Council Seal
City of Lincoln
City Council
Agenda

               ACTION From The Regular City Council Meeting Held
                        Monday, April 19, 1999 At 1:30 p.m.
                                
                              ALL MEMBERS PRESENT.
                                
                 MAYOR'S AWARD OF EXCELLENCE - 

(OFFICER JEFF BUCHER, LPD-FEB., 99 & SHAWN CARLSON, PARKS & REC.-MARCH, 99.)

PUBLIC HEARING LIQUOR RESOLUTIONS

 1)            App. of X-Treme Enterprises Ltd. dba Wimberley's for a Retail
               Class C Liquor License at 1033 "O" St. 
               (ADOPTED FOR DENIAL, 7-0; A-79416.)

 2)            Man. App. of Christopher Kenneth Holland for X-Treme 
               Enterprises Ltd. dba Wimberley's at 1033 "O" St. 
               (ADOPTED FOR DENIAL, 7-0; A-79417.)

 3)            App. of Perk Group Ltd. dba Old Fashioned Garden Cafe for a 
               Retail Class C Liquor License at 6891 "A", Suite #110.
               (ADOPTED FOR APPROVAL, 7-0; A-79418.)

PUBLIC HEARING ORDINANCES - 2ND READING
(ITEMS 4 THRU 7 HAD PUBLIC HEARING.)

 4)  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 & Pumping Station, to fund diesel system modifica-
               tions & cleanup, & remodel Water Control Room to a training/
               911 backup project.

 5)  99-39     Amending the corporate limits of the City by annexing 7 lots 
               generally located at 84th St. & Old Cheney Rd.

 6)  99-40     Approving the creation of a Downtown Core Business 
               Improvement Dist. Overlay on property generally located in 
               Downtown Lincoln between 9th St. & Centennial Mall from M to
               Q Sts. (PUBLIC HEARING CONT'D W/3RD READING ON 4/26/99, 7-0.)

 7)  99-41     Approving the creation of a Downtown Business Improvement 
               Dist. on property generally located in Downtown Lincoln 
               between 6th & 17th Sts. from H to R Sts.  
               (PUBLIC HEARING CONT'D W/3RD READING ON 4/26/99, 7-0.)

PUBLIC HEARING - RESOLUTIONS 

 8)  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.  
               (WITHDRAWN, 7-0; #38-4305.)

 9)  99R-112   Approving an Agrmt. between the City & the State Dept. of 
               Roads to reimburse the City in the amount of $150,000.00 for 
               resurfacing work on Hwy. 6 from 48th St. to 70th St. & State 
               Connecting Link L-55X, north of Cornhusker Hwy.  
               (ADOPTED, 7-0; A-79419.)

10)  99R-113   Ordering Alley Paving Dist. 357 paved in the north-south 
               alley between Touzalin Ave. & 60th St. from Benton to Fremont Sts.
               (ADOPTED, 7-0; A-79420.)

11)  99R-114   Approving the annual plan pursuant to the Interlocal Agrmt. 
               between the City & Lancaster County to provide for weed 
               control & weed abatement within the City.  
               (ADOPTED, 7-0; A-79421.)

12)  99R-115   Special Permit 1763 - App. of Jack & Mary Herbert for sand, 
               gravel, & soil excavation on property location north & west 
               of the corner of 70th & Arbor Rd. (Appeal of Jack Herbert 
               from Planning Commission denial). 
               (PLACED ON PENDING FOR 2 WEEKS TO 5/3/99, 7-0.)

13)  99R-116   Accepting & approving the preliminary plat of Northern Lights 
               1st Addition generally located at 82nd St. between Holdrege 
               St. & Leighton Ave.  (AMENDED, 7-0; ADOPTED, 7-0; A-79422.)

14)  99R-117   Approving an Agrmt. between the City & Erickson Sederstrom to 
               provide consultant services in review & processing of Sections
               26 & 27 of the LMC & related design standards. 
               (ADOPTED, 7-0; A-79423.)

PETITIONS & COMMUNICATIONS

15)   MISCELLANEOUS REFERRALS

               Report from City Treasurer of Telecomm. Occ. Tax due for 
               March, 1999 from Sprint Spectrum LP. (PLACED ON FILE)

               Report from City Treasurer of Franchise Tax due from 
               Utilicorp United aka Peoples Natural Gas. (PLACED ON FILE)

               UNL-Microbiologist Report of water tested for month of 
               March, 1999. (PLACED ON FILE)

               Setting Hearing Date of Mon., May 3, 1999 at 1:30 p.m. for
               the following:

               App. of Geemax, Inc. dba N-Zone for a Retail Class C/K Liquor 
               License at  728½ Q St. (ADOPTED, 7-0; A-79424.)

               App. of Lambert Investments #3 LLCdba Ramada Inn for a Retail 
               Class I Liquor License at 1101 W. Bond. 
               (ADOPTED, 7-0; A-79425.)

               App. of Caffe' Amore, Inc. dba Caffe' Amore for a Retail 
               Class C Liquor License at 2901 Pine Lake Rd. 
               (ADOPTED, 7-0; A-79426.)

               Man. App. of Tina L. Procter for Whitehead Oil Co. dba U-Stop
               Convenience Shop at 5600 S 56th. 
               (ADOTPED, 7-0; A-79427.)

REPORTS OF CITY OFFICERS

16)            Clerk's Letter & Mayor's Approval of Ordinances & Resolutions 
               passed on April 5, 1999. (PLACED ON FILE)

17)            Investment of Funds. (ADOPTED, 7-0; A-79428.)

18)            Reports from City Treasurer of Telecomm. Occ. Tax due for 
               March, 1999 from One Call Comms. & Operator Communications.
               (PLACED ON FILE)


ORDINANCES - 1ST READING (ITEMS 19 THRU 24 HAD 1ST READING.)

19)  99-42     Approving a contract between the City & the Lincoln Haymarket
               Development Corp. to operate & regulate a Saturday public 
               market in the Haymarket area from May 8 through Oct. 30, 1999.

20)  99-43     Approving increases in the Health Dept. Food Handler Permit 
               fees up to $10 & Food Establishment Annual Renewal Fees from
               $135 to $170.  
               (INTRODUCTION DELAYED 1 WEEK TO 4/26/99, 7-0.)

21)  99-44     Change of Zone 2938A - App. of the University of Nebraska 
               Foundation to amend the special sign district of the 
               University of Nebraska Technology Park for a unique sign 
               design & arrangement on property generally located on the
               south side of Highlands Blvd. between N.W. 1st St. & N.W. 
               12th St., & on the east side of N.W. 1st St. on both sides 
               of Highland Cir.

22)  99-45     Change of Zone 3164 - App. of Tony's Cement Works, Inc. to 
               amend Title 27 of the LMC to allow temporary concrete batch
               plants in any zoning district by administrative permit issued
               by the Director of Planning.

23)  99-46     Change of Zone 3170 - App. of Jay DeGraw for a change from 
               B-1 Local Business to R-4 Residential on property generally
               located at 26th & Sumner Sts.

24)  99-47     Change of Zone 3172 - App. of Fr. Chad Ripperger for a change
               from P Public Use to R-4 Residential on property generally 
               located at 12th & South Sts. (St. Francis Chapel).

RESOLUTIONS - FOR COUNCIL ACTION - HAD PUBLIC HEARING

25)  99R-106   Special Permit 1610B - App. of Charles Dennis Randal 
               Development to construct 3 elderly housing units to the 
               existing domiciliary care facility, to reduce the rear yard 
               setback, & to waive the sidewalk in N. 58th St. on property 
               generally located at 1/2 block north of Fremont St. between 
               56th & 58th Sts. (AMENDED, 7-0; A-79429.)

26)  99R-110   Amending the Design Standards for Subdivisions by revising
               subparagraph F of Section II of the Drainage/Storm Sewer 
               Construction & Design Manual to control storm water runoff 
               & by adding Appendix A, Storage Facilities to the Design 
               Standards for Subdivision. (AMENDED, 7-0; A-79430.)

ORDINANCES - 3RD READING

27)  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. 
               (ACTION DELAYED FOR 1 WEEK, 7-0.)

PENDING LIST (EXTENDED ONE WEEK.  SEE ITEM 41.)

28)  94R-361   Ordering Construction of Paving Unit 123 in N St. between 1st 
               & 2nd Sts. (12/19/94 - Placed on Pending)

29)  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)

30)  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)

31)  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)

32)  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)

33)  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)

34)  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)

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)  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)

38)  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)

39)  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)

40)  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)

41)  99-37     Amending Chapter 14.55 of the LMC relating to sidewalk 
               vendors to strike language to allow motorized trailers as 
               being included within the definition of "pushcart", to allow 
               pushcarts of 83" in length, to strike the present restriction
               of 80", & to add a new subsection which prohibits the 
               operation of a motorized trailer or vehicle on any sidewalk
               space.  (4/12/99 - Placed on Pending for 2 weeks to 4/26/99)
               (REMOVED FROM PENDING TO HAVE PUBLIC HEARING W/2ND READING
               ON 4/26/99, 7-0.)

WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING 
ON MONDAY, APRIL 26, 1999:(APPROVED, 7-0.)

42)  99R-118   Approving Paving Unit 132 in 51st St. from
               Leighton Ave. to Garland St.

43)  99R-119   Approving Paving Unit 133 in 69th St. from
               Leighton Ave. to Garland St.

44)  99R-120   Combined Use Permit/Special Permit 11C - App. of R.E.D. 
               Capital Development to amend SouthPointe Pavilions to 
               increase the height limit from 40' to 60' & increase the 
               total floor area from 717,000 to 730,000 sq. ft. on property 
               generally located at 27th & Pine Lake Rd.

45)  99R-121   Appointing Jim Langtry, Kent Morgan, Maura Kelly-Tolzin, & 
               Greg Aschoff to the Government Access & Information Committee
               for terms expiring 1/1/00, 1/1/00, 1/1/00, & 1/1/01 
               respectively.

46)  99R-125   Accepting the proposal of donation by the Lincoln Tennis 
               Assoc. for the construction of 3 tennis courts with two 
               bleacher pads to be located in Woods Park at 33rd & J Sts. 
               (RULES SUSPENDED FOR THIS ITEM TO HAVE INTRO.,
               PUBLIC HEARING & ACTION ON 4/26/99, 7-0.)

ADJOURNMENT 3:36 P.M.

UPCOMING HEARINGS

     Hearing Date of Mon., April 26, 1999 at 6:30 p.m. on the App. of Hy Vee,
       Inc. dba "Hy Vee Food & Drugstore #5" for a Liquor Catering License 
       at 7151 Stacy Lane. 
     Hearing Date of Mon., April 26, 1999 at 6:30 p.m. on the  App. of 
       Patricia Walbrecht dba "Patty's Place" for a Retail Class "I" Liquor 
       License at 1320 "O".
     Hearing Date of Mon., April 26, 1999 at 6:30 p.m. on the App. of 
       Tragolargo, Inc. dba "Cliff' s Lounge" for a Retail Class "C" 
       Liqour License at 140 N. 12th.

     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 & 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 & assess the cost thereof against the 
                    benefitted property.

 NOTE:  NEXT MONDAY'S REGULAR CITY COUNCIL MEETING OF APRIL 26, 1999, 
BEGINNING AT 6:30 P.M.

City Council Agenda History