Council Seal
City of Lincoln
City Council
Agenda

       ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
               MONDAY, OCTOBER 23, 2000 AT 1:30 P.M.

		     ALL MEMBERS PRESENT.

PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)  Exhibit   Man. App. of Jody A. Kimmerling for LPG Corp. dba
       661K    Buster's Barbecue & Brew at 2435 S. 48th St. 
               (10/16/00 - Action delayed for 1 week to 10/23/00)
               (ADOPTED FOR APPROVAL, 7-0; A-80501.)

 2)  Exhibit   App. of Wine Merchants Inc. for a special designated
       172K    liquor license (SDL) covering an area measuring 62'
               by 48' at Lincoln Trap & Skeet, 4855 N. 48th St. on
               Oct. 28, 2000 from 6:00 p.m. to 1:00 a.m.
               (ADOPTED FOR APPROVAL, 7-0; A-80502.)

 3)  Exhibit   App. of B & R Stores dba Super Saver for a SDL covering
       87K    an area measuring 40' by 60' in the parking lot at 233
               N. 48th St. on Nov. 3, 4, & 5, 2000, from 12:00 p.m. to 
               8:00 p.m.  (WITHDRAWN, 7-0.)

 4)  Exhibit   Man. App. of Stacey M. Wiltshire for Inter Com Club,
       178K    Inc. dba Nebraska Club at 2000 US Bank Bldg.
               (ADOPTED FOR APPROVAL, 7-0; A-80503.)

 5)  Exhibit   App. of Bugeater Investments, Inc. dba The Watering
       389K    Hole for a Retail Class I Liquor License at 1321 "O" St.
               (ADOPTED FOR APPROVAL, 6-1; FORTENBERRY DISSENTING; 
	       A-80504.)

 6)  Exhibit   Man. App. of Gerard William Coyne for Bugeater
       290K    Investments, Inc. dba The Watering Hole at 1321 "O" St.
 	        (ADOPTED FOR APPROVAL, 7-0; A-80505.)

 7)  Exhibit   Man. App. of Kevin C. Howell for B.V.R., Inc. dba
       247K    Kamakazee's at 1600 "O" St. (ADOPTED FOR APPROVAL,
               7-0; A-80506.)


PUBLIC HEARING
ORDINANCES - 2ND READING   (ITEMS 8 THRU 11 HAD PUBLIC HEARING.)

 8)  00-186    Change of Zone 3284 - Amending Chapter 27.58 of the
               LMC to delete all references to the "Airport Environs
               Noise Dist. 2" by amending Sections 27.58.010,
               27.58.020, 27.58.030, 27.58.050, 27.58.060, 27.58.080,
               & 27.58.100 to allow certain properties between Ldn 65
               & Ldn 70 to be used for residential purposes.
               Planning Department Exhibits: Fact Sheet (16K)

 9)  00-187    Change of Zone 3271 - Amending Chapter 27.67 of the
               LMC by adding Sec. 27.67.085 to expand the regulation
               of the parking of unregistered, wrecked, non-operating,
               junked or partially dismantled vehicles to the 3-mile
               jurisdiction of the City.
               Planning Department Exhibits: Fact Sheet (16K)

10)  00-188    Renaming Box Canyon Dr. & Box Canyon Cir. as "Wilder-
               ness Woods Place" generally located at Wilderness Ridge
               Dr. & Yankee Hill Rd.
               Planning Department Exhibits: Fact Sheet (7K)

11)  00-189    Renaming Big Sky Cir. as "Stone Creek Loop North" &
               Moon Light Cir. as "Stone Creek Loop South" generally
               located at Wilderness Ridge Dr. & Yankee Hill Rd.
               Planning Department Exhibits: Fact Sheet (7K)

PUBLIC HEARING - RESOLUTIONS

12)            App. of Pius X High School Booster Club - B.O.L.T.,
               6000 A St., to conduct a raffle within the City. 
               (ADOPTED, 7-0; A-80507.)

PETITIONS & COMMUNICATIONS

13)   MISCELLANEOUS REFERRALS

               Report from City Treasurer of City Cash on hand at
               the close of business on Sept. 29, 2000.
               (PLACED ON FILE)

               Petition to Vacate Public Way in the west 18' of 8th
               St. abutting Lot 6, Block 30 submitted by Journal
               Star Printing Co. (REFERRED TO LAW DEPT.)

               Petition to Vacate Public Way in the south 20' of R
               St. from the east R-O-W line of 8th St. abutting
               Lots 5 & 6 of Block 30 submitted by Journal Star
               Printing Co. (REFERRED TO LAW DEPT.)

               Petition to Vacate Public Way in W. P St., Sun
               Valley to Salt Creek submitted by P & L Investments.
               (REFERRED TO LAW DEPT.)

REPORTS OF CITY OFFICERS

14)            Clerk's Letter & Mayor's Approval of Ordinances &
               Resolutions passed on Oct. 9, 2000.  (PLACED ON FILE)

15)            Investment of Funds.

16)            Reports from City Treasurer of Telecomm. Occ. Tax
               due for Sept., 2000 from Nextel West Corp. & for the
               third quarter of 2000 from Winstar Wireless.
               (PLACED ON FILE)

17)            Report from City Treasurer of Franchise Fees due
               from Utilitcorp United aka Energy One for the month
               of Sept., 2000.  (PLACED ON FILE)


ORDINANCES - 1ST READING  (ITEMS 18 THRU 20 HAD 1ST READING)

18)  00-190    Amending Sec. 10.12.020 of the LMC to provide a
               minimum penalty for violating a traffic control
               device in the minimum amount of $75.00.

19)  00-191    Amending Sec. 9.16.230 of the LMC regarding Public
               Nudity to make language consistent by requiring a
               fully opaque covering over the areola.

20)  00-196    Amending Sec. 5.04.230 of the LMC to make the
               definition of nudity consistent within the LMC.


ORDINANCES - 3RD READING

21)  00-182    Change of Zone 3278 - App. of Hendricks Investments,
               L.L.C. to reduce the building line district from 50'
               to 40' along South St. between Folsom St. & S. 1st St.
               Planning Department Exhibits: Fact Sheet (21K)
	       (PASSED, 7-0; #17748.)

22)  00-183    Amending the corporate limits of the City by annexing
               approx. 84.46 acres of property generally located at
               S. Folsom & South Sts.
               Planning Department Exhibits: Fact Sheet (26K)
	       (SUB. ORD. ACCEPTED & PASSED, 7-0; #17749.)

23)  00-185    Approving a transfer of appropriations within the Water
               Construction Fund of $125,000 from Capital Improvement
               Proj. 701283, Water Transmission Pump Station Replace-
               ment & $75,000 from Capital Improvement Proj. 701024,
               Well Replacements - Ashland, to Capital Improvement
               Proj. 700806, Water Filter-to-Waste Facility; & $10,000
               from Capital Improvement Proj. 506232, Water Distribu-
               tion Main in NW 12th St. from Ogden to Highlands to Cap-
               ital Improvement Proj. 701025, PVC Storage Building. 
               (10/16/00 - Sub. Ord. Accepted)
               Public Works & Utilities Exhibits: Fact Sheet (88K)
	       (PASSED, 7-0; #17750.)

24)  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) (10/16/00 - Removed from Pending for
               Action only on 10/23/00) (Motion to Amend)
	       (AMENDED, 7-0; ACTION DELAYED W/PUBLIC HEARING
               TO 10/30/00, 7-0.)

PENDING LIST  (EXTENDED ONE WEEK.  SEE ITEMS 36, 39, 44, 45 & 46.)

25)  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)

26)  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)

27)  97-122    Amending Sec. 5.04.060 of the LMC to prohibit issuance
               of SDL's for sale of liquor to the general public in 
               the downtown area on home football game days. 
               (8/25/97 - Amended; Placed on Pending)

28)  97-142    Change of Zone 3076 - App. of Dustrol,  Inc. for a
               change from AG Agricul-tural 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)

29)  99R-134   Approving a recommendation that the Mayor amend Admin-
               istrative 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)

30)  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)

31)  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)

32)  00-65     Change of Zone 3196 - App. of the Interim Planning
               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 Agricultural 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-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)

36)  00-154    Vacating the north-south alley north of "N" St.
               between 13th & 14th Sts.  (9/11/00 - Placed on
               Pending)  (REMOVED FROM PENDING FOR ACTION ONLY
               ON 10/30/00, 7-0.)

37)  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)

38)  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. (9/25/00 - Placed on Pending)

39)  00R-269   Amending the "Design Standards for Land Subdivision
               Regulations", the "Design Standards for Zoning
               Regulations", & the "Miscellaneous Design Standards"
               & to combine the Design Standards into a single
               document entitled "The City of Lincoln Design
               Standards."  (10/2/00 - Public Hearing & Action
               delayed to 10/9/00) (Motion to Amend) (10/9/00 -
               Placed on Pending) (REMOVED FROM PENDING FOR
               PUB. HEARING & ACTION ON 11/6/00, 7-0.)

40)  00-160    Ord. 17727 - Change of Zone 3207 - App. of Realty
               Trust Group for a change from AG Agricultural to B-2
               Planned Neighborhood Business Dist. on pro-perty
               generally located at S. 84th St. & Old Cheney Rd. 
               (10/2/00 - Placed on Pending)
               Planning Department Exhibits: Fact Sheet (47K)

41)  00-181    Change of Zone 3283 - Amending Title 27 of the LMC
               to permit Adult Care Centers by special permit in
               the R-1, R-2, R-3, R-4, & R-5 Dists.   (In connec-
               tion w/00R-279)  (10/16/00 - Placed on Pending)
               Planning Department Exhibits: Fact Sheet (42K)

42)  00R-279   Special Permit 1851A - App. of Tabitha, Inc. &
               Tabitha Housing Corp., to operate a combined early
               childhood care facility & adult care center for a
               maxi-mum of 42 children & 20 adults, with a maximum
               of 9 employees, & waiving the required access to an
               arterial street on property generally located at
               48th & J Sts.  (In connection w/00-181)  (10/16/00 -
               Placed on Pending)

43)  00-177    Vacating a portion of N. 60th St. from Seward Ave.
               south 142 ft.
               Planning Department Exhibits: Fact Sheet (16K)

44)  00-173    Ord. 17740 - Change of Zone 3269 - App. of Krein
               Real Estate, Inc. for a change from R-1 & 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.  (In connection w/00R-271,
               00R-272) (10/16/00 - Reconsidered, 6-0; Action
               delayed 2 weeks to 10/30/00, 6-0)
               Planning Department Exhibits: Fact Sheet (56K)
	       (REMOVED FROM PENDING FOR PUB. HEARING & ACTION ON 11/6/00,
               7-0.)

45)  00R-271   Resolution A-80486 - Use Permit 131 - App. of Krein
               Real Estate, Inc. to con-struct seven 5,000 sq. ft.,
               one-story, office/medical buildings & associated
               parking, with requests to reduce the private roadway
               width of Waltz Rd. & to waive sidewalks along one
               side of the private roadways, on property generally
               located at S. 56th St., 1/4 mile south of Old Cheney
               Rd.  (In connection w/00R-272, 00-173)  (10/16/00 -
               Reconsidered, 6-0; Action delayed 2 weeks to
               10/30/00, 6-0)
               Planning Department Exhibits: Fact Sheet (52K)
	       (REMOVED FROM PENDING FOR PUB. HEARING & ACTION ON 11/6/00,
	       7-0.)

46)  00R-272   Resolution A-80487 - Special Permit 1855 - App. of 
               Krein Real Estate, Inc. to develop 44,000 sq. ft. of
               retail/commercial floor area, a reduction of the
               front yard, a reduction of the private roadway width
               of Waltz Rd., & a waiver of sidewalks along one side
               of the private roadways, on property generally loca-
               ted at S. 56th St., 1/4 mile south of Old Cheney Rd. 
               (In connection w/00R-271, 00-173)  (10/16/00 -
               Reconsidered, 6-0; Action delayed 2 weeks to
               10/30/00, 6-0)
               Planning Department Exhibits: Fact Sheet (55K)
	       (REMOVED FROM PENDING FOR PUB. HEARING & ACTION ON 11/6/00,
	       7-0.)

WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, OCTOBER 30, 2000:  (APPROVED, 7-0.)
     
47)  00R-290   Appointing Bruce Helwig to the Historic Preservation
               Commission to fill an unexpired term expiring April
               15, 2002.

48)  00R-291   Comp. Plan Amendment 94-60 - Amending the Future
               Land Use, Long Range Transportation, Stormwater,
               Community Facilities, & other appropriate portions
               of the Comprehensive Plan to reflect the elements of
               the Antelope Valley Project.
               Planning Department Exhibits: Fact Sheet (78K)

49)  00R-292   Reappointing Laurie Yoakum, Kathy McKillip & Diana
               Pasco to the Com-munity Development Task Force for
               three-year terms expiring Aug. 31, 2003.

50)  00R-293   Appointing Mary Jane Steward, John Carter, Tony
               Nguyen, Lori Lopez Urdiales, Gary Hejl, & Kenetta
               Wallace to the community Development Task Force for
               3-yr. terms expiring Aug. 31, 2003.

51)  00R-294   Accepting the report of new & pending claims against
               the City & approving disposition of claims set forth
               therein for the period of October 1-15, 2000. 
               Law Department: Exhibit (33K)

52)  00R-295   Authorizing the Mayor to execute an exhibit to the
               Interlocal Agrmt., which created the Joint Antelope
               Valley Authority, to incorporate Exhibit "B" initia-
               ting the Implementation Period of the Agreement upon
               receipt of the Record of Decision approving the
               Antelope Valley Environmental Impact Statement.

53)  00R-297   Approving a Management Agrmt. between the City & SMG
               to provide for management, marketing, entertainment,
               administration, & procurement services for Pershing
               Municipal Auditorium.


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 (10/25/00) PRIOR TO THE NEXT
     FORMAL CITY COUNCIL MEETING (10/30/00).

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

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