2004-06-29j C
"CORRECTED"
CITY COUNCIL AGENDA FOR JUNE 29, 2004
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 # 799 - Present: Gernandt, Kraft, Sigerson, Thompson, Welch,
Brown, Mr. President
2. Pledge of Allegiance.
3. Invocation by Councilmember Franklin 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 June 25, 2004, notice re: Pre-Council and Regular City Council
Meetings, June 29, 2004.
CCID # 800 - From Chair on File
PRESENTATION
5. Teachers from Braunschweig, Germany.
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.
1—
ZONING ORDINANCES ON FINAL READING and Planning Board Attachments
6. Ord. to rezone property located southeast of 72nd and Pacific Streets from
MU-Mixed Use District to DR-Development Reserve District (portions of which
property lie within the designated floodplain and floodway) - over from 6/22/04
and continue the Public Hearing. ((PUBLIC HEARING CONTINUED TO TODAY
- CAN BE PASSED TODAY))
CCID # 600 - ORDINANCE # 36681 PASSED 7-0
7. Ord. to rezone property located southeast of 72nd and Pacific Streets from
MU-Mixed Use District to MU-Mixed Use District (portions of which property lie
within the designated floodplain and floodway) - over from 6/22/04 and continue
the Public Hearing. ((PUBLIC HEARING CONTINUED TO TODAY CAN BE
PASSED TODAY))
CCID # 601 - ORDINANCE # 36682 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
A request to rezone property located southeast of 72nd and Pacific
Streets from MU to DR and MU (portions of which property lie
within the designated floodplain and floodway) - over from 6/22/04 -
see attached.
# 601 - From Chair on File
8. Ord. to approve a Mixed Use Development Agreement for property located
southeast of 72nd and Pacific Streets between the City of Omaha and First Data
Resources, Inc., providing site development standards; and to provide for an
effective date - over from 6/22/04 and continue the Public Hearing - see
attached. ((PUBLIC HEARING CONTINUED TO TODAY - CAN BE PASSED
TODAY))
CCID # 621 -Ordinance read
ORDINANCE # 36683 PASSED AS AMENDED 7-0
(a) Amendment requested by the Planning Department - over from
6/22/04 - see attached.
# 621 - Approve 7-0
- 2 -
A.
9. Res. that the replat transmitted herewith entitled AK-SAR-BEN BUSINESS &
EDUCATION CAMPUS REPLAT 4, located southeast of 72nd and Pacific Streets,
is hereby approved, and concurrently a portion of the existing plat entitled AK-
SAR-BEN BUSINESS & EDUCATION CAMPUS REPLAT 1, and described on
said replat, is hereby vacated - Inside City - over from 6/22/04 and continue the
Public Hearing - see attached. ((PUBLIC HEARING CONTINUED TO TODAY -
CAN BE ADOPTED TODAY))
Res. # 602 - Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
' the Final Plat of AK-SAR BEN BUSINESS & EDUCATION
CAMPUS REPLAT 4 located southeast of 72nd and Pacific Streets -
Inside City - over from 6/22/04 - see attached.
# 602 - From Chair on File
10. Res. that the Subdivision Agreement between the City of Omaha and First Data
Resources, Inc., as recommended by the Mayor, providing for the public
improvements, release of easement, and sewer connections to the Omaha sewer
system, is hereby approved; that the Finance Department shall deposit the
$30,672.58 payment for the easement release into the 2003 Bond Fund No.
13175. The Subdivision is to be known as Ak-Sar-Ben Business and Education
Campus Replat 4 which will be located southeast of 72nd and Pacific Streets -
over from 6/22/04 and continue the Public Hearing - see attached. ((PUBLIC
HEARING CONTINUED TO TODAY - CAN BE ADOPTED TODAY))
Res. # 620 - Adopt 7-0
"PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NOS. 11 THROUGH 16
SHALL BE LAID OVER TWO WEEKS FOR
PUBLICATION AND PUBLIC HEARING"
RESOLUTIONS RE: PRELIMINARY PLATS, PLATS AND SUBDIVISION AGREEMENT
11. Res. that the replat transmitted herewith entitled Riverfront Place, located east of
Riverfront Drive and Cuming Street, is hereby approved, and concurrently a
portion of the existing plat entitled. Gallup Riverfront University Campus, and
described on said replat, is hereby vacated - Inside City - see attached.
CCID # 821 - Over 2 wks. to 7/13/04 for publication and Public Hearing
pursuant to City Council Rule VII E
- 3 -
AWN
(a) Planning Board and Planning Department recommend approval of
the final plat of RIVERFRONT PLACE located east of Riverfront
Drive and Cuming Street - Inside City - see attached.
# 821 - Over to 7/13/04
12. Res. that the replat transmitted herewith entitled DHS/INS SITE (formerly
GSA/INS Homeland Security Office), located southeast of 15th Street East and
Avenue H, is hereby approved, and concurrently a portion of the existing plat
entitled Goff Terrace, and described on said replat, is hereby vacated - Inside
City - see attached.
CCID # 805 - Over 2 wks. to 7/13/04 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 DHS/INS SITE (Formerly GSA/INS Homeland
Security Office) located southeast of 15th Street East and Avenue H
- Inside City - see attached.
# 805 - Over to 7/13/04
13. Res. that the preliminary plat entitled LADD PLACE located northwest of Bedford
Avenue and J. A. Creighton Boulevard, with a waiver of Section 53-8(4)(a)
Minimum Lot Depth, is hereby accepted; and, the preparation of the final plat of
this subdivision is hereby authorized - Inside City - see attached.
CCID # 818 - Over 2 wks. to 7/13/04 for publication and Public Hearing
pursuant to City Council Rule VII E
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of LADD PLACE located northwest of Bedford
Avenue and J. A. Creighton Boulevard - Inside City - see attached.
- # 818 - Over to 7/13/04
14. Res. that the replat transmitted herewith entitled LADD PLACE, located
northwest of Bedford Avenue and J.A. Creighton Boulevard, is hereby approved,
and concurrently a portion of the existing plat entitled Bedford, and described on
said replat, is hereby vacated - Inside City - see attached.
CCID # 806 - Over 2 wks. to 7/13/04 for publication and Public Hearing
pursuant to City Council Rule VII E
-4 -
4
(a) Planning Board and Planning Department recommend approval of
the Final Plat of LADD PLACE located northwest of Bedford
Avenue and J.A. Creighton Boulevard - Inside City - see attached.
# 806 - Over to 7/13/04
15. Res. that the preliminary plat entitled CLARKSON COLLEGE ADDITION located
southeast of 42nd and Dodge Streets, is hereby accepted; and, the preparation of
the final plat of this subdivision is hereby authorized - Inside City - see attached.
CCID # 819 - Over 2 wks. to 7/13/04 for publication and Public Hearing
pursuant to City Council Rule VII E
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of CLARKSON COLLEGE ADDITION located
southeast of 42nd and Dodge Streets - Inside City - see attached.
# 819 - Over to 7/13/04
16. Res. that the replat transmitted herewith entitled CLARKSON COLLEGE
ADDITION, located southeast of 42nd and Dodge Streets, is hereby approved,
and concurrently a portion of the existing plat entitled Jerome Park, and
described on said replat, is hereby vacated - Inside City - see attached.
CCID # 820 - Over 2 wks. to 7/13/04 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 CLARKSON COLLEGE ADDITION located
southeast of 42nd and Dodge Streets - Inside City- see attached.
# 820 - Over to 7/13/04
* * * * * * * * * * * * * * * *
- 5-
Sim
"PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD JULY 6, 2004,
AGENDA ITEM NOS. 17 THROUGH 18
SHALL BE LAID OVER THREE WEEKS TO JULY 20, 2004"
17. Res. that the replat transmitted herewith entitled COTTONWOOD CREEK
REPLAT ONE, located Northeast of 192nd and "X" Streets, is hereby approved,
and concurrently a portion of the existing plat entitled Cottonwood Creek, and
described on said replat, is hereby vacated - Outside City - see attached.
CCID # 804 = Over 3 wks. to 7/20/04 pursuant-to City Council Rule VII H
(a) Planning Board and Planning Department recommend approval of
the Final Plat of COTTONWOOD CREEK REPLAT ONE located
Northeast of 192nd and "X" Streets - Outside City - see attached.
# 804 - Over to 7/20/04
18. Res. that the Subdivision Agreement among the City of Omaha, Sanitary and
Improvement District 505 of Douglas County, Nebraska, Cottonwood Creek, Inc.,
and Cottonwood Creek Homeowners Association as recommended by the
Mayor, providing for the public improvements, administrative fee, neighborhood
park fee, trails boulevard fee, and sewer connection to the Omaha Sanitary
Sewer System, is hereby approved. The Subdivision is to be known as
Cottonwood Creek Replat One (Lots 1-92) and is located Northeast of 192nd and
"X" Streets - see attached.
CCID # 824 - Over 3 wks. to 7/20/04 pursuant to City Council Rule VII H
* * * * * * * * * * * * * * * *
RESOLUTIONS RE: VARIANCE AND VACATING
19. Res. that the City Council of the City of Omaha does hereby approve a variance
to the Urban Development Element of the Omaha Master Plan to allow an
approximately 48-acre subdivision in the Future Development Zone located
Southwest of 200th and "F" Streets, provided the conditions set out in Exhibit "A"
are complied with - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 811 - Adopt 7-0
- 6 -
FEW
(a) Planning Board and Planning Department recommend approval of
a variance to the Present Development Zone boundary of the
Urban Development Element of the City of Omaha Master Plan to
allow an approximately 48-acre subdivision with approximately 122
single family lots located Southwest of 200th and "F" Streets - see
attached.
# 811 - From Chair on File
20. Res. that the City Council of the City of Omaha recommends to the Douglas
County Board of Commissioners the vacation of 126th Street from Hanover Street
to State Street, pursliabt to Exhibit "A", a copy of which is attached hereto and
made a part hereof by this reference. Further, that the City Clerk is authorized to
file a certified copy of this Resolution in the Office of the County Clerk - see
attached. ((PUBLIC HEARING TODAY- CAN BE ADOPTED TODAY))
Res. # 822 - Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the vacation of 1 26th Street from Hanover Street to State Street -
Outside City - see attached.
# 822 - From Chair on File
LIQUOR
21. MJL Enterprises, Inc., dba "McFIy's Center Street Tavern", 4503 Center Street,
requests permission for an addition to their present Class "C/K" Liquor Licenses
of a lower level area approximately 60' x 30' and 12' x 15' - over from 6/8/04 and
continue the Public Hearing - see attached. ((PUBLIC HEARING CONTINUED
TO TODAY - CAN BE APPROVED TODAY))
CCID # 710 -Application read
Approve as Amended 7-0
(a) Communication from Jeff Lampe, Co-owner of MJL Enterprises,
Inc., dba "McFly's Center Street Tavern", 4503 Center Street,
requesting to amend their application for an addition to their present
Class "C/K" Liquor Licenses to add a utility room approximately 20'
x 40' - over from 6/8/04 - see attached.
# 710 - From Chair on File
- 7 -
(b) Communication from Jeffrey Lampe, Co-owner, MJL Enterprises,
Inc., dba "McFly's Center Street Tavern", 4503 Center Street,
requesting an amendment to their application for an addition to their
present Class "C/K" Liquor Licenses to license the entire basement
area approximately 50' x 60' - see attached.
# 710 - Approve 7-0
22. CLASS "C" - La Botana, Inc., dba "La Botana", 4623 South 33rd Street. New
application, old location. CHANGE OF STOCKHOLDERS - over from 6/15/04
and continue the Public Hearing - see attached. ((PUBLIC HEARING
CONTINUED TO TODAY - MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
Res. # 761 - Application read
Grant as Amended 7-0
(a) Communication from Norman Denenberg, Attorney, representing
La Botana, Inc., dba "La Botana", 4623 South 33rd Street,
requesting to amend their application for a Class "C" Liquor License
to a Class "I" Liquor License - over from 6/15/04 - see attached.
# 761 - Approve 7-0
23. Fuglys, LLC, dba "Club Roxbury/The Rox", 10841 "Q" Street, Suite 120, requests
permission for a Special Designated License for private parties at 10841 "Q"
Street, Suite 123 on July 2, 3, 9, 10, 16, 17, 23, 24, 30 & 31, 2004 and August 6
and 7, 2004 from 6:00 p.m. to 1:00 a.m. - over from 6/22/04 - see attached.
((PUBLIC HEARING HELD 6/22/04 - CAN BE APPROVED TODAY))
CCID # 797 - Motion to allow the applicant to withdraw their application for
July 2, 3, 9 and 10, 2004 and lay the remaining application over 2 wks. to
7/13/04 Carried 7-0
(a) Communication from Michael Kelley, Attorney, representing
Fugly's, LLC, dba "Club Roxbury/The Rox", 10841 "Q" Street, Suite
120, requesting that their applications for Special Designated
Licenses for July 16-17, 23-24, 30-31, 2004 and August 6-7, 2004
be laid over 2 weeks to July 13, 2004.
# 797 - From Chair on File
- 8 -
pal
•
24. CLASS "C" - Anstine, Pamala A., dba "Ton 80" Bar & Grill, 8602 Maple Street.
New application, old location. Present licensee is Williams, Kevin, dba "Jonesy's
Café & Sports Lounge", 8602 Maple 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. # 830 - Application read
Grant as Amended 7-0
(a) Communication from James H. Moylan, Attorney, representing
Anstine, Pamala A., dba "Ton 80" Bar & Grill, 8602 Maple Street,
requesting-to amend their application for a`Ctass "C" Liquor License
to a Class "I" Liquor License - see attached.
# 830 - Approve 7-0
25. CLASS "C" - GMT, LLC, dba "Miracle Hill Golf and Tennis Center", 1401 North
120th Street. New application, old location. Present licensee is JEH, Ltd., dba
"Miracle Hill Golf and Tennis Center", 1401 North 120th 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. # 831 - Application read
Grant as Amended 7-0
(a) Communication from John Morrow, Attorney, representing GMT,
LLC, dba "Miracle Hill Golf and Tennis Center", 1401 North 120th
Street, requesting to amend their application for a Class "C" Liquor
License to license the clubhouse and patio areas only - see
attached.
# 831 - Approve 7-0
•
26. PACKAGE - Super Bee Mart, Inc., 2611 St. Marys Avenue. New application,
new location. Property posted: 6/11/04. Notification sent: 6/18/04 - see
attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR
MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR
DENY))
Res. # 832 - Grant 7-0
- 9 -
Allow
27. Long Time, Inc., dba "Bebos Grill", 13110 Birch Drive, requests permission for an
addition to their present Class "I" Liquor License to add an outdoor dining deck
approximately 30' x 25' to the south - see attached. ((MOTION NEEDED TO
APPROVE OR NOT TO APPROVE))
CCID # 833 -Application read
Motion to suspend City Council Liquor Rules Carried 7-0
Approve 7-0
Motion to reinstate City Council Liquor Rules Carried 7-0
28. Sam's West, Inc., dba "Sam's Club #8146", 11911 "I" Street, requests permission
for a change of location of their-present Package Liquor License to 13130 "L"
Street - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO
APPROVE))
CCID # 834 -Approve 7-0
29. Shopko Stores, Inc., dba "Shopko #046", 5646 North 90th Street, requests
permission to appoint Michael J. Wilkes manager of their pending Package
Liquor License - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO
APPROVE))
CCID # 835 - Motion to allow the applicant to withdraw Carried 7-0
(a) Communication from Shopko Stores, Inc., dba "Shopko #046",
5646 North 90th Street, requesting withdrawal of the application to
appoint Michael Wilkes manager of their present Package Liquor
License.
# 835 - From Chair on File
ORDINANCES ON FINAL READING
30. Ord. proposing an amendment to Sections 3.07, 3.14A, 4.04 and 6.01 of the
Home Rule Charter of the City of Omaha, 1956, as amended, to change the
name of the Human Relations Department to the Human Rights and Relations
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 April 5, 2005; to repeal Sections 3.07, 3.14A,
4.04 and 6.01 of the Home Rule Charter of the City of Omaha as heretofore
existing; and to provide the effective date hereof - over from 6/22/04 - see
attached. ((PUBLIC HEARING HELD 6/15/04 - CAN BE PASSED TODAY))
CCID # 728 -Over to later in the meeting
ORDINANCE # 36686 PASSED 4-3 Yeas: Gernandt,
Kraft, Thompson, Brown Nays: Sigerson, Welch, Vokal
- 10 -
•
31. Ord. to amend Sections 22-63 and 22-74 of the Omaha Municipal Code and to
add new sections numbered 22-94, 22-95, 22-96, 229-97 and 22-98 to Chapter
22, Article III. "Police and Fire Retirement System" to comply with federal statutes
pertaining to qualified pension plans; to define the term "annual benefit", to
broaden the types of military service for which service credit may be granted; to
specify a maximum benefit; to include an annual compensation limit for benefit
accrual purposes; to provide for rollovers to eligible retirement plans; to require
minimum distributions; to prohibit forfeitures from certain uses; and to provide an
effective date - see attached. ((PUBLIC HEARING HELD 6/22/04 - CAN BE
PASSED TODAY))
CCID# 651 - ORDINANCE # 36684 PASSED 7-0
(a) Communication from Rod Austin, Council Staff Assistant, re: Police
and Fire Pension Plans - over from 6/22/04 - see attached.
# 651 - From Chair on File
32. Ord. to temporarily alter the Omaha Municipal Code Restrictions on the sale of
alcoholic liquor before 12:00 noon on Sundays; to authorize sale of beer, wine,
and distilled spirits commencing at 8:00 a.m. on Independence Day, Sunday,
July 4, 2004, by the holders of special designated licenses for that date; to
establish a procedure to receive such special designated licenses; to impose an
additional $25.00 occupation tax; and to provide an effective date immediately
upon passage - see attached. ((PUBLIC HEARING HELD 6/22/04 - CAN BE
PASSED TODAY))
CCID # 768 - ORDINANCE # 36685 PASSED 7-0
"PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD JULY 6, 2004,
THE THIRD READING AND PUBLIC HEARINGS
ON AGENDA ITEM NOS. 33 THROUGH 34
SHALL BE HELD ON JULY 13, 2004"
ZONING ORDINANCES ON SECOND READING
33. Ord. to rezone property located southeast of Wenninghoff Road and State Street
from DR-Development Reserve District to R4-Single Family Residential District
(High-Density).
CCID # 775 - Over to 7/13/04
- 11 -
34. Ord. to rezone property located southeast of 15th and Jones Streets from
DS-Downtown Service District to CBD-Central Business District.
CCID # 782 - Over to 7/13/04
* * * * * * * * * * * * * * * *
ORDINANCES ON SECOND READING
35. Res. that the attached 33`d and Spaulding Area Redevelopment Plan, prepared
by the Omaha City Planning Department, be and hereby is approved as the
Redevelopment Plan for the redevelopment area generally bounded by
Spaulding Street on the north, the vacated railroad line on the east, the alley
south of Manderson Street on the south and 34th Avenue on the west. Funding
shall be payable from FY 2004 Community Development Block Grant funds,
Fund No. 12186, Organization No. 129147 - over from 6/8/04 for publication and
Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY -
CAN BE ADOPTED TODAY))
Res. # 745 - Adopt 6-0
36. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described vacant and improved properties located in the 33`d
and Spaulding Area Redevelopment Plan Area, in an area generally defined by
Spaulding Street on the north, the vacated railroad line on the east, the alley
south of Manderson Street on the south and 34th Avenue on the west, for
acquisition, relocation as appropriate, and subsequent use as sites for
implementing the 33`d-and Spaulding Area Redevelopment Plan; provided that as
to each specified parcel which cannot be obtained by negotiation, proceedings in
eminent domain be undertaken and completed; and, providing for the effective
date hereof. Funding shall be payable from FY 2004 Community Development
Block Grant funds, Fund No. 12186, Organization No. 129147 - see attached.
((PUBLIC HEARING TODAY))
CCID # 779 - Over to 7/13/04
- 12 -
37. Ord. to amend sections 6-1, 6-80, 6-109, 6-144 and 6-231 of the Omaha
Municipal Code; to provide that the definitions in section 6-1 apply to Chapter 6 in
its entirety; to add a definition to section 6-1 for animal rescue; to provide an
exception for sale of animals by animal rescues; to delete obsolete language
pertaining to State licensing of animal rescues; to permit an owner of a dog to
have such dog implanted with microchip identification in lieu of the requirement
that such dog bear an identification tag at all times; to waive the pet animal
avocation initial inspection fee for animal rescues; to specify pet shops'
examination and certification requirements for disease and congenital defects in
dogs and cats; to specify dog and cat vaccination requirements for pet shops; to
repeal sections 6-1, 6-80, 6-109, 6-144 and 6-231 as heretofore existing; and to
provide an effective date - see attached. ((PUBLIC HEARING TODAY))
CCID # 778 - Over to 7/13/04
(a) Document submitted by Judy Varner, Nebraska Humane Society,
re: Concerns regarding the proposed amendments to Chapter 6 of
the Omaha Municipal Code entitled "Animals".
# 778 - Over to 7/13/04
(b) Document submitted by Nancy Elliott re: proposed amendments to
Chapter 6, entitled "Animals".
# 778 - Over to 7/13/04
38. Ord. to amend Chapter 40 of the Omaha Municipal Code entitled "Mechanical
Code," by requiring that the installation, repair, or similar work regarding
ammonia refrigeration be conducted by a person with a refrigeration pipefitter's
license, and that a permit be obtained from the City for such work; to provide
regulations for the licensure, permitting, and inspection of refrigeration pipefitter
work; to repeal sections 40-458, 40-459, 40-475, 40-478, 40-490, 40-491, 40-
492, 40-493, 40-495, 40-497, 40-498, 40-499, 40-501, 40-502, 40-503, 40-504,
40-505, 40-537, 40-540, 40-553, 40-555, 40-565, and 40-567 as heretofore
existing; and to provide the effective date thereof - see attached. ((PUBLIC
HEARING TODAY))
CCID # 766 - Over to 7/13/04
(a) Communication from Robert A. Hillebrandt, President, LoTemp
Equipment Company, opposing the proposed changes to the
Mechanical Code - see attached.
# 766 - Over to 7/13/04
- 13 -
(b) Communications opposing the proposed changes to the
Mechanical Code.
# 766 - Over to 7/13/04
(c) Document submitted by Barney McNeil, McNeil Refrigeration, re:
proposed changes to Mechanical Code.
# 766 - Over to 7/13/04
39. Ord. to approve the Professional Services Agreement between the CITY OF
OMAHA and NEBRASKA STATE PROBATION under the Rural Domestic
Violence and Child Victimization Enforcement Discretionary Grant Award #2003-
WR-BX-0050 from the U.S. Department Of Justice Office Of Justice Programs,
Office On Violence Against Women. Nebraska State Probation will fund the
Domestic Violence Probation Victim Specialist(VS) position for two years; these
appropriations involve more than one fiscal year in conformity with Section 5.17
of the Home Rule Charter; providing for payment from a specific account; and,
providing for the effective date hereof - see attached. ((PUBLIC HEARING
TODAY))
CCID # 774 - Over to 7/13/04
40. Ord. to approve the Professional Services Agreement between the CITY OF
OMAHA and the YOUNG WOMEN'S CHRISTIAN ASSOCIATION (YWCA) under
the Rural Domestic Violence and Child Victimization Enforcement Discretionary
Grant Award #2003-WR-BX-0050 from the U.S. Department Of Justice Office Of
Justice Programs, Office On Violence Against Women. The YWCA will fund a
Domestic Violence/Child Protection Service (DV/CPS) Advocate. This DV/CPS
advocate position will collaborate with the Nebraska Health and Human Service.
The YWCA will also fund a Legal Advocate and a Child Counselor; these
appropriations involve more than one fiscal year in conformity with Section 5.17
of the Home Rule Charter; providing for payment from a specific account; and,
providing for the effective date hereof - see attached. ((PUBLIC HEARING
TODAY))
CCID # 780 - Over to 7/13/04
- 14 -
"PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NOS. 41 THROUGH 43
SHALL BE LAID OVER TWO WEEKS
FOR PUBLICATION AND PUBLIC HEARING"
SPECIAL USE PERMIT - FINANCIAL SERVICES
41. Res. that the Special Use Permit application submitted by Security National Bank
for permission to allow Financial Services in a GI-General Industrial District,
- located Southeast of 30th and_'L" Streets, 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.
CCID # 812 - Over 2 wks. to 7/13/04 for publication and Public Hearing
pursuant to City Council Rule VII E
(a) Planning Board and Planning Department recommend approval of
the request of Security National Bank for a Special Use Permit to
allow Financial Services in a GI District located southeast of 30th
and "L" Streets - see attached.
# 812 - Over to 7/13/04
SPECIAL USE PERMIT - BROADCAST TOWER
42. Res. that the Special Use Permit application submitted by US Cellular for
permission to allow a Broadcast Tower in a DR-Development Reserve District
with a waiver of Section 55-108, Height, to allow a 115' high tower, located at
12200 Burke Boulevard, 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.
CCID # 813 - Over 2 wks. to 7/13/04 for publication and Public Hearing
pursuant to City Council Rule VII E
- 15 -
(a) Planning Board and Planning Department recommend approval of
the request of US Cellular for a Special Use Permit to allow a
Broadcast Tower in a DR district, with a waiver of Section 55-108,
Height to allow a 115' high tower located at 12200 Burke Boulevard
- see attached.
# 813 - Over to 7/13/04
SPECIAL USE PERMIT - LARGE PROJECT
43. Res:=that the application submitted by Hy-Vee, Inc. for a major amendment to a
Large Project Special Use Permit to allow a convenience store with gas pumps in
a CC-Community Commercial District, located Northeast of 132nd Street and
West Dodge 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.
CCID # 815 - Over 2 wks. to 7/13/04 for publication and Public Hearing
pursuant to City Council Rule VII E
(a) Planning Board and Planning Department recommend approval of
the request of Hy-Vee, Inc. for a Major amendment to a Large
Project Special Use Permit in a CC District located northeast of
132nd Street and West Dodge Road - see attached.
# 815 - Over to 7/13/04
* * * * * * * * * * * * * * * *
RESOLUTIONS
44. Res. that the Amendment to the Subdivision Agreement between the City of
Omaha and First Data Resources, Inc., as recommended by the Mayor, revising
the public improvements to be installed by First Data Resources, Inc. and
releasing the access easement shown on Lot 2 of the plat, is hereby approved.
The Subdivision is known as Irvington Technology Park which is located
Northeast of Vernon Avenue and Sorensen Parkway - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 825 - Adopt 7-0
- 16 -
•
45. Res. authorizing the Purchasing Agent to issue a Purchase Order to Husker Auto
Group for the purchase of a 9,400 GVW cargo van to be utilized by the Traffic
Engineering Division in the amount of $21,597.00 to be paid from the Traffic
Engineering Equipment Organization 116191, Street and Highway Allocation
Fund 12131, year 2004 expenditure - see attached. ((PUBLIC HEARING TODAY
- CAN BE ADOPTED TODAY))
Res. # 826 - Adopt 7-0
46. Res. authorizing the Purchasing Agent to issue a Purchase Order to Wick's
Sterling Trucks, Inc. for the purchase of a 58,000 GVW truck chassis and cab to
be utilized by the-Sewer Maintenance Division in the amount of $76,119.00 to be
paid from the Sewer Maintenance Organization 116511, Sewer Revenue Fund
21121, year 2004 expenditure - see attached. ((PUBLIC HEARING TODAY -
CAN BE ADOPTED TODAY))
Res. # 829 - Adopt 7-0
47. Res. that the Purchasing Agent is authorized to issue a purchase order to Ready
Mixed Concrete Co. for a Price Agreement to run through April 30, 2005 for
ready mixed concrete in various quantities to be delivered to job sites throughout
the city; further that the Finance Department is authorized to pay the cost of
ready mixed concrete purchased under this Price Agreement from the Street
Maintenance Organization 116142, Street and Highway Allocation Fund 12131,
year 2004 expenditure - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 827 - Adopt 7-0
48. Res. that the City accepts and the Mayor is authorized to execute the following
Supportive Housing Program Grant Agreement between the City of Omaha and
the US Department of Housing and Urban Development: NE26B301011 for the
"Youth Street Outreach Drop-In Center" project in the amount of $75,881.00 (FY
2003, Fund 12184, Organization 129033); further 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. # 816 - Adopt 7-0
- 17 -
49. Res. that the attached Agreement, as recommended by the Mayor, between the
City of Omaha and Youth Emergency Services, a Nebraska Non-Profit
Corporation, 3910 Harney Street, Omaha, NE 68131, for Supportive Housing
funding in the amount of $75,881.00 to be used for "Youth Street Outreach Drop-
In Center," is hereby approved. Funds in the amount of $75,881.00 shall be paid
from the Continuum of Care Supportive Housing Grant Fund NE26B301011 (FY
2003, Fund 12184, Organization 129033); further 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. # 814 - Adopt 7-0
50. Res. that, as recommended by the Mayor, the attached Amendment to the
Agreement with the Omaha Small Business Network, Inc., a Nebraska Nonprofit
Corporation, 2505 North 24th Street, Omaha, Nebraska 68110, approved on June
17, 2003 by Resolution No. 791, to extend the term of the Agreement to May 31,
2005, to provide additional CDBG funding in an amount not to exceed
$250,000.00 for technical assistance activities and capital improvements to
OSBN facilities and to clarify the CDBG national objective met by each eligible
activity in this Agreement and the reporting requirements for each activity is
hereby approved. Funds remaining in the original Agreement in the amount of
$27,551.25 shall be payable from FY 2003 Community Development Block Grant
Program and additional funds in the amount of $250,000.00 shall be payable
from FY 2004 Community Development Block Grant Program, Fund No. 12186,
Organization 129131 - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 817 - Adopt 7-0
51 . Res. that the Mayor is authorized to sign and the City Clerk to attest, the
agreement with Sides & Associates, Inc. for professional engineering services for
the Weircrest Soccer Complex, 6132 "Q" Street, Omaha, Nebraska, and the
attached Agreement, which is incorporated herein by this reference, is hereby
approved. Funds for 2004 in the amount of $42,333.29 shall be paid from the
Miscellaneous Contribution Fund No. 12117, Organization No. 124052, Nebraska
State Soccer Association, Project No. 0056-Weircrest Soccer Complex - see
attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 828 - Adopt 7-0
- 18 -
52. 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, 2004 through December 31, 2004 is hereby approved.
That the Finance Director is authorized to provide payment in the amount of
$350,000.00 pursuant to the terms of such agreement from Omaha Keno/Lottery
Fund 12118, Organization 126021 - see attached. ((PUBLIC HEARING TODAY -
CAN BE ADOPTED TODAY))
Res. # 801 - Adopt 7-0
53. Res. that, as recommended by the Mayor, the contract in the amount of
$77,000:00"between Analyst International and the City of Omaha-is approved by
resolution of this Council; further that the Finance Director is authorized to pay
the cost of this contract from the Juvenile Accountability Incentive Block Grant
Program — Fund 12159, Organization 130726 - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 794 - Adopt 7-0
54. Res. that the appointment by Mayor Mike Fahey of Thomas O. Kelley as a
member of the Library Board is hereby confirmed. Such term shall commence on
the date of confirmation by the City Council and shall expire on June 30, 2007 -
see attached. ((PUBLIC HEARING TODAY- CAN BE ADOPTED TODAY))
Res. # 837 - Adopt 7-0
"PURSUANT TO CITY COUNCIL RULE VII F
AGENDA ITEM NOS. 55 THROUGH 56
SHALL BE LAID OVER THREE WEEKS
FOR PUBLICATION AND PUBLIC HEARING"
55. Res. that COURTLAND PLACE NO. 1, LLC Tax Increment Financing
Redevelopment Plan is the project implementation plan for the RAIL LINE ROWS
(83 ROWHOUSES) TIF Redevelopment Project, as prepared by the Omaha City
Planning Department. The plan contains a provision for the division of ad
valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of
Nebraska, be and hereby is approved as the Redevelopment Plan for the
COURTLAND PLACE NO. 1, LLC RAIL LINE ROWS (83 ROWHOUSES) TIF
Redevelopment Project Plan Area consisting of Lot 2 COURTLAND PLACE
REPLAT 2 and LOT 2, COURTLAND PLACE REPLAT as platted and recorded
in Douglas County, Nebraska, together with the adjacent rights-of-way, located
between 11 th and 12th Streets on the south side of Leavenworth Street - see
attached.
CCID # 839 - Over 3 wks. to 7/20/04 for publication and Public Hearing
pursuant to City Council Rule VII F
- 19 -
56. Res. that the 701 SOUTH 15, LLC Tax Increment Financing Redevelopment
Plan is the implementation plan for the 701 SOUTH 15, LLC TIF Redevelopment
Project, as prepared by the Omaha City Planning Department, which contains a
provision for the division of ad valorem taxes under Section 18-2147 through 18-
2150, Revised Statutes of Nebraska, be and hereby is approved as the
Redevelopment Plan for the 701 SOUTH 15, LLC Redevelopment Project Plan
Area consisting of Lots 3 & 4, Block 196, City Lots as platted and recorded in
Douglas County, Nebraska, together with the adjacent rights-of-way, located at
15th and Jones Streets - see attached.
CCID # 840 - Over 3 wks. to 7/20/04 for publication and Public Hearing
pursuant to City Council Rule VII F
* * * * * * * * * * * * * * * *
"PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD JULY 6, 2004,
THE THIRD READING AND PUBLIC HEARINGS
ON AGENDA ITEM NOS. 57 THROUGH 62
SHALL BE HELD ON JULY 20, 2004"
ZONING ORDINANCES ON FIRST READING and Planning Board Attachments
57. Ord. to rezone properties located at 2519, 2521, 2527, 2533 Parker Street and
2502, 2503, 2508, 2509, 2514, 2519, 2520, 2525, 2526, 2531, 2532, 2606, 2607,
2609, 2610, 2616, and 2623 Decatur Street from R7-Medium Density Multiple
Family Residential District to R4-Single Family Residential District (High Density).
CCID # 808 - Hearing 7/20/04
(a) Planning Board and Planning Department recommend approval of
a request to rezone properties located at 2519, 2521, 2527, 2533
Parker Street and 2502, 2503, 2508, 2509, 2514, 2519, 2520,
2525, 2526, 2531, 2532, 2606, 2607, 2609, 2610, 2616, and 2623
Decatur Street from R7 to R4 - see attached.
# 808 - Over to 7/20/04
58. Ord. to rezone property located at 1307 South Saddle Creek Road from
GC-General Commercial District to CC-Community Commercial District.
CCID # 807 - Hearing 7/20/04
- 20-
,
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located at 1307 South Saddle Creek
Road from GC to CC - see attached.
# 807 - Over to 7/20/04
59. Ord. to rezone property located Southwest of 39th and "D" Streets from
R4(35)-Single Family Residential District (High-Density) to R5-Urban Family
Residential District.
CCID # 809 - Hearing 7/20/04
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Southwest of 39t and "D"
Streets from R4(35) to R5 - see attached.
# 809 - Over to 7/20/04
60. Ord. to rezone property located at 5310 South 107th Avenue from R8-High
Density Multiple Family Residential District to LO-Limited Office District.
CCID # 810 - Hearing 7/20/04
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located at 5310 South 107th Avenue
from R8 to LO - see attached.
#810 - Over to 7/20/04
61. Ord. to rezone property located Northeast of 192nd and "X" Streets from AG-
Agricultural District to DR-Development Reserve District.
CCID # 802 - Hearing 7/20/04
62. Ord. to rezone property located Northeast of 192nd and "X" Streets from AG-
Agricultural District to R4-Single Family Residential District (High-Density).
CCID # 803 - Hearing 7/20/04
- 21 -
e >
(a) Planning Board and Planning Department recommend approval of
the request to rezone property located Northeast 192nd and "X"
Streets from AG to DR and R4 - see attached.
# 803 - Over to 7/20/04
* * * * * * * * * * * * * * * *
"PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD JULY 6, 2004;
THE SECOND READING AND PUBLIC HEARINGS
ON AGENDA ITEM NOS. 63 THROUGH 64
SHALL BE HELD ON JULY 13, 2004"
ORDINANCE ON FIRST READING and Planning Board Attachment
63. Ord. vacating the west half of the east/west alley south of Leavenworth Street
between 6th Street and 7th Street, and providing the effective date hereof - see
attached.
CCID # 823 - Hearing 7/13/04
(a) Planning Board and Planning Department recommend approval of
the request to vacate the west half of the east/west alley south of
Leavenworth Street between 6th and 7th Streets - see attached.
CCID # 823 - Hearing 7/13/04
* * * * * * * * * * * * * * * *
ORDINANCE ON FIRST READING
64. Ord. to amend certain portions of Special Ordinance No. 10021 levying a special
assessment to cover the charges for demolition of condemned buildings or
structures by removing the assessment on 3916 Florence Boulevard in the
amount of $3,496.00 plus accrued interest; and to provide the effective date - see
attached.
CCID # 838 - Hearing 7/13/04
* * * * * * * * * * * * * * * *
- 22 -
•
EXECUTIVE SESSION
65. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
ADJOURNED: 4:20 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.
- 23 -
e.
SUPPLEMENT TO CITY COUNCIL AGENDA FOR JUNE 29, 2004
LEGISLATIVE CHAMBERS - 2:00 P.M. - PREPARED JUNE 28, 2004 AT 1:00 P.M.
Agenda and Link to Agenda Items
Available at http://www.ci.omaha.ne.us
ADDITIONAL RESOLUTION
66. Res. that the attached Redevelopment Agreement between the City of Omaha
and Beacon Partners, LLC for the development of a facility for the United States
Department of Homeland Security's Bureau of Immigration and Customs
Enforcement and Bureau of Customs and Immigration Services at Avenue "H"
and North 15th Street East in the East Omaha Redevelopment Plan area is
hereby approved. The project account is the 2004 Northeast Sewer Connection
Fund, Airport Industrial Park/East Omaha Detention Cell Account, Fund No.
13181, Organization No. 116926 — see attached. ((PUBLIC HEARING TODAY —
CAN BE ADOPTED TODAY))
Res. # 841 - Adopt 7-0
ADDITIONAL LIQUOR
67. Omaha Junior Chamber of Commerce, P. O. Box 24003, requests permission for
a Special Designated License for the Z-92's Annual Birthday Bash at Levi Carter
Park, 16th & Cornish Blvd., on August 14, 2004 from 8:00 a.m. to 10:00 p.m. —
see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
CCID # 842 - Approve 7-0
- 24-