Loading...
2003-12-16j "CORRECTED" CITY COUNCIL AGENDA FOR DECEMBER 16, 2003 LEGISLATIVE CHAMBERS - 2:00 P.M. ROLL CALL 1. City Clerk calls the roll. CCID # 1568 - Present: Thompson, Welch, Brown, Gernandt, Kraft, Sigerson, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Dan Welch of District No. 5. CERTIFICATION OF PUBLICATION 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha on December 12, 2003, notice re: Pre-Council and Regular City Council Meetings, December 16, 2003. CCID # 1569 - 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. € , t .�. RESOLUTIONS RE: PRELIMINARY PLATS AND PLATS 11. Res. that the preliminary plat entitled THE RIDGES REPLAT 6 located southwest of 186th Street and Shadow Ridge Drive 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. # 1617 -Adopt 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of THE RIDGES REPLAT 6 located southwest of 186th Street and Shadow Ridge Drive - Outside City - see attached. # 1617 - From Chair on File 12. Res. that the replat transmitted herewith entitled THE RIDGES REPLAT 6, located southwest of 186th Street and Shadow Ridge Drive, is hereby approved, and concurrently a portion of the existing plat entitled The Ridges, and described on said replat, is hereby vacated - Outside City - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1618 - Adopt 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of THE RIDGES REPLAT 6 located southwest of 186th Street and Shadow Ridge Drive - Outside City- see attached. # 1618 - From Chair on File "PURSUANT TO CITY COUNCIL RULE VII H, DUE TO NO MEETINGS BEING HELD DECEMBER 23, 2003 AND DECEMBER 30, 2003 AGENDA ITEM NOS. 13 AND 14 SHALL BE LAID OVER THREE WEEKS TO JANUARY 6, 2004 FOR PUBLICATION AND PUBLIC HEARING" 13. Res. that the preliminary plat entitled TREESTONE, located at 12875 Deauville Drive, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized - Inside City - see attached. CCID # 1596 - Over 3 wks. to 1/6/04 for publication and Public Hearing pursuant to City Council Rule VII H -4 - V (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of TREESTONE located at 12875 Deauville Drive - Inside City- see attached. # 1596 - Over to 1/6/04 PLAT AND DEDICATION 14. Plat and Dedication of a 17' x 164.81' strip of land along the north side of Blondo Street, west of 95th Street - Inside City- see attached. CCID # 1619 - Over 3 wks. to 1/6/04 for publication and Public Hearing pursuant to City Council Rule VII H (a) Planning Board and Planning Department recommend approval of the Plat and Dedication of a 17' x 164.81' strip of land along the north side of Blondo Street, west of 95th Street - see attached. # 1619 - Over to 1/6/04 * * * * * * * * * * * * * * * * ORDINANCE ON FINAL READING and Planning Board Attachment 15. 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. ((PUBLIC HEARING HELD 12/2/03 - CAN BE PASSED TODAY)) CCID # 1497 - ORDINANCE # 36461 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of request to vacate the east/west alley from 20th to 21st Streets, between Willis and Burdette Streets - see attached. # 1497 - From Chair on File - 5 - ORDINANCES ON FINAL READING 16. 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 - over from 12/2/03 and continue the Public Hearing - see attached. ((PUBLIC HEARING CONTINUED TO TODAY - CAN BE PASSED TODAY)) • CCID # 1416 - Ordinance read ORDINANCE # 36462 PASSED AS AMENDED 7-0 (a) Amendment requested by the Parks, Recreation and Public Property Department. ((SEE FOLDERS)) # 1416 -Approve 7-0 (b) Amendment requested by Councilmember Kraft. # 1416 - Approve 7-0 17. 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. ((PUBLIC HEARING HELD 12/02/03 - CAN BE PASSED TODAY)) CCID # 1482 - Ordinance read ORDINANCE # 36463 PASSED AS AMENDED 7-0 (a) Amendment requested by Councilmember Kraft - see attached. # 1482 - Approve 7-0 (b) Amendment requested by Councilmember Kraft - see attached. # 1482 -Approve 7-0 (c) Amendment requested by Councilmember Kraft - see attached. # 1482 - Approve 7-0 - 6 - O ' (d) Amendment requested by Councilmember Vokal - see attached. # 1482 - Approve 7-0 (e) Amendment requested by Councilmember Vokal - see attached. # 1482 -Approve 7-0 (f) Amendment requested by the Nebraska Humane Society - see attached. # 1482 - Approve 7-0 (g) Amendment requested by Councilmember Sigerson. # 1482 - Approve 7-0 (h) Amendment requested by Councilmember Sigerson. # 1482 -Approve 7-0 (i) Amendment requested by Councilmember Sigerson. # 1482 -Approve 7-0 (j) Amendment requested by Councilmember Welch. # 1482 -Approve 7-0 (k) Amendment requested by Council President Vokal. # 1482 -Approve 7-0 (I) Amendment requested by Councilmember Kraft. # 1482 -Approve 7-0 (m) Amendment requested by Councilmember Kraft # 1482 -Approve 7-0 - 7 - • (n) Amendment requested by Councilmember Brown # 1482 - Approve 6-0 (o) Amendment requested by Councilmember Brown # 1482 -Approve 6-1 Yeas: Thompson, Welch, Brown, Gernandt, Sigerson, Vokal Nays: Kraft (p) Amendment requested by Councilmember Brown # 1482 - Approve 7-0 (q) Amendment requested by Councilmember Brown # 1482 -Approve 7-0 (r) Amendment requested by Councilmember Siegerson. # 1482 - Approve 7-0 (s) Communications in support of the proposed Ordinance amending Chapter 6 of the Omaha Municipal Code entitled "Animals" - over from 12/02/03. # 1482 - From Chair on File (t) Phone calls received in City Council Office re: proposed Ordinance amending Chapter 6 of the Omaha Municipal Code entitled "Animals" - over from 12/02/03. # 1482 - From Chair on File (u) Communication opposing the proposed changes to the Pet Ordinance - over from 12/02/03. # 1482 - From Chair on File (v) Communications opposing the proposed changes to the Pet Ordinance. # 1482 - From Chair on File - 8 - • (w) Communication in support of the proposed changes to the Pet Ordinance. # 1482 - From Chair on File (x) Communications opposing the proposed changes to the Pet Ordinance. # 1482 - From Chair on File (y) Phone Calls received in the City Council Office in support of the changes to the Pet Ordinance. # 1482 - From Chair on File 18. 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. ((PUBLIC HEARING HELD 12/2/03 - CAN BE PASSED TODAY)) CCID # 1481 - ORDINANCE # 36464 PASSED 6-0 (a) Document submitted by Dave Riddle, representing the Administrative & Executive Group, re: proposed Ordinance approving wage and benefit changes - over from 12/2/03 - see attached. # 1481 - From Chair on File 19. 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. ((PUBLIC HEARING HELD 12/2/03 - CAN BE PASSED TODAY)) CCID # 1494 - ORDINANCE # 36465 PASSED 6-0 - 9 - ' • 20. Ord. rescinding a redevelopment and tax increment financing loan agreement with 9th Street Apartments, LLC, H. Michael Cutler, Managing Member, approved March 7, 2002, 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 - ORDINANCE # 36466 PASSED 7-0 21. 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. ((PUBLIC HEARING HELD 12/2/03 - CAN BE PASSED TODAY)) CCID # 1503 - Ordinance read ORDINANCE # 36467 PASSED AS AMENDED 7-0 (a) Amendment requested by the Planning Department - over from 12/2/03 - see attached. # 1503 -Approve 7-0 (b) Amendment requested by the Planning Department. # 1503 -Approve 7-0 - 10 - • 22. 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. ((PUBLIC HEARING HELD 12/2/03 - CAN BE PASSED TODAY)) CCID # 1470 - ORDINANCE # 36468 PASSED 7-0 23. 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. ((PUBLIC HEARING HELD 12/2/03 - CAN BE PASSED TODAY)) CCID # 1473 - ORDINANCE # 36469 PASSED 7-0 24. 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. ((PUBLIC HEARING HELD 12/2/03 - CAN BE PASSED TODAY)) CCID # 1472 - Ordinance read ORDINANCE # 36470 PASSED AS AMENDED 6-0 (a) Amendment requested by the Law Department - over from 12/2/03 - see attached. # 1472 - Approve 6-0 - 11 - 25. 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. ((PUBLIC HEARING HELD 12/2/03 - CAN BE PASSED TODAY)) CCID # 1469 - ORDINANCE # 36471 PASSED 6-0 26. 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. ((PUBLIC HEARING HELD 12/2/03 - CAN BE PASSED TODAY)) CCID # 1471 - ORDINANCE # 36472 PASSED 6-0 27. 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. ((PUBLIC HEARING HELD 12/2/03 - CAN BE PASSED TODAY)) CCID # 1502 - ORDINANCE # 36473 PASSED 6-0 - 12 - • • • • 28. 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. ((PUBLIC HEARING HELD 12/2/03 - CAN BE PASSED TODAY)) CCID # 1467 - ORDINANCE # 36474 PASSED 6-0 29. 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. ((PUBLIC HEARING HELD 12/2/03 - CAN BE PASSED TODAY)) CCID # 1475 - ORDINANCE # 36475 PASSED 6-0 30. 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. ((PUBLIC HEARING HELD 12/2/03 - CAN BE PASSED TODAY)) CCID # 1466 - ORDINANCE # 36476 PASSED 6-0 "PURSUANT TO CITY COUNCIL RULE VII H, DUE TO NO MEETINGS BEING HELD DECEMBER 23, 2003 AND DECEMBER 30, 2003, THE THIRD READING ON AGENDA ITEM NOS. 31 THROUGH 33 SHALL BE HELD ON JANUARY 6, 2004." ((THE PUBLIC HEARINGS ON THESE ITEMS ARE TODAY)) ORDINANCE ON SECOND READING and Planning Board Attachment 31. Ord. vacating the entire north/south alley in Block 1, Pruyn's Subdivision of Hyde Park and that part of the north/south alley in Block 2, Pruyn's Subdivision of Hyde Park adjoining Lots 1 and 2, 4 through 23, and 25 and 26, generally located north of Curtis Avenue, south of Redick Avenue, east of Forest Lawn Avenue, and west of 50th Street, and providing the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) CCID # 1523 - Over to 1/6/04 pursuant to City Council Rule VII H - 13 - • (a) Planning Board and Planning Department recommend approval of a request to vacate the entire north/south alley in Block 1, Pruyn's Subdivision of Hyde Park and that part of the north/south alley in Block 2, Pruyn's Subdivision of Hyde Park adjoining Lots 1 and 2, 4 through 23 and 25 and 26, generally located north of Curtis Avenue, south of Redick Avenue, east of Forest Lawn Avenue and west of 50th Street - Inside City- see attached. # 1523 - Over to 1/6/04 ORDINANCES ON SECOND READING 32. Ord. to amend section 36-55 of the Omaha Municipal Code to prohibit the use, control or possession of any electronic or infrared light device capable of controlling the signal given by any traffic control device; to repeal section 36-55 of the Omaha Municipal Code as heretofore existing; and to provide for the effective date hereof- see attached. ((PUBLIC HEARING TODAY)) CCID # 1565 - Over to 1/6/04 pursuant to City Council Rule VII H 33. Ord. approving the acceptance of the Universal Hiring Program Grant No. 2003ULVX0027 in the amount of $3,199,518.00 from the United States Department of Justice, Office of Community Oriented Policing Services, for supplemental funding to hire twenty (20) additional, new entry-level sworn officers and eight (8) part-time officers to address crime and related problems through community policing; involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; providing for payment from a specific account; and providing the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) CCID # 1510 - Over to 1/6/04 pursuant to City Council Rule VII H - 14 - "PURSUANT TO CITY COUNCIL RULE VII H, DUE TO NO MEETINGS BEING HELD DECEMBER 23, 2003 AND DECEMBER 30, 2003, AGENDA ITEM NOS. 34 THROUGH 35 SHALL BE LAID OVER THREE WEEKS TO JANUARY 6, 2004 FOR PUBLICATION AND PUBLIC HEARING." SPECIAL USE PERMIT -AUTOMOTIVE SALES 34. Res. that the Special Use Permit application submitted by Ali A. Meahrez for permission to allow Automotive Sales, located at 1305 Northwest Radial Highway, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code - see attached. CCID # 1599 - Over 3 wks. to 1/6/04 for publication and Public Hearing pursuant to City Council Rule VII H (a) Planning Board and Planning Department recommend DENIAL of the request of Ali A. Meahrez for a Special Use Permit to allow Automotive Sales in a GC district located at 1305 Northwest Radial • Highway - see attached. # 1599 - Over to 1/6/04 AFTER-HOURS DANCE PERMIT 35. Res. that the application of Tipp-It Inc DBA "Omaha Mining Company" for the renewal of an after-hours dance permit at 1715 Leavenworth Street be and hereby is approved - see attached. CCID # 1616 - Over 3 wks. to 1/6/04 for publication and Public Hearing pursuant to City Council Rule VII H - 15 - RESOLUTIONS 36. Res. finding that the area within the City of Omaha bounded by 1-480 on the North and West, by Leavenworth, 10th and Pacific Streets on the South and by the Missouri River on the East has been previously designated by the City as a blighted and substandard area within the meaning of Section 13-1101(5), R.R.S. Neb. 1997, finding that the Omaha Performing Arts Society and its proposed project located at the northeast corner of 13th and Douglas Streets is within such area, finding that the proposed Omaha Performing Arts Society project is consistent with any City development plan for such area which has been designated as blighted and substandard and providing for an effective date - over from 12/2/03 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1564 - Adopt 6-0 37. Res. that the Amended Convention Center/Arena Redevelopment Plan as previously approved by the Omaha City Council be and hereby is amended; and that the attached Second Amendment to the Convention Center/Arena Redevelopment Plan, 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 and incorporated in and made a part of the Convention Center/Arena Redevelopment Plan area bounded on the west by North 16th Street north of 1-80, on the north by lzard Street from 11th to 16th Streets, one-half block north of Nicholas Street between 10th Street and 11 th Street and Seward Street from 10th Street to the Grace Street Sewer Outlet just east of the Omaha Recycling Facility and Fire/Rescue Training Facility. On the east, the redevelopment area is defined by the Grace Street Sewer Outlet north of Abbott Drive, Abbott Drive south to the City Dock and the western edge of the proposed ASARCO Park. The south boundary is generally defined by Dodge Street from approximately 6th Street to 10th Street, Davenport Street from 10th Street to 12th Street and 1-480 from 12th to 16th Streets. In addition to this defined area, a right-of-way associated with the existing Illinois Central and Union Pacific Railroads that are north and west of the Redevelopment Area is also included within this Redevelopment Plan. The Second Amendment is required to authorize and implement the utilization of Tax Increment Financing (TIF) with the effective date to be the date of the passage of this Second Amendment. The sole effective date for the provision of the division of ad valorem taxes in the Amended Convention Center/Arena Redevelopment Plan area shall be the date of the approval of Second Amendment to the plan. The TIF Project Plan Area is Lots 1 & 2 of UNION PACIFIC PLACE as replatted. Future.TIF projects will require amendments to the Convention Center/Arena Redevelopment Plan -over from 12/2/03 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1566 - Adopt 6-0 - 16 - • • 38. Res. that the attached contract between The Omaha Housing Authority of the City of Omaha and City of Omaha/Greater Omaha Workforce Development to assist public housing residents to become economically self-sufficient is hereby approved. Funds in the amount of $45,000 (Forty Five Thousand Dollars and No Cents) will be paid from the Resident Opportunity and Self-Sufficiency (ROSS) Grant received by OHA for the period of December 17, 2003 through September 30, 2004 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1610 - Adopt 6-0 39. Res. that the grant award in the amount of $25,000 (Twenty Five Thousand Dollars and No Cents) be awarded to the City of Omaha/Tri County Workforce Investment Board and Greater Omaha Workforce Development from the Nebraska Department of Labor for the purpose of marketing the Tri County Workforce Development System be and hereby is accepted - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1611 -Adopt 7-0 40. Res. that the attached Agreement between the City of Omaha and Safe Haven Community Center to provide SSBG/Enterprise Zone funding in the amount of $34,573.00 for its Finding ME Program is hereby approved; further that, the Finance Director is authorized to make payments in accordance with such Agreement from the Enterprise Zone Social Services Block Grant - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1634 -Adopt 7-0 41. Res. that, in accordance with the Lottery Operator's Agreement between the City of Omaha and Big Red Lottery Services, Ltd., as amended, Big Red Lottery Services is granted approval to operate a satellite keno location at Elbow Room, 4973 Center Street, in Omaha, Nebraska - see attached. ((PUBLIC HEARING TODAY- CAN BE ADOPTED TODAY)) Res. # 1595 - Adopt 7-0 42. Res. approving the contract with L.G. Roloff Construction Co., Inc., as recommended by the Mayor, for RNCL 5842, being 33`d Street and Camden Avenue Combined Sewer Renovation and RNCL 5851, being 45th Street and Jaynes Street Sewer Renovation to be paid from the Sanitary Sewer Improvement - Sewer Separation Organization 116912, Sewer Revenue Improvements Fund 21124, year 2003 funding in the amount of $1,350,568.34 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1623 - Adopt 7-0 - 17- 43. Res. that the Public Works Department recommends that the bid from Anderson Excavating for the demolition of six homes along Cole Creek, be accepted and the contract awarded; further that the Finance Department is authorized to pay $32,130.00 from the Sewer Bond Construction, Organization 116251, Fund 13116, year 2003 expenditure - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1622 - Adopt 7-0 (a) Communication from Rod Austin, Council Staff Assistant, re: Cole Creek Demolition. # 1622.- From Chair on File 44. Res. authorizing the Purchasing Agent to issue a Purchase Order to Wick's Sterling for the purchase of a 35,000 GVW truck chassis and cab with a reader and maintenance software package to be utilized by the Street Maintenance Division in the amount of $49,650.00 to be paid from the Street Maintenance Equipment Organization 116157, Street and Highway Allocation Fund 12131, year 2003 funding - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1613 - Adopt 7-0 45. Res. authorizing the Purchasing Agent to issue a Purchase Order to All Truck for the purchase of an interchange system to be utilized by the Street Maintenance Division in the amount of $44,030.00 to be paid from the Street Maintenance Equipment Organization 116157, Street and Highway Allocation Fund 12131, year 2003 funding - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1612 - Adopt 7-0 46. Res. approving the award of a contract to W. Boyd Jones Construction Co., Inc., for Fire Station 60 & 61 Modifications project located at 2929 South 129th Avenue and 11111 "I" Street, Omaha, Nebraska, at a cost of $232,000.00 from the 1998 Public Facility Bond Fund 13241, Organization 114512. The funding year is 2003 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1609 - Adopt 7-0 - 18 - • 47. Res. that the City Council of the City of Omaha recommends to the Douglas County Board of Commissioners the vacation of Girard Street from 114th Street, east about 369 feet, pursuant to Exhibit "A", a copy of which is attached hereto and made a part hereof by this reference. Further, that the City Clerk is _ authorized to file a certified copy of this Resolution in the Office of the County Clerk - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1600 -Adopt 7-0 (a) Planning Board and Planning Department recommend approval of a request to vacate Girard Street from 114th Street east about 369 feet - Outside City - see attached. # 1600 - From Chair on File 48. Res. that, as recommended by the Mayor, the attached Agreement in the amount of $750,000.00 in Neighborhood Initiative Grant funding and between the City of Omaha and New Community Development Corporation, a Nebraska Non-Profit Corporation (NCDC) located at 3147 Ames Avenue, Omaha, Nebraska 68111, Mr. Michael B. Maroney, President/CEO, authorizing the City to provide NCDC with Deferred Payment Loans and Development Subsidy Grants for construction financing of Phase I of the Long School Housing Redevelopment in the development of a minimum of fifteen (15) single-family houses, and the provision of Deferred Payment Loans to assist low and moderate income homebuyers whose annual household incomes are 80% and below the Median Income by Household Size as established annually by the U.S. Department of Housing and Urban Development, and the marketing and selling of those housing units located in the Long School Target Area bounded by Lake Street on the North, Hamilton Street on the South, 24th Street on the East, and 27th Street on the West is hereby approved. Funds in the amount of $750,000.00 shall be payable from FY 2002 Long School Redevelopment Housing Program, Fund No. 12195, Organization No. 129153 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1626 - Adopt 7-0 - 19 - 49. Res. that, as recommended by the Mayor, the attached Amendment to the Agreement between the City of Omaha and Omaha Economic Development Corporation, a Nebraska Non-profit Corporation (OEDC), regarding the development of 36 units of affordable rental housing located at 60th Street and Hartman Avenue, to change the legal description of the subject property from Lots 1 and 2, Ville De Sante Replat 3, to Lot 1, Ville De Sante Replat 3, be and hereby is approved. In addition, approval of this Resolution authorizes the Mayor to execute a Partial Deed of Reconveyance and Partial Release of Covenant, in forms similar to those attached hereto - see attached. ((PUBLIC HEARING TODAY- CAN BE ADOPTED TODAY)) Res. #1615 - Adopt 7-0 50. Res. that, as recommended by the Mayor, the attached Grant Agreement between the City of Omaha and the Hope Center, Inc., a Nebraska Not for Profit Corporation, providing an $800,000.00 Grant to Hope Center for partial financing for the construction of a roller skate center, gymnasium and additional parking space for the expanded facility, located at 2200 North 20th Street, Omaha, Nebraska in the North Omaha Neighborhood Revitalization Strategy Area in which 71% of the residents are low-and-moderate income persons, is hereby approved. Funds in the amount of $300,000.00 shall be payable from FY 2002 and $500,000.00 from FY 2003 Community Development Block Grant Public Services and Facilities Program, Fund No. 12186, Organization 129134 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1631 - Adopt 7-0 51. Res. that, as recommended by the Mayor, the attached Agreement between the City of Omaha and The Salvation Army, a corporation organized and existing pursuant to the Illinois Act Concerning Corporations, 3612 Cuming Street, Omaha, Nebraska 68131, authorizing the expenditure of $200,000.00 FY 98 HOME carryover funds allocated in the Agreement approved by the City Council on June 12, 1998, by Resolution No. 1733 and providing a December 1, 2000, _. project completion date- for the acquisition and rehabilitation of four transitional housing units to be occupied by low income households currently residing in emergency shelters for the homeless, is hereby approved. Funds in the amount of $200,000.00 shall be paid from the HOME Program Fund No. 186, Organization 5012 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1606 - Resolution read Adopt as Amended 7-0 (a) Amendment of the Whole requested by the Planning Department. # 1606 - Approve 7-0 - 20- 52. Res. that the City accepts and the Mayor is authorized to execute the following Assignment and Assumption Agreement with Consent between the City of Omaha, the Charles Drew Health Center, a Nebraska non-profit organization, 2915 Grant Street, Omaha, NE 68111, and the U. S. Department of Housing and Urban Development, assigning the City of Omaha's grant obligations for Supportive Housing Program grant NE266201005 ("Primary Health Care for the Homeless") approved on June 3, 2003 by City Council Resolution Number 694, to the Charles Drew Health Center (FY 2002, Fund 12184, Organization 129026) - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1604 - Adopt 7-0 53. Res. that the City accepts and the Mayor is authorized to execute the following Assignment and Assumption Agreement with Consent between the City of Omaha, Community Alliance Rehabilitation Services, a Nebraska non-profit organization, 4001 Leavenworth Street, Omaha, NE 68105, and the U. S. Department of Housing and Urban Development, assigning the City of Omaha's grant obligations for Supportive Housing Program grant NE266201008 ("Expanded Mobile Outreach, Referral and Case Management for Persons who are Homeless and Mentally III") approved on June 3, 2003 by City Council, Resolution Number 696, to the Community Alliance Rehabilitation Services (FY 2002, Fund 12184, Organization 129015) - see attached. ((PUBLIC HEARING TODAY- CAN BE ADOPTED TODAY)) Res. # 1639 - Adopt 7-0 54. Res. that the City accepts and the Mayor is authorized to execute the following Assignment and Assumption Agreement with Consent between the City of Omaha, Family Service, a Nebraska non-profit organization, 2101 South 42nd Street, Omaha, NE 68105, and the U. S. Department of Housing and Urban Development, assigning the City of Omaha's grant obligations for Supportive Housing Program grant NE266201002 ("Safe Haven Domestic Abuse Transitional Housing") approved on June 3, 2003 by City Council Resolution Number 698, to Family Service (FY 2002, Fund 12184, Organization 129025) - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1614 - Adopt 7-0 - 21 - 55. Res. that the City accepts and the Mayor is authorized to execute the following Assignment and Assumption Agreement with Consent between the City of Omaha, the Stephen Center, a Nebraska non-profit organization, 2701 "Q" Street, Omaha, NE 68107, and the U. S. Department of Housing and Urban Development, assigning the City of Omaha's grant obligations for Supportive Housing Program grant NE26B201001 ("Supportive Services Transitional Housing Program") approved on June 3, 2003 by City Council Resolution Number 702, to the Stephen Center (FY 2002, Fund 12184, Organization 129019) - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1636 - Adopt 7-0 56. Res. that the City accepts and the Mayor is authorized to execute the following Assignment and Assumption Agreement with Consent between the City of Omaha, The Visiting Nurse Association, a Nebraska non-profit organization, 1914 South 42nd Street, Omaha, NE 68105, and the U. S. Department of Housing and Urban Development, assigning the City of Omaha's grant obligations for Supportive Housing Program grant NE26B201009 ("Public Health Nurse Services to Men, Women & Children Residing in Homeless Shelters") approved on June 3, 2003 by City Council Resolution Number 704, to The Visiting Nurse Association (FY 2002, Fund 12184, Organization 129022) - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1637 -Adopt 7-0 57. Res. that the City accepts and the Mayor is authorized to execute the following Assignment and Assumption Agreement with Consent between the City of Omaha, the Omaha YWCA, a Nebraska non-profit organization, 222 South 29th Street, Omaha, NE 68102, and the U. S. Department of Housing and Urban Development, assigning the City of Omaha's grant obligations for Supportive Housing Program grant NE26B201004 ("Women Against Violence") approved on June 3, 2003 by City Council Resolution Number 706, to the Omaha YWCA (FY 2002, Fund 12184, Organization 129014) - see attached. ((PUBLIC HEARING TODAY- CAN BE ADOPTED TODAY)) Res. # 1638 - Adopt 7-0 - 22 - 58. Res. that the attached Agreements, as recommended by the Mayor, to provide a Target Area Special Needs Grant in the amount of $2,841.00 for the lead hazard control work at the property owned and occupied by Ryan E. Lewis and Kimberly N. Lewis, located at 3344 Fontenelle Boulevard, through the Target Area Program, Special Needs Project, in combination with a grant of $18,941.00 through the Lead-Based Paint Hazard Control Program, is hereby approved. The contract is to be awarded to Mike Royce. Funds in the total amount of $21,782.00 shall be paid, consisting of $2,841.00 from FY 2003, CDBG Single Family Target Area Rehabilitation Program, Fund No. 12186, Organization No. 129114 and $18,941.00 from Lead-Based Paint Program, Fund No. 12136, Organization No. 128013 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1629 - Adopt 7-0 59. Res. that the attached Agreements, as recommended by the Mayor, to provide a Target Area Special Needs Grant in the amount of $4,260.00 for the lead hazard control work at the property owned and occupied by Jeffrey Pflug and Sharon K. Pflug, located at 2724 Fontenelle Boulevard, through the Target Area Program, Special Needs Project, in combination with a grant of $28,400.00 through the Lead-Based Paint Hazard Control Program, is hereby approved. The contract is to be awarded to Home Renewal, LLC. Funds in the total amount of $32,660.00 shall be paid, consisting of $4,260.00 from FY 2003, CDBG Single Family Target Area Rehabilitation Program, Fund No. 12186, Organization No. 129114 and $28,400.00 from Lead-Based Paint Program, Fund No. 12136, Organization No. 128013 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1630 - Adopt 7-0 60. Res. that the attached agreements, as recommended by the Mayor, to provide a Target Area Special Needs Grant in the amount of $20,000.00 for the rehabilitation and lead hazard control work at the property owned and occupied by Jeffrey S. Staben and Gabrielle A. Staben, located at 5415 Florence Boulevard, through the Target Area Program, Special Needs Project, in combination with a grant of $19,000.00 through the Lead Based 'Paint Hazard Control Program, is hereby approved. The contract is to be awarded to Coleman Construction. Funds shall be paid from FY 2003, CDBG Single Family Target rea Rehabilitation Program, Fund No. 12186, Organization No. 129114 and from Lead-Based Paint Program, Fund No. 12136, Organization No. 128013 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1635 -Adopt 7-0 -23 - • 61. Res. that the attached Agreement, as recommended by the Mayor, to provide $53,920.00 in HOME funding, comprised of a Repayable Loan in the amount of $23,920.00 and a Deferred Payment Loan in the amount of $30,000.00 for the rehabilitation of the property owned and occupied by Jacqueline Lee Ward Headid, located at 3988 Iowa Street, in the Miller Park Neighborhood through the HOME Single Family Target Area Rehabilitation Program is hereby approved. The contract is to be awarded to Rife Construction. Funds shall be paid from FY 2003 HOME Single Family Target Area Rehabilitation Program Fund No. 12179, Organization No. 128038 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1605 - Adopt 7-0 62. Res. that the attached Agreement, as recommended by the Mayor, to provide $47,000.00 in HOME funding, comprised of a Repayable Loan in the amount of $17,000.00 and a Deferred Payment Loan in the amount of $30,000.00 for the rehabilitation of the property owned and occupied by Geneva Livingston, located at 5360 North 47th Avenue, in the Fort Redman Neighborhood through the HOME Single Family Target Area Rehabilitation Program is hereby approved. The contract is to be awarded to Coleman Construction. Funds shall be paid from FY 2003 HOME Single Family Target Area Rehabilitation Program Fund No. 12179, Organization No. 128038 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1627 - Adopt 7-0 63. Res. that the attached Agreement, as recommended by the Mayor, to provide $51,000.00 in HOME funding, comprised of a Repayable Loan in the amount of $21,000.00 and a Deferred Payment Loan in the amount of $30,000.00 for the rehabilitation of the property owned and occupied by Geraldine E. Peoples, located at 3830 Binney Street, in the Fairfax Neighborhood through the HOME Single Family Target Area Rehabilitation Program is hereby approved. The contract is to be awarded to Mike Royce Contracting. Funds shall be paid from FY 2003 HOME Single Family Target Area Rehabilitation Program Fund No. 12179, Organization No. 128038 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1628 - Adopt 7-0 - 24 - 64. Res. that the City Council approves the proposed Inter-City Boulevard Trail (Happy Hollow Trail) alignment along Happy Hollow Boulevard between Memorial Park and the Northwest Radial Highway and authorizes the preparation of construction plans and specifications and that the City Council hereby designates the attached alignment a part of the City's trail system and assumes maintenance and repair responsibilities, except snow removal, which shall remain a responsibility of the adjacent property owner - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1632 - Adopt 7-0 (a) Communication from Earl G. (Jerry) Mahoney, 6103 Burt Street, supporting the Happy Hollow Boulevard Trail compromise and future trail additions within the city - see attached. # 1632 - From Chair on File (b) Communications in support of the Inter-City Boulevard Trail (Happy Hollow Trail). # 1632 -From Chair on File (c) Communications opposing the Inter-City Boulevard Trail (Happy Hollow Trail). - # 1632 - From Chair on File (d) Document submitted by Jack Kubat in support of the Inter-City Boulevard Trail. # 1632 - From Chair on File (e) Phone Calls received in the City Council Office in support of the Inter-City Boulevard Trail. # 1632 - From Chair on File - 25 - • 65. Res. that the Mayor is authorized to sign and the City Clerk to attest, the agreement with Ciaccio Dennell Group, Inc. for professional design services for the inner-city boulevard trail, along Happy Hollow Boulevard between Memorial Park and the Northwest Radial Highway, and the attached Agreement, which is incorporated herein by this reference, is hereby approved. Funds in the amount of $31,675.37 shall be paid from Park Bond Fund 2003-13352-131621-1182 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1608 - Adopt 7-0 66. Res. that Mike Fahey, Mayor of the City of Omaha, or any acting Mayor of the City of Omaha, and Buster Brown, City Clerk of the City of Omaha, or any Deputy City Clerk of the City of Omaha, be, and they are authorized and directed to execute and attest, respectively, General Obligation Note No. 03-A of the City of Omaha in the amount of One Million Two Hundred Fifteen Thousand Dollars ($1,215,000) payable to UMB Bank, N.A., Omaha, Nebraska; the General Obligation Note to be issued December 26, 2003, and maturing December 25, 2004, with interest thereon at the rate of Two and Twenty-Two Hundredths percent (2.22%) per annum to temporarily finance the Special Assessment Fund of the City of Omaha. The General Obligation Note in the principal amount of One Million Two Hundred Fifteen Thousand Dollars ($1,215,000) and the interest thereon be payable from the Special Assessment Fund Account - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1581 - Adopt 7-0 (a) Communication from Rod Austin, Council Staff Assistant, re: Obligation Note temporarily financing the Special Assessment Fund of the City of Omaha. # 1581 - From Chair on File 67. Res. that the attached Agreement, as recommended by the Mayor, between the City of Omaha and Catholic Charities for a protective custody program and facility to be operated at Omaha Campus for Hope located at 1490 North 16th Street, for intoxicated individuals taken into protective custody by officers of the Omaha Police Department for the period from January 1 to December 31, 2004, is hereby approved. Funds in the amount of $45,000.00 will be paid in equal quarterly installments from the 2003 Omaha Keno/Lottery Fund 12118, Organization 126017 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1601 - Adopt 7-0 - 26 - • 68. Res. that, as recommended by the Mayor, the purchase contract based upon the quote of GTSI (Government Technology Services, Inc.) c/o PCS in the amount of $33,126.00, which represents Nebraska State Contract bid pricing, for hardware for the Omaha Police Department mobile data computer project, is hereby approved; further that the Finance Department of the City of Omaha is authorized to pay the cost of hardware for the laptops from Fiscal Year 2003, COPS More 2001, Fund 12153, Organization 130732 - see attached. ((PUBLIC HEARING TODAY- CAN BE ADOPTED TODAY)) Res. # 1625 -Adopt 7-0 69. Res that, as recommended by the Mayor, the purchase price based upon the quote of Racom in the amount of $75,757.66, which represents Nebraska State Contract bid pricing, for hardware and software for the Omaha Police Department Mobile Data Computer project is hereby approved; further that the Finance Department of the City of Omaha is authorized to pay the cost of the hardware and software for the laptops from the Omaha Police Department Fiscal Year 2003, COPS More 2001, Fund 12153, Organization 130732 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1624 -Adopt 7-0 70. Res. that, as recommended by the Mayor, the price based upon the quote of Portable Computer Systems, Inc. in the amount of $43,200.00, which represents Nebraska State Contract bid pricing, for a one-year extension of the service maintenance and repair agreement for the Omaha Police Department mobile data computers is hereby approved; that the Finance Department of the City of Omaha is authorized to pay the cost of the one-year service maintenance and repair agreement from the Omaha Police Department Fiscal Year 2004, General Fund 11111, Organization 113213 Information Technology, Account 42411 Maintenance Contract - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1603 -Adopt 7-0 71. Res. that the reappointment by Mayor Mike Fahey of Pat Morrissey as a member of the Park and Recreation Board to serve a term commencing December 12, 2003, and expiring December 11, 2006, is hereby confirmed - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1633 -Adopt 7-0 - 27 - 72. Res. that the appointment of Rebecca A. Valdez as a City-resident member of the Planning Board to serve a term commencing on December 24, 2003, and expiring five (5) years thereafter, be and hereby is confirmed - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1640 -Adopt 7-0 In order for the City of Omaha to receive federal funding under the Workforce Investment Act, the City Council must approve a resolution and contract by December 31, 2003. Since the City Council has no more meetings in 2003, we are declaring an emergency and suspending the rules to introduce a resolution. CCID # 1642 - Motion to suspend City Council Rules of Order Carried 7-0 Res. that, as recommended by the Mayor, the Contract between the City of Omaha, Metropolitan Community College, State Department of Labor, ConAgra Foods, Inc., and Heather Whaley for the creation of Director of the Tri-County One Stop Operator Consortium Business Plan, and which Contract is attached hereto, is hereby approved. Res. # 1642 - Adopted 7-0 Motion to reinstate City Council Rules of Order Carried 7-0 * * * * * * * * * * * * * * * * LIQUOR 73. CLASS "C" - Midnight Club, Inc., dba "The M Club", 11209 Davenport Street. New application, new location. Property posted: 12/4/03. Notification sent: 12/5/03 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Res. # 1570 - Application read Grant as Amended 7-0 (a) Communication from Scott Lautenbaugh, Attorney representing Midnight Club, Inc., dba "The M Club", 11209 Davenport Street, requesting to amend their application for a Class "C" Liquor License by correcting the street address to 11201 Davenport Street and to change the trade name to "NICO" - see attached. # 1570 - Approve 7-0 - 28 - (b) Communication from Paul J. LaPuzza, Attorney representing Midnight Club, Inc., dba "The M Club", 11209 Davenport Street, supporting the application for a Class "C" Liquor License # 1570 - From Chair on File 74. CLASS "C" - The Spotlight Club, Inc., dba "Spotlight Club", 2120 North 120th Street, Suites C1 and C2. New application, new location. Property posted: 12/4/03. Notification sent: 12/5/03 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Res. # 1571 - Grant 7-0 75. CLASS, "I" - Long Time, Inc., dba "Bebos Grill", 13110 Birch Drive. New application, old location. Present licensee is DMH, Inc., dba "Bebos", 13110 Birch Drive, Ste. 100 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Res. # 1572 - Grant 7-0 76. CLASS "D-1" - Wal-Mart Stores, Inc., dba "Wal-Mart Supercenter #1637", 6304 North 99th Street. New application, new location. Property posted: 12/3/03. Notification sent: 12/5/03 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Res. # 1573 - Grant 7-0 77. PACKAGE - RGW, Inc., dba "Tobacco Outlet", 4747 South 96th Street. New application, new location. Property posted: 12/1/03. Notification sent: 12/5/03 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Res. # 1574 - Application read Motion that the City Council Liquor Rules be suspended Carried 7-0 Grant 7-0 - 29 - 78. OFF SALE BEER - QuikTrip Corporation, dba "QuikTrip #580, 6045 "L" Street. New application, new location. Property posted: 12/1/03. Notification sent: 12/5/03 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Res. # 1575 - Grant 7-0 79. CLASS "K" - QuikTrip Corporation, dba "QuikTrip #580, 6045 "L" Street. New application, new location. Property posted: 12/1/03. Notification sent: 12/5/03 - see attached. ((YOU HAVE YOUR. HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Res. # 1576 - Grant 7-0 80. OFF SALE BEER - QuikTrip Corporation, dba "QuikTrip #587, 4424 North 72nd Street. New application, new location. Property posted: 11/14/03. Notification sent: 12/5/03 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Res. # 1577 - Grant 7-0 81. CLASS "K" - QuikTrip Corporation, dba "QuikTrip #587, 4424 North 72nd Street. New application, new location. Property posted: 11/14/03. Notification sent: 12/5/03 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Res. # 1578 - Grant 7-0 82. Doma, Inc., dba "Lo Sole Mio Restaurant", 3001 South 32nd Avenue, requests permission for an addition to their present Class "I/K" Liquor Licenses of the following; (1) main floor area approximately 30' x 56'; (2) basement area approximately 30' x 56', (3) rooftop waiting area approximately 30' x 27'; (4) walkway to rooftop area approximately 12' x 50'; and (5) if rooftop area is not approved, the fenced in sidewalk area approximately 12' x 20' to the south - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 1579 - Approve 7-0 Motion that the City Council Liquor Rules be reinstated Carried 7-0 - 30- (a) Communication from Rose M. Gunia, opposing the request for an addition of areas #3, #4, & #5 to the Class "I/K" Liquor Licenses of Doma, Inc., dba "Lo Sole Mio Restaurant", 3001 South 32nd Avenue. # 1579 - From Chair on File 83. Kwik Shop, Inc., dba "Kwik Shop #625", 10770 Fort Street, requests permission to appoint Rosa M. Boyert manager of their present Off Sale Beer License - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 1580 - Approve 7-0 "PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETINGS BEING HELD DECEMBER 23, 2003 AND DECEMBER 30, 2003, THE THIRD READING AND PUBLIC HEARING ON AGENDA ITEM NO. 84 SHALL BE HELD ON JANUARY 13, 2004" ZONING ORDINANCE ON FIRST READING and Planning Board Attachment 84. Ord. to rezone property located at 2917 "F" Street from R7-Medium Density Multiple Family Residential District and GI-General Industrial District to GI-General Industrial District . CCID # 1598 - Hearing 1/13/04 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 2917 "F" Street from R7 and GI to GI - see attached. # 1598 - Over to 1/13/04 * * * * * * * * * * * * * * * * - 31 - • • "PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETINGS BEING HELD DECEMBER 23, 2003 AND DECEMBER 30, 2003, THE SECOND READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 85 THROUGH 102 SHALL BE HELD ON JANUARY 6, 2004" ORDINANCES ON FIRST READING and Planning Board Attachments 85. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof; (Laurel Hollow and adjacent acreages) 93rd to 99th Streets, north side of Military Road - see attached. CCID # 1582 - Hearing 1/6/04 (a) Planning Board and Planning Department recommend approval of the 2004 Annexation Package with exception of the Planning Board recommending denial of the Miracle Hills Golf Course and changing the Lanoha Nursery to the commercial area only - see attached. # 1582 - Over to 1/6/04 86. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof; (Starwood) (SID 203) 96th Street to 1-680, Military Road to Blair High Road - see attached. CCID # 1583 - Hearing 1/6/04 87. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof; 10601 Military Road - see attached. CCID # 1584 - Hearing 1/6/04 - 32 - • 88. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof; (Miracle Hills Golf), Big Papillion Creek to 120th Street, Miracle Hills Drive to Blondo Street - see attached. CCID # 1585 - Hearing 1/6/04 89. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof; Northwest and southwest of 132nd and Fort Streets, 13510 to 13814 Fort Street, 4414 to 5020 North 132nd Street - see attached. CCID # 1586 - Hearing 1/6/04 90. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof; (122nd Street and West Dodge Road), 122nd to 126th Streets, West Dodge Road to Burt Street - see attached. CCID # 1587 - Hearing 1/6/04 91. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof; (West Dodge Health Campus), 156th to 163rd Streets, West Dodge Road to Cass Street - see attached. CCID # 1588 - Hearing 1/6/04 92. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof; (Northwest Park), West Branch Papillion Creek to 168th Street, West Dodge Road to Blondo Street - see attached. CCID # 1589 - Hearing 1/6/04 - 33 - . • 93. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof; (Village Pointe) (SID 448), 168th to 174th Streets, Burke Street to West Dodge Road - see attached. CCID # 1590 - Hearing 1/6/04 94. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof; (Lanoha Nursery), 188th to 192"d Streets, south side of West Center Road - see attached. CCID # 1591 - Hearing 1/6/04 95. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof; (Walnut Grove) (SID 433), 152nd to 156th Streets, "Q" to "L" Streets - see attached. CCID # 1592 - Hearing 1/6/04 96. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof; (Horizon West) (SID 306), 155th Street to Bob Boozer Drive, West Center Road to Walnut Street - see attached. CCID # 1593 - Hearing 1/6/04 97. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof; (Lakeside Hills) (SID 381), 168th to 177th Streets, West Center Road to Frances Street - see attached. CCID # 1594 - Hearing 1/6/04 98. Ord. to designate the Dodge Street Pedestrian Overpass, spanning Dodge Street west of Happy Hollow Boulevard, as a landmark pursuant to the Landmark Heritage Preservation Ordinance of the City of Omaha - see attached. CCID # 1597 - Hearing 1/6/04 - 34 - • (a) Planning Board and Planning Department recommend approval of request for Local Landmark designation for the Dodge Street Pedestrian Overpass located over Dodge Street west of Happy Hollow Boulevard - see attached. # 1597 - Over to 1/6/04 (b) Communication from Rod Austin, Council Staff Assistant, re: proposed Ordinance designating the Dodge Street Pedestrian Overpass a landmark. # 1597 - Over to 1/6/04 ORDINANCES ON FIRST READING 99. Ord. awarding a Contract to B & W Company, Inc. for a Machine Street Sweeping contract for the period of 2004 through 2008; to provide payments involving appropriations of more than one fiscal year in accord with the provisions of Section 5.17 of the Home Rule Charter of 1956, as amended; to provide payments from a specific account; and to provide the effective date hereof - see attached. CCID # 1620 - Hearing 1/6/04 _ 100. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described vacant properties 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 sites for implementing the Consolidated Submission for Community Planning and Development Programs FY 2003 Action Plan; provided that as to each specified parcel which cannot be obtained by negotiation, proceedings in eminent domain may be undertaken and completed; and, providing for the effective date hereof. Funding shall be payable from FY2003 Community Development Block Grant, Fund 12186, Organization 129146 - see attached. CCID # 1607 - Hearing 1/6/04 101. Ord. to amend Section 20-97 of the Omaha Municipal Code regulating caretaker neglect; to add a subsection concerning juvenile fire starters; to repeal the section as previously existing; and to provide for an effective date - see attached. CCID # 1602 - Hearing 1/6/04 - 35 - 102. Ord. to amend Section 26-45 of the Omaha Municipal Code to provide, in conformance with state law, for the vacation of minimal secondary right-of-way without petition and without convening any committee for the purpose of determining damages under stated limiting conditions; to repeal Section 26-45 of the Omaha Municipal Code as heretofore existing; and providing for the effective date hereof- see attached. CCID # 1621 - Hearing 1/6/04 CHAIRMAN OF THE BOARD OF EQUALIZATION 103. Chairman of the Board of Equalization reports approval of Plans of Assessment with adjustments and corrections, made at their regular meeting held December 2, 2003. ((MOTION NEEDED TO APPROVE)) CCID # 1641 - Motion to approve Carried 7-0 EXECUTIVE SESSION 104. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. Adjourned: 4:33 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/ - 36 -