Action For The Regular City Council Meeting Held
Monday, June 28, 1999 At 1:30 p.m.
NOTE: NEXT REGULAR CITY COUNCIL MEETING WILL BE
TUESDAY, JULY 6, 1999 AT 6:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING LIQUOR RESOLUTIONS
1) Application of Corporate Golf Marketing, Inc. dba "HiMark
Golf Course/Bunkers Sportsbar" for a Class "C" liquor license
at 90th and Augusta Streets.
(ADOPTED FOR APPROVAL, 7-0; A-79561)
2) Manager application of Randall C. Carlson for Golf Marketing,
Inc. dba "HiMark Golf Course/Bunkers Sportsbar" at 90th and
(ADOPTED FOR APPROVAL, 6-0; FORTENBERRY ABSENT; A-79562)
3) Application of Irie, Inc. dba "The Dock" for a Class "C"
liquor license at 140 North 8th Street, 150 The Apothecary.
(AMENDED, 6-0; CONFLICT OF INTEREST: CAMP; ADOPTED FOR
APPROVAL, 6-0; CONFLICT OF INTEREST: CAMP; A-79563)
4) Manager application of James R. Flack III for Irie, Inc. dba
"The Dock" at 140 North 8th Street, 150 The Apothecary.
(ADOPTED FOR APPROVAL, 6-0;
CONFLICT OF INTEREST: CAMP; A-79564)
5) Application of Minliner Corp. dba "Parkway Lanes & Pub" for
a liquor catering license at 2555 South 48th Street.
(ADOPTED FOR APPROVAL, 7-0; A-79565)
6) Application of Concord Neighborhood Corp. dba "Applebee's
Neighborhood Bar & Grill" for a Class "I" liquor license at
3951 North 27th Street.
(AMENDED, 7-0; ADOPTED FOR APPROVAL, 7-0; A-79566)
7) Manager application of Donna M. Kahler for Concord
Neighborhood Corp. dba "Applebee's Neighborhood Bar & Grill"
at 3951 North 27th Street.
(ADOPTED FOR APPROVAL, 7-0; A-79567)
8) Manager application of Nicholas Steinbach for Hy Vee, Inc.
dba "Hy Vee Food Store #1" at 6919 "O" Street, "Hy Vee Food
Store #2" at 2343 North 48th Street, "Hy Vee Food Store #3"
at 5020 North 27th Street, "Hy Vee Food Store #4" at 6001
Village Drive, and "Hy Vee Food Store #5" at 7151 Stacy Lane.
PUBLIC HEARING ORDINANCES - 2ND READING
(ITEMS 9 THRU 10 HAD 2ND READING)
9) 99-66 Deleting the street name of Berggren Cir. located generally
t S. 34th & Otoe Sts.
10) 99-67 Amending §9.36.020 of the LMC to make it unlawful for any
person to sell, loan, or furnish any ammunition or components
thereof to any minor.
(3RD READING DELAYED FOR 2 WEEKS TO 7/12/99, 7-0)
PUBLIC HEARING - RESOLUTIONS
11) 99R-152 Authorizing acquisition of property contiguous with other
city of Lincoln property in Sarpy County east of the Platte
River. (ACTION DELAYED FOR 3 WEEKS TO 7/19/99, 7-0)
12) 99R-143 Appointing David Pauley to the Cable Advisory Board for a
term to expire on 7/01/2000. (ADOPTED, 7-0; A-79568)
13) 99R-144 Appointing Lloyd Mather to the Community Forestry Advisory
Board for a term to expire on 8/17/2001.
(ADOPTED, 7-0; A-79569)
14) 99R-145 Appointing Katherine Marie Ha Ton to the Multicultural
Advisory Committee for a term to expire on 9/18/2000.
(ADOPTED, 7-0; A-79570)
15) 99R-174 Approving an Interlocal Agrmt. between the City & County to
allow the County to participate in the City's Wetlands Bank
Project which is being developed by the City to address
future impact of road construction & maintenance on wetlands.
(ADOPTED, 7-0; A-79571)
16) 99R-175 Accepting the report of new & pending tort claims against
the City & approving disposition of claims set forth therein
for the period of June 1 through June 15, 1999.
(ADOPTED, 7-0; A-79572)
17) 99R-176 Accepting & approving the Pre. Plat of Horizon Business
Center generally located at S. 14th St. & Pine Lake Rd.
(In connection w/99R-177) (PUB. HEARING CONT. ONE WEEK TO
7/6/99 WITH ACTION ON 7/12/99; 5-2, JOHNSON & CAMP
18) 99R-177 Use Permit 117 - App. of South Industrial Park L.L.C.,
Security Mutual Life Insurance Co., Lincoln Public Schools,
& Gary Pickering & John Rallis to develop 529,500 sq. ft. of
industrial, office, & retail uses on property generally
located at S. 14th St. & Pine Lake Rd. (In connection
w/99R-176) (PUB. HEARING CONT. ONE WEEK TO 7/6/99 WITH
ACTION ON 7/12/99; JOHNSON & CAMP DISSENTING)
19) 99R-184 Approving the appointment of Allan Abbott as the Director of
Public Works and Utilities effective June 1, 1999.
(ADOPTED, 7-0; A-79573)
PETITIONS & COMMUNICATIONS
20) Petition to Vacate a Public Way the east-west alley
abandoned, north side of 3226 Q St. signed by Dona S.
Maertens. (REFERRED TO LAW DEPT.)
21) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
22) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on June 14, 1999. (PLACED ON FILE)
23) Investment of Funds beginning 6/18/99.
(ADOPTED, 7-0; A-79576)
24) Report from City Treasurer of Telecomm. Occ. Tax due as
follows: May, 1999: Business Telecom, Equality,
Globalcom, Worldtel, Inacom, NOS, Stormtel, NOSVA, Network
Int'l, Incomnet, Affinity, UniDial, RSL Com USA, LDM Systems,
Global Telephone, UStel, Long Distance of Michigan, Assn.
Adm.; June, 1999: GST Net, (PLACED ON FILE)
24a) Request by City Attorney to reconsider Ord. 17518, passed
June 21, 1999 - Vacating all of Williamsburg Village 17th
Add. except for the 40th St. Right-of-Way generally
located at S. 40th S. & Pine Lake Rd.
(RECONSIDERED, 7-0; RE-PASSED BY SUB. ORD., 7-0; #17518)
ORDINANCES - 1ST READING
(ITEMS 25 THRU 33 HAD 1ST READING. SEE ITEM # 27.)
25) 99-61 Amending Chapter 6.08 of the Lincoln Municipal Code to
increase license fees for dogs; to provide exceptions to
license fees for dogs; to increase the impoundment fee for
dogs running at large; and to increase fees related to
impoundment of dogs.
26) 99-62 Amending Chapter 6.12 of the Lincoln Municipal Code to
increase the impoundment fee for cats running at large; to
increase the license fee for cats; to alter the fee schedule
for maintaining a hobby kennel or cattery; and to increase
the fees related to impoundment of cats.
27) 99-68 Amending Chapter 23.10 of the Lincoln Municipal Code to adopt
the 1999 edition of the National Electrical Code and
(TO HAVE 2ND & 3RD READING ON 7/6/99, 7-0)
28) 99-69 Change of Zone 66HP - Application of Kappa House Corp. of
Delta Gamma Fraternity to designate the Delta Gamma Sorority
House located at 400 University Terrace at 17th and "R"
Streets as an historic landmark.
29) 99-70 Change of Zone 3183 - Application of Olivia Harrison for a
change of zone from R-2 Residential to O-3 Office Park on
property generally located at 80th and "O" Streets.
30) 99-71 Change of Zone 3185 - Application of the First Assembly of
God Church for a change of zone from R-2 Residential to O-3
Office Park on property generally located at the southeast
corner of 56th and "R" Streets.
31) 99-72 Amending Chapter 27.69 of the Lincoln Municipal Code by
adding a new Section 27.69.035 to declare a moratorium
prohibiting off-premise signs 150 square feet or greater in
area in all zoning districts for a period of five months.
32) 99-73 Change of Zone 3169 - Application of IMS Properties for a
change of zone from R-2 Residential to I-1 Industrial on
property generally located at S.W. 6th and West "E" Streets.
(In connection w/99R-179)
33) 99-74 Annexing approximately 57 acres of property generally
located between South 56th Street and South 66th Street
north of Pine Lake Road.
ORDINANCES - 3RD READING
34) 99-65 Vacating a portion of undeveloped 8th St. lying between
Hartley St. & Manatt St.
(PASSED, 6-1; FORTENBERRY DISSENTING; #17519)
PENDING LIST (EXTENDED ONE WEEK. SEE ITEM 49.)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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
46) 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)
47) 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
48) 99R-134 Approving a recommendation that the Mayor amend
Administrative Regulation #9 to allow for t he creation &
implementation of a take-home vehicle program for police
officers in targeted revitalization strategy areas.
(5/10/99 - Placed on Pending)
49) 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)
(REMOVE FROM PENDING FOR PUB. HEARING ON 7/6/99, 7-0)
50) 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 TUESDAY, JULY 6, 1999: APPROVED, 7-0.
52) 99R-178 Special Permit No. 1776 - Application of Sun Valley Bar and
Grill 98R-198 for authority to sell alcoholic beverages for
consumption on the premises at 200 West "P" Street.
53) 99R-179 Waiving the requirements of the subdivision ordinance to
allow floodproofing rather than raising the ground elevation
to protect buildings within the floodplain, on property
generally located at S.W. 6th and West "O" Streets. (In
54) 99R-180 Accepting and approving the preliminary plat of Wilderness
Ridge for 369 residential and commercial lots generally
located between Yankee Hill Road and Rokeby Road, from
14th Street to South 27th Street, including waivers of the
Design Standards and the Subdivision Ordinance. (In
connection w /99R-181)
55) 99R-181 Special Permit 1692A - Application of Ridge Development Co.,
Southview, Inc., and Large Partnership to amend Wilderness
Ridge Community Unit Plan to allow 745 dwelling units and a
recreational facility on property generally located between
Yankee Hill Road and Rokeby Road, from 14th Street to South
27th Street. (In connection w/99R-180)
56) 99R-182 Accepting and approving the preliminary plat of Pine Lake
Heights 2nd Addition for 75 single family lots, one lot for
a church location, and two outlots generally located at
South 34th Street and Whitlock Road, including waivers of
the Design Standards and the Subdivision Ordinance.
57) 99R-183 Approving the use of public right-of-way by Cross Country
Land Services for a fiber optic cable installation in
Military Road approximately 514 feet west of the centerline
of 14th Street.
ADJOURNMENT 6:15 P.M.
Hearing date of Tues., July 6, 1999 at 6:30 p.m. on the App. of
Whitehead Oil Co. dba U-Stop Convenience Shop for a Retail Class
B Liquor License at 8231 E. "O" St.
Hearing date of Tues., July 6, 1999 at 6:30 p.m .on the App. of
Cat, Inc. dba Prime Time for an addition of their licensed
premise at 227 N. 9th St. (Holder of a Retail Class I Liquor
21) MISCELLANEOUS REFERRALS
Reports from City Treasurer of Telecomm. Occ. Tax due as follows:
May, 1999: Lincoln Celtelco, D & D Comm., ATS Mobile, Aliant.
(PLACED ON FILE)
Setting Hearing Date of Mon., July 12, 1999,at 1;30 p.m. on the
request of MIP Two, Inc. dba "Mickey's Irish Pub" for an addition
of their licensed premise at 1409 O St. (ADOPTED, 7-0; A-79574)
Setting Hearing Date of Mon., July 12, 1999, at 1:30 p.m. on the Man
App. of Timothy A. Miller for Mip Two, Inc. dba "Mickey's Irish Pub"
at 1409 O St. (ADOPTED, 7-0; A-79575)