Council Seal
City of Lincoln
City Council
Agenda

    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

PUBLIC HEARING
LIQUOR RESOLUTIONS

 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.)

PUBLIC HEARING
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 &
               B Sts.

 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
               Sts.

 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
               Subdivision Ordinance.

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. &
           Waltz Rd.
      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 &
           Mandarin Cir.
      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
               DISSENTING.)


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;
               FORTENBERRY ABSENT.)


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
               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)  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;
               FORTENBERRY ABSENT.)

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
               Pending)

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
               Pending)


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
               Entitlement Programs.

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.


UPCOMING HEARINGS

     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.

City Council 2000 Agenda History Current History