2001-03-13j "CORRECTED"
CITY COUNCIL AGENDA FOR MARCH 13, 2001
LEGISLATIVE CHAMBERS - 2:00 P.M.
ROLL CALL
1. City Clerk calls the roll.
Doc. # 706 - Present: Koneck, Monahan, Sivick, Brown, Herd,
Mr. President
Absent Entire Meeting: Lo
2. Pledge of Allegiance.
3. Invocation by Council President Marc Kraft of District No 7.
CERTIFICATION OF PUBLICATION
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City
of Omaha on March 9, 2001, notice re: Pre-Council and Regular City Council
Meetings, March 13, 2001.
Doc. # 707 - 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.
PLAT AND DEDICATIONS
5. Plat and Dedication of a portion of Outlot "B" Waterford subdivision at 153rd and
Ida Streets - Outside City. ((PUBLIC HEARING TODAY - CAN BE APPROVED
TODAY))
Doc. # 708 - Approve 6-0
(a) Planning Board and Planning Department recommend approval of
the Plat and Dedication of a portion of Outlot "B" Waterford
subdivision at 153rd and Ida Streets - Outside City - see attached.
# 708 - From Chair on File
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"PURSUANT TO CITY COUNCIL RULE VII E,
AGENDA ITEMS NO. 6 THROUGH 8
SHALL BE LAID OVER TWO WEEKS
FOR PUBLICATION AND PUBLIC HEARING"
6. Plat and Dedication of a 17 foot by 263.39 foot piece of land located at 75th
Street and Crown Point Avenue - Inside City.
Doc. # 709 - Over 2 wks. to 3/27/01 for publication and Public Hearing
pursuant to City Council Rule VII E
(a) Planning Board and Planning Department recommend approval of
the Plat and Dedication of a 17 foot by 263.39 foot piece of land
located at 75th Street and Crown Point Avenue - Inside City - see
attached.
# 709 - Over to 3/27/01
7. Plat and Dedication of an irregular parcel of land located at 75th Street and
Crown Point Avenue - Inside City.
Doc. # 710 - Over 2 wks. to 3/27/01 for publication and Public Hearing
pursuant to City Council Rule VII E
(a) Planning Board and Planning Department recommend approval of
the Plat and Dedication of an irregular parcel of land located at 75th
Street and Crown Point Avenue - Inside City- see attached.
# 710 - Over to 3/27/01
8. Plat and Dedication of an irregularly shaped parcel of land Northwest of 87th and
Boyd Streets - Inside City.
Doc. # 711 - Over 2 wks. to 3/27/01 for publication and Public Hearing
pursuant to City Council Rule VII E
(a) Planning Board and Planning Department recommend approval of
the Plat and Dedication of an irregularly shaped parcel of land
Northwest of 87th and Boyd Streets - Inside City - see attached.
# 711 - Over to 3/27/01
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ORDINANCES ON FINAL READING
9. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of widening Ames Avenue from 28th Street to
31st Avenue, identified as Special Project No. 97-15, 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 HELD 3/6/01 - CAN BE PASSED TODAY))
Doc. # 712 - ORDINANCE # 35516 PASSED 6-0
10. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of widening Fort Street from 110th Street to 121st
Street, identified as Special Project No. 93-13A, Federal Aid Project STPC-
5082(4); 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 HELD
3/6/01 - CAN BE PASSED TODAY))
Doc. # 713 - ORDINANCE # 35517 PASSED 6-0
11. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described vacant and improved properties located in the
Convention Center/ Arena Redevelopment Plan Area, within an area generally
defined by the Illinois Central Railroad track on the north, Abbott Drive and the
western edge of the ASARCO Park Development on the east, Dodge Street on
the south and 16th Street on the west, for acquisition, relocation as appropriate,
and subsequent use a site for implementing the Convention Center/Arena
Redevelopment Plan; provided that as to each specified parcel which cannot be
obtained by negotiation, proceedings in eminent domain be undertaken and
completed; and, providing for the effective date hereof. Funding shall be payable
from Convention Center/Arena Project Organization 1196, Fund 360, Agency
195, Activity 5561, Year 2001 funding - see attached. ((PUBLIC HEARING HELD
3/6/01 - CAN BE PASSED TODAY))
Doc. # 714 - ORDINANCE # 35518 PASSED 6-0
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12. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described vacant and improved properties located in the
Stockyards East Redevelopment Plan Area, in an area generally defined by "L"
Street, Union Pacific Railroad track, "Q" Street and 33m Street, for acquisition,
relocation as appropriate, and subsequent use as street right-of-way for
implementing the Stockyards East Redevelopment Plan, provided that as to each
specified parcel which cannot be obtained by negotiation, proceedings in eminent
domain be undertaken and completed; and, providing for the effective date
hereof. Funding shall be payable from FY 2001 Community Development Block
Grant, Fund 193, Agency 200, Organization 8306 - see attached. ((PUBLIC
HEARING HELD 3/6/01 - CAN BE PASSED TODAY))
Doc. # 715 - ORDINANCE # 35519 PASSED 6-0
13. Ord. in accordance with Section 5.10 of the Home Rule Charter of the City of
Omaha, 1956, as amended, to transfer an unencumbered appropriation balance
in the General Fund Contingency Reserve Account in the 2001 Budget of the
City of Omaha in the amount of $151,607; to provide an appropriation to the
Police Department for the funding for the Office of Independent Police Auditor;
and to fix the effective date hereof to be immediately upon passage in
accordance with Section 2.12 of the Home Rule Charter of the City of Omaha,
1956, as amended - see attached. ((PUBLIC HEARING HELD 3/6/01 - CAN BE
PASSED TODAY))
Doc. # 716 - ORDINANCE # 35520 PASSED 6-0
14. Ord. to approve the Development Agreement for property located Southwest of
174th Street and West Maple Road, between the City of Omaha and Westside
Church, providing site development and use standards; and to provide for an
effective date - see attached. ((PUBLIC HEARING HELD 3/6/01 - CAN BE
PASSED TODAY))
Doc. # 717 - ORDINANCE # 35521 PASSED 6-0
15. Ord. authorizing the issuance of a purchase order to Hi-Way Barricades, Inc. for
barricading services to be provided at various locations throughout the city; to
provide for payments from appropriations of more than one year in accord with
Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for
payments from a specific account; and to provide the effective date hereof - see
attached. ((PUBLIC HEARING HELD 3/6/01 - CAN BE PASSED TODAY))
Doc. # 718 - ORDINANCE # 35522 PASSED 6-0
(a) Communication from Rod Austin, Council Staff Assistant, re:
proposed Ordinance authorizing the issuance of a purchase order
to Hi-Way Barricades, Inc., for barricading services.
# 718 - From Chair on File
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16. Ord. to accept the bid of Beyer Mowing for grounds maintenance for "L" Street
Right of Way Mowing for a period of one year with an extension provision of one
year; to authorize payment in accordance therewith; to authorize the Purchasing
Agent to issue a purchasing order; and to provide an effective date - see
attached. ((PUBLIC HEARING HELD 3/6/01 - CAN BE PASSED TODAY))
Doc. # 719 - ORDINANCE # 35523 PASSED 6-0
17. Ord. to accept the bid of Beyer Mowing for grounds maintenance for Quadrant #2
for a period of one year with an extension provision of one year; to authorize
payment in accordance therewith; to authorize the Purchasing Agent to issue a
purchasing order; and to provide an effective date - see attached. ((PUBLIC
HEARING HELD 3/6/01 - CAN BE PASSED TODAY))
Doc. # 720 - ORDINANCE # 35524 PASSED 6-0
18. Ord. to accept the bid of Tom & Sons Lawn & Hauling for grounds maintenance
of the Northwest Radial Highway/Military Avenue right-of-way for a period of one
year with an extension provision of one year; to authorize payment in accordance
therewith; to authorize the Purchasing Agent to issue a purchasing order; and to
provide an effective date - see attached. ((PUBLIC HEARING HELD 3/6/01 -
CAN BE PASSED TODAY))
Doc. # 721 - ORDINANCE # 35525 PASSED 6-0
19. Ord. to waive the fifteen (15) day appeal requirement in Section 43-38 of the
Omaha Municipal Code for condemned property at 424 North 41st Street, owned
by Frank Halpine Contracting; 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 3/6/01 - CAN BE
PASSED TODAY))
Doc. # 722 - ORDINANCE # 35526 PASSED 6-0
20. Ord. to amend Ordinance No. 14303, Section 40-252 of the Omaha Municipal
Code, by an addition thereto of a new Class "A" Flammable Liquids Storage
District, to be known as District No. A-133; and to provide the effective date
hereof- Omaha Home for Boys, 4343 North 52nd Street - see attached. ((PUBLIC
HEARING HELD 3/6/01 - CAN BE PASSED TODAY))
Doc. # 723 - ORDINANCE # 35527 PASSED 6-0
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21. Special Ord. levying a special tax assessment for removing litter in accordance
with Section 18-21 through 18-30 of the Omaha Municipal Code on certain lots in
the City of Omaha. Group No: 2001-7 - see attached. ((PUBLIC HEARING
HELD 3/6/01 - CAN BE PASSED TODAY))
Doc. # 724 - Special Ordinance read
Doc. # 726 - SPECIAL ORDINANCE # 10005 PASSED AS AMENDED 6-0
(a) Amendment requested by the Parks, Recreation and Public
Property Department. ((SEE FOLDERS))
Doc. # 725 -Approve 6-0
22. Special Ord. levying a special tax assessment for removing weeds in accordance
with Section 18-21 through 18-30 of the Omaha Municipal Code on certain lots in
the City of Omaha. Group No: 2001-8 - see attached. ((PUBLIC HEARING
HELD 3/6/01 - CAN BE PASSED TODAY))
Doc. # 727 - Special Ordinance read
Doc. # 729 - SPECIAL ORDINANCE # 10006 PASSED AS AMENDED 6-0
(a) Amendment requested by the Parks, Recreation and Public
Property Department. ((SEE FOLDERS))
Doc. # 728 - Approve 6-0
23. Ord. levying a special tax assessment for removing dangerous, dead, diseased
or overhanging trees in accordance with Sections 37-1 through 37-95 of the
Omaha Municipal Code on certain lots in the City of Omaha. Group No. 2001-9 -
see attached. ((PUBLIC HEARING HELD 3/6/01 - CAN BE PASSED TODAY))
Doc. # 730 - Special Ordinance read
Doc. # 733 - SPECIAL ORDINANCE # 10007 PASSED AS AMENDED 6-0
(a) Amendment requested by the Parks, Recreation and Public
Property Department. Special ((SEE FOLDERS))
Doc. # 731 - Approve 6-0
(b) Amendment requested by the City Council.
Doc. # 732 - Approve 6-0
(Continued to Next Page)
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(c) Communication from Ralph Murdock, Jr., General Counsel, MRI
Sales Consultants of Omaha, Inc., on behalf of Jeffrey L. Miller,
protesting the special assessment on the property located at 1015
South 38 h Avenue re: Trees, Group No. 2001-09 - over from 3/6/01
- see attached.
# 733 - From Chair on File
"PURSUANT TO CITY COUNCIL RULE VII D,
THE PUBLIC HEARING ON AGENDA ITEM NO. 24
SHALL BE HELD ON THE THIRD READING"
ZONING ORDINANCE ON SECOND READING
24. Ord. to amend Section 1 of Ordinance No. 35439 passed January 23, 2001,
rezoning property located southwest of 144th Street and West Maple Road from
AG-Agricultural District to MU-Mixed Use District; and to provide the effective
date hereof.
Doc. # 734 - Over to 3/20/01
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ORDINANCE ON SECOND READING and Planning Board Attachment
25. Ord. vacating the north 25 feet of Pierce Street from 14th Street west 154 feet;
the south 25 feet of Pierce Street from 14th Street west 164 feet; and, a 22 x 20
foot section of the east/west alley between Pacific Street and Pierce Street west
of 14th Street adjacent to part Lots 3 and 6, Block 254, City Lots in the City of
Omaha and providing the effective date hereof - see attached. ((PUBLIC
HEARING TODAY))
Doc. # 735 - Over to 3/20/01
(a) Planning Board and Planning Department recommend approval of
the vacation of the north 25 feet of Pierce Street from 14th Street
west 154 feet; the south 25 feet of Pierce Street from 14th Street
west 164 feet and a 22 foot by 20 foot section of the east/west alley
between Pacific and Pierce Streets west of 14th Street, adjacent to
part Lots 3 and 6, Block 254, City Lots - Inside City - see attached.
# 735 - Over to 3/20/01
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ORDINANCES ON SECOND READING
26. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of constructing the Lake James Park to
Fontenelle Park combined sewer renovation in the area between 47th Street and
50th Street, from Wirt Street to Sprague Street, identified as RNC 5790B;
providing that the City negotiate with the property owners for land acquisition,
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))
Doc. # 736 - Over to 3/20/01
27. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of constructing storm sewer and paving
improvements in the 82nd Street and Pasadena Avenue area, identified as Storm
Sewer No. 5147; providing that the City negotiate with the property owners for
land acquisition, 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))
Doc. # 737 - Over to 3/20/01
28. Ord. providing for the sale of City-owned surplus real property; to provide that
notwithstanding any provisions of the Omaha Municipal Code to the contrary, the
City is authorized to accept and receive the offer of Pilgrim/OEDC Development
Corporation, a Nebraska Non-profit Corporation, 2221 North 24th Street, Omaha,
NE 68110, to purchase the real property described as the West '/2 of Lot 4 and
the East 'A of Lot 5, Block 11, Shinn's Addition, an Addition to the City of Omaha,
as surveyed, platted and recorded in Douglas County, Nebraska, commonly
known as 2519-25 Hamilton Street for the sum of $1.00 and to provide the
effective date hereof. Funding shall be payable from FY2001 Community
Development Block Grant, Fund 193, Agency 200, Organization 8302 - see
attached. ((PUBLIC HEARING TODAY))
Doc. # 738 - Over to 3/20/01
29. Ord. to accept the bid of Beyer Mowing for grounds maintenance of the West
Dodge Road right-of-way for a period of one year with an extension provision of
one year; to authorize payment in accordance therewith; to authorize the
Purchasing Agent to issue a purchasing order; and to provide an effective date -
see attached. ((PUBLIC HEARING TODAY))
Doc. # 739 - Over to 3/20/01
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30. Ord. to waive the fifteen (15) day appeal requirement in Section 43-38 of the
Omaha Municipal Code for condemned property at 2719 "I" Street, owned by
Ryan Barry, 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; and to provide the effective date hereof - see attached. ((PUBLIC
HEARING TODAY))
Doc. # 740 - Over to 3/20/01
DOUGLAS COUNTY ELECTION COMMISSIONER
31. Douglas County Election Commissioner transmits certification of expenses
apportioned to the City of Omaha for the November 7, 2000 General Election
held in Douglas County, NE - see attached. ((MOTION NEEDED TO RECEIVE
AND REFER TO THE FINANCE DEPARTMENT))
Doc. # 741 - Motion to receive and refer to the Finance Department Carried 6-0
SPECIAL USE PERMIT - BROADCAST TOWER
32. Res. that the Special Use Permit and lease of right-of-way applications submitted
by Qwest Wireless for permission to allow a Broadcast Tower in the right-of-way
located at 156th Street and West Dodge Road, Omaha, Nebraska, are hereby
approved and are authorized to be issued or executed by the appropriate City
officials, provided the conditions set out in Exhibit "A" of the above referenced
applications, 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 and lease have been reviewed and evaluated pursuant to, and meet
each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code;
and that the duration of the lease shall be 1 year - over from 2/27/01 - see
attached. ((PUBLIC HEARING HELD 2/27/01 - CAN BE ADOPTED TODAY))
Doc. # 742 - Resolution read
Doc. # 743 - Motion by Herd to amend the Resolution to grant a temporary
permit on the northeast corner of 156th and West Dodge Road not to
exceed 3-6 months 2nd by Koneck
Councilmember Herd withdraws his motion
Councilmember Koneck withdraws his 2"d
Doc. # 744 - Motion by Herd not to Adopt LOST for lack of a 2nd
Res. # 745 - Motion to Adopt Carried 4-2 Yeas: Koneck, Sivick, Brown,
Kraft Nays: Monahan, Herd
(Continued to Next Page)
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(a) Planning Board and Planning Department recommend approval of
the request of Qwest Wireless for a Special Use Permit and lease
of right-of-way to allow a Broadcast Tower in the right-of-way
located at 156th Street and West Dodge Road - over from 2/27/01 -
see attached.
# 742 - Read
# 745 - From Chair on File
(b) Communications opposing the request for a Special Use Permit to
allow a broadcast tower in the right-of-way located at 156th Street
and West Dodge Road -over from 2/27/01.
# 742 - Read
# 745 - From Chair on File
(c) Communication from Tory M. Bishop, Kutak Rock LLP,
representing Qwest Wireless, re: Special Use Permit to allow a
broadcast tower in the right-of-way located at 156th Street and West
Dodge Road - over from 2/27/01.
# 742 - Read
# 745 - From Chair on File
(d) Documents submitted by Steve Jensen, Planning Department, re:
Special Use Permit to allow a broadcast tower in the right-of-way
located at 156th Street and West Dodge Road - over from 2/27/01.
# 742 - Read
# 745 - From Chair on File
(e) Pictures submitted by Ed O'Keefe, representing Qwest Wireless,
re: Special Use Permit to allow a broadcast tower in the right-of-
way located at 156th Street and West Dodge Road - over from
2/27/01.
# 742 - Read
# 745 - From Chair on File
(f) Communication from John Q. Bachman, Gaines, Pansing & Mullen,
representing Pepperwood Village LLC and PDM, Inc., opposing the
Special Use Permit to allow a broadcast tower in the right-of-way
located at 156th Street and West Dodge Road - see attached.
# 742 - Read
# 745 - From Chair on File
(Continued to Next Page)
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(g) Communication from Colleen Steinhauser, President, Pepperwood
Homeowners Association, re: meeting with Qwest Communications
concerning the proposed broadcast tower at 156th Street and West
Dodge Road.
# 742 - Read
# 745 - From Chair on File
(h) Communication from Jeffrey M. Keating, CPM, Vice President,
PDM, re: Meeting with Qwest Communications to find an
alternative location for the proposed broadcast tower in the right-of-
way at 156th Street and West Dodge Road.
# 742 - Read
# 745 - From Chair on File
(i) Communication from Warren Weaver, Council Staff Assistant, re:
proposed broadcast tower located at 156th Street and West Dodge
Road.
# 742 - Read
# 745 - From Chair on File
Q) Communication from John C. Peterson opposing the proposed
broadcast tower located at 156th Street and West Dodge Road.
# 742 - Read
# 745 - From Chair on File
(k) Communication from Sharon J. Martin, Real Estate Manager,
Qwest Wireless LLC, re: proposed broadcast tower in the right-of-
way located at 156th Street and West Dodge Road.
# 742 - Read
# 745 - From Chair on File
(I) Pictures submitted by Ed O'Keefe, Remax Commercial,
representing Qwest Wireless LLC, re: proposed broadcast tower
located in the right-of-way at 156th Street and West Dodge Road.
# 742 - Read
# 745 - From Chair on File
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RESOLUTIONS
((MOTIONS ON RESOLUTIONS UNLESS OTHERWISE SPECIFIED SHOULD BE TO (ADOPT) OR
(NOT ADOPT)))
33. Res. that the Agreement with Great Plains Testing Laboratories, Inc., under their
new name of Thiele Geotech, Inc., for material testing, inspection, and project
management services, be extended from May 1, 2001, to May 1, 2002. The
Finance Department is authorized to pay $350,000.00 from the year 2001 Street
Resurfacing Organization 1440, Agency 140, Street Maintenance Fund 102 - see
attached.
Res. # 746 - Adopt 5-0
34. Res. authorizing the Purchasing Agent to issue a Purchase Order to Potters
Industries on the bid for the purchase of pavement marking beads to be utilized
by the Traffic Engineering Division in the amount of $36,800.00, to be paid from
the Pavement Markings Organization 1429, Street and Highway Allocation Fund
103, Agency 140, year 2001 funding - see attached.
Res. # 747 - Adopt 5-0
35. Res. authorizing the Purchasing Agent to issue a Purchase Order to Vogel Paint
on the bid for the purchase of pavement marking paint to be utilized by the Traffic
Engineering Division in the amount of $107,435.50, to be paid from the
Pavement Markings Organization 1429, Street and Highway Allocation Fund 103,
Agency 140, year 2001 funding - see attached.
Res. # 748 - Adopt 5-0
36. Res. authorizing the Purchasing Agent to issue a Purchase Order to Ennis Paint
on the bid for the purchase of pavement marking/crosswalk paint to be utilized by
the Traffic Engineering Division in the amount of $22,545.00, to be paid from the
Pavement Markings Organization 1429, Street and Highway Allocation Fund 103,
Agency 140, year 2001 funding - see attached.
Res. # 749 - Adopt 5-0
37. Res. authorizing the Purchasing Agent to issue a purchase order to Omaha
Standard for the purchase of a sign body with post puller to be utilized by the
Traffic Maintenance Division in the amount of $24,170.00 to be paid from the
Traffic Engineering Organization 1435, Street and Highway Allocation Fund 103,
Agency 140, Year 2000 Funding - see attached.
Res. # 750 - Adopt 5-0
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38. Res. that the Finance Department is authorized to issue 'a purchase order to
Multiwave, Inc. for $59,660.00 to purchase twenty computers from year 2001
funds as follows: $29,830.00 will come from the Missouri River Wastewater
Treatment Plant Operations Organization 1469, Agency 140, Fund 541;
$8,949.00 will come from Papio Creek Wastewater Treatment Plant Operations
Organization 1468, Agency 140, Fund 541; $8,949.00 will come from the
Construction Survey & Inspection Organization 1407, Agency 140, Fund 103;
and $11,932.00 will come from the Sewer Maintenance Organization 1461,
Agency 140, Fund 541 - see attached.
Res. # 751 - Adopt 5-0
39. Res. that the Planning Director of the City of Omaha be, and is hereby authorized
to offer for sale by auction the City property located at 1049 South 24th Street, as
legally described herein; that, notice of such public auction be published in the
official newspaper of the City of Omaha at least five (5) days prior to the date of
said auction; that, sealed, written bids may be submitted to the City Clerk at any
time prior to the holding of said auction, which shall be opened and considered at
the time of the holding of said auction, provided that each said bid is
accompanied by a certified check in an amount not less than twenty percent
(20%) of the bid price; that upon acceptance of any bid at said public auction, the
bidder shall furnish either cash or certified check in an amount not less than
twenty percent (20%) of the bid price; that the minimum amount which will be
considered as adequate compensation for the sale of said property is Three
Thousand Eight Hundred Fifty Dollars ($3,850.00); and that, upon payment of the
accepted bid price, the Mayor shall be authorized to execute and deliver a deed
of the property to the accepted bidder- see attached.
Doc. # 752 - Resolution read
Doc. # 753 - Motion fo appoint Councilmember Herd Acting President
Carried 5-0
Res. # 754 - Adopt 5-0
(a) Planning Board and Planning Department recommend approval of
the Disposal of Surplus Property located at 1049 South 20 Street -
see attached.
# 752 - Read
# 754 - From Chair on File
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40. Res. that the Planning Director of the City of Omaha be, and is hereby authorized
to offer for sale by auction the City property located Northeast of 24th and Mason
Streets, as legally described herein; that, notice of such public auction be
published in the official newspaper of the City of Omaha at least five (5) days
prior to the date of said auction; that, sealed, written bids may be submitted to
the City Clerk at any time prior to the holding of said auction, which shall be
opened and considered at the time of the holding of said auction, provided that
each said bid is accompanied by a certified check in an amount not less than
twenty percent (20%) of the bid price; that upon acceptance of any bid at said
public auction, the bidder shall furnish either cash or certified check in an amount
not less than twenty percent (20%) of the bid price; that the minimum amount
which will be considered as adequate compensation for the sale of said property
is One Thousand Two Hundred Thirty Dollars ($1,230.00); and that, upon
payment of the accepted bid price, the Mayor shall be authorized to execute and
deliver a deed of the property to the accepted bidder- see attached.
Res. # 755 - Adopt 5-0
(a) Planning Board and Planning Department recommend approval of
the Disposal of Surplus Property located Northeast of 24th and
Mason Streets - see attached.
# 755 - From Chair on File
41. Res. that, as recommended by the Mayor, the bid in the total amount of$25,290.00
from Omaha Standard Truck Co. for one dump body and one plow for a 28,000
GVW Chassis, to be utilized by the Parks Division of the Parks, Recreation and
Public Property Department, is hereby accepted, and the Purchasing Agent is
authorized to issue a purchase order in conformance herewith. Funds in the
amount of $25,290.00 for one dump body and plow shall be paid from the 2000
General Fund 001, Agency No. 120, Organization 1217, Code Enforcement - see
attached.
Res. # 756 -Adopt 5-0
42. Res. that, as recommended by the Mayor, the bid in the total amount of$46,666.00
from Omaha Standard Truck Co. for two (2) dump bodies and two (2) plows for a
35,000 GVW Chassis Cab to be utilized by the Parks Division of the Parks,
Recreation and Public Property Department, is hereby accepted, and the
Purchasing Agent is authorized to issue a purchase order in conformance herewith.
Funds in the amount of $46,666.00 for two (2) dump bodies and two (2) plows for
a 35,000 GVW Chassis shall be paid from the 2000 General Fund No. 001,
Agency 120, Organization 1217, Code Enforcement - see attached.
Res. # 757 - Adopt 5-0
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43. Res. that, as recommended by the Mayor, the bid in the total amount of$24,931.00
from Bennington Implement for one Front End Loader with Box Scraper
Attachment, to be utilized by the Golf Division of the Parks, Recreation and Public
Property Department, is hereby accepted, and the Purchasing Agent is authorized
to issue a purchase order in conformance herewith. Funds in this amount for one
Front End Loader with Box Scraper Attachment shall be paid from the 2001 Fund
510, Agency No. 120, Organization 1252, Object 4010, Construction &
Maintenance Equipment-see attached.
Res. # 758 -Adopt 5-0
44. Res. that, as recommended by the Mayor, the bid in the total amount of
$109,952.00 from Omaha Tractor, Inc. for three (3) Model 863 Bobcat skid loaders
and implements, to be utilized by the Parks Division of the Parks, Recreation and
Public Property Department, is hereby accepted, and the Purchasing Agent is
authorized to issue a purchase order in conformance herewith. Funds in the
amount of$75,152.00 shall be paid from Fund 380, 1998 Equipment Bond, Agency
No. 120, and Organization 1220, Capital. Funds in the amount of $34,800.00 shall
be paid from 2000 General Fund 001, Agency 120, Organization 1219, Forestry -
see attached.
Res. # 759 -Adopt 5-0
45. Res. that, as recommended by the Mayor, the bid for the purchase of sixty (60)
E-Z-GO Golf Carts, Model 2001 TXT Electric, in the total amount of $111,060.00,
consisting of 60 (sixty) new carts @ $3,181.00 less 60 trade-in carts @ $1,330.00,
to be utilized by the Golf Division of the Parks, Recreation and Public Property
Department, is hereby accepted, and the Purchasing Agent is authorized to issue a
purchase order in conformance herewith. Funds in this amount shall be paid from
the 2001 Fund 510, Agency No. 120, Organization 1252, Object 4710 see
attached.
Res. #760 - Adopt 5-0
46. Res. that the Finance Department is authorized to pay the cost of professional
architectural/engineering services provided by Jackson-Jackson & Associates,
Inc. for Civic Auditorium Support Facilities located at 1804 Capitol Avenue,
Omaha, Nebraska. Funds not to exceed $24,300.00 shall be paid from the 2000
General Fund 001, Agency 120, Organization 1263 - see attached.
Res. # 761 - Adopt 5-0
47. Res. that the reappointment of Larry L. Gardner as a member of the Plumbing
Board, to serve a term commencing upon confirmation, and expiring three years
thereafter, is hereby confirmed - see attached.
Res. # 762 - Adopt 5-0
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48. Res. that the reappointment of David O. Janke as a member of the Plumbing
Board, to serve a term commencing upon confirmation and expiring three years
thereafter, is hereby confirmed - see attached.
Res. # 763 - Adopt 5-0
49. Res. that the reappointment of Don G. Moore as a member of the Plumbing
Board, to serve a term commencing upon confirmation and expiring three years
thereafter, is hereby confirmed - see attached.
Res. # 764 - Adopt 5-0
50. Res. that the reappointment of Christopher T. Flud as the journeyman sign
erector member of the Sign Examining Board, to serve a term commencing upon
confirmation, and expiring four years thereafter, is hereby confirmed - see
attached.
Res. # 765 -Adopt 5-0
51. Res. that the reappointment of Jeffrey L. Hayden as the master sign erector
member of the Sign Examining Board, to serve a term commencing upon
confirmation, -and expiring four years thereafter, is hereby confirmed - see
attached.
Res. # 766 - Adopt 5-0
52. Res. that this City Council confirms its willingness to transfer in the future up to
one million dollars ($1,000,000.00) of Street Maintenance (Wheel Tax) funds
from the 2001 Construction Division Residential Street Rehabilitation Account to
the 2001 Street Maintenance Division Asphalt Street Repair Account so as to
provide additional funds for street chuck hole repairs to promptly alleviate the
current serious street chuck hole crisis. Further, that the Administration is
requested to advise the City Council if additional funds are required to address
this issue.
Res. # 767 - Adopt 6-0
LIQUOR
53. CLASS "C" - Rodriguez, Eloy, dba "Rudy's Stefan Bar & Grill", 4628-30 Y2 South
20th Street. New application, old location. Present licensee is Rudy's Bar & Grill,
Inc., 4628-30 South 20th Street - see attached. ((YOU HAVE YOUR HEARING
ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A
RESOLUTION EITHER TO GRANT OR DENY))
Res. # 768 - Grant 6-0
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54. Investment Associates, Inc., dba "Sullivan's Bar", 3926 Farnam Street, requests
permission to appoint Daniel J. Houlihan manager of their present Class "C"
Liquor License - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO
APPROVE))
Doc. # 769 - Approve 6-0
55. NLCC notifies that American Legion #374, 4618 South 139th Street, has elected
payment of fine in lieu of closing - see attached.
(a) NLCC notifies that Bag 'N Save, Inc., dba "Bag 'N Save", 10727 "M"
Street, has elected payment of fine in lieu of closing - see attached.
(b) NLCC notifies that LHW, Inc., dba "Goldeez", 10318 Ellison Circle,
has elected payment of fine in lieu of closing - see attached.
((MOTION NEEDED TO RECEIVE AND PLACE ON FILE))
Doc. # 770 - Motion to receive and place on file Carried 6-0
"PURSUANT TO CITY COUNCIL RULE VII D,
THE PUBLIC HEARINGS ON
AGENDA ITEMS NO. 56 THROUGH 57
SHALL BE HELD ON THE THIRD READING"
ZONING ORDINANCES ON FIRST READING and Planning Board Attachments
56. Ord. to rezone property located Northeast of Forest Lawn Avenue and Curtis
Avenue from DR-Development Reserve District to R5-Urban Family Residential
District.
Doc. # 771 - Hearing 3/27/01
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Northeast of Forest Lawn
Avenue and Curtis Avenue from DR to R5 - see attached.
# 771 - Over to 3/27/01
57. Ord. to rezone property located at 7501 Crown Point Avenue from
DR-Development Reserve District and GC-General Commercial to GI-General
Industrial District.
Doc. # 772 - Hearing 3/27/01
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(Continued from Previous Page)
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located at 7501 Crown Point Avenue
from DR and GC to GI - see attached.
# 772 - Over to 3/27/01
* * * * * * * * * * * * * * * *
"PURSUANT TO CITY COUNCIL RULE VII C,
THE PUBLIC HEARINGS ON
AGENDA ITEMS NO. 58 THROUGH 63
SHALL BE HELD ON THE SECOND READING"
ORDINANCES ON FIRST READING
58. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of constructing intersection improvements at
36th and "L" Streets, identified as Special Project No. 00-27; providing that the
City negotiate with the property owners for land acquisition, 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.
Doc. # 773 - Hearing 3/20/01
59. Ord. approving the Loan Contract between the City of Omaha and the Nebraska
Department of Environmental Quality to finance the construction of sewer
separation improvements; to provide for the repayment of the loan from
appropriations of more than one year, in accordance with Section 5.17 of the
Home Rule Charter; to provide for payments from a specific account; and to
provide the effective date hereof- see attached.
Doc. # 774 - Hearing 3/20/01
60. Ord. to amend Section 10-191(m) of the Omaha Municipal Code to provide that
an economically or socially disadvantaged business enterprise is defined to
mean one which is owned, controlled and actively managed by protected class
members - see attached.
Doc. # 775 - Hearing 3/20/01
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61. Ord. to amend Omaha Municipal Code Section 36-108 to allow the solicitation of
charitable contributions from the side of a roadway; to repeal Section 36-108 as
heretofore existing; and to provide the effective date thereof. ((SEE FOLDERS))
Doc. # 776 - Hearing 3/20/01
62. Ord. approving a Lease Purchase Agreement with First National Equipment
Financing, Inc. involving the payment of money from appropriations of more than
one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as
amended, to authorize the lease-purchase of two Fire Aerial Apparatus; to
authorize the reimbursement to be paid from a specific account; and to provide
an effective date hereof. ((SEE FOLDERS))
Doc. # 777 - Hearing 3/20/01
(a) Communication from Alan Thelen, Assistant City Attorney, re:
lease-purchase of Aerial Fire Trucks.
# 777 - Over to 3/20/01
63. Ord. to waive the fifteen (15) day appeal requirement in Section 43-38 of the
Omaha Municipal Code for condemned property at 811 South 22nd Street, owned
by Steven F. Olsen; 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.
Doc. # 778 - Hearing 3/20/01
* * * * * * * * * * * * * * * *
CHAIRMAN OF THE BOARD OF EQUALIZATION
64. Chairman of the Board of Equalization reports approval of Plans of Assessment
with adjustments; made at their regular meeting held March 6, 2001. ((MOTION
NEEDED TO APPROVE))
Doc. # 779 - Motion to approve Carried 6-0
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EXECUTIVE SESSION
65. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
Doc. # 781 - Motion to go into Executive Session for the purpose of
discussing litigation Carried 6-0
Doc. # 782 - Motion to come out of Executive Session at 3:30 P.M.
Carried 6-0
Adjourned: 3:30 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.
Web Site: www.ci.omaha.ne.us
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SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR MARCH 13, 2001
LEGISLATIVE CHAMBERS -2:00 P.M. - PREPARED MARCH 12, 2001 AT 12:00 P.M.
ADDITIONAL ORDINANCE ON FIRST READING
"PURSUANT TO CITY COUNCIL RULE VII C,
THE PUBLIC HEARING ON AGENDA ITEM 66
SHALL BE HELD ON THE SECOND READING"
66. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described vacant and improved properties located in the
Gallup University Riverfront Redevelopment Plan Area, within an area generally
defined by the Iowa-Nebraska State Line on the north, the Missouri River on the
east, the ASARCO Redevelopment on the south and the Convention
Center/Arena Redevelopment on the west, for acquisition, relocation as
appropriate, and subsequent use as a site for implementing the Gallup University
Riverfront Redevelopment Plan; provided that as to each specified parcel which
cannot be obtained by negotiation, proceedings in eminent domain be
undertaken and completed; and, providing for the effective date hereof. Funding
shall be payable from Gallup University Riverfront Redevelopment Plan Project,
Organization 1190, Fund 368, Agency 195, Year 2001 funding — see attached.
Doc. # 780 - Hearing 3/20/01
Doc. # 783 - Motion to reconsider Document # 780 of 3/13/01 Carried 6-0
Doc. # 784 - Motion to set the Public Hearing on the 3rd reading on
3/27/01 Carried 6-0
This agenda, which shall be kept continually current, shall be
available for public inspection in the Office of the City Clerk,
Omaha-Douglas Civic Center, 1819 Farnam, LC 1, Omaha, NE,
during normal business hours.
All requests for sign language interpreters (signers) will
require a minimum of 48 hours advance notice. Alternative
formats require a minimum of 72 hours advance notice.
Please contact Sandra L. Moses - 444-5552 if arrangements
need to be made.
Web Site: www.ci.omaha.ne.us.
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