer of Cash on Hand at the close of 
          business Dec. 30, 1999.  (PLACED ON FILE)


REPORTS OF CITY OFFICERS

10)       Clerk's Letter & Mayor's Approval of Ordinances & Resolutions 
          passed on Jan. 10, 2000. (PLACED ON FILE)

11)       Investment of Funds. (ADOPTED, 7-0; A-79978)


ORDINANCES - 1ST READING  
(ITEMS 12 THRU 20 HAD 1ST READING.  SEE ITEM 20)

12)  00-14   Amending Section 9.16.230 of the LMC to define "nudity" & to 
             make it unlawful for a person to appear in any public place 
             in a state of nudity or for an employee or performer to have
             any physical contact with any patron.

13)  00-15   Amending Section 10.06.120 of the LMC to provide for a fine 
             for parking of trucks or other oversized vehicles on streets
             adjacent to residentially zoned property.

14)  00-16   Change of Zone 3182 - App. of the B & J Partnership & the 
             Planning Director for a change from R-2 Residential to B-2
             Planned Neighborhood Business & from R-2 Residential to P 
             Public on property generally located at S. Coddington Ave.
             & W. "A" St.  (In connection w/00-17, 00R-27)

15)  00-17   Declaring approx. 0.9 acres of property generally located at
             S. Coddington Ave. & W. "A" St. as surplus & authorizing the
             sale thereof.  (In connection w/00-16, 00R-27)

16)  00-18   Change of Zone 3230 - Amending Section 27.55.040(d) of the LMC
             to delete the reference to mean sea level & add a reference to
             North American Vertical Datum (NAVD) 1988.

17)  00-19   Change of Zone 3223 - Amending Section 27.07.080 of the LMC 
             to allow for county road right-of-way to be included in lot 
             area under certain circumstances.

18)  00-20   Change of Zone 3226 - App. of Brian D. Carstens & Associates 
             for a change from I-2 Industrial Park to H-3 Highway 
             Commercial on property generally located at approx. W.
             Commerce Way & W. Bond St., near N.W. 12th St.

19)  00-21   Change of Zone 3228 - App. of Jerome Hittner for a change from 
             AG Agricultural to R-3 Residential on property generally 
             located east of S. 84th St. & 200' north of Old Cheney Rd.

20)  00-22   Amending Section 2.76.150 of the LMC to remove the require-
             ments that pay increases for exceptional service be approved
             by the Mayor and to provide that the Director of Personnel 
             annually send a written report to the Mayor listing employees 
             approved for exceptional service pay increases.
             (REMOVED FROM AGENDA, 7-0)

ORDINANCES - 3RD READING 

21)  00-1      Amending Sec. 8.20.050 of the LMC to reflect changes made to
               the Nebraska Pure Food Act. (PASSED, 7-0; #17590)

22)  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.  
               (PASSED, 7-0; #17591)

23)  00-5      Amending Sec. 6.08.160 of the LMC to increase the minimum 
               fine for barking dogs to $50.00. (PASSED, 7-0; #17592)

24)  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) 
               (PASSED, 7-0; #17593)

25)  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) (PASSED, 7-0; #17594)

26)  99-136    Authorizing widening, reconstruction, & improvement of E. 
               "O" St. from 52nd to Wedgewood Dr. & acquisition of 
               necessary right-of-way. (AMENDED, 7-0; PASSED AS AMENDED,
               6-1; CAMP DISSENTING; #17595)


ORDINANCES - 3RD READING
 (AND RELATED RESOLUTIONS - HAD PUB. HEARING)

27)  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) 
               (AMENDED, 5-2; COOK & SENG DISSENTING; PASSED AS AMENDED,
               6-1; COOK DISSENTING; #17596)

28)  00R-5     Approving a 4-yr. contract between the City & Phantom, Inc.
               for vehicular towing & storage.  (In connection w/00-6) 
               (AMENDED, 7-0; ADOPTED AS AMENDED, 6-1; COOK DISSENTING;
               A-79979)

29)  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) (PASSED, 7-0; #17597)

30)  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 Neighborhood 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) (PASSED, 7-0; #17598)

31)  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)
               (ADOPTED, 7-0; A-79980)

32)  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. 23, south of 
               Alvo Rd. & west of N. 1st St. 
               (ADOPTED, 7-0; A-79981)

33)  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-17, 00R-19, 00R-20) 
               (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-79982)

34)  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) 
               (ADOPTED, 7-0; A-79983)

35)  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) 
               (APPROVED SUBSTITUTE AGRMT., 7-0; ADOPTED AS AMENDED,
               7-0; A-79984)


PENDING LIST (EXTENDED 1 WEEK; SEE ITEMS 48 & 51)

36)  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)

37)  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)

38)  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)

39)  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)

40)  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) 

41)  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)

42)  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)

43)  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)

44)  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)

45)  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)

46)  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)

47)  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)

48)  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) 
               (REMOVE FOR ACTION ON 1/31/00, 7-0)

49)  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)

50)  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)

51)  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)
               (REMOVE FOR PUBLIC HEARING & ACTION ON 1/31/00, 7-0)

52)  00R-4     Amending the City's resolution on local government miscel-
               laneous expenditures to clarify language; to provide for
               travel approval by department directors & 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.  (1/18/00 - 
               Placed on Pending)

WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC 
HEARING ON MONDAY, JANUARY 31, 2000. APPROVED, 7-0.

53)  00R-23    Special Permit 1135C - App. of Hugh Sieck to amend Flint
               Ridge 2nd Community Unit Plan to add 10 dwelling units 
               fronting on private roadways on property generally located 
               at S. 66th St. & South St. (In connection w/00R-24)

54)  00R-24    Accepting & approving the preliminary plat of Flint Ridge
               2nd Add. on property generally located at S. 66th St. & 
               South St. (In connection w/00R-23)

55)  00R-26    Approving a transfer of funds in the amount of $17,000 from 
               the General Fund, Department City Unassigned, Contingency 
               Division (Acct. 18001.9235) O & M transfers to General Fund,
               Department City Unassigned, General Expense Division (Acct.
               18002.5865) Minor Building Improvements for the purpose of
               constructing a restroom in the City Council/County Board 
               offices.

56)  00R-27    Use Permit 118 - App. of B & J Partnership to develop 89,700
               sq. ft. of commercial space & a reduction of the front yard
               setback on property generally located at S. Coddington Ave.
               & W. "A" St.  (In connection w/00-16, 00-17)

57)  00R-28    Special Permit 1715A - App. of Donna M. Culwell to expand 
               the permitted use of a designated landmark for a tea room 
               on the first floor of Yates House on property generally 
               located at 16th & G Sts.

58)  00R-29    Waiving the design standard conditions to allow a double
               frontage lot in The Ridge 24th Add. administrative final
               plat on property generally located between Barbara Ln. &
               Winding Ridge Rd.

59)  00R-30    Waiving the design standard conditions for the installation
               of sidewalks, paving, street trees, & street extension in 
               the Grandview Heights 1st Add. administrative final plat on
               property generally located between Pine Tree Ln. & Odgen 
               Rd., east of N. 7th St.

60)  00R-31    Accepting the report of new & pending tort claims against 
               the City & approving disposition of claims set forth therein
               for the period of Jan. 1 through 15, 2000.

61)  00R-32    Reappointing Linda Wibbels to the Board of Zoning Appeals for
               a five-year term expiring Feb. 1, 2005.

62)   00R-33   Approving a North 27th Street business area from "O" Street
               to Fair Street and the appointment of a Business Improvement
               Board.

63)  00R-34    Approving the Que Place Notch Redevelopment Agreement 
               between the City & Concord Hospitality Inc. which authorizes
               the sale of property & the development of a restaurant at 
               Lot 1, Que Place Add. to Block 36.
               (REMOVED FROM AGENDA, 7-0)

64)  00R-35    Approving a contract amendment between the City & River Oaks
               Communication for Cable Television Franchise consulting 
               services & approving the transfer of funds in the amount of
               $85,000 from the General Fund, Department City Unassigned,
               Contingency Division (Acct. 18001.9235) O & M transfers to
               General Fund, Department City Unassigned, General Expense 
               Division (Acct. 18002.5628) Consultants, for said contract
               extension.

ADJOURNMENT 3:40 P.M.


UPCOMING HEARINGS

          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.

City Council 2000 Agenda History Current History