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City Council Heading City Letter Head
                    ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
                            MONDAY, NOVEMBER 17, 2003 AT 5:30 P.M.


                      NOVEMBER 24, 2003 MEETING AT 1:30 P. M.


                               ALL MEMBERS PRESENT                             


PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)            Application of Kwik Shop Inc. dba Kwik Shop #619
               for a Class D liquor license at 2302 Cornhusker
               Highway. (ADOPTED FOR DENIAL, 7-0; A-82451)

 2)            Manager application of Mary E. Hoage for Kwik Shop
               Inc. dba Kwik Shop #619 at 2302 Cornhusker
               Highway.  (ADOPTED FOR APPROVAL, 4-3; COOK, FRIENDT,
               WERNER DISSENTING; A-82452)

 3)            Manager application of Christopher M. Thomson for
               Yankee Hill Development LLC dba Yankee Hill
               Country Club at 7600 San Mateo Lane. 
               (ADOPTED FOR APPROVAL, 7-0; A-82453)

 4)            Manager application of Thomas R. Alessi for Red
               Robin International, Inc. dba Red Robin America's
               Gourmet Burgers & Spirits at 2707 Pine Lake Road.
               (ADOPTED FOR APPROVAL, 7-0; A-82454)               

               
PUBLIC HEARING
ORDINANCES - 2ND READING    (ITEMS 5 AND 6 HAD 2ND READING)

 5)  03-177    Vacating S.W. 12th Street south of Lake Street and
               east of Lot 1, Block 3, Vestecka's Villa Van Dorn
               Addition.
               Fact Sheet (902K)
							 
 6)  03-176    Amending Title 8 of the Lincoln Municipal Code relating
               to Health and Sanitation by creating a new Chapter 8.48
               entitled the Lincoln Smokefree Air Act to set forth the
               title and purpose of the Chapter, to set forth general
               provisions regarding definitions used in the Chapter,
               to provide definitions for employee, employer, 
               guestroom or suite, health director, indoor area, 
               international no-smoking symbol, place of employment,
               proprietor, public place, smoke or smoking, respectively, 
               to provide exceptions to the provisions of the chapter; 
               to require the posting of "no smoking" signs, to provide
               for the enforcement of the provisions of the chapter,
               to provide penalties for violations of the chapter,
               to provide for severability of the chapter, and
               providing that this ordinance shall become effective
               six months after City Council approval.


PUBLIC HEARING - RESOLUTIONS

 7)  03R-314   Approving an Annexation Agreement between the City
               of Lincoln and the State of Nebraska Department of
               Administrative Services outlining certain
               conditions and understandings with regards to the
               annexation of the Lincoln Regional Center property
               generally located at the intersection of West Van
               Dorn and South Folsom Street. (In connection
               w/03-156)
               Attachment (64K)
               (ACTION DELAYED W/CONT. PUBLIC HEARING
               TO 12/1/03, 7-0)	

 8)  03R-316   Appeal of Danny Walker on behalf of the South Salt
               Creek Community Organization from the Planning
               Commission conditional approval of Special Permit
               2038 for authority to operate a salvage yard on
               approximately 27,000 sq. ft. on property generally
               located at South 3rd and Garfield Streets.
               Fact Sheet (942K)
               (ADOPTED, 5-2; COOK, NEWMAN DISSENTING; A-82455)
							 
 9)  03R-317   Approving an Interlocal Agreement between the City
               and County for right-of-way acquisition, design,
               and construction on South 98th Street to open one
               mile of new road between A Street and O Street.
               Fact Sheet (33K)
               Attachment (195K)
               (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-82456)							 

                           - END OF PUBLIC HEARING -


PETITIONS & COMMUNICATIONS 

10)           THE FOLLOWING WERE REFERRED TO PLANNING DEPARTMENT:
               Change of Zone 3419 - App. of Lynn Johnson, Parks
                  and Recreation Dept.,  for a change from R-3 to
                  B-2 at 1501 West Van Dorn Street.
               Change of Zone 3426 - App. of Albert L. Lambert
                  for a change from H-1 to H-3 at 1101 West Bond St.
               Change of Zone 3427 - App. of Lincoln Community
                  Playhouse for a change of the LMC 27.69.090 
                  Other Permitted Signs; Churches, Schools, and
                  Community Playhouses.
               Change of Zone 3428 - App. of Carol J. Brown
                    for a text change to the Zoning Ordinance.
               Change of Zone 3429 - App. of Krein Real Estate
                    for a change from R-4 to R-T at Allen Road and
                    Stephanie Lane.
               Change of Zone 3430 - App. of Lincoln Crossings
                    for a change of zone from B-2 & R-3 to B-5 at
                    North 27th St. and Folkways Blvd.
               Use Permit 57D - App. of Lincoln Crossings for an
                    amendment to include land between North Hill 
                    Road and Folkways Blvd.
               Use Permit 106A - App. of One Vista LLC/Talent+
                    for an amendment to Pre-existing Use Permit 106
                    on property at 60th St. & Pioneers Blvd.
               Use Permit 133 - App. of Stockwell Properties, LLC
                    to approve a Generic Use Permit for a
                    retail/commercial center at Coddington Ave. &
                    West Van Dorn St.
               Use Permit 155 - App. of Krein Real Estate Inc for
                    10 single family units at Allen Road and
                    Stephanie Lane.
               Special Permit 1713B - App. of Krein Real Estate
                    Inc. to remove the proposed 150 units that 
                    abut the enlarged outlot/open space at Allen 
                    Road & Stephanie Lane.
               Special Permit 1826A - App. of Larry Schwarck and
                    Blanche E. Schwarck to increase the dwelling
                    units from 34 to 44 units at 56th and Linden St.
               Special Permit 2042 - App. of Kwik Shop, Inc. to
                    permit the sale of  alcoholic beverages for
                    consumption off the premises at 2302
                    Cornhusker Highway.


11)  MISCELLANEOUS REFERRALS

	      Report of UNL Microbiologist for water testing for
              the month of October, 2003.  (PLACED ON FILE)

              Affidavit of Mailing for Board of Equalization Special
              Assessment Group II to be held on Monday, November 24, 
              2003, 10:00 a.m.  (PLACED ON FILE)

              Assessment Resolutions for Special Assessment Group II,
              Board of Equalization Meeting to be held on Monday,
              November 24, 2003, 10:00 a.m.  (Requires a motion)
              (APPROVED, 7-0)

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



REPORTS OF CITY OFFICERS 

12)            Clerk's Letter and Mayor's Approval of ordinances
               and resolutions passed by the Council on November
               3, 2003.   (PLACED ON FILE)

13)            Investment of Funds from October 27 thru October
               31, 2003.  (ADOPTED, 7-0; A-82457)

14)            Investment of Funds from November 3, thru November
               7, 2003.  (ADOPTED, 7-0; A-82458)

15)            Assessing special taxes for the costs of the
               improvements in the Downtown Business Improvement
               District, the Core Business Improvement District
               Overlay, and the Downtown Maintenance District.
               (ADOPTED, 7-0; A-82459)

16)            Report from City Treasurer of franchise fees from
               Time Warner Cable to the quarter ending September
               30, 2003.  (PLACED ON FILE)
 
17)            Report from Lincoln Water & WasteWater System of
               the recapitulation of daily cash receipts for
               October 2003.  (PLACED ON FILE)

18)            Report from City Treasurer of Telecomm. Occ. Tax
               for the month of July - Sept., 2003: Enhanced
               Comm., Accessline, VoiceStream, Atmerican Farm
               Bureau, Opex, IDT, PNG; Sept., 2003: AT&T Comm. of
               Midwest, Cricket, Touch America, McLeod USA, One
               Call Comm., ACN, Netifice, Buyers United, Global
               Crossing, OnStar, Ciera network, Quest, Bell
               Atlantic, Primus, Verizon Select, Trans Nat'l.,
               Virgin Mobile USA, Norstan Network, Inellicall
               Operator, Alltel Nebraska, Alltel Comm., Alltel
               Systems of the Midwest, United Systems Access,
               Comtech 21, Quantum Shift, GE Business Prod.
               Solutions,IBM Global, Star Number, Working Assets
               Funding, Alyon Techn., T-Netix Telecom., Teligent
               Services, Voicecom, TracFone Wireless, XO Long
               Distance, Winstar.  (PLACED ON FILE)


ORDINANCES - 1st READING (ITEMS 19 THRU 22 HAD 1ST READING: SEE
			     ITEM 22)

19)  03-84     Change of Zone 3401 - Application of Urban Development
               for a change of zone from R-6 Residential District to 
               B-3 Commercial District on property generally located 
               at N. 27th and P Streets. (In connection w/03R-326)
               Fact Sheet (592K)
							 
20)  03-178    Renaming Ogden Road generally located northeast
               off of Superior Street at N. 1st Street and
               Superior Street, as Campers Circle.
               Fact Sheet (159K)
							 
21)  03-179    Change of Zone 2751A - Amending the Van Dorn Acres
               Planned Unit Development for 210 residential units
               and 33,000 square feet of commercial floor area
               for uses allowed in the B-1 Local Business
               District, including the on and off sale of alcohol
               in portions of buildings 9 and 10 that are within
               100' of a residential district, provided the on-
               sale alcohol is limited to businesses which derive
               more than 50% of their gross receipts from food
               sales, and waivers of the requirements to allow a
               private sanitary ejector pump to serve the
               commercial area, to eliminate pedestrian easement,
               to allow tandem parking in the required parking,
               and to exceed the maximum building height for the
               multi-family structures, on property generally
               located at the southwest corner of 84th and Van
               Dorn Streets.
               Fact Sheet 1 (435K)
               Fact Sheet 2 (779K)
							 
22)  03-180    Approving a five year lease agreement between B &
               J Partnership Ltd. and the City d/b/a Lincoln Fire
               & Rescue for the lease of warehouse space at 2600
               Park Blvd.
               Fact Sheet (66K)
               Attachment (511K)
               (DELAYED PUBLIC HEARING TO 12/1/03, 7-0)
							 

ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY

23)  03R-315   Adopting the Lincoln Electric System Annual Budget
               for 2003. (Action on 11/17/03)
               Fact Sheet (405K)
               (ADOPTED, 7-0; A-82460)
 

24)  03-156    Amending the Lincoln Corporate Limits Map by
               annexing approximately 468.49 acres of property
               generally located at West Van Dorn Street and
               South Folsom Street. (10/27/03 - Action Delayed
               to 11/17/03) (In connection w/03R-314)
               Fact Sheet (1.6M)
               (ACTION DELAYED TO 12/01/03, 7-0)
							 
25)  03-170    Amending Section 2.76.370 of the Lincoln Municipal
               Code to change the usage of personal convenience
               holiday hours to be the same as the labor
               contracts.
               (PASSED, 7-0; #18271)

26)  03-171    Amending the pay schedule for the employee group
               prefixed by the letter M by creating a new job
               titled Health Data & Evaluation Manager
               

27)  03-172    Amending the pay schedule for the employee group
               prefixed by the letter N by creating a new job
               title Right-of-Way Specialist.

28)  03-173    Amending the pay schedule for the employee group
               prefixed by the letter C by creating the job
               classifications of Housing Rehabilitation
               Specialist II and Housing Rehabilitation
               Specialist, and by amending the pay schedule for
               the employee group prefixed by the letter A by
               deleting the job classifications of Environmental
               Engineer I and Environmental Engineer II.  

29)  03-174    Change of Zone 3422 - Application of Karen
               Brouwer, on behalf of the property owners, for a
               change of zone from AG Agricultural District to
               AGR Agricultural Residential District on property
               generally located at S.W. 33rd Street and West
               Denton Road.
               Fact Sheet (695K)
							 
30)  03-175    Approving a Sublease Agreement between the City
               and Dynamic Educational Systems Inc. for a
               sublease of space at the One Stop Center, 1010 N
               Street, to provide job training and employment
               services under the Workforce Investment Act.  


PENDING LIST - DATE CERTAIN

31)  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   

32)  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)
							 
33)  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)
							 
34)  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)
							 
35)  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)
							 
36)  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)
							 
37)  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)
							 
38)  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)
							 
39)  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)
							 
40)  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)

41)            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.  (9/15/03 - Approved Hearing Date of
               10/6/03 at 1:30 P.m , 7-0. 9/22/03 - Re-set
               hearing date to 10/20/03 (Applicant has
               requested to place on Pending)

42)  03R-287B  Appointing Lynn Sunderman to the Lincoln-Lancaster
               County Planning Commission for a six-year term
               expiring August 24, 2009. (10/20/03 - Question
               Split; Action Delayed to 11/3/03) (11/3/03
               - Placed on Pending)


RECONSIDERATION WITH PUBLIC HEARING: 12/01/03

43)  03R-298   Approving a Conservation Easement Agreement
               between Doug Schmidt Construction, Inc. and the
               City over Lot 1, except the south 7.0 feet
               thereof, Fairway Addition, to preserve the tree
               masses, drainage way and floodplain within the
               easement area.
               Fact Sheet (38K)
               Attachment (180K)
							 
44)  03R-302   Special Permit 2029 - Application of Doug Schmidt
               and Michael Thomalla to develop S.W. 1st
               Street Apartments Community Unit Plan for 30
               dwelling units on property generally located at
               West A Street and S.W. 1st Streets
               Fact Sheet (807K)
							 
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, NOVEMBER 24, 2003 AT 1:30 P.M.:
                                                      
45)  03R-318   Approving an Agreement between the City and the
               Nebraska Department of Roads for Project No. IM-
               BH-180-9(519) Mill/Overlay to extend the work on
               the contract to include the intersection at 11th
               and Cornhusker Highway.
               Fact Sheet (68K)
               Attachment (113K)
							 
46)  03R-319   Appointing Romayne L. Jackson to the Citizen
               Police Advisory Board to fill an unexpired term
               expiring November 17, 2004.
               Application (383K)
							 
47)  03R-320   Reappointing Rev. Lauen Ekdahl, Lloyd Hinkley,
               Barb Biffle, Richard Boucher, and John Snowden to
               the Charter Revision Commission for a four-year
               term expiring July 15, 2007.

48)  03R-321   Appointing M. Annette Mumgaard and James M. Kelley
               to the Cable Advisory Board for a three-year term
               expiring July 1, 2006.
               Application (168K)
							 
49)  03R-322   Appointing Maisun K. Allahiq to the Lincoln
               Commission on Human Rights to fill an unexpired
               term expiring December 31, 2004.
               Application (36K)
							 
50)  03R-323   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth therein for the period of October
               16 to 31, 2003.  
               Fact Sheet (14K)
               Attachment (28K)
							 
51)  03R-324   Use Permit 146A - Application of West Gate Bank to
               waive the sign requirements for the O-3 District
               to allow an additional ground sign, to allow a
               ground sign in excess of the maximum allowed
               height, and to allow the sign area for ground
               signs to exceed the allowed area, on property
               generally located northeast of the intersection of
               Old Cheney Road and Highway 2.
               Fact Sheet (244K)
							 
52)  03R-325   Authorizing Mike Alesio dba Valentino's to occupy
               a portion of the public right-of-way at 232 North
               13th Street for use as a sidewalk caf‚.
               Fact Sheet (42K)
               Attachment (567K)
							 
53)  03R-326   Approving a redevelopment agreement with
               CenterPointe Inc. for amendments to the North 27th
               Street Corridor and Environs Redevelopment Plan to
               develop the property on P Street between 26th and
               27th Street for a 15,000 sq. ft. residential
               treatment center with 20 beds and administrative
               offices. (In connection w/03-84)
               Fact Sheet (48K)
               Attachment (1.2M)
							 
54)  03R-327   Approving the acquisition of permanent
               conservation easements to preserve flood storage
               capacity of the 100 year floodplain and to protect
               delineated wetlands, drainageways, and tree masses
               over approximately 736.9 acres of floodplain
               generally located along Salt Creek from Wilderness
               Park to one-half mile south of Martell Road.
               Attachment (121K)
							 
55)  03R-328   Special Permit 1423G - Application of D & M
               Development L.L.C. and HiMark Development Inc. to
               amend the HiMark Estates Community Unit Plan to
               add 20 single family units for a total of 559
               dwelling units and to waive of the requirements
               for minimum cul-de-sac radius, sidewalks on the
               south side of Sandhills Court, and the preliminary
               plat process, on property generally located at
               South 90th Street and Medinah Drive.
               Fact Sheet (911K)
							 
56)  03R-329   Approving the use of public right-of-way by TMI
               for the installation of a 3" conduit for fiber
               optic cable and copper wire along the west side of
               S. 9th Street and cross underneath Capitol Parkway
               to connect the buildings at 830 L Street and 421
               S. 9th Street.
               Fact Sheet (58K)
							 

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.


      ** THERE WILL BE NO REGISTER TO SPEAK SECTION ON 11/17/03 **


       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 (11/19/03)
            PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (11/24/03).


  **  THERE WILL BE NO OPEN MICROPHONE SECTION ON 11/17/03 **


  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               


                               ***

                    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.
                               ****
 The City Council Agenda and Action Sheet may be accessed on the
Internet at:
                   http://www.lincoln.ne.gov
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