ACTION For The Regular City Council Meeting Held
Monday, February 22, 1999 At 1:30 p.m.
ALL MEMBERS PRESENT
1) App. of J & D Inc. dba Libations to expand their presently
licensed premises to cover the south portion of the main
floor & 2nd floor making the licensed description to read:
two story building approx. 50' by 85' at 317 S. 11th St.
(ADOPTED, 7-0; A-79299)
ORDINANCES - 2ND READING (ITEM 2 HAD 2ND READING)
2) 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
PUBLIC HEARING - RESOLUTIONS
3) 99R-29 Approving an Agrmt. between the City & HobbyTown USA to
operate a model race car track on public property at N.
1st St. & Cornhusker Hwy.
(ADOPTED, 7-0; A-79300)
4) 99R-34 Appointing J.L. Spray, Mari Lane, & Don Stading to the
Charter Revision Commission for terms expiring 7/15/99,
7/15/02, & 7/15/02 respectively.
(ADOPTED, 7-0; A-79301)
5) 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.
(ADOPTED, 7-0; A-79302)
6) 99R-38 Approving appropriations in the amount of $34,000 from the
operation of keno lottery for various human services.
(AMENDED TO DELAY ACTION ON KZUM RADIO FUNDING FOR 1 WEEK
TO 3/1/99, 7-O; ADOPTED AS AMENDED, 7-0; A-79303)
7) 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. (ADOPTED, 7-0; A-79304)
8) 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. (ADOPTED, 7-0; A-79305)
9) 99R-48 Appointing James B. Strasheim to the Personnel Board to fill
an unexpired term expiring June 22, 2002.
(ADOPTED, 7-0; A-79306)
PETITIONS & COMMUNICATIONS
10) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
11) Clerk's Letter & Mayor's Approval of Ordinances & Resolutions
passed on Feb. 8, 1999. (PLACED ON FILE)
12) Investment of Funds. (ADOPTED, 7-0; A-79308)
ORDINANCES - 1ST READING - NONE
RESOLUTIONS - FOR COUNCIL ACTION - HAD PUBLIC HEARING
13) 99R-30 Accepting the report of the Evelyn Schreinert Tort Claim
against the City & approving disposition of claim set forth.
(All other disposition of claims for the period of Jan. 15
thru 31, 1999, were adopted on 2/16/99)
(ADOPTED, 4-3, JOHNSON, SENG, WILSON DISSENTING; A-79309)
ORDINANCES - 3RD READING
14) 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.
(PLACED ON PENDING, 7-0)
15) 99-8 Creating Alley Paving Dist. 357 in the north-south
alley between Touzalin Ave. & 60th St. from Benton St. to
Fremont St. (PASSED, 7-0; #17469)
16) 99-9 Creating Paving Dist. 2616 in 72nd St. from Havelock Ave. to
Morrill Ave. (AMENDED, 7-0; PASSED AS AMENDED, 7-0; #17470)
17) 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)
(SUB. ORD. ACCEPTED, 4-3, JOHNSON, SHOECRAFT, FORTENBERRY
DISSENTING; PASSED, 7-0; #17471)
18) 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) (2/16/99 - Delayed vote to
2/22/99) (ADOPTED, 7-0; A-79310)
19) 99-16 Creating Water D. 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)
(AMENDED, 7-0; PASSED AS AMENDED, 7-0; #17472)
20) 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.
(ACTION DELAYED ONE WEEK TO 3/1/99,7-0)
21) 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. (PASSED, 7-0; #17473)
22) 99-15 Approving an Easement Agrmt. between the City & the
Journal-Star Printing Co. to accommodate the construction
of the Block 34 parking garage. (PASSED, 7-0; #17474)
23) 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. (ACTION DELAYED TWO WEEKS TO 3/8/99, 7-0)
PENDING LIST (EXTENDED ONE WEEK)
24) 94R-361 Ordering Construction of Paving Unit 123 in N St. between
1st & 2nd Sts. (12/19/94 - Placed on Pending)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 98-74 Creating Water D. 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)
32) 98-75 Creating Sewer D. 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)
33) 98-76 Creating Paving D. 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)
34) 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
35) 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)
36) 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)
37) 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 Pending)
38) 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)
39) 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)
40) 99R-5 Selecting a preferred alternative A for the purpose of
completing an environmental analysis for the E. "O" St.
widening project. (2/16/99 - Placed n Pending)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON MONDAY, MAR. 1, 1999:APPROVED, 7-0
41) 99R-44 Special Permit 1384D - App. of Todd & Angie Carpenter to
amend Marina Bay 1st C.U.P. to reduce the front yard setback
from 20' to 7.52' on Lot 1, Marina Bay 1st Add., generally
located at the northeasterly corner of Marina Bay Place &
42) 99R-45 Accepting & approving the Pre. Plat of Froehlich Industrial
Park 2nd Addition on property generally located south of N.
58th St. & Fletcher Ave.
43) 99R-46 Waiving the subdivision requirement for minimum lot depth of
90' for residential lots on property generally located at
the northwest corner of S. 40th St. & Calvert St.
44) 99R-47 Accepting the report of new & pending tort claims against
the City & approving disposition of claims set forth therein
for the period of Feb. 1 thru 15, 1999.
ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS
AGENDA, OR NOT SCHEDULED TO APPEAR ON A FUTURE AGENDA, MAY DO
SO AT THIS TIME.
ADJOURNMENT 2:17 P.M.
10) MISCELLANEOUS REFERRALS
Setting Hearing Date of Mon., Mar. 8, 1999 at 1:30 p.m. on the Man.
App. of Douglas L. Smith for Columbus Lincoln Hotel Properties LLC
dba Ramada Hotel (Holiday Inn) at 141 N. 9th.
(ADOPTED, 7-0; A-79307)
Report from City Treasurer of Telecomms. Occ. Tax due as follows:
Sept., 1998: Nebraska Radio Telephone; Oct., 1998:
Nebraska Radio Telephone; Nov., 1998: Nebraska Radio Telephone;
Dec., 1998: Nebraska Radio Telephone; Jan., 1999:
Business Telecom, Western Union, Executive Answering Service;
Feb., 1999: Executive Answering Service. (PLACED ON FILE)
Report from City Treasurer of City Cash on hand at the close of
business January 29, 1999. (PLACED ON FILE)
Report of UNL Microbiologist for water testing for the month of
January, 1999. (PLACED ON FILE)