Council Seal
City of Lincoln
City Council
Agenda

               ACTION For The Regular City Council Meeting Held
                     Monday, January 10, 2000 At 1:30 p.m.

NOTE: NEXT REGULAR COUNCIL MEETING WILL BE TUES., JAN. 18, 2000, 6:30 P.M.

                      ALL MEMBERS PRESENT

PUBLIC HEARING LIQUOR LICENSES

 1)       App. of Wadsworth Old Chicago, Inc. dba Old Chicago for a Class I
          liquor license at 826 P St. (ADOPTED FOR APPROVAL, 7-0; A-79937)

 2)       Man. App. of Julie Ann Schlueter for Wadsworth Old Chicago, Inc.
          dba Old Chicago at 826 P St. (ADOPTED FOR APPROVAL, 7-0; A-79938)

 3)       App. of KJ & E, L.L.C. dba Silver Star Steak & Buffet for a Class
          I liquor license at 5551 S. 48th St. (ADOPTED FOR APPROVAL, 7-0;
          A-79939)

 4)       Man. App. of Ronald Dee Bartholomew Jr. for KJ & E, L.L.C. dba
          Silver Star Steak & Buffet at 5551 S. 48th St. (ADOPTED FOR
          APPROVAL, 7-0; A-79940)

 5)       Man. App. of Britany Susanne Carlson for Whitehead, Inc. dba U
          Stop Convenience Shop at 610 S. 10th St. (ADOPTED FOR APPROVAL,
          7-0; A-79941)

 6)       Man. App. of Danny Lee Bolin for Whitehead Oil Company dba U Stop
          Convenience Shop at 240 N. 17th St. (ADOPTED FOR APPROVAL, 7-0;
          A-79942)

 7)       Man. App. of Kristopher L. Anderson for Pickfair Entertainment 
          Corp. dba Big Red Keno Sports Bar & Grill at 955 W. O St. 
          (ADOPED FOR APPROVAL, 7-0; A-79943)

 8)       Man. App. of Heather Nicole Stutzman for BVR Inc. dba Kamikaze's
          at 1600 "O" St. (ADOPTED FOR APPROVAL, 7-0; A-79944)
 
PUBLIC HEARING ORDINANCES - 2ND READING - NONE

PUBLIC HEARING - RESOLUTIONS

 9)  99R-373   Assessing the costs incurred by the City since Jan. 1, 1999
               through Dec. 31, 1999, for cutting weeds against various 
               benefitted properties. (ADOPTED, 7-0; A-79945)

10)  99R-374   Vacating Hackberry Ln. between Anthony Ln. & E. Hillcrest
               Dr., located in the three-mile jurisdiction of the City. 
               (PLACED ON PENDING, 7-0)

11)  99R-375   Appointing Steve Kiene to the Lincoln Electric System 
               Administrative Board for a 3-yr. term expiring Dec. 31, 2002.
               (ADOPTED, 6-1; A-79946, CAMP DISSENTING)

12)  99R-376   Appointing June Remington to the Lincoln Electric System 
               Administrative Board for a 3-yr. term expiring Dec. 31, 2002.
               (ADOPTED 6-1; A-79947, CAMP DISSENTING)

13)  99R-377   Appointing Tom Schleich to the Lincoln Electric System 
               Administrative Board for a 3-yr. term expiring Dec. 31, 2002.
               (ADOPTED 6-1; A-79948, CAMP DISSENTING)

PETITIONS & COMMUNICATIONS

14)       THE FOLLOWING WERE REFERRED TO PLANNING DEPT:
          Change of Zone 3220 - App. of Brian D. Carstens for change to LMC
            27.69.044, permitted signs; O-1, O-2, O-3.
          Change of Zone 3221 - App. of Planning Director related to the 
            Lincoln Ballpark two changes from P to I-1 and two from I-1 to
            P.
          Change of Zone 3223 - App. of Planning Director to change LMC
            27.07.080 minimum lot area, county section ( and ½ section)
            line road right-of-way is included for the purpose of 
            determining area.
          Change of Zone 3224 - App. of Planning Director to LMC new 
            section 27.71.091 to permit light wells in required yards.
          Change of Zone 3226 - App. of Crawford G. Pierce from I-2 to H-3
            at West Commerce Way and West Bond Street.
          Change of Zone 3228 - App. of Jerome Hittner from AG to R-3 at 
            84th & Old Cheney.  
          Change of Zone 3229 - App. of Greenwood Hollow, a Nebraska 
            Partnership, Ed Foster from R-2 Residential to R-4 Residential
            at 56th & Pioneers.
          Change of Zone 3230 - App. of Planning Director to revise Section
            27.55.040(d) of the Lincoln Zoning Ordinance by deleting the 
            reference to sea level.
          Use Permit No. 11F - App. of Silver Offices, l.L.C. to develop 
            31,000 sq. ft. of office & early childhood care uses at South
            32nd & Pine Lake Rd.
          Use Permit No. 96A - App. of Mark Hunzeker to amend Use Permit
            No. 96. 
          Special Permit No. 228H - App. of Russell Semm to amend front yd
            setback in order to build a residence at 252 W Lakeshore Dr.
          Special Permit 228I - App. of John Otley, Jack Peterson, Anna 
            Hirschman, Joan Weeks, & Jim Harmon to reduce front yard set-
            back for existing carports at 432, 412, 482, 332, 492 W. 
            Lakeshore Dr.
          Special Permit No. 494D - App. of Wm. E. Gordon, Edward Last, 
            Stephen C. Ravitz to expand Special Permit 494C & allow home
            sites to be identified as envelopes at S.W. 11th & West Peach
	    St.
          Special Permit No. 1423C - App. of Dru, Guy & Davie Lammle to
            amend Special Permit No. 1423C.
          Special Permit No. 1715A - App. of Donna M. Culwell in accord 
            w/LMC 27.63.400, amend Special Permit 1715 to preserve the 
            landmark of Yates House by expanding "Special Events" to 
            include regularly scheduled operation of a tea room on 1st
            floor at 720 S. 16th St.
          Special Permit No. 1819 - App. of Ray Burcham to build an 
            addition of 24'4" x 24' to the existing house at 2613 S. 9th St.
          Special Permit No. 1822 - App. of NEBCO Inc. for sale of 
	    alcoholic beverages for consumption on the premises pursuant
	    to 27.47.030(x) at 6th & Charleston.
          Special Permit No. 1823 - App. of NEBCO, Inc. to exceed the 
            maximum height permitted in the district pursuant to 
            27.47.030(j) at 6th & Charleston.
          Special Permit No. 1824 - App. of Greenwood Hollow, Ed Foster to 
            develop a 98 unit domiciliary care facility for people 
            requiring limited assistance at the Northwest corner of 56th St.
            & Pioneers Blvd.

          Formal Petition to Vacate a portion of Meridian Dr. from Fletcher
          Ave. to Cascade Dr. signed by Home Realty, Inc. 
          (REFERRED TO LAW DEPT.)
          
15)   MISCELLANEOUS REFERRALS

          Setting hearing date of Mon., Jan. 24, 2000 at 1:30 p.m. on the 
          App. of Lincoln Holdings, LTD. dba "Yia Yia's for a Retail Class
          C Liquor License at 1423 "O".  (ADOPTED, 7-0; A-79949)

          Report of UNL Microbiologist for water testing for the month of 
          Dec., 1999.  (PLACED ON FILE)
     
         THE FOLLOWING WERE REFERRED TO PLANNING DEPT.:
          Change of Zone No. 3225 - App. of Gary Bredehoft, Olsson Assoc. 
            for a change from R-3 to O-3 and O-3 to R-3 on property at 
            14th & Yankee Hill.
          Change of Zone No. 3231 - App. of Lincoln Federal Savings Bank 
            for a change from R-3 to R-4 on property located in the North
            ½ of Section 12, T10N, R6E of the 6th P.M. Lancaster 
            County, Nebraska.
          Change of Zone N. 3233 - App. of Lincoln North Creek, L.D.C. to 
            change from R-3 to R-4 on property at Fletcher Ave. & Telluride
            Dr.
          Use Permit No. 126 - App. of Olsson Assoc. to develop 275,000 Sq.
            Ft. of Office used at 14th & Yankee Hill Rd.
          Special Permit No. 1649A - Ap. of Tabitha, Inc. for a wireless 
            communications facilities at 4720 Randolph.
          Special Permit No. 1826 - App. of August J. Piazza et. al. Co. 
            Trustee to allow a domiciliary care facility and housing for
            the elderly at 444 S. 56th St.

          Setting hearing date of Tues., Jan. 18, 2000 at 6:30 p.m. on App.
          of Medici Foundation to conduct a raffle within the City of 
          Lincoln. (Approved, 7-0)


REPORTS OF CITY OFFICERS

16)            Clerk's Letter &  Mayor's Approval of Ordinances & 
               Resolutions passed on Dec. 13, 1999. (PLACED ON FILE)

17)            Clerk's Letter & Mayor's Approval of Ordinances & 
	       Resolutions pass on Dec. 20, 1999, except for Resolution 
	       No. A-79933 (Special Permit No. 1786 - App. of Quin-C, 
	       Inc. to Development Black Forest Estates C.U.P. and 
	       Resolution No. A-79934 (Preliminary Plat of Black Forest 
	       Estates) which the Mayor vetoed. (PLACED ON FILE)
	       (RECONSIDERED RESO. A-79933 & A-79934 ON 1/18/00, 7-0)

18)            Investment of Funds for 12/17/99 & 12/27/99. (ADOPTED, 7-0,
               A-79950, A-79951, A-79952)

19)            Reports from City Treasurer of Telecomm. Occ. Tax due as
               follows: SEPT., 1999: AT&T, Frontier, UStel; Oct., 1999:
               USA Paging; Nov., 1999: Alltel, Assn Adm., I-Link 
               Comm., Sprint, Equality, GTC, Telco, Phoenix Network, 
               Worldtel, Globalcom, Inacom, Working Assets, McLeodUSA,
               Global, GST Net, Stormtel, UniDial, LDM Systems, NOSVA,
               Long Distance of Michigan, Tri-M, Glyphics, Affinity, Nestel
               West, NOS Comm., Incomnet, Nextlink, RSL Com USA, Sprint 
               Spectrum, Network, D & D Comm., Destia, Cincinnati Bell, 
               Primus, Network Billing Systems, Intelicall, USA Paging, 
               Excel, Airtime SMR, Shaffer, LCI Int'l, Calls for Less, 
               Eclipse, Comdata, IBM Global, Trans Nat'l, Lincoln Celtel,
               Business Telecom., Coast Int'l., Executive Answering Service;
               DEC., 1999: Executive Answering Service. (PLACED ON FILE)

20)            Report from City Treasurer of Cash on Hand at the close of
               business on 11/30/99. (PLACED ON FILE)

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

22)            Setting Hearing Date of Mon., January 24, 2000 on the App.
               of Famous Dave's Ribs-U, Inc. dba "Famous Dave's" for a 
               Liquor Catering License at 2750 Pine Lake Road. 
               (ADOPTED, 7-0; A-79953)

ORDINANCES - 1ST READING 
(ITEMS 23 THRU 32 HAD 1ST READING. SEE ITEMS 25 & 26)

23)  00-1      Amending §8.20.050 of the LMC to reflect changes 
               made to the Nebraska Pure Food Act.

24)  00-2      Change of Zone 3217 - App. of Ridgewood Neighborhood Assoc.
               for a change from AG Agricultural to AGR Agricultural 
               Residential on property generally located 1/4 mile south & 
               east of the corner of S.W. 27th St. & W. Denton Rd.

25)  00-3      Change of Zone 3218 - App. of the Planning Director to amend
               the Zoning Ordinance of the LMC to add Chapter 27.68 
               relating to provisions for "Personal Wireless Facilities" to
               provide a purpose, definitions,to provide for permits, 
               permits terms, renewal applications, renewal determinations,
               conditions for renewal, location preferences, application 
               requirements, standards for evaluation, design criteria, 
               general requirements, abandonment of facilities, & to allow 
               personal wireless services facilities in any zoning district.
               (In connection w/00-4) (TO HAVE 2ND & 3RD READING W/O
               EMERGENCY CLAUSE ON 1/18/00, 7-0)

26)  00-4      Change of Zone 3219 - App. of the Planning Director to amend
               §§27.03.110 & 27.63.150 of the LMC relating to the
               definition of "Broadcast Tower" & the guidelines for review 
               of a special permit for a "Broadcast Tower." (In connection 
               w/00-3) (TO HAVE 2ND & 3RD READING W/O EMERGENCY CLAUSE ON
               1/18/00, 7-0)

27)  00-5      Amending §6.08.160 of the LMC to increase the minimum 
               fine for barking dogs to $50.00.

28)  00-6      Approving a Lease Agrmt. between the City & Phantom, Inc. 
               for the lease of City owned property for use as an impound
               lot for towed vehicles.  (In connection w/00R-5)

29)  00-7      Establishing residential & commercial classes of gas service
               & applicable rates to be charged by Peoples Natural Gas for 
               gas service within the City.  (In connection w/00-8)

30)  00-8      Reaffirming the previously approved tariffs applicable to 
               the transportation of natural gas through the 12-inch 
               natural gas pipeline which is connected to the distribution
               system serving the City (Lincoln Lateral). (In connection 
               w/00-7)

31)  00-9      Annexing approx. 318 acres of property generally located 
               north of Hwy. 34, south of Alvo Rd., & west of N. 1st St.
               (In connection w/00-10, 00R-16, 00R-17, 00R-18, 00R-19, 
               00R-20)

32)  00-10     Change of Zone 3202 - App. of NEBCO, Inc. for a change from 
               AG Agricultural to R-3 Residential, O-3 Office Park, & B-2 
               Planned neighborhood Business on property generally located
               north of Hwy. 34, south of Alvo Rd., & west of N. 1st St.
               (In connection w/00-9, 00R-16, 00R-17, 00R-18, 00R-19,
               00R-20)

ORDINANCES - 3RD READING 

33)  99-137    Amending Chapter 27.63 of the LMC to allow off-premises
               signs within 500' measured in all directions from a 
               sensitivity zone; & amending Chapter 27.69 to amend the 
               requirements for off-premises signs to require an 
               administrative permit for the installation of an off-
               premises sign, to provide for the removal of a non-
	       conforming off-premises sign in order to obtain the
	       administrative permit, to provide for the automatic 
	       expiration of the administrative permit, to provide 
	       provisions for renewal of the permit, to provide spacing
	       requirements between off-premises signs & between off-
	       premises signs & entry corridors, designated zoning 
	       districts, & designated uses & activities, to provide 
	       restrictions on light-ing, & to provide for the removal 
	       of abandoned off-premises signs. 
               (ACCEPTED SUB. ORD., 7-0; PASSED, 7-0; #17585)

34)  99-141    Vacating the southern 5'6" of Q St. between 11th St. & 50' 
               west of 12th St.  (12/20/99 - Amended) (PASSED AS AMENDED,
               7-0; #17586)

35)  99-142    Vacating the E. Savannah Cir. right-of-way stub east of S.
               38th St. (PASSED, 7-0; #17587)

PENDING LIST   (EXTENDED 1 WEEK; SEE ITEM 40)

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)            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) (REMOVE FROM PENDING FOR PUB. HEARING ON
               1/24/00, 7-0)

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

42)  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. (12/6/99 - Placed on Pending until Spring of 2000 for
               Cont'd Public Hearing)

43)  99-136    Authorizing widening, reconstruction, & improvement of E. 
               "O" St. from 52nd to Wedgewood Dr. & acquisition of 
	       necessary right-of-way.  (12/13/99 - Action delayed to 
	       1/24/2000)

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)  99R-134   Approving a recommendation that the Mayor amend Administra-
               tive 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)

48)  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)

49)  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)

Action Items 50 - 74

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