City Council
Agenda
ACTION for the Regular City Council Meeting Held
Monday, May 22, 2000 at 1:30 p.m.
ELECTION OF CHAIRPERSON - JERRY SHOECRAFT
ELECTION OF VICE CHAIRPERSON - JEFF FORTENBERRY
NOTE: NEXT CITY COUNCIL MEETING WILL BE TUES., MAY 30, 2000 AT 6:30P.M.
PUBLIC HEARING LIQUOR LICENSES
1) Exhibit App. of O'Fourteen Inc. dba Woody's Pub to expand
437K its existing liquor license by adding an L-shaped
area approx. 62' by 50' to the west of the presently
licensed premises at 101 N. 14th St. #6.(ADOPTED FOR
APPROVAL, 6-1; MCROY DISSENTING;A-80187)
2) Exhibit App. of Indian Food Associates of Nebraska, Inc. dba
819K The Oven for an addition of their license premise at
201 N. 8th St. (ADOPTED FOR APPROVAL, 7-0; A-80188)
PUBLIC HEARING ORDINANCES - 2ND READING
(ITEMS 3 THRU 8 HAD 2ND READING)
3) 00-98 Amending the corporate limits of the City by annexing approx.
251.6 acres of property generally located at N. 84th St. &
Havelock Ave. (In connection w/00R-151)
4) 00-99 Change of Zone 3251 - Amending Secs. 27.58.010 & 27.58.020
of the Lincoln Municipal Code (LMC) to amend the reference
from "Comprehensive Plan figure 21" to "Official Zoning Map
of the City of Lincoln." (DELAY 2ND READING & PUBLIC HEARING
TO 5/30/00, 7-0)
5) 00-100 Amending Title 5 of the LMC by adding a new Chapter 5.17
pertaining to telecommunications providers using the City's
rights-of-way to establish definitions, standards, & permit
fees for the use of rights-of-way; to provide for insurance,
bonding, & construction standards for telecommunications
facilities located in rights-of-way; to establish procedures
for reviews of decisions regarding telecommunications
facilities; & to provide for enforcement of this ordinance.
6) 00-102 Amending Chapter 2.62 of the LMC relating to the Police &
Fire Pension Plan - Plan "A" by amending Section 2.62.020 to
provide for a definition of "DROP", the Deferred Retirement
Option Plan, for the Police & Fire Pension Plan "A"; & adding
a new section numbered 2.62.045 to establish the requirements
for participation by Police & Fire Pension Plan "A" members
in the Deferred Retirement Option Plan.
7) 00-103 Amending Chapter 2.65 of the LMC relating to the Police &
Fire Pension Plan - Plan "B" by amending Section 2.65.020 to
provide for a definition of "DROP", the Deferred Retirement
Option Plan for the Police & Fire Pension Plan "B"; & adding
a new section numbered 2.65.045 to establish the requirements
for participation by Police & Fire Pension Plan "B" members
in the Deferred Retirement Option Plan.
8) 00-104 Amending Chapter 2.66 of the LMC relating to the Police &
Fire Pension Plan - Plan "C" by amending Section 2.66.020 to
provide for a definition of "DROP", the Deferred Retirement
Option Plan for the Police & Fire Pension Plan "C"; & adding
a new section numbered 2.66.045 to establish the requirements
for participation by Police & Fire Pension Plan "C" members
in the Deferred Retirement Option Plan.
PUBLIC HEARING - RESOLUTIONS
9) App. of St. Thomas Aquinas Church/Newman Center to conduct a
raffle & a lottery within the City of Lincoln.
(ADOPTED, 7-0; A-80189)
10) 00R-147 Ordering Water Dist. 1179 constructed in Plum St., from
Gillespie to approx. 350' east. (ADOPTED, 7-0; A-80190)
11) 00R-148 Ordering Water Dist. 1180 constructed in 33rd St. from
Superior St. north to approx. Meridian Dr.
(ADOPTED, 7-0; A-80191)
12) 00R-149 Waiving the design standard conditions for the installation
of sidewalks for the Admin. Final Plat of Evan's Subdivision
on property generally located on the west side of S. 38th
St., north of Sewell St. (ADOPTED, 7-0; A-80192)
13) 00R-150 Approving the Corporate License Agrmt. between the City &
Novell, Inc. for the purchase of Novell licenses from an
approved partner. (PUBLIC HEARING & ACTION DELAYED ONE WEEK
TO 5/30/00, 7-0)
14) 00R-151 Approving an Annexation Agrmt. between the City, Lancaster
County Agricultural Society, Inc., & the Board of Regents
of the University of Nebraska outlining certain conditions
& understandings with regards to the annexation of approx.
251.6 acres of land generally located at N. 84th St. &
Havelock Ave. (In connection w/00-98)
(ACTION DELAYED ONE WEEK TO 5/30/00)
15) 00R-152 Approving an Agrmt. between the City & the State of Nebraska
Dept. of Roads to reconstruct Vine St. from Mahoney Dr. to
59th St. under the designation of Project Number STPP-5240(2).
(ADOPTED, 7-0; A-80193)
PETITIONS & COMMUNICATIONS
16) MISCELLANEOUS REFERRALS
Five formal Petitions for Paving with Waiver of Damages for creation
of a paving district for North 33rd Street from 27th Street to Superior
Street submitted by Lincoln Public Schools, Superior Pointe Partners,
Dennis R. Schworer, L.L.C., North Thirty-Third L.L.C., Northridge
Height Partners, & Home Realty Inc.
(REFERRED TO PLANNING)
Report from City Treasurer for franchise tax for the month of April,
2000 from UtiliCorp United. (PLACED ON FILE)
Setting Hearing date of Mon., June 5, 2000 at 1:30 p.m. on the
application of Irie, Inc. dba "Doc's Place" or a liquor catering
license at 140 N. 8th St. (ADOPTED, 7-0; A-80194)
Setting Hearing date of Mon., June 5, 2000 at 1:30 p.m. on the request
of Ben Lobo dba "Zapata Mexican Restaurant - Cantina" for an addition
of their licensed premise at 815 "O" St (ADOPTED, 7-0; A-80195).
Setting Hearing date of Mon., June 5, 2000 at 1:30 p.m. on the
application of Risky, Inc. dba "Risky's Sports Bar & Grill" for a
Retail Class "C" Liquor License at 4680 Leighton Ave.
(ADOPTED, 7-0; A-80196)
REPORTS OF CITY OFFICERS
17) Clerk's Letter & Mayor's Approval of Ordinances & Resolutions
passed on May 8, 2000. (PLACED ON FILE)
18) Applications and Request for Information Received by the City
Clerk's Office on Fri., Apr. 28, 2000 for Certificate of Public
Convenience and Necessity to Operate an Ambulance Service Within
the City of Lincoln:
1) Platte County Ambulance Co. - (No Provision for 911)
1) City of Lincoln Fire Dept. for Primary 911 Emergency Service
with American Medical Response as backup.
2) American Medical Response with Lincoln Fire Dept. for backup
911
3) City of Lincoln Fire Dept. for Primary 911 Emergency Service
with American Medical Response with Lincoln Fire Dept. for
backup 911.
1) Eastern Ambulance Service, Inc. - Lincoln dba Rural/
Metro Medical Services - Application for Certificate of
Public Convenience and Necessity Pursuant to L.M.C.
Chapter 8.08.
2) Eastern Ambulance Service, Inc. - Lincoln dba Rural/
Metro Medical Service - EMS Application.
Need motion to set Public Hearing date on the above applications
before Lincoln City Council at the Mon., June 26, 2000, City
Council meeting which begins at 5:30 p.m. (APPROVED, 7-0)
19) Investment of Funds. (ADOPTED, 7-0; A-80197)
20) Report from City Treasurer of Telecommun. Occ. Tax due as follows:
March, 2000: Aliant Cellular dba Alltel.
(PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 21 THRU 25 HAD 1ST READING)
21) 00-105 Amending Ordinance 16792 to increase the aggregate principal
amount of Electric System Revenue Commercial Paper Notes
outstanding from time to time to $125,000,000.
22) 00-106 Creating Sewer Dist. No. 1174 in Old Dairy Rd. from
27th St. west approx. 600'.
23) 00-107 Approving the Lincoln Building Skywalk Proj. between the
City & Lincoln Investment Group for the construction of a
skywalk between the Lincoln Building & the Lincoln Downtown
Senior Center.
24) 00-108 Amending Ordinance 17597 passed Jan. 24, 2000 to correct an
error in the legal description prescribing & defining the
corporate limits of the City of Lincoln.
25) 00-109 Amending Ordinance 17598 passed Jan. 24, 2000 to correct an
error in the legal description of the boundaries of the AG
Agricultural Dist. & the R-3 Residential Dist. generally
located north of Hwy. 34, south of Alvo Rd. & west of N.
1st St.
ORDINANCES - 3RD READING
26) 00-90 Approving a contract between the City, Lincoln Haymarket
Development Corp., & Downtown Lincoln Assoc. to operate &
regulate a mid-week public market in the Marketplace area at
12th St. from Q to R St. & R St. from 12th to 13th Sts.
(PASSED, 7-0; #17671)
27) 00-92 Amending the pay schedules of employees whose classifications
are assigned to the pay range prefixed by the letter "M" by
changing the title of "City Auditor" to "City Controller."
(PASSED, 7-0; #17672)
28) 00-93 Amending the pay schedules of employees whose classifications
are assigned to the pay range prefixed by the letter "A" by
deleting the titles of "Engineering Technician III" &
"Engineering Technician IV." (PASSED, 7-0; #17673)
29) 00-94 Amending the pay schedules of employees whose classifications
are assigned to the pay range prefixed by the letter "N" by
creating the classifications of "Radio System Lead Techni-
cian" & Utility Plant Mechanic II" & by deleting the classi-
fications of "Engineering Technician I," "Utility Worker,"
"Assistant Wastewater Treatment Plant Operator," & "Waste-
water Treatment Plant Operator I." (PASSED, 7-0; #17674)
30) 00-95 Amending the pay schedules of employees whose classifications
are assigned to the pay range prefixed by the letters "A" &
"C" by changing the titles from "Engineering Technician II"
to "Engineering Technician," from "Civil Engineer I" to
"Civil Engineer," from "Communications Systems Maintenance
Supervisor" to "Radio System supervisor," from "Wastewater
Treatment Plant Operator II" to "Wastewater Treatment Plant
Operator," to change the class code of "Utilities Service
Supervisor from Class Code "5335" to "1142."
(PASSED, 7-0; #17675)
31) 00-96 Amending the pay schedules of employees whose classifications
are assigned to the pay range prefixed by the letter "N" by
changing the Class Title from "Utility Plant Mechanic" to
"Utility Plant Mechanic I." (PASSED, 7-0; #17676)
PENDING LIST (EXTENDED ONE WEEK)
32) 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)
33) 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)
34) 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)
35) 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)
(REMOVED FROM PENDING FOR PUBLIC HEARING ON 5/30/00
AND ACTION ON 6/5/00, 7-0)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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, & providing exceptions thereto.
(2/22/00 - Placed on Pending until a Supreme Court Case
Decision)
41) 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.
(3/13/00 - To remain on Pending)
42) 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)
43) 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)
44) 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)
45) 00-72 Change of Zone 3245 - 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. (4/24/00
- Reconsidered & Placed on Pending)
46) 00R-126 Approving & supporting the Report & Recommendations of the
Lancaster County Medical Society contained in the document
entitled "Independent Medical Oversight for Pre-Hospital
Medical Care" which recommends an emergency & non-emergency
medical system for the City. (4/24/00 - Placed on Pending
until a Provider is picked)
47) 00-87 Change of Zone 3241 - App. of Pearle Finigan for a change
from AG Agricultural to AGR Agricultural Residential on
property generally located at the southwest corner of
84th St. & Waverly Rd. (5/15/00 - Placed on
Pending for 2 weeks to 5/30/00)
(REMOVED FROM PENDING FOR ACTION ON 5/30/00)
48) 00-101 Adopting a revised Employee's Retirement Plan to eliminate
outdated, obsolete language; to change provisions regarding
employee contributions; to provide for pre-tax contributions;
to change the vesting schedule; to eliminate provisions
relating to forfeitures of City contributions; to change
provisions regarding re-participation in the retirement plan
after a break in service with the City; & to change pro-
visions relating to early retirement. (5/15/00 - Placed on
Pending until 6/5/00 w/Public Hearing)
49) 00R-140 Approving or denying a requested transfer of the cable tele-
vision franchise from a subsidiary of Time Warner Inc. to
AOL Time Warner Inc. 5/15/00 - Placed on Pending - scheduled
for Public Hearing when removed from Pending)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON TUESDAY, MAY 30, 2000: (APPROVED, 7-0)
50) 00R-153 Accepting the report of new & pending tort claims against
the City & approving disposition of claims set forth therein
for the period of May 1 - 15, 2000.
51) 00R-154 Approving an Agrmt. between the City & South Industrial
Park, L.L.C., The Security Mutual Life Insurance Co. of
Nebraska, John Rallis, & Gary Pickering for the installation
of off-site transportation improvements in Horizon Business
Center generally located at S. 14th St. & Mockingbird Ln.
ANY PERSON DESIRING TO HAVE THEIR NAME & SUBJECT MATTER LISTED ON THE
FORMAL AGENDA PERTAINING TO MATTERS NOT ON THE CURRENT AGENDA, OR
NOT SCHEDULED TO APPEAR ON A FUTURE AGENDA, SHOULD NOTIFY THE CITY
CLERK BY 10:00 A..M. THE WEDNESDAY (5/24/00) PRIOR TO THE NEXT
FORMAL CITY COUNCIL MEETING (5/30/00).
NOTIFICATION - TO ADDRESS COUNCIL ON MAY 22, 2000.
Charles Knaus Airplanes flying over City
ADJOURNMENT 2:53 P.M.
UPCOMING HEARINGS
Hearing Date of Tues., May 30, 2000 at 6:30 p.m. on the App. of
Aquamatic, Inc. dba U-Stop Convenience Shop for a Retail Class B
Liquor License at 2700 South St.
City Council
2000 Agenda History
Current History