City Council
Agenda
ACTION For The Regular City Council Meeting Held
Monday, June 14, 1999 At 1:30 p.m.
All Members Present
NOTE: REGULAR CITY COUNCIL MEETING OF JUNE 28, 1999 BEGINS AT 1:30 P.M.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Man. App. of Richard L. Bjorn for HyVee, Inc. dba HyVee Food
Store #2 at 2343 N. 48th. (ADOPTED FOR APPROVAL, 6-1,
FORTENBERRY DISSENTING; A-79522)
2) App. of Whitehead Oil Co. dba U-Stop Convenience Shop for a
Retail Class D Liquor License at 2925 NW 12th St.
(ADOPTED FOR APPROVAL, 7-0; A-79523)
3) Man. App. of Derrick S. Sheldon for Whitehead Oil Co. dba
U-Stop Convenienece Shop at 2925 NW 12th St.
(ADOPTED FOR APPROVAL, 6-1, FORTENBERRY DISSENTING; A-79524)
4) App. of Inn Harms Way for a SDL to cover an area measuring
20' by 20' at 7th & P Sts. on June 18 & June 19, 1999 from
1:00 p.m. to 12:00 a.m. (ADOPTED FOR APPROVAL, 7-0; A-79525)
5) Setting Date of Mon., June 28, 1999 at 1:30 p.m. on the App.
of Corporate Golf Marketing, Inc. dba "HiMark Golf Course/
Bunkers Sportsbar" for a Retail Class "C" Liquor License at
90th & Augusta. (ADOPTED, 7-0; A-79526)
6) Setting Date of Mon., June 28, 1999 at 1:30 p.m. on the App.
of Irie, Inc. dba "The Dock" for a Retail Class "C" Liquor
License at 140 N. 8th - 150 The Apothecary.
(ADOPTED, 6-0, CAMP CONFLICT OF INTEREST; A-79527)
PUBLIC HEARING ORDINANCES - 2ND READING
(ITEM 7 HAD 2ND READING)
7) 99-63 Amending §9.44.080 of the LMC to prohibit the sale of
fireworks prior to 8:00 a.m. on July 3rd. (On 3rd Reading)
PUBLIC HEARING - RESOLUTIONS
8) 99R-152 Authorizing acquisition of property contiguous with other
city of Lincoln property in Sarpy County east of the
Platte River. (Request to withdraw)
(ACTION DELAYED FOR 2 WEEKS W/PUB. HEARING ON 6/28/99, 7-0)
9) 99R-156 Approving the Agrmt. between the City & the University of
Nebraska Lincoln for Wet Weather Discharge Characterization
Studies of the Municipal Separate Storm Sewer System.
(ADOPTED, 7-0; A-79528)
10) 99R-157 Accepting & approving the Pre. Plat of Highlands Northwest
generally located at NW 10th St. & W. Harvest Dr.
(ADOPTED, 7-0; A-79529)
11) 99R-158 Approving the Fiscal Year 1999 Action Plan: One Year Use of
Funds for Consolidated Plan for HUD Entitlement Programs FY
1999. (ADOPTED, 7-0; A-79530)
12) 99R-159 Accepting the report of new & pending tort claims against
the City & approving disposition of claims set forth
therein for the period of May 16 thru May 31, 1999.
(ADOPTED, 7-0; A-79531)
PETITIONS & COMMUNICATIONS
13) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
14) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on June 1, 1999.
(PLACED ON FILE)
15) Investment of Funds. (ACTION DELAYED ONE WEEK, 7-0)
ORDINANCES - 1ST READING (ITEM 16 HAD 1ST READING)
16) 99-65 Vacating a portion of undeveloped 8th St. lying between
Hartley St. & Manatt St.
ORDINANCES - 3RD READING
17) 99-63 Amending §9.44.080 of the LMC to prohibit the sale of
fireworks prior to 8:00 a.m. on July 3rd.
(AMENDED, 7-0; PASSED, 7-0; #17516)
18) 99-49 Change of Zone 2531AA - App. Of Hampton Development Services
to amend the Williamsburg Village final P.U.D. to permit 125
dwelling units for elderly people, 60 dwelling units for
assisted living, & a waiver of the height limit from
35' to 42', on property generally located at S. 40th St. &
Pine Lake Rd. (In connection w/99-50) (In connection
w/99-50) (6/1/99 - 3rd Reading (Action) delayed to 6/14/99)
(ACTION DELAYED ONE WEEK TO 6/21/99, 7-0)
19) 99-50 Vacating all of Williamsburg Village 17th add. Except for the
40th St. right-of-way generally located at S. 40th St. & Pine
Lake Rd. (In connection w/99-49) (6/1/99 - 3rd Reading
(Action) delayed to 6/14/99) (ACTION DELAYED ONE WEEK TO
6/21/99, 7-0)
PENDING LIST (EXTENDED ONE WEEK)
20) 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)
21) 97-6 Vacating that portion of 11th St. lying between the north
R-O-W line of Y St. & the northwesterly line of Burlington
Northern R.R. R-O-W in the NE¼ of Sec. 23, T10N, R6E.
(2/3/97 - Placed on Pending until receipt of money)
22) 97-66 Change of Zone 3023 - App. of the Planning Director for a
change from B-2 Planned Neighborhood Business to R-5
Residential on property generally located at 7401 Pioneers
Blvd. (6/9/97-Placed on Pending)
23) 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)
24) 97-122 Amending §5.04.060 of the LMC to prohibit issuance of
special designated 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)
25) 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)
26) 98-153 Change of Zone 3141 - App. of Randy Rohlmeier for a change
from R-2 Residential to I-1 Industrial, on property generally
located at the southwest corner of N. 33rd St. & Leighton
Ave. (9/21/98 - Placed on Pending)
27) 98R-370 Approving an exception to the Guidelines & Regulations for
Driveway Design & Location requirements of vehicle stacking
for Lincoln Federal Savings at 70th & "O" Sts. (11/23/98 -
Placed on Pending for 30 days)
28) 99-10 Change of Zone 3129 - App. of Lincoln Federal Savings Bank
for a change from R-3 Residential to O-3 Office Park on
property generally located at 77th St. & Pioneers Blvd.
(2/22/99 - Placed on Pending)
29) 99-23 Creating Water Dist. 1178 in W. Adams St. from NW 53rd St.
to NW 56th St. & in NW 56th St. from W. Adams St. south
approx. 550' to the south line of Airport Heights 1st Add.
(In connection w/99-24) (4/5/99 - Placed on Pending)
30) 99-24 Creating Sewer Dist. 1172 from a point located 150' southwest
of W. Kingsley & NW Michael Sts. to the south line of Airport
Heights 1st Add. located 175' west of NW 56th St. (In
connection w/99-23) (4/5/99 - Placed on Pending)
31) 98-193 Amending the corporate limits of the City by annexing one lot
& a portion of another lot generally located NW 56th & W.
Adams Sts. (In connection w/99-24) (4/5/99 - Placed on
Pending)
32) 99-104 Vacating the alley immediately north of W. C St. & West of
SW 1st St. & a portion of the alley immediately south of W.
B St. between SW 1st & S. 1st St. (4/26/99 - Placed on
Pending)
33) 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 until 6/14/99)
34) A.P.. of P.L.P. Limited Liability Co., dba Sun Valley Bar &
Grill for an approx. 10' by 25' addition to their licensed
premises at 200 W. P St. (5/10/99 - Placed on Pending until
the Special Permit comes forward)
35) 99-58 Change of Zone 3167 - A.P.. of College View 7th Day Adventist
Church for a change from R-4 & R-6 Residential to B-3
Commercial on property generally located at S. 49th St.
& Lowell Ave. (6/1/99 - Placed on Pending)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING
ON MONDAY, JUNE 21, 1999:APPROVED, 6-0; COOK ABSENT.
36) 99R-147 Approving the use of public right-of-way by Level 3
Communications for a fiber optics cable installation in S.W.
40th St. south of W. "O" St. & at several locations along Sun
Valley Blvd. & Cornhusker Hwy.
37) 99R-161 Waiving the design standards requiring sidewalks in the Time
Warner Addition Admin. Final Plat on property located along
the east side of N. 10th St., south of Oak St., immediately
north of Oak Creek.
38) 99R-162 Approving an Interlocal Agrmt. between the City of Lincoln &
Lancaster County providing for the improvement of Yankee Hill
Rd. between 14th St. & 27th St.
39) 99R-163 Reappointing Coleen Seng to the Railroad Transportation
Safety Dist. Board of Directors for a term expiring Aug. 31,
2000.
40) 99R-164 Appointing Jon Camp & Jonathan Cook to the Railroad Transpor-
tation Safety Dist. Board of Directors for a term expiring
Aug. 31, 2000.
41) 99R-165 Appointing Jeff Fortenberry to the Advisory Defense Council
for a 2-year term expiring June 30, 2001.
42) 99R-166 Appointing Jerry Shoecraft to the Parks & Recreation Advisory
Board for a term expiring April 30, 2000.
43) 99R-167 Appointing Jonathan Cook to the Community Development Task
Force for a term expiring Aug. 31, 2002.
44) 99R-168 Appointing Jon Camp to the Public Building Commission for a
term expiring Aug. 1, 2001.
45) 99R-169 Appointing Jon Camp & Jerry Shoecraft to the Internal Audit
Review Committee. Terms are unspecified.
(RULES SUSPENDED TO HAVE PUBLIC HEARING & ACTION ON
6/21/99, 7-0)
46) 99R-170 Appointing Annette McRoy to fill the unexpired 3-year term
of Jerry Shoecraft on the Multicultural Advisory Committee.
Term to expire 9-18-99. (RULES SUSPENDED TO HAVE PUBLIC
HEARING & ACTION ON 6/21/99, 7-0)
47) 99R-171 The reappointment of Cindy Johnson & Coleen Seng to the Joint
Budget Committee. Cindy Johnson to a one-year term to expire
8-31-2000 and Coleen Seng to a two-year term to expire
8-31-2001. (RULES SUSPENDED TO HAVE PUBLIC HEARING & ACTION
ON 6/21/99, 7-0)
48) 99R-172 Appointing Jeff Fortenberry to fill the unexpired term of
Curt Donaldson on the District Energy Corporation Board.
Term to expire 12-31-2000. (RULES SUSPENDED TO HAVE PUBLIC
HEARING & ACTION ON 6/21/99, 7-0)
49) 99R-173 To confirm Don Herz as City of Lincoln Finance Director.
(RULES SUSPENDED TO HAVE PUBLIC HEARING & ACTION ON
6/21/99, 7-0)
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 2:34 P.M.
13) MISCELLANEOUS REFERRALS
Reports from City Treasurer of Telecomm. Occ. Tax due as follows:
Feb. & March, 1999: Excel Telecomm..; April, 1999:
Equalnet Corp., EclipseTelecomm., Aliiant, ATS, LCIInt'l. ;
May, 1999: One Call Comm. (PLACED ON FILE)
Report of UNL Microbiologist for water testing for the month of May,
1999. (PLACED ON FILE)
Petition to Vacate Public Way the west 13 ft.of 8th St. from a point
13 ft.north of the south line of N St. to a point 17 ft. south of the
north line of M St.; the south 13 ft. of N St. from the west line of
8th St. to a point 20 ft. west of the west line of 8th St.; & the
north 17 ft. of M St. from a point 13 ft. east of the west line of 8th
St. to the west boundary line of Lot 9, Blk 71, Original Plat of the
City of Lincoln, Lancaster County, NE extended south 17 ft. signed by
Midwest Steel Works, Inc., Thomas Tiedgen, President.
(REFERRED TO LAW DEPT.)
Formal Paving Petition for Paving Dist. No. 2616 for 72nd St. from
Havelock Ave. to Morrill Ave. signed by Mark A. Heffner.
(REFERRED TO LAW DEPT.)
Setting Hearing Date of Mon., June 28, 1999, at 1:30 p.m. on the App.
of Minliner Corp. dba "Parkway Lanes & Pub", 2555 South 48th St. for a
Retail Liquor Catering License". (ADOPTED, 7-0; A-79532)
Setting Hearing Date of Mon., June 28, 1999, at 1:30 p.m. on the App.
of Concord Neighborhood Corp. dba "Applebee's Neighborhood Grill & Bar"
for a Retail Class I Liquor License at 3951 N. 27th St.
(ADOPTED, 7-0; A-79533)
Setting Hearing Date of Mon., June 28, 1999, at 1:30 p.m. on the Man.
App. of Donna M. Kahler for Concord Neighborhood Corp. dba "Applebee's
Neighborhood Grill & Bar" at 3951 N. 27th St. (ADOPTED, 7-0; A-79534)
Setting Hearing Date of Mon., June 28, 1999, at 1:30 p.m. on the Man.
App. of Nicholas Steinbach for Hy Vee Inc., dba "Hy Vee Food Store #1
at 6919 O St. (ADOPTED, 7-0; A-79535)
Setting Hearing Date of Mon., June 28, 1999, at 1:30 p.m. on the Man.
App. of Nicholas Steinbach for Hy Vee Inc. dba "Hy Vee Food Store #2"
at 2343 N 48th St. (ADOPTED, 7-0; A-79536)
Setting Hearing Date of Mon., June 28, 1999, at 1:30 p.m. on the Man.
App. of Nicholas Steinbach for Hy Vee Inc. dba "Hy Vee Food Store #3"
at 5020 N. 27th St. (ADOPTED, 7-0; A-79537)
Setting Hearing Date of Mon., June 28, 1999, at 1:30 p.m. on the Man.
App. of Nicholas Steinbach for Hy Vee Inc. dba "Hy Vee Food Store
#4" at 6001 Village Dr. (ADOPTED, 7-0; A-79538)
Setting Hearing Date of Mon., June 28, 1999, at 1:30 p.m. on the Man.
App. of Nicholas Steinbach for Hy Vee Inc. dba "Hy Vee Food Store #5"
at 7151 Stacy Lane. (ADOPTED, 7-0; A-79539)
City Council
Agenda History