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City Council Heading City Letter Head
        ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, JULY 1, 2002, AT 1:30 P.M.

                     ALL MEMBERS PRESENT

PUBLIC HEARING
LIQUOR RESOLUTIONS 

1)   Exhibit   Manager application of Marjorie I. Tyler for West "O" PNP Inc.
      167K     dba "Petro Sport" located at 2000 West "O" Street. (ADOPTED FOR 
               APPROVAL, 7-0; A-81568)

PUBLIC HEARING ORDINANCES - 2nd READING - (ITEMS 2-13 HAD PUBLIC HEARING) 

2)   02-91     Repealing Ordinance 16807 which created Alley Paving District 
               #351 in the north/south alley, 28th to 29th St., N St. north
               to the north property line of Lot 7 and Lot 10, Block 6,
               East Lincoln, for lack of a majority petition. 
               Fact Sheet (40K); Map (43K)

3)   02-92     Repealing Ordinance 16808 which created Alley Paving District
               #352 in the east/west alley between Havelock Ave. and Platte
               Ave., 64th St. to 65th St., for lack of a majority petition.
               Fact Sheet (43K); Map (45K)

4)   02-93     Repealing Ordinance 17060 which created Alley Paving District #353
               in the east/west alley between Holdrege Street and Starr Street,
               34th east approximately 250 feet, for lack of a majority
               petition. Fact Sheet (43K); Map (45K)

5)   02-94     Repealing Ordinance 17183 which created Alley Paving District #354
               in the east/west alley between Holdrege St. and Starr St., 32nd to
               33rd Streets, for lack of a majority petition. Fact Sheet (43K);
               Map (47K)

6)   02-95     Repealing Ordinance 17312 which created Paving District #2614
               in W. S Street, N. Coddington to N.W. 20th St., which was
               constructed under Executive Order 53178. Fact Sheet (43K);
               Map (49K)
							
7)   02-96     Repealing Ordinance 17772 which created Paving District #2619
               in Gladstone St., 35th to 36th Sts. and 36th St. from Gladstone
               to Hartley Street, for lack of a majority petition. Fact Sheet (43K)
               Map (28K)               

8)   02-97     Repealing Ordinance 17133 which created Paving District #2607 
               in W. Chesapeake Cir.from N.W. 57th St., west approximately 162
               feet, for lack of a majority petition. Fact Sheet (43K); Map (35K) 

9)   02-98     Repealing Ordinance 17925 which created Repaving District #152 
               in Saunders Ave., Springfield Dr. to 12th St., for lack of a
               majority petition. Fact Sheet (43K); Map (34K)

10)  02-99     Repealing Ordinance 16753 which created Ornamental Lighting
               District #281 in Green Prairie Heights, Green Prairie 3rd 
               Addition, for lack of a majority petition. Fact Sheet (43K);
               Map (35K)

11)  02-100    Amending the Corporate limits of the City by annexing approximately
               78.153 acres of property generally located at S. 56th Street 
               and Union Hill Road. (In connection w/02-101, 02-102, 02R-140,
               02R-141, 02R-142, 02R-143) Fact Sheet (282K)

12)  02-101    Change of Zone 3338 - Application of Thompson Creek L.L.C. for a 
               change of zone from AG Agricultural to R-3 Residential on property
               generally located east of S. 56th Street and Union Hill Road.
               (In connection w/02-100, 02-102, 02R-140, 02R-141, 02R-142,
               02R-143) Fact Sheet (333K) 

13)  02-102    Change of Zone 3339 - Application of Thompson Creek L.L.C. for a 
               change of zone from AG Agricultural to O-3 Office Park on
               property generally located east of S. 56th Street and Union
               Hill Road. (In connection w/02-100, 02-101, 02R-140,
               02R-141, 02R-142) Fact Sheet (330K)

PUBLIC HEARING - RESOLUTIONS

14)            Application of St. John's Catholic Church at 7601 Vine Street to 
               conduct a lottery within the City of Lincoln from July 3, 2002
               through September 15, 2002. (ADOPTED, 7-0; A-81569)

15)  02R-127   Special Permit No. 1952 - Application of Robert Beck, Kit Dimon, 
               Diane Oldfather, Zane and Ethel Fairchild, Alan and Jacqueline
               Embury, Vincent and Janice Goracke, and Herbert and Barbara Griess
               to develop Hawkswood Estates 1st Addition Community Unit Plan
               consisting of 28 dwelling units and a church on property 
               generally located at S. 70th Street and Old Cheney Road. (In 
               connection w/02R-128)  (6/17/02 - Public hearing &
               action delayed for two weeks to 7/1/02) Fact Sheet (409K)
               (ADOPTED, 7-0; A-81570)

16)  02R-128   Accepting and approving the preliminary plat of Hawkswood Estates
               1st Addition, including waivers of the required sidewalks on one 
               side of the streets, pedestrian way easements on blocks longer
               than 1,000 feet, maximum block length, and the 3 to 1 depth to 
               width ratio, on property generally located at S. 70th Street and 
               Old Cheney Road. (In connection w/02R-127) (6/17/02
               - Public hearing & action delayed for two weeks to 7/1/02)
               Fact Sheet (369K)(ADOPTED, 7-0; A-81571)         

17)  02R-138   Waiving the design standard conditions for the installation of 
               required improvements for Silver Springs 4th Addition final plat,
               including grading of Liberty Court, rock, gravel, seeding, and one
               street name sign, on property generally located at Dawn Drive
               and Liberty Lane. Fact Sheet (316K) (ADOPTED, 7-0; A-81572)

18)  02R-139   Accepting the report of new and pending claims against the City 
               and approving disposition of claims set forth therein for the 
               period of June 1 - 15, 2002. Fact Sheet (5K), Exhibit A (29K)
               (PEEK CLAIM DELAYED FOR ONE WEEK TO 7-8-02, 7-0; ADOPTED
               AS AMENDED, 7-0; A-81573)

19)  02R-140   Special Permit 1930 - Application of Thompson Creek L.L.C. to 
               develop Thompson Creek Community Unit Plan for 352 dwelling 
               units with waivers of the required lot area for single family 
               dwellings, lot width, allowing multiple family dwellings with
               a height of 40', and waivers of front, side, and rear setbacks, 
               on property generally located east of S. 56th Street and Union 
               Hill Road. (In connection w/02-100, 02-101, 02-102, 02R-141, 
               02R-142, 02R-143) Fact Sheet (614K)(ACTION DELAYED FOR ONE WEEK
               TO 7/8/02, 7-0)

20)  02R-141   Accepting and approving the preliminary plat of Thompson Creek 
               for 285 lots and 8 outlots with waivers of the required depth-
               to-width ratios, intersection platforms, perpendicular side lot
               lines, and sanitary sewer depth, on property generally located 
               east of S. 56th Street and Union Hill Road. (In connection  
               w/02-100, 02-101, 02-102, 02R-140, 02R-142, 02R-143)
               Fact Sheet (616K) (ACTION DELAYED FOR ONE WEEK TO 7/8/02, 7-0)

21)  02R-142   Use Permit 141 - Application of Thompson Creek L.L.C. to develop 
               69,000 sq. ft. of office space and 21 dwelling units, with 
               waivers of setback requirements, reduction of parking requirement
               for the live/work units, and to reduce the required open space 
               for dwellings, on property generally located east of S. 56th 
               Street and Union Hill Road. (In connection w/02-100, 02-101, 
               02-102, 02R-140, 02R-141, 02R-143) Fact Sheet (526K)
               (ACTION DELAYED FOR ONE WEEK TO 7/8/02, 7-0)

22)  02R-143   Approving Thompson Creek Conditional Annexation and Zoning Agreement 
               between the City and Thompson Creek L.L.C. relating to the 
               annexation of approximately 78.153 acres of property generally  
               located at S. 56th Street and Union Hill Road. (In connection  
               w/02-100, 02-101, 02-102, 02R-140, 02R-141, 02R-142) (Request
               of Law Dept. to con't. p.h. to 7/8/02)
               Thompson Creek Conditional Annexation and Zoning Agreement
               (CON'T. P.H. AND ACTION FOR ONE WEEK TO 7/8/02, 7-0)

                 - END OF PUBLIC HEARING - 

PETITIONS & COMMUNICATIONS

23)            Setting the hearing date of Mon., July 15, 2002 at 1:30 p.m. for 
               the application of Bodega's Alley, Inc., dba Bodega's Alley to 
               add 4' addition to the west of the outdoor area, located at 1418 
               "O" Street. (ADOPTED, 7-0; A-81574)

24)            Informal Petition for creation of a Paving District for a portion 
               of existing road between 6310 North 56th Street to 6520 North 56th
               Street, submitted by Marvin Schmidt. (REFERRED TO PUBLIC WORKS
               DEPT.)

25)  MISCELLANEOUS REFERRALS

	       Investment of Funds for June 17 to June 21, 2002. (ADOPTED, 7-0; 
         A-81575)

               Resetting the hearing date of Monday, July 8, 2002
               at 1:30 p.m. on the application of Mission 3,
               L.L.C. dba U-Stop for a Class D liquor license,
               located at 110 West "O" Street. (ADOPTED, 7-0; A-81576)

               Setting the hearing date of Monday, July 15, 2002
               at 1:30 p.m. on the application of Pinelake II,
               L.L.C. dba The C Station for a Class D liquor
               license located at 1401 Pine Lake Road. (ADOPTED, 7-0; A-81577)

               Clerk's Letter & Mayor's Approval of Ordinances &
               Resolutions passed at the Council Meeting of June
               24, 2002. (PLACED ON FILE)

               Quarterly Financial Report of LES for the
               period of January 1 through March 31, 2002. (PLACED ON FILE)

               2001 Annual Report of the Lincoln Police Dept. (PLACED ON FILE)

               Four Formal Paving Petitions for Re-Paving
               District No. 155 on West Charleston and 1st Street
               West, signed by Lorrie Kennel, Monte Froehlich,
               Tom Caltagirone, and Robert White. (REFERRED TO LAW DEPT.)

REPORTS OF CITY OFFICERS 

26)            Approving distribution of funds representing interest earnings 
               on short-term investments of Idle Funds for the month ending 
               May 31, 2002. (ADOPTED, 7-0; A-81578)

27)            Report from City Treasurer of Telecommunication Occ. tax for the 
               month of May, 2002: ATS Mobile Telephone Co., Inc., WorldXchange
               Corp., Nextel West Corp., I-LINK Communications, Inc., Big
               Planet, Inc., Zone Telecom, Inc., Long Distance of Michigan, Inc., 
               Association Administrators, Inc., XO Long Distance Services, Inc.,
               and Single Billing Service, Inc. (PLACED ON FILE)

ORDINANCES - 1ST READING (ITEMS 28-29 HAD 1ST READING)

28)  02-103    Amending the pay schedules for certain employee groups by  
               creating the classification of Athletic Fields Technician in 
               Class Code 5523.

29)  02-104    Amending the pay schedules for certain employee groups by 
               creating the classification of Assistant City Engineer in Class 
               Code 2021; and by creating the classification of Assistant Fire 
               Chief in Class Code 3002.

ORDINANCES - 3RD READING

30)  02-74     Creating Water District No.1188 for a 6" water main in Mockingbird 
               Lane, 14th Street west approximately 2,300 feet, and north
               approximately 590 feet in Colonel Densmore Park, and approving 
               assessment of the cost thereof to the benefitted properties.
               Fact Sheet (6K) (LOST, 0-7, #38-4405)

31)  02-75     Creating Alley Paving District No. 362 in the north/south alley 
               from 54th Street to 56th Street, Cleveland to Adams Streets, and
               approving assessment of the cost thereof to the benefitted 
               properties. Fact Sheet (6K) (PASSED, 7-0; #18016)

32)  02-77     Creating Ornamental Lighting District No. 286 in the Lincoln 
               Country Club area from approximately S. 27th Street on the east to
               S. 20th Street on the west, Van Dorn on the north to High Street 
               on the south, and approving assessment of the cost thereof to
               the benefitted properties. Fact Sheet (6K) (PASSED, 6-1, 
               MCROY DISSENTING; #18017)

33)  02-83     Vacating a portion of North 67th Street between the north line 
               of Seward Avenue and a point located 150.0 feet north thereof.
               Fact Sheet (1M) (PASSED, 7-0; #18018)

34)  02-84     Approving a Sublease Agreement between the City of Lincoln and 
               DAS/State Building Division on behalf of Nebraska Workforce
               Development, Department of Labor, for providing job training 
               and employment services under the Workforce Investment Act. 
               (PASSED, 7-0; #18019)

35)  02-85     Approving a Sublease Agreement between the City of Lincoln and 
               Dynamic Education Systems, Inc. for providing job training and
               employment services under the Workforce Investment Act. 
               (PASSED, 7-0; #18020)

36)  02-87     Approving a Sublease Agreement between the City of Lincoln and 
               Indian Center, Inc. for providing job training and employment
               services under the Workforce Investment Act. Fact Sheet (205K)
               (PASSED, 7-0; #18021)

37)  02-90     Approving a transfer of appropriations within the Capital 
               Improvement Program for various Parks & Recreations Dept. projects.
               Fact Sheet (80K) 
               (PASSED, 7-0; #18022)

PENDING LIST     (EXTENDED ONE WEEK - SEE ITEM #53) 

38)  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)

39)  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)

40)  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. 
               (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)

41)  01-66     Change of Zone 3315 - App. of Phil and Mary Durst for a change 
               from R-4 Residential to I-1 industrial on property generally 
               located at South 1st and L Streets. (4/23/01 - Placed on
               Pending; P.H. Cont'd.) Fact Sheet (997K), Photo's (618K),
              Photo's (664K), Drawings (2.2M), Photo's (1.4M)

42)  00-177    Vacating a portion of N. 60th St. from Seward Ave. south 142 ft.  
               (10/16/00 - Placed on Pending) (10/8/01 - To have P. H. & action 
               10/15/01) (10/15/01 - Delayed 2 weeks to 10/29/01) (10/29/01- 
               Placed on pending indefinitely) Fact Sheet (16K)

43)  01-150    Creating paving District 2623 in N.W. 27th Street from 
               approximately West O Street north to the Interstate bridge 
               and assessing the cost thereof against the benefitted property.
               (11/19/01 - Reconsidered & placed on pending) Fact Sheet (26K), 
               Attachment (93K)

44)  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 - Remain on Pending)
               Fact Sheet (4K)

45)  02-22     Amending Chapter 2.65 of the Lincoln Municipal Code relating to  
               the Police and Fire Pension Plan - Plan "B" to provide for a 
               one-time increase to Police and Fire Pension Retirees and 
               Deferred Annuitant Retirees scheduled to receive a monthly 
               pension payment. (2/25/02 - Placed on Pending)

46)  02-23     Amending Chapter 2.66 of the Lincoln Municipal Code relating to  
               the Police and Fire Pension Plan - Plan "C" to provide for a  
               one-time increase to Police and Fire Pension Retirees and 
               Deferred Annuitant Retirees scheduled to receive a future monthly
               pension payment. (2/25/02 - Placed on Pending)

47)  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)

48)  02-33     Amending Section 10.48.110 of the Lincoln Municipal Code relating  
               to bicycles to require lights on the front and rear of bicycles  
               operated on the streets of Lincoln between one-half hour after  
               sunset and one-half hour before sunrise. (3/25/02 - Pending)
               Motion to Amendment

49)  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 - Pending until policy recommendation
               from Urban Development) Fact Sheet (699K)

50)  02-39     Establishing a retirement incentive program for City employees who 
               meet certain age & service criteria. (In connection w/02R-63)  
               (3/25/02 - P.H. delayed to 4/15/02) (Request 2nd & 3rd Reading
               w/Emergency Clause) (4/15/02-Pending Indefinitely, w/P.H.
               & 2nd Reading when Bill brought forward)

51)  02R-63    Approving a transfer of appropriations from existing re-appropri-
               ations for budgets in various departments for the funding of the 
               retirement incentive program as set forth in Bill No. 02-39.
               (In connection w/02-39) (3/25/02 - P.H. delayed to 4/15/02) 
               (4/15/02 - Pending Indefinitely w/P.H. when Bill brought forward)

52)  02-58     Creating Improvement District No. 183 in S.W. 8th Street from West  
               C Street to Hanneman Drive and assessing the cost thereof to the 
               benefitted properties (5/20/02 - Placed on Pending)
               Fact Sheet (25K)

53)  02-72     Amending Chapter 5.04 of the Lincoln Municipal Code relating to  
               Alcoholic Liquor by amending Section 5.04.062 to provide that 
               misrepresentations and/or omissions on applications for special 
               designated licenses shall constitute grounds for denial or
               cancellation of such license; amending Section 5.04.064 to
               provide additional requirements and limitations for special 
               designated licenses requesting hours of operation for one or 
               more licenses any time between 12:01 a.m. the day of any 
               University of Nebraska home football game through 6:30 a.m. 
               the following day and to provide an exception to the requirements  
               for state government application and providing an effective date 
               of 6/1/03. (6/3/02 - Placed on Pending indefinitely) (REMOVE FROM
               PENDING FOR P.H. ON 7/15/02, 6-0, WERNER ABSENT)

54)  02-86     Approving a Lease Agreement between the City,the County, and the 
      not      Public Building Commission for parking facilities and approving
   available   the issuance of Bonds by the Commission in an amount not to exceed
    online     $11,000,000 for the purpose of refunding certain outstanding Bonds 
               of the Commission and paying the costs of such parking facilities.
               (P.H. Con't. to 7/8/02 w/vote on 7/15/02)

WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING ON 
   JULY 8, 1:30 P.M.:

   NONE

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 (7/3/02) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (7/8/02).

     April Kringel, 5100 W. Craw            Topic: Fence or guardrail over
                                                   culvert at 5108 W. Craw
     (NEIL KRINGEL, HUSBAND OF APRIL KRINGEL, CAME FORWARD TO DISCUSS THIS TOPIC.
     CITY ATTORNEY ADVISED HIM TO SPEAK TO THIS TOPIC IN GENERAL TERMS ONLY,  
     SINCE THERE IS A PENDING LAWSUIT.)

     Aaron Peeks, 5025 Vine St., Apt. 714   Topic: Appeal of Ticket & Tow
     (MR. PEEKS CAME FORWARD ON THIS ITEM #18 AND SPOKE TO HIS CLAIM BEING DENIED.)

ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS AGENDA, OR NOT 
   SCHEDULED TO APPEAR ON A FUTURE AGENDA, MAY DO SO AT THIS TIME.

ADJOURNMENT - 3:35 P.M.
                       
                

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