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2005-07-19j "CORRECTED" CITY COUNCIL AGENDA FOR JULY 19, 2005 LEGISLATIVE CHAMBERS - 2:00 P.M. Agenda and Link to Agenda Items Available at http://www.ci.omaha.ne.us ROLL CALL 1. City Clerk calls the roll. CCID # 878 - Present: Vokal, Brown, Gernandt, Sigerson, Suttle, Thompson, Mr. President 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 July 15, 2005, notice re: Pre-Council and Regular City Council Meetings, July 19, 2005. CCID # 879 - From Chair on File INTRODUCTION 5. Visitors from Russia, Open World Leadership Program, sponsored by the Library of Congress. 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. MAYOR'S BUDGET MESSAGE & PRESENTATION FOR YEAR 2006 6. Mayor Mike Fahey's Budget Message and presentation of recommended budget for year 2006. ((MOTION NEEDED TO SET THE PUBLIC HEARING ON AUGUST 9, 2005 AT 7:00 P.M.)) CCID # 930 - Motion to set the Public Hearing on 8/9/05 at 7:00 p.m. Carried 7-0 ZONING ORDINANCES ON FINAL READING and Planning Board Attachments 7. Ord. to rezone property located between 25th and 27th Streets from Patrick Avenue to Decatur Street from R7-Medium Density Multiple Family Residential District to R4-Single Family Residential District (High Density). ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) CCID # 812 - ORDINANCE # 37071 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located between 25th and 27th Streets, from Patrick Avenue to Decatur Street from R7 to R4 - see attached. # 812 - From Chair on File 8. Ord. to rezone property located at 3416 Jackson Street from R7-Medium Density Multiple Family Residential District and GC-General Commercial District to R7-Medium Density Multiple Family Residential District. ((PUBLIC HEARING TODAY- CAN BE PASSED TODAY)) CCID # 813 - ORDINANCE # 37072 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 3416 Jackson Street from R7 and GC to R7 - see attached. # 813 - From Chair on File - 2 - 9. Ord. to rezone property located at 2028, 2108, 2114, 2120 and 2122 Larimore Avenue from R4(35)-Single Family Residential District (High Density) and R5- Urban Family Residential District to R4-Single Family Residential District (High Density). ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) CCID # 814 - ORDINANCE # 37073 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 2028, 2108, 2114, 2120 and 2122 Larimore Avenue from R4(35) and R5 to R4 - see attached. # 814 - From Chair on File 10. Ord. to rezone property located at 3654 Miami Street from R4(35)-Single Family Residential District (High Density), R5-Urban Family Residential District and R5(35)-Urban Family Residential District to R5-Urban Family Residential District. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) CCID # 815 - ORDINANCE # 37074 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 3654 Miami Street from R4(35), R5 and R5(35) to R5 - see attached. # 815 - From Chair on File 11. Ord. to rezone property located Southeast of 168th Street and West Maple Road from DR-Development Reserve District to DR-Development Reserve District. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) CCID # 829 - ORDINANCE # 37075 PASSED 7-0 12. Ord. to rezone property located Southeast of 168th Street and West Maple Road from DR-Development Reserve District to R6-Low Density Multiple Family Residential District. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) CCID # 830 - ORDINANCE # 37076 PASSED 7-0 13. Ord. to rezone property located Southeast of 168th Street and West Maple Road from DR-Development Reserve District to MU-Mixed Use District. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) CCID # 831 - ORDINANCE # 37077 PASSED 7-0 - 3 - 1 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southeast of 168th Street and West Maple Road from DR to DR, R6, and MU - Outside City - see attached. # 831 - From Chair on File 14. Ord. to approve a Mixed Use Development Agreement for property located Southeast of 168th Street and West Maple Road between the City of Omaha and Maple Valley, LLC, providing site development standards; and to provide for an effective date - see attached. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) CCID # 832 - ORDINANCE # 37078 PASSED 7-0 15. Res. that the plat entitled MAPLE VALLEY (Lots 1-5 & Outlot A) located Southeast of 168th Street and West Maple Road is hereby approved and accepted - Outside City - over from 6/28/05 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 833 - Adopt 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of MAPLE VALLEY (Lots 1-5 & Outlot A) located Southeast of 168th Street and West Maple Road - Outside City - over from 6/28/06 - see attached. # 833 - From Chair on File 16. Res. that the Subdivision Agreement among the City of Omaha, Maple Valley, LLC, and Sanitary and Improvement District 478 of Douglas County, Nebraska, as recommended by the Mayor, providing for the public improvements, a 1 administrative fee, park fee, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Maple Valley (Lots 1-5 and Outlot A) and is located Southeast of 168th Street and West Maple Road - over from 6/28/05 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 805 - Adopt 7-0 17. Ord. to rezone property located Southwest of 180th Street and West Dodge Road from AG-Agricultural District to DR-Development Reserve District. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) CCID # 834 - ORDINANCE # 37079 PASSED 7-0 - 4 - 18. Ord. to rezone property located Southwest of 180th Street and West Dodge Road from AG-Agricultural District to R6-Low Density Multiple Family Residential District. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) CCID # 835 - ORDINANCE # 37080 PASSED 7-0 19. Ord. to rezone property located Southwest of 180th Street and West Dodge Road from AG-Agricultural District to MU-Mixed Use District. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) CCID # 836 - ORDINANCE # 37081 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southwest of 180th Street and West Dodge Road from AG to DR, R6 and MU - see attached. # 836 - From Chair on File 20. Ord. to approve a Mixed Use Development Agreement for property located Southwest of 180th Street and West Dodge Road between the City of Omaha and Kooper Feldman Partnership, providing site development standards; and to provide for an effective date - see attached. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) CCID # 837 - ORDINANCE # 37082 PASSED 7-0 21. Res. that the plat entitled WEST DODGE HILLS (Lots 1-22 and Outlots A and B) located Southwest of 180th Street and West Dodge Road is hereby approved and accepted - Outside City - over from 6/28/05 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 838 - Adopt 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of WEST DODGE HILLS (Lots 1-22 and Outlots A and B) located Southwest of 180th Street and West Dodge Road - Outside City - over from 6/28/05 - see attached. # 838 - From Chair on File - 5 - . ` 4 22. Res. that the Subdivision Agreement among the City of Omaha, West Dundee Development Co., LLC, the West Dodge Hills Business Owners Association and Sanitary and Improvement District 451 of Douglas County, Nebraska, as recommended by the Mayor, providing for the public improvements, park fee, trails/boulevard fee, 1% administrative fee and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The subdivision is to be known as West Dodge Hills (Lots 1-22 and Outlots A and B) and is located Southwest of 180th Street and West Dodge Road - over from 6/28/05 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 825 - Adopt 7-0 23. Ord. to amend Section 1 of Ordinance No. 36976 passed March 29, 2005, and to provide for the effective date hereof - see attached. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) CCID # 816 - ORDINANCE # 37083 PASSED 7-0 24. Ord. to amend Section 1 of Ordinance No. 36977 passed March 29, 2005, and to provide for the effective date hereof - see attached. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) CCID # 817 - ORDINANCE # 37084 PASSED 7-0 25. Ord. to amend Section 1 of Ordinance No. 36978 passed March 29, 2005, and to provide for the effective date hereof - see attached. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) CCID # 818 - ORDINANCE # 37085 PASSED 7-0 (a) Communication from the Planning Director correcting Ordinance Nos. 36976, 36977, and 36978 approved by the City Council on March 29, 2005 - see attached. # 818 - From Chair on File 26. Res. that the plat entitled Harrison Place located Northeast of 192nd and Harrison Streets, is hereby approved, accepted and renamed as HARRISON PARK - Outside City - over from 6/28/05 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 819 - Adopt 7-0 - 6 - (a) Communication from the Planning Director correcting Resolution No. 308, approved by the City Council on March 29, 2005, by renaming the Final Plat for Harrison Place to HARRISON PARK, located Northeast of 192nd and Harrison Streets - over from 6/28/05 - see attached. # 819 - From Chair on File LIQUOR AND RESOLUTION RE: KENO 27. OFF SALE BEER - Alvin Lane, Inc., dba "Lane's Shell", 8724 North 30th Street. New application, new location. Property posted: 6/21/05. Notification sent: 7/8/05 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Res. # 880 - Application read Motion that the City Council Liquor Rules be suspended Carried 7-0 Grant 7-0 Motion that the City Council Liquor Rules be reinstated Carried 7-0 28. J S Ventures, Inc., dba "Applebee's Neighborhood Grill & Bar", 7450 Dodge Street, requests permission to appoint Rhodri McNee manager of their present Class "I" Liquor License - see attached. CCID # 881 - Approve 7-0 (a) J S Ventures, Inc., dba "Applebee's Neighborhood Grill & Bar", 13208 West Maple Road, requests permission to appoint Rhodri McNee manager of their present Class "I" Liquor License - see attached. CCID # 882 - Approve 7-0 (b) J S Ventures, Inc., dba "Applebee's Neighborhood Grill & Bar", 3350 South 143rd Plaza, requests permission to appoint Rhodri McNee manager of their present Class "I" Liquor License - see attached. CCID # 883 - Approve 7-0 - 7 - (c) J S Ventures, Inc., dba "Applebee's Neighborhood Grill & Bar", 2829 South 181st Street, requests permission to appoint Rhodri McNee manager of their present Class "I" Liquor License - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 884 - Approve 7-0 29. Hinky Dinky Leavenworth, LLC, dba "Wholesale Food Outlet #733", 2900 Leavenworth Street, requests permission to appoint Mark Otzel manager of their present Package Liquor License - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 885 - Approve 7-0 30. 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 Fox & Hound English Pub & Grille, 17602 Wright Street, in Omaha, Nebraska - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 892 - Adopt 7-0 ORDINANCES ON FINAL READING 31. Ord. to approve a Development Agreement for property located at 5334 and 5420 South 70th Street between the City of Omaha and RBH, LLC, providing site development standards; and to provide for an effective date - see attached. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) CCID # 827 - ORDINANCE # 37086 PASSED 7-0 32. Ord. proposing an amendment to Section 5.15 of the Home Rule Charter of the City of Omaha, 1956, as amended, to authorize the purchasing and stores functions of the City to be performed by employees of the City or another governmental entity with whom the City has an agreement for merger of purchasing functions; to delete the requirement that a Purchasing Division, headed by a Purchasing Agent, be established in the Finance Department; to provide for the submission of the proposed amendment to the qualified electors of the City of Omaha for their approval or rejection at the Special City Election to be held on May 9, 2006; to repeal Section 5.15 of the Home Rule Charter of the City of Omaha as heretofore existing; and to provide the effective date hereof - see attached. ((PUBLIC HEARING HELD 7/12/05 - CAN BE PASSED TODAY)) CCID # 824 - ORDINANCE # 37087 PASSED 7-0 - 8 - ✓ *t 33. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described vacant properties located in the Kountze Park - Sacred Heart Infill Housing Redevelopment Plan Area, an area generally defined by 16th Street, Maple Street, 24th Street and Pratt Street, for acquisition, and subsequent use as sites for implementing the Kountze Park - Sacred Heart Infill Housing Redevelopment Plan; provided that as to each specified parcel which cannot be obtained by negotiation, proceedings in eminent domain be undertaken and completed; and, providing for the effective date hereof. Funding shall be payable from the FY 2005 Community Development Block Grant, Fund 12186, Organization 129122 - see attached. ((PUBLIC HEARING HELD 7/12/05 - CAN BE PASSED TODAY)) CCID # 822 - ORDINANCE # 37088 PASSED 7-0 34. Ord. approving an Amendment to the Redevelopment and Tax Increment Financing Loan Agreement with Livestock Exchange Building, L.L.C., 514 Walker Street, Woodbine, IA (formerly 1025 Leavenworth Street, Omaha, NE) approved June 3, 2003, by Ordinance No. 36283 to add $400,000.00 in tax increment financing to assist with the build-out of 40,000 square feet of commercial space on levels one through three of the Livestock Exchange Building for use by One World Community Health Centers and providing for an effective date - see attached. ((PUBLIC HEARING HELD 7/12/05 - CAN BE PASSED TODAY)) CCID # 823 - ORDINANCE # 37089 PASSED 7-0 35. Ord. to approve the execution of an Agreement between the City of Omaha and the U.S. Department of Justice, whereby the City agrees to make certain modifications to the City of Omaha's programs and facilities to ensure that they are in compliance with Title II of the Americans with Disabilities Act of 1990 ("ADA") and that all persons with disabilities have access to the programs and facilities within the City of Omaha - see attached. ((PUBLIC HEARING HELD 7/12/05 - CAN BE PASSED TODAY)) CCID # 828 -Ordinance read ORDINANCE # 37090 PASSED AS AMENDED 7-0 (a) Amendment requested by the Law Department - over from 7/12/05 - see attached. # 828 - Approve 7-0 - 9 - • \ a. \, "PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 36 THROUGH 40 SHALL BE HELD ON THE THIRD READING" ZONING ORDINANCES ON SECOND READING 36. Ord. to adopt a PK-Parking Overlay District, located at 2916 Grant Street, to approve the Parking Plan, and to provide for an effective date - see attached. CCID # 867 - Over to 7/26/05 37. Ord. to rezone property located Northwest of 61st and Ohern Streets from LI-Limited Industrial District and GI-General Industrial District to GI-General Industrial District, portions of which property lie within the floodplain. CCID # 868 - Over to 7/26/05 38. Ord. to rezone property located at 12020 Emmet Street from CC-Community Commercial District to GC-General Commercial District, portions of which property lie within the floodplain. CCID # 875 - Over to 7/26/05 39. Ord. to rezone property located Northeast of 204th Street and George B. Lake Parkway from R6-Low Density Multiple Family Residential District to R4-Single Family Residential District (High Density). CCID # 848 - Over to 7/26/05 40. Ord. to approve amendments to Chapter 55, Sections 55-45, 55-205, 55-225, 55-245, 55-265, 55-325, 55-363, 55-383, 55-403 and 55-765, of the Omaha Municipal Code regarding allowing Bed and Breakfast Inns in the R5, R6, R7, R8 and GO Districts with a Special Use Permit and in the CC, NBD and GC Districts as Permitted Uses; to repeal Chapter 55, Sections 55-45, 55-205, 55-225, 55-245, 55-265, 55-325, 55-363, 55-383, 55-403 and 55-765, as heretofore existing; and to provide for the effective date hereof- see attached. CCID # 869 - Over to 7/26/05 * * * * * * * * * * * * * * * * - 10 - ORDINANCES ON SECOND READING and Planning Board Attachments 41. Ord. vacating the east/west and north/south alleys between 22nd Street and 24th Street from Binney Street to Wirt Street, and providing the effective date hereof- see attached. ((PUBLIC HEARING TODAY)) CCID # 870 - Over to 7/26/05 (a) Planning Board and Planning Department recommend approval of a request to vacate the east/west and north/south alleys between 22"d and 24th Streets from Binney to Wirt Streets - see attached. # 870 - Over to 7/26/05 42. Ord. vacating the east/west alley between Nicholas Street and Lafayette Avenue from 46th Street to the Northwest Radial Highway in the City of Omaha and providing the effective date hereof- see attached. ((PUBLIC HEARING TODAY)) CCID # 871 - Over to 7/26/05 (a) Planning Board and Planning Department recommend approval of a request to vacate the east/west alley between Nicholas Street and Lafayette Avenue from 46th Street to the Northwest Radial Highway - see attached. # 871 - Ove r to 7/26/05 ORDINANCES ON SECOND READING 43. Ord. declaring the necessity for the advanced acquisition of a single family residence located at 4819 South 13th Street in conjunction with the proposed widening of 13th Street from "M" Street to "0" Street, identified as Special Project 30-3B; providing that the City negotiate with the property owners for land acquisition; providing that as to each specified parcel which cannot be obtained by negotiation, condemnation proceedings be undertaken and completed; and, providing for the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) CCID # 872 - Over to 7/26/05 - 11 - r • 52. Res. that the attached Agreement, as recommended by the Mayor, between the City of Omaha and Hope of Glory Christian Fellowship Ministries, Inc., a Nebraska non-profit corporation, 3525 Evans Street, Omaha, Nebraska, 68111, for Supportive Housing funding in the amount of $76,823.00 to be used for "Williams Prepared Place Transitional Housing Program," is hereby approved. Funds in the amount of $76,823.00 shall be paid from the'Continuum of Care Supportive Housing Grant Fund NE26B401008 (FY 2004, Fund 12184, Organization 129014); and that the Mayor is authorized to approve all revisions to this Supportive Housing Program Grant Agreement, as approved by HUD, except that revisions involving a change in the subrecipient, a change in the project site, or a change in the category of participants to be served shall require the prior approval of the City Council - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 894 - Adopt 7-0 53. Res. that the nomination and reappointment by Councilmember Frank Brown of Betty Jo Hawkins as an at large member of the Civil Rights Hearing Board from Council District Two, to serve a three-year term commencing upon confirmation by the City Council and expiring three years thereafter, be and hereby is confirmed and approved - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 897 - Adopt 7-0 54. Res. that the City Council of the City of Omaha does hereby approve the settlement of the case entitled Linda McIntosh v. City of Omaha, Stan Timm, Pat Burke and John Leming, filed in the United States District Court for the District of Nebraska found at docket number 8:03CV528, in the amount of$49,500.00 in full and complete satisfaction and settlement of this case. The Law Department of the City of Omaha is hereby authorized and empowered to execute and deliver and approve and receive all appropriate settlement documents to cause the conclusion of said case, including the Settlement Agreement and any necessary releases, and that the funds to satisfy the same shall be paid out of the Contingent Liability Reserve Fund No. 12112 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 898 Adopt 7-0 CHAIRMAN OF THE BOARD OF EQUALIZATION Equalization reports approval of Plan of Assessment; 55. Chairman of the Board of E ua , q p pp with adjustments made at their regular meeting held July 12, 2005 - see attached. ((MOTION NEEDED TO APPROVE)) CCID # 896 - Approve 7-0 - 14 - • sJ EXECUTIVE SESSION 56. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. Adjourned: 2:36 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. - 15 -