City Council
Agenda
ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 24, 2000 AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING LIQUOR LICENSES
1) Man. App. of Jon Mackey for Famous Dave's Ribs-U, Inc. dba
Famous Dave's at 2750 Pine Lake Rd.
(ADOPTED FOR APPROVAL, 7-0; A-79973)
2) App. of Famous Dave's Ribs-U, Inc. for a liquor catering
license at 2750 Pine Lake Rd.
(ADOPTED FOR APPROVAL, 7-0; A-79974)
3) App. of Lincoln Holdings, Ltd. dba Yia Yia's for a Class "C"
liquor license at 1423 O St. (PUB. HEARING & ACTION DELAYED
FOR 1 WEEK TO 1/31/00, 7-0)
4) Man. App. of Nader Sepahpur for Lincoln Holdings, Ltd. dba
Yia Yia's at 1423 O St. (PUB. HEARING & ACTION DELAYED FOR
1 WEEK TO 1/31/00, 7-0)
PUBLIC HEARING ORDINANCES - 2ND READING
(ITEMS 5 & 6 HAD 2ND READING)
5) 00-11 Approving a transfer of appropriations within the Water
Construction Fund of $360,000.00 from Capital Improvement
Proj. No. 506220 (48" water main from 77th & Vine St. to
84th to SE Reservoir at 84th & Yankee Hill Rd.) to Capital
Improvement Proj. No. 701178 (16" water main in Pine Lake
Rd. from 84th to 98th Sts.; & $130,000.00 from Capital
Improvement Proj. No. 701175 (water main in Yankee Hill Rd.,
from 20th to 14th Sts. & 1/4 mile north) to Capital
Improvement Proj. No. 506050 (Subsidies).
6) 00-13 Amending Chapter 5.06 of the LMC to increase the examination
fee for a first-class & second-class arborist's certificate
from $15.00 to $25.00 & to increase the annual renewal fee
for an arborist's certificate from $4.00 to $10.00.
PUBLIC HEARING - RESOLUTIONS
7) 00R-3 Special Permit 1816 - Appeal of Dr. Donald J. Jorgensen to
the Planning Commission approval for the excavation of soil
on property generally located south & east of the corner of
N.W. 40th & W. Vine Sts. (ADOPTED, 7-0; A-79975)
8) 00R-25 Reappointing Donald R. Stading & Lloyd Hinkley to the Board
of Directors of the Lincoln Hospital Association for three
year terms expiring December 31, 2002. (ADOPTED, 7-0;
A-79976)
PETITIONS & COMMUNICATIONS
9) MISCELLANEOUS REFERRALS
Setting Date of Mon., Feb. 7, 2000 at 1:30 p.m. on the App. of
Darrel D. & Cheryl G. Walton dba "The Silver Spur" for a Retail
Class "C" Liquor License at 5100 N. 48th St.
(ADOPTED, 7-0; A-79977)
Reports from City Treasurer of Telcomm. Occ. tax due as follows:
Jan. - Dec., 1999: Premiere Comm.; July - Sept., 1999:
Zenex; Oct.-Dec., 1999: Touch 1, Claricom; Dec., 1999:
Teligent, Business Telecom., Winstar, Matrix, Network Billing,
Operator Comm., D&D Comm., Western Union, One Call, Cincinnati
Bell, Destia, Primus, Atlas, Opex, Unidial, Global, RSL COM USA,
NOS, Nextlink, Glyphics, Stormtel, LDM Systems, Tri-M, Incomnet,
GTC, Affinity Network, INACOM, GST Net, Globalcom, Worldtel
Services. (PLACED ON FILE)
Report from City Treasurer of Cash on Hand at the close of
business Dec. 30, 1999. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
10) Clerk's Letter & Mayor's Approval of Ordinances & Resolutions
passed on Jan. 10, 2000. (PLACED ON FILE)
11) Investment of Funds. (ADOPTED, 7-0; A-79978)
ORDINANCES - 1ST READING
(ITEMS 12 THRU 20 HAD 1ST READING. SEE ITEM 20)
12) 00-14 Amending Section 9.16.230 of the LMC to define "nudity" & to
make it unlawful for a person to appear in any public place
in a state of nudity or for an employee or performer to have
any physical contact with any patron.
13) 00-15 Amending Section 10.06.120 of the LMC to provide for a fine
for parking of trucks or other oversized vehicles on streets
adjacent to residentially zoned property.
14) 00-16 Change of Zone 3182 - App. of the B & J Partnership & the
Planning Director for a change from R-2 Residential to B-2
Planned Neighborhood Business & from R-2 Residential to P
Public on property generally located at S. Coddington Ave.
& W. "A" St. (In connection w/00-17, 00R-27)
15) 00-17 Declaring approx. 0.9 acres of property generally located at
S. Coddington Ave. & W. "A" St. as surplus & authorizing the
sale thereof. (In connection w/00-16, 00R-27)
16) 00-18 Change of Zone 3230 - Amending Section 27.55.040(d) of the LMC
to delete the reference to mean sea level & add a reference to
North American Vertical Datum (NAVD) 1988.
17) 00-19 Change of Zone 3223 - Amending Section 27.07.080 of the LMC
to allow for county road right-of-way to be included in lot
area under certain circumstances.
18) 00-20 Change of Zone 3226 - App. of Brian D. Carstens & Associates
for a change from I-2 Industrial Park to H-3 Highway
Commercial on property generally located at approx. W.
Commerce Way & W. Bond St., near N.W. 12th St.
19) 00-21 Change of Zone 3228 - App. of Jerome Hittner for a change from
AG Agricultural to R-3 Residential on property generally
located east of S. 84th St. & 200' north of Old Cheney Rd.
20) 00-22 Amending Section 2.76.150 of the LMC to remove the require-
ments that pay increases for exceptional service be approved
by the Mayor and to provide that the Director of Personnel
annually send a written report to the Mayor listing employees
approved for exceptional service pay increases.
(REMOVED FROM AGENDA, 7-0)
ORDINANCES - 3RD READING
21) 00-1 Amending Sec. 8.20.050 of the LMC to reflect changes made to
the Nebraska Pure Food Act. (PASSED, 7-0; #17590)
22) 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.
(PASSED, 7-0; #17591)
23) 00-5 Amending Sec. 6.08.160 of the LMC to increase the minimum
fine for barking dogs to $50.00. (PASSED, 7-0; #17592)
24) 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)
(PASSED, 7-0; #17593)
25) 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) (PASSED, 7-0; #17594)
26) 99-136 Authorizing widening, reconstruction, & improvement of E.
"O" St. from 52nd to Wedgewood Dr. & acquisition of
necessary right-of-way. (AMENDED, 7-0; PASSED AS AMENDED,
6-1; CAMP DISSENTING; #17595)
ORDINANCES - 3RD READING
(AND RELATED RESOLUTIONS - HAD PUB. HEARING)
27) 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)
(AMENDED, 5-2; COOK & SENG DISSENTING; PASSED AS AMENDED,
6-1; COOK DISSENTING; #17596)
28) 00R-5 Approving a 4-yr. contract between the City & Phantom, Inc.
for vehicular towing & storage. (In connection w/00-6)
(AMENDED, 7-0; ADOPTED AS AMENDED, 6-1; COOK DISSENTING;
A-79979)
29) 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) (PASSED, 7-0; #17597)
30) 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) (PASSED, 7-0; #17598)
31) 00R-16 Comp. Plan Amendment 94-41 - Amending the 1994 Comprehensive
Plan to extend the Future Service Limits & to change the
Land Use Plan, Functional Classifications, Future Rd.
Network, & Future Water System on property generally located
north of Hwy. 34, south of Alvo Rd., & west of N. 1st St.
(In connection w/00-9, 00-10, 00R-17, 00R-18, 00R-19, 00R-20)
(ADOPTED, 7-0; A-79980)
32) 00R-17 Special Permit 1808 - App. of NEBCO, Inc. to develop Fall-
brook Community Unit Plan consisting of 314 dwelling units
on property generally located north of Hwy. 23, south of
Alvo Rd. & west of N. 1st St.
(ADOPTED, 7-0; A-79981)
33) 00R-18 Use Permit 124 - App. of NEBCO, Inc. to develop 620,000 sq.
ft. of commercial space & approx. 50 dwelling units on
property generally located north of Hwy. 34, south of Alvo
Rd., & west of N. 1st St. (In connection w/00-9, 00-10,
00R-17, 00R-19, 00R-20)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-79982)
34) 00R-19 Accepting & approving the Pre. Plat of Fallbrook Add. on
property generally located north of Hwy. 34, south of Alvo
Rd., & west of N. 1st St. (In connection w/00-9,
00-10, 00R-16, 00R-17, 00R-18, 00R-20)
(ADOPTED, 7-0; A-79983)
35) 00R-20 Approving an Annexation Agrmt. between the City & NEBCO, Inc.
with regard to the annexation of approx. 318 acres of land
generally located north of Hwy. 34, south of Alvo Rd., &
west of N. 1st St. (In connection w/00-9, 00-10,
00R-16, 00R-17, 00R-18, 00R-19)
(APPROVED SUBSTITUTE AGRMT., 7-0; ADOPTED AS AMENDED,
7-0; A-79984)
PENDING LIST (EXTENDED 1 WEEK; SEE ITEMS 48 & 51)
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 Sec. 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) 97-66 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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)
48) 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)
(REMOVE FOR ACTION ON 1/31/00, 7-0)
49) 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)
50) 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)
51) 99R-374 Vacating Hackberry Ln. between Anthony Ln. & E. Hillcrest
Dr., located in the three-mile jurisdiction of the City.
(1/10/00 - Placed on Pending until Action by County Board)
(REMOVE FOR PUBLIC HEARING & ACTION ON 1/31/00, 7-0)
52) 00R-4 Amending the City's resolution on local government miscel-
laneous expenditures to clarify language; to provide for
travel approval by department directors & instituting a
requirement for directors to submit a semi-annual report
regarding travel authorizations; to provide that teams are
eligible for the Mayor's Award of Excellence; & to eliminate
references to the City's wellness program. (1/18/00 -
Placed on Pending)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON MONDAY, JANUARY 31, 2000. APPROVED, 7-0.
53) 00R-23 Special Permit 1135C - App. of Hugh Sieck to amend Flint
Ridge 2nd Community Unit Plan to add 10 dwelling units
fronting on private roadways on property generally located
at S. 66th St. & South St. (In connection w/00R-24)
54) 00R-24 Accepting & approving the preliminary plat of Flint Ridge
2nd Add. on property generally located at S. 66th St. &
South St. (In connection w/00R-23)
55) 00R-26 Approving a transfer of funds in the amount of $17,000 from
the General Fund, Department City Unassigned, Contingency
Division (Acct. 18001.9235) O & M transfers to General Fund,
Department City Unassigned, General Expense Division (Acct.
18002.5865) Minor Building Improvements for the purpose of
constructing a restroom in the City Council/County Board
offices.
56) 00R-27 Use Permit 118 - App. of B & J Partnership to develop 89,700
sq. ft. of commercial space & a reduction of the front yard
setback on property generally located at S. Coddington Ave.
& W. "A" St. (In connection w/00-16, 00-17)
57) 00R-28 Special Permit 1715A - App. of Donna M. Culwell to expand
the permitted use of a designated landmark for a tea room
on the first floor of Yates House on property generally
located at 16th & G Sts.
58) 00R-29 Waiving the design standard conditions to allow a double
frontage lot in The Ridge 24th Add. administrative final
plat on property generally located between Barbara Ln. &
Winding Ridge Rd.
59) 00R-30 Waiving the design standard conditions for the installation
of sidewalks, paving, street trees, & street extension in
the Grandview Heights 1st Add. administrative final plat on
property generally located between Pine Tree Ln. & Odgen
Rd., east of N. 7th St.
60) 00R-31 Accepting the report of new & pending tort claims against
the City & approving disposition of claims set forth therein
for the period of Jan. 1 through 15, 2000.
61) 00R-32 Reappointing Linda Wibbels to the Board of Zoning Appeals for
a five-year term expiring Feb. 1, 2005.
62) 00R-33 Approving a North 27th Street business area from "O" Street
to Fair Street and the appointment of a Business Improvement
Board.
63) 00R-34 Approving the Que Place Notch Redevelopment Agreement
between the City & Concord Hospitality Inc. which authorizes
the sale of property & the development of a restaurant at
Lot 1, Que Place Add. to Block 36.
(REMOVED FROM AGENDA, 7-0)
64) 00R-35 Approving a contract amendment between the City & River Oaks
Communication for Cable Television Franchise consulting
services & approving the transfer of funds in the amount of
$85,000 from the General Fund, Department City Unassigned,
Contingency Division (Acct. 18001.9235) O & M transfers to
General Fund, Department City Unassigned, General Expense
Division (Acct. 18002.5628) Consultants, for said contract
extension.
ADJOURNMENT 3:40 P.M.
UPCOMING HEARINGS
Hearing date of Mon., Jan. 31, 2000 at 1:30 p.m on the App. of
Benicio C. Lobo dba Zapata Mexican Restaurant-Cantina for a
Retail Class I Liquor License at 815 "O" St.
City Council
2000 Agenda History
Current History
