Council Seal
City of Lincoln
City Council
Agenda

  ACTION From The Regular City Council Meeting Held
            Monday, January 31, 2000 At 1:30 p.m.

             ALL MEMBERS PRESENT.

PUBLIC HEARING LIQUOR LICENSES

 1)            App. of Lincoln Holdings, Ltd. dba Yia Yia's for a Class C 
               liquor license at 1423 O St. 
               (ADOPTED FOR APPROVAL, 6-0; FORTENBERRY ABSENT; A-79985.)

 2)            Man. App. of Nader Sepahpur for Lincoln Holdings, Ltd. dba 
               Yia Yia's at 1423 O St. 
               (ADOPTED FOR APPROVAL, 6-0; FORTENBERRY ABSENT; A-79986.)

 3)            App. of Benicio C. Lobo dba Zapata Mexican Restaurant-Cantina
               for a Retail Class I Liquor License at 815 "O" St. 
               (ADOPTED FOR APPROVAL AS AMENDED, 5-2; FORTENBERRY & JOHNSON
               DISSENTING; A-79987.)


PUBLIC HEARING ORDINANCES - 2ND READING
(ITEMS 4 THRU 11 HAD PUB. HEARING.)

 4)  00-14     Amending Sec. 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.  (PLACED ON PENDING
               FOR 2 WEEKS W/CONT'D PUB. HEARING & ACTION ON 2/14/00, 6-0;
               SHOECRAFT ABSENT.)

 5)  00-15     Amending Sec. 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.

 6)  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)

 7)  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 connec-tion w/00-16, 00R-27)

 8)  00-18     Change of Zone 3230 - Amending Sec. 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.

 9)  00-19     Change of Zone 3223 - Amending Sec. 27.07.080 of the LMC to 
               allow for county road right-of-way to be included in lot 
               area under certain circumstances.

10)  00-20     Change of Zone 3226 - App. of Brian D. Carstens & Assoc. for 
               a change from I-2 Industrial Park to H-3 Hwy. Commercial on 
               property generally located at approx. W. Commerce Way & W. 
               Bond St., near NW 12th St.

11)  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.

PUBLIC HEARING - RESOLUTIONS

12)  99R-374   Vacating Hackberry Ln. between Anthony Ln. & E. Hillcrest 
               Dr., located in the three-mile jurisdiction of the City. 
               (ADOPTED FOR DENIAL, 7-0; A-79988.)

13)  00R-23    Special Permit 1135C - App. of Hugh Sieck to amend Flint 
               Ridge 2nd C.U.P. to add 10 dwelling units fronting on 
               private roadways on property generally located at S. 66th 
               St. & South St. (In connection w/00R-24) 
               (ADOPTED, 7-0; A-79989.)

14)  00R-24    Accepting & approving the Pre. Plat of Flint Ridge 2nd Add.
               on property generally located at S. 66th St. & South St. 
               (In connection w/00R-23) (ADOPTED, 7-0; A-79990.)

15)  00R-26    Approving a transfer of funds in the amount of $17,000 from 
               the General Fund, Department City Unassigned, Contingency
               Div. (Acct. 18001.9235) O & M transfers to General Fund, 
               Department City Unassigned, General Expense Div. (Acct. 
               18002.5865) Minor Building Improvements for the purpose of 
               constructing a restroom in the City Council/County Board 
               offices.(ADOPTED, 5-2; SENG & SHOECRAFT DISSENTING; A-79991.)

16)  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)
               (ACTION DELAYED 1 WEEK TO 2/7/00, 7-0.)

17)  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. (ADOPTED, 7-0; A-79992.)

18)  00R-29    Waiving the design standard conditions to allow a double 
               frontage lot in The Ridge 24th Add. Admin. Final Plat on 
               property generally located between Barbara Ln. & Winding 
               Ridge Rd. (ADOPTED, 7-0; A-79993.)

19)  00R-30    Waiving the design standard conditions for the installation 
               of sidewalks, paving, street trees, & street extension in 
               the Grandview Heights 1st Add. Admin. Final Plat on property 
               generally located between Pine Tree Ln. & Ogden Rd., east of 
               N. 7th St. (ADOPTED, 7-0; A-79994.)

20)  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.  
               (AMENDED, 7-0; ADOPTED, 7-0; A-79995.)

21)  00R-32    Reappointing Linda Wibbels to the Board of Zoning Appeals 
               for a 5-yr. term expiring Feb. 1, 2005. 
               (ADOPTED, 7-0; A-79996.)

22)   00R-33   Approving a N. 27th St. business area from "O" St. to Fair
               St. & the appointment of a Business Improvement Board. 
               (ADOPTED, 7-0; A-79997.)

23)  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 Div. (Acct. 18001.9235) O & M transfers to 
               General Fund, Department City Unassigned, General Expense 
               Div. (Acct. 18002.5628) Consultants, for said contract 
               extension. (ADOPTED, 7-0; A-79998.)

PETITIONS & COMMUNICATIONS

24)            Request for RECONSIDERATION by Council Person Shoecraft 
               of City Council's 1/24/00 Action on: Ord. 17596 - 
               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 AND Reso. A-79979
               - Approving a 4 yr. contract between the City & Phantom, 
               Inc. for vehicular towing & storage (was amended to extend 
               present contract for 1 yr., 1/31/2001). 
               (RECONSIDERED, 7-0; ORD. & RESO. AMENDED BACK TO THE ORIG.
               4 YR. TERM, 7-0; ORD. RE-PASSED, 6-1; FORTENBERRY DISSENTING;
               #17596; RESO. RE-ADOPTED, 6-1; FORTENBERRY DISSENTING;
               A-79979.)

25)   MISCELLANEOUS REFERRALS

REPORTS OF CITY OFFICERS

26)            Clerk's Letter & Mayor's Approval of Ordinances & Resolutions
               passed on Jan. 18, 2000. (PLACED ON FILE)

27)            Investment of Funds. (ADOPTED, 7-0; A-80000.)

28)            Approving the distribution of funds representing 
               interest earnings on short-term investments of Idle Funds 
               during the month ended Dec. 31, 1999.
               (ADOPTED, 7-0; A-80001.)

29)            Reports from City Treasurer of Telecomm. Occ. Tax due as 
               follows: Oct. thru Dec., 1999: Amerivision Comms.;
               Dec., 1999: Frontier Comm., Nextel West Corp., Sprint 
               Spectrum, Shaffer Comms., Airtime SMR, Network Internat'l, 
               NOSVA Ltd., Long Distance of Michigan, Equality, I-Link
               Comms., & Association Administrators. (PLACED ON FILE)


ORDINANCES - 1ST READING
(ITEMS 30 THRU 37 HAD 1ST READING.)

30)  00-23     Amending pay schedules of employees whose classifications
               are assigned to the pay range prefixed by the letter "A" 
               by deleting the job classification of "Civil Engineer II."

31)  00-24     Amending pay schedules of employees whose classifications
               are assigned to the pay range prefixed by the letter "M" by 
               deleting the job classification of "Civil Engineer III."

32)  00-25     Amending pay schedules of employees whose classifications 
               are assigned to the pay range prefixed by the letter "N" by 
               creating the classifications of "Parks Welder II", "Parks 
               Plumber I", & "Parks Plumber II"; by changing the class title
               of "Welder" to "Parks Welder I"; & by deleting the job 
               classification of "Print Machine Operator."

33)  00-26     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.

34)  00-27     Vacating W. "E" St. between S.W. 6th & S. Folsom Sts.

35)  00-28     Amending Title 26 of the LMC to add a section to define 
               "minimum flood corridor", to adopt the policy recommendation 
               related to the Comprehensive Stormwater Management Plan, to 
               establish a requirement for the removal of sediment from 
               streets, alleys, sidewalks, public ways, or public grounds, 
               & providing a penalty for failure to do so.  (In connection 
               w/00-29, 00-30, 00R-38)

36)  00-29     Change of Zone 3216 - Amending Title 27 of the LMC to 
               provide grading & land disturbance regulations for the AG, 
               AGR, R-1 through R-8, O-1 through O-3, R-T, B-1 through 
               B-5, H-1 through H-4, & I-1 through I-3 zoning districts.
               (In connection w/00-28, 00-30, 00R-38)

37)  00-30     Amending Chapter 20.12 of the LMC to adopt the policy 
               recommendation related to the Comprehensive Stormwater
               Management Plan.  (In connection w/00-28, 00-29, 00R-38)

ORDINANCES - 3RD READING 

38)  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 Southeast 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). 
               (PASSED, 7-0; #17599.)

39)  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.
               (PASSED, 7-0; #17600.)

40)  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. (LOST, 0-7; #38-4325.)

PENDING LIST     (EXTENDED ONE WEEK.)

41)  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)

42)  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 NEČ of Sec. 23, T10N, R6E.  
               (2/3/97 - Placed on Pending until receipt of money)

43)  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)

44)  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)

45)  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) 

46)  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)

47)  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)

48)  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)

49)  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)

50)  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)

51)  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)

52)  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)

53)  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)

54)  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)

55)  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, FEBRUARY 7, 2000.  (APPROVED, 7-0.)

56)  00R-36    Approving a contract between the City & Western Pathology 
               Consultants,  Inc. for drug & alcohol testing services.

57)  00R-37    Vacating Liberty Ln. between Dawn Ave. & Cromwell Dr. in the
               3-mile jurisdiction of the City.

58)  00R-38    Adopting the Stormwater Drainage Design Standards & related 
               City of Lincoln Drainage Criteria Manual as part of the 
               Design Standards for Sub-division Regulations.  (In 
               connection w/00-28, 00-29, 00-30)

59)  00R-39    Appointing Meredith DeCory to the Commission on Human Rights 
               to fill an unexpired term expiring Dec. 31, 2001.

ADJOURNMENT 5:05 P.M.

UPCOMING HEARINGS

     Hearing 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.

25)  MISCELLANEOUS REFERRALS

     Setting hearing date of Mon., Feb. 14, 2000 at 1:30 p.m. on the App. 
     of Lan Siu Wong dba Thai Binh for a Retail Class I Liquor License at
     1309 L St. (ADOPTED, 7-0; A-79999.)

     Reports from City Treasurer of Telecomm. Occ. Tax due as follows: 
     Nov., 1999: ATS Mobile Telephone; Dec., 1999: Sprint Comm. Co.,
     Intellicall Operator, ATS Mobile Telephone, AT&T Comms. of the Midwest,
     Telco Development Group. (PLACED ON FILE)

     Report from City Treasurer of Franchise Fees due for the quarter 
     ending Dec. 30, 1999 from TimeWarner Cable. (PLACED ON FILE)

     Formal Paving Petition submitted by Jacqueline Andersen for Paving 
     Dist. 2616 in 72nd St. from Havelock Ave. to Morrill Ave. 
     (REFERRED TO LAW DEPT.)

     THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.:
     Change of Zone 3206 - App. of Realty Trust Group for a change from AG
          to B-2 on property generally located on the southwest corner of 
          70th & Pine Lake Rd.
     Change of Zone 3207 - App. of Realty Trust Group for a change from AG
          to B-2 on property generally located on the northwest corner of 
          84th & Old Cheney Rd.
     Change of Zone 3234 - App. of Robert L. Dean for a change from AG to 
          R-3 on property generally located at N. 27th St. & Fletcher Ave.
     Change of Zone 3235 - App. of Lancaster County for a change from I-1
          to P on property at 14th St. & Dairy Dr.
     Special Permit 1827 - App. of Sprint PCS to construct a 100' monopole
          & equipment platform on property at 1346 Saunders.
     Special Permit 1773 - App. of Roger Schwisow to perform the grinding 
          & recycling of rock, asphalt & concrete as a permitted special 
          use of an I-1 Dist. on property generally located at NW 56th St.
          & W. "O" St. 
     Special Permit 1794 - App. of Sprint PCS to construct an 80' monopole
          & equipment platform on property at 445 "A" St.

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