Council Seal
City of Lincoln
City Council
Agenda

     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

PUBLIC HEARING
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
               Administrator."

 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
               11/6/00)
               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;
               A-80519.)

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
               11/20/00, 6-0.)

17)  00R-303   Approving an amendment to the Downtown Lincoln
               Association Program of Work & budget for the
               provision of services under the Management &
               Maintenance Contract.
               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
               Pending)

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
               months)

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
               Pending)

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.


ADJOURNMENT


UPCOMING HEARINGS

     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
     O St.

     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
                    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 & W. O St. on the west, 27th & Whitehead
                    Dr. on the north, 80th & Leighton on the east &
                    40th & Eagle Ridge Rd. on the south.

City Council Agenda History