Council Seal
City of Lincoln
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