City Council
Agenda
ACTION For The Regular City Council Meeting Held
Monday, March 29, 1999 At 6:30 p.m.
NOTE: JOINT PUBLIC HEARING W/COUNTY COMMISSIONERS ON THE COMP. PLAN
AMENDMENTS WILL BEGIN AT 7:30 P.M. (OR IMMEDIATELY FOLLOWING
THE REGULAR CITY COUNCIL MEETING)
PUBLIC HEARING LIQUOR RESOLUTIONS
1) Man. App. of Mark Kurth for Eating Establishments Holding
Co. Inc. dba Runza Restaurants at 210-14-34 N. 14th St.
(ADOPTED FOR APPROVAL, 7-0; A-79352)
2) Man. App. of Thomas E. Nun for B & R Stores Inc. dba Russ's
B & R IGA at 130 N. 66th St.
(ADOPTED FOR APPROVAL, 7-0; A-79353)
3) App. of MIP, Two, Inc. dba "Mickey's Irish Pub" for a Retail
Class "I" Liquor License at 1409 "O" St.
(ADOPTED FOR APPROVAL, 7-0; A-79354)
4) Man. App. of Steven Le McFadden for MIP, Two, Inc. dba
"Mickey's Irish Pub" at 1409 "O" St.
(REQUEST TO WITHDRAW, APPROVED, 7-0)
PUBLIC HEARING ORDINANCES - 2ND READING
(ITEMS 5 THRU 8 HAD 2ND READING. SEE ITEM 7)
5) 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.
6) 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.
7) 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) (TO HAVE 3RD READING THIS DATE,
7-0; PASSED, 7-0; #17482)
8) 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.
PUBLIC HEARING - RESOLUTIONS
9) 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. (ADOPTED, 7-0; A-79355)
10) 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 property.
(ADOPTED, 7-0; A-79356)
11) 99R-94 Approving the acquisition of 8.766 acres of property
generally located north of the railroad right-of-way in the
NW¼ of Section 8, T9N, R6E of the 6th P.M. for use as park
property in Pioneers Park. (ADOPTED, 7-0; A-79357)
12) 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. (ADOPTED, 7-0; A-79358)
13) 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. (RECONSIDERED, 7-0; AMENDED, 7-0; ADOPTED AS
AMENDED, 7-0; A-79359)
14) 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.
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-79360)
15) 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) (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-79361)
16) 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. (AMENDED TO DELAY
ACTION ON CLAIM OF CHRISTOPHER NORTH FOR 1 WEEK, 7-0;
ADOPTED AS AMENDED,7-0; A-79362)
PETITIONS & COMMUNICATIONS
17) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
18) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on March 15, 1999. (PLACED ON FILE)
19) Investment of Funds. (ADOPTED, 7-0; A-79368)
20) Reports from City Treasurer of Telecomm. Occ. Tax due as
follows: Jan., 1999: Aliant Cellular; Feb., 1999: D & D
Comm., NOS Comm., Aliant Comm., Aliant Cellular, Western
Union, Business Telecom., INACOM, Stormtel, Incomnet,
Intelicom Int'l., RSL COM USA, UniDial, Affinity Network,
Long Distance of Michigan, Worldtel, Assn. Adm., Network
Int'l., Global Telelphone, GST Net, Nosva Ltd., Equality,
Inellicall. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 21 THRU 28 HAD 1ST READING)
21) 99-23 Creating Water Dist. 1178 in W. Adams St. from NW 53rd St.
to NW 56th St. & in NW 56th St. from W. Adams St. south
approx. 550' to the south line of Airport Heights 1st Add.
(In connection w/99-24)
22) 99-24 Creating Sewer Dist. 1172 from a point located 150' southwest
of W. Kingsley & NW Michael Sts. to the south line of
Airport Heights 1st Add. located 175' west of NW 56th St.
(In connection w/99-23)
23) 99-25 Creating Improvement Dist. 182 in 23rd St. from Fletcher
Ave. north 429'. (In connection w/99-31, 99-32, 99-33,
99R-104)
24) 99-30 Amending pay schedules of employees whose classifications
are assigned to the pay range prefixed by the letter "A" by
creating the job classification of "Services Coordination
Supervisor" & amending pay schedules of employees whose
classifications are assigned to the pay range prefixed
by the letter "C" by deleting the job classifications of
"Community Resource Technician I" & "Community Resource
Technician II".
25) 99-31 Amending the corporate limits of the City by annexing
approx. 56.2 acres of land generally located at N. 27th
St. & Fletcher Ave. (In connection w/99-25, 99-32, 99-33,
99R-104)
26) 99-32 Change of Zone 3144 - App. of Hampton Development Services
for a change from R-3 Residential to H-3 Hwy. Commercial on
property generally located on N. 27th St., north of Fletcher
Ave. (In connection w/99-25, 99-31, 99-33, 99R-104)
(REQUEST TO HAVE 2ND & 3RD READING ON4/5/99)
27) 99-33 Change of Zone 3156 - App. of Hampton Development Services
for a change from R-3 Residential to H-3 Hwy. Commercial on
property generally located on N. 27th St., south of Fletcher
Ave. (In connection w/99-25, 99-31, 99-32, 99R-104)
(REQUEST TO HAVE 2ND & 3RD READING ON 4/5/99)
28) 99-34 Amending Chapter 5.04 of the Lincoln Municipal Code
relating to Alcoholic Liquor to define "bottle clubs" &
by adding a new section to prohibit bottle clubs.
ORDINANCES - 3RD READING
29) 99-22 Adopting the supplements to the Lincoln Municipal Code
dated June, 1998 & Dec., 1998 as part of the official
Lincoln Municipal Code. (PASSED, 7-0; #17483)
PENDING LIST (EXTENDED ONE WEEK. SEE ITEMS 37, 38, 39, 40, & 44)
30) 94R-361 Ordering Construction of Paving Unit 123 in N St. between 1st
& 2nd Sts. (12/19/94 - Placed on Pending)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
(LincolnLand Realty, Mike Grieger requests Withdrawal)
(REMOVE FROM PENDING & WITHDRAWN, 7-0; 38-4297)
38) 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) (LincolnLand Realty, Mike Grieger requests Withdrawal)
(REMOVE FROM PENDING & WITHDRAWN, 7-0; 38-4298)
39) 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) (LincolnLand Realty, Mike Grieger requests Withdrawal)
(REMOVE FROM PENDING & WITHDRAWN , 7-0; 38-4299)
40) 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) (LincolnLand Realty, Mike Grieger requests removal
from Pending for Council Action) (REMOVE FROM PENDING TO
HAVE PUBLIC HEARING & ACTION ON 4/12/99, 7-0)
41) 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 Pending)
42) 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)
43) 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)
44) 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 Pending)
(REMOVE FROM PENDING TO HAVE PUBLIC HEARING ON 4/5/99, 7-0)
45) 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 APRIL 5, 1999: (APPROVED, 7-0)
46) 99R-100 Appointing George Hancock to the Board of Zoning Appeals to
fill an unexpired term expiring May 2, 2003.
47) 99R-101 Special Permit 1271D - App. of Brester Construction to amend
Trendwood C.U.P. to add 1 two-family dwelling unit & 1
single family dwelling unit & to waive the sanitary sewer
design standard, on property generally located at S.
84th St. & Karl Ridge Rd.
48) 99R-102 Special Permit 1512C - App. of Autumn Ridge Partners, Ridge
Hollow Partners, L.L.C., & Ridge Hollow Partners II, L.L.C.,
to amend Autumn Ridge C.U.P. to reduce the number of units
on the undeveloped western portion from 60 single family
units & 100 multi-family units to 69 single family units &
30 attached single family units & to adjust the front yard
setback from 25' to 20' in the area zoned R-4, & modify the
recreation plan to eliminate the previously approved tot
lot, on property generally located at N. 21st St. &
Atwood Ln. (In connection w/99R-103)
49) 99R-103 Accepting & approving the Pre. Plat of Autumn Ridge West on
property generally located at N. 21st St. & Atwood Ln. (In
connection w/99R-102)
50) 99R-104 Accepting & approving the Pre. Plat of North Creek on
property generally located at N. 27th St. & Fletcher Ave.
(In connection w/99-25, 99-31, 99-32, 99-33)
ADJOURNMENT 7:49 P.M.
UPCOMING HEARINGS
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 56th St.
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.
17) MISCELLANEOUS REFERRALS
Setting Hearing Date of Mon., Apr. 12, 1999 at 1:30p.m. on the Apps. of:
McManus Enterprises dba "Heidelberg's" for a Liquor Catering License
at 4640 Bair Ave. (ADOPTED, 7-0; A-79363)
Salem Oil Co. dba "Mills AMOCO Food Shop #3" for a Retail Class "D"
Liquor License at 1648 South St. (ADOPTED, 7-0; A-79364)
Druk Enterprises, Inc. dba "Tandoor" for a Retail Class "I" Liquor
License at 3530 Village Dr. (ADOPTED, 7-0; A-79365)
Setting Hearing Date of Mon., Apr. 12, 1999 at 1:30p.m. on the Man.
Apps. of:
Brian M. Hayes for B & R Stores, Inc. dba "Super Saver Spirits" at
2662 Cornhusker. (ADOPTED, 7-0; A-79366)
Andrew M. Nicholls for Whitehead, Inc. dba "U-Stop Convenience Shop"
at 610 S. 10th St. (ADOPTED, 7-0; A-79367)
Report fromCity Treasurer of Telecomm. Occ. Tax due as follows:
Feb., 1999: Shaffer Comm. (PLACED ON FILE)
Petition to Vacate Public Way in Greenfield St. R-O-W from the North
R-O-W of NW 10th St. to the South line of Outlot "H", Block 3,
Highlands Coalition Add. singed by Thomas White & John Brager of
Ridge Dev. Co. and Gerald Schleich of Southview, Inc.
(REFERRED TO LAW)
RECONVENE 8:00 P.M.
JOINT PUBLIC HEARING - PROPOSED COMP. PLAN AMENDMENTS
LINCOLN CITY COUNCIL - LANCASTER COUNTY BOARD OF COMMISSIONERS
(ALL ITEMS WILL HAVE ACTION WITHOUT PUBLIC HEARING EXCEPT,
ITEMS 52, 64, 68, 71, & 74 ON 4/5/99)
*Need 5 votes to be Adopted
51) 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.
52) 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. (PUBLIC HEARING CONTINUED TO 4/5/99, 7-0; 5-0)
53) 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.
54) 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.
55) 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 arterial streets.
56) 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.
57) 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.
58) 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.
59) 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.
60) 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.
61) 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.
62) 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.
63) 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 lanes.
64) 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. (PUBLIC HEARING CONTINUED TO 4/5/99, 7-0; 5-0)
65) 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.
66) 99R-75 Comp. Plan Amend. 94-30-15 - Amend Figure 58 "Lincoln Public
Schools: Existing & Future School Locations" to reflect
numerous new school locations.
67) 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/Recreation
Centers.
68) 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. (PUBLIC HEARING CONTINUED TO
4/5/99, 7-0; 5-0)
69) 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 Residential.
70) 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.
71) 99R-80 Comp. Plan Amend. 94-30-21 - Amend Chapter V, Section D,
Stormwater Management & Flood Control to include additional
floodplain strategies.
(PUBLIC HEARING CONTINUED TO 4/5/99, 7-0; 5-0)
72) 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.
73) 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.
74) 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.
(PUBLIC HEARING CONTINUED TO 4/5/99, 7-0; 5-0)
75) 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.
76) 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.
77) 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 districts.
ADJOURNMENT 11:15 P.M.
City Council
Agenda History
