City Council
Agenda
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 14, 2000 AT 1:30 P.M.
ALL MEMBERS PRESENT EXCEPT JOHNSON;
SHOECRAFT ABSENT DURING VOTING SESSION.
NOTE: Next Regular City Council Meeting, Tues., Feb. 22, 2000, 6:30 p.m.
PUBLIC HEARING
LIQUOR LICENSES
1) App. of Lan Siu Wong dba Thai Binh for a Retail Class
I Liquor License at 1309 L St. (ADOPTED FOR
APPROVAL, 5-0; A-80012.)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 2 THRU 8 HAD PUBLIC HEARING.)
2) 00-31 Amending Chapter 5.38 of the LMC to include
condominiums for the purpose of ensuring compliance
with the minimum housing standards.
3) 00-32 Change of Zone 3224 - Amending Title 27 of the LMC to
add a new Sec. 27.71.095 to permit light wells &
egress windows in required yards.
4) 00-33 Change of Zone 3225 - App. of Ridge Development Co.,
Southview, Inc., & the Large Partnership for a change
from R-3 Residential to O-3 Office Park & from O-3
Office Park to R-3 Residential on property generally
located southeast of S. 14th St. & Yankee Hill Rd.
5) 00-34 Accepting the street right-of-way for the east half of
S. 91st St. abutting Vintage Heights
6th Add.
6) 00-14 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 or for an employee
or performer to have any physical contact with any
patron. (1/31/00 - Placed on Pending until 2/14/00
w/Public Hearing) (In connection w/00-35, 00-36)
7) 00-35 Amending Sec. 9.16.230 of the LMC to define "nudity",
to make it unlaw-ful for a person to appear in any
public place in a state of nudity, & providing
exceptions thereto. (In connection w/00-14, 00-36)
8) 00-36 Amending Chapter 9.16 of the LMC to add Sec. 9.16.240
banning sexual contact in businesses. (In connection
w/00-14, 00-35)
PUBLIC HEARING - RESOLUTIONS
9) 00R-40 Approving an Agrmt. between the City, MUD, Lower
Platte North NRD, Lower Platte South NRD, & Papio-
Missouri River NRD for programs that involve providing
education & technical & financial assistance in the
protection of water quality. (ADOPTED, 5-0; A-80013.)
10) 00R-41 Special Permit 228H - App. of Rodger Hempel to amend
the Capitol Beach West C.U.P. to reduce the front yard
setback from 19.5' to 14' for the construction of a
garage addition at 252 W. Lakeshore Dr.
(LOST, 0-5; #38-4326.)
11) 00R-42 Special Permit 2281 - App. of Joan Weeks, Jack
Peterson, John Otley, Anna Hirshman, & Jim Harman to
amend the Capital Beach West C.U.P. to reduce the
front yard setbacks from 19.5' to 4.73', 4.45', 2.25',
5.54', & 4.76' on property generally located at 332 W.
Lakeshore, 412 W. Lakeshore, 432 W. Lakeshore, 482 W.
Lakeshore, & 492 W. Lakeshore, respectively, for the
construction of carport additions. (ADOPTED, 5-0; A-80014.)
12) 00R-43 Comp. Plan Amendment 94-42 - Amending the Land Use
Plan & adding text to the Comprehensive Plan regarding
land use, infrastructure, & resources for the
Wilderness Park Subarea Plan. (ADOPTED, 5-0; A-80015.)
13) 00R-44 Approving the Appointment of John Henry "Jack" Zohner
to the Heating, Ventilating, & Cooling Examiners Board
for a term to expire April 4, 2002.
(ADOPTED, 5-0; A-80016.)
14) 00R-45 Appointing Diana Pasco to the Community Development
Task Force to fulfill an unexpired term through
8/31/2000. (ADOPTED, 5-0; A-80017.)
15) 00R-46 Appointing James R. "Jim" Johnson to the Cable
Advisory Board to fulfill an unexpired term through
7/1/2001. (ADOPTED, 5-0; A-80018.)
16) 00R-47 Accepting the report of new & pending tort claims
against the City & approving disposition of claims set
forth therein for the period of Jan. 16 through 31,
2000. (AMENDED TO REMOVE CLAIM OF DAVID A.
HENRY FOR FURTHER CONSIDERATION ON 2/22/00; 4-1; CAMP
DISSENTING; ADOPTED, 5-0; A-80019.)
PETITIONS & COMMUNICATIONS
17) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT:
Change of Zone 3232 - App. of Mike Rierden for a text
change to LMC
Sec. 27.63.700.
Change of Zone 3236 - App. of Patterson Estates, Inc.
for a change from
AG Agricultural to I-1 Industrial on property
generally located at 98th & Hwy. 6.
Change of Zone 3237 - App. of Jon Carlson for a text
change to LMC Secs.
27.17.090, 27.19.080(d)(1)(3), 27.19.080(a),
27.19.090, 27.21.080(a), 27.21.080(e), 27.21.090,
27.23.080(a), 27.23.090, 27.24.080(a) &
27.24.090.
Special Permit 1818 - App. of L. Vince Cornell to park
& display vehicles
in sideyard & display vehicles in front yard for
existing auto sales on property generally located
at 700 W. "O" St.
Special Permit 1823A - App. of NEBCO, Inc. to amend
Sp. Permit 1823 to
exceed the max. height permitted in the district
on property generally located at 6th &
Charleston.
Special Permit 1829 - App. of Westminster Presbyterian
Church to increase
bldg. footprint for Church at 2110 Sheridan Blvd.
Special Permit 1830 - App. of Richard Speidell for a
new community unit
plan on property generally located at Mandarin
Cir., near Pioneers & 84th St.
18) MISCELLANEOUS REFERRALS
Setting hearing date of Mon., Feb. 28, 2000 at 1:30
p.m. on the Man. App. of Daniel C. Smith for B & R
Stores, Inc. dba Russ's Bishop Heights IGA at 4200 S.
27th St. (ADOPTED, 5-0; A-80020.)
App. of St. Patrick's Festival at 6126 Morrill to
conduct a raffle within the City of Lincoln.
(HEARING DATE SET FOR TUES., FEB. 22, 2000,
AT 6:30 P.M., 5-0.)
Report from City Treasurer of Telecomm. Occ. Tax due
for the months of April thru Dec., 1999 from Nebraska
Technology & Telecomms., Inc. (PLACED ON FILE)
Formal Paving Petition for 72nd St. from Havelock Ave.
to Morrill Ave. submitted by Gertrude & Merlin Dana.
(REFERRED TO LAW DEPT.)
REPORTS OF CITY OFFICERS
19) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on Jan. 31, 2000. (PLACED ON FILE)
20) Investment of Funds. (ADOPTED, 5-0; A-80021.)
21) Reports from City Treasurer of Telecomm. Occ. Tax due
as follows: Oct. - Dec., 1999: Zenex Long
Distance; Nov., 1999: MCI Telecomms. Corp.
(amended return); Jan., 2000: One Call Comms.
(PLACED ON FILE)
ORDINANCES - 1ST READING
(ITEMS 22 THRU 30 HAD 1ST READING)
22) 00-38 Amending Sec. 25.03.190 of the LMC to increase the
fees for a HVAC Journeyman examination from $30.00 per
test to $50.00 per test.
23) 00-39 Renaming S. 22nd St. between Ridgeline Dr. & Hazel
Scott Dr. as "Shadow Ridge Rd."
24) 00-40 Amending the corporate limits of the City by annexing
approx. 50.51 acres of property generally located at
N. 33rd St. & Folkways Blvd. (In connection w/00R-55,
00R-56, & 00-41)
25) 00-41 Change of Zone 3200 - App. of North 33rd St. L.L.C.
for a change from R-3 Residential to B-2 Planned
Neighborhood Business & I-3 Employment Center on
property generally located at N. 33rd St. & Folkways
Blvd. (In connection w/00R-55, 00R-56, & 00-40)
26) 00-42 Change of Zone 3231 - App. of Regal Building Systems,
Inc. for a change from R-3 to R-4 Residential on
property generally located at N. 24th & Dodge Sts.
(In connection w/00R-51, 00R-52, 00R-53)
27) 00-43 Change of Zone 3233 - App. of Hampton Development
Services for a change from R-3 to R-4 Residential on
property generally located at N. 23rd St. & Fletcher
Ave. (In connection w/00R-54)
28) 00-44 Change of Zone 3221 - App. of the City for a change
from P Public to I-1 Industrial & from I-1 Industrial
to P Public on property generally located at N. 6th &
Charleston Sts. (In connection w/00-45, 00-46, 00R-57,
00R-58, 00R-59, 00R-60, 00R-61)
29) 00-45 Approving a Ballpark Facilities Lease Agrmt. between
the City & the Board of Regents of the University of
Nebraska & NEBCO, Inc. as tenants for City owned
property in the Lincoln Ballpark Add. for a period of
35 years with an option to extend the lease for 7
additional terms of 5 years each. (In connection
w/00-44, 00-46, 00R-57, 00R-58, 00R-59, 00R-60, 00R-61)
30) 00-46 Approving the transfer of appropriations related to
the Lincoln Ballpark Proj. in the amount of $871,585
from Relocation of Engineering Services to City Tow-in
Lot ($200,000) and 901/1001 Storm Sewer ($671,585);
chang-ing funding descriptions to eliminate revenue
bonds as a funding source; & transferring $270,000 in
appropriations from project contingency to Addi-tional
Road & Access Needs. (In connection w/00-44, 00-45,
00R-57, 00R-58, 00R-59, 00R-60, 00R-61)
RESOLUTION - FOR COUNCIL ACTION - HAD PUBLIC HEARING
31) 00R-31 Accepting the report of the Realty Center Tort Claim
filed against the City & approving the disposition of
said claim. (ADOPTED, 5-0; A-79995A.)
ORDINANCES - 3RD READING
(AND RELATED RESOLUTIONS - HAD PUB. HEARING)
32) 00-16 Change of Zone 3182 - App. of the B & J Partnership &
the Planning Director for a change from R-2
Residential to B-2 Planned Neighborhood Business &
from R-2 Residential to P Public on property generally
located at S. Coddington Ave. & W. "A" St. (In
connection w/00-17, 00R-27) (2/7/00 - Action delayed
1 week to 2/14/00) (ACTION DELAYED 1 WEEK TO 2/22/00, 5-0.)
33) 00-17 Declaring approx. 0.9 acres of property generally
located at S. Coddington Ave. & W. "A" St. as surplus
& authorizing the sale thereof. (In connec-tion w/00-16,
00R-27) (2/7/00 - Action delayed 1 week to
2/14/00) (ACTION DELAYED 1 WEEK TO 2/22/00, 5-0.)
34) 00R-27 Use Permit 118 - App. of B & J Partnership to develop
89,700 sq. ft. of commercial space & a reduction of
the front yard setback on property generally located
at S. Coddington Ave. & W. "A" St. (In connection
w/00-16, 00-17) (2/7/00 - Action delayed 1 week to
2/14/00) (ACTION DELAYED 1 WEEK TO 2/22/00, 5-0.)
35) 00-23 Amending pay schedules of employees whose
classifications are assigned to the pay range prefixed
by the letter "A" by deleting the job classification
of "Civil Engineer II." (PASSED, 5-0; #17606.)
36) 00-24 Amending pay schedules of employees whose
classifications are assigned to the pay range prefixed
by the letter "M" by deleting the job classification
of "Civil Engineer III." (PASSED, 5-0; #17607.)
37) 00-25 Amending pay schedules of employees whose
classifications are assigned to the pay range prefixed
by the letter "N" by creating the classifications of
"Parks Welder II", "Parks Plumber I", & "Parks Plumber
II"; by changing the class title of "Welder" to "Parks
Welder I"; & by deleting the job classification of
"Print Machine Operator." (PASSED, 5-0; #17608.)
38) 00-26 Approving the Que Place Notch Redevelopment Agreement
between the City & Concord Hospitality Inc.; which
authorizes the sale of property & the development of a
restaurant at Lot 1, Que Place Add. to Block 36.
(PASSED, 5-0; #17609.)
39) 00-27 Vacating W. "E" St. between S.W. 6th & S. Folsom Sts.
(ACTION DELAYED 1 WEEK TO 2/22/00, 5-0.)
40) 00-28 Amending Title 26 of the LMC to add a section to
define "minimum flood corridor", to adopt the policy
recommendation related to the Comprehensive Stormwater
Management Plan, to establish a requirement for the
removal of sediment from streets, alleys, sidewalks,
public ways, or public grounds, & providing a penalty
for failure to do so. (In connection w/00-29, 00-30,
00R-38) (ACTION DELAYED 1 WEEK TO 2/22/00, 5-0.)
41) 00-29 Change of Zone 3216 - Amending Title 27 of the LMC to
provide grading & land disturbance regulations for the
AG, AGR, R-1 through R-8, O-1 through O-3, R-T, B-1
through B-5, H-1 through H-4, & I-1 through I-3 zoning
districts. (In connection w/00-28, 00-30, 00R-38)
(ACTION DELAYED 1 WEEK TO 2/22/00, 5-0.)
42) 00-30 Amending Chapter 20.12 of the LMC to adopt the policy
recommendation related to the Comprehensive Stormwater
Management Plan. (In connection w/00-28, 00-29, 00R-38)
(ACTION DELAYED 1 WEEK TO 2/22/00, 5-0.)
43) 00R-38 Adopting the Stormwater Drainage Design Standards &
related City of Lincoln Drainage Criteria Manual as
part of the Design Standards for Subdivision
Regulations. (In connection w/00-28, 00-29, 00-30)
(2/7/00 - Action delayed 1 week to 2/14/00)
(ACTION DELAYED 1 WEEK TO 2/22/00, 5-0.)
PENDING LIST (EXTENDED ONE WEEK.)
44) 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)
45) 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)
46) 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)
47) 97-122 Amending Sec. 5.04.060 of the LMC to prohibit issuance
of special desig-nated 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)
48) 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. (11/1/99 - Placed on Pending)
49) 99R-289 Comp. Plan Amendment 94-38 - App. of the Planning
Director to incor-porate the Beal Slough Basin
Stormwater Master Plan by reference as an approved
component of the Comprehensive Plan. (12/6/99 - Placed
on Pending until Spring of 2000 for cont'd Public
Hearing)
50) 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)
51) 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)
52) 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)
53) 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)
54) 99-58 Change of Zone 3167 - App. of College View 7th Day
Adventist Church for a change from R-4 & R-6
Residential to B-3 Commercial on property gener-ally
located at S. 49th St. & Lowell Ave. (6/1/99 - Placed
on Pending)
55) 99R-152 Authorizing acquisition of property contiguous with
other city of Lincoln property in Sarpy County east of
the Platte River. (6/28/99 - Action delayed for 3
weeks w/Pub. Hearing on 7/19/99) (7/12/99 - To remain
on Pending indefinitely)
56) 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)
57) 98-104 Vacating the alley north of W. C St. & west of SW 1st
St. (9/7/99 - 2nd Sub. Ord. Accepted. Placed on
Pending)
58) 00R-4 Amending the City's resolution on local government
miscellaneous expend-itures to clarify language; to
provide for travel approval by department directors &
instituting a requirement for directors to submit a
semi-annual report regarding travel authorizations; to
provide that teams are eligible for the Mayor's Award
of Excellence; & to eliminate references to the City's
wellness program. (1/18/00 - Placed on Pending)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON TUESDAY, FEBRUARY 22, 2000.(APPROVED, 5-0.)
59) 00R-48 Amending the Pedestrian/Bicycle Advisory Committee to
allow all 14 members of the Committee to be appointed
by the Mayor.
60) 00R-49 Approving an Interlocal Agrmt. between the City & the
County Cooperative Extension for education programs on
solid waste management & recycling.
61) 00R-50 Special Permit 1781 - App. of Gerald Maddox to develop
Northview 1st C.U.P. consisting of 122 attached single
family dwelling units on property generally located at
N. 24th & Dodge Sts. (In connection w/00-42, 00R-51,
00R-52, 00R-53)
62) 00R-51 Special Permit 1820 - App. of Regal Building Systems
to develop 128 elderly dwelling units, a 60 person
domiciliary care facility, with a waiver of the height
limit from 35' to 43', on property generally located
at N. 24th & Dodge Sts. (In connection w/00-42, 00R-50,
00R-52, 00R-53)
63) 00R-52 Special Permit 1821 - App. of Regal Building Systems
to construct an early childhood care facility for 118
children on property generally located at N. 24th &
Dodge Sts. (In connection w/00-42, 00R-50, 00R-51,
00R-53)
64) 00R-53 Accepting & approving the Pre. Plat of Northview 1st
Add. & to waive the design standards to allow non-
perpendicular lot lines on property generally located
at N. 24th & Dodge Sts. (In connection w/00-42, 00R-50,
00R-51, 00R-52)
65) 00R-54 Special Permit 1828 - App. of Hampton Development
Services to develop an elderly care facility with 140
dwelling units, an assisted living facility for 205
persons, & a child care facility for 120 children,
along with a waiver of design standards to increase
the height limit from 35' to 50' & a reduction of the
front yard setbacks on property generally located at
N. 23rd & Fletcher Ave. (In connection w/00-43)
66) 00R-55 Use Permit No. 123 - App. of North 33rd St. L.L.C. to
develop 136,000 sq. ft. of retail space, 204,000 sq.
ft. of office space, & 751,000 sq. ft. of
industrial/warehouse space, on property generally
located at N. 33rd St. & Folkways Blvd. (In
connection w/00-40, 00-41, & 00R-56)
67) 00R-56 Accepting & approving the Pre. Plat of Landmark
Corporate Center for 40 commer-cial/industrial lots &
three outlots with associated waivers on property
generally located at N. 33rd St. & Folkways Blvd. (In
connection w/00-40, 00-41, & 00R-56)
68) 00R-57 Comp. Plan Amendment 94-46 - Amending the Land Use
Plan to change land use from Parks & Open Space &
Industrial to Public & Semi-Public & amending
associated text on property generally located at N.
6th & Charleston Sts. (In connection w/00-44, 00-45,
00-46, 00R-58, 00R-59, 00R-60, 00R-61)
69) 00R-58 Special Permit 1822 - App. of NEBCO, Inc. for
authority to sell alcoholic beverages for consumption
on the premises at the Lincoln Ballpark generally
located south of Charleston St., west of N. 6th St.
(In connection w/00-44, 00-45, 00-46, 00R-57, 00R-59,
00R-60, 00R-61)
70) 00R-59 Accepting & approving the Pre. Plat of Lincoln
Ballpark with waivers of the subdivision requirements
for sidewalks, street trees, on-site stormwater
detention, & a 2% approach grade at the Salt Creek
Bridge on property generally located south of
Charleston St., west of N. 6th St. (In connection
w/00-44, 00-45, 00-46, 00R-57, 00R-58, 00R-60, 00R-61)
71) 00R-60 Approving amendments to the Ballpark Interlocal Agrmt.
& Memorandum of Agrmt. between the City, Board of
Regents of the University of Nebraska, the Lincoln-
Lancaster County Railroad Transportation District &
NEBCO, Inc. to correlate with the Ballpark Lease &
Construction Agreements by moving a reference to
parking, change a reference to Administrative
Agreements, & deleting a reference to the Corollary
Site. (In connection w/00-44, 00-45, 00-46, 00R-57,
00R-58, 00R-59, 00R-61)
72) 00R-61 Approving a Construction Agrmt. authorized by the
Ballpark Interlocal Agrmt. for the Board of Regents of
the University of Nebraska & NEBCO, Inc. to pay for &
construct Ballpark facilities & for the City to pay
for & construct related public works facilities for
the Lincoln Ballpark Project. (In connection w/00-44,
00-45, 00-46, 00R-57, 00R-58, 00R-59, 00R-60)
ADJOURNMENT 4:55 P.M.
UPCOMING HEARINGS
Hearing date of Tues, Feb. 22, 2000 at 6:30 p.m. on the App. of
Lisa M. Warner dba Cornhusker Social Hall for a Retail Class I
Liquor License at 2940 Cornhusker Hwy.
Hearing date of Tues., Feb. 22, 2000 at 6:30 p.m. on the Man.
App. of Ronald L. Kiger, Jr. for Kum & Go at 4335 N.
70th.
Hearing Date of Tues., Feb. 22, 2000 at 6:30 p.m. on the Man.
App. of Ronald L. Kiger, Jr. for Kum & Go at 2243 N. Cotner.
Hearing date of Tues., Feb. 22, 2000 at 6:30 p.m. on the Man.
App. of Jacob Arthur North for Outback Steakhouse FL, Inc. dba
Outback Steakhouse at 633 N. 48th.
Hearing date of Tues., Feb. 22, 2000 at 6:30 p.m. on the request
of Lazlo, Inc. dba Empyrean Ales for an addition of their
licensed premise at 6301 N. 60th.
City Council
2000 Agenda History
Current History
