ACTION For The Regular City Council Meeting Held
Monday, November 8, 1999 At 1:30 p.m.
NOTE: MON., NOV. 22, 1999 WILL BE THE CITY COUNCIL 6:30 P.M. MEETING
1) App. of Lincoln Firefighters Local #644 Reception Hall,
L.L.C. for a Class I liquor license at 241 Applecreek Rd.
(ADOPTED ON CONDITIONAL APPROVAL, 7-0; A-79836)
2) Man. App. of Ormand Bernard Plautz for Lincoln Firefighters
Local #644 Reception Hall, L.L.C. at 241 Applecreek Rd.
(ADOPTED FOR APPROVAL, 7-0; A-79837)
3) App. of Empire Restaurants Inc. dba TGI Friday's to expand
their existing Class I liquor license by the addition of an
area approx. 15' by 45' to the north at 210 N. 48th St.
(ADOPTED FOR APPROVAL, 7-0; A-79838)
4) App. of Benicio Lobo dba Prisa Mexican Market for a change
of location of their existing Class B liquor license from
1235 F St. to 1037 L St. (ADOPTED FOR APPROVAL, 7-0; A-79839)
5) Request of Benicio Lobo dba "Prisa Mexican Market for a
grant of permission for the licensed premises at 1237 "F"
remain closed longer than ten consecutive days as set forth
in the LMC 5.04.270 for a period commencing Nov. 11, 1999
until Dec. 1, 1999 or until such time as the final necessary
inspections are completed and the liquor license is issued
for the new location at 1037 "L". (APPROVED, 7-0)
6) Man. App. of Larry J. Mackey for Lone Star Steakhouse &
Saloon at 200 N. 70th. (ADOPTED FOR APPROVAL, 7-0; A-79840)
ORDINANCES - 2ND READING (HAD 2ND READING)
7) 99-131 Change of Zone 3211 - App. of McDonald's Corp. to amend
§27.69.240 of the LMC to increase the area of menu
8) 99-132 Amending the corporate limits of the City by annexing
approx. 10 acres of property generally located 1/3 mile
south of 84th & Old Cheney Rd.
9) 99-133 Amending Chapter 9.16 of the LMC by adding a new section
numbered 9.16.185 to make it unlawful for any person to
intentionally, knowingly, or recklessly spit or expectorate
upon another person.
10) 99-134 Amending §2.04.020 of the LMC to prohibit the use of
any mobile, portable, or wireless communication device in
any meeting of the City Council.
PUBLIC HEARING - ORDINANCE - 3RD READING
11) 99-125 Change of Zone 3205 - App. of Michael Benes for a P.U.D. for
31,500 sq. ft. of commercial space & a change from P Public
to R-2 Residential PUD, from I-1 Industrial to R-2
Residential PUD, P Public to I-1 Industrial PUD, from I-1
Industrial to I-1 Industrial PUD, & from R-2 Residential to
I-1 Industrial PUD on property generally located at 722 Hill
St. (AMENDED, 7-0; 2ND AMENDMENT, 7-0; PASSED, 7-0; #17572)
PUBLIC HEARING - RESOLUTIONS
12) 99R-324 Adopting the Lincoln Electric System Annual Operating &
Capital Improvements Budget for calendar year 2000.
(ACTION DELAYED TO 11/22/99, 7-0.)
13) 99R-313 Special Permit No. 1795 - App. of Sprint PCS to construct an
85' monopole telecommunications tower adjacent to an existing
sand elevator on property generally located at 923 N. 23rd
St. (Appeal of Sprint PCS from Planning Commission
condition). (AMENDED, 6-1; JOHNSON DISSENTING; ADOPTED,
14) 99R-319 Special Permit 277G - App. of Sprint PCS to amend the Pine
Lake CUP to show wireless telecommunications antennae on an
existing water tower & to allow associated ground equipment
on property generally located at S. 84th St. & Pine Lake Rd.
(ADOPTED, 7-0; A-79842)
15) 99R-320 Waiving the design standard conditions for the installation
of sidewalks & street trees along the south side of W. "O"
St. & the west side of SW 27th St. in the Admin. Final Plat
of U.S. Xpress Add. (ACTION DELAYED ONE WEEK TO
11/15/99; 7-0; RECONSIDERED, 7-0; ADOPTED, 7-0; A-79843)
16) 99R-321 Waiving the design standard condition for the installation
of the sidewalk in the pedestrian way easement in the Autumn
Ridge 4th Add. final plat, on property generally located at
the east end of Atwood Cir. off of N. 23rd St.
(ADOPTED, 7-0; A-79844)
17) 99R-322 Approving the 1999-2000 Supplemental Work Plan to the Inter-
local Agrmt. between the City & the Lower Platte South N.R.D.
which established a division of responsibilities for
addressing stormwater quality & quantity in the City.
(ADOPTED, 7-0; A-79845)
18) 99R-325 Establishing the Post Employment Health Plan for non-
represented employees in pay ranges prefixed by "M", "E", &
"DSS". (ADOPTED, 7-0; A-79846)
19) 99R-327 Appointing Paulette Jones & Amrita Mahapatra to the Mayor's
Multicultural Advisory Committee for 3-yr. terms expiring
Sept. 18, 2002. (ADOPTED, 7-0; A-79847)
20) 99R-328 Reappointing Thomas Christie, Judi Morgan, Randy Ross, &
Annette McRoy to the Mayor's Multicultural Advisory
Committee for 3-yr. terms expiring Sept. 18, 2002.
(ADOPTED, 7-0; A-79848)
21) 99R-329 Reappointing Leona Kolbet & Joni Thomas to the StarTran
Advisory Board for 3-yr. terms expiring Oct. 20, 2002.
PETITIONS & COMMUNICATIONS
22) THE FOLLOWING WERE REFERRED TO PLANNING DEPT.:
Change of Zone 3202 - App. of NEBCO Inc. for a change from AG to
R-3, O-3, B-2 on property at Hwy 34 & N 1st St.
Change of Zone 3212 - App. of Planning Director for a change to
amend the existing language of Off-Premise signs (billboards)
in the zoning code 27.69.
Special Permit 1322 - App. of Divine Tower Int'l. to construct a
telecommunications facility at 7th & Fletcher.
Special Permit 1527A - App. of Phil Metz to build a screen room
into required rear yard on property at 1230 Pelican Bay
Special Permit 1808 - App. of NEBCO, Inc. to develop townhomes &
apartments in a C.U.P. on property at N. 1st & Hwy 34.
Special Permit 1809 - App. of Jerry Varner to add onto the single
family dwelling into the existing rear yard at 1947 South St.
Special Permit 1810 - App. of Robert & Joan Ahrens for a parking
lot for Hardwood Heaven next door to the north on property
at S. 14th & Stockwell St.
Special Permit 1811 - App. of Time Warner Cable for a cable
communication system for cable television purposes in
accordance with 27.63.225 on property at 61st & Platte.
Special Permit 1812 - App. of Time Warner Cable for a cable
communications system for cable television purposes in
accordance with 27.63.225 at 10th & Oak Sts.
Use Permit 107A - App. of Firethorn Investment to amend Use
Permit #107 for office park on property at 84th & Montello
Use Permit 124 - App. of NEBCO Inc. to develop office uses,
shopping/retail, grocery store uses, restaurant use &
banking use on property at Hwy #34 & N. 1st St.
23) Letter from Lynn J. Beranek, 421 S. 25th appealing the decision
of the Capitol Environs Commission in favor of the removal of two
large, older trees at the Century House.
(APPEAL REMOVED) (PLACED ON FILE)
24) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
25) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on Oct. 25 1999.
(PLACED ON FILE)
26) Investment of Funds. (ADOPTED, 7-0; A-79851)
27) A joint request to set public hearing of Mon., Nov. 29,
1999, at 6:30 p.m. with the Lincoln City Council and the
State Highway Commission on the East "O" widening design
project. (APPROVED, 7-0)
28) Reports from City Treasurer of Telecomms. Occ. Tax as
follows: JULY, AUG.: PNG, OneStar; SEPT.: PNG,
OneStar, Telco Dev., McLeod USA, Working Assets, Affinity,
Excel, MCI, Aliant. (PLACED ON FILE)
29) Report from City Treasurer of Franchise Fees for the quarter
ending Sept. 30, 1999 of $425,524.43 from Time Warner Cable.
(PLACED ON FILE)
ORDINANCES - 1ST READING (HAD 1ST READING)
30) 99-135 Change of Zone 3198 - App. of Quin-C, Inc. for a change from
R-1 to R-2 Residential on property generally located at S.
62nd St. & Old Cheney Rd. (In connection w/99R-332,
99R-333) (PUB. HEARING DELAYED TO 11/29/99, 7-0)
RESOLUTIONS - FOR COUNCIL ACTION - HAD PUBLIC HEARING
31) 99R-316 Accepting the report of the Parkview Apartments Tort Claim
filed against the City & approving the disposition of said
claim. (ADOPTED, 7-0; A-79826A)
ORDINANCES - 3RD READING
(AND RELATED RESOLUTIONS - HAD PUB. HEARING)
32) 99-128 Amending the corporate limits of the City by annexing
approx. 40 acres of property generally located at S.
Coddington Ave. & W. Van Dorn St. (In connection w/99R-312)
(PASSED, 7-0; #17573)
33) 99R-312 Accepting & approving the Pre. Plat of Lee's Place consisting
of 131 single family dwelling units & two outlots on property
generally located at S. Coddington Ave. & W. Van Dorn St.
(In connection w/99-128) (ADOPTED, 7-0; A-79852)
34) 99-129 Change of Zone 3134A - App. of Judy Fricke to amend the
Willow Springs P.U.D. to reduce the side yard from 10' to 5'
in the area zoned R-1, on property generally located at S.
78th St. & Pioneers Blvd. (PASSED, 7-0; #17574)
35) 99-130 Change of Zone 67HP - App. of Sigma Chapter House of Kappa
Kappa Gamma Sorority for a landmark designation for the
Kappa Kappa Gamma Sorority House at 616 N. 16th St.
(PASSED, 7-0; #17575)
PENDING LIST (EXTENDED ONE WEEK)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 99R-134 Approving a recommendation that the Mayor amend
Administrative Regulation #9 to allow for the creation &
implementation of a take-home vehicle program for police
officers in targeted revitalization strategy areas.
(5/10/99 - Placed on Pending)
44) 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)
45) 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)
46) 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)
47) 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)
48) 98-104 Vacating the alley north of W. C St. & west of SW 1st St.
(9/7/99 - 2nd Sub. Ord. Accepted. Placed on Pending)
49) 99R-289 Comp. Plan Amendment 94-38 - App. of the Planning Director
to incorporate the Beal Slough Basin Stormwater Master Plan
by reference as an approved component of the Comprehensive
Plan. (10/11/99 - Placed on Pending)
50) 99-116 Change of Zone 3208 - App. of the Planning Director to delete
the 50' Building Line Dist. along the north side of Pioneers
Blvd. abutting Lot 2, Brockemeyer Add., generally located at
S. 84th St. & Pioneers Blvd. (10/18/99 - Placed on Pending)
51) 99-120 Vacating the westerly 25' of N. 8th St. lying between P & Q
Sts. & the south 8' of Q St. adjacent to Lot 1, Candy
Factory Subdivision. (10/25/99 - Placed on Pending)
52) Man. App. of Jon Mackey for Famous Dave's Ribs-U, Inc. dba
Famous Dave's at 2750 Pine Lake Rd. (10/25/99 - Placed on
Pending for Report)
53) 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. (11/1/99 - Placed on Pending)
54) 99-126 Vacating portions of "M", "N", & S. 8th Sts. between "M" &
"N" Sts. on the west side of S. 8th St. (11/1/99 - Placed
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON MONDAY, NOVEMBER 15, 1999. APPROVED, 7-0
55) 99R-323 Approving the use of public right-of-way by Lynn & Dorene
Casey for the reconstruction of a retaining wall along the
east side of Frost Dr. north of "J" St. for the property
located at 3600 "J" St.
56) 99R-330 Resolution of Intent for use of bond proceeds for South
Central Recreation Center Bond.
57) 99R-331 Appointing Matt Morrissey to the Examining Board of Plumbers
for a 3-yr. term expiring Sept. 4, 2002.
58) 99R-332 Special Permit 1786 - App. of Quin-C, Inc. to develop Black
Forest Estates C.U.P. consisting of 88 dwelling units on
property generally located at S. 62nd St. & Old Cheney Rd.
(In connection w/99-135, 99R-333)
(PUB. HEARING DELAYED TO 11/29/99, 7-0)
59) 99R-333 Accepting & approving the preliminary plat of Black Forest
Estates on property generally located at S. 62nd St. & Old
Cheney Rd. including waivers of the requirements for a side-
walk along the west side of Black Forest Dr., a roll-over
curb section, & a low flow liner. (In connection w/99-135,
99R-332) (PUB. HEARING DELAYED TO 11/29/99, 7-0)
60) 99R-334 Accepting the report of new & pending tort claims against
the City & approving disposition of claims set forth therein
for the period of Oct. 16 thru 31, 1999.
61) 99R-335 Appointing Susan Holland to the Government Access &
Information Committee to fill an unexpired term expiring
Jan. 1, 2000.
ADJOURNMENT 3:49 P.M.
Hearing date of Mon., Nov. 15, 1999, at 1:30 p.m. on the App. of Blue
Heron, Inc. dba Blue Heron Wine Bar & Bistro for a Retail Class C
Liquor License at 555 S. 48th, #F.
Hearing date of Mon., Nov. 22, 1999, at 6:30 p.m. - 99R-326 Resolution
to provide the authority to construct a Paving Unit on 72nd St. from
Havelock Ave. to Morrill Ave.
24) MISCELLANEOUS REFERRALS
Reports from City Treasurer of Telecomms. Occ. Tax as follows:July,
Aug., 1999: Matrix; Sept., 1999: Matrix, LCI, GTE, GE Capital,
Calls for Less, Comdata, Trans Nat'l, QWest, Eclipse, IBM Global,
Lincoln Celtelco. (PLACED ON FILE)
Report UNL Microbiologist for water testing for the month of Oct.,
1999. (PLACED ON FILE)
Setting Hearing date of Mon., November 22, 1999 at 1:30 p.m. on the
Man. App. of Damon Debowey for Misty, Inc. dba "Misty Edgewood" at
5508 S. 56th, Ste. 5. (ADOPTED, 7-0; A-79850)