ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 24, 1999 AT 1:30 P.M.
ALL MEMBERS PRESENT.
NOTE: NEXT REGULAR CITY COUNCIL MEETING, TUES., JUNE 1, 1999, AT 6:30P.M.
1) App. of Maria Guadalupe Rico dba Rico's Mexican Restaurant to
move the Class J liquor license from its present location at
3404 W. 13th St., Grand Island, NE to 6112 Havelock Ave.,
Lincoln, NE. (ADOPTED FOR APPROVAL, 7-0; A-79492.)
2) App. of Havelock Business Assoc. for a special designated
license (SDL) covering an area located on Havelock Ave.
between 61st & 63rd Sts. on June 12, 1999 from 4:00 p.m. to
1:00 a.m. (ADOPTED FOR APPROVAL, 7-0; A-79493.)
3) App. of Shilar, Inc. dba Speakeasy for a SDL covering a
parking lot area measuring approx. 62' by 88' at 3233 ½
S. 13th St. on June 4, 1999 from 6:00 p.m. to 12:00 midnight.
(ADOPTED FOR APPROVAL, 7-0; A-79494.)
4) App. of Buster Barbeque & Brew for a SDL covering an area
measuring approx. 75' by 110' at 2435 S. 48th St. on June
26, 1999 from 11:00 a.m. to 1:00 a.m. or on the rain date
of June 27, 1999. (ADOPTED FOR APPROVAL, 7-0; A-79495.)
5) App. of Shrine Bowl of Nebraska, Inc. for a SDL covering an
area measuring 50' by 100' at 701 N. 10th St. on July 24,
1999 from 2:30 p.m. to 5:30 p.m.
(ADOPTED FOR APPROVAL, 7-0; A-79496.)
ORDINANCES - 2ND READING (ITEMS 6 THRU 10 HAD PUBLIC HEARING.)
6) 99-56 Vacating the east-west alley in Block 250, Original Plat
of Lincoln, generally located between "O", "P", 2nd & 3rd Sts.
7) 99-57 Change of Zone 3165 - App. of Christian Retirement Homes,
Inc. for a change from O-2 Suburban Office to R-6 Residential
on property generally located at 6315 "O" St. (In connection
8) 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.
9) 99-59 Change of Zone 3176 - App. of the Planning Director to amend
§27.63.530 of the LMC to permit an adjustment to the
building height & yards for domiciliary care facilities.
(In connection w/99-57, 99R-141)
10) 99-60 Authorizing a transfer of appropriations within the Sanitary
Sewer Construction Fund to fund the construction &
professional services for construction administration for
the Theresa St. Laboratory HVAC Improvements.
PUBLIC HEARING - RESOLUTIONS
11) 99R-141 Special Permit 552B - App. of Christian Retirement Homes,
Inc. to expand the Eastmont Tower Retirement Housing by
adding 41 assisted living units, 30 elderly dwelling units,
& associated garage stalls, laundry facility, chapel/multi-
purpose room, sky walk, & parking spaces, & to adjust the
height of the assisted living & elderly housing buildings
from 35' to 45', on property generally located at 6315 "O"
St. (In connection w/99-57, 99-59)
(ACTION DELAYED 1 WEEK TO 6/1/99, 7-0.)
12) 99R-142 Approving an Agrmt. between the City & the Ponca Indian
Tribe providing that certain federal land generally located
at 17th & E Sts. be regulated by certain provisions of the
LMC. (ADOPTED, 7-0; A-79497.)
13) 99R-150 Approving the appointment of Michael L. Spadt to the
position of Fire Chief effective May 24, 1999. (RULES
SUSPENDED TO PLACE THIS ITEM ON THE AGENDA FOR PUB. HEARING
& ACTION ON THIS DATE, 7-0; ADOPTED, 7-0; A-79498.)
14) 99R-151 Approving the appointment of Michael L. Merwick to the
position of Director of Building & Safety effective May 24,
1999. (RULES SUSPENDED TO PLACE THIS ITEM ON THE AGENDA FOR
PUB. HEARING & ACTION ON THIS DATE, 7-0; ADOPTED, 6-1;
FORTENBERRY DISSENTING; A-79499.)
PETITIONS & COMMUNICATIONS
15) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
16) Clerk's Letter & Mayor's Approval of Ordinances & Resolutions
passed on May 10 & May 17, 1999. (PLACED ON FILE)
17) Investment of Funds. (ADOPTED, 7-0; A-79501.)
18) Report from City Treasurer of Telecomm. Occ. Tax due for the
month of April, 1999 from Phoenix Network, Inc.
(PLACED ON FILE)
ORDINANCES - 1ST READING - NONE
ORDINANCES - 3RD READING - NONE
PENDING LIST (EXTENDED 1 WEEK. SEE ITEMS 32, 33, & 34.)
19) 94R-361 Ordering Construction of Paving Unit 123 in N St. between
1st & 2nd Sts. (12/19/94 - Placed on Pending)
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
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
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) 99-43 Approving increases in the Health Dept. Food Handler Permit
fees up to $10 & Food Establishment Annual Renewal Fees from
$135 to $170. (4/26/99 - Public Hearing Delayed to 6/1/99)
(REMOVED FROM PENDING FOR PUB. HEARING & 2ND READING ON
33) 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) (4/26/99 - Public Hearing
Delayed to 6/1/99) (REMOVED FROM PENDING FOR PUB.
HEARING & 2ND READING ON 6/1/99, 7-0.)
34) 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) (4/26/99 - Public
Hearing Delayed to 6/1/99) (REMOVED FROM PENDING FOR PUB.
HEARING & 2ND READING ON 6/1/99, 7-0.)
35) 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
36) 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)
37) App. 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)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING
ON TUESDAY, JUNE 1, 1999:(APPROVED, 7-0.)
38) 99R-146 Accepting the report of new & pending tort claims against the
City & approving disposition of claims set forth therein
for the period of May 1 through 15, 1999.
39) 99R-148 Approving an amendment to Special Permit 1725 to allow the
City's letter of acceptance to be filed more than 30 days
40) 99R-149 Approving an amendment to Use Permit 66C to allow the City's
letter of acceptance to be filed more than 30 days after
ADJOURNMENT 3:30 P.M.
Hearing Date of Tues., June 1, 1999 at 6:30 P.M. on the App. of
Corporate Golf Marketing, Inc. dba "Yankee Hill Country Club" for
a Liquor Catering License at 7600 San Mateo Lane.
Hearing Date of Tues., June 1, 1999 at 6:30 P.M. on the Man. App. of
David Meyer for Lonestar Steakhouse & Saloon of Nebraska, Inc. at 200
15) MISCELLANEOUS REFERRALS
Reports from City Treasurer of Telecomm. Occ. Tax due for the month
of April, 1999 from: Business Telecom, Intellicall Operator Services.
(PLACED ON FILE)
Report from City Treasurer of Franchise Fee due for the month of
April, 1999 from Utilicorp United aka Peoples Natural Gas.
(PLACED ON FILE)
THE FOLLOWING WERE REFERRED TO PLANNING:
Special Permit 1762 - App. of Robert Dean for a CUP w/954 dwelling
units on property at 98th & Old Cheney.
Change of Zone 3168 - App. of Robert Dean for a change from AG to R-3
on property at 98th & Old Cheney.
Change of Zone 3186 - App. of Near South Neighborhood Assoc. for a
text amendment to Chapter 27.21.020 (h), R-6 Residential Dist., to
remove Boarding & Lodging Houses.
Change of Zone 3185 - App. of First Assembly of God Church for a change
from R-2 to O-3 on property located at 340 N. 56th.
Change of Zone 3183 - App. of Olivia & David Harrison for a change
from R-2 to O-3 on property at 8030 O St.
Change of Zone 3182 - App. of B & J Partnership for a change from R-2
to P & R-2 to B-2 on property located at Coddington & W. A St.
Use Permit 118 - App. of B & J Partnership to construct a neighborhood
shopping center on property located at Coddington & W. A St.
Special Permit 1775 - App. of Gregory Holloway to expand the club
parking into Lot 4 on property at 70th & Seward.
Setting hearing date of Mon., June 7, 1999, at 1:30 p.m. on the App.
of Chace Enterprises, Inc. dba Silver Spoke Saloon for a Retail Class
C Liquor License at 1031 M St. (ADOPTED, 7-0; A-79500.)