City Council
Agenda
Action From The Regular City Council Meeting Held
Tuesday, Sept. 7, 1999 At 6:30 p.m.
ALL PRESENT EXCEPT SHOECRAFT.
PUBLIC HEARING LIQUOR LICENSES
1) App. of Maria G. Rico dba Rico's Mexican Restaurant for a
Class I liquor license at 6112 Havelock Ave.
(ADOPTED FOR APPROVAL, 6-0; A-79699.)
2) App. of Hy Vee Inc. dba Hy Vee Food Store #1 for a
liquor catering license at 6919 O St.
(ADOPTED FOR APPROVAL, 6-0; A-79700.)
3) Man. App. of David J. McCleery for B & R Stores Inc. dba
Russ's Market at 6300 Havelock Ave.
(ADOPTED FOR APPROVAL, 6-0; A-79701.)
4) App. of SB Partners dba Staybridge Suites for a Class I
liquor license at 2701 Fletcher Ave.
(ADOPTED FOR APPROVAL, 6-0; A-79702.)
5) App. of Shilar Inc. dba Speakeasy for a SDL covering an area
measuring 62' by 88' in the parking lot at 3233 ½ S.
13th St. on Sept. 17, 1999 from 6:00 p.m. to 12:30 a.m.
(ADOPTED FOR APPROVAL, 6-0; A-79703.)
PUBLIC HEARING ORDINANCES - 2ND READING (ITEMS 6 THRU 10 HAD
PUBLIC HEARING.)
6) 99-103 Annexing approx. 340.23 acres of property generally located
between Old Cheney Rd. & Pine Lake Rd. west of S. 98th St.
(In connection w/99-104, 99R-234, 99R-235, 99R-236)
(PUB. HEARING CONT'D w/3RD READING TO 9/13/99, 6-0.)
7) 99-104 Change of Zone 3168 - App. of Hampton Development Services
for a change from AG Agricultural to R-3 Residential on
property generally located between Old Cheney Rd. & Pine
Lake Rd. west of S. 98th St. (In connection w/99-103,
99R-234, 99R-235, 99R-236)
(PUB. HEARING CONT'D w/3RD READING TO 9/13/99, 6-0.)
8) 99-105 Annexing approx. 19.12 acres of property generally located
at the southeast corner of 84th & Holdrege Sts. (In
connection w/99-106, 99R-237, 99R-238, 99R-239)
(PUB. HEARING CONT'D w/3RD READING TO 9/13/99, 6-0.)
9) 99-106 Change of Zone 3171 - App. of Hoegemeyer Palmer Construction
for a change from AG Agricultural to R-3 Residential & O-3
Office Park on property generally located at the southeast
corner of 84th & Holdrege Sts. (In connection w/99-105,
99R-237, 99R-238, 99R-239)
(PUB. HEARING CONT'D w/3RD READING TO 9/13/99, 6-0.)
10) 99-107 Amending pay schedules of employees whose classifications
are assigned to the pay range prefixed by the letter "A"
by creating the job classification of Assist-ant Public
Health Epidemiologist.
PUBLIC HEARING ORDINANCES - 3RD READING
11) 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.
Vacating the alley north of W. C St. & west of SW 1st St.
(4/26/99 - Placed on Pending) (8/23/99 - Removed from
Pending for 3rd Reading w/Pub. Hearing & Action on 9/7/99)
(2NDSUB. ORD. ACCEPTED, 6-0; PLACED ON PENDING, 6-0.)
PUBLIC HEARING - RESOLUTIONS
12) 99R-234 Comp. Plan Amendment 94-34 - Amending the 1994 Comp. Plan
to extend the Future Service Limits to the east; convert
the area from Phase II to Phase I; & convert the area from
Agricultural to Urban Residential, on property generally
located between Old Cheney Rd. & Pine Lake Rd. west of S.
98th St. (In connection w/99-103, 99-104, 99R-235, 99R-236)
(PUB. HEARING CONT'D & ACTION DELAYED FOR 1 WEEK TO
9/13/99, 6-0.)
13) 99R-235 Special Permit 1762 - App. of Hampton Development Services
to develop Vintage Heights 2nd C.U.P. consisting of 392
multiple family dwelling units, 170 two-family dwelling
units, 24 three-family dwelling units, 15 acreage single
family dwelling units, & 360 single family lots, on
property generally located between Old Cheney Rd. & Pine
Lake Rd. west of S. 98th St. (In connection w/99-103,
99-104, 99R-234, 99R-236) (PUB. HEARING CONT'D & ACTION
DELAYED FOR 1 WEEK TO 9/13/99, 6-0.)
14) 99R-236 Accepting & approving the Pre. Plat of Vintage Heights 2nd
Add. on property generally located between Old Cheney Rd. &
Pine Lake Rd. west of S. 98th St. & waiving the design
standards requiring a low flow liner in Antelope Creek,
curb & gutters along S. 98th St. & Pine Lake Rd., & the
1,320 block length requirement. (In connection w/99-103,
99-104, 99R-234, 99R-235) (PUB. HEARING CONT'D & ACTION
DELAYED FOR 1 WEEK TO 9/13/99, 6-0.)
15) 99R-237 Comp. Plan Amendment 94-35 - Amending the 1994 Comp. Plan to
extend the Future Service Limits & to change the future land
use from Public/Semi-Public to Urban Residential &
Commercial, on property generally located at the southeast
corner of 84th & Holdrege Sts. (In connection w/99-105,
99-106, 99R-238, 99R-239) (PUB. HEARING CONT'D & ACTION
DELAYED FOR 1 WEEK TO 9/13/99, 6-0.)
16) 99R-238 Accepting & approving the Pre. Plat of Eagle Crest on
property generally located at the southeast corner of 84th
& Holdrege Sts. & a waiver of the requirement of LMC
§26.11.020 that the use permit accompanying the
filing of the Pre. Plat in order to allow the Use Permit
to be submitted at a later date. (In connection w/99-105,
99-106, 99R-237, 99R-239) (PUB. HEARING CONT'D & ACTION
DELAYED FOR 1 WEEK TO 9/13/99, 6-0.)
17) 99R-239 Approving an Annexation Agrmt. between the City & Hoegemeyer
Palmer Construction & Southeast Rural Fire Dept. with regard
to the annexation of approx. 19.12 acres of land generally
located at N. 84th & Holdrege Sts. (In connection w/99-105,
99-106, 99R-237, 99R-238) (PUB. HEARING CONT'D & ACTION
DELAYED FOR 1 WEEK TO 9/13/99, 6-0.)
18) 99R-240 Approving an Interlocal Agrmt. between the City & County
re-establishing a joint Data Processing Division to include
the Information Services Division, the Information Services
Policy Committee, the Government Access & Information
Committee, the Criminal Justice & Information System, & the
Geographic Information System Advisory Committee.
(ADOPTED, 6-0; A-79704.)
19) 99R-242 Resolution of Support for a joint project between the City
Parks Dept. & LPS (Southeast High School) for the
development & construction of a challenge play-ground in
Antelope Park. (ADOPTED, 6-0; A-79705.)
REQUEST SUSPENSION OF COUNCIL RULES SO THE FOLLOWING RESOLUTIONS CAN
HAVE INTRODUCTION, PUBLIC HEARING & ACTION ON TUES., SEPT. 7, 1999:
(APPROVED, 6-0.)
20) 99R-254 Appointing Patte Newman to the Lincoln-Lancaster County
Planning Commission for a 6-yr. term to expire 8/24/2005.
(ADOPTED, 6-0; A-79706.)
21) 99R-255 Appointing Linda Hunter to the Lincoln-Lancaster County
Planning Commission for a 6-yr. term to expire 8/24/2005.
(ADOPTED, 6-0; A-79707.)
22) 99R-256 Appointing Thomas "Tommy" Taylor to the Lincoln-Lancaster
County Planning Commission for a 6-yr. term to expire
8/24/2005. (ADOPTED, 6-0; A-79708.)
23) 99R-257 Appointing Helen Boosalis to the Community Health Endowment
Board of Trustees for a 3-yr. term to expire 9/01/2002.
(ADOPTED, 6-0; A-79709.)
24) 99R-258 Appointing Shirley Marsh to the Community Health Endowment
Board of Trustees for a 3-yr. term to expire 9/01/2002.
(ADOPTED, 4-2; FORTENBERRY & JOHNSON DISSENTING; A-79710.)
25) 99R-259 Reappointing A. Mike Alesio to the Community Health
Endowment Board of Trustees for a 3-yr. term to expire
9/01/2002. (ADOPTED,
6-0; A-79711.)
26) 99R-260 Reappointing Clay Smith to the Community Health Endowment
Board of Trustees for a 3-yr. term to expire 9/01/2002.
(ADOPTED, 6-0; A-79712.)
PETITIONS & COMMUNICATIONS
27) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
28) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on Aug. 23, 1999. (PLACED ON FILE)
29) Investment of Funds. (ADOPTED, 6-0; A-79715.)
30) Affidavit of Mailing for Board of Equalization, Mon., Sept.
20, 1999, at 10:00 a.m. on the Board of Equalization Special
Assessment Group II. (PLACED ON FILE)
31) Reports from City Treasurer of Telecomm. Occ. Tax due for
the month of July, 1999 from: Coast International, GTC
Telecom, AT&T Comms. of the Midwest, Sprint Spectrum,
Lincoln Celtelco, Sprint Comms., & Intellicall Operator
Services. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 32 & 33 HAD 1ST READING.)
32) 99-102 Creating Sewer Dist. 1173 from a point in 7th St.
located approx. 250' north of Ogden Rd. to a point in 10th
St. located approx. 650' north of Superior St.
33) 99-109 Approving an Agrmt. between the City & Omaha Public Power
Dist. to reduce summer electricity bills by pumping
additional water in off-peak hours between June 1 & Sept.
15, between the hours of 10:00 p.m. & 11:00 a.m. with charge
for energy use only & without a demand charge during the
above time frame.
(TO HAVE 2ND & 3RD READING ON 9/13/99, 6-0.)
ORDINANCES - 3RD READING
34) 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 w/99R-231) (PASSED, 6-0; #17546.)
35) 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)
(8/30/99 - Action delayed to 9/7/99) (AMENDED, 6-0; ADOPTED,
6-0; A-79716.)
36) 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. (PASSED, 6-0; #17547.)
37) 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) (PASSED, 6-0; #17548.)
38) 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)
(PASSED, 6-0; #17549.)
PENDING LIST(EXTENDED ONEWEEK.)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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)
50) 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)
51) 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)
52) 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)
53) 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)
54) 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. (8/23/99 - Placed on Pending
for 6 months)
55) 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.
(8/30/99 - Placed on Pending for 1 month)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON MONDAY, SEPTEMBER 13, 1999. (APPROVED, 6-0.)
56) 99R-243 Special Permit 1792 - App. of Valentino's to construct a
parking lot on property generally located at N. 35th &
Holdrege Sts.
57) 99R-244 Appointing Norm Hall to the Heating, Ventilating, & Cooling
Examiners Board for a 3-yr. term expiring April 4, 2002.
58) 99R-247 Appointing Cathy Noth, Sarah Porto, & Roberta Stick to the
Lincoln-Lancaster Women's Commission for terms expiring
March 1, 2002, Jan. 1, 2001, & March 1, 2002 respectively.
59) 99R-248 Appointing Pamela Carmichael & Olga Sanchez to the Citizen
Police Advisory Board to fill unexpired terms expiring Nov.
17, 2001 & Nov. 17, 2000 respectively.
60) 99R-249 Establishing & approving a connection fee for property
owners whose land is outside the preliminary plats of Regent
Heights 1st Add. & Northern Lights Add. to connect to the
sanitary trunk sewer pursuant to the Conditional
Annexation & Zoning Agrmt..
61) 99R-250 Accepting the report of new & pending tort claims against
the City & approving disposition of claims set forth therein
for the period of Aug. 16 thru 31, 1999.
62) 99R-251 Approving the use of public right-of-way by Galaxy Telecom,
L.P. for the installation of a fiber optic cable in
locations generally along 17th St. from L to Sewell Sts. &
along 48th St. from Randolph to Cotner Blvd.
(REMOVED FROM INTRODUCTION, 6-0.)
63) 99R-252 Approving the use of public right-of-way by Level 3
Communications for the installation of a fiber optic cable
in 14th St. between Salt Creek & Cornhusker Hwy.
64) 99R-253 Special Permit 1780 - App. of John Jacox for authority to
sell alcoholic beverages for consumption off the premises
at 8401 W. O St. & rescinding Resolution A-79620.
ADJOURNMENT 9:06 P.M.
UPCOMING HEARINGS
Hearing date of Mon., Sept. 13, 1999 at 1:30 p.m. on the App. of
Whitehead Oil Co. dba U-Stop Convenience Shop for a Retail Class B &
K Liquor License at 6801 Wildcat Dr.
Hearing Date of Mon., Sept. 13, 1999 at 1:30 p.m. on 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.
Hearing Date of Mon., Sept. 20, 1999, at 10:00 a.m. on the Board of
Equalization Special Assessment Group II.
27) MISCELLANEOUS REFERRALS
Setting hearing date of Mon., Sept. 20, 1999 at 1:30 p.m. on the Man.
App. of Thomas Baumert for Gas N Shop, Inc. dba Gas N Shop at 951
W. "O"St., 5560 S. 48th Suite #1, 2801 "O" St., & 3201 W. "O" St.
(ADOPTED, 6-0; A-79713.)
Setting hearing date of Mon., Sept. 20, 1999 at 1:30 p.m. on the
Request of Mum's Classic Spirits, Inc. dba Mum's Liquor to transfer
their Class D Liquor License from 841 N. 27th to 2202 "O" St.
(ADOPTED, 6-0; A-79714.)
App. of Lincoln Hospital Assoc., 2300 S. 16th, Lincoln, to conduct
lotteries within the City. (HEARING DATE SET FOR MON., SEPT. 13,
1999 AT 1:30 P.M., 6-0.)
App. of Nebraska Credit Union League, Inc. of 11904 Arbor St., Omaha,
to conduct a Raffle within the City. (HEARING DATE SET FOR MON.,
SEPT. 13, 1999 AT 1:30 P.M., 6-0.)
Lincoln Water & Wastewater System Recapitulation of Daily Cash
Receipts for Aug., 1999. (PLACED ON FILE)
Petition to Vacate Public Way in 60th St. south of Seward Ave. ½
block signed by Randy Hartshorn. (REFERRED TO LAW DEPT.)
Reports from City Treasurer of Telecomm. Occ. Tax due as follows:
April, 1999: Nebraska Radio Telephone Systems; July, 1999:
Excel Telecomm., MCI Telecomm., Phoenix Network, Eclipse Telecomms.,
McLeod USATelecomms., Calls for Less, IBM Global Services, Comdata
Telecom, LCI International, Trans National, & Aliant Cellular.
(PLACED ON FILE)
Report on Mary H. Brown Irrevocable Trust #1 & #2 for period of 6/1/99
through 8/31/99. (PLACED ON FILE)
City Council
Agenda History