Council Seal
City of Lincoln
City Council
Agenda

              ACTION For The Regular City Council Meeting Held
                Monday, Aug. 23, 1999 At 1:30 p.m.


NOTE:  REGULAR CITY COUNCIL MEETING OF MONDAY, AUGUST 30, 1999
WILL BEGIN AT 1:30 P.M.

PUBLIC HEARING LIQUOR LICENSES

 1)            App. of Cat Inc. dba Prime Time for a liquor catering 
               license at 227 N. 9th St.  
               (ADOPTED FOR APPROVAL, 7-0; A-79658)

 2)            Man. App. of Debra Northup for C.R. Corp. dba T & C Lounge 
               at 3245 Cornhusker Hwy. (ADOPTED FOR APPROVAL, 7-0; A-79659)
          

PUBLIC HEARING ORDINANCES - 2ND READING   
(ITEM 3 HAD 2ND READING)

 3)  99-97     Renaming Hwy. #77 as "Homestead Expressway" from I-80 to its 
               intersection with Hwy. 136 including a portion of S. 12th 
               St. & Salt Valley Rdwy. 

PUBLIC HEARING ORDINANCES - 3RD READING

 4)  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)  (8/16/99 - Cont.
               Public Hearing w/3rd Reading to 8/23/99) (PASSED, 5-2;
               MCROY & COOK DISSENTING; #17542)

PUBLIC HEARING - RESOLUTIONS

 5)            App. of Husker Power Club, Inc. to conduct a raffle within 
               the City of Lincoln from Sept. 9, 1999 through Oct. 9, 1999.
               (ADOPTED, 7-0; A-79660)

 6)  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) 
               (ADOPTED, 5-2; MCROY & COOK DISSENTING; A-79661)


 7)  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) 
               (ADOPTED, 7-0; A-79662)

 8)  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) 
               (ADOPTED, 7-0; A-79663)

 9)  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) 
               (ADOPTED, 7-0; A-79664)
          
10)  99R-225   Pre-Existing Use Permit 3Y - App. of Ameritas Life Insurance 
               to expand the parking & modify the existing 50 foot front 
               yard setback along N. Cotner Blvd., generally located at 
               "O" St. & N. Cotner Blvd. (ADOPTED, 7-0; A-79665)

11)  99R-226   Approving the use of public right-of-way by the Burkholder 
               Project for a front entry ramp at 719 P St. 
               (ADOPTED, 7-0; A-79666)

12)  99R-227   Revising the sanitary landfill rates by increasing the 
               landfill rate from $16.00/ton to $17.00/ton & adjusting the 
               minimum fee for refuse trucks & trailers. 
               (ADOPTED, 7-0; A-79667)

13)  99R-228   Adopting the City of Lincoln 99/00 Annual Operating Budget. 
               (AMENDED TO ADD SCHEDULE #7, 7-0; ADOPTED, 7-0; A-79668)

PETITIONS & COMMUNICATIONS

14)   MISCELLANEOUS REFERRALS

REPORTS OF CITY OFFICERS

15)            Clerk's Letter &  Mayor's Approval of Ordinances & 
               Resolutions passed on Aug. 9, 1999. (PLACED ON FILE)

16)            Mayor Don Wesely veto and veto message of Ordinance No.
               17540 (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 and 
               extending the Original Board appointments by one year.)
               which City Council passed on Mon,., Aug. 16, 1999. 
               (MOTION TO OVERRIDE VETO FAILED, 4-3; COOK, MCROY, SENG
               DISSENTING(NEED 5 VOTES TO OVERRIDE):  RECONSIDERED ORD.
               NO. 17540 W/PUB. HEARING ON 8/30/99, 4-3; COOK, MCROY, SENG
               DISSENTING)

17)            Request of Public Works to set the Hearing Date of Mon., 
               Sept. 13, 1999 at 1:30 p.m. and place on the formal City 
               Council Agenda the following:
               99-102    To provide authority to create a Sewer Dist. 
                         between a point in 7th St. located approx. 250' 
                         north of Ogden Rd and a point in 10th St. located
                         approx. 650' north of  Superior St.
               (TO HAVE HEARING MON., SEPT. 13, 1999 AT 1:30 P.M., 7-0)

18)            Investment of Funds. (ADOPTED, 7-0; A-79673)

19)            Report from City Treasurer of Telecomm. Occ. Tax due as 
               follows: MAY, 1999: AirTime SMR; JUNE, 1999: AirTime SMR;
               JULY, 1999: Winstar, One Call, Operator Comm. 
               (PLACED ON FILE)

ORDINANCES - 1ST READING (ITEMS 20 THRU 23 HAD 1ST READING)

20)  99-98     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.
               (In connection 2/99R-231)

21)  99-99     Change of Zone 3178 - App. of Ridge Place Ltd., Ridge 
               Development Co., & Southview Inc. for a change from AG
               Agricultural, R-3 Residential, & R-4 Residential to B-2 
               Planned Neighborhood Business, R-3 Residential, & R-4
               Residential on property generally located on the north side
               of Yankee Hill Rd. from S. 27th St. to approx. S. 34th St.

22)  99-100    Change of Zone 3194 - Amending Chapter 27.80 of the LMC to 
               increase filing fees for land development & zoning actions,
               related to Changes of Zone, Planned Unit Developments, Use 
               Permits, Community Unit Plans, Mobile Home Courts & Mobile 
               Home Subdivisions, Special Permits, Administrative
               Amendments, Appeals to the Board of Zoning Appeal, Height 
               Permits in the Airport Zoning, Parking, Changes in Text, 
               Subdivision Promotion Activity Permits, & General Fees.
               (In connection w/99-101)

23)  99-101    Amending Chapter 26.11 of the LMC to increase filing fees 
               for land development & subdivision actions relating to 
               Administrative Plats, Preliminary Plats, Final Plats, &
               Survey Errors. (In connection w/99-100)

ORDINANCES - 3RD READING

24)  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. (PASSED, 7-0; #17543)

25)  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. 
               (PLACED ON PENDING FOR 6 MONTHS, 7-0)

26)  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) (PASSED, 7-0; #17544)

27)  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) 
               (ADOPTED, 7-0; A-79674)

28)  99R-214   Accepting & approving the Pre. Plat of Hartland Homes 
               Northwest 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)  
               (ADOPTED, 7-0; A-79675)

29)  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. 
               (PASSED, 7-0; #17545)

PENDING LIST     (EXTENDED FOR ONE WEEK)

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)  99-23     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)

39)  99-24     Creating Sewer Dist. 1172 from a point located 150' south-
               west 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)

40)  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)

41)  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) (REMOVED FROM PENDING FOR 3RD READING W/P.H.
               & ACTION ON 9/7/99 AT 6:30 P.M., 7-0)

42)  99R-134   Approving a recommendation that the Mayor amend Admini-
               strative 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)

43)  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)

44)  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)

45)  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) (REMOVED FROM PENDING FOR
               ACTION ON 8/30/99, 7-0)

46)  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) (REMOVED FROM PENDING FOR ACTION ON 8/30/99, 7-0) 

47)  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)

48)  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 30, 1999.APPROVED, 7-0

49)  99R-230   Special Permit 1785 - App. of Vichol Chinsomboom to sell 
               alcoholic beverages for consumption on the premises at the 
               Great Scott's Food Court generally located at 3111 N.W. 
               12th St.

50)  99R-231   Use Permit 121 - App. of Lincoln Land & Mortgage Co. to 
               develop a 24,300 sq. ft. medical office building on property
               generally located at S. 77th St. & Pioneers Blvd. (Appeal of
               the Planning Commission Action). (In connection w/99-98)

51)  99R-232   Accepting the report of new & pending tort claims against 
               the City & approving disposition of claims set forth therein
               for the period of August 1 thru 15, 1999. 

52)  99R-233   Approving the appointment of Marc Wullschleger as the 
               Director of Urban Development effective Sept. 7, 1999.


53)  99R-241   Intention to buy property at 8th and H Street.  (RULES
               SUSPENDED TO HAVE INTRODUCTION,  PUBLIC HEARING & ACTION
               ON 8/30/99, 6-0; FORTENBERRY ABSENT)

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    4:52 P.M.

UPCOMING HEARINGS

     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. 

     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. 

     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. 

     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.

14)  MISCELLANEOUS REFERRALS
     
     Report from City Treasurer for Telecommunication Occ. Tax due as 
     follows: MAY, 1999:  Airtime SMR; JUNE, 1999:  Airtime, 
     Inc.; JULY, 1999:  Aliant, Estia Comm.,  Utili Corp United, 
     Winstar, One Call Comm., Operator Comm. (PLACED ON FILE)

     Setting Hearing Date of Tues., Sept. 7, 1999 at 6:30 p.m. on the App. 
     of Maria G. Rico dba "Rico's  Mexican Restaurant" for a Retail Class 
     "I" Liquor License at 6112 Havelock Ave.  (ADOPTED, 7-0; A-79669)

     Setting Hearing Date of Tues., Sept. 7, 1999 at 6:30 p.m. on the App. 
     of Hy Vee, Inc. dba "Hy Vee Foodstore #1" for a Liquor Catering 
     License at 6919 "O". (ADOPTED, 7-0; A-79670)

     Setting Hearing Date of Tues., Sept. 7, 1999 at 6:30 p.m. on the Man.
     App. of David J. McCleery for B & R Stores dba "Russ's Market" at 6300
     Havelock Ave. (ADOPTED, 7-0; A-79671)

     Setting Hearing Date of Tues., Sept. 7, 1999 at 6:30 p.m. on the App. 
     of SB Partners dba "Staybridge Suites" for a Retail Class "I" Liquor 
     License at 2701 Fletcher Ave.  (ADOPTED, 7-0; A-79672)

City Council Agenda History