ACTION From The Regular City Council Meeting Held
Monday, November 15, 1999 At 1:30 p.m.
ALL PRESENT EXCEPT CAMP.
NOTE: MON., NOV. 22, 1999 WILL BE THE CITY COUNCIL 6:30 P.M. MEETING
MAYOR'S AWARD OF EXCELLENCE - PAT LOPEZ, HEALTH DEPT.
1) App. of Blue Heron, Inc. dba Blue Heron Wine Bar & Bistro
for a Class C liquor license at 5555 S. 48th St., Suite F.
(ADOPTED FOR APPROVAL, 6-0; A-79853.)
2) Man. App. of Douglas Smith for Blue Heron, Inc. dba Blue
Heron Wine Bar & Bistro at 5555 S. 48th St., Suite F.
(ADOPTED FOR APPROVAL, 6-0; A-79854.)
PUBLIC HEARING ORDINANCES - 2ND READING - NONE
PUBLIC HEARING - RESOLUTIONS
3) 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. (ADOPTED, 6-0; A-79855.)
4) 99R-330 Resolution of Intent for use of bond proceeds for South
Central Recreation Center Bond. (ADOPTED, 6-0; A-79856.)
5) 99R-331 Appointing Matt Morrissey to the Examining Board of Plumbers
for a 3-yr. term expiring Sept. 4, 2002.
(ADOPTED, 6-0; A-79857.)
6) 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.
(ADOPTED, 6-0; A-79858.)
7) 99R-335 Appointing Susan Holland to the Government Access &
Information Committee to fill an unexpired term expiring
Jan. 1, 2000. (ADOPTED, 6-0; A-79859.)
PETITIONS & COMMUNICATIONS
8) MISCELLANEOUS REFERRALS
Reports from City Treasurer of Telecomms. Occ. Tax due as
follows: Aug. & Sept., 1999: USA Paging LLC; Sept., 1999:
Aliant Comms. dba Alltel; Oct., 1999: One Call Comms.,
Network Billing Systems, Western Union Comms. & Operator
Comms. (PLACED ON FILE)
Five Petitions to Vacate Public Way in 49th St. from the
south right-of-way of Prescott Ave. to the north right-of-
way of Lowell Ave. all signed by Nebraska Conference of
Seventh Day Adventists. (REFERRED TO LAW)
Two Petitions to Vacate Public Way in Cooper Ave., from the
west line of S. 52nd St., west approx. 158' to the west line
of the north/south alley signed by Union College.
(REFERRED TO LAW)
Setting hearing date of Mon., Nov. 29, 1999 at 1:30 p.m. on
the Request of Point After, Inc. dba Point After for an
addition of their licensed premise at 1011 W. Dawes Ave.
(holder of a Retail Class I Liquor License).
(ADOPTED, 6-0; A-79860.)
REPORTS OF CITY OFFICERS
9) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on Nov. 1, 1999. (PLACED ON FILE)
10) Investment of Funds. (ADOPTED, 6-0; A-79861.)
11) Setting hearing date of Mon., Dec. 6, 1999, at 10:00 a.m.
on the Board of Equalization Special Assessment Group III.
(ADOPTED, 6-0; A-79862.)
11a) Levying the Assessments & Setting the Interest Rate for the
Downtown Core & Perimeter Management & Enhancement Dists. &
the Downtown Maintenance Dist. from the Board of
Equalization of Nov. 8, 1999.
(ADOPTED, 6-0; A-79863.)
ORDINANCES - 1ST READING - NONE
RESOLUTIONS - FOR COUNCIL ACTION - HAD PUBLIC HEARING
12) 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.. (11/8/99 - Action delayed to 11/15/99)
(REMOVED FROM THE AGENDA DUE TO HAVING BEEN ADOPTED ON
ORDINANCES - 3RD READING
13) 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
board signs. (PASSED, 6-0; #17576.)
14) 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. (PASSED, 6-0; #17577.)
15) 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. (PASSED, 6-0; #17578.)
16) 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.
(AMENDED, 6-0; PASSED, 6-0; #17579.)
PENDING LIST (EXTENDED ONE WEEK. SEE ITEM 36.)
17) 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)
18) 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)
19) 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)
20) 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)
21) 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)
22) 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)
23) 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)
24) 99R-134 Approving a recommendation that the Mayor amend Administra-
tive 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
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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
32) 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)
33) 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)
34) 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)
35) 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
36) 99R-324 Adopting the Lincoln Electric System Annual Operating &
Capital Improvements Budget for calendar year 2000.
(11/8/99 - Action delayed to 11/22/99)
(REMOVED FROM PENDING TO HAVE ACTION ON 11/22/99, f6-0.)
37) 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) (11/8/99 - Pub. Hearing delayed to 11/29/99)
38) 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) (11/8/99 - Pub. Hearing
delayed to 11/29/99)
39) 99R-333 Accepting & approving the Pre. Plat of Black Forest Estates
on property generlly located at S. 62nd St. & Old Cheney Rd.
including waivers of the requirements for a sidewalk along
the west side of Black Forest Dr., a roll-over curb section,
& a low flow liner. (In connection w/99-135, 99R-332)
(11/8/99 - Pub. Hearing delayed to 11/29/99)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON MONDAY, NOVEMBER 22, 1999:(APPROVED, 6-0.)
40) 99R-326 Ordering Construction of Paving Unit 134 in 72nd St.
from Havelock Ave. to Morrill Ave.
41) 99R-336 Special Permit 1725A - App. of Chuck Schmidt to amend the
Christensen Court C.U.P. to increase the number of dwelling
units from 9 to 13 on property generlly located at 37th & L
42) 99R-337 Approving an Agrmt. between Big Red Keno & T & C Lounge for
the operation of a Keno satellite site at 3245 Cornhusker
43) 99R-338 Approving a Conservation Easement Agrmt. between the
City & Long View Estates, Inc. to encourage & preserve
the wetlands in an area generally located at S.W. 40th
& W. Van Dorn Sts.
44) 99R-339 Approving a Skywalk Permit & Operating Agrmt. between
the City & John Q. Hammons Revocable Trust authorizing
the development & operation of a sky-alk over N. 10th
St. & N. 11th St. connecting the Embassy Suites Hotel
to the Que Place Garage & to a new public garage on
ADJOURNMENT 2:31 P.M.
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.
Hearing date of Mon., Nov. 22, 1999, at 6:30 p.m. on the Man.
App. of Damon Debowey for Misty Edgewood at 5508 S. 56th.
Joint Public Hearing - Lincoln City Council/State Highway
Commission - Mon., Nov. 29, 1999 at 6:30 p.m. regarding East
"O" Street Widening Design Project.