City Council
Agenda
ACTION From The Regular City Council Meeting Held
Monday, April 19, 1999 At 1:30 p.m.
ALL MEMBERS PRESENT.
MAYOR'S AWARD OF EXCELLENCE -
(OFFICER JEFF BUCHER, LPD-FEB., 99 & SHAWN CARLSON, PARKS & REC.-MARCH, 99.)
PUBLIC HEARING LIQUOR RESOLUTIONS
1) App. of X-Treme Enterprises Ltd. dba Wimberley's for a Retail
Class C Liquor License at 1033 "O" St.
(ADOPTED FOR DENIAL, 7-0; A-79416.)
2) Man. App. of Christopher Kenneth Holland for X-Treme
Enterprises Ltd. dba Wimberley's at 1033 "O" St.
(ADOPTED FOR DENIAL, 7-0; A-79417.)
3) App. of Perk Group Ltd. dba Old Fashioned Garden Cafe for a
Retail Class C Liquor License at 6891 "A", Suite #110.
(ADOPTED FOR APPROVAL, 7-0; A-79418.)
PUBLIC HEARING ORDINANCES - 2ND READING
(ITEMS 4 THRU 7 HAD PUBLIC HEARING.)
4) 99-38 Approving the transfer of appropriations in the amount of
$1,517,645.29 within Water Construction Funds to close
Ashland Expansion, address change of scope of the Vine Street
Reservoir & Pumping Station, to fund diesel system modifica-
tions & cleanup, & remodel Water Control Room to a training/
911 backup project.
5) 99-39 Amending the corporate limits of the City by annexing 7 lots
generally located at 84th St. & Old Cheney Rd.
6) 99-40 Approving the creation of a Downtown Core Business
Improvement Dist. Overlay on property generally located in
Downtown Lincoln between 9th St. & Centennial Mall from M to
Q Sts. (PUBLIC HEARING CONT'D W/3RD READING ON 4/26/99, 7-0.)
7) 99-41 Approving the creation of a Downtown Business Improvement
Dist. on property generally located in Downtown Lincoln
between 6th & 17th Sts. from H to R Sts.
(PUBLIC HEARING CONT'D W/3RD READING ON 4/26/99, 7-0.)
PUBLIC HEARING - RESOLUTIONS
8) 98R-373 Special Permit 1739 - Appeal of Trinity United Methodist
Church from the Planning Commission requirement that the
driveway be removed from the 20' front yard setback in the
parking lot generally located at 16th & "A" Sts.
(WITHDRAWN, 7-0; #38-4305.)
9) 99R-112 Approving an Agrmt. between the City & the State Dept. of
Roads to reimburse the City in the amount of $150,000.00 for
resurfacing work on Hwy. 6 from 48th St. to 70th St. & State
Connecting Link L-55X, north of Cornhusker Hwy.
(ADOPTED, 7-0; A-79419.)
10) 99R-113 Ordering Alley Paving Dist. 357 paved in the north-south
alley between Touzalin Ave. & 60th St. from Benton to Fremont Sts.
(ADOPTED, 7-0; A-79420.)
11) 99R-114 Approving the annual plan pursuant to the Interlocal Agrmt.
between the City & Lancaster County to provide for weed
control & weed abatement within the City.
(ADOPTED, 7-0; A-79421.)
12) 99R-115 Special Permit 1763 - App. of Jack & Mary Herbert for sand,
gravel, & soil excavation on property location north & west
of the corner of 70th & Arbor Rd. (Appeal of Jack Herbert
from Planning Commission denial).
(PLACED ON PENDING FOR 2 WEEKS TO 5/3/99, 7-0.)
13) 99R-116 Accepting & approving the preliminary plat of Northern Lights
1st Addition generally located at 82nd St. between Holdrege
St. & Leighton Ave. (AMENDED, 7-0; ADOPTED, 7-0; A-79422.)
14) 99R-117 Approving an Agrmt. between the City & Erickson Sederstrom to
provide consultant services in review & processing of Sections
26 & 27 of the LMC & related design standards.
(ADOPTED, 7-0; A-79423.)
PETITIONS & COMMUNICATIONS
15) MISCELLANEOUS REFERRALS
Report from City Treasurer of Telecomm. Occ. Tax due for
March, 1999 from Sprint Spectrum LP. (PLACED ON FILE)
Report from City Treasurer of Franchise Tax due from
Utilicorp United aka Peoples Natural Gas. (PLACED ON FILE)
UNL-Microbiologist Report of water tested for month of
March, 1999. (PLACED ON FILE)
Setting Hearing Date of Mon., May 3, 1999 at 1:30 p.m. for
the following:
App. of Geemax, Inc. dba N-Zone for a Retail Class C/K Liquor
License at 728½ Q St. (ADOPTED, 7-0; A-79424.)
App. of Lambert Investments #3 LLCdba Ramada Inn for a Retail
Class I Liquor License at 1101 W. Bond.
(ADOPTED, 7-0; A-79425.)
App. of Caffe' Amore, Inc. dba Caffe' Amore for a Retail
Class C Liquor License at 2901 Pine Lake Rd.
(ADOPTED, 7-0; A-79426.)
Man. App. of Tina L. Procter for Whitehead Oil Co. dba U-Stop
Convenience Shop at 5600 S 56th.
(ADOTPED, 7-0; A-79427.)
REPORTS OF CITY OFFICERS
16) Clerk's Letter & Mayor's Approval of Ordinances & Resolutions
passed on April 5, 1999. (PLACED ON FILE)
17) Investment of Funds. (ADOPTED, 7-0; A-79428.)
18) Reports from City Treasurer of Telecomm. Occ. Tax due for
March, 1999 from One Call Comms. & Operator Communications.
(PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 19 THRU 24 HAD 1ST READING.)
19) 99-42 Approving a contract between the City & the Lincoln Haymarket
Development Corp. to operate & regulate a Saturday public
market in the Haymarket area from May 8 through Oct. 30, 1999.
20) 99-43 Approving increases in the Health Dept. Food Handler Permit
fees up to $10 & Food Establishment Annual Renewal Fees from
$135 to $170.
(INTRODUCTION DELAYED 1 WEEK TO 4/26/99, 7-0.)
21) 99-44 Change of Zone 2938A - App. of the University of Nebraska
Foundation to amend the special sign district of the
University of Nebraska Technology Park for a unique sign
design & arrangement on property generally located on the
south side of Highlands Blvd. between N.W. 1st St. & N.W.
12th St., & on the east side of N.W. 1st St. on both sides
of Highland Cir.
22) 99-45 Change of Zone 3164 - App. of Tony's Cement Works, Inc. to
amend Title 27 of the LMC to allow temporary concrete batch
plants in any zoning district by administrative permit issued
by the Director of Planning.
23) 99-46 Change of Zone 3170 - App. of Jay DeGraw for a change from
B-1 Local Business to R-4 Residential on property generally
located at 26th & Sumner Sts.
24) 99-47 Change of Zone 3172 - App. of Fr. Chad Ripperger for a change
from P Public Use to R-4 Residential on property generally
located at 12th & South Sts. (St. Francis Chapel).
RESOLUTIONS - FOR COUNCIL ACTION - HAD PUBLIC HEARING
25) 99R-106 Special Permit 1610B - App. of Charles Dennis Randal
Development to construct 3 elderly housing units to the
existing domiciliary care facility, to reduce the rear yard
setback, & to waive the sidewalk in N. 58th St. on property
generally located at 1/2 block north of Fremont St. between
56th & 58th Sts. (AMENDED, 7-0; A-79429.)
26) 99R-110 Amending the Design Standards for Subdivisions by revising
subparagraph F of Section II of the Drainage/Storm Sewer
Construction & Design Manual to control storm water runoff
& by adding Appendix A, Storage Facilities to the Design
Standards for Subdivision. (AMENDED, 7-0; A-79430.)
ORDINANCES - 3RD READING
27) 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.
(ACTION DELAYED FOR 1 WEEK, 7-0.)
PENDING LIST (EXTENDED ONE WEEK. SEE ITEM 41.)
28) 94R-361 Ordering Construction of Paving Unit 123 in N St. between 1st
& 2nd Sts. (12/19/94 - Placed on Pending)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 99-10 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.
(2/22/99 - Placed on Pending)
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' 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)
40) 98-193 Amending the corporate limits of the City by annexing one
lot & a portion of another lot generally located N.W. 56th
& W. Adams Sts. (In connection w/99-24) (4/5/99 - Placed
on Pending)
41) 99-37 Amending Chapter 14.55 of the LMC relating to sidewalk
vendors to strike language to allow motorized trailers as
being included within the definition of "pushcart", to allow
pushcarts of 83" in length, to strike the present restriction
of 80", & to add a new subsection which prohibits the
operation of a motorized trailer or vehicle on any sidewalk
space. (4/12/99 - Placed on Pending for 2 weeks to 4/26/99)
(REMOVED FROM PENDING TO HAVE PUBLIC HEARING W/2ND READING
ON 4/26/99, 7-0.)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING
ON MONDAY, APRIL 26, 1999:(APPROVED, 7-0.)
42) 99R-118 Approving Paving Unit 132 in 51st St. from
Leighton Ave. to Garland St.
43) 99R-119 Approving Paving Unit 133 in 69th St. from
Leighton Ave. to Garland St.
44) 99R-120 Combined Use Permit/Special Permit 11C - App. of R.E.D.
Capital Development to amend SouthPointe Pavilions to
increase the height limit from 40' to 60' & increase the
total floor area from 717,000 to 730,000 sq. ft. on property
generally located at 27th & Pine Lake Rd.
45) 99R-121 Appointing Jim Langtry, Kent Morgan, Maura Kelly-Tolzin, &
Greg Aschoff to the Government Access & Information Committee
for terms expiring 1/1/00, 1/1/00, 1/1/00, & 1/1/01
respectively.
46) 99R-125 Accepting the proposal of donation by the Lincoln Tennis
Assoc. for the construction of 3 tennis courts with two
bleacher pads to be located in Woods Park at 33rd & J Sts.
(RULES SUSPENDED FOR THIS ITEM TO HAVE INTRO.,
PUBLIC HEARING & ACTION ON 4/26/99, 7-0.)
ADJOURNMENT 3:36 P.M.
UPCOMING HEARINGS
Hearing Date of Mon., April 26, 1999 at 6:30 p.m. on the App. of Hy Vee,
Inc. dba "Hy Vee Food & Drugstore #5" for a Liquor Catering License
at 7151 Stacy Lane.
Hearing Date of Mon., April 26, 1999 at 6:30 p.m. on the App. of
Patricia Walbrecht dba "Patty's Place" for a Retail Class "I" Liquor
License at 1320 "O".
Hearing Date of Mon., April 26, 1999 at 6:30 p.m. on the App. of
Tragolargo, Inc. dba "Cliff' s Lounge" for a Retail Class "C"
Liqour License at 140 N. 12th.
Hearing Date of Mon., April 26, 1999 at 6:30 p.m. & place on the Formal
City Council Agenda the following:
99R-118 To provide the authority to have a Paving Unit in 51st
St. from Leighton Ave. to Garland St. ordered
constructed & assess the cost thereof against the
benefitted property.
99R-119 To provide the authority to have a Paving Unit in 69th
St. from Leighton Ave. to Garland St. ordered
constructed & assess the cost thereof against the
benefitted property.
NOTE: NEXT MONDAY'S REGULAR CITY COUNCIL MEETING OF APRIL 26, 1999,
BEGINNING AT 6:30 P.M.
City Council
Agenda History
