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City Council Heading City Letter Head
								
             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                      MONDAY, JUNE 16, 2003, AT 1:30 P.M.                              


                      ALL MEMBERS PRESENT EXCEPT WERNER 


PUBLIC HEARING
LIQUOR RESOLUTIONS 

 1)            Application of Havelock Business Association to
               expand their previously approved special
               designated liquor license (Resolution No. A-82108
               adopted June 2, 2003) to include Misty's
               Restaurant parking lot area measuring
               approximately 100' by 130' immediately adjacent to
               the west on June 21, 2003 from 4:00 p.m. to 1:30
               a.m. on property generally located at 63rd Street
               and Havelock Ave. (ADOPTED FOR APPROVAL, 6-0;
               A-82143)

 2)            Application of Kramer Enterprises, Inc. dba
               Lancaster's to expand its Class C liquor license
               by an addition of a beer garden area measuring 19'
               by 23' to the north on property generally located
               at 3800 Old Cheney Road making the total license
               premises as an Irregular shaped one story building
               approximately 39' by 90', plus beer garden 19' by
               23' to the North, Cheney Ridge Shopping Center.
               (ADOPTED, FOR APPROVAL, 6-0; A-82144)

 3)            Application of Summit Properties, L.L.C. dba
               Sidelines Deli for a Class J liquor license at
               1000 Saunders Ave.(ADOPTED FOR APPROVAL, 6-0;
               A-82145)

 4)            Manager Application of Mark Brouillette for
               Summit Properties, L.L.C. dba Sidelines Deli at
               1000 Saunders Ave.  (ADOPTED FOR APPROVAL, 6-0;
               A-82146)

 5)            Application of Mettlen, Inc. dba Jax for a Class C
               liquor license at 2711 South 48th Street. 
               (ADOPTED FOR APPROVAL, 6-0; A-82147)

 6)            Manager Application of Eugene Podolak for Mettlen,
               Inc. dba Jax at 2711 South 48th Street.
               (ADOPTED FOR APPROVAL, 6-0; A-82148)


PUBLIC HEARING 
ORDINANCES - 2nd READING  (ITEM 7 HAD 2ND READING; SEE FURTHER ACTION)

 7)  03-94     Approving a lease/purchase between the City
               and the lowest successful bidder for a
               portable video message board at Pershing
               Auditorium. (Request 2nd & 3rd Readings
               6/16/03)(RULES WAIVED TO HAVE 2ND & 3RD READING
               THIS DATE, 6-0; AMENDED, 6-0; PASSED AS
               AMENDED,  6-0; #18200)     


PUBLIC HEARING - RESOLUTIONS

 8)            Application of St. John's Catholic Church at 731
               Skyway Road to conduct a lottery within the City
               of Lincoln from June 21, 2003 through September
               21, 2003. (ADOPTED, 6-0; A-82149)

 9)  03R-148   Approving the Fiscal Year 2003 Action Plan: One
               Year Use of Funds for Consolidated Plan for HUD
               Entitlement Programs.
                    Fact Sheet (90K)
               (ADOPTED, 6-0;    A-82150)
							 
10)  03R-149   Special Permit 1869B - Amending the Knights Court
               Community Unit Plan to reduce certain side yard
               setbacks from 8' to 5' on Lots 11, 12, and 13,
               Block 1, on property generally located at
               60th and South Streets.
                    Fact Sheet (282K)
               (ADOPTED, 6-0; A-82151)

11)  03R-150   Special Permit 2015 - Application of Nebraska
               Broadcasting, L.L.C. to erect a 227' broadcast
               tower for AM band radio, with a waiver of the
               landscape screening requirements, on property
               generally located northwest of the intersection of
               North 33rd Street and Gladstone Street.
                    Fact Sheet (828K)
               (AMENDED, 6-0; ADOPTED AS AMENDED, 6-0; A-82152)	
						 
12)  03R-151   Approving a Real Estate Sales Agreement between
               the Public Building Commission and David W.
               Seevers and Marcie M. Scharton for the acquisition
               of property generally located at 710 S.
               8th Street. (ADOPTED, 6-0; A-82153)

13)  03R-152   Accepting the report of new and pending claims
               against the city and approving disposition of
               claims set forth therein for the period of May 16,
               to 31, 2003.
                    Fact Sheet (828K)
                     Attachment (31K)
	       (ADOPTED, 6-0; A-82153)
						 
14)  03R-153   Approving the appointment of Jonathan Cook to the
               Public Building Commission to fulfill an unexpired
               term for a term expiring August 1, 2004.
               (ADOPTED, 6-0; A-82155)

                          - END OF PUBLIC HEARING -


PETITIONS & COMMUNICATIONS

15)            Setting the hearing date of Monday, June 30, 2003
               at 5:30 p.m. for the App. of 1515-23 Market Street
               Inc. dba "Best Western Airport Inn" for a Class
               "C" liquor license at 3200 NW 12th Street.
               (ADOPTED, 6-0; A-82156)

16)            Formal petition for Ornamental Lighting District
               #286 at 27th Street to 20th Street, Van Dorn Street
               to High Street submitted by Leigh Anne Haefle,
               Kurt and Kristin Wulser, Salinda and Richard Thompson,
               Cheryl Cullum and Meghan Timming, Ryan Sailer
               and Connie N. and David T. Duncan.
               (REFERRED TO LAW DEPT.)

17)            THE FOLLOWING WERE REFERRED TO PLANNING DEPT.:
               Pre-existing Use Permit/Special Permit 10a - App.
                    of East Park Plaza to amend the site plan to
                    reflect right-of-way acquisition.
               Special Permit 2024 - App. of AT&T Wireless to
                    construct a telecommunication tower at 6000 A
                    Street.
               Change of Zone 3411 - App. of Eiger Corporation to
                    change from AG & AGR to B-5 at South of
                    Highway 2, 84th Street to
                    91st Street.
               Use Permit 150 - App. of Eiger Corporation for
                    Phase II of Appian Way Regional Development.


18)  MISCELLANEOUS REFERRALS
     

               Clerk's Letter and Mayor's Approval of Ordinances and
               Resolutions passed by Council on June 9, 2003. 
               (PLACED ON FILE)
		
               Report of UNL Microbiologist for water testing for the
               month of May, 2003. (PLACED ON FILE)

               App. of Nebraska Children's Home Society Foundation to
               conduct a raffle within the City of Lincoln. 
               (Need motion to set hearing date of 6/23/03 at 1:30 p.m.)
               (APPROVED, 6-0)

  
               Setting the hearing date of Monday, June 30, 2003 at
               5:30 p.m. for App. of PRA, Inc. dba "Misty's Steakhouse
               & Brewery" at 200 N. 11th Street.
	       (ADOPTED, 6-0; A-82157)


REPORTS OF CITY OFFICERS

19)            Investment of funds for the week of June 2 thru
               June 6, 2003.  (ADOPTED, 6-0; A-82158)

20)            Accepting the assessment resolutions for Special
               Assessment Group I, Board of Equalization meeting
               to be held Monday, June 23, 2003 at 10:00 a.m.
               (APPROVED, 6-0)

21)            Affidavit of Mailing for Board of Equalization
               Special Assessment Group I to be held on Monday,
               June 23, 2003, 10:00 a.m. (PLACED ON FILE)


ORDINANCES - 1st READING - NONE


ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY

22)  03-85     Amending Chapter 2.76 of the Lincoln
               Municipal Code relating to leaves of absence
               without pay to reflect current procedures and
               to disability retirement to make the
               provisions consistent with the Ameritas plan
               document. (PASSED, 6-0; #18191)

23)  03-86     Amending Ordinance No. 18048 relating to pay
               schedules of employees whose classifications
               are assigned to the pay range prefixed by the
               letter E by amending the pay range for the
               job classification of Executive Secretary.
               (PASSED, 6-0; #18192)

24)  03-87     Amending Ordinance 18047 relating to the pay
               schedules of employees whose classifications
               are assigned to the pay range which is
               prefixed by the letter A by creating the job
               classification of Assistant Sanitary Engineer
               and deleting the job classifications of
               Program Supervisor, Asst. Chief - Division of
               Environmental Health, and Staff Development
               Coordinator. (PASSED, 6-0; #18193)

25)  03-88     Approving the amended and restated Plan
               Document for the 457 Deferred Compensation
               Plan with Ameritas, as revised for IRS
               compliance. (PASSED, 6-0; #18194)

26)  03-89     Repealing Ordinance No. 17993 which created
               Re-paving District No. 154 in Saunders Ave.,
               12th St. to 14th Street.
                   Fact Sheet (60K)
               (PASSED, 6-0; #18195)
							 
27)  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) (6/9/03 - Removed from Pending
               for Action 6/16/03)
                    Fact Sheet (257K)
                    Substitute (28K)
               (ACCEPTED SUB. ORDINANCE, 5-0; 
               NEWMAN ABSTAINING; PASSED, 5-0; NEWMAN ABSTAINING;
               #18196)
										
28)  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) (6/9/03 -
               Removed from Pending for Action 6/16/03)
                    Fact Sheet (298K)
               (PASSED, 5-0; NEWMAN ABSTAINING; #18197)

29)  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) (6/9/03 - Removed from Pending for
               Action 6/16/03)
                    Fact Sheet (737K)
               (ADOPTED AMENDMENT #2, 5-0; NEWMAN ABSTAINING; 
               ADOPTED AS AMENDED, 5-0; NEWMAN ABSTAINING; A-82159)

30)  03R-26    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)
               (6/9/03 - Removed from Pending for Action
               6/16/03)
                    Fact Sheet (737K)
                (ADOPTED, 5-0; NEWMAN ABSTAINING; A-82160)

31)  03R-141   Approving an Annexation Agreement between Ridge
               Development Company and the City of Lincoln
               outlining certain conditions and understandings
               with regards to the annexation of approximately
               46.22 acres of property generally located
               northeast of the intersection of South 56th Street
               and Yankee Hill Road. (In connection w/03-90,
               03-91, 03R-142) (6/9/03 Delay Action 1 wk to
               6/16/03)
                    Attachment (28K)
               (ADOPTED AMENDMENT #2, 5-0; NEWMAN ABSTAINING; 
               ADOPTED AS AMENDED, 5-0; NEWMAN ABSTAINING; A-82161)	

32)  03-90     Amending the corporate limits of the City by
               annexing approximately 46.22 acres of
               property generally located northeast of the
               intersection of South 56th Street and Yankee
               Hill Road. (In connection w/03-91, 
               03R-141, 03R-142)
                   Fact Sheet (352K)
               (PASSED, 5-0; NEWMAN ABSTAINING; #18198)

33)  03-91     Change of Zone 3362- Application of Ridge
               Development Company for a change of zone from
               AG Agricultural to R-3 Residential on
               property generally located northeast of the
               intersection of South 56th Street and Yankee
               Hill Road. (In connection w/03-90, 
               03R-141, 03R-142)
                   Fact Sheet (364K)
               (PASSED, 5-0; NEWMAN ABSTAINING; #18199)

34)  03R-142   Accepting and approving the preliminary plat of
               Big Thompson Creek consisting of 158 residential
               lots and 4 outlots with waivers to the required
               block length, pedestrian easement where a block
               exceeds 1000 feet, 3% grade intersection approach,
               sanitary sewer flow, and lot lines not
               perpendicular to right-of-way lines on property
               generally located northeast of the intersection of
               South 56th Street and Yankee Hill Road. (In
               connection w/03-90, 03-91, 03R-141) (6/9/03
               - Delay Action 1 wk to 6/16/03)
                    Fact Sheet (1MB)
               (ADOPTED, 5-0; A-82162)

PENDING LIST - DATE CERTAIN

35)  03-92     Change of Zone 3290 - Application of Carl R.
               Schmidt for a change of zone from AGR
               Agricultural Residential to R-1 Residential
               on property generally located at Old Cheney
               Road and Frontier Road. (In connection
               W/03R-145) (6/9/03 - Con't P.H. &
               delay Action 2 wks to 6/23/03)
                   Fact Sheet (317K)

36)  03R-145   Accepting and approving the preliminary plat of
               Frontier Meadows consisting of 3 residential lots
               with waivers to the required street paving and
               stormwater drainage on property generally located
               at Old Cheney Road and Frontier Road. (In
               connection w/03-92) (6/9/03 - Con't P.H. &
               delay Action 2 wks to 6/23/03)
                    Fact Sheet (585K)

37)  03R-131   Approving an Agreement between the City and the
               Nebraska Department of Roads for City Project No.
               546007 for the proposed funding of a roundabout at
               the intersection of S. 40th Street and Sheridan
               Blvd. (6/2/03 - Public Hearing Con't. & Action
               delayed to 7/14/03)
                   Fact Sheet (60K)
                   Agreement (387K)


PENDING LIST   (EXTENDED ONE WEEK; SEE ITEM #47)

38)  00-65     Change of Zone 3196 - App. of the Interim
               Planning Director for a change from B-1 Local
               Business & R-3 Residential to B-2 Planned
               Neighborhood Business & from R-3 Residential
               to AGR Agricultural Residential, on property
               generally located at S. Coddington Ave. & W.
               Van Dorn St.  (In connection w/00-67) 
               (4/17/00 - Placed on Pending) (3/5/01 -
                Placed on Pending)
                    Fact Sheet (1.4M)

39)  00-67     Change of Zone 3247 - App. of the Interim
               Planning Director for a change from AGR
               Agricultural Residential & R-3 Residential to
               B-2 Planned Neighborhood Business, on
               property generally located on the southwest
               corner of S. Coddington Ave. & W. Van Dorn
               St. (In connection w/00-65)
               (4/17/00 - Placed on Pending)
               (3/5/01 - Placed on Pending)
                    Fact Sheet (949K)

40)  01-39     Vacating the south 40' of X St. adjacent to
               Lot 1, Block 6, North Lincoln Add., generally
               located at N. 9th & X Sts.  (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)

41)  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)

42)  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) 

43)  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)

44)  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)

45)  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)

46)  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)

47)            Application of Dian Hua dba "Gourmet China Buffet"
               for a Class "J" liquor license at 5130 North 27th
               Street. (5/5/03 - Placed on Pending, until
               applicant interviewed & police report
               complete)(WITHDRAWN, 6-0; #38-4444)

48)  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. (05/05/03 - Placed on
               Pending)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
        PUBLIC HEARING ON MONDAY, JUNE 23, 2003 @ 1:30 P.M.: (APPROVED, 7-0)
                                                             (SEE ITEM #50)                                             
                         
49)  03R-154   Appointing Terry Werner to the Joint Budget
               Committee to fill the unexpired term of Coleen
               Seng expiring August 31, 2003.

50)  03R-155   Appointing Ken Svoboda to the Railroad
               Transportation Safety District to fill the
               unexpired term of Coleen Seng expiring August 31,
               2003. (WAIVED RULES OF HAVE ACTION THIS DATE, 6-0; 
               ADOPTED, 6-0; A-82163)


51)  03R-156   Reappointing Jonathan Cook to the Parks and
               Recreation Advisory Board for a three-year term
               expiring April 17, 2006.

52)  03R-157   Appointing Edward Wimes to the City Personnel
               Board for a five-year term expiring June 22, 2008.
                    Application (87K)
							 
53)  03R-158   Special Permit 617B - Application of Sutter Place
               Partners to amend the Sutter Place Apartments
               Community Unit Plan to revise the building
               envelopes on property generally located at South
               48th Street and Claire Avenue.
                    Fact Sheet (576K)


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 (6/18/03) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (6/23/03).


      
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   3:16 P.M.
                           
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