City Council
Agenda
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 25, 2000 AT 5:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING LIQUOR RESOLUTIONS
1) Exhibit App. of Hinky Dinky Lincoln #11 LLC dba Sun Mart #731 for a
663K Class D Liquor License at 2600 S 48th St.
(ADOPTED FOR APPROVAL, 7-0; A-80431.)
2) Exhibit Man. App. of Thomas K. Taylor for Hinky Dinky
same as #1 Lincoln #11 dba Sun Mart #731 at 2600 S. 48th St.
(ADOPTED FOR APPROVAL, 7-0; A-80432.)
3) Exhibit App. of Hinky Dinky Lincoln #9, LLC dba Sun Mart
1,953K #738 for a Class D Liquor License at 2145 S. 17th
St. (ADOPTED FOR APPROVAL, 7-0; A-80433.)
4) Exhibit Man. App. of Timothy Brian Weixelman for Hinky Dinky
same as #3 Lincoln #9 dba Sun Mart #738 at 2145 S. 17th St.
(ADOPTED FOR APPROVAL, 7-0; A-80434.)
PUBLIC HEARING ORDINANCES - 3RD READING
5) 00-158 Change of Zone 3268 - App. of Garner Industries for a change
from I-2 Industrial Park to I-2 Industrial Park Planned Unit
Development on property generally located at N. 98th St. &
Cornhusker Hwy. (9/18/00 - Pub. Hearing cont'd w/Action to
9/25/00) Planning Dept. Exhibits: Fact Sheet (88K)
(SUBSTITUTE AMENDMENT ACCEPTED & 2ND AMENDMENT
MADE, 7-0; PASSED, 7-0; #17728.)
PUBLIC HEARING - RESOLUTIONS
6) 00R-199 Special Permit 1840 - App. of Angie Muhleisen, on behalf of
Union Bank, for a parking lot on property located at 4717,
4723, & 4731 Hillside St. (7/31/00 - Held over due to lack
of majority vote) (8/7/00 - Placed on Pending Indefinitely)
(9/18/00 - Removed from Pending for Pub. Hearing & Action on
9/25/00) (AMENDED, 7-0; ADOPTED, 5-2; COOK & MCROY
DISSENTING; A-80435.)
7) 00R-254 Appointing Nicole Simon to the Lincoln-Lancaster Women's
Commission to fill an unexpired term expiring Jan. 1, 2003.
(ADOPTED, 7-0; A-80436.)
8) 00R-255 Approving an Agrmt. between the City & the State of
Nebraska Dept. of Motor Vehicles for renewal of the City's
Commercial Motor Vehicles Third Party Tester Certificate to
allow the City to conduct examinations for commercial drivers
licenses. (ADOPTED, 7-0; A-80437.)
9) 00R-256 Amending Reso. A-79846 to authorize certain City employees'
participation in the Post Employment Health Plan.
(ADOPTED, 7-0; A-80438.)
10) 00R-257 Authorizing Loren Prescott dba Jimmy John's to occupy a
portion of the public right-of-way at 101 N. 14th St. for
use as a sidewalk cafe. (ADOPTED, 7-0; A-80439.)
11) 00R-258 Comp. Plan Amendment No. 94-45 - Amending the 1994 Lincoln/
Lancaster County Comprehensive Plan to incorporate by
reference the "Greater Arnold Heights Area Neighborhood
Plan."
Planning Dept. Exhibits: Fact Sheet (44K)
(AMENDED, 7-0; ADOPTED, 7-0; A-80440.)
12) 00R-259 Special Permit 1825A - Amending the Prairie View Estates
C.U.P. create 34 lots & one outlot; a waiver of the landscape
screen along the west boundary; a reduction of the front yard
setback along W. "A" St. for Lots 3, 4, & 5, Block 2; &
allowing approval by the Planning Director of administrative
final plats, on property generally located at S.W. 10th & W,
"A" St.
Planning Dept. Exhibits: Fact Sheet (25K)
(ADOPTED, 7-0; A-80441.)
PUBLIC HEARING
13) Proposed use of grant money from Local Law Enforcement
Block Grants Program - Lincoln Police Dept.
PUBLIC HEARING ORDINANCES - 2ND READING
(ITEMS 14 THRU 25 HAD PUBLIC HEARING.)
14) 00-163 Creating Ornamental Lighting Dist. 283 in Woods Ave.
from 33rd St. east to S. 38th St.
15) 00-164 Creating Ornamental Lighting Dist. 284 in 25th St.
from Van Dorn to High Sts.
16) 00-166 Amending Sec. 14.70.040 of the LMC to remove the references
to side-walks from the area the City Public Works Dept. is
required to backfill for cuts, trenches, or excavation.
Public Works & Utitlities. Exhibits: Fact Sheet (9K)
17) 00-167 Change of Zone 3276 - Amending Chapter 27.33 of the LMC to
require fences to screen automobile lots, service stations,
appliance sales, & repair operations in the B-3 Zoning Dist.
when located with 100' of any residential use or district; to
make those uses conditional uses; & to prohibit those as new
uses within 100' of residential uses or districts.
Planning Dept. Exhibits: Fact Sheet (30K)
18) 00-168 Vacating Charleston St. between I-180/N. 6th St. & Sun Valley
Blvd. Planning Dept. Exhibits: Fact Sheet (15K)
19) 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. (PLACED ON PENDING, 7-0.)
20) 00-171 Renaming specific streets within North Hills Pre. Plat
generally located at N. 14th & Morton Sts. as follows:
Shooting Star Dr. west from 15th St. renamed as "Pegram Dr.";
Snowflake Dr. renamed as "Kennedy Dr."; Snowflake Ct. renamed
as "Kennedy Ct."; & Patrick Ct. renamed as "Maze Ct."
Planning Dept. Exhibits: Fact Sheet (7K)
21) 00-172 Amending Sec. 21.56.170 of the LMC to allow refuse &
garbage removal service once a week when certain receptacles
or containers for the storage of garbage are provided.
22) 00-35 Amending Sec. 9.16.230 of the LMC to define "nudity",
to make it unlawful for a person to appear in any public
place in a state of nudity, & providing exceptions thereto.
(2/22/00 - Placed on Pending until a Supreme Court Case
Decision) (9/18/00 - Removed from Pending; to have 2nd
Reading & 3rd Reading on 9/25/00) (On 3rd Reading)
23) 00-170 Change of Zone 3280 - Amending Title 27 of the LMC to
define & allow sexually oriented live entertainment
establishments as a permitted special use in the H-1,
H-2, H-3, H-4, I-1, I-2, & I-3 Zoning Dists. (9/18/00 -
To have 2nd & 3rd Reading on 9/25/00) (On 3rd Reading)
Planning Department. Exhibits: Fact Sheet (27K)
24) 00-155 Amending the LMC by creating a new Title 7, Ambulance
Transportation Code, to establish a process by which persons
may apply for & receive a license to provide routine
ambulance service, to establish emergency ambulance service
to be provided by the City, & to establish a process for
the provision of stand-by ambulance service by adding
Sections 7.04.010 to 7.04.210 which sections set forth
definitional terms including Ambulance, Ambulance Service,
Area of City Service, Emergency Ambulance Service,
Emergency Call, Emergency Medical Services, Emergency
Medical Ser-vices Oversight, Emergency Medical Technician
(EMT), Emergency Medical Technician - Intermediate (EMT-1),
Emergency Medical Technician - Paramedic (EMT-P), License,
Medical Care Protocols, Medical Director, 911 Center,
Operator, Patient, Person, Routine Ambulance Service,
Stand-by Ambulance Service, Trip Record, to be used in
Title 7; Sec. 7.06.010 providing that no person shall operate
within the City of Lincoln a routine ambulance service
without first having obtained a license therefor; Sec.
7.06.020 establishing a process by which a person may make
application for a license to provide routine ambulance
service; Sec. 7.06.030 providing a process by which a license
for operation of a routine ambulance service may be issued;
Sec. 7.06.040 setting forth the term of such license; Sec.
7.06.050 setting forth the form & content of a license; Sec.
7.06.060 setting forth the standards for ambulance equipment
in the operation of a routine ambulance service; Sec.
7.06.070 setting forth the standards of operation of a
routine ambulance service; Sec. 7.06.080 requiring inter-
connection between the 911 Center & a routine ambulance
service; Sec. 7.06.090 setting forth dispatch requirements;
Sec. 7.06.100 setting forth the right of the City to audit &
inspect records of a routine ambulance service; Sec. 7.06.110
setting forth records & reports which shall be kept by a
routine ambulance service; Sec. 7.06.120 setting forth the
insurance requirements for a routine ambulance service;
Sec. 7.06.130 setting forth the process by which the City may
suspend or revoke a license for the operation of a routine
ambulance service; Sec. 7.06.140 setting forth the penalties
for operating a routine ambulance service without first
obtaining a license therefor; Sec. 7.08.010 setting forth
the Fire Dept.'s authority to provide ambulance service
necessarily including emergency ambulance service & setting
forth the process by which fees for such service will be set
by City Council; Sec. 7.08.020 establishing the ambulance
fund; Sec. 7.08.030 setting forth the City's authority to
enforce the collection of fees for ambulance service provided
by the City; Sec. 7.08.040 making it unlawful for any person
other than the City of Lincoln to furnish
emergency ambulance service, defenses to such prosecution &
exceptions, & the penalties upon conviction thereof; Sec.
7.08.050 setting forth the maximum desired response time in
the provision of emergency ambulance service.
25) 00-156 Amending Chapter 2.20 of the LMC relating to the Fire Dept.
by amending Sec. 2.20.010 to broaden the Fire Chief's duties
to include the management of a city ambulance program to
provide emergency ambulance service, & to perform record
keeping & reporting duties associated therewith, including
financial records, trip records, & daily logs; amending
Sec. 2.20.080 to broaden the Fire Chief's or the officer's
in command authority to direct such operation as may be
necessary to provide out-of-hospital emergency medical
services including transports at the scene of a fire or
other emergency involving the protection of life or property.
PETITIONS & COMMUNICATIONS
26) Change of Zone 3282 - App. of Livingston
Investments, Inc. for a change from AGR to B-5 on
property at Hwy. 2 & Pine Lake. (REFERRED TO PLANNING.)
27) Change of Zone 3284 - App. of Planning Director for
a text change to LMC Sec. 27.58. (REFERRED TO PLANNING.)
28) Setting hearing date of Mon., Oct. 9, 2000 at 1:30 p.m. on
the App. of Lorabelle, Inc. dba The Gravevine for a Retail
Class I Liquor License at 2620 Stockwell.
(ADOPTED, 7-0; A-80442.)
29) Setting hearing date of Mon., Oct. 9, 2000 at 1:30 p.m. on
the App. of DLLR, Inc. dba City Spirits for deletion of an
area measuring 42' x 28' to the south from their license
premise at 2620 Stockwell. (ADOPTED, 7-0; A-80443.)
30) Setting hearing date of Mon., Oct. 9, 2000 at 1:30 p.m. on
the App. of Lazlo, Inc. dba Empyrean Ales/Lazlo's/Jabrisco's
for a Liquor Catering License at 700-710 P St. & 729 Q St.
(ADOPTED,7-0; A-80444.)
31) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
32) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on Sept. 11, 2000. (PLACED ON PENDING.)
33) Investment of Funds.
34) Report from City Treasurer of Telecomm. Occ. Tax due for the
month of Aug., 2000 from: Nextel West Corp., Trans National
Comms. Internat'l, Primus Telecomms., Viatel Services, Touch
America Services, Phoenix Network, Atlas Comms., Qwest
Comms., Topp Telecom, LCI Internat'l Telecom.
(PLACED ON FILE)
35) Franchise Fee Report from Utilitcorp United aka Peoples
Natural Gas for the month of Aug., 2000.
(PLACED ON FILE)
ORDINANCES - 1ST READING
36) 00-173 Change of Zone 3269 - App. of Krein Real Estate,
Inc. for a change from R-1 Residential & 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.
Planning Department Exhibits: Fact Sheet (56K)
ORDINANCES - 3RD READING (ITEM 36 HAD 1ST READING.)
37) 00-165 Naming the private road in the airport west of N. Park
Rd. as "W. Superior St." (PASSED, 7-0; #17729.)
38) 00-35 Amending Sec. 9.16.230 of the LMC to define "nudity",
to make it unlawful for a person to appear in any public
place in a state of nudity, & providing exceptions
thereto. (2/22/00 - Placed on Pending until a Supreme
Court Case Decision) (9/18/00 - Removed from Pending; to
have 2nd Reading & 3rd Reading on 9/25/00) (MOTION
TO PLACE ON PENDING LOST, 3-4; COOK, MCROY & SENG ASSENTING;
PASSED, 5-2; COOK & MCROY DISSENTING; #17730.)
39) 00-170 Change of Zone 3280 - Amending Title 27 of the LMC to
define & allow sexually oriented live entertainment
establishments as a permitted special use in the H-1,
H-2, H-3, H-4, I-1, I-2, & I-3 Zoning Dists. (9/18/00 -
To have 2nd & 3rd Reading on 9/25/00) (PASSED, 7-0; #17731.)
PENDING LIST (Extended One Week. See Item 51.)
40) 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)
41) 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)
42) 97-122 Amending Sec. 5.04.060 of the LMC to prohibit issuance of
special designated licenses for sale of liquor to the
general public in the downtown area on home football game
days. (8/25/97 - Amended; Placed on Pending)
43) 97-142 Change of Zone 3076 - App. of Dustrol, Inc. for a change
from AG Agricultural 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)
44) 99R-134 Approving a recommendation that the Mayor amend Admini-
strative 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)
45) 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)
46) 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)
47) 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)
48) 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)
49) 00-72 Change of Zone 3245 - App. of Manette Kidney for a change
from AG 3gricultural to O-2 Suburban Office on property
generally located at S. 84th St. & Old Cheney Rd.
(4/24/00 - Reconsidered & Placed on Pending)
50) 00R-126 Approving & supporting the Report & Recommendations of the
Lancaster County Medical Society contained in the document
entitled "Independent Medical Oversight for Pre-Hospital
Medical Care" which recommends an emergency & non-emergency
medical system for the City. (4/24/00 - Placed on Pending
until a Provider is picked)
51) 00-106 Creating Sewer Dist. 1174 in Old Dairy Rd. from 27th
St. west approx. 600'. (5/30/00 - Placed on Pending)
(REMOVED FROM PENDING & WITHDRAWN, 7-0; #38-4345.)
52) 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 stand-
ards 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)
53) 00-115 Amending Sec. 8.08.020 to provide an exception to the
requirement of a certificate of public convenience &
necessity for government providers of service; amending
Sec. 8.08.090 to provide enforceable response time veri-
fication. (7/3/00 - Placed on Pending)
54) 00-116 Amending Sec. 2.20.010 to provide that the Fire Chief
have care & control of all equipment & management of the
emergency medical services program; adding a new section
numbered 2.20.015 to provide that emergency medical ser-
vices & ambulance transport be assigned to the Fire Dept.
(7/3/00 - Placed on Pending)
55) 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)
56) 00-130 Amending Chapter 12.20 of the LMC relating to trees &
shrubbery by adding a new section numbered 12.20.025 to
provide for the planting of street trees on private pro-
perty pursuant to an easement agreement if there is
insufficient land available for the planting & proper
growth of the street tree or trees in the public right-
of-way. (7/31/00 - Amended) (8/7/00 - Placed on Pending
until September)
57) 00R-217 Accepting the report of Dawn McFarland Tort Claim against
the City & approving disposition of claim set forth.
(All other disposition of Claims for the period of July
16 through July 31, 2000 were adopted on 8/14/00)
(8/21/00 - Action delayed Indefinitely - Placed on Pend-
ing)
58) 00-154 Vacating the north-south alley north of "N" St. between
13th & 14th Sts. (9/11/00 - Placed on Pending)
59) 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)
action continued
City Council
2000 Agenda History
Current History
