Council Seal
City of Lincoln
City Council
Agenda

   ACTION From The Regular City Council Meeting Held
             Monday, April 26, 1999 At 6:30 P.m.
                                  
              ALL MEMBERS PRESENT.
PUBLIC HEARING
LIQUOR RESOLUTIONS

 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, 
               1999.

 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;
               HECHT DISSENTING.)


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
               6/1/99, 7-0.)

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 
               Pending)

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
               connection w/99R-124)

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 
               wireless services.


ADJOURNMENT 8:29 P.M.

UPCOMING HEARINGS

     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
     following:
     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.

City Council Agenda History