ACTION From The Regular City Council Meeting Held
Monday, March 22, 1999 At 1:30 p.m.
NOTE: MON., MARCH 29, 1999, COUNCIL MEETING BEGINS AT 6:30 p.m.
ALL MEMBERS PRESENT.
MAYOR'S ANNUAL AWARD OF EXCELLENCE - SHERI MARTI, LPD
PUBLIC HEARING LIQUOR RESOLUTIONS
1) Man. App. of William V. Bartlett for Fontenelle Oil Co. dba
Holiday Stationstore #117 at 2200 N. 48th St.
(ADOPTED FOR APPROVAL, 7-0; A-79343.)
2) Man. App. of Bonnie J. Charlesworth for C R Corp. dba
T & C Lounge at 3245 Cornhusker Hwy.
(ADOPTED FOR APPROVAL, 7-0; A-79344.)
PUBLIC HEARING ORDINANCES - 2ND READING (ITEM 3 HAD PUBLIC HEARING.)
3) 99-22 Adopting the supplements to the Lincoln Municipal Code
dated June, 1998 & Dec., 1998 as part of the official
Lincoln Municipal Code.
PUBLIC HEARING - RESOLUTIONS
4) 99R-87 Appointing Laurie Klosterboer & Dr. William T. Griffin
to the Emergency Medical Services Committee for 3-yr.
terms expiring March 28, 2002. (ADOPTED, 7-0; A-79345.)
5) 99R-88 Reappointing Patricia Morin & Laura Acklie to the
Emergency Medical Services Committee for 3-yr. terms
expiring March 28, 2002. (ADOPTED, 7-0; A-79346.)
6) 99R-89 Reappointing Dr. James Rickman, Charlie Claus, Ron
Jensen, William C. Hastings, Mary Arth, & Debra E.
Schorr to the Parks & Rec. Advisory Board for 3-yr.
terms expiring April 27, 2002. (ADOPTED, 7-0; A-79347.)
7) 99R-90 Ordering Water Dist. 1177 constructed in W. "O" St.
from S.W. 40th to S.W. 56th Sts. & N.W. 56th St. from
W. "O" St. to I-80. (ADOPTED, 7-0; A-79348.)
8) 99R-91 Amending the Lincoln Lancaster County Air Pollution Control
Program Regulations & Standards to repeal collection of
inspection fees & authorizing collection of annual fees.
(ADOPTED, 7-0; A-79349.)
PUBLIC HEARING (ITEM 9 HAD PUBLIC HEARING.)
9) Proposed Use of Grant Money from Local Law Enforcement
Block Grants Program - Lincoln Police Dept.
PETITIONS & COMMUNICATIONS
10) Request of Harold L. Danield to appeal to the City
Council the Denial of his Peddler Permit Application.
(NO ACTION TAKEN.)
11) MISCELLANEOUS REFERRALS
Two Formal Paving Petition to construct Alley Paving Dist.
#357 in the N-S alley between Touzalin Ave. & 60th St.
from Benton to Fremont Sts. signed by Robert & Carol
Workman, Austin Realty & LDS Irrevocable Trust.
(REFERRED TO LAW DEPT.)
Three Formal Paving Petitions to construct Paving Dist.
2616 in 72nd St. from Havelock Ave. to Morrill Ave.
signed by Kip Griffin, Gary (last name illegible)
Mike & Donna Boston. (REFERRED TO LAW DEPT.)
Report from City Treasurer of City Cash on hand at the
close of business on Feb. 26, 1999. (PLACED ON FILE)
THE FOLLOWING APPLICATIONS WERE REFERRED TO PLANNING DEPT.:
Change of Zone 3172 - App. of Priestly Fraternity of
St. Peter for a change from P to R-4 on property at
13th & South.
Change of Zone 2938A - App. of University of Nebraska
Foundation to the Special Sign Dist. (Sec. 29.38)
at Tech Park.
Change of Zone 3167 - App. of College View 7th Day
Adventist Church for a change from R-4 & R-5 to B-3
on property at 48th & Lowell Sts.
Combined Use Permit/Special Permit 11C - App. of R.E.D.
Capital Management LLC to increase total allowable
building area to 730,000 sq. ft. & increase limitation
on building height to 60' for the main shopping center
REPORTS OF CITY OFFICERS
12) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on March 8, 1999. (PLACED ON FILE)
13) Investment of Funds. (ADOPTED, 7-0; A-79350.)
14) Report from City Treasurer of Franchise Fee due for
Feb., 1999 from Utilicorp United aka Peoples Natural
Gas. (PLACED ON FILE)
15) Reports from City Treasurer of Telecomm. Occ. Tax due as
follows: Jan., 1999: ATS Mobile Telephone, Calls for Less;
Feb., 1999: ATS Mobile Telephone, Winstar Wireless, Operator
Comms., & Sprint Spectrum; Oct., Nov., Dec., 1998: Zenex
Long Distance. (PLACED ON FILE)
16) Lincoln Water & Wastewater System Recapitulation of
Daily Cash Receipts for Feb., 1999. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 17 THRU 20 HAD 1ST READING.)
17) 99-26 Approving a transfer of appropriations in the amount of
$13,379 from the Police Garage, Buildings (04025.5132)
to Police Garage, Parking Improvements (04025.6139) to
fund the paving of additional parking adjacent to an
existing parking lot at the Police Garage.
18) 99-27 Declaring approx. 1.219 acres of property located in
the SE¼ of the NE¼ of Section 1, T12N, R9E, adjacent to
the Ashland Water Treatment Plant as surplus &
authorizing the sale thereof.
19) 99-28 Change of Zone 3166 - App. of Richard Finke to amend
§§27.13.040, 27.15.030, & 27.63.110 of the LMC to allow
Garden Centers as special permitted uses in the R-2
zoning district, to adjust the manner in which Garden
Centers are allowed in the R-3 zoning district, & to
expand the conditions under which Garden Centers may
be allowed by special permit. (In connection w/99R-98)
20) 99-29 Amending the corporate limits of the City by annexing
approx. 21.3 acres of land consisting of a portion of
the N. 48th St. Landfill & Transfer Station site at
approx. 5101 N. 48th St.
RESOLUTION - FOR COUNCIL ACTION - HAD PUBLIC HEARING
21) 99R-5 Selecting a preferred alternative A for the purpose of
completing an environmental analysis for the E. "O" St.
widening project. (Placed on Pending until 3/22/99 for
Council Vote - No Public Hearing)
(AMENDED, 7-0; ADOPTED, 7-0; A-79351.)
ORDINANCES - 3RD READING
22) 99-20 Change of Zone 3161 - App. of DuTeau Chevrolet for a
change from O-3 Office Park to H-4 General Commercial
on property generally located at the southeast corner
of S. 27th St. & Porter Ridge Dr. (PASSED, 4-3; FORTENBERRY,
JOHNSON & WILSON DISSENTING; #17481.)
PENDING LIST (EXTENDED ONE WEEK.)
23) 94R-361 Ordering Construction of Paving Unit 123 in N St.
between 1st & 2nd Sts. (12/19/94 - Placed on Pending)
24) 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)
25) 97-6 Vacating that portion of 11th St. lying between the
north R-O-W line of Y St. & the northwesterly line of
Burlington Northern R.R. R-O-W in the NE¼ of Sec.
23, T10N, R6E. (2/3/97 - Placed on Pending until
receipt of money)
26) 97-66 Change of Zone 3023 - App. of the Planning Director for
a change from B-2 Planned Neighborhood Business to R-5
Residential on property generally located at 7401
Pioneers Blvd. (6/9/97-Placed on Pending)
27) 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)
28) 97-122 Amending §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)
29) 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
30) 98-74 Creating Water Dist. 1175 in SW 1st St. from W. B to
W. D Sts & W. B & W. D Sts. From 1st St. to SW 1st St.
(6/1/98 - Pub. Hearing delayed for an indefinite
period of time)
31) 98-75 Creating Sewer Dist. 1168 in SW 1st St. from W. B St.
to W. D St. & N-S Alley from W. A St. north approx.
300'. (6/1/98 - Pub. Hearing delayed for an indefinite
period of time)
32) 98-76 Creating Paving Dist. 2615 in SW 1st St. from W. B St.
to W. D St. & W. B & W. D Sts. From 1st St. to SW 1st
Sts. (6/1/98 - Pub. Hearing delayed for an indefinite
period of time)
33) 98-104 Vacating the alley immediately north of W. C St. & west
of SW 1st St. & a portion of the alley immediately
south of W. B St. between Sw 1st & S. 1st St. (7/13/98
- Placed on Pending)
34) 98-153 Change of Zone 3141 - App. of Randy Rohlmeier for a
change from R-2 Residential to I-1 Industrial, on
property generally located at the southwest corner of
N. 33rd St. & Leighton Ave. (9/21/98 - Placed on
35) 98R-370 Approving an exception to the Guidelines & Regulations
for Driveway Design & Location requirements of vehicle
stacking for Lincoln Federal Savings at 70th
& "O" Sts. (11/23/98 - Placed on Pending for 30 days)
36) 98R-373 Special Permit 1739 - Appeal of Trinity United Methodist
Church from the Planning Commission requirement that
the driveway be removed from the 20' front yard setback
in the parking lot generally located at 16th & "A" Sts.
(11/30/98 - Placed on Pending)
37) 98-193 Amending the corporate limits of the City by annexing
one lot & a portion of another lot generally located
N.W. 56th & W. Adams Sts. (12/21/98 - Placed on
38) 99-10 Change of Zone 3129 - App. of Lincoln Federal Savings
Bank for a change from R-3 Residential to O-3 Office
Park on property generally located at 77th St. &
Pioneers Blvd. (2/22/99 - Placed on Pending)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON MONDAY, MAR. 29, 1999:(APPROVED, 7-0.)
39) 99R-92 Reappointing Doug Boyd, Shari Clarke, Pat Galitz, & Elliot
Rivas to the Lincoln Lancaster Women's Commission for
3-yr. terms expiring on March 1, 2002.
40) 99R-93 Approving the acquisition of approx. 80 acres of property
generally located west of the Nature Center in Pioneers
Park, specifically Lots 3, 4, & 5, in the SE¼ of
Section 6, T9N, R6E of the 6th P.M. for use as park
41) 99R-94 Approving the acquisition of 8.766 acres of property
generally located north of the railroad right-of-way
in the NW¬ of Section 8, T9N, R6E of the 6th P.M.
for use as park property in Pioneers Park.
42) 99R-95 Approving the acquisition of 17.27 acres of property
between the railroad tracks on the east side of
Wilderness Park to serve as a buffer between the park
& the proposed high school.
43) 99R-96 Resolution of Intention to Create a Downtown Core
Overlay Management Business Improvement Dist. on
property generally located in Downtown Lincoln between
6th & 17th Sts. from H to R Sts.
44) 99R-97 Resolution of Intention to Create a Downtown Management
Business Improvement Dist. on property generally
located in Downtown Lincoln between 6th & 17th Sts.
from H to R Sts.
45) 99R-98 Special Permit 1761 - App. of Richard Finke to develop
a garden center on property generally located at the
former MoPac right-of-way between 66th & 70th Sts.
(In connection w/99-28)
46) 99R-99 Accepting the report of new & pending tort claims against
the City & approving disposition of claims set forth
therein for the period of March 1 through 15, 1999.
COMPREHENSIVE PLAN AMENDMENTS
47) 99R-60 Comp. Plan Amend. 94-30-2 - Amend Figure 16 & 17 to change
property from Low Density Residential to Urban Residential &
Parks & Open Space, & to expand the future service limit in
the area between 56th & 70th Sts. from approx. south of
Hwy. 2 to Yankee Hill Rd.
48) 99R-61* Comp. Plan Amend. 94-30-3 - Amend the Comp. Plan to
change one square mile of land generally located
between SW 40th St. & SW 77th St. from Agricultural to
Low Density Residential.
49) 99R-62* Comp. Plan Amend. 94-30-4 - Amend Chapter VII, Urban
Design & Historic Preservation to add the development
of entry corridor design standards for the
City of Lincoln to the list of strategies.
50) 99R-63 Comp. Plan Amend. 94-30-5 - Amend Chapter III, Future
Needs & Land Use Plan, to add Investment Strategy for a
Competitive Downtown to the list of strategies.
51) 99R-64 Comp. Plan Amend. 94-30-6 - Amend Chapter III, Land Use
Plan, Neighborhood Centers to locate neighborhood
commercial areas generally at the ½ mile points between
intersections & away from the intersection of two major
52) 99R-65 Comp. Plan Amend. 94-30-7 - Amend the Comp. Plan to
update the City & County Land Use Plans & Phasing Plan
to reflect actions of the past year.
53) 99R-66 Comp. Plan Amend. 94-30-8(1) - Amend Figure 16 to change
land use designation for the Employment Center on the
west side of N. 27th St. & south of I-80
from Industrial to Commercial.
54) 99R-67* Comp. Plan Amend. 94-30-8(2) - Amend Chapter III, Section E
"Industrial Land" to eliminate the "Employment Center"
designations on the west side of N. 27th St. & I-80 &
to add an employment center at N. 33rd & Folkways Blvd.
55) 99R-68 Comp. Plan Amend. 94-30-8(3) - Amend Appendix A, Part
I, Approved Subarea Plans to modify the "North 27th St.
Subarea Plan" to show the conversion of the Employment
Center west of 27th St. to Commercial & to show all
street & zone changes since implementation.
56) 99R-69 Comp. Plan Amend. 94-30-8(4) - Amend Chapter IV,
Transportation, Part C, "Future Traffic Volumes &
Future Urban St. Network" to add a strategy giving
high priority to a study of the Hwy. 34 - I-80 area.
57) 99R-70 Comp. Plan Amend. 94-30-9 - Revise Figure 31,
Improvements for Future Road Network, & Table 10,
Transportation Projects, to include a potential
overpass at 3rd & A Sts.
58) 99R-71 Comp. Plan Amend. 94-30-10 - Amend Figure 31, Improvements
for Future Road Network 1-20 Year Program, & Table 10,
Transportation Projects Year 2015, to designate Adams
St. from 74th St. to 84th St. as two through lanes
with painted turn lanes.
59) 99R-72 Comp. Plan Amend. 94-30-12 - Amend Figures 31 & 32 to
add in Phase I of Transportation Projects a project to
widen Vine St. between Mahoney Dr. & 58th St. to 5
60) 99R-73 Comp. Plan Amend. 94-30-13 - Amend Appendix A, Subarea
Plans, to provide that a future subarea plan for the
N1-N2 Planning Zone in the general vicinity of N. 56th
St. & I-80 should be developed prior to further
development actions in the area.
61) 99R-74 Comp. Plan Amend. 94-30-14 - Amend Figure 61, Existing
& Proposed City of Lincoln Fire Station Locations, to
update the City of Lincoln Proposed Fire Stations.
62) 99R-75 Comp. Plan Amend. 94-30-15 - Amend Figure 58 "Lincoln
Public Schools: Existing & Future School Locations" to
reflect numerous new school locations.
63) 99R-76 Comp. Plan Amend. 94-30-16 - Amend Figure 55 "Proposed
Regional Park, Community Parks & Neighborhood Parks" &
Figure 56 "Proposed Recreational Facilities" to update
changes in proposed recreational plans & amend the text
in Chapter 1 Part A.3.d. regarding Community Centers/
64) 99R-77* Comp. Plan Amend. 94-30-17 - To set forth in the Comp.
Plan a requirement that developers pay 100% of the
costs of infrastructure not planned & budgeted for in
the Capital Improvement Program, to adopt a procedure
to declare a moratorium for environmentally sensitive
areas, & to enact a land disturbance ordinance.
65) 99R-78 Comp. Plan Amend. 94-30-18 - Amend Figure 16 to change
land located at approx. NW 56th St. on both sides of
Adams St. from Low Density Residential to Urban
66) 99R-79 Comp. Plan Amend. 94-30-20 - Amend Figure 16 to change
land located at approx. S. 84th St. & Glynoaks Dr. from
Urban Residential to Urban Village & Parks & Open Space.
67) 99R-80 Comp. Plan Amend. 94-30-21 - Amend Chapter V, Section
D, Stormwater Management & Flood Control to include
additional floodplain strategies.
68) 99R-81 Comp. Plan Amend. 94-30-22 - Amend the Comp. Plan to
change property located between South Coddington & SW
40th St., south of W. Pioneers Blvd. from Agricultural
to Urban Residential, to expand the future service
limit accordingly, & to designate such area as Phase I.
69) 99R-82* Comp. Plan Amend. 94-30-23 - Amend the Comp. Plan by
revising Figure 16 to change approx. 80 acres of
property located at SW 56th & W. "O" Sts. from
Agricultural to Industrial & by revising Figure 65 to
add it to the Future Service Limit.
70) 99R-83 Comp. Plan Amend. 94-30-24 - Amend the Comp. Plan by
revising Figure 65 to include a portion of the Stevens
Creek drainage basin the Future Service Limit.
71) 99R-84* Comp. Plan Amend. 94-30-25 - Amend the Comp. Plan to
add various environmental policies regarding recycling,
a moratorium on development next to Wilderness Park, &
to decentralize StarTran.
72) 99R-85 Comp. Plan Amend. 94-30-26 - Amend the Comp. Plan to
acquire right-of-way for Yankee Hill Rd., to study the
feasibility of crossing Wilderness Park with an arterial
street, & to study the relationship between the South
beltway & a major four lane arterial street.
73) 99R-86 Comp. Plan Amend. 94-30-27 - Amend the Comp. Plan to
add language to the Annexation Policy to clarify that
annexation might occur for purposes of assessment
* Needs 5 votes.
ADJOURNMENT 2:45 P.M.
Hearing date of Mon., March 29, 1999 at 6:30 p.m. on the App. of
MIP Two, Inc.. dba Mickey's Irish Pub for a Retail Class I Liquor
License at 1409 "O".
Hearing date of Mon., March 29, 1999 at 6:30 p.m. on the Man.
App. of Thomas E. Nun for B & R Stores, Inc.. dba Russ's B & R
IGA at 130 N. 66th.
Hearing date of Mon., March 29, 1999 at 6:30 p.m. on the Man. App.
of Mark Kurth for Eating Establishments Holding Co., Inc. dba
Runza Restaurant at 210-14-34 N. 14th.
Hearing Date of Mon., April 5, 1999, at 1:30 p.m.:
99-23 To provide authority to create a Water Dist. in West
Adams St. from NW 53rd to NW 56th Sts. & NW 56th St.
from West Adams St. South 550'.
99-24 To provide authority to create a Sewer Dist. from a
point located 150' SW of W. Kingsley & NW Michael Sts.
to the S/L Airport Heights 1st Add. 175' West of NW
99-25 To provide authority to create an Improvement Dist. in
23rd St. from Fletcher Ave. North 429' adjacent to Lot
15 I.T. SE 1/4 Sec. 36-11-6.