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Formal Agenda



                                  CORRECTED

                            IMMEDIATELY PRECEDING 
               THE REGULAR COUNCIL MEETING OF NOVEMBER 8, 2010,
                     THE CITY COUNCIL WILL CONVENE AS THE
              BOARD OF EQUALIZATION TO EQUALIZE THE ASSESSMENTS
               FOR THE DOWNTOWN BUSINESS IMPROVEMENT DISTRICT,
               THE CORE BUSINESS IMPROVEMENT DISTRICT OVERLAY
                  AND THE MAINTENANCE IMPROVEMENT DISTRICT
                                                     (APPROVED, 7-0)


               ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, NOVEMBER 8, 2010 AT 3:00 P.M.

                             ALL MEMBERS PRESENT
                                 
     THERE WILL BE NO MEETING THE WEEK OF NOVEMBER 29TH DUE TO HOLIDAY

           THERE WILL BE A MEETING ON NOVEMBER 22ND AT 5:30 P.M.


                                PUBLIC HEARING
                                CONSENT AGENDA
 

Anyone wishing to address an item on the Consent Agenda may do so at this time


REPORTS OF CITY OFFICERS

 1)  10R-278   Appointing Maureen Brase-Houchin to the Lincoln
               City Library Board of Trustees to fill an
               unexpired term expiring August 31, 2013.
               (ADOPTED, 7-0; A-86089)
               Attachment (446K)

 2)  10R-283   Reappointing John Henry "Jack" Zohner, Dennis
               Biggerstaff and Ronald Geary to the Heating,
               Ventilating and Cooling Board of Examiners for
               terms expiring April 4, 2011, April 4, 2012 and
               April 4, 2013, respectively. (ADOPTED, 7-0; 
               A-86090)

 3)  10R-284   Reappointing Dan Kubr, Terry Culwell and John
               Sinclair to the Building Code Board of Appeals
               for terms expiring April 1, 2012, April 1, 2013
               and April 1, 2013, respectively. (AMENDED, 7-0; 
               ADOPTED AS AMENDED, 7-0; A-86091)

 4)  10R-285   Reappointing Mike McNiff, Doug Biggerstaff, 
               Matt Morrissey, Mike Berry and Roger Kriefels 
               to the Gas Piping Exam Board for terms expiring 
               April 1, 2012. (ADOPTED, 7-0; A-86092)

 5)  10R-286   Reappointing Bill Whitmer and Don Schroeder to
               the Electrical Advisory Appeals and Examining
               Board for terms expiring August 15, 2012 and
               August 15, 2013, respectively. (ADOPTED, 7-0; 
               A-86093)

 6)  10R-287   Appointing Dan Chrisp and Clinton Bruhn to the
               Electrical Advisory Appeals and Examining Board
               for terms expiring August 15, 2011 and August
               15, 2013, respectively. (ADOPTED, 7-0; A-86094)
               Attachment (137K)

 7)  10R-288   Reappointing Michael Coon, Martin Kasl and R.J.
               Lippert to the Fire Sprinkler and Chemical
               Examining Board for terms expiring November 24,
               2013. (ADOPTED, 7-0; A-86095)

 8)  10R-289   Reappointing Doug Biggerstaff to the Water
               Conditioning Board of Examiners for a term
               expiring September 4, 2013. (ADOPTED, 7-0; 
               A-86096)

 9)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on October 25, 2010. (PLACED ON FILE)

10)            Report from City Treasurer of City Cash on hand
               at the close of business September 30, 2010. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

11)            REFERRALS TO THE PLANNING DEPARTMENT:
               Special Permit No. 10031 - Requested by
               U-Pull-It, Inc., for the operation of a salvage
               yard on property generally located at N. 70th
               Street and Cornhusker Highway.


12)  MISCELLANEOUS REFERRALS - NONE

                         - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

13)            Application of Kelley and Tyrrell, Inc. dba
               McCourt's Ale House for a Class C liquor license
               at 118 South 9th Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-86097)

14)            Manager application of Christopher A. Kelley for
               Kelley and Tyrrell, Inc. dba McCourt's Ale House
               at 118 South 9th Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-86098)

15)            Application of Yankee Hill, LLC dba Yankee Hill
               Country Club for a Class C liquor license at
               7600 San Mateo Lane. (ADOPTED FOR APPROVAL, 7-0; 
               A-86099)

16)            Manager application of Amy A. Wieseler for
               Yankee Hill, LLC dba Yankee Hill Country Club at
               7600 San Mateo Lane. (ADOPTED FOR APPROVAL, 7-0; 
               A-86100)

17)            Application of Blue Mango Holdings, LLC dba
               Cocos Night Club, formerly known as El Salvador
               Cafe, to expand its Class C liquor license by
               the addition of a reconstructed area for a new
               licensed area described as a one story building
               approximately 50 feet by 140 feet and the
               basement area located at 221 South 9th Street.
               (ADOPTED FOR APPROVAL, 7-0; A-86101)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 18 & 
19 HAD 2ND READING)

18)  10-140    Vacation 10009 - Vacating the south half of the
               north-south alley between Sumner Street and
               Garfield Street and between S. 29th Street and
               Jefferson Avenue. 
               Fact Sheet (692K)

19)  10-143    Approving the Amended and Restated Site Lease
               from the City and County of Lancaster, Nebraska
               to the Lincoln-Lancaster County Public Building
               Commission; approving the Amended and Restated
               Lease Agreement from the Commission to the
               County and the City; and authorizing the
               issuance of not to exceed $7,500,000 of the
               Commission's Tax Supported Lease Rental Revenue
               Refunding Bonds, Series 2010B.  


PUBLIC HEARING - RESOLUTIONS

20)  10R-279   Approving three Contract Agreements between the
               City and Tabitha Home Care Specialties, Elite
               Professionals Home Care Company and Arcadia
               Health Care for In-Home Supportive Services for
               the Elderly, pursuant to Bid No. 10-181, for
               two-year terms with the option to renew for one
               additional two-year term. (ADOPTED, 7-0; A-86102)
               Fact Sheet (235K)
               Attachment (2242K)
               Attachment (3893K)
               Attachment (3067K)

21)  10R-280   Approving three Contract Agreements between the
               City and Southern Uniform & Equipment, Alamar
               Uniforms and Galls Inc. for the annual supply of
               Police Clothing, pursuant to Bid No. 10-171, for
               two-year terms with the option to renew for one
               additional two-year term. (ADOPTED, 7-0; A-86103)
               Fact Sheet (182K)
               Attachment (1423K)
               Attachment (1429K)
               Attachment (1395K)

22)  10R-281   Approving three Contract Agreements between the
               City of Lincoln, Lancaster County and the
               Lincoln-Lancaster County Public Building
               Commission and Lampe's Clean Air Specialists,
               Division 15 Sales Inc., and Tri Dim Filter
               Corporation for the annual supply of HVAC
               Filters, pursuant to Bid No. 10-107, for
               three-year terms with the option to renew for
               one additional one-year term. (ADOPTED, 7-0; 
               A-86104)
               Fact Sheet (120K)
               Attachment (1733K)
               Attachment (1697K)
               Attachment (1723K)

23)  10R-282   Approving a Cooperative Agreement between the
               City and the Nebraska Department of
               Environmental Quality for grant funding from the
               Stormwater Management Plan Program. 
               (ADOPTED, 7-0; A-86105)
               Fact Sheet (13K)
               Attachment (459K)

24)  10R-291   Approving the labor contract between the City of
               Lincoln and the Lincoln Police Union for the
               period of August 19, 2010 through August 31,
               2011. (ADOPTED, 7-0; A-86106)
               Fact Sheet (85K)
               Attachment (286K)

25)  10R-297   Approving the selection of Constructors Inc. and
               authorizing execution of the construction
               contract between the City and the Nebraska Dept.
               of Roads for the use of Federal Highway
               Infrastructure Investment Funds provided by the
               American Recovery and Reinvestment Act of 2009
               and/or Federal Surface Transportation Program
               funds for Project LCLC- 5239(8), Citywide Durable
               Pavement Markings 5221(3), Citywide
               Continental Pedestrian Crosswalks. 
               (11/1/10 - to be placed on Public Hearing 
               Resolutions w/Action on 11/8/10) (ADOPTED, 7-0; 
               A-86107)
               Fact Sheet (13K)
               Attachment (167K)

26)  10R-298   Approving the selection of Constructors Inc. and
               authorizing execution of the construction
               contract between the City and the Nebraska Dept.
               of Roads for the use of Federal Highway
               Infrastructure Investment Funds provided by the
               American Recovery and Reinvestment Act of 2009
               and/or Federal Surface Transportation Program
               funds for Project LCLC- 5221(3), Citywide
               Continental Pedestrian Crosswalks 
               5239(8), Citywide Durable Pavement Markings. 
               (11/1/10 - to be placed on Public Hearing Resolutions
               w/Action on 11/8/10) (ADOPTED, 7-0; A-86108)
               Fact Sheet (13K)
               Attachment (182K)

                       - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 27 
THRU 35 HAD 1ST READING)

27)  10R-290   Approving the Block 38 Redevelopment Agreement
               between Block 38, LLC and the City relating to
               the redevelopment of property generally located
               on the north half of Block 38, between 13th and
               14th Streets and P and Q Streets. (Related
               Items: 10R-290, 10-141, 10-142, 10R-299)
               (Action Date: 11/22/10)
               Fact Sheet (-0K)
               Attachment (1343K)

28)  10-141    Authorizing the issuance of tax allocation bonds
               not to exceed $1,725,000 for the City of Lincoln, 
               Block 38 Redevelopment Project in Downtown Lincoln. 
               Related Items: 10R-290, 10-141, 10-142, 10R-299)
               (Action Date: 11/22/10) 

29)  10-142    Authorizing and providing for the issuance of
               not to exceed $30,000,000 of the City of
               Lincoln, Nebraska Parking Revenue and Refunding
               Bonds, Series 2010. (Related Items: 10R-290,
               10-141, 10-142, 10R-299) (Action Date: 11/22/10)

30)  10R-299   Approving a Construction Manager at Risk
               Contract between Sampson Construction Company,
               Block 38, LLC and the City of Lincoln for
               construction of the mixed use facility,
               including a City parking garage, private
               residential and commercial space, on property
               generally located on the north half of Block 38,
               between 13th and 14th Streets and P and Q
               Streets. (Related Items: 10R-290, 10-141, 
               10-142, 10R-299) (Action Date: 11/22/10)
               Attachment (600K)

31)  10-145    Authorizing the execution and delivery of (1) a
               Lease Agreement, (2) a Trust Indenture, (3) a
               Deed of Trust, Security Agreement and Assignment
               of Rents and Leases and (4) a Tax Compliance
               Agreement in connection with the issuance of not
               to exceed $10,000,000 principal amount of the
               City's Recovery Zone Facility Industrial
               Development Revenue Bonds (TMCO, Inc. Project)
               Series 2010.

32)  10-146    Authorizing the execution and delivery of (1) a
               Lease Agreement, (2) a Trust Indenture, (3) a
               Deed of Trust, Security Agreement and Assignment
               of Rents and Leases and (4) a Tax Compliance
               Agreement in connection with the issuance of not
               to exceed $14,000,000 principal amount of the
               City's Recovery Zone Facility Industrial
               Development Revenue Bonds (Block 21, L.L.C.
               Project) Series 2010.

33)  10R-295   Comp. Plan Conformity 10008 - Approving an
               amendment to the Lincoln Center Redevelopment
               Plan to add the "Telesis Meadowgold Redevelopment 
               Project" to redevelop the former Meadowgold 
               manufacturing complex into mixed-use industrial 
               buildings and a residential/commercial building, 
               on property in Block 84, Original Lincoln, 
               generally bounded by M, 7th, L, and 8th Streets. 
               (Related Items: 10R-295, 10-144) (Action 
               Date: 11/22/10)
               Fact Sheet (2867K)
               Attachment (872K)
               Attachment (2033K)

34)  10-144    Change of Zone 10020 - Application of The Dairy
               House LLC for a change of zone from I-1
               Industrial District to B-4 Lincoln Center
               Business District on property generally located
               at south 8th Street and M Street. (Related
               Items: 10R-295, 10-144, 10-147) (Action Date:
               11/22/10)
               Fact Sheet (678K)

35)  10-147    Authorizing the execution and delivery of (1) a
               Lease Agreement, (2) a Trust Indenture, (3) a
               Deed of Trust, Security Agreement and Assignment
               of Rents and Leases and (4) a Tax Compliance
               Agreement in connection with the issuance of not
               to exceed $2,800,000 principal amount of the
               City's Recovery Zone Facility Industrial
               Development Revenue Bonds (Telesis, Inc. Project) 
               Series 2010. (Related Items: 10R-295, 10-144, 
               10-147) (Action Date: 11/22/10)


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)

36)  10R-275   Comp. Plan Conformance 10006 - Adopting and
               approving the proposed Nebraska Innovation
               Campus Redevelopment Plan for an area adjacent
               to the University of Nebraska-Lincoln city
               campus including the former Nebraska State Fair
               Park, generally located from N. Antelope Valley
               Parkway to 27th Street, between Salt Creek and
               the Burlington Northern Santa Fe Railroad
               corridors. (Related Items: 10R-275, 10-135)
               (Action Date: 11/8/10) (ADOPTED, 7-0; A-86109)
               Fact Sheet (644K)
               Attachment (6933K)

37)  10-135    Change of Zone 10018 - Application of the
               University of Nebraska for a change of zone from
               P Public Use District to O-3 Planned Unit
               Development for development of Nebraska
               Innovation Campus including approximately two
               million square feet of mixed use commercial
               space, up to 250 dwelling units and up to 135
               hotel rooms, on property generally located at
               North Antelope Valley Parkway and Salt Creek
               Roadway. (Related Items: 10R-275, 10-135)
               (Action Date: 11/8/10) (MTA #1 ADOPTED, 7-0; 
               PASSED AS AMENDED, 7-0; #19464)
               Fact Sheet (1580K)
               Motion To Amend (53K)

38)  10-136    Vacation 10012 - Vacating that portion of the
               north-south alley abutting the south 9.78 feet
               of Lot 14, Maxwell's Addition, generally located
               at the northwest corner of South 16th Street and
               South Street. (PASSED, 7-0; #19465)
               Fact Sheet (400K)

39)  10-137    Vacation 10013 - Vacating various rights-of-way
               in Antelope Valley generally bound by S Street
               on the north, Monroe Avenue on the south, N.
               19th Street on the west and N. 22nd Street on
               the east. (PASSED, 7-0; #19466)
               Fact Sheet (1772K)

40)  10-138    Amending Title 10 of the Lincoln Municipal Code
               relating to Vehicles and Traffic by adding a new
               section numbered 10.02.365 to define Snow
               Removal District, and by creating a new Lincoln
               Municipal Code Chapter 10.41, Snow Removal
               District, by adding Section 10.41.010 to
               prohibit parking in any Snow Removal District
               whenever a snow emergency is declared; adding
               Sections 10.41.020, 10.41.030, 10.41.040,
               10.41.050, 10.41.060, 10.41.070, 10.41.080,
               10.41.090, and 10.41.100 to establish the
               Downtown, University Place, Havelock, Bethany,
               College View, 11th and G Street, 13th Street,
               17th and Washington, and 25th and Sumner Snow
               Removal Districts, respectively; adding Section
               10.41.110 to authorize the Mayor to order a
               parking prohibition on all streets designated as
               part of any Snow Removal District; and adding
               Section 10.41.120 to authorize the Director of
               Public Works and Utilities to provide for
               signage identifying said Snow Removal Districts.
               (PASSED, 7-0; #19467)
               Fact Sheet (12K)

41)  10-139    Amending Title 5 of the Lincoln Municipal Code
               relating to Licenses and Regulations by amending
               Section 5.36.120 relating to the appeal of a
               denial of an application for a Peddler's permit
               to provide that the Chief of Police and the
               Director of Public Works and Utilities may
               designate persons from their departments to fill
               such directors' positions on the Permit Review
               Board; amending Section 5.50.080 relating to the
               suspension or revocation of a taxicab driver
               license to provide that the Chief of Police and
               the Director of Public Works and Utilities may
               designate persons from their departments to fill
               such directors' positions on the Taxicab Review
               Board. (PASSED, 7-0; #19468)
               Fact Sheet (101K)


PENDING LIST - DATE CERTAIN

42)  10-133    Change of Zone 10019 - Application of Assurity
               Life Insurance Co. for a change of zone from O-3
               Office Park District to B-2 Planned Neighborhood
               Business District, on property generally located
               at the northwest corner of South 27th Street 
               and Old Cheney Road. (Related Items 10-133, 
               10R-271, 10-134) (Action Date: 11/1/10) (10/25/10 -
               2nd Reading w/P.H. con't. to 11/15/10)
               Fact Sheet (2087K)

43)  10R-271   Use Permit No. 15D - Amending the Use Permit for
               Southwood Center to change approximately 33,020
               sq. ft. of office uses to retail uses, with a
               request to reduce the front yard setback on
               South 27th Street and Old Cheney Road, on
               property generally located at the northwest
               corner of South 27th Street and Old Cheney Road.
               (Related Items 10-133, 10R-271, 10-134)
               (Action Date: 11/1/10) (10/25/10 -
               2nd Reading w/P.H. con't. to 11/15/10)
               Fact Sheet (1580K)

44)  10-134    Vacation 10015 - Vacating the right-of-way stub
               on the north side of Old Cheney Road located
               approximately 480 feet west of the centerline of
               South 27th Street. (Related Items 10-133,
               10R-271, 10-134) (Action Date: 11/1/10)
               (10/25/10 - 2nd Reading w/P.H. con't. to 
               11/15/10)
               Fact Sheet (805K)


PENDING LIST   (EXTENDED ONE WEEK)

45)  05-188    Change of Zone 3413 - Application of Landon's
               Neighborhood Assoc. for a change of zone from 
               R-4 Residential to R-2 Residential on property
               generally located at N. 24th and Superior
               Streets. (12/19/05 - Placed on Pending
               Indefinitely)
               Fact Sheet (1465K)

46)  07-73     Amending Title 20 of the Lincoln Municipal
               Code, the Building Code, by adding a new
               Chapter 20.02, entitled Neglected Building
               Registration, to require registration of
               neglected, deteriorated and/or abandoned
               buildings, to require the filing of plans
               for restoration or demolition of abandoned
               buildings, and to establish penalties for
               violations thereof. (5/7/07 - Placed on
               Pending, No Date Certain)

47)  09-20B    Annexation No. 08016 - Amending the Lincoln
               Corporate Limits Map by annexing approximately
               106 acres north of Interstate 80 on both sides
               of NW 48th Street. (3/2/09 - Placed on
               Pending Indefinitely)
               Fact Sheet (220K)
               Attachment (296K)

48)  09R-76    Establishing a Roads to Jobs Fund to make funds
               available for road projects, declaring a surplus
               of $8,000,000.00 in the Special Assessment
               Revolving Fund, and authorizing the transfer of
               said funds to the Roads to Jobs Fund.
               (5/11/09 - Placed on Indefinite Pending)

49)  10-4      Change of Zone 08075 - Application of Waterford 
               Estates, LLC, for a change of zone from AG 
               Agricultural District to B-2 Planned Neighborhood 
               Business District on property generally located 
               at North 98th Street and O Street. (Related 
               Items 10-4, 10R-26) (Request to place on Indefinite
               Pending) (1/11/10 - Placed on Indefinite Pending & 
               to have P.H. when removed from Pending)
               Fact Sheet (647K)

50)  10R-26    Use Permit 08003 - Application of Waterford
               Estates, LLC, to develop 250,000 sq. ft. of
               commercial floor area on property generally
               located at North 98th Street and O Street.
               (Related Items 10-4, 10R-26) (Action Date:
               2/1/10) (Request to place on Indefinite Pending)
               (1/11/10 - Placed on Indefinite Pending & to
               have P.H. when removed from Pending)

51)            Hearing date of Monday, February 1, 2010,
               requested by J. Michael Rierden on behalf of
               Lincoln Federal Savings Bank and Stonebridge
               Creek LLC appealing from the determination of
               Impact Fees imposed on the property legally
               described as Lots 39, 45, 46, 47, 49, 50 in
               Section 25, Township 11 North, Range 6 East
               generally located between Centurion Drive and
               North 27th Street along both sides of Alvo Road,
               Lancaster County, Nebraska.  (9/14/09 -
               Placed on Pending, Date Certain to have P.H. on
               2/01/2010) (Request to place on Indefinite
               Pending) (1/11/10 - Placed on Indefinite Pending
               & to have P.H. when removed from Pending)

52)  10-8      Change of Zone 09003 - Application of
               Yankee Hill Townhomes, LLC, for a change of
               zone from AG Agricultural, R-3 Residential
               and R-4 Residential to R-4 Residential
               District Planned Unit Development for 84
               townhomes, 348 apartments and 30,000 square
               feet of commercial land uses, with waivers
               to adjust the minimum average lot, the
               minimum lot area, the front, side and rear
               setbacks, and the 3:1 width to depth ratio,
               on property generally located at South 84th
               Street and Yankee Hill Road. (Request to
               place on Indefinite Pending & to have P.H.
               when removed from Pending) (1/25/10 -
               Placed on Indefinite Pending & to have P.H.
               when removed from Pending)
               Fact Sheet (693K)

53)  10-101    Adopting an amended and restated version of the
               City of Lincoln Employees' Retirement Plan and
               Trust to provide that the employer contribution
               for employees hired in positions and pay ranges
               prefixed by the letter "N" on or after September
               1, 2010 will be an amount equal to 9% of an
               employee's compensation; and to further provide
               that the mandatory employee contribution for
               employees hired in positions and pay ranges
               prefixed by the letter "N" on or after September
               1, 2010 will be in an amount equal to 7% of an
               employee's compensation. (8/23/10 - Reconsidered 
               Ordinance No. 19430 - Placed on Pending Indefinitely)
               Fact Sheet (104K)


      WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
      PUBLIC HEARING ON MONDAY, NOVEMBER 15, 2010, AT 3:00 P.M.
                                                     (APPROVED, 7-0)

54)  10R-296   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of October 16 -
               31, 2010.
               Fact Sheet (14K)
               Attachment (20K)

55)  10R-292   Designating a replacement Equal Employment
               Officer for the City's ADA/Section 504 Civil
               Rights Policy.
               Fact Sheet (19K)

56)  10R-293   Designating a replacement Title VI Coordinator
               for the City's Title VI Civil Rights Plan.
               Fact Sheet (19K)

57)  10R-294   Waiver 10022 - Application of CenterPointe Inc.
               to waive the requirements of Section
               27.67.100(c) of the Lincoln Municipal Code
               relating to parking lot surfacing on property
               generally located at the northwest corner of
               South 7th Street and C Street.
               Fact Sheet (469K)


During the Open Microphone Session of the agenda, individuals are allowed 
a total of 5 minutes to speak regardless of number of topics. The Open 
Microphone Session is available on the 2nd & last Monday of each month.


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 THE OPEN MICROPHONE SESSION. THE OPEN MICROPHONE
     SESSIONS DURING THE MONTH OF NOVEMBER ARE THE 8TH AND 22ND.


Note: Open Microphone Sessions are November 8th 3:00 p.m. and November 22nd 5:30 p.m.


ADJOURNMENT   3:50 P.M.


                                  ***
                         The City Council Meeting
          which is broadcast live at 3:00 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
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