Council Seal
City of Lincoln
City Council
Agenda

            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                     MONDAY, AUGUST 28, 2000 AT 1:30 P.M.

		         ALL MEMBERS PRESENT.

NOTE:  THERE WILL BE NO COUNCIL MEETING THE WEEK OF SEPT. 4 - 8, 2000

ALSO:  COUNCIL MEETING OF SEPT. 25, 2000 WILL BEGIN AT 5:30 P.M.

PUBLIC HEARING
LIQUOR RESOLUTIONS
          
 1)   Exhibit  App. of RT Omaha Franchise LLC dba Ruby Tuesday for
        629K   a Retail Class I Liquor License at 5508 S. 56th St.
               (PUB. HEARING CONT'D & ACTION DELAYED FOR 2 WEEKS
               TO 9/11/00, 7-0.)

 2)   Exhibit  Man. App. of Daize Douglas Bryon for RT Omaha Franchise
      same as  LLC dba Ruby Tuesday for a Retail Class I Liquor License
       #1      at 5508 S. 56th St.  (PUB. HEARING
               CONT'D & ACTION DELAYED FOR 2 WEEKS TO 9/11/00, 7-0.
          

 3)   Exhibit  App. of Holiday Inn Downtown for a Special Designated
        332K   License (SDL) to cover an area measuring 145' by 300'
               at Ameritas Investment Corp., 5900 "O" St., on Sept.
               30, 2000 from 8:00 a.m. to 5:00 p.m.  (PUB. HEARING
               CONT'D & ACTION DELAYED FOR 2 WEEKS TO 9/11/00, 7-0.)


 4)   Exhibit  App. of Irie Inc. dba Doc's Place for a SDL to cover
        867K   an area measuring 96' by 24' at 201 N. 8th St. on
               Sept. 23, 2000 from 8:00 a.m. to 1:00 a.m.  (PUB.
               HEARING CONT'D & ACTION DELAYED FOR 2 WEEKS TO 9/11/00,
               7-0.)


 5)   Exhibit  App. of Irie Inc. dba Doc's Place for a SDL to cover
        867K   an area measuring 96' by 24' at 201 N. 8th St. on
               Sept. 30, 2000 from 8:00 a.m. to 1:00 a.m.  (PUB.
               HEARING CONT'D & ACTION DELAYED FOR 2 WEEKS TO
               9/11/00, 7-0.)


 6)   Exhibit  App. of Cornhusker Square Land Co. dba Cornhusker
        742K   Hotel for a SDL covering an area at the Governor's
               Mansion at 1425 H St. on Sept. 23, 2000 from 8:00
               a.m. to 1:00 a.m.  (PUB. HEARING CONT'D & ACTION
               DELAYED FOR 2 WEEKS TO 9/11/00, 7-0.)


PUBLIC HEARING ORDINANCES - 2ND READING (ITEMS 7 THRU 10 HAD 2ND READING.)

 7)   00-153   Change of Zone 3273 - App. of South Ridge Village
               L.L.C. & Krueger Development Inc. for a change from
               O-3 Office Park to R-3 Residential & from R-3 Residen-
               tial to O-3 Office Park on property generally located
               between S. 28th St. & S. 29th St. along Porter Ridge Rd.
               Planning Dept. Exhibits: Fact Sheet

 8)   00-154   Vacating the north-south alley north of "N" St.
               between 13th & 14th Sts.
	       Planning Dept. Exhibits: Fact Sheet

 9)   00-157   Amending Sec. 2.62.200 of the Lincoln Municipal Code
               relating to Police & Fire Pension Plan "A" to provide
               members of Police & Fire Pension Plans "B" & "C" the
               opportunity to participate in Police & Fire Pension Plan
               "A".

10)   00-161   Approving a Lease Agrmt. between the City & AT&T to
               locate telecommunications facilities on property at
               Firestation No. 5, 3640 Touzalin.  (REQUEST TO HAVE
               3RD READING ON THIS DATE APPROVED, 7-0; PASSED, 7-0;
               #17722.) 


PUBLIC HEARING - RESOLUTIONS

11)   00R-226A Appointing Norman Langemach to the Lincoln City
               Library Board for a 7-yr. term expiring Aug. 31,
               2007.  (ADOPTED, 7-0; A-80366.)


12)   00R-227  Approving an Agrmt. between Big Red Keno & Road
               House Bar & Grille for the operation of a Keno
               satellite site at 1501 Centerpark Rd., #300.
               (ADOPTED, 7-0; A-80367.)

13)   00R-228  Appointing Annette McRoy to the Joint Budget
               Committee for a 2-yr. term expiring on Aug. 31,
               2002.  (ADOPTED, 7-0; A-80368.)


14)   00R-230  Approving the StarTran Rate Schedule to eliminate
               the StarTran Taxi Coupon Program.
	       Planning Dept. Exhibits:Fact Sheet
	       (ADOPTED, 7-0; A-80369.)

15)   00R-231  Special Permit 1732A - App. of Ed & Yana Beranek to
               amend the pre-viously approved use of a landmark for
               a bed & breakfast to allow 3 guest rooms & 1 dwelling
               unit at the F.M. Hall House located at 11th & D Sts.
	       Planning Dept. Exhibits:Fact Sheet
	       (ADOPTED, 7-0; A-80370.)

16)   00R-232  Special Permit 1846 - App. of U.S. West Wireless L.L.C.
               to construct a 78' wireless telecommunications tower on
               property generally located at 9th & "W" Sts. & waiving
               the landscaping & fall zone requirements.
	       Planning Dept. Exhibits:Fact Sheet
               (PUB. HEARING CONT'D & ACTION DELAYED FOR 2 WEEKS TO
	       9/11/00, 7-0.)

17)   00R-233  Use Permit 100A - App. of SouthRidge Village L.L.C. &
               R.C. Krueger Development Inc. to amend the boundaries of
               South Ridge Village to align with the O-3 Office Park
               Dist. boundary & 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 Rd. between S. 28th & S.
               29th St. & east of S. 29th St.
	       Planning Dept. Exhibits:Fact Sheet
               (ACTION DELAYED FOR 2 WEEKS TO 9/11/00, 7-0.)

18)   00R-234  Waiving the requirement of the Design Standards for
               the surfacing of a parking lot located at S. 1st St.
               & Old Cheney Rd.
	       Planning Dept. Exhibits:Fact Sheet
               (ADOPTED, 7-0; A-80371.)

19)   00R-236  Accepting the report of new & pending claims against
               the City & approving disposition of claims set forth
               therein for the period of Aug. 1 - 15, 2000.
               (AMENDED TO REMOVE CLAIM OF SCOTT TISTHAMMER FOR
               FURTHER CONSIDERATION ON 9/11/00, 7-0; ADOPTED, 7-0;
               A-80372.)

20)   00R-237  Appointing Rich Wiese to the Community Forestry Advisory
               Board for a 3-yr. term expiring Aug. 17, 2003.
               (ADOPTED, 7-0; A-80373.)

21)   00R-238  Approving an Agrmt. between the City, Emergency Medical
               Services Inc., St. Elizabeth Community Health Center &
               Bryan-LGH Medical Center to provide medical oversight
               for ambulance service for a period of 4 yrs.
               (PUB. HEARING CONT'D & ACTION DELAYED
               FOR 2 WEEKS TO 9/11/00, 7-0.)

22)            App. of St. Joseph's Church/School of Lincoln to
               conduct a Lottery within the City of Lincoln.
               (ADOPTED, 7-0; A-80374.)

PETITIONS & COMMUNICATIONS

23)            Petition to Vacate Public Way in the south 33' of
               the Pine Lake Rd. R-O-W along th esection line north
               of Lot 40 of the I.T.'s in the NE1/4 of Sec. 23,
               T9N, R6E of the 6th P.M., Lancaster County,
               Nebraska, submittted by Lincoln Public Schools. 
               (REFERRED TO LAW DEPT.)

24)            Setting a hearing date of Mon., Sept. 11, 2000 at
               1:30 p.m. on the App. of Lincoln Hospital Assoc. to
               conduct a Lottery within the City of Lincoln for the
               periods of 9/1/00 thru 11/20/00, 11/15/00 thru
               12/25/00, and 1/15/01 thru 5/20/01.  (APPROVED, 7-0.)

25)            Setting a hearing date of Mon., Sept. 11, 2000 at
               1:30 p.m. on the App. of Blesed Sacrament Church to
               conduct a Lottery within the City of Lincoln for the
               period of 9/5/00 thru 10/22/00.  (APPROVED, 7-0.)


26)   MISCELLANEOUS REFERRALS


REPORTS OF CITY OFFICERS

27)            Clerk's Letter & Mayor's Approval of Ordinances &
               Resolutions passed on Aug. 14, 2000.  (PLACED ON FILE)

28)            Investment of Funds.  (ADOPTED, 7-0; A-80378.)

29)            Reports from City Treasurer of Telecomm. Occ. Tax
               due for the month of July, 2000 from: D &D Comms.,
               Lightyear Comms. (fka UniDial), Global Telephone,
               Comdata Telecomms., NOSVA Ltd., Single Billing
               Services, RSL Com USA, Glyphics Comms., Incomnet
               Comms., Nextlink Long Distance, Affinity Network,
               Touch America, GTC Telecom, Teligent Services, Tri-M
               Comms., Nos Comms., LDM Systems, Association
               Administrators, Long Distance of Michigan, I-Link
               Comms., Big Planet, Equality, GST Net, & Globalcom. 
               (PLACED ON FILE)


ORDINANCES - 1ST READING (ITEMS 30 THRU 33 HAD 1ST READING.)

30)   00-158   Change of Zone 3268 - App. of Garner Industries for
               a change from I-2 Industrial Park to I-2 Industrial
               Park Planned Unit Development on property generally
               located at N. 98th St. & Cornhusker Hwy.
	       Planning Dept. Exhibits:Fact Sheet

31)   00-159   Change of Zone 3206 - App. of Realty Trust Group for
               a change from AGR Agricultural Residential to B-1
               Local Business Dist. on property generally located
               at S. 70th St. & Pine Lake Rd.
	       Planning Dept. Exhibits:Fact Sheet

32)   00-160   Change of Zone 3207 - App. of Realty Trust Group for
               a change from AG Agricultural to B-2 Planned
               Neighborhood Business Dist. on property generally
               located at S. 84th St. & Old Cheney Rd.
	       Planning Dept. Exhibits:Fact Sheet

33)   00-162   Approving an extension of the cable television
               franchise between the City & AOL/Time Warner, Inc.
               for 60 days beyond the franchise expiration of Sept.
               15, 2000. (TO HAVE 2ND & 3RD READING ON 9/11/00, 7-0.)


RESOLUTION - HAD PUBLIC HEARING - FOR COUNCIL ACTION

34)   00R-223  Special Permit 1830 - App. of Richard Speidell to
               develop Mandarin Court C.U.P. consisting of 3 dwell-
               ing 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.  (8/21/00 - Action delayed 1 week to
               8/28/00) (AMENDED, 7-0; ADOPTED, 4-3; CAMP,
               FORTENBERRY & SHOECRAFT DISSENTING; A-80379.)


ORDINANCES - 3RD READING

35)   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
	       (PASSED, 7-0; #17723.)

PENDING LIST  (EXTENDED ONE WEEK.  SEE ITEMS 40 & 56.)

36)   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)

37)   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)

38)   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)

39)   97-142   Change of Zone 3076 - App. of Dustrol, Inc. for a change
               from AG Agricultural to H-4 General Commercial on pro-
               perty generally located on the south side of Arbor Rd.,
               west of N. 56th St.  (9/22/97 - Placed on Pending)

40)   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)  (REMOVED FROM PENDING & WITHDRAWN, 7-0;
               #38-4343.)

41)   99R-134  Approving a recommendation that the Mayor amend Adminis-
               trative Regulation #9 to allow for the creation & imple-
               mentation of a take-home vehicle program for police
               officers in targeted revitalization strategy areas.
               (5/10/99 - Placed on Pending)

42)   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)

43)   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)

44)   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)

45)   00-65     Change of Zone 3196 - App. of the Interim Planning Direc-
               tor for a change from B-1 Local Business & R-3 Residen-
               tial 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)

46)   00-67     Change of Zone 3247 - App. of the Interim Planning Direc-
               tor for a change from AGR Agricultural Residential & R-3
               Residential to B-2 Planned Neighborhood Business, on pro-
               perty 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)

47)   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)

48)   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)

49)   00-106    Creating Sewer Dist. 1174 in Old Dairy Rd. from 27th
               St. west approx. 600'.  (5/30/00 - Placed on Pending)

50)   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 stand-
               ards 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)

51)   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 enforceable response time veri-
               fication. (7/3/00 - Placed on Pending)

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

53)   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)

54)   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)

55)   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 pro-
               perty 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)

56)   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 - Reconsidered; Placed
               on Pending, 6-0) (REMOVED FROM PENDING FOR ACTION
               ONLY ON 9/11/00, 7-0.)

57)   00R-217   Accepting the report of Dawn McFarland Tort Claim
               against the City & approving disposition of claim
               set forth.  (All other disposition of Claims for the
               period of July 16 through July 31, 2000 were adopted
               on 8/14/00) (8/21/00 - Action delayed Indefinitely -
               Placed on Pending)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, SEPTEMBER 11, 2000:  (APPROVED, 7-0.)

58)   00R-239   Approving the 2000-2001 Work Plan to the Interlocal
               Agrmt. on Storm-water Management between the City &
               the Lower Platte South Natural Resources Dist. 
	       Public Works & Utilities Dept. Exhibits  Fact Sheet

59)  00R-240   Reappointing Jim Arter, Jerry Barnes, Jon Camp, Ken
               Hake, Maurice Lange, Mary Jane Steward, Marcia
               White, & Bob Campbell to the Downtown Business Area
               Improvement Board for 3-yr. terms expiring Sept. 1,
               2003.


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 (9/6/00) PRIOR TO THE
     NEXT FORMAL CITY COUNCIL MEETING (9/11/00).


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  2:59 P.M.


UPCOMING HEARINGS

     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 St.
     
     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 St.

26)  MISCELLANEOUS REFERRALS

     Setting hearing date of Mon., Sept. 11, 2000 at 1:30 p.m. on
     the App. of Sand Corp. dba Watering Hole for a Liquor Catering
     License at 1321 "O" St. (ADOPTED, 7-0; A-80375.)

     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
     the licensed premise at 105 S. 25th St. (ADOPTED, 7-0; A-80376.)

     Setting hearing date of Mon., Sept. 11, 2000 at 1:30 p.m. on
     the App. of Lambert Investments LLC dba Inn At Lincoln for a
     Retail Class I Liquor License at 5250 Cornhusker Hwy.
     (ADOPTED, 7-0; A-80377.)

     Reports from City Treasurer of Telecomm. Occ. Tax due for the
     month of July, 2000 from: Nextel, Nextel West, NETtel Corp.,
     Network Internat'l, & Network Billing Systems.
     (PLACED ON FILE)

     Informal Request for a Paving Dist. in NW 10th St. from W.
     Dawes Ave. to W. Belmont Ave. submitted by Ken Ward.
     (REFERRED TO PUBLIC WORKS.)

     The following Applications were referred to the Planning Dept.:
     Change of Zone 3272 - App. of Hartland Homes, Inc. for a change
          from AG to R-3 on property at S. 84th St. & Old Cheney Rd.
     Change of Zone 3275 - App. of Nebraska Association of County
          Officials for a text change to LMC Sec. 27.24.040(j) & 
          27.63.340.
     Change of Zone 3276 - App. of Planning Director for a text
          change to LMC Sec. 27.33.
     Change of Zone 3277 - App. of UNL Institute of Agriculture &
          Natural Resources for a change from R-2 Residential to O-2
          Suburban Office on property located at 3115 N. 70th St.
     Change of Zone 3278 - App. of Hendricks Investments LLC to change
          the building line from 50' to 40' on property at Folsom &
          South Sts.
     Change of Zone 3280 - App. of Planning Director for a text
          amendment to Title 27 of the LMC to add Secs. 27.03.036,
          27.03.038, 27.03.564, 27.03.566 & 27.63.730; & to amend Secs.
          27.43.040, 27.45.030, 27.47.030, 27.49.040 & 27.51.050, to
          define & allow sexually oriented live entertainment establish-
          ments as a permitted special use in the H-3 Hwy. Commercial,
          H-4 General Commercial, I-1 Industrial, I-2 Industrial Park
          & I-3 Employment Center Zoning Dists.
     Special Permit 1857 - App. of Pearle Finigan for a C.U.P. on pro-
          perty at N. 84th St. & Waverly Rd.
     Special Permit 1861 - App. of Qwest Wireless LLC to allow wireless
          transmission from a new communicator pole; request for a waiver
          of landscaping, waiver of the fall zone & request to amend
          the site plan to the B-5 Zoning Dist. on property at N.
          27th & Kensington Drive.
     Special Permit 1862 - App. of Qwest Wireless LLC to allow wireless
          transmission from a new communicator pole; request for a
          waiver of landscaping, waiver of the fall zone & request to
          amend the site plan to the B-5 Zoning Dist. on property at S.
          56th & Hwy. 2.
     Special Permit 1864 - App. of ADM Milling Co. to construct a 45'
          addition (4th & 5th story) to an existing building at 540 South
	  St.
     Special Permit 1866 - App. of Qwest Wireless LLC to allow wireless
          transmission from a new communicator pole; request for a waiver
	  of landscaping, & waiver of the fall zone on property at 48th &
	  Leighton.
     Special Permit 1867 - App. of McMaster Enterprise Inc. to widen
	  parking area, with future building planned; removal of present
	  building for safety & architectural design of neighborhood on
	  property at 1230 "H" St.

City Council 2000 Agenda History Current History