Council Seal
City of Lincoln
City Council
Agenda

       ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
              MONDAY, SEPTEMBER 25, 2000 AT 5:30 P.M.

		   ALL MEMBERS PRESENT

PUBLIC HEARING LIQUOR RESOLUTIONS

 1)  Exhibit   App. of Hinky Dinky Lincoln #11 LLC dba Sun Mart #731 for a 
       663K    Class D Liquor License at 2600 S 48th St.
               (ADOPTED FOR APPROVAL, 7-0; A-80431.)

 2)  Exhibit   Man. App. of Thomas K. Taylor for Hinky Dinky
     same as #1   Lincoln #11 dba Sun Mart #731 at 2600 S. 48th St.
               (ADOPTED FOR APPROVAL, 7-0; A-80432.)

 3)  Exhibit   App. of Hinky Dinky Lincoln #9, LLC dba Sun Mart
     1,953K    #738 for a Class D Liquor License at 2145 S. 17th
               St. (ADOPTED FOR APPROVAL, 7-0; A-80433.)

 4)  Exhibit   Man. App. of Timothy Brian Weixelman for Hinky Dinky
     same as #3   Lincoln #9 dba Sun Mart #738 at 2145 S. 17th St.
               (ADOPTED FOR APPROVAL, 7-0; A-80434.)

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.  (9/18/00 - Pub. Hearing cont'd w/Action to
	       9/25/00) Planning Dept. Exhibits: Fact Sheet (88K)
               (SUBSTITUTE AMENDMENT ACCEPTED & 2ND AMENDMENT
               MADE, 7-0; PASSED, 7-0; #17728.)

PUBLIC HEARING - RESOLUTIONS

 6)  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)  (8/7/00 - Placed on Pending Indefinitely)
	       (9/18/00 - Removed from Pending for Pub. Hearing & Action on
	       9/25/00) (AMENDED, 7-0; ADOPTED, 5-2; COOK & MCROY
               DISSENTING; A-80435.)

 7)  00R-254   Appointing Nicole Simon to the Lincoln-Lancaster Women's 
               Commission to fill an unexpired term expiring Jan. 1, 2003.
	       (ADOPTED, 7-0; A-80436.)

 8)  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. (ADOPTED, 7-0; A-80437.)

 9)  00R-256   Amending Reso. A-79846 to authorize certain City employees'
	       participation in the Post Employment Health Plan.
	       (ADOPTED, 7-0; A-80438.)

10)  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. (ADOPTED, 7-0; A-80439.)

11)  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."
               Planning Dept. Exhibits: Fact Sheet (44K)
               (AMENDED, 7-0; ADOPTED, 7-0; A-80440.)

12)  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" St. 
               Planning Dept. Exhibits: Fact Sheet (25K) 
	       (ADOPTED, 7-0; A-80441.)

PUBLIC HEARING

13)            Proposed use of grant money from Local Law Enforcement 
	       Block Grants Program - Lincoln Police Dept.

PUBLIC HEARING ORDINANCES - 2ND READING 
    (ITEMS 14 THRU 25 HAD PUBLIC HEARING.)

14)  00-163    Creating Ornamental Lighting Dist. 283 in Woods Ave.
               from 33rd St. east to S. 38th St.

15)  00-164    Creating Ornamental Lighting Dist. 284 in 25th St.
               from Van Dorn to High Sts.

16)  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.
               Public Works & Utitlities. Exhibits: Fact Sheet (9K)

17)  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 with 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)

18)  00-168    Vacating Charleston St. between I-180/N. 6th St. & Sun Valley
               Blvd. Planning Dept. Exhibits: Fact Sheet (15K)

19)  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. (PLACED ON PENDING, 7-0.)

20)  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 (7K)

21)  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 are provided.

22)  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) (9/18/00 - Removed from Pending; to have 2nd
	       Reading & 3rd Reading on 9/25/00) (On 3rd Reading)

23)  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. (9/18/00 - 
               To have 2nd & 3rd Reading on 9/25/00) (On 3rd Reading) 
               Planning Department. Exhibits: Fact Sheet (27K)

24)  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 Ser-vices 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 therefor; 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 inter-
               connection 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 setting 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 therefor; 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 penalties upon conviction thereof; Sec. 
               7.08.050 setting forth the maximum desired response time in
               the provision of emergency ambulance service.

25)  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 involving the protection of life or property.

PETITIONS & COMMUNICATIONS

26)            Change of Zone 3282 - App. of Livingston
               Investments, Inc. for a change from AGR to B-5 on
               property at Hwy. 2 & Pine Lake.   (REFERRED TO PLANNING.)

27)            Change of Zone 3284 - App. of Planning Director for
               a text change to LMC Sec. 27.58.   (REFERRED TO PLANNING.)

28)            Setting hearing date of Mon., Oct. 9, 2000 at 1:30 p.m. on
               the App. of Lorabelle, Inc. dba The Gravevine for a Retail
               Class I Liquor License at 2620 Stockwell.  
               (ADOPTED, 7-0; A-80442.)

29)            Setting hearing date of Mon., Oct. 9, 2000 at 1:30 p.m. on
               the App. of DLLR, Inc. dba City Spirits for deletion of an
               area measuring 42' x 28' to the south from their license
               premise at 2620 Stockwell. (ADOPTED, 7-0; A-80443.)

30)            Setting hearing date of Mon., Oct. 9, 2000 at 1:30 p.m. on
               the App. of Lazlo, Inc. dba Empyrean Ales/Lazlo's/Jabrisco's
               for a Liquor Catering License at 700-710 P St. & 729 Q St.
               (ADOPTED,7-0; A-80444.)

31)   MISCELLANEOUS REFERRALS


REPORTS OF CITY OFFICERS

32)            Clerk's Letter & Mayor's Approval of Ordinances &
               Resolutions passed on Sept. 11, 2000.  (PLACED ON PENDING.)

33)            Investment of Funds.

34)            Report from City Treasurer of Telecomm. Occ. Tax due for the
               month of Aug., 2000 from: Nextel West Corp., Trans National
               Comms. Internat'l, Primus Telecomms., Viatel Services, Touch
               America Services, Phoenix Network, Atlas Comms., Qwest
               Comms., Topp Telecom, LCI Internat'l Telecom.  
               (PLACED ON FILE)

35)            Franchise Fee Report from Utilitcorp United aka Peoples
               Natural Gas for the month of Aug., 2000.  
               (PLACED ON FILE)


ORDINANCES - 1ST READING

36)  00-173    Change of Zone 3269 - App. of Krein Real Estate,
               Inc. for a change from R-1 Residential & R-2
               Residential to R-T Residential Transition, & from R-
               1 Residential to H-4 General Commercial, on property
               generally located on the west side of the
               intersection of S. 56th St. & Waltz Rd., 1/4 mile
               south of Old Cheney Rd.
               Planning Department Exhibits: Fact Sheet (56K)

ORDINANCES - 3RD READING  (ITEM 36 HAD 1ST READING.)

37)  00-165    Naming the private road in the airport west of N. Park
               Rd. as "W. Superior St."  (PASSED, 7-0; #17729.)

38)  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) (9/18/00 - Removed from Pending; to
               have 2nd Reading & 3rd Reading on 9/25/00) (MOTION
               TO PLACE ON PENDING LOST, 3-4; COOK, MCROY & SENG ASSENTING;
               PASSED, 5-2; COOK & MCROY DISSENTING; #17730.)

39)  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.  (9/18/00 -
               To have 2nd & 3rd Reading on 9/25/00)  (PASSED, 7-0; #17731.)

PENDING LIST   (Extended One Week. See Item 51.)

40)  95-128    Change of Zone 2912 - App. of Don Fauth for a change from AG
	       to AGR on property generally located 1/2 mi. west of 
	       Coddington at SW 27th St. & Old Cheney Rd. 
               (10/14/96 - Placed on Pending)

41)  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)

42)  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)

43)  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)

44)  99R-134   Approving a recommendation that the Mayor amend Admini-
               strative 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)  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)

47)  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)

48)  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)

49)  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)

50)  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)

51)  00-106    Creating Sewer Dist. 1174 in Old Dairy Rd. from 27th
               St. west approx. 600'.  (5/30/00 - Placed on Pending)
               (REMOVED FROM PENDING & WITHDRAWN, 7-0; #38-4345.)

52)  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)

53)  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)

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

55)  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)

56)  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)

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 Pend-
               ing)

58)  00-154    Vacating the north-south alley north of "N" St. between
               13th & 14th Sts.  (9/11/00 - Placed on Pending)

59)  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.  (9/18/00 - Placed on Pending)

action continued

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