ACTION for the Regular City Council Meeting Held
Monday, April 17, 2000 at 1:30 p.m.
NOTE: APRIL 24, 2000 REGULAR CITY COUNCIL MEETING WILL BEGIN AT 6:30
PUBLIC HEARING LIQUOR LICENSES
1) Application of TFG, Inc. dba "The Capitol Dining Room" for a
Class "I" and liquor Catering license at 1445 "K" Street.
(ADOPTED FOR APPROVAL, 7-0; A-80114) Exhibit (745K)
2) Manager application of Rachel Mary Klosterman for TFG, Inc.
dba "The Capitol Dining Room" at 1445 "K" Street.
(ADOPTED FOR APPROVAL, 7-0; A-80115) Exhibit (745K)
3) Manager application of Craig Weidner for B & R Stores, Inc.
dba "Russ's B & R IGA" at 130 N. 66th Street. (ADOPTED FOR
APPROVAL, 7-0; A-80116) Exhibit (210K)
3a) App. of Cory Fletcher dba "Mahoney Golf Course" for a Class
"A" Liquor License at 7900 Adams. (ADOPTED FOR APPROVAL,
7-0; A-80117) Exhibit (424K)
4) Application of Folsom Children's Zoo for a special designated
liquor license covering an area measuring 200' by 200' in
Zooville Square at 1222 S. 27th Street on the 9th day of
June, 2000 from 5:00 p.m. to 10:00 p.m.
(ADOPTED FOR APPROVAL, 7-0; A-80118) Exhibit (327K)
PUBLIC HEARING ORDINANCES -
2ND READING (ITEMS 5 & 6 HAD 2ND READING)
5) 00-78 Approving a contract between the City & the Lincoln Haymarket
Development Corp. to operate & regulate a Saturday public
market in the Haymarket area from May 6 thru Oct. 28, 2000.
6) 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 9.16.240
as hitherto existing.
PUBLIC HEARING ORDINANCES - 3RD READING
7) 98-104 Vacating the alley north of W. C St. & west of SW 1st St.
(4/10/00 - Cont. 3rd Reading w/Public Hearing to 4/7/00)
(LOST, 0-7; #38-4337
PUBLIC HEARING - RESOLUTIONS
8) 00R-107 Appointing Randy Ross and Ed Schneider to the Lincoln-
Lancaster County Board of Health for three-year terms
expiring April 15, 2003. (ADOPTED, 7-0; A-80119)
9) 00R-108 Reappointing Betsy Palmer to the Lincoln-Lancaster County
Board of Health for a three-year term expiring April 15,
2003. (ADOPTED, 7-0; A-80120)
10) 00R-109 Special Permit 1713A - Application of Krein Real Estate
and Aspen Partnership to amend the Aspen 3rd Community Unit
Plan to reduce the front yard setback on the single-family
and two-family residential lots from 25 feet to 20 feet on
property generally located at Eagle Ridge Road and
Carmen Circle. (ADOPTED, 7-0; A-80121)
11) 00R-110 Accepting the report of new and pending tort claims against
the City and approving disposition of claims set forth there-
in for the period of March 16 - 31, 2000.
(ADOPTED, 7-0; A-80122)
12) 00R-111 Approving a cooperative purchasing agreement between the City
and Intercity Transit of Olympia, Washington for the purchase
of 20 full-size transit vehicles. (ADOPTED, 7-0; A-80123)
13) 00R-112 Approving a Real Estate Contract between the City, Lancaster
County, and the Estate of Jean Breslow for the purchase of
property at 230 South 9th Street. (ADOPTED, 7-0; A-80124)
14) 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 work-
place which raises awareness of AIDS in the local adult
community. (ADOPTED, 6-1; FORTENBERRY DISSENTING; A-80125)
15) 00R-125 Appointing Jon D. Carlson to the Lincoln-Lancaster County
Planning Commission to fill an unexpired term expiring
August 24, 2001. (ADOPTED, 7-0; A-80126)
PETITIONS & COMMUNICATIONS
16) Setting Date of Mon., April 24, 2000 at 6:30 p.m. on the App.
of Lincoln-P Street Catering Co., Inc. dba "Embassy Suites"
for a Retail Class "IK" Liquor License at 1040 "P" St.
(ADOPTED, 7-0; A-80127)
17) MISCELLANEOUS REFERRALS
Report of City Treasurer of City Cash on hand at the close of
business March 31, 2000. (PLACED ON FILE)
THE FOLLOWING WERE REFERRED TO PLANNING DEPT.
Change of Zone 3227 - App. of Brian D. Carstens for the Boy Scouts
of America - Cornhusker Council from P to O-3 at Southwood Dr.
& NE Highway 2.
Use Permit 127 - App. of Boy Scouts of America, Cornhusker Council
to construct & operate a Boy Scout Service Center w/associated
outdoor activity areas at Southwood Dr. & NE Highway 2.
Special Permit 587F - App. of Boy Scouts of America, Cornhusker
Council to amend Sp. Permits 587 & 419 to delete an area from
the original boundaries of the Southwood Community Unit Plan
at South 27th St - Old Cheney Rd to Highway 2.
Special Permit 751B - App. of Knights of Columbus for 26 days for
Farmers Market for Spring, Summer, & Fall & unspecified days
for future use to be designated at that time at 6040 South St.
Special Permit 1832 - App. of George & Kathy Mechling & Capitola
E. Mechling to submit a C.U.P. for 19 residential lots & two
outlots at Mockingbird Lane North & South 14th St.
Special Permit 1826 - App. of Land Construction Inc. for extrac-
tion os sand, gravel & soil, 27.63.360 at 56th & Mckelvie.
Special Permit 1837 - App. of Associated Builders & Contractors
for a private school for adult apprenticeship training at
830 Westgate Blvd.
Setting Date of Mon., May 1, 2000 at 1;30 P.M. on the App. of
Concord Neighborhood Corp. dba "Applebee's Neighborhood Grill &
Bar" for a Retail Class "I" Liquor License at 1133 "Q" St.
(ADOPTED, 7-0; A-80128)
REPORTS OF CITY OFFICERS
18) Clerk's Letter & Mayor's Approval of Ordinances & Resolutions
passed on April 3, 2000. (PLACED ON FILE)
19) Investment of Funds. (ADOPTED, 7-0; A-80129)
20) Reports from City Treasurer of Telecom. Occ. Tax due for the
month of Feb., 2000 from: Operator Comm., Claricom Networks,
USA Paging, One Call Comm. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 21 THRU 30 HAD 1ST READING; SEE ITEM 28)
21) 00-74 Creating Water District No. 1179 in Plum Street from
Gillespie to approximately 350 feet east.
22) 00-75 Creating Alley Paving District No. 358 in the north south
alley between St. Paul and Madison Streets, 49th Street to
23) 00-76 Creating Paving District No. 2617 in 73rd Street from
Cuming to Thurston Streets.
24) 00-80 Creating Water District No. 1180 in 33rd Street from
Superior Street north to approximately Meridian Drive.
25) 00-81 Creating Paving District No. 2618 in 33rd Street from
Superior Street north to approximately Meridian Drive.
26) 00-82 Change of Zone 3236 - Application of Garner Industries for a
change of zone from AG Agricultural to I-2 Industrial Park
on property generally located at the southwest corner of
98th and Cornhusker Highway. (In connection w/00R-124)
27) 00-83 Change of Zone 3237 - Amending Title 27 of the Lincoln
Municipal Code to require that new construction in the R-4,
R-5, R-6, R-7, and R-8 zoning districts conform with
Neighborhood Design Standards; to adjust the area require-
ments for multi-family dwellings in the R-5 through R-8
zoning district; to remove the R-C Residential Conservation
District; to adjust the requirements for open space in the
R-5 through R-8 zoning districts; and to add language to
allow up to 25% of a front facade to encroach up to two feet
into the required front yard. (In connection w/00R-127)
28) 00-84 Approving a Lease Agreement between the City and Nebraska
Golf & Turf, Inc., and Nebraska National Bank for the lease
of 225 golf cars and ten utility vehicles for use by the
City Parks and Recreation Golf Division for a four-year
(SUSPEND RULES TO HAVE 2ND & 3RD READINGS ON 4/24/00, 7-0)
29) 00-85 Approving Lease Agreements with Nextel WIP Lease Corporation
to allow for the placement of telecommunication fixtures on
the City's water tower on property at 56th and Pine Lake
Road and at N.W. 56th and W. Superior Streets.
30) 00-86 Approving a Lease Agreement between the City and B&J Partner-
ship, Ltd. for the relocation of Public Works & Utilities
Engineering Services at 531 Westgate Blvd.
RESOLUTION - FOR COUNCIL ACTION - HAD PUBLIC HEARING
31) 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. (4/10/00 - Delay vote to
4/17/00) (SUB. RESO. ACCEPTED, 7-0; ADOPTED, 7-0; A-80130)
ORDINANCES - 3RD READING
32) 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. (PASSED, 7-0; #17646)
33) 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) (PLACE ON PENDING, 7-0)
34) 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) (PASSED, 7-0;#17647)
35) 00-67 Change of Zone 3247 - App. of the Interim Planning Director
for a change from AGR Agricultural Residential & R-3
Residential 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) (PLACE ON PENDING, 7-0)
36) 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,
00-66, 00-67) (PASSED, 7-0; #17648)
37) 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 Agricultural
Dist. (PASSED, 7-0; #17649)
38) 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. (PASSED, 7-0; #17650)
39) 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. (PASSED, 7-0; #17651)
40) 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.
(PASSED, 4-3; COOK, FORTENBERRY, MCROY DISSENTING; #17652)
41) 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. (Request to delay vote
for 2 weeks - 5/1/00)
(ACTION DELAYED 2 WEEKS TO 5/1/00, 7-0)
42) 00-77 Approving a Lease Agrmt. between the City & the American
Legion Post #3 for the lease of Sherman Field from April 1,
2000 thru Dec. 31, 2004. (PASSED, 7-0; #17653)
PENDING LIST (EXTENDED ONE WEEK)
43) 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)
44) 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)
45) 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)
46) 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
47) 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)
48) 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)
49) 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)
50) 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)
51) 00R-4 Amending the City's resolution on local government miscel-
laneous 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)
52) 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 Decision)
53) 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
north-east corner of S. 84th St. & Old Cheney Rd. (3/13/00
- To remain on Pending)
54) 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 24, 2000:APPROVED, 7-0
55) 00R-114 Appointing D. Bert Harris to the Charter Revision Commission
to fill an unexpired term expiring July 15, 2000.
56) 00R-115 Appointing Barry Moore, Elaine Morgan, and Phyllis Bovee to
the Lincoln Area Agency on Aging Advisory Council for terms
expiring July 1, 2000, July 1, 2002, and July 1, 2002,
57) 00R-116 Reappointing Barb McCabe to the Lincoln Area Agency on Aging
Advisory Council for a term expiring July 1, 2002.
58) 00R-117 Appointing Mary Kyckelhahn, Leonard Smith, Barry Moore, and
Bonnie Armstrong, to the Lincoln-Lancaster County Commission
on Aging Advisory Board for terms expiring on July 1, 2000,
and appointing Sheryl Jordan for a term expiring July 1, 2001.
59) 00R-118 Reappointing Dale Nelson and Barb McCabe to the Lincoln-
Lancaster County Commission on Aging Advisory Board for
terms expiring July 1, 2002.
60) 00R-119 Appointing Elaine Morgan, Phyllis Bovee, and Gayle Mandeville
to the Lincoln-Lancaster County Commission on Aging Advisory
Board for terms expiring July 1, 2002.
61) 00R-120 Approving a four-year Contract with Von Busch and Sons Refuse
for site management and collection services for the
recycling drop-off sites in the City and County.
62) 00R-121 Special Permit 1794 - Application of Sprint PCS to
construct an 85 foot monopole wireless telecommunications
tower and associated equipment on property generally located
at 445 "A" Street, with a waiver of the fall zone
and landscaping requirements.
63) 00R-122 Special Permit 1827 - Application of Sprint PCS to
construct a 105 foot monopole wireless telecommunications
tower and associated equipment on property generally located
at N. 14th St. and Saunders Ave. with a waiver of the fall
zone and landscaping requirements.
64) 00R-123 Waiving the design standard conditions for the
installation of sidewalks and street trees along W. Adams
Street and the community water and wastewater system require-
ments for the Administrative Final Plat of West Haven
Addition on property generally located on the north side of
W. Adams Street between 1/4 and ½ mile west of N.W.
65) 00R-124 Comp. Plan Amendment 94-51 - Amending the 1994 Lincoln/
Lancaster County Comprehensive Plan to change the land use
from AG Agricultural to I-2 Industrial Park on property
generally located at the southwest corner of 98th St. and
Cornhusker Highway. (In connection w/00-82)
66) 00R-126 Approving and supporting the Report and Recommendations
of the Lancaster County Medical Society contained in the
document entitled "Independent Medical Oversight for Pre-
Hospital Medical Care" which recommends an emergency and non-
emergency medical system for the City.
67) 00R-127 Amending the Neighborhood Design Standards to make the
standards applicable to those areas zoned R-4, R-5, R-6, R-7,
and R-8 Residential Zoning Districts which were annexed prior
to December 31, 1949 and are potentially eligible for the
National Register of Historic Places and to eliminate their
application to the R-C Residential Conservation District.
(In connection w/00-83)
68) 00R-128 Appointing Jame Lamphere to the Government Access and
Information Committee to fulfill an unexpired term through
January 1, 2001.
ADJOURNMENT 3:56 P.M.
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 ifn 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.
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.
00-81 To provide authority to create a Paving Dist. in 33rd St.
from Superior St. north to approx. meridian Dr.
2000 Agenda History