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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 22, 2003, AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Barrymore's for a special
designated liquor license covering an area
measuring 60 feet by 20 feet in the alley at 134
North 13th Street, on October 4, 18, and 25, 2003
from 12:00 p.m. (or 2 hours before kickoff) to
7:00 p.m. (AMENDED, ADOPTED FOR APPROVAL AS AMENDED,
7-0; A-82330)
2) Application of DelRay Ballroom and Lounge for a
Class I liquor license at 817 R Street. (ADOPTED FOR APPROVAL,
7-0; A-82331)
3) Manager application of Michael Scott Galloway for
DelRay Ballroom and Lounge at 817 R Street. (ADOPTED FOR
APPROVAL, 7-0; A-82332)
4) Application of Benchmark Redevelopment, Inc. dba
Buzzard Billy's Armadillo Bar/Grill for an
addition to its licensed premise of the basement
area measuring 65' by 64', making the licensed
premises read as the south half of the main floor
70' by 85' of a three story building, plus loading
dock patio area approximately 20' by 70' to the
east side of the building, plus the basement area
measuring 65' by 64' on property generally located
at 247 N. 8th Street, Suite 101. (ADOPTED FOR APPROVAL,
7-0; A-82333)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 5-7 HAD 2ND READING)
5) 03-145 Declaring the former Union Pacific right-of-way
between N. 30th St. and N. 33rd St., north of
Peter Pan Park consisting of approximately 1.5
acres, as surplus property and authorizing the
exchange thereof.
Fact Sheet (455K)
6) 03-146 Change of Zone 3416 - App. of Witherbee
Neighborhood Assoc. for a change from R-4
Residential to R-2 Residential on property
generally located between the west side of S. 37th
St. and the east side of S. 42nd St., from J St.
to Randolph St., consisting of approximately 12
blocks.
Fact Sheet (1.34M)
7) 03-147 Approving a four-year lease agreement between the
City and Capital Towing Inc. for a vehicle impound
lot located at 101 Charleston St. (In
connection w/03R-249)
Fact Sheet (12K)
Attachment (23K)
PUBLIC HEARING - RESOLUTIONS
8) 03R-233C Accepting the report of new & pending claims
against the City & approving disposition of claims
set forth therein for the period of August 1 - 15,
2003. (9/8/03 - Claim of Stephanie Byrd Placed
on Pending & Con't. P. H. in 2 Weeks to
9/22/03) (ACTION DELAYED AND P.H. CON'T. ONE WEEK TO 9/29/03, 7-0)
9) 03R-245 Authorizing the use of the public right-of-way for
the replacement of a truck dock at Meadow Gold
Dairies on S. 7th St. between L and M St. (ADOPTED, 7-0; A-82334)
Fact Sheet (58K)
10) 03R-246 Appointing James F. Schultz to the Government
Access and Information Committee to fill an
unexpired term expiring Jan. 1, 2004. (ADOPTED, 7-0; A-82335)
Attachment (93K)
11) 03R-247 Reappointing Christi Chaves, Janet Coleman, and
Marty Ramirez, Ph.D. to the Community Health
Endowment Board of Trustees for three-year terms
expiring Sept. 1, 2006. (ADOPTED, 7-0; A-82336)
12) 03R-248 Appointing Gregory W. Key to the Citizen Police
Advisory Board to fill an unexpired term expiring
Nov. 17, 2005. (ADOPTED, 7-0; A-82337)
Attachment (96K)
13) 03R-249 Approving a four-year contract between the City
and Capital Towing Inc. for vehicular towing and
storage. (In connection w/03-147) (ACTION DELAYED ONE WEEK
TO 9/29/03, 7-0)
Fact Sheet (44K)
Attachment (384K)
PUBLIC HEARING - DENIAL OF PEDDLER PERMIT
14) Appeal of the Denial of Issuance of a Peddler Permit
to Carisa Risor by Police Department. (ACTION DELAYED AND
CON'T. P.H. ONE WEEK TO 9/29/03; 7-0)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
15) Setting the hearing date of Mon., October 6, 2003
at 1:30 p.m. for the App. of Chad & Kira Goertzen
dba Zen's for a liquor catering license located at
122 N. 11 Street, Suite 2. (ADOPTED, 7-0; A-82338)
16) Setting the hearing date of Mon. October 6, 2003
at 1:30 p.m. for the App. of Jan-Al Inc. dba Simply
Paradise Social Hall for an addition to their licensed
premise (5' 2" x 17' 6") located at 3235 North 35th St.
(ADOPTED, 7-0; A-82339)
17) The following items have been referred to the Planning Dept.:
Special Permit No. 1423I - App. of HiMark Golf LLC for a
Special Permit to amend the CUP to replace the 272
multi family units with 31 single family attached
lots and 2 golf holes on property located at
at the corner of 84th & Old Cheney Road.
Special Permit 2032 - App. of THN, LLC for a Special Permit
to sell alcoholic beverages for consumption off the
premises at property located at 2535 O Street.
Special Permit 2033 - App. of THN, LLC for a Special Permit
to sell Alcoholic beverages for consumption on the
premises at property located at 2535 O Street.
Special Permit 2034 - App. of Paul & Rochelle Markey to attach
the house to the garage for the use of a handicapped
person at property located at 2440 NW 2nd Street.
Special Permit 2035 - App. of Peter & Galina Opanasyuk to
build an addition to existing house with a 2 foot side
yard setback on property located at 446 E Street.
18) MISCELLANEOUS REFERRALS
Setting the hearing date of Monday, October 6, 2003 at 1:30 p.m.
for the App. of Overstreet, Inc. dba T's Stop & Shop for a Class
B liquor license, located at 1301 N. 27th Street. (ADOPTED, 7-0;
A-82340)
Re-setting the public hearing date on appeal denial of request
for categorical exemption from impact fees submitted by Peter
Katt on behalf of Mary Jo Livingston and Mount Olive Evangelical
Church for Monday, October 20, 2003, at 1:30 p.m. (APPROVED, 7-0)
Clerk's Letter and Mayor's Approval of ordinances and resolutions
passed by Council on September 15, 2003. (PLACED ON FILE)
Report of City Treasurer of Occupation Tax for the month of August,
2003: VARTEC; Glyphics Communications, Inc. and OCMC, Inc. (PLACED
ON FILE)
Report of City Treasurer of Franchise Tax for the month of August, 2003
from Aquila. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
19) Investment of Funds for the week of September 8
through September 12, 2003. (ADOPTED, 7-0; A-82341)
20) Report of City Treasurer of Telecommunications
Occupation Tax July, 2003: ALYON Technologies, Inc.;
Quantum Shift Communications; T-Netix Telecom Services,
Inc.; IBM Global Services - NS Div., ; United Systems
Access Telecom; Star Number, Inc.; Alltel Systems of
the Midwest, Inc.; Alltel Communications of Nebraska, Inc.;
Alltel Nebraska, Inc.; for the month of August, 2003:
D & D Communications, Inc. and NPCR, Inc. (PLACED ON FILE)
21) Report of Nebraska Department of Road 2004-2009
Surface Transportation Program. (PLACED ON FILE)
ORDINANCES - 1st READING (ITEMS 22 - 24 HAD 1ST READING)
22) 03-148 Change of Zone 3414 - Application of John, Janice,
and Gary VerMaas for a change of zone from P
Public Use District to O-3 Office Park District on
property generally located northeast of the
intersection of Pioneers Boulevard and Highway 2.
(In connection w/03R-250)
Fact Sheet (737K)
23) 03-149 Amending Chapter 8.20 of the Lincoln Municipal
Code to adopt changes to conform the Lincoln Food
Code to new State Food Code.
24) 03-150 Approving a three-year/6,000 hour lease agreement
between the City and Caterpillar Financial
Services Corporation for a 627G Caterpillar
Scraper.
Fact Sheet (46K)
Attachment (204K)
ORDINANCES - 3RD READING
& RESOLUTIONS FOR ACTION
25) 03-137 Approving a Sublease Agreement between the City &
Lincoln Action Program for a sublease of space at
the One Stop Center, 1010 N St., to provide job
training & employment services under the Workforce
Investment Act. (PASSED, 7-0; #18241)
26) 03-138 Amending the pay schedule for a certain employee
group prefixed by the letter E by changing the job
classification of Workers' Compensation Claims
Assistant to Workers' Compensation Claims
Specialist. (PASSED, 7-0; #18242)
Fact Sheet (49K)
27) 03-139 Amending the pay schedule for a certain employee
group prefixed by the letter M by creating the job
classification of Workers' Compensation
Coordinator. (PASSED, 7-0; #18243)
Fact Sheet (47K)
Attachment (67K)
28) 03-140 Amending the pay schedule for a certain employee
group prefixed by the letter A by creating the job
classification of Learning Center Supervisor. (PASSED, 7-0;
#18244)
Fact Sheet (44K)
Attachment (74K)
29) 03-141 Amending the Lincoln Corporate Limits Map by
annexing approx. 1.06 acres of property generally
located at 1501 W. Van Dorn St. (PASSED, 7-0; #18245)
Fact Sheet (661K)
30) 03-142 Change of Zone 3417 - App. of Carlos Lake L.L.C.
for a change from R-2 Residential District to R-T
Residential Transition Dist., on property
generally located at S. 55th St. & South St.
(In connection w/03R-239, 03R-240) (PASSED, 7-0; #18246)
Fact Sheet (720K)
31) 03R-239 Special Permit 638A - App. of Carlos Lake L.L.C.
to expand an existing parking lot in a residential
district on property generally located at S. 55th
St. & South St. (In connection w/03-142, 03R-
240) (ADOPTED, 7-0; A-82342)
Fact Sheet (721K)
32) 03R-240 Use Permit 153 - App. of Carlos Lake L.L.C. to
develop Midtown Business Park consisting of two
5,000 sq. ft. office/medical buildings, with
requested waivers to the allow lots that do not
have frontage or direct access to a public or
private roadway, on property generally located at
S. 55th St. & South St. (In connection w/03-142,
03R-239) (ADOPTED, 7-0; A-82343)
Fact Sheet (784K)
33) 03-143 Amending Sections 26.19.020 & 26.31.010 of the
Lincoln Municipal Code to modify the procedure for
granting modifications of subdivision requirements
& providing an appeal process therefor. (PASSED, 7-0; #18247)
Fact Sheet (137K)
34) 03-144 Approving the License Agreement between the City &
Alltel Communications to locate telecommunications
facilities on a City water tower on property
located at Air Park. (PASSED, 7-0; #18248)
Fact Sheet (43K)
Attachment (628K)
PENDING LIST - DATE CERTAIN
35) 03-130 Amending the Lincoln Corporate Limits Map by
annexing approximately 186.7 acres of property
generally located east of South 84th Street between
Old Cheney Road and Pine Lake Road. (8/25/03 -
Public Hearing Con't. To 1/12/04)
Fact Sheet (974K)
Attachment (31K)
PENDING LIST (EXTENDED ONE WEEK)
36) 00-65 Change of Zone 3196 - App. of the Interim Planning
Director for a change from B-1 Local Business & R-3
Residential to B-2 Planned Neighborhood Business &
from R-3 Residential to AGR Agricultural Residential,
on property generally located at S. Coddington Ave. &
W. Van Dorn St. (In connection w/00-67) (4/17/00
- Placed on Pending) (3/5/01 - Placed on
Pending)
Fact Sheet (1.4M)
37) 00-67 Change of Zone 3247 - App. of the Interim Planning
Director for a change from AGR Agricultural Residential
& R-3 Residential to B-2 Planned Neighborhood Business,
on property generally located on the southwest
corner of S. Coddington Ave. & W. Van Dorn St.
(In connection w/00-65) (4/17/00 - Placed on Pending)
(3/5/01 - Placed on Pending)
Fact Sheet (949K)
38) 01-39 Vacating the south 40' of X St. adjacent to Lot 1,
Block 6, North Lincoln Add., generally located at
N. 9th & X Sts. (4/2/01 - Action delayed for two weeks
to 4/16/01) (4/16/01 - Placed on pending for 3 months
7/16/01) (7/9/01 - To remain on Pending)
Fact Sheet (1.1M)
39) 01-182 Amending Chapter 5.36 of the Lincoln Municipal
Code relating to Peddlers by adding a new section to
prohibit use by peddlers of any truck over 21 feet in
length in any residential zoning district, except for
the purpose of delivery goods. (12/17/01 - Placed on
Pending until 1/14/02) (1/7/02 - To remain on
Pending)
Fact Sheet (4K)
40) 02R-20 Directing submittal to the qualified electors of
the city a proposed Charter amendment to Article IV,
Section 7, to allow the council, by ordinance, to change
the compensation of council members and to provide that
no increase in compensation shall become effective during
the council term in which voted. (2/25/02 - Placed on
pending indefinitely.)
Fact Sheet (4K)
41) 02-31 Vacating a 5' x 30'6" portion of North 7th Street
adjacent to the south 37' of Lot 9, Block 32, Original
Plat of Lincoln, generally located at N. 7th and P Streets.
(3/18/02 - Public Hearing Cont'd. w/3rd Reading)
(3/25/02- Action delayed to 4/8/02) (In connection
w/02R-64) (4/8/02 - Placed on Pending until policy
recommendation from Urban Development)
Fact Sheet (699K)
42) 02-114 Amending Chapter 2.54 of the Lincoln Municipal
Code by adding a new section entitled "Standards of
Ethical Conduct for Employees and Elected Officials"
to supplement the existing conflicts of interest
regulations. (7/29/02 - Placed on Pending until a
committee is formed)
Fact Sheet (4K)
43) 02R-259 Comp. Plan Amendment 02001.A - Application of
Realty Trust Group to amend the 2025 Lincoln-Lancaster
County Comprehensive Plan to change the designation from
Agriculture to Urban Residential and Commercial
uses, on property generally located at the
northeast corner of 84th and Van Dorn Streets.
(11/18/02 - Pending Indefinitely)
Fact Sheet (241K)
44) 03-65 Amending Chapter 4.62 of the Lincoln Municipal Code
to establish a Police and Fire Pension Plan Board of
Trustees to provide oversight and direction with regard
to the investment of the assets of the Police and Fire
Pension Plans. (05/05/03 - Placed on Pending)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, SEPTEMBER 29, 2003 AT 5:30 P.M.: (APPROVED, 7-0, SEE ITEM 57)
45) 03R-250 Use Permit 152 - Application of John, Janice, and
Gary VerMaas to develop 49,900 square feet of
medical, financial, and office floor space, with
waivers to the required front yard setback along
S. 13th Street, sidewalk along Highway 2
south of Pioneers Boulevard, to eliminate the
crown from the pavement cross-section, parking lot
screening along S. 13th Street, and sanitary sewer
flow opposite street grades, on property generally
located northeast of the intersection of Pioneers
Boulevard and Highway 2. (In connection w/03-148)
Fact Sheet (522K)
(PLEASE NOTE: Public Hearing & possible Action on this item (#46) will
be Wednesday, 10/1/03 at 7:00 p.m. at Scott Middle School, Multi-Purpose
Room, 2200 Pine Lake Rd.)
46) 03R-251 Adopting the Southeast Upper Salt Creek Watershed
Master Plan as an approved subarea plan and to
amend the Land Use Plan to designate land as Green
Space or Agricultural Stream Corridor along the
100 year flood prone corridor, on property
generally located between Salt Creek and S. 70th
Street, from Yankee Hill Road to south of Saltillo
Road.
Fact Sheet 1 (1.3MB)
Fact Sheet 2 (1.6MB)
47) 03R-252 Assessing premise clearance costs associated with
the clearing of public nuisances by the Health
Department to the following benefitted properties:
5053 Holdrege Street and 444 N. 27th Street.
Fact Sheet (42K)
Attachment (120K)
48) 03R-253 Authorizing submittal of a grant application to
the Transportation Enhancement Program for the
construction of the Antelope Creek Trail Phase 1
from the dog run in Holmes Park to approximately
86th and Old Cheney Road.
Fact Sheet (41K)
49) 03R-254 Approving the application of the University of
Nebraska-Lincoln for use of the public
right-of-way for the installation of a 4"
telecommunications conduit under a portion of the
abandoned Union Pacific Railroad right-of-way and
North 18th Street to provide optic communication
to the Cushman plant building at 900 N. 21st
Street.
Fact Sheet (57K)
50) 03R-255 Appointing Riek Puok Riek to the Multicultural
Advisory Committee to fill an unexpired term
expiring September 18, 2005.
Application (53K)
51) 03R-256 Appointing Rick Gardner, Brittawni Olson, and
Sitaram Jaswal to the Air Pollution Control
Advisory Board for three-year terms expiring
September 1, 2006.
Fact Sheet (38K)
Application (113K)
52) 03R-264 Reappointing Wayne Heyen, Kevin Horne, and Carol
Swigart to the Air Pollution Control Advisory
Board for three-year terms expiring September 1,
2006.
53) 03R-257 Approving appropriations in the amount of $37,288
from the operation of Keno lottery funds for
various human services.
Fact Sheet (34K)
Attachment (91K)
54) 03R-258 Resolution of Support of a Lancaster County grant
submittal to the Transportation Enhancement
Program for the construction of the Jamaica North
Trail located on the abandoned Union Pacific
Railroad from ½ mile south of Saltillo Road
to J Street and that the City will provide on-
going maintenance for the trail.
Fact Sheet (50K)
55) 03R-259 Approving an Agreement between the City and the
Nebraska Dept. of Roads for the construction of
the Antelope Valley Vine Street Bridge and Roadway
Project (Project No. STPC-5240(3)) and for
eligibility of Federal Funds.
Fact Sheet (62K)
Attachment (514K)
56) 03R-260 Accepting the report of new and pending claims
against the city and approving disposition of
claims set forth therein for the period of
September 1 to 15, 2003.
Fact Sheet (15K)
Attachment (25K)
57) 03R-261 Ordering Ornamental Lighting District No. 286
constructed, being South 20th Street to South 27th
Street, Van Dorn Street to High Street. (P.H. ON 9/29/03
& 10/06/03 WITH POSSIBLE ACTION ON 10/06/03, 7-0)
Fact Sheet (55K)
58) 03R-262 Approving a Contract for Services between the City
and Cornhusker Place for a three-year term to
provide services of chemical testing of breath
samples.
Fact Sheet (38K)
Attachment (187K)
59) 03R-263 Approving a Contract for Services between the City
and Cornhusker Place for a three-year term to
provide protective custody services.
Fact Sheet (34K)
Attachment (281K)
Please note: During the open microphone & registered section of
the agenda, individuals are allowed a total of 5 minutes to speak
whether registered or not regardless of number of topics.
ANY PERSON DESIRING TO HAVE THEIR NAME & SUBJECT MATTER LISTED
ON THE FORMAL AGENDA PERTAINING TO MATTERS NOT ON THE
CURRENT AGENDA, OR NOT SCHEDULED TO APPEAR ON A FUTURE
AGENDA, SHOULD NOTIFY THE CITY CLERK BY 10:00 A.M. ON THE
WEDNESDAY (9/24/03) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (9/29/03).
ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS
AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA, MAY
DO SO AT THIS TIME.
ADJOURNMENT - 5:35 P.M.
History