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,
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
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
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.
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.