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City Council Heading City Letter Head
											 													
                     ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                              MONDAY, OCTOBER 6, 2003 AT 1:30 P.M.
 
                               NO MEETING ON NOVEMBER 10, 2003
                               NOVEMBER 17, 2003 MEETING AT 5:30 P.M.
                              NOVEMBER 24, 2003 MEETING AT 1:30 P. M.
    
                                    ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Manager application of Marlys K. Young for Eating
               Establishments Holding Company Inc. dba Flatwater
               Grill/Runza Restaurant at 210 N. 14th Street.
               (CON'T. P.H. & ACTION TO 10/13/03, 7-0)

2)             Manager application of Marlys K. Young for Eating
               Establishments Holding Company Inc. dba Flatwater
               Grill/Lincoln Station at 201 N. 7th Street, Suite
               100. (CON'T. P.H. & ACTION TO 10/13/03, 7-0)

3)             Application of Jan-Al Inc. dba Simply Paradise
               Social Hall for an expansion of their licensed
               premises by the addition of an area measuring
               approximately 16' by 5' on the south side of the
               premises, making the licensed description as the
               entire one story irregular shaped building
               approximately 50' by 128' plus enclosed deck area
               40' by 47' to the north, on property generally
               located at 3235 N. 35th Street.
               (ADOPTED FOR APPROVAL, 7-0; A-82365)

4)             Application of Chad and Kira Goertzen dba Zen's
               for a liquor catering license at 122 N. 11th
               Street, Suite 2.
               (ADOPTED FOR APPROVAL, 7-0; A-82366)

5)             Application of Overstreet, Inc. dba T's Stop &
               Shop for a Class B liquor license at 1301 N. 27th
               Street.  (ADOPTED FOR DISAPPROVAL, 7-0; A-82367)

6)             Manager application of Lakisha R. Overstreet for
               Overstreet, Inc. dba T's Stop & Sho at 1301 N.
               27th Street. (ADOPTED FOR DISAPPROVAL, 7-0;
               A-82368)


PUBLIC HEARING
ORDINANCES - 2ND READING - NONE


SPECIAL PUBLIC HEARING - SETTING THE 2003/04 PROPERTY TAX RATE

 7)  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)
                (ADOPTED, 6-1; CAMP DISSENTING; A-82369)


PUBLIC HEARING - RESOLUTIONS

 8)  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)
               (ADOPTED, 7-0; A-82370)

 9)  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. (ADOPTED, 7-0; A-82371)

10)  03R-267   Reappointing Rob Hackwith and Jeff Chambers to the
               Cable Advisory Board for a three-year term
               expiring July 1, 2006. (ADOPTED, 7-0; A-82372)

11)  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.
               (ADOPTED, 7-0; A-82373)

12)  03R-269M  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)
               (ADOPTED, 7-0; A-82374)

13)  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.
               Attachment (310K)
               Fact Sheet (76K)
               (ADOPTED, 7-0; A-82375)
							 
14)  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)
	       (ADOPTED, 7-0; A-82376)
		 
15)  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)
               (ADOPTED,  7-0; A-82377)
							 
16)  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)
               (ADOPTED, 7-0; A-82378)
							 
17)  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)
               (ADOPTED, 7-0; A-82379)

18)  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)
               (WITHDRAWN, 7-0; #38-4453)

                 - END OF PUBLIC HEARING -


PETITIONS & COMMUNICATIONS 

19             Setting the hearing date of Monday, October
               20, 2003 at 1:30 p.m. for the App. of Lincoln
               Air Host Inc. dba "Air Host Restaurant &
               Lounge" for a temporary change of location
               from area 35' x 296' on second floor to area
               34' x 27' in the deli & gift shop also on the
               second floor at 2400 W. Adams.
               (ADOPTED, 7-0; A-82380)

20)            Setting the hearing date of Monday, October 20,
               2003 at 1:30 p.m. for the App. of KKR Enterprises,
               Inc. dba "Lancaster's" for a Class "C" liquor
               license located at 3800 Old Cheney Road, Suite
               #105-106. (ADOPTED, 7-0; A-82381)

21)            Setting the hearing date of Monday, October 20,
               2003 at 1:30 p.m. for the App. of Chipotle Mexican
               Grill of Colorado, LLC dba "Chipotle Mexican
               Grill" for a Class "I" liquor license located at
               232 N. 13th Street.  (ADOPTED, 7-0; A-82382)

22)            Setting the hearing date of Monday, October 20,
               2003 at 1:30 p.m. for the App. of The Dugout, Inc.
               dba "The Dugout Sports Restaurant" for a Class "C"
               liquor license located at 311 N. 8th Street, Suite 1.
               (ADOPTED, 7-0; A-82383)


23)  MISCELLANEOUS REFERRALS

               Clerk's Letter and Mayor's Approval of ordinances
               and resolutions passed by Council on September 29, 2003.
                (PLACED ON FILE)

               Report from Lincoln Water & WasteWater System for the
               recapitulation of daily cash receipts fro September 2003.
                (PLACED ON FILE)

               Report from City Treasurer of Telecommunications 
               Occupation Tax for the month of August, 2003: ACN Comm.,
               Working Assets, Virgin Mobile USA, CIII Comm., Global
               Crossing, Touch America, Cricket Comm., Trans Nat'l.
               Comm. Int'l., Belt Atlantic, Primus, Verizon Select, 
               OnStar Corp., At & T Comm. of Midwest, Quest,
               Intellicall Operator Serv., Nebraska Technology & 
               Telecomm., Guaranteed Phone Service, McLeod USA.
               (PLACED ON FILE)

               Second Quarter Financial Report 2003 from Lincoln
               Electric System. (PLACED ON FILE)

               Investment of Funds from September 29 through
               October 3, 2003. ADOPTED, 7-0; A-82384)


REPORTS OF CITY OFFICERS

24)            Setting the hearing date of Monday, November 3,
               2003, at 1:30 p.m. for the Board of Equalization
               for Downtown Business Improvement District, Core
               Business Improvement District Overlay & Downtown
               Maintenance District.  (Requires a Motion)
               (APPROVED, 7-0)

25)            Report of City Treasurer of Telecommunications
               Occupation Tax for the month of August, 2003:
               Sprint Communication, Network Billing Systems, MCI
               WorldCom Network, VoiceCom, Norstan Network, XO
               Long Distance Services, Telco Development, Excel,
               Sprint Spectrum.  (PLACED ON FILE)

26)            Report of City Treasurer of Cash on Hand at the
               close of business August 31, 2003.  (PLACED ON
               FILE)


ORDINANCES - 1st READING  (ITEMS 27 & 28 HAD 1ST READING)

27)  03-152    Amending Section 26.33.020 of the Lincoln
               Municipal Code to include a maximum unit fee of
               $2,000 for applications for final plats.
               Fact Sheet (17K)
							 
28)  03-153    Vacating the south 155' of S.W. 32nd Street,
               generally located between West O Street and the
               BNSF Railroad lines south of West O Street.
               Fact Sheet (248K)


ORDINANCES - 3RD READING 
&  RESOLUTIONS FOR ACTION

29)  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)
               (PASSED, 7-0; #18252)
							 
30)  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)
               (ADOPTED, 7-0; A-82385)			
				 
31)  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.
               (PASSED, 7-0; #18253)

32)  03-150    Approving a three-year/6,000 hour lease agreement
               between the City and Caterpillar Financial
               Services Corporation for a 627G Caterpillar
               Scraper. (PASSED, 7-0; #18254)

33)  03R-251   Adopting the Southeast Upper Salt Creek Watershed
               Master Plan as an approved subarea plan and to
               amend the Land Use Plan to designated 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. (10/1/03 - Motion to
               Take Action at the formal City Council meeting on
               10/6/03)
               Fact Sheet 1 (1.3MB)
               Fact Sheet 2 (1.6MB)
               (AMENDMENT CONCEPT C, LOST, 3-4; COOK, MCROY,
               NEWMAN, WERNER DISSENTING; ADOPTED CONCEPT A, 5-2;
               CAMP, SVOBODA DISSENTING; A-82386.)
								

PENDING LIST - DATE CERTAIN

34)  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. (9/29/03 - P.H.
               Delayed to 10/27/03)
               Fact Sheet
							 
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, OCTOBER 13, 2003 AT 1:30 P.M.:
                                                      (APPROVED, 7-0)

45)  03R-276   Reappointing Kent Thompson to the Lincoln Housing
               Authority Board for a five-year term expiring July
               1, 2008.

46)  03R-277   Reappointing Gary Hejl and Rich Wiese to the
               Community Forestry Advisory Board for a three-year
               term expiring August 17, 2006.

47)  03R-278   Appointing William W. Lester to the Community
               Health Endowment Board of Trustees for a thee-year
               term expiring September 1, 2006.
               Attachment (131K)
							 
48)  03R-279   Accepting the report of new and pending claims
               against the city and approving disposition of
               claims set forth therein for the period of
               September 16 - 30, 2003.
               Attachment (26K)
               Fact Sheet (14K)
               
49)  03R-280   Approving the 2003-04 Work Plan for the Stormwater
               Interlocal Agreement between the City and the
               Lower Platte South NRD for addressing stormwater
               quality and quantity issues in the City.
               Attachment (301K)
               Fact Sheet (56K)
               							 
50)  03R-281   Special Permit 634D - Application of F. Pace Woods
               II to amend the Skyline Rolling Hills Community
               Unit Plan to revise the lot layout to accommodate
               wider rights-of-way for roundabouts and boulevards
               with medians, including waivers to allow a
               roundabout longitudinal grade from 3% to 5%, to
               allow a splitter island approaching a roundabout,
               and to allow driveway access off a roundabout, on
               property generally located at South 21st Street
               and Ridgeline Drive.
               Fact Sheet (378K)
							 
51)  03R-282   Accepting and approving the preliminary plat of
               Old Mill Village consisting of 115 residential
               lots and one outlot, including waiver requests to
               allow street grades greater than 3% at an
               intersection approach, to allow sanitary sewer
               grades opposite street grades, to allow double
               frontage lots, to allow block length to exceed the
               maximum length without a pedestrian easement, and
               waiver of improvements to urban standards, on
               property generally located at S.W. 12th Street and
               W. South Street.
               Fact Sheet (465K)
							 
52)  03R-283   Approving an application by the Parks and
               Recreation Department to the Nebraska Game and
               Parks Commission for financial assistance from the
               Land and Water Conservation Grant Funds for
               replacement of the public playground in Mahoney
               Park.
               Fact Sheet (73K)

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 (10/08/03) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (10/13/03).

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 4:47 P.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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