ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 3, 2000 AT 1:30 P.M.
ALL MEMBERS PRESENT.
STATE OF THE CITY ADDRESS - MAYOR WESELY
1) Exhibit App. of Lance Brown dba Studio 14 for a Class I
380K liquor license at 1415 "O" St, (PUB. HEARING
CONT'D & ACTION DELAYED FOR 1 WEEK TO 7/10/00, 7-0.)
2) Exhibit App. of Elleven Corp. for a special designated
209K license to cover an area measuring 120' by 70' to
the south of the NBC Center Building at 1248 "O" St.
on July 7, 2000 from 4:00 p.m. to
7:30 8:00 p.m.
(AMENDED ENDING HOUR TO 8:00 P.M., 7-0; ADOPTED
FOR APPROVAL, 6-1; SHOECRAFT DISSENTING; A-80248.)
ORDINANCES - 2ND READING (ITEMS 3 THRU 11 HAD PUBLIC HEARING.)
3) 00-117 Amending Section 2.76.160 of the Lincoln Municipal
Code (LMC) to provide that the Director of
Personnel, with the Mayor's approval, may grant
employees in pay ranges prefixed by "E" or "M"
permanent salary increases within the employee's pay
range other than on an employee's normal eligibility
date when the employee's department head presents
written evidence of unusual circumstances.
4) 00-118 Renaming Ashbrook Cir. as "Ashbrook Dr." in the
Stevens Ridge 1st Add. generally located at Stevens
Ridge Rd. & Ashbrook Cir.
5) 00-119 Vacating a portion of the S. 11th St. adjacent to
Lot 2, Van Boskirk Add., generally located at 11th &
6) 00-120 Vacating a portion of N. 18th St. between Q & R Sts.
7) 00-121 Vacating a portion of E St. from the west right-of-
way line of S. 27th St. to a line 145' west thereof.
8) 00-122 Change of Zone 3261 - App. of the Parks & Rec. Dept.
for a change from R-3 Residential to P Public Use on
property generally located at N. 14th & Superior
9) 00-123 Change of Zone 3262 - App. of the Parks & Rec. Dept.
for a change from R-1 Residential to P Public Use on
property generally located ½ mile north of Pine
Lake Rd. & west of S. 14th St.
10) 00-124 Amending Section 26.11.010 of the LMC to allow
surplus property to be conveyed to the abutting
property owner without being required to comply with
the otherwise applicable requirements of the
11) 00-125 Approving a lease of space for the City of Lincoln
at 620 N. 48th St. for a term of Sept. 1, 2000 thru
Aug. 31, 2005.
PUBLIC HEARING - RESOLUTIONS
12) App. of Lincoln Rotary Club #14 to conduct a raffle
within the City of Lincoln. (ADOPTED, 7-0; A-80249.)
13) 00R-168 Reappointing Barry Moore to the Lincoln Area Agency
on Aging Advisory Council for a 3-year term expiring
July 1, 2003. (ADOPTED, 7-0; A-80250.)
14) 00R-169 Appointing George Rowe to the Lincoln Area Agency on
Aging Advisory Council a 3-yr. term expiring July 1, 2003.
(ADOPTED, 7-0; A-80251.)
15) 00R-170 Appointing Justin Ma & Jeremy Lachance as student
members of the Parks & Rec. Advisory Board for a
term of 1 yr. from July 1, 2000 through June 30, 2001.
(ADOPTED, 7-0; A-80252.)
16) 00R-171 Approving the appointment of Lynn Johnson as
Director of the Parks & Rec. Dept.
(ADOPTED, 7-0; A-80253.)
17) 00R-172 Ordering Paving Dist. 2618 constructed in 33rd St.
from Superior St. north to approx. Meridian Dr.
(ADOPTED, 7-0; A-80254.)
18) 00R-175 Special Permit 494E - App. of William Gordon, Edward
Last, & Stephen Ravitz to amend the Harbour West
C.U.P. to add 10 mobile home units, with associated
waivers of design standards for reduced spacing
between mobile home units, reduced exterior
setbacks, & landscape screening requirement, on
property generally located at S.W. 11th & W. Peach Sts.
(ADOPTED, 7-0; A-80255.)
19) 00R-177 Special Permit 1817 - App. of Time Warner to
construct a cable television building, a waiver of
driveway design standards to reduce the minimum
separation between the driveway & the west curb line
of proposed 84th St. from 55' to 52', & a waiver to
the driveway design standards to reduce the minimum
driveway width from 25' to 18', on property
generally located at S. 84th St. & Karl Ridge Rd.
(ADOPTED, 7-0; A-80256.)
20) 00R-178 Special Permit 1843 - App. of Lora Belle M. Hanson
for authority to sell alcoholic beverages for
consumption on the premises, approving a waiver of
the design standards requiring a minimum separation
distance of 100' from a residential district or
residential use, & approving a waiver of the design
standards prohibiting doors from facing residential
districts within 150', at 2620 Stockwell St.
(PLACED ON PENDING, 7-0.)
21) 00R-179 Accepting the report of new & pending tort claims
against the City & approving disposition of claims
set forth therein for the period of June 1 - 15, 2000.
(ADOPTED, 7-0; A-80257.)
22) 00R-180 Reappointing Kathy Espejo to the City Personnel
Board for a 5-yr. term expiring on June 22, 2005.
(ADOPTED, 7-0; A-80258.)
PETITIONS & COMMUNICATIONS
23) MISCELLANEOUS REFERRALS
Setting hearing date of Mon., July 24, 2000 at 1:30 p.m. on
the App. of Marblz Corp. dba Road House Bar &
Grille/Centerpark Banquet Hall for a Retail Class I Liquor
License at 1501 Centerpark Rd. (ADOPTED, 7-0; A-80259.)
Setting hearing date of Mon., July 24, 2000 at 1:30 p.m. on
the Man. App. of Donald V. Cary III for Corporate Golf
Marketing, Inc. dba HiMark Golf Course/Bunker's Sportsbar &
Grill at 8901 Augusta Dr. (ADOPTED, 7-0; A-80260.)
Petition to Vacate Public Way in W. "N" St. from Coddington
going west approx. 300' submitted by Dennis & Mary Bade.
(REFERRED TO LAW DEPT.)
Reports from City Treasurer of Telecomm. Occ. Tax due as
follows: May, 2000: Airtime SMR, USA Paging, ATS Mobile
Telephone, Shaffer Comms., AT&T Comms. of the Midwest, Telco
Development Group, & NETtel Corp. (PLACED ON FILE)
The following were referred to the Planning Dept.:
Use Permit 64A - App. of Kensington Corp. to construct a commercial
office park at S. 16th St. & Old Cheney Rd.
Use Permit 126A - App. of Ridge Development, Large Partnership
Ltd., & Southview, Inc. to reduce the rear setback, within
Lot 4 only, from 40' to 30' which is adjacent to the golf
course & to adjust the height restriction from 35' to 45'
for the building within Lot 4 only, to be restricted to the
center entrance skylight portion.
Use Permit 131 - App. of Krein Real Estate to develop office/medical
space on property generally located at S. 56th St. & Waltz Rd.
Change of Zone 3267 - App. of Gardens Complex, L.L.C. for a change
from H-2 to O-2 on property at 4401 & 4436 "O" St.
Change of Zone 3269 - App. of Krein Real Estate for a change from
R-1 to R-T on property generally located at S. 56th St. &
Special Permit 1852 - App. of LCV, Inc. for sale of beer & wine
on property generally located at 3211 S. 13th St.
Special Permit 1853 - App. of Stephen Forbes to allow wireless
transmission equipment on building rooftop on property
generally located at 4720 Randolph St.
Special Permit 1855 - App. of Krein Real Estate to develop a
planned service commercial project on property at S. 56th
St. & Waltz Rd.
Special Permit 1856 - App. of Marsha Stork to operate a domiciliary
care facility/assisted living for elderly residents on pro-
perty generally located at the southwest corner of S. 84th &
Special Permit 1776A - App. of Paul Pfundt aka PLP, Inc. for
expansion of liquor sales for Sun Valley Bar & Grill at
Sunvalley Blvd. & W. P St.
REPORTS OF CITY OFFICERS
24) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on June 19, 2000. (PLACED ON FILE)
25) Investment of Funds. (ADOPTED, 7-0; A-80261.)
26) Approving the Distribution of Funds representing
interest earnings on Short-term Investments of Idle
Funds during the month ended May 31, 2000.
(ADOPTED, 7-0; A-80262.)
27) Reports from City Treasurer of Telecomm. Occ. Tax as
follows: Jan. - March, 2000: Zenex Long
Distance; May, 2000: Sprint Spectrum &
Intellicall Operator. (place on file)
(PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 28 & 29 HAD 1ST READING.)
28) 00-126 Amending Secs. 2.18.020 & 2.18.030 of the LMC to
increase the allowed limit for purchase of supplies
& equipment by departments without utilizing the
Purchasing Div. & the process provided therefor from
$500 to $1,500.
29) 00-127 Amending Chapter 8.08 of the LMC, the Ambulance
Transportation Code, by amending Section 8.08.050 to
allow extensions of Certificates of Public
Convenience and Necessity under circumstances as
defined in Section 8.08.051 and adding a new section
numbered 8.08.051 to allow an extension of a current
Certificate of Public Convenience and Necessity for
a period not to exceed two years. (MCROY MADE THE
MOTION "SHALL THE BILL BE REJECTED" PER RULE 3-2 OF THE
CITY COUNCIL POLICY, 4-3; CAMP, FORTENBERRY & JOHNSON
ORDINANCES - 3RD READING
30) 00-115 Amending Section 8.08.020 to provide an exception to
the requirement of a certificate of public
convenience & necessity for government providers of
service; amending Section 8.08.090 to provide
enforceable response time verification.
(PLACED ON PENDING, 4-3; CAMP, FORTENBERRY
& JOHNSON DISSENTING.)
31) 00-116 Amending Section 2.20.010 to provide that the Fire
Chief have care & control of all equipment &
management of the emergency medical services
program; adding a new section numbered 2.20.015 to
provide that emer-gency medical services & ambulance
transport be assigned to the Fire Dept.
(PLACED ON PENDING, 5-2; CAMP & JOHNSON DISSENTING.)
RESOLUTIONS - FOR COUNCIL ACTION - HAD PUBLIC HEARING
32) 00R-182 Action deferred to July 3, 2000 - RE: Special
Permit No. 1165A - To Show Cause why said Special
Permit should not be revoked for failure to comply
with the conditions of the Special Permit (1301 "H")
(COOK MOVED THAT THE PERMITTEE WAS IN COMPLIANCE
WITH THE CONDITIONS OF THE SPECIAL PERMIT & THAT THE
SPECIAL PERMIT SHOULD NOT BE REVOKED, 6-0;
PENDING LIST (EXTENDED ONE WEEK. SEE ITEM 46.)
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) 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)
35) 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)
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
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
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
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
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) 00R-140 Approving or denying a requested transfer of the
cable television 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) (REMOVED FROM PENDING
FOR PUB. HEARING & ACTION ON 7/10/00, 6-0;
48) 00-99 Change of Zone 3251 - Amending Secs. 27.58.010
& 27.58.020 of the LMC to amend the reference
from "Comprehensive Plan figure 21" to
"Official Zoning Map of the City of Lincoln."
(5/30/00 - Placed on Pending)
49) 00-106 Creating Sewer Dist. 1174 in Old Dairy Rd. from 27th
St. west approx. 600'. (5/30/00 - Placed on
50) 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. (6/12/00 - Placed on
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JULY 10, 2000: (APPROVED, 7-0.)
51) 00R-173 Authorizing a request by the City for an exception
to the State requirement of minimum lane width in E.
"O" St., 52nd St. to Wedgewood Dr.
52) 00R-174 Approving the Fiscal Year 2000 Action Plan: One Year
Use of Funds for Consolidated Plan for HUD
53) 00R-174A Approving the Consolidated Plan for Fiscal Years
2000-2003 for HUD Entitlement Programs.
54) 00R-181 Approving an agreement between Big Red Keno &
Risky's Sports Bar & Grill for the operation of a
Keno satellite site at 4680 Leighton Ave.
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 (7/5/00) PRIOR TO THE
NEXT FORMAL CITY COUNCIL MEETING (7/10/00).
ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS
AGENDA, OR NOT SCHEDULED TO APPEAR ON A FUTURE AGENDA, MAY DO
SO AT THIS TIME.
ADJOURNMENT 4:14 P.M.
Hearing date of Mon., July 10, 2000 at 1:30 p.m. on the Man.
App. of Kristen K. Worner for Sydran Food Services dba Chili's
Southwest Grill at 6730 S. 27th St.
2000 Agenda History