2003-04-29j 7
"CORRECTED"
CITY COUNCIL AGENDA FOR APRIL 29, 2003
LEGISLATIVE CHAMBERS - 2:00 P.M.
ROLL CALL
1. City Clerk calls the roll.
CCID # 535 - Present: Brown, Gernandt, Kraft, Thompson, Vokal,
Welch, Mr. President
2. Pledge of Allegiance.
3. Invocation by Council President Chuck Sigerson of District No. 7.
CERTIFICATION OF PUBLICATION
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City
of Omaha on April 25, 2003, notice re: Pre-Council and Regular City Council
Meetings, April 29, 2003.
CCID # 536 - 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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CONDEMNATION - APPEALS
5. Ann B. Parrish appeals the condemnation of the property located at 1481
Emmet Street - over from 5/21/02 - see attached. ((PUBLIC HEARING HELD
5/21/02 - ACTION CAN BE TAKEN TODAY))
CCID # 1215 - Motion to DENY the appeal, sustain the condemnation and
forfeit the bond Carried 7-0
(a) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 1481 Emmet Street -
over from 5/21/02 - see attached.
# 1215 - From Chair on File
(b) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 1481 Emmet Street.
# 1215 - From Chair on File
6. Scott A. Meyerson, on behalf of Enterprise Bank, NA, appeals the condemnation
of a one-story steel with metal building, located at 4865 South 108th Street - over
from 10/29/02. ((PUBLIC HEARING HELD 10/29/02 - ACTION CAN BE TAKEN
TODAY))
CCID # 2422 - Motion to allow the appeal and return the bond to the
owner Carried 7-0
(a) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 4865 South 108th
Street - over from 10/29/02.
# 2422 - From Chair on File
7. Mark L. & Marjori VoorVart appeal the condemnation of a one-story wood frame
dwelling located at 1021 South 23rd Street - over from 4/22/03 - see attached.
((PUBLIC HEARING HELD 4/22/03 - ACTION CAN BE TAKEN TODAY))
CCID # 506 - Motion to lay over 16 wks. to 8/19/03 and continue the bond
Carried 7-0
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(a) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 1021 South 23rd Street
- over from 4/22/03.
# 506 - Over to 8/19/03
(b) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 1021 South 23rd Street.
# 506 - Over to 8/19/03
8. Marijohn Kirkland appeals the condemnation of a one-story wood frame dwelling
located at 8354 Underwood Avenue - see attached. ((PUBLIC HEARING TODAY
- ACTION CAN BE TAKEN TODAY))
CCID # 537 - Motion by Vokal to lay over 1 wk. to 5/6/03
Councilmember Vokal withdraws his motion
Motion to lay over 1 wk. to 5/6/03 Carried 7-0
(a) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 8354 Underwood
Avenue.
# 537 - Over to 5/6/03
ZONING ORDINANCES ON FINAL READING and Planning Board Attachments
9. Ord. to rezone property located at 201 North Saddle Creek Road from R7-
Medium Density Multiple Family Residential District and GI-General Industrial
District to CC-Community Commercial District. ((PUBLIC HEARING TODAY -
CAN BE PASSED TODAY))
CCID # 468 - ORDINANCE # 36240 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
request to rezone property located at 201 North Saddle Creek
Road from R7 and GI to CC - see attached.
# 468 - From Chair on File
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10. Ord. to rezone property located at 5030 North 72nd Street from R8-High-Density
Multiple-Family Residential District and CC-Community Commercial District to
CC-Community Commercial District. ((PUBLIC HEARING TODAY - CAN BE
PASSED TODAY))
CCID # 440 - ORDINANCE # 36241 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located at 5030 North 72nd Street from
R8 and CC to CC - see attached.
#440 - From Chair on File
11. Ord. to rezone property located at 7607 Irvington Road from GC-General
Commercial District to GI-General Industrial District. ((PUBLIC HEARING
TODAY- CAN BE PASSED TODAY))
CCID # 428 - ORDINANCE # 36242 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located at 7607 Irvington Road from
GC to GI - see attached.
# 428 - From Chair on File
12. Ord. to rezone property located northeast of 151st and Arcadia Avenue from
AG-Agricultural District to R4-Single Family Residential District (High-Density).
((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
CCID # 441 - ORDINANCE # 36243 PASSED 7-0
13. Ord. to rezone property located northeast of 151st and Arcadia Avenue from
AG-Agricultural District to DR-Development Reserve District. ((PUBLIC
HEARING TODAY - CAN BE PASSED TODAY))
CCID # 442 - ORDINANCE # 36244 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located northeast of 151st and Arcadia
Avenue from AG to R4 and DR - see attached.
#442 - From Chair on File
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14. Res. that the plat entitled SADDLEBROOK (Lots 232-382 and Outlots 13, 14,
and 15) located northeast of 151st Avenue and Arcadia Avenue is hereby
approved and accepted - Outside City - over from 4/8/03 - see attached.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 443 - Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of SADDLEBROOK (Lots 232-382 and Outlots 13,
14, and 15) located northeast of 151st Avenue and Arcadia Avenue
- Outside City - over from 4/8/03 - see attached.
# 443 - From Chair on File
15. Res. that the Subdivision Agreement among the City of Omaha, Sanitary and
Improvement District 446 of Douglas County, Nebraska, Saddlebrook Properties,
LLC and Saddlebrook 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
Saddlebrook (Lots 232-382) and is located Northeast of 151st Avenue and
Arcadia Avenue - over from 4/8/03 - see attached. ((PUBLIC HEARING TODAY -
CAN BE ADOPTED TODAY))
Res. # 444 - Adopt 7-0
16. Ord. to approve an amendment to the Development Agreement for property
located Southwest of 156th and Fort Streets (Stone Creek Plaza) between the
City of Omaha and Stone Creek Plaza LLC, providing site development and use
standards; and to provide for an effective date - see attached. ((PUBLIC
HEARING TODAY - CAN BE PASSED TODAY))
CCID # 449 - ORDINANCE # 36245 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
an amendment to the Development Agreement for property located
Southwest of 156th and Fort Streets (Stone Creek Plaza) - see
attached.
# 449 - From Chair on File
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17. Ord. to approve an amendment to Chapter 55, Sections 403 and 405 of the
Omaha Municipal Code regarding removing Automotive Sales as a Permitted
Use and requiring a Special Use Permit for Automotive Sales in the GC-General
Commercial District; to repeal Sections 55-403 and 55-405, as heretofore
existing; and to provide for the effective date hereof - see attached. ((PUBLIC
HEARING TODAY - CAN BE PASSED TODAY))
CCID # 427 - ORDINANCE # 36246 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request by the Planning Department of an amendment to Chapter
55 to change Automotive Sales from a permitted use to requiring a
Special Use Permit in GC - see attached.
#427 - From Chair on File
RESOLUTIONS RE: PLATS & SUBDIVISION AGREEMENTS
"PURSUANT TO CITY COUNCIL RULE VII E,
AGENDA ITEM NOS. 18 THROUGH 19 SHALL BE LAID OVER
TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING"
18. Res. that the replat transmitted herewith entitled Immanuel South, located
Southeast of 72nd Street and Redick Avenue, is hereby approved; and
concurrently a portion of the existing plat entitled Immanuel Replat, and
described on said replat, is hereby vacated - Inside City - see attached.
CCID # 580 - Over 2 wks. to 5/13/03 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 IMMANUEL SOUTH, located Southeast of 72nd
Street and Redick Avenue - Inside City - see attached.
# 580 - Over to 5/13/03
19. Res. that the plat entitled HOME DEPOT PLAZA located northeast of 132nd and
"L" Streets, is hereby approved and accepted - Inside City- see attached.
CCID # 569 - Over 2 wks. to 5/13/03 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 HOME DEPOT PLAZA located northeast of 132nd
and "L" Streets - Inside City - see attached.
# 569 - Over to 5/13/03
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"PURSUANT TO CITY COUNCIL RULE VII E,
AGENDA ITEM NOS. 20 THROUGH 21
SHALL BE LAID OVER FOR TWO WEEKS"
20. Res. that the plat entitled WEST BAY SPRINGS located northeast of 189th and
"F" Streets is hereby approved and accepted - Outside City - see attached
CCID # 544 - Over 2 wks. to 5/13/03 pursuant to City Council Rule VII E
(a) Planning Board and Planning Department recommend approval of
the Final Plat of WEST BAY SPRINGS located Northeast of 189th
and "F" Streets - see attached.
# 544 - Over to 5/13/03
21. Res. that the Subdivision Agreement among the City of Omaha, Sanitary and
Improvement District 485 of Douglas County, Nebraska, West Bay Springs, LLC,
and West Bay Springs Homeowners Association, as recommended by the
Mayor, providing for the public improvements, park acquisition and donation,
natural environmental area donation and sewer connection to the Omaha
Sanitary Sewer System, is hereby approved. The Subdivision is to be known as
West Bay Springs (Lots 1-158) and is located Northeast of 189th and "F" Streets -
see attached.
CCID # 555 - Over 2 wks. to 5/13/03 pursuant to City Council Rule VII E
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PLAT AND DEDICATION
22. Plat and Dedication of a 42 foot x 200 foot strip of land along the south side of
State Street, east of 144th Street (adjacent to 13995 State Street) - Outside City -
see attached. ((PUBLIC HEARING TODAY - CAN BE APPROVED TODAY))
CCID # 541 - Approve 7-0
(a) Planning Board and Planning Department recommend approval of
Plat and Dedication of a 42 foot x 200 foot strip of land along the
south side of State Street, east of 144th Street (adjacent to 13995
State Street) - see attached.
# 541 - From Chair on File
ORDINANCES ON FINAL READING and Planning Board Attachments
23. Ord. to amend Section 53-12, "Filing Fee", of the Omaha Municipal Code; to
repeal Section 53-12, "Filing fee."; and to provide for the effective date hereof -
see attached. ((PUBLIC HEARING HELD 4/22/03 - CAN BE PASSED TODAY))
CCID #425 - ORDINANCE # 36247 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
an amendment to Chapter 53 regarding changes to subdivision plat
application fees - see attached.
# 425 - From Chair on File
24. Ord. vacating a triangular portion of the east/west alley on the south side
between Erskine and Grant Streets from the Northwest Radial Highway, west,
and providing for the effective date hereof - see attached. ((PUBLIC HEARING
HELD 4/22/03 - CAN BE PASSED TODAY))
CCID # 426 - ORDINANCE # 36248 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
the vacation of a triangular portion of the east/west alley between
Erskine and Grant Streets, Northwest Radial Highway and North
48th Street - Inside City - see attached.
# 426 - From Chair on File
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ORDINANCES ON FINAL READING
25. Ord. to waive the fifteen (15) day appeal requirement in Section 43-38 of the
Omaha Municipal Code for condemned property at 2747 Mary Street, owned by
Mike Lagana; 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 HELD 4/22/03 - CAN BE PASSED
TODAY))
CCID # 455 - ORDINANCE # 36249 PASSED 7-0
26. Special Ord. levying a special tax assessment for demolition of condemned
buildings or structures in accordance with Section 43-27(e) of the Omaha
Municipal Code on certain lots in the City of Omaha - Group No. 2003-01 - see
attached. ((PUBLIC HEARING HELD 4/22/03 - CAN BE PASSED TODAY))
CCID # 465 - Special Ordinance read
SPECIAL ORDINANCE # 10032 PASSED AS AMENDED 7-0
(a) Amendment requested by the Planning Department - see attached.
# 465 -Approve 7-0
"PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARINGS ON
AGENDA ITEM NOS. 27 THROUGH 32
SHALL BE HELD ON THE THIRD READING"
ZONING ORDINANCES ON SECOND READING
27. Ord. to rezone property located northeast of 31st Avenue and St. Mary's Avenue
from R6-Low Density Multiple Family Residential District and GC-General
Commercial District to R6-Low Density Multiple Family Residential District.
CCID # 516 - Over to 5/6/03
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28. Ord. to adopt a PK Parking Overlay District located northeast of 31st Avenue and
St. Mary's Avenue, to approve the Parking Plan, and to provide for an effective
date - see attached.
CCID # 517 - Over to 5/6/03
29. Ord. to rezone property located northwest of 75th Street and Lake Cunningham
Road from DR-Development Reserve District and R4-Single Family Residential
District (High-Density) to R4-Single Family Residential District (High-Density).
CCID # 491 - Over to 5/6/03
30. Ord. to rezone property located northwest of 75th Street and Lake Cunningham
Road from DR-Development Reserve District to DR-Development Reserve
District.
CCID #492 - Over to 5/6/03
31. Ord. to rezone property located Southeast of 185th Avenue and Farnam Street
from AG-Agricultural District to DR-Development Reserve District.
CCID # 483 - Over to 5/6/03
32. Ord. to rezone property located Southeast of 185th Avenue and Farnam Street
from AG-Agricultural District to R4-Single Family Residential District (High-
Density).
CCID # 484 - Over to 5/6/03
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ORDINANCES ON SECOND READING
33. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of rebuilding traffic signals at the intersection of
72nd and Seward Streets, 72nd and Western Avenue, and 84th and Cass Streets,
identified as OPW No. 50035; 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 # 514 - Over to 5/6/03
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34. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of widening Pacific Street, from Bob Boozer
Drive to 169th Street, identified as Special Project No. 99-24, Federal Aid Project
STPC-5044(5); 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 # 515 - Over to 5/6/03
35. Ord. to amend the official records, logs, and plats of the City of Omaha in
accordance with Chapter 34 of the Omaha Municipal Code by providing for the
change in the name of 6th Street from Dodge Street North to Abbott Drive to
"Riverfront Drive"; and to provide the effective date hereof - see attached.
((PUBLIC HEARING TODAY))
CCID # 519 - Over to 5/6/03
(a) Document submitted by R. J. Brown re: proposed Ordinance
changing the name of 6th Street from Dodge Street North to Abbott
Drive to "Riverfront Drive".
# 519 - Over to 5/6/03
36. Ord. to accept the bid of Ken Labs Trash, Inc. for 20 cubic yard dumpster
service to be used by the Parks Division of the Parks, Recreation and Public
Property Department for a period of one year beginning May 1, 2003, with an
extension provision of one year; to authorize payment in accordance therewith; to
authorize the Purchasing Agent to issue a purchase order; and to provide an
effective date - see attached. ((PUBLIC HEARING TODAY))
CCID # 495 - Over to 5/6/03
37. Ord. to approve an agreement between the City of Omaha and Regency Homes
Association for grounds maintenance of the public park, parkways and street
right-of-ways in the Regency Subdivision - see attached. ((PUBLIC HEARING
TODAY))
CCID # 531 - Over to 5/6/03
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(a) Amendment requested by Councilmember Marc Kraft - see
attached.
# 531 - Over to 5/6/03
(b) Communication from Warren Weaver, Council Staff Assistant, re:
Amendment to Regency Grounds Maintenance Agreement.
# 531 - Over to 5/6/03
38. Ord. to accept the bid of Green Earth Enterprises, Inc., in the amount of
$60,369.00 for grounds maintenance of the Regency Subdivision; to authorize
payment in accordance therewith; to authorize the Purchasing Agent to issue a
purchase order; and to provide the effective date - see attached. ((PUBLIC
HEARING TODAY))
CCID # 520 - Over to 5/6/03
(a) Opinion of Jo A. Cavel, Assistant City Attorney, re: Award to Other
than Low Bidder - Lawn Maintenance Contract for Regency
Subdivision.
# 520 - Over to 5/6/03
39. Ord. to approve an Amendment to the Agreement between the City of Omaha
and Employers Modern Life Company for life insurance coverage for eligible
employees of the City of Omaha; to extend the term for one additional year to
June 30, 2005; to accept a rate reduction to $.195/thousand for basic and
Accidental Death & Dismemberment, effective March 1, 2003; to authorize
payment in accordance with such reduced rates specified therein; and to provide
an effective date - see attached. ((PUBLIC HEARING TODAY))
CCID #487 - Over to 5/6/03
40. Ord. to approve a contract by and between the City of Omaha, a municipal
corporation in Douglas County, Nebraska and Alegent Health Occupational
Health Services, a division of Alegent Health Visions, a Nebraska corporation
with its principal place of business at 7710 Mercy Road, Suite 502, Omaha, NE,
68124, for drug and alcohol testing of City employees required to have
Commercial Driver's Licenses, and all other employees under the City of Omaha
Drug and Alcohol Policy and Procedures, involving the payment of money from
appropriations of more than one year as provided in Section 5.17 of the Home
Rule Charter of the City of Omaha, 1956, as amended, for a period of three
years, with extension of the contract for two additional one year periods upon the
mutual consent of the parties, to provide funds from Personnel Department
11111, Organization 105011, and to provide the effective date hereof - see
attached. ((PUBLIC HEARING TODAY))
CCID # 494 - Over to 5/6/03
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41. Ord. to amend certain portions of Special Ordinance No. 10022 levying
assessments for the costs of litter removal, by removing the assessment on 4309
Franklin Street in the amount of $160.00 plus accrued interest; and to provide the
effective date - see attached. ((PUBLIC HEARING TODAY))
CCID # 533 - Over to 5/6/03
APPEAL RE: BID REJECTION AND RESOLUTION
42. John Green, attorney representing Midwest Vehicle Professionals, Inc. and
Pierce Manufacturing Company appeals the rejection of their bid of March 5,
2003 on "Fire Pumpers" - see attached. ((PUBLIC HEARING TODAY - MOTION
NEEDED TO APPROVE OR DENY THE APPEAL))
CCID # 474 - Motion to DENY the appeal Carried 6-1 Yeas: Brown,
Gernandt, Kraft, Vokal, Welch, Sigerson Nay: Thompson
(a) Communication from Robert C. Dahlquist, Fire Chief, re: Reasons
for rejecting four bids for fire pumpers.
# 474 - From Chair on File
(b) Communication from John Green, Attorney, re: Bid rejection
appeal by Midwest Vehicle Professionals, Inc. and Pierce
Manufacturing Company for the purchase of fire pumpers.
# 474 - From Chair on File
(c) Communication from Battalion Chief John Incontro, Omaha Fire
Department, re: Fire Pumper Specifications.
#474 - From Chair on File
43. Res. that the bid of Ed M. Feld, in the total amount of$994,683.00 is accepted as
the lowest and best bid meeting the specifications, and the Purchasing Agent is
directed to issue a Purchase Order for the purchase of three (3) fire pumper
trucks in accordance with specifications, said sum to be paid from Year 2003
funding, 2000 Public Safety Bond Fund 13294, Fire Capital Organization 114512,
Project 0361, Account 45215 - see attached. ((PUBLIC HEARING TODAY - CAN
BE ADOPTED TODAY))
Res. # 539 - Adopt 7-0
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RESOLUTIONS
44. Res. that Councilmembers Frank Brown, Franklin Thompson and Dan Welch
shall assess damages, if any, to owners and parties affected by the vacation of
the south 33 feet of Saratoga Street from the north/south alley west of 30th Street
to 32nd Street. Said Committee shall give reasonable notice to the owners and
parties interested in the property affected by such vacation - see attached.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 556 - Adopt 7-0
45. Res. assigning Councilmembers Frank Brown, Franklin Thompson and Dan
Welch to assess damages, if any, relative to the proposed vacation of Douglas
Street from 71st Street to 72nd Street - see attached. ((PUBLIC HEARING TODAY
- CAN BE ADOPTED TODAY))
Res. # 560 - Adopt 7-0
46. Res. approving the contract with WBE Company, Inc., as recommended by the
Mayor, for SP 97-14, being the reconstruction of 132nd Street from Webster
Street to Blondo Street to be paid from the Street & Highway Bond Organization
116167, 2000 Street & Highway Bond (2003 Issue)#3, in the amount of
$1,585,339.64 - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 554 - Adopt 7-0
47. Res. that the City agrees to accept the March 27, 2003 grant from the U.S.
Economic Development Administration in the amount of $1,500,000.00 to fund
the Burt/lzard Ditch enclosure, and accept and exercise bid item #77 in the
amount of $300,000.00 - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 571 - Adopt 7-0
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48. Res. that the Interlocal Cooperation Agreement between the City of Omaha and
Douglas County School District 001, as recommended by the Mayor, providing
for the public improvements and sewer connections to the Omaha sewer system,
is hereby approved. The Finance Department is authorized to pay for the
construction estimated to be $348,600.00 from the Special Assessment
Organization 116168, Capital Special Assessment Fund 13573; $19,000.00 from
Sewer Construction Organization 116251, 2000 Sewer Bond Fund (2003 issue)
13117; and $31,000.00 from the Intersection Construction Organization 116166,
2000 Street and Highway (2003 issue) Fund 13177, 2003 Funding; and the
Public Works Department is authorized to create the Street Improvement District
No. 6870 to construct the improvements. The project is being built to facilitate
access to Douglas County School District 001, new elementary school located at
17th and "P" Streets - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 559 - Adopt 7-0
49. Res. authorizing the Purchasing Agent to issue a Purchase Order to Husker Auto
for the purchase of a half ton 4x4 pickup truck to include air conditioning and
repair manuals to be utilized by the Missouri River Wastewater Treatment Plant
in the amount of $20,994.77 to be paid from the Interceptor Collections System
Organization 116615, Sewer Revenue Fund 21121, year 2003 funding - see
attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 558 - Adopt 7-0
50. Res. authorizing the Purchasing Agent to issue a Purchase Order to Husker Auto
for the purchase of three compact cars with repair manuals to be utilized by the
Construction Division in the amount of $36,593.31 to be paid from the
Construction Organization 116121, Street and Highway Allocation Fund 12131,
year 2003 funding - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 557 - Adopt 7-0
51. Res. the contract with Swain Construction, Inc., as recommended by the Mayor,
in the amount of $72,189.87 is hereby approved and that the Finance
Department is authorized to pay the cost from the 2003 Community Development
Block Grant Fund 12186, Organization 129126 - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 538 - Adopt 7-0
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52. Res. that the attached agreements, as recommended by the Mayor, to provide a
Target Area Special Needs Grant in the amount of $14,725.00 for the lead
hazard control work at the property owned and occupied by Shadrick R. Kuhn
and Kimberly A. Reid-Kuhn, located at 2417 Fontenelle Boulevard, through the
Target Area Program, Special Needs Project, in combination with a grant of
$12,000.00 through the Lead Based Paint Hazard Control Program, for a total of
$26,725.00, is hereby approved. The contract is to be awarded to Coleman
Construction. Funds in the amount of $14,725.00 shall be paid from FY 2003,
CDBG Single Family Target Area Rehabilitation Program, Fund No. 12186,
Organization No. 129114 and $12,000.00 from Lead-Based Paint Program, Fund
No. 12136, Organization No. 128013 - see attached. ((PUBLIC HEARING
TODAY- CAN BE ADOPTED TODAY))
Res. # 546 - Adopt 7-0
53. Res. that the attached agreement, as recommended by the Mayor, to provide a
Target Area Special Needs Grant in the amount of $16,173.00 for the lead
hazard control work at the property owned and occupied by Sharon Sledge,
located at 6805 Minne Lusa Boulevard, through the Target Area Program,
Special Needs Project, in combination with a grant of $12,000.00 through the
Lead Based Paint Hazard Control Program, is hereby approved. The contract is
to be awarded to Home Renewal, L.L.C. Funds shall be paid from FY 2003,
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
ADOPTED TODAY))
Res. # 547 - Adopt 7-0
54. Res. that Sanitary and Improvement District No. 468, Grayhawk, southwest of
144th and Maple Streets, is authorized to contract with Lawnsmith & Co. Inc. for
park improvements in the amount of $144,301.88 and incur soft costs that bring
the total project cost to $202,022.63. All costs will become a general obligation
of the District - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED
TODAY))
Res. # 548 - Adopt 7-0
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55. Res. that, as recommended by the Mayor, the bid of Tincher Ford in the amount
of $466,416.00, which represents the bid for 18 new police cruisers, being the
lowest and best bid received within bid specifications, which is incorporated
herein by this reference, is hereby accepted and the same hereby approved; that
the Finance Department of the City of Omaha is authorized to pay the cost of ten
(10) cruisers in the amount of $259,120.00 from Fiscal Year 2003, Fund 11111,
Organization 113141, Account 44234; four (4) cruisers in the amount of
$103,648.00 from Fiscal Year 2003, Local Law Enforcement Block Grant 2001,
Fund 12148, Organization 130725, Account 44234; two (2) cruisers in the
amount of $51,824.00 from Fiscal Year 2003, Local Law Enforcement Block
Grant 2002, Fund 12148, Organization 130752, Account 44234; and two (2)
cruisers in the amount of $52,000.00 from Fiscal Year 2003, Fund 11111,
Organization 113141, Account 44234 (Keno/Lottery transfer). ((SEE FOLDERS))
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 573 - Adopt 7-0
56. Res. that the placement of Commemorative street signs on three streets which
bound the birthsite of Malcolm X between Bedford Avenue, from 33rd Street to
36th Street; on Evans Street from 33rd Street to 36th Street; and on North 36th
Street, the one block between Pinkney Street and Evans Street is hereby
approved and the payment for the signs shall be by private means and not City
funds and that the signs shall read "Malcolm X Birth Site" and the Public Works
Department is authorized to erect an acceptable sign therefore, to be paid for by
private means, in compliance with all applicable local and state statutes,
ordinances or regulations and policies. ((SEE FOLDERS)) ((PUBLIC HEARING
TODAY - CAN BE ADOPTED TODAY))
Res. # 581 - Adopt 7-0
LIQUOR
57. CLASS "C" - BullzEye Entertainment Corporation, dba "Naughty Lounge", 10730
Pacific Street, Suites 113-116. New application, new location. Property posted:
4/11/03. Notification sent: 4/18/03 - see attached. ((YOU HAVE YOUR
HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO
ADOPT A RESOLUTION EITHER TO GRANT OR DENY))
Res. # 561 - Grant 7-0
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58. CLASS "C" - El Mounty, Inc., dba "Mounty's Pub & Grill", 8634 "F" Street. New
application, new location. Property posted: 4/9/03. Notification sent: 4/18/03 -
see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT
YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT
OR DENY))
Res. # 562 - Grant 7-0
59. CLASS "C" - H.M. Enterprises, L.L.C., dba "Hiro Sushi", 3655 North 129th Street.
New application, new location. Property posted: 4/11/03. Notification sent:
4/18/03 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION
BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO
GRANT OR DENY))
Res. # 563 - Motion to suspend City Council Liquor Rules Carried 7-0
Grant 7-0
Motion to reinstate City Council Liquor Rules Carried 7-0
60. CATERING - Advantage Investments, Inc., dba "Icehouse", 10920 Emmet Street.
New application, old location. Presently holds a Class "C" 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))
CCID # 564 - Approve 7-0
61. Blazin Wings, Inc., dba "Buffalo Wild Wings Grill & Bar", 14615 West Maple
Road, requests permission to appoint Vicki L. Rush manager of their present
Class "I" Liquor License - see attached. ((PUBLIC HEARING TODAY - CAN BE
APPROVED TODAY))
CCID # 565 - Approve 7-0
62. GMRI, Inc., dba "Red Lobster #0414", 2707 South 140th Street, requests
permission to appoint Kathy R. Kahl manager of their present Class "I" Liquor
License - see attached. ((PUBLIC HEARING TODAY - CAN BE APPROVED
TODAY))
CCID # 566 - Approve 7-0
63. Nick & Tony's of Omaha, Inc., dba "Nick & Tony's", 1005 Dodge Street, requests
permission to appoint Robert W. Smith manager of their present Class "I" Liquor
License - see attached. ((PUBLIC HEARING TODAY - CAN BE APPROVED
TODAY))
CCID # 567 - Approve 7-0
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•
64. Hinky Dinky Leavenworth, LLC, dba "Wholesale Food Outlet #733", 2900
Leavenworth Street, requests permission to appoint John S. Lien manager of
their present Package Liquor License - see attached. ((PUBLIC HEARING
TODAY- CAN BE APPROVED TODAY))
CCID # 568 -Approve 7-0
"PURSUANT TO CITY COUNCIL RULE VII D,
THE PUBLIC HEARINGS ON
AGENDA ITEM NOS. 65 THROUGH 74
SHALL BE HELD ON THE THIRD READING"
ZONING ORDINANCES ON FIRST READING and Planning Board Attachments
65. Ord. to rezone property located at 3035 Saratoga Street from GI-General
Industrial District to R4-Single Family Residential District (High-Density).
CCID # 540 - Hearing 5/13/03
(a) Planning Board and Planning Department recommend approval of
request to rezone property located at 3035 Saratoga Street from GI
to R4 - see attached.
# 540 - Over to 5/13/03
66. Ord. to rezone property located Southeast of 72nd Street and Redick Avenue
from DR-Development Reserve District, CC-Community Commercial District, and
GO-General Office District to R7-Medium-Density Multiple-Family Residential
District.
CCID # 575 - Hearing 5/13/03
67. Ord. to rezone property located Southeast of 72nd Street and Redick Avenue
from DR-Development Reserve District, CC-Community Commercial District, and
GO-General Office District to LO-Limited Office District.
CCID # 576 - Hearing 5/13/03
68. Ord. to rezone property located Southeast of 72"d Street and Redick Avenue
from DR-Development Reserve District, CC-Community Commercial District, and
GO-General Office District to GO-General Office District.
CCID # 577 - Hearing 5/13/03
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69. Ord. to rezone property located Southeast of 72nd Street and Redick Avenue
from DR-Development Reserve District, CC-Community Commercial District, and
GO-General Office District to CC-Community Commercial District.
CCID # 578 - Hearing 5/13/03
70. Ord. to rezone property located Southeast of 72nd Street and Redick Avenue
from DR-Development Reserve District, CC-Community Commercial District, and
GO-General Office District to DR-Development Reserve District.
CCID # 579 - Hearing 5/13/03
(a) Planning Board and Planning Department recommend approval of
the request to rezone property located Southeast of 72nd Street and
Redick Avenue from DR, CC and GO to R7, LO, GO, CC and DR -
see attached
# 579 - Over to 5/13/03
71. Ord. to rezone property located northeast of 189th and "F" Streets from
AG-Agricultural District to DR-Development Reserve District.
CCID # 542 - Hearing 5/13/03
72. Ord. to rezone property located northeast of 189th and "F" Streets from
AG-Agricultural District to R4-Single Family Residential District (High-Density).
CCID # 543 - Hearing 5/13/03
(a) Planning Board and Planning Department recommend approval of
the request to rezone property located Northeast of 189th and "F"
Streets from AG to DR and R4 - see attached.
# 543 - Over to 5/13/03
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ORDINANCES ON FIRST READING
73. Ord. creating Street Improvement District 6870 in the City of Omaha, for the
purpose of improving "P" Street from 17th to 18th Streets, 17th Street from "P" to
"Q" Streets, and "Q" Street from 17th to 18th Streets, by grading, curbing and
paving; fixing and defining the boundaries of said District; authorizing acquisition
of the necessary right-of-way for the construction of the improvement, authorizing
the design, management, and inspection of the improvement, advertise for bids
for the construction of the improvement; and to provide an effective date hereof-
see attached.
CCID # 552 - Hearing 5/13/03
74. Ord. to approve a Subdivision Agreement between the City of Omaha and Home
Depot USA, Inc., for the public improvements of Home Depot Plaza located
northeast of 132nd and "L" Streets; declaring the necessity of appropriating for
use of the City of Omaha certain herein described property for acquisition,
relocation, as appropriate, and subsequent use for the public improvements
described in the attached agreement; 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 # 572 - Hearing 5/13/03
* * * * * * * * * * * * * * * *
•
"PURSUANT TO CITY COUNCIL RULE VII C,
THE PUBLIC HEARINGS
ON AGENDA ITEM NOS. 75 THROUGH 81
SHALL BE HELD ON THE SECOND READING"
ORDINANCES ON FIRST READING and Planning Board Attachments
75. Ord. vacating Seward Street between 6th Street and 8th Street in the City of
Omaha and providing the effective date hereof- see attached.
CCID # 549 - Hearing 5/6/03
(a) Planning Board and Planning Department recommend approval of
the vacation of Seward Street from 6th to 8th Streets - Inside City -
see attached.
# 549 - Over to 5/6/03
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•
76. Ord. vacating Burt Street from 47th Street east one-half block to the north/south
alley in the City of Omaha and providing the effective date hereof- see attached.
CCID # 550 - Hearing 5/6/03
(a) Planning Board and Planning Department recommend approval of
the vacation of Burt Street from 47th Street east '/z block to the
North/South alley - see attached.
# 550 - Over to 5/6/03
77. Ord. vacating the pedestrian walkway from 79th and Shirley Streets to 80th Street
and Shirley Circle in the City of Omaha and providing the effective date hereof -
see attached.
CCID # 551 - Hearing 5/6/03
(a) Planning Board and Planning Department recommend approval of
the vacation of the pedestrian walkway from 79th and Shirley
Streets to 80th Street and Shirley Circle - see attached.
# 551 - Over to 5/6/03
ORDINANCES ON FIRST READING
78. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of widening 108th Street, from Patrick Street to
Emmett Street, identified as Special Project No. 82-16, Federal Aid Project
STPC-5011(6); 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 # 553 - Hearing 5/6/03
79. Ord. to amend Chapter 17 of the Omaha Municipal Code dealing with noise
control, by adding thereto a new section numbered 17-4, entitled "Refuse
Collection Prohibited During Certain Hours;" to provide for the prohibition of
refuse collection at any time other than the hours falling between 7:00 a.m. and
7:00 p.m.; providing for certain exceptions; and providing for the effective date
hereof- see attached.
CCID # 545 - Hearing 5/6/03
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80. Ord. to amend certain portions of Special Ordinance No. 9959 levying
assessments for the costs of tree removal, by removing the assessment on 2448
Manderson Street in the amount of $288.00 plus accrued interest; and to provide
the effective date - see attached.
CCID # 574 - Hearing 5/6/03
81. Ord. to amend certain portions of Special Levy Ordinance No. 10024 levying an
assessment for weed abatement in the year 2003, by repealing the assessment
on the property legally described as Lot 19 - 40 x 150, Lands Addition to the City
of Omaha, Douglas County, Nebraska, 1918 Ames Avenue; and to provide for an
effective date hereof- see attached.
CCID # 570 - Hearing 5/6/03
* * * * * * * * * * * * * * * *
EXECUTIVE SESSION
82. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
Adjourn 3:10 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.omaha.ne.us/
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