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City Council Heading City Letter Head

                  ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                            MONDAY, AUGUST 11, 2003, AT 5:30 P.M.


NOTE:     PUBLIC HEARING FOR THE 1 & 6 YEAR STREET & HIGHWAY PROGRAM &
            THE 2003-04 MAYOR'S RECOMMENDED ANNUAL OPERATING BUDGET & 
           CAPITAL IMPROVEMENT PROGRAM FY 2003-09 WILL BEGIN AFTER THE 
                        REGULAR CITY COUNCIL AGENDA.


                               ALL MEMBERS PRESENT

                              
PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE


PUBLIC HEARING 
ORDINANCES - 3RD READING & FINANCE PACKAGE RESOLUTIONS   
 

 1)  03-119    Amending Chapter 3.20 of the Lincoln Municipal
               Code relating to the Street Improvement Vehicle
               Tax to amend the definition of "construction" to
               include street designing; to allow funding for design
               and right-of-way acquisition; and to increase the fee
               schedule for the street improvement vehicle tax.
               (Public Hearing to be held on 8/4/03 and
               8/11/03) (ACTION DELAYED FOR ONE WEEK TO 8/18/03,
               6-1; SVOBODA DISSENTING)

 2)  03-120    Amending the Lincoln Municipal Code to create a
               new Chapter 3.26 to levy an occupation tax on 
               retailers of motor vehicle fuel at a rate of 5 cents
               per gallon of motor vehicle fuel.(Public hearing 
               to be held on 8/4/03 and 8/11/03)
               Motion to Amend 1 (6K)
               Motion to Amend 2 (6K)
               (ACTION DELAYED FOR ONE WEEK TO 8/18/03, 6-1; 
               SVOBODA DISSENTING)
							 
 3)  03R-208   Approving a resolution directing the submission of
               a proposed general obligation bond issue for 
               acquisition and construction of improvements to the
               City's streets and avenues, including sidewalks and
               trails at a Special Election. (Public Hearing to
               be held on 8/4/03 and 8/11/03) (ACTION DELAYED FOR ONE
               WEEK TO 8/18/03, 6-1; SVOBODA DISSENTING)  

 4)  03R-209   Approving a new schedule for water use charges and
               approving the issuance of additional revenue bonds 
               for the Capital Improvements Program FY 2003-04.
               (Public Hearing to be held on 8/4/03 and 8/11/03)
               Fact Sheet (64K)
                (ACTION DELAYED FOR ONE WEEK TO 8/18/03, 6-1;
		SVOBODA DISSENTING)
							 
 5)  03R-210   Approving a new schedule for wastewater use
               charges and approving the issuance of additional 
               revenue bonds for the Capital Improvements Program
               FY 2003-04.(Public Hearing to be held on 8/4/03 
               and 8/11/03)
               Fact Sheet (59K)
               (ACTION DELAYED FOR ONE WEEK TO 8/18/03, 6-1;
		SVOBODA DISSENTING)
 							 
 6)  03R-211   Approving an increase in the monthly rate for
               the 911 Surcharge from 50 cents to $1.00 per line.
               (Public Hearing to be held on 8/4/03 and 8/11/03)
               Fact Sheet (83K)
               Attachment (22K)
               (ACTION DELAYED FOR ONE WEEK TO 8/18/03, 6-1;
               SVOBODA DISSENTING)
    
      
PUBLIC HEARING 
ORDINANCES - 2nd READING (ITEMS 7 THRU 10 HAD 2ND READING) 

 7)  03-124    Approving a transfer of unspent and unencumbered
               appropriations between capital improvement
               projects within the Sanitary Sewer Construction
               Fund, Water Construction Fund, Landfill Revenue
               Fund, Street Construction Fund, Vehicle Tax Fund,
               Storm Sewer Bond Issue Fund, Parking Revenue Fund,
               and Parking Lot Revolving Fund with the Public
               Works & Utilities Department, and the Golf Fund,
               General Fund, and Donations Fund within the Parks
               Department.
               Fact Sheet (54K)
							 
 8)  03-125    Change of Zone 3415 - App. of the Planning
               Director to amend Title 27 of the Lincoln
               Municipal Code to eliminate a combined use permit
               and special permit in the O-3, R-T, B-2, and B-5
               zoning districts; to eliminate a pre-application
               fee for personal wireless facility applications;
               and to increase application fees.
               Fact Sheet (207K)
               Memorandum (21K)
							 
 9)  03-126    App. of the Planning Director to amend Title 26 of
               the Lincoln Municipal Code to amend subdivision
               process procedures including repeal of
               administrative final plats; granting the Planning
               Director authority to approve final plats;
               clarifying who may appeal Planning Commission
               action on a preliminary plat; eliminating City
               Council review of preliminary plats; allowing the
               Planning Director to approve final plats without a
               preliminary plat under certain conditions;
               modifying the provisions regarding action on a
               final plat; modifying the provisions regarding
               filing the final plat with the Register of Deeds;
               modifying the provisions regarding survey errors
               and corrected plats; modifying the provisions
               regarding data required on preliminary plats and
               final plats; and to add fees and increase fees for
               filing applications under the Land Subdivision
               Ordinance.
               Fact Sheet (285K)
               Memorandum (21K)

10)  03-127    App. of the Planning Director to amend Title 14 of
               the Lincoln Municipal Code to amend the procedure
               for vacation of public ways and establish a filing
               fee.
               Fact Sheet (234K)
               Memorandum (21K)
							 
							 
PUBLIC HEARING - RESOLUTIONS

11)  03R-213   Approving a multi-year contract with funding from
               more than one fiscal CIP budget year for the 14th
               St. widening from Old Cheney to 1/4 mile north of
               Pine Lake Rd., City Project No. 701306.
               Fact Sheet (63K)
               (ADOPTED, 7-0; A-82261)

12)  03R-214   Special Permit 2028 - App. of Mettlen, Inc. dba
               Jax for authority to sell alcoholic beverage for
               consumption on the premises on property generally
               located at 2711 S. 48th St.
               Fact Sheet (259K)
               (ADOPTED, 4-3; CAMP, COOK, WERNER DISSENTING; 
               A-82262) 
		 
13)  03R-215   Authorizing the Planning Department to collect a
               fee for amendment requests to the City/County
               Comprehensive Plan.
               Fact Sheet (13K)
               Memorandum (21K)
               (ACTION DELAYED FOR ONE WEEK TO 8/18/03, 7-0)							 

                       - END OF PUBLIC HEARING -



PETITIONS & COMMUNICATIONS


14)  MISCELLANEOUS REFERRALS

		Clerk's letter and Mayor's approval of Ordinances & 
                Resolutions passed by Council on July 28, 2003.
                 (PLACED ON FILE)

		Clerk's letter and Mayor's approval of Ordinances &
                Resolutions passed by Council on August 4, 2003. 
                 (PLACED ON FILE)

		Lincoln Water & WasteWater Recapitulation of Daily Cash
                Receipts for July 2003.  (PLACED ON FILE)
		
		THE FOLLOWING WERE REFERRED TO PLANNING DEPT:
		Change of Zone 3416 - App. of Witherbee Neighborhood
                    Association for a change from R-4 to R-2 to include
                    properties on the south side of J Street to the north
                    side of Randolph Street and the west side of 37th 
                    Street to and including the east side of 42nd Street.
		Change of Zone 3417 - App. of Brian Carstens for Carlos
                     Lake, LLC to change from R-2 to RT to develop two
                     5,000 Sq. Ft. office/medical building & associated
                     parking at South 55th Street and South Street.
		Use Permit 153 - App. of Brian Carstens for Carlos Lake,
                     LLC to develop two 5,000 sq. ft. office/medical 
                     building & associated parking at South 55th Street 
                     and South Street.
		Special Permit 638A - App. of Brian Carstens for Carlos
                     Lake LLC & Alan & Nancy Lee to add additional parking
                     for existing building at South 55th Street and 
                     South Street.
		Special Permit 1022D - App. of TSP Seven Inc. for the 
                     addition of 12 apartment units to the 180 units
                     approved at 27th Street and Old Cheney.
		Special Permit 2019 - App. of Steve TeSelle dba Foresights,
                     LLC to construct an Early Childhood Care Facility to
                     care for 100 children or less with 13 employees at
                     Randolph Street, east of 40th Street.
		Special Permit 2020 - App. of Steve TeSelle dba Foresights
                     LLC to construct a 36 unit multi-family community
                     unit plan at the northeast corner of 40th Street
                     and Randolph Street.
		Special Permit 2030 - App. of ESP for a C.U.P. at North
                     84th Street and Bluff Road.

		Formal Petition for Alley Paving District 362-A in the
                east/west alley, 48th Street to 49th Street, Lowell
                to Meredeth submitted by Michael Jeffrey Vice President
                of Jeffrey Company.  (REFERRED TO LAW DEPT.)

		Formal Petition for Paving District 2626 in the West South
                Street, Southwest 23rd Street to Southwest 27th Street and
                Southwest 27th Street, West South to West A Street submitted
                by Robert L. Benes of Aspen Builders Inc.  (REFERRED
                TO LAW DEPT.)
            


REPORTS OF CITY OFFICERS 

15)            Investment of funds for the week of July 28 through 
               August 1, 2003.  (ADOPTED, 7-0;A-82263)
      
16)            Report of City Treasurer of Telecommunication
               Occupation Tax for the month of April - June, 2003:
               Accessline, Ehanced Comm., IDT Corp., Winstar; 
               June, 2003 - Qwest, Touch America, Nebraska Technology
               & Telecomm., Cricket, AT&T Comm. Of Midwest, Broadwing,
               C III Comm. Working Assets, ACN Comm., Shaffer,
               Primus, Bell Atlantic, Netifice, Virgin Mobile USA,
               Voicecom, Verizon Select, Global Crossing, TracFone 
               Wireless, Opex, OnStar, Trans Nati'l., American Farm
               Bureau, IBM Global, Comtech 21, GE Business Prod. 
               Solutions, United Systems Access, Star Number,
               Teligent Services, Intelicall Operator Services, 
               XO Long Distance, T-Netix, Quantum Shift,
               Alyon Tech.  (PLACED ON FILE) 

17)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               Idle Funds during the month ended June 30, 2003.
               (PLACED ON FILE)

            
ORDINANCES - 1st READING   (ITEMS 18 & 19 HAD 1ST READING)

18)  03-128    Repealing Ordinance 18016 which created Alley
               Paving District 362, being the north/south alley,
               between 54th St. to 56th Sts., from Cleveland to
               Adams Sts.
               Fact Sheet (58K)
               
19)  03-129    Approving a § 457 Deferred Compensation Plan
               to be administered by Nationwide Retirement
               Solutions.
               Fact Sheet (38K)
               Attachment (573K)


ORDINANCES - 3RD READING  

20)  03-109    Change of Zone 3407 - App. of Mike Moser for a
               change from R-2 Residential District to R-3
               Residential District on property generally located
               southwest of the intersection of Cherrywood Dr.
               and Sycamore Dr. (In connection w/03R-197)
               Fact Sheet (887K)
               (PASSED, 7-0; #18216)
							 
21)  03R-197   Special Permit 2017 - App. of Mike Moser to
               develop Maple Village Community Unit Plan for 36
               attached single-family dwelling units and one
               single-family unit, with waivers to eliminate the
               preliminary plat process; to allow the Director of
               Planning to approve administrative final plats in
               accordance with the approved community unit plan;
               to allow the Director of Planning to approve
               administrative final plats that include public
               streets and private roadways; to waive the
               required rear yard setbacks, front yard setbacks,
               average lot width, lot area, centerline curve
               radius, and private roadway width, on property
               generally located southwest of the intersection of
               Cherrywood Dr. and Sycamore Dr. (In connection
               w/03-109) (8/4/03 - Action delayed 1 week to
               8/11/03)
               Fact Sheet (1,125K)
               (AMENDED, 7-0; ADOPTED, 7-0; A-82265)		
			 
22)  03-110    Adopting pay schedules and schedules of pay ranges
               for employees whose classifications are assigned to pay
               ranges prefixed by the letter N.
               Fact Sheet (138K)
	       (PASSED, 7-0; #18217)
 				 
23)  03-111    Adopting pay schedules and schedules of pay ranges
               for employees whose
               classifications are assigned to pay ranges
               prefixed by the letter X.
               Fact Sheet (138K)
               (PASSED, 7-0; #18218)
							 
24)  03-112     Adopting pay schedules and schedules of pay ranges
               for employees whose classifications are assigned to
               pay ranges prefixed by the letter B.
               Fact Sheet (47K)
               (PASSED, 7-0; #18219)
							 
25)  03-113    Adopting pay schedules and schedules of pay ranges
               for employees whose classifications are assigned to
               pay ranges prefixed by the letter A and C.
               Fact Sheet (138K)
               (PASSED, 7-0; #18220) 
							 
26)  03-114    Adopting pay schedules and schedules of pay ranges
               for employees whose classifications are assigned to
               pay ranges prefixed by the letter E.
               Fact Sheet (47K)
               (PASSED, 7-0; #18221)
							 
27)  03-115    Adopting pay schedules and schedules of pay ranges
               for employees whose classifications are assigned to
               pay ranges prefixed by the letter F.
               Fact Sheet (46K)
               (PASSED, 7-0; #18222)
							 
28)  03-116    Adopting pay schedules and schedules of pay ranges
               for employees whose classifications are assigned to
               pay ranges prefixed by the letter M.
               Fact Sheet (47K)
               (PASSED, 7-0; #18223)
							 
29)  03-117    Adopting pay schedules and schedules of pay ranges
               for employees whose classifications are assigned to 
               pay ranges prefixed by the letter P.
               Fact Sheet (138K)
               (PASSED, 7-0; #18224)
							 
30)  03-118    Amending Chapter 2.76 of the Lincoln Municipal
               Code relating to the Personnel System by amending
               Section 2.76.153, Compensation, Merit Pay Plan, 
               Shift Differential; Section 2.76.200 Compensation Plan,
               Temporary Assignment in a Higher Classification; 
               Section 2.76.380 Sick Leave With Pay; and Section
               2.76.475, Grievance Procedure, to reflect
               negotiated changes and changes applicable to
               employees not represented by a bargaining unit.
               Fact Sheet (47K)
               (PASSED, 7-0; #18225)
							 
31)  03-123    Approving a Sublease Agreement between the City
               and the State of Nebraska DAS/State Building Division
               on behalf of Vocational Rehabilitation Services, 
               Department of Education for a sublease of space at 
               1010 N St. to provide job training and employment 
               services under the Workforce Investment Act.
               (PASSED, 7-0; #18226)


PENDING LIST - DATE CERTAIN

32)  03R-178   Comp. Plan Amendment 03016 - Application of the Planning
               Director on behalf of Dwaine Rogge to amend the 2025
               Lincoln/Lancaster County Comprehensive Plan to change
               a portion of property designated "Environmental Resources" 
               to "Industrial" between Salt Creek and Arbor Road, west
               of North 70th Street (7/14/03 - Pending; Con't P.H.
               & Action on 8/18/03)
               Fact Sheet (333K)
							 
33)  03-103    Amending Chapter 10.26 of the Lincoln Municipal Code to
               reflect the changes to the Transportation Plan of the 
               Lincoln-Lancaster County Comprehensive Plan. 
               (7/21/03-Pending;Con't P.H. & Action on 9/8/03)


PENDING LIST     (EXTENDED ONE WEEK)

34)  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)
							 
35)  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)
							 
36)  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)
							 
37)  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)
							 
38)  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)
							 
39)  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)
							 
40)  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)
							 
41)  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)
							 
42)  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)
							 
43)  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)

							 
44)  03R-181   Approving a waiver of subdivision requirements for
               the installation of sanitary sewers in 1st Street, 
               water mains in 1st Street, storm sewers in 1st and 
               2nd Streets, street paving in 1st and 2nd Streets, 
               street trees, and sidewalks along 1st and 2nd Streets,
               within the People's City Mission Administrative Final 
               Plat generally located at North 2nd and R Streets.   
               (7/07/03 - Pending; to have public hearing w/vacation 
               Ordinance)

							 

WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
     HEARING ON MONDAY, AUGUST 18, 2003 AT 1:30 P.M.:  (APPROVED, 7-0)

45)  03R-216   Approving the Administration Agreement between the
               City of Lincoln and Nationwide Retirement
               Solutions for administration of a § 457
               Deferred Compensation Plan.
               Fact Sheet (39K)
               Attachment (376K)
							 
46)  03R-217   Accepting and approving the preliminary plat of
               EDM Business and Industrial Park for 31 lots for
               commercial and industrial development on property
               generally located south of the intersection of
               S.W. 32nd St. and W. O St.
               Fact Sheet (568K)
							 
47)  03R-218   Special Permit 421D - App. of Frank and Joan Rall
               to amend the Carriage Hill 4th Community Unit Plan
               to retain the existing single family dwelling and
               to allow the construction of four two-family
               structures, with requests to waive sidewalk,
               street tree and landscape screening design
               standards, on property generally located at 81st
               and A Sts.
               Fact Sheet (544K)
							 
48)  03R-219   Combined Pre-Existing Use Permit/Special Permit
               10A - App. of Flowerview Associates to reduce
               setbacks due to the right-of-way acquisition along
               O St. and N. 66th St.
               Fact Sheet (424K)
							 
49)  03R-220   Pre-Existing Use Permit 3AB - App. of Westfield
               Shoppingtown, to amend the sign package on
               property generally located at 6100 O St. to
               replace and move wall signs, interior directional
               signs and perimeter signs.
               Fact Sheet (732K)
							 
50)  03R-221   Approving an Interlocal Agreement between the City
               and Waverly Public Schools to allow the Health
               Department staff to provide nursing consultation
               services during the 2003-2004 school year.
               Fact Sheet (41K)
               Attachment (111K)
							 
51)  03R-222   Accepting the report of new and pending claims
               against the city and approving disposition of
               claims set forth therein for the period of July 16
               to 31, 2003.
               Fact Sheet (14K)
               Exhibit (31K)

52)  03R-223   Approving an Interlocal Agreement between the City
               and Malcom Public Schools to allow the Health
               Department staff to provide nursing consultation
               services during the 2003-2004 school year.
               Fact Sheet (42K)
               Attachment (118K)

							 
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 (8/13/03) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (8/18/03).

 
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. - THERE WILL BE NO OPEN MIKE
           SESSION AT THE AUG. 11, 2003 MEETING.


ADJOURNMENT   12:55 A.M.


RECONVENE      1:04 A.M.


                      PUBLIC HEARING

1)   ONE & SIX YEAR STREET & HIGHWAY PROGRAM

2)   2003-04 MAYOR'S RECOMMENDED ANNUAL OPERATING BUDGET &
     CAPITAL IMPROVEMENT PROGRAM FY 2003/04 - 2008/09


ADJOURNMENT  2:23 A.M.



                               ****
                    The City Council Meeting 
      which is broadcast live at 1:30 p.m. every Monday and
          at 5:30 p.m. on the last Monday of each month
          will be rebroadcast on Saturdays at 1:00 p.m.,
          Immediately following the Pre-Council Meeting
                  on 5 City-TV, Cable Channel 5.
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