ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 6, 2003, AT 1:30 P.M.
ALL MEMBERS PRESENT
There will be no Council Meeting the week of January 20, 2003,
due to the Martin Luther King holiday
NOTE: THE BOARD OF EQUALIZATION ON SPECIAL ASSESSMENT DISTRICTS
WILL RECONVENE AT 1:30 P.M. IMMEDIATELY PRIOR TO THE REGULAR CITY
COUNCIL MEETING OF JANUARY 6, 2003
1) Exhibit Manager application of Adam Shafran for CEC Entertainment, Inc.
166K dba "Chuck E Cheese's" at 221 N. 66th Street. (ADOPTED FOR
APPROVAL, LOST, 0-7, #38-4430; ADOPTED FOR DENIAL, 7-0; A-81865)
ORDINANCES - 2nd READING (ITEM 2 HAD 2ND READING)
2) 02-188 Repealing Ordinance No. 17924 which created Paving District No.
2622 in N. 67th Street between Y and X Streets. Fact Sheet (6K)
PUBLIC HEARING - RESOLUTIONS
3) 02R-298 Appointing Sam J. Beutler and Colby R. Collura to the Parks and
Recreation Advisory Board for one-year terms expiring June 30, 2003.
Fact Sheet (35K) (ADOPTED, 7-0; A-81866)
4) 02R-303 Reappointing Karen Kilgarin and Kim Todd to the Nebraska Capitol
Environs Commission for three-year terms expiring January 9, 2006.
(ADOPTED, 7-0; A-81867)
5) 02R-304 Reappointing Jim Langtry, Maura Kelly-Tolzin, and Shannon Ideus
to the Government Access and Information Committee for one-year
terms expiring January 1, 2004, and reappointing James Lamphere
for a two-year term expiring January 1, 2005. (ADOPTED, 7-0; A-81868)
6) 02R-308 Approving the appointment of Ron Melbye to the Lincoln Electric
System Advisory Board for a three-year term to expire December 31,
2005. Fact Sheet (31K) (ADOPTED, 7-0; A-81869)
7) 02R-299 Use Permit No. 140A - Application of Menard, Inc. to modify the
parking layout and add an outdoor garden sales area, and to waive
the required parking spaces from 877 stalls to 729 stalls, on
property generally located at 91st Street and Highway 2.
Fact Sheet (577K) (ACTION & P.H. DELAYED FOR ONE WEEK TO 01/13/03,
8) 02R-300 Adopting Minimum Standards Required of Animal Rescue Organizations
and Foster Homes required by the adoption of Section 6.04.235 of
the Lincoln Municipal Code relating to Animal Rescue Organizations.
(ADOPTED, 7-0; A-81870)
9) 02R-301 Ordering Water District No. 1189 constructed in
N.W. 23rd Street, West Q to West O Streets. Fact Sheet (5K)
(ADOPTED, 7-0; A-81871)
10) 02R-302 Ordering Sewer District No. 1178 constructed in
N.W. 23rd Street, West Q to West O Streets. Fact Sheet (5K)
(ADOPTED, 7-0; A-81872)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
11) Setting the hearing date of Monday, January 13, 2003 at 1:30 p.m.
for the Application of American Heart Association to conduct two
raffles in the City of Lincoln on February 14th and November 22,
2003. (APPROVED, 7-0)
12) Setting the hearing date of Monday, January 27, 2003 at 5:30 p.m.
for the application Lamp and McTaggart, Inc. dba Fat Nappy's for
a Class I liquor license located at 5100 No. 48th Street.
(ADOPTED, 7-0; A-81873)
13) Setting the hearing date of Monday, January 27, 2003 at 5:30 p.m.
for the Manager application of Gary D. Ebeler for Nash Finch Co.
dba Sun Mart #25 located at 1340 West "O" Street. (ADOPTED, 7-0;
14) Setting the hearing date of Monday, January 27, 2003 at 5:30 p.m.
for the Manager application of Jeff L. Kephart for Gateway Bowl
Corp dba Gateway Bowl located at 333 North Cotner. (ADOPTED, 7-0;
15) Setting the hearing date of Monday, January 27, 2003 at 5:30 p.m.
for the Manager application of Matthew T. Ludwig for Hy Vee Inc.
dba Hy Vee #2 located at 2343 N. 48th Street. (ADOPTED, 7-0;
16) Setting the hearing date of Monday, January 27, 2003 at 5:30 p.m.
for the Manager application of Timothy S. Thoreson for DHABS LLC
dba Rococo Theatre located at 140 N. 13th Street. (ADOPTED, 7-0;
17) Setting the hearing date of Monday, January 27, 2003 at 5:30 p.m.
for the Manager application of Jeffrey L. Graff for Brinker
Restaurant Corporation dba Romano's Macaroni Grill located at
6800 S. 27th Street. (ADOPTED, 7-0; A-81878)
The following were referred the to Planning Dept.:
18) Change of Zone 3290 - Application of Schmidt-Gebbie Enterprise,
LLC for a change of zone AGR & R-1 to R-3 of Lot 1, Sheldon Heights
Addition generally located at Frontier Rd. and Old Cheney Rd.
19) Change of Zone 3362 - Application of Ridge Development Co. and
J.T.S. Enterprise LLC for a change of zone from AG to R-3 on
property generally located at South 56th Street and Cavvy Road.
20) Change of Zone 3386 - Application of Gary & Carolyn Christensen
for a change of zone from H-3 to I-1 on property generally located
at 401 So. Coddington Avenue.
21) Special Permit 1610C - Application of Joyce-Hinkley Limited
Partnership to modify the setback requirements for two as built
accessory garages on property generally located at 5700 Fremont
22) Special Permit 1968 - Application of Brian D. Carstens on behalf of
Carrol C. Ketelhut Irrevocable Trust to develop 8 single family
acreage lots on property generally located at South 112th Street and
23) MISCELLANEOUS REFERRALS
Investment of Funds for December 23 thru December 27, 2002.
(ADOPTED, 7-0; A-81879)
Setting the Hearing Date of Monday, January 13, 2003 at 1:30 p.m.
for App. of Lincoln Thunder Baseball Club to conduct a raffle in
the City of Lincoln January 14 through March 31, 2003.
Formal Ornamental Lighting Petition for Ornamental Lighting
District #286 from 27th Street to 20th Street, Van Dorn Street
to High Street, submitted by Arthur & Hazel Pierce. (REFERRED
TO LAW DEPT.)
Formal Paving Petition for Paving District 2624 for frontage road
which parallels north Highway 77 from Holland Road south approxi-
mately 1375 feet, submitted by Walter M. Price. (REFERRED TO
Informal Petition for Paving District on South Coddington from West
"O" South to Burlington Northern Railroad, submitted by Richard P.
Onnen, representing Gary Christensen. (REFERRED TO PUBLIC WORKS)
Petition to Vacate that part of X Street beginning on the West line
of X Street at the intersection of X Street and North 10th Street,
then proceeding East to a point that is no closer than 35 feet from
the centerline of the Northerly (Westbound) Main line track of the
Burlington Northern and Santa Fe Railway Co., submitted by Don
Bratton, Agent for The Burlington Northern and Santa Fe Railway Co.
(REFERRED TO LAW DEPT.)
Report from City Treasurer of Telecommunication Tax for the month
of November, 2002: XO Long Distance Services, Inc., Trans National
Communications Int'l. Inc., Working Assets Funding Service, Inc.,
On Star Corp., Virgin Mobile USA, ACN Communications Services,
Inc., Teligent SVCS, Inc., Primus Telecommunications, Inc.,
Broadwing Telecommunications Inc., Intellicall Operator Services,
United Systems Access Telecom, Inc., Qwest Communications Corp.,
Global Crossing Telecommunications, Inc., Cricket Communications,
Inc., AT&T Communications of Midwest, Touch America, Inc., Nebraska
Technology Telecommunications, Inc., Excel Telecommunications, Inc.,
MCI WorldCom Network Service, Inc., Spring Communication Company
Limited Partnership, Sprint Spectrum, L.P., Network Billing
Systems, L.L.C., Telco Development Group De Inc., USA Paging,
L.L.C., Alltel Communications of Nebraska, Inc., Alltel Systems of
the Midwest, Inc., and Alltel Nebraska Inc. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
24) Clerk's Letter and Mayors Approval of Ordinances and Resolutions
passed by Council on December 16, 2002. (PLACED ON FILE)
25) Investment of Funds for the week of December 9 thru December 13,
2002. (ADOPTED, 7-0; A-81880)
26) Investment of Funds for the week of December 16 thru December 20,
2002. (ADOPTED, 7-0; A-81881)
27) Approving Distribution of Funds representing interest earnings on
short term investments of Idle Funds during the month ended
November, 2002. (ADOPTED, 7-0; A-81882)
28) Request of Public Works to set public hearing date of Monday,
January 27, 2003, 5:30 p.m. to provide authority to construct new
sidewalks at various locations within the City of Lincoln and assess
the cost thereof against the benefitted property.
(Requires a motion) (APPROVED, 7-0)
29) Report of Lincoln Electric System Quarterly Financial Report of
July - September, 2002. (Placed on file)
30) Report of Aquila of Franchise Tax for the month of November, 2002.
(Placed on file)
31) Report from City Treasurer of Telecommunication Tax for the month
of July, 2002: United Systems, Access Telecom, Inc.; for the month
of November, 2002: Operator Communications, Inc., Nextel West Corp.,
ATS Mobile Telephone Co., Inc., Globalcom, Inc., Tri-M Communi-
cations, Inc., NOS Communications, Inc., RSL COM USA, Inc., Comdata
Telecommunications, Inc., Lightyear Communications, Inc., NOSVA
Limited Partnership, LDMI Telecommunications, Inc., Association
Administrators, Inc., Zone Telecom, Inc., GTC Telecom, Inc.,
Affinity Network, Inc., ATT Wireless PCS, LLC, WWC License LLC,
Norstan Network Services, Inc., Guaranteed Phone Service,
WorldXchange Corp., Big Planet, Inc. McLeod USA Telecommunications
Services, Inc., Western Union Communications, Inc., VarTec Telecom,
Inc., NPCR, Inc., and OCMC, Inc. (Placed on file)
Items 32 - 79