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                AGENDA OF THE REGULAR CITY COUNCIL MEETING TO BE HELD
                           MONDAY, DECEMBER 1, 2003 AT 1:30 P.M.


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

         THERE WILL BE NO COUNCIL MEETINGS THE WEEKS OF DEC. 22 AND 29, 2003
    
                              
PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)            Manager Application of Patricia Pike for Buggy
               Bath West dba Buggy Bath Car Wash West at 1502 W.
               O St.

 2)            Manager Application of Todd M. Kerns for Outback
               Steakhouse FL, Inc. dba Outback Steakhouse at 633
               N. 48th St.

 3)            Manager Application of Patrick R. Leapley for GMRI
               Inc. dba Red Lobster Restaurant #0236 at 6540 O
               St. 

               
PUBLIC HEARING
ORDINANCES - 2ND READING 

 4)  03-180    Approving a five year lease agreement between B &
               J Partnership Ltd. & the City dba Lincoln Fire &
               Rescue for the lease of warehouse space at 2600
               Park Blvd. (11/17/03 - Public Hearing Cont'd to
               12/1/03)
               Fact Sheet (66K)
               Attachment (511K)
							 
 5)  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)

PUBLIC HEARING - RESOLUTIONS

 6)  03R-314   Approving an Annexation Agreement between the City
               of Lincoln & the State of Nebraska Department of
               Administrative Services outlining certain
               conditions & understandings with regards to the
               annexation of the Lincoln Regional Center property
               generally located at the intersection of W. Van
               Dorn & S. Folsom St. (In connection w/03-
               156) (11/17/03 - Public Hearing Cont'd. to
               12/1/03)
               Attachment (64K)
							 
 7)  03R-330   Approving an Agreement between the City & the
               Nebraska Department of Roads for the Bridge
               Replacement Funds to replace the Harris Overpass
               on O St. between 3rd & 9th Sts. (Proj. #BR-
               5266(1)) & for eligibility of Federal Funds.
               Fact Sheet (60K)
							 
 8)  03R-331   Accepting the report of new & pending claims
               against the city & approving disposition of claims
               set forth therein for the period of Nov. 1 to 15,
               2003.
               Fact Sheet (14K)
               Attachment (27K)
							 
 9)            Setting the Interest Rate of 6.25% & Levying the
               Assessments on Special Assessment Group II of the
               Board of Equalization Hearing of Nov. 24, 2003;
               and, Accepting the Report of Board of Equalization
               to the City Council on Special Assessment Group
               II.


RECONSIDERATION WITH PUBLIC HEARING: 12/01/03

10)  03R-298   Approving a Conservation Easement Agreement
               between Doug Schmidt Construction, Inc. & the City
               over Lot 1, except the south 7.0 ft. thereof,
               Fairway Addition, to preserve the tree masses,
               drainage way & floodplain within the easement
               area. (10/27/03 - Lost, 1-5; Svoboda Assenting;
               Camp Absent, #38-4455)  (11/03/03 - Reconsidered
               to Have Public Hearing & Action on 12/1/03,
               7-0.)
               Fact Sheet (38K)
               Attachment (180K)
							 
11)  03R-302   Special Permit 2029 - App. of Doug Schmidt &
               Michael Thomalla to develop S.W. 1st
               Street Apartments Community Unit Plan for 30
               dwelling units on property generally located at W.
               A St. & S.W. 1st Sts. (10/27/03 -
               Lost, 1-5; Svoboda Assenting; Camp Absent;
               #38-4456)  (11/03/03 - Reconsidered to Have Public
               Hearing & Action on 12/1/03, 7-0.)
               Fact Sheet (807K)
							 
                 - END OF PUBLIC HEARING -

CONSENT AGENDA:

PETITIONS & COMMUNICATIONS 

12)           Setting the Hearing Date of Monday, Dec. 15,
              2003 at 1:30 p.m. for the App. of Cory
              Fletcher dba Mahoney Golf Course for an
              addition to premise to add entire 18-hole
              golf course and buildings at 7900 Adams Street.

13)           Setting the Hearing date of Monday, Dec. 15, 2003
              at 1:30 p.m. for the App. of Denis M. Vontz dba
              Highlands Golf Course for an addition to premise
              to add the entire 18-hole golf course and
              buildings at 5501 N.W. 12th Street.

14)           Setting the Hearing date of Monday, Dec. 15, 2003
              at 1:30 p.m. for the App. of Timothy L. Rowland
              dba Pioneers Golf Course an addition to premise to
              add the entire 18-hole golf course and buildings
              at 3403 W. Van Dorn Street.

15)           Setting the Hearing date of Monday, Dec. 15, 2003
              at 1:30 p.m. for the App. of John Craw dba
              Crawdad's Inc. an addition to premise to add the
              entire 18-hole golf course and buildings at 3701
              S. 70th Street.

16)            The following are to be referred to the Planning
               Department:
               Change of Zone 3424 - App. of Everett Neighborhood
                   Assn. for a change  from Various R-4, R-5,&
                   R-6 to R-2 at an area bordered by 9th,13th,
                   Plum and Washington Streets.
               Change of Zone 3431 - App. of Brian D. Carstens
                   for a text amendment change to Section
                   27.29.020 of the LMC to allow medical testing
                   laboratories.
               Special Permit 2031 - App. of Pearle F. Finigan
                   for waivers of ornamental lighting, sidewalks,
                   street trees, landscape screens & stormwater
                   detention at 84th and Waverly Road.
               Special Permit 2041 - App. of Champion Window
                   Company of Omaha for a glassed-in patio
                   room at 2000 Lake Street.
               Special Permit 2043 - Papke's Inc. for a liquor
                   license at 6112 Havelock Avenue.
               Special Permit 2044 - App. of Olsson Associates
                    for a six-plex theater at approximately
                    27th & Folkways Blvd.


17)  MISCELLANEOUS REFERRALS



REPORTS OF CITY OFFICERS 

18)            Investment of Funds for the week of November 10
               thru November 21, 2003.  

19)            Setting the hearing date of Monday, Dec. 15, 2003
               at 1:30 p.m. for the assessment of weed removal
               costs incurred for the period of Jan. 1 through
               Dec. 31, 2003. 

20)            Report from City Treasurer of franchise fees
               collected from Aquila for the month of October,
               2003.  (Placed on file)

21)            Financial Report of LES for the Third Quarter
               2003.  (Placed on file)

22)            Report from City Treasurer of Telecomm. Occ. Tax
               for the month of Oct. 2003: Affinity, Assoc. Adm.,
               Comdata Telecomm., Globalcom, Zone Telecom.,
               Nextel West, NOSVA Ltd., Excel, Telco Dev.,
               WorldXchange, GTC, Telecorp Comm., Network Billing
               Systems, LDMI Telecomm., Tri-M, Lightyear, NOS
               Comm., ATT Wireless PCS LLC, Cellular One. 
               (Placed on file)

                    - END CONSENT AGENDA -


ORDINANCES - 1ST READING       

23)  03-184    Accepting and approving the "Amendment to
               Cornhusker Square Redevelopment Project Phase Two
               Agreement - Burnham Yates Conference Center"
               between the City of Lincoln, Cornhusker Square
               Land Company, and David H. Murdock; and accepting
               and approving the "Amendment to First Amended and
               Restated Lease and Operating Agreement - Burnham
               Yates Conference Center" between the City of
               Lincoln and Cornhusker Square Limited Partnership.


ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY

24)  03R-323c  Accepting the report of new and pending
               claims against the City & approving
               disposition of claims set forth therein for
               the period of Oct. 16 to 31, 2003.
               (11/24/03 - Action on Claim of Gary Bargar
               delayed 1 week to 12/1/03)
               Fact Sheet (14K)
               Attachment (28K)
							 
25)  03-156    Amending the Lincoln Corporate Limits Map by
               annexing approx. 468.49 acres of property
               generally located at W. Van Dorn St. & S. Folsom
               St. (In connection w/03R-314) (11/17/03-
               Action Delayed to 12/1/03)
               Fact Sheet (1.6M)
							 
26)  03-84     Change of Zone 3401 - App. of Urban
               Development for a change from R-6 Residential
               to B-3 Commercial District on property
               generally located at N. 27th & P Sts. (In
               connection w/03R-326)
               Fact Sheet (592K)
							 
27)  03R-326   Approving a redevelopment agreement with
               CenterPointe Inc. for amendments to the North 27th
               Street Corridor & Environs Redevelop-ment Plan to
               develop the property on P St. between 26th & 27th
               St. for a 15,000 sq. ft. residential treatment
               center with 20 beds & administrative offices.
               (In connection w/03-84) (11/24/03 -
               Action delayed for 1 week to 12/1/03)
               Fact Sheet (48K)
               Attachment (1.2M)
							 
28)  03-178    Renaming Ogden Rd. generally located northeast off
               of Superior St. at N. 1st St. & Superior St., as
               Campers Circle.
               Fact Sheet (159K)
							 
29)  03-179    Change of Zone 2751A - Amending the Van Dorn Acres
               Planned Unit Development for 210 residential units
               & 33,000 sq. ft. of commercial floor area for uses
               allowed in the B-1 Local Business District,
               including the on & off sale of alcohol in portions
               of buildings 9 & 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, &
               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, & to
               exceed the maximum building height for the multi-
               family structures, on property generally located
               at the southwest corner of 84th & Van Dorn Sts.
               Fact Sheet 1 (435K)
               Fact Sheet 2 (779K)
							 
30)  03-176S   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 shop, smoke or
               smoking, respectively, to provide exceptions to
               the provisions of the chapter; to restrict persons
               under eighteen years of age; 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.
               (11/24/03 - Action delayed 1 week to 12/1/03)
               (Description/"Blurb" modified to reflect Motions to
               Amend Adopted at 11/24/03 Council Meeting)


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)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, DECEMBER 8, 2003 AT 1:30 P.M.:
                                                      
43)  03R-332   Ordering Paving District 2626 constructed in W.
               South St., S.W. 23rd St. to S.W. 27th St., & W.
               South St. to W. A St.
               Fact Sheet (54K)
							 
44)  03R-333   Special Permit 1013J - App. of Dansid, L.L.C. to
               allow a driveway to be located in the required
               front yard at the T.O. Haas Tire Store on property
               generally located at S. 56th St. & Waltz Rd.
               Fact Sheet (227K)
							 
45)  03R-334   Special Permit 2002 - App. of Quin-C, Inc. for
               authority to sell alcoholic beverages for
               consumption off the premises on property generally
               located at 4801 Randolph St.
               Fact Sheet (590K)
							 
46)  03R-335   Special Permit 2039 - App. of Mesal Enterprises
               for authority to sell alcoholic beverages for
               consumption off the premises on property generally
               located at 5240 S. 48th St.
               Fact Sheet (857K)
							 
47)  03R-336   Approving a schedule of maximum fees the City may
               charge for ambulance service.
               Fact Sheet (75K)
               Attachment (11K)
							 

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
     (12/03/03) PRIOR TO THE NEXT FORMAL CITY COUNCIL
     MEETING (12/08/03).


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                  
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                    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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 The City Council Agenda and Action Sheet may be accessed on the
Internet at:
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