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Formal Agenda/Action

 


          AGENDA OF THE REGULAR CITY COUNCIL MEETING TO BE HELD
                    MONDAY, JUNE 21, 2004 AT 1:30 P.M.

                           ALL MEMBERS PRESENT

               MAYOR'S AWARD OF EXCELLENCE - (RE-SCHEDULED)


PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of Shubh Hotels Cornhusker LLC dba
               Marriott Cornhusker for a Class CK liquor license
               at 333 S. 13th Street. (ADOPTED FOR APPROVAL,
               6-0, ABSENT FOR VOTE: FRIENDT; A-82820)

2)             Manager application of Sachit R. Nadkarni for
               Shubh Hotels Cornhusker LLC dba Marriott
               Cornhusker at 333 S. 13th Street. (ADOPTED
               FOR APPROVAL, 6-0, ABSENT FOR VOTE: FRIENDT;
               A-82821)

3)             Manager application of Benjamin R. Moran for
               O'Fourteen, Inc. dba Woody's Pub & Grill at 101 N.
               14th Street, Suite 6. (ADOPTED FOR APPROVAL,
               6-0, ABSENT FOR VOTE: FRIENDT; A-82822)

4)             Manager application of Brian Towle for Gateway
               Bowl Corp. dba Gateway Bowl at 333 N. Cotner Blvd.
               (ADOPTED FOR APPROVAL, 6-0, ABSENT FOR VOTE:
               FRIENDT; A-82823)


PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS
(ITEMS 5 THRU 10 HAD 2ND READING; SEE ITEMS 7 & 10)

5)   04-121    Annexation 04007 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 53.32 acres of property
               generally located northeast of S. 56th Street
               and Yankee Hill Road. (In connection w/04-
               122, 04R-148)
               Fact Sheet (647K)

6)   04-122    Change of Zone 04009 - Application of Ridge
               Development Co., Southview Inc., and Pine Lake
               Heights Joint Venture for a change of zone from AG
               Agricultural District to R-3 Residential District
               on property generally located northeast of S. 56th
               Street and Yankee Hill Road.
               (In connection w/04-121, 04R-148)
               Fact Sheet (668K)

7)   04R-148   Approving Big Thompson Creek 1st Conditional
               Annexation and Zoning Agreement between Ridge
               Development Co., Southview, Inc., and Developments
               Unlimited, LLP, and the City of Lincoln outlining
               certain conditions and understandings with regards
               to the annexation of approximately 53.32 acres of
               property generally located at S. 56th
               Street and Yankee Hill Road. (In connection
               w/04-121, 04-122) (ACTION DELAYED TO 6/28/04, 7-0)
               Attachment (82K)

8)   04-124    Amending Section 12.08.270 of the Lincoln
               Municipal Code to allow alcoholic beverages at the
               Folsom Children's Zoo and the Lincoln Children's
               Museum during fund raising activities and events
               when the facilities are not open to the general
               public.
               Fact Sheet (93K)

9)   04-123    Creating a new Chapter 8.50 of the Lincoln
               Municipal Code establishing smoking regulations
               and repealing Chapter 8.48 of the Lincoln
               Municipal Code, the Lincoln Smokefree Air Act.
               Unsigned Ordinance (116K)


10)  04-92     Approving revisions to the Lincoln Smokefree
               Air Act. (5/10/04 - To have Public Hearing
               & 2nd Reading 5-24-04)
               (Request to continue Public Hearing to
               6/7/04) (Substitute Ordinance) 
               (5/24/04 - Public Hearing con't. w/ Action
               to 6/14/04) (6/7/04 - Public Hearing
               con't w/ Action to 6/21/04)(WITHDRAWN, 5-2,
               DISSENTING: CAMP & SVOBODA; #38-4478)


PUBLIC HEARING - RESOLUTIONS

11)  04R-145   Special Permit 1870A - Application of Gerry
               and Dianne Krieser to develop Stevens Creek
               Ridge 1st Addition Community Unit Plan for 10
               single family residential acreage lots on
               property generally located at N. 134th Street
               and Holdrege Street. (ADOPTED, 7-0; A-82824)
               Fact Sheet (571K)

12)  04R-146   Approving an amendment to the University Place
               Redevelopment Plan for the acquisition and
               demolition of the Northeast Printers Building by
               the City for redevelopment of the site on property
               generally located at 2436 N. 48th Street.
               (ADOPTED, 7-0; A-82825)
               Fact Sheet (231K)

13)  04R-147   Appeal of Orchid Enterprises, LLC, from the
               Planning Commission conditional approval of
               Special Permit 04020 for a limited landfill at
               S.W. 27th Street and West O Street, requiring a 12
               month time limit. (AMENDED, 5-2, DISSENTING:
               MCROY & NEWMAN; ADOPTED AS AMENDED, 7-0; A-82826)
               Fact Sheet (1019K)

14)  04R-149   Approving an Agreement between the City and the
               Nebraska Dept. of Roads for the funding of
               resurfacing work on Cornhusker Highway between
               13th and 20th Street, Cornhusker Highway from 35th
               to 44th Street and 9th Street from Q to H Streets.
               (State Project No. RD-6-6(1040), CN 12765, City
               Project No. 701753). (ADOPTED, 7-0; A-82827)
               Fact Sheet (58K)

15)  04R-151   Authorizing the acceptance of two Tour de Lincoln
               art works for inclusion in the City's public art
               collection and for display on public property.
               (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-82828)

16)  04R-152   Approving an agreement between the City and
               Beutler Development Services for fund development
               services for a four-year term beginning
               July 1, 2004. (ADOPTED, 4-3, DISSENTING:
               CAMP, FRIENDT, SVOBODA; A-82829)
               Fact Sheet (81K)
               Attachment (298K)

17)  04R-153   Accepting a donation of $45,000 for renovation of
               park improvements and to establish an endowment
               for on-going park maintenance of park land located
               at S. Cotner Blvd. and Aldrich Road. (SUBSTITUTE
               RESOLUTION ACCEPTED, 7-0; SUBSTITUTE RESOLUTION
               ADOPTED, 7-0; A-82830)
               Fact Sheet (96K)

                          - END OF PUBLIC HEARING -


CONSENT AGENDA:

PETITIONS & COMMUNICATIONS - NONE


18)  MISCELLANEOUS REFERRALS

               Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on
               June 14, 2004.  (PLACED ON FILE)

               Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the Council and the Lancaster
               County Board on June 15, 2004. (PLACED ON FILE)	

               Report from City Treasurer of City Cash on hand to
               the close of business June 17, 2004. (PLACED ON FILE)

               Investment of Funds for the week of June 14 thru
               June 18, 2004. (ADOPTED, 7-0; A-82831)


REPORTS OF CITY OFFICERS

19)            Investment of Funds for the week of June 1 thru
               June 11, 2004. (ADOPTED, 7-0; A-82832)

20)            Report from City Treasurer of Telecommunications
               Occupation Tax for the month of April, 2004:
               Quantum Shift, United Systems Access, Star Number,
               IBM Global, T-Netix; May, 2004: ATS Mobile.
               (PLACED ON FILE)

                       - END CONSENT AGENDA -


ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS
(ITEMS 21 THRU 29 HAD 1ST READING)

21)  04-125    Approving (1) Lease Agreement from the City
               and the County of Lancaster to the Lincoln-
               Lancaster County Public Building Commission;
               (2) Lease Agreement from the Commission to
               the County and the City; and (3) the issuance
               of not to exceed $12,000,000 of the
               Commission's Tax Supported Lease Rental
               Revenue and Refunding Bonds, all with respect
               to additions and improvements at the City-
               County Health Department Building.
               Exhibit A (118K)
               Exhibit B (125K)

22)  04-117    Creating Sewer District No. 1180 in South
               Folsom Street from W. South Street south
               approximately 1250 feet.
               Fact Sheet (702K)

23)  04-118    Creating Ornamental Lighting District No. 287 in
               West Charleston Street, 1st Street west
               approximately 1100 feet.
               Fact Sheet (570K)

24)  04-119    Annexation 03008 - Amending the Lincoln Corporate
               Limits Map by annexing approximately 20 acres of
               property generally located at N.W. 56th Street and
               W. Thatcher Lane. (In connection w/04-120, 04R-
               143, 04R-144)
               Fact Sheet (192K)
               Attachment (161K)

25)  04R-143   Approving Cardinal Heights 2nd Addition
               Conditional Annexation and Zoning Agreement
               between Hartland Homes Inc. and the City of
               Lincoln outlining certain conditions and
               understandings with regards to the annexation of
               approximately 20 acres of property generally
               located at N.W. 56th Street and W. Thatcher Lane.
               In connection w/04-119, 04-120, 04R-144)
               Attachment (778K)

26)  04-120    Change of Zone 04013 - Application of Hartland
               Homes Inc. for a change of zone from AG
               Agricultural District to R-3 Residential District
               on property generally located at N.W. 56th Street
               and W. Thatcher Lane. (In connection w/04-119,
               04R-143, 04R-144)
               Fact Sheet (181K)

27)  04R-144   Special Permit 2045 - Application of Hartland
               Homes Inc. to develop Hartland's Cardinal Heights
               2nd Community Unit Plan for 56 dwelling units,
               with waivers to allow sanitary sewer lines to run
               opposite street grades, the transfer of sanitary
               sewer from one basin to another, lots to exceed
               three to one lot depth to width ratio, lots with
               less than the minimum lot width, lots with less
               than the minimum lot area, and to waive the
               preliminary plat process, on property generally
               located at N.W. 56th Street and W. Thatcher Lane.
               In connection w/04-119, 04-120, 04R-143)
               Fact Sheet (390K)

28)  04-126    Change of Zone 04036 - Application of the Planning
               Director for a change of zone from R-4 Residential
               District to R-2 Residential District on property
               generally located at S. 27th Street and Stratford
               Ave.
               Fact Sheet (128K)

29)  04-127    Amending Section 27.52.030 of the Lincoln
               Municipal Code relating to Standards to be
               followed in connection with Flood Regulations for
               Existing Urban Area to make the language
               consistent with the minimum FEMA standard language
               for floodways.
               Fact Sheet (24K)


ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION

30)  04-106    Street & Alley Vacation 03020 - Vacating the east-
               west alley between South Street and Saylor Street,
               west of 55th Street. (PASSED, 7-0; #18381)
               Fact Sheet (159K)

31)  04-107    Amending the pay schedule for a certain employee
               group prefixed by the letter M by changing the pay
               range for Community Health Services Manager.
               (PASSED, 7-0; #18382)

32)  04-108    Amending the pay schedule for a certain employee
               group prefixed by the letter A by changing the job
               classification of Water Service Worker III to
               Water Service Supervisor and to amend the pay
               range of Water Meter Shop Supervisor.
               (PASSED, 7-0; #18383)

33)  04-109    Amending the pay schedule for a certain employee
               group prefixed by the letter E by creating the job
               classification of Ombudsman. (PASSED, 7-0; #18384)

34)  04-110    Change of Zone 04028 - Application of the Urban
               Development Department to create a special sign
               overlay district within the B-4 Lincoln Center
               Business District on property generally located
               between O and P Streets and North 11th and North
               12th Streets. (PASSED, 7-0; #18385)
               Fact Sheet (626K)
               Attachment (8K)

35)  04-111    Change of Zone 04029 - Application of Sanitary and
               Improvement District No. 6 for a change of zone
               from AG Agricultural to H-3 Highway Commercial and
               from R-1 Residential and H-3 Highway Commercial to
               R-1 Residential on property generally located at
               N.W. 84th Street/S.W. 84th Street and West O
               Street. (AMENDED, 7-0; PASSED AS AMENDED,
               7-0; #18386)
               Fact Sheet (404K)

36)  04-112    Change of Zone 04033 - Application of St.
               Elizabeth Community Health Center for a change of
               zone from O-3 Office Park District to B-2 Planned
               Neighborhood Business District on property
               generally located south of Kensington Drive and
               west of N. 26th Street. (In connection w/04R-
               127) (PASSED, 7-0; #18387)
               Fact Sheet (249K)

37)  04R-127   Use Permit 94B - Application of St. Elizabeth
               Community Health Center to increase the boundary
               of the existing Use Permit to allow a total of
               47,000 sq. ft. of floor area and a reduction in
               the front yard setback along N. 26th Street from
               50 feet to 20 feet, on property generally located
               south of Kensington Drive and west of N. 26th
               Street. (In connection w/04-112) (ADOPTED, 7-0;
               A-82833)
               Fact Sheet (429K)

38)  04-113    Annexation No. 04006 - Amending the Lincoln
               Corporate Limits Map by annexing approximately
               3.979 acres of property generally located at South
               84th Street and Norval Road. (In connection
               w/04-114, 04R-142) (Substitute Ordinance) (SUBSTITUTE
               ORDINANCE ACCEPTED,  7-0; SUBSTITUTE ORDINANCE PASSED,
               7-0; #18388)
               Fact Sheet (154K)
               Substitute (23K)

39)  04-114    Change of Zone 04010 - Application of Ron Tonniges
               for a change of zone from AG Agricultural to R-1
               Residential on property generally located at S.
               84th Street and Norval Road. (In connection
               w/04-113, 04R-142) (Substitute
               Ordinance)(SUBSTITUTE ORDINANCE ACCEPTED, 7-0;
               SUBSTITUTE ORDINANCE PASSED, 7-0; #18389)
               Fact Sheet (168K)
               Substitute (9K)

40)  04R-142   Approving the Brandt Heights 1st Conditional
               Annexation and Zoning Agreement between the City
               and Ronald A. Tonniges and Marva R. Tonniges
               outlining certain conditions and understandings
               with regards to the annexation of approximately
               3.979 acres of property generally located north
               and south of Norval Road and east of 84th Street.
               (In connection w/04-113, 114) (ADOPTED, 7-0;
               A-82834)
               Attachment (78K)

41)  04-115    Vacating the north 9'4" of the Q Street right-of-
               way adjacent to a part of the Haymarket Parking
               Garage generally located at 9th and Q Streets as
               part of a contractual agreement between B&J
               Partnership and the City. (PASSED, 7-0; #18390)
               Fact Sheet (276K)


REQUEST OF COUNCILMAN JON CAMP TO RECONSIDER THE PATTI
TALAMANTE CLAIM AGAINST THE CITY WHICH WAS DENIED 6/14/04,
RESOLUTION NO. A-82803. (TO HAVE PUBLIC HEARING AND ACTION
ON 7/12/04, 7-0)


PENDING LIST - DATE CERTAIN

42)  04-95     Annexation 02012 Wilderness Hills - Amending
               the Lincoln Corporate Limits Map by annexing
               approximately 91.98 acres generally located
               southeast of the intersection of South 27th
               Street and Yankee Hill Road. (In
               connection w/04-96, 04R-107, 04R-108, 04R-
               109) (5/24/04 - Action Delayed to 6/7/04)
               (6/7/04 - Action Delayed to 6/14/04) (6/14/04
               - Action Delayed to 6/28/04)
               Fact Sheet (357K)

43)  04-96     Change of Zone 3423 - Application of Gerald
               Maddox for a change of zone from AG
               Agricultural District to R-3 Residential
               District, R-5 Residential District, O-3
               Office Park District, and B-2 Planned
               Neighborhood Business District, on property
               generally located southeast of the
               intersection of South 27th Street and Yankee
               Hill Road. 
               (In connection w/04-95, 04R-107, 04R-108, 04R-
               109) (5/24/04 - Action Delayed to
               6/7/04) (6/7/04 - Action Delayed to
               6/14/04) (6/14/04 - Action Delayed to
               6/28/04)
               Fact Sheet (598K)

44)  04R-107   Approving the Wilderness Hills
               Conditional Annexation and Zoning
               Agreement between the City of Lincoln
               and Lincoln Federal Bancorp, Inc.
               outlining certain conditions and
               understandings with regards to the
               annexation of property generally located
               southeast of the intersection of South
               27th Street and Yankee Hill Road. (In
               connection w/ 04-95, 04-96,  04R-108,
               04R-109)(5/17/04 - Action Delayed to
               5/24/04) (5/24/04 - Action
               Delayed to 6/7/04) (6/7/04 -
               Action Delayed to 6/14/04)
               (6/14/04 - Action Delayed to
               6/28/04)
               Attachment (93K)

45)  04R-108   Special Permit 1999 - Application of Gerald Maddox
               to develop Wilderness Hill Community Unit Plan
               consisting of 640 single family, townhouse, and
               multi-family dwelling units, with waivers to the
               preliminary plat process, landscaping in traffic
               circles and medians, front yard setbacks, rear
               yard setbacks, minimum lot area and width,
               building height, and sanitary sewer design
               standards, on property generally located southeast
               of the intersection of South 27th Street and
               Yankee Hill Road.(In connection w/04-95, 04-96,
               04R-107, 04R-109) (5/17/04 - Action Delayed to
               5/24/04) (5/24/04 - Action Delayed to
               6/7/04) (6/7/04 - Action Delayed to
               6/14/04) (6/14/04 - Action Delayed to
               6/28/04)
               Fact Sheet (739K)

46)  04R-109   Use Permit 154 - Application of Gerald
               Maddox to develop 495,000 sq. ft. of
               office and commercial floor area, with
               waivers to the preliminary plat process,
               landscaping in traffic circles and
               medians, front yard setbacks, rear yard
               setbacks, minimum lot area and width,
               building height, and sanitary sewer
               design standards, on property generally
               located southeast of the intersection of
               South 27th and Yankee Hill
               Road. (In connection  w/04-95, 04-96,
               04R-107, 04R-108) (5/17/04 -
               Action Delayed to 5/24/04)
               (5/24/04 - Action Delayed to 6/7/04)
               (6/7/04 - Action Delayed to 6/14/04)
               (6/14/04 - Action Delayed to
               6/28/04)
               Fact Sheet (732K)

PENDING LIST (EXTENDED ONE WEEK)

47)   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)

48)  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)

49)  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)

50)  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)

51)  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)

52)  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)

53)   04-13    Change of Zone 3429 - Application of
               William Krein for a change of zone from
               R-4 Residential District to R-T
               Residential Transition District on
               property generally located at S.
               56th Street and Pine Lake Road.
               (2/2/04 - Public Hearing & Action
               con't to 3/1/04) (3/1/04 - Placed on
               Pending)
               Fact Sheet (825K)

54)   04R-12   Special Permit 1713B - Application of William
               Krein to amend the boundaries of Aspen
               3rd Addition Community Unit Plan and add
               ten residential lots for a total of 205 single
               family, townhouse, and multi-family units on
               property generally located at S. 56th
               Street and Pine Lake Road. (In connection
               w/04R-13, 04-13) (2/2/04 - P.H. & Action con't. to
               3/1/04) (3/1/04 - Placed on Pending)
               Fact Sheet (785K)

55)  04R-13    Use Permit 155 - Application of William Krein to
               construct nine 5,000 sq. ft. office buildings on
               property generally located at S. 56th Street and
               Pine Lake Road. (In connection w/04R-12, 04-13)
                (2/2/04 - P.H. & Action Con't. to
               3/1/04) (3/1/04 - Placed on Pending)
               Fact Sheet (762K)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, JUNE 28, 2004 AT 5:30 P.M.:
                               (APPROVED, 7-0; SEE ITEM 59)

56)  04R-154   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth therein for the period of
               June 1 - 15, 2004.
               Fact Sheet (14K)
               Attachment (30K)

57)  04R-155   Approving an Interlocal Agreement between the City
               and Southeast Community College to provide payment
               for a portion of the renovation of a burn tower in
               the amount of $15,000.00 such that the City of
               Lincoln Fire and Rescue can conduct live burns for
               purposes of fire suppression training, and to
               establish an annual maintenance fee to be paid by
               the City to Southeast Community College for
               repairs of the burn tower in the future.
               Fact Sheet (19K)
               Attachment (19K)

58)  04R-156   Expressing support for Amendment 4 which will be
               on the November General Election ballot to provide
               a portion of state lottery proceeds be dedicated
               to the State Fair.
               Fact Sheet (10K)

59)  04R-157   Amending Resolution No. A-81347, adopted February
               25, 2002, to open South 80th Street from Nob Hill
               Road to the south boundary line of the preliminary
               plat of Parker's Landing and to remove the
               existing barricade. (WITHDRAWN, 7-0; #38-4479)
               Fact Sheet (13K)

Please note: During the open microphone & registered section
of the agenda, individuals are allowed a total of 5 minutes to
speak whether registered or not regardless of number of
topics.


     ANY PERSON DESIRING TO HAVE THEIR NAME & SUBJECT MATTER
     LISTED ON THE FORMAL AGENDA PERTAINING TO MATTERS NOT ON THE
     CURRENT AGENDA, OR NOT SCHEDULED TO APPEAR ON A FUTURE
     AGENDA, SHOULD NOTIFY THE CITY CLERK BY 10:00 A.M. ON THE
     WEDNESDAY (6/23/04) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (6/28/04).

     Danny Walker        Topic: Garbage Dump adj. to 610 G St.
                                (held over from 6/14/04)
     (COUNCIL MEMBER MCROY REQUESTED THE DLA TO FOLLOW UP AND
     RESPOND TO MR. WALKER)

     Michael P. Kane     Topic: Public Restrooms (NOT PRESENT)


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 5:03 P.M.


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Internet at:             lincoln.ne.gov
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