Council Seal
City of Lincoln
City Council
Agenda

             ACTION For The Regular City Council Meeting Held
                  Monday, November 8, 1999 At 1:30 p.m.


  NOTE: MON., NOV. 22, 1999 WILL BE THE CITY COUNCIL 6:30 P.M. MEETING


PUBLIC HEARING
LIQUOR LICENSES


 1)            App. of Lincoln Firefighters Local #644 Reception Hall, 
               L.L.C. for a Class I liquor license at 241 Applecreek Rd.
               (ADOPTED ON CONDITIONAL APPROVAL, 7-0; A-79836)
 
 2)            Man. App. of Ormand Bernard Plautz for Lincoln Firefighters
               Local #644 Reception Hall, L.L.C. at 241 Applecreek Rd.
               (ADOPTED FOR APPROVAL, 7-0; A-79837)

 3)            App. of Empire Restaurants Inc. dba TGI Friday's to expand 
               their existing Class I liquor license by the addition of an
               area approx. 15' by 45' to the north at 210 N. 48th St. 
               (ADOPTED FOR APPROVAL, 7-0; A-79838)

 4)            App. of Benicio Lobo dba Prisa Mexican Market for a change 
               of location of their existing Class B liquor license from 
               1235 F St. to 1037 L St. (ADOPTED FOR APPROVAL, 7-0; A-79839)

 5)            Request of Benicio Lobo dba "Prisa Mexican Market for a 
               grant of permission for the licensed premises at 1237 "F"
               remain closed longer than ten consecutive days as set forth
               in the LMC 5.04.270 for a period commencing Nov. 11, 1999
               until Dec. 1, 1999 or until such time as the final necessary
               inspections are completed and the liquor license is issued 
               for the new location at 1037 "L". (APPROVED, 7-0)

 6)            Man. App. of Larry J. Mackey for Lone Star Steakhouse & 
               Saloon at 200 N. 70th. (ADOPTED FOR APPROVAL, 7-0; A-79840)


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

 7)  99-131    Change of Zone 3211 - App. of McDonald's Corp. to amend 
               §27.69.240 of the LMC to increase the area of menu 
               board signs.

 8)  99-132    Amending the corporate limits of the City by annexing 
               approx. 10 acres of property generally located 1/3 mile
               south of 84th & Old Cheney Rd.


 9)  99-133    Amending Chapter 9.16 of the LMC by adding a new section
               numbered 9.16.185 to make it unlawful for any person to 
               intentionally, knowingly, or recklessly spit or expectorate
               upon another person.

10)  99-134    Amending §2.04.020 of the LMC to prohibit the use of 
               any mobile, portable, or wireless communication device in 
               any meeting of the City Council.


PUBLIC HEARING - ORDINANCE - 3RD READING

11)  99-125    Change of Zone 3205 - App. of Michael Benes for a P.U.D. for
               31,500 sq. ft. of commercial space & a change 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 Residential to
               I-1 Industrial PUD on property generally located at 722 Hill
               St. (AMENDED, 7-0; 2ND AMENDMENT, 7-0; PASSED, 7-0; #17572)

PUBLIC HEARING - RESOLUTIONS

12)  99R-324   Adopting the Lincoln Electric System Annual Operating & 
               Capital Improvements Budget for calendar year 2000. 
               (ACTION DELAYED TO 11/22/99, 7-0.)

13)  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). (AMENDED, 6-1; JOHNSON DISSENTING; ADOPTED,
               7-0; A-79841)

14)  99R-319   Special Permit 277G - App. of Sprint PCS to amend the Pine 
               Lake CUP to show wireless telecommunications antennae on an
               existing water tower & to allow associated ground equipment
               on property generally located at S. 84th St. & Pine Lake Rd.
               (ADOPTED, 7-0; A-79842)

15)  99R-320   Waiving the design standard conditions for the installation
               of sidewalks & street trees along the south side of W. "O" 
               St. & the west side of SW 27th St. in the Admin. Final Plat
               of U.S. Xpress Add. (ACTION DELAYED ONE WEEK TO
               11/15/99; 7-0; RECONSIDERED, 7-0; ADOPTED, 7-0; A-79843)

16)  99R-321   Waiving the design standard condition for the installation
               of the sidewalk in the pedestrian way easement in the Autumn
               Ridge 4th Add. final plat, on property generally located at 
               the east end of Atwood Cir. off of N. 23rd St. 
               (ADOPTED, 7-0; A-79844)

17)  99R-322   Approving the 1999-2000 Supplemental Work Plan to the Inter-
               local Agrmt. between the City & the Lower Platte South N.R.D.
               which established a division of responsibilities for 
               addressing stormwater quality & quantity in the City. 
               (ADOPTED, 7-0; A-79845)

18)  99R-325   Establishing the Post Employment Health Plan for non-
               represented employees in pay ranges prefixed by "M", "E", &
               "DSS". (ADOPTED, 7-0; A-79846)

19)  99R-327   Appointing Paulette Jones & Amrita Mahapatra to the Mayor's
               Multicultural Advisory Committee for 3-yr. terms expiring 
               Sept. 18, 2002. (ADOPTED, 7-0; A-79847)

20)  99R-328   Reappointing Thomas Christie, Judi Morgan, Randy Ross, & 
               Annette McRoy to the Mayor's Multicultural Advisory 
               Committee for 3-yr. terms expiring Sept. 18, 2002. 
               (ADOPTED, 7-0; A-79848)

21)  99R-329   Reappointing Leona Kolbet & Joni Thomas to the StarTran 
               Advisory Board for 3-yr. terms expiring Oct. 20, 2002. 
               (A-79849)

PETITIONS & COMMUNICATIONS

22)  THE FOLLOWING WERE REFERRED TO PLANNING DEPT.:
          Change of Zone 3202 - App. of NEBCO Inc. for a change from AG to
               R-3, O-3, B-2 on property at Hwy 34 & N 1st St.
          Change of Zone 3212 - App. of Planning Director for a change to
               amend the existing language of Off-Premise signs (billboards)
               in the zoning code 27.69.
          Special Permit 1322 - App. of Divine Tower Int'l. to construct a
               telecommunications facility at 7th & Fletcher.
          Special Permit 1527A - App. of Phil Metz to build a screen room
               into required rear yard on property at 1230 Pelican Bay 
               Place.
          Special Permit 1808 - App. of NEBCO, Inc. to develop townhomes &
               apartments in a C.U.P. on property at N. 1st & Hwy 34.
          Special Permit 1809 - App. of Jerry Varner to add onto the single
               family dwelling into the existing rear yard at 1947 South St.
          Special Permit 1810 - App. of Robert & Joan Ahrens for a parking 
               lot for Hardwood Heaven next door to the north on  property 
               at S. 14th & Stockwell St.
          Special Permit 1811 - App. of Time Warner Cable for a cable 
               communication system for cable television purposes in 
               accordance with 27.63.225 on property at 61st & Platte.
          Special Permit 1812 - App. of Time Warner Cable for a cable 
               communications system for cable television purposes in 
               accordance with 27.63.225 at 10th & Oak Sts.
          Use Permit 107A - App. of Firethorn Investment to amend Use 
               Permit #107 for office park on property at 84th & Montello
               Rd.
          Use Permit 124 - App. of NEBCO Inc. to develop office uses, 
               shopping/retail, grocery store uses, restaurant use & 
               banking use on property at Hwy #34 & N. 1st St.

23)       Letter from Lynn J. Beranek, 421 S. 25th appealing the decision
          of the Capitol Environs Commission in favor of the removal of two
          large, older trees at the Century House.
          (APPEAL REMOVED) (PLACED ON FILE)

24)   MISCELLANEOUS REFERRALS

REPORTS OF CITY OFFICERS

25)            Clerk's Letter &  Mayor's Approval of Ordinances & 
               Resolutions passed on Oct. 25 1999. 
               (PLACED ON FILE)

26)            Investment of Funds. (ADOPTED, 7-0; A-79851)

27)            A joint request to set public hearing of Mon., Nov. 29,
               1999, at 6:30 p.m. with the Lincoln City Council and the
               State Highway Commission on the East "O" widening design
               project. (APPROVED, 7-0)

28)            Reports from City Treasurer of Telecomms. Occ. Tax as 
               follows: JULY, AUG.: PNG, OneStar; SEPT.: PNG,
               OneStar, Telco Dev., McLeod USA, Working Assets, Affinity, 
               Excel, MCI, Aliant.  (PLACED ON FILE)

29)            Report from City Treasurer of Franchise Fees for the quarter
               ending Sept. 30, 1999 of $425,524.43 from Time Warner Cable.
               (PLACED ON FILE)

ORDINANCES - 1ST READING    (HAD 1ST READING)

30)  99-135    Change of Zone 3198 - App. of Quin-C, Inc. for a change from
               R-1 to R-2 Residential on property generally located at S. 
               62nd St. & Old Cheney Rd.  (In connection w/99R-332, 
               99R-333) (PUB. HEARING DELAYED TO 11/29/99, 7-0)

RESOLUTIONS - FOR COUNCIL ACTION - HAD PUBLIC HEARING

31)  99R-316   Accepting the report of  the Parkview Apartments Tort Claim
               filed against the City & approving the disposition of said
               claim. (ADOPTED, 7-0; A-79826A)


ORDINANCES - 3RD READING
(AND RELATED RESOLUTIONS - HAD PUB. HEARING)
  
32)  99-128    Amending the corporate limits of the City by annexing 
               approx. 40 acres of property generally located at S. 
               Coddington Ave. & W. Van Dorn St.  (In connection w/99R-312)
               (PASSED, 7-0; #17573)

33)  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) (ADOPTED, 7-0; A-79852)

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. (PASSED, 7-0; #17574)

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. 
               (PASSED, 7-0; #17575)

PENDING LIST     (EXTENDED ONE WEEK)

36)  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)

37)  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)

38)  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)

39)  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)

40)  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)

41)  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)

42)  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)

43)  99R-134   Approving a recommendation that the Mayor amend 
               Administrative Regulation #9 to allow for the creation & 
               implementation of a take-home vehicle program for police 
               officers in targeted revitalization strategy areas.  
               (5/10/99 - Placed on Pending)

44)  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)

45)  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)

46)  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)

47)  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)

48)  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)

49)  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)

50)  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)

51)  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.  (10/25/99 - Placed on Pending)

52)            Man. App. of Jon Mackey for Famous Dave's Ribs-U, Inc. dba
               Famous Dave's at 2750 Pine Lake Rd.  (10/25/99 - Placed on
               Pending for Report)

53)  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. (11/1/99 - Placed on Pending) 

54)  99-126    Vacating portions of "M", "N", & S. 8th Sts. between "M" & 
               "N" Sts. on the west side of S. 8th St.  (11/1/99 - Placed 
               on Pending)

WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC 
HEARING ON MONDAY, NOVEMBER 15, 1999.    APPROVED, 7-0 

55)  99R-323   Approving the use of public right-of-way by Lynn & Dorene 
               Casey for the reconstruction of a retaining wall along the
               east side of Frost Dr. north of "J" St. for the property 
               located at 3600 "J" St.

56)  99R-330   Resolution of Intent for use of bond proceeds for South 
               Central Recreation Center Bond.

57)  99R-331   Appointing Matt Morrissey to the Examining Board of Plumbers
               for a 3-yr. term expiring Sept. 4, 2002.

58)  99R-332   Special Permit 1786 - App. of Quin-C, Inc. to develop Black
               Forest Estates C.U.P. consisting of 88 dwelling units on 
               property generally located at S. 62nd St. & Old Cheney Rd.
               (In connection w/99-135, 99R-333) 
               (PUB. HEARING DELAYED TO 11/29/99, 7-0)

59)  99R-333   Accepting & approving the preliminary plat of Black Forest 
               Estates on property generally located at S. 62nd St. & Old 
               Cheney Rd. including waivers of the requirements for a side-
               walk along the west side of Black Forest Dr., a roll-over
               curb section, & a low flow liner.  (In connection w/99-135,
               99R-332) (PUB. HEARING DELAYED TO 11/29/99, 7-0)

60)  99R-334   Accepting the report of new & pending tort claims against 
               the City & approving disposition of claims set forth therein
               for the period of Oct. 16 thru 31, 1999.

61)  99R-335   Appointing Susan Holland to the Government Access & 
               Information Committee to fill an unexpired term expiring 
               Jan. 1, 2000.

ADJOURNMENT  3:49 P.M.

UPCOMING HEARINGS

     Hearing date of Mon., Nov. 15, 1999, at 1:30 p.m. on the App. of Blue 
     Heron, Inc. dba Blue Heron Wine Bar & Bistro for a Retail Class C 
     Liquor License at 555 S. 48th, #F. 

     Hearing date of Mon., Nov. 22, 1999, at 6:30 p.m. - 99R-326 Resolution 
     to provide the authority to construct a Paving Unit on 72nd St. from 
     Havelock Ave. to Morrill Ave.

24)  MISCELLANEOUS REFERRALS
     
     Reports from City Treasurer of Telecomms. Occ. Tax as follows:July,
     Aug., 1999: Matrix; Sept., 1999: Matrix, LCI, GTE, GE Capital,
     Calls for Less, Comdata, Trans Nat'l, QWest, Eclipse, IBM Global, 
     Lincoln Celtelco. (PLACED ON FILE)

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

     Setting Hearing date of Mon., November 22, 1999 at 1:30 p.m. on the
     Man. App. of Damon Debowey for Misty, Inc. dba "Misty Edgewood" at 
     5508 S. 56th, Ste. 5. (ADOPTED, 7-0; A-79850)

City Council Agenda History