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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 - 2 - I f . (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 - 3 - (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 - 4 - D MIK 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 - 5 - 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 - 6 - 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 - 7 - 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 - 8 - NMI ( 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 * * * * * * * * * * * * * * * * - 9 - 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 - 10 - "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 - 11 - 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 - 12 - 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 - 13 - 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 - 14 - • 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 - 15 - 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 - 16 - 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 - 17 - 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 - 18 - (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 - 19 - • 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 - 20- • • "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 - 21 - • 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/ - 22 -