ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 16, 2000 AT 1:30 P.M.
ALL PRESENT EXCEPT CINDY JOHNSON
MAYOR'S AWARD OF EXCELLENCE - JUNE, 2000: LARRY SCHAUER,
PURCHASING. SEPT., 2000 - OFFICER GREG CODY, POLICE DEPT.
1) Exhibit Manager application of Jody A. Kimmerling for LPG
661K Corp. dba "Buster's Barbecue & Brew" at 2435 South
48th Street. (ACTION DELAYED FOR ONE WEEK TO
2) Exhibit Application of Twisted Steele, Inc. dba "The Bar"
643K for a Class "C" liquor license at 1644 P Street.
(ADOPTED FOR APPROVAL, 6-0; A-80488)
3) Exhibit Manager application of Matt Vrzal for Twisted
340K Steele, Inc. dba "The Bar" at 1644 P Street.
(ADOPTED FOR APPROVAL, 6-0; A-80489)
ORDINANCES - 2ND READING (ITEMS 4 THRU 7 HAD 2NDREADING; SEE ITEMS 4 & 7)
4) 00-181 Change of Zone 3283 - Amending Title 27 of the LMC
to permit Adult Care Centers by special permit in
the R-1, R-2, R-3, R-4, & R-5 Dists. (In con-
nection w/00R-279) (PLACED ON PENDING, 6-0)
Planning Department Exhibits: Fact Sheet (42K)
5) 00-182 Change of Zone 3278 - App. of Hendricks Investments,
L.L.C. to reduce the building line district from 50'
to 40' along South St. between Folsom St. & S. 1st St.
Planning Department Exhibits: Fact Sheet (21K)
6) 00-183 Amending the corporate limits of the City by
annexing approx. 84.46 acres of property generally
located at S. Folsom & South Sts.
Planning Department Exhibits: Fact Sheet (26K)
7) 00-185 Approving a transfer of appropriations within the
Water Construction Fund of $125,000 from
Capital Improvement Proj. 701283, Water Transmission
Pump Station Replacement & $75,000 from
Capital Improvement Proj. 701024, Well Replacements
- Ashland, to Capital Improvement Proj.
700806, Water Filter-to-Waste Facility; & $10,000
from Capital Improvement Proj. 506232, Water
Distribution Main in N.W. 12th St. from Ogden to
Highlands to Capital Improvement Proj.
701025, PVC Storage Building.
(ACCEPTED SUBSTITUTE ORD., 6-0)
Planning Department Exhibits: Fact Sheet (26K)
PUBLIC HEARING - RESOLUTIONS
8) 00R-279 Special Permit 1851A - App. of Tabitha, Inc. &
Tabitha Housing Corp., to operate a combined early
childhood care facility & adult care center for a
maxi-mum of 42 children & 20 adults, with a maximum
of 9 employees, & waiving the required access to an
arterial street on property generally located at
48th & J Sts. (In connection w/00-181)
(PLACED ON PENDING, 6-0)
9) 00R-283 Approving a contract between the City and Lincoln
Keno, Inc. for the operation of a keno type lottery
on behalf of the City for a five year term.
(ADOPTED, 5-1; FORTENBERRY DISSENTING; A-80490)
10) 00R-284 Waiving the requirement of the Design Standards for
Vehicle Stacking in the drive-thru of Blimpie's in
the Belmont Shopping Center to allow the stacking to
be reduced by one vehicle on property generally
located at 2441 N. 11th Street.
Public Works & Utilities Exhibits: Fact Sheet (25K)
(ADOPTED, 6-0; A-80491)
11) 00R-285 Accepting and approving the preliminary plat of
South Street Business Park with waivers of the
required curb and gutter along South Street and
Folsom Street, detention requirements, and
sidewalks, on property generally located at S.W. 6th
and South Streets.
Planning Department Exhibits: Fact Sheet (39K)
(ADOPTED, 5-1; COOK DISSENTING; A-80492)
12) 00R-286 Waiving the requirement of the Design Standards for
the surfacing of a parking lot located at S.W. 16th
Street and West Burnham Street.
Planning Department Exhibits: Fact Sheet (13K)
(ADOPTED, 6-0; A-80493)
13) 00R-287 Approving an amendment to the North 27th Street
Redevelopment Plan to specify project elements for
an area on the west side of North 27th Street
between "X: Street and "Y" Street.
Planning Department Exhibits: Fact Sheet (18K)
(ADOPTED, 6-0; A-80494)
14) 00R-288 Approving the official intent of the City, pursuant
to IRS Code, to reimburse the costs of constructing
public improvements related to the Que Place
Extension project and the City Q,O,P,R/North
Haymarket Redevelopment project area by issuing its
tax allocation refunding bonds.
(ADOPTED, 6-0; A-80495)
15) 00R-289 Accepting the report of new and pending tort claims
against the City and approving disposition of claims
set forth therein for the period of September 16 - 30, 2000.
Planning Department Exhibits: Fact Sheet (50K)
(ADOPTED, 6-0; A-80496).
16) Application of Parish of the North American Martyrs
to conduct a raffle within the City of Lincoln from
October 14, 2000 through November 18, 2000.
(ADOPTED, 6-0; A-80497)
17) Application of American Heart Association to conduct
a raffle in the City of Lincoln from October 23 to
November 18, 2000. (ADOPTED, 6-0; A-80498)
RESOLUTION - ACTION ONLY - HAD PUBLIC HEARING
18) 00R-265 Accepting the report of regarding Emily D. Copper's
Tort Claim against the City & approving disposition
of claim set forth. (10/2/00 - Action delayed on
this claim; all other claims disposed of.)
(ADOPTED FOR DENIAL, 6-0; A-80499)
PETITIONS & COMMUNICATIONS
19) Report of UNL Microbiologist for water testing for
the month of Sept. , 2000. (PLACED ON FILE)
20) App. of Pius X High School Booster Club - B.O.L.T.,
6000 A Street, to conduct a raffle within the City.
(APPROVED HEARING DATE OF MON., OCT. 23, 2000 AT
1:30 P.M., 6-0)
21) MISCELLANEOUS REFERRALS
Report of City Treasurer of Telecomm. Occ. tax due
for the month of April & May, 2000: Trans Nat'l.
Comm.; Aug., 2000: IBM Global; Sept., 2000: ATS
Mobile, One Call Comm., Operator Comm. (PLACED ON FILE)
The following were referred to the Planning Dept.:
Change of Zone 3204 - App. of Director of Planning
for a change from R-3 to P at 83rd &
Leighton remaining portion of Outlot A, Northern
Change of Zone 3253 - App. of Stockwell Properties,
LLC for a change from B-1 & R-3 to B-2 on property
at Coddington & West Van Dorn.
Change of Zone 3279 - App. of Carl R.& Vicki
Schmidt from AG to AGR on property at 70th
Change of Zone 3287 - App. of Lincoln Land and
Mortgage from R-3 to R-1 on property at
73rd & Thomasbrook Lane.
Change of Zone 3288 - App. of Brian Carstens for
text amendment L.M.C. Sec. 27.63.590 - Special
Use Permit No. 133 - App. of Stockwell Properties
L.L.C. To approve a Generic Use Permit for
property at Coddington & West Van Dorn.
Special Permit No. 168A - App. of McMaster
Enterprise Inc. for an addendum to Special Permit
No. 168 to continue the width of present parking at
1216 H St to resurface, strip & landscape at
13th & H St.
Special Permit No. 1868 - App. of Carl R & Vicki A.
Schmidt for a Community Unit Plan at 70th
Special Permit No. 1870 - App. of Gerry & Dianne
Krieser to develop a Community Unit Plan in the AG
District. at 129th & Holdrege.
Special Permit No. 1882 - App. of Dennis Boyer &
Maureen Stender to build & operate a gymnastics
school at 7300 South 40th St.
Special Permit No. 1884 - App. of David L. & Doreen
K. Miller to construct a 120' communication
monopole at 1537 S. 17th St.
Formal petition for Alley Paving Dist. No. 358 at
Lot 1, Block 66, 2741 N. 50th St. signed by
Michael J. Michel. (REFERRED TO LAW DEPT.)
REPORTS OF CITY OFFICERS
22) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on Oct. 2, 2000. (PLACED ON FILE)
23) Investment of Funds. (ADOPTED, 6-0; A-80500)
ORDINANCES - 1ST READING (ITEMS 24 THRU 27 HAD 1STREADING)
24) 00-186 Change of Zone 3284 - Amending Chapter 27.58 of the
Lincoln Municipal Code to delete all references to
the "Airport Environs Noise District 2" by amending
Sections 27.58.010, 27.58.020, 27.58.030, 27.58.050,
27.58.060, 27.58.080, and 27.58.100 to allow certain
properties between Ldn 65 and Ldn 70 to be used for
25) 00-187 Change of Zone 3271 - Amending Chapter 27.67 of the
Lincoln Municipal Code by adding Section 27.67.085
to expand the regulation of the parking of
unregistered, wrecked, non-operating, junked or
partially dismantled vehicles to the three-mile
jurisdiction of the City.
26) 00-188 Renaming Box Canyon Drive and Box Canyon Circle as
"Wilderness Woods Place" generally located at
Wilderness Ridge Drive and Yankee Hill Road.
27) 00-189 Renaming Big Sky Circle as "Stone Creek Loop North"
and Moon Light Circle as "Stone Creek Loop South"
generally located at Wilderness Ridge Drive and
Yankee Hill Road.
ORDINANCES - 3RD READING
28) 00-174 Amending the pay schedules for a certain employee
group by deleting the classification of Laboratory
Chemist - WPC. (PASSED, 6-0; #17742)
29) 00-175 Amending the pay schedules for a certain employee
group by deleting the classification of Budget &
Administrative Analyst I. (PASSED, 6-0; #17743)
30 ) 00-176 Amending the pay schedules for certain employee
groups by creating the class-ification of Grants
Administrator & the classification of Affirmative
Action Officer; by changing the classification of
Budget & Administrative Analyst II to Budget &
Administrative Analyst; & by deleting the job
classification of Mana-ger, Lincoln Area Agency on
Aging. (PASSED, 6-0; #17744)
31) 00-177 Vacating a portion of N. 60th St. from Seward Ave.
south 142 feet. (PLACED ON PENDING, 6-0)
Planning Department Exhibits: Fact Sheet (16K)
32) 00-178 Vacating a portion of N. Coddington Avenue generally
located south of W. S St. (PASSED, 6-0; #17745)
Planning Department Exhibits: Fact Sheet (15K)
33) 00-179 Change of Zone 3275 - Amending Sections 27.24.040(j)
& 27.63.340 of the LMC to allow other than
professional offices as permitted special uses in
the R-8 Residential Zoning Dist. (PASSED, 6-0; #17746)
Planning Department Exhibits: Fact Sheet (25K)
34) 00-180 Change of Zone 3281 - Amending chapter 27.54 of the
LMC to delete Section 27.54.030 which requires a
minimum of one acres for P Zoning. (PASSED, 6-0; #17747)
Planning Department Exhibits: Fact Sheet (15K)
RESOLUTIONS - RECONSIDERED
34a) 00-173 Ordinance No. 1740 - Change of Zone 3269 - App. of
Krein Real Estate, Inc. for a change from R-1
Residential & R-2 Residential to R-T Residential
Transition, & from R-1 Residential to H-4 General
Commercial, on property generally located on the
west side of the intersection of S. 56th St.
& Waltz Rd., 1/4 mile south of Old Cheney Rd. (In
connection 2/00R-271, 00R-272) (RECONSIDERED, 6-
0; ACTION DELAYED TWO WEEKS TO 10/30/00, 6-0)
Planning Department Exhibits: Fact Sheet (56K)
34b) 00R-271 Resolution No. A-80486 - Use Permit 131 - App. of
Krein Real Estate, Inc. to construct seven 5,000 sq.
ft., one-story, office/medical buildings &
associated parking, with requests to reduce the
private roadway width of Waltz Rd. & to waive
sidewalks along one side of the private roadways, on
property generally located at S. 56th St.,
1/4 mile south of Old Cheney Rd. (In connection
2/00R-272, 00-173) (RECONSIDERED, 6-0; ACTION
DELAYED TWO WEEKS TO 10/30/00, 6-0)
Planning Department Exhibits: Fact Sheet (52K)
34c) 00R-272 Resolution No. A-80487 - Special Permit 1855 - App.
of Krein Real Estate, Inc. to develop 44,000 sq.
ft. of retail/commercial floor area, a reduction of
the front yard, a reduction of the private roadway
width of Waltz Rd., & a waiver of sidewalks along
one side of the private roadways, on property
generally located at S. 56th St., 1/4 mile
south of Old Cheney Rd. (In connection w/00R-271,
00-173) (RECONSIDERED, 6-0; ACTION DELAYED TWO
WEEKS TO 10/30/00, 6-0)
Planning Department Exhibits: Fact Sheet (55K)
PENDING LIST (EXTEND ONE WEEK; SEE ITEMS 45 & 47)
35) 95-128 Change of Zone 2912 - App. of Don Fauth for a change
from AG to AGR on property generally located 1/2
mi. west of Coddington at SW 27th St. & Old Cheney
Rd. (10/14/96 - Placed on Pending)
36) 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)
37) 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)
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) 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
40) 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)
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) 00-65 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)
43) 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)
44) 00-72 Change of Zone 3245 - App. of Manette Kidney
for a change from AG 3gricultural to O-2
Suburban Office on property generally located
at S. 84th St. & Old Cheney Rd. (4/24/00 -
Reconsidered & Placed on Pending)
45) 00-100 Amending Title 5 of the LMC by adding a new Chapter
5.17 pertaining to telecommunications providers
using the City's rights-of-way to establish
definitions, standards, & permit fees for the use of
rights-of-way; to provide for insurance, bonding, &
construction standards for telecommunications
facilities located in rights-of-way; to establish
procedures for reviews of decisions regarding
telecommunications facilities; & to provide for
enforcement of this ordinance. (6/12/00 - Placed
on Pending) (REMOVED FROM PENDING FOR ACTION ON
46) 00R-182 RE: Special Permit 1165A - To show cause why said
Special Permit should not be revoked for failure to
comply with the conditions of the Special Permit
(1301 "H"). (7/17/00 - Placed on Pending)
47) 00R-217 Accepting the report of Dawn McFarland Tort Claim
against the City & approving disposition of claim
set forth. (All other disposition of Claims for the
period of July 16 through July 31, 2000 were adopted
on 8/14/00) (8/21/00 - Action delayed Indefinitely -
Placed on Pending) (REMOVED FROM PENDING, 6-0.
DENIAL APPROVED AS PART OF BILL # 00R-289)
48) 00-154 Vacating the north-south alley north of "N" St.
between 13th & 14th Sts. (9/11/00 - Placed on
49) 00-159 Change of Zone 3206 - App. of Realty Trust Group for
a change from AGR Agricultural Residential to B-1
Local Business Dist. on property generally located
at S. 70th St. & Pine Lake Rd. (9/18/00 - Placed on
50) 00-169 Vacating the north/south alley from Seward Ave.
north to the east/west alley in Block 95, Havelock
Add., generally located between N. 62nd & N. 63rd
Sts. (9/25/00 - Placed on Pending)
51) 00R-269 Amending the "Design Standards for Land Subdivision
Regulations", the "Design Standards for Zoning
Regulations", & the "Miscellaneous Design Standards"
& to combine the Design Standards into a single
document entitled "The City of Lincoln Design
Standards." (10/2/00 - Public Hearing & Action
delayed to 10/9/00) (Motion to Amend) (10/9/00 -
Placed on Pending)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, OCTOBER 23, 2000:
52) No items requested.
ANY PERSON DESIRING TO HAVE THEIR NAME & SUBJECT MATTER LISTED ON THE
FORMAL AGENDA PERTAINING TO MATTERS NOT ON THE CURRENT AGENDA, OR
NOT SCHEDULED TO APPEAR ON A FUTURE AGENDA, SHOULD NOTIFY THE CITY
CLERK BY 10:00 A.M. THE WEDNESDAY (10/18/00) PRIOR TO THE NEXT
FORMAL CITY COUNCIL MEETING (10/23/00).
ADJOURNMENT 2:40 P.M.
2000 Agenda History
Current Agenda History