ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 18, 2000 AT 1:30 P.M.
ALL MEMBERS PRESENT.
NOTE: CITY COUNCIL MEETING OF SEPT. 25, 2000 WILL BEGIN AT 5:30 P.M.
MAYOR'S AWARD OF EXCELLENCE
BILL HERGOTT & JOHN HARBESON, PARKS & REC. DEPT.
1) Exhibit Man. App. of William R. Koller for Whitehead Oil Co.
191K dba U-Stop Convenience Shop at 1421 Centerpark Rd.
(ADOPTED FOR APPROVAL, 7-0; A-80407.)
2) Exhibit Man. App. of Danny L. Bolin for Whitehead Oil Co.
173K dba U-Stop Convenience Shop at 8231 E. "O" St.
(ADOPTED FOR APPROVAL, 7-0; A-80408.)
3) Exhibit Man. App. of Janice Mitzner for Nebraska Retail
154K Ventures L.L.C. dba Ampride #106 at 4401 N. 70th St.
(ADOPTED FOR APPROVAL, 7-0; A-80409.)
4) Exhibit App. of Holiday Inn Downtown for a Special
332K Designated License 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.
(9/11/00 - Pub. Hearing & Action delayed to 9/18/00)
(ADOPTED FOR APPROVAL, 7-0; A-80410.)
PUBLIC HEARING ORDINANCES - 3RD READING
5) 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. (9/11/00 -
Pub. Hearing cont'd w/Action to 9/18/00)
Planning Dept. Exhibits: Fact Sheet (16K)
(PUB. HEARING & ACTION CONT'D TO 9/25/00, 7-0.)
PUBLIC HEARING ORDINANCES -
2ND READING (ITEM 6 HAD PUBLIC HEARING.)
6) 00-165 Naming the private road in the airport west of N.
Park Rd. as "W. Superior St."
PUBLIC HEARING - RESOLUTIONS
7) 00R-241 Appointing Gary Hejl to the Community Forestry
Advisory Board for a 3-yr. term expiring Aug. 17,
2003. (ADOPTED, 7-0; A-80411.)
8) 00R-242 Appointing Gerald Schleich, Jose Soto, & Marilyn
McNabb to the Charter Revision Commission for 4-yr.
terms expiring July 15, 2004. (ADOPTED, 7-0; A-80412.)
9) 00R-243 Reappointing Helen Meeks & D. Bert Harris to the
Charter Revision Commission for 4-yr. terms expiring
July 15, 2004. (ADOPTED, 7-0; A-80413.)
10) 00R-244 Accepting & approving the Pre. Plat of Sage Prairie
Add., including waivers of the requirements for
sidewalks, street lights, landscape screens, street
trees, & block length, on property generally located
at 124th & Holdrege Sts. (ADOPTED, 7-0; A-80414.)
11) 00R-245 Special Permit 1835 - App. of Pamela A. Manske to
develop Sage Prairie Community Unit Plan consisting
of 6 dwelling units on property generally located at
124th & Holdrege Sts. (ADOPTED, 7-0; A-80415.)
12) 00R-246 Approving an Interlocal Agrmt. between StarTran &
the University of Nebraska to continue the current
transportation program for up to three years.
(ADOPTED, 7-0; A-80416.)
13) 00R-247 Appointing Mark Westphalen to the Fire & Police
Pension Advisory Committee for a 4-yr. term expiring
Oct. 1, 2004. (ADOPTED, 7-0; A-80417.)
14) 00R-248 Approving an exception to the Guidelines &
Regulations for Driveway Design & Location
requirements of vehicle stacking for Farmers Bank at
5931 Lincoln Trade Center, Suite G.
(ADOPTED, 7-0; A-80418.)
15) 00R-249 Use Permit 129 - App. of R. C. Krueger Development
Co. to construct 115,000 sq. ft. of commercial space
on property generally located at S. 14th St., ½
mile south of Pine Lake Rd.
(ADOPTED, 7-0; A-80419.)
16) 00R-250 Accepting the report of new & pending tort claims
against the City & approving disposition of claims
set forth therein for the period of Aug. 16 - Aug.
31, 2000. (ADOPTED, 7-0; A-80420.)
17) 00R-251 Approving the First Amendment of the Conditional
Annexation & Zoning Agrmt. for Yankee Hill Rd.
Vicinity regarding the construction of Yankee Hill
Rd., S. 27th St. & S. 40th St.
(ADOPTED, 7-0; A-80421.)
18) 00R-252 Approving an increase in appropriations in the
amount of $1,575,000 to provide for constructing
urban paving for projects generally located in S.
14th St. south of Pine Lake Rd., & in S. 14th St. at
Yankee Hill Rd. (ADOPTED, 7-0; A-80422.)
19) 00R-253 Approving appropriations in the amount of $36,000
from the operation of Keno lottery for the funding
of various human services.
(ADOPTED, 5-2; FORTENBERRY & SENG DISSENTING; A-80423.)
20) 00R-260 Directing that the initiative petition concerning
the creation of an emergency medical authority known
as the Emergency Medical Authority which shall provide
for independent medical direction & control of pre-
hospital emergency medical providers, & select & regu-
late ground ambulance transport providers for the City,
be placed on the ballot for the general election to be
held Nov. 7, 2000. (ADOPTED, 7-0; A-80424.)
21) App. of the American Heart Assoc. to conduct a raffle
within the City of Lincoln from Oct. 23, 2000 thru Nov.
18, 2000. (ADOPTED, 7-0; A-80425.)
PETITIONS & COMMUNICATIONS
22) Setting hearing date of Mon., Oct. 2, 2000 at 1:30
p.m. on the Man. App. of Robert J. Morris for Sydran
Food Services III LP dba Chili's Southwest Grill at
6730 S. 27th St. (ADOPTED, 7-0; A-80426.)
23) Setting hearing date of Mon., Oct. 2, 2000 at 1:30
p.m. on the App. of Outback Steakhouse FL Inc. dba
Outback Steakhouse for an addition to their licensed
premise at 633 N. 48th St. (Retail Class I Liquor
License) (ADOPTED, 7-0; A-80427.)
24) Setting hearing date of Mon., Oct. 2, 2000 at 1:30
p.m. on the App. of Lincoln Spaghetti Works Inc. dba
Lincoln Spaghetti Works for an addition to their
licensed premise at 228 N. 12th St. (Retail Class C
Liquor License) (ADOPTED, 7-0; A-80428.)
25) Change of Zone 3281 - App. of Planning Director for
a text change amendment to LMC Sec. 27.54.030 to
remove one acre minimum from "P" Zone.
(REFERRED TO PLANNING DEPT.)
26) UNL Microbiologist Report of water tested for the
month of Aug., 2000. (PLACED ON FILE)
27) MISCELLANEOUS REFERRALS
Report from City Treasurer of Telecomm. Occ. Tax due as
follows: May, 2000: International Exchange Comms.; Aug.,
2000: One Call Comms. (PLACED ON FILE)
Two Petitions to Vacate Public Way in the south 150'
of N. 67th St. between Seward Ave. & Kearney Ave.
submitted by James M. Young & Paul N. Heiman and
Darrel W. & Viona C. Simonds. (REFERRED TO LAW
REPORTS OF CITY OFFICERS
28) Investment of Funds. (ADOPTED, 7-0; A-80429.)
29) Report from City Treasurer of Telecomm. Occ. Tax due
from Global Crossing Telecomms. for the month of
July, 2000. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 30 THRU 40 HAD 1ST READING.)
30) 00-155 Amending the LMC by creating a new Title 7, Ambulance
Transportation Code, to establish a process by which
persons may apply for & receive a license to provide
routine ambulance service, to establish emergency
ambulance service to be provided by the City, & to
establish a process for the provision of stand-by
ambulance service by adding Sections 7.04.010 to
7.04.210 which sections set forth definitional terms
including Ambulance, Ambulance Service, Area of City
Service, Emergency Ambulance Service, Emergency Call,
Emergency Medical Services, Emergency Medical Services
Oversight, Emergency Medical Technician (EMT), Emergency
Medical Technician - Intermediate (EMT-1), Emergency
Medical Technician - Paramedic (EMT-P), License,
Medical Care Protocols, Medical Director, 911 Center,
Operator, Patient, Person, Routine Ambulance Service,
Stand-by Ambulance Service, Trip Record, to be used
in Title 7; Sec. 7.06.010 providing that no person shall
operate within the City of Lincoln a routine ambulance
service without first having obtained a license therefore;
Sec. 7.06.020 establishing a process by which a person may
make application for a license to provide routine ambulance
service; Sec. 7.06.030 providing a process by which a
license for operation of a routine ambulance service may be
issued; Sec. 7.06.040 setting forth the term of such
license; Sec. 7.06.050 setting forth the form & content of
a license; Sec. 7.06.060 setting forth the standards for
ambulance equipment in the operation of a routine ambulance
service; Sec. 7.06.070 setting forth the standards of
operation of a routine ambulance service; Sec. 7.06.080
requiring interconnection between the 911 Center & a routine
ambulance service; Sec. 7.06.090 setting forth dispatch
requirements; Sec. 7.06.100 setting forth the right of
the City to audit & inspect records of a routine ambulance
service; Sec. 7.06.110 setting forth records & reports which
shall be kept by a routine ambulance service; Sec. 7.06.120
setting forth the insurance requirements for a routine
ambulance service; Sec. 7.06.130 set-ting forth the process
by which the City may suspend or revoke a license for the
operation of a routine ambulance service; Sec. 7.06.140
setting forth the penalties for operating a routine
ambulance service without first obtaining a license
therefore; Sec. 7.08.010 setting forth the Fire Dept.'s
authority to provide ambulance service necessarily
including emergency ambulance service & setting forth the
process by which fees for such service will be set by City
Council; Sec. 7.08.020 establishing the ambulance fund;
Sec. 7.08.030 setting forth the City's authority to enforce
the collection of fees for ambulance service provided by
the City; Sec. 7.08.040 making it unlawful for any person
other than the City of Lincoln to furnish emergency
ambulance service, defenses to such prosecution &
exceptions, & the penalies upon conviction thereof;
Sec. 7.08.050 setting forth the maximum desired response
time in the provision of emergency ambulance service.
31) 00-156 Amending Chapter 2.20 of the LMC relating to the
Fire Dept. by amending Sec. 2.20.010 to broaden the
Fire Chief's duties to include the management of a
city ambulance program to provide emergency
ambulance service, & to perform record keeping &
reporting duties associated therewith, including
financial records, trip records, & daily logs;
amending Sec. 2.20.080 to broaden the Fire Chief's
or the officer's in command authority to direct such
operation as may be necessary to provide out-of-
hospital emergency medical services including
transports at the scene of a fire or other emergency
invol-ving the protection of life or property
32) 00-163 Creating Ornamental Lighting Dist. in Woods
Ave. from 33rd St. east to S. 38th St.
33) 00-164 Creating Ornamental Lighting Dist. in 25th
St. from Van Dorn to High Sts.
34) 00-166 Amending Sec. 14.70.040 of the LMC to remove the
references to side-walks from the area the City
Public Works Dept. is required to backfill for cuts,
trenches, or excavation.
35) 00-167 Change of Zone 3276 - Amending Chapter 27.33 of the LMC to
require fences to screen automobile lots, service stations,
appliance sales, & repair operations in the B-3 Zoning Dist.
when located within 100' of any residential use or district;
to make those uses conditional uses; & to prohibit those as
new uses within 100' of residential uses or districts.
Planning Dept. Exhibits: Fact Sheet (30K)
36) 00-168 Vacating Charleston St. between I-180/N. 6th St. &
Sun Valley Blvd.
Planning Dept. Exhibits: Fact Sheet (15K)
37) 00-169 Vacating the north/south alley from Seward Ave.
north to the east/west alley in Block 95, Havelock
Add., generally located between N. 62nd & N. 63rd Sts.
Planning Dept. Exhibits: Fact Sheet (16K)
38) 00-170 Change of Zone 3280 - Amending Title 27 of the LMC
to define & allow sexually oriented live entertainment
establishments as a permitted special use in the H-1,
H-2, H-3, H-4, I-1, I-2, & I-3 Zoning Dists.
Planning Dept. Exhibits: Fact Sheet (27K)
(TO HAVE 2ND & 3RD READING ON 9/25/00, 7-0.)
39) 00-171 Renaming specific streets within North Hills Pre.
Plat generally located at N. 14th & Morton Sts. as
follows: Shooting Star Dr. west from 15th St.
renamed as "Pegram Dr."; Snowflake Dr. renamed as
"Kennedy Dr."; Snowflake Ct. renamed as "Kennedy
Ct."; & Patrick Ct. renamed as "Maze Ct.".
Planning Dept. Exhibits: Fact Sheet (6K)
40) 00-172 Amending Sec. 21.56.170 of the LMC to allow refuse &
garbage removal service once a week when certain
receptacles or containers for the storage of garbage
RESOLUTION - HAD PUBLIC HEARING - FOR COUNCIL ACTION
41) 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. Exhibit: #1 (39K)
(SUBSTITUTE AGRMT. ACCEPTED, 7-0; ADOPTED, 7-0; A-80430.)
ORDINANCES - 3RD READING
42) 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 (40K)
(PLACED ON PENDING,7-0.)
43) 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 gen-erally
located at S. 84th St. & Old Cheney Rd.
Planning Dept. Exhibits: Fact Sheet (47K)
(PASSED, 4-3; COOK, MCROY & SENG DISSENTING; #17727.)
PENDING LIST (EXTENDED ONE WEEK. SEE ITEMS 50 & 61.)
44) 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)
45) 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)
46) 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)
47) 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)
48) 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
49) 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)
50) 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) (REMOVED FROM PENDING
FOR PUB. HEARING & ACTION ON 9/25/00, 7-0.)
51) 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)
52) 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)
53) 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
54) 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)
55) 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)
56) 00-106 Creating Sewer Dist. 1174 in Old Dairy Rd. from 27th
St. west approx. 600'. (5/30/00 - Placed on
57) 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
58) 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
59) 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 pro-
gram; adding a new section numbered 2.20.015 to
provide that emergency medical services & ambulance
transport be assigned to the Fire Dept. (7/3/00 -
Placed on Pending)
60) 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)
61) 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) (REMOVED FROM
PENDING FOR PUB. HEARING & ACTION ON 9/25/00, 7-0.)
62) 00-130 Amending Chapter 12.20 of the LMC relating to trees
& shrubbery by add-ing 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
63) 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)
64) 00-154 Vacating the north-south alley north of "N" St.
between 13th & 14th Sts. (9/11/00 - Placed on Pending)
Planning Dept. Exhibits: Fact Sheet (16K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, SEPTEMBER 25, 2000: (APPROVED, 7-0.)
65) 00R-254 Appointing Nicole Simon to the Lincoln-Lancaster
Women's Commission to fill an unexpired term
expiring Jan. 1, 2003.
66) 00R-255 Approving an Agrmt. between the City & the State of
Nebraska Dept. of Motor Vehicles for renewal of the
City's Commercial Motor Vehicles Third Party Tester
Certificate to allow the City to conduct
examinations for commercial drivers licenses.
67) 00R-256 Amending Reso. A-79846 to authorize certain City
employees' participation in the Post Employment
68) 00R-257 Authorizing Loren Prescott dba Jimmy John's to
occupy a portion of the public right-of-way at 101
N. 14th St. for use as a sidewalk cafe.
69) 00R-258 Comp. Plan Amendment No. 94-45 - Amending the 1994
Lincoln/Lancaster County Comprehensive Plan to
incorporate by reference the "Greater Arnold Heights
Area Neighborhood Plan."
70) 00R-259 Special Permit 1825A - Amending the Prairie View
Estates C.U.P. create 34 lots & one outlot; a waiver
of the landscape screen along the west boundary; a
reduction of the front yard setback along W. "A" St.
for Lots 3, 4, & 5, Block 2; & allowing approval by
the Planning Director of administrative final plats,
on property generally located at S.W. 10th & W, "A"
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 (9/20/00) PRIOR TO THE NEXT
FORMAL CITY COUNCIL MEETING (9/25/00).
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 2:26 P.M.
Hearing date of Mon., Sept. 25, 2000 at 5:30 p.m. on App. of
Hinky Dinky Lincoln #9, LLC dba Sun Mart #738 for a Class D
Liquor License at 2145 S. 17th St.
Hearing date of Mon., Sept. 25, 2000 at 5:30 p.m. on App. of
Hinky Dinky Lincoln #11 LLC dba Sun Mart #731 for a Class D
Liquor License at 2600 S 48th St.
CAMP Moved to reconsider 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. (9/11/00 - Adopted Sub. Reso. #2, 4-3; Johnson, McRoy, Seng
Seconded by Johnson & LOST by the following vote: AYES: Camp,
Johnson; NAYS;: Cook, Fortenberry, McRoy, Seng, Shoecraft.
2000 Agenda History