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City Council Heading City Letter Head
        ACTION FROM REGULAR CITY COUNCIL MEETING HELD
              MONDAY, FEBRUARY 3, 2003, AT 1:30 P.M.

                       ALL MEMBERS PRESENT
                            
THERE WILL BE NO COUNCIL MEETING THE WEEK OF FEBRUARY 17, 2003


PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE

PUBLIC HEARING 
ORDINANCES - 2nd READING (ITEMS 1-7 HAD PUBLIC HEARING, SEE ITEMS 6 & 7)

1)  03-16      Vacating the north-south alley from the north line of L Street to
                    the vacated east-west alley in Block 84, Original Plat of Lincoln,
                    generally located at 8th and L Streets.b Fact Sheet (175K)
       
2)  03-17      Declaring approximately 3,225 square feet of the Haymarket Parking
                    Garage property located at 9th and Q Streets as surplus and
                    authorizing the sale thereof. Fact Sheet (152K)

3)  03-18      Declaring approximately 18,150 square feet of property generally
                    located at South 6th and Peach Streets as surplus and authorizing
                    the sale thereof. Fact Sheet (539K)

4)  03-19      Declaring approximately 9,456 square feet of property generally
                    located at South 40th and Randolph Streets as surplus property and
                    authorizing the sale thereof. Fact Sheet (152K)

5)  03-20      Declaring approximately 6.84 acres of property generally located
                    at 6400 West Bennet Road as surplus property and authorizing the
                    sale thereof. Fact Sheet (153K)

6)  03-21      Amending the corporate limits of the City by annexing approximately
                    39.9 acres of property generally located at northwest of the
                    intersection of South 84th Street and Highway 2. (In connection
                    w/03-22, 03R-25, 03R-26, 03R-27) Fact Sheet (257K)
                    (P.H. CON'T. w/3RD READING IN ONE WEEK ON 2/10/03, 6-0, CAMP ABSENT FOR VOTE)

7)  03-22      Change of Zone 3373 - Application of Pine Lake Development, L.L.C.
                    for a change of zone from AGR Agricultural Residential to R-3
                    Residential and O-3 Office Park on property generally located
                    northwest of the intersection of South 84th Street and Highway 2.
                    (In connection w/03-21, 03R-25, 03R-26, 03R-27) Fact Sheet (298K)
                    (P.H. CON'T. w/3RD READING IN ONE WEEK ON 2/10/03, 6-0, CAMP ABSENT FOR VOTE)

PUBLIC HEARING - RESOLUTIONS

8)   03R-22       Appointing Patricia A. McManus to the Lincoln
                         Electric System Administrative Board for a
                         three-year term expiring December 31, 2005. Fact Sheet (79K)
                         (ADOPTED, 7-0; A-81919)

9)   03R-23      Appointing Dao T. Tran to the Charter Revision
                         Commission for a four-year term expiring July 15, 2007. Fact Sheet (34K)
                         (ADOPTED, 7-0; A-81920)

10)  03R-24      Authorizing the use of the public right-of-way
                         adjacent to the property at 311 N. 8th Street for
                         the installation of a public stairwell. Fact Sheet (25K)
                         (AMENDED, 7-0, ADOPTED AS AMENDED, 7-0; A-81921)

11)  03R-25      Approving an Annexation Agreement between Pine
                         Lake Development L.L.C., Stanley L. Portsche and
                         Grace A. Portsche, Mid-American Union Conference
                         Association of Seventh Day Adventists, and the
                         City of Lincoln outlining certain conditions and
                         understandings with regards to the annexation of
                         approximately 41 acres of property generally
                         located west of 84th Street and north of Highway 2.
                         (In connection w/03-21, 03-22, 03R-26, 03R-27) 
                         Fact Sheet (10K), Attachment (25K)
                         (ACTION & P.H. CON'T. ONE WEEK TO 2/10/03, 6-0, CAMP ABSENT FOR VOTE)

12)  03R-26      Accepting and approving the preliminary plat of
                         Pine Lake Plaza for nine residential lots, 12 lots
                         for office/commercial and three outlots, with
                         waivers to the required intersection platforms,
                         non-radial or perpendicular side lot lines,
                         reconstruction of Pine Lake Road to urban section,
                         turning lane depth, sewer system running opposite
                         street grades and deeper than standards,
                         sidewalks, maximum block length, and pedestrian
                         way easement, on property generally located
                         northwest of the intersection of South 84th Street
                         and Highway 2.(In connection w/03-21, 03-22,
                         03R-26, 03R-27) Fact Sheet (814K)
                         (ACTION & P.H. CON'T. ONE WEEK TO 2/10/03, 6-0, CAMP ABSENT FOR VOTE)

13)  03R-27      Use Permit 145 - Application of Pine Lake
                         Development L.L.C. to develop 192,900 square feet
                         of office and commercial floor space, with a
                         waiver of minimum yard requirements, on property
                         generally located northwest of the intersection of
                         South 84th Street and Highway 2.(In connection
                         w/03-21, 03-22, 03R-25, 03R-26) Fact Sheet (737K)
                         (ACTION & P.H. CON'T. ONE WEEK TO 2/10/03, 6-0, CAMP ABSENT FOR VOTE)

14)  03R-28      Use Permit 43B - Application of Stockwell Office
                         Park Association to modify the sign plan of
                         Stockwell Office Park to decrease the sign area of
                         the permitted sign at the 14th Street vehicular
                         entrance and to increase the area and height of
                         the permitted sign adjacent to Lot 5, near S. 13th
                         Street. Fact Sheet (323K)
                         (LOST, 2-5, CAMP & SVOBODA ASSENTING; #38-4432)

15)  03R-29      Approving a waiver of the design standards for
                         ornamental street lighting in the Cather Addition
                         administrative final plat on property generally
                         located at North 27th Street and Cather Road. Fact Sheet (199K)
                         (ADOPTED, 7-0; A-81922)
 
16)  03R-30      Special Permit 1610C - Application of Joyce-
                         Hinkley Limited Partnership to adjust the front
                         yard from 20 feet to 19.5 feet for the
                         southernmost garage along North 58th Street, and
                         to revise the rear yard setback to 4.5 feet for
                         the westernmost garage along the north lot line,
                         on property generally located at 57th and Fremont
                         Streets. Fact Sheet (330K)
                         (PLACED ON PENDING, 5-2, MCROY & SENG DISSENTING)

17)  03R-31      Accepting the report of new and pending claims
                         against the City and approving disposition of
                         claims set forth therein for the period of January
                         1 - 15, 2003. Fact Sheet (5K), Attachment (32K)
                         (ADOPTED, 7-0; A-81923)

18)  03R-32      Approving the reappointment of Dana W. Roper as
                         City Attorney for a two-year term expiring January 18, 2005. 
                         (ADOPTED, 7-0; A-81924)

                 - END OF PUBLIC HEARING -


PETITIONS & COMMUNICATIONS 

19)                     Report from City Treasurer of Telecommunication
                         Tax for the months of July, August & September, 2002:
                         AmeriVision Communications, Inc.; the months of October &
                         November, 2002: Alltel Communications of Nebraska,
                         Inc.; the months of Oct., Nov., & Dec., 2002:
                         Claricom Networks, Inc., Matrix Telecom, Touch 1
                         Communications, Inc.; the month of December, 2002:
                         GTC Telecom, Inc., LDMI Telecommunications, Inc.,
                         Business Telecom, Inc., NPCR, Inc., ATS Mobile
                         Telephone Co., Inc., Operator Communications,
                         Inc., OCMC, Inc., Lightyear Communications, Inc.,
                         COMDATA Telecommunications, Inc., Glyphics
                         Communications, Inc., Tri-M Communications, Inc.,
                         NOS Communications, Inc., RSL COM USA, Inc.,
                         Globalcom, Inc., AT&T Wireless, USA Paging, LLC,
                         VARTEC, ZONE Telecom, Inc., I-LINK Communications,
                         Inc., WorldXchange Corp., Big Planet, Inc.,
                         Association Administrators, Inc., Affinity
                         Network, Inc., ATT Wireless PCS LLC, Western Union
                         Communications, Inc., Nextel West Corp., WWC
                         License, LLC., Sprint Communication Company
                         Limited Partnership, Network Billing Systems,
                         LLC., Guaranteed Phone Service, Norstan Network
                         Services, Inc., Sprint Spectrum, L.P., Telco
                         Development Group De Inc., NOSVA Limited
                         Partnership, and Excel Telecommunications, Inc. (PLACED ON FILE)


20)  MISCELLANEOUS REFERRALS

                         Approving the distribution of funds representing 
                         interest earnings on short term investments of Idle Funds
                         during the month ended December 31, 2002. (ADOPTED, 7-0;
                         A-81926)

                         Clerk's Letter and Mayor's Approval of Ordinances & Resolutions 
                         passed by Council on January 27, 2003. (PLACED ON FILE)

REPORTS OF CITY OFFICERS

21)                 Investment of Funds for  January 21 thru January 24, 2003.
                    (ADOPTED, 7-0; A-81926)

22)                 Report from City Treasurer of Franchise Tax for the month
                    of December, 2002 from Aquila. (PLACED ON FILE)

23)                 "Women's Voices: Finding Solutions 2003 Special
                    Report" prepared by Lincoln Lancaster Women's Commission. 
                    (PLACED ON FILE)

24)                 Request of Public Works to set the Hearing Date of
                    Monday, February 24, 2003 at 5:30 p.m. and place on the formal 
                    City Council Agenda the following: (Requires a motion) (APPROVED, 7-0)

                    03-27     Paving District: North 57th Street, Fremont to Hartley 
                              Streets
                    03-28     Water District: NW 6th Street, West Dawes to West Saunders


ORDINANCES - 1ST READING (ITEMS 25-28 HAD 1ST READING)

25)  03-23          Amending the corporate limits of the City by
                    annexing approximately 7.1 acres of property
                    generally located at South 91st Street and
                    Pine Lake Road. (In connection w/03-24,
                    03R-33, 03R-34) Fact Sheet (214K)

26)  03-24          Change of Zone 3374 - Application of Hampton
                    Development Services for a change of zone
                    from AG Agricultural to R-3 Residential on
                    property generally located at south 91st
                    Street and Pine Lake Road. (In connection
                    w/03-23, 03R-33, 03R-34) Fact Sheet (240K)

27)  03-25          Approving an exchange of approximately 3.63
                    acres of land owned by the City of Lincoln
                    for 3.94 acres of land in order to relocate
                    an LES substation on property generally
                    located at 91st Street and Highway 2.
                    (Request 2nd & 3rd readings 2/10/03) Fact Sheet (430K)

28)  03-26          Approving a five-year lease-purchase
                    agreement between the City and Caterpillar
                    Financial Services Corp. for a 140-H Series
                    II Caterpillar Motor Grader.

ORDINANCES - 3RD READING & RESOLUTION FOR ACTION ONLY

29)  03-11          Creating Sidewalk Improvement District No. 94
                    in various locations within the City
                    including that area bounded on the north by
                    Fletcher Avenue, on the east by 84th Street,
                    on the south by Yankee Hill Road, and on the
                    west by N.W. 27th Street, and assessing the
                    cost thereof against the benefitted property.
		  (PASSED, 7-0; #18127)

30)  03-14          Authorizing the transfer of unspent and
                    unencumbered appropriations within the Public
                    Works & Utilities Department between certain
                    capital improvements projects within the
                    Sanitary Sewer Construction Fund, Water
                    Construction Fund, and Street  Construction
                    Fund. (AMENDED, 7-0; PASSED AS AMENDED, 7-0; #18128)

31)  03-15          Amending Ordinance 3060, passed July 29,
                    1929, which authorized the use of right-of-
                    way to the University of Nebraska for a steam
                    tunnel/conduit in 14th Street from R Street
                    to K Street to allow additional use of space
                    for telecommunications purposes. (In
                    connection w/03R-21) (PASSED, 7-0; #18129)

32)  03R-20         Approving an Interlocal Agreement between the
                    Board of Regents of the University of Nebraska and
                    the City to jointly place telecommunications
                    assets in the underground steam tunnel/conduit
                    located in 14th Street from R Street to K
                    Street. (In connection w/03-15) (1/27/03 -
                    Action delayed 1 wk to 2/3/03 Fact Sheet (111K)
                    (ADOPTED, 7-0; A-81927)


RECONSIDERATION

33)  03R-16         Pre-Existing Use Permit No. 3AA - Application of
                    Westfield Shoppingtown (formerly Gateway) to
                    replace, remove, and move various wall signs,
                    interior directional signs and perimeter signs at
                    Westfield Shoppingtown - Gateway, 6100 O Street.
                    (1/13/03 - Amendment, Lost 3-4; Cook, Friendt,
                    Seng, Werner Dissenting; Adopted, 7-0; A-81901)
                    (1/27/03 - Voted for Reconsideration, Action only
                    on 2/3/03) Fact Sheet (744K) (MOTION TO AMEND, 4-3,
                    COOK, SENG & WERNER DISSENTING; RECONSIDERED & ADOPTED 
                    AS AMENDED, 5-2, COOK & WERNER DISSENTING; A-81901)

PENDING LIST - DATE CERTAIN (EXTENDED)

34)  02R-244        Special Permit 1976 - Application of Willard
                    Giebenrath to develop View Pointe North Community
                    Unit Plan for 14 single family acreage lots on
                    property generally located at N. 70th
                    Street and Waverly Road. (In connection w/02R-
                    245) (Delayed 3 wks to 11/18/02 with con't
                    public hearing) (11/18/02 - P.H. & Action Delayed
                    to 11/25/02)(11/25/02 - Substitute Resolution
                    Adopted, 7-0; Con't P.H. & Action for one week to
                    12/2/02)(12/02/02 - Placed on pending to 1/13/03
                    w/ continued public hearing) (1/13/03 - Con't.
                    Public Hearing & Action to 2/10/03) Fact Sheet (725K)

35)  02R-245        Accepting and approving the preliminary plat of
                    View Pointe North for 14 lots and 5 outlots with
                    waivers of the required street trees, street
                    lighting, landscape screens, sidewalks, cul-de-sac
                    length, storm water detention and block length, on
                    property generally located at N. 70th Street and 
                    Waverly Road. (In connection w/02R-244) 
                    (10/28/02 - Delayed 3 wks to 11/18/02 with con't 
                    public hearing) (11/18/02 - P.H. & Action Delayed 
                    to 11/25/02)(11/25/02 - Substitute Resolution Adopted, 
                    7-0; Con't P.H. & Action for one week to 12/2/02) 
                    (12/2/03 - Placed on pending to 1/13/03 w/continued 
                    public hearing) (1/13/03 - Con't Public Hearing & 
                    Action to 2/10/03) Fact Sheet (748K)

36)  03R-17         Special Permit 1990 - Application of Andermatt,
                    L.L.C. to construct an early childhood care
                    facility for up to 214 children on property
                    generally located northeast of the intersection of
                    South 91st Street and Heritage Lakes Drive. (In 
                    connection w/03R-17) (1/13/03 - Con't. p.h. & 
                    action to 1/27/03) (1/27/03 - Con't Public Hearing 
                    & Action to 2/10/03) Fact Sheet (464K)

37)  03R-18         Approving a waiver of design standards requiring
                    that lot lines be perpendicular to streets on
                    property generally located northeast of the
                    intersection of South 91st Street and
                    Heritage Lakes Drive. (In connection w/03R-18)
                    (1/13/03 - Con't p.h. & action to 1/27/03)
                    (1/27/03 - Con't Public Hearing & Action to
                    2/10/03) Fact Sheet (451K)

38)  02R-305        Approving the termination of an Interlocal Agreement 
                    between the City and County which created the Childcare
                    Advisory Committee.(12/16/02 -  Placed on pending, no 
                    date certain) (1/27/03 - To have Public Hearing & Action
                    2/10/03) Fact Sheet (139K)


PENDING LIST (EXTENDED ONE WEEK)

39)  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)

40)  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)

41)  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)

42)  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;
               Pub. Hearing Cont'd.) Fact Sheet (997K), Photo's (618K),
               Photo's (664K), Drawings (2.2M), Photo's (1.4M)

43)  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)

44)  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)

45)  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)

46)  02-39     Establishing a retirement incentive program for City employees who
               meet certain age & service criteria. (In connection w/02R-63)
               (3/25/02 - Pub. Hearing delayed to 4/15/02) (Request 2nd & 3rd
               Reading w/Emergency Clause) (4/15/02-Pending Indefinitely, w/P.H.
               & 2nd Reading when Bill is brought forward)Fact Sheet (1.1M)

47)  02R-63    Approving a transfer of appropriations from existing re-appro-
               priations 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 - Pub. Hearing delayed to 4/15/02)
               (4/15/02 - Placed on Pending Indefinitely w/Pub. Hearing when
               Bill brought forward)

48)  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)

49)  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)

50)  02R-261   Comp. Plan Amendment 02001.B - 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 southeast
               corner of 84th and South Streets. (11/18/02 - Pending
               Indefinitely) Fact Sheet (100K)



WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE 
     PUBLIC HEARING ON FEBRUARY 10, 2003, 1:30 P.M.:      (APPROVED, 7-0) 

51)  03R-33    Special Permit 1762A - Application of Hampton
               Development Services to develop Vintage Heights
               3rd Community Unit Plan for 946 dwelling units,
               with variances to the front yard setbacks, lot
               width, and lot area, on property generally located
               at South 91st Street and Pine Lake Road. (In
               connection w/03-23, 03-24, 03R-33, 03R-34)
               Fact Sheet (618K)

52)  03R-34    Accepting and approving the preliminary plat of
               Vintage Heights 3rd Addition for approximately 182
               lots, with waivers to the required lot frontage,
               lot depth-to-width ratio, and sidewalks on the
               south side of Venice Court, on property generally
               located at South 91st Street and Pine Lake Road.
               (In connection w/03-23, 03-24, 03R-33, 03R-34)
               Fact Sheet (611K)

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 (2/5/03) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (2/10/03). 


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 - 5:42 P.M.



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