ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUG. 9, 1999 AT 6:30 P.M.
NOTE: PUBLIC HEARING FOR THE 1 & 6 YEAR STREET & HIGHWAYS PROGRAM
& THE 99/2000 MAYOR'S RECOMMENDED ANNUAL OPERATING BUDGET & CAPITAL
IMPROVEMENT PROGRAM FY 1999-2005 WILL BEGIN AFTER THE REGULAR
CITY COUNCIL AGENDA.
ALL MEMBERS PRESENT
PUBLIC HEARING LIQUOR LICENSES
1) Man. App.. of Ronald R. Simpson for Grisanti Inc. dba Grisanti's
at 6820 "O" St. (ADOPTED FOR APPROVAL 7-0; A-79628)
2) App. of Prairie Fare, Inc. dba P.O. Pears for a SDL covering an
area measuring 100' by 40' on Aug. 21, 1999 from 11:30 a.m. to
1:00 a.m. at 322 S. 9th St. (ADOPTED FOR APPROVAL, 7-0; A-79629)
3) App. of Hobnobbers for a SDL covering an area on "P" St. from
14th to 16th St. & 15th St. from "O" St. to Centennial Mall on
August 20 & 21, 1999 from 4:00 p.m. to 12:00 a.m.
(ADOPTED FOR APPROVAL, 7-0; A-79630)
4) App. of Lincoln Wings, L.L.C. dba Hooters for a SDL covering an
area measuring 60' by 60' on Aug. 13, 1999 from 3:00 p.m. to 1:00
a.m. at 6811 "O" St. (ADOPTED FOR APPROVAL, 4-3; FORTENBERRY,
MCROY, SHOECRAFT DISSENTING; A-79631)
PUBLIC HEARING ORDINANCES - 2ND READING - NONE
PUBLIC HEARING - RESOLUTIONS - NONE
PETITIONS & COMMUNICATIONS
5) THE FOLLOWING WERE REFERRED TO PLANNING DEPT.:
Change of Zone 3201 - App. of HB II, Inc. from O-3 to B-5 at
60th & Old Cheney Rd.
Use Permit No. 82-B - App. of Design Data Corp. to develop an
office park & reduce required parking associated w/Lot 1 to
82 stalls located at 14th & Old Cheney Rd.
Spec. Permit No. 1791 - App. of Cedar Youth Services Inc. for a
residential health care facility for youth ages 12 to 18
located at 1430 South Street.
Spec. Permit No. 1792 - App. of Valentino's to construct &
operate a parking lot at 35th & Holdrege.
Spec. Permit No. 1793 - App. of Baldomero N. Garcia for the
construction of a new dining room in lieu of the existing
deck at 5151 Boeckner Ave.
6) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
7) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on July 26, 1999. (PLACED ON FILE)
8) Investment of Funds. (ADOPTED, 7-0; A-79634)
9) Report from City Treasurer of Telecomm. Occ. Tax due for
APRIL, 1999: OneStar; MAY, 1999: OneStar; JUNE, 1999:
OneStar, GE Capital, IBM Global, Eclipse, Intellicall, GTE,
LCI, Affinity Corp., Calls for Less, QWest, USN, Trans Nat'l,
Atcall, Comdata. (PLACED ON FILE)
10) Lincoln Water & WasteWater System Recapitulation of Daily
Cash Receipts for July 1999. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 11 THRU 15 HAD 1ST READING)
11) 99-92 Authorizing the transfer of appropriations between certain
capital improvement projects within the Sanitary Sewer
Construction Fund, Water Construction Fund, Landfill
Revenue Fund, Street Construction Fund, Vehicle Tax Fund, &
Storm Sewer Bond Issue Fund.
12) 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.
13) 99-94 Vacating a portion of the plats of Airport Heights & Olympic
Heights generally located at N.W. 56th & West Adams Sts.
(In connection w/99R-213, 99R-214)
14) 99-95 Change of Zone 3184 - A.P.. of Lyle Loth for a change from
R-2 Residential Dist. to O-3 Office Park District on
property generally located at S. 7th St. & Old Cheney Rd.
(In connection w/99R-215, 99R-216, 99R-217, 99R-218)
15) 99-96 Change of Zone 3197 - A.P.. of Austin Realty Investments for
a change from R-2 Residential to O-3 Office Park on property
generally located at 80th & "O" Sts.
ORDINANCES - 3RD READING
16) 99-87 Adopting pay schedules & schedules of pay ranges for
employees of the City of Lincoln, Nebraska whose classifi-
cations are assigned to pay ranges prefixed by the
letters "E", "X", & "M". (ACTION DELAYED FOR ONE WEEK TO
8/16/99, 6-0; COOK ABSENT)
17) 99-88 Vacating Hill St. between the Van Dorn Bypass to Park Blvd.
on the south side of Van Dorn. (PASSED, 7-0; #17537)
18) 99-90 Change of Zone 3191 - A.P.. of Richard Svoboda for a change
from B-3 Commercial to R-5 Residential/R-C Residential
Conservation Dist. on property generally located at 17th &
Sumner Sts. (8/2/99 - Amended) (PASSED, 7-0; A-#17538)
19) 99-91 Amending Chapter 4.16 of the LMC relating to the Community
Health Endowment to provide for nominations by the Mayor &
City Council to the Board of Trustees with appointments
being made by the City Council & extending the original Board
appointments by one year. (ACTION DELAYED ONE WEEK TO
8/16/99, 4-3; CAMP, FORTENBERRY, JOHNSON DISSENTING )
20) 99-71 Change of Zone 3185 - A.P.. 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 & "R" Sts. (WITHDRAWN, 7-0; #38-4311)
PENDING LIST (EXTENDED ONE WEEK)
21) 95-128 Change of Zone 2912 - A.P.. 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)
22) 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)
23) 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)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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)
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
32) 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
33) 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)
34) 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)
35) 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)
36) 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) (7/12/99 - Action delayed to 8/30/99)
37) 99R-177 Use Permit 117 - A.P.. 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) (7/12/99 - Action delayed to 8/30/99)
38) 99-86 An Ordinance authorizing and providing for the issuance,
sale and delivery of City of Lincoln, Nebraska, Parking
Revenue Bonds ("Parking Bonds"), including not to exceed
$16,000,000 Parking Revenue and Refunding Bonds, Series
1999 ("1999 Bonds") for the purpose of refinancing our
existing parking revenue bonds and issuing about $3,000,000
of new debt to finance the market place parking garage &
authorizing the Finance Director to prescribe terms &
provisions for issuance & repayment of the bonds & notes
& establishing related funds & accounts. (7/19/99 - Placed
on Pending - had 1st reading). (REMOVED FROM PENDING FOR
SUBSTITUTE PAGES TO REFLECT INCREASE IN BOND AMOUNT & TO
HAVE 2ND & 3RD READING W/EMERGENCY CLAUSE ON 8/16/99, 7-0)
39) 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)
40) 99-89 Change of Zone 3188 - A.P. of Jeffrey J. Fredrick for a
change from R-4 Residential to B-3 Commercial on property
generally located on the northeast corner of N. 27th & Starr
Streets. (8/2/99 - Placed on Pending for 30 days)
COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING
ON MONDAY, AUGUST 16, 1999. APPROVED, 7-0
41) 99R-205 Adopting the Large Power Contract Rate Group & the Festoon
Lighting Rate Addition which authorizes LES to provide these
services. (In connection w/99R-206)
42) 99R-206 Adopting the modifications to LES' Open Access Transmission
Tariff which authorizes the LES Administrative Board to
incorporate the Mid-Continent Area Power Pool's Line Loading
Relief Procedures in the LES Open Access Transmission Tariff.
(In connection w/99R-205)
43) 99R-207 Reappointing Jan Gauger to the Lincoln Housing Authority
Board for a 5-year term expiring July 1, 2004.
44) 99R-208 Authorizing the award of a bid for construction of Sewer
Dist. 1171 in Mar-Ma-Ra-Lo Heights & Pioneers Heights which
exceeds the cost estimates by more than 25%.
45) 99R-209 Accepting & approving the Pre. Plat of Bair Industrial Park
1st Add. for 5 industrial/commercial lots, generally located
northeast of N. 32nd St. & Bair Ave. & a waiver of the
stormwater detention requirement.
46) 99R-210 Accepting & approving the Pre. Plat of Cyrilla Court 1st
Add. for 43 single family lots & 3 outlots, generally
located at N. 1st St. & Benton Ct., & a waiver of the
stormwater detention & low flow liners requirements.
47) 99R-211 Special Permit 1502A - App. of Patrick Mooberry to delete
the recreation plan & development & occupancy schedule
requirements of the Hartland Homes East C.U.P., on property
generally located at 80th St. & Old Cheney Rd.
48) 99R-212 Special Permit 1784 - A.P. of Whitehead Oil Co. for authority
to sell alcoholic beverages for consumption off the premises
at 6801 Wildcat Dr.
49) 99R-213 Special Permit 1777 - A.P.. of Hartland Homes, Inc. to
develop Hartland Homes Northwest C.U.P. consisting of 126
single family dwelling units on property generally
located at N.W. 56th & W. Adams Sts. (In connection
50) 99R-214 Accepting & approving the Pre. Plat of Hartland Homes
Northwest for 106 single family lots & four outlots
generally located at N.W. 56th & W. Adams Sts., with
associated waivers of subdivision requirements including
paving, block length, sidewalks, landscape screens, street
trees, right-of-way, maximum 3% slope, & 125' intersection
separation. (In connection w/99-94, 99R-213)
51) 99R-215 Appeal of Bill Behmer from the Planning Commission approval
of Use Permit 119 to construct a 5,000 sq. ft. office
building at S. 7th St. & Old Cheney Rd. (In connection
w/99-95, 99R-216, 99R-217, 99R-281)
52) 99R-216 Special Permit 1774 - A.P.. of Lyle Loth to develop
Wilderness Estates 3rd C.U.P. consisting of 8 single family
dwelling units with a private roadway & one outlot on
property generally located at S. 7th St. & Old Cheney Rd.
(In connection w/99-95, 99R-215, 99R-217, 99R-218)
53) 99R-217 Accepting a conservation easement to preserve woodlands,
wetlands, & floodplain associated with a drainageway, in an
area generally located at S. 7th St. & Old Cheney
Rd. (In connection w/99-95, 99R-215, 99R-216, 99R-218)
54) 99R-218 Accepting & approving the Pre. Plat of Wilderness Estates
3rd Add. for 9 lots & 1 outlot on property generally located
at S. 7th St. & Old Cheney Rd. with waivers for low flow
liners & stormwater detention requirements. (In connection
w/99-95, 99R-215, 99R-216, 99R-217)
55) 99R-219 Accepting the report of new & pending tort claims against
the City & approving disposition of claims set forth therein
for the period of July 16 thru 31, 1999.
56) 99R-220 Appointing Linda Wibbels to the Board of Zoning Appeals to
fill an unexpired term expiring Feb. 1, 2000.
57) 99R-221 Appointing John Baylor to the Lincoln Library Board for a 7
yr. term from Sept. 1, 1999 to Aug. 31, 2006.
58) 99R-222 Reappointing Robert Ripley & Melinda Pearson to the Historic
Preservation Commission for 3-yr. terms expiring April 15,
59) 99R-223 Approving the Management & Maintenance Contract for Downtown
Business Improvement Dists. (1999 Revision) between the City
& the Downtown Lincoln Assoc. for a 2 yr. period.
(SUSPENDED RULES REQUIRING 2 READINGS & TO HAVE INTRODUCTION,
PUBLIC HEARING & VOTE ON 8/16/99, 7-0)
60) 99R-224 The contract between the City & Downtown Lincoln Association
(DLA) requires the City Council's review & approval of
Annual Plan of Work for the Management BID's & budgets for
Management & Maintenance BID's. (SUSPENDED RULES REQUIRING 2
READINGS & TO HAVE INTRODUCTION, PUBLIC HEARING & VOTE ON
61) One & Six Year Streets & Highway Program.
62) 99/2000 Mayor's recommended annual operating Budget & Capital
Improvement Program FY 1999-2005.
ADJOURNMENT 12:36 A.M.
Hearing date of Mon., Aug. 16, 1999 at 1:30 p.m. on the A.P.. of Prairie
Fare, Inc. dba P.O. Pears for a Liquor Catering License at 322 S. 9th St.
6) MISCELLANEOUS REFERRALS
Setting hearing date of Mon., Aug. 23, 1999 at 1:30 p.m. on the App.
of CAT, Inc. dba "Prime Time" at 227 N. 9th for a Liquor Catering
License at 227 N. 9th. (ADOPTED, 7-0; A-79632)
Setting hearing date of Mon., Aug. 23, 1999 at 1:30 p.m. on the Man.
App. of Debra Northup for C.R. Corporation dba "T & C Lounge" a 3245
Cornhusker Hwy. (ADOPTED, 7-0; A-79633)
Reports from City Treasurer of Telecomm. Occ. Tax due as follows:
June, 1999: Aliant Cellular (PLACED ON FILE)
App. of NAPE/AFSCME Local 61 to conduct a raffle in the City for the
period of 8/16/99 to 9/27/99.
(HEARING DATE SET FOR MON., AUG. 16 1999 AT 1:30 P.M., 7-0)
App. of St. Josephs Church/School at 1940 S. 77th to conduct a lottery
within the City of Lincoln.
(HEARING DATE SET FOR MON., AUG. 16, 1999 AT 1:30 P.M., 7-0)