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City Council Heading City Letter Head
          ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, DECEMBER 15, 2003 AT 1:30 P.M.


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


                         ALL MEMBERS PRESENT
                              
PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)            Manager Application of Todd M. Kerns for Outback
               Steakhouse FL, Inc. dba Outback Steakhouse at 633
               N. 48th St. (12/1/03 - Public Hearing Con't. to
               12/8/03) (12/8/03 - Public Hearing Con't.
               to 12/15/03) (ADOPTED FOR APPROVAL, 7-0; A-82500) 

 2)            Application of Cory Fletcher dba Mahoney Golf
               Course for an expansion of  their presently
               licensed property of an area to include the entire
               18-hole golf course and buildings on property
               generally located at 7900 Adams Street.
               (ADOPTED FOR APPROVAL, 6-1; SVOBODA DISSENTING;
               A-82501)

 3)            Application of John Craw dba Crawdad's Inc. for an
               expansion of their presently licensed property of
               an area to include the entire 18-hole golf course
               including maintenance building and clubhouse
               approximately 190 acres on property generally
               located at 3701 S. 70th Street. (ADOPTED FOR 
               APPROVAL, 6-1; SVOBODA DISSENTING; A-82502)

 4)            Application of Denis M. Vontz dba Highlands Golf
               Course for an expansion of  their presently
               licensed property of an area to include the entire
               18-hole golf course and buildings on property
               generally located at 5501 N.W. 12th Street.
               (ADOPTED FOR APPROVAL, 6-1; SVOBODA DISSENTING; 
               A-82503)

 5)            Application of Timothy L. Rowland dba Pioneers
               Golf Course for an expansion of  their presently
               licensed property of an area to include the entire
               18-hole golf course and buildings on property
               generally located at 3403 W. Van Dorn Street.
               (ADOPTED FOR APPROVAL, 5-2; SVOBODA & WERNER 
               DISSENTING; A-82504)


PUBLIC HEARING
ORDINANCES - 2NDREADING    (ITEMS 6 THRU 9 HAD 2ND READING) 

6)   03-181    Declaring approximately 5 acres of property
               generally located adjacent to the Highlands Golf
               Course at N.W. 12th Street, north of W. Highlands
               Boulevard, as surplus. (In connection w/03-
               182)
               Fact Sheet (245K)
							 
7)   03-182    Change of Zone 3425 - Application of the Director
               of Parks and Recreation for a change of zone from
               P Public Use to O-3 Office Park, on property
               generally located adjacent to the Highlands Golf
               Course at N.W. 12th Street, north of W. Highlands
               Boulevard. (In connection w/03-181)
               Fact Sheet (231K)
							 
8)   03-185    Change of Zone 3427 - Amending Section 27.69.090
               of the Lincoln Municipal Code to allow Community
               Playhouses as an additional use permitted for the
               same sign package as Schools and Churches.
               Fact Sheet (228K)
							 
9)   03-186    Change of Zone 3426 - Application of Lambert
               Investments #2 for a change of zone from H-1
               Interstate Commercial District to H-3 Highway
               Commercial District on property generally located
               at N.W. 12th and W. Bond Streets.
               Fact Sheet (234K)
							 

PUBLIC HEARING - RESOLUTIONS

10)  03R-337   Accepting the report of new and pending claims
               against the city and approving disposition of
               claims set forth therein for the period of
               November 16 to 30, 2003.
               Attachment (27K)
               Fact Sheet (14K)
               (ADOPTED, 7-0; A-82505)
							 
11)  03R-338   Appointing David Fikar to the Lincoln Commission
               on Human Rights for a three-year term expiring
               December 31, 2006.  (ADOPTED, 7-0; A-82506)

12)  03R-339   Reappointing Lori Lopez Urdiales and Sitaram
               Jaswal to the Lincoln Commission on Human Rights
               for three-year terms expiring December 31, 2006.
               (ADOPTED, 7-0; A-82507)

13)  03R-340   Appeal of Alyson A. Dreyer from the Planning
               Commission approval of Waiver No. 03013 allowing
               lots to exceed the width-to-depth ratio on Lots 2
               and 3, Simons 1st Addition, generally located at
               S. 43rd Street and South Street.
               Fact Sheet (513K)
               (LSOT, 1-6; SVOBODA ASSENTING; #38-4458)
							 
14)  03R-341   Special Permit 1423H - Application of Jackie
               Snyder to amend the HiMark Estates Community Unit
               Plan to add 26 single family attached units in the
               southern portion of Outlot "A", for a total of 585
               dwelling units within the community unit plan with
               waivers to the intersection separation, minimum
               lot area, side yard setbacks, minimum width for
               major streets, and the preliminary plat process,
               on property generally located at South 90th Street
               and Old Cheney Road.
               Fact Sheet (435K)
               (ADOPTED, 7-0; A-82508)
							 
15)  03R-342   Special Permit 2042 - Application of Kwik Shop,
               Inc. for authority to sell alcoholic beverages for
               consumption off the premises on property generally
               located at 2302 Cornhusker Highway.
               Fact Sheet (560K)
               (ADOPTED, 7-0; A-82509)
							 
16)  03R-343   Appointing Melinda E. Pearson and Eugene
               W. Carroll to the Lincoln-Lancaster
               County Planning Commission for Six Year
               Terms Expiring August 24, 2009.
               Attachment (217K)
               (ADOPTED, 7-0; A-82510)
							 
17)  03R-345   Assessing the costs incurred for cutting weeds
               against the various benefitted properties for the
               period of January 1 through December 31, 2003. 
               Attachment (182K)
	       Request to waive policy to allow p.h. 
               & action 12/15/03)						 
               (ADOPTED, 7-0; A-82511)

                     - END OF PUBLIC HEARING -

CONSENT AGENDA:

PETITIONS & COMMUNICATIONS - NONE

18)  MISCELLANEOUS REFERRALS

              Clerk's Letter and Mayor's Approval of ordinances and
              resolutions passed by Council on December 8, 2003.
              (PLACED ON FILE)

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

	      Report from City Treasurer of Telecommunications
              Occupation Tax for the month of October, 2003: Nebraska
              Technology & Telecomm.; November, 2003: ATS Mobile.
              (PLACED ON FILE)

 	      Setting the Hearing Date of Monday, January 5, 2004 at
              1:30 p.m. for an App. of Grannette, Inc. & Brackhan Dance
              Directive, LLC dba "DelRay Ballroom & Lounge" for a Class
              "K" Liquor License at 817 R Street. 
              (ADOPTED, 7-0; A-82513)
			
 	      Setting the Hearing Date of Monday, January 12, 2004 at
              1:30 p.m. for an App. of MIPFIVE Inc. dba "Mickey's Irish
              Pub and Grill" for a Class "I" Liquor License at 1550 S.
              Coddington, Ste. P.  (ADOPTED, 7-0; A-82514)


REPORTS OF CITY OFFICERS 

19)          Investment of Funds for the week of November 24 thru 
             December 5, 2003. (ADOPTED, 7-0; A-82512)

                        - END CONSENT AGENDA -


ORDINANCES - 1ST READING  (ITEM 20 HAD 1ST READING) 

20)  03-187    Authorizing and providing for the issuance of
               highway allocation fund pledge bonds of the City
               of Lincoln, Nebraska in an amount not to exceed
               $35,000,000.


ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION

21)  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) (12/8/03 - To have
               Action 12/15/03)(ADOPTED, 7-0; A-82515)


22)  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.(12/8/03 - Tie Vote
               - Action Delayed to 12/15/03)
               Fact Sheet (590K)
               (ADOPTED, 4-3; COOK, NEWMAN, WERNER 
               DISSENTING; A-82516)

23)  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. (12/8/03 - Tie Vote
               - Action Delayed to 12/15/03)
               Fact Sheet (857K)
               (ADOPTED, 4-3; COOK, NEWMAN, WERNER DISSENTING; 
               A-82517)	
	 
24)  03R-336   Approving a schedule of maximum fees the City may
               charge for ambulance service.(12/8/03 - Tie
               Vote - Action Delayed to 12/15/03)
               Fact Sheet (75K)
               Attachment (11K)
               (ADOPTED 4-3; CAMP, FRIENDT, SVOBODA DISSENTING; 
               A-82518)
							 
25)  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.
               Fact Sheet (14K)
               Attachment (28K)
               (AMENDMENT #1 ADOPTED, 7-0; ADOPTED AS
               AMENDED, 7-0; #18284)
			 
26)  03-176S3  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 words used in the Chapter, to
               provide exceptions to the provisions of the
               chapter; to require the posting of 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 18 months after City Council
               approval.(Public Hearings 11/3/03 and
               11/17/03)  (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)
               (12/1/03 - Action delayed 1 week to
               12/8/03)(Descripton/"Blurb" modified to reflect
               motions to amend adopted at 12/1/03 Council Meeting)
               (12/8/03 - Action Delayed to 12/15/03)
               (Description/"Blurb" modified to reflect Motions
               to Amend Adopted at 12/08/03 Council Meeting)
               
               (AMENDMENT #29 ADOPTED, 7-0; AMENDMENT #31 ADOPTED,
               7-0; PASSED, 5-2; SVOBODA, WERNER DISSENTING; #18285) 


PENDING LIST - DATE CERTAIN

27)  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)

28)  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)
							 
29)  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)
							 
30)  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)
							 
31)  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)
							 
32)  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)
							 
33)  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)
							 
34)  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)
							 
35)  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)
							 
36)  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)

37)            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)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, JANUARY 5, 2004 AT 1:30 P.M.:
                                                   (APPROVED, 7-0)

38)  03R-344   Approving an Agreement between the Lincoln
               Lancaster County Health Department and Lincoln
               Medical Education Foundation to provide medical
               consultation services and department clinical
               medical service for a three-year term.
               Fact Sheet (48K)
               Attachment (296K)
                                                          
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
     (12/31/03) PRIOR TO THE NEXT FORMAL CITY COUNCIL
     MEETING (1/5/04).

     
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   5:01 P.M.                 




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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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