2003-10-28j t
"CORRECTED"
CITY COUNCIL AGENDA FOR OCTOBER 28, 2003
LEGISLATIVE CHAMBERS -2:00 P.M.
ROLL CALL
1. City Clerk calls the roll.
CCID # 1391 - Present: Thompson, Welch, Gernandt, Kraft, Sigerson,
Mr. President
Absent: Brown
Councilmember Brown enters Legislative Chambers at 2:07 P.M.
2. Pledge of Allegiance.
3. Invocation by Councilmember Marc Kraft of District No. 1.
CERTIFICATION OF PUBLICATION
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City
of Omaha on October 24, 2003, notice re: Pre-Council and Regular City Council
Meetings, October 28, 2003.
CCID # 1392 - From Chair on File
WHENEVER ANY PERSON HAS BEEN INVITED TO SPEAK,OR HAS BEEN GRANTED THE OPPORTUNITY OF SPEAKING
BEFORE THE COUNCIL DURING A HEARING, EACH PERSON WILL BE REQUESTED TO BE BRIEF,AND TO LIMIT HIS OR
HER PRESENTATION TO TEN MINUTES.WHEN MORE THAN ONE PERSON WISHES TO ADDRESS THE COUNCIL ON A
GIVEN QUESTION,THE PROPONENTS WILL BE GIVEN THE OPPORTUNITY OF FIRST ADDRESSING THE COUNCIL.THE
OPPONENTS OF THE QUESTION WILL BE GIVEN THE OPPORTUNITY TO SPEAK AFTER THE PROPONENTS'
PRESENTATION. THE PROPONENTS WILL BE GIVEN A BRIEF PERIOD FOR REBUTTAL OF ANY NEW MATERIAL
INTRODUCED DURING THE OPPONENTS PRESENTATION,AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED.
IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVE TWENTY MINUTES FOR THEIR PRESENTATION.
COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING.
RESOLUTIONS RE: PRELIMINARY PLAT AND PLAT
5. Res. that the preliminary plat entitled OPIS ADDITION located Southeast of 77th
and Dodge Streets, along with the attached conditions is hereby accepted; and,
the preparation of the final plat of this subdivision is hereby authorized - Inside
City - over from 10/21/03 - see attached. ((ACTION CAN BE TAKEN TODAY))
CCID # 2291 - Motion to lay over 10 weeks to 1/6/04 Carried 6-0
(a) Amendment of the Whole requested by the Planning Department -
over from 10/21/03 - see attached.
# 2291 - Over to 1/6/04
(b) Planning Board and Planning Department recommend approval of
OPIS ADDITION located Southeast of 77th and Dodge Streets -
Inside City - over from 10/21/03 - see attached.
# 2291 - Over to 1/6/04
(c) Planning Board and Planning Department recommend approval of
the Preliminary Plat of OPIS ADDITION including a waiver of
Section 53-9(9) - Sidewalks, located southeast of 77th and Dodge
Streets (re: Amendment of the Whole) - Inside City - over from
10/21/03 - see attached.
# 2291 - Over to 1/6/04
(d) Communication from Jerry Slusky, Attorney, requesting that the
Preliminary Plat of OPIS ADDITION be withdrawn - over from
10/21/03 - see attached.
# 2291 - From Chair on File
(e) Communication from Jerry Slusky, Attorney, requesting that the
Preliminary Plat of Opis Addition be laid over 10 weeks to January
6, 2004.
# 2291 - From Chair on File
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"PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD NOVEMBER 11, 2003,
AGENDA ITEM NO. 6 SHALL BE LAID OVER
THREE WEEKS TO NOVEMBER 18, 2003
FOR PUBLICATION AND PUBLIC HEARING"
6. Res. that the replat transmitted herewith entitled FIRST ADDITION TO
WESTSIDE REPLAT 1, located northeast of 52nd and Center Streets, is hereby
approved, and concurrently a portion of the existing plat entitled Willet Place,
First Addition to West Side, and Eckerman Place, and described on said replat, is
hereby vacated - Inside City- see attached.
CCID # 1399 - Over 3 wks. to 11/18/03 for publication and Public Hearing
pursuant to City Council Rule VII H
(a) Planning Board and Planning Department recommend approval of
the Final Plat of FIRST ADDITION TO WESTSIDE REPLAT 1
located northeast of 52nd and Center Streets - see attached.
# 1399 - Over to 11/18/03
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ORDINANCES ON FINAL READING
7. Ord. to approve and execute a contract involving the payment of money from
appropriations of more than one year in accordance with Section 5.17 of the
Home Rule Charter of the City of Omaha, 1956, as amended, by and between
the City of Omaha, a municipal corporation, and Blue Cross Blue Shield of
Nebraska to provide the administrative services for the City's self-insured dental
plan for a period of thirty-six months, commencing on January 1, 2004, and
ending December 31, 2006, in accordance with the lowest and best proposal
submitted by said Blue Cross Blue Shield Company; to authorize the Finance
Director to make payments to Blue Cross Blue Shield of Nebraska in accordance
with such contract; and to provide the effective date hereof - see attached.
((PUBLIC HEARING HELD 10/21/03 - CAN BE PASSED TODAY))
CCID # 1318 - ORDINANCE # 36428 PASSED 6-0
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8. Ord. in accordance with Home Rule Charter Section 5.17 involving payment of
money from appropriations of more than one year; to renew a lease with
Westside Community Schools, School District No. 66, for Police Department
training space at the Westside Community Education Center; and to provide an
effective date immediately upon passage - see attached. ((PUBLIC HEARING
HELD 10/21/03 - CAN BE PASSED TODAY))
CCID # 1312 - ORDINANCE # 36429 PASSED 6-0
"PURSUANT TO CITY COUNCIL RULE VII D,
THE PUBLIC HEARINGS ON
AGENDA ITEM NOS. 9 THROUGH 18
SHALL BE HELD ON THE THIRD READING"
ZONING ORDINANCES ON SECOND READING
9. Ord. to rezone property located at 2422 Arbor Street from HI-Heavy Industrial
District to R4-Single Family Residential District (High-Density).
CCID # 1336 - Over to 11/4/03
10. Ord. to rezone property located northeast of 61st Avenue and Bancroft Street
from R4(35) Single Family Residential District (High-Density) to R4-Single Family
Residential District (High-Density).
CCID # 1369 - Over to 11/4/03
11. Ord. to rezone property located northeast of 61st Avenue and Bancroft Street
from R4(35) Single Family Residential District (High-Density) to R5-Urban Family
Residential District.
CCID # 1370 - Over to 11/4/03
12. Ord. to rezone property located east and south of 147th and Spencer Streets from
R6-Low-Density Multiple-Family Residential District to MU-Mixed Use District.
CCID # 1340 - Over to 11/4/03
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13. Ord. to rezone property located Southwest of 147th Street and West Maple Road
from R6-Low-Density Multiple-Family Residential District to DR-Development
Reserve District.
CCID # 1341 - Over to 11/4/03
14. Ord. to rezone property located Southwest of 147th Street and West Maple Road
from R6-Low-Density Multiple-Family Residential District to MU-Mixed Use
District.
CCID # 1342 - Over to 11/4/03
ORDINANCES ON SECOND READING
15. Ord. to approve a Development Agreement for property located Southwest of
147th Street and West Maple Road between the City of Omaha and 144 Maple,
LLC, providing site development standards; and to provide for an effective date -
see attached.
CCID # 1344 - Over to 11/4/03
16. Ord. to approve an amendment to the Land Use Element of the Master Plan for
the City of Omaha to allow continuous commercial development (without non-
office/commercial breaks); and to provide for the effective date hereof - see
attached.
CCID # 1346 - Over to 11/4/03
17. Ord. to approve a Mixed Use Development Agreement for property located
Northeast of 168th and Harrison Streets between the City of Omaha and Lanoha
Mission Development, Inc., providing site development standards; and to provide
for an effective date - see attached.
CCID # 1352 - Over to 11/4/03
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18. Ord. creating a Sewer District in the City of Omaha, for the purpose of
constructing a sanitary sewer from 108th Street eastward along Corby Street
approximately 600 feet; fixing and defining the boundaries of said District;
authorizing acquisition of the necessary right-of-way for the construction of the
improvement; authorizing the Public Works Department to design and inspect the
improvement; advertise for bids for the construction of the improvement; to
approve the financial arrangements necessary for the construction of the
improvement, to authorize the reimbursements to be paid from a specific
account; and to provide an effective date hereof- see attached.
CCID # 1374 - Over to 11/4/03
19. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described vacant property located in the Omaha Housing
Authority Lease-Purchase Infill Housing Area, an area generally defined by Pratt
Street, 16th Street, Cuming Street and 30th Street, and subsequent use as a site
for implementing the Consolidated Submission for Community Planning and
Development Programs FY 2003 Action Plan; provided that as to the specified
parcel, proceedings in eminent domain may be undertaken and completed for the
purposes of clearing title; and, providing for the effective date hereof. Funding
shall be payable from FY2003 Community Development Block Grant, Fund
12186, Organization 129146 - see attached. ((PUBLIC HEARING TODAY))
CCID # 1364 - Over to 11/4/03
20. Ord. to approve the execution of an Agreement between the City of Omaha and
the Western Heritage Society, Inc., a nonprofit corporation, for the lease of
property of the City of Omaha under the Tenth Street Viaduct for purposes of
display of historical material for a period of ten years; and to provide the effective
date hereof- see attached. ((PUBLIC HEARING TODAY))
CCID # 1378 - Over to 11/4/03
21. Ord. approving a Streetlight Contract with the Omaha Public Power District
(OPPD) involving the payment of money from appropriations of more than one
year in accordance with Section 5.17 of the Home Rule Charter of 1956, as
amended; to authorize the reimbursements to be paid from a specific account;
and to provide an effective date hereof - see attached. ((PUBLIC HEARING
TODAY))
CCID # 1382 - Over to 11/4/03
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REPORT
22. Metropolitan Entertainment & Convention Authority (A Component Unit of the
City of Omaha, Nebraska) - Financial statements for the year ended June 30,
2003 and six months ended June 30, 2002 and Independent Auditors' Report -
see attached. ((MOTION NEEDED TO RECEIVE AND PLACE ON FILE))
CCID # 1406 - Motion to receive and place on file Carried 6-0
RESOLUTIONS
23. Res. assigning Councilmembers Frank Brown, Jim Vokal and Garry Gernandt to
assess damages, if any, relative to the proposed vacation of east/west alley from
20th Street to 21st Street between Willis Street and Burdette Street - see
attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1395 - Adopt 6-0
24. Res. that the contract with Big River Trucking, for OPW 50267, being sludge
hauling contract for the City of Omaha Wastewater Treatment Plants, as
recommended by the Mayor, in the amount of $607,180.00 is hereby approved,
and the Finance Department is authorized to pay the cost of OPW 50267 from
the Missouri River Wastewater Treatment Plant Organization 116612, Sewer
Revenue Fund 21121, in the amount of $333,949.00 and from the Papillion
Creek Wastewater Treatment Plant Organization 116611, Sewer Revenue Fund
21121, in the amount of $273,231.00, year 2003 funding - see attached.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1394 - Adopt 6-0
Motion that the City Council Rules of Order be suspended
Carried 7-0
Motion to reconsider Res. # 1394 adopted 10/28/03
Carried 6-0
Motion to allow withdrawal Carried 6-0
Motion that the City Council Rules of Order be reinstated
Carried 6-0
(a) Communication from Public Works Department requesting
withdrawal.
# 1394 - From Chair on File
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25. Res. that the Purchasing Agent be authorized to issue a Purchase Order to ISCO
for the purchase of Storm Water/CSO monitoring equipment and accessories to
be utilized by the Missouri River Wastewater Treatment Plant, and the Finance
Department is authorized to pay the cost of the purchase from the Combined
Sewer Overflow and Storm Water Program Organization 116714, Sewer
Revenue Fund 21121, in the amount of $29,996.25, year 2003 funding - see
attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1393 - Adopt 6-0
26. Res. that the attached Agreement, as recommended by the Mayor, between the
City of Omaha and Heritage Research, Ltd., for a survey of historic properties in
the area generally from Hamilton Street to Leavenworth Street, Saddle Creek
Road to Happy Hollow Boulevard; and from Leavenworth Street to Center Street,
36th Street to Saddle Creek Road and National Register nomination for the
historic park and boulevard system in the amount of $41,552.00 funded by the
FY2003 historic preservation grant, is hereby approved - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1396 --Adopt 6-0
27. Res. that, as recommended by the Mayor, the attached Agreement among the
City of Omaha and Augustana Cornerstone Foundation, a Nebraska not-for-profit
Corporation, 3647 Lafayette Avenue, Omaha, Nebraska 68131, Ms. Judy L.
Walker, Executive Director, and Holy Name Housing Corporation, a Nebraska
non-profit Corporation, 3014 North 45th Street, Omaha, Nebraska, 68104, Sister
Marilyn Ross, Executive Director, authorizing a loan fund in the amount of
$225,000.00 FY 2003 Home Investment Partnerships Program (HOME) Funds
for the partial financing of new construction of five (5) single-family houses, and
the provision of deferred payment loans to assist qualified homebuyers in
purchasing those houses located in the Orchard Hill Infill Housing Target Area
bounded by Blondo Street to the north, Hamilton Street on the south, 36th Street
on the east, and 42nd Street on the west, is hereby approved. HOME funding
shall be payable from Orchard Hill Infill Housing Corporation Housing
Development Program, Fund No. 12179, Organization No. 128052 - see
attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1397 - Adopt 6-0
28. Res. that the Mayor is authorized to sign and the City Clerk to attest the
agreement between the City of Omaha and Metro Area Transit that provides
federal funds for the Missouri River Pedestrian Bridge and the Project
Management Plan for the Missouri River Pedestrian Bridge - see attached.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1350 - Adopt 6-0
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29. Res. that, as recommended by the Mayor, Jackson-Jackson & Associates, Inc.
will provide professional architectural/engineering services relating to the
addition/renovation of Omaha Fire Headquarters Building, and the attached
Architectural/Engineering Agreement is hereby approved. Funds not to exceed
$144,400.00 shall be paid from the Public Facility Bonds 1998-Fund13241,
Organization 114512, Project 0326. The funding year is 2003 - see attached.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1404 - Adopt 6-0
30. Res. approving the award of a contract to Reliant Construction for Fire Station
#40 Reroofing Project located at 2304 Fontenelle Boulevard, at a cost of
$33,425.00 from the Municipal Infrastructure Fund 12132, Organization 108013.
The funding year is 2003 - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 1405 - Adopt 7-0
31. Res. that the City of Omaha hereby supports the Encounter Omaha historical
interpretive trail located in the Central Business District, and applies for
assistance from the State of Nebraska Department of Roads, Transportation
Enhancement Program, to construct this uniquely integrated, multi-modal system
of interpretive and directional signs along a designated trail of sites related to
transportation and the development of the City of Omaha - see attached.
((PUBLIC HEARING TODAY- CAN BE ADOPTED TODAY))
Res. # 1407 - Adopt 7-0
LIQUOR
32. CLASS "C" - Gater, Inc., dba "Elbow Room", 4973 Center Street. New
application, old location. Present licensee is Morrow, Larry L., dba "Elbow
Room", 4973 Center Street - see attached. ((YOU HAVE YOUR HEARING ON
THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A
RESOLUTION EITHER TO GRANT OR DENY))
Res. # 1402 - Grant 7-0
33. CLASS "D-1" - Northern Food Sales, Inc., dba "Landing Zone", 7170 Bennington
Road. New application, new location. Property posted: 10/17/03. Notification
sent: 10/17/03 - see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
Res. # 1403 - Grant 7-0
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"PURSUANT TO CITY COUNCIL RULE VII H,
DUE TO NO MEETING BEING HELD NOVEMBER 11, 2003,
THE THIRD READING AND PUBLIC HEARINGS ON
AGENDA ITEM NOS. 34 THROUGH 36
SHALL BE HELD ON NOVEMBER 18, 2003"
ZONING ORDINANCE ON FIRST READING and Planning Board Attachment
34. Ord. to rezone property located northeast of 52nd and Center Streets from R4
Single Family Residential District (High-Density), GC-General Commercial
District, and GI-General Industrial District to MU-Mixed Use District.
CCID # 1398 - Hearing 11/18/03
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located northeast of 52nd and Center
Streets from R4, R4(35), GC, and GI to MU - see attached.
# 1398 - Over to 11/18/03
ORDINANCES ON FIRST READING
35. Ord. to approve a Mixed Use Development Agreement for property located
northeast of 52nd and Center Streets between the City of Omaha and HY-VEE,
INC., providing site development standards; and to provide for an effective date -
see attached.
CCID # 1400 - Hearing 11/18/03
36. Ord. approving a redevelopment and tax increment financing loan agreement
with Hy-Vee, Inc., 5820 Westown Parkway, West Des Moines, IA 50266, for the
acquistion of public property, vacation of a part of the east-west alley between
Hickory and Walnut Streets, the vacation of a section of Walnut Street, granting
of easements by the developer for street improvements, the relocation of a
section of a public sewer and measures necessary for the assembly of the site
for the construction of a 66,000 sq. ft. grocery store, a separate convenience
store and gas station, located between 51st Street and 52nd Street bounded by
Center Street on the south and Hickory Street on the north, and providing for an
effective date - see attached.
CCID # 1401 - Hearing 11/18/03
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EXECUTIVE SESSION
37. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
Adjourned: 2:18 P.M.
This agenda, which shall be kept continually current, shall be available
for public inspection in the Office of the City Clerk, Omaha-Douglas Civic
Center, 1819 Farnam, LC 1, Omaha, NE, during normal business hours.
All requests for sign language interpreters (signers) will require a
minimum of 48 hours advance notice. Alternative formats require a
minimum of 72 hours advance notice. Please contact Sandra L. Moses -
444-5552 if arrangements need to be made.
http://www.ci.omaha.ne.us/
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