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City Council Heading City Letter Head
       ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
               MONDAY, APRIL 21, 2003, AT 5:30 P.M.


      NOTE:  CITY COUNCIL MEETING OF MONDAY, APRIL 28, 2003
                    WILL BEGIN AT 1:30 P.M.
                           

PUBLIC HEARING
LIQUOR RESOLUTIONS

1)  Application     Application of Dmacks, Inc. dba "Legends" for a
                    Class "C" liquor license at 8300 Northwoods Drive. 
                    (ADOPTED FOR APPROVAL, 7-0; A-82048)

2)  Application     Manager application of Chad R. Meister for Dmacks,
                    Inc. dba "Legends" at 8300 Northwoods Drive. 
                    (ADOPTED FOR APPROVAL, 7-0; A-82049)

3)  Application     Application of Bag 'N Save, Inc. dba "Bag 'N Save"
                    for a Class "D" liquor license at 4615 Vine Street.
                    (ADOPTED FOR APPROVAL, 7-0; A-82050)

4)  Application     Manager application of Helene R. Shrago for Bag 'N
                    Save, Inc. dba "Bag 'N Save" at 4615 Vine Street. 
                    (ADOPTED FOR APPROVAL, 7-0; A-82051)

5)  Application     Application of Denis Vontz dba "Highlands Golf
                    Course" for an upgrade of a Class "J" liquor
                    license to Class "I" at 5501 N.W. 12th Street. 
                    (ADOPTED FOR APPROVAL, 7-0; A-82052)


PUBLIC HEARING 
ORDINANCES - 2nd READING (ITEMS 6-11 HAD 2nd READING)

6)   03-57          Vacating R Street from the east line of 9th
                    Street to the west line of 10th Street.
                    Fact Sheet (203K)
										
7)   03-58          Declaring approximately 0.3 acres of the
                    Highlands South Park property located at W.
                    Katleman Drive and N.W. Fairway Drive, as
                    surplus and authorizing the sale thereof.
                    Fact Sheet (266K)
										
8)   03-61          Amending Chapter 12.20 of the Lincoln
                    Municipal Code to expand the types of
                    landscape plantings allowed within the
                    sidewalk space in public right-of-way areas.

9)   03-59          Amending Chapter 14.80 of the Lincoln
                    Municipal Code relating to Sidewalk
                    Construction by amending Section 14.80.010 to
                    designate permitted uses of the space between
                    the lot line and curb (sidewalk space) and
                    adding a new section numbered 14.80.015 to
                    provide for the use of decorative gravel or
                    rock mulch in the sidewalk space.

10)  03-60          Approving a multi-year contract between the
                    City and the Nebraska Department of
                    Environmental Quality for the planning,
                    consulting, engineering, design, and
                    construction activities and costs associated
                    with the Water Quality Rehabilitation Project
                    at Holmes Lake. Fact Sheet (63K) Attachment (609K)

11)  03-62          Amending various chapters of the Lincoln
                    Municipal Code to change references to "Fire
                    Department" to "Fire and Rescue Department".


PUBLIC HEARING - RESOLUTIONS 

12)  03R-93         Reappointing James McKee, Jerry L. Berggren,
                    and Tim Francis to the Historic Preservation
                    Commission for three-year terms expiring
                    April 15, 2006. (ADOPTED, 7-0; A-82053)

13)  03R-94         Reappointing Matt Morrissey, Roger Kreifels,
                    Doug Biggerstaff, Mike McNiff, and Mike Berry
                    to the Gas Piping Exam Board for a three-year
                    term expiring April 1, 2006. (ADOPTED, 7-0; A-82054)

14)  03R-95         Appointing Kevin Brown to the Multicultural
                    Advisory Committee to fill an unexpired term
                    expiring September 18, 2005. (ADOPTED, 7-0; A-82055)

15)  03R-96         Appointing Jolanda Junge and Leon Caldwell,
                    Ph.D. to the Parks and Recreation Advisory
                    Board for terms expiring April 27, 2005 and
	            April 27, 2006, respectively. Application (125K)
		    (ADOPTED, 7-0; A-82056)	

16)  03R-97         Approving a modification of the Land
                    Subdivision Ordinance in the final plat of
                    Pine Lake Heights South 7th Addition to allow
                    a delay in the construction of a portion of
                    Grainger Parkway, generally located northwest
                    of the intersection of South 40th Street and
                    Yankee Hill Road, until the abutting property
                    is final platted. Fact Sheet(ADOPTED, 7-0; A-82057)

17)  03R-98         Approving a process and criteria for review
                    and approval of enhanced landscaping and/or
                    streetscape improvements in public right-of-
                    way areas. Attachment (ADOPTED, 7-0; A-82058)

18)  03R-99         Adopting the changes in the Access Rules that
                    have been proposed by the Cable Television
                    Advisory Board. Fact Sheet 
                    Attachment 1 Attachment 2(ADOPTED, 7-0; A-82059)

19)  03R-100        Authorizing the Mayor to execute a multi-year
                    contract when funding comes from more than
                    one fiscal year C.I.P. budget for the Holmes
                    Lake Restoration project. (ADOPTED, 7-0; A-82060)


RECONSIDERATION WITH PUBLIC HEARING & ACTION

20)  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. (RE-ADOPTED, 7-0; A-82042)
                    Fact Sheet (7K) Attachment
                               
                 - END OF PUBLIC HEARING -

PETITIONS & COMMUNICATIONS

21)                 Formal Ornamental Lighting Petition 286 for
                    27th Street to 20th Street, Van Dorn Street to
                    High Street, submitted by Robin Kremer, John
                    Neal, Florence Haskins, and Patricia Haskins
                    Sileo. (Referred to Law Dept.)

22)                 Setting the hearing date of Monday, May 5,
                    2003 at 1:30 p.m. for the corporate manager
                    application of Douglas B. Morris for Buggy
	            Bath East, L.L.C. dba Buggy Bath Car Wash
                    East, located at 8350 Northwoods Drive. 
		    (ADOPTED, 7-0; A-82061)

23)                 Setting the hearing date of Monday, May 5,
                    2003 at 1:30 p.m. for the corporate manager
                    application of Douglas B. Morris for Buggy
                    Bath West, L.L.C. dba Buggy Bath Car Wash
                    West, located at 1502 West "O" Street.
		    (ADOPTED, 7-0; A-82062)

24)                 Setting the hearing date of Monday, May 5,
                    2003 at 1:30 p.m. for the application of JJ
                    Kat Inc. dba Brewsky's Food & Spirits for a
                    Class I liquor license, located at 201 N. 8th
                    Street. (ADOPTED, 7-0; A-82063)

25)                 Setting the hearing date of Monday, May 5,
                    2003 at 1:30 p.m. for the application of Dian
                    Hua dba Gourmet China Buffet for a Class J
                    liquor license, located at 5130 N. 27th
                    Street. (ADOPTED, 7-0; A-82064)

26)           The following were referred to the Planning Dept.:
                    Change of Zone No. 3401 - App. of Marc
                         Wullschleger from an R6 to B3
                         generally located at 2645 P Street, 2601
                         P Street, and 135 N. 27th Street.
                    Change of Zone No. 3403 - App. of Kent
                         Seacrest from I-1 to B-4
                         generally located at 721 "K" Street.
                    Change of Zone No. 3404 - App. of Peter W.
                         Katt from R-3 to H-3 generally located
                         at 6340 N. 27th Street.
                    Change of Zone No. 3405 - App. of Director of
                         Public Works & Utilities for a text
                         change to Section 27.81.010. Relating to
                         erosion and sediment control threshold.
                    Special Permit No. 622F - App. of Ross
                         Engineering, Inc. representing
                         Lakeside Partners, L.L.C. for a C.U.P.
                         generally located at Lakeside Drive and
                         Surfside Drive.
                    Special Permit No. 846B - App. of The Clark
                         Enersen Partners, representing Christ
                         Lutheran Church for increased lot
                         coverage at 4325 Sumner Street.
                    Special Permit No. 2005 - App. of Brian D.
                         Carstens representing Gene A. & Patricia
                         M. Schmidt to create a C.U.P. located at
                         2105 South Coddington Avenue.
                    Special Permit No. 2007 - App. of Craig
                         Chesnut, representing W. R. Lesoing to
                         sell liquor, On Sale Beer & Wine, Class
                         J at 1000 Saunders Ave.
                    Special Permit No. 2008 - App. of Red Robin
                         International, Inc. to allow the sale of
                         alcohol generally located at 27th & Pine
                         Lake Rd.
                    Special Permit No. 2009 - App. of Brian D.
                         Carstens, representing Eugene T. & Jo
                         Ann L. Benes to create a garden center
                         at 6901 West "O" Street.
                    Special Permit No. 2010 - App. of Olsson
                         Associates, representing Ridge
                         Development Co. & Southview, Inc. to add
                         a town home development generally
                         located at South 30th & Yankee Hill
                         Road; along South 30th Street.
                    Special Permit No. 2011 - App. of Olsson
                         Associates, representing Andermatt
                         L.L.C. for a waiver of design standards
                         for a Early Childhood Dev. Ctr.
                         generally located at S. 91st Street and
                         Heritage Lakes Drive.
     
27)  MISCELLANEOUS REFERRALS

                    Informal petition for creation of a Sewer, Water 
                    and Paving District in Lazy Acres neighborhood, 
                    submitted by Richard Baeder. (REFERRED TO PUBLIC WORKS)

                    Formal Paving Petition 2626 for West South Street, SW 23rd St
                    to SW 27th Street and SW 27th St. West South Street to West 
                    "A" Street, submitted by Duane Hartman of Hartland Homes. 
                    (REFERRED TO LAW DEPT.)

		    Report of City Treasurer of Monthly Cash Report for the month 
		    of April, 2003. (PLACED ON FILE)

                    Report of City Law Department of their Annual Report for 2002.
                    (PLACED ON FILE)

REPORTS OF CITY OFFICERS

28)                 Investment of Funds from April 7 through April 11, 2003.
		    (ADOPTED, 7-0; A-82065)

29)                 Report of UNL Microbiologist for water
                    testing done for the month of March, 2003. 
                    (Placed on file)

30)                 Clerk's Letter & Mayor's Approval of
                    ordinances & resolutions passed by
                    Council on April 7, 2003. (Placed on file)

ORDINANCES - 1st READING (ITEMS 31-33 HAD 1st READING)

31)  03-63          Authorizing and providing for the issuance of
                    revenue bonds of the Sanitary Sewer System of
                    the City of Lincoln.

32)  03-64          Authorizing and providing for the issuance of
                    not to exceed $55,000,000 aggregate principal
                    amount of Lincoln Sanitary Sewer System
                    Revenue and Refunding Bonds, and related
                    matters.

33)  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.

                          
ORDINANCES - 3RD READING & RESOLUTION FOR ACTION ONLY

34)  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. (PASSED, 7-0; #18164)
                    Fact Sheet (284K)
										
35)  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. (AMENDED, 7-0; PASSED AS 
                    AMENDED, 7-0; #18165)
                    Fact Sheet (219K)
										
36)  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) (4/14/03 - Tie Vote
                    3-3; Werner Absent, carried over to 4/21/03
                    for Action Only) Fact Sheet (10K), Attachment (25K)
		    (ACTION DELAYED ONE WEEK TO 4/28/03, 4-3, CAMP, FRIENDT
                    & SVOBODA DISSENTING)
                          
PENDING LIST - DATE CERTAIN - NONE

PENDING LIST     (EXTENDED ONE WEEK)

37)  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)
										
38)  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)

39)  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)
										
40)  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)

41)  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)

42)  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)

43)  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)
										
44)  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)
										
45)  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)
										
46)  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)

47)  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)
										
48)  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)

49)  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 28, 2003, 1:30 P.M.:                   (APPROVED, 7-0)    

50)  03R-101        Approving a 1 year/200 hour lease with option
                    to renew for three one-year periods between
                    the City and Platte Valley Equipment Company
                    to provide a mechanical front wheel assisted
                    tractor to apply biosolids generated at the
                    Northeast Wastewater Treatment Facility.
                    Fact Sheet (58K)
										
51)  03R-102        Approving an agreement between the City and
                    the State for FHWA Surface Transportation
                    Program Funds for construction of east/west
                    dual-left-turn lanes and traffic signals at
                    27th and O Street. Fact Sheet (60K) Attachment

52)  03R-103        Accepting the report of new and pending
                    claims against the City and approving
                    disposition of claims set forth therein for
                    the period of April 1-15, 2003.
                    Fact Sheet (7K) Attachment
										
53)  03R-104        Approving an agreement between the City and
                    the University of Nebraska to continue the
                    current transportation program in which
                    StarTran provides bus service in conjunction
                    with the UNL Transportation Program.
                    Fact Sheet (55K) Attachment
										

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 (4/23/03) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (4/28/03).

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 - 8:20 P.M. 
                       
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