City Council
Agenda
ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 13, 2000 AT 1:30 P.M.
ALL MEMBERS PRESENT EXCEPT JOHNSON
PUBLIC HEARING - LIQUOR RESOLUTIONS
1) Exhibit App. of MIP Two, Inc. dba "Mickey's Irish Pub" for a
371K Class "I" liquor license at 1409 "O" Street.
(ADOPTED FOR APPROVAL, 6-0; A-80527)
2) Exhibit Man. App. of John M. Seltzer for MIP Two, Inc. dba
125K "Mickey's Irish Pub" at 1409 "O" Street.
(ADOPTED FOR APPROVAL, 6-0; A-80528)
3) Exhibit App. of O'Fourteen, Inc. dba "Woody's Pub" for a
104K liquor catering license at 101 North 14th Street, #6.
(ADOPTED FOR APPROVAL, 6-0; A-80529)
4) Exhibit App. of Pearl's, Inc. dba "Pearl's Cafe" for a Class
235K "I" liquor license at 311 North 8th Street.
(ADOPTED FOR APPROVAL, 6-0; A-80530)
5) Exhibit Man. App. of Jeffery Dean Auld for Pearl's, Inc. dba
193K "Pearl's Cafe" at 311 North 8th Street.
(ADOPTED FOR APPROVAL, 6-0; A-80531)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 6 HAD 2ND READING)
6) 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. (On 3rd Reading)
PUBLIC HEARING
ORDINANCES - 3RD READING
7) 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.
(11/6/00 - Pub. Hearing reopened & action cont'd to
11/13/00) (PASSED AMENDMENTS 1, 7, & 8, 6-0; PASSED, 6-0;
#17759)
PUBLIC HEARING - RESOLUTIONS
8) 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.
(ADOPTED, 4-2; FORTENBERRY & CAMP DISSENTING; A-80532)
9) 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.
(ADOPTED, 6-0; A-80533)
10) 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.
(ADOPTED, 6-0; A-80534)
11) 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.
(ADOPTED, 6-0; A-80535)
11a) Assessment Resolutions for Downtown Maintenance
District, Downtown Business Improvement District &
Core Business Improvement District Overlay for Board
of Equalization, Mon., Nov. 20, 2000, at 10:00 a.m.
(APPROVED, 6-0)
PETITIONS & COMMUNICATIONS
12) MISCELLANEOUS REFERRALS
Setting Hearing date of 11/20/00 at 1:30 p.m. for
the Man. App. of Yvonne C. Jones for Whitehead Oil
Co. dba U-Stop Convenience Shop at 3244 Cornhusker
Hwy.. (ADOPTED, 6-0; A-80536)
REPORTS OF CITY OFFICERS
13) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on Oct. 30, 2000. (PLACED ON
FILE)
14) Investment of Funds. (ADOPTED, 6-0; A-80537)
15) Approving the distribution of funds representing
interest earned on short-term investments of Idle
Funds during the month ended September 2000.
(ADOPTED, 6-0; A-80538)
16) Lincoln Water & WasteWater System Recapitulation of
Daily Cash Receipts for October 2000. (PLACED ON
FILE)
17) Report from City Treasurer of Telecommunications
Occupation Tax due for the month of July, 2000:
OneStar, PNG Telecomm.; Aug., 2000: OneStar, PNG,
Int'l. Exchange; Sept., 2000: OneStar, PNG, AS
Telecomm., IBM Global, GE Capital Comm., McLeodUSA,
MCI Telecomm. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 18 THRU 21 HADST READING)
18) 00-205 Change of Zone 3204 - Application of Planning Director
for a change of zone from P Public Use to R-3 Residential
and from R-3 Residential to P Public Use on property
generally located at North 84th and Holdrege Streets.
Planning Department: Fact Sheet (15K)
19) 00-206 Change of Zone 3287 - Application of Lincoln Land &
Mortgage Company for a change of zone from R-3
Residential to R-1 Residential on property generally
located at South 73rd Street and Thomasbrook Lane.
Planning Department: Fact Sheet (15K)
20) 00-207 Vacating a portion of South 16th Street in near
Vavrina Boulevard located in Vavrina Meadows.
Planning Department: Fact Sheet (16K)
21) 00-209 Vacating a portion of Pine Lake Road from the west
line of Lazy Acres Subdivision west to the railroad
right-of-way, generally located west of South 14th
Street and Pine Lake Road.
Planning Department: Fact Sheet (16K)
ORDINANCES - 3RD READING
22) 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. (PASSED, 6-0;
#17760)
23) 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. (PASSED,
6-0; #17761)
24) 00-201 Amending the pay schedules of employees whose class-
ifications are assigned to the pay range prefixed by
the letter "M" by creating the classification of
"Public Works Special Project Administrator."
(PASSED, 6-0; #17762)
25) 00-202 Amending the pay schedules of employees whose class-
ifications are assigned to the pay range prefixed by
the letter "A" by creating the classification of "EMS
Business Manager." (PASSED, 5-1; CAMP DISSENTING; #17763)
26) 00-203 Amending Chapter 10.42 of the LMC relating to Abandoned
Vehicles by amending Section 10.42.110 to add an excep-
tion 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 stor-
age 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. (PASSED, 6-0; #17764)
27) 00-204 Approving an extension of the cable television fran-
chise between the City & AOL/Time Warner for an addi-
tional 60 days beyond the extended franchise expira-
tion date of Nov. 15, 2000. (PASSED, 6-0;
#17765)
PENDING LIST (EXTENDED ONE WEEK; SEE ITEMS 33, 48, & 49)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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) (REMOVED FROM PENDING TO HAVE PUB.
HEARING & ACTION ON 11/20/00, 6-0)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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. (11/6/00 - Placed on Pending)
46) 00-200 Vacating W. N St. from the west line of S.
Coddington to a point approx. 300' west thereof.
(11/6/00 - Placed on Pending)
47) 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) (11/6/00 - Placed on Pending)
Planning Department: Fact Sheet (52K)
48) 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.
(11/6/00 - Placed on Pending for 2 weeks to
11/20/00) (REMOVED FROM PENDING FOR PUB. HEARING
& ACTION ON 11/20/00, 6-0)
49) 00R-302 Adopting the Lincoln Electric Systm Annual Operating
& Capital Improvements Budget for calendar year
2001. (11/6/00 - Placed on Pending for 2 weeks to
11/20/00) (REMOVED FROM PENDING FOR ACTION ONLY
ON 11/20/00, 6-0)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, NOVEMBER 20, 2000: APPROVED, 6-0.
50) 00R-307a Appointing Lois Cockerham to the Food Advisory
Committee for a four-year term expiring May 1, 2004.
51) 00R-308 Accepting and approving the preliminary plat of
Wilderness Park Estates including waivers for curb &
gutters, sidewalks, stormwater detention, and street
trees, on property generally located west of South
14th Street and Mockingbird Lane.
Planning Department: Fact Sheet (39K)
52) 00R-309 Special Permit 1832 - Application of George and
Kathy Mechling to develop Wilderness Park Estates
Community Unit Plan consisting of 19 dwelling units
on property generally located at South 14th Street
and Mockingbird Lane.
Planning Department: Fact Sheet (30K)
53) 00R-310 Accepting and approving the preliminary plat of
Stevens Creek Ridge Addition, including waivers for
sidewalks, street lights, landscape screens, street
trees, and block length, on property generally
located at North 134th and Holdrege Streets.
Planning Department: Fact Sheet (33K)
54) 00R-311 Special Permit 1870 - Application of Gerry and
Dianne Krieser to develop Stevens Creek Ridge
Community Unit Plan consisting of five single family
dwelling units on property generally located at
North 134th and Holdrege Streets.
Planning Department: Fact Sheet 26(K)
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 (11/15/00) PRIOR TO THE
NEXT FORMAL CITY COUNCIL MEETING (11/20/00).
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 2:21 P.M.
UPCOMING HEARINGS
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.
Hearing Date of Mon., Nov. 20, 2000, at 10:00 a.m. on the
Board of Equalization Meeting for Downtown Maintenance Dist.,
Downtown Business Dist., & Core Business Improvement District
Overlay. (APPROVED, 6-0)
App. of Lincoln P Street Catering Co., Inc. dba Embassy Suites
for an addition to premise at 1040 P Street.
City Council
Agenda History
