City Council
Agenda
ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 11, 2000 AT 1:30 P.M.
NOTE: CITY COUNCIL MEETING OF SEPT. 25, 2000 WILL BEGIN AT 5:30P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit App. of RT Omaha Franchise LLC dba Ruby Tuesday for
629K a Retail Class I Liquor License at 5508 S. 56th St.
(ADOPTED FOR APPROVAL, 7-0; A-80380)
2) Exhibit Man. App. of Douglas Bryon Daize for RT Omaha
same as #1 Franchise LLC dba Ruby Tuesday for a Retail Class I
Liquor License at 5508 S. 56th St.
FOR APPROVAL, 7-0; A-80381)
3) Exhibit App. of Holiday Inn Downtown for a Special
332K Designated License (SDL) to cover an area measuring
145' by 300' at Ameritas Investment Corp., 5900 "O"
St., on Sept. 30, 2000 from 8:00 a.m. to 5:00 p.m.
(ACTION DELAYED ONE WEEK TO 9/18/00, 5-2;
SHOECRAFT & FORTENBERRY DISSENTING)
4) Exhibit App. of Irie Inc. dba Doc's Place for a SDL to cover
867K an area measuring 96' by 24' at 201 N. 8th St. on
Sept. 23, 2000 from 8:00 a.m. to 1:00 a.m.
(ADOPTED FOR APPROVAL, 7-0; A-80382)
5) Exhibit App. of Irie Inc. dba Doc's Place for a SDL to cover
same as #4 an area measuring 96' by 24' at 201 N. 8th St. on
Sept. 30, 2000 from 8:00 a.m. to 1:00 a.m.
(ADOPTED FOR APPROVAL, 7-0; A-80383)
6) Exhibit App. of Cornhusker Square Land Co. dba Cornhusker
742K Hotel for a SDL covering an area at the Governor's
Mansion at 1425 H St. on Sept. 23, 2000 from 8:00
a.m. to 1:00 a.m. (ADOPTED FOR APPROVAL, 7-0; A-80384)
7) Exhibit App. of Tepantla, Inc. dba Mazatlan Mexican
817K Restaurant for a Retail Class I Liquor License at
211 N. 70th St. (ADOPTED FOR APPROVAL, 7-0;
A-80385)
8) Exhibit Man. App. of Abrahm Morales for Tepantla Inc. dba
same as #7 Mazatlan Mexican Restaurant at 211 N. 70th St.
(ADOPTED FOR APPROVAL, 7-0; A-80386)
9) Exhibit App. of Tamy Inc. dba Tam O'Shanter for an addition
1,242K to their Class C Liquor License of an area measuring
20' by 42' to the south at105 S. 25th St. (ADOPTED FOR
APPROVAL, 7-0; A-80387)
10) Exhibit App. of Lambert Investments LLC dba Inn at Lincoln
969K for a Class I Liquor License at 5250 Cornhusker Hwy.
(ADOPTED FOR APPROVAL, 7-0; A-80388)
11) Exhibit Man. App. Albert Lambert for Lambert Investments LLC
same as #10 dba Inn at Lincoln at 5250 Cornhusker Hwy.
(ADOPTED FOR APPROVAL, 7-0; A-80389)
12) Exhibit App. of Sand Corp. dba The Watering Hole for a
126K Liquor Catering License at 1321 "O" St.
(ADOPTED FOR APPROVAL, 7-0; A-80390)
13) Exhibit App. of Famous Dave's for a Special Designated
209K Liquor License to cover an outside 60' circular area
at 2750 Pine Lake Rd. on September 30, 2000 from
8:00 a.m. to 10:00 p.m. (ADOPTED FOR APPROVAL,
7-0; A-80391)
PUBLIC HEARING ORDINANCES
2ND READING (ITEMS 14 THRU 17 HAD 2ND READING)
14) 00-158 Change of Zone 3268 - App. of Garner Industries for
a change from I-2 Industrial Park to I-2 Industrial
Park Planned Unit Development on property generally
located at N. 98th St. & Cornhusker Hwy.
Planning Dept. Exhibits: Fact Sheet
(CONT. PUBLIC HEARING W/ACTION 1 WEEK TO 9/18/00, 7-0)
15) 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.
Planning Dept. Exhibits: Fact Sheet
16) 00-160 Change of Zone 3207 - App. of Realty Trust Group for
a change from AG Agricultural to B-2 Planned
Neighborhood Business Dist. on property generally
located at S. 84th St. & Old Cheney Rd.
Planning Dept. Exhibits: Fact Sheet
17) 00-162 Approving an extension of the cable television
franchise between the City & AOL/Time Warner, Inc.
for 60 days beyond the franchise expiration of Sept.
15, 2000. (To have 2nd & 3rd
Reading 9/11/00.) (SEE ITEM 42 3RD READING FOR ACTION)
PUBLIC HEARING - RESOLUTIONS
18) 00R-232 Special Permit 1846 - App. of U.S. West Wireless
L.L.C. to construct a 78' wireless
telecommunications tower on property generally
located at 9th & "W" Sts. & waiving the landscaping
& fall zone requirements. (AMENDMENT, 5-2; COOK &
JOHNSON DISSENTING; ADOPTED, 6-1; MCROY DISSENTING;
A-80392)
19) 00R-238 Approving an Agrmt. between the City, Emergency
Medical Services Inc., St. Elizabeth Community
Health Center & Bryan-LGH Medical Center to provide
medical oversight for ambulance service for a period
of 4 yrs. (ACTION DELAYED FOR ONE WEEK TO
9/18/00, 7-0)
20) 00R-239 Approving the 2000-2001 Work Plan to the Interlocal
Agrmt. on Stormwater Management between the City &
the Lower Platte South Natural Resources Dist.
Planning Dept. Exhibits: Fact Sheet
(ADOPTED, 7-0; A-80393)
21) 00R-240 Reappointing Jim Arter, Jerry Barnes, Jon Camp, Ken
Hake, Maurice Lange, Mary Jane Steward, Marcia
White, & Bob Campbell to the Downtown Business Area
Improvement Board for 3-yr. terms expiring Sept. 1,
2003. (ADOPTED, 7-0; A-80394)
22) App. of the Blessed Sacrament Church to conduct a
lottery within the City of Lincoln from Sept.5,,
2000 through Oct. 22, 2000. (ADOPTED, 7-0; A-80395)
23) App. of the Lincoln Hospital Assn. to conduct a
lottery within the City of Lincoln from 9/1/00 to
11/20/00;11/15/00 to 12/25/00; 1/15/01 to 5/20/01.
(ADOPTED, 7-0; A-80396)
PETITIONS & COMMUNICATIONS
24) Setting hearing date of Mon., Sept. 18, 2000 at 5:30
p.m. on the Man. App. of Janice Mitzner for Nebraska
Retail Ventures LLC dba "Ampride #106" at 4401 N
70th. (ADOPTED, 7-0; A-80397)
25) Setting hearing date of Mon., Sept. 18, 2000 at 5:30
p.m. on Man. App. of Danny L. Bolin for Whitehead
Oil Co. dba U-Stop Convenience Shop at 8231 East "O"
St. (ADOPTED, 7-0; A-80398)
26) Setting hearing date of Mon., Sept. 18, 2000 at 5:30
p.m. on Man. App. for William R. Koller of Whitehead
Oil Co. dba "U-Stop Convenience Shop" at 1421
Centerpark Rd. (ADOPTED, 7-0; A-80399)
27) Setting hearing date of Mon., Sept. 25, 2000 at 5:30
p.m. on App. of Hinky Dinky Lincoln #9, LLC dba "Sun
Mart #738" for a Class D Liquor License at 2145 S.
17th St. (ADOPTED, 7-0; A-80400)
28) Setting hearing date of Mon., Sept. 25, 2000 at 5:30
p.m. on App. of Hinky Dinky Lincoln #11 LLC dba "Sun
Mart #731" for a Class D Liquor License at 2600 S
48th St. (ADOPTED, 7-0; A-80401)
29) MISCELLANEOUS REFERRALS
THE FOLLOWING APPLICATIONS WERE REFERRED TO THE PLANNING DEPT.:
Change of Zone 3263 - App. of Pioneer Woods LLC, Don Linscott
from B-1 to B-2 & R-3 to O-3 at NE corner of 70th
& Pioneers Blvd.
Change of Zone 3283 - App. of Tabitha Housing Corp. for a text
change to Lincoln Municipal Code Secs. 27.11.040;
27.13.040; 27.15.040; 27.17.040 & 27.019.040 to add adult
care facilities & Chapter 27.63.030 to provide special
limits for adult care facilities in R-1, R-2, R-3, R-4, &
R-5 zoning districts.
Use Permit No. 130 - App. of Pioneer Woods, LLC for 160,000
sq. st. of commercial/retail restaurant & 160,000 square
feet of office space at corner of 70th & Pioneers Blvd.
Special Permit No. 1826 - App. of August J. Piazza to allow a
domiciliary care facility & housing for the elderly located
at 4444 S. 56th Street.
Special Permit No. 1871 - App. of Nebraska Assn. of County
Officials for office space at NW corner of 14th & G St in
conjunction w/Change of Zone #3259 & Text Change App. #3275.
Special Permit No. 1872 - App. of Jay Miller for a secondary
structure for domestic employee at 10050 Yankee Hill Rd.
Special Permit No. 1874 - App. of Duane Hartman Investments to
increase height of cellular tower & co-locate at 615 W
Prospector Court.
Special Permit No. 1851A - App. of Tabitha Housing Corp. for
an adult daycare facility at 22 S. 48th St.
Approving the distribution of funds representing interest
earned on short-term investments of Idle Funds during the
month ended July, 2000. (ADOPTED. 7-0; A-80402)
Motion (Resolution) to place Initiative Charter Amendment
relating to ambulance provider on the November 7, 2000.
Public Hearing & Action to be held 9/18/00.(APPROVED, 7-0)
REPORTS OF CITY OFFICERS
30) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on Aug. 21, 2000 & Aug. 28,
2000. (PLACED ON FILE)
31) Investment of Funds. (For week ending 8/25/00)
(ADOPTED, 7-0; A-80403)
31a) Investment of Funds. (For week ending 9/1/00)
(ADOPTED, 7-0; A-80404)
32) Reports from City Treasurer of Telecomm. Occ. Tax
due for the month of July, 2000 from: Coast Int'l,
Excel, MCI, McLeodUSA, Broadwing, IBM Global,
Nebraska Technology, Working Assets, Aliant Comm.,
Aliant Cellular, AT&T, Airtime SMR, Lincoln
Celtelco, Telco, Sprint Spectrum, Sprint Comm., USA
Paging, Intellicall. (PLACED ON FILE)
33) Report of Lincoln Water & Wastewater System
recapitulation of daily cash receipts for Aug.,
2000. (PLACED ON FILE)
34) Request of Public Works to set the Hearing Date of
Monday, Sept. 25, 2000 at 5:30 p.m & place on the
formal City Council Agenda the following:
00-163 To provide authority to create an
Ornamental Lighting Dist. to construct
lighting on Woods Ave. from South
33rd St. east to S. 38th St.
00-164 To provide authority to create an
Ornamental Lighting Dist. to construct
lighting on 25th St. from Van Dorn
St. to High St. (APPROVED, 7-0)
ORDINANCES - 1ST READING (ITEM 35 HAD 1ST READING)
35) 00-165 Naming the private road in the airport west of N.
Park Rd. as "W. Superior St."
Planning Dept. Exhibits: Fact Sheet
RESOLUTION - HAD PUBLIC HEARING - FOR COUNCIL ACTION
36) 00R-200 Special Permit 1841 - App. of L. W. Hoffman, on
behalf of Anderson Ford, to display automobiles for
sale in the front yard & rear yard, with a request
to waive the landscape requirements on property
generally located at 29th & Cornhusker Hwy. (8/7/00
- Adopted, A-80328; 8/14/00 - Reconsidered; Placed
on Pending, 6-0) (8/28/00 - Removed from Pending for
action 9/11/00) (ADOPTED SUB. RESO. #2, 4-3;
JOHNSON, MCROY, SENG DISSENTING; A-80405)
37) 00R-236 Accepting the report regarding Scott Tisthammer's
Tort Claim against the City & approving the
disposition of claim set forth. (All other
disposition of Claims for the period of Aug. 1-15,
2000 were adopted on 8/28/00) (LOST, 3-4;
COOK, JOHNSON, MCROY, SENG DISSENTING; #38-4344)
ORDINANCES - 3RD READING
38) 00-153 Change of Zone 3273 - App. of South Ridge Village
L.L.C. & Krueger Development Inc. for a change from
O-3 Office Park to R-3 Residential & from R-3
Residential to O-3 Office Park on property generally
located between S. 28th St. & S. 29th St. along
Porter Ridge Rd. (PASSED, 7-0; #17724)
39) 00R-233 Use Permit 100A - App. of SouthRidge Village L.L.C.
& R.C. Krueger Development Inc. to amend the
boundaries of South Ridge Village to align with the
O-3 Office Park Dist. boundary & to adjust the
location of the required landscape screen from the
office park property to the residential property to
the south, on property generally located north of
Porter Ridge Rd. between S. 28th & S. 29th St. &
east of S. 29th St.
Planning Dept. Exhibits: Fact Sheet
(ADOPTED, 7-0; A-80406)
40) 00-154 Vacating the north-south alley north of "N" St.
between 13th & 14th Sts.
Planning Dept. Exhibits: Fact Sheet
(PLACED ON PENDING, 7-0)
41) 00-157 Amending Sec. 2.62.200 of the Lincoln Municipal Code
relating to Police & Fire Pension Plan "A" to
provide members of Police & Fire Pension Plans "B" &
"C" the opportunity to participate in Police & Fire
Pension Plan "A". (PASSED, 7-0;#17725)
42) 00-162 Approving an extension of the cable television
franchise between the City & AOL/Time Warner, Inc.
for 60 days beyond the franchise expiration of
Sept. 15, 2000. (To have 2nd & 3rd
Reading 9/11/00.) (PASSED, 7-0; #17726)
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 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)
46) 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)
47) 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)
48) 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)
49) 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)
50) 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)
51) 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)
52) 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)
53) 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)
54) 00R-126 Approving & supporting the Report & Recommendations
of the Lancaster County Medical Society contained in
the document entitled "Independent Medical
Oversight for Pre-Hospital Medical Care" which
recommends an emergency & non-emergency medical
system for the City. (4/24/00 - Placed on Pending
until a Provider is picked)
55) 00-106 Creating Sewer Dist. 1174 in Old Dairy Rd. from 27th
St. west approx. 600'. (5/30/00 - Placed on
Pending)
56) 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)
57) 00-115 Amending Sec. 8.08.020 to provide an exception to
the requirement of a certificate of public
convenience & necessity for government providers of
service; amending Sec. 8.08.090 to provide enforce-
able response time verification. (7/3/00 - Placed on
Pending)
58) 00-116 Amending Sec. 2.20.010 to provide that the Fire
Chief have care & control of all equipment &
management of the emergency medical services
program; adding a new section numbered 2.20.015 to
provide that emer-gency medical services & ambulance
transport be assigned to the Fire Dept. (7/3/00 -
Placed on Pending)
59) 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)
60) 00R-199 Special Permit 1840 - App. of Angie Muhleisen, on
behalf of Union Bank, for a parking lot on property
located at 4717, 4723, & 4731 Hillside St. (7/31/00
- Held over due to lack of majority vote) (Request
from Attorney Peter Katt to delay action & re-open
Public Hearing for 8/14/00 or whenever.) (8/7/00 -
Placed on Pending Indefinitely)
61) 00-130 Amending Chapter 12.20 of the LMC relating to trees
& shrubbery by adding a new section numbered
12.20.025 to provide for the planting of street
trees on private property pursuant to an easement
agreement if there is insufficient land available
for the planting & proper growth of the street tree
or trees in the public right-of-way. (7/31/00 -
Amended) (8/7/00 - Placed on Pending until
September)
62) 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)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, SEPTEMBER 18, 2000:
63) 00R-241 Appointing Gary Hejl to the Community Forestry
Advisory Board for a 3-yr. term expiring Aug. 17,
2003.
64) 00R-242 Appointing Gerald Schleich, Jose Soto, & Marilyn
McNabb to the Charter Revision Commission for 4-yr.
terms expiring July 15, 2004.
65) 00R-243 Reappointing Helen Meeks & D. Bert Harris to the
Charter Revision Commission for 4-yr. terms expiring
July 15, 2004.
66) 00R-244 Accepting & approving the preliminary plat of Sage
Prairie Addition, including waivers of the
requirements for sidewalks, street lights, landscape
screens, street trees, & block length, on property
generally located at 124th & Holdrege Sts.
Planning Dept. Exhibits: Fact Sheet
67) 00R-245 Special Permit 1835 - App. of Pamela A. Manske to
develop Sage Prairie Community Unit Plan consisting
of 6 dwelling units on property generally located at
124th & Holdrege Sts.
Planning Dept. Exhibits: Fact Sheet
68) 00R-246 Approving an Interlocal Agrmt. between StarTran &
the University of Nebraska to continue the current
transportation program for up to three years.
69) 00R-247 Appointing Mark Westphalen to the Fire & Police
Pension Advisory Committee for a 4-yr. term expiring
Oct. 1, 2004.
70) 00R-248 Approving an exception to the Guidelines &
Regulations for Driveway Design & Location
requirements of vehicle stacking for Farmers Bank at
5931 Lincoln Trade Center, Suite G.
Public Works & Utilties Exhibits: Fact Sheet
71) 00R-249 Use Permit 129 - App. of R. C. Krueger Development
Co. to construct 115,000 sq. ft. of commercial space
on property generally located at S. 14th St., ½
mile south of Pine Lake Rd.
Planning Dept. Exhibits: Fact Sheet
72) 00R-250 Accepting the report of new & pending tort claims
against the City & approving disposition of claims
set forth therein for the period of Aug. 16 - Aug.
31, 2000.
73) 00R-251 Approving the First Amendment of the Conditional
Annexation & Zoning Agrmt. for Yankee Hill Rd.
Vicinity regarding the construction of Yankee Hill
Rd., S. 27th St. & S. 40th St.
74) 00R-252 Approving an increase in appropriations in the
amount of $1,575,000 to provide for constructing
urban paving for projects generally located in S.
14th St. south of Pine Lake Rd., & in S. 14th St. at
Yankee Hill Rd.
Public Works & Utilties Exhibits: Fact Sheet
75) 00R-253 Approving appropriations in the amount of $36,000
from the operation of Keno lottery for the funding
of various human services.
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 (9/13/00) PRIOR TO THE
NEXT FORMAL CITY COUNCIL MEETING (9/18/00).
ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS
AGENDA, OR NOT SCHEDULED TO APPEAR ON A FUTURE AGENDA, MAY DO
SO AT THIS TIME.
ADJOURNMENT 3:31 P.M.
UPCOMING HEARINGS
Hearing Date of Mon., Sept. 25, 2000 at 5:30 p.m. on the
App. of Lincoln-P Street Catering Co., Inc. dba "Embassy
Suites" for an addition to premise at 1040 P Street.
(WITHDRAWN, 7-0)
City Council
2000 Agenda History
Current History
