City Council
Agenda
ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 25, 1999 AT 6:30 P.M.
ALL MEMBERS PRESENT EXCEPT FORTENBERRY
PUBLIC HEARING
LIQUOR LICENSES
1) App. of TTM Inc. dba Mouse's Library for an addition to its Class
C liquor license of an area approx. 50' by 53' to the south at
1644 P St. (10/18/99 - Public Hearing Con. to 10/25/99)
(ADOPTED FOR APPROVAL, 6-0; A-79801)
2) App. of O'Fourteen, Inc. dba Woody's Pub for a Class C liquor
license at 101 N. 14th St., #6.
(ADOPTED FOR APPROVAL, 6-0; A-79802)
3) Man. App. of Brian J. Linderman for O'Fourteen, Inc. dba Woody's
Pub at 101 N. 14th St., #6. (ADOPTED FOR APPROVAL, 6-0; A-79803)
4) App. of Famous Dave's Ribs-U, Inc. dba Famous Dave's for a Class
I liquor license at 2750 Pine Lake Rd.
(ADOPTED FOR APPROVAL, 6-0; A-79804)
5) Man. App. of Jon Mackey for Famous Dave's Ribs-U, Inc. dba
Famous Dave's at 2750 Pine Lake Rd. (PLACED ON PENDING, 6-0)
PUBLIC HEARING ORDINANCES - 2ND READING
(ITEMS 6 THRU 12 HAD PUBLIC HEARING. SEE ITEM #10)
6) 99-121 Change of Zone 3162 - App. of David Chambers for a change
from R-3 Residential to AG Agricultural & from AG
Agricultural to R-3 Residential on property generally
located at NW 56th St. south of W. Adams St. (In connection
w/99-122, 99R-298, 99R-299, 99R-300, 99R-307)
7) 99-122 Amending the corporate limits of the City by annexing
approx. 60 acres of property generally located at NW 56th
St. south of W. Adams St. (In con-nection w/99-121,
99R-298, 99R-299, 99R-300, 99R-307)
8) 99-123 Change of Zone 3174 - App. of Southview Inc. & Ridge
Development Co. for a change from R-3 Residential to B-2
Planned Neighborhood Business on property generally located
at N. 14th & Morton Sts. (In connection w/99-124, 99R-301)
9) 99-124 Change of Zone 3175 - App. of Southview Inc. & Ridge
Development Co. for a change from B-2 Planned Neighborhood
Business to R-3 Residential on property generally located
at N. 14th & Morton Sts. (In connection w/99-123, 99R-301)
10) 99-125 Change of Zone 3205 - App. of Michael Benes for a Planned
Unit Development for 31,500 sq. ft. of commercial space & a
change of zone from P Public to R-2 Residential PUD, from
I-1 Industrial to R-2 Residential PUD, P Public to I-1
Industrial PUD, from I-1 Industrial to I-1 Industrial PUD,
& from R-2 Residen-tial to I-1 Industrial PUD on property
generally located at 722 Hill St.
(PUB. HEARING CONT. TO 11/1/99, 6-0)
11) 99-126 Vacating portions of "M", "N", & S. 8th Sts. between "M" &
"N" Sts. on the west side of S. 8th St.
12) 99-127 Vacating a portion of the north-south alley generally
located between N. 49th & N. 50th Sts. & Madison & St. Paul
Avenues.
PUBLIC HEARING - RESOLUTIONS
13) App. of Parish of North American Martyrs to conduct a raffle
within the City of Lincoln from October 13, 1999 through
November 20, 1999. (ADOPTED, 6-0; A-79805)
14) 99R-296 Approving the distribution of funds representing interest
earnings on short-term investments of Idle Funds for the
fiscal year ending 8/31/99 (ADOPTED, 6-0; A-79806)
15) 99R-297 Approving the StarTran Rate Schedule for an increase of Ride
N Shop fare from 37.5¢ to 40¢. (ADOPTED, 6-0; A-79807)
16) 99R-298 Comp. Plan Amend. 94-39 - Amending the 1994 Comp. Plan to
extend the Future Service Limits & to change the future land
use from Agricultural to Urban Residential & from Urban
Residential to Agricultural, on property generally located
at N.W. 56th St. & W. Adams St.
(ACTION DELAYED ONE WEEK TO 11/1/99, 6-0)
17) 99R-299 Special Permit 1740 - App. of David Chambers to develop View
Pointe West C.U.P. consisting of 178 single family dwelling
units & 140 multi-family dwelling units on property
generally located at N.W. 56th St. & W. Adams St.
(ACTION DELAYED ONE WEEK TO 11/1/99, 6-0)
18) 99R-300 Accepting & approving the Pre. Plat of View Pointe West on
property generally located at N.W. 56th St. south of W.
Adams St., & waiving the requirements for street paving for
N.W. 56th St., block length to exceed 1.320', & a low
flow liner requirement.
(ACTION DELAYED ONE WEEK TO 11/1/99, 6-0)
19) 99R-307 Approving an annexation agreement between the City & David
Chambers with regard to the annexation of approximately 60
acres of land generally located at N.W. 56th St. south of
W. Adams St. (ACTION DELAYED FOR ONE WEEK TO 11/1/99, 6-0)
20) 99R-301 Accepting & approving the Pre. Plat of North Hills on
property generally located at N. 14th & Morton Sts., & a
waiver of the design standards to permit block length to
exceed 1200', allowing large medians for cul-de-sacs,
requiring an outlot to front upon a street, & a low flow
liner requirement.
(ACTION DELAYED FOR ONE WEEK TO 11/1/99, 6-0)
21) 99R-302 Accepting & approving the Pre. Plat of High Pointe North
Commercial Center on property generally located at N. 27th
St. & Wildcat Dr. (ADOPTED, 6-0; A-79808)
22) 99R-303 Waiving the subdivision requirement for a 3 to 1 depth to
width ratio for Lot 2, Ernst Subdivision, generally located
on the east side of S. 112th St., ½ mile south of "O" St.
(ADOPTED, 6-0; A-79809)
23) 99R-304 Waiving the design standards in Hendrick's 3rd Add. for
installation of sidewalks, street trees, & the 3 to 1 depth
to width ratio on property generally located on the south
side of Cornhusker Hwy. & west side of S. 70th St.
(ADOPTED, 6-0; A-79810)
24) 99R-305 Special Permit 277F - App. of Richard Penn to amend the Pine
Lake C.U.P. to allow a reduction in the side yard setback
from 15' to 10', on property generally located on Perry
Cir. in Pine Lake 4th Add.. (ADOPTED, 6-0; A-79811)
25) 99R-306 Special Permit 1801 - App. of Robert L. Frerichs for
authority to sell alcoholic beverages for consumption off
the premises at 2633 Randolph St.
(AMENDED, 6-0; LOST, 0-6; #38-4317)
26) 99R-308 Approving a 3-yr. Financial Consulting Service Agrmt.
between the City & Ameritas Investment Corp.
(ADOPTED, 6-0; A-79812)
27) 99R-309 Assessing premise clearance costs associated with the
clearing of public nuisances to the following benefitted
properties: 4419 Cleveland, 4342 Madison, 2827 U, 815-817
Plum, 3435 R, 4009 Everett, 4806 W. Benton, 3092 T, 621 N.
70th, 727 C, 6421 Holdrege, 5335 Stockwell, 1321 S. 27th.
(ADOPTED, 6-0; A-79813)
PETITIONS & COMMUNICATIONS
28) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
29) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on Oct. 11, 1999. (PLACED ON FILE)
30) Investment of Funds. (ADOPTED, 6-0; A-79817)
31) Report from City Treasurer of Cash on Hand at the close of
business Sept. 30, 1999. (PLACED ON FILE)
32) Report of City Treasurer of Telecomm. Occ. Tax due for the
month of July, 1999: Airtime SMR, AmeriVision, Opex; Aug.,
1999: Airtime SMR, AmeriVision, Opex; Sept., 1999:
Airtime SMR, AmeriVision, Opex; Oct., 1999: Destia,
Western Union, Intellicall, Winstar Wireless, Frontier,
Operator Comm. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 33 THRU 35 HAD 1ST READING)
33) 99-128 Amending the corporate limits of the City by annexing
approximately 40 acres of property generally located at S.
Coddington Ave. & W. Van Dorn St. (In connection w/99R-312)
34) 99-129 Change of Zone 3134A - App. of Judy Fricke to amend the
Willow Springs P.U.D. to reduce the side yard from 10' to
5' in the area zoned R-1, on property generally located at
S. 78th St. & Pioneers Blvd.
35) 99-130 Change of Zone 67HP - App. of Sigma Chapter House of Kappa
Kappa Gamma Sorority for a landmark designation for the
Kappa Kappa Gamma Sorority House at 616 N. 16th St.
ORDINANCES - 3RD READING
36) 99-118 Amending Chapter 9.44 of the LMC to allow the sale & use of
fireworks for the year 2000 celebration. (AMENDED, 6-0;
PASSED AS AMENDED, 6-0; #17563)
37) 99-119 Approving a 50-year Easement Agrmt. between the City & the
Dept. of the Army on the Ashland-Army National Guard Camp
property in Saunders County, Nebraska.
(PASSED, 6-0; #17564)
38) 99-120 Vacating the westerly 25' of N. 8th St. lying between P & Q
Sts. & the south 8' of Q St. adjacent to Lot 1, Candy
Factory Subdivision. (PLACED ON PENDING, 4-2; JOHNSON &
SHOECRAFT DISSENTING)
PENDING LIST (EXTENDED 1 WEEK. SEE ITEMS 41, 47, 48, 49, 56, 57, 58)
39) 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)
40) 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)
41) 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) (10/18/99 - Re-Scheduled
for Pub. Hearing & 3rd Reading on 11/1/99) (REMOVED FROM
PENDING TO HAVE PUB. HEARING & 3RD READING ON 11/1/99, 6-0)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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)
(REMOVED FROM PENDING TO HAVE 3RD READING ON 11/1/99, 6-0)
48) 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)
(REMOVED FROM PENDING TO HAVE 3RD READING ON 11/1/99, 6-0)
49) 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) (REMOVED FROM PENDING TO HAVE 3RD READING ON
11/1/99, 6-0)
50) 99R-134 Approving a recommendation that the Mayor amend Administra-
tive Regulation #9 to allow for t he creation & implementa-
tion of a take-home vehicle program for police officers in
targeted revitalization strategy areas. (5/10/99 - Placed
on Pending)
51) 99-58 Change of Zone 3167 - App. 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)
52) 99R-152 Authorizing acquisition of property contiguous with other
city of Lincoln property in Sarpy County east of the Platte
River. (6/28/99 - Action delayed for 3 weeks w/Pub. Hearing
on 7/19/99) (7/12/99 - To remain on Pending indefinitely)
53) 99-82 Change of Zone 3187 - Amending Chapter 27.69 of the LMC to
amend the sign ordinance to require 800' between off-premise
signs. (7/26/99 - Placed on Pending till 2/1/2000)
54) 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)
55) 98-104 Vacating the alley north of W. C St. & west of SW 1st St.
(9/7/99 - 2nd Sub. Ord. Accepted. Placed on Pending)
56) 99-113 Amending pay schedules of employees whose classifications
are assigned to the pay range prefixed by the letter "C" by
creating the job classifications of "Associate Engineering
Specialist" & "Engineering Specialist" & amending pay
schedules of employees whose classifications are assigned
to the pay range pre-fixed by the letter "A" by adding the
job classification of "Senior Engineering Specialist."
(10/4/99 - Placed on Pending) (REMOVED FROM PENDING TO HAVE
3RD READING ON 11/1/99, 6-0)
57) 99-114 Amending pay schedules of employees whose classifications
are assigned to the pay range prefixed by the letter "M" by
creating the job classifications of "Associate Engineering,"
"Engineer," & "Senior Engineer." (10/4/99 - Placed on
Pending) (REMOVED FROM PENDING TO HAVE 3RD READING ON
11/1/99, 6-0)
58) 99R-287 Use Permit 56E - App. of Kieffer & Co., Inc. to amend Use
Permit 56 to allow a 265.3 sq. ft. pole sign on property
generally located at the northeast corner of the intersection
of N. 27th St. & Cornhusker Hwy. (10/11/99 - Placed on
Pending until 11/1/99 for Pub. Hearing & Action)
(REMOVED FROM PENDING TO HAVE PUB. HEARING & 3RD READING ON
11/1/99, 6-0)
59) 99R-289 Comp. Plan Amendment 94-38 - App. of the Planning Director
to incorporate the Beal Slough Basin Stormwater Master Plan
by reference as an approved component of the Comprehensive
Plan. (10/11/99 - Placed on Pending)
60) 99-116 Change of Zone 3208 - App. of the Planning Director to delete
the 50' Building Line Dist. along the north side of Pioneers
Blvd. abutting Lot 2, Brockemeyer Add., generally located at
S. 84th St. & Pioneers Blvd. (10/18/99 - Placed on Pending)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON MONDAY, NOVEMBER 1, 1999. APPROVED, 6-0
61) 99R-310 Appointing Pat Egan to the Auditorium Advisory Board to
fill an unexpired term expiring August 31, 2002.
62) 99R-311 Appointing Karen Hand to the Parks & Recreation Advisory
Board to fill an unexpired term expiring April 27, 2001.
63) 99R-312 Accepting & approving the Pre. Plat of Lee's Place
consisting of 131 single family dwelling units & two outlots
on property generally located at S. Coddington Ave. & W.
Van Dorn St. (In connection w/99-128)
64) 99R-313 Special Permit No. 1795 - App. of Sprint PCS to construct an
85' monopole telecommunications tower adjacent to an
existing sand elevator on property generally located at 923
N. 23rd St. (Appeal of Sprint PCS from Planning Commission
condition).
65) 99R-314 Use Permit 116 - App. of Northern Lights, L.L.C. & Clayton
Yeutter to construct 216,000 sq. ft. of commercial space on
property generally located at N. 84th & Holdrege Sts.
(In connection w/99R-315)
66) 99R-315 Accepting & approving the Pre. Plat of Northern Lights
Commercial Center consisting of 23 commercial lots & one
outlot on property generally located at N. 84th & Holdrege
Sts. (In connection w/99R-314)
67) 99R-316 Accepting the report of new & pending tort claims against
the City & approving disposition of claims set forth therein
for the period of Oct. 1 through 15, 1999.
68) 99R-317 Approving an Agreement. between the Lincoln Area Agency on
Aging & the Seniors Foundation under which the Foundation
will assist the Agency by providing fundraising services &
support for various senior programs.
69) 99R-318 Approving the official intent of the City, pursuant to IRS
code, to reimburse the costs of constructing certain improve-
ments to the City's Solid Waste Management & Disposal System
by issuing solid waste management revenue bonds.
ADJOURNMENT 9:06 P.M.
UPCOMING HEARINGS
Hearing date of Mon., Nov. 1, 1999, at 1:300 p.m. on the App. of
Lincoln Firefighters Local #644 Reception Hall LLC for a Retail
Class I Liquor License at 241 Applecreek Rd.
Hearing date of Mon., Nov. 1, 1999, at 1:30 p.m. on the App. of Sushi
Factory, Inc. dba Sushi Factory for a Retail Class I Liquor License
at 239 N. 14th St.
Hearing date of Mon., Nov. 8, 1999, at 10:00 a.m. on the Board of
Equalization Meeting for Downtown Core, Perimeter Management &
Enhancement Dists. & Downtown Maintenance Dist. (requires motion)
28) MISCELLANEOUS REFERRALS
Setting hearing date of Mon., Nov. 8, 1999, at 1:30 p.m. on the
request of Benicio Lobo dba "Prisa Mexican Market" to transfer
their liquor license location from 1235 F Street to 1037 L
Street. (ADOPTED, 6-0; A-79814)
Setting hearing date of Mon., Nov. 8, 1999, at 1:30 p.m. on the
request of Empire Restaurants, Inc., Gen. Ptnr. dba "TGI
Friday's" for an addition of their licensed premise at
210 N. 48th Street. (ADOPTED, 6-0; A-79815)
Setting hearing date of Mon., Nov. 8, 1999 at 1:30 p.m. on the
Man. App. of Larry J. Mackey for "Lone Star Steakhouse & Saloon"
at 200 N. 70th. (ADOPTED, 6-0; A-79816)
Report from City Treasurer of Telecommunication Occupation Tax
due for the months of July, Aug., 1999: Touch 1 Comm.; Sept.,
1999: Touch 1 Comm., Sprint, D & D, Long Distance of Michigan,
Nextlink, Stormtel, Tri-M, GTC, Incomnet, RSL Com USA, Equality,
Affinity, Phoenix, UniDial, NOS, Globalcom, Worldtel, Network,
Business Telecom., Inacom, Glyphics, GST, Global, LDM; Oct. 1999:
Nosva. (PLACED ON FILE)
Report from City Treasurer of Franchise Tax for the month of
Sept., 1999 from UtiliCorp. United Gas Co. (PLACED ON FILE)
Affidavit of mailing for Board of Equalization meeting for
Downtown Core and Perimeter Management & Enhancement Dists. &
Downtown Maintenance Dist. (PLACED ON FILE)
City Council
Agenda History
