City Council
Agenda
ACTION for the Regular City Council Meeting Held
Monday, April 24, 2000 at 6:30 p.m.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR LICENSES
1) Exhibit Application of Lincoln - P Street Catering Co., Inc. dba
(633K) "Embassy Suites" for a retail Class "I" liquor license and
liquor catering license at 1040 P Street.
(ADOPTED FOR APPROVAL, 7-0; A-80131)
2) Exhibit Manager application of Eric Jonathan Spitzer for Lincoln - P
(633K) Street Catering Co., Inc. dba "Embassy Suites" at 1040 P
Street. (ADOPTED FOR APPROVAL, 7-0; A-80132)
PUBLIC HEARING ORDINANCES -
2ND READING (ITEMS 3 THRU 12; SEE ITEMS 8 & 11)
3) 00-74 Creating Water District No. 1179 in Plum Street from
Gillespie to approximately 350 feet east.
4) 00-75 Creating Alley Paving District No. 358 in the north
south alley between St. Paul and Madison Streets, 49th
Street to 50th Street.
5) 00-76 Creating Paving District No. 2617 in 73rd Street from
Cuming to Thurston Streets.
6) 00-80 Creating Water District No. 1180 in 33rd Street from
Superior Street north to approximately Meridian Drive.
7) 00-81 Creating Paving District No. 2618 in 33rd Street from
Superior Street north to approximately Meridian Drive.
8) 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) (SUSPENDED THE RULES TO HAVE 2ND
& 3RD READING THIS DATE, 7-0; PASSED, 7-0; #17654)
9) 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 requirements 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)
10) 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 period. (On 3rd Reading)
11) 00-85 Approving Lease Agreements with Nextel WIP Lease
Corporation to allow for the placement of telecommuni-
cation fixtures on the City's water tower on property
at 56th and Pine Lake Road and at N.W. 56th and W.
Superior Streets. (SUSPENDED THE RULES TO HAVE 2ND & 3RD
READING THIS DATE, 7-0; PASSED, 7-0; A-17655)
12) 00-86 Approving a Lease Agreement between the City and B&J
Partnership, Ltd. for the relocation of Public Works &
Utilities Engineering Services at 531 Westgate Blvd.
PUBLIC HEARING - RESOLUTIONS
13) 00R-114 Appointing D. Bert Harris to the Charter Revision
Commission to fill an unexpired term expiring July 15, 2000.
(ADOPTED, 7-0; A- 80133)
14) 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, respectively. (ADOPTED, 7-0; A-80134)
15) 00R-116 Reappointing Barb McCabe to the Lincoln Area Agency
on Aging Advisory Council for a term expiring July 1, 2002.
(ADOPTED, 7-0; A-80135)
16) 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. (ADOPTED, 7-0; A-80136)
17) 00R-118 Reappointing Dale Nelson and Barb McCabe to the Lincoln-
Lancaster County Commission on Aging Advisory Board for terms
expiring July 1, 2002. (ADOPTED, 7-0; A-80137)
18) 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.
(ADOPTED, 7-0; A-80138)
19) 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.
(ADOPTED, 7-0; A-80139)
20) 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 land-
scaping requirements. (AMENDED, 7-0; ADOPTED, 7-0; A-80140)
21) 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. (ADOPTED, 7-0; A-80141)
22) 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
requirements 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.
56th Street. (ADOPTED, 7-0; A-80142)
23) 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)
(ADOPTED, 7-0; A-80143)
24) 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.
(PLACED ON PENDING UNTIL PROVIDER IS PICKED, 4-3;
CAMP, FORTENBERRY, JOHNSON DISSENTING)
25) 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) (ACTION DELAYED ONE WEEK
TO 5/1/00, 7-0)
26) 00R-128 Appointing James Lamphere to the Government Access and
Information Committee to fulfill an unexpired term through
January 1, 2001. (ADOPTED, 7-0; A-80144)
PETITIONS & COMMUNICATIONS
Petition to Vacate Public Way in the West "C" St. from S.W. 1st
Street to the Railroad signed by Lincoln Land Realty Company,
Paul M. Griegor. (REFERRED TO PLANNING DEPT.)
Petition to Vacate Public Way in 1000 W Nance to Cornhusker
Highway signed by Ken Ward, Le Troi Partnership.
(REFERRED TO PLANNING DEPT.)
27) MISCELLANEOUS REFERRALS
Report from City Treasurer of Telecomm. Occ. Tax due for the
month of Jan., Feb, Mar., 2000: Touch 1 Comm; March, 2000: Primus,
Viatel, Trans National, Topp Telecom., Cincinnati Bell, ATS
Mobile, AmeriVision, Atlas Comm., Matrix, Int'l Exchange, D & D
Comm., Opex, Lincoln Celtelco,McLeodUSA, NETtel, LDM Systems,
Incomnet, Global, Telco Dev., Teligent, Stormtel, Glyphics, Tri-
M, GTC, Unidial, Inacom, Comdata, NOS, Nextlink, Affinity,
Equality, GST, Western Union. (PLACED ON FILE)
Report from City Treasurer of Franchise Tax for Month of March,
2000. (PLACED ON FILE)
Approving the distribution of funds representing interest earnings
on short-term investments of Idle Funds during the month ended
March 31, 2000. (ADOPTED, 7-0; A-80146)
Setting Hearing date of Mon., May 8, 2000 at 1:30 p.m. on the Man.
App. of Shelly Lawson for Whitehead Oil Company dba "U-Stop
Convenience Shop" at 240
N. 17th. (ADOPTED, 7-0; A-80147)
Setting Hearing date of Mon., May 8, 2000 at 1:30 p.m. on the
App. of Cutch, Inc. dba "Bum Steer" or a Liquor Catering License
at 6440 "O". (ADOPTED, 7-0; A-80148)
Setting Hearing date of Mon., May 8, 2000 at 1:30 p.m. on the
request of Namreh, Inc. dba D & D Distributor for an addition on
their licensed premise at 5840 N. 70th St. (ADOPTED, 7-0; A-80149)
Setting Hearing date of Mon., May, 2000 at 1:30 p.m. on the App.
of Biagio's Inc. dba "Biagio's" for a Retail Class "I" Liquor
License at 500 Sun Valley Blvd. (ADOPTED, 7-0; A-80150)
REPORTS OF CITY OFFICERS
28) Clerk's Letter & Mayor's Approval of Ordinances & Resolutions
passed on April 10, 2000. (PLACED ON FILE)
29) Investment of Funds. (ADOPTED, 7-0; A-80145)
30) Reports from City Treasurer of Telecom. Occ. Tax due for the
month of Feb., 2000 from: Winstar Wireless, Nebraska Technology
& Telecomm. (PLACED ON FILE)
ORDINANCES - 1ST READING - NONE
ORDINANCES - 3RD READING
31) 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. (PASSED, 7-0; #17656)
32) 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.
(PASSED, d7-0; #17657)
33) 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 period. (PASSED, 7-0; #17658)
PENDING LIST (EXTENDED ONE WEEK; SEE ITEMS 42 & 48)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
(REMOVED FROM PENDING FOR ACTION ON 5/1/00, 7-0)
43) 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)
44) 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)
45) 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)
46) 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/00-67) (4/17/00 -
Placed on Pending)
47) 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) (4/17/00 - Placed on Pending)
48) 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.
(REMOVED FROM PENDING FOR ACTION ON 5/1/00, 7-0)
48a) 00-72 Change of Zone 3244 - 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. (RECONSIDERED & PLACED ON PENDING, 7-0)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MAY 1, 2000: APPROVED, 7-0
49) 00R-129 Accepting the report of new and pending claims against the
City and approving disposition of claims set forth therein
for the period of April 1 through 15, 2000.
50) 00R-130 Approving an additional appropriation of $500,000 for the
pavement rehabilitation of residential streets.
51) 00R-131 Approving an Interlocal Agreement between the City, State,
and Lower Platte South NRD for Abatement and Control of
Urban Construction Site Erosion and Sediment.
52) 00R-132 Special Permit 1691B - Application of Hoegemeyer-Palmer
Construction, Inc. to amend the Shadow Pines 1st Community
Unit Plan to adjust the rear yard setbacks from 22 feet to
17 feet for Lots 5, 6, 7, and 8 and Outlot C, Block 2,
Shadow Pines Addition, generally located at Shadow Pines
Drive and S. 57th Street.
53) 00R-133 Special Permit 1781A - Application of Design Associates
to amend Northview 1st Community Unit Plan to adjust the
rear yard setbacks on the lots within proposed Block 3 and
to adjust the lot configuration on proposed Lots 10 through
13, Block 2, on property generally located at North 24th
and Dodge Streets.
54) 00R-134 Approving a transfer of appropriations in the amount of
$68,117 from General Fund Contingency to General Fund Urban
Development to provide matching funds for a state grant for
start up costs for a one-stop employment center related to
the Work Force Investment Act.
ADJOURNMENT 1:04 A.M.
UPCOMING HEARINGS
Hearing 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.
City Council
2000 Agenda History
Current History
