Council Seal
City of Lincoln
City Council
Agenda

             Action From The Regular City Council Meeting Held
                       Tuesday, Sept. 7, 1999 At 6:30 p.m.

                    ALL PRESENT EXCEPT SHOECRAFT.

PUBLIC HEARING LIQUOR LICENSES

 1)            App. of Maria G. Rico dba Rico's Mexican Restaurant for a 
               Class I liquor license at 6112 Havelock Ave. 
               (ADOPTED FOR APPROVAL, 6-0; A-79699.)

 2)            App. of Hy Vee Inc. dba Hy Vee Food Store #1 for a 
               liquor catering license at 6919 O St. 
               (ADOPTED FOR APPROVAL, 6-0; A-79700.)

 3)            Man. App. of David J. McCleery for B & R Stores Inc. dba
               Russ's Market at 6300 Havelock Ave. 
               (ADOPTED FOR APPROVAL, 6-0; A-79701.)

 4)            App. of SB Partners dba Staybridge Suites for a Class I 
               liquor license at 2701 Fletcher Ave. 
               (ADOPTED FOR APPROVAL, 6-0; A-79702.)

 5)            App. of Shilar Inc. dba Speakeasy for a SDL covering an area
               measuring 62' by 88' in the parking lot at 3233 ½ S. 
               13th St. on Sept. 17, 1999 from 6:00 p.m. to 12:30 a.m. 
               (ADOPTED FOR APPROVAL, 6-0; A-79703.)

PUBLIC HEARING ORDINANCES - 2ND READING (ITEMS 6 THRU 10 HAD 
PUBLIC HEARING.)

 6)  99-103    Annexing approx. 340.23 acres of property generally located 
               between Old Cheney Rd. & Pine Lake Rd. west of S. 98th St.
               (In connection w/99-104, 99R-234, 99R-235, 99R-236) 
               (PUB. HEARING CONT'D w/3RD READING TO 9/13/99, 6-0.)

 7)  99-104    Change of Zone 3168 - App. of Hampton Development Services 
               for a change from AG Agricultural to R-3 Residential on 
               property generally located between Old Cheney Rd. & Pine
               Lake Rd. west of S. 98th St.  (In connection w/99-103,
               99R-234, 99R-235, 99R-236) 
               (PUB. HEARING CONT'D w/3RD READING TO 9/13/99, 6-0.)

 8)  99-105    Annexing approx. 19.12 acres of property generally located 
               at the southeast corner of 84th & Holdrege Sts.  (In 
               connection w/99-106, 99R-237, 99R-238, 99R-239) 
               (PUB. HEARING CONT'D w/3RD READING TO 9/13/99, 6-0.)

 9)  99-106    Change of Zone 3171 - App. of Hoegemeyer Palmer Construction
               for a change from AG Agricultural to R-3 Residential & O-3 
               Office Park on property generally located at the southeast 
               corner of 84th & Holdrege Sts.  (In connection w/99-105, 
               99R-237, 99R-238, 99R-239) 
               (PUB. HEARING CONT'D w/3RD READING TO 9/13/99, 6-0.)

10)  99-107    Amending pay schedules of employees whose classifications 
               are assigned to the pay range prefixed by the letter "A" 
               by creating the job classification of Assist-ant Public 
               Health Epidemiologist. 

PUBLIC HEARING ORDINANCES - 3RD READING

11)  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. 
               Vacating the alley north of W. C St. & west of SW 1st St.
               (4/26/99 - Placed on Pending) (8/23/99 - Removed from
               Pending for 3rd Reading w/Pub. Hearing & Action on  9/7/99)
               (2NDSUB. ORD. ACCEPTED, 6-0; PLACED ON PENDING, 6-0.)

PUBLIC HEARING - RESOLUTIONS

12)  99R-234   Comp. Plan Amendment 94-34 - Amending the 1994 Comp. Plan 
               to extend the Future Service Limits to the east; convert 
               the area from Phase II to Phase I; & convert the area from 
               Agricultural to Urban Residential, on property generally
               located between Old Cheney Rd. & Pine Lake Rd. west of S. 
               98th St.  (In connection w/99-103, 99-104, 99R-235, 99R-236)
               (PUB. HEARING CONT'D & ACTION DELAYED FOR 1 WEEK TO
               9/13/99, 6-0.)

13)  99R-235   Special Permit 1762 - App. of Hampton Development Services 
               to develop Vintage Heights 2nd C.U.P. consisting of 392 
               multiple family dwelling units, 170 two-family dwelling 
               units, 24 three-family dwelling units, 15 acreage single
               family dwelling units, & 360 single family lots, on 
               property generally located between Old Cheney Rd. & Pine 
               Lake Rd. west of S. 98th St.  (In connection w/99-103, 
               99-104, 99R-234, 99R-236) (PUB. HEARING CONT'D & ACTION
               DELAYED FOR 1 WEEK TO 9/13/99, 6-0.)

14)  99R-236   Accepting & approving the Pre. Plat of Vintage Heights 2nd 
               Add. on property generally located between Old Cheney Rd. &
               Pine Lake Rd. west of S. 98th St. & waiving the design 
               standards requiring a low flow liner in Antelope Creek,
               curb & gutters along S. 98th St. & Pine Lake Rd., & the
               1,320 block length requirement.  (In connection w/99-103,
               99-104, 99R-234, 99R-235) (PUB. HEARING CONT'D & ACTION
               DELAYED FOR 1 WEEK TO 9/13/99, 6-0.)

15)  99R-237   Comp. Plan Amendment 94-35 - Amending the 1994 Comp. Plan to
               extend the Future Service Limits & to change the future land
               use from Public/Semi-Public to Urban Residential & 
               Commercial, on property generally located at the southeast
               corner of 84th & Holdrege Sts.  (In connection w/99-105, 
               99-106, 99R-238, 99R-239) (PUB. HEARING CONT'D & ACTION
               DELAYED FOR 1 WEEK TO 9/13/99, 6-0.)

16)  99R-238   Accepting & approving the Pre. Plat of Eagle Crest on 
               property generally located at the southeast corner of 84th
               & Holdrege Sts. & a waiver of the requirement of LMC 
               §26.11.020 that the use permit accompanying the
               filing of the Pre. Plat in order to allow the Use Permit 
               to be submitted at a later date.  (In connection w/99-105,
               99-106, 99R-237, 99R-239) (PUB. HEARING CONT'D & ACTION
               DELAYED FOR 1 WEEK TO 9/13/99, 6-0.)

17)  99R-239   Approving an Annexation Agrmt. between the City & Hoegemeyer
               Palmer Construction & Southeast Rural Fire Dept. with regard
               to the annexation of approx. 19.12 acres of land generally 
               located at N. 84th & Holdrege Sts.  (In connection w/99-105,
               99-106, 99R-237, 99R-238) (PUB. HEARING CONT'D & ACTION
               DELAYED FOR 1 WEEK TO 9/13/99, 6-0.)

18)  99R-240   Approving an Interlocal Agrmt. between the City & County
               re-establishing a joint Data Processing Division to include
               the Information Services Division, the Information Services
               Policy Committee, the Government Access & Information
               Committee, the Criminal Justice & Information System, & the 
               Geographic Information System Advisory Committee. 
               (ADOPTED, 6-0; A-79704.)

19)  99R-242   Resolution of Support for a joint project between the City 
               Parks Dept. & LPS (Southeast High School) for the 
               development & construction of a challenge play-ground in 
               Antelope Park. (ADOPTED, 6-0; A-79705.)

REQUEST SUSPENSION OF COUNCIL RULES SO THE FOLLOWING RESOLUTIONS CAN 
HAVE INTRODUCTION, PUBLIC HEARING & ACTION ON TUES., SEPT. 7, 1999:
(APPROVED, 6-0.)

20)  99R-254   Appointing Patte Newman to the Lincoln-Lancaster County 
               Planning Commission for a 6-yr. term to expire 8/24/2005.
               (ADOPTED, 6-0; A-79706.)

21)  99R-255   Appointing Linda Hunter to the Lincoln-Lancaster County 
               Planning Commission for a 6-yr. term to expire 8/24/2005.
               (ADOPTED, 6-0; A-79707.)

22)  99R-256   Appointing Thomas "Tommy" Taylor to the Lincoln-Lancaster
               County Planning Commission for a 6-yr. term to expire 
               8/24/2005. (ADOPTED, 6-0; A-79708.)

23)  99R-257   Appointing Helen Boosalis to the Community Health Endowment 
               Board of Trustees for a 3-yr. term to expire 9/01/2002. 
               (ADOPTED, 6-0; A-79709.)

24)  99R-258   Appointing Shirley Marsh to the Community Health Endowment 
               Board of Trustees for a 3-yr. term to expire 9/01/2002. 
               (ADOPTED, 4-2; FORTENBERRY & JOHNSON DISSENTING; A-79710.)

25)  99R-259   Reappointing A. Mike Alesio to the Community Health 
               Endowment Board of Trustees for a 3-yr. term to expire 
               9/01/2002. (ADOPTED, 
6-0; A-79711.)

26)  99R-260   Reappointing Clay Smith to the Community Health Endowment
               Board of Trustees for a 3-yr. term to expire 9/01/2002. 
               (ADOPTED, 6-0; A-79712.)

PETITIONS & COMMUNICATIONS

27)   MISCELLANEOUS REFERRALS

REPORTS OF CITY OFFICERS

28)            Clerk's Letter &  Mayor's Approval of Ordinances & 
               Resolutions passed on Aug. 23, 1999. (PLACED ON FILE)

29)            Investment of Funds. (ADOPTED, 6-0; A-79715.)

30)            Affidavit of Mailing for Board of Equalization, Mon., Sept. 
               20, 1999, at 10:00 a.m. on the Board of Equalization Special
               Assessment Group II. (PLACED ON FILE)

31)            Reports from City Treasurer of Telecomm. Occ. Tax due for 
               the month of July, 1999 from:  Coast International, GTC 
               Telecom, AT&T Comms. of the Midwest, Sprint Spectrum, 
               Lincoln Celtelco, Sprint Comms., & Intellicall Operator
               Services. (PLACED ON FILE)

ORDINANCES - 1ST READING (ITEMS 32 & 33 HAD 1ST READING.)

32)  99-102    Creating Sewer Dist. 1173 from a point in 7th St. 
               located approx. 250' north of Ogden Rd. to a point in 10th
               St. located approx. 650' north of Superior St.

33)  99-109    Approving an Agrmt. between the City & Omaha Public Power
               Dist. to reduce summer electricity bills by pumping 
               additional water in off-peak hours between June 1 & Sept.
               15, between the hours of 10:00 p.m. & 11:00 a.m. with charge
               for energy use only & without a demand charge during the 
               above time frame.  
               (TO HAVE 2ND & 3RD READING ON 9/13/99, 6-0.)

ORDINANCES - 3RD READING

34)  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 w/99R-231) (PASSED, 6-0; #17546.)

35)  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)
               (8/30/99 - Action delayed to 9/7/99) (AMENDED, 6-0; ADOPTED,
               6-0; A-79716.)

36)  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. (PASSED, 6-0; #17547.)

37)  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) (PASSED, 6-0; #17548.)

38)  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)
               (PASSED, 6-0; #17549.)

PENDING LIST(EXTENDED ONEWEEK.)

39)  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)

40)  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)

41)  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)

42)  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)

43)  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)

44)  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)

45)  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)

46)  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)

47)  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)

48)  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)

49)  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)

50)  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)

51)  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)

52)  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)

53)  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)

54)  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.  (8/23/99 - Placed on Pending
               for 6 months)

55)  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.   
               (8/30/99 - Placed on Pending for 1 month)

WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC 
HEARING ON MONDAY, SEPTEMBER 13, 1999. (APPROVED, 6-0.)

56)  99R-243   Special Permit 1792 - App. of Valentino's to construct a 
               parking lot on property generally located at N. 35th & 
               Holdrege Sts.

57)  99R-244   Appointing Norm Hall to the Heating, Ventilating, & Cooling
               Examiners Board for a 3-yr. term expiring April 4, 2002.

58)  99R-247   Appointing Cathy Noth, Sarah Porto, & Roberta Stick to the 
               Lincoln-Lancaster Women's Commission for terms expiring 
               March 1, 2002, Jan. 1, 2001, & March 1, 2002 respectively.

59)  99R-248   Appointing Pamela Carmichael & Olga Sanchez to the Citizen 
               Police Advisory Board to fill unexpired terms expiring Nov.
               17, 2001 & Nov. 17, 2000 respectively.

60)  99R-249   Establishing & approving a connection fee for property 
               owners whose land is outside the preliminary plats of Regent
               Heights 1st Add. & Northern Lights Add. to connect to the 
               sanitary trunk sewer pursuant to the Conditional
               Annexation & Zoning Agrmt..

61)  99R-250   Accepting the report of new & pending tort claims against 
               the City & approving disposition of claims set forth therein
               for the period of Aug. 16 thru 31, 1999.

62)  99R-251   Approving the use of public right-of-way by Galaxy Telecom,
               L.P. for the installation of a fiber optic cable in 
               locations generally along 17th St. from L to Sewell Sts. & 
               along 48th St. from Randolph to Cotner Blvd.
               (REMOVED FROM INTRODUCTION, 6-0.)

63)  99R-252   Approving the use of public right-of-way by Level 3 
               Communications for the installation of a fiber optic cable 
               in 14th St. between Salt Creek & Cornhusker Hwy.

64)  99R-253   Special Permit 1780 - App. of John Jacox for authority to 
               sell alcoholic beverages for consumption off the premises 
               at 8401 W. O St. & rescinding Resolution A-79620.

ADJOURNMENT  9:06 P.M.

UPCOMING HEARINGS

     Hearing date of Mon., Sept. 13, 1999 at 1:30 p.m. on the App. of
     Whitehead Oil Co. dba U-Stop Convenience Shop for a Retail Class B & 
     K Liquor License at 6801 Wildcat Dr.

     Hearing Date of Mon., Sept. 13, 1999 at 1:30 p.m. on 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.

     Hearing Date of Mon., Sept. 20, 1999, at 10:00 a.m. on the Board of 
        Equalization Special Assessment Group II.

27)  MISCELLANEOUS REFERRALS
     
     Setting hearing date of Mon., Sept. 20, 1999 at 1:30 p.m. on the Man.
     App. of Thomas Baumert for Gas  N Shop, Inc. dba Gas  N Shop at 951 
     W. "O"St., 5560 S. 48th Suite #1, 2801 "O" St., & 3201 W. "O" St. 
     (ADOPTED, 6-0; A-79713.)

     Setting hearing date of Mon., Sept. 20, 1999 at 1:30 p.m. on the 
     Request of Mum's Classic Spirits, Inc. dba Mum's Liquor to transfer
     their Class D Liquor License from 841 N. 27th to 2202 "O" St. 
     (ADOPTED, 6-0; A-79714.)

     App. of Lincoln Hospital Assoc., 2300 S. 16th, Lincoln, to conduct
     lotteries within the City.  (HEARING DATE SET FOR MON., SEPT. 13,
     1999 AT 1:30 P.M., 6-0.)

     App. of Nebraska Credit Union League, Inc. of 11904 Arbor St., Omaha,
     to conduct a Raffle within the City. (HEARING DATE SET FOR MON.,
     SEPT. 13, 1999 AT 1:30 P.M., 6-0.)

     Lincoln Water & Wastewater System Recapitulation of Daily Cash 
     Receipts for Aug., 1999.  (PLACED ON FILE)

     Petition to Vacate Public Way in 60th St. south of Seward Ave. ½ 
     block signed by Randy Hartshorn. (REFERRED TO LAW DEPT.)

     Reports from City Treasurer of Telecomm. Occ. Tax due as follows: 
     April, 1999:  Nebraska Radio Telephone Systems; July, 1999:
     Excel Telecomm., MCI Telecomm., Phoenix Network, Eclipse Telecomms.,
     McLeod USATelecomms., Calls for Less, IBM Global Services, Comdata 
     Telecom, LCI International, Trans National, & Aliant Cellular.
     (PLACED ON FILE)

     Report on Mary H. Brown Irrevocable Trust #1 & #2 for period of 6/1/99
     through 8/31/99.  (PLACED ON FILE)

City Council Agenda History