ACTION from the regular City Council Meeting Held
Monday, April 10, 2000 at 1:30 p.m.
ALL MEMBERS PRESENT.
1) App. of 210 N. 7th St. LLC dba DiNapoli Ristorante &
Vineria for a Retail Class I Liquor License at 201 N. 7th
St. (ADOPTED FOR APPROVAL, 7-0; A-80106.)
2) Man. App. of Timothy Paul Burke for 201 N. 7th St., L.LC.
dba DiNapoli Ristorante & Vineria at 201 N. 7th St.
(ADOPTED FOR APPROVAL, 7-0; A-80107.)
PUBLIC HEARING ORDINANCES -
2ND READING (ITEMS 3 THRU 13 HAD PUBLIC HEARING.)
3) 00-64 Renaming Lakeview Dr. as "Phares Dr." in the Edenton North
5th Add. generally located south of Pioneers Blvd. between
S. 70th & S. 84th St.
4) 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/00-66, 00-67, 00-68)
5) 00-66 Change of Zone 3210 - App. of the Interim Planning Director
for a change from R-3 Residential to AGR Agricultural
Residential on property generally located at the southwest
corner of S. Coddington Ave. & W. Van Dorn St.; from R-3
Residential to AG Agricultural on property generally located
south of W. Van Dorn St., east of Coddington Ave., & west of
the BNRR right-of-way; & from R-3 Residential to P Public
Use on property generally located southeasterly of the BNRR
right-of-way south of W. Van Dorn, north of W. Calvert, &
east of S.W. 15th St. extended north of W. Calvert St.
(In connection w/00-65, 00-67, 00-68)
6) 00-67 Change of Zone 3247 - App. of the Interim Planning Director
for a change from AGR Agricultural Residential & R-3 Resi-
dential 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, 00-66, 00-68)
7) 00-68 Change of Zone 3209 - App. of the Assistant Planning
Director for a change from I-1 Industrial to R-3 Residential
& from I-1 Industrial, B-1 Local Business, & H-4 General
Commercial to P Public Use, on property generally located
at Highway 77 & W. Van Dorn St. (In connection w/00-65,
8) 00-69 Change of Zone 3242 - App. of Jacqueline Berniklau to
amend Secs. 27.07.020 & 27.07.080 of the Lincoln Municipal
Code (LMC) to allow private schools with curricula
equivalent to public schools, as a permitted use in the AG
9) 00-70 Change of Zone 3243 - App. of Nebraska Neon Sign to
amend Sec. 27.69.044 of the LMC to adjust the language with
regards to signs in the O-3 Dist. to allow on-premises wall
signs & on-premises projecting signs not to exceed 10%
coverage per facade or a total of 250 sq. ft. whichever is
lesser; to allow ground signs per vehicular entrance into
the office park to be located in the required front yard &
to allow said ground sign to also identify the name of the
tenants; to allow a 15 sq. ft.ground sign at each
building entrance; & to allow the City Council to modify
the ground sign & the internal directional sign regulations
in connection with the granting of a use permit.
10) 00-71 Change of Zone 3244 - App. of HEP, Inc. for a change from
H-3 Hwy. Commercial to I-1 Industrial on property generally
located at N.W. 27th & Interstate 80.
11) 00-72 Change of Zone 3245 - App. of Manette Kidney for a change
from AG Agricultural to O-2 Suburban Office on property
generally located at S. 84th St. & Old Cheney Rd.
12) 00-73 Amending Sec. 10.14.200, 10.14.210, & 10.14.220 of the LMC
to permit U-turns at select locations when permitted by an
authorized traffic control device.
13) 00-77 Approving a Lease Agrmt. bet-
ween the City & the American Legion Post #3 for the lease
of Sherman Field from April 1, 2000 thru Dec. 31, 2004.
PUBLIC HEARING - RESOLUTIONS
14) 00R-99 Reappointing James McKee, Jerry Berggren, & Tim Francis to
the Historic Preservation Commission for three-year terms
expiring April 15, 2003. (ADOPTED, 7-0; A-80108.)
15) 00R-101 Accepting funding support from the Railroad Transportation
Safety Dist. (RTSD) for the Antelope Valley Study.
(ADOPTED, 7-0; A-80109.)
16) 00R-102 Waving the public street paving design standards for
Franklin St. & waiving the sidewalk requirements along the
north side of Franklin St. between S. 51st St. & S. 52nd
St. in the McManaman's Add. Admin. Final Plat.
(ACTION DELAYED 1 WEEK W/NO PUB. HEARING TO 4/17/00, 7-0.)
17) 00R-103 Appeal of L. Vince Cornell from the Planning Commission
denial of Special Permit 1818 for authority to park &
display vehicles for sale in the front yard on property
generally located at 702 W. "O" St.
(LOST, 3-4; CAMP, JOHNSON & SENG ASSENTING; #38-4334.)
18) 00R-104 Approving a Consent Agrmt. between the City & the U.S.
Environmental Protection Agency to settle any pending
claims of environmental violations at Transportation
Engineering Services at 901 N. 6th St.
(ADOPTED, 7-0; A-80110.)
19) 00R-105 Amending the Original Engineering Agrmt. to allow HWS
Consulting Group, Inc., to take responsibility as the
prime consultant on the South & East Beltway Studies.
(In connection w/00R-106) (ADOPTED, 7-0; A-80111.)
20) 00R-106 Approving Supplemental Agrmt. #4 between the City, County,
& State Dept. of Roads to substitute HWS Consulting Group,
Inc. as the prime consultant for the pro-vision of
engineering services associated with the South & East
Beltways Studies. (In connection w/00R-105)
(ADOPTED, 7-0; A-80112.)
PETITIONS & COMMUNICATIONS
21) MISCELLANEOUS REFERRALS
Lincoln Water & Wastewater System Recapitulation of Daily
Cash Receipts for March, 2000. (PLACED ON FILE)
UNL-Microbiologist Report of water tested for the month of
March, 2000. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
22) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on March 27, 2000. (PLACED ON FILE)
23) Investment of Funds. (ADOPTED, 7-0; A-80113.)
24) Reports from City Treasurer of Telecomm. Occ. Tax due for
the month of Feb., 2000 from: IBM Global Services,
Broadwing Telecomms., LCI Internat'l, Working Assets
Funding Service, Coast Internat'l, Intellicall Operator
Services, Excel Telecomms., Calls for Less, & Trans
National Comms., MCI Telecomms., Nebraska Technology &
Telecomms., Aliant Comms., Aliant Cellular dba Alltel, &
Global Crossing Telecomms. fka Fronter Comms.
(PLACED ON FILE)
25) Request of Public Works to set the Hearing Date of Mon.,
April 24, 2000 at 6:30 p.m. & place on the formal City
Council Agenda the following:
00-80 To provide authority to create a Water Dist. to
construct a 16" & 8" water in 33rd St. from
Superior St. north to approx. Meridian Dr.
00-81 To provide authority to create a Paving Dist.,
in 33rd St. from Superior St. north to approx.
Meridian Dr. (APPROVED, 7-0.)
ORDINANCES - 1ST READING (ITEMS 26 & 27 HAD 1ST READING.)
26) 00-78 Approving a contract between the City & the Lincoln Hay-
market Development Corp. to operate & regulate a Saturday
public market in the Haymarket area from May 6 thru Oct.
27) 00-79 Amending Sec. 9.16.240 of the LMC relating to sexual
contact to add locations in which this ordinance does not
apply, redefining the phrase "sexual contact" & repealing
9.16.20 as hitherto existing.
RESOLUTION - FOR COUNCIL ACTION
28) 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.
(LOST, 0-7; #38-4335.)
ORDINANCES - 3RD READING
29) 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.
(LOST, 0-7; #38-4336.)
30) 98-104 Vacating the alley north of W. C St. & west of SW 1st St.
(ACTION DELAYED 1 WEEK W/PUB. HEARING TO 4/17/00, 7-0.)
PENDING LIST (EXTENDED ONE WEEK.)
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) 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)
33) 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)
34) 99R-289 Comp. Plan Amendment 94-38 - App. of the Planning
Director to incorporate 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)
35) 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)
36) 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)
37) 99R-134 Approving a recommendation that the Mayor amend Admini-
strative Regulation #9 to allow for the creation & im-
plementation of a take-home vehicle program for police
officers in targeted revitalization strategy areas.
(5/10/99 - Placed on Pending)
38) 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)
39) 00R-4 Amending the City's resolution on local government
miscellaneous expenditures 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)
40) 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
41) 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)
42) 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 on Pending)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, APRIL 17, 2000: (APPROVED, 7-0.)
43) 00R-107 Appointing Randy Ross & Ed Schneider to the Lincoln-
Lancaster County Board of Health for 3-yr. terms expiring
April 15, 2003.
44) 00R-108 Reappointing Betsy Palmer to the Lincoln-Lancaster
County Board of Health for a 3-yr. term expiring April 15,
45) 00R-109 Special Permit 1713A - App. of Krein Real Estate & Aspen
Partnership to amend the Aspen 3rd C.U.P. to reduce the
front yard setback on the single-family & 2-family
residential lots from 25' to 20' on property generally
located at Eagle Ridge Rd. & Carmen Cir.
46) 00R-110 Accepting the report of new & pending tort claims against
the City & approving disposition of claims set forth there-
in for the period of March 16 - 31, 2000.
47) 00R-111 Approving a Cooperative Purchasing Agrmt. between the City
& Intercity Transit of Olympia, Washington for the purchase
of 20 full-size transit vehicles.
48) 00R-112 Approving a Real Estate Contract between the City,
Lancaster County, & the Estate of Jean Breslow for the
purchase of property at 230 S. 9th St.
49) 00R-113 Approving appropriations in the amount of $2,500 from the
operation of Keno lottery for the Nebraska AIDS Project
with restricted funding to be spent only on material for
the workplace which raises awareness of AIDS in the local
50) 00R-125 Appointing Jon D. Carlson to the Lincoln-Lancaster Planning
Commission to fill an unexpired term through Aug. 24, 2001.
(RULES SUSPENDED TO PLACE ON THE AGENDA FOR INTRODUCTION,
PUB. HEARING & ACTION ON 4/17/00, 7-0.)
ADJOURNMENT 5:15 P.M.
Hearing Date of Mon., April 17, 2000 at 1;30 p.m. on the Man. App. of
Craig Weidner for B & R Stores Inc. dba Russ's B & R IGA at 130 N.
Hearing Date of Mon., April 17, 2000 at 1;30 p.m. on the App. of Cory
Fletcher dba Mahoney Golf Course for a Retail Class A Liquor License
at 7900 Adams.
Hearing Date of Mon., April 17, 2000 at 1;30 p.m. on the App. of TFG,
Inc. dba Capitol Dining Room for a Retail Class IK Liquor License at
Hearing on Mon., April 24, 2000 at 6:30 p.m. on Ordinances to Create
00-74 To provide authority to create a Water Dist. to construct a
6" water main, Plum St., Gillespie to approx. 350' East.
00-75 To provide authority to create an Alley Paving Dist. to
construct concrete pavement in the N-S alley between St.
Paul & Madison, 49th St. to 50th St.
00-76 To provide authority to create a Paving Dist. - 73rd St.,
Cuming to Thurston St.
2000 Agenda History