2003-08-26j r
"CORRECTED"
CITY COUNCIL AGENDA FOR AUGUST 26, 2003
LEGISLATIVE CHAMBERS -2:00 P.M.
ROLL CALL
1. City Clerk calls the roll.
CCID # 1104 - Present: Sigerson, Thompson, Welch, Brown, Gernandt,
Kraft, Mr. President
2. Pledge of Allegiance.
3. Invocation by Councilmember Marc Kraft of District No. 1.
CERTIFICATION OF PUBLICATION
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City
of Omaha on August 22, 2003, notice re: Pre-Council and Regular City Council
Meetings, August 26, 2003.
CCID # 1105 - 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 - APPEALS
5. Mary E. Adams appeals the condemnation of a two-story wood frame dwelling
located at 4022 Lafayette Avenue - over from 12/17/02 - see attached. ((PUBLIC
HEARING HELD 12/17/02 - ACTION CAN BE TAKEN TODAY))
CCID # 2722 - Motion to lay over 6 wks. to 10/7/03 Carried 7-0
(a) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 4022 Lafayette Avenue
- over from 12/17/02.
# 2722 - Over to 10/7/03
(b) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 4022 Lafayette
Avenue.
# 2722 - Over to 10/7/03
6. Bart Emanuel appeals the condemnation of a foundation located at 16102
Spencer Street - over from 2/25/03 and continue the existing bond - see
attached. ((PUBLIC HEARING HELD 2/11/03 AND 2/25/03 - ACTION CAN BE
TAKEN TODAY))
CCID # 166 - Motion to lay over 6 wks. to 10/7/03 Carried 7-0
(a) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 16102 Spencer Street -
over from 2/25/03.
# 166 - Over to 10/7/03
(b) Communication from Bart Emanuel on the condemnation of 16102
Spencer Street re: letter of approval from American National Bank
- over from 2/25/03
# 166 - Over to 10/7/03
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(c) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 16102 Spencer Street -
over from 2/25/03.
# 166 - Over to 10/7/03
(d) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 16102 Spencer Street.
# 166 - Over to 10/7/03
7. Tina Jones appeals the condemnation of a 1 story wood frame dwelling located
at 2537 Binney Street - over from 2/25/03. ((PUBLIC HEARING HELD 2/25/03 -
ACTION CAN BE TAKEN TODAY))
CCID # 203 - 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 2537 Binney Street -
over from 2/25/03.
# 203 - From Chair on File
8. Marijohn Kirkland appeals the condemnation of a one story wood frame dwelling
located at 8354 Underwood Avenue - over from 5/6/03 and continue the current
bond. ((PUBLIC HEARING HELD 4/29/03 - ACTION CAN BE TAKEN TODAY))
CCID # 537 - Motion to lay over 6 wks. to 10/7/03 Carried 7-0
(a) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 8354 Underwood
Avenue - over from 5/6/03.
# 537 - Over to 10/7/03
(b) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 8354 Underwood
Avenue - over from 5/6/03.
# 537 - Over to 10/7/03
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(c) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 8354 Underwood
Avenue.
# 537 - Over to 10/7/03
ZONING ORDINANCES ON FINAL READING and Planning Board Attachments
9. Ord. to rezone property located at 3296 Cook Street from DR-ED, Development
Reserve District-Environmental Resources Overlay District and LC-ED, Limited
Commercial District-Environmental Resources Overlay District to CH-ED,
Highway Commercial Services District-Environmental Resources Overlay
District. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
CCID # 1059 - Motion to lay over 2 wks. to 9/9/03 Carried 7-0
(a) Planning Board and Planning Department recommends DENIAL of
a request to rezone property located at 3296 Cook Street from
DR-ED and LC-ED to CH-ED - see attached.
# 1059 - Over to 9/9/03
(b) Pictures submitted by Martin Cannon, Attorney representing Dale
Cummings, Cummings & Son Construction, re: rezoning of
property located at 3296 Cook Street.
# 1059 - Over to 9/9/03
10. Ord. to rezone property located northwest of 105th Avenue and West Center
Road from DR-Development Reserve District to R4-Single Family Residential
District (High Density). ((PUBLIC HEARING TODAY - CAN BE PASSED
TODAY))
CCID # 1044 - ORDINANCE # 36364 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located northwest of 105th Avenue and
West Center Road from DR to R4 - see attached.
# 1044 - From Chair on File
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D
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11. Res. that the plat entitled ROCKBROOK CREEK ESTATES located northwest of
105th Avenue and West Center Road with a request for a waiver of Section 53-
8(4)(d) Public Street Frontage and Section 53-8(b) maximum cul-de-sac length,
is hereby approved and accepted - Inside City - over from 8/12/03 for publication
and Public Hearing - had publication - see attached. ((PUBLIC HEARING
TODAY - CAN BE ADOPTED TODAY))
Res. # 1045 - Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of ROCKBROOK CREEK ESTATES located
northwest of 105th Avenue and West Center Road - Inside City -
over from 8/12/03 - see attached.
# 1045 - From Chair on File
12. Res. that the Subdivision Agreement among the City of Omaha, Rockbrook
Creek Estates, LLC, Rockbrook Creek Estates Homeowners Association, 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 Rockbrook Creek Estates which will be located Northwest of
105th Avenue and West Center Road - over from 8/12/03 - see attached.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1043 - Adopt 7-0
13. Ord. to rezone property located Northeast of 114th and Ida Streets from DR
Development Reserve District to DR-Development Reserve District. ((PUBLIC
HEARING TODAY - CAN BE PASSED TODAY))
CCID # 1057 - ORDINANCE # 36365 PASSED 7-0
14. Ord. to rezone property located Northeast of 114th and Ida Streets from DR
Development Reserve District to R4 Single Family Residential District (High-
Density). ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
CCID # 1058 - ORDINANCE # 36366 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Northeast of 114m and Ida
Streets from DR to DR and R4 - Outside City - see attached.
# 1058 - From Chair on File
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MEN
15. Res. that the plat entitled DEERWOOD (Lots 1-164 and Outlot A) located
Northeast of 114th and Ida Streets is hereby approved and accepted - Outside
City - over from 8/12/03 - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 1056 - Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of DEERWOOD (Lots 1-164 and Outlot A) located
Northeast of 114th and Ida Streets - Outside City - over from
8/12/03 - see attached.
# 1056 - From Chair on File
16. Ord. to rezone property located northeast of 114th and Ida Streets from
DR-Development Reserve District to R4 Single Family Residential District (High-
Density). ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
CCID # 1064 - ORDINANCE # 36367 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located northeast of 114tn and Ida
Streets from DR to R4 - see attached.
# 1064 - From Chair on File
17. Res. that the plat entitled AVALON (Lots 1-93) located northeast of 114th and Ida
Streets is hereby approved and accepted - Outside City - over from 8/12/03 - see
attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1065 - Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of AVALON (Lots 1-93) located northeast of 114th and
Ida Streets - Outside City - over from 8/12/03 - see attached.
# 1065 - From Chair on File
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18. Res. that the Subdivision Agreement among the City of Omaha, Sanitary and
Improvement District 490 of Douglas County, Nebraska, Ida Street, LLC,
Deerwood Homeowners Association, Inc., and the Avalon Homeowners
Association, Inc., as recommended by the Mayor, providing for the public
improvements, park acquisition, and sewer connection to the Omaha Sanitary
Sewer System, is hereby approved. The Subdivisions are to be known as
Deerwood (Lots 1-164) and Avalon (Lots 1-93) which are located Northeast of
114th and Ida Streets - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 1110 - Adopt 7-0
19. Ord. to approve an amendment to the Present Development Zone Boundary of
the Urban Development Element of the Master Plan for the City of Omaha to
adjust the Present Development Zone Boundary to include property located
northwest of 174th and Blondo Streets; and to provide for the effective date
hereof - see attached. ((PUBLIC HEARING TODAY - CAN BE PASSED
TODAY))
CCID # 1041 - ORDINANCE # 36368 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
an amendment to the Present Development Zone Boundary in the
Urban Development Element of the City of Omaha Master Plan to
adjust the Present Development Zone Boundary located Northwest
of 174th and Blondo Streets - see attached.
# 1041 - From Chair on File
20. Res. that the preliminary plat entitled WILLSHIRE HILLS located Northwest of
174th and Blondo Streets, along with the attached conditions, is hereby accepted;
and, the preparation of the final plat of this subdivision is hereby authorized -
Outside City - over from 8/12/03 - see attached. ((PUBLIC HEARING TODAY -
CAN BE ADOPTED TODAY))
Res. # 1055 - Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of WILLSHIRE HILLS located Northwest of
174th and Blondo Streets - Outside City - over from 8/12/03 - see
attached.
# 1055 - From Chair on File
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MIN
21. Ord. to rezone property located Southwest of 192nd and "F" Streets from
AG-Agricultural District to DR-Development Reserve District. ((PUBLIC
HEARING TODAY - CAN BE PASSED TODAY))
CCID # 1066 - ORDINANCE # 36369 PASSED 7-0
22. Ord. to rezone property located Southwest of 192nd and "F" Streets from
AG-Agricultural District to R4-Single Family Residential District (High-Density).
((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
CCID # 1067 - ORDINANCE # 36370 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Southwest of 192nd and "F"
Street from AG to DR and R4 - see attached.
# 1067 - From Chair on File
23. Res. that the plat entitled WHITEHAWK (Lots 234-725 and Outlot "D") located
Southwest of 192nd and "F" Streets is hereby approved and accepted - Outside
City - over from 8/12/03 - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 1068 - Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of WHITEHAWK (Lots 234-725 and Outlot "D")
located Southwest of 192nd and "F" Streets - Outside City - over
from 8/12/03 - see attached.
# 1068 - From Chair on File
24. Res. that the Subdivision Agreement among the City of Omaha, Sanitary and
Improvement District 476 of Douglas County, Nebraska, Whitehawk
Development, LLC, and the Whitehawk Homeowners Association, as
recommended by the Mayor, and providing for the public improvements,
boulevard acquisition, sewer connection to the Omaha Sanitary Sewer System,
and authorizing the Finance Department to pay an estimated amount of
$91,000.00 for the installation of the Interceptor Sewer, known as WP16A from
the Interceptor Sewer Fund #12133, Organization 116921, 2003 funding, is
hereby approved. The Subdivision is known as WHITEHAWK (Lots 234 - 725)
located southwest of 192nd and "F" Streets - see attached. ((PUBLIC HEARING
TODAY - CAN BE ADOPTED TODAY))
Res. # 1108 - Adopt 7-0
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NMI
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RESOLUTIONS RE: PRELIMINARY PLAT AND PLAT
25. Res. that the preliminary plat entitled HORTON'S ADDITION located at 5236
Ames Avenue, 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 8/12/03 for publication and Public Hearing - had publication - see
attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
CCID # 1054 - Motion to lay over 2 wks. to 9/9/03 Carried 7-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of HORTON'S ADDITION located at 5236
Ames Avenue - Inside City - over from 8/12/03 - see attached.
# 1054 - Over to 9/9/03
"PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD SEPTEMBER 2, 2003,
AGENDA ITEM NO. 26 SHALL BE LAID OVER
THREE WEEKS TO SEPTEMBER 16, 2003"
26. Res. that the plat entitled QUAIL HOLLOW (Lot 143 - 229) located Southeast of
165th and "Q" Streets is hereby approved and accepted - Outside City - see
attached.
CCID # 1116 - Over 3 wks. to 9/16/03 pursuant to City Council Rule VII H
(a) Planning Board and Planning Department recommend approval of
the Final Plat of QUAIL HOLLOW (Lot 143 - 229) located Southeast
of 165th and "Q" Streets - Outside City- see attached.
# 1116 - Over to 9/16/03
* * * * * * * * * * * * * * * *
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ORDINANCE ON FINAL READING
27. Ord. to amend portions of Article X., Chapter 10 of the Omaha Municipal Code
dealing with Publicly Owned Ambulance-Rescue Vehicle Service Charges by
amending Section 10-275 of the Omaha Municipal Code entitled, "Definitions.";
by amending Section 10-276 of the Omaha Municipal Code entitled, "Fee
schedule; payment of fees; records, billing and collection."; to repeal Sections 10-
275 and 10-276 of the Omaha Municipal Code as heretofore existing; and, to
provide the effective date hereof - see attached. ((PUBLIC HEARING HELD
8/19/03 - CAN BE PASSED TODAY))
CCID # 1046 - ORDINANCE # 36371 PASSED 7-0
28. Ord. amending Chapter 31 of the Omaha Municipal Code dealing with sewers by
adding a new section thereto numbered 31-158, entitled "Additional Customer
Charges"; to add certain sums to sewer customer charges and to establish a
separate enterprise fund for Storm Water Management; and to provide an
effective date hereof - see attached. ((PUBLIC HEARING HELD 8/19/03 - CAN -
BE PASSED TODAY))
CCID # 1008 - ORDINANCE # 36372 PASSED 7-0
29. Ord. to amend the cable television franchise agreement between the City of
Omaha and Qwest Broadband Services, Inc.; to expand the franchise area to
include the Convention Center and Arena at 455 North 10th Street; to authorize
the Mayor and City Clerk to execute and attest the franchise agreement
amendments; and to fix the effective date hereof to be immediately upon
passage - see attached. ((PUBLIC HEARING HELD 8/19/03 - CAN BE PASSED
TODAY)) -
CCID # 1063 - ORDINANCE # 36373 PASSED 7-0
(a) Communication from Robert Lanphier, Director, Nebraska Policy &
Law, Qwest, re: cable franchise agreement to include the
Convention Center and Arena at 455 North 10th Street - over from
8/19/03 - see attached.
# 1063 - From Chair on File
(b) Communication from Roger A. Dixon, Executive Director, MECA,
re: Qwest cable franchise serving the new Qwest Center Omaha
located at 455 North 10th Street - over from 8/19/03 - see attached.
# 1063 - From Chair on File
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"PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD SEPTEMBER 2, 2003,
THE THIRD READING ON AGENDA ITEM NOS. 30 THROUGH 36
SHALL BE HELD ON SEPTEMBER 9, 2003"
ORDINANCE ON SECOND READING and Planning Board Attachment
30. Ord. vacating the east/west alley between Capitol Avenue and Davenport Street
from 44th Street to Saddle Creek Road in the City of Omaha and providing the
effective date hereof- see attached. ((PUBLIC HEARING TODAY))
CCID # 1091 - Over to 9/9/03
(a) Planning Board and Planning Department recommend approval of
a request to vacate the east/west alley between Capitol Avenue
and Davenport Street from 44th Street to Saddle Creek Road - see
attached.
# 1091 - Over to 9/9/03
ORDINANCES ON SECOND READING
31. Ord. to amend Section 16-25 of the Omaha Municipal Code dealing with the
registration fee of motor vehicles; to provide for an increase in the registration
fee; to repeal Section 16-25 of the Omaha Municipal Code as heretofore existing;
and to provide for the effective date hereof - see attached. ((PUBLIC HEARING
TODAY))
CCID # 1088 - Over to 9/9/03
32. Ord. to approve and authorize issuance of a purchase order involving payment
from the City of Omaha to Great Plains Realty-Auction Company from
appropriations of more than one year in accordance with Section 5.17 of the
Home Rule Charter of the City of Omaha, 1956, as amended, to provide for
payment to Great Plains Realty-Auction Company for auctioneering services for
the Omaha Police Department Impound Facility extended over a period of thirty-
six months in accordance with the bid specifications, the bid, and this Ordinance
and providing for the effective date hereof - see attached. ((PUBLIC HEARING
TODAY))
CCID # 1092 - Over to 9/9/03
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33. Ord. to waive the fifteen (15) day appeal requirement in Section 43-38 of the
Omaha Municipal Code for condemned property at 5713 Camden Avenue,
owned by Louis Sanders; 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))
logq
CC I D # - Over to 9/9/03
34. Ord. to approve the Collective Bargaining Agreement between the City of Omaha
and the Omaha City Employees, Local 251 American Federation of State,
County and Municipal Employees, AFL-CIO; to provide that any ordinances of
the City of Omaha and any rules and regulations promulgated thereunder which
are in conflict with the provisions of the Collective Bargaining Agreement shall
not be applicable to those employees in the bargaining unit described in Article 1,
Section-1 of said-Collective Bargaining Agreement; to provide authorization for the Mayor to execute and the City Clerk to attest his signature; and to provide the
effective date hereof (38 Hour Proposal) - see attached. ((PUBLIC HEARING
TODAY))
CCID # 1101 - Over to 9/9/03
35. Ord. to approve the Collective Bargaining Agreement between the City of Omaha
and the Omaha City Employees, Local 251 American Federation of State,
County and Municipal Employees, AFL-CIO; to provide that any ordinances of
the City of Omaha and any rules and regulations promulgated thereunder which
are in conflict with the provisions of the Collective Bargaining Agreement shall
not be applicable to those employees in the bargaining unit described in Article 1,
Section 1 of said Collective Bargaining Agreement; to provide authorization for
the Mayor to execute and the City Clerk to attest his signature; and to provide the
effective date hereof (40 Hour Proposal) - see attached. ((PUBLIC HEARING
TODAY))
CCID # 1102 - Over to 9/9/03
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36. Ord. to approve the Collective Bargaining Agreement between the City of Omaha
and Professional Firefighters Association of Omaha, Local 385, affiliated with the
International Association of Firefighters, AFL-CIO-CLC; to provide that any
ordinances of the City of Omaha and any rules and regulations promulgated
thereunder which are in conflict with the provisions of the Collective Bargaining
Agreement shall not be applicable to those employees in the bargaining unit
described in Article 1, Section 1 of said Collective Bargaining Agreement; to
provide authorization for the Mayor to execute and the City Clerk to attest his
signature; and to provide the effective date hereof - see attached. ((PUBLIC
HEARING TODAY))
CCID # 1103 - Over to 9/9/03
(a) Communication from Warren Weaver, Council Staff Assistant, re:
Summary of Proposed Fire Contract.
# 1103 - Over to 9/9/03
SPECIAL USE PERMIT - AUTOMOTIVE SALES
37. Res. that the application submitted by Cartec-Sinclair Sales and Service for a
major amendment to a Special Use Permit to allow Automotive Sales in a
CC-Community Commercial District, located at 2624 North 90th 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 - over from 8/12/03 for publication and Public Hearing -
had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 1062 - Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the request of Cartec-Sinclair Sales and Service for a Major
Amendment to a Special Use Permit to allow Automotive Sales in a
CC District located at 2624 North 90th Street - over from 8/12/03 -
see attached.
# 1062 - From Chair on File
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38. Res. that the Special Use Permit application submitted by Ryan Boe for a Special
Use Permit to allow Automotive Sales in a CC-Community Commercial District,
located southwest of 78th Street and Farnam Drive, 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 8/12/03 for publication and Public Hearing - had publication -
see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
CCID # 1052 - Motion to allow the applicant to withdraw Carried 7-0
(a) Planning Board and Planning Department recommend approval of
the request of Ryan Boe for a Special Use Permit to allow
Automotive Sales in a CC District located southwest of 78th Street
and Farnam Drive - over from 8/12/03 - see attached.
# 1052 - From Chair on File
(b) Communication from Ryan N. Boe requesting that the Special Use
Permit application to allow Automotive Sales in a CC District
located southwest of 78th Street and Farnam Drive be withdrawn -
see attached.
# 1052 - From Chair on File
RESOLUTIONS
39. Res. that Big Red Keno, Ltd., is granted approval to operate a satellite keno
location at the business operated by Alan C. Gaeta, incorporated as Allie Gaeta,
Inc., and doing business under the name Allie Gaeta Keno Lounge at 1414 South
72nd Street, in Omaha, Nebraska; further that approval is subject to continued
compliance with the law, the Lottery Operator's Agreement, as amended, the
keno location criteria, and the terms, conditions and representations in the
application for approval of this location - see attached. ((PUBLIC HEARING
TODAY - CAN BE ADOPTED TODAY))
Res. # 1128 - Adopt 7-0
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40. Res. that Big Red Keno, Ltd., is granted approval to operate a satellite keno
location at the business operated by Janet Anderson and Robert L. Frazier,
incorporated as TB & G Nebraska, Inc., and doing business under the name
Tanner's Bar & Grill at 15505 Ruggles Street, in Omaha, Nebraska; further that
approval is subject to continued compliance with the law, the Lottery Operator's
Agreement, as amended, the keno location criteria, and the terms, conditions
and representations in the application for approval of this location - see attached.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1127 -Adopt 7-0
41. Res. that the Purchase Order to MUD to move water and gas lines located within
the sanitary sewer separation project RNCL 5788E which is in the Country Club
area, is hereby approved; further that the Finance Department is authorized to
pay $36,000.00 from the Sanitary Sewer Improvement, Organization 116912,
Sewer Separation Fund 21124, year 2003 expenditure - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1107 - Adopt 7-0
42. Res. approving the contract with Omaha Electric Service, Inc., as recommended
by the Mayor, for OPW 50047, being Traffic Signals at Various Locations to be
paid from the Traffic Engineering Capital Organization 116189, Street and
Highway Allocation Fund 12131, in the amount of $134,399.01, year 2003
funding - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED
TODAY))
Res. # 1109 - Adopt 7-0
43. Res. approving the award of a contract to R & A Construction, Inc. for Vehicle
Impound Lot-South Auction Lot project located at 7809 "F" Street, Omaha,
Nebraska at a cost of $69,406.50 from the Lease Purchase Bond Fund 13437,
Organization 108031. The funding year is 2003 - see attached. ((PUBLIC
HEARING TODAY- CAN BE ADOPTED TODAY))
Res. # 1112 - Adopt 7-0
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44. Res. that the attached Interlocal Agreement between the City of Omaha,
Nebraska, Douglas County, Nebraska, the City of Elkhorn, Nebraska, the State
of Nebraska Department of Roads, the Nebraska State Historical Society, and
the United States Department of Transportation, Federal Highway Administration,
setting forth each jurisdiction's duties and responsibilities in following and
implementing, as a general policy, the document "A Preservation Plan for the
Lincoln Highway in Elkhorn, December 2002," is hereby approved, and the
Mayor and City Clerk are hereby authorized to execute and attest the attached
Interlocal Agreement - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 1113 - Adopt 7-0
45. Res. that, as recommended by the Mayor, the Interlocal Agreement among the
Omaha-Council Bluffs Metropolitan Area Planning Agency (MAPA), the Cities of
Omaha, Bellevue, La Vista, Papillion, and the Counties of Douglas and Sarpy to
study-the-tran-sportatianireeds-of-Douglas and SarpyCounties and the cities
within, be accepted and the contract awarded; further that the Finance
Department is authorized to pay $35,000.00 from the Street & Highway Bond,
Organization 116167, Fund 13175, year 2003 expenditure - see attached.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1126 - Adopt 7-0
46. Res. that the attached Agreements, as recommended by the Mayor, to provide a
Target Area Special Needs Grant in the amount of $14,972.00 for the
rehabilitation and/or lead hazard control work at the property owned and
occupied by Kevin Smyth (a/k/a Kevin Glen Smyth) and Michelle Smyth (a/k/a
Michelle Minde Smyth) at 4901 Manderson Street, through the Target Area
Program, Special Needs Project, in combination with a grant of $19,000.00 for
lead hazard control work through the Lead-Based Paint Hazard Control Program,
is hereby approved. The contract is to be awarded to Home Renewal, LLC.
Funds in the total amount of $33,972.00 shall be paid, consisting of $14,972.00
from FY 2003, CDBG Single Family Target Area Rehabilitation Program, Fund
No. 12186, Organization No. 129114 and $19,000.00 from Lead-Based Paint
Program, Fund No. 12136, Organization No. 128013 - see attached. ((PUBLIC
HEARING TODAY- CAN BE ADOPTED TODAY))
Res. # 1111 - Adopt 7-0
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47. Res. that, as recommended by the Mayor, the bid in the total amount of
$34,550.00 from Navarro Enterprise Construction, Inc., dated July 16, 2003, to
furnish all labor, materials and equipment necessary to complete the installation
of an additional segment of the West Papio Trail east of 144th and F Street, and
south of old L Street east of Marshall Drive, for the Parks, Recreation and Public
Property Department, per plans and specifications, is hereby accepted. Funds in
this amount shall be paid from the 2003 Park Bond Fund #13352 and
Organization 131621. The Papio-Missouri River Natural Resource District is
sharing in 50% of total costs for this project - see attached. ((PUBLIC HEARING
TODAY - CAN BE ADOPTED TODAY))
Res. # 1106 - Adopt 7-0
48. Res. that, as recommended by the Mayor, between 11:00 p.m. on Saturday,
August 30, 2003 and 5:00 a.m. on Monday, September 1, 2003, and on those
dates only, Levi Carter Park's closing hours shall be suspended to accommodate
the set-up and clean-up for a Native American Pow Wow scheduled for Sunday,
August 31, 2003 by the Warrior Society of Omaha, Nebraska - see attached.
((Pl7BLIC-HEARINt3TO-DAY -CAN BE ADOPTED-TODAY))
Res. # 1114 - Adopt 7-0
LIQUOR
49. CLASS "C" - Allie Gaeta, Inc., dba "Allie Gaeta Keno Lounge", 1414 South 72nd
Street. New application, old location. UPGRADE. Present licensee is Winners,
Inc., dba 'Winners", 1414 South 72nd Street. Property posted: 8/6/03.
Notification sent: 8/15/03 - see attached. ((YOU HAVE YOUR HEARING ON
THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A
RESOLUTION EITHER TO GRANT OR DENY))
Res. # 1117 - Grant 7-0
50. CLASS "J" - Cerra, Philip A. & Mary E., dba "Pudgy's Pizzeria", 13919 "S" Plaza.
New application, new location. Property posted: 8/13/03. Notification sent:
8/15/03 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION
BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO
GRANT OR DENY))
Res. # 1118 - Application read
Motion that City Council Liquor Rules be Suspended
Carried 7-0
Grant 7-0
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51. ON SALE BEER - La Esmeralda, Inc., dba "La Esmeralda", 3215 "Q" Street.
New application, new location. Property posted: 8/6/03. Notification sent:
8/15/03 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION
BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO
GRANT OR DENY))
Res. # 1119 - Application read
Grant as Amended 7-0
(a) Amendment to the On Sale Beer License application for La
Esmeralda, Inc., dba "La Esmeralda", 3215 "Q" Street, to appoint
Samuel Gomez Manager and to correct the trade name to Taqueria
La Esmeralda - see attached.
CCID # 1119 -Approve 7-0
52. PACKAGE - Lumphrung, Inc., dba "Grab N Go", 2410 "Q" Street. New
application, new location. Property posted: 8/5/03. No notification_sent—see
attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR
MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR
DENY))
CCID # 1120 - Motion to lay over 2 wks. to 9/9/03 and continue the Public
Hearing Carried 7-0
(a) Communication from Thomas Garvey, Attorney representing
Lumphrung, Inc., dba "Grab N Go", 2410 "Q" Street, requesting that
their application for a Package Liquor License be laid over 2 weeks
to September 9, 2003 for notification - see attached.
# 1120 - From Chair on File -
53. PACKAGE - TFL, Inc., dba "Tobacco 4 Less", 4108 Dodge Street. New
application, new location. Property posted: 8/5/03. Notification sent: 8/15/03 -
see attached.
Res. # 1121 - Motion by Brown to Grant 2nd by Thompson LOST 3-4
Yeas: Sigerson, Welch, Brown Nays: Thompson, Gernandt, Kraft, Vokal
Motion by Kraft to DENY 2nd by Thompson
Councilmember Kraft withdraws his motion
Councilmember Thompson withdraws his second
Motion to amend application from Package Liquor License to an Off Sale
Beer License Carried 4-3 Yeas: Sigerson, Welch, Brown, Vokal Nays:
Thompson, Gernandt, Kraft
Grant as Amended 4-3 Yeas: Sigerson, Welch, Brown, Vokal Nays:
Thompson, Gernandt, Kraft
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(a) Communication from J. W. Upright, President, Clarkson College,
opposing the application of TFL, Inc., dba "Tobacco 4 Less", 4108
Dodge Street, for a Package Liquor License.
# 1121 - From Chair on File
(b) Communication from Margie Magnuson, President, Joslyn Castle
Neighborhood Association, opposing the application of TFL, Inc.,
dba "Tobacco 4 Less", 4108 Dodge Street, for a Package Liquor
License.
# 1121 - From Chair on File
(c) Petition submitted by Margie Magnuson, President, Joslyn Castle
Neighborhood Association, opposing the application of TFL, Inc.,
dba "Tobacco 4 Less", 4108 Dodge Street, for a Package Liquor
License.
# 1121 - From Chair on File
(d) Statement of conditions submitted by Abdurashid Samiev,
President, TFL, Inc., re: application of TFL, Inc., dba "Tobacco 4
Less", 4108 Dodge Street, for a Package Liquor License
# 1121 - From Chair on File
53.5 PACKAGE - TFL, Inc., dba "Tobacco 4 Less", 5055 South 108th Street, Suite A.
New application, new location. Property posted: 8/11/03. Notification sent:
8/15/03 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATIONS
BUT YOUR MOTION SHOULD BE TO ADOPT RESOLUTIONS EITHER TO
GRANT OR DENY))
Res. # 1122 - Grant 7-0
54. Old Market Co., Inc., dba "La Buvette", 511 South 11th Street, requests
permission for an addition to their present Class "C" Liquor License of an
additional 7 feet to the North of the existing outdoor area - see attached.
((PUBLIC HEARING TODAY - CAN BE APPROVED TODAY))
CCID # 1123 - Approve 7-0
Motion that City Council Liquor Rules be reinstated Carried 7-0
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•
i
55. RT Omaha Franchise, LLC, dba "Ruby Tuesday", 10311 Pacific Street, requests
permission for an addition to their present Class "I" Liquor License of two outdoor
patio areas; northeast of the entrance, an area approximately 30.8 x 11.6' and
southeast of the entrance, an area approximately 17' x 11.6' - see attached.
((PUBLIC HEARING TODAY - CAN BE APPROVED TODAY))
CCID # 1124 - Approve 7-0
PROTEST FILED BY THREE OR MORE RESIDENTS PER SECTIONS 53-135 AND
53-135.01 OF THE NEBRASKA LIQUOR CONTROL ACT, AND LONG-FORM
RENEWAL RESOLUTIONS
56. Res. that the Nebraska Liquor Control Commission is hereby requested to
require Global Security Specialists, Inc., d/b/a "The Click Lounge", at 6223 Ames
Avenue, Omaha, Nebraska, to submit a formal application before its Class "C"
retail liquor license is renewed for tW2003=20O41icensmg year - see attache.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
CCID # 1125 - Motion NOT to adopt Carried 7-0
(a) Protest filed by three or more residents in accordance with Sections
53-135 and 53-135.01 of the Nebraska Liquor Control Act opposing
the automatic renewal of the Class "C" Liquor License of Global
Security Specialists, Inc., dba "The Click Lounge", 6223 Ames
Avenue, for the 2003-2004 licensing year- see attached.
# 1125 - From Chair on File
(b) Complaint of Liquor Law Violations submitted by Pamela Duncan,
re: Automatic renewal of the Class "C" Liquor License of Global
Security Specialists, Inc., dba "The Click Lounge", 6223 Ames
Avenue.
# 1125 - From Chair on File
(c) Pictures submitted by Pamela Duncan re: opposition to automatic
renewal of the Class "C" Liquor License of Global Security
Specialists, Inc., dba "The Click Lounge", 6223 Ames Avenue.
# 1125 - From Chair on File
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•
•
"PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD SEPTEMBER 2, 2003,
THE THIRD READING AND PUBLIC HEARING
ON AGENDA ITEM NO. 57 SHALL BE HELD ON SEPTEMBER 16, 2003"
ZONING ORDINANCE ON FIRST READING and Planning Board Attachment
57. Ord. to rezone property located Southeast of 165th and "Q" Streets from
AG-Agricultural District to R4-Single Family Residential District (High-Density).
CCID # 1115 - Hearing 9/16/03
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Southeast of 165t and "Q"
Streets from AG to R4 - see attached.
# 1115 - Over to 9/16/03
* * * * * * * * * * * * * * * *
"PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD SEPTEMBER 2, 2003,
THE SECOND READING AND PUBLIC HEARINGS
ON AGENDA ITEM NOS. 58 THROUGH 59
SHALL BE HELD ON SEPTEMBER 9, 2003"
58. Ord. to amend Sections 23-177 and 23-494 of the Omaha Municipal Code; to
approve wage and benefit changes for the Administrative and Executive
Classifications; to provide that any ordinances of the City of Omaha, and any
rules and regulations promulgated thereunder, which are in conflict with this
ordinance shall not be applicable to those employees in the employee group
Administrative and Executive Classifications; and to provide the effective date
hereof- see attached.
CCID # 1130 - Hearing 9/9/03
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•
59. Ord. to amend the City's housing and unsafe building standards and enforcement
procedures, by adopting the International Property Maintenance Code with
certain modifications; to repeal Omaha Municipal Code Sections 43-21 through
43-45, 43-52, 43-59, 43-65, and 43-66, and Chapter 48 in its entirety, as
heretofore existing; and to provide the effective date hereof- see attached.
CCID # 1129 - Hearing 9/9/03
EXECUTIVE SESSION
60. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
Adjourned:- :25 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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