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City Council Heading City Letter Head
          ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
               MONDAY, SEPTEMBER 22, 2003, AT 1:30 P.M.

                     ALL MEMBERS PRESENT                  
                        
PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of Barrymore's for a special
               designated liquor license covering an area
               measuring 60 feet by 20 feet in the alley at 134
               North 13th Street, on October 4, 18, and 25, 2003
               from 12:00 p.m. (or 2 hours before kickoff) to
               7:00 p.m. (AMENDED, ADOPTED FOR APPROVAL AS AMENDED,
               7-0; A-82330)

2)             Application of DelRay Ballroom and Lounge for a
               Class I liquor license at 817 R Street. (ADOPTED FOR APPROVAL,
               7-0; A-82331)

3)             Manager application of Michael Scott Galloway for
               DelRay Ballroom and Lounge at 817 R Street. (ADOPTED FOR
               APPROVAL, 7-0; A-82332)

4)             Application of Benchmark Redevelopment, Inc. dba
               Buzzard Billy's Armadillo Bar/Grill for an
               addition to its licensed premise of the basement
               area measuring 65' by 64', making the licensed
               premises read as the south half of the main floor
               70' by 85' of a three story building, plus loading
               dock patio area approximately 20' by 70' to the
               east side of the building, plus the basement area
               measuring 65' by 64' on property generally located
               at 247 N. 8th Street, Suite 101. (ADOPTED FOR APPROVAL,
               7-0; A-82333)         

PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 5-7 HAD 2ND READING)

5)   03-145    Declaring the former Union Pacific right-of-way
               between N. 30th St. and N. 33rd St., north of
               Peter Pan Park consisting of approximately 1.5
               acres, as surplus property and authorizing the
               exchange thereof.
               Fact Sheet (455K)
							 
6)   03-146    Change of Zone 3416 - App. of Witherbee
               Neighborhood Assoc. for a change from R-4
               Residential to R-2 Residential on property
               generally located between the west side of S. 37th
               St. and the east side of S. 42nd St., from J St.
               to Randolph St., consisting of approximately 12
               blocks.
               Fact Sheet (1.34M)
							 
7)   03-147    Approving a four-year lease agreement between the
               City and Capital Towing Inc. for a vehicle impound
               lot located at 101 Charleston St. (In
               connection w/03R-249)
               Fact Sheet (12K)
               Attachment (23K)
							 
PUBLIC HEARING - RESOLUTIONS

8)   03R-233C  Accepting the report of new & pending claims
               against the City & approving disposition of claims
               set forth therein for the period of August 1 - 15,
               2003. (9/8/03 - Claim of Stephanie Byrd Placed
               on Pending & Con't. P. H. in 2 Weeks to
               9/22/03) (ACTION DELAYED AND P.H. CON'T. ONE WEEK TO 9/29/03, 7-0)

9)   03R-245   Authorizing the use of the public right-of-way for
               the replacement of a truck dock at Meadow Gold
               Dairies on S. 7th St. between L and M St. (ADOPTED, 7-0; A-82334)
               Fact Sheet (58K)
							 
10)  03R-246   Appointing James F. Schultz to the Government
               Access and Information Committee to fill an
               unexpired term expiring Jan. 1, 2004. (ADOPTED, 7-0; A-82335)
               Attachment (93K)
							 
11)  03R-247   Reappointing Christi Chaves, Janet Coleman, and
               Marty Ramirez, Ph.D. to the Community Health
               Endowment Board of Trustees for three-year terms
               expiring Sept. 1, 2006. (ADOPTED, 7-0; A-82336)

12)  03R-248   Appointing Gregory W. Key to the Citizen Police
               Advisory Board to fill an unexpired term expiring
               Nov. 17, 2005. (ADOPTED, 7-0; A-82337)
               Attachment (96K)
							 
13)  03R-249   Approving a four-year contract between the City
               and Capital Towing Inc. for vehicular towing and
               storage. (In connection w/03-147) (ACTION DELAYED ONE WEEK 
               TO 9/29/03, 7-0)
               Fact Sheet (44K)
               Attachment (384K)
					 
PUBLIC HEARING - DENIAL OF PEDDLER PERMIT

14)            Appeal of the Denial of Issuance of a Peddler Permit
               to Carisa Risor by Police Department. (ACTION DELAYED AND 
               CON'T. P.H. ONE WEEK TO 9/29/03; 7-0)

                 - END OF PUBLIC HEARING -

PETITIONS & COMMUNICATIONS 

15)            Setting the hearing date of Mon., October 6, 2003
               at 1:30 p.m. for the App. of Chad & Kira Goertzen 
               dba Zen's for a liquor catering license located at
               122 N. 11 Street, Suite 2. (ADOPTED, 7-0; A-82338)

16)            Setting the hearing date of Mon. October 6, 2003
               at 1:30 p.m. for the App. of Jan-Al Inc. dba Simply
               Paradise Social Hall for an addition to their licensed
               premise (5' 2" x 17' 6") located at 3235 North 35th St.
	       (ADOPTED, 7-0; A-82339)

17)            The following items have been referred to the Planning Dept.:
               Special Permit No. 1423I - App. of HiMark Golf LLC for a
                    Special Permit to amend the CUP to replace the 272 
                    multi family units with 31 single family attached
                    lots and 2 golf holes on property located at
                    at the corner of 84th & Old Cheney Road.
               Special Permit 2032 - App. of THN, LLC for a Special Permit
                    to sell alcoholic beverages for consumption off the
                    premises at property located at 2535 O Street.
               Special Permit 2033 - App. of THN, LLC for a Special Permit
                    to sell Alcoholic beverages for consumption on the
                    premises at property located at 2535 O Street.
               Special Permit 2034 - App. of Paul & Rochelle Markey to attach
                    the house to the garage for the use of a handicapped
                    person at property located at 2440 NW 2nd Street.
               Special Permit 2035 - App. of Peter & Galina Opanasyuk to 
                    build an addition to existing house with a 2 foot side
                    yard setback on property located at 446 E Street.

18)  MISCELLANEOUS REFERRALS

		Setting the hearing date of Monday, October 6, 2003 at 1:30 p.m.
                for the	App. of Overstreet, Inc. dba T's Stop & Shop for a Class 
                B liquor license, located at 1301 N. 27th Street. (ADOPTED, 7-0;
                A-82340)

		Re-setting the public hearing date on appeal denial of request
		for categorical exemption from impact fees submitted by Peter 
                Katt on behalf of Mary Jo Livingston and Mount Olive Evangelical 
                Church for Monday, October 20, 2003, at 1:30 p.m. (APPROVED, 7-0)	

		Clerk's Letter and Mayor's Approval of ordinances and resolutions 
                passed by Council on September 15, 2003.  (PLACED ON FILE)

		Report of City Treasurer of Occupation Tax for the month of August,
		2003: VARTEC; Glyphics Communications, Inc. and OCMC, Inc. (PLACED 
                ON FILE)

		Report of City Treasurer of Franchise Tax for the month of August, 2003
		from Aquila. (PLACED ON FILE)

REPORTS OF CITY OFFICERS

19)            Investment of Funds for the week of September 8
               through September 12, 2003. (ADOPTED, 7-0; A-82341)

20)            Report of City Treasurer of Telecommunications
               Occupation Tax July, 2003: ALYON Technologies, Inc.; 
               Quantum Shift Communications; T-Netix Telecom Services, 
               Inc.; IBM Global Services - NS Div., ; United Systems 
               Access Telecom; Star Number, Inc.; Alltel Systems of 
               the Midwest, Inc.; Alltel Communications of Nebraska, Inc.;
               Alltel Nebraska, Inc.; for the month of August, 2003: 
               D & D Communications, Inc. and NPCR, Inc. (PLACED ON FILE)

21)            Report of Nebraska Department of Road 2004-2009
               Surface Transportation Program. (PLACED ON FILE)

ORDINANCES - 1st READING (ITEMS 22 - 24 HAD 1ST READING)

22)  03-148    Change of Zone 3414 - Application of John, Janice,
               and Gary VerMaas for a change of zone from P
               Public Use District to O-3 Office Park District on
               property generally located northeast of the
               intersection of Pioneers Boulevard and Highway 2.
               (In connection w/03R-250)
               Fact Sheet (737K)
							 
23)  03-149    Amending Chapter 8.20 of the Lincoln Municipal
               Code to adopt changes to conform the Lincoln Food
               Code to new State Food Code.

24)  03-150    Approving a three-year/6,000 hour lease agreement
               between the City and Caterpillar Financial
               Services Corporation for a 627G Caterpillar
               Scraper.
               Fact Sheet (46K)
               Attachment (204K)
							 
ORDINANCES - 3RD READING 
&  RESOLUTIONS FOR ACTION

25)  03-137    Approving a Sublease Agreement between the City & 
               Lincoln Action Program for a sublease of space at 
               the One Stop Center, 1010 N St., to provide job
               training & employment services under the Workforce 
               Investment Act. (PASSED, 7-0; #18241)

26)  03-138    Amending the pay schedule for a certain employee
               group prefixed by the letter E by changing the job
               classification of Workers' Compensation Claims
               Assistant to Workers' Compensation Claims
               Specialist. (PASSED, 7-0; #18242)
               Fact Sheet (49K)
							 
27)  03-139    Amending the pay schedule for a certain employee
               group prefixed by the letter M by creating the job
               classification of Workers' Compensation
               Coordinator. (PASSED, 7-0; #18243)
               Fact Sheet (47K)
               Attachment (67K)
							 
28)  03-140    Amending the pay schedule for a certain employee
               group prefixed by the letter A by creating the job
               classification of Learning Center Supervisor. (PASSED, 7-0; 
               #18244)
               Fact Sheet (44K)
               Attachment (74K)
							 
29)  03-141    Amending the Lincoln Corporate Limits Map by
               annexing approx. 1.06 acres of property generally
               located at 1501 W. Van Dorn St. (PASSED, 7-0; #18245)
               Fact Sheet (661K)
							 
30)  03-142    Change of Zone 3417 - App. of  Carlos Lake L.L.C.
               for a change from R-2 Residential District to R-T
               Residential Transition Dist., on property
               generally located at S. 55th St. & South St.
               (In connection w/03R-239, 03R-240) (PASSED, 7-0; #18246) 
               Fact Sheet (720K)
							 
31)  03R-239   Special Permit 638A - App. of Carlos Lake L.L.C.
               to expand an existing parking lot in a residential
               district on property generally located at S. 55th
               St. & South St. (In connection w/03-142, 03R-
               240) (ADOPTED, 7-0; A-82342)
               Fact Sheet (721K)
							 
32)  03R-240   Use Permit 153 - App. of Carlos Lake L.L.C. to
               develop Midtown Business Park consisting of two
               5,000 sq. ft. office/medical buildings, with
               requested waivers to the allow lots that do not
               have frontage or direct access to a public or
               private roadway, on property generally located at
               S. 55th St. & South St. (In connection w/03-142,
               03R-239) (ADOPTED, 7-0; A-82343)
               Fact Sheet (784K)
							 
33)  03-143    Amending Sections 26.19.020 & 26.31.010 of the
               Lincoln Municipal Code to modify the procedure for
               granting modifications of subdivision requirements
               & providing an appeal process therefor. (PASSED, 7-0; #18247)
               Fact Sheet (137K)
							 
34)  03-144    Approving the License Agreement between the City &
               Alltel Communications to locate telecommunications
               facilities on a City water tower on property
               located at Air Park. (PASSED, 7-0; #18248)
               Fact Sheet (43K)
               Attachment (628K)
							 
PENDING LIST - DATE CERTAIN

35)  03-130    Amending the Lincoln Corporate Limits Map by
               annexing approximately 186.7 acres of property
               generally located east of South 84th Street between
               Old Cheney Road and Pine Lake Road. (8/25/03 - 
               Public Hearing Con't. To 1/12/04)
               Fact Sheet (974K)
               Attachment (31K)
							 
PENDING LIST     (EXTENDED ONE WEEK)

36)  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)
							 
37)  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)
							 
38)  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)
							 
39)  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)
							 
40)  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)
							 
41)  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)
							 
42)  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)
							 
43)  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)
							 
44)  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, SEPTEMBER 29, 2003 AT 5:30 P.M.: (APPROVED, 7-0, SEE ITEM 57)

45)  03R-250   Use Permit 152 - Application of John, Janice, and
               Gary VerMaas to develop 49,900 square feet of
               medical, financial, and office floor space, with
               waivers to the required front yard setback along
               S. 13th Street,  sidewalk along Highway 2
               south of Pioneers Boulevard, to eliminate the
               crown from the pavement cross-section, parking lot
               screening along S. 13th Street, and sanitary sewer
               flow opposite street grades, on property generally
               located northeast of the intersection of Pioneers
               Boulevard and Highway 2. (In connection w/03-148)
               Fact Sheet (522K)
							 
(PLEASE NOTE: Public Hearing & possible Action on this item (#46) will
be Wednesday, 10/1/03 at 7:00 p.m. at Scott Middle School, Multi-Purpose
Room, 2200 Pine Lake Rd.)
46)  03R-251   Adopting the Southeast Upper Salt Creek Watershed
               Master Plan as an approved subarea plan and to
               amend the Land Use Plan to designate land as Green
               Space or Agricultural Stream Corridor along the
               100 year flood prone corridor, on property
               generally located between Salt Creek and S. 70th
               Street, from Yankee Hill Road to south of Saltillo
               Road.
               Fact Sheet 1 (1.3MB)
               Fact Sheet 2 (1.6MB)
							 
47)  03R-252   Assessing premise clearance costs associated with
               the clearing of public nuisances by the Health
               Department to the following benefitted properties:
               5053 Holdrege Street and 444 N. 27th Street.
               Fact Sheet (42K)
               Attachment (120K)
							 
48)  03R-253   Authorizing submittal of a grant application to
               the Transportation Enhancement Program for the
               construction of the Antelope Creek Trail Phase 1
               from the dog run in Holmes Park to approximately
               86th and Old Cheney Road.
               Fact Sheet (41K)
							 
49)  03R-254   Approving the application of the University of
               Nebraska-Lincoln for use of the public
               right-of-way for the installation of a 4"
               telecommunications conduit under a portion of the
               abandoned Union Pacific Railroad right-of-way and
               North 18th Street to provide optic communication
               to the Cushman plant building at 900 N. 21st
               Street.
               Fact Sheet (57K)
							 
50)  03R-255   Appointing Riek Puok Riek to the Multicultural
               Advisory Committee to fill an unexpired term
               expiring September 18, 2005.
               Application (53K)
							 
51)  03R-256   Appointing Rick Gardner, Brittawni Olson, and
               Sitaram Jaswal to the Air Pollution Control
               Advisory Board for three-year terms expiring
               September 1, 2006.
               Fact Sheet (38K)
               Application (113K)
							 
52)  03R-264   Reappointing Wayne Heyen, Kevin Horne, and Carol
               Swigart to the Air Pollution Control Advisory
               Board for three-year terms expiring September 1,
               2006.

53)  03R-257   Approving appropriations in the amount of $37,288
               from the operation of Keno lottery funds for
               various human services.
               Fact Sheet (34K)
               Attachment (91K)
							 
54)  03R-258   Resolution of Support of a Lancaster County grant
               submittal to the Transportation Enhancement
               Program for the construction of the Jamaica North
               Trail located on the abandoned Union Pacific
               Railroad from ½ mile south of Saltillo Road
               to J Street and that the City will provide on-
               going maintenance for the trail.
               Fact Sheet (50K)
							 
55)  03R-259   Approving an Agreement between the City and the
               Nebraska Dept. of Roads for the construction of
               the Antelope Valley Vine Street Bridge and Roadway
               Project (Project No. STPC-5240(3)) and for
               eligibility of Federal Funds.
               Fact Sheet (62K)
               Attachment (514K)
							 
56)  03R-260   Accepting the report of new and pending claims
               against the city and approving disposition of
               claims set forth therein for the period of
               September 1 to 15, 2003.
               Fact Sheet (15K)
               Attachment (25K)
							 
57)  03R-261   Ordering Ornamental Lighting District No. 286
               constructed, being South 20th Street to South 27th
               Street, Van Dorn Street to High Street. (P.H. ON 9/29/03 
               & 10/06/03 WITH POSSIBLE ACTION ON 10/06/03, 7-0)
               Fact Sheet (55K)
							 
58)  03R-262   Approving a Contract for Services between the City
               and Cornhusker Place for a three-year term to
               provide services of chemical testing of breath
               samples.
               Fact Sheet (38K)
               Attachment (187K)
							 
59)  03R-263   Approving a Contract for Services between the City
               and Cornhusker Place for a three-year term to
               provide protective custody services.
               Fact Sheet (34K)
               Attachment (281K)
							 

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 (9/24/03) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (9/29/03).

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.


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