City Council
Agenda
ACTION FROM FOR THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 14, 2000 AT 1:30 P.M.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit App. of Nebraska Entertainment L.L.C. dba Fox &
605K Hound for a Class I liquor license at 201 N. 8th St.
(ADOPTED FOR APPROVAL, 6-0; A-80329.)
2) Exhibit Man. App. of David Kirk Anderson for Nebraska
182K Entertainment L.L.C. dba Fox & Hound at 201 N. 8th
St. (ADOPTED FOR APPROVAL, 6-0; A-80330.)
3) Exhibit App. of DAV Robert Flansburg Chapter #7 for an
165K addition to their licensed premises of an L-shaped
area measuring 14' by 6' to the southeast at 3901 N.
70th St. (ADOPTED FOR APPROVAL, 6-0; A-80331.)
4) Exhibit App. of Hy Vee Food Store #2 for an addition to
159K their licensed premises of an area 202' by 109' to
the west at2343 N. 48th St. (ADOPTED FOR APPROVAL,
6-0; A-80332.)
5) Exhibit Man. App. of Ngawang Rinchen for Indian Food
117K Associates of Nebraska, Inc. dba The Oven at 201 N.
8th St. (ADOPTED FOR APPROVAL, 6-0; A-80333.)
6) Exhibit App. of LCV, Inc. dba Village Market for a Class B &
449K K liquor license at 3211 S. 13th St.
(ADOPTED FOR APPROVAL, 6-0; A-80334.)
7) Exhibit Man. App. of Lawrence A. Baus for LCV, Inc. dba
179K Village Market at 3211 S. 13th St.
(ADOPTED FOR APPROVAL, 6-0; A-80335.)
8) Exhibit Man. App. of Stephanie D. Rezac for Moose Loyal
214K Order 175 dba Moose Lodge 175 at 4901 N. 56th St.
(ADOPTED FOR APPROVAL, 6-0; A-80336.)
9) Exhibit Man. App. of Crystal J. Buss for Lone Star
177K Steakhouse & Saloon of NE, Inc. dba Lone Star at 200
70th St. (ADOPTED FOR APPROVAL, 6-0; A-80337.)
10) Exhibit App. of Ogden Entertainment dba Pershing Auditorium
750K for a Special Designated License (SDL) to cover an
area on N St. from 16th to 14th Sts. & Centennial
Mall from M St. to O St. on August 17, 2000 from
4:00 p.m. to 11:59 p.m., August 18 & 19, 2000, from
11:00 a.m. to 11:59 p.m., & August 20, 2000 from
12:00 noon to 5:00 p.m.
(ADOPTED FOR APPROVAL, 6-0; A-80338.)
11) Exhibit App. of Wine Merchants Inc. for a SDL covering an
118K area measuring 125' by 75' at Frontier Harley
Davidson, 2801 N. 27th St., on Aug. 26, 2000 from
4:00 p.m. to 10:00 p.m. (ADOPTED FOR APPROVAL,
6-0; A-80339.)
12) Exhibit App. of Pickfair Entertainment Corp. dba Big Red
220K Keno Sports Bar & Grill for a SDL covering an area
measuring 50' by 25' at 955 W. "O" St., on Sept. 2,
23, 30, Oct. 21, Nov. 4, & 24, 2000, from 10:00 a.m.
to 10:00 p.m. (ADOPTED FOR APPROVAL, 6-0; A-80340.)
13) Exhibit App. of Lincoln P St. Catering for a SDL covering an
214K area measuring 92' by 120' at 1040 P St., on Sept.
2, 2000 from 6:00 a.m. to 10:00 p.m. (ADOPTED FOR
APPROVAL, 6-0; A-80341.)
14) Exhibit App. of Gazelle Enterprises dba Barrymores Lounge
241K for a SDL covering an area measuring 150' by 20' in
the alley at 124 N. 13th St., on Sept. 2, 23, 30,
Oct. 21, Nov. 4 & 24, 2000 from 8:00 a.m. to 10:30
p.m. (ADOPTED FOR APPROVAL, 6-0; A-80342.)
15) Exhibit App. of Prairie Fare Inc. dba P.O. Pears for a SDL
180K covering an area measuring 100' by 40' at 322 S. 9th
St., on Aug. 25 & 26, 2000 from 11:00 a.m. to 1:00
a.m. (ADOPTED FOR APPROVAL, 6-0; A-80343.)
16) Exhibit App. of Barry Good Inc. dba Barry's Bar & Grill for
239K a SDL covering an area measuring 134' by 142' at 303
N. 9th St., on Sept. 2, 23, 30, Oct. 21, Nov. 4 &
24, 2000 from 8:00 a.m. to 1:00 a.m.
APPROVAL, 6-0; A-80344.)
16a) App. of Minliner Corp. dba Parkway Lanes & Pub for a
SDL covering an area measuring 72' x 16' at 715
Stadium Dr. on Sept. 2, 23, 30, Oct. 21, Nov. 4 &
24, 2000 from 8 a.m. to 11 p.m. (RULES SUSPENDED
TO PLACE THIS APP. ON THE AGENDA FOR PUB. HEARING &
ACTION ON THIS DATE, 6-0; ADOPTED FOR APPROVAL, 6-0.)
16b) App. of Geemax, Inc. dba N-Zone for a SDL covering
an area measuring 63 ½' x 108' at 728 ½ Q
St. on Sept. 2, 23, 30, Oct. 21, Nov. 4 & 24, 2000
from 8 a.m. to 1 a.m. (RULES SUSPENDED TO PLACE
THIS APP. ON THE AGENDA FOR PUB. HEARING & ACTION ON
THIS DATE, 6-0; ADOPTED FOR APPROVAL, 6-0.)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 17 THRU 24 HAD PUB. HEARING.)
17) 00-144 Authorizing the transfer of unspent & unencumbered
appropriations & cash (if any) between certain
capital improvement projects within several funds
within Public Works & Utilities & the Parks &
Recreation Depts.
18) 00-145 Adopting a revised version of the Retirement Plan
for Unclassified Department Heads to eliminate
outdated & obsolete language contained in said Plan.
19) 00-146 Amending Chapter 5.04 of the Lincoln Municipal Code
(LMC) by adding a new Sec. 5.04.165 to add an
offense for open alcoholic beverage containers in a
motor vehicle.
20) 00-147 Amending Chapter 10.48 of the LMC relating to
Bicycles by repealing Secs. 10.48.100 & 10.48.120 &
amending Secs. 10.48.250 & 10.48.280 to remove
outdated code provisions pertaining to bicycle
registration.
21) 00-148 Change of Zone 3256 - Amending Chapter 27.58 of the
LMC relating to the Airport Environs Noise Dist. to
clarify the uses permitted in Airport Environs Noise
Dists. 1 & 2 & uses permitted on premises located in
both Dists.
22) 00-149 Change of Zone 3267 - App. of Gardens Complex,
L.L.C. for a change from H-2 Highway Business Dist.
& R-4 Residential Dist. to O-2 Suburban Office Dist.
on property generally located south of "O" St.
between 44th & 45th Sts.
23) 00-150 Change of Zone 3270 - App. of the Planning Director
for a change from "P" Public Use to "I" Industrial
on property generally located at S. 6th & "G" Sts.
24) 00-151 Amending the pay schedules for certain employee
groups by adjusting the hourly pay range schedule &
schedules of annual, monthly, biweekly, & hourly pay
range equivalents for employees of the City whose
classifications are assigned to pay ranges prefixed
by "P". (RULES SUSPENDED TO HAVE 3RD READING &
ACTION ON THIS DATE, 6-0; PASSED, 6-0; #17713.)
PUBLIC HEARING - RESOLUTIONS
25) 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 feet from a residential district or
residential use, & approving a waiver of the design
standards prohibiting doors from facing residential
districts within 150 feet, at 2620 Stockwell St.
(ADOPTED, 6-0; A-80345.)
26) 00R-204 Approving a labor contract between the City & the
Lincoln City Employees Assoc. (ADOPTED, 6-0;
A-80346.)
27) 00R-213 Use Permit 64A - App. of Kensington Corporation to
amend Kensington Office Park (formerly Southwest
Center) to add a ground sign in the front yard
setback along Old Cheney Rd. between S. 14th & S.
16th Sts. (ADOPTED, 6-0; A-80347.)
28) 00R-214 Special Permit 1553A - App. of Jacob North on behalf
of Elliott Megdal & Assocs. to expand the Outback
Steakhouse for a sidewalk cafe with the sale of
alcoholic beverages for consumption on the premises
on property located at 633 N. 48th St.
(ADOPTED, 6-0; A-80348.)
29) 00R-215 Special Permit 1629B - App. of Duteau Chevrolet/Subaru
to add a 45 sq. ft., 6 1/2' high illuminated ground
sign & to replace the approved 100 sq. ft., 45' high
pole sign with a 75 sq. ft. 10' high ground sign on
property located at the southeast corner of S. 27th
& Porter Ridge Dr. (ADOPTED, 6-0; A-80349.)
30) 00R-216 Special Permit 1753A - App. of R.C. Krueger Development
Co. to amend the Vavrina Meadows Community Unit Plan to
increase the total number of approved dwelling units from
612 to 648 & to add an early childhood care facility,
with associated waiver requests, on property generally
located at S. 14th St. & Vavrina Blvd.
(ADOPTED, 6-0; A-80350.)
31) 00R-217 Accepting the report of new & pending claims against
the City & approving disposition of claims set forth
therein for the period of July 16 through July 31,
2000. (CLAIM OF DAWN MCFARLAND REMOVED FOR FURTHER
CONSIDERATION ON 8/21/00, 6-0; ADOPTED, 6-0; A-80351.)
32) 00R-218 Approving a labor contract between the City of
Lincoln & the Lincoln Police Union. (ADOPTED,
6-0; A-80352.)
33) 00R-219 Appointing Kent C. Thompson to the Lincoln Housing
Authority Board to fill an unexpired term expiring
July 1, 2003. (ADOPTED, 6-0; A-80353.)
PETITIONS & COMMUNICATIONS
34) MISCELLANEOUS REFERRALS
Setting hearing date of Mon., Aug. 28, 2000 at 1:30
p.m. on the App. of RT Omaha Franchise LLC dba Ruby
Tuesday for a Retail Class I Liquor License at 5508
S. 56th St. (ADOPTED, 6-0; A-80354.)
UNL Microbiologist Report of water tested for the
month of July, 2000. (PLACED ON FILE)
Petition to Vacate in Marshall St. from the east
line of Lot 7, Ryans Sub., to the west line of said
Lot 7, Ryans Sub. submitted by Lincoln Mattress Co.
(REFERRED TO LAW DEPT.)
Petition to Vacate in Dairy Dr. from the east line
of Lot 1, Leavitt's Sub., to the west line of Lot 4,
Leavitt's Sub. submitted by the State of Nebraska.
(REFERRED TO LAW DEPT.)
Petition to Vacate Marshall St., aka Dairy Dr., from
the east line of Lot 6, Leavitt's Sub., to the west
line of Lot 5, Leavitt's Sub. submitted by Lancaster
County. (REFERRED TO LAW DEPT.)
Reports from City Treasurer of Telecomm. Occ. Tax
due as follows: April thru June, 2000: GE
Capital Comms., Qwest Comms. (amended return);
June, 2000: Affinity Corp.; July,
2000: One Call Comms. (PLACED ON FILE)
Report from City Treasurer of 911 Surcharge
Remittance from Aliant Comms. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
35) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on July 31, 2000.
(PLACED ON FILE)
36) Investment of Funds.
ORDINANCES - 1ST READING (ITEM 37 HAD 1ST READING.)
37) 00-152 Repealing Ord. 17122 for Repaving Dist. 149 in 68th
St. from Fremont St. to Benton St.
ORDINANCES - 3RD READING
38) 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. (PASSED, 6-0; #17714.)
RECONSIDERATION - SPECIAL PERMIT 1841
SENG Moved to reconsider Bill 00R-200, Reso. A-80328, Special
Permit 1841, & to place it on Pending..
Seconded by Johnson & carried by the following vote:
AYES: Camp, Cook, Fortenberry, Johnson, Seng, Shoecraft; NAYS:
None; ABSENT: McRoy.
PENDING LIST (EXTENDED ONE WEEK.)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 00-35 Amending Sec. 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)
47) 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)
48) 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)
49) 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)
50) 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)
51) 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)
52) 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)
53) 00-106 Creating Sewer Dist. 1174 in Old Dairy Rd. from 27th
St. west approx. 600'. (5/30/00 - Placed on
Pending)
54) 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)
55) 00-115 Amending Sec. 8.08.020 to provide an exception to
the requirement of a certificate of public convenience
& necessity for government providers of service; amend-
ing Sec. 8.08.090 to provide enforceable response time
verification. (7/3/00 - Placed on Pending)
56) 00-116 Amending Sec. 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)
57) 00R-182 RE: Special Permit 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"). (7/17/00 - Placed on Pending)
58) 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. (7/31/00
- Held over due to lack of majority vote) (Request
from Attorney Peter Katt to delay action & re-open
Public Hearing for 8/14/00 or whenever.) (8/7/00 -
Placed on Pending Indefinitely)
59) 00-130 Amending Chapter 12.20 of the 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 easement
agreement if there is insufficient land available
for the planting & proper growth of the street tree
or trees in the public right-of-way. (7/31/00 -
Amended) (8/7/00 - Placed on Pending until
September)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, AUGUST 21, 2000: (APPROVED, 6-0.)
60) 00R-220 Approving an agreement between the City & Ampco
System Parking for parking management services in
City owned parking facilities for a 4-yr. term.
61) 00R-222 Ordering Alley Repaving Dist. 47 constructed in the
east-west alley from 14th St. to Centennial Mall &
from "P" to "Q" Sts.
62) 00R-223 Special Permit 1830 - App. of Richard Speidell to
develop Mandarin Court Community Unit Plan
consisting of 3 dwelling units & waivers of the
required sidewalks, street lights, paving, drainage,
street elevations, & allowing approval by the
Planning Director of the administrative final plat,
on property generally located at 4811 Mandarin Cir.
Planning Dept. Exhibits:Fact Sheet
63) 00R-224 Reappointing Christi Chaves & Glory Meakin to the
Community Health Endowment Board of Trustees for 3-
yr. terms expiring Sept. 1, 2003.
64) 00R-225 Appointing Janet Coleman & Martin Ramirez to the
Community Health Endowment Board of Trustees for 3-
yr. terms expiring Sept. 1, 2003.
65) 00R-226 Adopting the 2000/2001 Mayor's recommended
operating budget and capital improvement
program fy2000/2006.
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 (8/9/00) PRIOR TO THE NEXT
FORMAL CITY COUNCIL MEETING (8/14/00).
NOTIFICATION - TO ADDRESS COUNCIL ON AUG. 14, 2000
Danny Walker Quality of Life (Part 2)
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 2:50 P.M.
UPCOMING HEARINGS
Hearing date of Mon., Aug. 14, 2000 at 1:30 p.m. on the Man.
App. of Melissa Davis for Whitehead Oil Co. dba U-Stop
Convenience Shop at 942 S. 27th St.
City Council
2000 Agenda History
Current History
