Online Services Government Employment Education Business Tourism Need Help
City Council Heading City Letter Head
    ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
              MONDAY, APRIL 16, 2001 AT 1:30 P.M.

                ALL MEMBERS PRESENT

PUBLIC HEARING - LIQUOR RESOLUTIONS  

1)   Exhibit  Application of Twisted Steele, Inc. dba "Lazzaris"
              for a Class "C" liquor license at 1434 "O" Street
              and 1430 "O" Street. (ADOPTED FOR APPROVAL, 
              7-0; A-80780)

2)   same as  Manager application of Matthew Vrzal for Twisted
       #1     Steele, Inc. dba "Lazzaris" at 1434 O Street and
              1430 O Street. (ADOPTED FOR APPROVAL, 7-0; A-80781)

3)   Exhibit  Manager application of Matthew J. Kempston for B&R
              Stores, Inc. dba "Super Saver #17" at 2525 Pine Lake
              Road.   (ADOPTED FOR APPROVAL, 7-0; A-80782)

4)   Exhibit  Manager application of Ronald Sommers for B&R
              Stores, Inc. dba "Super Saver III" at 5440 S. 56th
              Street. (ADOPTED FOR APPROVAL, 7-0; A-80783)

5)   Exhibit  Application of Lincoln P Street Catering Co. dba
              "Embassy Suites Hotel" for a special designated
              license for an area in the back deck area of Embassy
              Suites Hotel at 1040 P Street on May 4, 11, and 18,
              2001, from 3:00 p.m. to 8:00 p.m. (ADOPTED FOR
              APPROVAL, 7-0; A-80784)

PUBLIC HEARING ORDINANCES - 
  2ND READING (ITEMS 6, 9 & 10 HAD PUBLIC HEARING; SEE ITEMS 7 & 8)

6)   01-57    Declaring portions of the Highlands South Park
              as surplus property, generally located at N.W.
              Fairway Drive and W. Harvest Drive. Fact Sheet (1.4M)

7)   01-60    Amending the corporate limits of the City by
              annexing approximately 135.27 acres of property
              generally located at N.W. 48th Street and West
              Adams Street. (In connection w/01-61, 01R-77,
              01R-78, 01R-79, 01R-82) (RULES SUSPENDED
              TO HAVE 2ND & 3RD READINGS, 7-0; PASSED, 7-0;
              #17820)  Fact Sheet (753K)

8)   01-61    Change of Zone 3248 - Application of M & S
              Construction for a change of zone from I-2
              Industrial to H-4 General Commercial, B-2
              Planned Neighborhood Business and R-3
              Residential on property generally located at
              N.W. 48th Street and West Adams Street.(In
              connection w/01-60, 01R-77, 01R-78, 01R-79,
              01R-82) (RULES SUSPENDED TO HAVE 2ND &
              3RD READINGS, 7-0; PASSED, 7-0; #17835)
	      Fact Sheet (1.1M)

9)   01-62    Amending the corporate limits of the City by
              annexing approximately 110 acres of property
              generally located at Fletcher Avenue and
              Telluride Drive.(In connection w/01-63, 01R-80,
              01R-81)  Fact Sheet (704K)

10)  01-63    Change of Zone 3260 - Application of North
              Creek L.L.C. for a change of zone from AG
              Agricultural to R-3 Residential, H-3 Highway
              Commercial, and H-4 General Commercial, and
              from R-3 Residential to H-4 General Commercial
              and H-3 Highway Commercial on property
              generally located at Fletcher Avenue and
              Telluride Drive. (In connection w/01-62, 01R-80, 
              01R-81) Fact Sheet (1.7M) 

PUBLIC HEARING - RESOLUTIONS

11)  01R-76   Approving a waiver of design standards for
              construction of two driveways along frontage of
              commercial business located at 2001 South 1st
              Street. (MOTION TO DELAY FOR ONE WEEK 4/23/01;
              7-0) Fact Sheet (27K)

12)  01R-77   Comp. Plan Amendment 94-52 - Amending Figure 16,
              Lincoln's Land Use Plan, of the Lincoln-Lancaster
              County Comprehensive Plan, to change property
              generally located at N.W. 48th Street and West Adams
              Street from Industrial to Commercial and
              Residential. (In connection w/01-60, 01-61, 01R-78,
              01R-79, 01R-82) (ADOPTED, 7-0; A-80785)
              Fact Sheet (391K)

13)  01R-78   Special Permit 1833 - Application of M & S
              Construction to develop Ashley Heights Community for
              295 dwelling units on property generally located at
              N.W. 48th Street and West Adams Street. (In connection 
              w/01-60, 01-61, 01R-77, 01R-79, 01R-82)(ADOPTED, 7-0;
              A-80786)  Fact Sheet (1.6M)

14)  01R-79   Accepting and approving the preliminary plat of
              Ashley Heights with waivers to the required block
              length, pedestrian way easement, submitting a use
              permit at the time of the preliminary plat, lot
              depth to width ratio, access to public or private
              street, and roadway approaches to exceed 2%, on
              property generally located at N.W. 48th Street and
              W. Adams Street. (In connection w/w/01-60, 01-61,
              01R-78, 01R-82) (ADOPTED, 7-0; A-80787)
              Fact Sheet (1.6M)

15)  01R-82   Approving the Ashley Heights Conditional Annexation
              and Zoning Agreement between the City and Lincoln M
              & S Construction and Allan D. and Beth A Schulz
              outlining certain conditions and understandings with
              regard to the annexation of property generally
              located at N.W. 48th Street and West Adams Street.
              (In connection w/w/01-60, 01-61, 01R-77, 01R-78,
              01R-79) (ADOPTED, 7-0; A-80788)
	      Fact Sheet (4K)

16)  01R-80   Accepting and approving the preliminary plat of
              North Creek Trade Center with waivers to the
              required block lengths, sidewalks, street names, and
              width of private roadways, on property generally
              located at Fletcher Avenue and Telluride Drive. (In
              connection w 01R-81, 01-62, 01-63) (MOTION TO
              DELAY FOR ONE WEEK 4/23/01; 7-0)
	      Fact Sheet (2.6M)

17)  01R-81   Approving the North Creek Trade Center Conditional
	      Annexation and Zoning Agreement between the City and
              Lincoln North Creek, L.L.C. outlining certain
              conditions and understandings with regard to the
              annexation of property generally located at Fletcher
              Avenue and Telluride Drive. (In connection w/01R-80,
              01-62, 01-63) (MOTION TO DELAY FOR ONE WEEK 4/23/01; 7-0)

18)  01R-83   Accepting the report of new and pending claims
	      against the city and approving disposition of claims
              set forth therein for the period of March 16 - 31, 2001.  
              (MOTION TO DELAY FOR ONE WEEK 4/23/01; 7-0)
	      Fact Sheet (25K)

PUBLIC HEARING 
ORDINANCES - 3RD READING

19)  01-47    Amending Chapter 6.04 of the Lincoln Municipal
	      Code relating to Animal Control Regulations
              Generally to amend definitions; to increase
              impoundment fees; to make it unlawful to own
              animal hybrids; to provide restrictions
              relating to activities of pet shops; amending
              cruelty to animals to provide a separate
              section relating to animal neglect; to provide
              exceptions to violations; amending provisions
              regarding selling or giving away animals; and
              to provide additional penalties for violations.
              (4/9/01 - Action delayed w/Public Hearing for 1
              week to 4/16/01) (MOVED TO ACCEPT THE SUBSTITUTE 
              ORDINANCE, 7-0; #17832)  Fact Sheet (14K)

20)  01-42    Amending Chapter 6.04 of the Lincoln Municipal
	      Code relating to Animal Control Regulations
              Generally to allow the Director of the Health
              Department to impound unusual animals; to
              provide permit provisions for animal exhibits
              or rides; to make it unlawful to provide for
              unusual carnivorous mammals to be restrained by
              the public for entertainment purposes; and to
              provide an appeal process for denied, non-
              renewed and revoked animal exhibit or ride
              permits. (4/9/01 - Action delayed w/Public
              Hearing for 1 week to 4/16/01) (THIS ORDINANCE
              WAS BLENDED IN WITH 01-47;  MOVED TO ACCEPT THE SUB-
              STITUTE ORDINANCE, 7-0 )
   	      Fact Sheet (14K)

21)  01-43    Amending Chapter 6.12 of the Lincoln Municipal
              Code relating to Cats to add a definition for
              "cat hobby kennel" and amending the definition
              of "kennel; to provide the word "Lincoln" be
              engraved on all cat tags; to provide that all
              money received by the Director under Chapter
              6.12 shall be credited to the Animal Control
              Fund; to make it unlawful for cats that are not
              spayed or neutered to run at large; to repeal
              the current provisions relating to cats running
              at large while in heat; to delete references to
              sections being repealed; to make it unlawful to
              maintain a cat kennel; to provide exceptions to
              having a cat kennel; to create a permit process
              to obtain a cat hobby kennel; to provide restrictions
              relating to a cat hobby kennel; to repeal the current
              provisions relating to hobby kennel or cattery permits; 
              and to increase the minimum fine for first offense
              violations of Chapter 6.12 from $25 to $35. (4/9/01
              - Action delayed w/Public Hearing for 1 week to
              4/16/01) (MOVED TO ACCEPT THE SUBSTITUTE ORDINANCE,
              7-0; #17833)  Fact Sheet (15K)

22)  01-44    Amending Chapter 6.08 of the Lincoln Municipal Code relating
              to Dogs to add a definition for "dog hobby kennel" and to
              amend the definition of "kennel"; to provide the word 
              "Lincoln" be die-stamped on dog tags; to provide that owners
              of dogs shall dispose of waste material accumulating from
              their dogs at least once every five days; to include dog
              hobby kennel permit holders as exceptions to dog kennel
              prohibition; to create an exception to having a dog kennel
              for persons on land that is annexed by the City; to require
              permits for dog hobby kennels; to provide restrictions
              relating to dog hobby kennels; to provide that money received
              pursuant to Chapter 6.08 shall be credited to the Animal
              Control fund; and to increase the minimum fine for first
              offense violations of Chapter 6.08 from $25.00 to $35.00.
              (4/9/01 - Action delayed w/ Public Hearing for 1 week to 
	      4/16/01) (MOVED TO ACCEPT THE SUBSTITUTE ORDINANCE,
	      7-0; #17834) Fact Sheet (15K)

PETITIONS & COMMUNICATIONS

23)           Petition to Vacate Public Way All that portion of
              Cotner Blvd. lying south of Antelope Creek Road by
              Darrell & Charlotte McCave. (REFERRED TO LAW)

24)           Petition to Vacate Public Way All that portion of
              Cotner Blvd. lying south of Antelope Creek Road by
              Robert Watton. (REFERRED TO LAW)    
               
25)           Setting Hearing Date of May 7, 2001 at 1:30 p.m. on
              the application of Twisted Steele, dba The Bar for
              an outdoor addition to their current premise at 1644
              "P" Street. (Class C License) (ADOPTED, 7-0; A-80791)

26)           Setting Hearing Date of May 7, 2001 at 1:30 p.m. on
              the application of BDLS, Inc. dba J. Finnegan's at
              201 N. 8th St. for a Class "C" Liquor license.
              (ADOPTED, 7-0; A-80792)

27)   MISCELLANEOUS REFERRALS

              Setting hearing date of Monday, May 7, 2001 at 1:30
              p.m. on the Man. App. of Gene R. Birkett for La Societe 
              Des 40 Hommes, dba American Legion 3 Club, at 5630 "P" 
              Street. Setting hearing date of Monday, May 7, 2001 at
              1:30 p.m. on the Man. App. of Gene R. Birkett for La 
              Societe Des 40 Hommes,  dba American Legion 3 Club, at
              5630 "P" Street. (ADOPTED, 7-0; A-80793)

              2000 Annual Report of Lincoln Fire & Rescue.
	      (PLACED ON FILE - #3)
  
              Formal Paving Petition for Alley Paving District 359, 
              submitted by Byron and Jane Yurth. (REFERRED TO LAW)

REPORTS OF CITY OFFICERS

28)           Clerk's Letter & Mayor's Approval of Ordinances &
              Resolutions passed on April 2, 2001. (PLACED ON FILE)

29)           Investment of Funds. (ADOPTED, 7-0; A-80789) 

30)           Report of UNL Microbiologist for water testing for
              the month of March, 2001. (PLACED ON FILE - 35-01)
               
ORDINANCES - 1ST READING  (ITEMS 31 THRU 34 HAD 1ST READING)

31)  01-64    Amending Section 8.32.150 of the Lincoln Municipal Code to
              increase the annual occupation tax for refuse vehicles with
              or without pack units used to haul and collect refuse from
              $50 to $100.   Fact Sheet (38K)

32)  01-65    Amending Country Meadows final plat to reduce the building
              setback from 50 feet to 20 feet on lots abutting Outlot F 
              on property generally located at South 66th Street and Pine
              Lake Road.  Fact Sheet (907K)

33)  01-66    Change of Zone 3315 - Application of Phil and Mary Durst for
              a change of zone from R-4 Residential to I-1 Industrial on
              property generally located at South 1st and L Streets.
	      Fact Sheet (997K), Auction Site Photos (13M)
	      Auction Site Photos (13M), LMC 27.60 & Signatures (2.2M)
	      Auction Site Photos (1.4M)

34)  01-67    Change of Zone 3316 - Application of Lancaster County Board
              of Commissioners for a change of zone from O-3 Office Park
              to P Public Use on property generally located at 601 North
              46th Street north of R Street.  Fact Sheet (908K)

ORDINANCES - 3RD READING

35)   01-58   Change of Zone 3258 - Application of Aspen Builders, Inc.
              for a Change of Zone from AGR Agricultural Residential to
              R-3 Residential on property generally located at S.W. 27th
              Street and West A Street. (In connection w/01-59 & 01R-73)
              Fact Sheet (632K)
	       (PASSED, 7-0; #17821)

36)  01-59    Change of Zone 3303 - Application of Aspen Builders, Inc.
              for a Change of Zone from AGR Agricultural Residential to
              R-3 Residential on property generally located at S.W. 27th
              Street and West "A" Street. (In connection w/01-58 & 01R-73)
	       Fact Sheet (581K) (PASSED, 7-0; #17822)

37)  01R-73   Accepting and approving the preliminary plat of Aspen Ridge
              and waiving block length, minimum lot depth, and pedestrian
              way easement, on property generally located at S.W. 27th 
              Street and West A Street. (In connection w/01-58, 01-59)
	       Fact Sheet (1M) (ADOPTED, 
                    7-0; A-80790)

38)  01-14    Declaring approx. 2.04 acres of property generally located
              on the north side of Pioneers Blvd., west of Ridgeview Drive,
              as surplus & authorizing the sale thereof. (2/26/01 - Placed
              on Pending) (In connection  w/01-55) ( 4/2/01 - Remove from
              Pending w/Public Hearing on 4/9/01)
	      Fact Sheet (476K) (PASSED, 7-0; #17823)

39)  01-55    Change of Zone 3311 - Application of the Director of the
              Parks & Recreation Department for a change from P Public
              Use District to O-3 Office Park District on property 
              generally located 450 feet west of Ridgeview Drive, on
              the north side of Pioneers Blvd. (In connection w/01-14)
	       Fact Sheet (476K) (PASSED, 7-0; #17824)
 
40)  01-48    Approving a contract between the City and the Lincoln 
              Haymarket Development Corp. to operate and regulate a 
              Saturday public market in the Haymarket area from May 5,
              2001, through October 27, 2001.
	      Fact Sheet (30K),  Attachment (327K)
	      (PASSED, 7-0; #17825)

41)  01-49    Approving a contract between the City and the Downtown 
              Lincoln Association to operate and regulate a mid-week
              public market in the Marketplace area at 12th Street from
              Q to R Street and R Street from 12th to 13th Streets
              from May 15, 2001, through July 31, 2001.
              Fact Sheet (30K) Attachment (473K)
              (PASSED, 7-0; #17826)

42)  01-50    Authorizing the issuance of not to exceed $1,600,000 of the
      not     City's Q, O, P, R/North Haymarket Redevelopment Project Tax
   available  Allocation and Refunding Bonds. (PASSED, 7-0; #17827)

43)  01-51    Amending Section 9.44.040 of the Lincoln Municipal Code
              relating to fireworks to provide for the assessment of a
              late fee on all applications for a license as a fireworks
              retailer postmarked or received by the Chief of the Bureau
              of Fire Prevention after June 23, to increase the license
              fee to $75.00, to amend the provision regarding issuance of
              a license, and repealing Section 9.44.085 relating to the
              sale and use of fireworks from December 30, 1999 to January
              1, 2000.  Fact Sheet (16K) (PASSED, 7-0; #17828)

44)  01-52    Change of Zone 3134B - Application of Christian Retirement
              Homes, Inc. d/b/a Eastmont Towers, to add and operate a six
              bed health care facility in the Willow Springs Final Planned
              Unit Development on property generally located at South 78th
              Street and Pioneers Blvd.  Fact Sheet (1.4M)
	      (PASSED, 7-0; #17829)

45)  01-53    Change of Zone 3307 - Amending Section 27.69.044 of the
              Lincoln Municipal Code relating to permitted signs in the
              O-1, O-2, and O-3 zoning districts to adjust the permitted
              sign regulations in the O-3 Office Park District to better
              reflect a transitional district.  Fact Sheet (360K) 
	      (ACTION DELAYED FOR ONE WEEK 4/23/01; 7-0)

46)  01-54    Change of Zone 3310 - Designating the Haymarket Park Sign
              District as an overlay special sign district for the Lincoln
              Baseball Stadium on property generally located at North 6th
              Street and Charleston Street, between I-180 and Sun 
              Valley Boulevard.  Fact Sheet (107K)
              (PASSED, 7-0; #17830)

47)  01-56    Vacating a portion of the South 16th Street right-of-way,
              a portion of the South 19th Street right-of-way and 
              Southpark Road. Fact Sheet (1.2M)
	      (PASSED, 7-0; #17831)

48)  01-39    Vacating the south 40' of X St. adjacent to Lot 1, Block 6,
              North Lincoln Add., generally located  at N. 9th & X Sts.
              (Action delayed for  two weeks to 4/16/01)
              Fact Sheet (1.1M)
	      (MOTION TO AMEND FAILED; 4-3; 
	      MOTION TO DELAY FOR 3 MONTHS 7/16/01; 5-2)

Pending List

InterLinc Home Page

History