ACTION For The Regular City Council Meeting Held
Monday, July 12, 1999 At 1:30 p.m.
ALL MEMBERS PRESENT EXCEPT CAMP
STATE OF THE CITY ADDRESS - MAYOR WESELY
MAYOR'S AWARD OF EXCELLENCE: MAY - KEVIN SCHUESSLER & LARRY MITERA,
ASHLAND WATER TREATMENT PLANT. JUNE - RICH EUBANKS & MARK BISSET,
PUBLIC WORKS WASTEWATER & SOLID WASTE DEPT.
PUBLIC HEARING LIQUOR RESOLUTIONS
1) App. of MIP Two Inc. dba Mickey's Irish Pub for an expansion
of their licensed premise at 1409 "O".
(ADOPTED FOR APPROVAL, 5-0; FORTENBERRY ABSENT; A-79589)
2) Man. App. of Timothy A. Miller for MIP Two Inc. dba Mickey's
Irish Pub at 1409 O St. (ADOPTED FOR APPROVAL, 5-0;
FORTENBERRY ABSENT; A-79590)
3) App. of John Ron Inc. for a special designated license for
an area measuring 60' by 50' at 2135 O St. on July 23, 1999
from 6:00 p.m. to 1:00 a.m. (ADOPTED FOR APPROVAL, 5-0;
FORTENBERRY ABSENT; A-79591)
4) App. of Wine Merchants for a special designated license for
an area measuring 150' by 40' at Sheldon Art Gallery, 12th
& R St., on July 30, 1999 from 6:00 p.m. to 9:00 p.m.
(ADOPTED FOR APPROVAL, 5-0; FORTENBERRY ABSENT)
5) App. of HRC, Inc. dba Cheerleaders for a special designated
license for an area measuring 75' by 50' at 5560 S. 48th St.
on July 17, 1999 from 6:00 a.m. to 10:00 p.m.
(AMENDED, 6-0; ADOPTED FOR APPROVAL, 6-0; A-79593)
PUBLIC HEARING ORDINANCES
- 2ND READING (ITEM 6 HAD 2ND READING)
6) 99-79 Change of Zone 3177 - Amending Section 27.63.390 of the
Lincoln Municipal Code to eliminate all conditions of the
special permit for hotels and motels relating to density,
room size, and facilities in each room in the O-3 Office
Park District; and Sections 27.69.044 and 27.69.060 to add
off-premise signs in the O-3 Office Park District and B-5
Planned Regional Business District for motels and hotels.
(In connection w/99R-186)
PUBLIC HEARING - RESOLUTIONS
7) 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. (ADOPTED, 6-0; A-79594)
8) 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 District, to modify the sign regulations
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 w/99-79) (ACTION DELAYED ONE WEEK TO 7/19/99,
5-1; COOK DISSENTING)
9) 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.
(ADOPTED, 6-0; A-79595)
10) 99R-188 Accepting a conservation easement from IMS Properties to
preserve wetlands, drainage ways, & floodplains in an area
generally located at SW 6th & "C" Sts. (In connection
w/99-73 & 99R-179) (ADOPTED, 6-0; A-79596)
PETITIONS & COMMUNICATIONS
11) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
12) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on June 28, 1999. (PLACED ON FILE)
13) Investment of Funds. (ADOPTED, 6-0; A-79597)
ORDINANCES - 1ST READING
(ITEMS 14 THRU 19 HAD 1ST READING; SEE ITEM #16)
14) 99-76 Annexing approx. 40.4 acres of property generally located
at NW 56th St. & W. Leighton Ave.
15) 99-80 Change of Zone 3186 - Amending §§27.21.020,
27.23.020, & 27.24.020 of the LMC to remove "Boarding &
Lodging Houses" as permitted uses in the R-6, R-7, & R-8
residential zoning districts. (In connection w/99-81)
16) 99-81 Change of Zone 3193 - Amending Title 27 (Zoning Ordinance)
of the LMC to allow Boarding & Lodging Houses as a special
permitted use in the R-1 through R-8 residential zoning
districts. (In connection w/99-80)
(WITHDRAWN, 6-0; #38-4307)
17) 99-82 Change of Zone 3187 - Amending Chapter 27.69 of the LMC to
amend the sign ordinance to require 800' between off-premise
18) 99-83 Change of Zone 3189 - App. of Bottlers, L.L.C. for a change
from I-1 Industrial to H-3 Hwy. Commercial on property
generally located at 643 S. 25th St. (In connection w/99-84)
19) 99-84 Change of Zone 3192 - App. of the Interim Planning Director
for a change from I-1 Industrial to P Public Use on property
generally located one-half block south of "J" St. & west of
S. 25th St. (In connnection w/99-83)
RESOLUTIONS - FOR COUNCIL ACTION - HAD PUBLIC HEARING
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.(ADOPTED, 6-0; A-79598)
21) 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) (ACTION DELAYED UNTIL 8/30/99, 6-0)
22) 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) (ACTION DELAYED UNTIL 8/30/99)
ORDINANCES - 3RD READING
23) 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. (PASSED, 6-0; #17522)
24) 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.
(PASSED, 6-0; #17523)
25) 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. (PASSED, 6-0; #17524)
26) 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.
(PASSED, 4-2; JOHNSON & COOK DISSENTING; #17525)
27) 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. (DUE TO LACK OF MAJORITY
VOTE, 3-3, HELD OVER FOR ONE WEEK TO 7/19/99)
28) 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.
(AMENDED, 6-0; PASSED, 6-0; #17526)
29) 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) (PASSED, 6-0; #17527)
30) 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
connection w/99-73) (ADOPTED, 6-0; A-79599)
31) 99-74 Annexing approximately 57 acres of property generally
located between South 56th Street and South 66th Street
north of Pine Lake Road. (7/6/99 - Sub. Ord. approved)
(PASSED, 6-0; 17528)
32) 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.
(ACTION DELAYED ONE WEEK TO 7/19/99, 6-0)
PENDING LIST (EXTENDED ONE WEEK)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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
45) 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
46) 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)
47) 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)
48) 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) (ON PENDING INDEFINITELY, 5-0; FORTENBERRY ABSENT)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING
ON MONDAY, JULY 19, 1999: APPROVED, 5-0; FORTENBERRY ABSENT
49) 99R-189 Special Permit 1179 - App. of Concord Neighborhood
Corporation for authority to sell alcoholic beverages for
consumption on the premises at 3951 N. 27th St.
ADJOURNMENT 3:55 P.M.
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.
11) MISCELLANEOUS REFERRALS
Reports from City Treasurer of Telecomm. Occ. Tax due for the month of
May, 1999 from: Trans Nat'l Comm.,Atcall, Comdata, Frontier, LCI
Int'l, Eclipse, Telegroup, Calls for Less, IBM Global.
(PLACED ON FILE)
App. of St. John's Church at 731 Skyway Rd. to conduct a lottery within
the City. (Need motion to set hearing date for Mon., July 19, 1999 at
1:30 p.m.) (APPROVED, 6-0)