City Council
Agenda
Action From the Regular City Council Meeting Held
Monday, Aug. 16, 1999 At 1:30 p.m.
ALL MEMBERS PRESENT.
MAYOR'S AWARD OF EXCELLENCE (AWARDED TO BECKY WITULSKI, PARKS & REC.)
PUBLIC HEARING LIQUOR LICENSES
1) App. of Prairie Fare, Inc. dba P.O. Pears for a Liquor
Catering License at 322 S. 9th St.
(ADOPTED FOR APPROVAL, 7-0; A-79635.)
PUBLIC HEARING ORDINANCES - 2ND READING
(ITEMS 2 THRU 7 HAD PUBLIC HEARING. SEE ITEM 5.)
2) 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.
3) 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.
4) 99-94 Vacating a portion of the plats of Airport Heights & Olympic
Heights generally located at N.W. 56th & W. Adams Sts.
(In connection w/99R-213, 99R-214)
5) 99-95 Change of Zone 3184 - App. of Lyle Loth for a change from
R-2 Residential to O-3 Office Park on property generally
located at S. 7th St. & Old Cheney Rd. (In connection
w/99R-215, 99R-216, 99R-217, 99R-218) (PUBLIC HEARING CONT'D
W/3RD READING & ACTION TO 8/23/99, 7-0.)
6) 99-96 Change of Zone 3197 - App. of Austin Realty Investments for
a change from R-2 Residential to O-3 Office Park on property
generally located at 80th & "O" Sts.
7) 99-86 An Ordinance authorizing & providing for the issuance, sale
& delivery of City of Lincoln, Nebraska, Parking Revenue
Bonds ("Parking Bonds"), including not to exceed $16,000,000
Parking Revenue & Refunding Bonds, Series 1999 ("1999 Bonds")
for the purpose of refinancing our existing parking revenue
bonds & issuing about $3,000,000 of new debt to finance the
market provisions for issuance & repayment of the bonds &
notes & establishing related funds & accounts. (8/9/99 -
Removed from Pending for 8/16/99) (8/9/99 - Substitute
pages to reflect increase in bond amount approved) (On 3rd
Reading with Emergency Clause) (SEE ITEM 36.)
PUBLIC HEARING - RESOLUTIONS
8) App. of St. Joseph's Church/School of Lincoln to conduct a
lottery within the City of Lincoln from Sept. 1 thru Nov.
30, 1999. (ADOPTED, 7-0; A-79636.)
9) App. of NAPE/AFSCME Local 61 to conduct a raffle within the
City of Lincoln from Aug. 16 thru Sept. 27, 1999.
(ADOPTED, 7-0; A-79637.)
10) 99R-205 Adopting the Large Power Contract Rate Group & the Festoon
Lighting Rate Add. which authorizes LES to provide these
services. (In connection w/99R-206)
(ADOPTED, 7-0; A-79638.)
11) 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) (ADOPTED, 7-0; A-79639.)
12) 99R-207 Reappointing Jan Gauger to the Lincoln Housing Authority
Board for a 5-yr. term expiring July 1, 2004.
(ADOPTED, 7-0; A-79640.)
13) 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%.
(ADOPTED, 7-0; A-79641.)
14) 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.
(ADOPTED, 7-0; A-79642.)
15) 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.
(ADOPTED, 7-0; A-79643.)
16) 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.
(ADOPTED, 7-0; A-79644.)
17) 99R-212 Special Permit 1784 - App. of Whitehead Oil Co. for
authority to sell alcoholic beverages for consumption off
the premises at 6801 Wildcat Dr.
(ADOPTED, 7-0; A-79645.)
18) 99R-213 Special Permit 1777 - App. 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 w/99-94, 99R-214)
(ACTION DELAYED 1 WEEK TO 8/23/99, 7-0.)
19) 99R-214 Accepting & approving the Pre. Plat of Hartland Homes North-
west for 106 single family lots & 4 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)
(ACTION DELAYED 1 WEEK TO 8/23/99, 7-0.)
20) 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-218)
(PUBLIC HEARING CONT'D & ACTION DELAYED TO 8/23/99, 7-0.)
21) 99R-216 Special Permit 1774 - App. 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)
(PUBLIC HEARING CONT'D & ACTION DELAYED TO 8/23/99, 7-0.)
22) 99R-217 Accepting a conservation easement to preserve woodlands,
wetlands, & flood-plain 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)
(PUBLIC HEARING CONT'D & ACTION DELAYED TO 8/23/99, 7-0.)
23) 99R-218 Accepting & approving the Pre. Plat of Wilderness Estates
3rd Add. for nine lots & one 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)
(PUBLIC HEARING CONT'D & ACTION DELAYED TO 8/23/99, 7-0.)
24) 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.
(ADOPTED, 7-0; A-79646.)
25) 99R-220 Appointing Linda Wibbels to the Board of Zoning Appeals to
fill an unexpired term expiring Feb. 1, 2000.
(ADOPTED, 7-0; A-79647.)
26) 99R-221 Appointing John Baylor to the Lincoln Library Board for a 7
yr. term from Sept. 1, 1999 to Aug. 31, 2006.
(ADOPTED, 7-0; A-79648.)
27) 99R-222 Reappointing Robert Ripley & Melinda Pearson to the Historic
Preservation Commission for 3-yr. terms expiring April 15,
2002. (ADOPTED, 7-0; A-79649.)
28) 99R-223 Approving the Management & Maintenance Contract for Downtown
BIDs (1999 Revision) between the City & the Downtown
Lincoln Assoc. for a 2 yr. period. (ADOPTED, 7-0; A-79650.)
29) 99R-224 Approving the Annual Program of Work for the Downtown Lincoln
Assoc. Management BIDs & budgets for Management & Maintenance
BIDs. (ADOPTED, 7-0; A-79651.)
29a) 99R-229 Endorsing the idea of facilitating improvements to the BMX
bicycle track and related facilities on property near Oak
Lake Park at Sun Valley Blvd. & Charleston Sts.
(RULES SUSPENDED TO PLACE ON THE AGENDA FOR PUB. HEARING
& ACTION ON THIS DATE, 7-0; ADOPTED, 7-0; A-79652.)
PETITIONS & COMMUNICATIONS
30) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
31) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on Aug. 2, 1999. (PLACED ON FILE)
32) Investment of Funds. (ADOPTED, 7-0; A-79657.)
ORDINANCES - 1ST READING (ITEM 33 HAD 1ST READING.)
33) 99-97 Renaming Hwy. #77 as "Homestead Heritage Expressway" from
I-80 to its intersection with Hwy. 136 including a portion
of S. 12th St. & Salt Valley Rdwy.
ORDINANCES - 3RD READING
34) 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". (8/9/99 - Action delayed to
8/16/99) (PASSED, 7-0; #17539.)
35) 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. (8/9/99 - Action delayed
to 8/16/99) (SUB. ORD. ACCEPTED, 4-3; COOK, MCROY & SENG
DISSENTING; PASSED 4-3; COOK, MCROY, & SENG DISSENTING,
#17540.)
36) 99-86 An Ordinance authorizing & providing for the issuance, sale
& delivery of City of Lincoln, Nebraska, Parking Revenue
Bonds ("Parking Bonds"), including not to exceed $16,000,000
Parking Revenue & Refunding Bonds, Series 1999 ("1999 Bonds")
for the purpose of refinancing our existing parking revenue
bonds & issuing about $3,000,000 of new debt to finance the
market provisions for issuance & repayment of the bonds &
notes & establishing related funds & accounts. (8/9/99 -
Removed from Pending for 8/16/99) (8/9/99 - Substitute
pages to reflect increase in bond amount approved) (With
the Emergency Clause)
(PASSED W/THE EMERGENCY CLAUSE, 7-0; #17541.)
PENDING LIST (EXTENDED 1 WEEK.)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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)
48) 98-104 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)
49) 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)
50) 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. (6/1/99 - Placed on Pending)
51) 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)
52) 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)
53) 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) (7/12/99 - Action delayed to 8/30/99)
54) 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)
55) 99-89 Change of Zone 3188 - App. 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 23, 1999. (APPROVED, 7-0.)
56) 99R-225 Pre-Existing Use Permit 3Y - App. of Ameritas Life Insurance
to expand the parking & modify the existing 50' front yard
setback along N. Cotner Blvd., generally located at
"O" St. & N. Cotner Blvd.
57) 99R-226 Approving the use of public right-of-way by the Burkholder
Project for a front entry ramp at 719 P St.
58) 99R-227 Revising the sanitary landfill rates by increasing the land-
fill rate from $16.00/ton to $17.00/ton & adjusting the
minimum fee for refuse trucks & trailers.
59) 99R-228 Adopting the City of Lincoln 99/00 Annual Operating Budget.
ADJOURNMENT 5:48 P.M.
UPCOMING HEARINGS
Hearing date of Mon., Aug. 23, 1999 at 1:30 p.m. on the App. of CAT,
Inc. dba Prime Time for a Liquor Catering License at 227 N. 9th.
Hearing date of Mon., Aug. 23, 1999 at 1:30 p.m. on the Man. App. of
Debra Northup for C.R. Corp. dba T & C Lounge a 3245 Cornhusker Hwy.
30) MISCELLANEOUS REFERRALS
Setting hearing date of Mon., Aug. 30, 1999 at 1:30 p.m. on the Man.
App. of Shad M. Sanford for Carlos O'Kelly's, Inc. dba Carlos
O'Kelly's at 4455 N. 27th. (ADOPTED, 7-0; A-79653.)
Setting hearing date of Mon., Aug. 30, 1999 at 1:30 p.m. on the
Request of Dreamers, Inc. dba BJ's Hideaway for a change of location
for their Class C Liquor License from 5100 N. 48th to 5600
Cornhusker. (ADOPTED, 7-0; A-79654.)
Setting hearing date of Mon., Aug. 30, 1999 at 1:30 p.m. on the App.
of Carpcorp dba Libations Too for a Retail Class C Liquor License at
5310 S. 56th, Suite 1. (ADOPTED, 7-0; A-79655.)
Setting hearing date of Mon., Aug. 30, 1999 at 1:30 p.m. on the App.
of B & R Stores, Inc dba Super Saver #7 for a Retail Class D Liquor
License at 7155 S. 27th. (ADOPTED, 7-0; A-79656.)
App. of Husker Power Club, Inc. of 100 W. Stadium, Lincoln, to conduct
a Raffle within the City of Lincoln for the period of 9/9/99 to
10/9/99. (HEARING DATE SET FOR MON., AUG. 23, 1999, AT 1:30 P.M., 7-0.)
Final Return Report from City Treasurer of Telecomm. Occ. Tax due for
the month of June, 1999 from Telegroup, Inc. (PLACED ON FILE)
UNL Microbiologist Report of water tested for the month of July, 1999.
(PLACED ON FILE)
Report from City Treasurer of City Cash on hand at the close of
business on 7/31/99. (PLACED ON FILE)
City Council
Agenda History
