2008-04-22j13TH REGULAR OMAHA CITY COUNCIL MEETING
APRIL 22, 2008
THE CITY COUNCIL met in Regular Session on Tuesday, April 22, 2008, at 2:00
o’clock P.M. in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha,
Nebraska and was Called to Order by Council President Dan Welch.
ROLL CALL
1. City Clerk calls the roll.
CCID # 553 – Present: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson,
Mr. President
2. Pledge of Allegiance.
3. Invocation by Council President Dan Welch of District No. 5.
CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City
of Omaha on April 18, 2008, notice re: Pre-Council and Regular City Council
Meetings, April 22, 2008.
CCID # 554 – From Chair on File
A current copy of the Open Meeting Act is posted in a white binder on the east
wall of the Legislative Chambers.
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 OPPONENT'S 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.
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ZONING ORDINANCES ON FINAL READING and Planning Board Attachments
5. Ord. to rezone property located at 4502 Center Street from R4(35)-Single Family
Residential District (High Density) to LO-Limited Office District. ((PUBLIC
HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 498 – April 8 and April 15 Meetings)
Notice of public hearing on April 22, 2008 published in the Daily Record on
April 11, 2008. Ordinance passed April 22, 2008 published in the Daily
Record on April 30, 2008.
CCID # 498 – Motion by Vokal that the Ordinance NOT be passed
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Motion Carried 7-0
(a) Planning Board and Planning Department recommend DENIAL of
the rezoning of property located at 4502 Center Street from R4(35)
to LO – see attached.
(See Doc. # 498 – April 8 Meeting)
# 498 – From Chair on File
6. Ord. to rezone property located at 6130 and 6134 “N” Street from
DR-Development Reserve District and GI-General Industrial District to
GI-General Industrial District, portions of which property lie within the flood fringe.
((PUBLIC HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 499 – April 8 and April 15 Meetings)
Notice of public hearing on April 22, 2008 published in the Daily Record on
April 11, 2008. Ordinance passed April 22, 2008 published in the Daily
Record on April 30, 2008.
CCID # 499 – Motion by Gernandt that the Ordinance be passed
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
ORDINANCE # 38072 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
the rezoning of property located at 6130 and 6134 “N” Street from
DR and GI to GI, portions of which property lie within the flood
fringe – see attached.
(See Doc. # 499 – April 8 Meeting)
# 499 – From Chair on File
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7. Ord. to rezone property located Northeast of 80th Street and West Dodge Road
from CC-Community Commercial District to MU-Mixed Use District. ((PUBLIC
HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 495 – April 8 and April 15 Meetings)
Notice of public hearing on April 22, 2008 published in the Daily Record on
April 11, 2008. Ordinance passed April 22, 2008 published in the Daily
Record on April 30, 2008.
Ken Bunger, 8716 West Dodge Road, appeared and spoke.
CCID # 495 – Motion by Thompson that the Ordinance be passed
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
ORDINANCE #38073 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Northeast of 80th Street and
West Dodge Road from CC to MU – see attached.
(See Doc. # 495 – April 8 Meeting)
# 495 – From Chair on File
8. Ord. to approve a Mixed Use Development Agreement for property located
Northeast of 80th Street and West Dodge Road between the City of Omaha and
Beverly Towers, LLC, providing site development standards; and to provide for
an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE
PASSED TODAY))
(See Doc. # 497 – April 8 and April 15 Meetings)
Notice of public hearing on April 22, 2008 published in the Daily Record on
April 11, 2008. Ordinance passed April 22, 2008 published in the Daily
Record on April 30, 2008.
Ken Bunger, 8716 West Dodge Road, appeared and spoke.
CCID # 497 – Motion by Thompson that the Ordinance be passed
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
ORDINANCE #38074 PASSED 7-0
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9. Res. that the replat transmitted herewith, entitled TOWER PLAZA REPLAT 9,
located Northeast of 80th Street and West Dodge Road, is hereby approved, and
concurrently a portion of the existing plat entitled Tower Plaza, and described on
said replat, is hereby vacated – Inside City – over from 4/8/08 for publication and
Public Hearing – had publication – see attached ((PUBLIC HEARING TODAY –
CAN BE ADOPTED TODAY))
(See Doc. # 496 – April 8 Meeting)
Ken Bunger, 8716 West Dodge Road, appeared and spoke.
Motion by Thompson that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Res. # 496 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of TOWER PLAZA REPLAT 9 located Northeast of
80th Street and West Dodge Road – Inside City – over from 4/8/08 -
see attached.
(See Doc. # 496 – April 8 Meeting)
# 496 – From Chair on File
10. Ord. to rezone property located Southwest of 108th Street and Rainwood Road
from AG-Agricultural District to MU-Mixed Use District. ((PUBLIC HEARING
TODAY – CAN BE PASSED TODAY))
(See Doc. # 501 – April 8 and April 15 Meetings)
Notice of public hearing on April 22, 2008 published in the Daily Record on
April 11, 2008. Ordinance passed April 22, 2008 published in the Daily
Record on April 30, 2008.
Doug Kellner, 10836 Old Mill Road, representing the owner, appeared and
spoke.
CCID # 501 – Motion by Suttle that the Ordinance be passed
Seconded by Welch
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
ORDINANCE #38075 PASSED 7-0
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11. Ord. to rezone property located Southwest of 108th Street and Rainwood Road
from AG-Agricultural District to GI-General Industrial District. ((PUBLIC
HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 502 – April 8 and April 15 Meetings)
Notice of public hearing on April 22, 2008 published in the Daily Record on
April 11, 2008. Ordinance passed April 22, 2008 published in the Daily
Record on April 30, 2008.
Doug Kellner, 10836 Old Mill Road, representing the owner, appeared and
spoke.
CCID # 502 – Motion by Suttle that the Ordinance be passed
Seconded by Welch
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
ORDINANCE #38076 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
rezoning of property located Southwest of 108th Street and
Rainwood Road from AG to MU and GI – see attached.
(See Doc. # 502 – April 8 Meeting)
# 502 – From Chair on File
12. Ord. to approve a Major Development Overlay District Development Agreement
for property located Southwest of 108th Street and Rainwood Road between the
City of Omaha and Rainwood Pointe LLC, providing site development standards;
and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY
– CAN BE PASSED TODAY))
(See Doc. # 500 – April 8 and April 15 Meetings)
Notice of public hearing on April 22, 2008 published in the Daily Record on
April 11, 2008. Ordinance passed April 22, 2008 published in the Daily
Record on April 30, 2008.
Doug Kellner, 10836 Old Mill Road, representing the owner, appeared and
spoke.
CCID # 500 – Motion by Suttle that the Ordinance be passed
Seconded by Welch
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
ORDINANCE #38077 PASSED 7-0
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(a) Planning Board and Planning Department recommend approval of
a MD-Major Development Overlay District for property located
Southwest of 108th Street and Rainwood Road – see attached.
(See Doc. # 500 – April 8 Meeting)
# 500 – From Chair on File
13. Ord. to approve a Mixed Use Development Agreement for property located
Southwest of 108th Street and Rainwood Road between the City of Omaha and
Rainwood Pointe LLC, providing site development standards; and to provide for
an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE
PASSED TODAY))
(See Doc. # 506 – April 8 and April 15 Meetings)
Notice of public hearing on April 22, 2008 published in the Daily Record on
April 11, 2008. Ordinance passed April 22, 2008 published in the Daily
Record on April 30, 2008.
Doug Kellner, 10836 Old Mill Road, representing the owner, appeared and
spoke.
CCID # 506 – Motion by Suttle that the Ordinance be passed
Seconded by Welch
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
ORDINANCE #38078 PASSED 7-0
14. Res. that the revised preliminary plat entitled RAINWOOD POINTE located
Southwest of 108th Street and Rainwood Road along with the attached
conditions, is hereby accepted; and, the preparation of the final plat of this
subdivision is hereby authorized – Outside City – over from 4/8/08 - see
attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 503 – April 8 Meeting)
Doug Kellner, 10836 Old Mill Road, representing the owner, appeared and
spoke.
Motion by Suttle that the Resolution be adopted
Seconded by Welch
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Res. # 503 – ADOPTED 7-0
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(a) Planning Board and Planning Department recommend approval of
the Revised Preliminary Plat of RAINWOOD POINTE located
Southwest of 108th Street and Rainwood Road – Outside City –
over from 4/8/08 - see attached
(See Doc. # 503 – April 8 Meeting)
# 503 – From Chair on File
15. Res. that the plat entitled RAINWOOD POINTE located Southwest of 108th Street
and Rainwood Road is hereby approved and accepted – Outside City – over
from 4/8/08 - see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED
TODAY))
(See Doc. # 504 – April 8 Meeting)
Doug Kellner, 10836 Old Mill Road, representing the owner, appeared and
spoke.
Motion by Suttle that the Resolution be adopted
Seconded by Welch
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Res. # 504 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of RAINWOOD POINTE located Southwest of 108th
Street and Rainwood Road – Outside City – over from 4/8/08 - see
attached.
(See Doc. # 504 – April 8 Meeting)
# 504 – From Chair on File
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16. Res. that the Subdivision Agreement among the City of Omaha, Rainwood
Pointe, LLC, the Rainwood Pointe Business Owners Association and Sanitary
and Improvement District 552 of Douglas County, Nebraska, as recommended
by the Mayor, providing for the public improvements, Trail/Boulevard fees, 1%
administrative fee and sewer connection to the Omaha Sanitary Sewer System,
is hereby approved. The Subdivision is to be known as Rainwood Pointe (Lots 1-
13 and Outlots A and B) and is located southeast of Rainwood Road and Blair
High Road – over from 4/8/08 – see attached. ((PUBLIC HEARING TODAY –
CAN BE ADOPTED TODAY))
(See Doc. # 505 – April 8 Meeting)
Doug Kellner, 10836 Old Mill Road, representing the owner, appeared and
spoke.
Motion by Suttle that the Resolution be adopted
Seconded by Welch
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Res. # 505 – ADOPTED 7-0
17. Ord. to rezone property located at 13545 Miami Street from R3-Single-Family
Residential District (Medium-Density) to R4-Single-Family Residential District
(High Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 507 – April 8 and April 15 Meetings)
Notice of public hearing on April 22, 2008 published in the Daily Record on
April 11, 2008. Ordinance passed April 22, 2008 published in the Daily
Record on April 30, 2008.
CCID # 507 – Motion by Suttle that the Ordinance be passed
Seconded by Welch
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
ORDINANCE #38079 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a rezoning of property located at 13545 Miami Street from R3 to R4
– see attached.
(See Doc. # 507 – April 8 Meeting)
# 507 – From Chair on File
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18. Ord. to rezone property located Southwest of 192nd Street and Honeysuckle
Drive from SF3 Single-Family Residential, Large Lot (Elkhorn) to R4-Single-
Family Residential District (High-Density) (Omaha). ((PUBLIC HEARING TODAY
– CAN BE PASSED TODAY))
(See Doc. # 508 – April 8 and April 15 Meetings)
Notice of public hearing on April 22, 2008 published in the Daily Record on
April 11, 2008. Ordinance passed April 22, 2008 published in the Daily
Record on April 30, 2008.
CCID # 508 – Motion by Thompson that the Ordinance be passed
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
ORDINANCE #38080 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a rezoning of property located Southwest of 192nd Street and
Honeysuckle Drive from SF3 (Elkhorn) to R4 (Omaha) – see
attached.
(See Doc. # 508- April 8 Meeting)
# 508 – From Chair on File
19. Ord. to amend the official zoning map of the City of Omaha adopted by Section
55-65 of the Omaha Municipal Code, by converting to Omaha zoning
classifications the former City of Elkhorn and such areas of Douglas County
added to the City of Omaha’s three-mile zoning jurisdiction by reason of
annexation of the City of Elkhorn – see attached. ((PUBLIC HEARING TODAY –
CAN BE PASSED TODAY))
(See Doc. # 513 – April 8 and April 15 Meetings)
Notice of public hearing on April 22, 2008 published in the Daily Record on
April 11, 2008. Ordinance passed April 22, 2008 published in the Daily
Record on April 30, 2008.
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Linda Middleton, 2405 South 217th Street
Protestants: Ken Bunger, 8716 West Dodge Road
For the City: Gary Hall, Planning Department
Steve Jensen, Planning Director
CCID # 513 – Motion by Vokal that the Ordinance be passed
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
ORDINANCE #38081 PASSED 7-0
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(a) Planning Board and Planning Department recommend approval to
amend the City of Omaha’s official zoning map to reflect the
conversions from Elkhorn and Douglas County zoning to Omaha’s
most comparable zoning districts – see attached.
(See Doc. # 513 – April 8 Meeting)
# 513 – From Chair on File
20. Ord. to rezone property located Southeast of 230th and State Streets from AF-1
(Douglas County) to DR-Development Reserve District (Omaha) – over from
3/11/08 and continue the Public Hearing. ((PUBLIC HEARING CONTINUED TO
TODAY - CAN BE PASSED TODAY))
(See Doc. # 285 – February 26, March 4 and March 11 Meetings)
Notice of public hearing on March 11, 2008 published in the Daily Record
on February 29, 2008. Ordinance passed April 22, 2008 published in the
Daily Record on April 30, 2008.
CCID # 285 – Motion by Vokal to allow the applicant to withdraw.
Seconded by Welch
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Motion Carried 7-0
(a) Planning Board and Planning Department recommend approval of
the rezoning of property located Southeast of 230th and State
Streets from AF-1 (Douglas County) to DR (Omaha) – over from
3/11/08 - see attached.
(See Doc. # 285 – February 26 and March 11 Meetings)
# 285 – From Chair on File
(b) Communication from Aimee J. Haley, Attorney representing Todd
and Nancy Conley and other interested neighbors, opposing the
proposed rezoning of property located Southeast of 230th and State
Streets – over from 3/11/08 – see attached.
(See Doc. # 285 – March 11 Meeting)
# 285 – From Chair on File
(c) Communication from Jennifer J. Taylor, attorney representing the
applicant, requesting that the ordinance to rezone property located
Southeast of 230th and State Streets be withdrawn. – see attached.
# 285 – From Chair on File
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21. Ord. to amend Sections 55-610, 55-925 and Figures 55-925(2), 55-925(3),
55-925(4) and 55-925(5) of the Omaha Municipal Code; to provide for a baseline
for build-to setbacks and sidewalks in the ACI-Area of Civic Importance Overlay
Districts; to repeal Sections 55-610, 55-925 and Figures 55-925(2), 55-925(3),
55-925(4) and 55-925(5) as heretofore existing; and to provide the effective date
thereof – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED
TODAY))
(See Doc. # 509 – April 8 and April 15 Meetings)
Notice of public hearing on April 22, 2008 published in the Daily Record on
April 11, 2008. Ordinance passed April 22, 2008 published in the Daily
Record on April 30, 2008.
CCID # 509 – Motion by Suttle that the Ordinance be passed
Seconded by Vokal
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
ORDINANCE #38082 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
amendments to Chapter 55 of the Omaha Municipal Code to
provide for a baseline for build-to setbacks and sidewalks in the
ACI-Area of Civic Importance Overlay Districts – see attached.
(See Doc. # 509 – April 8 Meeting)
# 509 – From Chair on File
“PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD APRIL 29, 2008
AGENDA ITEM NO. 22 SHALL BE LAID OVER
THREE WEEKS TO MAY 13, 2008
FOR PUBLICATION AND PUBLIC HEARING”
22. Res. that the preliminary plat entitled TRIBEDO located Northwest of 168th and
West Dodge Road, along with the attached conditions, is hereby accepted; and,
the preparation of the final plat of this subdivision is hereby authorized – Inside
and Outside City – see attached.
Notice of public hearing on May 13, 2008 published in the Daily Record on
April 25, 2008.
CCID # 589 – Over three (3) weeks to May 13, 2008 for publication and public
hearing pursuant to City Council Rule VII H.
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of TRIBEDO located Northwest of 168th and
West Dodge Road – Inside and Outside City – see attached.
# 589 – Over to 5/13/08
* * * * * * * * * * * * * * *
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LIQUOR
23. CLASS “C” – Southern Boys, Inc., dba “Southern Boys”, 2414 Patrick Avenue.
New application, new location. Property posted: 4/9/08. Notification sent:
4/11/08 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION
BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO
GRANT OR DENY))
CCID #555 – Application read
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Ralph Peppard, attorney for the applicant
John Green, President, Southern Boys, Inc.
Protestants: Pastor Stan Rone, The Worship Center, 2121 North 24th
Street
Motion by Vokal to amend the application from a Class “C” Liquor License to a
Class “I” Liquor License.
Seconded by Suttle
Motion Carried 7-0
Motion by Vokal that the Resolution to GRANT AS AMENDED be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Res. # 555 – ADOPTED AS AMENDED 7-0
(a) Communications opposing the application of Southern Boys, Inc.,
dba “Southern Boys”, 2414 Patrick Avenue, for a Class “C” Liquor
License – see attached.
# 555 – From Chair on File
(b) Petition submitted in support of the application of Southern Boys,
Inc., dba “Southern Boys”, 2414 Patrick Avenue, for a Class “C”
Liquor License – see attached.
# 555 – From Chair on File
24. CLASS “I” – 1502 Cuming Street Hospitality, LLC, dba “inPlay”, 1502 Cuming
Street. New application, old location. Present licensee is InPlay Omaha, LLC,
dba “inPlay”, 1502 Cuming Street – see attached. ((YOU HAVE YOUR
HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO
ADOPT A RESOLUTION EITHER TO GRANT OR DENY))
Gino Betti, General Manager, 1502 Cuming Street Hospitality, LLC, appeared
and spoke.
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Motion by Suttle that the Resolution to GRANT be adopted
Seconded by Brown
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Res. # 556 – ADOPTED 7-0
25. CATERING – 1502 Cuming Street Hospitality, LLC, dba “inPlay”, 1502 Cuming
Street. New application, old location. Present licensee is InPlay Omaha, LLC,
dba “inPlay”, 1502 Cuming Street – see attached. ((YOU HAVE YOUR
HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO
APPROVE OR NOT TO APPROVE))
Gino Betti, General Manager, 1502 Cuming Street Hospitality, LLC, appeared
and spoke.
CCID # 557 – Motion by Suttle that the request be approved
Seconded by Brown
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Motion Carried 7-0
26. PACKAGE – Eagle Food Mart, Inc., dba “Eagle Food Mart”, 3707 Center Street.
New application, old location. Present licensee is Crest Petroleum Corporation,
dba “Bushy John’s”, 3707 Center Street – see attached. ((YOU HAVE YOUR
HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO
ADOPT A RESOLUTION EITHER TO GRANT OR DENY))
Talat Mahmood, Eagle Food Mart, appeared and spoke.
Motion by Vokal that the Resolution to GRANT be adopted
Seconded by Welch
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Res. # 558 – ADOPTED 7-0
27. PACKAGE – Johnson’s Cumnup, L.L.C., dba “Johnson’s Tobacco Barn”, 3510
North 30th Street. New application, new location. Property posted: 3/26/08.
Notification sent: 4/11/08 – see attached. ((YOU HAVE YOUR HEARING ON
THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A
RESOLUTION EITHER TO GRANT OR DENY))
CCID # 559 – Application read
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THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Mike Kelley, 7134 Pacific Street, attorney for the applicant
Troy Johnson, applicant
Protestants: Margarita Washington
Motion by Suttle that the Resolution to GRANT be adopted as amended
Seconded by Welch
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Res. # 559 – ADOPTED AS AMENDED 7-0
(a) Communication from Mike Kelley, Attorney, representing Johnson’s
Cumnup, L.L.C., dba “Johnson’s Tobacco Barn”, 3510 North 30th
Street for a Package Liquor License, requesting an amendment for
an addition of areas approximately 4’ x 10’ and 4’ x 7’ to the south –
see attached.
# 559 – Motion by Gernandt that the Amendment be approved
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr.
President
Motion Carried 7-0
(b) Communications opposing the application of Johnson Cumnup,
L.L.C., dba “Johnson’s Tobacco Barn”, 3510 North 30th Street, for a
Package Liquor License – see attached.
# 559 – From Chair on File.
(c) Petition submitted in support of the application of Johnson’s
Cumnup, L.L.C., dba “Johnson’s Tobacco Barn”, 3510 North 30th
Street, for a Package Liquor License – see attached.
# 559 – From Chair on File.
28. Grover Street Acquisitions, LLC, dba “Firewater Grill”, 7007 Grover Street,
requests permission for a Special Designated License for a dance, reception and
beer garden on May 2, 2008 from 6:00 p.m. to 1:00 a.m. and May 3, 2008 from
3:00 p.m. to 1:00 a.m. Music will end at 12:00 midnight – see attached.
((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO
APPROVE))
Axel Adair, Grover Street Acquisitions, appeared and spoke.
CCID # 585 – Motion by Gernandt that the request be approved
Seconded by Suttle
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ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Motion Carried 7-0
29. Santa Lucia Festival Committee, 725 Pierce Street, requests permission for a
Special Designated License for the Santa Lucia Festival at Lewis & Clark
Landing, 375 Riverfront Drive on May 29, 2008 and June 2, 2008 from 5:00 p.m.
to 11:00 p.m., May 30, 2008 from 5:00 p.m. to 12:00 midnight and May 31, 2008
and June 1, 2008 from 12:00 noon to 12:00 midnight. (Music will end at 12:00
midnight.) – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO
APPROVE OR NOT TO APPROVE))
Sam Maddalena, 3404 North 152nd Avenue, appeared and spoke.
CCID # 560 – Motion by Vokal that the request be approved
Seconded by Gernandt
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Motion Carried 7-0
ORDINANCES ON FINAL READING
30. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of paving Ontario Street, from 168th Street
extending northwesterly to a point 265 feet ± southeast of the intersection of
171st Street and Valley Drive identified as OPW 51109; providing that the City
negotiate with the property owners for land acquisitions, permanent easements
and temporary construction easements; providing that as to each specified parcel
which cannot be obtained by negotiation, condemnation proceedings be
undertaken and completed; and, providing for the effective date hereof – see
attached. ((PUBLIC HEARING HELD 4/15/08 – CAN BE PASSED TODAY))
(See Doc. # 510 – April 8 and April 15 Meetings)
Notice of public hearing on April 15, 2008 published in the Daily Record on
April 11, 2008. Ordinance passed April 22, 2008 published in the Daily
Record on April 30, 2008.
CCID # 510 – Motion by Vokal that the Ordinance be passed
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
ORDINANCE #38083 PASSED 7-0
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31. Ord. to amend Ordinance No. 37305, passed March 7, 2006, by approving an
Amendment to the Tax Increment Financing (TIF) Redevelopment Loan
Agreement between the City of Omaha and Brandeis Lofts, LLC, a Nebraska
Limited Liability Company, to recognize the acquisition of the Brandeis Building
and Parking structure by Brandeis Holdings, LLC and update project
development costs, Tax Increment Loan amounts and the completion date of the
project; and providing for an effective date – see attached. ((PUBLIC HEARING
HELD 4/15/08 – CAN BE PASSED TODAY))
(See Doc. # 515 – April 8 and April 15 Meetings)
Notice of public hearing on April 15, 2008 published in the Daily Record on
April 11, 2008. Ordinance passed April 22, 2008 published in the Daily
Record on April 30, 2008.
CCID # 515 – Motion by Vokal that the Ordinance be passed
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
ORDINANCE #38084 PASSED 7-0
32. Ord. to establish pursuant to Section 40-251 of the Omaha Municipal Code a
new Class “B” Flammable Liquids Storage District, to be known as District No. B-
158 at West Corporation, 11650 Miracle Hills Drive, as requested by Kelly Olds;
and to provide the effective date hereof – see attached. ((PUBLIC HEARING
HELD 4/15/08 – CAN BE PASSED TODAY))
(See Doc. # 511 – April 8 and April 15 Meetings)
Notice of public hearing on April 15, 2008 published in the Daily Record on
April 11, 2008. Ordinance passed April 22, 2008 published in the Daily
Record on April 30, 2008.
CCID # 511 – Motion by Vokal that the Ordinance be passed
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
ORDINANCE #38085 PASSED 7-0
33. Ord. to establish pursuant to Section 40-251 of the Omaha Municipal Code a
new Class “B” Flammable Liquids Storage District, to be known as District No. B-
159 at Midwest Surgical Hospital, 7915 Farnam Drive, as requested by Chuck
Livingston; and to provide the effective date hereof – see attached. ((PUBLIC
HEARING HELD 4/15/08 – CAN BE PASSED TODAY))
(See Doc. # 512 – April 8 and April 15 Meetings)
Notice of public hearing on April 15, 2008 published in the Daily Record on
April 11, 2008. Ordinance passed April 22, 2008 published in the Daily
Record on April 30, 2008.
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CCID # 512 – Motion by Vokal that the Ordinance be passed
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
ORDINANCE #38086 PASSED 7-0
“PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD APRIL 29, 2008
THE THIRD READING AND PUBLIC HEARINGS
ON AGENDA ITEM NOS. 34 THROUGH 39
SHALL BE HELD ON MAY 6, 2008”
ZONING ORDINANCES ON SECOND READING
34. Ord. to rezone property located Northwest of 204th and Harrison Streets from
AG-Agricultural District and MU-Mixed-Use District to MU-Mixed-Use District.
CCID # 533 – ORDINANCE ON SECOND READING – Final reading to be held
May 6, 2008 pursuant to City Council Rule VII H.
35. Ord. to rezone property located Northwest of 204th and Harrison Streets from
AG-Agricultural District and MU-Mixed-Use District to DR-Development Reserve
District.
CCID # 534 – ORDINANCE ON SECOND READING – Final reading to be held
May 6, 2008 pursuant to City Council Rule VII H.
36. Ord. to rezone property located Northwest of 204th and Harrison Streets from
AG-Agricultural District and MU-Mixed-Use District to R6-Low-Density Multiple-
Family Residential District.
CCID # 535 – ORDINANCE ON SECOND READING – Final reading to be held
May 6, 2008 pursuant to City Council Rule VII H.
37. Ord. to approve a Mixed Use Development Agreement for property located
Northwest of 204th and Harrison Streets (Coventry) between the City of Omaha
and CFM Realty Advisors, providing site development standards; and to provide
for an effective date – see attached.
CCID # 539 – ORDINANCE ON SECOND READING – Final reading to be held
May 6, 2008 pursuant to City Council Rule VII H.
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38. Ord. to rezone property located Southwest of George B. Lake Parkway and “Q”
Street from AG-Agricultural District to R4-Single Family Residential District (High
Density).
CCID # 540 – ORDINANCE ON SECOND READING – Final reading to be held
May 6, 2008 pursuant to City Council Rule VII H.
39. Ord. to amend the boundaries of the ACI-2(50)-Area of Civic Importance Overlay
District, to incorporate into that district the property generally one-half block north
and south of Dodge Street from 49th Street on the east to 51st Street on the west;
and to provide for an effective date – see attached.
CCID # 543 – ORDINANCE ON SECOND READING – Final reading to be held
May 6, 2008 pursuant to City Council Rule VII H.
* * * * * * * * * * * * * * *
“PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD APRIL 29, 2008
THE THIRD READING ON AGENDA ITEM NOS. 40 THROUGH 45
SHALL BE HELD ON MAY 6, 2008
((THE PUBLIC HEARINGS ON THESE ITEMS ARE TODAY))”
ORDINANCES ON SECOND READING
40. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described vacant and improved properties located in the
Grace Plaza Redevelopment Plan Area, an area generally defined by Grace
Street, 16th Street, Clark Street and the alley west of 20th Street, for acquisition,
relocation as appropriate, demolition of structures, preparation of sites, and
subsequent use as sites for implementing the Grace Plaza Redevelopment Plan
by the construction of new, affordable housing; 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 – see
attached. ((PUBLIC HEARING TODAY))
CCID # 544 – Public hearing was held today – Final reading set for May 6, 2008
pursuant to City Council Rule VII H.
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41. Ord. declaring the necessity of appropriating, for use of the City of Omaha,
certain hereinafter described property and property interests in vacant and
improved properties located along the north and south sides of Indiana Street
between 28th Avenue and 29th Street, for acquisition, relocation as appropriate,
demolition of structures, preparation of sites, and subsequent use as temporary
construction easements and permanent street right of way as necessary for
improving Indiana Street; 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 – see attached. ((PUBLIC
HEARING TODAY))
CCID # 545 – Public hearing was held today – Final reading set for May 6, 2008
pursuant to City Council Rule VII H.
42. Ord. to establish pursuant to Section 40-251 of the Omaha Municipal Code a
new Class “B” Flammable Liquids Storage District, to be known as District No. B-
160 at Sitel Corporation, 7720 Crown Point Avenue as requested by Frank
Markesi; and to provide the effective date hereof – see attached. ((PUBLIC
HEARING TODAY))
CCID # 546 – Public hearing was held today – Final reading set for May 6, 2008
pursuant to City Council Rule VII H.
43. Ord. to amend certain portions of Special Levy Ordinance No. 10078 levying an
assessment for weed abatement in the year 2008, by repealing the assessment
on the property legally described as Parcel: 0712-0000-16, Lot 15, Block 19,
Lakewood Gardens Addition, 5307 North 6th Avenue; and to provide for an
effective date hereof – see attached. ((PUBLIC HEARING TODAY))
CCID # 547 – Public hearing was held today – Final reading set for May 6, 2008
pursuant to City Council Rule VII H.
44. Special Ord. levying a special tax assessment for condemned buildings or
structures in accordance with Section 48-93 of the Omaha Municipal Code on
certain lots in the City of Omaha. Group No. 2008-2 – see attached. ((PUBLIC
HEARING TODAY))
CCID # 548 – Public hearing was held today – Final reading set for May 6, 2008
pursuant to City Council Rule VII H.
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45. Special Ord. levying a special tax and assessment on all lots and pieces of real
estate within Business Improvement District No. 6874 in the City of Omaha in the
amount of $334,130.34; such assessment shall cover the costs anticipated by
the Business Improvement District for March, 2008 to February, 2009 and
contemplated by Ordinance No. 37504 which was approved by the City Council
of the City of Omaha on October 3, 2006; and to provide an effective date therein
– see attached. ((PUBLIC HEARING TODAY))
CCID # 551 – Public hearing was held today – Final reading set for May 6, 2008
pursuant to City Council Rule VII H.
* * * * * * * * * * * * * * *
SPECIAL USE PERMIT – CUSTOM MANUFACTURING
46. Res. that the Special Use Permit application submitted by Jeff Staats for
permission to allow Custom Manufacturing in the CC-Community Commercial
District, located at 5210 North 90th 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 – over from
4/8/08 for publication and Public Hearing – had publication - see attached.
((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 486 – April 8 Meetings)
Motion by Suttle that the Resolution be adopted
Seconded by Welch
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Res. # 486 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the request of Jeff Staats for a Special Use Permit to allow Custom
Manufacturing in the CC District at 5210 North 90th Street – over
from 4/8/08 - see attached.
# 486 – From Chair on File
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SPECIAL USE PERMIT – DAY CARE (GENERAL)
47. Res. that the Special Use Permit application submitted by Legacy Primary
School for permission to allow a Day Care (General) in the R5-Urban Family
Residential District, located at 2201-2207 North 168th Avenue, 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 – over from 4/8/08 for publication and Public Hearing –
had publication - see attached. ((PUBLIC HEARING TODAY – CAN BE
ADOPTED TODAY))
(See Doc. # 487 – April 8 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Brad Underwood, 11717 Burt Street, representing the
owners
Jeff Lake, 16902 Erskine Street
Motion by Gernandt that the Resolution be adopted
Seconded by Vokal
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Res. # 487 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the request of Legacy Primary School for a Special Use Permit to
allow a Day Care (General) in the R5-Urban Family Residential
District on property located at 2201-2207 North 168th Avenue –
over from 4/8/08 - see attached.
(See Doc. # 487 – April 8 Meeting)
# 487 – From Chair on File
- 22 -
RESOLUTIONS
48. Res. that the DLR Group Headquarters Building Project Tax Increment Financing
(TIF) Redevelopment Project Plan, prepared by the Omaha City Planning
Department, containing a provision for the division of ad valorem taxes under
Section 18-2147 through 18-2150, Revised Statutes of Nebraska, in an amount
up to $1,000,000, be and hereby is approved as the Redevelopment Plan for the
DLR Group Headquarters Building Project Tax Increment Financing (TIF)
Redevelopment Project Plan area located at 65th and Frances Streets – over
from 4/1/08 for publication and Public Hearing – had publication - see attached.
((PUBLIC HEARING TODAY – MOTION NEEDED TO LAY OVER 2 WEEKS TO
5/6/08 FOR ADDITIONAL PUBLICATION AND CONTINUE THE PUBLIC
HEARING))
(See Doc. # 460 – April 1 Meeting)
CCID #460 - Motion by Gernandt to lay over 2 weeks to 5/6/08 for additional
publication and continue the public hearing.
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Motion Carried 7-0
49. Res. that the Ryan J. Barry Clarinda Page Condominium Tax Increment
Financing (TIF) Redevelopment Project Plan, prepared by the Omaha City
Planning Department, containing a provision for the division of ad valorem taxes
under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, in the
amount up to $320,000, be and hereby is approved as the Ryan J. Barry
Clarinda Page Condominium Tax Increment Financing (TIF) Redevelopment
Project Plan for the area located at 3027 Farnam Street, 305 Turner Boulevard,
and 311 Turner Boulevard – see attached. ((PUBLIC HEARING TODAY –
MOTION NEEDED TO LAY OVER 2 WEEKS TO 5/6/08 FOR ADDITIONAL
PUBLICATION AND CONTINUE THE PUBLIC HEARING))
(See Doc. # 461 – April 1 Meeting)
CCID #461 - Motion by Gernandt to lay over 2 weeks to 5/6/08 for additional
publication and continue the public hearing.
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Motion Carried 7-0
COUNCILMEMBER GERNANDT LEAVES THE LEGISLATIVE CHAMBER
- 23 -
50. Res. that, as recommended by the Mayor, the Amendment to the Engineering
Agreement with HGM Associates, Inc. for additional engineering design services
for the reconstruction of Harrison Street from 47th Street to 71st Street, is hereby
approved; further, that, the Finance Department is authorized to pay the
additional fee of $42,544.00 for these additional engineering services from the
2006 Transportation Bond Fund 13182, 2008 Issue Transportation Bond
Organization 117113, with 63% of this cost being reimbursable in accord with the
Interlocal Agreement with the City of Bellevue, the City of LaVista, Douglas
County and Sarpy County – see attached. ((PUBLIC HEARING TODAY – CAN
BE ADOPTED TODAY))
Motion by Vokal that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Sigerson, Mr. President
Absent: Gernandt
Res. # 564 – ADOPTED 6-0
51. Res. that, as recommended by the Mayor, the contract with MFT Construction for
OPW 50007, being the reconstruction of Harrison Street from 48th Street to 71st
Street, in the amount of $5,520,070.51 is hereby approved; and that the Finance
Department is authorized to pay this cost from the 2008 Issue Transportation
Bond Fund 13182, 2008 Issue Transportation Bond Organization 117113, year
2008 expenditures. The City’s estimated 37% share of this cost is $2,042,426.09.
The remaining $3,477,644.42 will be paid by participating entities as detailed in
the inter-local agreement adopted by City Council Resolution No. 143, dated
February 6, 2006 – see attached. ((PUBLIC HEARING TODAY – CAN BE
ADOPTED TODAY))
Motion by Vokal that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Sigerson, Mr. President
Absent: Gernandt
Res. # 561 – ADOPTED 6-0
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52. Res. that, as recommended by the Mayor, the contract with Weitz Industrial for
OPW 50910, being seal water pumping system improvements at the Papillion
Creek Wastewater Treatment Plant, in the amount of $365,057.00 is hereby
approved; and that the Finance Department is authorized to pay this cost from
the Sewer Revenue Improvement Fund 21124, Capital Asset Replacement
Program Organization 116913, year 2008 expenditures – see attached.
((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
Motion by Vokal that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Absent: Gernandt
Res. # 562 – ADOPTED 6-0
53. Res. that, as recommended by the Mayor, the contract with Dostals Construction
Co., Inc. for OPW 51467, being a series of Best Management Practices for
Under the Sink located at 4001 South 120th Street, in the amount of $163,750.00
is hereby approved; and that the Finance Department is authorized to pay this
cost from the Storm Water Management Plan Program Fund 12143, Storm Water
Management Plan Program Organization 128026, year 2008 expenditures – see
attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
Motion by Vokal that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Sigerson, Mr. President
Absent: Gernandt
Res. # 563 – ADOPTED 6-0
54. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to
issue a Purchase Order to Omaha Truck Center for the purchase of two 60,000
GVW truck chassis and cabs to be utilized by the Sewer Maintenance Division in
the amount of $182,456.00; and, that the Finance Department is authorized to
pay this cost from the Sewer Revenue Fund 21121, Sewer Maintenance
Organization 116511, one unit each to be paid from year 2007 and year 2008
expenditures – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED
TODAY))
Motion by Vokal that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Sigerson, Mr. President
Absent: Gernandt
Res. # 565 – ADOPTED 6-0
- 25 -
55. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to
issue a Purchase Order to Stepp Manufacturing Co., Inc. for the purchase of a
slip-in style asphalt hopper unit to be utilized by the Street Maintenance Division
in the amount of $27,030.00; and, that the Finance Department is authorized to
pay this cost from the Street and Highway Allocation Fund 12131, Pavement
Maintenance Organization 116158, year 2008 expenditures – see attached.
((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
Motion by Vokal that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Sigerson, Mr. President
Absent: Gernandt
Res. # 566 – ADOPTED 6-0
56. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to
issue a Purchase Order to Badger Body for the purchase of three 9’ stainless
steel hopper spreaders to be utilized by the Street Maintenance Division in the
amount of $20,164.98; and, that the Finance Department is authorized to pay this
cost from the Street and Highway Allocation Fund 12131, Snow and Ice Control
Organization 116154, year 2008 expenditures – see attached. ((PUBLIC
HEARING TODAY – CAN BE ADOPTED TODAY))
Motion by Vokal that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Sigerson, Mr. President
Absent: Gernandt
Res. # 567 – ADOPTED 6-0
57. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to
issue a Purchase Order to Vetter Equipment Co. for the purchase of a manure
spreader to be utilized by the Environmental Quality Control Division in the
amount of $17,750.00; and that the Finance Department is authorized to pay this
cost from the Sewer Revenue Fund 21121, Sludge Disposal Organization
116713, year 2008 expenditures – see attached. ((PUBLIC HEARING TODAY –
CAN BE ADOPTED TODAY))
Motion by Vokal that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Sigerson, Mr. President
Absent: Gernandt
Res. # 568 – ADOPTED 6-0
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COUNCILMEMBER GERNANDT RE-ENTERS THE LEGISLATIVE CHAMBER
58. Res. that, as recommended by the Mayor, in consideration of the extenuating
circumstances regarding the financial status of the Borrower, Sadie M. Jones, the
Mayor of the City of Omaha is hereby authorized to execute a Debt
Subordination Agreement, in a form substantially the same as Exhibit “A”,
subordinating the City’s interest in property located at 4702 North 47th Street to
the interest to be acquired by Wells Fargo Home Mortgage – see attached.
((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
Motion by Suttle that the Resolution be adopted
Seconded by Welch
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Res. # 569 – ADOPTED 7-0
59. Res. that the attached Agreement, as recommended by the Mayor, to provide a
Nebraska Affordable Housing Trust Fund (NAHTF) Grant in the amount of
$14,625.00 and a Community Development Block Grant (CDBG) Target Area
Special Needs Rehabilitation Grant in the amount of $9,754.00 for a total of
$24,379.00 to Wayne Harris for the rehabilitation work at the property he owns
and occupies located at 2124 Emmet Street, Omaha, Nebraska 68110 is hereby
approved. The contract is to be awarded to Mike Royce Contracting. Funds in
the amount of $14,625.00 shall be paid from the NAHTF Grant Award No. 05-
TFHO-750, Fund No. 12141, Organization No. 129313 and $9,754.00 shall be
paid from FY 2008 CDBG Single-Family Target Area Special Needs
Rehabilitation Program, Fund No. 12186, Organization No. 129114 – see
attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
Motion by Suttle that the Resolution be adopted
Seconded by Welch
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Res. # 581 – ADOPTED 7-0
60. Res. that, as recommended by the Mayor, the bid in the total amount of
$21,437.00 from Anderson Ford Lincoln Mercury Mazda, to purchase one (1)
2008 Ford F 250, ¾ ton, 4 wheel drive, regular cab, pickup truck, to be utilized at
Rosenblatt Stadium by the Parks, Recreation and Public Property Department,
based on a bid to the State of Nebraska per Contract Number 120306OC, 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 the 2008
funding in General Fund No. 11111 and Organization No. 115651 – see
attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
- 27 -
Motion by Gernandt that the Resolution be adopted
Seconded by Welch
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Res. # 586 – ADOPTED 7-0
61. Res. that the cost to the City of Omaha for the year 2008 for cutting of weeds,
grass and worthless vegetation, as provided in Sec. 18-28 of the Omaha
Municipal Code shall be for areas of various size. The cost to the City of Omaha
for the year 2008 for the removal of litter as provided in Sec. 18-29 of the Omaha
Municipal Code shall be $204.00 if up to one hour time is required, and $153.00
for each subsequent ½ hour if additional time is required for such litter removal.
That, said above charges for cost to the City of Omaha for the cutting of such
weeds, grass and worthless vegetation and/or for removal of litter shall be in
addition to penalty provisions, and in making assessment against property
owners there shall be added thereto the penalties in the amounts of which
penalties are as follows: For the 1st violation, a penalty in the sum of $30.00; for
the 2nd violation, a penalty in the sum of $75.00; for the 3rd violation and each
subsequent violation thereafter, a penalty in the sum of $150.00 – see attached.
((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
Motion by Gernandt that the Resolution be adopted
Seconded by Welch
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Res. # 570 – ADOPTED 7-0
62. Res. that, as recommended by the Mayor, the Professional Services Agreement
with The Schemmer Associates, Inc., for engineering and architectural services
for the design and construction documents for skylight and roof replacement at
the W. Dale Clark Library located at 215 South 15th Street, is hereby approved;
further that the Finance Department is authorized to pay $40,100.00 plus normal
reimbursable expenses for these professional services from the Library Facilities
Capital Fund 13499, W. Dale Clark Library Construction Organization 117026 –
see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
Motion by Gernandt that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Res. # 571 – ADOPTED 7-0
- 28 -
63. Res. that. as recommended by the Mayor, the purchase, based upon the bid of
United Rotorcraft Solutions in the amount of $396,860.00 for the completion,
being the addition of equipment and accessories necessary to perform the police
mission, of two Bell 206B-3 light utility helicopters, is hereby approved; and that.
the Finance Department of the City of Omaha is authorized to pay $175,000.00
from Fiscal Year 2008, General Seized Assets Fund 12156, Organization
130711, Account 42237 Aviation Expense; and $175,000.00 of the cost from
Fiscal Year 2008, Metro Seized Assets Fund 12157, Organization 130713,
Account 42237 Aviation Expense; and $46,860.00 of the cost from Fiscal Year
2008, General Fund 11111, Organization 113182 Air Support Unit, Account
42237 Aviation Expense – see attached. ((PUBLIC HEARING TODAY – CAN BE
ADOPTED TODAY))
Motion by Gernandt that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Res. # 572 – ADOPTED 7-0
64. Res. that, as recommended by the Mayor, the bid of Hawkeye Vision, Inc. in the
amount of $100,000.00, which represents the bid for 12 IP Cameras and one
computer server, to be used by the Omaha Police Department Special
Operations/Vice Squad for surveillance throughout different areas of the City of
Omaha, being the lowest and best bid received within bid specifications, which is
incorporated herein by this reference, is hereby accepted and the same hereby
approved, such approval being given by the City of Omaha as specified by the
UASI Grant requirements providing that such equipment will be purchased from
the Nebraska Emergency Management Agency (NEMA) FY2005 Homeland
Security Grant, Urban Area Security Initiative, Grant Award #2005-GE-TE-0020,
grant amount $5,148,300.00, and detailed in the Tri-County Urban Area
Homeland Security Strategy spending plan and Strategy approved by City
Council June 28, 2005, Ordinance No. 37063, Grant Period April 1, 2005 to June
30, 2008; that the Finance Department of the City of Omaha is authorized to pay
$15,000.00 of the cost of the IP Cameras and computer server from Year 2008,
Keno/Lottery Proceeds Fund 12118, Organization 126046, Account 44245
Photo/Video Recording Equipment; and $85,000.00 of the cost from Year 2008,
UASI Grant Fund 12151, Organization 130725, Account 44245 Photo/Video
Recording Equipment – see attached. ((PUBLIC HEARING TODAY – CAN BE
ADOPTED TODAY))
Captain Alex Hayes, Omaha Police Department, appeared and spoke.
- 29 -
Motion by Brown to lay over 2 weeks to 5/6/08.
Seconded by Thompson
ROLL CALL:
Yeas: Thompson, Vokal, Brown
Nays: Suttle, Gernandt, Sigerson, Welch
Motion LOST 3-4
Motion by Vokal that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Res. # 573 – ADOPTED 7-0
65. Res. that the 2008 Federal Department of Health and Human Services Assistant
Secretary for Preparedness and Response (ASPR) Grant to the Omaha
Metropolitan Medical Response System (OMMRS) in the amount of $563,983
from the Nebraska Department of Health and Human Services, sub-grantee
award number BT-622-123108, extending over the period of January 1, 2008
until December 31, 2008, is hereby approved – see attached. ((PUBLIC
HEARING TODAY – CAN BE ADOPTED TODAY))
Motion by Vokal that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Res. # 574 – ADOPTED 7-0
66. Res. that the City Council does hereby ratify the City of Omaha to accept the
agreement with the Boys and Girls Club of the Midlands, Inc., North Omaha Boys
and Girls Club in the amount of $47,700.00 from the AfterSchool Grant, award
number 2006-JL-FX-K073, to provide the Police Athletic League for 10 weeks
during the period of January 1, 2008 to December 31, 2008 – see attached.
((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
Motion by Suttle that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Res. # 582 – ADOPTED 7-0
67. Res. that the appointment by Mayor Mike Fahey of David P. Yakes, to be a
member of the Visitors Advisory Board to serve the remainder of a five-year term
commencing on the date of confirmation by the City Council, and ending on April
15, 2012, be and hereby is confirmed and approved – see attached. ((PUBLIC
HEARING TODAY – CAN BE ADOPTED TODAY))
- 30 -
Motion by Vokal that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Res. # 587 – ADOPTED 7-0
68. Res. that the Omaha Convention and Visitors Bureau is authorized to expend an
amount not to exceed $30,000, to purchase one of the seven sponsorships for
the August 18, 2008 American Society of Association Executives national event
and to assist in paying travel expenses of attendees of such event; and further
that the Finance Department is authorized to pay such $30,000.00 cost from the
Fiscal Year 2007, Fund 21109, Organization 115911, Account 4212 – see
attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
Motion by Vokal that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Res. # 590 – ADOPTED 7-0
COUNCILMEMBER VOKAL LEAVES THE LEGISLATIVE CHAMBER
“PURSUANT TO CITY COUNCIL RULE VII F
AGENDA ITEM NO. 69 SHALL BE LAID OVER
THREE WEEKS FOR PUBLICATION AND PUBLIC HEARING”
69. Res. that the Bluestone Development Blues Lofts, LLC TIF Redevelopment
Project Plan for the acquisition and development of a section of Lot 8 Union
Pacific Place (13th and Webster Streets) as described in the redevelopment plan
attached hereto and made a part of containing a provision for the division of ad
valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of
Nebraska, as recommended by City Planning Department, be and hereby is
approved – see attached.
Notice of public hearing on May 13, 2008 published in the Daily Record and
World Herald on April 24, 2008 and May 1, 2008.
CCID # 583 – Over three (3) weeks to May 13, 2008 for publication and public
hearing pursuant to City Council Rule VII F.
* * * * * * * * * * * * * * *
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“PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD APRIL 29, 2008
THE THIRD READING AND PUBLIC HEARING
ON AGENDA ITEM NO. 70 SHALL BE HELD ON MAY 13, 2008”
70. Ord. to approve an amendment to the Land Use Element of the Master Plan for
the City of Omaha, to move the Community (165 acre) mixed use area at 156th
Street and West Dodge Road to 168th Street and West Dodge Road and move
the Community (80 acre) mixed use area at 168th Street and West Dodge Road
to 156th Street and West Dodge Road; and to provide for the effective date
hereof – see attached.
CCID # 588 – Publication to be made and public hearing and third reading to be
held on May 13, 2008 pursuant to City Council Rule VII H.
(a) Planning Board and Planning Department recommend approval of
an Amendment to the Master Plan to move the Community (165
acre) mixed use area at 156th Street and West Dodge Road to 168th
Street and West Dodge Road and move the Community (80 acre)
mixed use area at 168th Street and West Dodge Road to 156th
Street and West Dodge Road – see attached.
# 588 – Over to 5/13/08
“PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD APRIL 29, 2008
THE SECOND READING AND PUBLIC HEARINGS
ON AGENDA ITEM NOS. 71 THROUGH 77
SHALL BE HELD ON MAY 6, 2008”
ORDINANCE ON FIRST READING and Planning Board Attachment
71. Ord. vacating the north 2 feet of “K” Street from 33rd Street, west to the alley and
providing the effective date hereof – see attached.
CCID # 575 – Publication to be made and public hearing to be held on May 6,
2008 pursuant to City Council Rule VII H.
(a) Planning Board and Planning Department recommend approval of
the vacation of the North 2’ of “K” Street from 33rd Street west to the
alley – see attached.
# 575 – Over to 5/6/08
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ORDINANCES ON FIRST READING
72. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
the necessary lands for the purpose of constructing a relief sanitary sewer, from
99th and “I” Streets to 89th and “L” Streets, identified as OPW 51450 (RN);
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.
CCID # 576 – Publication to be made and public hearing to be held on May 6,
2008 pursuant to City Council Rule VII H.
73. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
necessary property interests in land for the purpose of reconstructing wheel chair
ramps at various locations in the metropolitan area as shown on the site plans
attached as Exhibit ”A”. Pursuant to an Agreement with the United States
Department of Justice approved by Ordinance No. 37090 on July 19, 2005, the
City is to ensure that certain of its facilities comply with the Americans With
Disabilities Act of 1990. The projects contemplated by this ordinance, OPW
51456, OPW 51476 and OPW 51478 represent the latest in a series of proposed
projects intended to comply with said Agreement; 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.
CCID # 577 – Publication to be made and public hearing to be held on May 6,
2008 pursuant to City Council Rule VII H.
74. Ord. to approve the Tax Increment Financing (TIF) Redevelopment Loan
Agreement between the City of Omaha and S & R Development, LLC, a
Nebraska Limited Liability Company for the development of the Metro OBGYN
South Omaha Medical Campus located at 3213 South 24th Street, which includes
tax increment financing of $487,500; and providing for an effective date – see
attached.
CCID # 584 – Publication to be made and public hearing to be held on May 6,
2008 pursuant to City Council Rule VII H.
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75. Ord. to amend Chapter 15, Article I, of the Omaha Municipal Code to include a
new section 15-16 prohibiting walk-up sales of alcoholic liquors for consumption
off the licensed premises; and to provide an effective date hereof – see attached.
CCID # 591 – Publication to be made and public hearing to be held on May 6,
2008 pursuant to City Council Rule VII H.
76. Ord. to amend certain portions of Special Levy Ordinance No. 10080 levying an
assessment for weed abatement in the year 2008, by repealing the assessment
on the properties legally described as Parcel: 2280-0000-23, Lot 1, Block 5,
Thomason & Goos Addition, 3202 S. 34th Street and Parcel: 2283-0002-23, Lot
14, Block 5, Thomason & Goos Addition, 3224 S. 34th Street; and to provide for
an effective date hereof – see attached.
CCID # 578 – Publication to be made and public hearing to be held on May 6,
2008 pursuant to City Council Rule VII H.
77. Ord. to amend certain portions of Special Levy Ordinance No. 10081 levying an
assessment for weed abatement in the year 2008, by repealing the assessment
on the properties legally described as Parcel: 4442-0000-16, Lot 39, Block 0,
Luke & Templetons, 2501 Templeton Street; and to provide for an effective date
hereof – see attached.
CCID # 579 – Publication to be made and public hearing to be held on May 6,
2008 pursuant to City Council Rule VII H.
* * * * * * * * * * * * * * *
“PURSUANT TO CITY COUNCIL RULE VII F
AGENDA ITEM NO. 78 SHALL BE LAID OVER
THREE WEEKS FOR PUBLICATION AND PUBLIC HEARING”
78. Res. that the Amendment to Courtland Place No. 1, LLC Tax Increment
Financing Redevelopment Project Plan to change the legal description as shown
in the new exhibits and that, the Courtland Place No. 2, LLC Tax Increment
Financing Redevelopment Project Plan proposing the allocation of $1,240,000.00
in tax increment financing to assist in financing the development of 29 additional
rowhouses as recommended by City Planning Department, containing a
provision for the division of ad valorem taxes under Section 18-2147 through 18-
2150, Revised Statutes of Nebraska, be and hereby are approved for an area
located near 12th and Leavenworth Streets as detailed in such documents – see
attached.
Notice of public hearing on May 13, 2008 published in the Daily Record and
Omaha World Herald on April 24, 2008 and May 1, 2008.
CCID # 592 – Over three weeks to May 13, 2008 for publication and public
hearing pursuant to City Council Rule VII F.
* * * * * * * * * * * * * *
ADDITIONAL RESOLUTION
79. Res. that the issuance of the Variable Rate Demand Revenue Bonds as
described in this Resolution (“Bonds”) by the Issuer Colorado Health Facilities
Authority in an aggregate amount not to exceed $22,400,000 is hereby approved;
and that such approval shall be solely for the purposes of Section 147(f) of the
Internal Revenue Code and the City of Omaha, Nebraska, shall have no liabilities
for the payment of the Bonds nor shall any of its assets be pledge to the payment
of the Bonds; and that this Resolution shall take effect and be in full force
immediately after its adoption by the City Council – see attached. ((MOTION
NEEDED TO LAY OVER TWO WEEKS TO MAY 6, 2008 FOR PUBLICATION
AND PUBLIC HEARING))
Notice of public hearing on May 13, 2008 published in the Daily Record and
Omaha World Herald on April 24, 2008.
CCID #593 – Motion by Gernandt to lay over three (3) weeks to May 13, 2008 for
publication and public hearing
Seconded by Welch
ROLL CALL:
Yeas: Suttle, Thompson, Vokal, Brown, Gernandt, Sigerson, Mr. President
Motion Carried 7-0
EXECUTIVE SESSION
80. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
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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.
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SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR APRIL 22, 2008
LEGISLATIVE CHAMBERS - 2:00 P.M. - PREPARED APRIL 21, 2008 AT 1:00 P.M.
Agenda and Link to Agenda Items
Available at http://www.ci.omaha.ne.us
ADDITIONAL RESOLUTION
81. Res. that, as recommended by the Mayor, costs in the amount of $121,400.00,
which includes $32,200.00 for administrative costs for repair of stream bank in
S&ID No. 294, Brookhaven, located northeast of 116th and Harrison Streets, to
protect the existing pedestrian bridge abutment, which is currently exposed and
poses a safety hazard, are hereby approved. Further that, these costs incurred by
S&ID No. 294 to make this improvement is a 100% obligation of S&ID No. 294,
Brookhaven - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED
TODAY))
Motion by Gernandt that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Suttle, Thompson, Brown, Gernandt, Sigerson, Mr. President
Absent: Vokal
Res. # 595 – ADOPTED 6-0
Motion by Gernandt that the City Council Meeting be adjourned.
Seconded by Welch
ROLL CALL:
Yeas: Suttle, Thompson, Brown, Gernandt, Sigerson, Mr. President
Absent: Vokal
Motion Carried 6-0
ADJOURNED: 3:33 P.M.
I, BUSTER BROWN, CITY CLERK OF THE CITY OF OMAHA, do hereby certify that
the foregoing is a true and correct copy of the proceedings of the Meeting of the City
Council of the City of Omaha held on April 22, 2008.
WITNESS:
________________________________ _________________________________
CITY CLERK
THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR MIKE
FAHEY ON THE 24TH DAY OF APRIL, 2008.
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.
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