Council Seal
City of Lincoln
City Council
Agenda

		ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD
 		       MONDAY, JULY 10, 2000 AT 1:30 P.M.

 		              ALL MEMBERS PRESENT


PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)  Exhibit   App. of Lance Brown dba Studio 14 for a Class I
      380K     liquor license at 1415 "O" St. (7/3/00 - Continue
               Public Hearing to 7/10/00) 
               (ADOPTED FOR APPROVAL, 7-0; A-80263)

 2)  Exhibit   Man. App. of Kristen K. Worner for Sydran Food
      190K      Services III L.P. dba Chili's Southwest Grill at
               6730 S. 27th St.(ADOPTED FOR APPROVAL, 7-0; A-80264)


PUBLIC HEARING
ORDINANCES - 2ND READING (ITEM HAD 2ND READING)

 3)  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.


PUBLIC HEARING - RESOLUTIONS

 4)  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. (ADOPTED, 7-0; A-80265)

 5)  00R-174  Approving the Fiscal Year 2000 Action Plan: One Year
               Use of Funds for Consolidated Plan for HUD
               Entitlement Programs. (ADOPTED, 7-0; A-80266)

 6)  00R-174A  Approving the Consolidated Plan for Fiscal Years
               2000-2003 for HUD Entitlement Programs. 
               (ADOPTED, 7-0; A-80267)

 7)  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. 
               (ADOPTED, 7-0; A-80268)

 8)  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. (7/3/00 -
               Removed from Pending for Public Hearing 7/10/00)
               (ACCEPTED SUBSTITUTE RESOLUTION; CONTINUE PUBLIC HEARING
               & ACTION TO 7/17/00, 7-0)


PETITIONS & COMMUNICATIONS

 9)   MISCELLANEOUS REFERRALS

      Lincoln Water & Wastewater System Recapitulation of Daily Dash
      receipts the month of June, 2000. (PLACED ON FILE)
     
      Report of UNL Microbiologist for water testing for the month
      of June, 2000. (PLACED ON FILE)

      Formal Petition for alley re-paving District 047 as specified
      in Ord. No. 17686 at 14th St. to Centennial Mall & P
      to Q Streets, (east/west alley) signed by CDJ Johnson Family
      LTD Partnership, C. Dean Johnson, President and Janice M.
      Moore. (REFERRED TO LAW)

      Informal Petition for water and paving at North 36th
      Street/Gladstone Street Assessment Dist. requested by Ayars &
      Ayars. (REFERRED TO PUBLIC WORKS)

      Report of City Treasurer of Telecommunications Occupation Tax
      due for the month of May 2000: Global Crossing, Nebraska
      Technology, Working Assets, coast Int'l, Excel, IBM Global,
      Broadwing, MCI, Lincoln Celtelco, Aliant. (PLACED ON FILE)

      Setting Hearing Date of Mon., July 24, 2000 at 1:30 p.m on the
      Man. App. of Timothy B. Weixelman for Hinky Dinky Lincoln #9
      LLC dba "Sum Mart #738" at 2145 S. 17th St.
      (ADOPTED, 7-0; A-80269)

THE FOLLOWING WERE REFERRED TO PLANNING DEPT.:
 Change of Zone 3238 - App. of Robert Beck, Kit Dimon, Diane
          Oldfather, Zane & Ethel  Fairchild, Alan & Jacqueline
          Embury, Vincent & Janice Goracke, & Herbert & Barbara
          Griess for a change from AGR to R-3 at property located
          at Lots 52IT, 55IT, & 71 IT & a portion of Lots 54IT,
          57It & 139IT, all located in the NE 1/4 of Sec. 16, T9N,
          R7E.
     Change of Zone 3239 - App. of Robert Beck, Kit Dimon, Diane
          Oldfather, Zane & Ethel  Fairchild, Alan & Jacqueline
          Embury, Vincent & Janice Goracke, & Herbert & Barbara
          Griess for a change from R-1 to R-3 a portion of Lots 
          54IT, 57It & 139IT all located in the NE 14 of Sec. 16,
          T9N, R7E.
     Change of Zone 3267 - App. of Gardens Complex LLC from H-2 to
          O-2 onproperty at 4401 & 4435 O Street.
     Change of Zone 3270 - App. of Planning Director to change from
          P to I-1 at 6th & G     Street.
     Change of Zone 3271 - App. of Planning Director to change L Ml
          C Sec. 27.67 to expand   the regulation of unregistered,
          non-operating, wrecked, junked, partially dismantled
          vehicles to include all of the area within the zoning
          jurisdiction
          of the City.
     Change of Zone 3273 - App. of South Ridge Valley LLC & R. C.
          Krueger Development Inc. from R-3 to O-3 at S.
          27th & Pine Lake Road.
     Use Permit No. 100A - App. of South Ridge Village LLC to
          revise the boundary of   previously approved Use permit
          no. 100 to reflect actual property lines & zoning lines
          at SE corner, S. 27th & Pine Lake Rd..
     Special Permit 1553A - App. of Elliot Megdal & Assoc.& Jacob
          North to add a sidewalk café at 633 N. 48th St.
     Special Permit 1629B - App. of DuTeau Investment Co. to add
          one additional 32 sq. ft., 20' high illuminated pole sign
          at S. 27th Street & Porter Ridge Rd..
     Special Permit 1629C - App. of South Ridge Village LLC/R.C.
          Krueger Dev. Inc. to     revise the boundary of
          previously approved Sp. Permit No. 1629 to reflect actual
          property lines & zoning lines at S. 27th & Pine
          Lake Rd.
     Special Permit 1858 - App. of Research & Development Corp. to
          reduce 20' rear yard requirement to 14' for dwelling
          units at 311 N. 8th St.
     Special Permit 1859 - App. of St. Teresa's Church to expand
          existing church buildings in excess of the maximum
          permitted lot coverage at 3515 Laura Ave.

REPORTS OF CITY OFFICERS

10)            Clerk's Letter & Mayor's Approval of Ordinances &
               Resolutions passed on June 26, 2000.  (PLACED ON FILE)

11)            Investment of Funds.  (ADOPTED, 7-0; A-80270)

12)            2000/2001 Mayor's recommended Annual Operating
               Budget & Capital Improvement Program FY 2000-2006
               The One & Six Year Streets & Highways Program.
               (PLACED ON FILE) (APPROVED PUBLIC HEARING FOR MON.,
	       AUG. 7, 2000 @ 6:30 P.M., 7-0)

 
ORDINANCES - 1ST READING    (ITEM HAD 1ST READING)

13)  00-128    Amending Chapter 27.58 of the Lincoln Municipal Code
               to change the title & references to "Airport
               Environs Noise District", & amend the reference from
               Comprehensive Plan Figure 21 to read "Airport
               Environs Noise District Map."


ORDINANCES - 3RD READING

14)  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. 
	       (PASSED, 6-1; FORTENBERRY DISSENTING; #17691)

15)  00-118    Renaming Ashbrook Cir. as "Ashbrook Dr." in the
               Stevens Ridge 1st Add. generally located at Stevens
               Ridge Rd. & Ashbrook Cir. (PASSED, 7-0; #17692)

16)  00-119    Vacating a portion of the S. 11th St. adjacent to
               Lot 2, Van Boskirk Add., generally located at 11th &
               B Sts. (LOST, 0-7; #38-4339)

17)  00-120    Vacating a portion of N. 18th St. between Q & R Sts.
	       (PASSED, 7-0; #17693)

18)  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.
               (LOST, 0-7; #38-4340)

19)  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. (PASSED, 7-0; #17694)

20)  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. (PASSED, 7-0; #17695)

21)  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. (PASSED, 7-0; #17696)

22)  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.  (ACTION DELAYED ONE WEEK TO 7/17/00, 7-0)


PENDING LIST    (EXTENDED ONE WEEK; SEE ITEM #37)

23)  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) 

24)  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)

25)  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)

26)  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)

27)  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)

28)  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)

29)  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)

30)  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)

31)  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)

32)  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)

33)  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)

34)  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)

35)  00-72     Change of Zone 3245 - App. of Manette Kidney
               for a change from AG 3gricultural to O-2
               Suburban Office on property generally located
               at S. 84th St. & Old Cheney Rd.  (4/24/00 -
               Reconsidered & Placed on Pending)

36)  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)

37)  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) (REMOVED FROM PENDING &
	       WITHDRAWN, #38-4341)

38)  00-106    Creating Sewer Dist. 1174 in Old Dairy Rd. from 27th
               St. west approx. 600'.  (5/30/00 - Placed on
               Pending)

39)  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)

40)  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. (7/3/00 -
               Placed on Pending)

41)  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. (7/3/00 -
               Placed on Pending)

42)  00R-178   Special Permit 1843 - Application 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 feet from a residential district or
               residential use, and approving a waiver of the
               design standards prohibiting doors from facing
               residential districts within 150 feet, at 2620
               Stockwell Street.  (7/3/00 - Placed on Pending.)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, JULY 17, 2000: APPROVED, 7-0.

43)  00R-161   Comprehensive Plan Amendment No. 94-54A - Amending
               the 1994 Lincoln-Lancaster County Comprehensive Plan
               to reflect improvements in Vine St. from 20th to
               26th Sts.

44)  00R-183   Special Permit 1844 - App. of Tamy, Inc. for
               authority to sell alcoholic beverages for
               consumption on the expanded premises at 105 S. 25th
               St.

45)  00R-184   Special Permit 1851 - App. of Tabitha, Inc. to
               operate an early childhood care facility for a
               maximum of 63 children & 9 employees, with a waiver
               of the requirement that access be to a collector
               street, on property generally located at 48th & J
               St.

46)  00R-185   Accepting the report of new & pending claims against
               the City & approving disposition of claims set forth
               therein for the period of June 16 thru 30, 2000.


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 (7/12/00) PRIOR TO THE
     NEXT FORMAL CITY COUNCIL MEETING (7/17/00).


RESOLUTION - RECONSIDERED

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").
(RECONSIDERED MOTION; TO HAVE ACTION ON 7/17/00, 7-0)


ADJOURNMENT 2:33 P.M.


UPCOMING HEARINGS

     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.  

     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.  

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