Council Seal
City of Lincoln
City Council
Agenda

   ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
            MONDAY, FEBRUARY 14, 2000 AT 1:30 P.M.

             ALL MEMBERS PRESENT EXCEPT JOHNSON;
             SHOECRAFT ABSENT DURING VOTING SESSION.

NOTE: Next Regular City Council Meeting, Tues., Feb. 22, 2000, 6:30 p.m.

PUBLIC HEARING
LIQUOR LICENSES

 1)            App. of Lan Siu Wong dba Thai Binh for a Retail Class
               I Liquor License at 1309 L St. (ADOPTED FOR
               APPROVAL, 5-0; A-80012.)


PUBLIC HEARING
ORDINANCES - 2ND READING  (ITEMS 2 THRU 8 HAD PUBLIC HEARING.)

 2)  00-31     Amending Chapter 5.38 of the LMC to include
               condominiums for the purpose of ensuring compliance
               with the minimum housing standards.

 3)  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.

 4)  00-33     Change of Zone 3225 - App. of Ridge Development Co.,
               Southview, 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.

 5)  00-34     Accepting the street right-of-way for the east half of
               S. 91st St. abutting Vintage Heights
               6th Add.

 6)  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) (In connection w/00-35, 00-36)

 7)  00-35     Amending Sec. 9.16.230 of the LMC to define "nudity",
               to make it unlaw-ful for a person to appear in any
               public place in a state of nudity, & providing
               exceptions thereto.  (In connection w/00-14, 00-36)

 8)  00-36     Amending Chapter 9.16 of the LMC to add Sec. 9.16.240 
               banning sexual contact in businesses.  (In connection
               w/00-14, 00-35)

PUBLIC HEARING - RESOLUTIONS

 9)  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. (ADOPTED, 5-0; A-80013.)

10)  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.
               (LOST, 0-5; #38-4326.)

11)  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. (ADOPTED, 5-0; A-80014.)

12)  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. (ADOPTED, 5-0; A-80015.)

13)  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. 
               (ADOPTED, 5-0; A-80016.)

14)  00R-45    Appointing Diana Pasco to the Community Development
               Task Force to fulfill an unexpired term through
               8/31/2000. (ADOPTED, 5-0; A-80017.)

15)  00R-46    Appointing James R. "Jim" Johnson to the Cable
               Advisory Board to fulfill an unexpired term through
               7/1/2001. (ADOPTED, 5-0; A-80018.)

16)  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. (AMENDED TO REMOVE CLAIM OF DAVID A.
               HENRY FOR FURTHER CONSIDERATION ON 2/22/00; 4-1; CAMP
               DISSENTING; ADOPTED, 5-0; A-80019.)

PETITIONS & COMMUNICATIONS

17)            THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT:
               Change of Zone 3232 - App. of Mike Rierden for a text
               change to LMC
                    Sec. 27.63.700.
               Change of Zone 3236 - App. of Patterson Estates, Inc.
               for a change from
                    AG Agricultural to I-1 Industrial on property
                    generally located at 98th & Hwy. 6.
               Change of Zone 3237 - App. of Jon Carlson for a text
               change to LMC Secs.
                    27.17.090, 27.19.080(d)(1)(3), 27.19.080(a),
                    27.19.090, 27.21.080(a), 27.21.080(e), 27.21.090,
                    27.23.080(a), 27.23.090, 27.24.080(a) &
                    27.24.090.
               Special Permit 1818 - App. of L. Vince Cornell to park
               & display vehicles 
                    in sideyard & display vehicles in front yard for
                    existing auto sales on property generally located
                    at 700 W. "O" St.
               Special Permit 1823A - App. of NEBCO, Inc. to amend
               Sp. Permit 1823 to
                    exceed the max. height permitted in the district
                    on property generally located at 6th &
                    Charleston.
               Special Permit 1829 - App. of Westminster Presbyterian
               Church to increase
                    bldg. footprint for Church at 2110 Sheridan Blvd.
               Special Permit 1830 - App. of Richard Speidell for a
               new community unit
                    plan on property generally located at Mandarin
                    Cir., near Pioneers & 84th St.

18)   MISCELLANEOUS REFERRALS

               Setting hearing date of Mon., Feb. 28, 2000 at 1:30
               p.m. on the Man. App. of Daniel C. Smith for B & R
               Stores, Inc. dba Russ's Bishop Heights IGA at 4200 S.
               27th St. (ADOPTED, 5-0; A-80020.)

               App. of St. Patrick's Festival at 6126 Morrill to
               conduct a raffle within the City of Lincoln.
               (HEARING DATE SET FOR TUES., FEB. 22, 2000,
               AT 6:30 P.M., 5-0.)

               Report from City Treasurer of Telecomm. Occ. Tax due
               for the months of April thru Dec., 1999 from Nebraska
               Technology & Telecomms., Inc. (PLACED ON FILE)

               Formal Paving Petition for 72nd St. from Havelock Ave.
               to Morrill Ave. submitted by Gertrude & Merlin Dana.
               (REFERRED TO LAW DEPT.)


REPORTS OF CITY OFFICERS

19)            Clerk's Letter & Mayor's Approval of Ordinances &
               Resolutions passed on Jan. 31, 2000. (PLACED ON FILE)

20)            Investment of Funds. (ADOPTED, 5-0; A-80021.)

21)            Reports from City Treasurer of Telecomm. Occ. Tax due
               as follows: Oct. - Dec., 1999: Zenex Long
               Distance; Nov., 1999: MCI Telecomms. Corp.
               (amended return); Jan., 2000: One Call Comms.
               (PLACED ON FILE)


ORDINANCES - 1ST READING
     (ITEMS 22 THRU 30 HAD 1ST READING)

22)  00-38     Amending Sec. 25.03.190 of the LMC to increase the
               fees for a HVAC Journeyman examination from $30.00 per
               test to $50.00 per test.

23)  00-39     Renaming S. 22nd St. between Ridgeline Dr. & Hazel
               Scott Dr. as "Shadow Ridge Rd."

24)  00-40     Amending the corporate limits of the City by annexing
               approx. 50.51 acres of property generally located at
               N. 33rd St. & Folkways Blvd.  (In connection w/00R-55,
               00R-56, & 00-41)

25)  00-41     Change of Zone 3200 - App. of North 33rd St. L.L.C.
               for a change from R-3 Residential to B-2 Planned
               Neighborhood Business & I-3 Employment Center on
               property generally located at N. 33rd St. & Folkways
               Blvd.  (In connection w/00R-55, 00R-56, & 00-40)

26)  00-42     Change of Zone 3231 - App. of Regal Building Systems,
               Inc. for a change from R-3 to R-4 Residential on
               property generally located at N. 24th & Dodge Sts. 
               (In connection w/00R-51, 00R-52, 00R-53)

27)  00-43     Change of Zone 3233 - App. of Hampton Development
               Services for a change from R-3 to R-4 Residential on
               property generally located at N. 23rd St. & Fletcher
               Ave.  (In connection w/00R-54)

28)  00-44     Change of Zone 3221 - App. of the City for a change
               from P Public to I-1 Industrial & from I-1 Industrial
               to P Public on property generally located at N. 6th &
               Charleston Sts.  (In connection w/00-45, 00-46, 00R-57,
               00R-58, 00R-59, 00R-60, 00R-61)

29)  00-45     Approving a Ballpark Facilities Lease Agrmt. between
               the City & the Board of Regents of the University of
               Nebraska & NEBCO, Inc. as tenants for City owned
               property in the Lincoln Ballpark Add. for a period of
               35 years with an option to extend the lease for 7
               additional terms of 5 years each.  (In connection
               w/00-44, 00-46, 00R-57, 00R-58, 00R-59, 00R-60, 00R-61)

30)  00-46     Approving the transfer of appropriations related to
               the Lincoln Ballpark Proj. in the amount of $871,585
               from Relocation of Engineering Services to City Tow-in
               Lot ($200,000) and 901/1001 Storm Sewer ($671,585);
               chang-ing funding descriptions to eliminate revenue
               bonds as a funding source; & transferring $270,000 in
               appropriations from project contingency to Addi-tional
               Road & Access Needs.  (In connection w/00-44, 00-45,
               00R-57, 00R-58, 00R-59, 00R-60, 00R-61)


RESOLUTION - FOR COUNCIL ACTION - HAD PUBLIC HEARING

31)  00R-31    Accepting the report of the Realty Center Tort Claim
               filed against the City & approving the disposition of
               said claim. (ADOPTED, 5-0; A-79995A.)


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

32)  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)  (2/7/00 - Action delayed
               1 week to 2/14/00) (ACTION DELAYED 1 WEEK TO 2/22/00, 5-0.)

33)  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)  (2/7/00 - Action delayed 1 week to
               2/14/00)  (ACTION DELAYED 1 WEEK TO 2/22/00, 5-0.)

34)  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)  (2/7/00 - Action delayed 1 week to
               2/14/00) (ACTION DELAYED 1 WEEK TO 2/22/00, 5-0.)

35)  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." (PASSED, 5-0; #17606.)

36)  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." (PASSED, 5-0; #17607.)

37)  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." (PASSED, 5-0; #17608.)

38)  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. 
               (PASSED, 5-0; #17609.)

39)  00-27     Vacating W. "E" St. between S.W. 6th & S. Folsom Sts.
               (ACTION DELAYED 1 WEEK TO 2/22/00, 5-0.)

40)  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) (ACTION DELAYED 1 WEEK TO 2/22/00, 5-0.)

41)  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)
               (ACTION DELAYED 1 WEEK TO 2/22/00, 5-0.)

42)  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) 
               (ACTION DELAYED 1 WEEK TO 2/22/00, 5-0.)

43)  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) 
               (2/7/00 - Action delayed 1 week to 2/14/00)
               (ACTION DELAYED 1 WEEK TO 2/22/00, 5-0.)

PENDING LIST (EXTENDED ONE WEEK.)

44)  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)

45)  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)

46)  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)

47)  97-122    Amending Sec. 5.04.060 of the LMC to prohibit issuance
               of special desig-nated  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)

48)  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) 

49)  99R-289   Comp. Plan Amendment 94-38 - App. of the Planning
               Director to incor-porate 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)

50)  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)

51)  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)

52)  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)

53)  99R-134   Approving a recommendation that the Mayor amend
               Administrative Regula-tion #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)

54)  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 gener-ally
               located at S. 49th St. & Lowell Ave.  (6/1/99 - Placed
               on Pending)

55)  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)

56)  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)

57)  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)

58)  00R-4     Amending the City's resolution on local government
               miscellaneous expend-itures 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 TUESDAY, FEBRUARY 22, 2000.(APPROVED, 5-0.)

59)  00R-48    Amending the Pedestrian/Bicycle Advisory Committee to
               allow all 14 members of the Committee to be appointed
               by the Mayor.

60)  00R-49    Approving an Interlocal Agrmt. between the City & the
               County Cooperative Extension for education programs on
               solid waste management & recycling.

61)  00R-50    Special Permit 1781 - App. of Gerald Maddox to develop
               Northview 1st C.U.P. consisting of 122 attached single
               family dwelling units on property generally located at
               N. 24th & Dodge Sts.  (In connection w/00-42, 00R-51,
               00R-52, 00R-53)

62)  00R-51    Special Permit 1820 - App. of Regal Building Systems
               to develop 128 elderly dwelling units, a 60 person
               domiciliary care facility, with a waiver of the height
               limit from 35' to 43', on property generally located
               at N. 24th & Dodge Sts.  (In connection w/00-42, 00R-50,
               00R-52, 00R-53)

63)  00R-52    Special Permit 1821 - App. of Regal Building Systems
               to construct an early childhood care facility for 118
               children on property generally located at N. 24th &
               Dodge Sts.  (In connection w/00-42, 00R-50, 00R-51,
               00R-53)

64)  00R-53    Accepting & approving the Pre. Plat of Northview 1st
               Add. & to waive the design standards to allow non-
               perpendicular lot lines on property generally located
               at N. 24th & Dodge Sts.  (In connection w/00-42, 00R-50,
               00R-51, 00R-52)

65)  00R-54    Special Permit 1828 - App. of Hampton Development
               Services to develop an elderly care facility with 140
               dwelling units, an assisted living facility for 205
               persons, & a child care facility for 120 children,
               along with a waiver of design standards to increase
               the height limit from 35' to 50' & a reduction of the
               front yard setbacks on property generally located at
               N. 23rd & Fletcher Ave.  (In connection w/00-43)

66)  00R-55    Use Permit No. 123 - App. of North 33rd St. L.L.C. to
               develop 136,000 sq. ft. of retail space, 204,000 sq.
               ft. of office space, & 751,000 sq. ft. of
               industrial/warehouse space, on property generally
               located at N. 33rd St. & Folkways Blvd.  (In
               connection w/00-40, 00-41, & 00R-56)

67)  00R-56    Accepting & approving the Pre. Plat of Landmark
               Corporate Center for 40 commer-cial/industrial lots &
               three outlots with associated waivers on property
               generally located at N. 33rd St. & Folkways Blvd.  (In
               connection w/00-40, 00-41, & 00R-56)

68)  00R-57    Comp. Plan Amendment 94-46 - Amending the Land Use
               Plan to change land use from Parks & Open Space &
               Industrial to Public & Semi-Public & amending
               associated text on property generally located at N.
               6th & Charleston Sts.  (In connection w/00-44, 00-45,
               00-46, 00R-58, 00R-59, 00R-60, 00R-61)

69)  00R-58    Special Permit 1822 - App. of NEBCO, Inc. for
               authority to sell alcoholic beverages for consumption
               on the premises at the Lincoln Ballpark generally
               located south of Charleston St., west of N. 6th St. 
               (In connection w/00-44, 00-45, 00-46, 00R-57, 00R-59,
               00R-60, 00R-61)

70)  00R-59    Accepting & approving the Pre. Plat of Lincoln
               Ballpark with waivers of the subdivision requirements
               for sidewalks, street trees, on-site stormwater
               detention, & a 2% approach grade at the Salt Creek
               Bridge on property generally located south of
               Charleston St., west of N. 6th St.  (In connection
               w/00-44, 00-45, 00-46, 00R-57, 00R-58, 00R-60, 00R-61)

71)  00R-60    Approving amendments to the Ballpark Interlocal Agrmt.
               & Memorandum of Agrmt. between the City, Board of
               Regents of the University of Nebraska, the Lincoln-
               Lancaster County Railroad Transportation District &
               NEBCO, Inc. to correlate with the Ballpark Lease &
               Construction Agreements by moving a reference to
               parking, change a reference to Administrative
               Agreements, & deleting a reference to the Corollary
               Site.  (In connection w/00-44, 00-45, 00-46, 00R-57,
               00R-58, 00R-59, 00R-61)

72)  00R-61    Approving a Construction Agrmt. authorized by the
               Ballpark Interlocal Agrmt. for the Board of Regents of
               the University of Nebraska & NEBCO, Inc. to pay for &
               construct Ballpark facilities & for the City to pay
               for & construct related public works facilities for
               the Lincoln Ballpark Project.  (In connection w/00-44,
               00-45, 00-46, 00R-57, 00R-58, 00R-59, 00R-60)


ADJOURNMENT  4:55 P.M.


UPCOMING HEARINGS

     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.

     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.

     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.

     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.

     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.


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