ACTION From The Regular City Council Meeting Held
Monday, April 26, 1999 At 6:30 P.m.
ALL MEMBERS PRESENT.
1) App. of Hy Vee, Inc. dba Hy Vee Food & Drugstore #5 for a
Liquor Catering License at 7151 Stacy Ln.
(ADOPTED FOR APPROVAL, 7-0; A-79442.)
2) App. of Tragolargo, Inc. dba Cliff' s Lounge for a Retail
Class C Liqour License at 140 N. 12th.
(ADOPTED FOR APPROVAL, 7-0; A-79431.)
3) Man. App. of Rebecca L. Seoane for Tragolargo Inc. dba
Cliff's Lounge at 140 N. 12th St.
(ADOPTED FOR APPROVAL, 7-0; A-79432.)
4) App. of Patricia Walbrecht dba Patty's Place for a Retail
Class I Liquor License at 1320 "O".
(ADOPTED FOR APPROVAL, 7-0; A-79433.)
PUBLIC HEARING ORDINANCES - 2ND READING
(ITEMS 5 THRU 10 HAD PUBLIC HEARING.)
5) 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,
6) 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 NW 1st St. & NW 12th St.,
& on the east side of NW 1st St. on both sides of Highland Cir
(PUBLIC HEARING CONT'D W/2ND READING TO 5/3/99, 7-0.)
7) 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.
8) 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.
9) 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).
10) 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)
(PUBLIC HEARING CONT'D W/3RD READING ON 5/3/99, 6-1;
PUBLIC HEARING ORDINANCES - 3RD READING
11) 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. (4/19/99 - Pub. Hearing cont'd to 4/26/99)
(PASSED, 7-0; #17495.)
12) 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. (4/19/99 - Pub.
Hearing cont'd to 4/26/99) (PASSED, 7-0; #17496.)
PUBLIC HEARING - RESOLUTIONS
13) 99R-118 Approving Paving Unit 132 in 51st St. from Leighton Ave. to
Garland St. (AMENDED, 7-0; ADOPTED, 7-0; A-79434.)
14) 99R-119 Approving Paving Unit 133 in 69th St. from Leighton Ave. to
Garland St. (AMENDED, 7-0; ADOPTED, 7-0; A-79435.)
15) 99R-120 Combined Use Permit/Special Permit 11C - App. of R.E.D.
Capital Developent 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.
(ADOPTED, 6-1; SHOECRAFT DISENTING; A-79436.)
16) 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. (ADOPTED, 7-0; A-79437.)
17) 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.
(4/19/99 - Rules Suspended For This Item To Have Intro.,
Public Hearing & Action On 4/26/99.) (PUBLIC HEARING
CONT'D & ACTION DELAYED TO 5/3/99, 7-0.)
PETITIONS & COMMUNICATIONS
18) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
19) Clerk's Letter & Mayor's Approval of Ordinances & Resolutions
passed on April 12, 1999. (PLACED ON FILE)
20) Investment of Funds. (ADOPTED, 7-0; A-79441.)
21) Report from City Treasurer of Telecomm. Occ. Tax due for Jan.
thru March 1999 from AmeriVision Comms. & for March, 1999
from Winstar Wireless. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 22 THRU 25 HAD 1ST READING.)
22) 99-43 Approving increases in the Health Dept. Food Handler Permit
fees up to $10 & Food Establishment Annual Renewal Fees from
$135 to $170. (4/19/99 - Delayed Introduction to 4/26/99)
(PUBLIC HEARING DELAYED TO 6/1/99, 7-0.)
23) 99-48 Renaming W. Park Ct. as "W. B Ct." located on the north side
of W. "A" St. at approx. SW 15th St.
24) 99-49 Change of Zone 2531AA - App. of Hampton Development Services
to amend the Williamsburg Village Final P.U.D. to permit 125
dwelling units for elderly people, 60 dwelling units for
assisted living, & a waiver of the height limit from 35' to
42', on property generally located at S. 40th St. & Pine Lake
Rd. (In connection w/99-50) (PUBLIC HEARING DELAYED TO
25) 99-50 Vacating all of Williamsburg Village 17th Add. except for the
40th St. right-of-way generally located at S. 40th St. & Pine
Lake Rd. (In connection w/99-49)
(PUBLIC HEARING DELAYED TO 6/1/99, 7-0.)
ORDINANCES - 3RD READING
26) 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. (PLACED ON PENDING, 7-0.)
27) 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
modifications & cleanup, & remodel Water Control Room to a
training/911 backup project.
(PASSED, 7-0; #17497.)
28) 99-39 Amending the corporate limits of the City by annexing 7 lots
generally located at 84th St. & Old Cheney Rd.
(PASSED, 7-0; #17498.)
PENDING LIST (EXTENDED ONE WEEK. SEE ITEM 42.)
29) 94R-361 Ordering Construction of Paving Unit 123 in N St. between
1st & 2nd Sts. (12/19/94 - Placed on Pending)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
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)
39) 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)
40) 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)
41) 98-193 Amending the corporate limits of the City by annexing one lot
& a portion of another lot generally located NW 56th & W.
Adams Sts. (In connection w/99-24) (4/5/99 - Placed on
42) 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). (4/19/99 - Placed
on Pending for 2 weeks to 5/3/99) (REMOVED FROM
PENDING TO HAVE PUBLIC HEARING & ACTION ON 5/3/99, 7-0.)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON MONDAY, MAY 3, 1999: (APPROVED, 7-0.)
43) 99R-122 Ordering Improvement Dist. 182 constructed in 23rd St. from
Fletcher Ave. north 429'.
44) 99R-123 Special Permit 1733A - App. of M & S Construction, Inc. to
amend Muff 1st Add. C.U.P. by adding 44 dwelling units for a
total of 83 dwelling units, adjusting the side & front yards
allowing a density bonus for low income & handicap housing,
on property generally located at Trimble & W. "A" Sts. (In
45) 99R-124 Accepting & approving the Pre. Plat of Muff 1st Add. on
property generally located at Trimble & W. "A" Sts.
(In connection w/99R-123)
46) 99R-126 Accepting the report of new & pending tort claims against the
City & approving disposition of claims set forth therein for
the period of April 1 through April 15, 1999.
47) 99R-127 Approving a contract between the City & River Oaks
Communication for providing telecommunication consulting
services in developing telecommunication & personal
ADJOURNMENT 8:29 P.M.
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.
App. of Lambert Investments #3 LLCdba Ramada Inn for a Retail Class I
Liquor License at 1101 W. Bond.
App. of Caffe' Amore, Inc. dba Caffe' Amore for a Retail Class C Liquor
License at 2901 Pine Lake Rd.
Man. App. of Tina L. Procter for Whitehead Oil Co. dba U-Stop
Convenience Shop at 5600 S 56th.
18) MISCELLANEOUS REFERRALS
Setting Hearing Date of Mon., May 10, 1999 at 1:30 p.m. for the
App. of El Matador Lounge, Inc. dba El Matador Lounge for a Retail
Class C Liquor License at 1620 Cornhusker Hwy.
(ADOPTED, 7-0; A-79438.)
Request of P.L.P., Inc. dba Sun Valley Bar & Grill for an addition to
their licensed premise at 200 W. P St. (ADOPTED, 7-0; A-79439.)
App. of RT Omaha Franchise, LLC dba Ruby Tuesday for a Retail Class I
Liquor License at 247 N. 8th St. (ADOPTED, 7-0; A-79440.)
Reports from City Treasurer of Telecomm. Occ. Tax due as follows:
All of 1998 & Jan. & Feb., 1999 from Nebraska Technology &
Telecomms.; Jan. thru March, 1999 from Zenex Long Distance,
Claricom Networks & Long Distance Internat'l; March, 1999 from:
ATS Mobile Telephone, Western Union Comms., Intellicall Operator
Services, Matrix Telecom, Aliant Comms., Worldtel Services, NOSVA
Ltd. Partnership, Globalcom, Telco Development Group, GST Net, UStel,
RSL Com USA, INACOM Comms., UniDial Comms., D & D Comms., Incomnet
Comm. Corp., Network Internat'l, Long Distance of Michigan,
Association Administrators, Affinity Network, Global Telephone, NOS
Comms., Stormtel, Intelicom Internat'l, Sprint Comm. Co. & Equality; &
March & April, 1999 from Executive Answering Service.
(PLACED ON FILE)
Report from City Treasurer of 911 Surcharge Remittance from Aliant
Comms. Co. for the quarter ending March 31, 1999. (PLACED ON FILE)
App. of Lincoln Quilters Gild to conduct a raffle within the City of
Lincoln. (HEARING DATE SET FOR MON., MAY 3, 1999 AT 1:30 P.M., 7-0.)
Report from City Treasurer of City Cash on hand at the close of
business on March 31, 1999. (PLACED ON FILE)
Informal Request to create a Paving Dist., Water Dist. & Ornam. Street
Lighting Dist. for Rockledge Rd. from S. 84th St. west approx. 638'
signed by Good Shepherd Presbyterian Church. (REFERRED TO PUBLIC WORKS)
Petition to Vacate Public Way in Greenfield St. R-O-W from the north
R-O-W of NW 10th St. to the south line of Outlot H Block 3, Highlands
Coalition Add. signed by Southview Inc. & Ridge Development Co.
(REFERRED TO LAW DEPT.)
Two Petitions to Vacate Public Way in a portion of Marlborough Rd.
lying south of Stevens Ridge Rd. signed by Thomas & Janis O'Neill
and Ronald & Debra Hachiya. (REFERRED TO LAW DEPT.)
Petition to Vacate Public Way as follows: Parcel 1: The westerly 25'
of N. 8th St. adjacent to: Lot 12, Block 32, Orig. Lincoln, & Lot 1,
Candy Factory Sub., Lincoln, Lancaster County, NE & the East-West alley
adjacent thereto; and Parcel 2: The southerly 8' of Q St. adjacent to:
Lots 1 & 2, Candy Factory Sub., Lincoln, Lancaster County, NE & Parcel
1 above signed by B & J Partnership Ltd. (REFERRED TO LAW DEPT.)
THE FOLLOWING APPLICATIONS WERE REFERRED TO THE PLANNING DEPT.:
Change of Zone 3177 - App. of David Thompson for a change to LMC
§§27.69.044, 27.69.060, & 27.63.390.
Special Permit 1769 - App. of Cecilia Curtis to establish a day care
center on property at 400 N 27th St.
Use Permit 58F - App. of RJL Development North to construct a
60,182 sq. ft. office building on property at 34th & Plantation.