2003-03-25j •
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"CORRECTED"
CITY COUNCIL AGENDA FOR MARCH 25, 2003
LEGISLATIVE CHAMBERS - 2:00 P.M.
ROLL CALL
1. City Clerk calls the roll.
CCID # 382 - Present: Kraft, Thompson, Vokal, Welch, Brown, Gernandt,
Mr. President
2. Pledge of Allegiance.
3. Invocation by Councilmember Jim Vokal of District No. 3.
CERTIFICATION OF PUBLICATION
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City
of Omaha on March 21, 2003, notice re: Pre-Council and Regular City Council
Meetings, March 25, 2003.
CCID # 383 - From Chair on File
WHENEVER ANY PERSON HAS BEEN INVITED TO SPEAK,OR HAS BEEN GRANTED THE OPPORTUNITY OF SPEAKING
BEFORE THE COUNCIL DURING A HEARING, EACH PERSON WILL BE REQUESTED TO BE BRIEF,AND TO LIMIT HIS OR
HER PRESENTATION TO TEN MINUTES.WHEN MORE THAN ONE PERSON WISHES TO ADDRESS THE COUNCIL ON A
GIVEN QUESTION,THE PROPONENTS WILL BE GIVEN THE OPPORTUNITY OF FIRST ADDRESSING THE COUNCIL. THE
OPPONENTS OF THE QUESTION WILL BE GIVEN THE OPPORTUNITY TO SPEAK AFTER THE PROPONENTS'
PRESENTATION. THE PROPONENTS WILL BE GIVEN A BRIEF PERIOD FOR REBUTTAL OF ANY NEW MATERIAL
INTRODUCED DURING THE OPPONENTS PRESENTATION,AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED.
IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVE TWENTY MINUTES.FOR THEIR PRESENTATION.
COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING.
CONDEMNATION -APPEAL • ..
5. Courtney A. Grayson appeals the condemnation of a two-story wood frame
dwelling and garage located at 3315 North 16th Street - see attached. ((PUBLIC
HEARING TODAY - ACTION CAN BE TAKEN TODAY))
CCID # 367 - Motion to DENY the appeal and sustain the condemnation
and return bond to the owner LOST 3-4 Yeas: Thompson, Vokal, Brown
Nays: Kraft, Welch, Gernandt, Sigerson
Motion by Welch to lay over 36 wks. to 12/2/03 with the stipulation that the
owner abide by the work schedule 2nd by Kraft
Councilmember Welch withdraws his motion
Councilmember Kraft withdraws his 2nd
Motion to lay over 1 wk. to 4/1/03 Carried 4-3 Yeas: Kraft, Thompson,
Welch, Brown Nays: Vokal, Gernandt, Sigerson
(a) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 3315 North 16th Street.
# 367 - Over to 4/1/03
ZONING ORDINANCES ON FINAL READING and Planning Board Attachments
6. 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. ((PUBLIC HEARING TODAY - CAN BE
PASSED TODAY))
CCID # 270 - ORDINANCE # 36200 PASSED 7-0
7. 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. ((PUBLIC HEARING TODAY - CAN BE
PASSED TODAY))
CCID # 271 - ORDINANCE # 36201 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Southeast of 156thand Potter
Streets from DR and R5 to DR and R5 - over from 3/4/03 - see
attached.
# 271 - From Chair on File
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8. Res. that the replat transmitted herewith entitled WATERFORD REPLAT 3
located Southeast of 156th and Potter Streets, is hereby approved; and
concurrently a portion of the existing plat entitled Waterford Replat 2 and
Waterford, and described on said replat, is hereby vacated - Outside City - over
from 3/4/03 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED
TODAY))
Res. # 253 - Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of WATERFORD REPLAT 3 located Southeast of
156th and Potter Streets - Outside City - over from 3/4/03 - see
attached.
# 253 - From Chair on File
9. Res. that the Addendum to the Subdivision Agreement between the City of
Omaha, Sanitary and Improvement`District 441 of Douglas County, Nebraska,
'—and Waterford Development, LLC, as recommended by'the Mayor, providing for
increased Interceptor Sewer fees, is hereby approved. The Subdivision is to be
known as Waterford Replat 3 and is located northeast of 156th and Ida Streets -
over from 3/4/03 - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 254 -Adopt 7-0
10. 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. ((PUBLIC HEARING TODAY - CAN BE
PASSED TODAY))
CCID # 272 - ORDINANCE # 36202 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
an amended Mixed Use District Development Agreement for
property located Southwest of 168th Street and West Center Road
(Legacy) - see attached.
# 272 - From Chair on File
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RESOLUTIONS RE: PRELIMINARY-PLATS.PLATS AND SUBDIVISION'AGREEMENTS
11. Res. that the preliminary plat entitled DEERWOOD located northeast of 114th
and Ida 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. # 376 - Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of DEERWOOD located northeast of 114th and
Ida Streets - Outside City - see attached.
# 376 - From Chair on File
"PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NOS. 12 THROUGH 15
SHALL BE LAID OVER TWO WEEKS
FOR PUBLICATION AND PUBLIC HEARING".
12. Res. that the preliminary plat entitled WEIR CREST REPLAT 6 located
southwest of 60tn and "L" Streets, along with the attached conditions, is hereby
accepted; and, the preparation of the final _plat_of this_subdivision is hereby
authorized - Inside City- see attached.
CCID # 372 - Over 2 wks. to 4/8/03 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 WEIR CREST REPLAT 6 located southwest
of 60th and "L" Streets - Inside City - see attached.
# 372 - Over to 4/8/03
13. Res. that the replat transmitted herewith entitled Weir Crest Replat 6 located
Southwest of 60th and "L" Streets, is hereby approved; and concurrently a portion
of the existing plat entitled Weir Crest, and described on said replat, is hereby
vacated - Inside City- see attached.
CCID # 373 - Over 2 wks. to 4/8/03 for publication and Public Hearing
pursuant to City Council Rule VII E
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(a) Planning Board and Planning Department recommend approval of
the Final Plat of WEIR CREST REPLAT 6 located southwest of 60th
and "L" Streets - Inside City - see attached.
# 373 - Over to 4/8/03
14. Res. that the preliminary plat entitled BENSON ACRES REPLAT 5 located at
4424 North 72"d Street, along with the attached conditions, is hereby accepted;
and, the preparation of the final plat of this subdivision is hereby authorized -
Inside City- see attached.
CCID # 374 - Over 2 wks. to 4/8/03 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 BENSON ACRES REPLAT 5 located at
4424 North 72nd Street- Inside City - see attached.
-# 374 - Over to 4/8/03 -
15. Res. that the replat transmitted herewith entitled Benson Acres Replat 6 located
at 4424 North 72"d Street, is hereby approved; and concurrently a portion of the
existing plat entitled Benson Acres, and described on said replat, is hereby
vacated - see attached.
CCID # 375 - Over 2 wks. to 4/8/03 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 BENSON ACRES REPLAT 6 located at 4424
North 72"d Street - Inside City - see attached.
# 375 - Over to 4/8/03
"PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NOS. 16 THROUGH 26
SHALL BE LAID OVER FOR TWO WEEKS"
16. Res. that the plat entitled MEADOW RIDGE located northeast of 156th and Ida
Streets is hereby approved and accepted - Outside City- see attached.
CCID # 377 - Over 2 wks. to 4/8/03 pursuant-to City Council Rule VII E
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(a) Planning Board and Planning -Department recommend approval of '
the Final Plat of MEADOW RIDGE located northeast of 156th and
Ida Streets - Outside City - see attached.
# 377 - Over to 4/8/03
17. Res. that the plat entitled WATERFORD (Lots 201-416 and Outlots P-Z) located
northeast of 156th and Ida Streets is hereby approved and accepted - Outside
City- see attached.
CCID # 378 - Over 2 wks. to 4/8/03 pursuant to City Council Rule VII E
(a) Planning Board and Planning Department recommend approval of
the Final Plat of WATERFORD (Lots 201-416 and Outlots P-Z)
located northeast of 156th and Ida Streets - Outside City - see
attached.
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# 378 - Over to 4/8/03 --- --
18. Res. that the Subdivision Agreement among the City of Omaha, Sanitary and
Improvement District 484 of Douglas County, Nebraska, Waterford Development,
LLC, Waterford Homeowners Association; Inc., State Street, LLC, and the
Meadow Ridge Homeowners Association, as recommended by the Mayor,
providing for the public improvements and sewer connection to the Omaha
Sanitary Sewer System, is hereby approved. The Subdivisions are to be known
as Waterford (Lots 201-416) and Meadow Ridge (Lots 1-289) and are located
Northeast of 156th and Ida Streets - see attached.
CCID # 350 - Over 2 wks. to 4/8/03 pursuant to City Council Rule VII E
19. Res. that the plat entitled PACIFIC RIDGE, located northwest of 180th and Pacific
Streets, is hereby approved and accepted - Outside City - see attached.
CCID # 353 - Over 2 wks. to 4/8/03 pursuant to City Council Rule VII E
(a) Planning Board and Planning Department recommend approval of
the Final Plat of PACIFIC RIDGE located northwest of 180th and
Pacific Streets - Outside City- see attached.
# 353 - Over to 4/8/03
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20. Res. that the Subdivision Agreement among the City of Omaha, Sanitary and
Improvement District 486 of Douglas County, Nebraska, PAC 180, LLC, and
Pacific Ridge Homeowners Association, as recommended by the Mayor,
providing for the public improvements and sewer connection to the Omaha
Sanitary Sewer System, is hereby approved. The Subdivision is to be known as
Pacific Ridge (Lots 1-93) and is located Northwest of 180th and Pacific Streets -
see attached.
CCID # 354 - Over 2 wks. to 4/8/03 pursuant to City Council Rule VII E
21. Res. that the plat entitled OAKMONT located northeast of 192nd and "F" Streets
is hereby approved and accepted - Outside City - see attached.
CCID # 356 - Over 2 wks. to 4/8/03 pursuant to City Council Rule VII E
(a) Planning Board and Planning Department recommend approval of
the Final Plat of OAKMONT located northeast of 192nd and "F"
Streets - Outside City- see attached. - — -- — -- .
# 356 - Over to 4/8/03
22. Res. that the Subdivision Agreement among the City of Omaha, Sanitary and
Improvement District 477 of Douglas. County,- Nebraska, Boyer-Young Equities
One, LLC, and the Oakmont Homeowners Association, as recommended by the
Mayor, providing for the public improvements, park acquisition, park donation,
and sewer connection to the Omaha Sanitary Sewer System, is hereby
approved. The Subdivision is to be known as Oakmont and is located Northeast
of 192nd and "F" Streets see attached.
CCID # 342 - Over 2 wks. to 4/8/03 pursuant to City Council Rule VII E
23. Res. that the plat entitled PACIFIC PINES located Southwest of 195th and Pacific
Streets is hereby approved and accepted - Outside City - see attached.
CCID # 359 - Over 2 wks. to 4/8/03 pursuant to City Council Rule VII E
(a) Planning Board and Planning Department recommend approval of
the Final Plat of PACIFIC PINES located Southwest of 195th and
Pacific Streets - Outside City- see attached.
# 359 - Over to 4/8/03
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ry 24. Res. that the Subdivision -Agreement.among°th1e -City of Omaha, Sanitary and
Improvement District 488 of Douglas County, Nebraska, Sullivan Land
Company, LLC, and Pacific Pines Homeowners Association, Inc., as
recommended by the Mayor, providing for the public improvements, park
acquisition, park donation, and sewer connection to the Omaha Sanitary Sewer
System, is hereby approved. The subdivision is to be known as Pacific Pines
and is located southwest of 195th and Pacific Streets - see attached.
CCID # 360 - Over 2 wks. to 4/8/03 pursuant to City Council Rule VII E
25. Res. that the Subdivision Agreement among the City of Omaha and Quiktrip
Corporation, 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 Weir Crest Replat 6 and is located
Southwest of 60th and "L" Streets - see attached.
CCID # 349 - Over 2 wks. to 4/8/03 pursuant to City Council Rule VII E
26. Res. that the Subdivision Agreement among the City of Omaha and Quiktrip
Corporation, 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 Benson Acres Replat 6, and is
located at 4424 North 72nd Street- see attached.
CCID # 348 - Over 2 wks. to 4/8/03 pursuant to City Council Rule VII E
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ORDINANCES ON FINAL READING -
27. Ord. to amend Omaha Municipal Code sections regulating exterior lighting; to
provide for a new Division 5 entitled "Exterior Lighting," to be added to Omaha
Municipal Code Chapter 44, Article V; to delete Section 210.12 of the National
Electrical Code; to repeal Sections 44-153, 55-740 and 55-806 as heretofore
existing; and to provide the effective date thereof over from 3/4/03 - see
attached. ((PUBLIC HEARING HELD 12/17/02 AND 2/4/03 - CAN BE PASSED
TODAY))
CCID # 2715 - Ordinance read
Motion by Gernandt to lay over one week to 4/1/03 LOST for lack of a 2nd
(a) Amendment of the Whole "A" requested by Councilmember
Thompson. ((SEE FOLDERS))
# 2715 - ORDINANCE #36203 PASSED AS AMENDED 7-0
(b) Planning Board and Planning Department recommend approval of
Amendment to Chapter 55, Sections 740 and 806 of the Omaha
Municipal Code regarding outdoor lighting - over from 3/4/03 - see
attached.
# 2715 - From Chair on File
(c) Amendment "C" to Amendment of the Whole "A" requested by
Councilmember Franklin Thompson.
# 2715 - Motion by Thompson to approve 2nd by Welch
Motion by Brown to call for the question 2nd by
Thompson Carried 5-1 Yeas: Kraft, Thompson,
Welch, Brown, Sigerson Nay: Gernandt
Roll Call on original motion to approve
Amendment "C" to Amendment of the Whole "A"
Carried 7-0
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(d) Amendment "D"' to Amendment -of the Whole "A" requested by
Councilmember Dan Welch.
# 2715 - Motion by Welch to approve 2nd by Brown
Carried 4-3 Yeas: Welch, Brown, Gernandt,
Sigerson Nays: Kraft, Thompson, Vokal
28. Ord. approving an Agreement between the City of Omaha and Bonding &
Technical Services, Inc. ("BTS"), wherein BTS will provide bonding and technical
services to disadvantaged businesses seeking to bid on small City projects and
services over a five (5) year period of time; the City, in consideration of the
program services provided therein, will pay BTS the sum of $36,000.00 annually
from the general fund and $34,000.00 annually from the applicable project fund;
and providing for an immediate effective date. In addition, the agreement
includes a project specific component for services to reach small business
concerns, disadvantaged business and protected business participation efforts
by project. The fee for facilitating this project specific service will not exceed a
maximum amount mutually agreed upon by the City and BTS, based on a
selection of significant large projects as defined by the City. The aggregate rate
would not exceed $72.00 per hour per allocated FTE - over from 3/4/03 - see
attached. ((PUBLIC HEARING HELD 1/14/03 - CAN BE PASSED TODAY))
CCID #48 - Ordinance read
Motion by Welch that the City Council Meeting be at recess
Councilmember Welch withdraws his motion
Motion to lay over one week to 4/1/03 Carried 4=3 Yeas:
Kraft, Welch, Brown, Gernandt Nays: Thompson, Vokal,
Sigerson
(a) Amendment requested by the Finance Department - over from
3/4/03 - see attached.
# 48 - Over to 4/1/03
(b) Amendment "B" requested by Councilmember Brown - over from
3/4/03 - see attached.
# 48 - Over to 4/1/03
(c) Communication from Dick C.E. Davis, Bonding & Technical
Services, Inc., re: Overview of their Bonding and Technical
Support Program - over from 3/4/03.
# 48 - Over to 4/1/03
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(d) Statement : submitted by Robert William Jefferson, Jefferson
Construction and Vice President of United Minority Contractors
Association of Nebraska re: Bonding and Technical Services, Inc. -
over from 3/4/03.
# 48 -Over to 4/1/03
(e) Response to City Council Questions and Additional Information on
Bonding & Technical Services Inc. - over from 3/4/03.
# 48 - Over to 4/1/03
(f) Communications supporting the approval of the Agreement with
Bonding & Technical Services, Inc. - over from 3/4/03.
# 48 - Over to 4/1/03
(g) Communication from MCB Construction, Inc., in support of the
Agreement with Bonding & Technical Services, Inc. - over from
3/4/03
# 48 - Over to 4/1/03
(h) Document submitted by Dick Davis, Bonding & Technical Services,
re: New Business Starts and Growth in Bonding Capacity - over
from 3/4/03.
# 48 - Over to 4/1/03
(i) Communication from Warren Weaver, Council Staff Assistant, re:
Review of the Amendment to the Agreement with Bonding &
Technical Services, Inc. - over from 3/4/03.
#48 - Over to 4/1/03
(j) Amendment of the Whole requested by Councilmember Frank
--- Brown.
# 48 - Over to 4/1/03
(k) Communication from Warren Weaver, Council Staff Assistant, re:
BTS site visit.
#48 - Over to 4/1/03
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(I) Amendmentof the Whole requested by the Finance Department.
#48 - Over to 4/1/03
29. 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 HELD 3/18/03 - CAN BE PASSED TODAY))
CCID # 273 - Special Ordinance read
SPECIAL ORDINANCE # 10028 PASSED AS AMENDED 7-0
(a) Amendment requested by the Finance Department- see attached.
# 273 - Approve 7-0
30. 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 HELD 3/18/03 - CAN BE PASSED TODAY))
CCID # 274 - Special Ordinance read
SPECIAL ORDINANCE # 10029 PASSED AS AMENDED 7-0
(a) Amendment requested by the Finance Department - see attached.
# 274 -Approve 7-0
31. 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
HELD 3/18/03 - CAN BE PASSED TODAY))
CCID # 275 - Special Ordinance read
SPECIAL ORDINANCE # 10030 PASSED AS AMENDED 6-0
(a) Amendment requested by the Finance Department- see attached.
# 275 -Approve 6-0
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(b) Amendment requested' by -the Parks:- Recreation and Public
Property Department - see attached.
# 275 - Approve 6-0
32. 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 HELD 3/18/03 - CAN BE PASSED
TODAY))
CCID # 276 - Special Ordinance read
SPECIAL ORDINANCE # 10031 PASSED AS AMENDED 6-0
(a) Amendment requested by the Finance Department - see attached.
# 276 - Approve 6-0
(b) Amendment requested by the Parks, Recreation and Public
Property Department - see attached.
# 276 - Approve 6-0
"PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARINGS ON
AGENDA ITEM NOS. 33 THROUGH 36
SHALL BE HELD ON THE THIRD READING"
ZONING ORDINANCES ON SECOND READING
33. 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 - Over to 4/1/03
34. 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 - Over to 4/1/03
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35. Ord. to rezone property located northeast of 67th and -"D" Streets from DR- - •
Development Reserve District to GI-General Industrial District.
CCID # 318 - Over to 4/1/03
36. 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 - Over to 4/1/03
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ORDINANCES ON SECOND READING
37. 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. ((PUBLIC HEARING TODAY))
CCID # 338 - Over to 4/1/03
(a) Amendment requested by Councilmember Kraft. ((SEE
FOLDERS))
# 338 - Over to 4/1/03
(b) Document submitted by Susie Dugan, PRIDE Omaha, re:
proposed Ordinance prohibiting sale of beer and malt liquors in
single containers.
# 338 - Over to 4/1/03
(c) Document submitted by the Consumer Awareness and Education
Coordinator, Budweiser of Omaha, re: proposed Ordinance
prohibiting sale of beer and malt liquors in single containers.
# 338 - Over to 4/1/30
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38. 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. ((PUBLIC HEARING TODAY))
CCID # 322 - Over to 4/1/03
39. Ord. declaring the necessity of appropriating, for use of the 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. ((PUBLIC HEARING
TODAY))
CCID # 320 - Over to 4/1/03
40. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described vacant and improved property located in the Long9
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 rise 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. ((PUBLIC
HEARING TODAY))
CCID # 287 - Over to 4/1/03
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41: 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. ((PUBLIC HEARING TODAY)) _
CCID #292 - Over to 4/1/03
42. 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 "asTapFopriate, 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. ((PUBLIC HEARING TODAY))
CCID # 291 - Motion to place on file Carried 7-0
(a) Communication from Bernard in den Bosch, Assistant City
Attorney, requesting that the proposed amendment to the
Redevelopment Agreement with 710 South 20th Street Limited
Liability Company be withdrawn.
# 291 - From Chair on File -
43. 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. ((PUBLIC HEARING TODAY))
CCID # 323 - Over to 4/1/03
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44. Ord. 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.
((PUBLIC HEARING TODAY))
CCID # 321 - Over to 4/1/03 ---
(a) Communication from Charles (Sonny) _Mares, Greater Omaha
Convention & Visitors Bureau, re: Contract with David Green
Organization, Inc. to provide marketing services.
# 321 - Over to 4/1/03
45. 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.
((PUBLIC HEARING TODAY))
CCID # 339 - Over to 4/1/03
(a) Communication from Bernard J. in den Bosch, Assistant City
Attorney, re: Agreement with Terrence J. and Catherine A.
Ferguson - see attached.
# 339 - Over to 4/1/03
46. 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. ((PUBLIC HEARING TODAY))
CCID # 286 - Over to 4/1/03
- 17 -
47. Ord. authorizing the issuance of six hundred twenty thousand dollars ($62{ 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. ((PUBLIC HEARING TODAY))
CCID # 341 - Over to 4/1/03
APPEAL RE: BID REJECTION
48. Jason McDonald, Sales and Services Manager, General Fire & Safety
Equipment Company, appeals the rejection at their bid of February 21, 2003 on
"Annual Fire Extinguisher Service - over from 3/18/03 - see attached. ((MOTION
NEEDED TO ALLOW OR DENY THE APPEAL))
CCID # 324 - Motion to lay over 1 wk. to 4/1/03 Carried 7-0
(a) Communication from Jason McDonald, Sales and Service
Manager, General Fire and Safety Equipment Co. of Omaha,
requesting that the appeal of the rejection of their bid be laid over
one week to April 1, 2003.
# 324 - From Chair on File
(b) Communication from Warren Weaver, Council Staff Assistant, re:
Bid Rejection for Annual Fire Extinguisher Service.
# 324 - Over to 4/1/03
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•
"PURSUANT TO CITY COUNCIL-RULE VII E,
AGENDA ITEM NO. 49
SHALL BE LAID OVER TWO WEEKS
FOR PUBLICATION AND PUBLIC HEARING"
AFTER-HOURS DANCE PERMIT
49. Res. that the application of Fuglys LLC, dba "Club Roxbury" for the issuance of
an after-hours dance permit at 10841 "Q" Street, Suite 120, be and hereby is
approved - see attached.
CCID # 343 - Over 2 wks. to 4/8/03 for publication and Public Hearing
pursuant to City Council Rule VII E
* * * * * * * * * * * * * * * *
RESOLUTIONS
50. 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 - over
from 3/18/03 - see attached. ((PUBLIC HEARING HELD 3/18/03 - CAN BE
ADOPTED TODAY))
CCID # 314 - Motion to adopt LOST 3-4 Yeas: Kraft, Gernandt, Sigerson
Nays: Thompson, Vokal, Welch, Brown
(a) Document submitted by Tracy Svevad, DOT.Comm, re: Texas
Inmate Phones contract - over from 3/18/03 - see attached.
# 314 - From Chair on File
(b) Communication from Tracy Svevad, MIS Manager, DOT.Comm, re:
TIP System Questions and Responses.
# 314 - From Chair on File
- 19-
51. - Res. authorizing the Purchasing Agent to-issue-a- purchase order to Deeter
Foundry for the purchase of manhole rings and covers and 'cast iron curb inlets to
be utilized by the Sewer Maintenance Division in the amount of $60,380.00 to be
paid from the Sewer Maintenance Organization 116511, Fund 21121, Year 2003
funding - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED
TODAY))
Res. # 344 - Adopt 6-0
52. Res. that the attached Supplemental Agreement to the Loan Agreement
approved by the Omaha City Council, on October 1, 1991, by Resolution No.
2277, consenting to the transfer by James T. Atchison of his interest in the real
property, commonly known as 2429 North 33 Avenue, to James T. Atchison,
Lucile R. Turner, and Valerie M. Gould, for estate planning purposes be and
hereby is approved - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res.# 345 - Adopt 7-0 �.
53. Res. that the Mayor and City Clerk are hereby authorized to enter into an
Agreement between the City of Omaha and Energy Systems for providing steam,
and chilled water for heating and cooling of the elevator/stair towers at
OmahaPark Eight and the pedestrian tunnel between the parking garage and
Union Pacific's new headquarters building; that the Finance Department is
authorized to pay the costs associated with these services in an amount not to
exceed $50,000.00 from the OmahaPark Eight Parking Garage Project, Fund
Number 13487, Organization Number 131721 - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 346 - Adopt 7-0
54. Res. that the specifications to furnish and install bus stop benches, with or
without advertising, dated March, 2003, prepared by the Parks, Recreation and
Public Property Department, are hereby approved and the Purchasing Agent is
authorized to proceed with advertising for bids - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 347 - Adopt 7-0
• - 20 -
•
LIQUOR
55. CLASS "C" - One Sixty-Eight, Inc., dba "Clancy's Pub", 2905 South 168th Street.
New application, old location. UPGRADE. Present licensee is Corcoran, Inc.,
dba "Goldberg West", who has a Class "I" Liquor License.„'Property posted:
3/13/03. Notification sent: 3/14/03 - see attached. ((YOU HAVE YOUR
HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO
ADOPT A RESOLUTION EITHER TO GRANT OR DENY))
Res. # 362 - Application read
Motion to suspend City Council Liquor Rules Carried 7-0
Grant 7-0
56. CLASS "I" - Blue Sushi, LLC, dba "Blue Sushi Sake Grill", 14450 Eagle Run
Drive, Suite 240. New application, new location. ANNEXED by Ordinance
#35956 passed 6/1/02. Property posted: 3/12/03. Notification sent: 3/14/03 -
see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT
YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT
OR DENY))
Res. # 364 - Grant 7-0 - .. .
57. _ CLASS "I" - Guaca Maya, Inc., dba "Guaca Maya", 5002 South 33rd Street. New
application, new location. Property posted: 3/10/03. Notification sent: 3/14/03 -
see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT
YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT
OR DENY))
Res. # 363 - Grant 5-1-1 Pass Yeas: Kraft, Thompson, Vokal, Welch,
Sigerson Nay: Gernandt Pass: Brown
(a) Communication from Tim Kielty, Attorney, representing AA Collision
Repair, Inc., opposing the application of Guaca Maya, Inc., dba
"Guaca Maya", 5002 South 33rd Street, for a Class "I" Liquor
License - see attached.
# 363 - From Chair on File
(b) Petitions submitted by Mike Kelley, Attorney for Guaca Maya, Inc.,
in support of their application for a Class "I" Liquor License at 5002
South 33rd Street.
# 363 - From Chair on File
- 21 -
(c) Document submitted by John Carlson, Carlson West Povbndra
Architects, re: Application of Guaca Maya, Inc. for a Class "I"
Liquor License at 5002 South 33rd Street.
# 363 - From Chair on File
(d) Document submitted by Virgil Armendariz, Jr., re: Application of
Guaca Maya, Inc. for a Class "I" Liquor License at 5002 South 33rd
Street.
# 363 - From Chair on File
58. CLASS "I" - Stages of Omaha, Inc., dba "The Millenium Theatre", 601 South 16th
Street;Suites A & B. New application, new location. Property posted: 3/5/03.
Notification sent: 3/14/03 - see attached. ((YOU HAVE YOUR HEARING ON
THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A
RESOLUTION EITHER TO GRANT OR DENY))
Res. # 365 - Grant 7-0
59. CLASS "J" - FATSO, Inc., dba "Wingstop", 11983 Blondo Street. New
application, new location. Property posted: 3/10/03. Notification sent: 3/14/03 -
see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT
YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT
OR DENY))
Res. # 366 - Grant 7-0
Motion to reinstate City Council Liquor Rules Carried 7-0
"PURSUANT TO CITY COUNCIL RULE VII D,
THE PUBLIC HEARINGS ON
AGENDA ITEM NOS. 60 THROUGH 68
SHALL BE HELD ON THE THIRD READING"
ZONING ORDINANCES ON FIRST READING and Planning Board Attachments
60. Ord. to rezone property located northeast of 156th and Ida Streets from
AG-Agricultural District to DR-Development Reserve District.
CCID # 368 - Hearing 4/8/03
- 22 -
•
•
•
61 . Ord. to rezone property located northeast -of 156th and Ida Streets from
AG-Agricultural District to R4-Single Family Residential District (High-Density).
CCID # 369 - Hearing 4/8/03
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located northeast of 156tn and Ida
Streets from AG to DR and R4 - see attached.
# 369 - Over to 4/8/03
62. Ord. to rezone property located northeast of 156t" and Ida Streets from
AG-Agricultural District to DR-Development Reserve District.
CCID # 370 - Hearing 4/8/03
63. Ord. to rezone property located northeast of 156th and Ida Streets from
AG-Agricultural District to R4-Single Family Residential District (High-Density).
CCID # 371 - Hearing 4/8/03
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located northeast of 166tn and Ida
Streets from AG to DR and R4 - see attached.
# 371 - Over to 4/8/03
64. Ord. to rezone property located northwest of 180t" and Pacific Streets from
AG-Agricultural District to DR-Development Reserve District.
CCID # 351 - Hearing 4/8/03
65. Ord. to rezone property located northwest of 180t" and Pacific Streets from
AG-Agricultural District to R4-Single Family Residential District (High-Density).
CCID # 352 - Hearing 4/8/03
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located northwest of 180t" and Pacific
Streets from AG to DR and R4 see attached.
# 352 - Over to 4/8/03
- 23-
•
•
66. Ord. to rezone property located northeast of 192"a and "F" Streets from
AG-Agricultural District to R4-Single Family Residential District (High-Density).
CCID # 355 - Hearing 4/8/03
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located northeast of 192"d and "F"
Streets from AG to R4.
# 355 - Over to 4/8/03
67. Ord. to rezone property located southwest of 195th and Pacific Streets from
AG-Agricultural District to DR-Development Reserve District.
CCID # 357 - Hearing 4/8/03
68. Ord. to rezone property located southwest of 195th and Pacific Streets from
AG-Agricultural District to R4-Single Family Residential District (High-Density).
"" CCID # 358 - Hearing 4/8/03
(a) Planning Board and Planning Department recommend approval of-
a request to rezone property located southwest,of 195th and Pacific
Streets from AG to DR and R4 - see attached.
# 358 - Over to 4/8/03 ,
* * * * * * * * * * * * * * * *
"PURSUANT TO CITY COUNCIL RULE VII C,
THE PUBLIC HEARINGS ON
AGENDA ITEM NOS. 69 THROUGH 72
SHALL BE HELD ON THE SECOND READING"
ORDINANCES ON FIRST READING
69. Ord. to amend Omaha Municipal Code Section 34-73 to rename the section of
34th Avenue from Evans Street to Bedford Avenue as "Malcolm X Avenue"; to
repeal Section 34-73; and to provide the effective date thereof- see attached.
CCID # 361 - Hearing 4/1/03
- 24 -
70. 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 and wine commencing at 11:00 a.m., at Rosenblatt Stadium, 1202 Bert
Murphy Road, Omaha, Nebraska, on Sunday, April 20, 2003; and to provide an
effective date immediately upon passage - see attached.
CCID # 379 - Hearing 4/1/03
71. Ord. to waive the fifteen (15) day appeal requirement in Section 43-38 of the
Omaha Municipal Code for condemned property at 3218 Pacific Street, owned by
Mike Faille; 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 # 380 - Hearing 4/1/03
72. Ord. to amend certain portions of Special Ordinance No. 10022 levying
assessments for the costs of litter removal, by removing the assessment on 3712
North 36th Street in the amount of $260.00 plus accrued interest; and to provide
the effective date. ((SEE FOLDERS))
CCID # 381 - Hearing 4/1/03
* * * * * * * * * * * * * * * *
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EXECUTIVE SESSION ;
73. Motion to go_ into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
Adjourn: 5:57 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.
http://www.ci.ornaha.ne.us/
-26 -
SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR MARCH 25, 2003
LEGISLATIVE CHAMBERS -2:00 P.M. - PREPARED MARCH 24, 2003 AT 1:00 P.M.
"PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARINGS ON
AGENDA ITEM NOS. 74 THROUGH 77
SHALL BE HELD ON THE THIRD READING"
ZONING ORDINANCES ON FIRST READING and Planning Board Attachments
74. Ord. to rezone property located southwest of 168th Street and West Dodge Road
from AG-Agricultural District to DR-Development Reserve District.
CCID # 384 - Hearing 4/8/03
75. Ord. to rezone property located southwest of 168th Street and West Dodge Road
from AG-Agricultural District to MU-Mixed Use District.
CCID # 385 - Hearing 4/8/03
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located southwest of 168th Street and
West Dodge Road from AG to DR and MU - see attached.
# 385 - Over to 4/8/03
76. Ord. to approve a Development Agreement for property located Southwest of
168th Street and West Dodge Road between the City of Omaha and Brown
Investment Partnership, LTD, providing site development standards; and to
provide for an effective date - see attached.
CCID # 386 - Hearing 4/8/03
-27-
ORDINANCE ON FIRST READING- A
77. Ord. rescinding and replacing Ordinance No. 35345 passed September 26, 2000
which approved the Miami Heights Area Redevelopment Agreement. This
ordinance approves the attached redevelopment and tax increment financing
loan agreement with Miami Heights Development Co., LLC, a Nebraska limited
liability company, c/o Michael B. Maroney, 3147 Ames Avenue, Omaha,
Nebraska 68111. The ordinance declares the necessity of appropriating, for the
use of the City of Omaha, certain vacant and improved properties located in the
Miami Heights Development Co., LLC Area Redevelopment project site bounded
by 30th Street on the east, 36th Street on the west, Lake Street on the south and
Maple Street on the north, for acquisition, relocation as appropriate, and
subsequent use as a site for implementing the Miami Heights Development Co.,
LLC Area Redevelopment project 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. ((SEE
FOLDERS)) --
CCID
CCID # 390 - Hearing 4/8/03
"PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEMS NO. 78 THROUGH 80
SHALL BE LAID OVER FOR TWO WEEKS"
RESOLUTIONS RE: VARIANCE. PLAT & SUBDIVISION AGREEMENT
78. Res. that the City Council of the City of Omaha does hereby approve a variance
to the Mixed Use area guidelines of the Land Use Element of the Omaha Master
Plan to allow up to an 11.22% increase in the size of the Community (80) mixed-
use district at the intersection of 168th Street and West Dodge Road, subject to
receipt of an acceptable development agreement for Town Center at Pacific
Springs, and that the development agreement shows Lots 11 and 12 of Town
Center at Pacific Springs as office - see attached.
CCID # 387 - Over 2 wks. to 4/8/03 pursuant to City Council Rule VII E
- 28-
(a) Planning Board and .Planning Department recommend approval of
a variance to the Mixed Use area guidelines of the Land Use
Element of the Omaha Master Plan to allow an increase of up to
11.22% in the size of the Community (80) MU-Mixed Use District at
the intersection of 168th Street and West Dodge Road - see
attached.
# 387 - Over to 4/8/03
79. Res. that the plat entitled VILLAGE POINTE located southwest of 168th Street
and West Dodge Road is hereby approved and accepted - Outside City - see
attached.
CCID # 388 - Over 2 wks. to 4/8/03 pursuant to City Council Rule VII E
(a) Planning Board and Planning Department recommend approval of
the Final Plat of Village Pointe (Formerly Phase Two of Town
Center at Pacific Springs) located southwest of 168th Street and
West Dodge Road - Outside City - see attached.
# 388 - Over to 4/8/03
80. Res. that the Subdivision Agreement among the City of Omaha, Sanitary and
Improvement District 448 of Douglas County, Nebraska, and Brown Investments
Partnership, LTD, as recommended by the Mayor, providing for public
improvements, public amenities, and sewer connection to the Omaha Sanitary _
Sewer System, is hereby approved. The Subdivision is to be known as Village
Pointe (Lots 1-12) and is located Southwest of 168th Street and West Dodge
Road. ((SEE FOLDERS))
CCID # 389 - Over 2 wks. to 4/8/03 pursuant to City Council Rule VII E
* * * * * * * * * * * * * * * *
This agenda, which shall be kept continually current, shall be available for
public inspection in the Office of the City Clerk, Omaha-Douglas Civic
Center, 1819 Farnam, LC 1, Omaha, NE, during normal business hours.
All requests for sign language interpreters (signers) will require a
minimum of 48 hours advance notice. Alternative formats require a
minimum of 72 hours advance notice. Please contact Sandra L. Moses -
444-5552 if arrangements need to be made.
Web Site: www.ci.omaha.ne.us -
- 29 -
s. _