Council Seal
City of Lincoln
City Council
Agenda

        ACTION for the Regular City Council Meeting Held
                Monday, April 24, 2000 at 6:30 p.m.

                     ALL MEMBERS PRESENT

PUBLIC HEARING
LIQUOR LICENSES

 1)  Exhibit   Application of Lincoln - P Street Catering Co., Inc. dba 
      (633K)   "Embassy Suites" for a retail Class "I" liquor license and
               liquor catering license at 1040 P Street.
               (ADOPTED FOR APPROVAL, 7-0; A-80131)

 2)  Exhibit   Manager application of Eric Jonathan Spitzer for Lincoln - P
     (633K)    Street Catering Co., Inc. dba "Embassy Suites" at 1040 P
               Street. (ADOPTED FOR APPROVAL, 7-0; A-80132)


PUBLIC HEARING ORDINANCES - 
2ND READING (ITEMS 3 THRU 12; SEE ITEMS 8 & 11)

 3)  00-74          Creating Water District No. 1179 in Plum Street from
                    Gillespie to approximately 350 feet east.

 4)  00-75          Creating Alley Paving District No. 358 in the north
                    south alley between St. Paul and Madison Streets, 49th
                    Street to 50th Street.

 5)  00-76          Creating Paving District No. 2617  in 73rd Street from
                    Cuming to Thurston Streets.

 6)  00-80          Creating Water District No. 1180  in 33rd Street from
                    Superior Street north to approximately Meridian Drive.

 7)  00-81          Creating Paving District No. 2618  in 33rd Street from
                    Superior Street north to approximately Meridian Drive.

 8)  00-82          Change of Zone 3236 - Application of Garner Industries
                    for a change of zone from AG Agricultural to I-2 
                    Industrial Park on property generally located at the 
                    southwest corner of 98th and Cornhusker Highway.  (In
                    connection W/00R-124) (SUSPENDED THE RULES TO HAVE 2ND
                    & 3RD READING THIS DATE, 7-0; PASSED, 7-0; #17654)

 9)  00-83          Change of Zone 3237 - Amending Title 27 of the
                    Lincoln Municipal Code to require that new construction 
                    in the R-4, R-5, R-6, R-7, and R-8 zoning districts 
                    conform with Neighborhood Design Standards; to adjust 
                    the area requirements for multi-family dwellings in the
                    R-5 through R-8 zoning district; to remove the R-C 
                    Residential Conservation District; to adjust the  
                    requirements for open space in the R-5 through R-8
                    zoning districts; and to add language to allow up to
                    25% of a front facade to encroach up to two feet into
                    the required front yard.  (In connection w/00R-127)

10)  00-84          Approving a Lease Agreement between the City and
                    Nebraska Golf & Turf, Inc., and Nebraska National Bank
                    for the lease of 225 golf cars and ten utility vehicles
                    for use by the City Parks and Recreation Golf Division
                    for a four-year period. (On 3rd Reading)

11)  00-85          Approving Lease Agreements with Nextel WIP Lease
                    Corporation to allow for the placement of telecommuni-
                    cation fixtures on the City's water tower on property
                    at 56th and Pine Lake Road and at N.W. 56th and W.
                    Superior Streets. (SUSPENDED THE RULES TO HAVE 2ND & 3RD
                    READING THIS DATE, 7-0; PASSED, 7-0; A-17655)

12)  00-86          Approving a Lease Agreement between the City and B&J
                    Partnership, Ltd. for the relocation of Public Works &
                    Utilities Engineering Services at 531 Westgate Blvd.
     

PUBLIC HEARING - RESOLUTIONS

13)  00R-114   Appointing D. Bert Harris to the Charter Revision
               Commission to fill an unexpired term expiring July 15, 2000.
               (ADOPTED, 7-0; A- 80133)

14)  00R-115   Appointing Barry Moore, Elaine Morgan, and Phyllis
               Bovee to the Lincoln Area Agency on Aging Advisory Council
               for terms expiring July 1, 2000, July 1, 2002, and July 1,
               2002, respectively. (ADOPTED, 7-0; A-80134)

15)  00R-116   Reappointing Barb McCabe to the Lincoln Area Agency
               on Aging Advisory Council for a term expiring July 1, 2002.
               (ADOPTED, 7-0; A-80135)

16)  00R-117   Appointing Mary Kyckelhahn, Leonard Smith, Barry
               Moore, and Bonnie Armstrong, to the Lincoln-Lancaster County
               Commission on Aging Advisory Board for terms expiring on 
               July 1, 2000, and appointing Sheryl Jordan for a term 
               	expiring July 1, 2001. (ADOPTED, 7-0; A-80136)

17)  00R-118   Reappointing Dale Nelson and Barb McCabe to the Lincoln-
               Lancaster County Commission on Aging Advisory Board for terms
               expiring July 1, 2002.  (ADOPTED, 7-0; A-80137)

18)  00R-119   Appointing Elaine Morgan, Phyllis Bovee, and Gayle 
               Mandeville to the Lincoln-Lancaster County Commission on
               Aging Advisory Board for terms expiring July 1, 2002.
               (ADOPTED, 7-0; A-80138)

19)  00R-120   Approving a four-year Contract with Von Busch and
               Sons Refuse for site management and collection services for
               the recycling drop-off sites in the City and County.
               (ADOPTED, 7-0; A-80139)

20)  00R-121   Special Permit 1794 - Application of Sprint PCS to
               construct an 85 foot monopole wireless telecommunications
               tower and associated equipment on property generally located
               at 445 "A" Street, with a waiver of the fall zone and land-
               scaping requirements. (AMENDED, 7-0; ADOPTED, 7-0; A-80140)

21)  00R-122   Special Permit 1827 - Application of Sprint PCS to
               construct a 105 foot monopole wireless telecommunications
               tower and associated equipment on property generally located
               at N. 14th St. and Saunders Ave. with a waiver of the fall
               zone and landscaping requirements. (ADOPTED, 7-0; A-80141)

22)  00R-123   Waiving the design standard conditions for the
               installation of sidewalks and street trees along W. Adams
               Street and the community water and wastewater system
               requirements for the Administrative Final Plat of West Haven
               Addition on property generally located on the north side of
               W. Adams Street between 1/4 and ½ mile west of N.W. 
               56th Street. (ADOPTED, 7-0; A-80142)

23)  00R-124   Comp. Plan Amendment 94-51 - Amending the 1994 
               Lincoln/Lancaster County Comprehensive Plan to change the
               land use from AG Agricultural to I- 2 Industrial Park on 
               property generally located at the southwest corner of 98th
               St. and Cornhusker Highway.   (In connection w/00-82)
               (ADOPTED, 7-0; A-80143)

24)  00R-126   Approving and supporting the Report and Recommendations of
               the Lancaster County Medical Society contained in the 
               document entitled "Independent Medical  Oversight for 
               Pre-Hospital Medical Care" which recommends an emergency
               and non-emergency medical system for the City.
               (PLACED ON PENDING UNTIL PROVIDER IS PICKED, 4-3;
               CAMP, FORTENBERRY, JOHNSON DISSENTING)

25)  00R-127   Amending the Neighborhood Design Standards to make the
               standards applicable to those areas zoned R-4, R-5, R-6, 
               R-7, and R-8 Residential Zoning Districts which were annexed
               prior to December 31, 1949 and are potentially eligible for 
               the National Register of Historic Places and to eliminate 
               their application to the R-C Residential Conservation 
               District. (In connection w/00-83) (ACTION DELAYED ONE WEEK
               TO 5/1/00, 7-0)

26)  00R-128   Appointing James Lamphere to the Government Access and
               Information Committee to fulfill an unexpired term through
               January 1, 2001. (ADOPTED, 7-0; A-80144)

PETITIONS & COMMUNICATIONS

          Petition to Vacate Public Way in the West "C" St. from S.W. 1st 
          Street to the Railroad signed by Lincoln Land Realty Company, 
          Paul M. Griegor. (REFERRED TO PLANNING DEPT.)
               
          Petition to Vacate Public Way in 1000 W Nance to Cornhusker
          Highway signed by Ken Ward, Le Troi Partnership. 
          (REFERRED TO PLANNING DEPT.)


27)   MISCELLANEOUS REFERRALS

          Report from City Treasurer of Telecomm. Occ. Tax due for the 
          month of Jan., Feb, Mar., 2000: Touch 1 Comm; March, 2000: Primus,
          Viatel, Trans National, Topp Telecom., Cincinnati Bell, ATS
          Mobile, AmeriVision, Atlas Comm., Matrix, Int'l Exchange, D & D
          Comm., Opex, Lincoln Celtelco,McLeodUSA, NETtel, LDM Systems, 
          Incomnet, Global, Telco Dev., Teligent, Stormtel, Glyphics, Tri-
          M, GTC, Unidial, Inacom, Comdata, NOS, Nextlink, Affinity, 
          Equality, GST, Western Union. (PLACED ON FILE)

          Report from City Treasurer of Franchise Tax for Month of March,
          2000. (PLACED ON FILE)

          Approving the distribution of funds representing interest earnings
          on short-term investments of Idle Funds during the month ended 
          March 31, 2000. (ADOPTED, 7-0; A-80146)

          Setting Hearing date of Mon., May 8, 2000 at 1:30 p.m. on the Man.
          App. of Shelly Lawson for Whitehead Oil Company dba "U-Stop 
          Convenience Shop" at 240
          N. 17th. (ADOPTED, 7-0; A-80147)

          Setting Hearing date of Mon., May 8, 2000 at 1:30 p.m. on the 
          App. of Cutch, Inc. dba "Bum Steer" or a Liquor Catering License
          at 6440 "O".  (ADOPTED, 7-0; A-80148)

          Setting Hearing date of Mon., May 8, 2000 at 1:30 p.m. on the 
          request of Namreh, Inc. dba D & D Distributor for an addition on
          their licensed premise at 5840 N. 70th St. (ADOPTED, 7-0; A-80149)

          Setting Hearing date of Mon., May, 2000 at 1:30 p.m. on the App.
          of Biagio's Inc. dba "Biagio's" for a Retail Class "I" Liquor 
          License at 500 Sun Valley Blvd.  (ADOPTED, 7-0; A-80150)


REPORTS OF CITY OFFICERS

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

29)       Investment of Funds. (ADOPTED, 7-0; A-80145)

30)       Reports from City Treasurer of Telecom. Occ. Tax due for the
          month of Feb., 2000 from: Winstar Wireless, Nebraska Technology
          & Telecomm. (PLACED ON FILE)


ORDINANCES - 1ST READING - NONE

ORDINANCES - 3RD READING

31)  00-78          Approving a contract between the City & the Lincoln
                    Haymarket Development Corp. to operate & regulate a 
                    Saturday public market in the Haymarket area from May 
                    6 thru Oct. 28, 2000. (PASSED, 7-0; #17656)

32)  00-79          Amending Sec. 9.16.240 of the LMC relating to sexual
                    contact to add locations in which this ordinance does 
                    not apply, redefining the phrase "sexual contact" & 
                    repealing 9.16.240 as hitherto existing. 
                    (PASSED, d7-0; #17657)

33)  00-84          Approving a Lease Agreement between the City and 
                    Nebraska Golf & Turf, Inc., and Nebraska National Bank 
                    for the lease of 225 golf cars and ten utility vehicles
                    for use by the City Parks and Recreation Golf Division
                    for a four-year period. (PASSED, 7-0; #17658)


PENDING LIST   (EXTENDED ONE WEEK; SEE ITEMS 42 & 48)

34)  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)

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)  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)

38)  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)

39)  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)

40)  99R-134   Approving a recommendation that the Mayor amend 
               Administrative 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)

41)  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)

42)  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) 
               (REMOVED FROM PENDING FOR ACTION ON 5/1/00, 7-0)

43)  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)

44)  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
               north-east corner of S. 84th St. & Old Cheney Rd. (3/13/00 -
               To remain on Pending)

45)  00-31          Amending Chapter 5.38 of the LMC to include condominiums
                    for the purpose of ensuring compliance with the minimum
                    housing standards.  (3/6/00 - Placed on Pending)

46)  00-65          Change of Zone 3196 - App. of the Interim Planning
                    Director for a change from B-1 Local Business & R-3
                    Residential to B-2 Planned Neighborhood Business & from
                    R-3 Residential to AGR Agricultural Residential, on
                    property generally located at S. Coddington Ave. & W.
                    Van Dorn St.  (In connection w/00-67)  (4/17/00 - 
                    Placed on Pending)

47)  00-67          Change of Zone 3247 - App. of the Interim Planning
                    Director for a change from AGR Agricultural Residential
                    & R-3 Residential to B-2 Planned Neighborhood Business,
                    on property generally located on the southwest corner 
                    of S. Coddington Ave. & W. Van Dorn St.  (In connection
                    w/00-65) (4/17/00 - Placed on Pending)

48)  00-73          Amending Sec. 10.14.200, 10.14.210, & 10.14.220 of
                    the LMC to permit U-turns at select locations when 
                    permitted by an authorized traffic control device. 
                    (REMOVED FROM PENDING FOR ACTION ON 5/1/00, 7-0)

48a) 00-72          Change of Zone 3244 - App. of Manette Kidney for a
                    change from AG Agricultural to O-2 Suburban Office on
                    property generally located at S. 84th St. & Old Cheney
                    Rd. (RECONSIDERED & PLACED ON PENDING, 7-0)

WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, MAY 1, 2000: APPROVED, 7-0

49)  00R-129   Accepting the report of new and pending claims against the
               City and approving disposition of claims set forth therein
               for the period of April 1 through 15, 2000.

50)  00R-130   Approving an additional appropriation of $500,000 for the
               pavement rehabilitation of residential streets.

51)  00R-131   Approving an Interlocal Agreement between the City, State,
               and Lower Platte South NRD for Abatement and Control of 
               Urban Construction Site Erosion and Sediment.

52)  00R-132   Special Permit 1691B - Application of Hoegemeyer-Palmer
               Construction, Inc. to amend the Shadow Pines 1st Community
               Unit Plan to adjust the rear yard setbacks from 22 feet to
               17 feet for Lots 5, 6, 7, and 8 and Outlot C, Block 2, 
               Shadow Pines Addition, generally located at Shadow Pines 
               Drive and S. 57th Street.

53)  00R-133   Special Permit 1781A - Application of Design Associates
               to amend Northview 1st Community Unit Plan to adjust the
               rear yard setbacks on the lots within proposed Block 3 and
               to adjust the lot configuration on proposed Lots 10 through
               13, Block 2, on property generally located at North 24th
               and Dodge Streets.

54)  00R-134   Approving a transfer of appropriations in the amount of 
               $68,117 from General Fund Contingency to General Fund Urban
               Development to provide matching funds for a state grant for
               start up costs for a one-stop employment center related to
               the Work Force Investment Act.


ADJOURNMENT 1:04 A.M.


UPCOMING HEARINGS

     Hearing Date of Mon., May 1, 2000 at 1;30 P.M. on the App. of Concord
     Neighborhood Corp. dba "Applebee's Neighborhood Grill & Bar" for a
     Retail Class "I" Liquor License at 1133 "Q" St.

City Council 2000 Agenda History Current History