2003-03-18jP"I
"CORRECTED„r ..
CITY COUNCIL AGENDA FOR MARCH 18, 2003
LEGISLATIVE CHAMBERS - 2:00 P.M.
ROLL CALL
1. City Clerk calls the roll.
CCID # 280 - Present: Gernandt, Kraft, Thompson, Vokal, Welch,
Brown, Mr. President
2. Pledge of Allegiance.
3. Invocation by Councilmember Frank Brown of District No. 2.
CERTIFICATION OF PUBLICATION
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City
of Omaha on March 14, 2003, notice re: Pre-Council and Regular City Council
Meetings, March 18, 2003. �--
CCID # 281 - From Chair on File
WHENEVER ANY PERSON HAS BEEN INVITED TO SPEAK,OR HAS BEEN GRANTED THE OPPORTUNITY OF SPEAKING
BEFORE THE COUNCIL DURING A HEARING,EACH PERSON WILL BE REQUESTED TO BE BRIEF,AND TO LIMIT HIS OR
HER PRESENTATION TO TEN MINUTES.WHEN MORE THAN ONE PERSON WISHES TO ADDRESS THE COUNCIL ON A
GIVEN QUESTION,THE PROPONENTS WILL BE GIVEN THE OPPORTUNITY OF FIRST ADDRESSING THE COUNCIL.THE
OPPONENTS OF THE QUESTION WILL BE GIVEN THE OPPORTUNITY TO SPEAK AFTER THE PROPONENTS'.
PRESENTATION. THE PROPONENTS WILL BE GIVEN A BRIEF PERIOD FOR REBUTTAL OF ANY NEW MATERIAL
INTRODUCED DURING THE OPPONENTS PRESENTATION,AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED.
IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVE TWENTY MINUTES FOR THEIR PRESENTATION.
COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING.
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RESOLUTIONS RE: BONDS
5. Res. regarding the sale of General Obligation Refunding Bonds, Series of 2003
in the aggregate principal amount of $30,175,000 to approve the form and
substance of a Bond Purchase Agreement with respect to the Bonds, authorizes
its execution and delivery and which is attached to the Resolution as Exhibit "A";
ratifies the distribution of the Preliminary Official Statement; approves the Official •
Statement which is attached to the Resolution as Exhibit "B"; authorizes the
Mayor to execute and deliver the Official Statement on behalf of the City of
Omaha and authorizes and directs the Finance Director to give notice of
defeasance and redemption of the Outstanding Bonds. ((SEE FOLDERS))
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 326 - Adopt 7-0
6. Res. regarding the sale of Various Purpose Bonds, Series of 2003, in the
aggregate principal amount of $16,000,000, to approve the form and substance
of a Bond Purchase Agreement with respect to the Bonds, authorizes its
execution and delivery and which is attached to the Resolution as Exhibit "A";
ratifies the distribution of the Preliminary Official Statement; approves the Official
Statement which is attached to the Resolution as Exhibit "B"; authorizes and
directs the Mayor to execute and deliver the Official Statement on behalf of the
City of Omaha. ((SEE FOLDERS)) ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 327 - Adopt 7-0
CONDEMNATION -APPEALS
7. Kurt Van Oranam appeals the condemnation of a one-story brick dwelling,
located at 6227 Parker Street - over from 7/9/02 - see attached. ((PUBLIC
HEARING HELD 7/9/02 - ACTION CAN BE TAKEN TODAY))
CCID # 1524 - Motion to lay over 12 wks. to 6/10/03 Carried 7-0
(a) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 6227 Parker Street -
over from 7/9/02.
# 1524 - over to 6/10/03
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(b) Second condemnation appeal bond for the property located at 6227
Parker Street, submitted by Kurt Van Oranam.
# 1524 - Over to 6/10/03
(c) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 6227 Parker Street.
# 1524 - Over to 6/10/03
8. Donald S. Salamone appeals the condemnation of a two-story wood and brick
dwelling located at 1254 South 15th Street - over from 10/29/02 - see attached.
((PUBLIC HEARING HELD 10/29/02 - ACTION CAN BE TAKEN TODAY))
CCID # 2421 - Motion to DENY the appeal, forfeit the bond, but allow the
owner 21 days to complete repairs Carried 7-0
(a) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 1250-54 South 15th
Street - over from 10/29/02.
# 2421 - From Chair on File
(b) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 1254 South 15th Street.
# 2421 - From Chair on File
9. Robert J. Baber, dba B & R Construction, appeals the condemnation of a one-
story wood frame dwelling located at 3021 Larimore Avenue - over from 3/4/03 -
see attached. ((PUBLIC HEARING HELD 4/16/02 - ACTION CAN BE TAKEN
TODAY))
CCID # 2420 - Motion to lay over 11 wks. to 6/3/03 and continue the
current bond Carried 7-0
(a) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 3021 Larimore Avenue
- over from 3/4/03.
# 2420 - Over to 6/3/03
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(b) Second cash bond submitted by Robert J. Baber in the amount of
$300.00 re: condemnation of the property located at 3021 Larimore
Avenue - over from 3/4/03.
# 2420 - Over to 6/3/03
(c) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 3021 Larimore Avenue
- over from 3/4/03.
# 2420 - Over to 6/3/03
(d) Third cash bond submitted by Robert J. Baber, dba B & R
Construction, in the amount of $300.00 re: condemnation of the
property located at 3021 Larimore Avenue - over from 3/4/03.
# 2420 - Over to 6/3/03
(e) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 3021 Larimore Avenue
- over from 3/4/03.
# 2420 - Over to 6/3/03
(f) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 3021 Larimore Avenue
- over from 3/4/03.
# 2420 - Over to 6/3/03
(g) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 3021 Larimore Avenue.
# 2420 - Over to 6/3/03
10. Louis Valencia appeals the condemnation of a 1 story wood frame dwelling
located at 2320 "F" Street - over from 3/4/03 - see attached. ((PUBLIC
HEARING HELD 3/4/03 -ACTION CAN BE TAKEN TODAY))
CCID # 278 - Motion to lay over 26 wks. to 9/16/03 Carried 7-0
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(a) Pictures submitted by Kevin.Denker, Chief Housing Inspector, re:
condemnation appeal of the property located at 2320 "F" Street -
over from 3/4/03.
# 278 - Over to 9/16/03
(b) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 2320 "F" Street.
# 278 - Over to 9/16/03
11. Edward Breckenridge appeals the condemnation of a four-story wood frame
dwelling located at 2115 Spencer Street - see attached. ((PUBLIC HEARING
TODAY - ACTION CAN BE TAKEN TODAY))
CCID # 337 - Motion to lay over 17 wks. to 7/15/03 Carried 7-0
(a) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 2115 Spencer Street.
# 337 - Over to 7/15/03
ZONING ORDINANCE ON FINAL READING and Planning Board Attachment
12. Ord. to rezone property located northeast of 1-680 and Military Avenue from
LI-Limited Industrial District and GI-General Industrial District to LI-Limited
Industrial District. ((PUBLIC HEARING TODAY- CAN BE PASSED TODAY))
CCID # 245 - Motion by Vokal to Pass 2nd by Welch
Sub-motion by Kraft to lay over 2 wks. to 4/1/03 LOST for lack of a 2nd
Sub-motion by Kraft to lay over 2 wks. to 4/1/03 2nd by Welch
Sub-motion Carried 5-2 Yeas: Kraft, Thompson, Vokal, Welch, Sigerson
Nays: Gernandt, Brown
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located northeast of 1-680 and Military
Avenue from LI and GI to LI - Outside City - see attached.
# 245 - Over to 4/1/03
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(b) Document submitted -by Cathy Sutkin, representing Hometown
Merchants Association of Nebraska, re: the Wal-Mart application
for rezoning Northeast of 1-680 and Military Avenue.
# 245 - Over to 4/1/03
13. Res. that the replat transmitted herewith entitled STARWOOD SOUTH REPLAT,
located northeast of 1-680 and Military Avenue, is hereby approved; and
concurrently a portion of the existing plat entitled STARWOOD SOUTH, and
described on said replat, is hereby vacated - Outside City - over from 2/25/03 -
see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
CCID # 243 - Motion by Vokal to Adopt 2nd by Welch
Sub-motion by Kraft to lay over 2 wks. to 4/1/03 LOST for lack of a 2nd
Sub-motion by Kraft to lay over 2 wks. to 4/1/03 2nd by Welch
Sub-motion Carried 5-2 Yeas: Kraft, Thompson, Vokal, Welch, Sigerson
Nays: Gernandt, Brown
(a) Planning Board and Planning Department recommend approval of
the Final Plat of STARWOOD SOUTH REPLAT located northeast
of 1-680 and Military Avenue - over from 2/25/03 - see attached.
# 243 - Over to 4/1/03
14. Res. that the Subdivision Agreement between the City of Omaha and Wal-Mart
Real Estate Business Trust, as recommended by the Mayor, providing for the
public improvements and sewer connections to the Omaha sewer system, is
hereby approved. The Subdivision is to be known as Starwood South Replat
which will be located northeast of 1-680 and Military Avenue - over from 2/25/03 -
see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
• CCID# 248 - Motion by Vokal to Adopt 2"d by Welch
Sub-motion by Kraft to lay over 2 wks. to 4/1/03 LOST for lack of a 2"d
Sub-motion by Kraft to lay over 2 wks. to 4/1/03 2nd by Welch
Sub-motion Carried 5-2 Yeas: Kraft, Thompson, Vokal, Welch, Sigerson
Nays: Gernandt, Brown
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15. Res. that the Large Project Special Use Permit application submitted by CEI
Engineering, located northeast of 1-680 and Military 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, 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
2/25/03 for publication and Public Hearing - had publication - see attached.
((PUBLIC HEARING TODAY- CAN BE ADOPTED TODAY))
CCID # 244 - Motion by Vokal to Adopt 2nd by Welch
Sub-motion by Kraft to lay over 2 wks. to 4/1/03 LOST for lack of a 2nd
Sub-motion by Kraft to lay over 2 wks. to 4/1/03 2nd by Welch
Sub-motion Carried 5-2 Yeas: Kraft, Thompson, Vokal, Welch, Sigerson
Nays: Gernandt, Brown
(a) Planning Board and Planning Department recommend approval of
the request of CEI Engineering for a Large Project Special Use
Permit in a LI District located northeast of 1-680 and Military Avenue
- over from 2/25/03 - see attached.
# 244 - Over to 4/1/03
RESOLUTIONS RE: PRELIMINARY PLATS. PLATS AND SUBDIVISION AGREEMENTS
16. Res. that the preliminary plat entitled ROCKBROOK CREEK ESTATES located
Northwest of 105th Avenue and West Center Road along with the attached
conditions, is hereby accepted; and, the preparation of the final plat of this
subdivision is hereby authorized - Inside City - over from 2/25/03 for publication
and Public Hearing - had publication - see attached. ((PUBLIC HEARING
TODAY - CAN BE ADOPTED TODAY))
Res. # 206 - Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of ROCKBROOK CREEK ESTATES located
Northwest of 105th Avenue and West Center Road - Inside City -
over from 2/25/03 - see attached.
# 206 - From Chair on File
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17. Res. that the replat transmitted- herewith entitled DEMPSEY PLACE located
northeast of 39th and State Streets, is hereby approved; and concurrently a
portion of the existing plat entitled Florence, and described on said replat, is
hereby vacated - Inside City - over from 3/4/03 for publication and Public Hearing
- had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 251 - Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of DEMPSEY PLACE located northeast of 39th and
State Streets - Inside City - over from 3/4/03 - see attached.
# 251 - From Chair on File
18. Res. that the Subdivision Agreement among the City of Omaha and Robert M.
Dempsey and Linda R. Dempsey, as recommended by the Mayor, providing for
the public sidewalks and private improvements and sewer connections to the
Omaha sewer system, is hereby approved. The Subdivision is to be known as
Dempsey Place which will be located Northeast of 39th and State Streets - over
from 3/4/03 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED
TODAY))
Res. # 252 - Adopt 7-0
19. Res. that the revised preliminary plat entitled PINE CREEK (Lots 480-526)
located southwest of 156th and State Streets along with the attached conditions,
is hereby accepted; and, the preparation of the final plat of this subdivision is
hereby authorized - Outside City - see attached. ((PUBLIC HEARING TODAY -
CAN BE ADOPTED TODAY))
Res. # 293 - Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Revised Preliminary Plat of PINE CREEK (Lots 480-526)
located southwest of 156th and State Streets - Outside City - see
attached.
# 293 - From Chair on File
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20. Res. that the revised preliminary plat entitled VILLAGE POINTE (Formerly Phase
Two of Town Center at Pacific Springs) located southwest of 168th Street 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 - Outside
City- see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 294 -Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Revised Preliminary Plat of VILLAGE POINTE (Formerly Phase
Two of Town Center at Pacific Springs) located southwest of 168th
Street and West Dodge Road - see attached.
# 294 - From Chair on File
21. Res. that the revised preliminary plat entitled THE THOMSEN MILE WEST
(Phase 2 and 3) located northeast of 177th Street and West Maple Road, along
with the attached conditions, is hereby accepted; and, the preparation of the final
plat of this subdivision is hereby authorized - Outside City - see attached.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 295 - Adopt 6-0-1 Pass Yeas: Gernandt, Kraft, Thompson,
Welch, Brown, Sigerson Pass: Vokal
(a) Planning Board and Planning Department recommend approval of
the Revised Preliminary Plat of THE THOMSEN MILE WEST
(Phase.2 and 3) located northeast of 177th Street and West Maple
Road - see attached.
# 295 - From Chair on File
22. Res. that the request of Robert J. Huck for a waiver from the Land Use Element
of the Master Plan to allow an increase of 20% in the size of the Mixed Use Area
for property located Northwest of 180th Street and West Dodge Road, as shown
on Exhibit "A" attached hereto and made a part hereof by this reference, is
hereby approved, subject to the conditions listed on Exhibit "B" attached hereto
and made a part hereof by this reference - see attached. ((PUBLIC HEARING
TODAY - CAN BE ADOPTED TODAY))
Res. #296 - Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
a variance from the'Land Use Element of the Master Plan to allow
an increase of 20% in the size of the Mixed Use area for property
located northwest of 180th Street and West Dodge Road - see
attached.
# 296 - From Chair on Fie
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23.- Res. that the preliminary °plat entitled WEST- VILLAGE POINTE located
Southeast of 180th Street 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 - Outside City - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 297 -Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of WEST VILLAGE POINTE located Southeast
of 180th Street and West Dodge Road - Outside City - see
attached.
# 297 - From Chair on File
(b) Communication from Mr. and Mrs. Dean Kroeger opposing the
Preliminary Plat of West Village Pointe located southeast of 180th
Street and West Dodge Road - see attached.
#297 - From Chair on File
24. Res. that the preliminary plat entitled WEST DODGE STATION located
Northwest of 180th Street 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 - Outside City - see attached. ((PUBLIC
HEARING TODAY- CAN BE ADOPTED TODAY))
Res. # 298 -Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of WEST DODGE STATION located Northwest
of 180th Street and West Dodge Road - Outside City - see attached.
# 298 - From Chair on File
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"PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NO. 25 SHALL BE LAID OVER
TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING"
PLAT AND DEDICATION
25. Plat and Dedication of a 6 foot strip of land for 90th Street, north of Blondo Street
- Inside City.
CCID # 299 - Over 2 wks. to 4/1/03 for publication and Public Hearing
pursuant to City Council Rule VII E
(a) Planning Board and Planning Department recommend approval of
a Plat and Dedication of a 6 foot strip of land for 90th Street, north of
Blondo Street - see attached.
# 299 - Over to 4/1/03
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ORDINANCE ON FINAL READING and Planning Board Attachment
26. Ord. vacating the North/South alley between 40th Street and 41st Street from
Marcy Street, North, adjacent to Lots 2 through 9, Block 1, Thornburg Place in
the City of Omaha and providing the effective date hereof - see attached.
((PUBLIC HEARING HELD 3/4/03 - CAN BE PASSED TODAY))
CCID # 235 - ORDINANCE # 36191 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
request to vacate the north/south alley between 40th Street and 41st
Street from Marcy Street North, adjacent to Lots 2 through 9, Block
1, Thornburg Place - Inside City- see attached.
# 235 - From Chair on File
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ORDINANCES ON FINAL READING- .._..., ---
27. Ord. to amend Chapter 46-28 of the Omaha Municipal Code entitled
"Amendments to Uniform Fire Code"; to provide for the increase in fire permit
fees and renumbering this section; to repeal Section 46-28 of the Omaha
Municipal Code as heretofore existing; and to provide an effective date hereof -
over from 3/4/03 - see attached. ((PUBLIC HEARING HELD 1/28/03 - CAN BE
PASSED TODAY))
CCID # 73 - Ordinance read
(a) Amendment of the Whole requested by the Fire Department - see
attached.
# 73 - ORDINANCE # 36192 PASSED AS AMENDED 7-0
(b) Communication from Joseph Napravnik, Interim Fire Chief, re:
Increase in Fire Permit Fees - over from 3/4/03.
# 73 - From Chair on File
(c) Communication from Warren Weaver, Council Staff Assistant, re:
Amendments to Uniform Fire Code.
# 73 From Chair on File
28. Ord. to amend Chapter 20 of the Omaha Municipal Code dealing with offenses;
to amend Section 20-41 of the Omaha Municipal Code dealing with definitions,
by adding thereto a definition of Ultimate Fighting; to add a new section
numbered 20-46 prohibiting ultimate fighting contests or exhibitions, and
providing certain exceptions or defenses thereto; to repeal Section 20-41 of the
Omaha Municipal Code as heretofore existing; and to provide for the effective
date hereof - see attached. ((PUBLIC HEARING HELD 3/4/03 - CAN BE
PASSED TODAY))
CCID # 236 - Ordinance read
(a) Amendment of the Whole requested by Councilmember Kraft - over
from 3/4/03 - see attached.
# 236 - ORDINANCE # 36193 PASSED AS AMENDED 7-0
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(b) Amendment of the Whole requested by Councilmember Frank
Brown - see attached.
# 236 - Motion by Councilmember Brown to pass as
amended. LOST for lack of a 2nd
(c) Amendment of the Whole requested by Councilmember Frank
Brown - see attached.
# 236 - Motion by Councilmember Brown to pass as
amended. LOST for lack of a 2nd
(d) Document submitted by Chad Mason, Chad Mason Productions
LLC, re: Outline of a Mixed Martial Arts Sanctioning Body - over
from 3/4/03.
# 236 - From Chair on File
(e) Communication from Sharon Arnold, Council Staff Assistant, re:
Ordinance to amend Chapter 20, Ultimate Fighting.
# 236 - From Chair on File
(f) Communication from Elmer Hoeneman re: the Ultimate Fighting
Ordinance.
# 236 - From Chair on File
(g) Communication from Wally M. Jernigan, Director, State Athletic
Commission, State of Nebraska, re: Ultimate Fighting Ordinance.
# 236 - From Chair on File
29. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning
employment classifications by adding the employment classifications entitled:
Convention Sales Manager - 21.2MC ($51,736.88 - $63,725.48); Convention
Services Manager - 18.3MC ($47,152.04 - $57,406.70); Visitor Services
Manager/Film Commissioner. - 21.2MC ($51,736.88 - $63,725.48); Publications
Coordinator - 17.1 MC ($45,027.32 - $54,261.48); Tourism Coordinator - 15.1 MC
($40,717.04 - $49,283.78); National Sales. Representative - 15.1 MC ($40,717.04
- $49,283.78); Senior Sales Representative - 16.2MC ($43,494.10 - $52,689.52);
to repeal Section 23 - 177 as heretofore existing; and to provide the effective
date hereof - see attached. ((PUBLIC HEARING HELD 3/4/03 - CAN BE
PASSED TODAY))
CCID # 237 - ORDINANCE # 36194 PASSED 7-0
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(a) Communication from Warren Weaver, Council-Staff Assistant, re:
Ordinances to Create Personnel Classifications - over from 3/4/03 -
see attached.
#237 - From Chair on File
30. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning
employment classifications by adding the employment classifications entitled:
Convention Sales Assistant ($9.11 - $11.54); Convention Services Assistant
($9.11 - $11.54); to repeal Section 23 - 177 as heretofore existing; and to provide
the effective date hereof - see attached. ((PUBLIC HEARING HELD 3/4/03 -
CAN BE PASSED TODAY))
CCID # 238 - ORDINANCE # 36195 PASSED 7-0
31. Ord. to amend Chapter 23, Sections 23-468 and 23-494 of the Omaha Municipal
Code; and to amend the Labor Agreement between the City and Local 251 to
provide that all employees covered by CMPTEC, AEC, and Local 251 may retire
if otherwise eligible, between April 1 and April 30, 2003 with a service credit of
2.25% of the average monthly compensation; and to provide the effective date
hereof - see attached. ((PUBLIC HEARING HELD 3/4/03 - CAN BE PASSED
TODAY))
CCID # 239 - ORDINANCE # 36196 PASSED 7-0
32. Ord. approving an amendment to the redevelopment and tax increment financing
loan agreement with the Greater Omaha Packing Co., Inc., 3001 "L" Street,
Omaha, Nebraska 68107, approved by the City Council on August 15, 1995,
under Ordinance Number 33614. The amendment changes the legal description
to facilitate the development of an additional tax parcel for the expansion of the
firm. The amendment only replaces Exhibit "B" of the previous agreement in its
entirety. All other terms and conditions contained in the previous agreement
remain in full force and effect - see attached - see attached. ((PUBLIC HEARING
HELD 3/4/03 - CAN BE PASSED TODAY))
CCID # 241 - ORDINANCE # 36197 PASSED 7-0
33. Ord. approving a Redevelopment and Tax Increment Financing loan agreement
with Greater Omaha Packing Co., a Nebraska Corporation located at 3001 "L"
Street, Omaha, Nebraska 68107 which provides for the sale of Lot 2 Stockyards
Business Park Replat as stipulated in Exhibit "C" of the agreement;
reimbursement to the City of Omaha for a portion of the cost incurred for site
preparation and improvements installed at the site; and funding to cover the cost
of a retaining wall and additional site prep at the redevelopment site; and
providing for an effective date - see attached. ((PUBLIC HEARING HELD 3/4/03
- CAN BE PASSED TODAY))
CCID # 242 - ORDINANCE # 36198 PASSED 7-0
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34. Ord. to waive the provisions of Omaha Municipal Code Section 15-2 prohibiting
the sale of alcoholic liquor before 12:00 noon on Sunday; to authorize sale of
beer, wine, and distilled spirits commencing at 9:00 a.m. at Maplewood Lanes,
3030 North 101st Street, Omaha, Nebraska, on Sunday, March 30, 2003; and to
provide an effective date immediately upon passage - see attached. ((PUBLIC
HEARING HELD 3/4/03 - CAN BE PASSED TODAY))
CCID # 240 - ORDINANCE # 36199 PASSED 7-0
"PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARINGS ON
AGENDA ITEM NOS. 35 THROUGH 37
SHALL BE HELD ON THE THIRD READING"
ZONING ORDINANCES ON SECOND READING
35. Ord. to rezone property located Southeast of 156th and Potter Streets from
DR-Development Reserve District and R5-Urban Family Residential District to
R5-Urban Family Residential District.
CCID # 270 - Qver to 3/25/03
36. Ord. to rezone property located Southeast of 156th and Potter Streets from
DR-Development Reserve District and R5-Urban Family Residential District to
DR-Development Reserve District.
CCID # 271 - Over to 3/25/03
37. Ord. to approve an amended Mixed Use District Development Agreement for
property located Southwest of 168th Street and West Center Road (Legacy)
between the City of Omaha, Legacy Development L.L.C. and Legacy One
Building L.L.C., providing site development and use standards; and to provide for
an effective date - see attached.
CCID # 272 - Over to 3/25/03
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ORDINANCES ON SECOND READING - •
38. Special Ord. levying a special tax and assessment on all lots and pieces of real
estate within Roadway Maintenance District 745-20 in the City of Omaha, to
cover the cost of an asphalt overlay on 58th Street from Girard to Potter Streets,
Girard Street from 58th to 60th Streets, and Read Street from 58th to 60th Streets -
see attached. ((PUBLIC HEARING TODAY)) •
CCID # 273 - Over to 3/25/03
39. Special Ord. levying a special tax and assessment on all lots and pieces of real
estate within Street Improvement District No. 6868 in the City of Omaha, to cover
the cost of constructing streets and sewers in 146th Street from Stony Brook
Boulevard to Washington Street, Berry Circle from 146th Street westward to a cul-
de-sac, and Washington Circle from 147th Street eastward to a cul-de-sac - see
attached. ((PUBLIC HEARING TODAY))
CCID # 274 - Over to 3/25/03
40. Special Ord. levying a special tax assessment for removing litter in accordance
with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots
in the City of Omaha, Group No: 2003-7 - see attached. ((PUBLIC HEARING
TODAY))
CCID # 275 - Over to 3/25/03
41. Special Ord. levying a special tax assessment for removal of dangerous, dead,
diseased, or overhanging trees in accordance with Sections 37-1 through 37-95
of the Omaha Municipal Code on certain lots in the City of Omaha, Group No:
2003-8 - see attached. ((PUBLIC HEARING TODAY))
CCID # 276 - Over to 3/25/03
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SPECIAL USE PERMIT -AUTOMOTIVE SALES •
42. Res. that the Special Use Permit application submitted by Anthony L. Felici for
permission to allow Automotive Sales in a CC-Community Commercial District,
located at 4884 South 136th 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
2/25/03 for publication and Public Hearing - had publication - see attached.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 208 -Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the request of Anthony L. Felici for a Special Use Permit to allow
Automotive Sales in a CC District located at 4884 South 136th
Street - over from 2/25/03 - see attached.
# 208 - From Chair on File
"PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NOS. 43 THROUGH 44
SHALL BE LAID OVER TWO WEEKS
FOR PUBLICATION AND PUBLIC HEARING"
SPECIAL USE PERMIT - LIGHT INDUSTRY
43. Res. that the Special Use Permit application submitted by Charles D. Perkins for
permission to allow Light Industry in a CBD-Central Business District, located at
2232 Farnam Street, Omaha, Nebraska, is hereby approved and the Permits and
Inspection Division is directed to issue the necessary permit therefore, 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 # 300 - Over 2 wks. to 4/11/03 for publication and PLblicJJearing.
pursuant to City Council Rule VII E
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•
(a) Planning Board and Planning Department recommend approval of
the request of Charles D. Perkins for a Special Use Permit to allow
Light Industry in a CBD located at 2232 Farnam Street - see
attached.
# 300 - Over to 4/1/03
SPECIAL USE PERMIT - MEAT PACKING AND RELATED INDUSTRIES
44. Res. that the application submitted by Greater Omaha Packing Company for a
major amendment to a Special Use Permit to allow Meat Packing and Related
Industries in a HI-Heavy Industrial District, located at 3001 "L" 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 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 # 301 - Over 2 wks. to 4/1/03 for publication and Public Hearing
pursuant to City Council Rule VII E
(a) Planning Board and Planning Department recommend approval of
the request of Greater Omaha Packing Company for a Major
Amendment to the Special Use Permit to allow Meat Packing and
Related Industries in a HI-Heavy Industrial District located at 3001
"L" Street- see attached.
# 301 - Over to 4/1/03
* * * * * * * * * * * * * * * *
APPEALS RE: BID REJECTION
45. Jason McDonald, Sales and Services Manager, General Fire & Safety
Equipment Company, appeals the rejection of their bid of February 21, 2003 on
"Annual Fire Extinguisher Service" - see attached. ((MOTION NEEDED TO
ALLOW OR DENY THE APPEAL))
CCID # 324 - Motion to lay over 1 wk. to 3/25/03 Carried 7-0
- 18 -
•
46. Steve Grasz, attorney representing Hawkins Construction Company, appeals
the rejection of their bid of February 12, 2003 on "Project No. S.P. 00-08P Miller's
Landing Part I" - see attached. ((MOTION NEEDED TO ALLOW OR DENY THE
APPEAL))
CCID # 328 - Motion to DENY the appeal and rebid the project Carried
6-1 Yeas: Gernandt, Kraft, Thompson, Vokal, Welch, Brown Nay:
Sigerson
47. Michael G. Emanuel, Meco-Henne Contracting, Inc., appeals the rejection of their
bid of February 12, 2003 on "Project No. S.P. 00-08P Miller's Landing Part I" -
see attached. ((MOTION NEEDED TO ALLOW OR DENY THE APPEAL))
CCID # 325 - Motion to DENY the appeal and rebid the project Carried
6-1 Yeas: .Gernandt, Kraft, Thompson, Vokal, Welch, Brown Nay:
Sigerson
RESOLUTIONS
-- 48 -""--Res. that the Public Works Department recommends the State Policy on Noise
Walls, with the additional requirements of (1) noise walls will be installed only on
Federally Funded (cdst-sharing) projects, and (2) one-half (50%) of the local cost
(usually 10% of the total cost) of the noise walls will be assessed to the property
owners who benefit from the walls, and (3) the individual assessment will be
divided among the properties in the same manner as the Federal standards for
votes; i.e. each vote,will pay equally, and (4) the City will structurally maintain
noise walls and cosmetically maintain the street-side of the walls forever, but it is
the property owners responsibility to cosmetically maintain the property-side of
the wall, be accepted superceding all prior policy documents on noise walls -
over from 2/25/03 - see attached. ((PUBLIC HEARING HELD 2/25/03 - CAN BE
ADOPTED TODAY))
Res. # 213 - Resolution read
(a) Amendment of the Whole requested by the Public Works
Department.
# 213 - Adopt as Amended 7-0
(b) Petition opposing the proposed Resolution requiring homeowners
benefiting from the installation of noise walls to pay 10% of the total
cost of the project.
# 213 - From Chair on File
- 19 -
•
49. Res. that the attached Orchard Hill Neighborhood Redevelopment Plan,
prepared by the Omaha City Planning Department, be and hereby is approved as
the Redevelopment Plan for the redevelopment area bounded by Blondo Street
on the north, the 36th Street on the east, Hamilton Street on the south and an
industrial tract and abandoned railroad line on the west. Funds shall be payable
from Community Development Block Grant 12186, Organization 129134; and
HOME Investment Partnerships Program funds 12179, Organization 128035 -
over from 2/25/03 for publication and Public Hearing - had publication - see
attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)).
Res. # 225 -Adopt 7-0
50. Res. that the Interlocal Agreement between the City of Omaha and Douglas
County to share the cost of improving 108th Street from just north of Blondo
Street to just north of Emmet Street and Maple Street from Emmet Street to just
east of 108th Street, is hereby approved; further that the Finance Department is
authorized to pay the City's portion of the local share, in the amount of
$630,000.00, from the Street & Highway Bond, Organization 116167, Fund
13177, 2003 expenditure - see attached. ((PUBLIC HEARING TODAY - CAN BE
PASSED TODAY))
Res. # 302 -Adopt 7-0
51. Res. that the Public Works Department recommends the Agreement with HDR
Engiheering, Inc., to study the Papillion Creek Wastewater Treatment Plant to
determine if it can meet future permit requirementsb,p accepted. The Finance
Department is authorized to pay $583,834.00 from the Capital Asset
Replacement Program, Organization 116913, Fund 21124, year 2003
expenditure - see attached. ((PUBLIC HEARING TODAY - CAN BE PASSED
TODAY))
Res. # 303 - Adopt 7-0
52. Res. that the Public Works Department recommends that the City of Omaha
Standard Specifications for Public Works Construction, 2003 Edition, be
approved, replacing the 1989 Edition - see attached. ((PUBLIC HEARING
TODAY - CAN BE PASSED TODAY))
Res. # 304 - Adopt -7-0
53. Res. that the speed limits be changed and/or established as follows: West Center
Road from 177th Street to 186th Street - 45 MPH; 180th Street from Frances
Street to 3000 South - 45 MPH - see attached. ((PUBLIC HEARING TODAY -
CAN BE PASSED TODAY))
Res. # 305 - Adopt 7-0
- 20 -
54. Res. authorizing the Purchasing Agent to issue a Purchase Order to H&H
Industries for the purchase of traffic signal lamps in the amount of $11,960.00 to
be paid from the Traffic Engineering Organization 116187, Fund 12131, year
2003 funding - see attached. ((PUBLIC HEARING TODAY - CAN BE PASSED
TODAY))
Res. # 306 - Adopt 7-0
55. Res. that the Public Works Department is authorized to hire contractors from the
bids received on February 12, 2003 for city wide neighborhood 2003 spring
cleanup and that the Finance Department is authorized to pay the cost,
estimated to be $108,000 from the Solid Waste Disposal, Organization 116321,
Collection and Disposal Fund 11111, year 2003 expenditure - see attached.
((PUBLIC HEARING TODAY- CAN BE PASSED TODAY))
Res. # 307 -Adopt 7-0
56. Res. that the Mayor is hereby authorized to execute all necessary documents
with the State of; Nebraska Department of Economic Development to secure a
Nebraska Housing Assistance Program grant in the amount of Five Hundred
Thirty-Six Thousand Six Hundred Forty and No/100 Dollars ($536,640.00) to be
used to create affordable homeownership opportunities to benefit low and
moderate income persons or address slum and blighted conditions on a spot
basis - see attached. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
Res. # 308.- Adopt 7-0
57. Res. that the Mayor is hereby authorized to execute all necessary documents
with the State of Nebraska Department of Economic Development to secure a
Nebraska Housing Assistance Program grant in the amount of Three Hundred
Fifty Two Thousand Two Hundred and No/100 Dollars ($352,200.00) to be used
to create affordable homeownership opportunities to benefit low and moderate
income persons or address slum and blighted conditions on a spot basis - see
attached. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
Res. # 309 -Adopt 7-0
58. Res. that the Mayor is hereby authorized to execute a debt subordination
agreement for James L. Rakes and Patricia A. Rakes, regarding property located
at 4311 Larimore Avenue, reflecting the terms and conditions set forth in this
resolution, in substantially the same form as the proposed debt subordination
attached hereto - see attached. ((PUBLIC HEARING TODAY - CAN BE PASSED
TODAY))
Res. # 290 -Adopt 7-0
- 21 -
59. Res. that the attached Agreement; as recommended by the Mayor, to provide
$85,900.00 in HOME funding, comprised of a Repayable Loan in the amount of
$55,900.00 and a Deferred Payment Loan in the amount of $30,000.00 for the
rehabilitation of the property owned and occupied by Gail E. Beaudry, located at
369 North 41st Avenue, in the Highlanders Neighborhood through the HOME
Single Family Target Area Rehabilitation Program is hereby approved. The
contract is to be awarded to Lamb's Remodeling. Funds shall be paid from FY
2002 HOME Single Family Target Area Rehabilitation Program Fund No. 12179,
Organization No. 128038 - see attached. ((PUBLIC HEARING TODAY - CAN BE
PASSED TODAY))
Res. # 288 - Adopt 7-0
60. Res. that the attached Agreement, as recommended by the Mayor, to provide
$75,000.00 in HOME funding, comprised of a Repayable Loan in the amount of
$45,000.00 and a Deferred Payment Loan in the amount of $30,000.00 for the
rehabilitation of the property owned and occupied by James M. Bechtel, located
at 3618 Lafayette Avenue, in the Prospect Hill Neighborhood through the HOME
Single Family Target Area Rehabilitation Program is hereby approved. The
contract is to be awarded to Tom Lamb Construction. Funds shall be paid from
FY 2002 HOME Single Family Target Area Rehabilitation Program Fund. No.
12179, Organization No. 128038 - see attached. ((PUBLIC HEARING TODAY -
CAN BE PASSED TODAY))
Res. #289 -Adopt 7-0
61. Res. that the attached agreement, as recommended by the Mayor, to provide a
Target Area Special Needs Grant in the amount of $10,794.56 for the lead
hazard control work at the property owned and occupied by Calvin and Roxanne
Gray, located at 1016 Turner Blvd, through the Target Area Program, Special
Needs Project, in combination with a grant of $12,000 through the Lead Based
Paint Hazard Control Program, is hereby approved. The contract is to be
awarded to Home Renewal, LLC. Funds shall be from Fiscal Year 2002, CDBG
Single Family Target Area Rehabilitation Program, Fund No. 12186, Organization
No. 129114 and from Lead-Based Paint Program, Fund No. 12136, Organization
No. 128013 - see attached. ((PUBLIC HEARING TODAY - CAN BE PASSED
TODAY))
Res. # 310 -Adopt 7-0
•
- 22 -
62. Res. that, as recommended by the Mayor,--the--bid in the total amount of
$35,493.75 from Sun Turf Inc. for golf chemicals is hereby accepted, and the
Purchasing Agent is authorized to issue a purchase order in conformance
herewith. Funds in this amount for fertilizer shall be paid from the 2003 Fund No.
21114, Organization 115461, and Activity 43235 - see attached. ((PUBLIC
HEARING TODAY - CAN BE PASSED TODAY))
Res. #282 -Adopt 7-0
63. Res. that the professional services agreement with the University of Nebraska
Medical Center (UNMC) in an estimated total amount $197,550.00, for screening
and processing of biological evidence from "no suspect" homicide and sexual
assault cases for a term expiring July 31, 2003, which may be administratively
extended, not to exceed one year, is hereby accepted and the same hereby
approved. The Finance Department is authorized to pay the cost of the services
from Fiscal Year 2003, No Suspect Casework DNA Backlog Reduction Program
Fund 12155, Organization 130755, Account 42239 Professional Fees - see
attached. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
Res. # 315 - Adopt 7-0
64. Res. that the agreement between the City of Omaha and Texas Inmate Phones
for the installation and maintenance of 22 cordless, tamper-proof payphones at
the Omaha Police Department Detention Center, and providing for a portion of
the revenue from calls being paid to the City, is hereby accepted and the same
hereby approved. That the Finance Department is authorized to receive revenue
paid monthly by Texas Inmate Phones into the City of Omaha general fund - see
attached. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
CCID # 314 - Motion by Vokal to Adopt 2nd by Gernandt
Councilmember Vokal withdraws his motion
Councilmember Gernandt withdraws his 2"d
Sub-motion by Brown to lay over 1 wk. to 3/25/03 2"d by Vokal
Sub-motion Carried 7-0
(a) Document submitted by Tracy Svevad, DOT.Comm, re: Texas
Inmate Phones contract.
# 314 - Over to 3/25/03
65. Res. that the Finance Department is authorized to pay the cost of phase 1
(Network Infrastructure) project for the Omaha Police Department, Criminal
Justice Information Management System to DOT.Comm in an amount not to
exceed $566,773, .and the funding is hereby accepted and the same hereby
approved; that the Finance Department is authorized to pay the cost of the
services from the fiscal year 2003, Fund 12153, Organization 130751 COPS
MORE Technology 2002 upon award of such contract by DOT.Comm - see
attached. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
Res. # 312 - Adopt 4-3 Yeas: Kraft, Vokal, Welch, Sigerson Nays:
Gernandt, Thompson, Brown
- 23 -
66. Res. that the Finance Department is authorized-to pay the cost of the Enhanced
Incident System and the Software Development and Ownership Agreement from
plaNet Consulting for the Enhanced Incident System (EIS) for the Omaha Police
Department in the amount of $520,000.00 based upon an estimated 6,000 total
hours (excluding change orders, allowance overages, and reimbursable
expenses as defined in the Agreement); that the Finance Department is
authorized to pay $440,000.00 of the cost of the services from Fiscal Year 2003,
Fund 12151, Organization 130722, COPS More 96 Grant, and funds of
$50,000.00 of the cost of the services from Fiscal Year 2003, Fund 12148,
Organization 130752, Local Law Enforcement Block Grant 2002, and $30,000.00
of the cost of the services from Fiscal Year 2003, Fund 12148, Organization
130725, Local Law Enforcement Block Grant 2001 - see attached. ((PUBLIC
HEARING TODAY - CAN BE PASSED TODAY))
Res. # 313 - Adopt 7-0
67. Res. that the Finance Department is authorized to pay the cost of the Missouri
River Waste Water Treatment Plant fiber optic reconstruction project to
DOT.Comm in an amount not to exceed $41,082, and the proposal is hereby
accepted and the same hereby approved. The Finance Department is
authorized to pay the cost of the services from the fiscal year 2003, Fund 2112.1,
Organization 116612 - see attached. ((PUBLIC HEARING TODAY - CAN BE
PASSED TODAY))
Res. # 311 - Adopt 6-1 Yeas: Kraft, Thompson, Vokal, Welch, Brown,
Sigerson Nay: Gernandt
68. Res. that the appointment by the Honorable Mayor Mike Fahey of Patrick G.
McNeil to be a member of the Airport Authority Board for a period of five-years
commencing on the date of confirmation, is hereby confirmed by the City Council
- see attached. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
Res. # 329 -Adopt 7-0
69. Res. that the nomination and appointment by Honorable Mayor Mike Fahey of
Leticia C. Barajas as a member of the Human Relations Board, 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 PASSED TODAY))
Res. # 284 - Adopt 7-0
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•
70. Res. that the appointment by the Honorable Mayor Mike Fahey of John Hilgert as
a member of the Transit Authority Board of Directors to serve a term
commencing on March 4, 2003, and expiring five years thereafter is hereby
confirmed - see attached. ((PUBLIC HEARING TODAY - CAN BE PASSED
TODAY))
Res. # 283 - Adopt 7-0
71. Res. that the nomination and appointment by Councilmember Marc Kraft of
Roger L. Humphries as an at-large member of the Civil Rights Hearing Board
from Council District One, to serve a term commencing upon passage of this
resolution and expiring three years thereafter, be and hereby is confirmed and
approved - see attached. ((PUBLIC HEARING TODAY - CAN BE PASSED
TODAY))
Res. # 285 - Adopt 6-1 Yeas: Gernandt, Kraft, Vokal, Welch, Brown,
Sigerson Nay: Thompson
LIQUOR
72. CLASS "C" - Albertson's, Inc., dba "Albertson's #2270", 12025 West Center
Road. New application, old location. UPGRADE Presently holds a Package
Liquor License - see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
Res. # 330 -Application read
- Motion that City Council Liquor Rules be suspended
Carried 7-0
- Grant 7-0
Motion that City Council Liquor Rules be reinstated
Carried 7-0
73. CATERING - Affairs Remembered, dba "Catering Creations", 5131 Leavenworth
Street. New application, old location. Package Liquor License approved by
Omaha City Council on March 4, 2003 - see attached. ((YOU HAVE YOUR
HEARING ON THE .APPLICATION BUT YOUR MOTION SHOULD. BE TO
ADOPT A RESOLUTION EITHER TO GRANT OR DENY))
CCID # 331 - Approve 7-0
- 25 -
74. Wing Enterprises, Inc., dba "Mockingbird Lanes", 4870 South 96th Street,
requests permission to appoint Pamela Engelmeyer manager of their present
Class "C" Liquor License - see attached. ((PUBLIC HEARING TODAY - CAN BE
APPROVED TODAY))
CCID # 332 -Approve 7-0
75. Blazin Wings, Inc., dba "Buffalo Wild Wings Grill & Bar", 205 North 76th Street,
requests permission to appoint Perry Fox manager of their present Class "I"
Liquor License - see attached. ((PUBLIC HEARING TODAY - CAN BE
APPROVED TODAY))
CCID # 333 -Approve 7-0
76. Guitars & Cadillacs of NE, Inc., dba "Guitars & Cadillacs", 10865 West Dodge
Road, requests permission to appoint Thomas E. Blair manager of their present
Class "I" Liquor License - see attached. ((PUBLIC HEARING TODAY - CAN BE
APPROVED TODAY))
CCID # 334 - Motion to lay over 5 wks. to 4/22/03 Carried 7-0
(a) Communication from Guitars & Cadillacs of NE, Inc., dba "Guitars &
Cadillacs", 10865 West Dodge Road, requesting that their
application to appoint Thomas Blair manager of their present Class
"I" Liquor License be laid over 5 weeks to April 22, 2003.
# 334 - From Chair on File
77. Peak Interests, LLC, dba "Pizza Hut", 4925 "L" Street, requests permission to
appoint Melissa Haworth manager of their present Class "J" Liquor License - see
attached. ((PUBLIC HEARING TODAY - CAN BE APPROVED TODAY))
CCID # 335 Approve 7-0
78. Peak Interests, LLC, dba "Pizza Hut", 8930 Fort Street, requests permission to
'appoint Melissa Haworth manager of their present On Sale Beer License - see
attached. ((PUBLIC HEARING TODAY CAN BE APPROVED TODAY))
CCID # 336 - Approve 7-0
•
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"PURSUANT TO CITY COUNCIL RULE VII D •
THE PUBLIC HEARINGS ON
AGENDA ITEM NOS. 79 THROUGH 82
SHALL BE HELD ON THE THIRD READING"
ZONING ORDINANCES ON FIRST READING and Planning Board Attachments
79. Ord. to rezone property located northwest of 30th Street and Edward Babe
Gomez Avenue from GI-General Industrial District to CC-Community Commercial
District.
CCID # 316 - Hearing 4/1/03
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located northwest of 30th Street and
Edward Babe Gomez Avenue from GI to CC - see attached.
# 316 - Over to 4/1/03
80. - Ord. to rezone property located at 5339 North 60th Street from DR-Development
Reserve District to R3-Single Family Residential District (Medium Density).
CCID # 317 - Hearing 4/1/03
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located at 5339 North 60th Street from
DR to R3 - see attached.
# 317 - Over to 4/1/03
81. Ord. to rezone property located northeast of 67th and "D" Streets from DR-
Development Reserve District to GI-General Industrial District.
CCID # 318 - Hearing 4/1/03
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located northeast of 67 and "D"
Streets from DR to GI - see attached.
# 318 - Over to 4/1/03
- 27-
82. Ord. to rezone property located at 11366, 11368, 11372, and' 11374 Jackson
Street from R4(35) Single Family Residential District (High-Density) to R5-Urban
Family Residential District.
CCID # 319 - Hearing 4/1/03
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located at 11366, 11368, 11372, and
11374 Jackson Street from R4(35) to R5 - see attached.
# 319 - Over to 4/1/03
* * * * * * * * * * * * * * * *
"PURSUANT TO CITY COUNCIL RULE VII C
THE PUBLIC HEARINGS ON
AGENDA ITEM NOS. 83 THROUGH 92
SHALL BE HELD ON THE SECOND READING"
ORDINANCES ON FIRST READING
83. Ord. to amend Chapter 15, Article III of the Omaha Municipal Code to include a
new section 15-55 prohibiting certain sales of beer and malt liquors in a single
container for consumption off the licensed premises; and to provide an effective
date hereof- see attached.
CCID # 338 - Hearing 3/25/03
84. Ord. to amend Sections 41-2, 41-23, 41-58, 41-80 and Appendix B of the Omaha
Municipal Code dealing with air quality control; to adopt the most recent version
of Title 129 of the Air Pollution Rules and Regulations of the State of Nebraska,
with certain amendments thereto; to repeal Sections 41-2, 41-23, 41-58 and 41-
80 of the Omaha Municipal Code as heretofore existing; and to provide for the
effective date hereof- see attached. -
CCID # 322 - Hearing 3/25/03
- 28-
•
8 i J
85. Ord. declaring the necessity of appropriating, for use of City of Omaha, the
necessary lands for the purpose of widening Harrison Street, from 135th Street to
147th Street, identified as Special Project No. 89-15, Federal Aid Project STPC
5022(7); 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 # 320 - Hearing 3/25/03
86. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described vacant and improved property located in the Long
School Redevelopment Plan Area, an area generally defined by Lake Street, 24t
Street, Hamilton Street and the North Freeway, for acquisition, relocation as
appropriate, demolition of structures, preparation of site, and subsequent use as
a site for implementing the Long School Neighborhood Redevelopment Plan by
the construction of a new single-family, owner occupied house; provided that as
to the 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 FY2003 Community Development
Block Grant, Fund 12186, Organization 129129 - see attached.
CCID # 287 - Hearing 3/25/03
87. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described vacant and improved properties located in the
Orchard Hill Redevelopment Plan Area, an area generally defined by Hamilton
Street on the south, 36th Street on the east, Blondo Street on the north, and the
former Omaha Belt Railway line and current industrial tract on the west, for
acquisition, relocation as appropriate, demolition of structures, preparation of
sites, and subsequent use as sites for implementing the Orchard Hill
Neighborhood Redevelopment Plan by the construction of new single-family,
owner occupied houses; 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 FY2003 Community Development Block Grant, Fund 12186, Organization
129145 - see attached.
CCID # 292 - Hearing 3/25/03
- 29 -
88. Ord. approving an amendment to the Tax Increment Financing Redevelopment
Agreement between 710 South 20th Street, Limited Liability Company and the
City of Omaha previously approved by the City Council on April 9, 2002 by
Ordinance No. 35924, declaring the necessity of appropriating for use of the City
of Omaha, certain herein described property in the 710 South 20th Street, LLC
Redevelopment Plan area, for acquisition, relocation as appropriate, and
subsequent use as a site for implementing the 710 South 20th Street
Redevelopment Plan; provided that any such property which cannot be obtained
by negotiation, proceedings in eminent domain be undertaken and completed,
and providing for an effective date - see attached.
CCID # 291 - Hearing 3/25/03
89. Ord. to authorize the Mayor to execute an easement and right-of-way agreement
_ that will grant the Metropolitan Utilities District a permanent easement for a gas
main with Lots 1 and 2, North Omaha Business Park Replat 1; and, providing for
the effective date hereof- see attached.
CCID # 323 - Hearing 3/25/03
90. lOrd. to approve a one year agreement between the City of Omaha and David
Green Organization, Inc. for the provision of marketing services for the Greater
Omaha Convention and Visitors Bureau; to provide for payment of the
$43,000.00 cost thereof; and to provide an effective date - see attached.
CCID # 321 - Hearing 3/25/03
91. Ord. to approve an agreement with Terry and Catherine Ferguson concerning
property located at 2610 Leavenworth Street which calls for partial payment of
various special assessments; amendments to certain special levy ordinances to
reduce and/or abate special assessments levied for building demolition and for
the cutting and clearing of weeds, grass and worthless vegetation - see attached.
CCID # 339 - Hearing 3/25/03
92. Ord. to waive the fifteen (15) day appeal requirement in Section 43-38 of the
Omaha Municipal Code for condemned property at 3411 "F" Street, owned by
Tim Cook; to permit a condemnation appeal at a hearing to be included on the
next City Council agenda immediately following the effective date of this
Ordinance, provided that the other requirements of Section 43-38 be complied
with prior to the said next City Council hearing; and to provide the effective date
hereof- see attached.
CCID.# 286 - Hearing 3/25/03
- 30 -
•
EXECUTIVE SESSION
93. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
Adjourned: 6:46 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 not ice. Please contact Sandra L. Moses -
444-5552 if arrangements need to be made.
http://www.ci.omaha.ne.us/
- 31 -
SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR MARCH 18, 2003 �.
LEGISLATIVE CHAMBERS -2:00 P.M. - PREPARED MARCH 17, 2003 AT 1:00 P.M.
"PURSUANT TO CITY COUNCIL RULE VII F
AGENDA ITEM NO. 94
SHALL BE LAID OVER THREE WEEKS
FOR PUBLICATION AND PUBLIC HEARING"
ADDITIONAL RESOLUTION
94. Res. that the Miami Heights Area Redevelopment Plan approved by Resolution
No. 2113 on August 2, 2000, be and hereby is rescinded; and the attached
Amended Miami Heights Area Redevelopment Plan, containing a provision for
the division of ad valorem taxes under Section 18-2147 through 18-2150,
Revised Statutes of Nebraska, be and hereby is approved as the redevelopment
plan for the Miami Heights Redevelopment Area bounded by 30th Street, 36th
Street, Lake Street and Maple Street - see attached.
CCID # 340 - Over 3 wks. to 4/8/03 for publication and Public Hearing
pursuant to City Council Rule VII F
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"PURSUANT TO CITY COUNCIL RULE VII C
THE PUBLIC HEARING ON AGENDA ITEM NO. 95
SHALL BE HELD ON THE SECOND READING"
ORDINANCE ON FIRST READING
95. Ord. authorizing the issuance of six hundred twenty thousand dollars ($620,000)
principal amount of Tax Increment Revenue Bonds (Downtown Northeast
Redevelopment Project One Phase II), in accordance with the provisions of
Sections 18-2101 to 18-2154, inclusive, Reissue Revised Statutes of Nebraska,
1943, as amended (the "Act"); approving and authorizing a Loan Agreement with
First National Bank of Omaha, as Agent, and determining that the bond shall not
constitute nor give rise to any pecuniary liability of the City of Omaha, Nebraska,
or charge against its general credit or taxing power, except to the extent provided
in the Act- see attached.
CCID # 341 - Hearing 3/25/03
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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.
http://www.ci.omaha.ne.us
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