Council Seal
City of Lincoln
City Council
Agenda

   ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD
            MONDAY, OCTOBER 30, 2000 AT 5:30 P.M.

              ALL MEMBERS PRESENT EXCEPT FORTENBERRY

PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE.


PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 1 THRU 3 HAD 2NDREADING)

 1)  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.

 2)  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.

 3)  00-196    Amending Sec. 5.04.230 of the LMC to make the
               definition of nudity consistent within the LMC.


PUBLIC HEARING - RESOLUTIONS

 4)  00R-290   Appointing Bruce Helwig to the Historic Preservation
               Commission to fill an unexpired term expiring April
               15, 2002. (ADOPTED, 6-0; A-80509)

 5)  00R-292   Reappointing Laurie Yoakum, Kathy McKillip & Diana
               Pasco to the Com-munity Development Task Force for
               three-year terms expiring Aug. 31, 2003.
               (ADOPTED, 6-0; A-80510)

 6)  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. (ADOPTED, 6-
               0; A-80511)

 7)  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.
               (ADOPTED, 6-0; A-8O512)

 8)  00R-297   Approving a Management Agrmt. between the City & SMG
               to provide for management, marketing, entertainment,
               administration, & procurement services for Pershing
               Municipal Auditorium. (ADOPTED,  6-0; A-80513)

 9)  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 (K)
               (ACTION DELAYED ONE WEEK TO 11/6/00, 6-0)

10)  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.
               (ACTION DELAYED ONE WEEK TO 11/6/00, 6-0)

PETITIONS & COMMUNICATIONS

11)            Petition to Vacate Public Way the East 5 ft. of 2nd
               Street between the South line of F Street & the North
               line of the alley between F & E Streets signed by Carl
               Matthews.  (REFERRED TO LAW)

12)   MISCELLANEOUS REFERRALS


               Petition to Vacate Public Way in Old Channel of Salt
               Creek from the North line of Lot 4, Crescent Glen
               Industrial Park to the East R-O-W. of N.
               33rd St. submitted by Norma Olston, Glen
               Manske & Rollie Johnson.  (REFERRED TO LAW DEPT.)

               Petition to Vacate Public Way in Old Channel of Salt
               Creek from the south R-O-W. of Edison St. to the
               East R-O-W. of North 33rd St. submitted by
               Norma Olston, Glen Manske, & Rollie Johnson.
               (REFERRED TO LAW DEPT.)

               Petition to Vacate Public Way in Old Channel of Salt
               Creek from the South R-O-W line of Edison St. to the
               South line of Lot 140 I.T. in the SE 1/4 of Sec. 7,
               I10N, R7E submitted by Norma Olston, Glen Manske &
               Rollie Johnson. (REFERRED TO LAW DEPT.)

               Petition to Vacate Public Way in the East 5' of
               2nd St. between the South line of F St. &
               the North line of the alley between F & E Streets
               submitted by Carl Matthews. (REFERRED TO LAW DEPT.)

               Setting Hearing date of Nov. 13, 2000 at 1:30 on the
               App. of O'Fouteen, Inc. dba Woody's Pub for a Retail
               Class C Liquor License at 101 N. 14th
               Street. (ADOPTED, 6-0; A-80515)

               Setting Hearing date of Nov. 13, 2000 on the App. of
               Pearl's Inc. dba Pearl's Café for a Retail Class I
               Liquor License at 311 N. 8th Street, Ste.
               102. (ADOPTED, 6-0; A-80516)

               Setting Hearing date of Nov. 13, 2000 on the App. of
               MIP Two,Inc. dba Mickey's Irish Pub for a Retail
               Class I Liquor License at 1409 O Street. 
               (ADOPTED, 6-0; A-80517)

        THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.:
              Change of Zone 3289 - App. of Ridge Development Co.
                    from R2 to R3 at N. 21st & Folkways.
              Special Permit No. 1875 - App. of Union College
                    (Incorporated) of College View to build a
                    communications facility at 3800 S. 48thSt.
              Special Permit no. 1878 - App. of Concord Enterprises,
               	    Inc. to build a communications facility at 1701 
		    Windhoek.
              Special Permit No. 1885 - App. of Lincoln Airport    
                    Authority for a scrap processing facility at
                    5510 NW 39th St.


REPORTS OF CITY OFFICERS

13)            Clerk's Letter & Mayor's Approval of Ordinances &
               Resolutions passed on Oct. 16, 2000.  (place on file)

14)            Investment of Funds.

15)            Reports from City Treasurer of Telecomm. Occ. Tax
               due for July thru Sept., 2000 from Claricom, Zenex,
               AmeriVision; Sept., 2000: D & D, USA Paging, Long
               Distance of Michigan, Nextlink, Assn. Administrators,
               Big Planet, I-Link, Business Telecom., Telco, Light-
               year, GTC, RSL Com USA, Comdata, Glyphics, NOSVA,
               Tri-M, Teligent, Incomnet, Single Billing Services,
               Equality, LDM, NOS Comm., GST NET, GlobalCom, Global
               Telephone, LCI, Working Assets, Cincinnati Bell Long
               Distance, Touch America, Qwest, Viatel, Primus, Trans
               Nat'l., Phoenix, Topp Telecom., Opex, Atlas. 
	       (place on file)

16)            Report of Lincoln Water & WasteWater System Recapitula-
               tion of Daily Cash Receipts for Sept., 2000.  
	       (place on file)

17)            Request of Public Works to set the Hearing Date of
               Monday, Nov. 27, 2000 at 5:30 p.m. & place on the
               formal city Council Agenda the following:
               00-192    To provide authority to create a Water
                         District to construct an 8-inch water main
                         in Gladstone St., 35th to
                         36th St. Gladstone to Hartley Sts.
               00-193    To provide authority to create a Paving
                         Dist. in Gladstone, 35th to
                         36th Sts. & 35th St.,
                         Gladstone to Hartley.
               00-194    To provide authority to create a Paving
                         Dist. in Northwest 10th St., West
                         Dawes to West Belmont Sts.
               00-195    To provide authority to create an Alley
                         Paving Dist. to construct concrete
                         pavement in the East/West alley,
                         47th St. to 48th St.,
                         Lowell Ave. to Prescott Ave.
               00-296    To provide authority to order the
                         construction of sidewalks at various
                         locations throughout the City.  The
                         general boundary being from SW
                         27th & West O St. on the west,
                         27th & Whitehead Dr. on the north,
                         80th & Leighton on the east &
                         40th & Eagle Ridge Road on the
                         south. (APROVED, 6-0)

18)            Setting hearing date of Mon., Nov. 20, 2000, at
               10:00 a.m. on the Board of Equalization Meeting for
               Downtown Maintenance Dist., Downtown Business
               Improvement Dist., & Core Business Improvement Dist.
               Overlay.  (APPROVED, 6-0)


ORDINANCES - 1ST READING

19)  00-197    Amending Ordinance No. 17595, passed January 24,
               2000, to include additional properties from which
               right-of-way is to be acquired for the improvement
               of East O Street from 52nd Street to Wedgewood Drive.
               Public Works & Utilities Exhibits: Fact Sheet (K)

20)  00-198    Change of Zone 3286 - Application of Elliott and Lynne
               Rustad for a change of zone from R-3 Residential to
               B-2 Planned Neighborhood Business Dist. on property
               generally located at North 27th Street and Folkways
               Boulevard.

21)  00-199    Vacating North 40th Street from the John Dietrich
               Trail north to the terminus of North 40th Street,
               generally located at the north end of 40th Street,
               north of Adams Street.
               Planning Department Exhibits: Fact Sheet (K)

22)  00-200    Vacating West N Street from the west line of South
               Coddington to a point approximately 300 feet west thereof. 
               Planning Department Exhibits: Fact Sheet (K)

23)  00-201    Amending the pay schedules of employees whose classifi-
               cations are assigned to the pay range prefixed by the
               letter "M" by creating the classification of "Public
               Works Special Project Administrator."

24)  00-202    Amending the pay schedules of employees whose classifi-
               cations are assigned to the pay range prefixed by the
               letter "A" by creating the classification of "EMS
               Business Manager."

25)  00-203    Amending Chapter 10.42 of the Lincoln Municipal Code
               relating to Abandoned Vehicles by amending Section
               10.42.110 to add an exception for the keeping of
               wrecked or junked vehicles located on a farmstead
               and by amending Section 10.42.115 to clarify that a
               hobbyist permit only covers the storage of vehicles
               and does not authorize the storage of miscellaneous
               vehicle parts or junk contained in, on, or near the
               vehicle and to limit the hobbyist permits to one
               renewal.


ORDINANCES - 3RD READING

26)  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.  (10/23/00 -
               amended; to have Action only on 10/30/00) 
	       (ACTION DELAYED ONE WEEK TO 11/6/00, 6-0)

27)  00-154    Vacating the north-south alley north of "N" St. between
               13th & 14th Sts. 
	       (PASSED, 6-0; #17751)

28)  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 (K)
	       (PASSED, 6-0; #17752)

29)  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 three-mile
               jurisdiction of the City. 
               Planning Department Exhibits: Fact Sheet (K)
	       (PASSED, 6-0; #17753)

30)  00-188    Renaming Box Canyon Dr. & Box Canyon Cir. as
               "Wilderness Woods Place" generally located at
               Wilderness Ridge Dr. & Yankee Hill Rd.
               Planning Department Exhibits: Fact Sheet (K)
	       (PASSED, 6-0; #17754)

31)  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 (K)
	       (PASSED, 6-0; #17755)

PENDING LIST  (EXTENDE 1 WEEK)

32)  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)

33)  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)

34)  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)

35)  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)

36)  99R-134   Approving a recommendation that the Mayor amend
               Administrative Regula-tion #9 to allow for the
               creation & implementation of a take-home vehicle
               program for police officers in targeted revitaliza-
               tion strategy areas.  (5/10/99 - Placed on Pending)

37)  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)

38)  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)

39)  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)

40)  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 connec-
               tion w/00-65) (4/17/00 - Placed on Pending)

41)  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)

42)  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)

43)  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)

44)  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)

45)  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) (10/23/00 - Public Hearing &
               Action 11/6/00)

46)  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 (K)

47)  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 (K)

48)  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)

49)  00-177    Vacating a portion of N. 60th St. from Seward Ave.
               south 142 ft.
               Planning Department Exhibits: Fact Sheet (K)

50)  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) (10/23/00 - Public
               Hearing & Action 11/6/00)
               Planning Department Exhibits: Fact Sheet (K)

51)  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) (10/23/00 - Public Hearing & Action
               11/6/00)
               Planning Department Exhibits: Fact Sheet (K)

52)  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) (Public Hearing & Action 11/6/00)
               Planning Department Exhibits: Fact Sheet (K)

WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, NOVEMBER 6, 2000: APPROVED, 6-0. 

53)  00R-298   Ordering Alley Paving District No. 358 constructed
               in the north-south alley located between St. Paul
               Avenue and Madison Avenue and North 49th and North
               50 Street.
               Public Works & Utilities Exhibits: Fact Sheet (K)

54)  00R-299   Appointing Mary Jensen to the Lincoln-Lancaster
               Women's Commission to fill an unexpired term
               expiring January 1, 2003.

55)  00R-300   Approving the agreement between the City of Lincoln
               and the State of Nebraska Department of Roads which
               provides a $20,000 increase in the maximum amount
               the State agrees to reimburse the City for
               rehabilitating the deck heating system in the 10th
               Street Pedestrian/Bikepath Overpass.
               Public Works & Utilities Exhibits: Fact Sheet (K)

56)  00R-301   Amending the 1994 Lincoln-Lancaster County
               Comprehensive Plan to adopt the Boulevard concept
               for Public Way Corridors and to incorporate the
               Lincoln Fringe Area Primary Public Way Corridor
               Study by reference.
               Planning Department Exhibits: Fact Sheet (K)

57)  00R-302   Adopting the Lincoln Electric System Annual
               Operating and Capital Improvements Budget for
               calendar year 2001.

58)  00R-303   Approving an amendment to the Downtown Lincoln
               Association Program of Work and budget for the
               provision of services under the Management and
               Maintenance Contract.

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 (11/1/00) PRIOR TO THE
     NEXT FORMAL CITY COUNCIL MEETING (11/6/00).

ADJOURNMENT  10:08 P.M.

City Council Agenda History