2003-11-18j yL. ,
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"CORRECTED"
CITY COUNCIL AGENDA FOR NOVEMBER 18, 2003
LEGISLATIVE CHAMBERS -2:00 P.M.
ROLL CALL
1. City Clerk calls the roll.
CCID # 1445 - Present: Gernandt, Kraft, Sigerson, Thompson, Welch,
Brown, Mr. President
2. Pledge of Allegiance.
3. Invocation by Council President Jim Vokal of District No. 3.
CERTIFICATION OF PUBLICATION
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City
of Omaha on November 14, 2003, notice re: Pre-Council and Regular City
Council Meetings, November 18, 2003.
CCID # 1446 - 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.
ZONING ORDINANCES ON FINAL READING and Planning Board Attachments
5. Res. that the Hy-Vee, Inc. redevelopment area located in the 5200 block of
Center Street bounded by Hickory Street on the north, Center Street on the
south, 51 st Street on the east and 52nd Street on the west, is hereby declared a
blighted and substandard area in need of redevelopment, as recommended by
the Mayor - see attached. ((PUBLIC HEARING CONTINUED TO TODAY - CAN
BE ADOPTED TODAY))
Res. # 1387 - Adopt 6-0-1 Pass Yeas: Gernandt, Kraft, Sigerson,
Thompson, Brown, Vokal Pass: Welch
6. Res. that the attached Hy-Vee, Inc. Redevelopment Plan, prepared by the
Omaha City Planning Department, containing a provision for the division of ad
valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of
Nebraska, be and hereby is approved as the Redevelopment Plan for the Hy-
Vee, Inc. Redevelopment project area located in the 5200 block of Center Street
bounded by Center Street on the south, Hickory Street on the north, 52nd Street
on the west and 51st Street on the east - over from 10/21/03 for publication and
Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY -
CAN BE ADOPTED TODAY))
Res. # 1388 - Adopt 6-0-1 Pass Yeas: Gernandt, Kraft, Sigerson,
Thompson, Brown, Vokal Pass: Welch
7. 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. ((PUBLIC
HEARING TODAY - CAN BE PASSED TODAY))
CCID # 1398 - ORDINANCE # 36443 PASSED 6-0-1 Pass Yeas:
Gernandt, Kraft, Sigerson, Thompson, Brown, Vokal Pass: Welch
(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 - From Chair on File
(b) Protest Petition submitted in opposition to the rezoning of property
located Northeast of 52nd and Center Streets - see attached.
# 1398 - From Chair on File
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(c) Report from the Law Department declaring the protest petition filed
September 15, 2003 sufficient, and that five votes of the City
Council are required to effect the proposed zoning changes - see
attached.
# 1398 - From Chair on File
(d) Communication and pictures submitted by Carville R. Buttner
opposing the rezoning of property located northeast of 52nd and
Center Streets - see attached.
# 1398 - From Chair on File
8. 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. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
CCID # 1400 ORDINANCE # 36444 PASSED 6-0-1 Pass Yeas:
Gernandt, Kraft, Sigerson, Thompson, Brown, Vokal Pass: Welch
9. 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 - over from 10/28/03 for publication and Public
Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 1399 - Adopt 6-0-1 Pass Yeas: Gernandt, Kraft, Sigerson,
Thompson, Brown, Vokal Pass: Welch
(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 - over from 10/28/03 -
see attached.
# 1399 - From Chair on File
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10. 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. ((PUBLIC HEARING TODAY - CAN BE PASSED
TODAY))
CCID # 1401 - ORDINANCE # 36445 PASSED 6-0-1 Pass Yeas:
Gernandt, Kraft, Sigerson, Thompson, Brown, Vokal Pass: Welch
ORDINANCE ON FINAL READING
1 . Ord. to approve the Collective Bargaining Agreement between the City of Omaha
and Professional Firefighters Association of Omaha, Local No. 385, affiliated with
the International Association of Firefighters, AFL-CIO-CLC; to provide that any
ordinances of the City of Omaha any rules and regulations promulgated
thereunder which are in conflict with the provisions of the Collective Bargaining
Agreement shall not be applicable to those employees in the bargaining unit
described in Article 1, Section 1 of said Collective Bargaining Agreement; to
provide authorization for the Mayor to execute and the City Clerk to attest his
signature; and to provide the effective date hereof - see attached. ((PUBLIC
HEARING HELD AT A SPECIAL MEETING HELD 11/13/03 - CAN BE PASSED
TODAY))
CCID # 1439 - Motion by Gernandt that the Ordinance be passed
LOST for lack of a 2nd
Motion by Welch to lay over 4 wks. to 12/16/03 2nd by
Sigerson
Councilmember Sigerson withdraws his 2nd
Motion lost for lack of a 2nd
ORDINANCE # 36446 PASSED AS AMENDED 4-3
Yeas: Gernandt, Kraft, Thompson, Brown
Nays: Sigerson, Welch, Vokal
Amendment requested by the Administration - see attached.
‘./# 1439 - Approve 4-3 Yeas: Gernandt, Kraft, Thompson,
Brown Nays: Sigerson, Welch, Vokal
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24V Document submitted by the Omaha Firefighters Union Local 385.
✓ 1439 - From Chair on File
RESOLUTIONS RE: PRELIMINARY PLATS, PLATS AND SUBDIVISION AGREEMENTS
12. Res. that the replat transmitted herewith entitled J.W.S. SUBDIVISION REPLAT,
located Southwest of 69th and McKinley Streets, is hereby approved, and
concurrently a portion of the existing plat entitled J.W.S. SUBDIVISION, and
described on said replat, is hereby vacated - Outside City - see attached.
((PUBLIC HEARING TODAY- CAN BE ADOPTED TODAY))
Res. # 1488 - Adopt 6-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of J.W.S. SUBDIVISION REPLAT located Southwest
of 69th and McKinley Streets - Outside City- see attached.
# 1488 - From Chair on File
13. Res. that the Subdivision Agreement between the City of Omaha and Mark and
Judith Smith, as recommended by the Mayor, providing for the public
improvements and sewer connections to the Omaha sewer system, is hereby
approved. The Subdivision is to be known as JWS Subdivision Replat which will
be located southwest of 69th and McKinley Streets - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1490 - Adopt 6-0
14. Res. that the preliminary plat entitled SHADOW GLEN 2ND ADDITION located at
2915 North 168th Street, along with the attached conditions, is hereby accepted;
and, the preparation of the final plat of this subdivision is hereby authorized -
Outside City - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED
TODAY))
Res. # 1486 - Adopt 6-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of SHADOW GLEN 2ND ADDITION located at
2915 North 168th Street - Outside City - see attached.
# 1486 - From Chair on File
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"PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NOS. 15 THROUGH 16
SHALL BE LAID OVER TWO WEEKS
FOR PUBLICATION AND PUBLIC HEARING"
15. Res. that the preliminary plat entitled MALCOLM X MEMORIAL SITE located
Northeast of 36th Street and Bedford Avenue, along with the attached conditions,
is hereby accepted; and, the preparation of the final plat of this subdivision is
hereby authorized - Inside City - see attached.
CCID # 1480 - Over 2 wks. to 12/2/03 for publication and Public Hearing
pursuant to City Council Rule VII E
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of MALCOLM X MEMORIAL SITE located
Northeast of 36th Street and Bedford Avenue - Inside City - see
attached.
# 1480 - Over to 12/2/03
16. Res. that the plat entitled BENSON HEIGHTS REPLAT TWO located northwest
of 55th Street and Fowler Avenue, is hereby approved and accepted - Inside City
- see attached.
CCID # 1487 - Over 2 wks. to 12/2/03 for publication and Public Hearing
pursuant to City Council Rule VII E
(a) Planning Board and Planning Department recommend approval of
the Final Plat of BENSON HEIGHTS REPLAT TWO, located
northwest of 55th Street and Fowler Avenue - Inside City - see
attached.
# 1487 - Over to 12/2/03
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"PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NO. 17
SHALL BE LAID OVER TWO WEEKS"
17. Res. that the Subdivision Agreement between the City of Omaha and S.F.
Investments Corporation, LLC, as recommended by the Mayor, providing for the
public improvements, "stick built" house construction on Lots 1 and 2, and sewer
connections to the Omaha sewer system, is hereby approved. The Subdivision
is to be known as Benson Heights Replat Two which will be located Northwest of
55th Street and Fowler Avenue - see attached.
CCID # 1492 - Over 2 wks. to 12/2/03 pursuant to City Council Rule VII E
* * * * * * * * * * * * * * * *
"PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETINGS BEING HELD
NOVEMBER 25 AND DECEMBER 9, 2003,
AGENDA ITEM NOS. 18 THROUGH 19 SHALL BE
LAID OVER FOUR WEEKS TO DECEMBER 16, 2003"
18. Res. that the plat entitled AMERICAN INTERSTATE PLAZA located southwest of
160th Street and West Maple Road is hereby approved and accepted - Outside
City - see attached.
CCID # 1477 - Over 4 wks. to 12/16/03 pursuant to City Council Rule VII H
(a) Planning Board and Planning Department recommend approval of
the Final Plat of AMERICAN INTERSTATE PLAZA located Southwest
of 160th Street and West Maple Road - Outside City- see attached.
# 1477 - Over to 12/16/03
19. Res. that the Subdivision Agreement among the City of Omaha, Sanitary and
Improvement District 374 of Douglas County, Nebraska and Sweetbriar
Syndicate, as recommended by the Mayor, providing for the public
improvements, sewer connection to the Omaha Sanitary Sewer System, and
authorizing the Finance Department to refund $8,484.29 from the Papillion Creek
Interceptor Sewer Fund No. 12133, 2003 funding, is hereby approved. The
subdivision is to be known as American Interstate Plaza and is located southwest
of 160th and West Maple Road - see attached.
CCID # 1500 - Over 4 wks. to 12/16/03 pursuant to City Council Rule VII H
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PLAT AND DEDICATION
20. Plat and Dedication of a triangular strip of land northeast of Sorensen Parkway
and 56th Street - Inside City - over from 11/4/03 for publication and Public
Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE
APPROVED TODAY))
CCID # 1424 - Approve 7-0
(a) Planning Board and Planning Department recommend approval of
the Plat and Dedication of a triangular strip of land northeast of
Sorensen Parkway and 56th Street - Inside City - over from 11/4/03
- see attached.
# 1424 - From Chair on File
"PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD NOVEMBER 25, 2003,
THE THIRD READING AND PUBLIC HEARINGS
ON AGENDA ITEM NOS. 21 THROUGH 25
SHALL BE HELD ON DECEMBER 2, 2003"
ZONING ORDINANCES ON SECOND READING
21. Ord. to rezone property located at 8305 Davenport Street and 8319 Chicago
Street from R7-Medium Density Multiple Family Residential District to LO-
Limited Office District.
CCID # 1422 - Over to 12/2/03
22. Ord. to rezone property located southwest of 159th and Craig Streets from
AG-Agricultural District to DR-Development Reserve District.
CCID # 1440 - Over to 12/2/03
23. Ord. to rezone property located southwest of 159th and Craig Streets from
AG-Agricultural District to R4-Single Family Residential District (High-Density).
CCID # 1441 - Over to 12/2/03
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24. Ord. to rezone property located southwest of 159th and Craig Streets from
AG-Agricultural District to R5-Urban Family Residential District.
CCID # 1442 - Over to 12/2/03
25. Ord. to approve a Major Amendment to a Mixed Use Development Agreement for
property located Northeast of 178th and Pacific Streets between the City of
Omaha and James W. Becker, providing site development standards; and to
provide for an effective date - see attached.
CCID # 1419 - Over to 12/2/03
* * * * * * * * * * * * * * * *
"PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD NOVEMBER 25, 2003,
THE THIRD READING ON AGENDA ITEM NOS. 26 THROUGH 31
SHALL BE HELD ON DECEMBER 2, 2003"
((THE PUBLIC HEARINGS ON THESE ITEMS ARE TODAY))
ORDINANCES ON SECOND READING
26. Ord. to designate the LaCasa Pizzaria neon sign at 4432 Leavenworth Street as
a landmark pursuant to the Landmark Heritage Preservation Ordinance of the
City of Omaha - see attached. ((PUBLIC HEARING TODAY))
CCID # 1421 - Over to 12/2/03
(a) Planning Board and Planning Department recommend approval of
a request for Local Landmark designation for the LaCasa Pizzaria
neon sign located at 4432 Leavenworth Street - see attached.
# 1421 - Over to 12/2/03
(b) Communication from Rob Parolek, 2020 Omaha, in support of the
proposed Ordinance designating the LaCasa Pizzaria neon sign at
4432 Leavenworth Street a landmark.
# 1421 - Over to 12/2/03
(c) Document submitted by 2020 Omaha re: designating the neon sign
at LaCasa Pizzaria, 4432 Leavenworth Street, a landmark.
# 1421 - Over to 12/2/03
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27. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of replacing the Cole Creek culvert at Western
Avenue, identified as OPW 50008; providing that the City negotiate with the
property owners for land acquisitions, permanent easements and temporary
construction easements; providing that as to each specified parcel which cannot
be obtained by negotiation, condemnation proceedings be undertaken and
completed; and, providing for the effective date hereof - see attached. ((PUBLIC
HEARING TODAY))
CCID # 1417 - Over to 12/2/03
28. Ord. to transfer a permanent easement to Metropolitan Utilities District of Omaha
for purposes of constructing gas pipelines for service to the Burt/Izard Sewer
Station and the National Parks Service Building as part of the Gallup University
Riverfront Campus; to authorize the Mayor to execute the attached Easement
and Right-Of-Way; and to provide an effective date thereof - see attached.
((PUBLIC HEARING TODAY))
CCID # 1425 - Over to 12/2/03
29. Ord. to approve easements on land to Lyman-Richey Corporation, a Delaware
corporation for use of City park property, located northwest of 192nd and Dodge
Streets, for a shared paved road and a possible parking area for the benefit of
both the City of Omaha and Lyman-Richey; to authorize the Mayor to execute the
attached Easement Agreement; and to provide an effective date hereof - see
attached. ((PUBLIC HEARING TODAY))
CCID # 1416 - Motion to continue the Public Hearing to the 3rd reading on
12/2/03 Carried 7-0
30. Ord. to approve the exercise of the City option extending the contract with
American Building Maintenance in the annual amount of $290,628.00, involving
appropriations of more than one year as provided in 5.17 of the Home Rule
Charter, for the provision of janitorial services at the Omaha Police Department
Headquarters facility and satellite precinct stations and facilities for the period
January 1, 2004 to July 31, 2005, to authorize the Finance Department to make
payments from a specified account to American Building Maintenance for the
cost of janitorial services in accordance with the contract; and to provide an
effective date - see attached. ((PUBLIC HEARING TODAY))
CCID # 1412 - Over to 12/2/03
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31. Ord. to approve an amendment to an agreement dated August 6, 2003 between
the City of Omaha and South Sudanese Resource Center for $49,983 Enterprise
Zone funding which authorizes in kind service for the matching fund requirement;
and to provide an effective date - see attached. ((PUBLIC HEARING TODAY))
CCID # 1443 - Over to 12/2/03
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"PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NOS. 32 THROUGH 33
SHALL BE LAID OVER TWO WEEKS
FOR PUBLICATION AND PUBLIC HEARING"
AFTER-HOURS DANCE PERMITS
32. Res. that the application of Chardan Enterprises, Inc. for the renewal of an after-
hours dance permit at 610 South 14th Street be and hereby is approved - see
attached.
CCID # 1447 - Over 2 wks. to 12/2/03 for publication and Public Hearing
pursuant to City Council Rule VII E
33. Res. that the application of Bourbon Street for the renewal of an after-hours
dance permit at 10865 West Dodge Road be and hereby is approved - see
attached.
CCID # 1448 - Over 2 wks. to 12/2/03 for publication and Public Hearing
pursuant to City Council Rule VII E
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RESOLUTIONS
34. Res. to accept the Negotiator's Report of Jim Cable, made in accordance with
Necessity Ordinance No. 36278 declaring the necessity of acquiring certain
property located at 108th & Corby Streets, or interest in property, for the purpose
of widening 108th Street, from Patrick Street to Emmett Street, known as Special
Project No. 82-16, Federal Aid Project STPC-5011(6). Payment for the one
negotiated parcel of land or interest in property acquired in the amount of
$24,540.00 shall be paid from the Street and Highway Bond Organization
116167, 2000 Street and Highway Bond (2003 Funding), Fund 13175 - see
attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1493 - Adopt 7-0
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35. Res. approving the contract with R&A Construction Co., Inc., as recommended
by the Mayor, for OPW 50220, being Sanitary Sewer Relocation at West Dodge
Road from Big Papillion Creek to 117th Street, in the amount of $374,014.15, to
be paid from the Sanitary Sewer Improvement - Neighborhood Sewer
Renovation Organization 116911, Sewer Revenue Improvements Fund 21124,
year 2003 funding - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 1496 - Motion not to adopt and rebid the project LOST 2-5 Yeas:
Gernandt, Thompson Nays: Kraft, Sigerson, Welch, Brown, Vokal
Motion to Adopt 5-2 Yeas: Kraft, Sigerson, Welch, Brown, Vokal Nays:
Gernandt, Thompson
36. Res. that the Program Agreement with the Nebraska Department of Roads to
rehabilitate a bridge on Western Avenue just east of 83rd Street, over the Little
Papillion Creek, is hereby approved; further that the Finance Department is
authorized to pay the City's share of this project cost, in the amount of $57,588
from the Bridge Maintenance & Rehabilitation, Organization 116164, Fund
12131, in the year scheduled - see attached. ((PUBLIC HEARING TODAY - CAN
BE ADOPTED TODAY))
Res. # 1491 - Adopt 7-0
37. Res. that Supplement No. 2 to the Professional Services Agreement with HGM
Associates, Inc. for additional design services for "Q" Street from 156th to 172nd
Streets, is hereby approved; further that the Finance Department is authorized to
pay in the amount of $42,872.38 from the year 2000 Street and Highway Bond,
Organization 116167, Fund 13175, year 2003 expenditure, for these services -
see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1489 - Adopt 7-0
38. Res. that subject to the availability of funds, contract SC 2003-02 with
Spectracom, Inc., dba "River City Recycling", for receipt and disposal of trash
from Omaha residents, is hereby extended from January 1, 2004 through
December 31, 2004; further that the Finance Department is authorized to pay
$50,000 from the Solid Waste Collection and Disposal Organization 116321,
Fund 11111, year 2004 expenditure - see attached. ((PUBLIC HEARING TODAY
- CAN BE ADOPTED TODAY))
Res. # 1495 - Adopt 7-0
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39. Res. that the attached Contract between the Metropolitan Area Planning Agency
and the City of Omaha, setting forth that the City of Omaha, through its Planning
Department, agrees to perform planning activities which will include the
evaluation of the effects of population, housing, land use, and the developmental
trends on the City of Omaha street system, is hereby approved, and the Mayor
and City Clerk are hereby authorized to execute and attest the attached Contract.
In-kind services provided by the Planning Department or funds in the amount of
Twenty Seven Thousand, Nine Hundred Six and 00/100 Dollars ($27,906.00)
shall be paid from the Planning Department, Fund 11111 and Organization
109031 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED
TODAY))
Res. # 1449 -Adopt 7-0
40. Res. that the City accepts and the Mayor is authorized to execute the following
Supportive Housing Program Grant Agreement between the City of Omaha and
the US Department of Housing and Urban Development: NE26B201010 for the
"Youth Street Outreach Drop-In Center" project in the amount of $75,881.00 (FY
2002, Fund 12184, Organization 129033). The Mayor is authorized to approve all
revisions to this Supportive Housing Program Grant Agreement, as approved by
HUD, except that revisions involving a change in the subrecipient, a change in
the project site, or a change in the category of participants to be served shall
require the prior approval of the City Council - see attached. ((PUBLIC HEARING
TODAY- CAN BE ADOPTED TODAY))
Res. # 1498 -Adopt 7-0
41. Res. that the attached Agreement, as recommended by the Mayor, between the
City of Omaha and Youth Emergency Services, a Nebraska Non-Profit
Corporation, 3910 Harney Street, Omaha, NE 68131, for Supportive Housing
funding in the amount of $75,881.00 to be used for "Youth Street Outreach Drop-
In Center," is hereby approved. Funds in the amount of $75,881.00 shall be paid
from the Continuum of Care Supportive Housing Grant Fund NE26B201010 (FY
2002, Fund 12184, Organization 129033). The Mayor is authorized to approve all
revisions to this Supportive Housing Program Grant Agreement, as approved by
HUD, except that revisions involving a change in the subrecipient, a change in
the project site, or a change in the category of participants to be served shall
require the prior approval of the City Council - see attached. ((PUBLIC HEARING
TODAY - CAN BE ADOPTED TODAY))
Res. # 1499 - Adopt 7-0
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42. Res. that, as recommended by the Mayor, the attached Agreement between the
City of Omaha and Minority Contractors Development Organization, a Nebraska
Non-Profit Corporation (MCDO), Rev. Wilkinson M. Harper, President, 2221
North 24th Street, Omaha, Nebraska 68110, authorizing the development of a
housing project in the MCDO Target Area bounded by Dodge Street on the
south, 60th Street on the west, City Limits on the north and the Missouri River on
the east; and the provision of a $100,000.00 Loan/Grant fund to MCDO to
acquire and rehabilitate and/or construct two single family houses in the MCDO
Target Area and the marketing and selling of the houses to qualified low and
moderate income homebuyers whose annual household incomes are 80% and
below the Median Income by Family size, is hereby approved. Funds shall be
payable from FY 2003 HOME Housing Development Program, Fund No. 12179,
Organization No. 128035 - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 1474 - Adopt 7-0
43. Res. that, as recommended by the Mayor, the attached Loan Agreement between
the City of Omaha and 1st Kings Rental Properties, LLC, a Nebraska Limited
Liability Company; Members: William M. Gillespie, Lucy A. Gillespie, John J.
Malone, Sr., and Karen R. Malone, 14748 West Center Road, Suite 30, Omaha,
Nebraska 68144, to expend the remaining HOME Program funds in amount of
$9,223.00 to complete the rehabilitation of the building located at 526 North 32nd
Street, Omaha, Nebraska, 68131, into four (4) HOME-assisted rental units, be
and hereby is approved. Funds shall be payable from the FY 2002 HOME
Investment Partnerships Rental Rehabilitation Program Fund No. 112179 and
Organization No. 128033 - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 1479 - Adopt 5-1-1 Pass Yeas: Gernandt, Sigerson, Thompson,
Welch, Vokal Nay: Brown Pass: Kraft
44. Res. that the attached Supplemental Agreement to the Loan Agreement and
Grant Agreement approved by the Omaha City Council on October 8, 2002, by
Resolution No. 2317, consenting to the transfer by Larry D. Schmidt of his
interest in the real property, commonly known as 3301 North 14th Avenue, to
Larry D. Schmidt and Simone C. Juhas, for estate planning purposes be and
hereby is approved - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 1483 - Adopt 7-0
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45. Res. that the bid for public park improvements by Sanitary and Improvement
District 477, Oakmont, Northeast of 192nd and "F" Streets, in the amount of
$149,976.50 is hereby approved and that the total project cost with soft costs is
estimated to be $209,967.10 and will be a general obligation of the District - see
attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1468 - Adopt 7-0
46. Res. that, as recommended by the Mayor, The Schemmer Associates will
provide professional architectural/engineering services relating to the
addition/renovation of Washington Branch Library, and the attached
Architectural/Engineering Agreement, which is incorporated herein by this
reference, is hereby approved. Funds not to exceed $243,000.00 shall be paid
from the Library Facility Corporation Construction Fund 13511, Organization
117021, Project 0035. The funding year is 2003 - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1485 - Adopt 7-0
47. Res. that, as recommended by the Mayor, the purchase price based upon the
quote of AOI Corporation in the amount of $32,828.30, which represents
Nebraska State Contract bid pricing, for Herman Miller AO2 Systems and
Meridian Filing and Seating for the Crime Analysis Unit, is hereby approved;
further that the Finance Department of the City of Omaha is authorized to pay
$32,828.30 from the Omaha Police Department Fiscal Year 2003, Fund 12156,
Organization 130711 General Seized Assets, Account 44111 Furniture &
Fixtures - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED
TODAY))
Res. # 1484 - Adopt 6-1 Yeas: Gernandt, Sigerson, Thompson, Welch,
Brown, Vokal Nay: Kraft
48. Res. that this Council does hereby approve the application for and approves the
acceptance of the award from the Nebraska Commission on Law Enforcement
and Criminal Justice in the amount of $600,953.00 for the City of
Omaha/Douglas County collaborative application to hold juveniles accountable
for criminal offenses in the Omaha/Douglas juvenile justice system with the
project period extending from October 1, 2003 to September 30, 2004 - see
attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1461 - Adopt 7-0
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LIQUOR
49. PACKAGE - Lumphrung, Inc., dba "Grab N Go", 2410 "Q" Street. New
application, new location. Property posted: 10/10/03. Notification sent: 10/24/03
- over from 11/4/03 - see attached. ((PUBLIC HEARING HELD 11/4/03 -
MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR
DENY))
CCID # 1429 - Motion to allow the applicant to withdraw Carried 7-0
(a) Communication from Thomas Garvey, Attorney, representing
Lumphrung, Inc., dba "Grab N Go", 2410 "Q" Street, requesting
withdrawal of the application for a Package Liquor License - see
attached.
# 1429 - From Chair on File
50. Brinker Restaurant Corporation, dba "Romano's Macaroni Grill", 701 North 102nd
Street, requests permission to appoint Erin L. Eichhorst manager of their present
Class "C" Liquor License - over from 11/4/03 - see attached. ((PUBLIC HEARING
HELD 11/4/03 - CAN BE APPROVED TODAY))
CCID # 1432 - Approve 6-0
51. CLASS "C" - Absolutely Fresh Seafood Company, 1218 South 119th Street. New
application, new location. Property posted: 10/31/03. Notification sent: 11/7/03
- see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT
YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT
OR DENY))
Res. # 1450 - Application read
Motion that City Council Liquor Rules be suspended
Carried 6-0
Grant as Amended 6-0
(a) Communication from Greg Lindberg, President, Absolutely Fresh
Seafood Company, 1218 South 119th Street, requesting to amend
their application for a Class "C" Liquor License to delete the two (2)
outside areas to the south and east of the proposed licensed
premises - see attached.
# 1450 -Approve 6-0
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•
52. CLASS "C" - Dice, Inc., dba "Lennys Bar", 4928 South 26th Street. New
application, old location. Present licensee is L.P.S., Inc., dba "Lenny's", 4928
South 26th 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. # 1451 - Grant 7-0
53. CLASS "C" - Fields Enterprises, Inc., dba "Geneaux's Lounge", 5051 South 108th
Street. New application, old location. UPGRADE. Present licensee is F N D,
Inc., dba "Geneaux's Lounge", 5051 South 108th Street. Property posted:
10/29/03. Notification sent: 11/7/03 - see attached. ((YOU HAVE YOUR
HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO
ADOPT A RESOLUTION EITHER TO GRANT OR DENY))
Res. # 1452 - Grant 7-0
54. CLASS "C" - HUTTMANN, Inc., dba "Muldoon's Pub, Inc.", 12143 West Center
Road. New application, old location. Present licensee is Muldoon's Pub, Inc.,
12143 West Center Road - see attached. ((YOU HAVE YOUR HEARING ON
THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A
RESOLUTION EITHER TO GRANT OR DENY))
Res. # 1453 - Grant 7-0
55. CLASS "C" - The Observatory, Inc., dba "The Observatory Lounge", 2801 South
148th Avenue Circle. New application, old location. Present licensee is
Gfulkey's, Inc., dba "The Observatory Lounge", 2801 South 148th Avenue - see
attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR
MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR
DENY))
Res. # 1454 - Grant 7-0
56. CLASS "C" - 6820, Inc., dba "Outer Limits Lounge", 6820 South 30th Street. New
application, new location. Property posted: 10/28/03. Notification sent: 11/7/03
- see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT
YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT
OR DENY))
Res. # 1455 - Grant 7-0
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•
(a) Communication from Eduardo A. Erazo, opposing the application
for a Class "C" Liquor License to 6820, Inc., dba "Outer Limits
Lounge", 6820 South 30th Street.
# 1455 - From Chair on File
57. CLASS "C" - Sumana Hospitality, LLC, dba "Days Inn", 10909 "M" Street. New
application, old location. Present licensee is Kendall Scott Omaha, LLC, dba
"Days Hotel Carlisle", 10909 "M" 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. # 1456 - Grant 7-0
58. CLASS "J" - BPL Ent., Inc., dba "Frank's Pizzeria", 711 North 132nd Street. New
application, new location. Property posted: 10/27/03. Notification sent: 11/7/03
- see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT
YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT
OR DENY))
Res. # 1457 - Grant 7-0
59. PACKAGE - Crest Petroleum Corporation, dba "Bushy John's", 3707 Center
Street. New application, new location. Property posted: 10/28/03. Notification
sent: 11/7/03 - see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
Res. # 1458 - Grant 7-0
60. PACKAGE - Crest Petroleum Corporation, dba "Suds City Carwash", 10702 "Q"
Street. New application, new location. Property posted: 10/28/03. Notification
sent: 11/7/03 - see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
Res. # 1459 - Grant 7-0
61. Zio's Pizzeria, Inc., dba "Zio's Pizzeria", 7924 West Dodge Road, requests
permission for a change of location of their present Class "J" Liquor License to
7834 West Dodge Road - see attached. ((MOTION NEEDED TO APPROVE OR
NOT TO APPROVE))
CCID # 1460 - Approve 7-0
Motion that City Council Liquor Rules be reinstated
Carried 7-0
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"PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETINGS BEING HELD
NOVEMBER 25 AND DECEMBER 9, 2003
THE THIRD READING AND PUBLIC HEARINGS ON
AGENDA ITEM NOS. 62 THROUGH 64
SHALL BE HELD ON DECEMBER 16, 2003"
ZONING ORDINANCES ON FIRST READING and Planning Board Attachments
62. Ord. to rezone property located northeast of Sorensen Parkway and Wenninghoff
Road from DR-Development Reserve District to R4-Single Family Residential
District (High Density).
CCID # 1501 - Hearing 12/16/03
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Northeast of Sorensen
Parkway and Wenninghoff Road from DR to R4 - see attached.
# 1501 - Over to 12/16/03
63. Ord. to rezone property located southwest of 160th Street and West Maple Road
from MU-Mixed Use District and R6-Low Density Multiple Family Residential
District to MU-Mixed Use District.
CCID # 1476 - Hearing 12/16/03
(a) Planning Board and Planning Department recommend approval of
the request to rezone property located southwest of 160th Street
and West Maple Road from MU and R6 to MU - see attached.
# 1476 - Over to 12/16/03
•
64. Ord. to approve a Mixed Use Development Agreement for property located
southwest of 160th Street and West Maple Road between the City of Omaha and
Sweetbriar Syndicate providing site development and use standards; and to
provide for an effective date - see attached.
CCID # 1478 - Hearing 12/16/03
* * * * * * * * * * * * * * * *
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,
"PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD NOVEMBER 25, 2003,
THE SECOND READING AND PUBLIC HEARINGS ON
AGENDA ITEM NOS. 65 THROUGH 79
SHALL BE HELD ON DECEMBER 2, 2003"
ORDINANCE ON FIRST READING and Planning Board Attachment
65. Ord. vacating the east/west alley from 20th Street to 21st Street between Willis
Street and Burdette Street, and providing the effective date hereof - see
attached.
CCID # 1497 - Hearing 12/2/03
(a) Planning Board and Planning Department recommend approval of
a request to vacate the east/west alley from 20th to 21 st Streets,
between Willis and Burdette Streets - see attached.
# 1497 - Over to 12/2/03
ORDINANCES ON FIRST READING
66. Ord. to amend Chapter 6 of the Omaha Municipal Code entitled "Animals" in its
entirety; to delete obsolete references and reorganize the ordinances therein;
and to provide the effective date thereof- see attached.
CCID # 1482 - Hearing 12/2/03
67. Ord. to amend Sections 23-177 and 23-494 of the Omaha Municipal Code; to
approve wage and benefit changes for the Administrative and Executive
Classifications; to provide that any ordinances of the City of Omaha, and any
rules and regulations promulgated thereunder, which are in conflict with this
ordinance shall not be applicable to those employees in the employee group
Administrative and Executive Classifications; to repeal Sections 23-177 and
23-494 as heretofore existing; and to provide the effective date hereof - see
attached.
CCID # 1481 - Hearing 12/2/03
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68. Ord. approving a purchase order to Big River Trucking for OPW 50267, being
transportation of sludge cake from the Missouri River and Papillion Creek
Wastewater Treatment Plants 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 Purchasing Division to
issue a purchase order to Big River Trucking, in the amount of $607,180.00; to
authorize the reimbursements to be paid from a specific account; and to provide
an effective date hereof- see attached.
CCID # 1494 - Hearing 12/2/03
69. Ord. rescinding a redevelopment and tax increment financing loan agreement
with 9th Street Apartments, LLC, H. Michael Cutler, Managing Member,
approved March 7, 2000, by Ordinance No. 35164; and approving a
redevelopment and tax increment financing loan agreement with the 9th Street
Apartments LLC, BDBP LLC, an affiliate of Bluestone Development, Managing
Member, 11422 Miracle Hills Drive, Suite 400, Omaha, Nebraska 68154, for the
renovation of the Butternut East Building at 901 Jones Street, and providing for
an effective date - see attached.
CCID # 2109 - Hearing 12/2/03
70. Ord. approving a Redevelopment Agreement in support of tax increment
financing and Community Development Block Grant funding with the Twenty
Fourth & Hamilton Limited Liability Company, a Nebraska Limited Liability
Company located at 2221 N. 24th Street, Omaha, Nebraska, 68111 and
comprised of the following Members: Omaha Economic Development
Corporation (Managing Member) and New Community Development
Corporation, for the construction of a commercial center commonly known as
Long School Marketplace in an area generally bounded by 24th Street to the east,
Hamilton Street to the south, Seward Street to the north and 25th Street for
Phase I and extends to Franklin Street to the north for Phase II; and providing for
an effective date - see attached.
CCID # 1503 - Hearing 12/2/03
71. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described vacant properties located in the Kountze Park -
Sacred Heart Infill Housing Redevelopment Plan Area, an area generally defined
by 16th Street, Maple Street, 24th Street and Pratt Street, for acquisition, and
subsequent use as sites for implementing the Kountze Park - Sacred Heart Infill
Housing Redevelopment Plan; provided that as to each specified parcel which
cannot be obtained by negotiation, proceedings in eminent domain be
undertaken and completed; and, providing for the effective date hereof. Funding
shall be payable from the FY 2003 Community Development Block Grant, Fund
12186, Organization 129122 - see attached.
CCID # 1470 - Hearing 12/2/03
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72. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described vacant and improved properties located in the
Saratoga Place Redevelopment Plan Area, in an area generally defined by
Grand Avenue, Florence Boulevard, Larimore Avenue and 22nd Street, for
acquisition, relocation as appropriate, and subsequent use as sites for
implementing the Saratoga Place Redevelopment Plan; provided that as to each
specified parcel which cannot be obtained by negotiation, proceedings in eminent
domain be undertaken and completed; and, providing for the effective date
hereof. Funding shall be payable from FY 2003 Community Development Block
Grant, Fund 12186, Organization 129123 - see attached.
CCID # 1473 - Hearing 12/2/03
73. Ord. declaring the necessity of appropriating for use by the City of Omaha, the
necessary lands for the purpose of constructing an addition to the City of Omaha
Washington Branch Library located on the adjacent property at 2868 Ames
Avenue; provided that if the parcel that cannot be obtained by negotiation,
proceedings in eminent domain be undertaken and completed; provided that
funding will be from Fund 13511, Organization 117021; and, providing for the
effective date hereof- see attached.
CCID # 1472 - Hearing 12/2/03
74. Ord. providing for the exchange of real property owned by the City of Omaha for
like real property; to provide that notwithstanding any provisions of the Omaha
Municipal Code to the contrary, the City is authorized to execute the attached
Agreement with Jeffrey W. Gillette, 4802 Florence Boulevard, Omaha, NE 68110
to deed a portion of his real property at 4802 Florence Boulevard located on
Larimore Avenue between Florence Boulevard and 21st Street in exchange for a
portion of adjacent vacant, abandoned railroad right-of-way owned by the City of
Omaha and to provide the effective date hereof. The project account is the 2003
Community Development Block Grant, Fund No. 12186, Organization No.
129123 - see attached.
CCID # 1469 - Hearing 12/2/03
75. Ord. approving an Agreement for the sale of City-owned real property; to provide
that notwithstanding any provisions of the Omaha Municipal Code to the
contrary, the City is authorized to enter into the attached Agreement with Deacon
J. and Jill Godsey, 2219 North 20th Street, Omaha, Nebraska 68110, to convey
the real property located at 2225 North 20th Street and legally described in the
attached Exhibit "A", for the sum of One Dollar ($1.00) and to provide the
effective date hereof- see attached.
CCID # 1471 - Hearing 12/2/03
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J 1 y
7
76. Ord. providing for the sale of City-owned real property; to provide that
notwithstanding any provisions of the Omaha Municipal Code to the contrary, the
City is authorized to accept the attached Purchase Agreement of Pacific Realty
Commercial, LLC, a Nebraska Limited Liability Company, to purchase the real
property located at the southeast corner of "L" and 30th Streets and legally
described as Lot 6, Stockyards Business Park, an addition to the City of Omaha,
as surveyed, platted and recorded in Douglas County, Nebraska for the sum of
$183,000.00 and other valuable consideration and to provide the effective date
hereof. The project account is the 2003 Redevelopment Debt Service Fund,
Fund 14112 - see attached.
CCID # 1502 - Hearing 12/2/03
77. Ord. to accept the bid of Payroll Maxx Inc. in the amount of$3,140.00 for the first
year, $3,240.00 in the second year and $3,340.00 in the third year, to approve a
contract involving appropriations of more than one year as provided in 5.17 of the
Home Rule Charter, for the provision of payroll services for city sports league
officials for the period February 1, 2004 to December 31, 2006; to authorize the
Finance Department to make payments from a specified account to Payroll Maxx
Inc. for the cost of payroll services in accordance with the contract; and to
provide an effective date - see attached.
CCID # 1467 - Hearing 12/2/03
78. Ord. to accept the bid of Associated Fire Protection to approve a purchase order
for City Facility Fire Alarm System Testing of City owned facilities for calendar
years 2004 through 2008, to authorize payment from appropriations of more than
one fiscal year, in accordance with the provision of Section 5.17, Home Rule
Charter of 1956, as amended; to provide the effective date hereof- see attached.
CCID # 1475 - Hearing 12/2/03
79. Ord. to amend certain portions of Special Ordinance Nos. 9867, 9868, and 9993
levying assessments for the costs of litter removal, weed cutting, and tree
removal respectively, by removing the assessments on 5330 North 26th Street in
the amount of$1,176.00 plus accrued interest; and to provide the effective date -
see attached.
CCID # 1466 - Hearing 12/2/03
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a
CHAIRMAN OF THE BOARD OF EQUALIZATION
80. Chairman of the Board of Equalization reports approval of Plan of Assessment;
made at their regular meeting held November 4, 2003 - see attached. ((MOTION
NEEDED TO APPROVE))
CCID # 1462 - Motion to Approve Carried 7-0
EXECUTIVE SESSION
81. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
Adjourned: 3:55 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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