City Council
Agenda
ACTION For The Regular City Council Meeting Held
Monday, January 10, 2000 At 1:30 p.m.
NOTE: NEXT REGULAR COUNCIL MEETING WILL BE TUES., JAN. 18, 2000, 6:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING LIQUOR LICENSES
1) App. of Wadsworth Old Chicago, Inc. dba Old Chicago for a Class I
liquor license at 826 P St. (ADOPTED FOR APPROVAL, 7-0; A-79937)
2) Man. App. of Julie Ann Schlueter for Wadsworth Old Chicago, Inc.
dba Old Chicago at 826 P St. (ADOPTED FOR APPROVAL, 7-0; A-79938)
3) App. of KJ & E, L.L.C. dba Silver Star Steak & Buffet for a Class
I liquor license at 5551 S. 48th St. (ADOPTED FOR APPROVAL, 7-0;
A-79939)
4) Man. App. of Ronald Dee Bartholomew Jr. for KJ & E, L.L.C. dba
Silver Star Steak & Buffet at 5551 S. 48th St. (ADOPTED FOR
APPROVAL, 7-0; A-79940)
5) Man. App. of Britany Susanne Carlson for Whitehead, Inc. dba U
Stop Convenience Shop at 610 S. 10th St. (ADOPTED FOR APPROVAL,
7-0; A-79941)
6) Man. App. of Danny Lee Bolin for Whitehead Oil Company dba U Stop
Convenience Shop at 240 N. 17th St. (ADOPTED FOR APPROVAL, 7-0;
A-79942)
7) Man. App. of Kristopher L. Anderson for Pickfair Entertainment
Corp. dba Big Red Keno Sports Bar & Grill at 955 W. O St.
(ADOPED FOR APPROVAL, 7-0; A-79943)
8) Man. App. of Heather Nicole Stutzman for BVR Inc. dba Kamikaze's
at 1600 "O" St. (ADOPTED FOR APPROVAL, 7-0; A-79944)
PUBLIC HEARING ORDINANCES - 2ND READING - NONE
PUBLIC HEARING - RESOLUTIONS
9) 99R-373 Assessing the costs incurred by the City since Jan. 1, 1999
through Dec. 31, 1999, for cutting weeds against various
benefitted properties. (ADOPTED, 7-0; A-79945)
10) 99R-374 Vacating Hackberry Ln. between Anthony Ln. & E. Hillcrest
Dr., located in the three-mile jurisdiction of the City.
(PLACED ON PENDING, 7-0)
11) 99R-375 Appointing Steve Kiene to the Lincoln Electric System
Administrative Board for a 3-yr. term expiring Dec. 31, 2002.
(ADOPTED, 6-1; A-79946, CAMP DISSENTING)
12) 99R-376 Appointing June Remington to the Lincoln Electric System
Administrative Board for a 3-yr. term expiring Dec. 31, 2002.
(ADOPTED 6-1; A-79947, CAMP DISSENTING)
13) 99R-377 Appointing Tom Schleich to the Lincoln Electric System
Administrative Board for a 3-yr. term expiring Dec. 31, 2002.
(ADOPTED 6-1; A-79948, CAMP DISSENTING)
PETITIONS & COMMUNICATIONS
14) THE FOLLOWING WERE REFERRED TO PLANNING DEPT:
Change of Zone 3220 - App. of Brian D. Carstens for change to LMC
27.69.044, permitted signs; O-1, O-2, O-3.
Change of Zone 3221 - App. of Planning Director related to the
Lincoln Ballpark two changes from P to I-1 and two from I-1 to
P.
Change of Zone 3223 - App. of Planning Director to change LMC
27.07.080 minimum lot area, county section ( and ½ section)
line road right-of-way is included for the purpose of
determining area.
Change of Zone 3224 - App. of Planning Director to LMC new
section 27.71.091 to permit light wells in required yards.
Change of Zone 3226 - App. of Crawford G. Pierce from I-2 to H-3
at West Commerce Way and West Bond Street.
Change of Zone 3228 - App. of Jerome Hittner from AG to R-3 at
84th & Old Cheney.
Change of Zone 3229 - App. of Greenwood Hollow, a Nebraska
Partnership, Ed Foster from R-2 Residential to R-4 Residential
at 56th & Pioneers.
Change of Zone 3230 - App. of Planning Director to revise Section
27.55.040(d) of the Lincoln Zoning Ordinance by deleting the
reference to sea level.
Use Permit No. 11F - App. of Silver Offices, l.L.C. to develop
31,000 sq. ft. of office & early childhood care uses at South
32nd & Pine Lake Rd.
Use Permit No. 96A - App. of Mark Hunzeker to amend Use Permit
No. 96.
Special Permit No. 228H - App. of Russell Semm to amend front yd
setback in order to build a residence at 252 W Lakeshore Dr.
Special Permit 228I - App. of John Otley, Jack Peterson, Anna
Hirschman, Joan Weeks, & Jim Harmon to reduce front yard set-
back for existing carports at 432, 412, 482, 332, 492 W.
Lakeshore Dr.
Special Permit No. 494D - App. of Wm. E. Gordon, Edward Last,
Stephen C. Ravitz to expand Special Permit 494C & allow home
sites to be identified as envelopes at S.W. 11th & West Peach
St.
Special Permit No. 1423C - App. of Dru, Guy & Davie Lammle to
amend Special Permit No. 1423C.
Special Permit No. 1715A - App. of Donna M. Culwell in accord
w/LMC 27.63.400, amend Special Permit 1715 to preserve the
landmark of Yates House by expanding "Special Events" to
include regularly scheduled operation of a tea room on 1st
floor at 720 S. 16th St.
Special Permit No. 1819 - App. of Ray Burcham to build an
addition of 24'4" x 24' to the existing house at 2613 S. 9th St.
Special Permit No. 1822 - App. of NEBCO Inc. for sale of
alcoholic beverages for consumption on the premises pursuant
to 27.47.030(x) at 6th & Charleston.
Special Permit No. 1823 - App. of NEBCO, Inc. to exceed the
maximum height permitted in the district pursuant to
27.47.030(j) at 6th & Charleston.
Special Permit No. 1824 - App. of Greenwood Hollow, Ed Foster to
develop a 98 unit domiciliary care facility for people
requiring limited assistance at the Northwest corner of 56th St.
& Pioneers Blvd.
Formal Petition to Vacate a portion of Meridian Dr. from Fletcher
Ave. to Cascade Dr. signed by Home Realty, Inc.
(REFERRED TO LAW DEPT.)
15) MISCELLANEOUS REFERRALS
Setting hearing date of Mon., Jan. 24, 2000 at 1:30 p.m. on the
App. of Lincoln Holdings, LTD. dba "Yia Yia's for a Retail Class
C Liquor License at 1423 "O". (ADOPTED, 7-0; A-79949)
Report of UNL Microbiologist for water testing for the month of
Dec., 1999. (PLACED ON FILE)
THE FOLLOWING WERE REFERRED TO PLANNING DEPT.:
Change of Zone No. 3225 - App. of Gary Bredehoft, Olsson Assoc.
for a change from R-3 to O-3 and O-3 to R-3 on property at
14th & Yankee Hill.
Change of Zone No. 3231 - App. of Lincoln Federal Savings Bank
for a change from R-3 to R-4 on property located in the North
½ of Section 12, T10N, R6E of the 6th P.M. Lancaster
County, Nebraska.
Change of Zone N. 3233 - App. of Lincoln North Creek, L.D.C. to
change from R-3 to R-4 on property at Fletcher Ave. & Telluride
Dr.
Use Permit No. 126 - App. of Olsson Assoc. to develop 275,000 Sq.
Ft. of Office used at 14th & Yankee Hill Rd.
Special Permit No. 1649A - Ap. of Tabitha, Inc. for a wireless
communications facilities at 4720 Randolph.
Special Permit No. 1826 - App. of August J. Piazza et. al. Co.
Trustee to allow a domiciliary care facility and housing for
the elderly at 444 S. 56th St.
Setting hearing date of Tues., Jan. 18, 2000 at 6:30 p.m. on App.
of Medici Foundation to conduct a raffle within the City of
Lincoln. (Approved, 7-0)
REPORTS OF CITY OFFICERS
16) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on Dec. 13, 1999. (PLACED ON FILE)
17) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions pass on Dec. 20, 1999, except for Resolution
No. A-79933 (Special Permit No. 1786 - App. of Quin-C,
Inc. to Development Black Forest Estates C.U.P. and
Resolution No. A-79934 (Preliminary Plat of Black Forest
Estates) which the Mayor vetoed. (PLACED ON FILE)
(RECONSIDERED RESO. A-79933 & A-79934 ON 1/18/00, 7-0)
18) Investment of Funds for 12/17/99 & 12/27/99. (ADOPTED, 7-0,
A-79950, A-79951, A-79952)
19) Reports from City Treasurer of Telecomm. Occ. Tax due as
follows: SEPT., 1999: AT&T, Frontier, UStel; Oct., 1999:
USA Paging; Nov., 1999: Alltel, Assn Adm., I-Link
Comm., Sprint, Equality, GTC, Telco, Phoenix Network,
Worldtel, Globalcom, Inacom, Working Assets, McLeodUSA,
Global, GST Net, Stormtel, UniDial, LDM Systems, NOSVA,
Long Distance of Michigan, Tri-M, Glyphics, Affinity, Nestel
West, NOS Comm., Incomnet, Nextlink, RSL Com USA, Sprint
Spectrum, Network, D & D Comm., Destia, Cincinnati Bell,
Primus, Network Billing Systems, Intelicall, USA Paging,
Excel, Airtime SMR, Shaffer, LCI Int'l, Calls for Less,
Eclipse, Comdata, IBM Global, Trans Nat'l, Lincoln Celtel,
Business Telecom., Coast Int'l., Executive Answering Service;
DEC., 1999: Executive Answering Service. (PLACED ON FILE)
20) Report from City Treasurer of Cash on Hand at the close of
business on 11/30/99. (PLACED ON FILE)
21) Report of City Treasurer of Franchise Tax for the month of
Nov., 1999 from UtiliCorp United Gas Co. (PLACED ON FILE)
22) Setting Hearing Date of Mon., January 24, 2000 on the App.
of Famous Dave's Ribs-U, Inc. dba "Famous Dave's" for a
Liquor Catering License at 2750 Pine Lake Road.
(ADOPTED, 7-0; A-79953)
ORDINANCES - 1ST READING
(ITEMS 23 THRU 32 HAD 1ST READING. SEE ITEMS 25 & 26)
23) 00-1 Amending §8.20.050 of the LMC to reflect changes
made to the Nebraska Pure Food Act.
24) 00-2 Change of Zone 3217 - App. of Ridgewood Neighborhood Assoc.
for a change from AG Agricultural to AGR Agricultural
Residential on property generally located 1/4 mile south &
east of the corner of S.W. 27th St. & W. Denton Rd.
25) 00-3 Change of Zone 3218 - App. of the Planning Director to amend
the Zoning Ordinance of the LMC to add Chapter 27.68
relating to provisions for "Personal Wireless Facilities" to
provide a purpose, definitions,to provide for permits,
permits terms, renewal applications, renewal determinations,
conditions for renewal, location preferences, application
requirements, standards for evaluation, design criteria,
general requirements, abandonment of facilities, & to allow
personal wireless services facilities in any zoning district.
(In connection w/00-4) (TO HAVE 2ND & 3RD READING W/O
EMERGENCY CLAUSE ON 1/18/00, 7-0)
26) 00-4 Change of Zone 3219 - App. of the Planning Director to amend
§§27.03.110 & 27.63.150 of the LMC relating to the
definition of "Broadcast Tower" & the guidelines for review
of a special permit for a "Broadcast Tower." (In connection
w/00-3) (TO HAVE 2ND & 3RD READING W/O EMERGENCY CLAUSE ON
1/18/00, 7-0)
27) 00-5 Amending §6.08.160 of the LMC to increase the minimum
fine for barking dogs to $50.00.
28) 00-6 Approving a Lease Agrmt. between the City & Phantom, Inc.
for the lease of City owned property for use as an impound
lot for towed vehicles. (In connection w/00R-5)
29) 00-7 Establishing residential & commercial classes of gas service
& applicable rates to be charged by Peoples Natural Gas for
gas service within the City. (In connection w/00-8)
30) 00-8 Reaffirming the previously approved tariffs applicable to
the transportation of natural gas through the 12-inch
natural gas pipeline which is connected to the distribution
system serving the City (Lincoln Lateral). (In connection
w/00-7)
31) 00-9 Annexing approx. 318 acres of property generally located
north of Hwy. 34, south of Alvo Rd., & west of N. 1st St.
(In connection w/00-10, 00R-16, 00R-17, 00R-18, 00R-19,
00R-20)
32) 00-10 Change of Zone 3202 - App. of NEBCO, Inc. for a change from
AG Agricultural to R-3 Residential, O-3 Office Park, & B-2
Planned neighborhood Business on property generally located
north of Hwy. 34, south of Alvo Rd., & west of N. 1st St.
(In connection w/00-9, 00R-16, 00R-17, 00R-18, 00R-19,
00R-20)
ORDINANCES - 3RD READING
33) 99-137 Amending Chapter 27.63 of the LMC to allow off-premises
signs within 500' measured in all directions from a
sensitivity zone; & amending Chapter 27.69 to amend the
requirements for off-premises signs to require an
administrative permit for the installation of an off-
premises sign, to provide for the removal of a non-
conforming off-premises sign in order to obtain the
administrative permit, to provide for the automatic
expiration of the administrative permit, to provide
provisions for renewal of the permit, to provide spacing
requirements between off-premises signs & between off-
premises signs & entry corridors, designated zoning
districts, & designated uses & activities, to provide
restrictions on light-ing, & to provide for the removal
of abandoned off-premises signs.
(ACCEPTED SUB. ORD., 7-0; PASSED, 7-0; #17585)
34) 99-141 Vacating the southern 5'6" of Q St. between 11th St. & 50'
west of 12th St. (12/20/99 - Amended) (PASSED AS AMENDED,
7-0; #17586)
35) 99-142 Vacating the E. Savannah Cir. right-of-way stub east of S.
38th St. (PASSED, 7-0; #17587)
PENDING LIST (EXTENDED 1 WEEK; SEE ITEM 40)
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) 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) (REMOVE FROM PENDING FOR PUB. HEARING ON
1/24/00, 7-0)
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. (11/1/99 - Placed on Pending)
42) 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. (12/6/99 - Placed on Pending until Spring of 2000 for
Cont'd Public Hearing)
43) 99-136 Authorizing widening, reconstruction, & improvement of E.
"O" St. from 52nd to Wedgewood Dr. & acquisition of
necessary right-of-way. (12/13/99 - Action delayed to
1/24/2000)
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) 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 on Pending)
48) 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)
49) 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)
Action Items 50 - 74
City Council
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