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             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                      MONDAY, NOVEMBER 24, 2003 AT 1:30 P.M.


              THE COUNCIL MEETINGS OF DECEMBER 1, 8, 15, 2003
                             WILL BEGIN AT 1:30 P.M.

                  THERE WILL BE NO COUNCIL MEETINGS THE WEEKS OF
                           DECEMBER 22 AND 29, 2003

                            ALL MEMBERS PRESENT

       
MAYOR'S AWARD OF EXCELLENCE - SEPTEMBER - CORI HUENINK OF PARKS 
	& RECREATION DEPT. IN THE CATEGORY OF CUSTOMER RELATIONS;
        OCTOBER - NANCY BRIENZO OF AGING DEPT. IN THE CATEGORY OF 
        PRODUCTIVITY.

    
PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Manager application of Scott M. Rosowski for DHABS,
               L.L.C. dba Barrymore's at 124 North 13th Street.
               (ADOPTED FOR APPROVAL, 7-0; A-82461) 

2)             Application of Osian International Market L.L.C. dba
               OAsian International Market for a Class D liquor
               license at 2535 O Street. (ADOPTED FOR APPROVAL,
               7-0; A-82462)

3)             Manager application of Thieu (Tim) Huy Nguyen for Osian
               International Market L.L.C. dba OAsian International
               Market at 2535 O Street.  (ADOPTED FOR APPROVAL, 
               7-0; A-82463)

4)             Application of Cafe de Mai, L.L.C. dba Cafe de Mai &
               Season Banquet Hall for a Class I liquor license at
               2535 O Street.  (ADOPTED FOR APPROVAL, 7-0;  
               A-82464)

5)             Manager application of Thieu (Tim) Huy Nguyen for Cafe
               de Mai, L.L.C. dba Cafe de Mai & Season Banquet Hall at
               2535 O Street. (ADOPTED FOR APPROVAL, 7-0; A-82465)

               
               
PUBLIC HEARING
ORDINANCES - 2ND READING   (ITEMS 6 THRU 8 HAD 2ND READING)      

 6)  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)
							 
 7)  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)
							 
 8)  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)
							 

PUBLIC HEARING - RESOLUTIONS

 9)  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)
	       (ADOPTED, 7-0; A-82466)
			 
10)  03R-319   Appointing Romayne L. Jackson to the Citizen
               Police Advisory Board to fill an unexpired term
               expiring November 17, 2004.
               Application (383K)
	       (ADOPTED, 7-0; A-82467)					 

11)  03R-320   Reappointing Rev. Lauren Ekdahl, Lloyd Hinkley,
               Barb Biffle, Richard Boucher, and John Snowden to
               the Charter Revision Commission for a four-year
               term expiring July 15, 2007.
               (ADOPTED, 7-0; A-82468)

12)  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)
               (ADOPTED, 7-0; A-82469)
							 
13)  03R-322   Appointing Maisun K. Allahiq to the Lincoln
               Commission on Human Rights to fill an unexpired
               term expiring December 31, 2004.
               Application (36K)
               (ADOPTED, 7-0; A-82470)
							 
14)  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)
               (AMENDED TO DELAY ACTION ON BARGAR CLAIM TO 12/01/03,
               7-0; ADOPTED AS AMENDED, 7-0; A-82471)
	
15)  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)
               (ADOPTED, 7-0; A-82472)
							 
16)  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)
               (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-82473)
							 
17)  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)
	       (ACTION DELAYED TO 12/1/03, 7-0)
					 
18)  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)
               (AMENDED,   7-0; ADOPTED AS AMENDED, 7-0; A-82474)
							 
19)  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)
               (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-82475)
							 
20)  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)
               (ADOPTED, 7-0; A-82476)							 

                       - END OF PUBLIC HEARING -


PETITIONS & COMMUNICATIONS 

           

21)  MISCELLANEOUS REFERRALS

               Clerk's Letter and Mayor's Approval of Ordinances and
               Resolutions passed by Council on November 17, 2003. 
               (PLACED ON FILE)

               Report of City Treasurer of Telecommunications Occupation
               Tax for the month of Aug. & Sept. 2003: Shaffer Comm.;
               Sept., 2003: Nebraska Technology & Telecomm.; Oct., 2003:
               Nextel, VarTec, D&D Comm. (PLACED ON FILE)

	       THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.:
	       Use Permit 142A - App. of Cutchall Management, Co.
                     to build a Sonic Restaurant at N.  84th and 
                     Holdrege Street.


REPORTS OF CITY OFFICERS 

             NONE


ORDINANCES - 1st READING   (ITEM 22 HAD 1ST READING)

22)  03-183  Change of Zone No. 3399 - amending
             Ordinance No. 18113 relating to impact
             fees by amending Section 6 adding a new
             section 27.82.060 (Exemption from Impact
             Fees) to the Lincoln Municipal Code by
             amending Section 27.82.060 to clarify
             that valid building permit applications
             submitted prior to June 2, 2003 are
             exempt from impact fees, to provide when
             a building permit application shall be
             deemed complete, to clarify that
             amendments, modifications or other
             changes to an approved development which
             is categorically exempt will be subject
             to the imposition of impact fees in
             accordance with the provisions of
             Section 27.82.050, to delete Table
             27.82.060(b), to delete references to
             approvals qualifying for category
             exemptions, to clarify when a claim of
             exemption for Low Income Owner-Occupied
             Housing and Low Income Rental Housing
             must be made, and when said claims
             become valid; by amending Section 7
             adding a new section numbered 27.82.070
             (Impact Fee Funds) to the Lincoln
             Municipal Code amending Section
             27.82.070 to clarify that no more than
             2% of the impact fees collected may be
             used to compensate the City for
             administrative expenses including
             refunds; by amending Section 8 adding a
             new section numbered 27.82.080 (Refunds
             of Impact Fees Paid) to the Lincoln
             Municipal Code by amending Section
             27.82.080 to provide for a refund of
             impact fees previously paid when the
             development subsequently qualifies for
             an Owner-Occupied Low Income Housing
             Exemption; by amending Section 11 adding
             a new section numbered 27.82.110
             (Miscellaneous Provisions) to the
             Lincoln Municipal Code by amending
             Section 27.82.110 to eliminate reference
             to administrative costs, to modify
             provisions regarding reducing impact
             fees to allow a subsidy based upon
             meeting established economic criteria,
             to modify provisions regarding
             adjustments for inflation, and to
             reletter the various subsections; by
             amending Section 16 adopting and
             incorporating the Downtown/Antelope
             Valley Exclusion Area Map, the Water
             Distribution Impact Fee Benefit Areas
             Map, the Arterial Street Impact Fee
             Benefit Areas Map, and the Neighborhood
             Park and Trail Impact Fee Benefit Areas
             Map into Ordinance No. 18113 to provide
             that those maps be codified in the
             Lincoln Municipal Code as Appendixes 1
             through 4 to Chapter 27.82; by amending
             Section 17 adopting and incorporating
             the Impact Fee Study prepared by Duncan
             Associates into Ordinance No. 18113 by
             amending Table 4, Arterial Street Cost
             Per Mile, to exclude sidewalks, water
             and wastewater line adjustments and to
             reduce the number of units for full
             intersection traffic signals from 3.5 to
             1.5 units per mile in determining the
             total cost per mile for a four-lane
             arterial and by deleting the second
             paragraph of text on page 12 of the
             Study and to provide that one copy of
             the Impact Fee Study be filed in the
             office of the City Clerk for use and
             examination by the public; by amending
             Section 20 to provide that Ordinance
             No. 18113 shall be in full force
             and effect as of June 2, 2003 after its
             passage and posting on the official bulletin
             board of the City in lieu of newspaper publication.
             Fact Sheet (776K)


ORDINANCES - 3RD READING

23)  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)
             (PASSED, 7-0; #18277
						 
24)  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.
             (ACTION DELAYED FOR ONE WEEK TO 
             12/1/03, 7-0)

PENDING LIST - DATE CERTAIN

25)  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) (11/17/03 - Public
               Hearing Con't. to 12/1/03)
               Attachment (64K)
							 
26)  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. (In connection w/03R-
               314) (11/17/03- Action Delayed to
               12/1/03)
               Fact Sheet (1.6M)
							 
27)  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. (11/17/03 - Public Hearing Con't to
               12/1/03)
               Fact Sheet (66K)
               Attachment (511K)

28)  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)


RECONSIDERATION WITH PUBLIC HEARING: 12/01/03

29)  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)
							 
30)  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)


PENDING LIST   (EXTENDED ONE WEEK)    

31)  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)
							 
32)  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)
							 
33)  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)
							 
34)  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)
							 
35)  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)
							 
36)  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)
							 
37)  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)
							 
38)  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)
							 
39)  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)

40)            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)

41)  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)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, DECEMBER 1, 2003 AT 1:30 P.M.:
                                                (APPROVED, 7-0)                                                      
42)  03R-330   Approving an Agreement between the City and the
               Nebraska Department of Roads for the Bridge
               Replacement Funds to replace the Harris Overpass
               on O Street between 3rd and 9th Streets (Project
               No. BR-5266(1)) and for eligibility of Federal
               Funds.
               Fact Sheet (60K)
							 
43)  03R-331   Accepting the report of new and pending claims
               against the city and approving disposition of
               claims set forth therein for the period of
               November 1 to 15, 2003.
               Fact Sheet (14K)
               Attachment (27K)
							 

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  
     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
     (11/26/03) PRIOR TO THE NEXT FORMAL CITY COUNCIL
     MEETING (12/01/03).


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   6:57 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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