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City of Lincoln City Council Office Formal Agenda | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 22, 2005 AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of Joel C. Priest for Brinker
Restaurant Corporation d/b/a "Chili's Southwest Grill &
Bar"at 6730 South 27th Street.(ADOPTED FOR APPROVAL, 7-0;
A-83487)
2) Application of Lincoln Steak Company, LLC d/b/a
"Whiskey Creek Steakhouse" for a liquor catering
license at 3000 Pine Lake Road.(ADOPTED FOR APPROVAL,
7-0; A-83488)
3) Application of Christo's Pub, Inc. d/b/a "Christo's
Pub" for a Class C liquor license at 1200 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-83489)
4) Manager application of Kolby Alexander Wood for
Christo's Pub, Inc. d/b/a "Christo's Pub" at 1200 O
Street.(ADOPTED FOR APPROVAL, 7-0; A-83490)
5) Application of Hy-Vee, Inc. d/b/a Hy-Vee #1 for a Class
C liquor license at 6919 "O" Street. (ACTION & PUBLIC
HEARING DELAYED ONE WEEK TO 8/29/05, 7-0)
6) Manager Application of Darren J. Baty for Hy-Vee, Inc.
d/b/a Hy-Vee #1 at 6919 "O" Street.(ACTION & PUBLIC
HEARING DELAYED ONE WEEK TO 8/29/05, 7-0)
7) Application of Hy-Vee, Inc. d/b/a Hy-Vee #2 for a Class
C liquor license at 2343 North 48th Street. (ACTION &
PUBLIC HEARING DELAYED ONE WEEK TO 8/29/05, 7-0)
8) Manager Application of Matthew T. Ludwig for Hy-Vee,
Inc. d/b/a Hy-Vee #2 at 2343 North 48th Street. (ACTION &
PUBLIC HEARING DELAYED ONE WEEK TO 8/29/05, 7-0)
9) Application of Hy-Vee, Inc. d/b/a Hy-Vee #3 for a Class
C liquor license at 5020 North 27th Street.(ACTION &
PUBLIC HEARING DELAYED ONE WEEK TO 8/29/05, 7-0)
10) Manager Application of Gregory D. Dillavou for Hy-Vee,
Inc. d/b/a Hy-Vee #3 at 5020 North 27th Street.(ACTION &
PUBLIC HEARING DELAYED ONE WEEK TO 8/29/05, 7-0)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (ITEMS 11 THRU 16 HAD
2ND READING)
11) 05-123 Approving a Management Agreement between the City
and SMG to provide for management, marketing,
entertainment, administration, and procurement
services for Pershing Municipal Auditorium for a
four-year period beginning September 1, 2005.
Fact Sheet (43K)
Attachment (1184K)
12) 05-124 Change of Zone 04060 - Application of Larry Coffey
for a change of zone from AG Agricultural District
to H-3 Highway Commercial District on property
generally located at the northwest corner of N.W.
48th Street and Highway 34. (Related Items:
05-124, 05R-201)
Fact Sheet (330K)
13) 05R-201 Approving the Development and Conditional Zoning
Agreement between the City and Larry Coffey for a
change of zone from AG Agricultural District to H-
3 Highway Commercial District to expand an
existing convenience shop generally located at the
northwest corner of N.W. 48th Street and Highway
34. (Related Items: 05-124, 05R-201) (Action
Date: 8/29/05)
Fact Sheet (12K)
Attachment (13K)
14) 05-125 Change of Zone 05051 - Application of Stone Bridge
Creek LLC for a change of zone from AG
Agricultural District to R-3 Residential District
and R-5 Residential District on property generally
located at N. 14th Street and Pennsylvania Avenue.
Fact Sheet (184K)
15) 05-126 Amending Chapter 1.28 of the Lincoln Municipal
Code relating to reasonable accommodation to more
accurately state the requirements of the Acts, to
provide additional application requirements, to
modify the reference to Section 1.28.050, and to
revise and supplement the factors to be considered
in making a determination.
Fact Sheet (18K)
16) 05-127 Amending Chapter 9.44 of the Lincoln Municipal
Code relating to Fireworks to add a reference to
Section 9.44.080, to limit the hours of sale of
permissible fireworks to correspond with the hours
when permissible fireworks may be used, and to
expressly define the hours and days when
permissible fireworks may be discharged, exploded,
or used.
Fact Sheet (14K)
PUBLIC HEARING - RESOLUTIONS
17) 05R-192 Approving the acquisition of two parcels of land
totaling 13,900 sq. ft. for park land generally
located at West Leighton Avenue, West Thatcher
Lane and N.W. 46th Street.
Fact Sheet (226K)
(ADOPTED, 6-0; MARVIN ABSTAINED; A-83491)
18) 05R-197 Approving appropriations in the amount of $36,275
from the operation of Keno lottery funds for
various human services.
Attachment (43K)
(ADOPTED, 7-0; A-83492)
19) 05R-198 Approving the Interlocal Agreement between the
City and County for Dust Control Treatment on
South 98th Street between Van Dorn Street and
Yankee Hill Road during the reconstruction of
South 84th Street.
Fact Sheet (56K)
Attachment (486K)
(ADOPTED, 7-0; A-83493)
20) 05R-199 Appointing April Stevenson to the Lincoln Library
Board of Trustees for a seven-year term expiring
August 31, 2012.
Attachment (68K)
(ADOPTED, 7-0; A-83494)
21) 05R-200 Reappointing Roger Larson and Tommy Taylor to the
Lincoln-Lancaster County Planning Commission for
six-year terms expiring August 24, 2011.
(ADOPTED, 7-0; A-83495)
22) 05R-202 Approving an Agreement between the City, EMS Inc.,
St. Elizabeth Medical Center, and Byran LGH
Medical Center to provide medical oversight for
ambulance services.
Fact Sheet (52K)
Attachment (44K)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-83496)
23) 05R-203 Adopting the City of Lincoln 2005-2006 Annual
Operating and Capital Improvement Budget for
Fiscal Year 2005/06. (AMENDED #1, LOST, 3-4 ; CAMP,
ESCHLIMAN, SVOBODA ASSENTNG; AMENDED #2, APPROVED, 6-1;
CAMP DISSENTING; ADOPTED AS AMENDED, 7-0; A-83497)
24) 05R-204 Authorizing the formation of the Lincoln
Redevelopment and Investment
05R-204S Corporation, a Nebraska Not-for-profit public
benefit corporation and approving the related
Articles of Incorporation and Bylaws for the same
in connection with an application for
certification as a Community Development Entity
eligible for allocation of New Market Tax Credits
and other community improvement purposes.
Attachment (386K)
(APPROVED SUBSTITUTE RESO., 7-0; ADOPTED SUBSTITUTE
RESO., 7-0; A-83498)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS >
25) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPT.:
Change of Zone 05054 - App. of Prairie Home
Builders, Inc. from an AG to R-3 and R-5 on
property located at N. 84th Street and Adams
Street.
Change of Zone 05056 - App. of Reserve
Development, LLC from AG to AGR on property
located at SW 12th Street and W. Denton Road.
Special Permit 05041 - App. Reserve Development,
LLC for 63 residential dwelling units, with
requests to waive the preliminary plat, sidewalks,
street lighting, street trees, landscape
screening, block length, storm water detention,
sewer opposite street grades, and allow reduced
setbacks on property located at SW 12th Street
and W. Denton Road.
Change of Zone 05059 - App. of Molex, Inc.,
Yasufuku USA, Inc., and LLL Investments from I-2
to I-1 on property located at NW 12th Street and
W. Bond Circle.
Pre-Existing Special Permit 23F - App. of Nebraska
Wesleyan University for an amendment to expand the
boundaries of the Special Permit on property
located at N. 56th Street and Madison Avenue.
Pre-Existing Special Permit 30A - App. of Katch,
LLC for an amendment to expand the boundaries for
sale of alcoholic beverages for consumption on the
premises on property located at NW 12th Street and
W. Bond Street.
Special Permit 1629F - App. of Duteau Investment
Company for an amendment to reduce the building
setback on property located at S. 27th Street
and Porter Ridge Road.
Special Permit 05042 - App. of James M. Young for
the expansion of a non-standard home into the
required front yard on property located at N. 67th
Street and Morrill Avenue.
Special Permit 05043 - App. Shady Creek, LLC for
an early childhood care facility with requests to
waive building plans and elevations at the same
time of submittal for the facility to be located
on an arterial street and take access to the
arterial street on property located at S.
55th Street and Shady Creek Court.
26) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Ordinances and
Resolutions passed by the City Council on August 15,
2005. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 27 THRU 30 HAD 1ST READING)
27) 05-128 COZ 05004 - Application of Realty Trust Group,
Inc. for a change of zone from AG Agricultural
District to R-3 Residential District on property
generally located at South 84th Street and Old
Cheney Road; designating said property as a
Planned Unit Development; and for approval of a
development plan for 28 multi-family units and
22,000 square feet of commercial/retail floor area
in the underlying R-3 Residential District with
requested waivers of the required preliminary plat
process and modifications to the Zoning Ordinance
and Land Subdivision Ordinance.
Fact Sheet (443K)
28) 05-129 Amending Ordinance No. 17381 to allow preparation
of detailed plans and specifications for a median
along South 56th Street between Madalyn Road and
Old Cheney Road as well as to allow preparation of
detailed plans and specifications and construction
of a west leg to the South 56th and Shadow Pines
Drive intersection which will connect South 56th
Street to Stephanie Lane.
Fact Sheet (30K)
Attachment (108K)
29) 05-130 Amending Ordinance No. 18214 to allow preparation
of detailed plans and specifications for a median
along Pioneers Boulevard from the east leg of the
South 70th Street intersection easterly to the
intersection of Pagoda Lane.
Fact Sheet (464K)
30) 05-131 Approving an Agreement between Spirits by Beckman
and the Lincoln Area Agency on Aging/Life for the
lease of office space for a one-year term in
Saunders County, Nebraska, for the outposted
counselor for the Life Office program.
Fact Sheet (51K)
Attachment (62K)
ORDINANCES - 3RD READING & RESOLUTIONS
31) 05-116 Repealing Section 10.48.090 of the
Lincoln Municipal Code relating to the
sale of abandoned or seized bicycles
Fact Sheet (64K)
(PASSED, 7-0; #18597)
32) 05-117 Amending Chapter 8.06 Air Pollution, 8.20 Food
Code, 8.24 Noise Control, 8.38 Public Swimming
Pools, 8.40 Spa Facilities, 8.44 Water Wells, and
24.38 on-site WasteWater Treatment, to increase
fees for various permits and to create fees for
noise variances.
Fact Sheet (73K)
(AMENDED, 7-0; PASSED AS AMENDED, 7-0; #18598)
33) 05-118 Approving a transfer of appropriations and cash
between certain capital improvement projects
within the Water Construction Fund, Street
Construction/Vehicle Tax Fund, Parking Revenue
Fund, and Sanitary Sewer Construction Fund within
the Public Works & Utilities Department.
Fact Sheet (54K)
(PASSED, 7-0; #18599)
34) 05R-190 Comp. Plan Amendment 05013 - Amending the 2025
Lincoln/Lancaster County Comprehensive Plan to
change the land use designation from Commercial
and Industrial to Urban Residential on property
generally located along Humphrey Avenue between N.
14th and N. 27th Streets. (Related Items: 05R-
190, 05-119, 05R-191, 05R-120) (Action Date:
8/22/05)(ADOPTED, 7-0; A-83499)
Fact Sheet (1684K)
35) 05-119 Annexation 05009 - Amending the Lincoln Corporate
Limits Map by annexing approximately 22 acres of
property generally located northwest of I-80 and
N. 27th Street. (Related Items: 05R-190, 05-
119, 05R-191, 05R-120)
Fact Sheet (643K)
(PASSED, 7-0; #18600)
36) 05R-191 Approving the Stone Bridge Creek - The Villas
Conditional Annexation and Zoning Agreement
between the City and Stonebridge Creek, LLC
relating to the annexation of approximately 22
acres, generally located northwest of the I-80 and
North 27th Street Interchange. (Related Items:
05R-190, 05-119, 05R-191, 05R-120) (Action Date:
8/22/05)
Fact Sheet (50K)
Attachment (28K)
(ADOPTED, 7-0; A-83500)
37) 05-120 Change of Zone 04081 - Application of Stone Bridge
Creek LLC for a change of zone from I-3 Employment
Center District to R-3 Residential District and
from AG Agricultural District to I-3 Employment
District on property generally located northwest
of I-80 and N. 27th Street.(Related Items: 05R-
190, 05-119, 05R-191, 05R-120)
Fact Sheet (1066K)
(PASSED, 7-0; #18601)
38) 05-121 Change of Zone 04063 - Amending Chapter
27.68 of the Lincoln Municipal Code,
Personal Wireless Facilities, to delete
the requirement for an administrative
permit to collocate on existing
facilities, to clarify how the fall zone
is measured, and to delete the
definition of "Modification".
Fact Sheet (19K)
(PASSED, 7-0; #18602).
39) 05-122 Street Name Change 05006 - Renaming Blaine Court
as Blaine Drive generally located on the east side
of Enterprise Drive, 1/4 mile north of Folkways
Blvd. in Tabitha New Community.
Fact Sheet (625K)
(PASSED, 7-0; #18603)
40) 05-107 Amending the pay schedule for the employee group
whose classifications are assigned to the pay
range prefixed by the letter M to adjust the
schedules of annual, monthly, biweekly and hourly
pay range equivalents. (8/8/05 - Action Delayed
2 wks. to 8/22/05)
Fact Sheet (137K)
Attachment (127K)
(PLACED ON PENDING - NO DATE CERTAIN, 7-0)
PENDING LIST - DATE CERTAIN (SEE ITEMS 41 THRU 45)
41) 05R-134 Comp. Plan Amendment No. 05014 - Amending the
Lincoln/Lancaster County Comprehensive Plan by
deleting references to the Theater Policy and
entertainment in the Downtown, and by deleting one
statement requiring market studies for proposed
new theaters outside of the Downtown area. (In
connection w/05-85, 05-86, 05R-135, 05R-136)
(Action Date: 7/11/05) (6/20/05 - Placed on
Pending to 7/25/05 with P.H.) (7/11/05 - Pending
to 8/29/05 w/P.H.) ( 8/15/05 - Public Hearing
con't to 9/12/05)
Fact Sheet (1425K)
(8/22/05 - PUBLIC HEARING CON'T. TO 9/19/05, 7-0)
42) 05-85 Amending Section 27.63.630(c) of the Lincoln
Municipal Code Zoning Ordinance for theaters
in the B-5 Planned Regional Business
District, to allow theaters with more than
six screens, provided they are located
outside a 6.5 mile radius measured from the
center of the intersection of 13th and O
Streets. (In connection w/05-86, 05R-134,
05R-135, 05R-136) (6/20/05 - Placed on Pending
to 7/25/05 with P.H.) (7/11/05 - Pending to
8/29/05 w/P.H.) ( 8/15/05 - Public Hearing con't.
to 9/12/05)
Fact Sheet (370K)
(8/22/05 - PUBLIC HEARING CON'T. TO 9/19/05, 7-0)
43) 05-86 Change of Zone 05036 - Application of Eiger
Corporation for a change of zone from AG
Agricultural District to B-5 Planned Regional
Business District on property generally
located at South 91st Street and Pine Lake
Road. (In connection w/05R-134, 05-85, 05-86,
05R-135, 05R-136) (6/20/05 - Placed on Pending
to 7/25/05 with P.H.)(7/11/05 - Pending to
8/29/05 w/P.H.)(8/15/05 - Public Hearing con't. to
9/12/05)
Fact Sheet (408K)
(8/22/05 - PUBLIC HEARING CON'T. TO 9/19/05, 7-0)
44) 05R-135 Appeal of Eiger Corporation from the Planning
Commission denial of Special Permit 05023 to
construct an 80,000 sq. ft. theater complex
with 18 screens in the B-5 zoning district,
on property generally located at S. 91st
Street and Pine Lake Road. (In connection
w/05R-134, 05-85, 05-86, 05R-136) (Action
Date: 7/11/05) (6/20/05 - Placed on Pending
to 7/25/05 with P.H.) (7/11/05 - Pending to
8/29/05 w/P.H.) ( 8/15/05 - Public Hearing
con't. to 9/12/05)
Fact Sheet (672K)
(8/22/05 - PUBLIC HEARING CON'T. TO 9/19/05, 7-0)
45) 05R-136 Appeal of Eiger Corporation from the Planning
Commission denial of Use Permit 140B to allow
950,983 sq. ft. of commercial and office
floor area, on property generally located at
S. 91st Street and Pine Lake Road.(In
connection w/05R-134, 05R-135, 05-85, 05-86)
(Action Date: 7/11/05) (6/20/05 -
Placed on Pending to 7/25/05 with P.H.)
(7/11/05 - Pending to 8/29/05 w/P.H.) 8/15/05
- Public Hearing con't. to 9/12/05)
Fact Sheet (1046K)
(8/22/05 - PUBLIC HEARING CON'T. TO 9/19/05, 7-0)
PENDING LIST (EXTENDED ONE WEEK)
46) 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 (1194K)
47) 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)
48) 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 (3K)
49) 04-188 Annexation 03001 - Amending the Lincoln Corporate
Limits Map by annexing approximately 214 acres of
property generally located at North 56th Street
and Arbor Road. (In connection 04R-273, 04-189,
04R-272) (10/11/04 - Placed on Pending
Indefinitely)
Fact Sheet (237K)
50) 04R-273 Approving the North Bank Junction Annexation and
Zoning Agreement between the City and Roger &
Eldonna Schwisow and Hartland Homes, Inc. relating
to the annexation of approximately 214 acres on
property generally located at North 56th Street
and Arbor Road. (In connection w/04-188, 04-
189, 04R-272) (10/11/04 - Placed on Pending
Indefinitely)
Attachment (527K)
51) 04-189 Change of Zone 3398 - Application of Hartland
Homes, Inc., Rodger & Eldonna Schwisow for a
change of zone from AG Agricultural to R-3
Residential for approximately 123 acres and H-4
General Commercial for approximately 21 acres on
property generally located at North 56th Street
and Arbor Road. (In connection w/04-188, 04R-273,
04R-272)(10/11/04 - Placed on Pending
Indefinitely)
Fact Sheet (217K)
52) 04R-272 Special Permit 2004 - Application of Hartland
Homes, Inc., Rodger & Eldonna Schwisow to develop
125,000 sq. ft. of planned service commercial
floor area, with variances to the rear and side
yard setback requirements on property located at
North 56th Street and Arbor Road.(In
connection w/04-188, 04R-273, 04R-189, 04R-272)
(10/11/04 - Placed on Pending Indefinitely)
Fact Sheet (535K)
53) 05R-29 Application of Capital Humane Society for a waiver
of Lincoln Municipal Code Chapter 2.81 Living Wage
Ordinance. (2/14/05 - Pending, No Date
Certain)
Fact Sheet (38K)
Attachment (657K)
54) 05R-178 Approving the removal of the existing
barricade in Cumberland Drive at the
common line of Colonial Acres
2nd Addition and Jerrold Heights 2nd Addition.
(8/1/05 - Placed on Pending Indefinitely)(Request to
remove from Pending for Public Hearing on 8/29/05)
(REMOVED FROM PENDING FOR PUBLIC HEARING ON 29/05)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, AUGUST 29, 2005 AT 5:30 P.M.:
(APPROVED, 7-0)
55) 05R-209 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of August 1 - 15,
2005.
Fact Sheet (13K)
Attachment (22K)
56) 05R-205 Authorizing and supporting the Parks & Recreation
Department's submittal of a grant application to
the Transportation Enhancement Program of the
State of Nebraska Department of Roads for the
construction of a bridge over 27th Street at "X"
known as the "Mopac Trail Bridge - 27th Street".
Fact Sheet (62K)
57) 05R-206 Approving a program Agreement between the City and
the State Department of Roads providing for
preliminary engineering and construction of a 2-
mile long, 10-foot wide concrete trail in east
Lincoln as an extension of the existing Billy
Wolff Trail which follows the Antelope Creek
drainage basin from 86th and Old Cheney
Road to Highway #2.
Fact Sheet (61K)
Attachment (485K)
58) 05R-207 Use Permit No. 05006 - Application of Southview,
Inc. and Ridge Development Company for authority
to develop 130 townhome units with requests to
adjust the setbacks to 0', to reduce the roadway
width from 27' to 24' for Fitzpatrick Lane,
Shelford Lane, and Kirwin Drive, to adjust the
minimum lot area from 2,500 to 1,800 square feet,
and to allow sanitary sewer to flow opposite
street grades, on property generally located
northwest of the intersection of South 40th Street
and Yankee Hill Road.
Fact Sheet (874K)
59) 05R-208 Requesting the establishment of a mayoral task
force to determine what level of investment is
required to maintain the quality of Lincoln's
system of parks and trails, what level of capital
funding should be provided in fiscal year 06-07
and subsequent years, and the proper role and
capacity of private support for maintaining public
assets, and requiring the study findings to be
available for consideration during the City
Council Budget Retreat in the Fall of 2005.
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.
The Open Microphone and Registered Section is available on the
2nd & Last Monday of each month.
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 (8/24/05)
PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
MICROPHONE SESSION (8/29/05).
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. THERE WILL ONLY BE ONE (1) OPEN MICROPHONE
SESSION FOR AUGUST WHICH WILL BE ON AUGUST 29TH
ADJOURNMENT 3:25 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.
****
The City Council Agenda and Action Sheet may be accessed on the
Internet at:
lincoln.ne.gov
***
City Council