LINCOLN -- Lincoln City Council on July 19 authorized city attorney Steve Zega to begin proceedings to condemn a building at 300 E. Pridemore Drive that has been used for various restaurants over the years.
Mayor Doug Hutchens asked for the council's support to condemn and raze the building which started as a dirt apple shed many years ago.
Hutchens said the building has a tenant who has been trying to renovate the structure to pass inspection to open up a restaurant. However, a mold inspection came back with results that part of the walls and the ceiling would have to be replaced because of mold.
"It's suggested no one goes into the building without a mask," Hutchens told council members.
He added that the mold problem will not go away until drainage issues are resolved, and the only way to resolve drainage issues is to elevate the building.
"It should have been condemned 20 years ago," council member Johnny Stowers said, in agreeing with Hutchens' request.
According to Washington County property records, the building is owned by La Finca LLC. Records show the property first was owned by Bryan and Ruth Reed in 1977. It was sold to Vincente and Veronica Perea in 2004 and sold to La Finca LLC in 2005.
According to Enterprise-Leader archives, the building last was used as a Mexican restaurant called La Hacienda Monzerat. Lincoln Chamber of Commerce sponsored a ribbon cutting for the restaurant in September 2018.
Zega said he would get the title work finished for the property and then return to the council for further action.
City business manager Rhonda Hulse said the city will have to contract with a business for an asbestos survey and if the building has asbestos, that will have to be abated also.
"it's an expensive proposition," Hutchens said, noting the city still has a lien to recoup costs on its condemnation and demolition proceedings against the former Townhouse Apartments on North Carter Street.
Zega said the total expenses for razing the apartment building were $48,000. With costs going up, he estimated it could cost around the same amount for condemning and razing the building on Pridemore Drive.
After the vote, Stowers said, "That's one of those things that is long overdue."
In other action, a proposed ordinance to allow portable carports to be exempt from being placed behind the principal structure, or house, will not move forward. Council member Mary West made a motion to place the ordinance on second reading but her motion died for lack of a second.
Lincoln's code presently requires accessory buildings to be located a minimum of 10 feet behind the primary structure of a property. The proposed ordinance would have allowed metal portable carports to be installed in the front, as long as they were behind the front building line, such as next to a permanent carport or garage.
There was some disagreement among council members on how restrictive the ordinance should be.
Stowers said he was under the assumption the ordinance would allow portable carports to be located next to a driveway.
Council member David McBride said he thought people should be able to use their property as they want.
"Somebody ought to be able to put a carport in front," McBride said. "It's not like we have million dollar houses all around. People ought to be able to use their property."
Council member Terry Bryson, who chairs the Planning Commission, pointed out that other communities are not allowing portable carports in front of their houses. The commission came up with the ordinance to provide a compromise for those who want to put in a portable carport in the front.
Hutchens added, "It's better than the previous code as far as allowing more use of the property but it's still not a free for all as far as in front of your property. It's a step up but not completely throwing out that restriction on portable buildings."
Council member Michelle Davis recommended looking at what other communities are doing for portable carports, not just looking at Farmington and Prairie Grove.
West pointed out that for Lincoln to grow, it has to be able to compare with its nearby communities.
"Our clientele are coming through Farmington and Prairie Grove to get here," West said.
Hutchens added that as he's in other communities with his business, he's not seeing a lot of portable buildings in front of houses.
Hutchens recommended the council approve the ordinance and then if it wants to loosen restrictions, it could come back later and amend the ordinance.
Discussion came to a halt on the proposed ordinance when no one seconded West's motion to place the measure on second reading.
In other action, the council approved two rezoning ordinances for property on East Rogers Avenue, next to Fast Trax. The city approved a lot split and one lot was rezoned from R-1, low density residential, to B-2, highway mixed use, and the other lot was rezoned from R-1 to R-2, medium density residential.