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
