ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
TUESDAY, FEBRUARY 16, 1999 AT 6:30 P.M.
ALL MEMBERS PRESENT.
1) App. of JJ Kat, Inc. dba Brewsky's Food & Spirits for a Retail
Class I Liquor License at 2840 S. 70th, Bldg. 1, Ste. 1.
(ADOPTED FOR APPROVAL, 7-0; A-79290.)
2) Man. App. of Brian Douglas Kitten for JJ Kat, Inc. dba Brewsky's
Food & Spirits at 2840 S. 70th, Bldg. 1, Ste. 1.
(ADOPTED FOR APPROVAL, 7-0; A-79291.)
PUBLIC HEARING ORDINANCES - 2ND READING
(ITEMS 3 THRU 10 HAD PUB. HEARING.)
3) 99-8 Creating Alley Paving Dist. 357 in the north-south alley
between Touzalin Ave. & 60th St. from Benton St. to Fremont St.
4) 99-9 Creating Paving Dist. 2616 in 72nd St. from Havelock Ave.
to Morrill Ave.
5) 99-12 Amending the corporate limits of the City by annexing approx.
200 acres of land generally located along both sides of W. "O"
St. from approx. NW 40th St. to NW 56th St., south of I- 80.
(In connection w/99-16, 99R-33)
6) 99-13 Declaring city-owned property described as the north 20 Lot 10,
Block 12, South Park Add., generally located at S. 9th & Van
Dorn St., as surplus & authorizing the sale thereof.
7) 99-14 Amending Chapter 20.12 of the LMC relating to the Lincoln
Building Code by repealing §20.12.730 amending Sec. 1608
of the Uniform Building Code; adding a new section numbered
20.12.945 to amend Sec. 1614 of Volume 2 of the Uniform Building
Code regarding snow loads; & by adding a new section numbered
20.12.965 to amend Appendix Chapter 16 Sec. 1645 of the Uniform
Building Code regarding rain on snow.
8) 99-15 Approving an Easement Agrmt. between the City & the Journal-Star
Printing Co. to accommodate the construction of the Block 34
9) 99-16 Creating Water Dist. 1177 in W. "O" St. from SW 40th St.
to NW 56th St. & in NW 56th St. from W. "O" St. to I-80.
(In connection w/99-12, 99R-33)
10) 99-17 Amending Chapter 2.78 of the LMC to provide for the continuation
of City of Lincoln contributions toward health insurance
premiums for department heads who retire from City service.
PUBLIC HEARING - RESOLUTIONS
11) 99R-21 Ordering Paving Unit. 131 in 68th St. between Starr St.
& Dudley St. constructed. (AMENDED, 7-0; ADOPTED,
12) 99R-30 Accepting the report of new & pending tort claims against the
City & approving disposition of claims set forth therein for
the period of Jan. 15 thru 31, 1999.
(AMENDED TO REMOVE CLAIM OF EVELYN SCHREINERT FOR
FURTHER CONSIDERATION ON 2/22/99, 7-0; ADOPTED, 7-0; A-79293.)
13) 99R-31 Special Permit 1757 - App. of Shoemaker's Truck Station for
authority to sell alcoholic beverages for consumption off the
premises at 1200 Saltillo Rd. (ADOPTED, 7-0; A-79294.)
14) 99R-32 Waiving the design standards requiring paving on property
generally located on the southeast corner of N. 68th & Starr
Sts. (ADOPTED, 7-0; A-79295.)
15) 99R-33 Comp. Plan Amend. #94-32 - App. of the Planning Director to
designate approx. 200 acres of land near NW 56th & W. "O" Sts.
as Phase II & as inside the "Future Service Limit." (In
connection w/99-12, 99-16) (ACTION DELAYED 1 WEEK TO 2/22/99,
PETITIONS & COMMUNICATIONS
16) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
17) Clerk's Letter & Mayor's Approval of Ordinances & Resolutions
passed on Feb. 1, 1999. (PLACED ON FILE)
18) Investment of Funds. (ADOPTED, 7-0; A-79296.)
19) Assessment Resolutions for Downtown Core & Perimeter Management
& Enhancement Dist. & Downtown Maintenance Dist. for Board of
Equalization Mon., Feb. 22, 1999, at 10:00 a.m.
(PLACED ON FILE; ADOPTED, 7-0.)
20) Reports from City Treasurer of Telecomm. Occ. Tax due as
follows: Dec., 1998: Tel-Save Inc., Telecom One, U.S.
Long Distance, GE Capital Comms., GTE Comms., Global Telephone
Corp., Furst Group, AT&T Comms. of the Midwest;
Jan., 1999: One Call Comms. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEM 21 HAD 1ST READING.)
21) 99-18 Amending Chapter 8.20 of the LMC to update the Lincoln Food Code
to bring it into compliance with the Nebraska Pure Food Act.
RESOLUTIONS - FOR COUNCIL ACTION - HAD PUBLIC HEARING
22) 99R-6 Appeal of the YMCA from the Planning Commission denial of
Special Permit 1752 to authorize the construction & operation
of an outdoor soccer complex as a recreational facility on
property generally located east of the existing soccer fields
south of the State Farm Insurance Co. building located at S.
84th & "O" Sts. (MOTION TO DELAY ACTION 1 WEEK TO
2/22/99 LOST, 2-5; SENG & WILSON ASSENTING; AMENDED, 7-0;
ADOPTED, 5-2; SENG & WILSON DISSENTING; A-79297.)
ORDINANCES - 3RD READING
23) 99-10 Change of Zone 3129 - App. of Lincoln Federal Savings Bank for
a change from R-3 Residential to O-3 Office Park on property
generally located at 77th St. & Pioneers Blvd. (In connection
w/99R-27) (ACTION DELAYED FOR 1 WEEK TO 2/22/99, 7-0.)
24) 99R-27 Accepting & approving the Pre. Plat of Edenton North 5th Add. on
property generally located south of Pioneers Blvd. & 77th St.
(In connection w/99-10) (2/8/99 - Delayed Action to 2/16/99)
(ADOPTED, 7-0; A-79298.)
25) 99-11 Approving a Real Estate Purchase Agrmt. between the City & YMCA
for the sale to the YMCA of approx. 10 acres of property located
in Densmore Park generally located at 14th St. & Mockingbird
Lane North. (PASSED, 7-0; #17468.)
PUBLIC HEARING - RESOLUTION (ITEM 26 HAD PUBLIC HEARING.)
26) 99R-5 Selecting a preferred alternative A for the purpose of
completing an environmental analysis for the E. "O" St.
widening project. (PLACED ON PENDING, 6-0; FORTENBERRY ABSENT.)
PENDING LIST (EXTENDED ONE WEEK.)
27) 94R-361 Ordering Construction of Paving Unit 123 in N St. between 1st &
2nd Sts. (12/19/94 - Placed on Pending)
28) 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)
29) 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)
30) 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. (6/9/97-
Placed on Pending)
31) 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)
32) 97-122 Amending §5.04.060 of the LMC to prohibit issuance of
special designated icenses for sale of liquor to the general
public in the downtown area on home football game days.
(8/25/97 - Amended; Placed on Pending)
33) 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)
34) 98-74 Creating Water Dist. 1175 in SW 1st St. from W. B to W. D Sts
& W. B & W. D Sts. From 1st St. to SW 1st St. (6/1/98 - Pub.
Hearing delayed for an indefinite period of time)
35) 98-75 Creating Sewer Dist. 1168 in SW 1st St. from W. B St. to W. D
St. & N-S Alley from W. A St. north approx. 300'. (6/1/98 -
Pub. Hearing delayed for an indefinite period of time)
36) 98-76 Creating Paving Dist. 2615 in SW 1st St. from W. B St. to W. D
St. & W. B & W. D Sts. From 1st St. to SW 1st Sts. (6/1/98 -
Pub. Hearing delayed for an indefinite period of time)
37) 98-104 Vacating the alley immediately north of W. C St. & west of SW
1st St. & a portion of the alley immediately south of W. B St.
between Sw 1st & S. 1st St. (7/13/98 - Placed on Pending)
38) 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)
39) 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)
40) 98R-373 Special Permit 1739 - Appeal of Trinity United Methodist Church
from the Planning Commission requirement that the driveway be
removed from the 20' front yard setback in the parking lot
generally located at 16th & "A" Sts. (11/30/98 - Placed on
41) 98-192 Vacating Otoe St. between 7th & 9th Sts.; Pawnee St. between 9th
& the abandoned railroad R-O-W; Dakota St. between 9th St. & the
railroad R-O-W; the alleys in Block 1 & 2, Hyde Park; the alley
in Block 1, 1st Add. to Hyde Park; & 7th St. between Otoe St. &
Pawnee St. (12/21/98 - Placed on Pending)
42) 98-193 Amending the corporate limits of the City by annexing one lot &
a portion of another lot generally located N.W. 56th & W. Adams
Sts. (12/21/98 - Placed on Pending)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING ON
MONDAY, FEB. 22, 1999:(APPROVED, 5-0; FORTENBERRY & JOHNSON
43) 99R-29 Approving an agreement between the City & HobbyTown USA to
operate a model race car track on public property at N. 1st
St. & Cornhusker Hwy.
44) 99R-34 Appointing J.L. Spray, Mari Lane, & Don Stading to the Charter
Revision Commission for terms expiring 7/15/99, 7/15/02, &
45) 99R-35 Use Permit 103A - App. of Ridge Development Co. to develop
237,200 sq. ft. of commercial/retail floor area & 7,460 sq. ft.
of tire/auto retail floor area, with requests to waive the side
& front yard setbacks, on property generally located east of
N. 27th St. & Folkways Blvd.
46) 99R-38 Approving appropriations in the amount of $34,000 from the
operation of keno lottery for various human services.
47) 99R-39 Approving a Retainer Agrmt. between the City & Erickson &
Sederstrom for representation in the case of Thorburn v. Roper
& transferring appropriations of $20,000.00 from General Fund
Contingency Div. to General Fund General Expense (Legal Services)
for the purpose of paying current & future expenses.
48) 99R-43 Approving a License Agrmt. between the City & District Energy
Corp. for use of space beneath & above portions of the City's
right-of-way in 14th St. from the alley one block north of K St.
to Centennial Mall for the construction of a central steam plant
to serve the State Capitol & State Office Building.
49) 99R-48 Appointing James B. Strasheim to fill an unexpired term on the
City Personnel Board; said term to expire on 6/22/02.
(RULES SUSPENDED TO PLACE THIS ITEM ON THE AGENDA FOR
INTRODUCTION, PUB. HEARING & ACTION ON 2/22/99, 5-0;
FORTENBERRY & JOHNSON ABSENT.)
ADJOURNMENT 11:12 P.M.
Hearing Date of Mon., Feb. 22, 1999 at 10:00 a.m. - Board of
Equalization - Downtown Core, Perimeter Management & Enhancement
Dists. & Downtown Maintenance Dist.
Hearing date of Mon., Feb. 22, 1999 at 1:30 p.m. on the app. of J &
D, Inc. dba Libations for an addition of their licensed premise at
317 S. 11th.
16) MISCELLANEOUS REFERRALS
Petition to Vacate Public Way in the east-west alley between the east line
of 2nd St. tot he west line of 3rd St., signed by Burton & Dorothy
Pettigrew. (REFERRED TO LAW DEPT.)
Petition to Vacate Public Way in Hill St. between Van Dorn St. (aka Hwy.
2) & park Blvd. signed by Clay Smith. (REFERRED TO LAW DEPT.)
Report from City Treasurer of Franchise Fee due for the month of Jan.,
1999 from Utilicorp United aka Peoples Natural Gas. (PLACED ON FILE)
Report from City Treasurer of Telecomms. Occ. Tax due as follows:
Dec., 1998: Premiere Communications; Jan., 1999:
Winstar Wireless & Sprint Spectrum. (PLACED ON FILE)
THE FOLLOWING APPLICATIONS WERE REFERRED TO PLANNING DEPT.:
Change of Zone 3157 - App. of Krueger Development Co., Inc. for a chagne
from AG to R-3 & B-2 on property generally located at S. 14th & Pine
Special Permit 1753 - App. of Louis Vavrina for mixed residential &
commercial use on property generally located at S. 14th & Pine Lake Rd.
Special Permit 1761 - App. of Richard Finke to build greenhouses and/or
store plant materials as a garden center in the R-2 Zone on property
generally located at 500 N. 66th St.
Change of Zone 3166 - App. of Richard Finke for a change to LMC 27.63.110.
Special Permit 1610B - App. of charles Dennis Randal Development to
develop elderly housing on property generally located at 50th &