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City Council Heading City Letter Head
        ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
           MONDAY, SEPTEMBER 29, 2003, AT 5:30 P.M.

          (ALL MEMBERS PRESENT, EXCEPT FRIENDT)


PUBLIC HEARING - DENIAL OF PEDDLER PERMIT

1)             Appeal of the Denial of Issuance of a Peddler
               Permit to Carisa Risor by Police Department.
               (9/22/03 - P.H. Con't. To 9/29/03) (DENIAL UPHELD, 6-0)


PUBLIC HEARING
LIQUOR RESOLUTIONS

2)             Manager application of Kymberly Dillon for CEC
               Entertainment Inc. dba Chuck E. Cheese's at 221 N.
               66th Street. (ADOPTED FOR APPROVAL, 6-0; A-82344)


PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 3-5 HAD 2nd READING)

3)   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)

4)   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.

5)   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)


PUBLIC HEARING - RESOLUTIONS

6)             Application of St. Joseph Catholic Church/School
               of Lincoln to conduct a lottery within the City of
               Lincoln from October 1,2003 through November 16, 2003.
               (ADOPTED, 6-0; A-82345)
               Attachment (131K)

7)             Application of Pius X High School Booster Club to
               conduct a lottery within the City of Lincoln from
               January 24, 2004 through April 24, 2004.
               (ADOPTED, 6-0; A-82346)
               Attachment (112K)

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) (9/22/03 - P.H. Con't to
               9/29/03) (ADOPTED FOR DENIAL, 6-0; A-82347)

9)   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) (ACTION DELAYED ONE WEEK TO 10/6/03, 6-0)
               Fact Sheet (522K)

10)  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.
               (ADOPTED, 6-0; A-82348)
               Fact Sheet (42K)
               Attachment (120K)

11)  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. (ADOPTED, 6-0; A-82349)
               Fact Sheet (41K)

12)  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. (ADOPTED, 6-0; A-82350)
               Fact Sheet (57K)

13)  03R-255   Appointing Riek Puok Riek to the Multicultural
               Advisory Committee to fill an unexpired term
               expiring September 18, 2005. (ADOPTED, 6-0; A-82351)
               Application (53K)

14)  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. (ADOPTED, 6-0; A-82352)
               Fact Sheet (38K)
               Application (113K)

15)  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. (ADOPTED, 6-0; A-82353)

16)  03R-257   Approving appropriations in the amount of $37,288
               from the operation of Keno lottery funds for
               various human services. (ADOPTED, A-82354)
               Fact Sheet (34K)
               Attachment (91K)

17)  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. (ADOPTED, 6-0; A-82355)
               Fact Sheet (50K)

18)  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. (ADOPTED, 6-0; A-82356)
               Fact Sheet (62K)
               Attachment (514K)

19)  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. (ADOPTED, 6-0; A-82357)
               Fact Sheet (15K)
               Attachment (25K)

20)  03R-261   Ordering Ornamental Lighting District No. 286
               constructed, being South 20th Street to South 27th
               Street, Van Dorn Street to High Street.
               (9/22/03 - P.H. 9/29/03 and 10/6/03 w/possible
               Action 10/6/03)
               Fact Sheet (55K)

21)  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. (ADOPTED, 6-0; A-82358)
               Fact Sheet (38K)
               Attachment (187K)

22)  03R-263   Approving a Contract for Services between the City
               and Cornhusker Place for a three-year term to
               provide protective custody services. (ADOPTED, 6-0; A-82359)
               Fact Sheet (34K)
               Attachment (281K)

                 - END OF PUBLIC HEARING -

PETITIONS & COMMUNICATIONS 

23)            Setting the hearing date of Monday, October 13, 2003 @
               1:30 p.m. for the Mgr. App. of Jeff E. Erks for Gateway
               Bowl Corp. dba Gateway Bowl, located at 333 North Cotner
               Blvd. (ADOPTED, 6-0; A-82360)

24)            Setting the hearing date of Monday, October 13,
               2003 @ 1:30 p.m. for the App. of Salem FB, LLC dba
               Fast Break Northwoods for a Class B liquor license,
               located at 8350 Northwoods Drive. (ADOPTED, 6-0; A-82361)

25)  MISCELLANEOUS REFERRALS

		Approving the distribution of funds representing interest
                earning on short-term investments of idle funds during the
                month ended August 31, 2003. (ADOPTED, 6-0; A-82362)

		Investment of funds for the week of September 15 through
                September 26, 2003. (ADOPTED, 6-0; A-82363)

		Clerk's Letter and Mayor's Approval of ordinances and
                resolutions passed by Council on September 22, 2003.
                (Placed on file)

		The following were referred to the Planning Dept.:
		Change of Zone No. 3421 - App. of Chameleon & Co. for a change of zone from
			H-3 to R-3 on property located at West Charleston and 1st Streets.
		Change of Zone No. 3422 - App. of Karen Brouwer for a change of zone from AG
			to AGR on property located at SW 33rd and W. Denton Rd.
		Special Permit No. 1928A - App. of Ross Engineering amending the CUP for
			Sterling University to add an additional 171 apartment units and a
                        clubhouse to property located at SW 1st Street and West Charleston.
		Special Permit No. 2038 - App. of Britt B. Baer for a salvage yard on property
			located at 1647 South 3rd Street.
		Special Permit No. 2039 - App. of Mesal Enterprises, L.L.C. to sell alcoholic
			beverages at property located at 5240 S. 48th Street.

REPORTS OF CITY OFFICERS

26)            Report of City Treasurer of Telecommunications Tax
               for the month of August, 2003: Nextel West Corp.;
               NOSVA Limited Partnership; LDMI Telecommunications, Inc.;
               WorldXchange Corp.; Zone Telecom, Inc.; WWC License LLC;
               ATT Wireless PCS LLC; Lightyear Communications, Inc.; NOS
               Communications, Inc.; Globalcom, Inc.; ATS Mobile
               Telephone Co., Inc.; Big Planet, Inc.; Glyphics
               Communications, Inc.; Association Administrators,
               Inc.; Tri-M Communications, Inc. and Affinity
               Network, Inc. (Placed on file)

ORDINANCES - 1st READING (ITEM 27 HAD 1ST READING, SEE ITEM #27)

27)  03-151    Change of Zone 3418 - Application of Kenneth and
               Rosemary Franks for a change of zone from R-4
               Residential District to H-2 Highway Business
               District on property generally located east of N.
               48th Street on Orchard Street. (P.H. DELAYED TO
               10/27/03, 6-0)
               Fact Sheet

ORDINANCES - 3RD READING
&  RESOLUTIONS FOR ACTION

28)  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. (PASSED, 6-0; #18249)
               Fact Sheet (455K)

29)  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. (PASSED, 6-0; #18250)
               Fact Sheet (1.34M)

30)  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) (PASSED, 5-1, MCROY DISSENTING;
               #18521)
               Fact Sheet (12K)
               Attachment (23K)

31)  03R-249   Approving a four-year contract between the City
               and Capital Towing Inc. for vehicular towing and
               storage. (In connection w/03-147) (MOTION TO AMEND ADOPTED, 5-1,
               SVOBODA DISSENTING; ADOPTED AS AMENDED, 5-1, MCROY DISSENTING; A-82364)
               Fact Sheet (44K)
               Attachment (384K)

PENDING LIST - DATE CERTAIN

32)  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)

33)  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)

34)  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)

35)  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)

36)  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)

37)  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)

38)  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)

39)  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)

40)  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)

41)  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)

PLEASE NOTE: Public Hearing & possible Action on this item
#42, 03R-251 will be Wednesday, 10/1/03 at 7:00 p.m. at Scott
Middle School, Multi-Purpose Room, 2200 Pine Lake Rd.

42)   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)

WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MON., OCT. 6, 2003 AT 1:30 P.M.:  (APPROVED, 6-0)

SPECIAL PUBLIC HEARING - SETTING THE 2003/04 PROPERTY TAX RATE
- TO BE HELD 10/6/03 ON ITEM #43, 03R-265.

43)  03R-265   Approving the 2003 - 2004 City tax rate of .29028
               per $100 of assessed valuation which lowers the
               tax rate from the current year by 7.7%.
               Attachment (72K)
               Fact Sheet (58K)

44)  03R-266   Reappointing John Carter, Gary Hejl, Sheryl
               Jordan, Lori Lopez Urdiales, Jose Soto, and Mary
               Jane Steward to the Community Development Task
               Force for a three-year term expiring August 31,
               2006.

45)  03R-267   Reappointing Rob Hackwith and Jeff Chambers to the
               Cable Advisory Board for a three-year term
               expiring July 1, 2006.

46)  03R-268   Reappointing Barry Moore and Dr. Gregory Kallos to
               the Lincoln Area Agency on Aging Advisory Council
               for a three-year term expiring July 1, 2006.

47)  03R-269   Approving the application of Conner's
               Architectural Antiques for the use of public
               right-of-way for the installation of a wheel chair
               ramp at 1001 L Street.
               Attachment (288K)
               Fact Sheet (56K)

48)  03R-270   Approving an amendment to the Software License
               Agreement between the City and J.D. Edwards Co. to
               include Lancaster County and the Affiliate
               Amendment that binds Lancaster County to the
               original agreement and approving a Memorandum of
               Understanding between the City and Lancaster
               County to detail cost distributions between the
               City and County.

49)  03R-271   Special Permit No. 572F - Application of Margaret
               Nelson to amend Thomasbrook Community Unit Plan to
               reduce the rear yard setback to enclose an
               existing patio at 2411 S. 60th Street within the
               area of the Holmeshaven Condominiums.
               Fact Sheet (325K)

50)  03R-272   Special Permit No. 643E - Application of Pat
               McGrane to amend Briarhurst West Community Unit
               Plan to reduce the rear yard setback for an
               enclosed deck on Lot 22, Block 5, Briarhurst West
               4th Addition, located at 5433 S. 31st Street
               Court.
               Fact Sheet (409K)

51)  03R-273   Special Permit No. 1022D - Application of South
               Lincoln Apartments Limited Partnership II to amend
               Old Cheney Place Community Unit Plan to add a 12-
               unit multi-family building, with waivers of the
               preliminary plat process to allow the Director of
               Planning to approve an administrative final plat
               in accordance with the approved community unit
               plan which includes public streets and private
               roadways, on property generally located at S. 27th
               Street, north of Old Cheney Road.
               Fact Sheet (785K)

52)  03R-274   Special Permit No. 671B - Application of Mike
               Winter to amend Wassung Park Community Unit Plan
               to reduce the side yard setback from 10' to 5' on
               Lot 12, Block 2, Wassung Park North Addition,
               located at 3921 and 3923 N. 8th Street.
               Fact Sheet (374K)

53)  03R-275   Authorizing the acquisition of fee title and/or
               conservation easements to implement the Southeast
               Upper Salt Creek Watershed Stormwater Master Plan.
               Fact Sheet (68K)

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 (10/01/03) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (10/06/03).

ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS
           AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA,
           MAY DO SO AT THIS TIME.

ADJOURNMENT - 8:18 P.M.


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