Council Seal
City of Lincoln
City Council
Agenda

       ACTION FROMA FOR THE REGULAR CITY COUNCIL MEETING TO BE HELD
                 MONDAY, JULY 31, 2000 AT 6:30 P.M.

	         ALL PRESENT EXCEPT CAMP & SHOECRAFT.

NOTE:   NEXT REGULAR CITY COUNCIL MEETING,MON., AUG. 7, 2000,
                     BEGINS AT 6: 30 P.M.

PUBLIC HEARING
LIQUOR RESOLUTIONS

 1) Exhibit    App. of Denis M. Vontz dba Pioneers Golf Course for
      382K     a Class A liquor license at 3403 W. Van Dorn St.
               (ADOPTED FOR APPROVAL, 5-0; A-80293.)

 2) Exhibit    App. of Rainmaker Restaurant Corp. dba Lazlo's
      739K     Brewery & Grill for a Class C & Liquor Catering
               License at 5900 Old Cheney Rd.
               CONT'D & ACTION DELAYED 1 WEEK TO 8/7/00, 5-0.)

 3) Exhibit    Man. App. of Scott Boles for Rainmaker Restaurant Corp.
  Same as #2   dba Lazlo's Brewery & Grill at 5900 Old Cheney Rd.
               1 WEEK TO 8/7/00, 5-0.)

 4) Exhibit    App. of P.L.P., LLC. dba Sun Valley Bar & Grill to
      126K     expand their presently licensed premises by the
               addition of an area measuring 55' by 60' to the
               north at 300 W. P St.
               & ACTION DELAYED 1 WEEK TO 8/7/00, 5-0.)

 5) Exhibit    App. of B & R Stores Inc. dba Russ's Market Store #2
      258K     for a special designated license (SDL) to cover an
               area measuring 40' by 50' in the parking lot at 130
               N. 66th St. on Aug. 3, 2000 from 5:00 p.m. to 10:00 p.m.
               p.m. (ADOPTED FOR APPROVAL, 5-0; A-80294.)

 6) Exhibit    App. of HRC Inc. dba Cheerleaders Bar for a SDL to cover
      260K     an area measuring 80' by 50' to the north at 5560 S. 48th
               Street on Aug. 5, 2000, from 10:00 a.m. to 10:00 p.m.
	       (ADOPTED FOR APPROVAL, 5-0; A-80295.)

PUBLIC HEARING
ORDINANCES - 2ND READING     (ITEMS 7 THRU 19 HAD PUBLIC HEARING.)

 7)  00-130    Amending Chapter 12.20 of the Lincoln Municipal Code
               (LMC) relating to trees & shrubbery by adding a new
               section numbered 12.20.025 to provide for the planting
               of street trees on private property pursuant to an ease-
               ment agreement if there is insufficient land available
               for the planting & proper growth of the street tree or
               trees in the public right-of-way.  (AMENDED, 5-0.)


 8)  00-131    Vacating a portion of 7th St. from the north line of
               "T" St. to the north line of  "U" St.

 9)  00-132    Amending the pay schedule for certain employee groups by
               changing the pay ranges from A-16 to M-04 for the class-
               ifications of Sanitary Engineer, Supt. of Solid Waste
               Operations, Supt. of Water Pollution Control Facilities,
               Supt. of Wastewater Collection, Supt. of Water Produc-
               tion & Treatment, & Supt. of Water Distribution.

10)  00-133    Amending the pay schedules for certain employee groups
               by adjusting the hourly pay range schedule & schedules
               of annual, monthly, biweekly, & hourly pay range equiva-
               lents for employees of the City whose classifications
               are assigned to pay ranges prefixed by "E", "X", & "M".

11)  00-140    Amending the pay schedules for certain employee groups
               by adjusting the hourly pay range schedule & schedules
               of annual, bi-weekly, & hourly pay range equivalents for
               employees of the City whose classifications are assigned
               to pay ranges prefixed by "A" & "C".

12)  00-141    Amending the pay schedules for certain employee groups
               by adjusting the hourly pay range schedule & schedules
               of annual, bi-weekly, & hourly pay range equivalents for
               employees of the City whose classifications are assigned
               to pay ranges prefixed by "B".

13)  00-142    Amending the pay schedules for certain employee groups
               by adjusting the hourly pay range schedule & schedules
               of annual, bi-weekly, & hourly pay range equivalents for
               employees of the City whose classifications are assigned
               to pay ranges prefixed by "N".

14)  00-134    Amending Chapter 2.76 of the LMC to make reallocation to
               a classification with a higher pay range conform with a
               promotion as to rate of pay following such action; to
               differentiate between increases received at the comple-
               tion of original probation by employees in given pay
               ranges; to differentiate between a voluntary demotion &
               the employee's rate of pay as the result of such action;
               to simplify language & reflect negotiated changes with
               respect to sick leave with pay; to allow employees in
               pay range "X" to accrue vacation the first six months of
               employment; & to define & expand definition of early
               retirement. 

15)  00-135    Dedicating the N. 33rd St. right-of-way generally
               located north of Superior St.

16)  00-136    Accepting the offer of North 33rd, L.L.C. to dedicate
               N. 33rd St. right-of-way generally located north of
               Superior St.

17)  00-137    Accepting the offer of Lancaster County School Dist. 001
               aka Lincoln Public Schools to dedicate N. 33rd St. right-
               of-way generally located north of Superior St.

18)  00-138    Accepting the offer of Dennis R. Schworer to dedicate
               N. 33rd St. right-of-way generally located north of
               Superior St.

19)  00-139    Approving a lease of property generally located at
               14th & Military Rd. from the State of Nebraska for
               60 yrs. to construct a telecommunications tower for
               the 911 Center.  (ON 3RD READING.  SEE ITEM 46.)


PUBLIC HEARING - RESOLUTIONS

20)  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. (SUBSTITUTE
               RESOLUTION ACCEPTED, 5-0; ADOPTED FOR APPROVAL, 5-0;
               A-80296.)

21)  00R-189   Appointing the following to the Cable Advisory Board:
               William Morris & Deb Scherer for 3-yr. terms to expire
               July 1, 2003, Pat Taft for a term expiring July 1, 2002,
               & Bryan Rickertsen to fulfill an unexpired term through
               July 1, 2001.  (ADOPTED, 5-0; A-80297.)

22)  00R-192   Accepting the report of new & pending tort claims against
               the City & approving disposition of claims set forth 
               therein for the period of July 1 thru July 15, 2000.
	       (ADOPTED, 5-0; A-80298.)

23)  00R-193   Appointing Brian Kitten, Randy Mutchie, Matt Smith, &
               Edith Zumwalt to the Food Advisory Committee for terms
               expiring May 1, 2002, May 1, 2004, May 1, 2001, & May 1,
               2004, respectively.  (ADOPTED, 5-0; A-80299.)

24)  00R-194   Approving an exception to the City of Lincoln Guidelines
               & Regulations for Driveway Design & Location by allowing
               a deletion of one vehicle storage per ATM lane located at
               1241 "N" St.  (ADOPTED, 5-0; A-80300.)

25)  00R-195   Approving the use of public right-of-way by Sprint Com-
               munications Co. for the installation of fiber optic cable
               in Charleston St. from N. 6th St. to Sun Valley Blvd.
	       (ADOPTED, 5-0; A-80301.)

26)  00R-196   Directing submittal to the qualified electors of the City
               a proposed Charter amendment to Article IX, Section 24 to
               permit idle funds of the City to be invested in certifi-
               cates of deposit, time deposits, & in any securities in
               which the state investment officer is authorized to invest
               pursuant to the Nebraska Capital Expansion Act & the
               Nebraska State Funds Investment Act.
	       (ADOPTED, 5-0; A-80302.)

27)  00R-198   Special Permit 1776A - App. of Sun Valley Bar & Grill to
               permit the sale of alcoholic beverages for consumption on &
               off the premises on property generally located at 300 W. "P"
	       St. (PUBLIC HEARING CONT'D & ACTION DELAYED FOR 1 WEEK TO
               8/7/00, 5-0.)

28)  00R-199   Special Permit 1840 - App. of Angie Muhleisen, on behalf
               of Union Bank, for a parking lot on property located at
               4717, 4723, & 4731 Hillside St. (MOTION
               TO ADOPT, 2-3; FORTENBERRY & JOHNSON ASSENTING;
               ACTION CARRIED OVER FOR 1 WEEK DUE TO LACK OF
               MAJORITY VOTE.)

29)  00R-200   Special Permit 1841 - App. of L. W. Hoffman, on behalf of
               Anderson Ford, to display automobiles for sale in the front
               yard & rear yard, with a request to waive the landscape
               requirements on property generally located at 29th & Corn-
               husker Hwy.  (MOTION TO ADOPT, 3-2; FORTENBERRY & MCROY
               DISSENTING; ACTION CARRIED OVER FOR 1 WEEK DUE TO
               LACK OF MAJORITY VOTE.)

30)  00R-201   Special Permit 1852 - App. of Village Market to permit
               the sale of alcoholic beverages for consumption off the
               premises on property generally located at 3211 S. 13th St.
	       (ADOPTED, 4-1; JOHNSON DISSENTING; A-80303.)

31)  00R-202   Use Permit 126A - App. Ridge Development Co., Southview,
               Inc., & the Large Partnership, Ltd., to reduce the setback
               on Lot 4 from 40' to 30' & to increase the height allowed
               on Lot 4 from 35' to 45' in the Wilderness Woods Office
               Park on property generally located southeast of S. 14th St.
               & Yankee Hill Rd.  (ADOPTED, 5-0; A-80304.)

32)  00R-203   Approving a labor contract between the City & the National
               Association of Government Employees.
	       (ADOPTED, 5-0; A-80305.)

33)  00R-204   Approving a labor contract between the City & the Lincoln
               City Employees Association.  (PLACED ON PENDING, 5-0.)

34)  00R-205   Approving a labor contract between the City & the Amalga-
               mated Transit Union. (ADOPTED, 5-0; A-80306.)


35)  00R-206   Reappointing Coleen Seng to the Public Building Commission
               for a 4-yr. term expiring Aug. 1, 2004.  
               (ADOPTED, 5-0; A-80307.)

36)  00R-207   Reappointing Coleen Seng, Jon Camp, & Jonathan Cook to the
               Railroad Transportation Safety Dist. for terms expiring
               Aug. 31, 2001.  (ADOPTED, 5-0;  A-80308.)


PETITIONS & COMMUNICATIONS

37)            The following are to be referred to the Planning Dept.:
               Special Permit 1271F - App. of Mark Hunzeker to
                    amend the Trendwood C.U.P. to delete tennis courts,
                    add 12 multi-family dwellings & new indoor exercise
                    facilities at 84th & Van Dorn.
               Special Permit 1732A - App. of Ed & Yana Beranek to
                    amend the Special Permit 1732, which permits the
                    landmark F. M. Hall House to be operated as 2 bed
                    & breakfast suites & 2 dwelling units, to allow the
                    landmark to be operated as 3 B&B suites & 1 dwell-
                    ing unit at 1039 S. 11th St. 
               Special Permit 1825A - App. of Rod Hornby for a C.U.P.
                    for 34 dwelling units at SW 9th & W. "A" Sts.
               Change of Zone 3268 - App. of Garner Industries for
                    a change from I-2 to I-2 P.U.D. on property at
                    N. 98th St. & Cornhusker Hwy.
               Change of Zone 3274 - App. of George & Jan Brockley
                    for a change from R-2 to R-5 on property at 46th
                    & Pioneers Blvd.

38)            Informal Request of Noel Engineering for an Alley
               Paving Dist. in the area bounded by 47th & 48th Sts.
               between Prescott & Lowell Avenues.  (REFERRED TO
               LAW DEPT.)

39)            Informal Request of Cornhusker Bank for a Repaving
               Dist. in Saunders Ave. from 11th 29 12th Sts. 
               (REFERRED TO LAW DEPT.)

40)   MISCELLANEOUS REFERRALS

               Setting hearing date of Mon., Aug. 14, 2000 at 1:30
               p.m. on the App. of LCV, Inc. dba Village Market for
               Retail Class B & Class K Liquor Licenses at 3211 S.
               13th St. (ADOPTED, 5-0; A-80309.)

               Setting hearing date of Mon., Aug. 14, 2000 at 1:30
               p.m. on the Man. App. of Stephanie D. Rezac for
               Moose Lodge #175 at 4901 N. 56th St.  (ADOPTED,
               5-0; A-80310.)

               Setting hearing date of Mon., Aug. 14, 2000 at 1:30
               p.m. on the Man. App. of Kenneth W. Vaughan for
               Sydran Food Services III, LP dba Chili's Southwest
               Grill at 6730 S. 27th St. (ADOPTED, 5-0; A-80311.)

               Setting hearing date of Mon., Aug. 14, 2000 at 1:30
               p.m. on the Man. App. of Crystal J. Buss for Lone
               Star Steakhouse & Saloon at 200 N. 70th St. 
               (ADOPTED, 5-0; A-80312.)

               Reports from City Treasurer of Telecomm. Occ. Tax
               due as follows: April, May, & June, 2000: PNG
               Telecomms., June, 2000: Working Assets,
               Business Telecom, Aliant Cellular, Aliant Comms.,
               AT&T Comms. of the Midwest, Airtime SMR, Shaffer
               Comms., Network Billing, McLeodUSA Telecomms.,
               NETtel Corp., Telco Development. (PLACED ON
               FILE)

               Report from City Treausrer of Franchise Fees due for
               the quarter ending June 30, 2000 from Time Warner
               Cable. (PLACED ON FILE)



REPORTS OF CITY OFFICERS

41)            Clerk's Letter & Mayor's Approval of Ordinances &
               Resolutions passed on July 17, 2000.
               (PLACED ON FILE.)

42)            Investment of Funds. (ADOPTED, 5-0; A-80313.)

43)            Reports from City Treasurer of Telecomm. Occ. Tax
               due as follows:  June, 2000: Lightyear Comms. fka
               Unidial Comms., USA Paging, ATS Mobile Telephone,
               Big Planet, Operator Comms., Nextel West Corp., Long
               Distance of Michigan, Association Administrators, I-
               Link Comms., Sprint Comm. Co., Network International,
               Sprint Spectrum, Teligent Services, LDM Systems, NOSVA
               Ltd. Partnership, Single Billing Services, Tri-M Comms.,
               Nextlink Long Distance Services, NOS Comms., Comdata
               Telecomms. Services, Incomnet Comms. Corp., GTC Telecom,
               Glyphics Comms., Global Telephone Corp., Nebraska Tech-
               nology & Telecomms., RSL Com USA, Equality, Globalcom,
               Affinity Network, & GST Net.  (PLACED ON FILE)


ORDINANCES - 1ST READING    (ITEM 44 HAD 1ST READING.)

44)  00-143    Amending Secs. 8.38.090, 8.40.070, 8.44.070, & 24.38.070
               of the LMC to increase the fees for swimming pools, spa
               facilities, maintaining or using water wells within the
               City limits, & constructing & alternating individual
               sewage systems, & amending Sec. 8.44.060 to provide for
               bi-annual permits for water wells within the City.


ORDINANCES - 3RD READING

45)  00-129    Renaming Applecreek Rd. as "Victory Ln." generally
               located west off of Sun Valley Blvd., north of W.
               "P" St.  (PASSED, 5-0; #17700.)

46)  00-139    Approving a lease of property generally located at
               14th & Military Rd. from the State of Nebraska for
               60 years to construct a telecommunications tower for
               the 911 Center.   (PASSED, 5-0; #17701.)


PENDING LIST	(EXTENDED ONE WEEK.  SEE ITEMS 65 & 67.)

47)  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)

48)  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)

49)  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)

50)  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)

51)  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)

52)  99R-134   Approving a recommendation that the Mayor amend Admin-
               istrative 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)

53)  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 Pend-
               ing for 6 months)

54)  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)

55)  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)

56)  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)

57)  00-65     Change of Zone 3196 - App. of the Interim Planning
               Director for a change from B-1 Local Business & R-3 Resi-
               dential 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)

58)  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)

59)  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)

60)  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)

61)  00-106    Creating Sewer Dist. 1174 in Old Dairy Rd. from 27th
               St. west approx. 600'.  (5/30/00 - Placed on Pending)

62)  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 regard-
               ing telecommunications facilities; & to provide for
               enforcement of this ordinance.  (6/12/00 - Placed on
               Pending)

63)  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; amend-
               ing Section 8.08.090 to provide enforceable response
               time verification. (7/3/00 - Placed on Pending)

64)  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 emergency medical ser-
               vices & ambulance transport be assigned to the Fire Dept.
               (7/3/00 - Placed on Pending)

65)  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.  (TO BE REMOVED FROM PENDING FOR PUB.
	       HEARING ON 8/14/00, 5-0.)

66)  00R-182   RE: Special Permit 1165A - To show cause why said
               Special Permit should not be revoked for failure to com-
               ply with the conditions of the Special Permit (1301 "H")
               (7/17/00 - Placed on Pending)

67)  00R-197   Approving the Downtown Lincoln Association budget for
               FY 2000-2001 Management & Maintenance Districts.
               (7/24/00 - Delayed Pub. Hearing to 8/7/00) 
 	       (REMOVED FROM PENDING FOR PUBLIC HEARING ON 8/7/00, 5-0.)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, AUGUST 7, 2000:   (APPROVED, 5-0.)

68)  00R-208   Appointing Gerry Krieser to the Board of Zoning
               Appeals for a term expiring Aug. 24, 2001.

69)  00R-209   Reappointing Mike McNiff to the Examining Board of
               Plumbers for a 3-yr. term expiring Sept. 4, 2003.

70)  00R-210   Reappointing Mike McNiff to the Water Conditioning
               Board of Examiners for a 3-yr. term expiring Sept. 4,
               2003.

71)  00R-211   Comp. Plan Amendment 94-54B - Amending the 1994 Lincoln-
               Lancaster County Comprehensive Plan to reflect various
               future improvements to the Lincoln Water System &
               Lincoln Electric System, in conjunction with the FY
               2000-2006 Capital Improvements Program.

72)  00R-212   Approving the Harvest Proj. Contract between Lancaster
               County & the Lincoln Area Agency on Aging/Lincoln Infor-
               mation for the Elderly for the provision of mental
               health, substance abuse, & aging services to elderly 
               residents of Lancaster County.


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 (8/2/00) PRIOR TO THE NEXT
     FORMAL CITY COUNCIL MEETING (8/7/00).


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


UPCOMING HEARINGS

     Hearing Date of Aug., 14, 2000 at 1:30 p.m. on the App. of
     Nebraska Entertainment LLC dba Fox & Hound for a Retail Class
     I Liquor License at 201 N. 8th St.

     Hearing Date of Aug. 14, 2000 at 1:30 p.m. on the request of
     DAV Robert Flansburg Chapter #7 for an addition of their
     licensed premise at 3901 N. 70th St. 

     Hearing Date of Aug. 14, 2000 at 1:30 p.m. on the request of
     HyVee, Inc. dba HyVee Food Store #2 for an addition of their
     licensed premise at 2343 N. 48th St. 

     Hearing Date of Mon., Aug 14, 2000 at 1:30 p.m. on the Man.
     App. of Ngawang Rinchen for The Oven at 201 N. 8th St.

     MONDAY, AUGUST 7, 2000 AT 6:30 P.M. ON 2000/2001 MAYOR'S
       RECOMMENDED ANNUAL OPERATING BUDGET & CAPITAL IMPROVEMENT
       PROGRAM FY 2000-2006, THE ONE & SIX YEAR STREETS &
       HIGHWAYS PROGRAM.

City Council 2000 Agenda History Current History