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City Council Heading City Letter Head
        ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, MAY 5, 2003, AT 1:30 P.M.

                       ALL MEMBERS PRESENT

NOTE: THERE WILL BE NO 5:30 P.M. MEETING DURING THE MONTH OF MAY
         THERE WILL BE NO MEETING THE WEEK OF MAY 26TH
            DUE TO THE MEMORIAL DAY HOLIDAY
                                 

PUBLIC HEARING
LIQUOR RESOLUTIONS

1)  Application      Manager application of Douglas B. Morris for Buggy
                     Bath East L.L.C. dba "Buggy Bath Car Wash East" at
                     8350 Northwoods Drive. (ADOPTED, 7-0; A-82080)

2)  Application      Manager application of Douglas B. Morris for Buggy
                     Bath West L.L.C. dba "Buggy Bath Car Wash West" at
                     1502 West O Street. (ADOPTED, 6-1; WERNER DISSENTING;
                     A-82081)

3)  Application      Application of J.J. Kat, Inc. dba "Brewsky's Food
                     & Spirits" for a Class "I" liquor license at 201
                     North 8th Street. (ADOPTED, 7-0; A-82082)

4)  Application      Manager application of Brian D. Kitten for J.J.
                     Kat, Inc. dba "Brewsky's Food & Spirits" at 201
                     North 8th Street. (ADOPTED, 7-0; A-82083)

5)  Application      Application of Dian Hua dba "Gourmet China Buffet"
                     for a Class "J" liquor license at 5130 
                     North 27th Street. (PLACED ON PENDING INDEFINITELY, 7-0)


PUBLIC HEARING 
ORDINANCES - 2nd READING (ITEMS 6 - 11 HAD PUBLIC HEARING, SEE ITEMS 10 & 11)

6)   03-66     Amending Chapter 2.76 of the Lincoln
               Municipal Code relating to Pregnancy Leave
               and Reprimand to be consistent with federal
               regulations and to include employees not
               covered by a Union agreement.

7)   03-67     Change of Zone 3402 - Application of Dr. Dale
               Capek for a change of zone from R-2
               Residential District to O-2 Suburban Office
               District on property generally located
               northwest of the intersection of South 48th
               and F Streets. 
               Fact Sheet (215K)

8)   03-68     Declaring approximately 1.2 acres of property
               generally located at the southwest corner of
               Superior Street and Lewis Avenue as surplus
               and authorizing the sale thereof.
               Fact Sheet (562K)

9)   03-69     Change of Zone 3396 - Application of Boyce
               Construction for a change of zone from R-2
               Residential District to R-4 Residential
               District on property generally located at
               North 70th Street north of Adams Street.
               (In connection w/03R-107) 
               Fact Sheet (506K)

10)  03-70     Amending the corporate limits of the City by
               annexing approximately 142 acres of property
               generally located northeast of N.W. 48th
               Street and W. Holdrege Street. (In
               connection w/03-71, 03R-108, 03R-109, 03R-110)
               Fact Sheet (337K) (CON'T. P.H. & ACTION IN
               TWO WEEKS TO 5/19/03, 7-0)
							 
11)  03-71     Change of Zone 3390 - Application of Hubert
               H. Hall for a change of zone from AG
               Agricultural District to R-3 Residential
               District on property generally located
               northeast of N.W. 48th Street and W. Holdrege
               Street. (In connection w/03-70, 03R-108,
               03R-109, 03R-110) Fact Sheet (301K) 
               (CON'T. P.H. & ACTION IN TWO WEEKS TO 5/19/03, 7-0)
     
PUBLIC HEARING - RESOLUTIONS

12)  03R-105   Approving the use of public right-of-way for the
               installation of an 8" steam line and a 4"
               condensate line under Vine Street approximately
               220 feet east of the center line of North 17th
               Street to provide steam to Abel and Sandoz
               Residence Halls. (ADOPTED, 7-0; A-82084)
               Fact Sheet (71K)
							 
13)  03R-106   Waiving the required pedestrian way easement and
               the construction of a sidewalk in the easement
               within Williamsburg Village 12th Addition on
               property generally located at South 40th Street
               and Pine Lake Road. (ADOPTED, 6-1, WERNER DISSENTING; 
               A-82085) Fact Sheet (570K)
							 
14)  03R-107   Special Permit 2003 - Application of Boyce
               Construction to develop 32 dwelling units, with a
               waiver of the design standards to reduce the
               required storm sewer easement from 30' to 20' on
               property generally located at North 70th Street
               north of Adams Street. (In connection w/03-69)
               Fact Sheet (681K) (ACTION DELAYED ONE WEEK TO 5/12/03, 7-0)
							 
15)  03R-110   Approving the Hub Hall Heights Conditional
               Annexation and Zoning Agreement between Highway
               15, Inc., Charles Gary Gately, Trustee, and the
               City of Lincoln outlining certain conditions and
               understandings with regards to the annexation of
               approximately 142 acres of land generally located
               northeast of N.W. 48th Street and north of
               Holdrege Street. (In connection w/03R-108, 03R-109,
               03-70, 03-71) (CON'T. P.H. & ACTION IN TWO WEEKS TO
               5/19/03; 7-0)

16)  03R-108   Special Permit 1995 - Application of Hubert H.
               Hall to develop Hub Hall Heights Community Unit
               Plan for 869 dwelling units on property generally
               located northeast of N.W. 48th Street and W.
               Holdrege Street. (In connection w/03R-109, 03R-110
               03-70, 03-71) (CON'T. P.H. & ACTION IN TWO WEEKS TO
               5/19/03; 7-0) Fact Sheet (602K)
							 
17)  03R-109   Approving and accepting the preliminary plat of
               Hub Hall Heights for 356 lots and 5 outlots with
               waivers to modify the land subdivision ordinance
               to allow block lengths to exceed standards and
               permit double frontage lots, on property generally
               located northeast of N.W. 48th Street and W.
               Holdrege Street. (In connection w/03R-108, 03R-110
               03-70, 03-71) (CON'T. P.H. & ACTION IN TWO WEEKS TO
               5/19/03; 7-0) Fact Sheet (581K)
         
                 - END OF PUBLIC HEARING -

PETITIONS & COMMUNICATIONS

18)            Formal Paving Petition District No. 2625 for North
	       57th Street Fremont to Hartley Streets, submitted by 
               Jennifer Knox. (REFERRED TO LAW DEPT.)

19)            THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.:
               Special Permit No. 421D - App. of Frank and Joan
                    Rall to expand limits and increase density
                    within the Special Permit by nine dwelling
                    units, located at 8110 "A" Street.
               Special Permit No. 2013 - App. of Patricia Bush
                    Morton for a Daycare Center for 20 children,
                    located at 2418 So. 9th Street.
               Special Permit No. 2014 - App. of Regal Building
		    Systems, Inc. to develop 61 multi-family units 
                    located at North 24th and Dodge Streets.
               Special Permit No. 2015 - App. of Nebraska
                    Broadcasting, LLC to construct a radio tower
                    at 33rd & Gladstone.
     
20)  MISCELLANEOUS REFERRALS

	       Investment of Funds from April 21 thru 25, 2003. 
	       (ADOPTED, 7-0; A-82086)

	       Report of Lincoln Electric System of their 2002 
	       Annual Report. (PLACED ON FILE)

               Report of Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for April 2003. (PLACED ON FILE)

	       Clerk's Letter & Mayor's Approval of ordinances & resolutions 
               passed by Council on April 28, 2003. (PLACED ON FILE)

REPORTS OF CITY OFFICERS

21)            Clerk's Letter & Mayor's Approval of ordinances &
               resolutions passed by Council on April 21, 2003. (PLACED ON FILE)

22)            Report of City Treasurer of Telecommunications
               Occupation Tax for the month of January - March,
               2003: Fast Phones of Nebraska, Corp.; for the
               month of March, 2003:   D & D Communications,
               Inc.; Sprint Spectrum, L.P.; WWC License LLC;
               Sprint Communication Company Limited Partnership;
               Norstan Network Services, Inc.; MCI WorldCom
               Network Service, Inc.; Network Billing Systems,
               LLC; TELCO Development Group De Inc.; and Excel
               Telecommunications, Inc. (PLACED ON FILE)

ORDINANCES - 1st READING (ITEMS 23 - 26 HAD 1st READING)

23)  03-72     Approving a lease agreement between the City
               and Caterpillar Financial Services for a
               three-year lease of a four-wheel articulated
               frame loader for use by the Parks and
               Recreation Department in construction and
               maintenance projects.
               Fact Sheet (58K) Attachment (338K)
							 
24)  03-73     Change of Zone 3392 - Application of Aspen
               Builders for a change of zone 5rom AGR
               Agricultural Residential to R-3 Residential
               on property generally located at S.W. 27th
               Street and West "A" Street.
               Fact Sheet (467K)
							 
25)  03-74     Approving a four-year Agreement between the
               City and Alltel for a 911 ANI/ALI Database,
               Service and Maintenance of equipment at the
               911 Communications Center, and E-911 Disaster
               Recovery.
               Attachment (598K)
							 
26)  03-75     Approving a transfer of funds within the
               Parks and Recreation Department CIP for
               installation of additional area lights in Oak
               Lake Park prior to the 4th of July
               festivities and to allow a vegetative grass
               cover to be established on recently acquired
               park land located southeast of Coddington
               Avenue and West Van Dorn Street.
               Fact Sheet (45K)
							 
ORDINANCES - 3RD READING

27)  03-63     Authorizing and providing for the issuance of
               revenue bonds of the Sanitary Sewer System of
               the City of Lincoln. (PASSED, 7-0; #18171)

28)  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. (PASSED, 7-0; #18172)

29)  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. (PLACD ON PENDING INDEFINITELY, 7-0)

PENDING LIST - DATE CERTAIN

30)  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.(4/28/03
               - Con't. P.H. & Action delayed to 5/12/03)
               (Substitute Ordinance to be considered to amend
               Section 14.80.020 designating uses allowed with
               and without a special permit, amending Section
               14.92.040 to include non organic mulch.)

PENDING LIST  (EXTENDED ONE WEEK)

31)   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)
							 
32)  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)

33)  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)
							
34)  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)

35)  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)

36)  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)

37)  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)
							
38)  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)
							
39)  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)

40)  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)
							
41)  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)
							
42)  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)
							
43)  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 MAY 12, 2003, 1:30 P.M.:               (APPROVED, 7-0)       

44)  03R-111   Special Permit 1998 - Application of MJM Realty
               Trust Group to construct a recreational facility
               with indoor and outdoor tennis courts,
               fitness/exercise area, gymnasium, lap pool,
               children's learning center, pro shop and
               concession area, with waivers to the required rear
               yard setback and to exceed the maximum allowed
               height in the AG District, on property generally
               located southeast of the intersection of South
               84th Street and South Street. 
               Fact Sheet 1 (1.26MB) Fact Sheet 2 (1.02MB)
							 
45)  03R-112   Accepting and approving the preliminary plat of
               Aspen Ridge 1st Addition for 30 residential lots
               and a waiver of the required street trees along
               S.W. 27th Street, on property generally located at
               S.W. 27th Street and West "A" Street.

46)  03R-113   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth therein for the period of April
               16 - 30, 2003.
               Fact Sheet (7K) Attachment (32K)

47)  03R-114   Approving an Interlocal Agreement between the City
               and Lincoln Public Schools to create an asset
               banking program to account for shared services,
               assets, facilities, and property.
               Attachment (15K)
							 
48)  03R-115   Approving a transfer of appropriations in the
               amount of $28,123.29 from General Funds Account
               01001.5628 (Discretionary Funds - Seng) to Account
               409387.6138 to be used by the Parks and Recreation
               Department for landscape plantings and replacing
               park amenities.    


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 (5/7/03) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (5/12/03).

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  - 3:30 P.M.
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