Council Seal
City of Lincoln
City Council
Agenda

                  ACTION For The Regular City Council Meeting Held
                         Monday, April 12, 1999 At 1:30 p.m.
                                  
                          ALL MEMBERS WERE PRESENT

PUBLIC HEARING LIQUOR RESOLUTIONS

 1)       Application of Salem Oil Company dba "Mills Amoco Food Shop #3" for
          a Class D liquor license at 1648 South Street. 
          (ADOPTED, 6-0; HECHT ABSENT; A-79398)

 2)       Manager application of Kathryn L. Zabawa for Salem Oil Company dba
          "Mills Amoco Food Shop #3" at 1648 South Street. 
          (ADOPTED, 7-0; A-79399)

 3)       Application of Druk Enterprises Inc. dba "Tandoor" for a Class I
          liquor license at 3530 Village Drive. (ADOPTED, 7-0; A-79400)

 4)       Manager application of Rinzin Wangchuk for Druk Enterprises Inc.
          dba "Tandoor" at 3530 Village Drive. (ADOPTED, 7-0; 79401)

 5)       Application of McManus Enterprises dba "Heidelberg's" for a liquor
          catering license at 4640 Bair Avenue. (ADOPTED, 7-0; A-79402)

 6)       Manager application of Brian M. Hayes for B & R Stores Inc. dba
          "Super Saver Spirits" at 2662 Cornhusker Highway. 
          (ADOPTED, 7-0; A-79403)

 7)       Manager application of Andrew M. Nicholls for Whitehead Inc. dba 
          "U-Stop Convenience Shop" at 610 South 10th Street. 
          (ADOPTED, 7-0; A-79404)

PUBLIC HEARING ORDINANCES - 2ND READING (ITEMS 8 & 9 HAD 2ND READING)

 8) 99-35      Amending the corporate limits of the City by annexing
               property generally located near S. 14th St. & Pine Lake Rd.
               (In connection w/99-36, 99R-107, 99R-108, 99R-111)
               (TO HAVE 3RD READING THIS DATE, 6-1; FORTENBERRY DISSENTING;
               PASSED, 7-0; #17488)

 9)  99-36     Change of Zone 3157 - App. of Krueger Development Co. for a
               change from AG Agricultural to R-3 Residential & B-2 Planned
               Neighborhood Business Dist. on property generally located 
               near S. 14th St. & Pine Lake Rd.  (In connection w/99-35, 
               99R-107, 99R-108, 99R-111) (TO HAVE 3RD READING THIS DATE,
               6-1; FORTENBERRY DISSENTING; PASSED, 7-0; #17489)

PUBLIC HEARING - RESOLUTIONS 

10)  99R-104   Accepting & approving the Pre. Plat of North Creek on 
               property generally located at N. 27th St. & Fletcher Ave.
               (In connection w/99-25, 99-31, 99-32, 99-33) 
               (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-79405)

11)  99R-105   Accepting the report of new and pending tort claims against 
               the City and approving disposition of claims set forth there-
               in for the period of March 15 through 31, 1999. 
               (ADOPTED, 7-0; A-79406)

12)  99R-106   Special Permit 1610B - Application of Charles Dennis Randal 
               Development to construct three elderly housing units to the
               existing domiciliary care facility, to reduce the rear yard
               setback, and to waive the sidewalk in N. 58th Street on
               property generally located at 1/2 block north of Fremont St.
               between 56th and 58th Sts. (ACTION DELAYED ONE WEEK TO
               4/19/99, 7-0)

13)  99R-107   Special Permit 1753 - Application of Krueger Development 
               Company to develop Vavrina Meadows Community Unit Plan 
               consisting of 399 single family dwelling units and 219 multi-
               family dwelling units on property generally located near S.
               14th St. and Pine Lake Rd.  (In connection w/99-35, 99-36, 
               99R-108, 99R-111)  (ADOPTED, 7-0; A-79407)

14)  99R-108   Accepting and approving the Pre. Plat of Vavrina Meadows on 
               property generally located near S. 14th St. and Pine Lake Rd.
               (In connection w/99-35, 99-36, 99R-107, 99R-111) 
               (ADOPTED, 7-0; A-79408)

15)  99R-109   Special Permit 1765 - Application of Katherine Tomlin to 
               operate an early childhood care facility for 30 children on 
               property located at 2430 N.W. 8th St. (ADOPTED, 7-0; A-79409)

16)  99R-110   Amending the Design Standards for Subdivisions by revising
               subparagraph F of Section II of the Drainage/Storm Sewer 
               Construction and Design Manual to control storm water runoff 
               and by adding Appendix A, Storage Facilities to the Design 
               Standards for Subdivision. (ACTION DELAYED ONE WEEK
               TO 4/19/99, 7-0)

17)  99R-111   Approving the Vavrina Meadows Conditional Annexation and 
               Zoning Agreement between the City and Krueger Development
               Company to provide for the installation of public 
               improvements in association with the annexation and rezoning
               of property generally located near S. 14th St. and Pine Lake
               Rd.  (In connection w/99-35, 99-36, 99R-108, 99R-111) 
               (ADOPTED, 7-0; A-79410)

PUBLIC HEARING ORDINANCES - 3RD READING

18)  99-25     Creating Improvement Dist. 182 in 23rd St. from Fletcher Ave.
               north 429'.  (In connection w/99-31, 99-32, 99-33, 99R-104) 
               (AMENDED, 7-0; PASSED AS AMENDED, 7-0; #17490)

19)  99-31     Amending the corporate limits of the City by annexing approx.
               56.2 acres of land generally located at N. 27th St. & 
               Fletcher Ave.  (In connection w/99-25, 99-32, 99-33, 99R-104)
               (PASSED, 7-0; #17491)

20)  99-32     Change of Zone 3144 - App. of Hampton Development Services 
               for a change from R-3 Residential to H-3 Hwy. Commercial on
               property generally located on N. 27th St., north of Fletcher
               Ave.  (In connection w/99-25, 99-31, 99-33, 99R-104) 
               (PASSED, 7-0; #17492)

21)  99-33     Change of Zone 3156 - App. of Hampton Development Services 
               for a change from R-3 Residential to H-3 Hwy. Commercial on
               property generally located on N. 27th St., south of Fletcher
               Ave.  (In connection w/99-25, 99-31, 99-32, 99R-104) 
               (PASSED, 7-0; #17493)

22)  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)
               (3/29/99 - To have Public Hearing & Action on 4/12/99) 
               (ACTION DELAYED FOR ONE WEEK TO 4/19/99, 7-0)

PETITIONS & COMMUNICATIONS

23)   MISCELLANEOUS REFERRALS

REPORTS OF CITY OFFICERS

24)            Clerk's Letter & Mayor's Approval of Ordinances & Resolutions
               passed on March 29, 1999. (PLACED ON FILE)

25)            Setting Interest Rate & Levy the Assessments on Special
               Assessment Group I of the Board of Equalization of March
               22, 1999 and April 5, 1999.  Accepting report on Board of
               Equalization to City Council on Special Assessments Group I. 
               (ADOPTED, 7-0; A-79414)

26)            REQUEST OF PUBLIC WORKS TO SET THE HEARING DATE OF
               MON., APRIL 26, 1999 AT 6:30 P.M. & PLACE ON THE FORMAL CITY
               COUNCIL AGENDA THE FOLLOWING:
               99R-118   To provide the authority to have a Paving Unit in
                         51st St. from Leighton Ave. to Garland St. ordered
                         constructed and assess the cost thereof against the
                         benefitted property.
               99R-119   To provide the authority to have a Paving Unit in
                         69th St. from Leighton Ave. to Garland St. ordered
                         constructed and assess the cost thereof against the
                         benefitted property. (HEARING DATE SET FOR
                         MON., APR. 26, 1999 AT 6:30 P.M.: APPROVED, 7-0)

27)            Investment of Funds. (ADOPTED, 7-0; A-79415)

28)            Report from City Treasurer of Telecomm. Occ. Tax due for 
               Feb., 1999 from: UStel, Transnational Comm, IBM Global, AT&T 
               Comm., MCI Telecomm. (PLACED ON FILE)

ORDINANCES - 1ST READING   (ITEMS 29 THRU 33 HAD 1ST READING)

29)  99-37     Amending Chapter 14.55 of the Lincoln Municipal Code relating
               to sidewalk vendors to strike language to allow motorized 
               trailers as being included within the definition of 
               "pushcart", to allow pushcarts of 83 inches in length, to 
               strike the present restriction of 80 inches, and to add a 
               new subsection which prohibits the operation of a motorized
               trailer or vehicle on any sidewalk space. 
               (PLACED ON PENDING FOR 2 WEEKS TO 4/26/99, 7-0)

30)  99-38     Approving the transfer of appropriations in the amount of 
               $1,517,645.29 within Water Construction Funds to close 
               Ashland Expansion, address change of scope of the Vine Street
               Reservoir and Pumping Station, to fund diesel system 
               modifications and cleanup, and remodel Water Control Room to 
               a training/911 backup project.

31)  99-39     Amending the corporate limits of the City by annexing seven
               lots generally located at 84th Street and Old Cheney Road.

32)  99-40     Approving the creation of a Downtown Core Business 
               Improvement District Overlay on property generally located 
               in Downtown Lincoln between 9th Street and Centennial Mall
               from M to Q Streets.

33)  99-41     Approving the creation of a Downtown Business Improvement 
               District on property generally located in Downtown Lincoln
               between 6th and 17th Streets from H to R Streets.     

ORDINANCES - 3RD READING

34)  99-30     Amending pay schedules of employees whose classifications are
               assigned to the pay range prefixed by the letter "A" by 
               creating the job classification of "Services Coordination 
               Supervisor" & amending pay schedules of employees whose
               classifications are assigned to the pay range prefixed by 
               the letter "C" by deleting the job classifications of 
               "Community Resource Technician I" & "Community Resource
               Technician II". (PASSED, 7-0; #17494)


PENDING LIST (EXTENDED ONE WEEK)

35)  94R-361   Ordering Construction of Paving Unit 123 in N St. between
               1st & 2nd Sts. (12/19/94 - Placed on Pending)

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)  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)

39)  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)

40)  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)

41)  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)

42)  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)

43)  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)

44)  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) (REMOVED FROM PENDING FOR PUB. HEARING
               & ACTION ON 4/19/99, 7-0)

45)  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)

46)  99-23     Creating Water Dist. 1178 in W. Adams St. from NW 53rd St. 
               to NW 56th St. & in NW 56th St. from W. Adams St. south 
               approx. 550' to the south line of Airport Heights 1st Add. 
               (In connection w/99-24) (4/5/99 - Placed on Pending)

47)  99-24     Creating Sewer Dist. 1172 from a point located 150' southwest
               of W. Kingsley & NW Michael Sts. to the south line of Airport
               Heights 1st Add. located 175' west of NW 56th St.  (In 
               connection w/99-23) (4/5/99 - Placed on Pending)

48)  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.  (In connection w/99-24)  (4/5/99 - Placed
               on Pending)

WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON MONDAY, APRIL 19, 1999:APPROVED, 7-0

49)  99R-112   Approving an Agreement between the City and the State 
               Department of Roads to reimburse the City in the amount of 
               $150,000.00 for resurfacing work on Highway 6 from 48th 
               Street to 70th Street and State Connecting Link L-55X, north 
               of Cornhusker Highway.

50)  99R-113   Ordering Alley Paving District No. 357 paved in the 
               north-south alley between Touzalin Avenue and 60th Street 
               from Benton to Fremont Streets.

51)  99R-114   Approving the annual plan pursuant to the Interlocal 
               Agreement between the City and Lancaster County to provide 
               for weed control and weed abatement within the City.

52)  99R-115   Special Permit 1763 - Application of Jack and Mary Herbert 
               for sand, gravel, and soil excavation on property location 
               north and west of the corner of 70th and Arbor Road. (Appeal
               of Jack Herbert from Planning Commission denial).

53)  99R-116   Accepting and approving the preliminary plat of Northern 
               Lights 1st Addition generally located at 82nd Street between 
               Holdrege Street and Leighton Avenue.

54)  99R-117   Approving an Agreement between the City and Erickson 
               Sederstrom to provide consultant services in review and 
               processing of Sections 26 and 27 of the Lincoln
               Municipal Code and related design standards.

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    4:47 P.M.


UPCOMING HEARINGS

          Hearing date of Mon., April 19, 1999, at 1:30 p.m. on the App. of
          Perk Group Ltd. dba Old Fashioned Garden Cafe for a Retail Class 
          C Liquor License at 6891 "A", Suite #110.

          Hearing date of Mon., April 19, 1999, at 1:30 p.m. on the App. of
          X-Treme Enterprises Ltd. dba Wimberly's for a Retail Class C 
          Liquor License at 1033 "O" St.

23)  MISCELLANEOUS REFERRALS

     Setting Hearing Date of Mon., April 26, 1999 at 6:30 p.m. for the 
     following:

     App. of Hy Vee, Inc. dba "Hy Vee Food & Drugstore #5" for a Liquor
        Catering License at 7151 Stacy Lane. (ADOPTED, 7-0; A-79411)
     App. of Patricia Walbrecht dba "Patty's Place" for a Retail Class
        "I" Liquor License at 1320 "O". (ADOPTED, 7-0; A-79412)
     App. of Tragolargo, Inc. dba "Cliff' s Lounge" for a Retail Class "C" 
        Liqour License at 140 N. 12th. (ADOPTED, 7-0; A-79413)

     THE FOLLOWING WAS REFERRED TO THE PLANNING DEPT.:
     Change of Zone No. 3167 - App. of College View 7th Day Adventist for a 
        change from R-4 & R-6 to B-3 on property at 48th and Lowell.

City Council Agenda History