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City Council Heading City Letter Head
					
                   ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                               MONDAY, APRIL 7, 2003, AT 1:30 P.M.
                     
                                    ALL MEMBERS PRESENT



PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)  Application   Manager application of Scott A. Schlatter for
                   HyVee Inc. dba "HyVee #5" at 7151 Stacy Lane.
                   (ADOPTED FOR APPROVAL, 7-0; A-82025)
               

PUBLIC HEARING 
ORDINANCES - 2nd READING     (ITEMS 2 THRU 6 HAD 2ND READING)

 2)  03-50     Approving a contract between the City and the
               Lincoln Haymarket Development Corp. to
               operate and regulate a Saturday public market
               in the Haymarket area from May 3, 2003,
               through October 25, 2003.
               Fact Sheet (53K) Attachments (339K)
             							 
 3)  03-51     Approving a contract between the City and the
               Downtown Lincoln Association to operate and
               regulate a Tuesday Open-Air Market in the
               area of 12th Street from Q to R Streets and R
               Street from 12th to 13th Streets from June 3,
               2003 through June 24, 2003. 
               Fact Sheet (55K) Attachments (300K)
							 
 4)  03-52     Change of Zone 3397 - Application of the Near
               South Neighborhood Association for a change
               of zone from R-4 Residential to R-2
               Residential on property generally located at
               S. 24th Street to S. 26th Street, from South
               Street to Sumner Street, consisting of
               approximately nine blocks in the Franklin
               Heights Local Landmark District. Fact Sheet (670K)

 5)  03-53     Amending Title 6 of the Lincoln Municipal
               Code relating to Animals to set minimum
               penalties for violations of rabies
               vaccination requirements for dogs; to
               increase license fees for dogs; to increase
               registration fees for dangerous and
               potentially dangerous dogs; to set minimum
               penalties for violations of rabies
               vaccination requirements for cats; and to
               increase license fees for cats.

 6)  03-54     Amending Chapter 10.16 of the Lincoln
               Municipal Code to change the penalty
               provisions for second offense DWI and by
               adding a new section relating to restrictions
               on motor vehicles owned by persons convicted
               of a second violation of LMC Section
               10.16.030 or 10.16.040. Fact Sheet (8K)


PUBLIC HEARING - RESOLUTIONS

 7)  03R-79    Approving appropriations in the amount of
               $32,000 from the operation of Keno lottery
               for various human services. Fact Sheet (39K) Attachments (51K)
               (ADOPTED, 7-0; A-82026)

 8)  03R-80    Approving a Golf License Agreement between the
               City and John O. Craw for professional golf
               services at Holmes Golf Course and Clubhouse for a
               period from May 1, 2003 through April 30, 2006.
               Attachments (333K)
               (ADOPTED, 7-0; A-82027)
							 
 9)  03R-81    Approving a Golf License Agreement between the
               City and Cory Fletcher for professional golf
               services at Mahoney Golf Course and Clubhouse for
               a period from May 1, 2003 through April 30, 2006.
               Attachments (342K)
               (ADOPTED 7-0; A-82028)

10)  03R-82    Reappointing George Hancock to the Board of Zoning
               Appeals for a five-year term expiring May 2, 2008.
               (ADOPTED, 7-0; A-82029)

11)  03R-83    Amending the Mayor's Award of Excellence policy to
               change the language under nomination procedure and
               nomination criteria; to include clarification of
               team winners for monthly and annual awards; and to
               change the language under Mayor's Award of
               Excellence Committee.(ADOPTED, 7-0; A-82030)

12)  03R-84    Special Permit 1672A - Application of Sprint PCS
               to waive the landscape requirement on the north
               and east sides of a broadcast tower at the North
               Forty Golf Course, on property generally located
               southwest of the intersection of North 84th Street
               and Adams Street. Fact Sheet (140K)
               (ADOPTED, 7-0;  A-82031)

13) Resolution Application of St. Thomas Aquinas
               Church/Newman Center for one raffle and five
               lottery permits for the following times: 
               June 1, 2003 to August 31, 2003 (raffle);
               October 1, 2003 to October 31, 2003; November
               1, 2003 to November 30, 2003; December 1,
               2003 to December 31, 2003; January 1, 2004 to
               January 31, 2004; February 1, 2004 to
               February 28, 2004; (lotteries). Application
                (ADOPTED, 7-0; A-82032)        

                       - END OF PUBLIC HEARING -


PETITIONS & COMMUNICATIONS

14)            Setting the Hearing date of Monday, April 21, 2003
               at 5:30 p.m for App. of Bag N Save Inc. dba "Bag N
               Save" for a Class "D" liquor license at 4615 Vine
               Street.  (ADOPTED, 7-0; A-82033)

15)            Setting the Hearing date of Monday, April 21, 2003
               at 5;30 p.m. for App. of Dmack, Inc. dba "Legends"
               for a Class "C" liquor license at 8300 Northwoods
               Dr.  (ADOPTED, 7-0; 82034)


16)  MISCELLANEOUS REFERRALS

               Clerk's Letter & Mayor's Approval of ordinances &
               resolutions passed by Council on March 31, 2003. 
               (PLACED ON FILE)

               Lincoln Water & Wastewater System recapitulation of
               daily cash receipts for March 2003. (PLACED ON FILE)

               THE FOLLOWING WERE REFERRED TO PLANNING DEPT.:
	       Change of Zone 3402 - App. of Dr. Dale Capek from 
                    an R-2 to O-2 at 48th & Street.    .
	       Pre-Existing Use Permit 3AB - App. of Westfield Shopping
                    Town Gateway to change sign locations & signs due to
                    name change at 6100 O Street.

               Formal Petition for Ornamental Lighting District 286 at
               27th Street to 20th Street and Van Dorn Street to High
               Street submitted by Alan Hergenrader, Jackie Muir, 
               William M. & Debra K. Grauer, &  Michalene B. & Steven R.
               Sorensen.  (REFERRED TO LAW DEPT.)

	       Setting the Hearing Date of April 21, 2003 at 5:30 p.m.
               for Application of Denis Vontz dba "Highlands Golf Course"
               for an upgrade from Class J to Class I liquor license at 
               5501 NW 12th Street. (ADOPTED, 7-0; A-82035)


REPORTS OF CITY OFFICERS

17)            Investment of Funds from March 24 through 28,
               2003.  (ADOPTED, 7-0; A-82036)

18)            Report of City Treasurer of Telecommunications
               Occupation Tax for the month of February: Alltel
               Comm. of Nebraska, MCI WorldCom, Sprint Comm., XO
               Long Distance Services, Qwest, Teligent, Trac Fone
               Wireless, McLeod USA, ACN Comm., OnStar, Primus,
               Broadwing, Trans National, Virgin Mobile USA,
               Touch America, Global Crossing, Shaffer,
               WorldXchange, Telco Dev., Excel, Working Assets
               Funding Service, AT&T Comm. of Midwest, Cricket,
               Norstan Network, I-Link, Big Planet, Network
               Billing Systems. (PLACED ON FILE)


ORDINANCES - 1st READING (ITEMS 19 AND 20 HAD 1ST READING) 

19)  03-55     Vacating the north-south alley from the north
               line of vacated Hatch Street running
               northwesterly between Lot 18, Block 33,
               Wrington Addition, and Lot 146 I.T., in the
               Southeast Quarter of Section 35, Township 10
               North, Range 6 East, generally located at 7th
               and vacated Hatch Streets. Fact Sheet (284K)

20)  03-56     Vacating West M Street from the west line of
               South Coddington Avenue to its termination,
               approximately 300 feet west of the west line
               of South Coddington Avenue. Fact Sheet (219K)


ORDINANCES - 3RD READING

21)  03-41     Creating Paving Dist.2626 in W. South St.,
               S.W. 23rd St. to S.W. 27th St., S.W. 27th St.
               from W. South St. to W. A St. & assessing the
               costs thereof against the benefitted property.
               (AMENDED, 7-0; PASSED AS AMENDED, 5-2;
               CAMP & WERNER DISSENTNG; #18153)

22)  03-42     Creating Re-paving Dist. 156 in S. Coddington
               Ave., W. O St. south approx. 1200 feet &
               assessing the costs thereof against the
               benefitted property.(REQUEST TO DELAY FOR
               ONE WEEK, LOST, 3-4; CAMP, COOK, SVOBODA
               ASSENTING; PASSED, 6-1; CAMP DISSENTING; #18154)

23)  03-43     Creating Grading Dist. 151 in the east/west
               alley, N. 69th to N. 70th Sts., X St. to Y
               St., & assessing the costs thereof against
               the benefitted property.(LOST, 1-6; FRIENDT
               ASSENTING; #38-4440)

24)  03-44     Creating Graveling Dist. 340 in the east/west
               alley, N. 69th to N. 70th St., X St. to Y
               St., & assessing the costs thereof against
               the benefitted property. (LOST, 0-7; #38-4441)

25)  03-46     Renaming S. 30th St. between O'Hanlon Dr. &
               Grainger Parkway as "Laytonjohn Lane."
               Fact Sheet (50K)
               (PASSED, 7-0; #18155)
							 
26)  03-47     Approving a three-year/5,000 hour lease
               agreement between the City & Elgin Sweeper
               Company to provide a four-wheeled street
               sweeper for sweeping of residential &
               arterial streets. 
               Fact Sheet (56K) Attachment (438K)
	       (PASSED, 7-0; #18156)	
					 
27)  03-48     Amending Chapter 9.24 of the Lincoln
               Municipal Code to provide that it shall be
               unlawful for any person convicted of
               violating specified state and local theft
               offenses twice within ten years to pawn or
               sell any property to a pawnbroker or second-
               hand jewelry dealer within the City of Lincoln.
               (AMENDED, 7-0; PASSED AS AMENDED, 7-0; #18157)

28)  03-49     Amending Chapter 9.36 of the Lincoln
               Municipal Code relating to weapons to make it
               unlawful for any person to possess a firearm
               within the corporate limits or on any
               property of the City of Lincoln outside the
               corporate limits when that person has been
               convicted of violating specified state and
               local offenses within ten years; to make it
               unlawful for any person to keep a firearm in
               an unattended motor vehicle; and to provide a
               definition for the term "firearm".
               (AMENDMENT LOST, 2-5; COOK & WERNER ASSENTING;
               PASSED, 7-0; #18158)


PENDING LIST - DATE CERTAIN

29)  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)  (2/03/03 - P.H. con't w/Action to
               2/10/03)  (2/10/03 - Public Hearing & Action
               Delayed 2 wks. to 2/24/03)  (2/24/03 - Delay
               Action 2 weeks to 3/10/03) (3/17/03 - Lost as
               amended, 3-4; Cook, McRoy, Seng, Werner
               dissenting) (3/24/03 - To have Public Hearing &
               Action on 4/14/03) Fact Sheet (10K), Attachment (25K)


PENDING LIST   (EXTENDED ONE WEEK)

30)   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)
							 
31)  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)

32)  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)
							 
33)  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)

34)  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)

35)  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)

36)  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)
							 
37)  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)
							 
38)  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)
							 
39)  03-21     Amending the corporate limits of the City by
               annexing approx. 39.9 acres of property
               generally located northwest of the
               intersection of S. 84th St. & Hwy. 2.  (In
               connection w/03-22, 03R-25, 03R-26, 03R-27)
               (2/03/03 - P.H. con't. w/3rd reading on
               2/10/03)  (2/10/03 - Public Hearing & Action
               Delayed 2 wks. to 2/24/03)  (2/24/03 - Delay
               Action 2 weeks to 3/10/03)  (3/10/03 - Action
               Delayed to 3/17/03) (3/17/03 - Placed on
               Pending) Fact Sheet (257K) Substitute (28K)

40)  03-22     Change of Zone 3373 - App. of Pine Lake
               Development, L.L.C. for a change from AGR
               Agricultural Residential to R-3 Residential &
               O-3 Office Park on property generally located
               northwest of the intersection of S. 84th St.
               & Highway 2. (In connection w/03-21, 03R-
               25, 03R-26, 03R-27)  (2/03/03 - P.H.
               con't w/3rd reading on 2/10/03)  (2/10/03 -
               Public Hearing & Action Delayed 2 wks. to
               2/24/03)  (2/24/03 - Delay Action 2 weeks to
               3/10/03)  (3/10/03 - Action Delayed to
               3/17/03) (3/17/03 - Placed on Pending)
               Fact Sheet (298K)
							 
41)  03R-26    Accepting & approving the preliminary plat of Pine
               Lake Plaza for nine residential lots, 12 lots for
               office/commercial & three outlots, with waivers to
               the required intersection platforms, non-radial or
               perpendicular side lot lines, reconstruction of
               Pine Lake Rd. to urban section, turning lane
               depth, sewer system running opposite street grades
               & deeper than standards, sidewalks, maximum block
               length, & pedestrian way easement, on property
               generally located northwest of the intersection of
               S. 84th St. & Hwy. 2.  (In connection w/03-21,
               03-22, 03R-26, 03R-27)  (2/3/03 - P.H. con't
               w/Action to 2/10/03)  (2/10/03 - Public Hearing &
               Action Delayed 2 wks. to 2/24/03)  (2/24/03 -
               Delay Action 2 weeks to 3/10/03)  (3/10/03 -
               Action Delayed to 3/17/03) (3/17/03 - Placed on
               Pending) Fact Sheet (814K)

42)  03R-27    Use Permit 145 - App. of Pine Lake Development
               L.L.C. to develop 192,900 sq. ft. of office &
               commercial floor space, with a waiver of minimum
               yard requirements, on property generally located
               northwest of the intersection of S. 84th St. &
               Hwy. 2. (In connection w/03-21, 03-22, 03R-25,
               03R-26)  (2/03/03 - P.H. con't w/Action to
               2/10/03)  (2/10/03 - Public Hearing & Action
               Delayed 2 wks. to 2/24/03)  (2/24/03 - Delay
               Action 2 weeks to 3/10/03)  (3/17/03 - Action
               Delayed to 3/17/03)  (3/17/03 - Placed on
               Pending) Fact Sheet (737K)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE 
     PUBLIC HEARING ON APRIL 14, 2003, 1:30 P.M.: (APPROVED, 7-0)     

43)  03R-88    Amending the University Place Redevelopment Plan
               to provide for the acquisition of blighted and
               substandard commercial/industrial properties for
               the purpose of redevelopment, including Green's
               Furnace and Plumbing Company building and property
               in the vicinity of 48th and Madison Ave. Fact Sheet (324K)

44)  03R-89    Approving a waiver of the Land Subdivision
               Ordinance requirements for the installation of
               street trees, street lights, sidewalks, paving and
               floodplain requirements in the Jacobson Addition
               Administrative Final Plat on property generally
               located at South 7th and N Streets. Fact Sheet (211K)

45)  03R-90    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth therein for the period of March 
               16 - 31, 2003. Fact Sheet (7K) Exhibit

46)  03R-91    Declaring the official intent of the City to
               reimburse certain expenses in connection with the
               Lincoln Mall Redevelopment Project from the
               proceeds of the City of Lincoln, Nebraska Lincoln
               Mall Redevelopment Project Tax Allocation Bonds.

47)  03R-92    Declaring the official intent of the City to
               reimburse certain expenses in connection with the
               Entertainment Center/Old Federal Building
               Redevelopment Project from the proceeds of the
               City of Lincoln, Nebraska Entertainment Center/Old
               Federal Building Redevelopment Project Tax
               Allocation Bonds.






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 (4/9/03) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (4/14/03).



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   2:45 P.M.


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