Council Seal
City of Lincoln
City Council
Agenda

      Action From the Regular City Council Meeting Held
                  Monday, Aug. 16, 1999 At 1:30 p.m.

                  ALL MEMBERS PRESENT.

MAYOR'S AWARD OF EXCELLENCE (AWARDED TO BECKY WITULSKI, PARKS & REC.)

PUBLIC HEARING LIQUOR LICENSES

 1)            App. of Prairie Fare, Inc. dba P.O. Pears for a Liquor 
               Catering License at 322 S. 9th St. 
               (ADOPTED FOR APPROVAL, 7-0; A-79635.)


PUBLIC HEARING ORDINANCES - 2ND READING 
(ITEMS 2 THRU 7 HAD PUBLIC HEARING.  SEE ITEM 5.)

 2)  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.

 3)  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.

 4)  99-94     Vacating a portion of the plats of Airport Heights & Olympic
               Heights generally located at N.W. 56th & W. Adams Sts.
               (In connection w/99R-213, 99R-214)

 5)  99-95     Change of Zone 3184 - App. of Lyle Loth for a change from
               R-2 Residential to O-3 Office Park on property generally 
               located at S. 7th St. & Old Cheney Rd.  (In connection 
               w/99R-215, 99R-216, 99R-217, 99R-218) (PUBLIC HEARING CONT'D 
               W/3RD READING & ACTION TO 8/23/99, 7-0.)

 6)  99-96     Change of Zone 3197 - App. of Austin Realty Investments for
               a change from R-2 Residential to O-3 Office Park on property
               generally located at 80th & "O" Sts.

 7)  99-86     An Ordinance authorizing & providing for the issuance, sale
               & delivery of City of Lincoln, Nebraska, Parking Revenue 
               Bonds ("Parking Bonds"), including not to exceed $16,000,000
               Parking Revenue & Refunding Bonds, Series 1999 ("1999 Bonds")
               for the purpose of refinancing our existing parking revenue
               bonds & issuing about $3,000,000 of new debt to finance the
               market provisions for issuance & repayment of the bonds & 
               notes & establishing related funds & accounts.  (8/9/99 - 
               Removed from Pending for 8/16/99)  (8/9/99 - Substitute
               pages to reflect increase in bond amount approved)  (On 3rd 
               Reading with Emergency Clause) (SEE ITEM 36.)

PUBLIC HEARING - RESOLUTIONS

 8)            App. of St. Joseph's Church/School of Lincoln to conduct a 
               lottery within the City of Lincoln from Sept. 1 thru Nov. 
               30, 1999. (ADOPTED, 7-0; A-79636.)

 9)            App. of NAPE/AFSCME Local 61 to conduct a raffle within the 
               City of Lincoln from Aug. 16 thru Sept. 27, 1999. 
               (ADOPTED, 7-0; A-79637.)

10)  99R-205   Adopting the Large Power Contract Rate Group & the Festoon
               Lighting Rate Add. which authorizes LES to provide these 
               services.  (In connection w/99R-206)  
               (ADOPTED, 7-0; A-79638.)

11)  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) (ADOPTED, 7-0; A-79639.)

12)  99R-207   Reappointing Jan Gauger to the Lincoln Housing Authority 
               Board for a 5-yr. term expiring July 1, 2004. 
               (ADOPTED, 7-0; A-79640.)

13)  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%. 
               (ADOPTED, 7-0; A-79641.)

14)  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. 
               (ADOPTED, 7-0; A-79642.)

15)  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. 
               (ADOPTED, 7-0; A-79643.)

16)  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.
               (ADOPTED, 7-0; A-79644.)

17)  99R-212   Special Permit 1784 - App. of Whitehead Oil Co. for 
               authority to sell alcoholic beverages for consumption off 
               the premises at 6801 Wildcat Dr. 
               (ADOPTED, 7-0; A-79645.)

18)  99R-213   Special Permit 1777 - App. 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)  
               (ACTION DELAYED 1 WEEK TO 8/23/99, 7-0.)

19)  99R-214   Accepting & approving the Pre. Plat of Hartland Homes North-
               west for 106 single family lots & 4 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) 
               (ACTION DELAYED 1 WEEK TO 8/23/99, 7-0.)

20)  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-218) 
               (PUBLIC HEARING CONT'D & ACTION DELAYED TO 8/23/99, 7-0.)

21)  99R-216   Special Permit 1774 - App. 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) 
               (PUBLIC HEARING CONT'D & ACTION DELAYED TO 8/23/99, 7-0.)

22)  99R-217   Accepting a conservation easement to preserve woodlands,
               wetlands, & flood-plain 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) 
               (PUBLIC HEARING CONT'D & ACTION DELAYED TO 8/23/99, 7-0.)

23)  99R-218   Accepting & approving the Pre. Plat of Wilderness Estates 
               3rd Add. for nine lots & one 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) 
               (PUBLIC HEARING CONT'D & ACTION DELAYED TO 8/23/99, 7-0.)

24)  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. 
               (ADOPTED, 7-0; A-79646.)

25)  99R-220   Appointing Linda Wibbels to the Board of Zoning Appeals to 
               fill an unexpired term expiring Feb. 1, 2000. 
               (ADOPTED, 7-0; A-79647.)

26)  99R-221   Appointing John Baylor to the Lincoln Library Board for a 7
               yr. term from Sept. 1, 1999 to Aug. 31, 2006. 
               (ADOPTED, 7-0; A-79648.)

27)  99R-222   Reappointing Robert Ripley & Melinda Pearson to the Historic
               Preservation Commission for 3-yr. terms expiring April 15, 
               2002. (ADOPTED, 7-0; A-79649.)

28)  99R-223   Approving the Management & Maintenance Contract for Downtown
               BIDs  (1999 Revision) between the City & the Downtown 
               Lincoln Assoc. for a 2 yr. period.  (ADOPTED, 7-0; A-79650.)

29)  99R-224   Approving the Annual Program of Work for the Downtown Lincoln
               Assoc. Management BIDs & budgets for Management & Maintenance
               BIDs. (ADOPTED, 7-0; A-79651.)

29a) 99R-229   Endorsing the idea of facilitating improvements to the BMX 
               bicycle track and related facilities on property near Oak 
               Lake Park at Sun Valley Blvd. & Charleston Sts. 
               (RULES SUSPENDED TO PLACE ON THE AGENDA FOR PUB. HEARING
               & ACTION ON THIS DATE, 7-0; ADOPTED, 7-0; A-79652.)


PETITIONS & COMMUNICATIONS

30)   MISCELLANEOUS REFERRALS


REPORTS OF CITY OFFICERS

31)            Clerk's Letter &  Mayor's Approval of Ordinances & 
               Resolutions passed on Aug. 2, 1999. (PLACED ON FILE)

32)            Investment of Funds. (ADOPTED, 7-0; A-79657.)


ORDINANCES - 1ST READING (ITEM 33 HAD 1ST READING.)

33)  99-97     Renaming Hwy. #77 as "Homestead Heritage Expressway" from 
               I-80 to its intersection with Hwy. 136 including a portion 
               of S. 12th St. & Salt Valley Rdwy.

ORDINANCES - 3RD READING

34)  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".  (8/9/99 - Action delayed to 
               8/16/99) (PASSED, 7-0; #17539.)

35)  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.  (8/9/99 - Action delayed 
               to 8/16/99) (SUB. ORD. ACCEPTED, 4-3; COOK, MCROY & SENG
               DISSENTING; PASSED 4-3; COOK, MCROY, & SENG DISSENTING,
               #17540.)

36)  99-86     An Ordinance authorizing & providing for the issuance, sale
               & delivery of City of Lincoln, Nebraska, Parking Revenue 
               Bonds ("Parking Bonds"), including not to exceed $16,000,000
               Parking Revenue & Refunding Bonds, Series 1999 ("1999 Bonds")
               for the purpose of  refinancing our existing parking revenue 
               bonds & issuing about $3,000,000 of new debt to finance the 
               market provisions for issuance & repayment of the bonds & 
               notes & establishing related funds & accounts.  (8/9/99 - 
               Removed from Pending for 8/16/99)  (8/9/99 - Substitute 
               pages to reflect increase in bond amount approved)  (With
               the Emergency Clause) 
               (PASSED W/THE EMERGENCY CLAUSE, 7-0; #17541.)


PENDING LIST (EXTENDED 1 WEEK.)

37)  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)

38)  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)

39)  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)

40)  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)

41)  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)

42)  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)

43)  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)

44)  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)

45)  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)

46)  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)

47)  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)

48)  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.  (4/26/99 - Placed on 
               Pending)

49)  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)

50)  99-58     Change of Zone 3167 - App. 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)

51)  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)

52)  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)

53)  99R-177   Use Permit 117 - App. 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)

54)  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)

55)  99-89     Change of Zone 3188 - App. 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 23, 1999. (APPROVED, 7-0.)

56)  99R-225   Pre-Existing Use Permit 3Y - App. of Ameritas Life Insurance
               to expand the parking & modify the existing 50' front yard 
               setback along N. Cotner Blvd., generally located at
               "O" St. & N. Cotner Blvd.

57)  99R-226   Approving the use of public right-of-way by the Burkholder 
               Project for a front entry ramp at 719 P St.

58)  99R-227   Revising the sanitary landfill rates by increasing the land-
               fill rate from $16.00/ton to $17.00/ton & adjusting the 
               minimum fee for refuse trucks & trailers.

59)  99R-228   Adopting the City of Lincoln 99/00 Annual Operating Budget.

ADJOURNMENT 5:48 P.M.


UPCOMING HEARINGS

     Hearing date of Mon., Aug. 23, 1999 at 1:30 p.m. on the App. of CAT, 
     Inc. dba Prime Time for a Liquor Catering License at 227 N. 9th.

     Hearing date of Mon., Aug. 23, 1999 at 1:30 p.m. on the Man. App. of 
     Debra Northup for C.R. Corp. dba T & C Lounge a 3245 Cornhusker Hwy.

30)  MISCELLANEOUS REFERRALS
     
     Setting hearing date of Mon., Aug. 30, 1999 at 1:30 p.m. on the Man.
     App. of Shad M. Sanford for Carlos O'Kelly's, Inc. dba Carlos 
     O'Kelly's at 4455 N. 27th. (ADOPTED, 7-0; A-79653.)

     Setting hearing date of Mon., Aug. 30, 1999 at 1:30 p.m. on the 
     Request of Dreamers, Inc. dba BJ's Hideaway for a change of location 
     for their Class C Liquor License from 5100 N. 48th to 5600
     Cornhusker. (ADOPTED, 7-0; A-79654.)

     Setting hearing date of Mon., Aug. 30, 1999 at 1:30 p.m. on the App. 
     of Carpcorp dba Libations Too for a Retail Class C Liquor License at 
     5310 S. 56th, Suite 1. (ADOPTED, 7-0; A-79655.)

     Setting hearing date of Mon., Aug. 30, 1999 at 1:30 p.m. on the App. 
     of B & R Stores, Inc dba Super Saver #7 for a Retail Class D Liquor 
     License at 7155 S. 27th. (ADOPTED, 7-0; A-79656.)

     App. of Husker Power Club, Inc. of 100 W. Stadium, Lincoln, to conduct 
     a Raffle within the City of Lincoln for the period of 9/9/99 to 
     10/9/99. (HEARING DATE SET FOR MON., AUG. 23, 1999, AT 1:30 P.M., 7-0.)

     Final Return Report from City Treasurer of Telecomm. Occ. Tax due for 
     the month of June, 1999 from Telegroup, Inc. (PLACED ON FILE)

     UNL Microbiologist Report of water tested for the month of July, 1999. 
     (PLACED ON FILE)

     Report from City Treasurer of City Cash on hand at the close of 
     business on 7/31/99. (PLACED ON FILE)

City Council Agenda History