City Council
Agenda
ACTION From The Regular City Council Meeting Held
Monday, November 1, 1999 At 1:30 p.m.
ALL MEMBERS PRESENT.
NOTE: MON., NOV. 22, 1999 WILL BE THE CITY COUNCIL 6:30 P.M. MEETING
PUBLIC HEARING LIQUOR LICENSES
1) App. of Sushi Factory, Inc. dba Sushi Factory for a Class I
liquor license at 239 N. 14th St.
(ADOPTED FOR APPROVAL, 7-0; A-79818.)
2) Man. App. of Steve T. Yuan for Sushi Factory, Inc. dba Sushi
Factory at 239 N. 14th St. (ADOPTED FOR APPROVAL, 7-0;
A-79819.)
3) App. of Lincoln Firefighters Local #644 Reception Hall,
L.L.C. for a Class I liquor license at 241 Applecreek Rd.
(PUB. HEARING CONT'D & ACTION DELAYED 1 WEEK TO 11/1/99,
7-0.)
4) Man. App. of Ormand Bernard Plautz for Lincoln Firefighters
Local #644 Reception Hall, L.L.C. at 241 Applecreek Rd.
(PUB. HEARING CONT'D & ACTION DELAYED 1 WEEK TO
11/1/99, 7-0.)
5) Man. App. of Anthony John Messineo for Valentino's of
Lincoln, Inc. dba Valentino's at 2701 S. 70th St.
(ADOPTED FOR APPROVAL, 7-0; A-79820.)
PUBLIC HEARING ORDINANCES - 2ND READING
(ITEMS 6 THRU 8 HAD PUBLIC HEARING.)
6) 99-128 Amending the corporate limits of the City by annexing approx.
40 acres of property generally located at S. Coddington Ave.
& W. Van Dorn St. (In connection w/99R-312)
7) 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.
8) 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.
PUBLIC HEARING - ORDINANCE - 3RD READING
9) 99-125 Change of Zone 3205 - App. of Michael Benes for a P.U.D.
for 31,500 sq. ft. of commercial space & a change 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 Residential
to I-1 Industrial PUD on property generally located at 722
Hill St. (10/25/99 - Pub. Hearing cont'd to 11/1/99 w/3rd
Reading) (PUB. HEARING CONT'D W/3RD READING FOR 1 WEEK TO
11/8/99, 7-0.)
10) 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)
(PLACED ON PENDING, 7-0.)
PUBLIC HEARING - RESOLUTIONS
11) App. of Pius X High School Booster Club - B.O.L.T. to
conduct a lottery within the City of Lincoln from Jan. 29
to April 29, 2000. (ADOPTED, 7-0; A-79821.)
12) 99R-287 Use Permit 56E - App. of Kieffer & Co., Inc. 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)
(LOST, 0-7; #38-4318.)
13) 99R-310 Appointing Pat Egan to the Auditorium Advisory Board to fill
an unexpired term expiring August 31, 2002.
(ADOPTED, 7-0; A-79822.)
14) 99R-311 Appointing Karen Hand to the Parks & Recreation Advisory
Board to fill an unexpired term expiring April 27, 2001.
(ADOPTED, 7-0; A-79823.)
15) 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)
(ACTION DELAYED 1 WEEK TO 11/8/99, 7-0.)
16) 99R-313 Special Permit 1795 - App. of Sprint PCS to construct an
85' monopole tele-communications tower adjacent to an
existing sand elevator on property generally located at
923 N. 23rd St. (Appeal of Sprint PCS from Planning
Commission condition). (PUB. HEARING CONT'D & ACTION DELAYED
FOR 1 WEEK TO 11/8/99, 7-0.)
17) 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)
(AMENDED, 7-0; ADOPTED, 7-0; A-79824.)
18) 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) (ADOPTED, 7-0; A-79825.)
19) 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.
(AMENDED TO EXCLUDE CLAIM OF PARKVIEW APARTMENTS, TO HAVE
ACTION IN ONE WEEK, ALL OTHERS ADOPTED, 7-0; A-79826.)
20) 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.
(ADOPTED, 7-0; A-79827.)
21) 99R-318 Approving the official intent of the City, pursuant to IRS
code, to reimburse the costs of constructing certain
improvements to the City's Solid Waste Management & Disposal
System by issuing solid waste management revenue bonds.
(ADOPTED, 7-0; A-79828.)
PETITIONS & COMMUNICATIONS
22) MISCELLANEOUS REFERRALS
Setting hearing date of Mon., Nov. 15, 1999, at 1:30 p.m.
on the App. of Blue Heron, Inc. dba Blue Heron Wine Bar &
Bistro for a Retail Class C Liquor License at 555 S. 48th,
#F. (ADOPTED, 7-0; A-79829.)
Report from City Treasurer of Telecomm. Occ. Tax due for
the month of Sept., 1999 from: AT&T Comms. of the Midwest,
Coast Internat'l, Frontier Comms. Services, & Network
Billing Systems. (PLACED ON FILE)
Lincoln Water & Wastewater System Recapitulation of Daily
Cash Receipts for Oct. 1999. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
23) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on Oct. 18, 1999. (PLACED ON FILE)
24) Investment of Funds. (ADOPTED, 7-0; A-79830.)
25) Assessment Resolutions for Downtown Core & Perimeter
Management & Enhancement Dist. & Downtown Maintenance Dist.
for Board of Equalization, Mon., Nov. 8, 1999, at 10:00 a.m.
(ADOPTED, 7-0.)
26) Request of Public Works to set the hearing date of Mon.,
Nov. 22, 1999 at 6:30 p.m. & place on the formal City
Council Agenda the following:
99R-326 To provide the authority to construct a Paving
Unit on 72nd St. from Havelock Ave. to Morrill
Ave. (APPROVED, 7-0.)
27) Reports from City Treasurer of Telecomms. Occ. Tax as
follows: Final Return: Long Distance International;
Sept. & Oct., 1999: Executive Answering Service;
Sept., 1999: Nxtel West Corp., Sprint Comm. Co.,
Shaffer Comms., Association Administrators, & I-Link Comms.
(PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 28 THRU 31 HAD 1ST READING.)
28) 99-131 Change of Zone 3211 - App. of McDonald's Corp. to amend
§27.69.240 of the LMC to increase the area of menu
board signs.
29) 99-132 Amending the corporate limits of the City by annexing
approx. 10 acres of property generally located 1/3 mile
south of 84th & Old Cheney Rd.
30) 99-133 Amending Chapter 9.16 of the LMC by adding a new section
numbered 9.16.185 to make it unlawful for any person to
intentionally, knowingly, or recklessly spit or expectorate
upon another person.
31) 99-134 Amending §2.04.020 of the LMC to prohibit the use of
any mobile, portable, or wireless communication device in
any meeting of the City Council.
ORDINANCES - 3RD READING (AND RELATED RESOLUTIONS - HAD PUB. HEARING)
32) 99-121 Change of Zone 3162 - App. of David Chambers for a change
from R-3 Residential to AG Agricultural & from AG Agri-
cultural to R-3 Residential on pro-perty generally located
at NW 56th St. south of W. Adams St. (In connection
w/99-122, 99R-298, 99R-299, 99R-300, 99R-307)
(PASSED, 7-0; #17565.)
33) 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 connection w/99-121, 99R-298,
99R-299, 99R-300, 99R-307) (PASSED, 7-0; #17566.)
34) 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 NW 56th St. & W. Adams St. (In connection w/99-121,
99-122, 99R-299, 99R-300, 99R-307) (10/25/99 - Action
delayed 1 week to 11/1/99) (ADOPTED, 7-0; A-79831.)
35) 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 dwel-ling units on
property generally located at NW 56th St. & W. Adams St.
(In connection w/99-121, 99-122, 99R-298, 99R-300, 99R-307)
(10/25/99 - Action delayed 1 week to 11/1/99)
(ADOPTED, 7-0; A-79832.)
36) 99R-300 Accepting & approving the Pre. Plat of View Pointe West on
property generally located at NW 56th St. south of W. Adams
St., & waiving the requirements for street paving for NW
56th St., block length to exceed 1.320', & a low flow liner
requirement. (In connection w/99-121, 99-122, 99R-298,
99R-299, 99R-307) (10/25/99 - Action delayed 1 week to
11/1/99) (ADOPTED, 7-0; A-79833.)
37) 99R-307 Approving an annexation agreement between the City & David
Chambers with regard to the annexation of approx. 60 acres
of land generally located at NW 56th St. south of W. Adams
St. (In connection w/99-121, 99-122, 99R-298, 99R-299,
99R-300) (10/25/99 - Action delayed 1 week to 11/1/99)
(ADOPTED, 7-0; A-79834.)
38) 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)
(10/25/99 - Removed from Pending for action on 11/1/99)
(INDEFINITELY POSTPONED, 7-0; #38-4319.)
39) 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) (10/25/99 - Removed from Pending for action on
11/1/99) (INDEFINITELY POSTPONED, 7-0; #38-4320.)
40) 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) (10/25/99 - Removed from Pending for action on
11/1/99) (INDEFINITELY POSTPONED, 7-0; #38-4321.)
41) 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)
(MOTION TO PLACE ON PENDING, LOST, 3-4; FORTENBERRY, MCROY,
& COOK ASSENTING; PASSED, 4-3; FORTENBERRY, MCROY & COOK
DISSENTING; #17567.)
42) 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)
(PASSED, 7-0; #17568.)
43) 99R-301 Accepting & approving the Pre. Plat of North Hills on
property generally loca-ted 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. (In connection w/99-123, 99-124)
(10/25/99 - Action delayed 1 week to 11/1/99)
(ADOPTED, 7-0; A-79835.)
44) 99-126 Vacating portions of "M", "N", & S. 8th Sts. between "M"
& "N" Sts. on the west side of S. 8th St.
(PLACED ON PENDING, 7-0.)
45) 99-127 Vacating a portion of the north-south alley generally
located between N. 49th & N. 50th Sts. & Madison & St. Paul
Avenues. (PASSED, 7-0; #17569.)
46) 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) (10/25/99 - Rmoved from
Pending for action on 11/1/99) (PASSED, 7-0; #17570.)
47) 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) (10/25/99 - Removed from Pending for action on
11/1/99) (PASSED, 7-0; #17571.)
PENDING LIST (EXTENDED ONE WEEK.)
48) 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)
49) 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)
50) 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)
51) 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)
52) 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)
53) 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)
54) 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)
55) 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)
56) 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)
57) 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)
58) 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)
59) 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)
60) 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)
61) 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)
62) 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)
63) 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. (10/25/99 - Placed on Pending)
64) Man. App. of Jon Mackey for Famous Dave's Ribs-U, Inc. dba
Famous Dave's at 2750 Pine Lake Rd. (10/25/99 - Placed on
Pending for Report)
Continuation of Action
City Council
Agenda History