ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 10, 2000 AT 1:30 P.M.
ALL MEMBERS PRESENT
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)
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,
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,
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
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
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
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
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
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
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 &
38) 00-106 Creating Sewer Dist. 1174 in Old Dairy Rd. from 27th
St. west approx. 600'. (5/30/00 - Placed on
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
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
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
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
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.
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
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
2000 Agenda History