Council Seal
City of Lincoln
City Council
Agenda

              ACTION from the Regular City Council Meeting Held
                    Monday, February 28, 2000 at 1:30 p.m.

                 ALL MEMBERS PRESENT.

    MAYOR'S AWARD OF EXCELLENCE - NO PRESENTATION.

PUBLIC HEARING LIQUOR LICENSES

 1)            Man. App. of Daniel C. Smith for B & R Stores, Inc. dba 
               Russ's Bishop Heights IGA at 4200 S. 27th St.
               (ADOPTED FOR APPROVAL, 7-0; A-80039.)


PUBLIC HEARING ORDINANCES - 2ND READING
(ITEMS 2-8 HAD PUBLIC HEARING.  SEE ITEM 3.)

 2)  00-47     Change of Zone 3229 - App. of TRG Consulting, L.L.C. for a
               change from R-2 to R-4 Residential on property generally
               located northwest of the intersection of S. 56th St. & 
               Pioneers Blvd.  (In connection w/00R-65)

 3)  00-48     Change of Zone 3234 - App. of E.D.C. for a change from AG
               Agricultural to R-3 Residential on property generally
               located at Gunnison & Breckenridge north of the old Fletcher
               alignment, ½ mile west of N. 27th St. 
               (RULES SUSPENDED TO HAVE 3RD READING ON THIS DATE, 7-0;
               PASSED, 7-0; #17620.)

 4)  00-49     Change of Zone 3235 - App. of the Planning Director for a
               change from I-2 Industrial Park to P Public Use on property
               generally located at S. 14th St. & Radcliff St.

 5)  00-50     Vacating the east-west alley located between 5th & 6th Sts.
               from "G" to "H" Sts.

 6)  00-51     Vacating the east-west alley in the block bounded by N. 17th
               St., "R" St., N. 18th St., & "Q" St.

 7)  00-52     Vacating Cooper Ave. west from the west right-of-way line of
               S. 52nd St. approx. 158' to the west line of the north/south
               alley.

 8)  00-53     Amending Chapter 8.08 of the LMC, the Ambulance Transporta-
               tion Code, to allow an extension of a current certificate of
               public convenience & necessity for a period not to exceed
               two years.

PUBLIC HEARING - RESOLUTIONS

 9)  00R-62    Approving appropriations in the amount of $37,355 from the
               operation of Keno lottery for various human services.
               (ADOPTED, 7-0; A-80040.)

10)  00R-63    Special Permit 773A - App. of Lincoln Housing Authority to
               revise & expand a parking lot on property generally located
               at 57th & "R" Sts.  (ADOPTED, 7-0; A-80041.)

11)  00R-65    Special Permit 1824 - App. of TRG Consulting to construct a
               domiciliary care facility of 98 units for 102 residents on
               property generally located northwest of the intersection of
               S. 56th St. & Pioneers Blvd.  (In connection w/00-47)
               (ACTION DELAYED 1 WEEK TO 3/6/00, 7-0.)

12)  00R-66    Approving an Interlocal Agrmt. between the City & County for
               health care consulting services & the preparation of
               requests for proposals for health care coverage.
               (ADOPTED, 7-0; A-80042.)

13)  00R-67    Accepting the report of new & pending tort claims against
               the City & approving disposition of claims set forth therein
               for the period of Feb. 1 through 15, 2000. (ADOPTED, 7-0;
               A-80043.)

14)  99R-68    Appointing Third World Oforah & Scott Sullivan to the Urban
               Design Committee for terms expiring Feb. 1, 2001 & Feb. 1,
               2002 respectively.  (ADOPTED, 7-0; A-80044.)

15)  99R-69    Reappointing Dennis Scheer, Kim Todd, Philip Perry, Joanne
               Kissel, & Gordon Scholz to the Urban Design Committee for
               terms expiring Feb. 1, 2001, Feb. 1, 2002, Feb. 1, 2002,
               Feb. 1, 2003, & Feb. 1, 2003 respectively. 
               (ADOPTED, 7-0; A-80045.)

16)  00R-70    Approving the N. 33rd St. Infrastructure Agrmt. between the
               City & Northridge Heights Partners, Ridge Devleopment Co.,
               Lancaster County School Dist. 001, Knox Associates, Superior
               Pointe Partners, North Thirty-Third L.L,C., & Dennis R.
               Schworer for the design & construction of the extension of
               N. 33rd St. to its Terminus. (ADOPTED, 7-0; A-80046.)

17)  00R-64    Special Permit 1423C - App. of Dru, Guy, & David Lammle to
               amend the Himark Estates C.U.P. to add land, increase the
               assigned number of dwelling units from 240 to 300 multi-
               family dwelling units, & to approve the site plan for the
               multiple family area, on property generally located at
               the northeast corner of S. 84th St. & Old Cheney Rd.
               (2/22/00 - PUB. HEARING CONT'D TO 3/13/2000.)

PETITIONS & COMMUNICATIONS

18)   MISCELLANEOUS REFERRALS


REPORTS OF CITY OFFICERS

19)            Clerk's Letter & Mayor's Approval of Ordinances &
               Resolutions passed on Feb. 7, 2000. (PLACED ON FILE)

20)            Investment of Funds beginning Feb. 18, 2000.
               (ADOPTED, 7-0; A-80048.)

21)            Investment of Funds beginning Feb. 11, 2000.
               (ADOPTED, 7-0; A-80049.)

22)            Reports from City Treasurer of Telecomm. Occ. Tax due for
               the month of Jan., 2000 from:  Comdata Telecomms., Tri-M
               Comms., Stormtel Inc., RSL Com USA, Equality Inc., Incomnet
               Comms.,Operator Comms., & Worldtel Services. (PLACED ONFILE)


ORDINANCES - 1ST READING   (ITEMS 23 THRU 26 HAD 1ST READING.)

23)  00-54     Amending Secs. 2.76.150 & 2.76.160 of the LMC to remove the
               requirement that pay increases for exceptional service be
               approved by the Mayor & to provide that the Director of
               Personnel approve such pay increases with annual reports
               sent to the Mayor.

24)  00-55     Amending Sec. 3 of Ord. 17394 relating to the pay schedules
               of employees whose classifications are assigned to the pay
               range prefixed by the letter "C" by creating the job classi-
               fication of "Environmental Laboratory Specialist II";
               changing the job classification title of "Environmental
               Technician Supervisor" to "Environmental Specialist III";
               changing the job classification title of "Utility Plant
               Equipment Supervisor" to "Facility Maintenance Supervisor";
               & changing the class code & title of "5318 Environmental
               Laboratory Technician" to "5290   Environmental Laboratory
               Specialist I".

25)  00-56     Amending Sec. 5 of Ord. 17394 relating to the pay schedules
               of employees whose classifications are assigned to the pay
               range which is prefixed by the letter "N" by creating the
               job classifications of "Maintenance Operator" & Maintenance
               Operator II"; changing the job classification title of
               "Environmental Technician I" to "Environmental Specialist
               I"; & changing the job classification title of "Environ-
               mental Technician II" to "Environmental Specialist II." 

26)  00-57     Authorizing the issuance of small tax allocation bonds in
               multiple series.

ORDINANCES - 3RD READING 

27)  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.  
               (ACTION DELAYED FOR 1 WEEK TO 3/6/00, 7-0.)

28)  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.  (PASSED, 7-0; #17621.)

29)  00-39     Renaming S. 22nd St. between Ridgeline Dr. & Hazel Scott Dr.
               as "Shadow Ridge Rd." (PASSED, 7-0; #17622.)


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

30)  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)
               (PASSED, 7-0; #17623.)

31)  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) (PASSED, 7-0; #17624.)

32)  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)
               (ADOPTED, 7-0; A-80050.)

33)  00R-56    Accepting & approving the Pre. Plat of Landmark Corporate
               Center for 40 commercial/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) (ADOPTED, 7-0; A-80051.)

34)  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) (PASSED, 7-0; #17625.)

35)  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.  (In connection 
               w/00-43) (ADOPTED, 7-0; A-80052.) 

36)  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) (PASSED, 6-1; MCROY DISSENTING; #17626.)

37)  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 ato 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) (SUBSTITUTE LEASE ACCEPTED, 6-1;
               MCROY DISSENTING; PASSED, 6-1; MCROY DISSENTING; #17627.)

38)  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) & 901/1001 Storm Sewer ($671,585); changing
               funding descriptions to eliminate revenue bonds as a funding
               source; & transferring $270,000 in appropriations from
               project contingency to Additional Road & Access Needs.
               (In connection w/00-44, 00-45, 00R-57, 00R-58, 00R-59,
               00R-60, 00R-61) (SUBSTITUTE ORDINANCE ACCEPTED, 6-1; MCROY
               DISSENTING; PASSED, 6-1; MCROY DISSENTING; #17628.)

39)  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) (ADOPTED, 6-1; MCROY DISSENTING; A-80053.)

40)  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-59, 00R-60, 00R-61) (ADOPTED, 6- 1; MCROY
               DISSENTING; A-80054.)

41)  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)
               (AMENDED, 6-1; MCROY DISSENTING; ADOPTED, 6-1; MCROY
               DISSENTING; A-80055.)

42)  00R-60    Approving amendments to the Ballpark Interlocal Agrmt. &
               Memo. of Agrmt. between the City, Board of Regents of the
               University of Nebraska, the Lincoln-Lancaster County Rail-
               road Transportation District & NEBCO, Inc. to correlate with
               the Ballpark Lease & Construction Agrmts. by moving a
               reference to parking, change a reference to Administrative
               Agrmts., & deleting a reference to the Corollary Site. 
               (In connection w/00-44, 00-45, 00-46, 00R-57, 00R-58, 
               00R-59, 00R-61) (SUBSTITUTE AGRMT. ACCEPTED, 6-1; MCROY
               DISSENTING; ADOPTED, 6-1; MCROY DISSENTING; A-80056.)

43)  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 Proj.  (In
               connection w/00-44, 00-45, 00-46, 00R-57, 00R-58, 00R-59,
               00R-60)  (SUBSTITUTE AGRMT. ACCEPTED, 6-1; MCROY DISSENTING;
               ADOPTED, 6-1; MCROY DISSENTING; A-80057.)

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 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)

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 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)

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 Administra-
               tive Regulation #9 to allow for the creation & implementa-
               tion 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 generally located at S. 49th St. &
               Lowell Ave.  (6/1/99 - Placed on Pending)

55)  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)

56)  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)

57)  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)

58)  00-31     Amending Chapter 5.38 of the LMC to include condominiums
               for the purpose of ensuring compliance with the minimum 
               housing standards.  (2/22/00 - Placed on Pending till 
               3/6/00 for 3rd Reading w/Pub. Hearing)

59)  00-35     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, & providing exceptions thereto. 
               (2/22/00 - Placed on Pending until a Supreme Court Case
               Decision)

NO RESOLUTIONS FOR INTRODUCTION ON FEBRUARY 28, 2000 FOR PUBLIC
     HEARING ON MARCH 6, 2000.


ADJOURNMENT    4:35 P.M.


UPCOMING HEARINGS

     Hearing date of Mon., March 6, 2000 at 1:30 p.m. on the App. of 
     Benchmark Redevelopment, Inc. dba "Buzzard Billy's Armadillo 
     Bar-N-Grill-O" for a Retail Class "C" Liquor License at 247 N.
     8th St., Ste. 101.

     Hearing date of Mon., March 6, 2000 at 1:30 p.m. on the App. of 
     Brinker Restaurant Corp. dba "Romano's Macaroni Grill" for a Retail
     Class "C" Liquor License at 6800 S. 27th St.

     Hearing date of Mon., March 6, 2000, at 1:30 p.m on the Man. App. of
     Irene K. Hunt for "Guitars & Cadillacs" at 5400 O St.

18)  MISCELLANEOUS REFERRALS

     Setting Hearing date of Mon., March 13, 2000 at 1:30 p.m. on the
     Request of Demetrios & Kimbe Meares dba Yia Yia's Pizza/Club 1427 for
     a deletion to their licensed premise at 1423-1427 "O" St. 
     (ADOPTED, 7-0; A-80047.)

     Reports from City Treasurer of Telecomms. Occ. Tax due for the month
     of Jan., 2000 from: Airtime SMR, D & D Comms., Network Internat'l,
     Nextel West Corp., NOS Comms., Long Distance of Michigan, LDM Systems,
     Glyphics Comms., GTC Telecom, UniDial Comms., Nextlink Long Distance
     Services, NOSVA Ltd. Partnership, Global Telephone Corp., Primus
     Telecomms., Trans National, Affinity Network, Network Billing
     Systems, Globalcom, GST Net, Telco Development Group, Atlas Comms.,
     & Western Union Comms. (PLACED ON FILE)

     THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.:
     Special Permit 1818 - App. of Red Star Auto to park & display vehicles
        in sideyard & frontyard for existing auto sales at 700 W. "O" St.
     Change of Zone 3232 - App. of Mike Rierden for a text change to LMC
        Sec. 27.63.700.
     Change of Zone 3237 - App. of Jon Carlson for various text changes
        to Title 27 of the LMC.
     Change of Zone 3240 - App. of High Pointe LLC for a change from R-3
        to H-3 on property at N. 27th St. & I-80.
     Change of Zone 3241 - App. of Pearle Finigan for a change from AG to
        AGR on property at 84th & Waverly.

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