Council Seal
City of Lincoln
City Council
Agenda

    ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD
            MONDAY, AUGUST 21, 2000 AT 1:30 P.M.


                     ALL MEMBERS PRESENT

MAYORS AWARDS OF EXCELLENCE - JUNE - TOM MCCAIN, BUS OPERATOR FOR STARTRAN
    & JIM LANDERS, FIELD OPERATOR FOR STARTRAN; JULY - LARRY WILLIAMS,
    SANDY MOODY, ANGELA WORTMAN, COLLEEN SLOUGH, HUMAN RIGHTS COMMISSION.


PUBLIC HEARING
LIQUOR RESOLUTIONS
          
 1)  Exhibit   Manager application of Melissa Davis for Whitehead
       164K    Oil Company dba "U-Stop Convenience Shop" at 942
               South 27th Street.   (ADOPTED FOR APPROVAL, 7-0;
               A-80356)
          
 1a) Exhibit   App. of Wine Merchants, Inc. for a Special 
       187K    Designated License covering an area measureing 
	       120' x 80' at the Wick Alumi Center at 1520 "R"
	       St. on Sept. 2, 2000 from 9 a.m. to 3 p.m.  (ADOPTED
               FOR APPROVAL, 7-0; A-80357)


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

 2)  00-152    Repealing Ord. 17122 for Repaving Dist. 149 in 68th
               St. from Fremont St. to Benton St.
	       Public Works & Utilities Dept. Exhibits  Fact Sheet

PUBLIC HEARING - RESOLUTIONS

 3)  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.
	       Public Works & Utilities Dept. Exhibits  Fact Sheet
               (ADOPTED, 7-0; A-80358)
 
 4)  00R-222   Ordering Alley Repaving Dist. 47 constructed in the
               east-west alley from 14th St. to Centennial Mall &
               from "P" to "Q" Sts.    
	       Public Works & Utilities Dept. Exhibits Fact Sheet
	       (ADOPED, 7-0; A-80359)

 5)  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.
               (LOST, 3-4; CAMP, COOK, JOHNSON ASSENTING;
               RECONSIDERED TO HAVE  ACTION DELAYED ONE WEEK TO
               8/28/00, 7-0)

 6)  00R-224   Reappointing Christi Chaves & Glory Meakin to the
               Community Health Endowment Board of Trustees for 3-
               yr. terms expiring Sept. 1, 2003.  (ADOPTED, 7-0;
               A-80360)


 7)  00R-225   Appointing Janet Coleman & Martin Ramirez to the
               Community Health Endowment Board of Trustees for 3-
               yr. terms expiring Sept. 1, 2003.  (ADOPTED,
               7-0; A-80361)

 8)  00R-226   Adopting the 2000/2001 Mayor's Recommended Annual
               Operating Budget & Capital Improvement Program FY
               2000/2006.  (ADOPTED, 7-0; A-80362)


PETITIONS & COMMUNICATIONS

9)    MISCELLANEOUS REFERRALS

     Setting hearing date of Mon., Sept. 11, 2000 at 1:30 p.m. on
     the App. of Tepantla, Inc. Dba "mazatlan Mexican Restaurant"
     for a Retail Class I Liquor License at 211 N. 70th
     Street.  (ADOPTED, 7-0; A-80363)
     
     Setting Hearing date of Mon., Sept. 11, 2000 at 1:30 p.m. on
     the App. of Tamy Inc. dba "Tam O'Shanter" for an addition to
     premise at 105 S. 25th Street.  (ADOPTED, 7-0; A-80364)

     Reports from City Treasurer of Telecomm. Occ. Tax due as
     follows: July, 2000: Operator Comm.; Aug., 2000:
     Topp, Atlas, LCI Int'l., Cincinnati Bell, Primus, Tans Nat'l,
     Qwest, Viatel, Phoenix Network.  (PlACED ON FILE)

     Report from City Treasurer of Franchise Tax of UtiliCorp
     United for the month of July, 2000.  (PLACED ON FILE)

     Report from City Treasurer of  City Cash on hand at the close
     of business  July 31, 2000.  (PLACED ON FILE)

     App. of St. Joseph's Church/School of Lincoln to conduct a
     Lottery within the City of Lincoln.  (APPROVED HEARING
     DATE FOR 8/28/00, 7-0)


REPORTS OF CITY OFFICERS

10)            Clerk's Letter & Mayor's Approval of Ordinances &
               Resolutions passed on August 7, 2000.  (PLACED ON FILE)

11)            Investment of Funds. (ADOPTED, 7-0; A-80365)


ORDINANCES - 1ST READING  (ITEMS 12 THRU 14 HADST READING)

12)  00-153    Change of Zone 3273 - Application of South Ridge
               Village L.L.C. and Krueger Development Inc. for a
               change of zone from O-3 Office Park to R-3
               Residential and from R-3 Residential to O-3 Office
               Park on property generally located between south
               28th Street and South 29th Street along Porter Ridge
               Road. Planning Dept. Exhibits: Fact Sheet

13)  00-154    Vacating the north-south alley north of "N" Street
               between 13th and 14th Streets.  
	       Planning Dept. Exhibits: Fact Sheet

14)  00-157    Amending Section 2.62.200 of the Lincoln Municipal
               Code relating to Police and Fire Pension Plan "A" to
               provide members of Police and Fire Pension Plans "B"
               and "C" the opportunity to participate in Police and
               Fire Pension Plan "A".

     00-161    Approving a Lease Agreement between the City & AT&T
               to locate telecommunications facilities on property
               at Firestation No. 5, 3640 Touzalin.  (REQUEST
               TO HAVE 2ND & 3RDREADINGS ON 8/28/00)

RESOLUTION - HAD PUBLIC HEARING - FOR COUNCIL ACTION

14a) 00R-217   Accetping the report of Dawn McFarland tort Claim 
	       against the city and approving disposition of claim 
	       set forth. (ACTION DELAYED INDEFINITELY, 7-0)


ORDINANCES - 3RD READING

15)  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. (PASSED, 7-0; #17715)

16)  00-145    Adopting a revised version of the Retirement Plan
               for Unclassified Department Heads to eliminate
               outdated & obsolete language contained in said Plan.
               (PASSED, 7-0; #17716)

17)  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.  (PASSED, 7-0; #17717)

18)  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.  (PASSED, 7-0; #17718)

19)  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.  (PASSED, 7-0; #17719)

20)  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.  (PASSED, 7-0;#17720)

21)  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.
               (PASSED, 7-0; #17721)


PENDING LIST  (EXTENDED ONE WEEK)

22)  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)

23)  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)

24)  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)

25)  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)

26)  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)

27)  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)

28)  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)

29)  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)

30)  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)

31)  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) (WITHDRAWN, 7-0; #38-4342)

32)  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)

33)  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)

34)  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)

35)  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)

36)  00-106    Creating Sewer Dist. 1174 in Old Dairy Rd. from 27th
               St. west approx. 600'.  (5/30/00 - Placed on
               Pending)

37)  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)

38)  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; amending Sec. 8.08.090 to provide enforce-
               able response time verification. (7/3/00 - Placed on
               Pending)

39)  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)

40)  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)

41)  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)

42)  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)


43)  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 & Cornhusker Hwy.  (8/7/00
               - Adopted, A-80328; 8/14/00 - Re-considered; Placed
               on Pending, 
               6-0)


    WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
           PUBLIC HEARING ON MONDAY, AUGUST 28, 2000:  APPROVED, 7-0.

44)  00R-226   Appointing Norman Langemach to the Lincoln City
               Library Board for a seven-year term expiring August
               31, 2007.

45)  00R-227   Approving an agreement between Big Red Keno & Road
               House Bar & Grille for the operation of a Keno
               satellite site at 1501 Centerpark Road, #300.

46)  00R-228   Appointing Annette McRoy to the Joint Budget
               Committee for a two-year term expiring on August 31,
               2002.

47)  00R-230   Approving the StarTran Rate Schedule to eliminate
               the StarTran Taxi Coupon Program.
	       Planning Dept. Exhibits:Fact Sheet

48)  00R-231   Special Permit 1732A - Application of Ed and Yana
               Beranek to amend the previously approved use of a
               landmark for a bed and breakfast to allow three
               guest rooms and one dwelling unit at the F.M. Hall
               House located at 11th and D Streets.
	       Planning Dept. Exhibits:Fact Sheet

49)  00R-232   Special Permit 1846 - Application of U.S. West
               Wireless L.L.C. to construct a 78' wireless
               telecommunications tower on property generally
               located at 9th and "W" Streets and waiving the
               landscaping and fall zone requirements.
	       Planning Dept. Exhibits:Fact Sheet

50)  00R-233   Use Permit 100A - Application of South Ridge Village
               L.L.C. and R.C. Krueger Development Inc. to amend
               the boundaries of South Ridge Village to align with
               the O-3 Office Park District boundary and to adjust
               the location of the required landscape screen from
               the office park property to the residential property
               to the south, on property generally located north of
               Porter Ridge Road between South 28th and South 29th
               Street and east of South 29th Street.
	       Planning Dept. Exhibits:Fact Sheet

51)  00R-234   Waiving the requirement of the Design Standards for
               the surfacing of a parking lot located at South 1st
               Street and Old Cheney Road.
	       Planning Dept. Exhibits:Fact Sheet

52)  00R-235   Approving a Lease Agreement between the City and
               AT&T to locate telecommunications facilities on
               property at Firestation No. 5, 3640 Touzalin.
               (SEE #00-161; CHANGED TO AN ORDINANCE)

53)  00R-236   Accepting the report of new and pending claims
               against the City and approving disposition of claims
               set forth therein for the period of August 1 - 15,
               2000.

54)  00R-237   Appointing Rich Wiese to the Community Forestry
               Advisory Board for a three-year term expiring August
               17, 2003.

55)  00R-238   Approving an agreement between the City, Emergency
               Medical Services Inc., St. Elizabeth Community
               Health Center and Bryan-LGH Medical Center to
               provide medical oversight for ambulance service for
               a period of four years.  


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 (8/16/00) PRIOR TO THE
     NEXT FORMAL CITY COUNCIL MEETING (8/21/00).

                        

ADJOURNMENT 3:34 P.M.

UPCOMING HEARINGS

     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.

     Hearing date of Mon., Aug. 28, 2000 at 1:30 p.m. on the Man.
     App. of Daize Douglas Bryon for RT Omaha Franchise LLC dba
     "Ruby Tuesday" for a Retail Class "I" Liquor License at 5508
     S. 56th Street.

City Council 2000 Agenda History Current History