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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, AUGUST 9, 2004 AT 5:30 P.M. PUBLIC HEARING FOR THE 1 & 6 YEAR STREET & HIGHWAY PROGRAM & THE 2004-05 MAYOR'S RECOMMENDED ANNUAL OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM FY 2004-10 WILL BEGIN AFTER THE REGULAR CITY COUNCIL MEETING. ALL MEMBERS PRESENT PUBLIC HEARING LIQUOR RESOLUTIONS 1) Application of Penalty Box Pub, LLC dba Penalty Box Pub for a Class I liquor license at 5551 South 48th Street. (ADOPTED FOR APPROVAL, 7-0; A-82898) 2) Manager application of Ronald D. Bartholomew for Penalty Box Pub, LLC dba Penalty Box Pub at 5551 South 48th Street.(ADOPTED FOR APPROVAL, 7-0; A-82899) PUBLIC HEARING ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS (ITEMS 3 THRU 12 HAD 2ND READING; SEE ITEMS 3, 4, 5, 6, 7, 10, & 11) 3) 04-145 Amending the pay schedule for the employee group whose classifications are assigned to the pay range prefixed by the letter A and C to adjust the schedules of annual, monthly, biweekly and hourly pay range equivalents. (Request 2nd and 3rd Reading on 8-9-04). Fact Sheet (47K) Attachment (431K) (RULES WAIVED TO HAVE 2ND & 3RD READINGS THIS DATE, 5-2; CAMP, FRIENDT DISSENTING; PASSED, 7-0; #18412) 4) 04-146 Amending the pay schedule for the employee group whose classifications are assigned to the pay range prefixed by the letter B to adjust the schedules of annual, monthly, biweekly and hourly pay range equivalents. (Request 2nd and 3rd Reading on 8-9-04). Fact Sheet (46K) Attachment (72K) (RULES WAIVED TO HAVE 2ND & 3RD READINGS THIS DATE, 5-2;CAMP, FRIENDT DISSENTING; PASSED, 7-0; #18413) 5) 04-147 Amending the pay schedule for the employee group whose classifications are assigned to the pay range prefixed by the letter N to adjust the schedules of annual, monthly, biweekly and hourly pay range equivalents. (Request 2nd and 3rd Reading on 8-9-04). Fact Sheet (47K) Attachment (435K) (RULES WAIVED TO HAVE 2ND & 3RD READINGS THIS DATE, 5-2; CAMP, FRIENDT DISSENTING; PASSED, 7-0; #18414) 6) 04-148 Amending the pay schedule for the employee group whose classifications are assigned to the pay range prefixed by the letter P to adjust the schedules of annual, monthly, biweekly and hourly pay range equivalents. (Request 2nd and 3rd Reading on 8-9-04). Fact Sheet (47K) Attachment (97K) (RULES WAIVED TO HAVE 2ND & 3RD READINGS THIS DATE, 5-2; CAMP, FRIENDT DISSENTING; PASSED, 7-0; #18415) 7) 04-149 Street & Alley Vacation No. 04004 - Vacating South 6th Street between the south line of the Burlington Northern Santa Fe Railroad right-of-way and the north line of the east/west alley between M and L Street, generally located at 6th and M Streets. Fact Sheet (164K) (PUBLIC HEARING CON'T. FOR ONE WEEK W/ACTION TO 8/16/04, 7-0.) 8) 04-150 Miscellaneous No. 04006 - Vacating a portion of the plat of Riverside Addition, a portion of the plat of Halters Subdivision, Lot 60 I.T., and all of the previously vacated street and alley rights- of-way adjacent thereto, located along Salt Creek, north of Military Road. (North 14th and Virginia Streets) Fact Sheet (130K) 9) 04-151 Change of Zone 04035 - Application of Madonna Rehabilitation Hospital for a change of zone from R-4 Residential District to O-3 Office Park District on property generally located at S. 56th Street and Pine Lake Road. (In connection w/04R-193, 04R-194, 04-152) Fact Sheet 10) 04R-193 Special Permit 1713C - Application of Madonna Rehabilitation Hospital to amend the Aspen 3rd Addition Community Unit Plan to permit 67 dwelling units, with a requested waiver of the preliminary plat process, on property generally located at S. 56th Street and Pine Lake Road. (In connection w/04-151, 04R-194, 04-152) Fact Sheet (501K) (ACTION DELAYED ONE WEEK TO 8/16/04, 7-0) 11) 04R-194 Use Permit 04001 - Application of Madonna Rehabilitation Hospital to permit a 110,000 sq. ft. medical/office building, on property generally located at S. 56th Street and Pine Lake Road. (In connection w/04-151, 04R-193, 04-152) Fact Sheet (592K) (ACTION DELAYED ONE WEEK TO 8/16/04, 7-0) 12) 04-152 Vacation 04005 - Vacating Allen Road from the west line of Stephanie Lane west to a point approximately 565 l.f. along the centerline of Allen Road, generally located at Pine Lake Road and Stephanie Lane. (In connection w/04-151, 04R-193, 04R-194) Fact Sheet (250K) PUBLIC HEARING - RESOLUTIONS 13) 04R-187 Authorizing Vincenzo's Inc. to occupy a portion of the public right-of-way at 808 P Street to provide outdoor seating for Vincenzo's Restaurant. (8/2/04 - Public Hearing & Action Delayed to 8/9/04) (Request to Withdraw) Fact Sheet (58K) Attachment (357K) (WITHDRAWN, 7-0; #38-4481) 14) 04R-191 Approving Legends at 8300 Northwoods Drive as a Keno satellite site. (ADOPTED, 7-0; A-82900) 15) 04R-192 Authorizing the acceptance of the donation of one piece of artwork for inclusion in the City's public art collection and for display on public property. Fact Sheet (42K) (ACTION DELAYED ONE WEEK TO 8/16/04, 7-0) 16) 04R-195 Adopting the report of the Cable Television Advisory Board related to the cable television franchise renewal proceedings and the Request for Renewal Proposal. Fact Sheet (15k) (AMENDED TO DELAY RESPONSE TIME FROM 10/1/04 TO 11/1/04, 7-0; ADOPTED AS AMENDED, 6-1; CAMP DISSENTING; A-82901) - END OF PUBLIC HEARING - CONSENT AGENDA: PETITIONS & COMMUNICATIONS 17) THE FOLLOWING HAVE BEEN REFERRED TO PLANNING DEPT.: Change of Zone 3312 - App. of Ridge Development Co. from R-3 to B-2 at North 14th Street and Fletcher Avenue. Change of Zone 04032 - App. of Director of Planning to amend Chapter 27.60 of the Lincoln Municipal Code to simplify and streamline the Planned Unit Development process. Change of Zone 04042 - App. of Anderson Ford to amend Sections 27.69.049(d) and 27.69.270 of the LMC to allow larger message center/electronic chargeable signs in the H-3 district within 660 feet of the interstate. Change of Zone 04043 - App. of Director of Planning to amend Sec. 27.47.020, 27.47.035, 27.47.040, 27.49.020, 27.49.030, 27.49.050, 27.51.040 and 27.51.060 of the LMC to allow churches as a conditional use in the I-1 Industrial, I-2 Industrial Park and I-3 Employment Center Districts. Change of Zone 04045 - App. of Director of Planning to amend Chapters 27.27, 27.28, 27.31, 27.37, 27.63, 27.65, 27.69, 27.70 of the LMC to streamline the development process. Change of Zone 04047 - App. of Jack G. Wolfe from AG & R-3 to 0-2 at South 84th Street and Old Cheney Road. Change of Zone 04048 - App. Seacrest & Kalkowski from 0-3 to R-3 at South 14th Street and Yankee Hill Road. Change of Zone 04049 - App. of Callaway Development Corp. from I-1 to R-5 at North 25th Street and Fairfield Street. Use Permit 117A - App. of Security First Federal for an amendment to allow a ground sign outside the pad site at South 14th Street and Pine Lake Road. Use Permit 123C - App. of Seacrest and Kalkowski for an amendment to waive the rear and side yard setbacks at North 33rd Street and Folkways Boulevard. Use Permit 126B - App. of Seacrest and Kalkowski to change boundaries of the use permit at South 14th Street and Yankee Hill Road. Use Permit 135 - App. of Ridge Development Company for 163,000 sq. ft. commercial, retail, and fast food on property at Fletcher Avenue and Interstate 80. Special Permit 1692C - App. of Wilderness Ridge Community Unit Plan to change boundaries to allow for additional parking on property at South 14th Street and Yankee Hill Road. Special Permit 04004A - App. of Meyer Homes Inc to allow a deck higher than 31 ft. to project into the rear yard setback up to 8 ft. on property at 7310 Whitewater Lane. Special Permit 04034 - App. of BryanLGH Medical Center for a health care facility on property at South 27th Street and Tamarin Ridge Road. Special Permit 04037 - App. of Joe Hakenkamp for Tabitha Inc. for a health care facility on property at South 47th Street and Randolph Street. Special Permit No. 04040 - App. of Callaway Development Corp. amendment to The Legends Community Unit Plan for approximately 168 dwelling units w/requests to waive front yard setback, rear yard setback, reduction in separation between 3 story buildings, storm water detention, perimeter landscape screening, and increase in building height on property at North 25th Street and Fairfield Street. 18) Setting the Hearing Date of Monday, August 23, 2004 at 1:30 p.m. for the App. of Remlo Enterprises, LLC dba Hepburn's Ville Grille & Pub for a Class J liquor License at 2701 N. 48th Street, #4. (ADOPTED, 7-0;A-82902) 19) Setting the Hearing Date of Monday, August 23, 2004 at 1:30 p.m. for the App. of Arturo's Inc dba Arturo's Restaurante & Cantina for a Class "I" liquor license at 803 Q Street. (ADOPTED, 7-0; A-82903) 20) Setting the Hearing Date of Monday, August 23, 2004 at 1:30 p.m for the App. of Gateau Enterprises, LLC dba Windsor Stables Reception Centre for a Class I liquor license at 1024 L Street. (ADOPTED, 7-0; A-82904) 21) Setting the Hearing Date of Monday, August 23, 2004 at 1:30 p.m. for the App. of Gateau Enterprises, LLC dba The Green Gateau Caf‚ and Patisserie for a Class J liquor license at 330 South 10th Street. (ADOPTED, 7-0; A-82905) 22) MISCELLANEOUS REFERRALS REPORTS OF CITY OFFICERS 23) Report from City Treasurer of Telecommunication Occupation Tax for the month of April - June, 2004: VoiceStream, Business Telecom., Winstar Comm., Telenational Comm., Comtech 21, PNG Telcomm., OPEX Comm., Netifice Comm., IDT Corp., Fast Phones of Nebraska; June, 2004: Alltel Comm. of NE, Alltel Nebraska Inc., Alltel Systems of the Midwest, AT&T, Intellical, Working Assets, Boyers United, Bell Atlantic, CIII, XO Long Distance, Cricket, Verizon Select, ACN, Cincinnati Bell, Virgin Mobile USA, Global Crossing, Qwest, USCOC of Greater Iowa, On Star, Who's Calling, Trans National, McLeodUSA, Nextel, ECI, TracFone, Voice Com, Enhanced Comm., Guaranteed Phone Service, Matrix Telecom, MCI, Primus. PLACED ON FILE) 24) Report from City Treasurer of franchise fees for Time Warner Cable. (PLACED ON FILE) 25) Report from Lincoln Water & WasteWater System for the Recapitulation of Daily Cash Receipts for July, 2004. (PLACED ON FILE) - END CONSENT AGENDA - ORDINANCES - 1ST READING (ITEMS 26 THRU 28 HAD 1ST READING) 26) 04-153 Authorizing the transfer of unspent and unencumbered appropriations and cash within the Public Works & Utilities Department between certain capital improvements projects within the Water Revenue Fund, Sanitary Sewer Construction Fund, Storm Sewer Bond Fund, Landfill Revenue Fund, Street Construction, and Parking Fund. Fact Sheet (54K) 27) 04-154 Amending Section 8.20.230 of the Lincoln Municipal Code to increase the permit fee for Level II Food Handler and Level II Approved Inservice Food Handler and to establish a permit fee for Level III Approved Inservice Food Handler. Fact Sheet (46K) 28) 04-155 Amending Chapter 24.01 of the Lincoln Municipal Code to change the definition of Director to refer to the Director of Building and Safety, to increase the schedule of fees, and to impose a minimum fine for violating the provisions of this Chapter. Fact Sheet (50K) ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION 29) 04-136 Amending Section 5.04.210 of the Lincoln Municipal Code to adjust the occupation tax on liquor licenses to set them at the maximum rate allowed by recently passed LB 485. Fact Sheet (51K) (AMENDED, 7-0; PASSED AS AMENDED, 7-0; #18416) 30) 04-137 Change of Zone 04039 - Application of Eiger Corporation for a change of zone from H-4 General Commercial District to B-5 Planned Regional Business District on property generally located southeast of the intersection of South 84th Street and Highway 2. (In connection w/04R-183, 04R-184) Fact Sheet (176K) (PASSED, 7-0; #18417) 31) 04R-183 Special Permit 2046A - Application of Eiger Corporation to develop 32,500 sq. ft. of commercial and retail floor area with waivers to the preliminary plat process, to allow a cul-de- sac in excess of 1,000 feet, to reduce setbacks from 20 feet to 0 feet adjacent to outlots, to not require a sidewalk along Highway 2 and S. 87th Street, to allow the transfer of sewage from one drainage basin to another, and to allow lot lines not at right angles to street, on property generally located southeast of the intersection of S. 84th Street and Highway 2. (In connection w/04-137, 04R-184) (8/2/04 - Action Delayed to 8/9/04) Fact Sheet (555K) (ADOPTED, 7-0; A-82906) 32) 04R-184 Use Permit 150A - Application of Eiger Corporation to develop 325,000 sq. ft. of commercial and retail floor area, with waivers to the preliminary plat process, to allow a cul-de-sac in excess of 1,000 feet, to reduce setbacks from 20 feet to 0 feet adjacent to outlots, to not require a sidewalk along Highway 2 and S. 87th Street, to allow the transfer of sewage from one drainage basin to another, and to allow lot lines not at right angles to street, on property generally located southeast of the intersection of S. 84th Street and Highway 2. (In connection w/04-137, 04R-183) (8/2/04 - Action Delayed to 8/9/04) Fact Sheet (594K) (ADOPTED, 7-0; A-82907) 33) 04-138 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. Fact Sheet (137K) Attachment (115K) (PASSED, 7-0; #18418) 34) 04-139 Amending the pay schedule for the employee group whose classifications are assigned to the pay range prefixed by the letter E to adjust the schedules of annual, monthly, biweekly and hourly pay range equivalents. Fact Sheet (137K) Attachment (44K) (PASSED, 7-0; #18419) 35) 04-140 Amending the pay schedule for a certain employee group prefixed by the letter A and the letter C by creating the job classifications of EMS Management Support Specialist and Urban Search and Rescue Specialist. Fact Sheet (137K) Attachment (149K) (PASSED, 7-0; #18420) 36) 04-141 Amending Section 2.76.200 of the Lincoln Municipal Code, Compensation Plan, to clarify the procedure for temporary assignment in a higher classification as it relates to employees with a pay range prefixed by the letter N. Fact Sheet (137K) (PASSED, 7-0; #18421) 37) 04-142 Amending the pay schedule for the employee group whose classifications are assigned to the pay range prefixed by the letter X to adjust the schedules of annual, monthly, biweekly and hourly pay range equivalents. Fact Sheet (137K) Attachment (136K) (PASSED, 7-0; #18422) 38) 04-143 Amending Chapter 5.14 of the Lincoln Municipal Code relating to Bowling Alleys to define "public bowling centers" and to require a permit for a teen night event at a public bowling center, to change the reference from public bowling alley to public bowling center, to provide the permit procedure and fee for teen night events, to revise conditions for issuance of permits, to provide that permits for bowling centers shall expire one year after date of issuance, to change references to bowling "alleys" to "lanes", to change references to bowling alley to public bowling center, to clarify grounds for revocation of permits, to change a reference to "license" to "permit", to add new sections to provide permit requirements for teen night events, to prohibit the use of tobacco and alcoholic liquor at all teen night events, to establish closing hours for teen night events, to establish a minimum age of teen night event participants, to make it unlawful to falsely present age at a teen night event, to limit the use of facilities, to require maintenance and one year retention of a roster of participants at each teen night event, to require a certificate of insurance coverage, to provide an exception regarding violations, and to provide penalties. (AMENDED, 7-0; PASSED AS AMENDED, 7-0; #18423) 39) 04-144 Amending Section 5.04.120 of the Lincoln Municipal Code to allow minors to be on premises licensed to sell alcohol after 9:00 p.m. only during times and places properly permitted for a particular teen night event. Fact Sheet (9K) (PASSED, 7-0; #18424) PENDING LIST - DATE CERTAIN - NONE PENDING LIST (EXTENDED ONE WEEK) 40) 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) 41) 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) 42) 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) 43) 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) 44) 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) 45) 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) 46) 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) 47) 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) 48) 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, AUGUST 16, 2004 AT 1:30 P.M.: (APPROVED, 7-0; SEE ITEM 55) 49) 04R-198 Reappointing Jan Gauger to the Lincoln Housing Authority Board for a five-year term expiring July 1, 2009. 50) 04R-199 Special Permit 04033 - Application of Sterling Hills LLC to develop Sterling Hills Community Unit Plan for 119 dwelling units with requested waivers of the Land Subdivision Ordinance and Zoning Code to waive preliminary plat process, to allow sanitary sewer to flow opposite street grades, to allow lots to exceed the maximum lot width to depth ratio, to allow lot lines not at right angles to the street, to allow adjustments to the front, side and rear yard setbacks, to adjust the minimum lot area, to reduce the required roadway width from 27' to 23', and to allow sidewalks behind the homes as opposed to along the street, on property generally located northwest of South 37th Street and Yankee Hill Road. Fact Sheet (502K) 51) 04R-200 Use Permit 04002 - Application of Cameron Corporation to develop 112 dwelling units and two outlots in the O-3 Office Park District with requested waivers of the Land Subdivision Ordinance and Zoning Code to waive front, side and rear yard setbacks, location of sanitary sewer main, location of water main, lot depth to width ratio, to allow sanitary sewer flowing opposite street grades, and to waive the preliminary plat process, on property generally located at W. Fletcher Avenue and N.W. 12th/13th Streets. Fact Sheet (754K) 52) 04R-201 Declaring an area generally bounded by M Street on the south, 48th Street on the west, R Street on the north, and 52nd Street on the east as blighted and substandard. Fact Sheet (619K) 53) 04R-202 Approving an Interlocal Agreement between the City of Lincoln Aging Services and Polk County to provide planning and coordination of services for the development, management, and operation of the County's aging programs, and for information and referral services of older citizens within Polk County. Fact Sheet (43K) Attachement (761K) 54) 04R-203 Reappointing Jonathan Cook to the Public Building Commission for a three-year term expiring August 1, 2007. 55) 04R-204 Approving appropriations in the amount of $38,800 from the operation of Keno lottery funds for various human services. Attachment (37K) (PUBLIC HEARING DELAYED TO 8/23/04, 7-0) 56) 04R-205 Accepting the report of new and pending claims against the City and approving disposition of claims set forth therein for the period of July 16 - 31, 2004. Fact Sheet (13K) Attachment (31K) 57) 04R-206 Approving a labor contract between the City of Lincoln and the Lincoln Police Union effective August 12, 2004. Fact Sheet (136K) Attachment (107K) 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 (8/1104) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (8/16/04). 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 6:20 P.M. RECONVENE 6:22 P.M. PUBLIC HEARING 1) ONE & SIX YEAR STREET & HIGHWAY PROGRAM 2) 2004-05 MAYOR'S RECOMMENDED ANNUAL OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM FY 2004/05 - 2009/10. ADJOURNMENT 9:30 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 ***