Council Seal
City of Lincoln
City Council
Agenda

      ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD
            MONDAY, FEBRUARY 7, 2000 AT 1:30 P.M.

	ALL MEMBERS PRESENT EXCEPT JOHNSON

MAYOR'S AWARD OF EXCELLENCE - 
(DEC., 1999 - CURT FAUST, FIRE FIGHTER, STATION #1)

PUBLIC HEARING LIQUOR LICENSES

 1)            App. of Darrell & Cheryl Walton dba The Silver Spur for a 
               Class C Liquor License at 5100 N. 48th St.   
               (ADOPTED FOR APPROVAL, 6-0; A-80002)


PUBLIC HEARING ORDINANCES - 2ND READING
(ITEMS 2 THRU 9 HAD 2ND READING)

 2)  00-23          Amending pay schedules of employees whose classifi-
                    cations are assigned to the pay range prefixed by the 
                    letter "A" by deleting the job classification of "Civil
                    Engineer II."

 3)  00-24          Amending pay schedules of employees whose classifi-
                    cations are assigned to the pay range prefixed by the 
                    letter "M" by deleting the job classification of "Civil
                    Engineer III."

 4)  00-25          Amending pay schedules of employees whose classifi-
                    cations 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."

 5)  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.

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

 7)  00-28          Amending Title 26 of the LMC to add a section to define
                    "minimum flood corridor", to adopt the policy recommend-
                    ation 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)

 8)  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)

 9)  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)


PUBLIC HEARING - RESOLUTIONS

10)  00R-36    Approving a contract between the City & Western Pathology
               Consultants, Inc. for drug & alcohol testing services. 
               (ADOPTED, 6-0; A-80003)

11)  00R-37    Vacating Liberty Ln. between Dawn Ave. & Cromwell Dr. in the
               three-mile jurisdiction of the City. 
               (ADOPTED, 6-0; A-80004)

12)  00R-38    Adopting the Stormwater Drainage Design Standards & related
               City of Lincoln Drainage Criteria Manual as part of the 
               Design Standards for Subdivision Regulations.   (In 
               connection w/00-28, 00-29, 00-30) (ACTION DELAYED FOR ONE
               WEEK TO 2/14/00, 6-0)

13)  00R-39    Appointing Meredith DeCory to the Commission on Human Rights
               to fill an unexpired term expiring Dec. 31, 2001. 
               (ADOPTED, 6-0; A-80005)

PETITIONS & COMMUNICATIONS

14)   MISCELLANEOUS REFERRALS

               Report of City Treasurer of Telecomm. Occ. Tax Report for 
               Oct. -Nov., 1999: Affinity Corp.; Dec., 1999:
               Affinity Corp., Telecom One, Hertz Tech., Innovative, Calls
               for Less, IBM Global, Broadwing, Quest, LCI Int'l.,
               GE Capital, Comdata, Citizens, Trans Nat'l, GTE, US Long 
               Distance, McLeod USA, Coast Int'l., Talk.Com, Excel, Working
               Assets,; Jan., 2000: Telecom One, Hertz Tech. 
               (PLACED ON FILE)

REPORTS OF CITY OFFICERS

15)            Clerk's Letter & Mayor's Approval of Ordinances & 
               Resolutions passed on Jan. 24, 2000. (PLACED ON FILE)

16)            Investment of Funds. (ADOPTED, 6-0; A-80011)

17)            Lincoln Water & Wastewater System Recapitulation of Daily 
               Cash Receipts for January, 2000. (PLACED ON FILE)


ORDINANCES - 1ST READING (ITEMS 18 THRU 23 HAD 1ST READING)

18)  00-31     Amending Chapter 5.38 of the LMC to include condominiums
               for the purpose of ensuring compliance with the minimum 
               housing standards.

19)  00-32     Change of Zone 3224 - Amending Title 27 of the LMC to add a 
               new Sec. 27.71.095 to permit light wells & egress windows in
               required yards.

20)  00-33     Change of Zone 3225 - App. of Ridge Development Co., South-
               view, Inc., & the Large Partnership for a change from R-3 
               Residential to O-3 Office Park & from O-3 Office Park to 
               R-3 Residential on property generally located southeast of S.
               14th St. & Yankee Hill Rd.

21)  00-34     Accepting the street right-of-way for the east half of South
               91st Street abutting Vintage Heights 6th Addition.

22)  00-35     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, and providing exceptions thereto.

23)  00-36     Amending Chapter 9.16 of the LMC to add Section 9.16.240
               banning sexual contact in businesses.


RESOLUTION - FOR COUNCIL ACTION - HAD PUBLIC HEARING

24)   00R-31   Accepting the report of the Realty Center Tort Claim filed 
               against the City & approving the disposition of said claim.
               (1/31/00 vote delayed on the Realty Center claim to 2/7/00,
               other claims adopted as reported) 
               (ACTION DELAYED FOR ONE WEEK TO 2/14/00, 6-0)


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

25)  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.  
               (PASSED, 6-0; #17601)

26)  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) 
               (ACTION DELAYED FOR ONE WEEK TO 2/14/00, 6-0)

27)  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) 
               (ACTION DELAYED FOR ONE WEEK TO 2/14/00, 6-0)

28)  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) (1/31/00 - Vote
               delayed to 2/7/00) (ACTION DELAYED FOR ONE WEEK TO 2/14/00,
               6-0)

29)  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. 
               (PASSED, 6-0; #17602)

30)  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.  (PASSED, 6-0; #17603)

31)  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. (PASSED, 6-0; #17604)

32)  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. (PASSED, 6-0; #17605)


PENDING LIST     (EXTENDED ONE WEEK; SEE ITEM #48)

33)  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)

34)  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)

35)  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)

36)  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)

37)  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) 

38)  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)

39)  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)

40)  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)

41)  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)

42)  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)

43)  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)

44)  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)

45)  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)

46)  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)

47)  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)

48)  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.  (1/31/00 - Placed on
               Pending until 2/14/00 w/Public Hearing) 
               (REMOVED FOR PUB. HEARING ON 2/14/00, 6-0)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, FEBRUARY 14, 2000.APPROVED, 6-0.

49)  00R-40    Approving an Agrmt. between the City, MUD, Lower Platte 
               North NRD, Lower Platte South NRD, & Papio-Missouri River
               NRD for programs that involve providing education & 
               technical & financial assistance in the protection of water
               quality.

50)  00R-41    Special Permit 228H - App. of Rodger Hempel to amend the 
               Capitol Beach West C.U.P. to reduce the front yard setback 
               from 19.5' to 14' for the construction of a garage addition
               at 252 W. Lakeshore Dr.

51)  00R-42    Special Permit 2281 - App. of Joan Weeks, Jack Peterson,
               John Otley, Anna Hirshman, & Jim Harman to amend the Capital
               Beach West C.U.P. to reduce the front yard setbacks from 
               19.5' to 4.73', 4.45', 2.25', 5.54', & 4.76' on property
               generally located at 332 W. Lakeshore, 412 W. Lakeshore,
               432 W. Lakeshore, 482 W. Lakeshore, & 492 W. Lakeshore, 
               respectively, for the construction of carport additions.

52)  00R-43    Comp. Plan Amendment 94-42 - Amending the Land Use Plan &
               adding text to the Comprehensive Plan regarding land use,
               infrastructure, & resources for the Wilderness Park 
               Subarea Plan.

53)  00R-44    Approving the Appointment of John Henry "Jack" Zohner to the
               Heating, Ventilating, & Cooling Examiners Board for a term 
               to expire April 4, 2002.

54)  00R-45    Approving the Appointment of Diana Pasco to the Community
               Development Task Force to fulfill an unexpired term through
               8/31/2000.

55)  00R-46    Approving the Appointment of James R. "Jim" Johnson to the
               Cable Advisory Board to fulfill an unexpired term through
               7/1/2001.

56)  00R-47    Accepting the report of New & Pending Tort Claims against
               the City & approving disposition of claims set forth therein
               for the period of Jan. 16 through 31, 2000.


ADJOURNMENT 3:40 P.M.


UPCOMING HEARINGS

          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.

14)     MISCELLANEOUS REFERRALS

     Setting Hearing date of Tues., Feb. 22, 2000 at 6:30 p.m. on the 
     request of Lazlo, Inc. dba "Empyrean Ales" for an addition of their 
     licensed premise at 6301 N. 60th. 
     (ADOPTED, 6-0; A-80006)

     Setting Hearing date of Tues., Feb. 22, 2000 at 6:30 p.m. on the Man.
     App. of Jacob Arthur North for Outback Steakhouse FL, Inc. dba 
     "Outback Steakhouse" at 633 N. 48th.  
     (ADOPTED, 6-0; A-80007)

     Setting Hearing Date of Tues., Feb. 22, 2000 at 6:30 p.m. on the Man.
     App. of Ronald L. Kiger, Jr. for "Kum & Go" at 2243 N. Cotner. 
     (ADOPTED, 6-0; A-80008)

     Setting Hearing date of Tues., Feb. 22, 2000 at 6:30 p.m. on the Man.
     App. of Ronald L. Kiger, Jr. for "Kum & Go" at 4335 N. 70th.
     (ADOPTED, 6-0; A-80009)

     Setting Hearing date of Tues, Feb. 22, 2000 at 6:30 p.m. on the App. 
     of Lisa M. Warner dba "Cornhusker Social Hall" for a Retail Class "I"
     Liquor License at 2940 Cornhusker Hwy.  (ADOPTED 6-0; A-80010)

     Formal Petition to Vacate Public Way in Antelope Creek Rd. from ease-
     ment north to south alley from the north line of Antelope Creek to the
     south line of north/south easement to east-west property line signed 
     by Darrell & Charlotte McCave. (REFERRED TO LAW DEPT.)

     Report from City Treasurer of Telecomm. Occ. Tax due for the month of
     Oct., 1999: One Star Long Distance, PNG Telecomm.; Nov., 1999:
     One Star Long Distance, PNG Telecomm.; Dec., 1999: OneStar Long
     Distance, PNG Telecomm., Qwest Comm., Lincoln Celtelco, MCI Telecomm.,
     USA Paging, Phoenix Network, US Watts; Jan., 2000: US Wats. 
     (PLACED ON FILE)

     Report of UNL Microbiologist for water testing for the month of 
     January, 2000. (PLACED ON FILE)

City Council 2000 Agenda History Current History