City Council
Agenda
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 4, 2000 AT 1:30 P.M.
ALL MEMBERS PRESENT.
NOTE: NO CITY COUNCIL MEETINGS: TUES., DEC. 26, 2000 nor
TUES., JAN. 2, 2001
PUBLIC HEARING - LIQUOR RESOLUTIONS
1) Exhibit Manager application of Judy K. Gross for Nebraska Retail
280K Ventures L.L.C. dba Ampride #103" at 600 West A Street.
(ADOPTED FOR APPROVAL, 6-0; CAMP ABSENT; A-80567.)
2) Exhibit Application of Wilderness Ridge L.L.C. dba "Wilderness
534K Ridge Golf Course" for a Class "C" liquor license at 1800
Box Canyon Circle. (PUB. HEARING CONT'D & ACTION DELAYED
TO 12/18/00, 7-0.)
3) Exhibit Manager application of James B. White for Wilderness
277K Ridge, L.L.C. dba "Wilderness Ridge Golf Course" at 1800
Box Canyon Circle. (PUB. HEARING CONT'D & ACTION DELAYED
TO 12/18/00, 7-0.)
4) Exhibit Application of Chace Enterprises, Inc. dba "Silver Spoke
107K Saloon" for a liquor catering license at 1033 M Street.
(ADOPTED FOR APPROVAL, 7-0; A-80568.)
5) Exhibit Application of J.J. Kat, Inc. dba "Brewsky's Food &
352K Spirits" for an addition to their licensed premises of an
area measuring approximately 20' by 30' to the northwest
on property located at 2840 South 70th Street.
(PUB. HEARING CONT'D & ACTION DELAYED TO 12/11/00, 7-0.)
6) Exhibit Manager application of Thomas O. Rost for Columbus
221K Lincoln Hotel Properties, L.L.C. dba "Holiday Inn Lincoln
Downtown" at 141 North 9th Street.
(ADOPTED FOR APPROVAL, 7-0; A-80569.)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 7 & 8 HAD PUB. HEARING.)
7) 00-216 Change of Zone 3289 - App. of Ridge Development,
Southview, Inc., & North Hills Limited Partnership
for a change from R-2 to R-3 Residential on property
generally located at Folkways Dr. & 21st St.
Planning Department: Fact Sheet (756K)
8) 00-217 Amending Sec. 10.22.080(e) of the LMC to include
language which requires that vehicles operated upon
the streets of the city not be obscured to the
extent that the ability to see inside the vehicle is
substantially impaired.
Law Department: Fact Sheet (4K)
PUBLIC HEARING - RESOLUTIONS
9) 00R-314 Approving the Restated Articles of Incorporation of
Emergency Medical Services, Inc. as adopted by the
Board of Directors of EMS. (ADOPTED, 7-0; A-80570.)
10) 00R-322 Ordering Ornamental Lighting District No. 283
constructed in Woods Avenue from S. 33rd Street east
to S. 38th Street. (ADOPTED, 7-0; A-80571.)
Public Works & Utilities Department: Fact Sheet (98K)
11) 00R-323 Approving the use of public right-of-way by Meadow
Gold Dairies for the construction of a block
structure with roof for an existing compactor at the
northeast corner of 7th and L Streets.(ACTION DELAYED FOR
1 WEEK TO 12/11/00, 7-0.)
Public Works & Utilities Department: Fact Sheet (307K)
12) 00R-324 Use Permit 99B - Application of Union Bank & Trust
to enlarge a ground sign from 32 sq. ft. to 70 sq.
ft., on property generally located at the northwest
corner of S. 27th Street and Pine Lake Road.
(ACTION DELAYED FOR 1 WEEK TO 12/11/00, 7-0.)
Planning Department: Fact Sheet (700K)
13) 00R-325 Approving the Willowbrook Shopping Center Annexation
and Zoning Agreement between the City and Livingston
Investments, Inc. outlining certain conditions and
understandings with regard to the annexation of
property generally located at South 70th Street and
Highway 2. (In connection w/00-215, 00-216 , 00R-320)
Law Department: Fact Sheet (4K)
(SUB. AGRMT. ACCEPTED, 7-0; ADOPTED AS AMENDED, 7-0;
A-80572.)
14) 00R-326 Approving the Ashley Heights Conditional Annexation
and Zoning Agreement between the City and M&S
Construction and Allan D. & Beth A. Schultz
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/00-212, 00-213, 00R-317, 00R-318,
00R-319) (ACTION DELAYED FOR 2 WEEKS TO 12/18/00, 7-0.)
Law Department: Fact Sheet (4K)
15) Application of Nebraska Fertilizer & Ag-Chemical
Institute to conduct a raffle within the City of
Lincoln from December 15, 2000 through January 27, 2001.
(ADOPTED, 7-0; A-80573)
16) Proposed use of grant money from Local Law
Enforcement Block Grants Program - Lincoln Police
Dept. (HEARING HELD; NO ACTION NEEDED)
PETITIONS & COMMUNICATIONS
17) The following are to be referred to Planning Dept.:
Change of Zone 3252 - App. of Ridge Development Co. for a
change from B-2 to I-1 (Parcel 1) and I-1 to B-2
(Parcel 3) at 27th & Folkways.
Change of Zone 3294 - App. of HiMark Development, Inc.
for a change from R-3 to AG (Parcel C) and also from
AG to R-3 (Parcel A , B, D, & E) at HiMark Estates
3rd & 4th Additions.
Change of Zone 3295 - App. of Valentino's, Inc. for a
change from R-6 to B-1 at 3457 Holdrege Street.
Use Permit No. 103B - App. of Olsson Associates to
develop commercial, retail, financial & restaurant
at 27th & Folkways.
Special Permit No. 1869 - App. of Ross Engineering for a
C.U.P. for 25 dwelling units for elderly housing as
outlined in Sec. 27.63.210 & 27.63.320 of the LMC at
61st & South St.
18) Setting hearing date of Mon., Dec. 18, 2000 at 1:30 p.m.
or soon thereafter, for the assessment of cost of weed
removal incurred for the period of Jan. 1, 2000 through
Dec. 31, 2000. (APPROVED, 7-0.)
19) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
20) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on Nov. 20, 2000. (PLACED ON FILE)
21) Investment of Funds. (ADOPTED, 7-0; A-80574.)
22) Approving the distribution of funds representing
interest earnings on short-term investments of Idle
Funds during the month ended Oct. 31, 2000.
(ADOPTED, 7-0; A-80575.)
23) Report from City Treasurer of City Cash on hand at
the close of business Oct. 31, 2000. (PLACED ON FILE)
24) Report of City Treasurer of Telecomm. Occ. Tax for
the month of Oct., 2000: Coast Int'l., Sprint
Spectrum, Aliant Cellular dba Alltel. (PLACED ON FILE)
ORDINANCES - 1ST READING - NONE
RESOLUTIONS & ORDINANCES - FOR COUNCIL ACTION - HAD PUBLIC HEARING
25) 00R-296 Ordering construction of sidewalks at various
locations throughout the City generally bounded by
S.W. 27th & W. "O" on the west, 27th & Whitehead Dr.
on the north, 80th & Leighton on the east, & 40th &
Eagle Ridge Rd. on the south. (11/27/00 - Action
delayed to 12/4/00) (ACTION DELAYED 1 WEEK TO
12/11/00, 7-0.)
26) 00R-317 Comp. Plan Amendment 94-52 - Amending the 1994
Lincoln Lancaster County Comp. Plan to change Figure
16, Lincoln's Land Use Plan, from Industrial to
Commercial & from Industrial to Residential on
property generally located at N.W. 48th St. & W.
Adams St. (In connection w/00-212, 00-213, 00R-318,
00R-319, 00R-326) (11/27/00 - Action delayed to
12/4/00) (ACTION DELAYED FOR 2
WEEKS TO 12/18/00, 7-0.)
27) 00R-318 Special Permit 1833 - App. of M&S Construction & the
Lincoln Chamber of Commerce to develop Ashley
Heights C.U.P. consisting of 289 dwelling units on
property generally located at N.W. 48th St. & W.
Adams St. (In connection w/00-212, 00-213, 00R-317,
00R-319, 00R-326) (11/27/00 - Action delayed to
12/4/00) (ACTION DELAYED
FOR 2 WEEKS TO 12/18/00, 7-0.)
28) 00R-319 Accepting & approving the Pre. Plat of Ashley
Heights for four outlots & two commercial lots, with
waivers to block length, pedestrian easement,
roadway platform approaches, & the submittal of a
use permit at the time of preliminary plat, on
property generally located at N.W. 48th St. & W.
Adams St. (In connection w/00-212, 00-213, 00R-317,
00R-318, 00R-326) (11/27/00 - Action delayed to
12/4/00) (ACTION DELAYED FOR 2 WEEKS TO 12/18/00, 7-0.)
29) 00-212 Amending the corporate limits of the City by
annexing approx. 135.7 acres of property generally
located at N.W. 48th St. & W. Adams St. (In
connection w/00-213, 00R-317, 00R-318, 00R-319, 00R-
326) (11/27/00 - Action delayed to 12/4/00) (ACTION
DELAYED FOR 2 WEEKS TO 12/18/00, 7-0.)
Planning Department: Fact Sheet (46K)
30) 00-213 Change of Zone 3248 - App. of M&S Construction & the
Lincoln Chamber of Commerce for a change from I-2
Industrial to H-4 General Commercial, B-2 Planned
Neighborhood, & R-3 Residential, on property
generally located at N.W. 48th St. & W. Adams St.
(In connection w/00-212, 00R-317, 00R-318, 00R-319,
00R-326) (11/27/00 - Action delayed to 12/4/00)
(ACTION DELAYED FOR 2 WEEKS TO 12/18/00, 7-0.)
Planning Department: Fact Sheet (42K)
31) 00R-320 Use Permit 132 - App. of Livingston Investment, Inc.
to develop 267,812 sq. ft. of space to include
retail, office buildings, banks & financial
companies, restaurants, dry cleaners, on & off sale
of alcoholic beverages, & a waiver of the sign
regulations to permit a sign at the south entrance
to the site, on property generally located southeast
of 70th St. & Hwy. 2. (In connection w/00-214, 00-
215, 00R-325) (11/27/00 - Action delayed to 12/4/00)
(MOTION TO AMEND #1 ADOPTED, 7-0; MOTION
TO AMEND #2 ADOPTED, 4-3; CAMP, JOHNSON & MCROY DISSENTING;
ADOPTED, 6-1; FORTENBERRY DISSENTING.)
32) 00-214 Amending the corporate limits of the City by
annexing approx. 37 acres of property generally
located south of Hwy. 2 between S. 70th St. & Pine
Lake Rd. (In connection w/00-215, 00R-320, 00R-325)
(11/27/00 - Action delayed to 12/4/00)
Planning Department: Fact Sheet (89K)
(PASSED, 7-0; #17769.)
33) 00-215 Change of Zone 3282 - App. of Livingston Investment,
Inc. for a change from AGR Agricultural Residential
to B-2 Planned Neighborhood Business on property
generally located southeast of 70th & Hwy. 2. (In
connection w/00-214, 00R-320, 00R-325) (11/27/00 -
Action delayed to 12/4/00) (AMENDED, 7-0; PASSED, 6-1;
FORTENBERRY DISSENTING.)
Planning Department: Fact Sheet (103K)
ORDINANCES - 3RD READING
34) 00-192 Creating Water Dist. 1181 in Gladstone St. from 35th
to 36th Sts. & in 36th St. from Gladstone to Hartley Sts.
(PASSED, 7-0; #17771.)
35) 00-193 Creating Paving Dist. 2619 in Gladstone St. from
35th to 36th Sts. & in 36th St. from Gladstone to
Hartley Sts. (AMENDED, 7-0; PASSED, 7-0; #17772.)
36) 00-194 Creating Paving Dist. 2620 in N.W. 10th St. from W.
Dawes to W. Belmont Sts. (AMENDED, 7-0; ACTION
DELAYED FOR 1 WEEK TO 12/11/00, 7-0.)
37) 00-195 Creating Alley Paving Dist. 359 in the east/west
alley between 47th & 48th Sts. from Lowell Ave. to
Prescott Ave. (PASSED, 7-0; #17773.)
38) 00-210 Approving an Agrmt. between the City & Western
Wireless for the construction & operation of a PCS
Antenna for a communications facility on the 911
tower on property generally located at 14th &
Military Rd. (PASSED, 7-0; #17774.)
39) 00-211 Vacating W. Nance St. from N.W. 10th St. west to the
Cornhusker Hwy./I-80 right-of-way. (ACTION DELAYED
FOR 1 WEEK TO 12/11/00, 5-2; FORTENBERRY & JOHNSON DIS-
SENTING.)
Planning Department: Fact Sheet (15K)
PENDING LIST (EXTENDED ONE WEEK.)
40) 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)
41) 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)
42) 97-122 Amending Sec. 5.04.060 of the LMC to prohibit
issuance of SDL's for sale of liquor to the general
public in the downtown area on home football game
days. (8/25/97 - Amended; Placed on Pending)
43) 97-142 Change of Zone 3076 - App. of Dustrol, Inc. for a
change from AG Agricul-tural 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)
44) 99R-134 Approving a recommendation that the Mayor amend
Administrative Regula-tion #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)
45) 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)
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 Neigh-borhood 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) 00-72 Change of Zone 3245 - App. of Manette Kidney
for a change from AG Agri-cultural to O-2
Suburban Office on property generally located
at S. 84th St. & Old Cheney Rd. (4/24/00 -
Reconsidered & Placed on Pending)
49) 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)
50) 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
Street & Pine Lake Rd. (9/18/00 - Placed on Pending)
Planning Department: Fact Sheet (40K)
51) 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)
Planning Department: Fact Sheet (16K)
52) 00-160 Ord. 17727 - Change of Zone 3207 - App. of Realty
Trust Group for a change from AG Agricultural to B-2
Planned Neighborhood Business Dist. on pro-perty
generally located at S. 84th St. & Old Cheney Rd.
(10/2/00 - Placed on Pending)
Planning Department: Fact Sheet (47K)
53) 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 connec-
tion w/00R-279) (10/16/00 - Placed on Pending)
Planning Department: Fact Sheet (42K)
54) 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) (10/16/00 -
Placed on Pending)
Planning Department: Fact Sheet (36K)
55) 00-177 Vacating a portion of N. 60th St. from Seward Ave.
south 142 ft. (10/16/00 - Placed on Pending)
Planning Department: Fact Sheet (16K)
56) 00-199 Vacating N. 40th St. from the John Dietrich Trail
north to the terminus of N. 40th St., generally
located at the north end of 40th St., north of Adams
St. (11/6/00 - Placed on Pending)
Planning Department: Fact Sheet (18K)
57) 00-200 Vacating W. N St. from the west line of S.
Coddington to a point approx. 300' west thereof.
(11/6/00 - Placed on Pending)
Planning Department: Fact Sheet (14K)
58) 00R-271 Resolution A-80486 - Use Permit 131 - App. of Krein
Real Estate, Inc. to con-struct 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 w/00R-272, 00-173) (10/16/00 -
Reconsidered, 6-0; Action delayed 2 weeks to
10/30/00, 6-0) (10/23/00 - Public Hearing & Action
11/6/00) (11/6/00 - Placed on Pending)
Planning Department: Fact Sheet (52K)
59) 00R-308 Accepting & approving the Pre. Plat of Wilderness
Park Estates including waivers for curb & gutters,
sidewalks, stormwater detention, & street trees, on
property generally located west of S. 14th St. &
Mockingbird Lane. (In con-nection w/99-93, 00R-309,
00-209) (11/27/00 - Action delayed until 1/8/01)
Planning Department: Fact Sheet (1.8M)
60) 00R-309 Special Permit 1832 - App. of George & Kathy
Mechling to develop Wilderness Park Estates C.U.P.
consisting of 19 dwelling units on property
generally located at S. 14th St. & Mockingbird Lane.
(In connection w/99-93, 00R-308, 00-209) (11/20/00
- Action delayed until 1/8/01)
Planning Department: Fact Sheet (2.7M)
61) 00-209 Vacating a portion of Pine Lake Rd. from the west
line of Lazy Acres Subdivi-sion west to the railroad
right-of-way, generally located west of S. 14th St.
& Pine Lake Rd. (In connection w/00R-308, 00R-309,
99-93) (11/27/00 - Action delayed until 1/8/01)
Planning Department: Fact Sheet (16K)
62) 99-93 Amending the corporate limits of the City by
annexing approx. 45 acres of pro-perty
generally located at S. 14th St. & Mockingbird
Lane North. (In connection w/00R-308, 00R-
309, 00-209) (11/27/00 - Action delayed until 1/8/01)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, DECEMBER 11, 2000: (APPROVED, 7-0)
63) 00R-327 Appointing Holly Le to the Multicultural Advisory
Committee for a three-year term expiring September
18, 2003.
64) 00R-328 Approving a Conservation Easement Agreement between
the City and TMCO Investments to preserve the flood
storage capacity in an area generally located at 6th
and H Streets.
65) 00R-329 Approving a Resolution of Intention to Disestablish
the Downtown Core Management and Enhancement
District generally within an area in downtown
Lincoln between 10th Street and Centennial Mall, and
between Q and M Streets.
Law Department: Fact Sheet (4K)
66) 00R-330 Approving a Resolution of Intention to Disestablish
the Downtown Perimeter Management and Enhancement
District generally within an area in downtown
Lincoln between Lincoln between 7th and 17th
Streets, and between R and H Streets.
Law Department: Fact Sheet (4K)
67) 00R-331 Amending the Lincoln Center Redevelopment Plan to
establish a new Project Area for the Entertainment
Center/Old Federal Building Project in a 6 ½
block area roughly bounded by 9th, 11th, O, and Q
Streets to provide for the development of an
Entertainment Center on Block 41 and the
redevelopment and rehabilitation of the Old Federal
Building on Block 43, including public streetscape,
utility, and other improvements.
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
(12/06/00) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING (12/11/00).
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 4:20 P.M.
UPCOMING HEARINGS
Hearing Date of Dec. 11, 2000 at 1:30 p.m. for SMG Food &
Beverage LLC dba SMG Pershing Municipal Auditorium for a
Retail Class C Liquor License with Catering at 226 Centennial
Mall South.
(AMENDED HEARING DATE TO DEC. 18, 2000, 7-0.)
Hearing Date of Dec. 11, 2000 at 1:30 p.m. for the Man. App.
of Douglas J. Kuhnel for SMG Food & Beverage LLC dba SMG
Pershing Municipal Auditorium at 226 Centennial Mall South.
(AMENDED HEARING DATE TO DEC. 18, 2000, 7-0.)
Hearing date of Dec. 11, 2000 at 1:30 p.m. for App. of
Lighthouse Properties LLP dba Beacon Hill at 5353 N. 27th St.
Hearing date of Dec. 11, 2000 at 1:30 p.m. for the Man. App.
of Carole Louise Regan for Lighthouse Properties LLP dba
Beacon Hill at 5353 N. 27th St.
Hearing date of Dec. 11, 2000 at 1:30 p.m. for Man. App. of
Nedra J. Lucas for Nebraska retail Ventures LLC dba Ampride,
#105, 3291 Holdrege.
Hearing date of Dec. 11, 2000 at 1:30 p.m. on the app. of
Nebraska Retail Ventures LLC dba Ampride #107 for a Retail
Class B Liquor License at 5501 Superior Street.
Hearing date of Dec. 11, 2000 at 1:30 p.m. on the Man. App. of
Neil G. Stuthmann for Elks BPO Lincoln Lodge #80 dba Elks BPO
Lincoln Lodge #80 at 5910 South 58th Street.
City Council
Agenda History
