Council Seal
City of Lincoln
City Council
Agenda

             ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD
               MONDAY, AUG. 9, 1999 AT 6:30 P.M.

NOTE:  PUBLIC HEARING FOR THE 1 & 6 YEAR STREET & HIGHWAYS PROGRAM
       & THE  99/2000 MAYOR'S RECOMMENDED ANNUAL OPERATING BUDGET & CAPITAL
       IMPROVEMENT PROGRAM FY 1999-2005 WILL BEGIN AFTER THE REGULAR
       CITY COUNCIL AGENDA.

                   ALL MEMBERS PRESENT

PUBLIC HEARING LIQUOR LICENSES

 1)       Man. App.. of Ronald R. Simpson for Grisanti Inc. dba Grisanti's 
          at 6820 "O" St.  (ADOPTED FOR APPROVAL 7-0; A-79628)

 2)       App. of Prairie Fare, Inc. dba P.O. Pears for a SDL covering an 
          area measuring 100' by 40' on Aug. 21, 1999 from 11:30 a.m. to
          1:00 a.m. at 322 S. 9th St. (ADOPTED FOR APPROVAL, 7-0; A-79629)

 3)       App. of Hobnobbers for a SDL covering an area on "P" St. from 
          14th to 16th St. & 15th St. from "O" St. to Centennial Mall on
          August 20 & 21, 1999 from 4:00 p.m. to 12:00 a.m. 
          (ADOPTED FOR APPROVAL, 7-0; A-79630)

 4)       App. of Lincoln Wings, L.L.C. dba Hooters for a SDL covering an 
          area measuring 60' by 60' on Aug. 13, 1999 from 3:00 p.m. to 1:00
          a.m. at 6811 "O" St. (ADOPTED FOR APPROVAL, 4-3; FORTENBERRY,
          MCROY, SHOECRAFT DISSENTING; A-79631)


PUBLIC HEARING ORDINANCES - 2ND READING - NONE

PUBLIC HEARING - RESOLUTIONS  - NONE


PETITIONS & COMMUNICATIONS

 5)       THE FOLLOWING WERE REFERRED TO PLANNING DEPT.:
          Change of Zone 3201 - App. of  HB II, Inc. from O-3 to B-5 at
             60th & Old  Cheney Rd.
          Use Permit No. 82-B - App. of Design Data Corp. to develop an 
             office park & reduce required parking associated w/Lot 1 to
             82 stalls located at 14th & Old Cheney Rd.
          Spec. Permit No. 1791 - App. of Cedar Youth Services Inc. for a 
             residential health care   facility for youth ages 12 to 18 
             located at 1430 South Street.
          Spec. Permit No. 1792 - App. of Valentino's to construct & 
             operate a parking lot at 35th & Holdrege.
          Spec. Permit No. 1793 - App. of Baldomero N. Garcia for the 
             construction of a new dining room in lieu of the existing
             deck at 5151 Boeckner Ave.


 6)   MISCELLANEOUS REFERRALS


REPORTS OF CITY OFFICERS

 7)            Clerk's Letter &  Mayor's Approval of Ordinances & 
               Resolutions passed on July 26, 1999. (PLACED ON FILE)

 8)            Investment of Funds. (ADOPTED, 7-0; A-79634)

 9)            Report from City Treasurer of Telecomm. Occ. Tax due for 
               APRIL, 1999: OneStar; MAY, 1999: OneStar;  JUNE, 1999:
               OneStar, GE Capital, IBM Global, Eclipse, Intellicall, GTE, 
               LCI, Affinity Corp., Calls for Less, QWest, USN, Trans Nat'l,
               Atcall, Comdata. (PLACED ON FILE)

10)            Lincoln Water & WasteWater System Recapitulation of Daily 
               Cash Receipts for July 1999. (PLACED ON FILE)

ORDINANCES - 1ST READING  (ITEMS 11 THRU 15 HAD 1ST READING)

11)  99-92     Authorizing the transfer of appropriations between certain
               capital improvement projects within the Sanitary Sewer
               Construction Fund, Water Construction Fund, Landfill
               Revenue Fund, Street Construction Fund, Vehicle Tax Fund, &
               Storm Sewer Bond Issue Fund.

12)  99-93     Amending the corporate limits of the City by annexing 
               approx. 45 acres of property generally located at S. 14th
               St. & Mockingbird Lane North.

13)  99-94     Vacating a portion of the plats of Airport Heights & Olympic
               Heights generally located at N.W. 56th & West Adams Sts.  
               (In connection w/99R-213, 99R-214)

14)  99-95     Change of Zone 3184 - A.P.. of Lyle Loth for a change from 
               R-2 Residential Dist. to O-3 Office Park District on 
               property generally located at S. 7th St. & Old Cheney Rd. 
               (In connection w/99R-215,  99R-216, 99R-217, 99R-218)

15)  99-96     Change of Zone 3197 - A.P.. of Austin Realty Investments for 
               a change from R-2 Residential to O-3 Office Park on property 
               generally located at 80th & "O" Sts.

ORDINANCES - 3RD READING

16)  99-87     Adopting pay schedules & schedules of pay ranges for 
               employees of the City of Lincoln, Nebraska whose classifi-
               cations are assigned to pay ranges prefixed by the
               letters "E", "X", & "M". (ACTION DELAYED FOR ONE WEEK TO
               8/16/99, 6-0; COOK ABSENT)

17)  99-88     Vacating Hill St. between the Van Dorn Bypass to Park Blvd. 
               on the south side of Van Dorn. (PASSED, 7-0; #17537)

18)  99-90     Change of Zone 3191 - A.P.. of Richard Svoboda for a change
               from B-3 Commercial to R-5 Residential/R-C Residential 
               Conservation Dist. on property generally located at 17th & 
               Sumner Sts.  (8/2/99 - Amended) (PASSED, 7-0; A-#17538)

19)  99-91     Amending Chapter 4.16 of the LMC relating to the Community
               Health Endowment to provide for nominations by the Mayor &
               City Council to the Board of Trustees with appointments 
               being made by the City Council & extending the original Board
               appointments by one year. (ACTION DELAYED ONE WEEK TO
               8/16/99, 4-3; CAMP, FORTENBERRY, JOHNSON DISSENTING )

20)  99-71     Change of Zone 3185 - A.P.. of the First Assembly of God 
               Church for a change of zone from R-2 Residential to O-3 
               Office Park on property generally located at the southeast
               corner of 56th & "R" Sts. (WITHDRAWN, 7-0; #38-4311)


PENDING LIST  (EXTENDED ONE WEEK)

21)  95-128    Change of Zone 2912 - A.P.. 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)

22)  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)

23)  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)

24)  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)

25)  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)

26)  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)

27)  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)

28)  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)

29)  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)

30)  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)

31)  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)

32)  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)

33)  99R-134   Approving a recommendation that the Mayor amend 
               Administrative Regulation #9 to allow for t he creation & 
               implementation of a take-home vehicle program for police
               officers in targeted revitalization strategy areas.  
               (5/10/99 - Placed on Pending)

34)  99-58     Change of Zone 3167 - A.P.. of College View 7th Day 
               Adventist Church for a change from R-4 & R-6 Residential 
               to B-3 Commercial on property generally located at S.
               49th St. & Lowell Ave.  (6/1/99 - Placed on Pending)

35)  99R-152   Authorizing acquisition of property contiguous with other 
               city of Lincoln property in Sarpy County east of the Platte
               River. (6/28/99 - Action delayed for 3 weeks w/Pub. Hearing
               on 7/19/99)  (7/12/99 - To remain on Pending indefinitely)

36)  99R-176   Accepting & approving the Pre. Plat of Horizon Business 
               Center generally located at S. 14th St. & Pine Lake Rd. (In
               connection w/99R-177) (7/12/99 - Action delayed to 8/30/99)

37)  99R-177   Use Permit 117 - A.P.. of South Industrial Park L.L.C., 
               Security Mutual Life Insurance Co., Lincoln Public Schools,
               & Gary Pickering & John Rallis to develop 529,500 sq. ft. of
               industrial, office, & retail uses on property generally 
               located at S. 14th St. & Pine Lake Rd.  (In connection 
               w/99R-176)  (7/12/99 - Action delayed to 8/30/99)

38)  99-86     An Ordinance authorizing and providing for the issuance,
               sale and delivery of City of Lincoln, Nebraska, Parking 
               Revenue Bonds ("Parking Bonds"), including not to exceed
               $16,000,000 Parking Revenue and Refunding Bonds, Series 
               1999 ("1999 Bonds") for the purpose of  refinancing our 
               existing parking revenue bonds and issuing about $3,000,000
               of new debt to finance the market place parking garage & 
               authorizing the Finance Director to prescribe terms & 
               provisions for issuance & repayment of the bonds & notes 
               & establishing related funds & accounts.  (7/19/99 - Placed 
               on Pending - had 1st reading). (REMOVED FROM PENDING FOR
               SUBSTITUTE PAGES TO REFLECT INCREASE IN BOND AMOUNT & TO
               HAVE 2ND & 3RD READING W/EMERGENCY CLAUSE ON 8/16/99, 7-0)

39)  99-82     Change of Zone 3187 - Amending Chapter 27.69 of the LMC to 
               amend the sign ordinance to require 800' between off-premise
               signs.  (7/26/99 - Placed on Pending till 2/1/2000)

40)  99-89     Change of Zone 3188 - A.P. of Jeffrey J. Fredrick for a 
               change from R-4 Residential to B-3 Commercial on property
               generally located on the northeast corner of N. 27th & Starr
               Streets.  (8/2/99 - Placed on Pending for 30 days)


COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING 
ON MONDAY, AUGUST 16, 1999.    APPROVED, 7-0

41)  99R-205   Adopting the Large Power Contract Rate Group & the Festoon 
               Lighting Rate Addition which authorizes LES to provide these
               services.  (In connection w/99R-206)

42)  99R-206   Adopting the modifications to LES' Open Access Transmission 
               Tariff which authorizes the LES Administrative Board to 
               incorporate the Mid-Continent Area Power Pool's Line Loading 
               Relief Procedures in the LES Open Access Transmission Tariff.
               (In connection w/99R-205)

43)  99R-207   Reappointing Jan Gauger to the Lincoln Housing Authority 
               Board for a 5-year term expiring July 1, 2004.

44)  99R-208   Authorizing the award of a bid for construction of Sewer 
               Dist. 1171 in Mar-Ma-Ra-Lo Heights & Pioneers Heights which 
               exceeds the cost estimates by more than 25%.

45)  99R-209   Accepting & approving the Pre. Plat of Bair Industrial Park 
               1st Add. for 5 industrial/commercial lots, generally located
               northeast of N. 32nd St. & Bair Ave. & a waiver of the 
               stormwater detention requirement.

46)  99R-210   Accepting & approving the Pre. Plat of Cyrilla Court 1st 
               Add. for 43 single family lots & 3 outlots, generally 
               located at N. 1st St. & Benton Ct., & a waiver of the 
               stormwater detention & low flow liners requirements.

47)  99R-211   Special Permit 1502A - App. of Patrick Mooberry to delete
               the recreation plan & development & occupancy schedule 
               requirements of the Hartland Homes East C.U.P., on property
               generally located at 80th St. & Old Cheney Rd.

48)  99R-212   Special Permit 1784 - A.P. of Whitehead Oil Co. for authority
               to sell alcoholic beverages for consumption off the premises
               at 6801 Wildcat Dr.

49)  99R-213   Special Permit 1777 - A.P.. of Hartland Homes, Inc. to 
               develop Hartland Homes Northwest C.U.P. consisting of 126 
               single family dwelling units on property generally
               located at N.W. 56th & W. Adams Sts.  (In connection 
               w/99-94, 99R-214)

50)  99R-214   Accepting & approving the Pre. Plat of Hartland Homes 
               Northwest for 106 single family lots & four outlots 
               generally located at N.W. 56th & W. Adams Sts., with
               associated waivers of subdivision requirements including 
               paving, block length, sidewalks, landscape screens, street 
               trees, right-of-way, maximum 3% slope, & 125' intersection 
               separation.  (In connection w/99-94, 99R-213)

51)  99R-215   Appeal of Bill Behmer from the Planning Commission approval 
               of Use Permit 119 to construct a 5,000 sq. ft. office 
               building at S. 7th St. & Old Cheney Rd.  (In connection
               w/99-95, 99R-216, 99R-217, 99R-281)

52)  99R-216   Special Permit 1774 - A.P.. of Lyle Loth to develop 
               Wilderness Estates 3rd C.U.P. consisting of 8 single family 
               dwelling units with a private roadway & one outlot on
               property generally located at S. 7th St. & Old Cheney Rd.
               (In connection w/99-95, 99R-215, 99R-217, 99R-218)

53)  99R-217   Accepting a conservation easement to preserve woodlands,
               wetlands, & floodplain associated with a drainageway, in an
               area generally located at S. 7th St. & Old Cheney
               Rd.  (In connection w/99-95, 99R-215, 99R-216, 99R-218)

54)  99R-218   Accepting & approving the Pre. Plat of Wilderness Estates
               3rd Add. for 9 lots & 1 outlot on property generally located
               at S. 7th St. & Old Cheney Rd. with waivers for low flow 
               liners & stormwater detention requirements.  (In connection
               w/99-95, 99R-215, 99R-216, 99R-217)

55)  99R-219   Accepting the report of new & pending tort claims against
               the City & approving disposition of claims set forth therein
               for the period of July 16 thru 31, 1999.

56)  99R-220   Appointing Linda Wibbels to the Board of Zoning Appeals to 
               fill an unexpired term expiring Feb. 1, 2000.

57)  99R-221   Appointing John Baylor to the Lincoln Library Board for a 7
               yr. term from Sept. 1, 1999 to Aug. 31, 2006.

58)  99R-222   Reappointing Robert Ripley & Melinda Pearson to the Historic
               Preservation Commission for 3-yr. terms expiring April 15,
               2002.

59)  99R-223   Approving the Management & Maintenance Contract for Downtown
               Business Improvement Dists. (1999 Revision) between the City
               & the Downtown Lincoln Assoc. for a 2 yr. period. 
               (SUSPENDED RULES REQUIRING 2 READINGS & TO HAVE INTRODUCTION,
               PUBLIC HEARING & VOTE ON 8/16/99, 7-0)

60)  99R-224   The contract between the City & Downtown Lincoln Association
               (DLA) requires the City Council's review & approval of 
               Annual Plan of Work for the Management BID's & budgets for 
               Management & Maintenance BID's. (SUSPENDED RULES REQUIRING 2
               READINGS & TO HAVE INTRODUCTION, PUBLIC HEARING & VOTE ON
               8/16/99, 7-0)


PUBLIC HEARING

61)       One & Six Year Streets & Highway Program.

62)       99/2000 Mayor's recommended annual operating Budget & Capital 
          Improvement Program FY 1999-2005.


ADJOURNMENT 12:36 A.M.


UPCOMING HEARINGS

Hearing date of Mon., Aug. 16, 1999 at 1:30 p.m. on the A.P.. of Prairie 
Fare, Inc. dba P.O. Pears for a Liquor Catering License at 322 S. 9th St.

6)   MISCELLANEOUS REFERRALS
     
     Setting hearing date of Mon., Aug. 23, 1999 at 1:30 p.m. on the App. 
     of CAT, Inc. dba "Prime Time" at 227 N. 9th for a Liquor Catering 
     License at 227 N. 9th. (ADOPTED, 7-0; A-79632)

     Setting hearing date of Mon., Aug. 23, 1999 at 1:30 p.m. on the Man. 
     App. of Debra Northup for C.R. Corporation dba "T & C Lounge" a 3245 
     Cornhusker Hwy. (ADOPTED, 7-0; A-79633)

     Reports from City Treasurer of Telecomm. Occ. Tax due as follows: 
     June, 1999: Aliant Cellular (PLACED ON FILE)

     App. of NAPE/AFSCME Local 61 to conduct a raffle in the City for the 
     period of 8/16/99 to 9/27/99. 
     (HEARING DATE SET FOR MON., AUG. 16 1999 AT 1:30 P.M., 7-0)

     App. of St. Josephs Church/School at 1940 S. 77th to conduct a lottery
     within the City of Lincoln.  
     (HEARING DATE SET FOR MON., AUG. 16, 1999 AT 1:30 P.M., 7-0)

City Council Agenda History