Politically correct?

[AUG. 30, 2001]  The city of Lincoln has received a lot of bad press both in and out of Lincoln over an issue that was intended to help disabled citizens. The subject of what to do with a pile of handicapped-parking tickets was again broached for discussion by City Attorney Bill Bates. The tickets are the result of an intensified program intended to punish those who are illegally using handicapped-parking spaces.

The citations carry a $100 fine if paid at City Hall within 48 hours after they are issued. Bates wanted to know what the council wanted him to do about the mounting unpaid pile of them. He could begin submitting them to the Circuit Court for a notice of hearing. He pointed out that prosecuting unpaid citations could result in the ticket holder paying the $100 fine plus court costs if found guilty, or the judge could throw it out, as has happened recently. Or it could go to trial and a jury might dismiss it.

At first Mayor Beth Davis said, "You know how I feel about it. Go forth and file a complaint." Mayor Davis said she thought she knew what the disabled persons would want done with them. "Those citations were written to protect disabled persons."

Bates stated, "My legal fees will go up if I have to continue to go to court for prosecution." He continued to caution the mayor and council, "Strictly speaking, it is a matter of how long and how hard you want to beat your head against the law." He also stated that there are some legitimate tickets that need to be pursued.

Mayor Davis said some of the tickets, like those that were given when tinted glass prevented the view of a properly placed placard and it is a proven defense, need to be thrown out. "I agree with that," she said.

 

However, after her recent experiences and time spent speaking with and hearing from many disabled persons, she says that they have said they want "a level playing field." She continued, "We’re not out here to cause people problems. They have gone and gotten a special handicap permit from the secretary of state. They get the information of how to properly display their placard. They need to obey the law."

Alderman Michael Montcalm backed her statement saying, "If this is the law and they’re breaking the law, then how can we make a policy on it?"

Bates advised, "Some of them (the tickets) need the authority to have someone say, ‘This ticket needs to be dropped.’"

Because there are some of the citations that clearly seem to call for practicality, at the suggestion of the mayor a consensus was reached that some tickets could be thrown out with the authority of the mayor, city attorney or Police Chief Rich Montcalm. Her decision was affirmed by the whole council.

Council hears complaints
about bird bangers

Two residents from Mayfair subdivision came to speak their piece about the lack of peace in their neighborhood. The council listened carefully as first Charles Williams spoke about the loud, intrusive noises of bird bangers being shot off some evenings in the neighborhood. Then Mary Gupton took the podium and aired her objections to their use. Both said that the program is disruptive to their lives, their pets’ lives, and that it chases away the good birds too. They would rather have the noise of the birds and would like the bangers stopped.

 

 

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The practice of setting off the bird bangers began last year when the council heard concerns from a number of citizens about the accumulation of bird wastes in their neighborhoods. The volume of bird waste was a great health concern. Extensive flocks of starlings come in from the fall fields to roost in the protection of large neighborhood trees for the night.

The council asked the city police to aid in the disruption and dispersion of these birds.

After listening to Williams and Gupton, Mayor Davis said she would take their complaints under advisement.

 

Police department receives top accolades in national survey

The University of Washington, Seattle, has contacted the Lincoln City Police Department with the results of their yearlong survey. Lincoln was selected as one of only 24 cities nationwide to participate in the survey. Chief Rich Montcalm said he believes, "We were chosen because of the number of community policing programs offered for a city of its size. This is a huge honor." He added, "Our results were very impressive"

The diversity of programs, including the DARE and violence prevention programs, led in our strengths. The uncommon development and implementation of the DARE program at three age levels puts us in the top 4 percent at the state level. Lincoln ranked high in all areas.

The purpose of the survey is to assess and share information that can help other police departments develop programs that will fit their communities too. It is a project that shares the best ideas and support.

 

Fire department has weekend plans

Lincoln City Fire Department, 700 Broadway St., is hosting a first-time open house from 10 a.m. to 2 p.m. on Monday, Labor Day. Anyone and everyone is invited to stop in. Parents can bring their kids down and get a tour of the firehouse and trucks. It will be a great time for photo opportunities.

Hot dogs and refreshments will be served. The firehouse often hosts school children’s tour groups, but this gives the adults a chance to come in too. Chief Bucky Washam says it will be a great time, and he hopes lots of people will come visit.

[Jan Youngquist]


Two times taxi’s too many?

[AUG. 30, 2001]  Lincoln City Council held a public hearing in reference to a permit request for a new taxi service. The aldermen, city attorney and mayor listened to arguments by both the current cab company owner, Gary Donley, and the person requesting the permit, Kevin Sampson. Sampson owned the current cab company, Safe Ride Taxi, until May 2000, when he sold it to his now ex-brother-in-law, Donley.

Sampson spoke first, saying that he would like to start up a new service. He cited unsubstantiated reports of poor service and a general deterioration of a business that he originally started as reasons he would like to get back into the business. He also stated, "There’s room for competition, knowing what I know."

Sampson said he would start out with one vehicle that he would drive himself. He intends to drive from 5:30 a.m. to 6 p.m., during his off-hours from his regular job with the Lincoln City Police Department "As the pace picks up I will increase (the number of vehicles). I already have people waiting to drive."

Donley attempted to persuade the council when he took the floor to defend his business and provide reason that another cab company should not be granted a permit to operate in the city. He claimed not to have had any registered complaints against his company. He did not believe it possible for two cab companies to remain viable in a town the size of Lincoln, clearly stating, "This community can not support two cab companies."

 

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Alderman Glenn Shelton spoke, using an illustration of our free enterprise system. "It’s like having two lemonade stands in a neighborhood," he said. "One is either better or the other costs less. I don’t see that we should stand in the way of either business."

Alderman Joseph Stone made a motion, it was quickly seconded, and passed unanimously. Sampson was then told he only needs to get a license and proof of insurance, and his permit will be granted.

[Jan Youngquist]


Mayor brainstorms new business development with business and community leaders

[AUG. 29, 2001]  An informal meeting was held Tuesday evening in the mayor’s office to discuss Lincoln business owners’ concerns. In attendance were a number of local business owners, Bobbie Abbott from the Lincoln/Logan County Chamber of Commerce, Mark Smith from the Economic Development Council, city building inspector Les Last, Fire Chief Bucky Washam and Mayor Beth Davis.

Mayor Davis opened the meeting by saying that there have been some concerns raised that Lincoln is not conducive to business. This was said most recently following issues that came up while discussing bringing Casey’s to Lincoln.

Jonathon Steffens spoke, recognizing key elements of what makes local businesses flourish in a small town. He said that formerly there were 3,000 to 4,000 people living downtown in apartments over businesses. You would see 150 people on the streets on weekend evenings. Those people would spend their dollars in the stores.

It has been the Steffens family’s dream to help bring that back to Lincoln. They have invested $150,000 in their developments downtown. Most of the buildings and upper apartments in downtown Lincoln now sit empty but could be developed.

 

A list of businesses, the problems they have had in getting up and going, and the extensive unplanned costs that they have encountered was read by Larry Steffens. The most common major issues seemed to revolve around meeting a combination of codes from the city and the Building Official Code Administration. Steffens said he felt that this combination leads to duplicate construction and makes renovation costs prohibitive to restoring older buildings. He further suggested looking at the New York code that a lot of communities like Lincoln are now using. Mayor Davis asked Steffens if he might get her a copy, saying that she would like to review that as a possible option.

Patrick Doolin spoke about the business development he has been involved in at Kickapoo and Broadway streets. Having finished the Kickapoo Street side of his buildings and being nearly done on the Broadway Street building, he said he thought it had been "a pretty smooth road" and he deemed it a "positive experience."

He recognized that his buildings’ purposes were different than for some of the businesses that were cited as having had difficulties and unplanned expenses. He had no food or kitchen areas, just pure office space. "Ya, we had things we didn’t want to do. We asked why, and they (city inspectors) explained it," he said.

Doolin also made the point that he thought they had less difficulty because they entered their development with expert advice. He said, "It’s like buying a house." An expert will know about codes and check everything out and will be able to tell you what extra costs you might incur in renovating an old building before you get started.

 

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His company hired a licensed inspector. The inspector was acquainted with the old buildings and the type of business they were planning. He came in and assessed the building. Doolin thought that the $800 bill he paid to the licensed inspector was well worth the expense.

Les Last confirmed this recommendation, saying that he would like building owners to bring him blueprints that have been inspected by a professional before starting work on a building to be renovated

Chief Washam also stated, "I’d rather they come to me before starting." There isn’t much he can do about citing owners for fire code violations if he is called in during the middle of a renovation, as has happened in many cases.

Dale Williams, a retired real estate agent, property and business owner who owns property in a number of cities, said he could see the necessity of having building codes. "I travel a lot. If there are no building codes, I see cheap property. You have to have them (building codes)."

 

His opening point was about older buildings. "You can’t think of them as new construction," he said. Williams suggested that business owners and the city need to have on paper what will be required for a business building to be up to code. The chamber and city leaders need to sit down and talk to people planning a new business as soon as they show an interest and help them get going in the right way.

Some other valuable points made during the brainstorming session were that it would be great if there would be one key person to whom everyone would point when approached by an interested business investor. That person would have all the information, a suggested order of events and all the contacts needed for a new business owner to have a positive experience here.

After a full hour of discussion with lots of ideas, Mayor Davis closed the meeting saying she’d like to hold a formal co-sponsored meeting among the business owners, city of Lincoln, Logan County Board, Main Street Lincoln, Lincoln/Logan Chamber of Commerce and our Economic Development Council to set down some plans that will help our community prosper.

[Jan Youngquist]

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Office open Saturday for tax payments

[AUG. 29, 2001]  The Logan County treasurer’s office will be open Saturday, Sept. 1, from 8:30 a.m. to noon, especially for the convenience of people paying real estate taxes.

The second installment of property taxes will be due without a penalty Sept. 5.

A penalty of 1½ percent will be charged on any unpaid second installment of taxes on Sept. 6. Any unpaid first installment will be charged 4½ percent on Sept. 6.


A wrap-up of the weekend

[AUG. 28, 2001]  This past weekend’s Lincoln Art & Balloon Festival was a huge success. Despite a dooming weather prediction that threatened the entire weekend, there was very little that was affected.

Lincoln/Logan County Chamber of Commerce Director Bobbie Abbott summed up the weekend this way: "We were fortunate in most every aspect except that the Saturday night flight and glow had to be canceled. It was very disappointing because we work all year for this weekend, but you can’t control the weather. All in all, all the events over the whole weekend had great turnouts."

The three-day weekend held a nice diversity of activities at locations all over town. There was something for everyone. Besides the big draws of the art fair and the hot-air balloons, many other supporting activities add dimension to the weekend.

The chamber gets calls about all of the events from people wanting more information or sometimes asking how they can become involved.

Abbott says: "People have their special interests that they come to the festival for. Some will say they liked the car show; some come for the Postville historical craft demonstrations; and the flea market is a growing segment showing increased interest. It will be getting bigger. Each event has its own draw."

Festival planners will soon meet to evaluate this year’s events, and another year’s work will begin.

[LDN]


Three sides of a square

[AUG. 28, 2001]  It was Sunday, Aug. 26, in the year 2001, and the Logan County courthouse square was a peninsula in a sea of old cars. Cool Cruisers sponsored the Classic Car Cruise In, which ranged from Ford Model A's and T's to Checkered Cabs. Restored Mustangs, Camaros, Super Sports and anything else you'd want to see were on display, with their owners only too happy to brag on their pride and joy.

[Click here to see pictures]


Kids find fun and opportunity for
artistic expression in Adventure Zone

[AUG. 27, 2001]  In addition to the balloons and artists visiting our community, numerous other activities filled the streets and parks of Lincoln this weekend. A children’s Adventure Zone offering multiple activities occupied the corner of Pekin and Kickapoo streets. Tickets available for a minimal charge could be redeemed for a wide variety of entertaining distractions. Proceeds went to Main Street Lincoln to fund ongoing economic development and historic preservation efforts.

Included in the children’s area was the children’s art fair tent, sponsored by the Lincoln Area YMCA, offering art and craft activities for the younger art fair attendees. Abe’s Carmelcorn provided a 30-foot inflatable Jelly Belly with discounted candy items available. The Whopper Hopper, an inflatable jumping tent for children, was manned by Lincoln Burger King personnel, and the Lincoln Public Library provided a free reading corner for youngsters.

 


[Greg Harmon of Lincoln works on a craft at the children's art fair tent, sponsored by the Lincoln Area YMCA.]

A new addition to the children’s activities this year was a community puzzle. Children were given the opportunity to decorate 6-inch-square puzzle pieces that will be assembled to create a giant community puzzle. The puzzle will be permanently mounted and displayed in the Lincoln Public Library. Emily Bakken, a Lincoln High School student who volunteered her services as part of a leadership seminar she attended earlier this summer, manned the community puzzle.

 


[Ashley Polk (left) and Mallory White, both of Lincoln, lend their talents decorating 6-inch-square puzzle pieces that will be assembled to create a giant community puzzle.]

 

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An annual favorite for the children’s area was the massive cardboard maze created by volunteers for Main Street Lincoln. Local businesses saved large appliance boxes throughout the year to supply the material necessary for the massive structure, which this year was based on a "2001 Space Odyssey" theme. Children were seen scrambling in and out of the space shuttle’s door throughout the afternoon.

[Judy Rader]

 


An artist’s story

[AUG. 27, 2001]  One artist at the 2001 art and balloon fest originally traveled to Lincoln as part of a balloon chase crew.

Jim Brooksher’s 23-year love of ballooning has taken him to the Albuquerque Festival eight times. When he relocated to Grayslake in Illinois, he continued his hot-air passion by volunteering with the Windy City Balloon organization. Three years ago, when the Chicago-based California Dreaming balloon participated in the Lincoln festival, Brooksher tagged along as part of the pilot’s chase crew.

 


[Judy Rader interviews artist Jim Brooksher.]

A pleasant surprise awaited this professional artist when he had the chance to stroll through the art fair in Latham Park. Impressed with the quality and variety of fine art available, he applied for acceptance into the 2000 fair. The judges, obviously also impressed with his selection of oil and watercolor paintings, many of which featured his second passion, hot-air balloons, agreed to accept his entry.

 

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"It was great for me," stated the artist, "The Lincoln Art Fair was my best show of all 2000!"

Brooksher works at Abbott Laboratories in package design but says that his "love and dream is to be able to paint and make a living selling artwork. Mixing my art and hot-air balloons fits a niche in my life. It’s my midnight oil and therapy."

[Judy Rader]

 


Sen. Stone invites seniors to visit website

[AUG. 27, 2001]  Senior citizens can access information about laws, programs and services directly affecting them through a new section on the Senate Republican caucus website, according to Sen. Claude Stone. Stone, R-Morton, said the purpose of the site is to make information from a variety of agencies available in one location.

"Over the past few years, the Legislature has passed a lot of laws directly affecting senior citizens, and they should be able to find the information quickly," said Stone. "This new website offers information about these laws, programs and services all in one place, regardless of which state agency offers the program."

The site can be accessed through the caucus home page at www.senategop.state.il.us. It contains information on laws and programs concerning crime prevention, health care, prescription drugs and tax relief.

Among the programs listed on the site are the newly expand Circuit Breaker program through the Department of Revenue, the attorney general’s consumer fraud programs and the Illinois Department on Aging’s Elder Abuse and Neglect Program.

Senior citizens may also download brochures and other information from the site.

[News release]

 


Forget the major sports:
I vote for hot-air ballooning

By Jeff Mayfield

[AUG. 25, 2001]  Thursday night I had the opportunity to go up in the Sun Kissed balloon piloted by Randy Conklen of New Holland and co-piloted by Jack Holland of McLean. It was an almost perfect night for the flight.

[Click here to view pictures of the balloon fest]

First, all the balloonists, crews, media and chamber members met out at the Holiday Inn Express to receive their assignments and their instructions.

Although no one said this directly to me, it appeared that one of the goals was to take the balloons over or near the Maple Ridge Care Centre and Retirement Village. So I traveled with the Sun Kissed crew out to the old Abe Lincoln School. That’s where we set up shop.

Out of the back end of Randy’s pickup truck came everything but the kitchen sink…at least, everything that you might guess would be important for a successful launch. Things like a big basket to ride in and the balloon or the envelope or whatever you want to call that thing that actually lets you sail in the wind. It looks, acts and smells like a parachute to me.

After we removed all the paraphernalia onto the ground, we stretched out the balloon, hooked up all the lines and cables, and then started up the fan. The fan looks just like the ones you see on the sidelines during National Football League games on Sunday. The difference is we didn’t have any 350-pound linemen sitting next to the fans to help us ready the balloon.

After what seemed like minutes waiting for the balloon to inflate, Randy pumped a few shots of the hot propane right in the center of the balloon, and after a few hits of the gas, it finally seemed to perk up.

"It is…alive!" I said. Then someone told me to cut the commentary and to just get into the balloon.

There were several balloons next to us, so we waited for them to take off; then our turn rolled along. And just like the magic in the Wizard of Oz we began to climb. I resisted the urge to say, "There’s no place like home," or "We’re going back to Kansas, Toto"; but it was hard.

Several Lincoln residents were on hand to witness the liftoff. One of those people, a little 8-month-old lad that I spotted in the crowd, was especially good-looking. Many of them waved hysterically, while others acted like they see this sight every day.

It is an exhilarating feeling to climb those first few hundred feet. You see the majestic beauty of the balloons up above you, and you look down to the ground and watch the crews below feverishly scrambling to get their balloons airborne. You see the beauty of God’s creation everywhere you look.

Randy is an especially skilled pilot considering that he’s in only his third year at the helm. In fact, he’s in his rookie season as an official pilot, having received his pilot’s license last November. He is very conscientious and does not take his attention off what he is doing. He won’t even pause to use the binoculars or to take a picture. He suffers my stories and my constant snapping of pictures and just smiles all the way.

No wonder people love this so much. It is awesome.

We glide almost over the top of Maple Ridge, and I pause for a moment, hoping that at least the residents there have their day brightened a little bit more.

 

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Then we mosey parallel with old Route 66 over some of the most spectacular checkerboard scenery on God’s green earth. Those who think Illinois is boring and not that beautiful have never seen it from that angle before. It is breathtaking.

I’m reminded of one of the many reasons I choose to live in Illinois. From up in the air you realize that we truly are the heartland and the heart of the country, if not the world.

The serenity that you experience while you drift wherever His winds take you reminds me that I need more times of quiet reflection in my life. I am reminded to be grateful for everything I have.

I see the Stars and Stripes flying from flagpoles all over town, and I am reminded of how wonderful it is to live in a free country. I thank every veteran and every veteran-to-be for all the sacrifices made on our behalf.

I see what looks like some bumper crops, and I see some that remind me of the grass in my yard that has serious heat fatigue. At any rate, I am grateful for central Illinois farmers who against all odds struggle to keep going.

I see balloons headed for the water just shy of I-55, and then I see what I think is Jim Ireland’s balloon make a "splash and dash" run just before they hover over the interstate.

Then it happens. Northbound and southbound truckers start to see the balloons and go bananas! They’re just like a bunch of little kids. They start honking and waving and slowing down and pulling over. It is a sight to behold.

Finally, we see a good landing area just north of the highway. Randy radios his partner, and the next thing I know, we’re doing a splash and dash in a soybean field! Then suddenly we come to a farm road and run head-on into our crew.

Nobody told me that we didn’t have any brakes! Does my insurance man know this, I wonder.

Once the eagle, I mean the Sun Kissed, had landed, our crew walked us into the short grass, which is a place I seldom find myself during the golfing season.

But, the flight is far from over. They kicked me out of the balloon, and we began the tear-down assembly. It seems to be the reverse of putting the balloon up, but it seems to go a lot faster. This crew is tremendous and so is this sport.

Yes, I love basketball, football and baseball, but I’m rapidly becoming a balloon enthusiast. If you’re as interested in this sport as I have always been, I suggest that you seek out one of this year’s sponsors and ask to crew for them. I think I have crewed every year that this event has been in Lincoln, and it is the highlight of the year for me!

Also, if anyone has a few thousand bucks that they want to get rid of and would like to train and hire a new rookie pilot, please call 732-7443 and leave a message for yours truly. I promise to call you back within minutes.

Hope to see you and yours this weekend out at the fairgrounds or in the air…

[Jeff Mayfield]

 


Lincoln balloon fest off to a great start
Glorious mass ascension followed by
a charmed evening glow

[AUG. 25, 2001]  The first official day of the Lincoln Art & Balloon Festival was deemed a success by event organizers.

[Click here to view pictures of the balloon fest]

 Inclement weather with gusty winds had been hinted by earlier weather reports, but at zero hour for the first official balloon launch, the skies cleared and the green flag was given for a mass ascension. Gusty breezes created minor problems with shifting balloon envelopes during inflation, and a few landings were slightly rougher than usual.

Three sites were laid with targets for balloonists to drop beanbags onto and attempt to score competition points. The target sites were chosen for their accessibility to the fast moving balloons and were located beside Big R, Hicks Gas and on the Schwartz Family Farm.

Balloons returned to the fairgrounds at dusk and delighted the crowd with a traditional balloon glow which included the specialty balloons, Mr. Potato Head, Rubber Duckie, a large goldfish named Sushi and the Lady Jester 

A highlight of the evening was the surprise appearance of bride and groom Sara and Shawn Lockard.  After the couple’s 6 p.m. wedding service at St. John United Church of Christ in Lincoln, the wedding party detoured through the fairgrounds en route to the reception to allow the couple to take pictures at an unusual picture site, their favorite french fry tent.

 

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According to bridesmaid Carrie Fletcher, Sara, the daughter of Marilyn and David Armbrust of Lincoln, met her future husband at the Logan County Fairgrounds, where her parents have regularly manned the grandstand ticket booth for the Logan County Fair. Shawn came to the Logan County Fair as a summer employee of Culler’s French Fries Stand, which had returned to the grounds this weekend to accommodate the balloon festivities.

After a picture session at the fry stand, a crew member from Dean Carlton’s balloon, Ca-Zoo, invited the couple to join them in the infield during the balloon glow.

Friday evening’s festival crowd also enjoyed the carnival, a petting zoo, craft booths and the free grandstand show featuring Sister Groove and the Cross Town Jam.  Lincoln Junior High student Rachel Kasa stated, “I love the balloon glow, the funnel cakes and the rides. The Scrambler is my favorite!” 

[Judy Rader]


An Adventure-some view

Weekend festivities begin

[AUG. 24, 2001]  The Lincoln Art & Balloon Festival kicked off Thursday evening when visiting balloon pilots treated the local media to a pre-festival launch.

[Click here to view pictures of Bob's balloon flight]

Over a dozen balloons carrying local reporters, photographers and other lucky passengers floated across the city during the early evening hours, luring city residents out into their yards and neighborhoods to catch the first glimpse of this year’s variety of inflated colors, shapes and sizes.

Maple Ridge Care Centre invited the entire community to a free kickoff party in its parking lot and, as promised by Georgina Viner, Maple Ridge marketing director, most balloons obliged the center by floating directly overhead during the festivities.

Lincoln Daily News photographer Bob Frank was treated to his first view from aloft by Mary and Don Bragg of Albuquerque, N.M., in their balloon, Mad Adventure. The Braggs’ balloon, locally sponsored by Key Printing, is participating in its second Lincoln balloon fest.

Mary, a college administrator, and Don, a computer manager, have enjoyed ballooning for over 10 years and were drawn to the Lincoln festival by other pilots who told them about "this great little festival where the whole town comes out."

 

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Don stated, "It is amazing that a town of this size can pull together and show so much community pride. Not to mention, we are treated like kings!"

Tom Seggelke of Key Printing recruited the crew for Mad Adventure, calling on family and friends. Even the most inexperienced volunteers quickly found themselves drawn into the hands-on experience of setup, inflation and "the chase."

Scheduled festival flights for the weekend, weather permitting, include mass ascensions from the Logan County Fairgrounds Friday at 6 p.m., as well as Saturday at 6:30 a.m. and 6 p.m. A balloon launch with balloons inflating at remote locations and attempting to navigate over the fairgrounds is scheduled for Sunday at 6:45 a.m.

Balloon competitions will be conducted throughout the weekend. According to the festival scoring coordinator, Beth Green of Lincoln, cash prizes of $10,000 will be awarded to competing balloonists.

[Judy Rader]

 


Casey’s stalled by setback requirement

[AUG. 24, 2001]  The off-again, on-again status of the Casey General Store’s plan to put a facility on the lot at 314 S. Jefferson St., across from the Postville Courthouse, is off again, at least for the time being.

Representatives of the national chain of convenience stores and the owner of the Jefferson Street property hit another stumbling block when they appeared before the city’s Zoning Board of Appeals Aug. 22 to ask for a 16-foot variance from the rear setback line.

According to members of the zoning appeals board, Casey’s must provide evidence that they meet the exact specifications for approving a variation, specifically that the hardship they face under the present setback requirement is not "self-created."

A decision on the final status will now wait for a survey of the alley behind the lot to determine who owns it, the city or Walter Goodman. If the alley is private property, and if Casey’s can buy it, they will not need a setback and can go ahead with the construction of the store.

However, if the alley belongs to the city, Casey’s will be back before the appeals board, possibly as early as Sept. 19. This time, they will be asking for a variation of only 8 feet because they can use half the 16-foot city alley to meet the setback requirements. They will then still have to prove they meet the specifics of the city zoning code.

"I was hoping you had read our zoning code before you came here," City Attorney Bill Bates told Diane Ahern, Casey representative. He said the board, under the city code, has to determine there are "practical difficulties or unnecessary hardships" before granting a variance.

He also said the zoning board had had an "unfortunate" experience in the Appellate Court, which emphasized to them that they must meet these specific requirements. The incident occurred before he was city attorney, Bates said, and neither he nor zoning board chairman John Sutton would comment on it.

The code says the Zoning Board of Appeals must determine three things:

"1. The plight of the owners is due to special and unique circumstances in determining the hardship, and the hardship cannot be self-created by the petitioning party.

"2. The variation, if granted, will not alter the essential character of the locality.

"3. That after balancing the interests of the surrounding property owners, the benefits of granting the variance outweigh the depreciation of neighbors properties, if any."

The major sticking point for zoning board members was the issue of "self-created" hardship.

According to Ahern, Casey’s needs the setback to allow adequate room between the store itself and the gasoline pumps. "The distance between the pump and the buildings is as short as we can go," she said. "The lot is smaller than we usually use."

Sutton suggested that Casey’s was trying to put too much on the lot. "You’re trying to put 10 pounds of potatoes into a 5-pound bag," he said. "It’s your choice to go with this configuration for safety reasons, and you also chose a lot you knew to be short."

Ahern said the company has several other stores on lots the same size, and noted it was hard to get a lot 150 feet deep. The Jefferson Street lot is 125.71 feet deep, according to Les Last, zoning officer.

"You knew you were going to have to ask for a variance," zoning board member R. James Johnson said.

Ahern said it was not unusual for Casey’s to ask for a variance, and they usually get it. She said she believed the safety factor of having adequate space between the gas pumps and the building should meet the code specifications.

 

[to top of second column in this article]

"It’s standard for us to put a store on this size lot," Ahern said.

She also said the original owner of the lot and the alley, Walter Goodman, had agreed to give Casey’s enough room for a setback. The surveyor Casey hired, however, said there was no record that Goodman owned the alley and that it probably belongs to the city.

"If that was a city alley, they could use half the 16 1/2 foot alley as part of their setback requirements. That would give them 8 1/4 feet and they would only need 7 3/4 feet," Last told the board.

Sutton, however, said as far as he knew it was not a dedicated alley. "The street department said, ‘We don’t take care of it, it’s not ours.’"

Bates said there was no way to know who owned the alley without a title search, and he could assure Casey’s that the city would not go to the expense of a title search.

Bates also asked if the Casey layout could be reconfigured by moving it forward.

Gus Otto, who attended the meeting with Jefferson Street property owner Larry Riva, said one reason for the setback was so Casey’s would not obstruct the view of the Postville Courthouse.

After a brief conference with Riva, Otto, and several others who attended to support the Casey project, Ahern asked for a continuance of the meeting. She said the company would pay for the title search of the alley.

Only four members of the seven-member board attended the meeting: Sutton, Johnson, Mannie Gaston and Tom Culnan.

The appeals board meeting was the third hurdle Casey’s has had to jump to get permission to build on the Jefferson Street property. At a meeting Aug. 16, the Lincoln Planning Commission voted 6-3 against rezoning the property from residential to commercial, but at the Aug. 20 city council meeting, that decision was overturned by a vote of 8-2.

Arguments on both sides were presented at both meetings. Main Street Lincoln coordinator Wendy Bell and Looking for Lincoln steering committee member Jan Schumacher opposed the rezoning because they support a plan for a historic preservation district along the Fifth Street corridor from Postville Courthouse to Postville Drive. They believe the Casey store does not conform to the use in such a district.

 

Riva and Perry Harris, who owns property across the street, spoke in favor of the rezoning, as did Larry Goodman, Walter Goodman’s son and owner of a nearby business, V. Goodman Excavating and Transfer.

Cliff McCumber, owner of the Fifth Street Food Mart, and a group of neighbors appeared at both meetings to oppose the rezoning. McCumber said that a national chain like Casey’s could lower its prices until it drove out competition, then would raise them. Neighbors said they did not want the noise, traffic and lights that a convenience store would bring to the area.

City council members, in overriding the planning commission’s decision, spoke in favor of bringing more business, jobs and sales tax revenue to the city and getting productive use out of the vacant lot.

[Joan Crabb]

 


Click here for information on the Lincoln Art & Balloon Festival
Aug. 24, 25, 26.

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