Council Seal
City of Lincoln
City Council
Agenda

         ACTION For The Regular City Council Meeting Held
                  Monday, May 3, 1999 At 1:30 p.m.
                                  
                     ALL MEMBERS PRESENT.

PUBLIC HEARING LIQUOR RESOLUTIONS

 1)            App. of Lambert Investments #3 L.L.C. dba Ramada Inn for 
               a Class I liquor license at 1101 W. Bond St. 
               (ADOPTED FOR APPROVAL, 7-0; A-79443)

 2)            Man. App. of Albert Lee Lambert for Lambert Investments #3 
               L.L.C. dba Ramada Inn at 1101 W. Bond St. 
               (ADOPTED FOR APPROVAL, 7-0; A-79444)

 3)            Man. App. of Tina L. Procter for Whitehead Oil Co. dba 
               U-Stop Convenience Shop at 5600 S. 56th St. 
               (ADOPTED FOR APPROVAL, 7-0; A-79445)

 4)            App. of Geemax Inc. dba N-Zone for a Class C/K liquor 
               license at 728 ½ Q St. (ADOPTED FOR APPROVAL, 7-0; A-79446)

 5)            Man. App. of William M. McCarty Jr. for Geemax Inc. dba 
               N-Zone at 728 ½ Q St. (ADOPTED FOR APPROVAL, 7-0; A-79447)

 6)            App. of Caffe' Amore Inc. dba Caffe' Amore for a Class C 
               liquor license at 2901 Pine Lake Rd., Suite G. 
               (ADOPTED FOR APPROVAL, 7-0; A-79448)

 7)            Man. App. of Matthew Nessetti for Caffe' Amore Inc. dba
               Caffe' Amore at 2901 Pine Lake Rd. 
               (ADOPTED FOR APPROVAL, 7-0; A-79449)


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

 8)  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. (4/26/99 - Public Hearing Cont'd to 5/3/99)

 9)  99-48     Renaming W. Park Ct. as "W. B Ct." located on the north 
               side of W. "A" St. at approx. SW 15th St.

PUBLIC HEARING ORDINANCES - 3RD READING

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.  (4/26/99 - Public Hearing cont'd w/3rd reading) 
               (AMENDED, 7-0; AMENDED, 7-0; ADOPTED 7-0; #17499)


PUBLIC HEARING - RESOLUTIONS 

11)  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.
               (4/26/99 - Public Hearing cont'd to 5/3/99)
               (ACTION DELAYED FOR ONE WEEK WITH PUBLIC HEARING TO 5/10/99,
               7-0)

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).  (4/26/99 - Removed 
               from Pending for Public Hearing 5/3/99) (ACTION DELAYED FOR
               ONE WEEK WITH PUBLIC HEARING TO 5/10/99, 7-0)

13)  99R-122   Ordering Improvement Dist. 182 constructed in 23rd St. from 
               Fletcher Ave. north 429'. (ACTION DELAYED FOR ONE WEEK WITH
               PUBLIC HEARING TO 5/10/99, 7-0)

14)  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.  (ADOPTED, 7-0; A-79450)

15)  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) (ADOPTED, 7-0; A-79451)

16)  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. 
               (AMENDED, 7-0; ADOPTED, 7-0; A-79452)

17)  99R-127   Approving a contract between the City & River Oaks 
               Communication for providing telecommunication consulting 
               services in developing telecom-munication & personal 
               wireless services. (ADOPTED, 7-0; A-79453)

18)            App. of Lincoln Quilters Guild to conduct a raffle within
               the City of Lincoln from June 12, 1999 through June 11, 
               2000. (ADOPTED, 7-0; A-79454)


PETITIONS & COMMUNICATIONS

19)   MISCELLANEOUS REFERRALS

               App. of Charlie's Seafood Grill, Inc. dba "Charlie's Seafood
               Grill for a Retail Class "I" Liquor License at 3940 Village
               Dr. (ADOPTED, 7-0; A-79455)
     
               App. of Sotos, Inc. dba "Bongo" for a Retail Class "I" 
               Liquor License at 815 "O" Street. (ADOPTED, 7-0; A-79456)

               App. of Ron Pushcar dba "Coconut Bay" for a Retail Class 
               "C/K" Liquor License at 421 S. 9th. (ADOPTED, 7-0; A-79457)

               Reports from City Treasurer of Telecomm. Occ. Tax due as 
               follows: Jan., Feb., Mar., 1999:  Touch 1 Comm; Mar., 1999:
               Business Telecom., Phoenix Network, Inc., (PLACED ON FILE)

               Report from City Treasurer of franchise fees paid for the 
               quarter ending March 31, 1999 from Time Warner Cable in the
               amount of $411,940.37. (PLACED ON FILE)

               1998 Annual Report from the City Law Dept. of civil suits 
               instituted and pending in the courts of record w/City as 
               plaintiff or defendant. (PLACED ON FILE)
     
               Petition to Vacate Public Way in 29th St. between "A" St. 
               & Washington except that portion necessary for the existing 
               bike path signed by  Dennis Sell. (REFERRED TO LAW DEPT.)


REPORTS OF CITY OFFICERS

20)            Clerk's Letter & Mayor's Approval of Ordinances & Resolutions
               passed on April 19, 1999. (PLACED ON FILE)

21)            Investment of Funds.  (ADOPTED, 7-0; A-79458)

22)            Report from City Treasurer of Telecomm. Occ. Tax due for 
               March 1999 from Shaffer Comm., Coast Int'l, Aliant Cellular,
               USA Paging. (PLACED ON FILE)

ORDINANCES - 1ST READING (ITEMS 23 THRU 25 HAD 1ST READING)

23)  99-51     Change of Zone 3173 - Amending Chapter 27.07 of the LMC to 
               add language to the AG Agricultural Dist. to permit 
               "roadside stands" as a conditional use on undersized lots.

24)  99-52     Vacating "U" St. from vacated 14th St. to approx. 120' west 
               of 16th St.

25)  99-53     Vacating portions of W. "M" St., W. "L" St., & S.W. 25th St.,
               generally located south & east of S.W. 25th & W. "O" Sts.

ORDINANCES - 3RD READING

26)  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. (PASSED, 7-0; #17500)

27)  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. 
               (AMENDED, 7-0; PASSED, 7-0; #17501)

28)  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. (PASSED, 7-0; #17502)

29)  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). (PASSED, 7-0; #17503)

PENDING LIST     (EXTENDED ONE WEEK)

30)  94R-361   Ordering Construction of Paving Unit 123 in N St. between 
               1st & 2nd Sts. (12/19/94 - Placed on Pending)

31)  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)

32)  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)

33)  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)

34)  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)

35)  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)

36)  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)

37)  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)

38)  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)

39)  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)

40)  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)

41)  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)

42)  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)

43)  99-43     Approving increases in the Health Dept. Food Handler Permit
               fees up to $10 & Food Establishment Annual Renewal Fees from
               $135 to $170. (4/26/99 - Public Hearing Delayed to 6/1/99)

44)  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) (4/26/99 - Public Hearing 
               Delayed to 6/1/99)

45)  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) (4/26/99 - Public
               Hearing Delayed to 6/1/99)

46)  99-104    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. (4/26/99 - Placed on 
               Pending)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC 
HEARING ON MONDAY, MAY 10, 1999:APPROVED, 7-0

47)  99R-128   Authorizing the Dept. of Public Works & Utilities to acquire
               the necessary rights-of-way & easements to proceed with 
               construction of a sanitary sewer through Lots 93 & 111 I.T. 
               in the Southwest Quarter of Section 16, Township 9 North, 
               Range 7 East.

48)  99R-129   Approving an Interlocal Agrmt. between the City, the Lower 
               Platte South Natural Resources Dist., & Lancaster County to
               establish an integrated geographic information (GIS) 
               network between the three entities.

49)  99R-130   Waiving the design standards requiring sidewalks along south
               1st St. for the S & S Subdivision Admin. Final Plat on 
               property generally located on the east side of S. 1st St., 
               south of Garfield St.

50)  99R-131   Waiving the design standards requiring sidewalks & street 
               paving for the S & S Subdivision 1st Add. Admin. Final Plat
               on property generally located on the east side of S. 1st 
               St., south of Garfield St.

51)  99R-132   Comp. Plan Amend. 94-30-11 - Amending Figures 29, 31, 32, 
               & Table 10, to increase the number of lanes & right-of-way
               width in East "O" St. between 52nd St. & Wedgewood Dr.

52)  99R-133   Endorsing the concept of a skate park facility at Van Dorn 
               Park generally located at 10th & Van Dorn Sts.

53)  99R-134   Approving a recommendation that the Mayor amend 
               Administrative Regulation #9 to allow for the creation & 
               implementation of a take-home vehicle program for police 
               officers in targeted revitalization strategy areas.


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 2:10 P.M.

UPCOMING HEARINGS
     
Hearing Date of Mon. 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.  
Request of P.L.P., Inc. dba Sun Valley Bar & Grill for an addition 
  to their licensed premise at 200 W. P St.  
App. of RT Omaha Franchise, LLC dba Ruby Tuesday for a Retail Class I 
  Liquor License at 247 N. 8th St.

Appointment of Betsy Palmer to fill the unexpired term of Debbie Brehm on 
the County/City Board of Health to expire on 4/15/00.

Re-appointment of Cindy Johnson, Larry Hudkins, Rodrigo Cantarero to a 
3-year term on the County/City Board of Health to expire on 4/15/02.


City Council Agenda History