Council Seal
City of Lincoln
City Council
Agenda

 
                 ACTION From The Regular City Council Meeting Held
                      Monday, March 22, 1999 At 1:30 p.m.
                                  
          NOTE:  MON., MARCH 29, 1999, COUNCIL MEETING BEGINS AT 6:30 p.m.
                                  
                            ALL MEMBERS PRESENT.
                                  
    MAYOR'S ANNUAL AWARD OF EXCELLENCE - SHERI MARTI, LPD

PUBLIC HEARING LIQUOR RESOLUTIONS

 1)            Man. App. of William V. Bartlett for Fontenelle Oil Co. dba
               Holiday Stationstore #117 at 2200 N. 48th St. 
               (ADOPTED FOR APPROVAL, 7-0; A-79343.)

 2)            Man. App. of Bonnie J. Charlesworth for C R Corp. dba 
               T & C Lounge at 3245 Cornhusker Hwy. 
               (ADOPTED FOR APPROVAL, 7-0; A-79344.)


PUBLIC HEARING ORDINANCES - 2ND READING (ITEM 3 HAD PUBLIC HEARING.)

 3)  99-22     Adopting the supplements to the Lincoln Municipal Code
               dated June, 1998 & Dec., 1998 as part of the official 
               Lincoln Municipal Code.


PUBLIC HEARING - RESOLUTIONS 

 4)  99R-87    Appointing Laurie Klosterboer & Dr. William T. Griffin
               to the Emergency Medical Services Committee for 3-yr. 
               terms expiring March 28, 2002.  (ADOPTED, 7-0; A-79345.)

 5)  99R-88    Reappointing Patricia Morin & Laura Acklie to the 
               Emergency Medical Services Committee for 3-yr. terms 
               expiring March 28, 2002. (ADOPTED, 7-0; A-79346.)

 6)  99R-89    Reappointing Dr. James Rickman, Charlie Claus, Ron 
               Jensen, William C. Hastings, Mary Arth, & Debra E. 
               Schorr to the Parks & Rec. Advisory Board for 3-yr.
               terms expiring April 27, 2002. (ADOPTED, 7-0; A-79347.)

 7)  99R-90    Ordering Water Dist. 1177 constructed in W. "O" St. 
               from S.W. 40th to S.W. 56th Sts. & N.W. 56th St. from 
               W. "O" St. to I-80. (ADOPTED, 7-0; A-79348.)

 8)  99R-91    Amending the Lincoln Lancaster County Air Pollution Control 
               Program Regulations & Standards to repeal collection of 
               inspection fees & authorizing collection of annual fees.
               (ADOPTED, 7-0; A-79349.)


PUBLIC HEARING (ITEM 9 HAD PUBLIC HEARING.)

 9)            Proposed Use of Grant Money from Local Law Enforcement 
               Block Grants Program - Lincoln Police Dept.


PETITIONS & COMMUNICATIONS

10)            Request of Harold L. Danield to appeal to the City 
               Council the Denial of his Peddler Permit Application.
               (NO ACTION TAKEN.)

11)   MISCELLANEOUS REFERRALS

               Two Formal Paving Petition to construct Alley Paving Dist. 
               #357 in the N-S alley between Touzalin Ave. & 60th St. 
               from Benton to Fremont Sts. signed by Robert & Carol 
               Workman, Austin Realty & LDS Irrevocable Trust. 
               (REFERRED TO LAW DEPT.)

               Three Formal Paving Petitions to construct Paving Dist. 
               2616 in 72nd St. from Havelock Ave. to Morrill Ave. 
               signed by Kip Griffin, Gary (last name illegible)
               Mike & Donna Boston. (REFERRED TO LAW DEPT.)

               Report from City Treasurer of City Cash on hand at the 
               close of business on Feb. 26, 1999. (PLACED ON FILE)

               THE FOLLOWING APPLICATIONS WERE REFERRED TO PLANNING DEPT.:
               Change of Zone 3172 - App. of Priestly Fraternity of 
                 St. Peter for a change from P to R-4 on property at
                 13th & South.

               Change of Zone 2938A - App. of University of Nebraska 
                 Foundation to the Special Sign Dist. (Sec. 29.38) 
                 at Tech Park.

               Change of Zone 3167 - App. of College View 7th Day 
                 Adventist Church for a change from R-4 & R-5 to B-3 
                 on property at 48th & Lowell Sts.

               Combined Use Permit/Special Permit 11C - App. of R.E.D. 
                 Capital Management LLC to increase total allowable 
                 building area to 730,000 sq. ft. & increase limitation
                 on building height to 60' for the main shopping center
                 buildings.

REPORTS OF CITY OFFICERS

12)            Clerk's Letter & Mayor's Approval of Ordinances & 
               Resolutions passed on March 8, 1999. (PLACED ON FILE)

13)            Investment of Funds. (ADOPTED, 7-0; A-79350.)

14)            Report from City Treasurer of Franchise Fee due for
               Feb., 1999 from Utilicorp United aka Peoples Natural
               Gas. (PLACED ON FILE)

15)            Reports from City Treasurer of Telecomm. Occ. Tax due as
               follows: Jan., 1999:  ATS Mobile Telephone, Calls for Less;
               Feb., 1999: ATS Mobile Telephone, Winstar Wireless, Operator
               Comms., & Sprint Spectrum; Oct., Nov., Dec., 1998: Zenex 
               Long Distance.  (PLACED ON FILE)

16)            Lincoln Water & Wastewater System Recapitulation of 
               Daily Cash Receipts for Feb., 1999. (PLACED ON FILE)


ORDINANCES - 1ST READING (ITEMS 17 THRU 20 HAD 1ST READING.)

17)  99-26     Approving a transfer of appropriations in the amount of
               $13,379 from the Police Garage, Buildings (04025.5132) 
               to Police Garage, Parking Improvements (04025.6139) to 
               fund the paving of additional parking adjacent to an 
               existing parking lot at the Police Garage.

18)  99-27     Declaring approx. 1.219 acres of property located in 
               the SE¼ of the NE¼ of Section 1, T12N, R9E, adjacent to 
               the Ashland Water Treatment Plant as surplus & 
               authorizing the sale thereof.

19)  99-28     Change of Zone 3166 - App. of Richard Finke to amend 
               §§27.13.040, 27.15.030, & 27.63.110 of the LMC to allow 
               Garden Centers as special permitted uses in the R-2 
               zoning district, to adjust the manner in which Garden 
               Centers are allowed in the R-3 zoning district, & to 
               expand the conditions under which Garden Centers may 
               be allowed by special permit.  (In connection w/99R-98)

20)  99-29     Amending the corporate limits of the City by annexing 
               approx. 21.3 acres of land consisting of a portion of 
               the N. 48th St. Landfill & Transfer Station site at
               approx. 5101 N. 48th St.


RESOLUTION - FOR COUNCIL ACTION - HAD PUBLIC HEARING

21)  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 until 3/22/99 for
               Council Vote - No Public Hearing) 
               (AMENDED, 7-0; ADOPTED, 7-0; A-79351.)

ORDINANCES - 3RD READING

22)  99-20     Change of Zone 3161 - App. of DuTeau Chevrolet for a 
               change from O-3 Office Park to H-4 General Commercial
               on property generally located at the southeast corner
               of S. 27th St. & Porter Ridge Dr. (PASSED, 4-3; FORTENBERRY, 
               JOHNSON & WILSON DISSENTING; #17481.)


PENDING LIST (EXTENDED ONE WEEK.)

23)  94R-361   Ordering Construction of Paving Unit 123 in N St. 
               between 1st & 2nd Sts. (12/19/94 - Placed on Pending)

24)  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)

25)  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)

26)  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)

27)  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)

28)  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)

29)  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)

30)  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)

31)  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)

32)  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)

33)  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)

34)  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)

35)  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)

36)  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)

37)  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)

38)  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.  (2/22/99 - Placed on Pending)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC 
HEARING ON MONDAY, MAR. 29, 1999:(APPROVED, 7-0.)

39)  99R-92    Reappointing Doug Boyd, Shari Clarke, Pat Galitz, & Elliot 
               Rivas to the Lincoln Lancaster Women's Commission for 
               3-yr. terms expiring on March 1, 2002.

40)  99R-93    Approving the acquisition of approx. 80 acres of property
               generally located west of the Nature Center in Pioneers 
               Park, specifically Lots 3, 4, & 5, in the SE¼ of 
               Section 6, T9N, R6E of the 6th P.M. for use as park 
               property.

41)  99R-94    Approving the acquisition of 8.766 acres of property 
               generally located north of the railroad right-of-way 
               in the NW¬ of Section 8, T9N, R6E of the 6th P.M.
               for use as park property in Pioneers Park.

42)  99R-95    Approving the acquisition of 17.27 acres of property
               between the railroad tracks on the east side of 
               Wilderness Park to serve as a buffer between the park 
               & the proposed high school.

43)  99R-96    Resolution of Intention to Create a Downtown Core 
               Overlay Management Business Improvement Dist. on 
               property generally located in Downtown Lincoln between 
               6th & 17th Sts. from H to R Sts.

44)  99R-97    Resolution of Intention to Create a Downtown Management
               Business Improvement Dist. on property generally 
               located in Downtown Lincoln between 6th & 17th Sts. 
               from H to R Sts.

45)  99R-98    Special Permit 1761 - App. of Richard Finke to develop 
               a garden center on property generally located at the 
               former MoPac right-of-way between 66th & 70th Sts.  
               (In connection w/99-28)

46)  99R-99    Accepting the report of new & pending tort claims against
               the City & approving disposition of claims set forth 
               therein for the period of March 1 through 15, 1999.

COMPREHENSIVE PLAN AMENDMENTS

47)  99R-60    Comp. Plan Amend. 94-30-2 - Amend Figure 16 & 17 to change
               property from Low Density Residential to Urban Residential &
               Parks & Open Space, & to expand the future service limit in
               the area between 56th & 70th Sts. from approx. south of 
               Hwy. 2 to Yankee Hill Rd.

48)  99R-61*   Comp. Plan Amend. 94-30-3 - Amend the Comp. Plan to 
               change one square mile of land generally located 
               between SW 40th St. & SW 77th St. from Agricultural to 
               Low Density Residential.

49)  99R-62*   Comp. Plan Amend. 94-30-4 - Amend Chapter VII, Urban 
               Design & Historic Preservation to add the development 
               of entry corridor design standards for the
               City of Lincoln to the list of strategies.

50)  99R-63    Comp. Plan Amend. 94-30-5 - Amend Chapter III, Future 
               Needs & Land Use Plan, to add Investment Strategy for a 
               Competitive Downtown to the list of strategies.

51)  99R-64    Comp. Plan Amend. 94-30-6 - Amend Chapter III, Land Use 
               Plan, Neighborhood Centers to locate neighborhood 
               commercial areas generally at the ½ mile points between 
               intersections & away from the intersection of two major 
               arterial streets.

52)  99R-65    Comp. Plan Amend. 94-30-7 - Amend the Comp. Plan to 
               update the City & County Land Use Plans & Phasing Plan 
               to reflect actions of the past year.

53)  99R-66    Comp. Plan Amend. 94-30-8(1) - Amend Figure 16 to change
               land use designation for the Employment Center on the 
               west side of N. 27th St. & south of I-80
               from Industrial to Commercial.

54)  99R-67*   Comp. Plan Amend. 94-30-8(2) - Amend Chapter III, Section  E
               "Industrial Land" to eliminate the "Employment Center" 
               designations on the west side of N. 27th St. & I-80 & 
               to add an employment center at N. 33rd & Folkways Blvd.

55)  99R-68    Comp. Plan Amend. 94-30-8(3) - Amend Appendix A, Part 
               I, Approved Subarea Plans to modify the "North 27th St.
               Subarea Plan" to show the conversion of the Employment 
               Center west of 27th St. to Commercial & to show all
               street & zone changes since implementation.

56)  99R-69    Comp. Plan Amend. 94-30-8(4) - Amend Chapter IV, 
               Transportation, Part C, "Future Traffic Volumes & 
               Future Urban St. Network" to add a strategy giving
               high priority to a study of the Hwy. 34 - I-80 area.

57)  99R-70    Comp. Plan Amend. 94-30-9 - Revise Figure 31, 
               Improvements for Future Road Network, & Table 10, 
               Transportation Projects, to include a potential
               overpass at 3rd & A Sts.

58)  99R-71    Comp. Plan Amend. 94-30-10 - Amend Figure 31, Improvements
               for Future Road Network 1-20 Year Program, & Table 10, 
               Transportation Projects Year 2015, to designate Adams 
               St. from 74th St. to 84th St. as two through lanes 
               with painted turn lanes.

59)  99R-72    Comp. Plan Amend. 94-30-12 - Amend Figures 31 & 32 to
               add in Phase I of Transportation Projects a project to
               widen Vine St. between Mahoney Dr. & 58th St. to 5 
               lanes.

60)  99R-73    Comp. Plan Amend. 94-30-13 - Amend Appendix A, Subarea
               Plans, to provide that a future subarea plan for the 
               N1-N2 Planning Zone in the general vicinity of N. 56th 
               St. & I-80 should be developed prior to further 
               development actions in the area.

61)  99R-74    Comp. Plan Amend. 94-30-14 - Amend Figure 61, Existing
               & Proposed City of Lincoln Fire Station Locations, to 
               update the City of Lincoln Proposed Fire Stations.

62)  99R-75    Comp. Plan Amend. 94-30-15 - Amend Figure 58 "Lincoln 
               Public Schools: Existing & Future School Locations" to
               reflect numerous new school locations.

63)  99R-76    Comp. Plan Amend. 94-30-16 - Amend Figure 55 "Proposed
               Regional Park, Community Parks & Neighborhood Parks" &
               Figure 56 "Proposed Recreational Facilities" to update
               changes in proposed recreational plans & amend the text
               in Chapter 1 Part A.3.d. regarding Community Centers/
               Recreation Centers.

64)  99R-77*   Comp. Plan Amend. 94-30-17 - To set forth in the Comp. 
               Plan a requirement that developers pay 100% of the 
               costs of infrastructure not planned & budgeted for in 
               the Capital Improvement Program, to adopt a procedure 
               to declare a moratorium for environmentally sensitive 
               areas, & to enact a land disturbance ordinance.

65)  99R-78    Comp. Plan Amend. 94-30-18 - Amend Figure 16 to change 
               land located at approx. NW 56th St. on both sides of 
               Adams St. from Low Density Residential to Urban 
               Residential.

66)  99R-79    Comp. Plan Amend. 94-30-20 - Amend Figure 16 to change 
               land located at approx. S. 84th St. & Glynoaks Dr. from
               Urban Residential to Urban Village & Parks & Open Space.

67)  99R-80    Comp. Plan Amend. 94-30-21 - Amend Chapter V, Section 
               D, Stormwater Management & Flood Control to include 
               additional floodplain strategies.

68)  99R-81    Comp. Plan Amend. 94-30-22 - Amend the Comp. Plan to 
               change property located between South Coddington & SW
               40th St., south of W. Pioneers Blvd. from Agricultural
               to Urban Residential, to expand the future service 
               limit accordingly, & to designate such area as Phase I.

69)  99R-82*   Comp. Plan Amend. 94-30-23 - Amend the Comp. Plan by 
               revising Figure 16 to change approx. 80 acres of 
               property located at SW 56th & W. "O" Sts. from 
               Agricultural to Industrial & by revising Figure 65 to 
               add it to the Future Service Limit.

70)  99R-83    Comp. Plan Amend. 94-30-24 - Amend the Comp. Plan by 
               revising Figure 65 to include a portion of the Stevens
               Creek drainage basin the Future Service Limit.

71)  99R-84*   Comp. Plan Amend. 94-30-25 - Amend the Comp. Plan to 
               add various environmental policies regarding recycling,
               a moratorium on development next to Wilderness Park, &
               to decentralize StarTran.

72)  99R-85    Comp. Plan Amend. 94-30-26 - Amend the Comp. Plan to 
               acquire right-of-way for Yankee Hill Rd., to study the
               feasibility of crossing Wilderness Park with an arterial
               street, & to study the relationship between the South 
               beltway & a major four lane arterial street.

73)  99R-86    Comp. Plan Amend. 94-30-27 - Amend the Comp. Plan to 
               add language to the Annexation Policy to clarify that
               annexation might occur for purposes of assessment 
               districts.
* Needs 5 votes.


ADJOURNMENT  2:45 P.M.


UPCOMING HEARINGS

     Hearing date of Mon., March 29, 1999 at 6:30 p.m. on the App. of 
     MIP Two, Inc.. dba Mickey's Irish Pub for a Retail Class I Liquor
     License at 1409 "O".

     Hearing date of Mon., March 29, 1999 at 6:30 p.m. on the Man. 
     App. of Thomas E. Nun for B & R Stores, Inc.. dba Russ's B & R
     IGA at 130 N. 66th.

     Hearing date of Mon., March 29, 1999 at 6:30 p.m. on the Man. App. 
     of Mark Kurth for Eating Establishments Holding Co., Inc. dba 
     Runza Restaurant at 210-14-34 N. 14th.

     Hearing Date of Mon., April 5, 1999, at 1:30 p.m.:
     99-23     To provide authority to create a Water Dist. in West 
               Adams St. from NW 53rd to NW 56th Sts. & NW 56th St. 
               from West Adams St. South 550'.
     99-24     To provide authority to create a Sewer Dist. from a 
               point located 150' SW of W. Kingsley & NW Michael Sts. 
               to the S/L Airport Heights 1st Add. 175' West of NW 
               56th St.
     99-25     To provide authority to create an Improvement Dist. in 
               23rd St. from Fletcher Ave. North 429' adjacent to Lot 
               15 I.T. SE 1/4 Sec. 36-11-6.

City Council Agenda History