ACTION From The Regular City Council Meeting Held
Monday, January 31, 2000 At 1:30 p.m.
ALL MEMBERS PRESENT.
PUBLIC HEARING LIQUOR LICENSES
1) App. of Lincoln Holdings, Ltd. dba Yia Yia's for a Class C
liquor license at 1423 O St.
(ADOPTED FOR APPROVAL, 6-0; FORTENBERRY ABSENT; A-79985.)
2) Man. App. of Nader Sepahpur for Lincoln Holdings, Ltd. dba
Yia Yia's at 1423 O St.
(ADOPTED FOR APPROVAL, 6-0; FORTENBERRY ABSENT; A-79986.)
3) App. of Benicio C. Lobo dba Zapata Mexican Restaurant-Cantina
for a Retail Class I Liquor License at 815 "O" St.
(ADOPTED FOR APPROVAL AS AMENDED, 5-2; FORTENBERRY & JOHNSON
PUBLIC HEARING ORDINANCES - 2ND READING
(ITEMS 4 THRU 11 HAD PUB. HEARING.)
4) 00-14 Amending Sec. 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. (PLACED ON PENDING
FOR 2 WEEKS W/CONT'D PUB. HEARING & ACTION ON 2/14/00, 6-0;
5) 00-15 Amending Sec. 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.
6) 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)
7) 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 connec-tion w/00-16, 00R-27)
8) 00-18 Change of Zone 3230 - Amending Sec. 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.
9) 00-19 Change of Zone 3223 - Amending Sec. 27.07.080 of the LMC to
allow for county road right-of-way to be included in lot
area under certain circumstances.
10) 00-20 Change of Zone 3226 - App. of Brian D. Carstens & Assoc. for
a change from I-2 Industrial Park to H-3 Hwy. Commercial on
property generally located at approx. W. Commerce Way & W.
Bond St., near NW 12th St.
11) 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.
PUBLIC HEARING - RESOLUTIONS
12) 99R-374 Vacating Hackberry Ln. between Anthony Ln. & E. Hillcrest
Dr., located in the three-mile jurisdiction of the City.
(ADOPTED FOR DENIAL, 7-0; A-79988.)
13) 00R-23 Special Permit 1135C - App. of Hugh Sieck to amend Flint
Ridge 2nd C.U.P. to add 10 dwelling units fronting on
private roadways on property generally located at S. 66th
St. & South St. (In connection w/00R-24)
(ADOPTED, 7-0; A-79989.)
14) 00R-24 Accepting & approving the Pre. Plat of Flint Ridge 2nd Add.
on property generally located at S. 66th St. & South St.
(In connection w/00R-23) (ADOPTED, 7-0; A-79990.)
15) 00R-26 Approving a transfer of funds in the amount of $17,000 from
the General Fund, Department City Unassigned, Contingency
Div. (Acct. 18001.9235) O & M transfers to General Fund,
Department City Unassigned, General Expense Div. (Acct.
18002.5865) Minor Building Improvements for the purpose of
constructing a restroom in the City Council/County Board
offices.(ADOPTED, 5-2; SENG & SHOECRAFT DISSENTING; A-79991.)
16) 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)
(ACTION DELAYED 1 WEEK TO 2/7/00, 7-0.)
17) 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. (ADOPTED, 7-0; A-79992.)
18) 00R-29 Waiving the design standard conditions to allow a double
frontage lot in The Ridge 24th Add. Admin. Final Plat on
property generally located between Barbara Ln. & Winding
Ridge Rd. (ADOPTED, 7-0; A-79993.)
19) 00R-30 Waiving the design standard conditions for the installation
of sidewalks, paving, street trees, & street extension in
the Grandview Heights 1st Add. Admin. Final Plat on property
generally located between Pine Tree Ln. & Ogden Rd., east of
N. 7th St. (ADOPTED, 7-0; A-79994.)
20) 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.
(AMENDED, 7-0; ADOPTED, 7-0; A-79995.)
21) 00R-32 Reappointing Linda Wibbels to the Board of Zoning Appeals
for a 5-yr. term expiring Feb. 1, 2005.
(ADOPTED, 7-0; A-79996.)
22) 00R-33 Approving a N. 27th St. business area from "O" St. to Fair
St. & the appointment of a Business Improvement Board.
(ADOPTED, 7-0; A-79997.)
23) 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 Div. (Acct. 18001.9235) O & M transfers to
General Fund, Department City Unassigned, General Expense
Div. (Acct. 18002.5628) Consultants, for said contract
extension. (ADOPTED, 7-0; A-79998.)
PETITIONS & COMMUNICATIONS
24) Request for RECONSIDERATION by Council Person Shoecraft
of City Council's 1/24/00 Action on: Ord. 17596 -
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 AND Reso. A-79979
- Approving a 4 yr. contract between the City & Phantom,
Inc. for vehicular towing & storage (was amended to extend
present contract for 1 yr., 1/31/2001).
(RECONSIDERED, 7-0; ORD. & RESO. AMENDED BACK TO THE ORIG.
4 YR. TERM, 7-0; ORD. RE-PASSED, 6-1; FORTENBERRY DISSENTING;
#17596; RESO. RE-ADOPTED, 6-1; FORTENBERRY DISSENTING;
25) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
26) Clerk's Letter & Mayor's Approval of Ordinances & Resolutions
passed on Jan. 18, 2000. (PLACED ON FILE)
27) Investment of Funds. (ADOPTED, 7-0; A-80000.)
28) Approving the distribution of funds representing
interest earnings on short-term investments of Idle Funds
during the month ended Dec. 31, 1999.
(ADOPTED, 7-0; A-80001.)
29) Reports from City Treasurer of Telecomm. Occ. Tax due as
follows: Oct. thru Dec., 1999: Amerivision Comms.;
Dec., 1999: Frontier Comm., Nextel West Corp., Sprint
Spectrum, Shaffer Comms., Airtime SMR, Network Internat'l,
NOSVA Ltd., Long Distance of Michigan, Equality, I-Link
Comms., & Association Administrators. (PLACED ON FILE)
ORDINANCES - 1ST READING
(ITEMS 30 THRU 37 HAD 1ST READING.)
30) 00-23 Amending pay schedules of employees whose classifications
are assigned to the pay range prefixed by the letter "A"
by deleting the job classification of "Civil Engineer II."
31) 00-24 Amending pay schedules of employees whose classifications
are assigned to the pay range prefixed by the letter "M" by
deleting the job classification of "Civil Engineer III."
32) 00-25 Amending pay schedules of employees whose classifications
are assigned to the pay range prefixed by the letter "N" by
creating the classifications of "Parks Welder II", "Parks
Plumber I", & "Parks Plumber II"; by changing the class title
of "Welder" to "Parks Welder I"; & by deleting the job
classification of "Print Machine Operator."
33) 00-26 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.
34) 00-27 Vacating W. "E" St. between S.W. 6th & S. Folsom Sts.
35) 00-28 Amending Title 26 of the LMC to add a section to define
"minimum flood corridor", to adopt the policy recommendation
related to the Comprehensive Stormwater Management Plan, to
establish a requirement for the removal of sediment from
streets, alleys, sidewalks, public ways, or public grounds,
& providing a penalty for failure to do so. (In connection
w/00-29, 00-30, 00R-38)
36) 00-29 Change of Zone 3216 - Amending Title 27 of the LMC to
provide grading & land disturbance regulations for the AG,
AGR, R-1 through R-8, O-1 through O-3, R-T, B-1 through
B-5, H-1 through H-4, & I-1 through I-3 zoning districts.
(In connection w/00-28, 00-30, 00R-38)
37) 00-30 Amending Chapter 20.12 of the LMC to adopt the policy
recommendation related to the Comprehensive Stormwater
Management Plan. (In connection w/00-28, 00-29, 00R-38)
ORDINANCES - 3RD READING
38) 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 Southeast 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).
(PASSED, 7-0; #17599.)
39) 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.
(PASSED, 7-0; #17600.)
40) 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. (LOST, 0-7; #38-4325.)
PENDING LIST (EXTENDED ONE WEEK.)
41) 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)
42) 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 NEČ of Sec. 23, T10N, R6E.
(2/3/97 - Placed on Pending until receipt of money)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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)
50) 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
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) 99-93 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)
54) 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)
55) 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, FEBRUARY 7, 2000. (APPROVED, 7-0.)
56) 00R-36 Approving a contract between the City & Western Pathology
Consultants, Inc. for drug & alcohol testing services.
57) 00R-37 Vacating Liberty Ln. between Dawn Ave. & Cromwell Dr. in the
3-mile jurisdiction of the City.
58) 00R-38 Adopting the Stormwater Drainage Design Standards & related
City of Lincoln Drainage Criteria Manual as part of the
Design Standards for Sub-division Regulations. (In
connection w/00-28, 00-29, 00-30)
59) 00R-39 Appointing Meredith DeCory to the Commission on Human Rights
to fill an unexpired term expiring Dec. 31, 2001.
ADJOURNMENT 5:05 P.M.
Hearing 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.
25) MISCELLANEOUS REFERRALS
Setting hearing date of Mon., Feb. 14, 2000 at 1:30 p.m. on the App.
of Lan Siu Wong dba Thai Binh for a Retail Class I Liquor License at
1309 L St. (ADOPTED, 7-0; A-79999.)
Reports from City Treasurer of Telecomm. Occ. Tax due as follows:
Nov., 1999: ATS Mobile Telephone; Dec., 1999: Sprint Comm. Co.,
Intellicall Operator, ATS Mobile Telephone, AT&T Comms. of the Midwest,
Telco Development Group. (PLACED ON FILE)
Report from City Treasurer of Franchise Fees due for the quarter
ending Dec. 30, 1999 from TimeWarner Cable. (PLACED ON FILE)
Formal Paving Petition submitted by Jacqueline Andersen for Paving
Dist. 2616 in 72nd St. from Havelock Ave. to Morrill Ave.
(REFERRED TO LAW DEPT.)
THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.:
Change of Zone 3206 - App. of Realty Trust Group for a change from AG
to B-2 on property generally located on the southwest corner of
70th & Pine Lake Rd.
Change of Zone 3207 - App. of Realty Trust Group for a change from AG
to B-2 on property generally located on the northwest corner of
84th & Old Cheney Rd.
Change of Zone 3234 - App. of Robert L. Dean for a change from AG to
R-3 on property generally located at N. 27th St. & Fletcher Ave.
Change of Zone 3235 - App. of Lancaster County for a change from I-1
to P on property at 14th St. & Dairy Dr.
Special Permit 1827 - App. of Sprint PCS to construct a 100' monopole
& equipment platform on property at 1346 Saunders.
Special Permit 1773 - App. of Roger Schwisow to perform the grinding
& recycling of rock, asphalt & concrete as a permitted special
use of an I-1 Dist. on property generally located at NW 56th St.
& W. "O" St.
Special Permit 1794 - App. of Sprint PCS to construct an 80' monopole
& equipment platform on property at 445 "A" St.
2000 Agenda History