ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 27, 2000 AT 6:30 P.M.
ALL MEMBERS PRESENT.
1) App. of Lee's, Inc. dba Lee's Restaurant for a Retail
Class C Liquor License at 1940 W. Van Dorn.
(ADOPTED FOR APPROVAL, 7-0; A-80085.)
2) Man. App. of Janice L. Wilcoxen for Lee's, Inc. dba
Lee's Restaurant at 1940 W. Van Dorn.
(ADOPTED FOR APPROVAL, 7-0; A-80086.)
3) Man. App. of Homer Riley for Point After, Inc. dba
Point After at 1011 W. Dawes Ave.
(ADOPTED FOR APPROVAL, 7-0; A-80087.)
ORDINANCES - 2ND READING
(ITEMS 4 & 5 HAD 1ST READING.)
4) 00-62 Change of Zone 3240 - App. of Virgil Eihusen for a
change from R-3 Residential to H-3 Hwy. Commercial on
property generally located at Interstate 80 west of
Whitehead Dr. (RULES SUSPENDED TO HAVE 3RD
READING ON THIS DATE, 6-1; FORTENBERRY DISSENTING;
PASSED, 7-0; #17641.)
5) 00-63 Repealing Sec. 9.20.090 of the LMC relating to
disturbing the peace by focused picketing at religious
PUBLIC HEARING - RESOLUTIONS
6) 00R-77 Ordering Paving Dist. 2616 constructed in 72nd St.
from Havelock Ave. to Morrill Ave.
(ADOPTED, 6-1; JOHNSON DISSENTING; A-80088.)
7) 00R-87 Appointing Charles Van Rossum to the Cable Advisory
Board to fill an unexpired term expiring July 1, 2000.
(ADOPTED, 7-0; A-80089.)
8) 00R-88 Waiving the design standards requirement for the
improvement of Cornhusker Hwy. to Urban Standards &
the sidewalks along the southeastern side of
Cornhusker Hwy. abutting the proposed Admin. Final
Plat of Sapp Brothers 2nd Add., on property generally
located on the southeastern side of Cornhusker Hwy. at
Russell Dr., approx. the 6000 block of Cornhusker Hwy.
(ADOPTED, 7-0; A-80090.)
9) 00R-89 Accepting & approving the Pre. Plat of High Pointe
North Commercial Center 1st Add. on property generally
located at N. 27th St. & Wildcat Dr. for 14 commercial
lots & 1 outlot. (ADOPTED, 7-0; A-80091.)
10) 00R-90 Comp. Plan Amendment 94-40 - Amending the land use,
phasing, utility, & road network portions of the 1994
Lincoln-Lancaster County Comp. Plan to reflect changes
in land use & improvements on property in the general
vicinity of N. 1st St. to N. 56th St., north of
Interstate 80 & Hwy. 34 to Arbor Rd. (1ST
AMENDMENT, 7-0; 2ND AMENDMENT, 5-2; JOHNSON &
SHOECRAFT DISSENTING; ADOPTED, 7-0; A-80092.)
11) 00R-91 Comp. Plan Amendment 94-48 - Amending the Lincoln Land
Use Plan of the 1994 Lincoln-Lancaster County Comp.
Plan to change the designation from Commercial to Low
Density Residential on property generally located east
of 70th St., between Hwy. 2 & Pine Lake Rd.
(LOST, 0-7; #38-4330.)
12) 00R-92 Accepting the report of new & pending claims against
the City & approving disposition of claims set forth
therein for the period of March 1 thru 15, 2000.
(ADOPTED, 7-0; A-80093.)
13) 00R-93 Amending Article I, Section 3(A) of the
Lincoln-Lancaster County Air Pollution Control Program
Regulations & Standards related to hearings on air
(ADOPTED, 6-0; JOHNSON ABSENT; A-80094.)
14) 00R-94 Reappointing Dennis Biggerstaff to the Heating,
Ventilating & Cooling Examiners Board for a 3-yr. term
to expire April 4, 2003.
(ADOPTED, 6-0; JOHNSON ABSENT; A-80095.)
PETITIONS & COMMUNICATIONS
15) The following Applications were referred to
the Planning Dept.:
Special Permit 1573A - App. of Emerald Care Co. to
operate a domiciliary care facility for elderly
residents at 1740 Superior St.
Special Permit 1781A - App. of Lincoln Federal Savings
Bank to reduce the rear yard setback on property at
24th & Dodge St.
Special Permit 1834 - App. of Glen & Margaret Manske
to operate a garden center in the AG Zoning Dist. on
property at 12700 Holdrege St.
Special Permit 1835 - App. of Glen & Margaret Manske
to develop a C.U.P. in the AG Zoning Dist. on property
at N. 125th & Holdrege Sts.
16) Informal Request from Donald Broman, 3025 N. 63rd, for
the creation of a paving district in 63rd St. from
Fremont St. to Pershing School on the south.
(REFERRED TO PUBLIC WORKS)
17) MISCELLANEOUS REFERRALS
Setting hearing date of Mon., April 10, 2000 at 1:30
p.m. on the App. of 210 N. 7th St. LLC dba DiNapoli
Ristorante & Vinera for a Retail Class I Liquor
License at 201 N. 7th St.
(ADOPTED, 6-0; JOHNSON ABSENT; A-80096.)
Petition to Vacate Public Way the west 20' of 18 St.
between "Q" & "R" Sts. submitted by the UNL Board of
Regents. (REFERRED TO LAW DEPT.)
Reports from City Treasurer of Telecomms. Occ. Tax due
for the month of Feb., 2000 from: RSL Com USA,
Glyphics Comms., Worldtel Services, Stormtel, GTC
Telecom, LDM Systems, NOS Comms., NOSVA Ltd.
Partnership, Nextlink Long Distance, UniDial Comms.,
Comdata Tele-comms., Tri-M Comms., Telligent Services,
D & D Comms., Incomnet Comms., Inacom Comms., Global
Telephone Corp., Sprint Spectrum, Long Distance of
Michigan, Equality Inc., Affinity Network, Network
Billing Systems, I-Link Comms. fka Family Telecomms.,
Topp Telecomm, Nextel West Corp., ATS Mobile
Telephone, Telco Development Group, Business Telecom,
Sprint Comm. Co. Ltd., Network Internat'l, Globalcom
Inc., & GST Net, Inc.
(PLACED ON FILE)
Report from City Treasurer of Telecomms. Occ. Tax due
for the period of Feb. 1997 thru Jan., 2000 from Topp
Telecomm.. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
18) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on March 13, 2000.
(PLACED ON FILE)
19) Investment of Funds.
(ADOPTED, 6-0; JOHNSON ABSENT; A-80097.)
20) Approving the distribution of funds representing
interest earnings on short-term investments of Idle
Funds during the month ended Feb. 29, 2000.
(ADOPTED, 6-0; JOHNSON ABSENT; A-80098.)
ORDINANCES - 1ST READING - NONE
ORDINANCES - 3RD READING
21) 00-59 Accepting & approving a Lease Agrmt. between the City
& B & J Partner-ship, Ltd. for space at 2606 Park
Blvd. for a 5 yr. term expiring Jan. 31, 2005 for use
by the Lincoln Fire Dept. for the FEMA Urban Search &
Rescue Task Force Program.
(PASSED, 6-0; JOHNSON ABSENT; #17642.)
22) 00-60 Approving a Redevelopment Agrmt. between the City,
Village Develop-ment, & DOT, Inc. for the development
of the 27th & Vine St. area.
(PASSED, 7-0; #17643.)
23) 00-61 Vacating a portion of the southern 5' 6" of "Q" St.
between 11th & 12th St. adjacent to the previously
vacated area in Lot 1, Que Place Add.
(PASSED, 7-0; #17644.)
(EXTENDED ONE WEEK. SEE ITEM #34.)
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) 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)
27) 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
28) 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)
29) 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 Comp. Plan. (12/6/99 - Placed on
Pending until Spring of 2000 for cont'd Public
30) 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
31) 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
32) 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)
33) 99R-134 Approving a recommendation that the Mayor amend
Administrative 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)
34) 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
(REMOVED FROM PENDING & WITHDRAWN, 7-0; #38-4331.)
35) 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)
36) 98-104 Vacating the alley north of W. C St. & west of SW 1st
St. (9/7/99 - 2nd Sub. Ord. Accepted. Placed on
37) 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)
38) 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. (2/22/00 - Placed on Pending
until a Supreme Court Case Decision)
39) 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 dwell-ing 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 north-east corner of
S. 84th St. & Old Cheney Rd. (3/13/00 - To remain on
40) 00-31 Amending Chapter 5.38 of the LMC to include
condominiums for the purpose of ensuring compliance
with the minimum housing standards. (3/6/00 - Placed
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, APRIL 3, 2000:(APPROVED, 7-0.)
41) 00R-95 Approving a Golf License Agrmt. between the City &
Cory Fletcher for professional services at Mahoney
42) 00R-96 Approving the First Amendment to Skywalk Permit &
Operating Agrmt. between the City & Energy Square
Condo Assoc. with regards to the repairs bidding
process, invoicing, carpet cleaning, & utility
43) 00R-97 Appointing Lloyd Johnson to the Veterans Memorial
Garden Advisory Committee to fill an unexpired term
expiring Oct. 2, 2001.
44) 00R-98 Approving a transfer of appropriations in the amount
of $100,000.00 from General Fund, Department City
Unassigned, Contingency Division (Acct. No.
18001.9235) O & M transfers to General Fund,
Department City Unassigned, General Expense Division
(Acct. No. 18002.5642) Legal Services for the purpose
of approving the settlement in Olmer v. City.
ADJOURNMENT 10:15 P.M.
2000 Agenda History