City Council
Agenda
ACTION For The Regular City Council Meeting Held
Monday, Aug. 23, 1999 At 1:30 p.m.
NOTE: REGULAR CITY COUNCIL MEETING OF MONDAY, AUGUST 30, 1999
WILL BEGIN AT 1:30 P.M.
PUBLIC HEARING LIQUOR LICENSES
1) App. of Cat Inc. dba Prime Time for a liquor catering
license at 227 N. 9th St.
(ADOPTED FOR APPROVAL, 7-0; A-79658)
2) Man. App. of Debra Northup for C.R. Corp. dba T & C Lounge
at 3245 Cornhusker Hwy. (ADOPTED FOR APPROVAL, 7-0; A-79659)
PUBLIC HEARING ORDINANCES - 2ND READING
(ITEM 3 HAD 2ND READING)
3) 99-97 Renaming Hwy. #77 as "Homestead Expressway" from I-80 to its
intersection with Hwy. 136 including a portion of S. 12th
St. & Salt Valley Rdwy.
PUBLIC HEARING ORDINANCES - 3RD READING
4) 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) (8/16/99 - Cont.
Public Hearing w/3rd Reading to 8/23/99) (PASSED, 5-2;
MCROY & COOK DISSENTING; #17542)
PUBLIC HEARING - RESOLUTIONS
5) App. of Husker Power Club, Inc. to conduct a raffle within
the City of Lincoln from Sept. 9, 1999 through Oct. 9, 1999.
(ADOPTED, 7-0; A-79660)
6) 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)
(ADOPTED, 5-2; MCROY & COOK DISSENTING; A-79661)
7) 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)
(ADOPTED, 7-0; A-79662)
8) 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)
(ADOPTED, 7-0; A-79663)
9) 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)
(ADOPTED, 7-0; A-79664)
10) 99R-225 Pre-Existing Use Permit 3Y - App. of Ameritas Life Insurance
to expand the parking & modify the existing 50 foot front
yard setback along N. Cotner Blvd., generally located at
"O" St. & N. Cotner Blvd. (ADOPTED, 7-0; A-79665)
11) 99R-226 Approving the use of public right-of-way by the Burkholder
Project for a front entry ramp at 719 P St.
(ADOPTED, 7-0; A-79666)
12) 99R-227 Revising the sanitary landfill rates by increasing the
landfill rate from $16.00/ton to $17.00/ton & adjusting the
minimum fee for refuse trucks & trailers.
(ADOPTED, 7-0; A-79667)
13) 99R-228 Adopting the City of Lincoln 99/00 Annual Operating Budget.
(AMENDED TO ADD SCHEDULE #7, 7-0; ADOPTED, 7-0; A-79668)
PETITIONS & COMMUNICATIONS
14) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
15) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on Aug. 9, 1999. (PLACED ON FILE)
16) Mayor Don Wesely veto and veto message of Ordinance No.
17540 (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 and
extending the Original Board appointments by one year.)
which City Council passed on Mon,., Aug. 16, 1999.
(MOTION TO OVERRIDE VETO FAILED, 4-3; COOK, MCROY, SENG
DISSENTING(NEED 5 VOTES TO OVERRIDE): RECONSIDERED ORD.
NO. 17540 W/PUB. HEARING ON 8/30/99, 4-3; COOK, MCROY, SENG
DISSENTING)
17) Request of Public Works to set the Hearing Date of Mon.,
Sept. 13, 1999 at 1:30 p.m. and place on the formal City
Council Agenda the following:
99-102 To provide authority to create a Sewer Dist.
between a point in 7th St. located approx. 250'
north of Ogden Rd and a point in 10th St. located
approx. 650' north of Superior St.
(TO HAVE HEARING MON., SEPT. 13, 1999 AT 1:30 P.M., 7-0)
18) Investment of Funds. (ADOPTED, 7-0; A-79673)
19) Report from City Treasurer of Telecomm. Occ. Tax due as
follows: MAY, 1999: AirTime SMR; JUNE, 1999: AirTime SMR;
JULY, 1999: Winstar, One Call, Operator Comm.
(PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 20 THRU 23 HAD 1ST READING)
20) 99-98 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.
(In connection 2/99R-231)
21) 99-99 Change of Zone 3178 - App. of Ridge Place Ltd., Ridge
Development Co., & Southview Inc. for a change from AG
Agricultural, R-3 Residential, & R-4 Residential to B-2
Planned Neighborhood Business, R-3 Residential, & R-4
Residential on property generally located on the north side
of Yankee Hill Rd. from S. 27th St. to approx. S. 34th St.
22) 99-100 Change of Zone 3194 - Amending Chapter 27.80 of the LMC to
increase filing fees for land development & zoning actions,
related to Changes of Zone, Planned Unit Developments, Use
Permits, Community Unit Plans, Mobile Home Courts & Mobile
Home Subdivisions, Special Permits, Administrative
Amendments, Appeals to the Board of Zoning Appeal, Height
Permits in the Airport Zoning, Parking, Changes in Text,
Subdivision Promotion Activity Permits, & General Fees.
(In connection w/99-101)
23) 99-101 Amending Chapter 26.11 of the LMC to increase filing fees
for land development & subdivision actions relating to
Administrative Plats, Preliminary Plats, Final Plats, &
Survey Errors. (In connection w/99-100)
ORDINANCES - 3RD READING
24) 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. (PASSED, 7-0; #17543)
25) 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.
(PLACED ON PENDING FOR 6 MONTHS, 7-0)
26) 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) (PASSED, 7-0; #17544)
27) 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)
(ADOPTED, 7-0; A-79674)
28) 99R-214 Accepting & approving the Pre. Plat of Hartland Homes
Northwest 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)
(ADOPTED, 7-0; A-79675)
29) 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.
(PASSED, 7-0; #17545)
PENDING LIST (EXTENDED FOR ONE WEEK)
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) 99-23 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)
39) 99-24 Creating Sewer Dist. 1172 from a point located 150' south-
west 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)
40) 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)
41) 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) (REMOVED FROM PENDING FOR 3RD READING W/P.H.
& ACTION ON 9/7/99 AT 6:30 P.M., 7-0)
42) 99R-134 Approving a recommendation that the Mayor amend Admini-
strative 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)
43) 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)
44) 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)
45) 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) (REMOVED FROM PENDING FOR
ACTION ON 8/30/99, 7-0)
46) 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) (REMOVED FROM PENDING FOR ACTION ON 8/30/99, 7-0)
47) 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)
48) 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 30, 1999.APPROVED, 7-0
49) 99R-230 Special Permit 1785 - App. of Vichol Chinsomboom to sell
alcoholic beverages for consumption on the premises at the
Great Scott's Food Court generally located at 3111 N.W.
12th St.
50) 99R-231 Use Permit 121 - App. of Lincoln Land & Mortgage Co. to
develop a 24,300 sq. ft. medical office building on property
generally located at S. 77th St. & Pioneers Blvd. (Appeal of
the Planning Commission Action). (In connection w/99-98)
51) 99R-232 Accepting the report of new & pending tort claims against
the City & approving disposition of claims set forth therein
for the period of August 1 thru 15, 1999.
52) 99R-233 Approving the appointment of Marc Wullschleger as the
Director of Urban Development effective Sept. 7, 1999.
53) 99R-241 Intention to buy property at 8th and H Street. (RULES
SUSPENDED TO HAVE INTRODUCTION, PUBLIC HEARING & ACTION
ON 8/30/99, 6-0; FORTENBERRY ABSENT)
ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS AGENDA, OR
NOT SCHEDULED TO APPEAR ON A FUTURE AGENDA, MAY DO SO AT THIS TIME.
ADJOURNMENT 4:52 P.M.
UPCOMING HEARINGS
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.
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.
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.
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.
14) MISCELLANEOUS REFERRALS
Report from City Treasurer for Telecommunication Occ. Tax due as
follows: MAY, 1999: Airtime SMR; JUNE, 1999: Airtime,
Inc.; JULY, 1999: Aliant, Estia Comm., Utili Corp United,
Winstar, One Call Comm., Operator Comm. (PLACED ON FILE)
Setting Hearing Date of Tues., Sept. 7, 1999 at 6:30 p.m. on the App.
of Maria G. Rico dba "Rico's Mexican Restaurant" for a Retail Class
"I" Liquor License at 6112 Havelock Ave. (ADOPTED, 7-0; A-79669)
Setting Hearing Date of Tues., Sept. 7, 1999 at 6:30 p.m. on the App.
of Hy Vee, Inc. dba "Hy Vee Foodstore #1" for a Liquor Catering
License at 6919 "O". (ADOPTED, 7-0; A-79670)
Setting Hearing Date of Tues., Sept. 7, 1999 at 6:30 p.m. on the Man.
App. of David J. McCleery for B & R Stores dba "Russ's Market" at 6300
Havelock Ave. (ADOPTED, 7-0; A-79671)
Setting Hearing Date of Tues., Sept. 7, 1999 at 6:30 p.m. on the App.
of SB Partners dba "Staybridge Suites" for a Retail Class "I" Liquor
License at 2701 Fletcher Ave. (ADOPTED, 7-0; A-79672)
City Council
Agenda History
