Council Seal
City of Lincoln
City Council
Agenda

        ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD
             MONDAY, OCTOBER 25, 1999 AT 6:30 P.M.

         ALL MEMBERS PRESENT EXCEPT FORTENBERRY


PUBLIC HEARING
LIQUOR LICENSES

 1)       App. of TTM Inc. dba Mouse's Library for an addition to its Class
          C liquor license of an area approx. 50' by 53' to the south at 
          1644 P St.  (10/18/99 - Public Hearing Con. to 10/25/99) 
          (ADOPTED FOR APPROVAL, 6-0; A-79801)

 2)       App. of O'Fourteen, Inc. dba Woody's Pub for a Class C liquor
          license at 101 N. 14th St., #6. 
          (ADOPTED FOR APPROVAL, 6-0; A-79802)
   
 3)       Man. App. of Brian J. Linderman for O'Fourteen, Inc. dba Woody's
          Pub at 101 N. 14th St., #6. (ADOPTED FOR APPROVAL, 6-0; A-79803)

 4)       App. of Famous Dave's Ribs-U, Inc. dba Famous Dave's for a Class 
          I liquor license at 2750 Pine Lake Rd. 
          (ADOPTED FOR APPROVAL, 6-0; A-79804)

 5)       Man. App. of Jon Mackey for Famous Dave's Ribs-U, Inc. dba 
          Famous Dave's at 2750 Pine Lake Rd. (PLACED ON PENDING, 6-0)


PUBLIC HEARING ORDINANCES - 2ND READING   
(ITEMS 6 THRU 12  HAD PUBLIC HEARING.  SEE ITEM  #10)

 6)  99-121    Change of Zone 3162 - App. of David Chambers for a change 
               from R-3 Residential to AG Agricultural & from AG 
               Agricultural to R-3 Residential on property generally 
               located at NW 56th St. south of W. Adams St.  (In connection
               w/99-122, 99R-298, 99R-299, 99R-300, 99R-307)

 7)  99-122    Amending the corporate limits of the City by annexing 
               approx. 60 acres of property generally located at NW 56th 
               St. south of W. Adams St.  (In con-nection w/99-121, 
               99R-298, 99R-299, 99R-300, 99R-307)

 8)  99-123    Change of Zone 3174 - App. of Southview Inc. & Ridge 
               Development Co. for a change from R-3 Residential to B-2 
               Planned Neighborhood Business on property generally located 
               at N. 14th & Morton Sts.  (In connection w/99-124, 99R-301)

 9)  99-124    Change of Zone 3175 - App. of Southview Inc. & Ridge 
               Development Co. for a change from B-2 Planned Neighborhood 
               Business to R-3 Residential on property generally located 
               at N. 14th & Morton Sts.  (In connection w/99-123, 99R-301)

10)  99-125    Change of Zone 3205 - App. of Michael Benes for a Planned
               Unit Development for 31,500 sq. ft. of commercial space & a 
               change of zone from P Public to R-2 Residential PUD, from 
               I-1 Industrial to R-2 Residential PUD, P Public to I-1
               Industrial PUD, from I-1 Industrial to I-1 Industrial PUD, 
               & from R-2 Residen-tial to I-1 Industrial PUD on property 
               generally located at 722 Hill St. 
               (PUB. HEARING CONT. TO 11/1/99, 6-0)

11)  99-126    Vacating portions of "M", "N", & S. 8th Sts. between "M" &
               "N" Sts. on the west side of S. 8th St.

12)  99-127    Vacating a portion of the north-south alley generally 
               located between N. 49th & N. 50th Sts. & Madison & St. Paul 
               Avenues.


PUBLIC HEARING - RESOLUTIONS

13)            App. of Parish of North American Martyrs to conduct a raffle
               within the City of Lincoln from October 13, 1999 through 
               November 20, 1999. (ADOPTED, 6-0; A-79805)

14)  99R-296   Approving the distribution of funds representing interest 
               earnings on short-term investments of Idle Funds for the 
               fiscal year ending 8/31/99 (ADOPTED, 6-0; A-79806)

15)  99R-297   Approving the StarTran Rate Schedule for an increase of Ride
               N Shop fare from 37.5¢ to 40¢.  (ADOPTED, 6-0; A-79807)

16)  99R-298   Comp. Plan Amend. 94-39 - Amending the 1994 Comp. Plan to 
               extend the Future Service Limits & to change the future land 
               use from Agricultural to Urban Residential & from Urban 
               Residential to Agricultural, on property generally located 
               at N.W. 56th St. & W. Adams St. 
               (ACTION DELAYED ONE WEEK TO 11/1/99, 6-0)

17)  99R-299   Special Permit 1740 - App. of David Chambers to develop View
               Pointe West C.U.P. consisting of 178 single family dwelling 
               units & 140 multi-family dwelling units on property 
               generally located at N.W. 56th St. & W. Adams St. 
               (ACTION DELAYED ONE WEEK TO 11/1/99, 6-0)

18)  99R-300   Accepting & approving the Pre. Plat of View Pointe West on
               property generally located at N.W. 56th St. south of W. 
               Adams St., & waiving the requirements for street paving for 
               N.W. 56th St., block length to exceed 1.320', & a low 
               flow liner requirement. 
               (ACTION DELAYED ONE WEEK TO 11/1/99, 6-0)

19)  99R-307   Approving an annexation agreement between the City & David 
               Chambers with regard to the annexation of approximately 60 
               acres of land generally located at N.W. 56th St. south of 
               W. Adams St. (ACTION DELAYED FOR ONE WEEK TO 11/1/99, 6-0)

20)  99R-301   Accepting & approving the Pre. Plat of North Hills on 
               property generally located at N. 14th & Morton Sts., & a 
               waiver of the design standards to permit block length to 
               exceed 1200', allowing large medians for cul-de-sacs, 
               requiring an outlot to front upon a street, & a low flow 
               liner requirement. 
               (ACTION DELAYED FOR ONE WEEK TO 11/1/99, 6-0)

21)  99R-302   Accepting & approving the Pre. Plat of High Pointe North 
               Commercial Center on property generally located at N. 27th
               St. & Wildcat Dr. (ADOPTED, 6-0; A-79808)

22)  99R-303   Waiving the subdivision requirement for a 3 to 1 depth to 
               width ratio for Lot 2, Ernst Subdivision, generally located
               on the east side of S. 112th St., ½ mile south of "O" St.
               (ADOPTED, 6-0; A-79809)

23)  99R-304   Waiving the design standards in Hendrick's 3rd Add. for 
               installation of sidewalks, street trees, & the 3 to 1 depth 
               to width ratio on property generally located on the south 
               side of Cornhusker Hwy. & west side of S. 70th St.  
               (ADOPTED, 6-0; A-79810)

24)  99R-305   Special Permit 277F - App. of Richard Penn to amend the Pine
               Lake C.U.P. to allow a reduction in the side yard setback 
               from 15' to 10', on property generally located on Perry 
               Cir. in Pine Lake 4th Add.. (ADOPTED, 6-0; A-79811)

25)  99R-306   Special Permit 1801 - App. of Robert L. Frerichs for 
               authority to sell alcoholic beverages for consumption off 
               the premises at 2633 Randolph St.  
               (AMENDED, 6-0;  LOST, 0-6; #38-4317)

26)  99R-308   Approving a 3-yr. Financial Consulting Service Agrmt. 
               between the City & Ameritas Investment Corp. 
               (ADOPTED, 6-0; A-79812)

27)  99R-309   Assessing premise clearance costs associated with the 
               clearing of public nuisances to the following benefitted 
               properties: 4419 Cleveland, 4342 Madison, 2827 U, 815-817
               Plum, 3435 R, 4009 Everett, 4806 W. Benton, 3092 T, 621 N.
               70th, 727 C, 6421 Holdrege, 5335 Stockwell, 1321 S. 27th. 
               (ADOPTED, 6-0; A-79813)


PETITIONS & COMMUNICATIONS

28)   MISCELLANEOUS REFERRALS

REPORTS OF CITY OFFICERS

29)            Clerk's Letter &  Mayor's Approval of Ordinances & 
               Resolutions passed on Oct. 11, 1999. (PLACED ON FILE)

30)            Investment of Funds. (ADOPTED, 6-0; A-79817)

31)            Report from City Treasurer of Cash on Hand at the close of
               business Sept. 30, 1999. (PLACED ON FILE)

32)            Report of City Treasurer of Telecomm. Occ. Tax due for the 
               month of July, 1999: Airtime SMR, AmeriVision, Opex; Aug.,
               1999: Airtime SMR, AmeriVision, Opex; Sept., 1999:
               Airtime SMR, AmeriVision, Opex; Oct., 1999: Destia,
               Western Union, Intellicall, Winstar Wireless, Frontier, 
               Operator Comm.  (PLACED ON FILE)

ORDINANCES - 1ST READING (ITEMS 33 THRU 35 HAD 1ST READING)

33)  99-128    Amending the corporate limits of the City by annexing 
               approximately 40 acres of property generally located at S. 
               Coddington Ave. & W. Van Dorn St.  (In connection w/99R-312)

34)  99-129    Change of Zone 3134A - App. of Judy Fricke to amend the 
               Willow Springs P.U.D. to reduce the side yard from 10' to 
               5' in the area zoned R-1, on property generally located at
               S. 78th St. & Pioneers Blvd.

35)  99-130    Change of Zone 67HP - App. of Sigma Chapter House of Kappa 
               Kappa Gamma Sorority for a landmark designation for the 
               Kappa Kappa Gamma Sorority House at 616 N. 16th St.

ORDINANCES - 3RD READING

36)  99-118    Amending Chapter 9.44 of the LMC to allow the sale & use of 
               fireworks for the year 2000 celebration. (AMENDED, 6-0;
               PASSED AS AMENDED, 6-0; #17563)

37)  99-119    Approving a 50-year Easement Agrmt. between the City & the 
               Dept. of the Army on the Ashland-Army National Guard Camp 
               property in Saunders County, Nebraska. 
               (PASSED, 6-0; #17564)

38)  99-120    Vacating the westerly 25' of N. 8th St. lying between P & Q 
               Sts. & the south 8' of Q St. adjacent to Lot 1, Candy 
               Factory Subdivision. (PLACED ON PENDING, 4-2; JOHNSON &
               SHOECRAFT DISSENTING)


PENDING LIST   (EXTENDED 1 WEEK.  SEE ITEMS 41, 47, 48, 49, 56, 57, 58)

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)  (10/18/99 - Re-Scheduled 
               for Pub. Hearing & 3rd Reading on 11/1/99) (REMOVED FROM
               PENDING TO HAVE PUB. HEARING & 3RD READING ON 11/1/99, 6-0)

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) 
               (REMOVED FROM PENDING TO HAVE 3RD READING ON 11/1/99, 6-0)

48)  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)  
               (REMOVED FROM PENDING TO HAVE 3RD READING ON 11/1/99, 6-0)

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) (REMOVED FROM PENDING TO HAVE 3RD READING ON
               11/1/99, 6-0)

50)  99R-134   Approving a recommendation that the Mayor amend Administra-
               tive Regulation #9 to allow for t he creation & implementa-
               tion 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)  98-104    Vacating the alley north of W. C St. & west of SW 1st St.
               (9/7/99 - 2nd Sub. Ord. Accepted.  Placed on Pending)

56)  99-113    Amending pay schedules of employees whose classifications 
               are assigned to the pay range prefixed by the letter "C" by 
               creating the job classifications of "Associate Engineering 
               Specialist" & "Engineering Specialist" & amending pay 
               schedules of employees whose classifications are assigned 
               to the pay range pre-fixed by the letter "A" by adding the
               job classification of "Senior Engineering Specialist."  
               (10/4/99 - Placed on Pending) (REMOVED FROM PENDING TO HAVE
               3RD READING ON 11/1/99, 6-0)


57)  99-114    Amending pay schedules of employees whose classifications
               are assigned to the pay range prefixed by the letter "M" by
               creating the job classifications of "Associate Engineering,"
               "Engineer," & "Senior Engineer."  (10/4/99 - Placed on
               Pending) (REMOVED FROM PENDING TO HAVE 3RD READING ON
               11/1/99, 6-0)

58)  99R-287   Use Permit 56E - App. of Kieffer & Co., Inc. to amend Use 
               Permit 56 to allow a 265.3 sq. ft. pole sign on property 
               generally located at the northeast corner of the intersection
               of N. 27th St. & Cornhusker Hwy.  (10/11/99 - Placed on
               Pending until 11/1/99 for Pub. Hearing & Action) 
               (REMOVED FROM PENDING TO HAVE PUB. HEARING & 3RD READING ON
               11/1/99, 6-0)

59)  99R-289   Comp. Plan Amendment 94-38 - App. of the Planning Director 
               to incorporate the Beal Slough Basin Stormwater Master Plan
               by reference as an approved component of the Comprehensive 
               Plan.  (10/11/99 - Placed on Pending)

60)  99-116    Change of Zone 3208 - App. of the Planning Director to delete
               the 50' Building Line Dist. along the north side of Pioneers
               Blvd. abutting Lot 2, Brockemeyer Add., generally located at
               S. 84th St. & Pioneers Blvd.  (10/18/99 - Placed on Pending)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC 
HEARING ON MONDAY, NOVEMBER 1, 1999. APPROVED, 6-0


61)  99R-310   Appointing Pat Egan to the Auditorium Advisory Board to 
               fill an unexpired term expiring August 31, 2002.

62)  99R-311   Appointing Karen Hand to the Parks & Recreation Advisory 
               Board to fill an unexpired term expiring April 27, 2001.

63)  99R-312   Accepting & approving the Pre. Plat of Lee's Place 
               consisting of 131 single family dwelling units & two outlots 
               on property generally located at S. Coddington Ave. & W.
               Van Dorn St.  (In  connection w/99-128)

64)  99R-313   Special Permit No. 1795 - App. of Sprint PCS to construct an
               85' monopole telecommunications tower adjacent to an 
               existing sand elevator on property generally located at 923
               N. 23rd St. (Appeal of Sprint PCS from Planning Commission
               condition).  

65)  99R-314   Use Permit 116 - App. of Northern Lights, L.L.C. & Clayton 
               Yeutter to construct 216,000 sq. ft. of commercial space on
               property generally located at N. 84th & Holdrege Sts. 
               (In connection w/99R-315)

66)  99R-315   Accepting & approving the Pre. Plat of Northern Lights 
               Commercial Center consisting of 23 commercial lots & one 
               outlot on property generally located at N. 84th & Holdrege
               Sts.  (In connection w/99R-314)

67)  99R-316   Accepting the report of new & pending tort claims against 
               the City & approving disposition of claims set forth therein
               for the period of Oct. 1 through 15, 1999.

68)  99R-317   Approving an Agreement. between the Lincoln Area Agency on 
               Aging & the  Seniors Foundation under which the Foundation 
               will assist the Agency by providing fundraising services & 
               support for various senior programs.

69)  99R-318   Approving the official intent of the City, pursuant to IRS
               code, to reimburse the costs of constructing certain improve-
               ments to the City's Solid Waste Management & Disposal System
               by issuing solid waste management revenue bonds.


ADJOURNMENT   9:06 P.M.

UPCOMING HEARINGS

     Hearing date of Mon., Nov. 1, 1999, at 1:300 p.m. on the App. of 
     Lincoln Firefighters Local #644 Reception Hall LLC for a Retail 
     Class I Liquor License at 241 Applecreek Rd.

     Hearing date of Mon., Nov. 1, 1999, at 1:30 p.m. on the App. of Sushi
     Factory, Inc. dba Sushi Factory for a Retail Class I Liquor License 
     at 239 N. 14th St.

     Hearing date of Mon., Nov. 8, 1999, at 10:00 a.m. on the Board of
     Equalization Meeting for Downtown Core, Perimeter Management & 
     Enhancement Dists. & Downtown Maintenance Dist. (requires  motion)

28)  MISCELLANEOUS REFERRALS
     
     Setting hearing date of Mon., Nov. 8, 1999, at 1:30 p.m. on the 
     request of Benicio Lobo dba "Prisa Mexican Market" to transfer 
     their liquor license location from 1235 F Street to 1037 L
     Street. (ADOPTED, 6-0; A-79814)

     Setting hearing date of Mon., Nov. 8, 1999, at 1:30 p.m. on the 
     request of Empire Restaurants, Inc., Gen. Ptnr. dba "TGI  
     Friday's" for an addition of their licensed premise at
     210 N. 48th Street. (ADOPTED, 6-0; A-79815)

     Setting hearing date of Mon., Nov. 8, 1999 at 1:30 p.m. on the 
     Man. App. of Larry J. Mackey for "Lone Star Steakhouse & Saloon"
     at 200 N. 70th. (ADOPTED, 6-0; A-79816)

     Report from City Treasurer of Telecommunication Occupation Tax 
     due for the months of July, Aug., 1999: Touch 1 Comm.; Sept., 
     1999:  Touch 1 Comm., Sprint, D & D, Long Distance of Michigan,
     Nextlink, Stormtel, Tri-M, GTC, Incomnet, RSL Com USA, Equality,
     Affinity, Phoenix, UniDial, NOS, Globalcom, Worldtel, Network,
     Business Telecom., Inacom, Glyphics, GST, Global, LDM; Oct. 1999:
     Nosva. (PLACED ON FILE)

     Report from City Treasurer of Franchise Tax for the month of 
     Sept., 1999 from UtiliCorp. United Gas Co. (PLACED ON FILE)

     Affidavit of mailing for Board of Equalization meeting for 
     Downtown Core and Perimeter Management & Enhancement Dists. & 
     Downtown Maintenance Dist. (PLACED ON FILE)


City Council Agenda History