ACTION From The Regular City Council Meeting Held
Tuesday, July 6, 1999 At 6:30 p.m.
ALL PRESENT EXCEPT CAMP, JOHNSON & SHOECRAFT.
PUBLIC HEARING LIQUOR RESOLUTIONS
1) 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. (In connection w/99R-178)
(ADOPTED FOR APPROVAL, 4-0; A-79577.)
2) App. of Whitehead Oil Co. dba U-Stop Convenience Shop for a
Class B liquor license at 8231 E. "O" St.
(ADOPTED FOR APPROVAL, 4-0; A-79578.)
3) Man. App. of Andrew M. Nicholls for Whitehead Oil Co. dba
U-Stop Convenience Shop at 8231 E. "O" St.
(ADOPTED FOR APPROVAL, 4-0; A-79579.)
4) App. of Cat, Inc. dba Prime Time to expand their presently
licensed premises by adding an area measuring 50' by 97' in
the lower level at 227 N. 9th St.
(ADOPTED FOR APPROVAL, 4-0; A-79580.)
5) App. of Misty, Inc. for a SDL covering their west parking lot
for an outdoor event on Sat., July 17, 1999, from 2:00 p.m.
to 1:00 a.m. (ADOPTED FOR APPROVAL, 4-0; A-79581.)
6) App. of Elks BPO Lincoln Lodge #80 for a SDL covering their
south parking area for an outdoor event on Sat., July 17,
1999, from 4:00 p.m. to 9:00 p.m.
(ADOPTED FOR APPROVAL, 4-0; A-795782)
PUBLIC HEARING ORDINANCES - 2ND READING
(ITEMS 7 THRU 15 HAD PUBLIC HEARING.)
7) 99-61 Amending Chapter 6.08 of the LMC to increase license fees
for dogs; to provide exceptions to license fees for dogs; to
increase the impoundment fee for dogs running at large; & to
increase fees related to impoundment of dogs.
8) 99-62 Amending Chapter 6.12 of the LMC 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; & to increase the fees related to
impoundment of cats.
9) 99-68 Amending Chapter 23.10 of the LMC to adopt the 1999 edition
of the National Electrical Code & amendments thereto. (On
3rd Reading) (SEE ITEM 29.)
10) 99-69 Change of Zone 66HP - App. of Kappa House Corp. of Delta
Gamma Fraternity to designate the Delta Gamma Sorority House
located at 400 University Terrace at 17th & "R" Sts. as an
11) 99-70 Change of Zone 3183 - App. of Olivia Harrison for a change
from R-2 Residential to O-3 Office Park on property generally
located at 80th & "O" Sts.
12) 99-71 Change of Zone 3185 - App. of the First Assembly of God
Church for a change from R-2 Residential to O-3 Office Park
on property generally located at the southeast corner of
56th & "R" Sts.
13) 99-72 Amending Chapter 27.69 of the LMC by adding a new §27.69.035
to declare a moratorium prohibiting off-premise signs 150
sq. ft. or greater in area in all zoning districts for a
period of five months.
14) 99-73 Change of Zone 3169 - App. of IMS Properties for a change
from R-2 Residential to I-1 Industrial on property generally
located at S.W. 6th & W. "E" Sts. (In connection w/99R-179)
15) 99-74 Annexing approx. 57 acres of property generally located
between S. 56th St. & S. 66th St. north of Pine Lake Rd.
(SUB. ORDINANCE ACCEPTED, 4-0.)
PUBLIC HEARING - RESOLUTIONS
16) 99R-178 Special Permit 1776 - App. of Sun Valley Bar & Grill for
authority to sell alcoholic beverages for consumption in an
outdoor premise at 200 W. "P" St.
(ADOPTED, 4-0; A-79583.)
17) 99R-179 Waiving the requirements of the subdivision ordinance to
allow floodproofing rather than raising the ground elevation
to protect buildings within the flood-plain, on property
generally located at S.W. 6th & W. "O" Sts. (In connection
w/99-73) (ACTION DELAYED FOR 1 WEEK TO 7/12/99, 4-0.)
18) 99R-180 Accepting & approving the preliminary plat of Wilderness
Ridge for 369 residential & commercial lots generally
located between Yankee Hill Rd. & Rokeby Rd., from 14th St.
to S. 27th St., including waivers of the Design Standards &
the Subdivision Ordinance. (In connection w/99R-181)
(ADOPTED, 4-0; A-79584.)
19) 99R-181 Special Permit 1692A - App. of Ridge Development Co.,
Southview, Inc., & Large Partnership to amend Wilderness
Ridge Community Unit Plan to allow 745 dwelling units & a
recreational facility on property generally located between
Yankee Hill Rd. & Rokeby Rd., from 14th St. to S. 27th St.
(In connection w/99R-180) (ADOPTED, 4-0; A-79585.)
20) 99R-182 Accepting & approving the Pre. Plat of Pine Lake Heights 2nd
Add. for 75 single family lots, one lot for a church
location, & two outlots generally located at S. 34th St. &
Whitlock Rd., including waivers of the Design Standards &
the Subdivision Ordinance. (ACTION DELAYED 1 WEEK TO 7/12/99
DUE TO LACK OF MAJORITY VOTE.)
21) 99R-183 Approving the use of public right-of-way by Cross Country
Land Services for a fiber optic cable installation in
Military Rd. approx. 514' west of the centerline of
14th St. (ADOPTED, 4-0; A-79586.)
22) 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) (6/28/99 - Public Hearing cont.
to 7/6/99 w/vote on 7/12/99) (ACTION TO BE ON 7/12/99.)
23) 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) (6/28/99 - Public Hearing cont. to 7/6/99 w/vote
on 7/12/99) (ACTION TO BE ON 7/12/99.)
PETITIONS & COMMUNICATIONS
24) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
25) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on June 21, 1999. (PLACED ON FILE)
26) Investment of Funds. (ADOPTED, 4-0; A-79588.)
ORDINANCES - 1ST READING (ITEM 27 HAD 1ST READING.)
27) 99-79 Change of Zone 3177 - Amending §27.63.390 of the LMC to
eliminate all conditions of the special permit for hotels &
motels relating to density, room size, & facilities in each
room in the O-3 Office Park Dist.; & §§27.69.044
& 27.69.060 to add off-premise signs in the O-3 Office Park
Dist. & B-5 Planned Regional Business Dist. for motels &
hotels. (In connection w/99R-186)
ORDINANCES - 3RD READING
28) 99-66 Deleting the street name of Berggren Cir. located generally
at S. 34th & Otoe Sts. (PASSED, 4-0; #17520.)
29) 99-68 Amending Chapter 23.10 of the LMC to adopt the 1999 edition
of the National Electrical Code & amendments thereto.
(PASSED, 4-0; #17521.)
PENDING LIST (EXTENDED ONE WEEK. SEE ITEM 45.)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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
41) 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
42) 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)
43) 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)
44) 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)
45) 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. (6/28/99 - 3rd Reading
delayed to 7/12/99)
(TO HAVE 3RD READING & ACTION ON 7/12/99.)
46) 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
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING
ON MONDAY, JULY 12, 1999:(APPROVED, 4-0.)
47) 99R-185 Special Permit 1775 - App. of the Disabled American Veterans
for a parking lot on property generally located at N. 70th
St. & Seward Ave.
48) 99R-186 Combined Use Permit/Special Permit 14 - App. of David
Thompson to construct & operate a 90-unit hotel in an O-3
Office Park Dist., to modify the sign regula-tions in the
O-3 Office Park Dist. to increase the size of the two wall
signs; & to adjust the front yard along Old Cheney Rd. to
permit an off-premise pole sign for the hotel, on property
generally located at 60th & Old Cheney Rd. (In connection
49) 99R-187 Accepting the report of new & pending tort claims against
the City & approving disposition of claims set forth therein
for the period of June 16 thru June 30, 1999.
50) 99R-188 Accepting a conservation easement from IMS Properties to
preserve wetlands, drainageways, & floodplains in an area
generally located at SW 6th & "C" Sts. (In connection 99-73
& 99R-179) (RULES SUSPENDED TO HAVE INTRODUCTION,
PUB. HEARING & ACTION ON 7/12/99, 4-0.)
ADJOURNMENT 11:47 P.M.
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.
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
24) MISCELLANEOUS REFERRALS
Setting hearing date of Mon., July 19, 1999 at 1:30 p.m. on the App.
of Green & Glass, a Partnership, dba Kerry O'Ryan's French Quarter for
a Retail Class I Liquor License at 700 O St.
(ADOPTED, 4-0; A-79587.)
Reports from City Treasurer of Telecomm. Occ. Tax due for the month of
May, 1999 from: Coast Internat'l, USA Paging, Aliant Cellular, Sprint
Spectrum, Sprint Comm. Co., Shaffer Comms., Working Assets Funding
Service, McLeod USA Telecomms., Telco Development Group, MCI
Telecomms. Corp., AT&T Comms. of the Midwest, Excel Telecomm. &
Phoenix Network. (PLACED ON FILE)
THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.:
Change of Zone 3171 - App. of Hoegemeyer Palmer Construction for a
change from AG to O-3 & R-3 on property at 84th & Holdrege.
Change of Zone 3174 - App. of Southview Inc. for a change from R-3 to
H-4 on property at 14th St. & Interstate 80.
Change of Zone 3175 - App. of Southview Inc. for a change from B-2 to
R-3 on property at 14th & Morton.
Change of Zone 3181 - App. of Zane & Ethel Fairchild for a change from
AG to R-2 on property at S. 70th & Old Cheney.
Change of Zone 3191 - App. of Richard Svoboda for a change from B-3
to R-5/RC on property at 1641 Sumner St.
Change of Zone 3193 - App. of Planning Commision for a text change
to LMC Chapter 27 regarding Boarding Houses.
Change of Zone 3195 - App. of Rick Krueger for a change from R-3 to
B-1 on property at Coddington & W. Van Dorn.
Change of Zone 3196 - App. of Planing Director for a change from B-2
to B-2, R-3 to B-2 & AGR to B-2 on property at S. Coddington & W.
Special Permit 1767 - App. of Southview Inc. to develop duplex lots in
a C.U.P. on property at 14th St. & Interstate 80.
Special Permit 1782 - App. of D& D Enterprises to operate a banquet
hall/obtain a liquor license at 2608 Park Blvd.
Special Permit 1783 - App. of Divine Tower International Corp. to
construct a monopole telecomms. facility at 58th & Arbor Rd.
Combined Special Permit/Use Permit 15 - App. of David L. Lambrecht to
construct a one story childhood care facility & 600 sq. ft.
caretaker's apartment at N. 26th St. & Folkways Blvd.
Combined Special Permit/Use Permit 11D - App. of Silver Offices LLC &
R C Krueger Development Co. to construct 3 office buildings & one
early childhood care facility for 150 children & 21 employees at
32nd St. & Pine Lake. Rd.