2002-01-29j "CORRECTED"
CITY COUNCIL AGENDA FOR JANUARY 29, 2002
LEGISLATIVE CHAMBERS - 2:00 P.M.
ROLL CALL
1. City Clerk calls the roll.
Doc. # 155 - Present: Vokal, Welch, Gernandt, Kraft, Thompson,
Mr. President
Absent: Brown
Councilmember Brown enters the Legislative Chambers at 2:50 P.M.
2. Pledge of Allegiance.
3. Invocation by Councilmember Franklin T. Thompson of District No. 6.
CERTIFICATION OF PUBLICATION
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City
of Omaha on January 25, 2002, notice re: Pre-Council and Regular City Council
Meetings, January 29, 2002.
Doc. # 156 - 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.
CONDEMNATION - APPEAL
5. Martin A. Cannon, attorney representing Otis Glebe, appeals the condemnation
of wood and metal fence on the property located at 2628 "Z" Street - see
attached. ((PUBLIC HEARING TODAY - ACTION CAN BE TAKEN))
Doc. # 157 - Motion by Gernandt to DENY the appeal and forfeit the bond
Seconded by Thompson
Sub-motion by Welch to lay over 5 wks. to 3/5/02 LOST for lack of a
second
Original Motion to DENY the appeal and forfeit the bond Carried 6-0
(a) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation of wood and metal fence on property located at 2628
"Z" Street.
# 157 - From Chair on File
ZONING ORDINANCES ON FINAL READING and Planning Board Attachments
6. Ord. to rezone property located at 614 South 11th Street and 1114 Jones Street
from DS-Downtown Service District to CBD-Central Business District. ((PUBLIC
HEARING TODAY - CAN BE PASSED TODAY))
Doc. # 158 - ORDINANCE # 35825 PASSED 6-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located at 614 South 11th Street and
1114 Jones Street from DS to CBD - see attached.
# 158 - From Chair on File
7. Ord. to amend Section 1 of Ordinance No. 35111 passed January 25, 2000 for
property located Northeast of 151st and Fort Streets, and to provide the effective
date hereof. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
Doc. # 159 - ORDINANCE # 35826 PASSED 6-0
8. Ord. to amend Section 1 of Ordinance No. 35112 passed January 25, 2000 for
property located Northeast of 151 st and Fort Streets, and to provide the effective
date hereof. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
Doc. # 160 - ORDINANCE # 35827 PASSED 6-0
- 2 -
(a) Communication from the Planning Director regarding a correction to
Ordinance Nos. 35111 and 35112 approved by City Council
January 25, 2000 - see attached.
# 160 - From Chair on File
9. Ord. to amend Omaha Municipal Code Chapter 55, to delete the removal
requirement and optional fee for a new off-premises advertising sign; to require
that all non-conforming off-premises advertising signs comply with the Code by
January 1, 2017; to repeal Section 55-826 as heretofore existing; and to provide
the effective date of this Ordinance - see attached. ((PUBLIC HEARING TODAY
- CAN BE PASSED TODAY))
Doc. # 161 - ORDINANCE # 35828 PASSED 6-0
(a) Planning Board and Planning Department recommend approval of
an amendment to Chapter 55 Zoning regarding off-premises
advertising signs - see attached.
# 161 - From Chair on File
RESOLUTIONS RE: PLATS & SUBDIVISION AGREEMENTS
"PURSUANT TO CITY COUNCIL RULE VII E,
AGENDA ITEMS NO. 10 THROUGH 11
SHALL BE LAID OVER TWO WEEKS FOR
PUBLICATION AND PUBLIC HEARING"
10. Res. that the replat transmitted herewith entitled TURNER PARK ADDITION
located Southeast of Dodge Street and Turner Boulevard, is hereby approved;
and concurrently a portion of the existing plats entitled Summit Place, Summit
Place Replat No. 1, West End Addition and Bogg's and Hill's Second Addition,
and described on said replat, are hereby vacated - Inside City - see attached.
Doc. # 162 - Over 2 wks. to 2/12/02 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 TURNER PARK ADDITION located Southeast of
Dodge Street and Turner Boulevard - Inside City - see attached.
# 162 - Over to 2/12/02
- 3 -
11. Res. that the plat entitled THOMAS CREEK BUSINESS PARK located Northeast
of 97th and Ida Streets, is hereby approved and accepted - Inside City - see
attached.
Doc. # 163 - Over 2 wks. to 2/12/02 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 THOMAS CREEK BUSINESS PARK located
Northeast of 97th and Ida Streets - Inside City - see attached.
# 163 - Over to 2/12/02
* * * * * * * * * * * * * * * * •
"PURSUANT TO CITY COUNCIL RULE VII E,
AGENDA ITEMS NO. 12 THROUGH 13
SHALL BE LAID OVER FOR TWO WEEKS"
12. Res. that the Subdivision Agreement among the City of Omaha, Centaur
Development, Inc. and Thomas Creek Business Park Property Owners'
Association, 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 Thomas Creek Business Park
which will be located Northeast of 97th and Ida Streets - see attached.
Doc. # 164 - Over 2 wks. to 2/12/02 pursuant to City Council Rule VII E
13. Res. that the Subdivision Agreement between the City of Omaha and Turner
Park LLC, 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 Turner Park Addition which will be located
southeast of Dodge Street and Turner Boulevard - see attached.
Doc. # 165 - Over 2 wks. to 2/12/02 pursuant to City Council Rule VII E
* * * * * * * * * * * * * * * *
-4 -
•
ORDINANCES ON FINAL READING and Planning Board Attachments
14. Ord. to amend the Land Use and Transportation Elements of the City of Omaha
Master Plan regarding the "Major Entries to Omaha" map; and to provide for the
effective date hereof - see attached. ((PUBLIC HEARING TODAY - CAN BE
PASSED TODAY))
Doc. # 166 - ORDINANCE # 35829 PASSED 6-0
(a) Planning Board and Planning Department recommend approval of
an amendment to the Land Use and Transportation Elements of the
City of Omaha Master Plan regarding the "Major Entries to Omaha"
map - see attached.
# 166 - From Chair on File
15. Ord. to approve amendments to the Land Use, Parks and Recreation, and
Transportation Elements of the City of Omaha Master Plan; to provide a coherent
relationship between the Master Plan for the City of Omaha and the cooperative
agreement between the City of Omaha and the City of Bennington relative to
land use and transportation planning; and to provide the effective date hereof -
see attached. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
Doc. # 167 - ORDINANCE # 35830 PASSED 6-0
(a) Planning Board and Planning Department recommend approval of
amendments to the Land Use, Parks and Recreation, and
Transportation Elements of the City of Omaha Master Plan to
provide a coherent relationship between the Master Plan and the
cooperative agreement between the City of Omaha and the City of
Bennington relative to land use and transportation planning - see
attached.
# 167 - From Chair on File
16. Ordinance vacating 27th Avenue from Ellison Avenue to Himebaugh Avenue, and
providing the effective date hereof - see attached. ((PUBLIC HEARING HELD
1/15/02 - CAN BE PASSED TODAY))
Doc. # 168 - ORDINANCE # 35831 PASSED 6-0
(a) Planning Board and Planning Department recommend approval of
the vacation of 27th Avenue between Himebaugh and Ellison
Avenues - Inside City - see attached.
# 168 - From Chair on File
- 5 -
ORDINANCES ON FINAL READING
17. Ord. authorizing and providing for the issuance and sale of not to exceed Eight
Million Six Hundred Seventy Thousand Dollars ($8,670,000) Special Tax
Revenue Redevelopment Bonds, Series 2002A, and not to exceed One Million
Eight Hundred Thirty Thousand Dollars ($1,830,000) Special Tax Revenue
Redevelopment Bonds, Series 2002B, of the City of Omaha, Nebraska for the
purpose of paying all or part of the cost of the removal, relocation, construction
and installation of public improvements relating to the redevelopment of the
Project Two Plan Area, the Project Four Plan Area and the Stockyards East
Redevelopment Area; prescribing the form and detail of said Bonds; ratifying and
confirming the creation of a Community Development Agency; providing for the
annual certification of the amount of community redevelopment tax to be levied.
for each succeeding fiscal year; pledging the special tax revenues to the
payment of the principal of and interest on said Bonds as the same fall due and
to carry out all other covenants of this Ordinance; limiting the payment of said
Bonds solely to said special tax revenues; creating and establishing fund and
accounts; authorizing the sale of said bonds by negotiation; providing for
continuing disclosure; making other covenants and agreements in connection
with the foregoing and appointing a paying agent and registrar. ((PUBLIC
HEARING HELD 1/15/02 - CAN BE PASSED TODAY))
Doc. # 169 - Motion to lay over 1 wk. to 2/5/02 Carried 6-0
(a) Communication from Stanley P. Timm, Finance Director, requesting
that the ordinances authorizing $10,500,000 Special Tax Revenue
Redevelopment Bonds and $84,000,000 Special Obligation Bonds
(Riverfront Development Project) be laid over one week to 2/5/02 -
see attached.
# 169 - From Chair on File
- 6 -
•
•
18. Ord. authorizing and providing for the issuance and sale of not to exceed Fifty-
Two Million Dollars ($52,000,000) Special Obligation Bonds (Riverfront
Redevelopment Project), Series 2002A, and not to exceed Thirty-Two Million
Dollars ($32,000,000) Special Obligation Bonds (Riverfront Redevelopment
Project), Series 2002B, of the City of Omaha, Nebraska for the purpose of paying
all or part of the cost of the removal, relocation, construction and installation of
public improvements relating to the redevelopment of the former Asarco Lead
Refining Facility as Lewis and Clark Landing, and the Gallup Plan Area;
prescribing the form and detail of said Bonds; ratifying and confirming the
creation of a Community Development Agency; providing for the annual
certification of the amount of City funds encumbered for use in the same
calendar year in connection with a sewer separation project; pledging certain
cigarette tax revenues, tax allocation revenues, sewer revenues and sales tax
revenues to the payment of the principal of, premium, if any, and interest on said
Bonds as the same fall due and to carry out all other covenants of this
Ordinance, limiting the obligation to pay said Bonds solely to said cigarette tax
revenues, tax allocation revenues, sewer revenues and sales tax revenues;
creating and establishing funds and accounts; authorizing the sale of said Bonds
by negotiation; providing for continuing disclosure; making other covenants and
agreements in connection with the foregoing; and appointing a paying agent and
registrar. ((PUBLIC HEARING HELD 1/15/02 - CAN BE PASSED TODAY))
Doc. # 170 - Motion to lay over 1 wk. to 2/5/02 Carried 6-0
19. Ord. to amend Section 15-44 of the Omaha Municipal Code pertaining to
managers for liquor license holders operating as a corporation; to expand the
residency requirements for licensee managers and allow managers to live
anywhere in the State of Nebraska; to repeal the section as previously existing;
and to provide an effective date hereof - see attached. ((PUBLIC HEARING
HELD 1/15/02 - CAN BE PASSED TODAY))
Doc. # 171 - ORDINANCE # 35832 PASSED 7-0
20. Ord. to amend the Omaha Municipal Code by adding new sections 43-45 and
48-26; to require that any rental property owner or manager who receives three
or more notices of violations in any 12 month period, shall attend an eight hour
seminar on housing management conducted or approved by the police
department or the planning department; and to provide the effective date thereof
- see attached. ((PUBLIC HEARING HELD 1/15/02 - CAN BE PASSED TODAY))
Doc. # 172 - Motion to lay over 4 wks. to 2/26/02 Carried 7-0
(a) Amendment of the Whole requested by Councilmember Vokal.
((SEE FOLDERS))
# 172 - Over to 2/26/02
- 7 -
•
(b) Communication from Mark Ed Stoj, SONA President, in support of
the ordinance requiring rental property owners or managers
receiving three or more notices of violations in any 12 month period
to attend an eight hour seminar on housing management - over
from 1/15/02 - see attached.
# 172 - Over to 2/26/02
(c) Communication from Warren Weaver, Council Staff Assistant, re:
Ordinance requiring any rental property owner or manager who
receives three or more notices of violations in any 12 month period
to attend an eight hour seminar on housing management.
# 172 - Over to 2/26/02
21. Ord. approving the Loan Contract between the City of Omaha and the Nebraska
Department of Environmental Quality to finance. the construction of the
Bennington and Thomas Creek interceptor sewers; to provide for the repayment
of the loan from appropriations of more than one year, in accord with Section
5.17 of the Home Rule Charter; to provide for payments from a specific account;
and to provide the effective date hereof - see attached. ((PUBLIC HEARING
CONTINUED TO TODAY - CAN BE PASSED TODAY))
Doc. # 173 - ORDINANCE # 35833 PASSED 7-0
22. Ord. to accept the bid from J. J. MacKay Meters in the amount of $95,238.00 for
the purchase of 700 electronic parking meter mechanisms and three hand held
program units to be utilized by the Traffic Engineering Division, with an option to
purchase additional units for the years 2002, 2003 and 2004; providing for
payments 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 Agent to issue a purchase order; and to provide an effective date
hereof - see attached. ((PUBLIC HEARING HELD 1/15/02 - CAN BE PASSED
TODAY))
Doc. # 174 - ORDINANCE # 35834 PASSED 7-0
- 8 -
23. Ord. approving a redevelopment and tax increment financing loan agreement
with the Turner Park, LLC, 1045 Lincoln Mall, Suite 300, Lincoln, Nebraska, for
commercial development at the southeast corner of Turner Boulevard and Dodge
Street; and to provide for an effective date hereof - see attached. ((PUBLIC
HEARING HELD 1/15/02 - CAN BE PASSED TODAY))
Doc. # 175 - Ordinance read
Doc. # 177 - ORDINANCE # 35835 PASSED AS AMENDED 7-0
(a) Amendment requested by the Planning Department - over from
1/15/02 - see attached.
Doc. # 176 - Approve 7-0
24. Ord. authorizing the City of Omaha to accept a grant award in the amount of
$1,375,000 from the U.S. Department of Justice, Office of Community Oriented
Policing Services, COPS in Schools Grant, for the hiring of eleven (11) police
officers to be placed in local schools serving as School Resource Officer (SRO) -
see attached. ((PUBLIC HEARING HELD 1/15/02 - CAN BE PASSED TODAY))
Doc. # 178 - ORDINANCE # 35836 PASSED 7-0
25. Ord. to accept the bid from Elite Landscaping LLC, 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 provide snow removal
for W. Dale Clark Library, Abrahams Branch Library, Benson Branch Library,
Millard Branch Library, South Branch Library, Swanson Branch Library,
Washington Branch Library and Willa Cather Branch Library; to authorize the
Purchasing Division to issue a purchase order to Elite Landscaping LLC; to
authorize the reimbursements to be paid from a specific account; and to provide
an effective date - see attached. ((PUBLIC HEARING HELD 1/15/02 - CAN BE
PASSED TODAY))
Doc. # 179 - ORDINANCE # 35837 PASSED 7-0
26. Ord. to amend Ordinance No. 14303, Section 40-252 of the Omaha Municipal
Code, by an addition thereto of a new Class "B" Flammable Liquids Storage •
District, to be known as District No. B-127; and to provide the effective date
hereof (Henry Doorly Zoo, 3419 South 10th Street - 10th & Deer Park Boulevard) -
see attached. ((PUBLIC HEARING HELD 1/15/02 - CAN BE PASSED TODAY))
Doc. # 180 - ORDINANCE # 35838 PASSED 7-0
- 9 -
•
27. Special Ord. levying a special tax assessment for removing litter in accordance
with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots
in the City of Omaha, Group No: 2002-1 see attached. ((PUBLIC HEARING
HELD 1/15/02 - CAN BE PASSED TODAY))
Doc. # 181 - Ordinance read
Doc. # 183 - SPECIAL ORDINANCE #10010 PASSED AS AMENDED 7-0
(a) Amendment requested by the Parks, Recreation and Public
Property Department - see attached.
Doc. # 182 - Approve 7-0
28. Special Ord. levying a special tax assessment for cutting and clearing weeds,
grass and worthless vegetation in accordance with Sections 18-21 through 18-30
of the Omaha Municipal Code on certain lots in the City of Omaha, Group No:
2002-2 - see attached. ((PUBLIC HEARING HELD 1/15/02 - CAN BE PASSED
TODAY)) ,
Doc. # 184 - Ordinance read
Doc. # 186 - SPECIAL ORDINANCE # 10011 PASED AS AMENDED 7-0
(a) Amendment requested by the Parks, Recreation and Public
Property Department - see attached.
Doc. # 185 - Approve 7-0
29. Special Ord. levying a special tax assessment for cutting and clearing weeds,
grass and worthless vegetation in accordance with Sections 18-21 through 18-30
of the Omaha Municipal Code on certain lots in the City of Omaha, Group No:
2002-3 - see attached. ((PUBLIC HEARING HELD 1/15/02 - CAN BE PASSED
TODAY))
Doc. # 187 - Ordinance read
Doc. # 189 - SPECIAL ORDINANCE # 10012 PASED AS AMENDED 7-0
(a) Amendment requested by the Parks, Recreation and Public
Property Department - see attached.
Doc. # 188 - Approve 7-0
- 10 -
ORDINANCES ON SECOND READING
30. Ord. to amend certain portions of Special Ordinance No. 9996 levying an
assessment for demolition of condemned buildings or structures in the year
1999, by reducing the assessment on 1811 Vinton Street from $11,122.00, plus
accrued interest, to a present amount of $3,000.00; and to provide the effective
date - see attached. ((PUBLIC HEARING TODAY))
Doc. # 190 - Over to 2/5/02
31. Ord. to waive the fifteen (15) day appeal requirement in Section 43-38 of the
Omaha Municipal Code for condemned property at 4923 Chicago Street, owned
by Matt Shalhoob; to permit a condemnation appeal at a hearing to be included
on the next City Council agenda immediately following the effective date of this
Ordinance, provided that the other requirements of Section 43-38 be complied
with prior to the said next City Council hearing; and to provide the effective date
hereof- see attached. ((PUBLIC HEARING TODAY))
Doc. # 191 - Over to 2/5/02
DOUGLAS COUNTY BOARD OF COMMISSIONERS
32. Douglas County Board of Commissioners transmit their resolution re: Interlocal
Agreement between Douglas County and the City of Omaha for the development
of an information technology services commission, to be known as "DOT.comm",
etc. - see attached. ((MOTION NEEDED TO RECEIVE AND PLACE ON FILE))
Doc. # 192 - Motion to receive and place on file Carried 7-0
33. Douglas County Board of Commissioners transmit their resolution supporting an
Environmental Protection Agency Superfund designation of eastern Omaha
properties that have lead-contaminated soil, etc. - see attached. ((MOTION
NEEDED TO RECEIVE AND PLACE ON FILE))
Doc. # 193 - Motion to receive and place on file Carried 7-0
- 11 -
"PURSUANT TO CITY COUNCIL RULE VII E,
AGENDA ITEMS NO. 34 THROUGH 36
SHALL BE LAID OVER TWO WEEKS
FOR PUBLICATION AND PUBLIC HEARING"
SALVAGE DEALER BUSINESS
34. Res. that the application of A&R Salvage and Recycling, Inc. to establish a
Salvage Dealer Business at 2820 Vinton Street, Omaha, Nebraska, be and
hereby is approved and the Permits and Inspection Division is directed to issue
the necessary permit therefor, contingent upon continued compliance with all
requirements made and provided by law - see attached.
Doc. # 194 - Over 2 wks. to 2/12/02 for publication and Public Hearing
pursuant to City Council Rule VII E
SPECIAL USE PERMIT - ASSISTED LIVING
•
35. Res. that the Special Use Permit application submitted by California Housing,
LLC for permission to allow Assisted Living in an R3-Single Family Residential
District (Medium-Density), located at 3636 California Street, 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, conditions set out in Exhibit "B", 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.
Doc. # 195 - Over 2 wks. to 2/12/02 for publication and Public Hearing
pursuant to City Council Rule VII E
(a) Planning Board and Planning Department recommend approval of
the request of California Housing, LLC for a Special Use Permit to
allow Assisted Living in an R3 District located at 3636 California
Street - see attached.
# 195 - Over to 2/12/02
- 12 -
SPECIAL USE PERMIT - OUTDOOR SPORTS AND RECREATION
36. Res. that the application submitted by Michael Henery for a major amendment to
a Special Use Permit to allow Outdoor Sports and Recreation (driving range) in
an AG-Agricultural District, located Southeast of 204th.Street and West Center
Road, 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, conditions
set out in Exhibit "B", and all applicable local or state statutes, ordinances or
regulations are complied with. That the proposed major amendment 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.
Doc. # 196 - Over 2 wks. to 2/12/02 for publication and Public Hearing
pursuant to City Council Rule VII E
(a) Planning Board and Planning Department recommend approval of
a request by Michael Henery for a major amendment to a Special
Use Permit for Outdoor Sports and Recreation (driving range) in an
AG-Agricultural District located Southeast of 204th Street and West
Center Road - see attached.
# 196 - Over to 2/12/02
* * * * * * * * * * * * * * * *
RESOLUTIONS
37. Res. that the attached Logan Fontenelle East Area Redevelopment Plan,
prepared by the Omaha City Planning Department, be and hereby is approved as
the Redevelopment Plan for the redevelopment area bounded by Paul Street on
the south, Clark Street to the north, Sixteenth Street on the east, and Twentieth
Street on the west, together with adjacent street rights-of-way. Funds shall be
payable from Community Development Block Grant and Neighborhood/Economic
Development Initiative Funds - over from 1/8/02 for publication and Public
Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Doc. # 197 - Resolution read
(a) Amendment of the Whole requested by the Planning Department.
((SEE FOLDERS))
Res. # 198 - Adopt as Amended 7-0
- 13 -
•
•
38. Res. that the City Council of the City of Omaha does hereby approve a variance
to the Mixed Use area guidelines of the Land Use Element of the Omaha Master
Plan to allow the MU-Mixed Use area Southwest of 168th and Blondo Streets to
be increased to 12.14 acres - over from 1/15/02 and continue the Public Hearing
- see attached. ((PUBLIC HEARING CONTINUED TO TODAY - CAN BE
ADOPTED TODAY))
Doc. # 199 - Motion to lay over 2 wks. to 2/12/02 Carried 7-0
(a) Planning Board and Planning Department recommend approval of
a variance to the Mixed Use area guidelines of the Land Use
Element of the Omaha Master Plan to allow the MU-Mixed Use
area southwest of 168th and Blondo Streets to be increased to
12.14 acres - over from 1/15/02 - see attached.
# 199 - Over to 2/12/02
(b) Communication from John Fullenkamp, Attorney representing the
applicant, requesting that the resolution approving a variance to the
Mixed Use guidelines of the Land Use Element of the Omaha
Master Plan increasing the Mixed Use area Southwest of 168th and
Blondo Streets be laid over two weeks to February 12, 2002.
# 199 - From Chair on File
39. 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 Maggie
McCall's Sports Bar, 9523 "Q" Street, in Omaha, Nebraska - see attached.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 200 - Adopt 7-0
40. 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 Club Roxbury,
10841 "Q" Street, Suite 120, in Omaha, Nebraska - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 201 - Adopt 7-0
- 14 -
41. Res. approving the contract with McC LLC, as recommended by the Mayor, for
SP 00-29 being replacement of the bridge on the Mormon Bridge Road South of
McKinley Street in the amount of $359,648.88, the City's share estimated to be
$71,929.78, to be paid from the Bridge Maintenance Rehabilitation Organization
1442, Fund 103, Agency 140, Year 2001 funding - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 202 - Adopt 7-0
42. Res. approving the contract with R&A Construction Company, Inc., as
recommended by the Mayor, for RNCL 5850, being storm sewer construction at
28th and Ruggles Streets and 24th and Manderson Streets, to be paid from the
Sanitary Sewer Improvement Sewer Separation Organization 1490, Fund 544,
Agency 140, year 2001 funding, in the amount of $119,894.75 - see attached.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 203 - Adopt 7-0
43. Res. that the Program Agreement between the City of Omaha and the State of
Nebraska Department of Roads providing for the reconstruction and widening of
US-6 (West Dodge Road) from approximately 84th Street to the Westroads
entrance, is hereby approved; further that the Finance Department is authorized
to pay the City's estimated $3,063,005 share of the project cost from the year
2000 Street and Highway Bond Organization 1509, Agency 140, Fund 388, year
2002 funding - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED
TODAY))
Res. # 204 - Adopt 6-0
44. Res. that the Program Agreement between the City of Omaha and the State of
Nebraska Department of Roads providing for the reconstruction of Pacific Street
from Bob Boozer Road to 169th Street is hereby approved. The Finance
Department is authorized to pay the City's estimated $910,000 cost from the
2000 Street & Highway Bond Organization 1509, Agency 140, Fund 388, Year
2004 Funding - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED
TODAY))
Res. # 205 - Adopt 6-0
45. Res. that the Agreement between the City and Thiele Geotech, Inc. to provide
independent testing services for the Sewer Maintenance Division from January 1,
2002 to December 31, 2002 is hereby approved; further that the Finance
Department is authorized to pay the cost of the testing services provided under
this Agreement, not to exceed $25,000.00, from the Sanitary Sewer Improvement
Organization 1490, Agency 140, Fund 544, Year 2002 funding - see attached.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 206 -Adopt 6-0
- 15 -
•
46. Res. that Supplemental Agreement Number One to the Engineering Agreement
with HWS Consulting Group, Inc. to do additional work on the revision of the
Standard Specifications book, is hereby approved; and, further that the Finance
Department is authorized to pay the additional amount of $25,384.00 from the
year 2000 Street & Highway Bond, Organization 1509, Agency 140, Fund 388,
Year 2002 funding for those services - see attached. ((PUBLIC HEARING
TODAY - CAN BE ADOPTED TODAY))
Res. # 207 - Adopt 4-1 Yeas: Vokal, Welch, Gernandt, Sigerson
Nays: Kraft
47. Res. that the Finance Department be authorized to issue a Purchase Order to
the Omaha Public Power District for electrical work for pump stations, wells and
trash scrubbers for the Grace Street and Nicholas Street Sewer Projects in the
amount of $206,517.00. Further, that the Finance Department is authorized to
pay the cost of this electrical work from the Grace Street Ditch Sewer Outfall
Project, Fund Number 544, Agency 140, Organization 1490, Activity 4572, in the
amount of $111,837.00 and from the Omaha Convention Center/Arena Nicholas
Street Storm Sewer Phase I Fund 544, Agency 140, Organization 1491, Activity
4573, in the amount of$94,610.00 - see attached. ((PUBLIC HEARING TODAY -
CAN BE ADOPTED TODAY))
Res. # 208 - Adopt 5-0
48. Res. that Amendment No. 9 to the Engineering Services Agreement with Lamp,
Rynearson & Associates, Inc. for construction management services for
construction observation, construction staking and environmental services for the
Omaha Convention Center/Arena Nicholas Street Storm Sewer Phase I Project
is hereby approved. That the Finance Department is authorized to pay
$723,296.40 for these engineering services from the year 2002 Omaha
Convention Center/Arena Nicholas Street Storm Sewer Phase I Project Fund
544, Agency 140, Organization 1490, Activity 4573, in the amount of
$723,296.40. The City intends to issue Bonds to fund this project - see attached.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 209 - Adopt 6-0
49. Res. that the Buck's, Inc. Redevelopment Area located west of the intersection of
Center and Cedar Streets in the 5200 block of Center Street, bounded by Cedar
Street on the north, Center Street on the south, 52nd Street on the east and 55th
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 TODAY - CAN BE ADOPTED TODAY))
Res. # 210 - Adopt 5-1-1 Pass Yeas: Vokal, Welch, Gernandt, Kraft,
Sigerson Nay: Thompson Pass: Brown
- 16 -
50. Res. that the acquisition of Lot 42 of the West Bay Woods Subdivision, northwest
of 180th and F Streets, by Sanitary and Improvement District 439 of Douglas
County, Nebraska, for a public park, is hereby approved and that the total cost of
$72,000.00, including soft costs, shall become a general obligation of the District
- see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 211 - Adopt 7-0
51. Res. that, as recommended by the Mayor, the bid in the total amount of
$58,400.00 from Lawnsmith & Co., Inc. to furnish all labor, materials and
equipment necessary to complete site improvements for Towl Park, 9310 West
Center Road, including installation of a new playground, walkways, and seating
for the Parks, Recreation and Public Property Department per plans and
specifications dated January 9, 2002 is hereby accepted, and the Purchasing
Agent is authorized to issue a purchase order in conformance herewith. Funds in
this amount shall be paid from Bond Fund #391, 1996 Recreation & Culture Bond
#5, Agency 120, Organization 1295, Activity 3111 and Object 8310, year 2002
funding - see attached. ((PUBLIC HEARING TODAY- CAN BE ADOPTED TODAY))
Res. # 212 - Adopt 7-0
52. Res. that, as recommended by the Mayor, the bid in the total amount of $8,978.00
from Big Bear Equipment for one (1) Riding Sand Trap Rake for the Golf Division of
the Parks, Recreation and Public Property Department, is hereby accepted, and the
Purchasing Agent is authorized to issue a purchase order in conformance herewith.
Funds in this amount for one (1) Riding Sand Trap Rake shall be paid from the
2002 Fund 510, Agency No. 120, Organization 1252, Golf Operations, and Object
4640 Construction Maintenance - see attached. ((PUBLIC HEARING TODAY -
CAN BE ADOPTED TODAY))
Res. # 213 - Adopt 7-0
•
53. Res. that, as recommended by the Mayor, the attached contract between the City
of Omaha and the Nebraska Humane Society for the provision of animal control
services from January 1, 2002 through December 31, 2002 is hereby approved;
and, further that the Finance Director is authorized to provide payment in the
amount of $250,000 pursuant to the terms of such agreement from Omaha
Keno/Lottery Fund 120, Agency 180, Organization 1813 - see attached.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 214 - Adopt 7-0
(a) Communication from Sharon Arnold, Council Staff Assistant, re:
resolution approving a contract with the Nebraska Humane Society
to provide animal control services from January 1, 2002 through
December 31, 2002.
# 214 - From Chair on File
- 17 -
54. Res. that the purchase of one Dell Computer Poweredge 4400 Base Server for
the Omaha Fire Department, in the total amount of $9,748.60 from the State of
Nebraska bid price list, is accepted as the lowest and best price, and the
Purchasing Agent is directed to issue a Purchase Order in accordance with the
item description for the purchase of one Dell Poweredge 4400 Base Server with
accessories, said sum to be paid from the 2001 Fire Department Budget, Fund
001, Agency 131, Organization 1305, Object 4410 - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 215 - Adopt 7-0
55. Res. that, as recommended by the Mayor, the bid in the total amount of
$16,032.00 for eight (8) laptop computers from Gateway Computers is hereby
accepted and the Purchasing Agent is authorized to issue a purchase order
therefore. The Finance Department is authorized to pay the cost from General
Fund 001, Organization 020, Agency 0202, budget year 2001. ((SEE
FOLDERS)) ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 216 - Adopt 7-0
56. Res. that the appointment by Mayor Mike Fahey of Albert T. Macchietto, as a
member of the Landmark Heritage Preservation Commission, commencing upon
confirmation by the City Council and expiring three years thereafter is hereby
confirmed - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED
TODAY)) .
Res. # 217 - Adopt 7-0
57. Res. that the appointment by Mayor Mike Fahey of Dennis E. Clifton as an at-
large member of the Plumbing Board, to serve a term commencing on the date of
confirmation by the City Council and expiring April 3, 2003, is hereby confirmed -
see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 218 - Adopt 7-0
LIQUOR
58. CLASS "C" - Westboy, LLC, A Delaware limited liability company, dba
"Doubletree Hotel Omaha Downtown", 1616 Dodge Street. New application, old
location. Present licensee is Westboy, LLC, An Ohio limited liability company,
dba "Doubletree Hotel Omaha Downtown", 1616 Dodge 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. # 219 - Grant 7-0
- 18 -
59. OFF SALE BEER - HCl Hospitality Co., II, dba "Smoke Signals", 4422 Cass
Street. New application, new location. Property posted: 1/11/02. Notification
Sent: 1/18/02 - see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
Doc. # 220 - Application read
Doc. # 221 - Suspend City Council Liquor Rules Carried 7-0
Res. # 222 - Grant 6-0
Doc. # 223 - Reinstate City Council Liquor Rules Carried 6-0
(a) Petition submitted by Claire Meredith, 4415 California Street,
opposing the application of HCI Hospitality Co., II, dba "Smoke
Signals", 4422 Cass Street, for an Off Sale Beer License.
# 222 - From Chair on File
(b) Petition submitted by Stephen Zach, 4339 California Street,
opposing the application of HCI Hospitality Co. II, dba "Smoke
Signals", 4422 Cass Street, for an Off Sale Beer License.
# 222 - From Chair on File
60. Wing Enterprises, Inc., dba "Mockingbird Lanes", 4870 South 96th Street,
requests permission for a Special Designated License for a Bowling Tournament
on February 17, 2002 from 8:00 A.M. to 12:00 noon (SUNDAY EVENT) - see
attached. ((PUBLIC HEARING TODAY - CAN BE APPROVED TODAY))
Doc. # 224 - Approve contingent upon passage of the ordinance to waive
Sunday sale hours Carried 6-0
"PURSUANT TO CITY COUNCIL RULE VII D,
THE PUBLIC HEARING ON
AGENDA ITEMS NO. 61 THROUGH 62
SHALL BE HELD ON THE THIRD READING"
ZONING ORDINANCES ON FIRST READING and Planning Board Attachments
61. Ord. to rezone property located Southeast of Dodge Street and Turner Boulevard
from DS-Downtown Service District and CBD-Central Business District to
CBD-Central Business District.
Doc. # 225 - Hearing 2/12/02
- 19 -
•
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Southeast of Dodge Street
and Turner Boulevard from DS and CBD to CBD - see attached.
# 225 - Over to 2/12/02
62. Ord. to approve a Major Amendment to a Planned Unit Development Overlay
District located Southwest of 87th and Boyd Streets, to approve the Development
Plan, and to provide for an effective date - see attached.
Doc. # 226 - Hearing 2/12/02
(a) Planning Board recommends DENIAL of a Major Amendment to a
Planned Unit Development Overlay District located Southwest of
87th and Boyd Streets - see attached.
# 226 - Over to 2/12/02
(b) Planning Department recommends approval of a Major Amendment
to a Planned Unit Development Overlay District located Southwest
of 87th and Boyd Streets - see attached.
# 226 - Over to 2/12/02
* * * * * * * * * * * * * * * *
"PURSUANT TO CITY COUNCIL RULE VII C,
THE PUBLIC HEARINGS ON
AGENDA ITEMS NO. 63 THROUGH 79
SHALL BE HELD ON THE SECOND READING"
ORDINANCE ON FIRST READING and Planning Board Attachment
63. Ord. vacating the east-west alley between Dodge Street and Douglas Street from
14th Street to 15th Street in the City of Omaha and providing the effective date
hereof. ((SEE FOLDERS))
Doc. # 227 - Hearing 2/5/02
(a) Planning Board and Planning Department recommend approval of
the vacation of the east-west alley Dodge Street to Douglas Street
from 14th Street to 15th Street. ((SEE FOLDERS))
# 227 - Over to 2/5/02
- 20 -
•
ORDINANCES ON FIRST READING
64. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of constructing intersection improvements at
Saddle Creek Road and Emile Street, identified as Special Project No. 01-16;
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.
Doc. # 228 - Hearing 2/5/02
65. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of widening 72nd Street, from Interstate 80 to
Mercy Road, identified as Special Project No. 86-23C, Federal Aid Project STPC-
5037(13); 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.
Doc. # 229 - Hearing 2/5/02
66. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of constructing a sanitary interceptor sewer
along Thomas Creek, from a point 690' ± south of 101st Street (extended) and
Irvington Road to the Police/Fire Training Center, identified as SOS 5867;
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.
Doc. # 230 - Hearing 2/5/02
67. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of widening Blondo Street, from 123`d Street to
134th Street, identified as Special Project No. 94-11, Federal Aid Project STPC-
5066(5); 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.
Doc. # 231 - Hearing 2/5/02
21 -
68. Ord. to waive the provisions of Omaha Municipal Code Section 15-2 prohibiting
the sale of alcoholic liquor before 12:00 noon on Sunday; to authorize sale of
beer, wine, and distilled spirits commencing at 8:00 a.m. at Wings Enterprises,
Inc., dba "Mockingbird Lanes", 4870 South 96th Street, Omaha, Nebraska, on
Sunday, February 17, 2002; and to provide an effective date immediately upon
passage. ((SEE FOLDERS))
Doc. # 232 - Hearing 2/5/02
69. Ord. to alter the provisions of Omaha Municipal Code Section 15-2 prohibiting
the sale of alcoholic liquor before 12:00 noon on Sunday; to authorize sale of
beer, wine, and distilled spirits commencing at 6:00 a.m. on St. Patrick's Day,
Sunday, March 28, 2002; to restrict such sales to the premises of holders of
special designated licenses for that date; to establish a procedure to apply for
such special designated licenses; to require such licensees to pay an additional
$55.00 occupation tax; and to provide an effective date immediately upon
passage. ((SEE FOLDERS))
Doc. # 233 - Hearing 2/5/02
70. Ord. to amend Chapter 18 of the Omaha Municipal Code dealing with Nuisances
by adding a new section to it dealing with the maintenance of Live Cattle and
Hog Hauling Vehicles, and to provide the effective date hereof- see attached.
Doc. # 234 - Hearing 2/5/02
71. Ord. approving a contract with Western Waterproofing Company of America for
SP 01-08, being 2001 Pedestrian Overpass Rehabilitation at various locations,
involving the payment of money from appropriations of more than one year in
accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to
authorize the reimbursements to be paid from specific accounts; and to provide
an effective date hereof- see attached.
Doc. # 235 - Hearing 2/5/02
72. Ord. to accept the bid of M&A Enterprises in the amount of $22,575.00 for
grounds maintenance of West Dodge Road Right-of-Way for a period of one year
with an extension provision of one year; to authorize payment in accordance
therewith; to authorize the Purchasing Agent to issue a purchase order; and to
provide an effective date - see attached.
Doc. # 236 - Hearing 2/5/02
- 22 -
73. Ord. to accept the bid of Blade Masters Lawn & Snow in the amount of
$23,299.00 for grounds maintenance of "L" Street Right-of-Way for a period of
one year with an extension provision of one year; to authorize payment in
accordance therewith; to authorize the Purchasing Agent to issue a purchase
order; and to provide an effective date - see attached.
Doc. # 237 - Hearing 2/5/02
74. Ord. to accept the bid of Blade Masters Lawn & Snow in the amount of
$84,298.00 for grounds maintenance of Zorinsky Lake and Recreation Area for a
period of one year with an extension provision of one year; to authorize payment
in accordance therewith; to authorize the Purchasing Agent to issue a purchase
order; and to provide an effective date - see attached.
Doc. # 238 - Hearing 2/5/02
75. Ord. to waive the fifteen (15) day appeal requirement in Section 43-38 of the
Omaha Municipal Code for condemned property at 626 South 19th Street, owned
by Duane Brown; to permit a condemnation appeal at a hearing to be included on
the next City Council agenda immediately following the effective date of this
Ordinance, provided that the other requirements of Section 43-38 be complied
with prior to the said next City Council hearing; and to provide the effective date
hereof see attached.
Doc. # 239 - Hearing 2/5/02
76. Ord. to amend Ordinance No. 14303, Section 40-251 of the Omaha Municipal
Code, by an addition thereto of a new Class "B" Flammable Liquids Storage
District, to be known as District No. B-128; and to provide the effective date
hereof. (Negus-Sons Inc., 6120 North 16th Street) - see attached.
Doc. # 240 - Hearing 2/5/02
77. Special Ord. levying a special tax assessment for cutting and clearing weeds,
grass and worthless vegetation in accordance with Sections 18-21 through 18-30
of the Omaha Municipal Code on certain lots in the City of Omaha. Group No:
2002-4 - see attached.
Doc. # 241 - Hearing 2/5/02
78. Special Ord. levying a special tax assessment for cutting and clearing weeds,
grass and worthless vegetation in accordance with Sections 18-21 through 18-30
of the Omaha Municipal Code on certain lots in the City of Omaha. Group No:
2002-5 - see attached.
Doc. # 242 - Hearing 2/5/02
- 23 -
79. Special Ord. levying a special tax assessment for cutting and clearing weeds,
grass and worthless vegetation in accordance with Sections 18-21 through 18-30
of the Omaha Municipal Code on certain lots in the City of Omaha. Group No:
2002-6 - see attached.
Doc. # 243 - Hearing 2/5/02
* * * * * * * * * * * * * * * *
EXECUTIVE SESSION
80. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
Adjourned: 3:50 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.
•
Web Site: www.ci.omaha.ne.us
- 24 -
SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR JANUARY 29, 2002
LEGISLATIVE CHAMBERS -2:00 P.M. - PREPARED JANUARY 28, 2002 AT 1:00 P.M.
ADDITIONAL RESOLUTION
81. Res. that the City Council does hereby approve the engagement by the City of
Omaha of the law firm of Kutak Rock LLP to serve as bond counsel for the bond
issue or bond issues of the City for the financing or refinancing of Special Tax
Revenue Redevelopment Bonds and Special Obligation Bonds and authorizes
the City to contract with Kutak Rock LLP for the provision of such services in
accordance with the terms of its proposal to the City. - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 244 -Adopt 6-0
* * * * * * * * * * * * * * * *
•
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.
•
Web Site: www.ci.omaha.ne.us
- 25 -