ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 6, 2000 AT 1:30 P.M.
ALL PRESENT EXCEPT JOHNSON.
GOVERNMENT MAN OF THE YEAR AWARD PRESENTED TO BOB SIEMSEN, BLDG. & SAFETY
PUBLIC HEARING - LIQUOR RESOLUTIONS - NONE
ORDINANCES - 2ND READING (ITEMS 1 THRU 7 HAD PUBLIC HEARING.)
1) 00-197 Amending Ord. 17595, passed Jan. 24, 2000, to
include additional properties from which right-of-
way is to be acquired for the improvement of E. O
St. from 52nd St. to Wedgewood Dr.
2) 00-198 Change of Zone 3286 - App. of Elliott & Lynne Rustad
for a change from R-3 Residential to B-2 Planned
Neighborhood Business Dist. on property generally
located at N. 27th St. & Folkways Blvd.
3) 00-199 Vacating N. 40th St. from the John Dietrich Trail
north to the terminus of N. 40th St., generally
located at the north end of 40th St., north of Adams
St. (PLACED ON PENDING, 6-0.)
4) 00-200 Vacating W. N St. from the west line of S.
Coddington to a point approx. 300' west thereof.
(PLACED ON PENDING, 6-0.)
5) 00-201 Amending the pay schedules of employees whose
classifications are assigned to the pay range
prefixed by the letter "M" by creating the
classification of "Public Works Special Project
6) 00-202 Amending the pay schedules of employees whose
classifications are assigned to the pay range
prefixed by the letter "A" by creating the
classification of "EMS Business Manager."
7) 00-203 Amending Chapter 10.42 of the LMC 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 & by amending
Section 10.42.115 to clarify that a hobbyist permit
only covers the storage of vehicles & does not
authorize the storage of miscellaneous vehicle parts
or junk contained in, on, or near the vehicle & to
limit the hobbyist permits to one renewal.
PUBLIC HEARING - RECONSIDERED ORDINANCE & RESOLUTIONS
8) 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: Fact Sheet (56K)
(AMENDED, 6-0; RE-PASSED, 6-0; #17740.)
9) 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
Planning Department: Fact Sheet (52K)
(PLACED ON PENDING, 6-0.)
10) 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: Fact Sheet (55K)
(RE-ADOPTED, 6-0; A-80487.)
PUBLIC HEARING - RESOLUTIONS
11) 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) (ADOPTED AMENDMENTS 1.a. AND 2
THRU 7; AMENDED, 6-0; ADOPTED, 6-0; A-80518.)
12) 00R-298 Ordering Alley Paving Dist. 358 constructed in the
north-south alley located between St. Paul Ave. &
Madison Ave. & N. 49th & N. 50 St. (ADOPTED, 6-0;
13) 00R-299 Appointing Mary Jensen to the Lincoln-Lancaster
Women's Commission to fill an unexpired term
expiring January 1, 2003. (ADOPTED, 6-0; A-80520.)
14) 00R-300 Approving the Agrmt. between the City of Lincoln &
the State Dept. 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 St. Pedestrian/Bikepath
Overpass. (ADOPTED, 6-0; A-80521.)
15) 00R-301 Amending the 1994 Lincoln-Lancaster County Comp.
Plan to adopt the Boulevard concept for Public Way
Corridors & to incorporate the Lincoln Fringe Area
Primary Public Way Corridor Study by reference.
(PLACED ON PENDING FOR 2 WEEKS TO 11/20/00, 6-0.)
16) 00R-302 Adopting the Lincoln Electric System Annual
Operating & Capital Improve-ments Budget for
calendar year 2001.
(MOTION TO DELAY ACTION FOR 2 WEEKS TO 11/20/00,
LOST, 2-4; COOK & FORTENBERRY ASSENTING; ADOPTED, 6-0;
RECONSIDERED, 6-0; ACTION DELAYED FOR 2 WEEKS TO
17) 00R-303 Approving an amendment to the Downtown Lincoln
Association Program of Work & budget for the
provision of services under the Management &
Public Works & Utilities: Fact Sheet (26K)
(ADOPTED, 6-0; A-80522.)
18) Assessment Resolutions for Special Assessment Group
II, Board of Equalization Meeting, Nov. 13, 2000, at
10:00 a.m. (ADOPTED, 6-0.)
PETITIONS & COMMUNICATIONS
19) Twenty-Nine Formal Ornam. Lighting Petitions
submitted for Ornam. Lighting Dist. 283, Ord. 17732,
for Woods Ave., 33rd St. to 38th St. (refer to
Public Works) (REFERRED TO LAW DEPT.)
20) Setting hearing date of Mon., Nov. 20, 2000 at 1:30
p.m. on the App. of Lincoln P Street Catering Co.
Inc. dba Embassy Suites for an addition to the
licensed premises at 1040 P St.
(ADOPTED, 6-0; A-80523.)
21) MISCELLANEOUS REFERRALS
Reports from City Treasurer of Telecomm. Occ. Tax
due as follows: July-Sept., 2000: Matrix Telecom;
September, 2000: Furst Group, Verizon Select Ser-
vices, Excel Telecomms., Coast Internat'l, Intelli-
call Operator Services, & Broadwing Telecomms.
(PLACED ON FILE)
Change of Zone 3259 - App. of Nebraska Association
of County Officials for a change from R-8 to O-1 at
725 S. 14th St. (5/30/00 - Referred to Planning) -
WITHDRAWN BY APPLICANT.
Petition To Vacate Public Way as follows: 1) west
22' of Stadium Dr. adjacent to Lots 4, 5, & 6, Block
10, Lots 1 & 2, Block 15, North Lincoln Add., vacate
"V" St., & from the south line of "U" St. north 50',
2) all of "U" St. from the east line of 9th St. to
the east line of Lot 2, Block 5, Orig. Plat of
Lincoln & south half of "U" St. from the east line
of Lot 2, Block 10, Orig. Plat of Lincoln tot he
west line of Stadium Dr., Lincoln, Lancaster County,
Nebraska. (REFERRED TO LAW DEPT.)
REPORTS OF CITY OFFICERS
22) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on Oct. 23, 2000. (PLACED ON FILE)
23) Investment of Funds.
24) Affidavit of Mailing for Board of Equalization
Meeting for Downtown Business Improvement Dist.,
Core Business Improvement District Overlay, &
Downtown Maintenance District. to be held on Mon.,
Nov. 20, 2000. (PLACED ON FILE)
25) Affidavit of Mailing for Board of Equalization
Special Assessment Group II to be held on Mon., Nov.
13, 2000 at 10:00 a.m. (PLACED ON FILE)
26) Report from City Treasurer of Franchise Fees due for
the quarter ending 9/30/00 from Time Warner Cable.
(PLACED ON FILE)
27) Report from City Treasurer of Telecomm. Occ. Tax due
as follows: July, Aug., & Sept., 2000: Touch 1
Comms.; Aug. & Sept., 2000: International Exchange
Comms.; Sept., 2000: Aliant Cellular dba Alltel,
Aliant Comms. dba Alltel, Nebraska Technology &
Telecomms., Lincoln Celtelco, Shaffer Comms.,
Airtime SMR, Sprint Comm. Co. Ltd., AT&T Comms. of
the Midwest, Sprint Spectrum, NPCR, Inc. dba Nextel,
Global Crossing Telecomms., Network Billing Systems,
& American Farm Bureau. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEM 28 HAD 1ST READING.)
28) 00-204 Approving an extension of the cable television
franchise between the City & AOL/Time Warner for an
additional 60 days beyond the extended franchise
expiration date of Nov. 15, 2000. (RULES SUSPENDED
TO HAVE 2ND & 3RD READING ON 11/13/00, 6-0.)
RESOLUTIONS - HAD PUBLIC HEARING - FOR COUNCIL ACTION
29) 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 Proj. (10/30/00 - Action
delayed for 1 week to 11/6/00) (ADOPTED, 6-0; A-80525.)
30) 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.
(10/30/00 - Action delayed for 1 week to 11/6/00)
(AMENDED, 6-0; ADOPTED, 6-0; A-80526.)
ORDINANCES - 3RD READING
31) 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.
(PASSED, 6-0; #17756.)
32) 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.
(PASSED, 4-2; COOK & MCROY DISSENTING; #17757.)
33) 00-196 Amending Sec. 5.04.230 of the LMC to make the
definition of nudity consistent within the LMC.
(PASSED, 6-0; #17758.)
34) 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
enforce-ment of this ordinance. (10/23/00 amended)
(10/30/00 - Action delayed 1 week to 11/6/00, 6-0)
(PUB. HEARING REOPENED FOR THIS DATE, 6-0; PUB. HEARING
& ACTION CONT'D TO 11/13/00, 6-0.)
PENDING LIST (EXTENDED ONE WEEK.)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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
revitalization strategy areas. (5/10/99 - Placed on
40) 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
41) 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)
42) 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)
43) 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 Neigh-borhood 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)
44) 00-72 Change of Zone 3245 - App. of Manette Kidney
for a change from AG Agri-cultural to O-2
Suburban Office on property generally located
at S. 84th St. & Old Cheney Rd. (4/24/00 -
Reconsidered & Placed on Pending)
45) 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)
46) 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
47) 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)
48) 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: Fact Sheet (47K)
49) 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: Fact Sheet (42K)
50) 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)
51) 00-177 Vacating a portion of N. 60th St. from Seward Ave.
south 142 ft. (10/16/00 - Placed on Pending)
Planning Department: Fact Sheet (16K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, NOVEMBER 13, 2000: (APPROVED, 6-0.)
52) 00R-304 Approving an extension of the contract for the
operation of a keno type lottery between the City of
Lincoln & Lincoln's Big Red Lottery Services Ltd.
53) 00R-305 Accepting the report of new & pending claims against
the City & approving disposition of claims set forth
therein for the period of October 16 - 31, 2000.
54) 00R-306 Waiving the requirement of the Design Standards for
the surfacing of a parking lot for a church located
at W. "A" St. & Homestead Expressway.
Planning Department: Fact Sheet (14K)
55) 00R-307 Approving an Agrmt. between the City & the State
Dept. of Roads for the funding of the E. "O" St.
widening project, 52nd St. to Wedgewood Dr.
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).
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.
Hearing date of Mon., Nov. 13, 2000, at 10:00 a.m. on the
Board of Equalization Meeting for Special Assessment Group II.
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 St.
Hearing date of Nov. 13, 2000 on the App. of Pearl's Inc. dba
Pearl's Cafe for a Retail Class I Liquor License at 311 N. 8th
St., Ste. 102.
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
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.
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., W. Dawes to W. Belmont
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 & W. O St. on the west, 27th & Whitehead
Dr. on the north, 80th & Leighton on the east &
40th & Eagle Ridge Rd. on the south.