2007-03-20.
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ROLL CALL
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"CORRECTED"
CITY COUNCIL AGENDA FOR MARCH 20, 2007
LEGISLATIVE CHAMBERS -2:00 P.M.
Agenda and Link to Agenda Items
Available at http://www.ci.omaha.ne.us
1. City Clerk calls the roll.
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CCID # 294 -Present: Brown , Gernandt , Sigerson, Suttle , Thompson ,
Vokal , Mr. President
2 . Pledge of Allegiance .
3 . Invocation by Councilmember Jim Vokal of District No . 3 .
CERTIFICATION OF PUBLICATION -NOTIFICATION OF OPEN MEETI NG ACT
4. City Clerk certifies publication in Da ily Record , the Official Newspaper of the City
of Omaha on March 16, 2007 , notice re : Pre-Counc il and Regular City Council
Meet ings , March 20 , 2007.
CCID # 295 -From Chair on File
A current copy of the Open Meeting Act is posted in a white b inder on the east
wall of the Legislative Chambers .
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 OPPONENT'S PRESENTATION , AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED .
IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVE TWENTY MINUTES FOR THEIR PRESENTATION .
COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING .
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RESOLUTION RE: PRELIMINARY PLATS AND PLATS
5 . Res . that the preliminary plat entitled MIDTOWN CROSSING AT TURNER
PARK located Northwest of Harney Street and Turner Boulevard , 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 2127107 for
publication and Publ ic Hearing -had publication -see attached . ((PUBLIC
HEARING TODAY -CAN BE ADOPTED TODAY))
Res .# 230 -Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Prelim i nary Plat of MIDTOWN CROSSING AT TURNER PARK
located Northwest of Harney Street and Turner Boulevard -Inside
City -over from 2127107 -see attached .
# 230 -From Chair on File
6. Res . that the preliminary plat entitled SHADOWBROOK EAST located Southwest
of 1441h and State Streets , along with the attached conditions , is hereby
accepted ; and , the preparation of the final plat of this subdivision is hereby
authorized -Outside City -see attached. ((PUBLIC HEARING TODAY -CAN BE
ADOPTED TODAY))
Res. # 309 -Adopt 7-0
(a) Plann ing Board and Planning Department recommend approval of
the Preliminary Plat of SHADOWBROOK EAST located Southwest
of 1441h and State Streets -Outside City -see attached.
# 309 -From Chair on File
7. Res. that the preliminary plat entitled VILLAGE AT STONE VALLEY , located
Northwest of 1561h and Butler Streets, along with the attached conditions , is
hereby accepted ; and, the preparation of the final plat of this subdivision is
hereby authorized -Outside City -see attached. ((PUBLIC HEARING TODAY -
CAN BE ADOPTED TODAY))
Res .# 310 -Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of VILLAGE AT STONE VALLEY located
Northwest of 1561h and Butler Streets -Outside City -see attached .
# 310 -From Chair on File
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8 . Res. that the preliminary plat entitled PACIFIC STREET WEST REPLAT TWO
located Southeast of 201 st and Pacific Streets , along with the attached
conditions, is hereby accepted ; and, the preparation of the fi nal plat of this
subdivision is hereby authorized -Outside City -see attached. ((PUBLIC
HEARING TODAY -CAN BE ADOPTED TODAY))
Res .# 311 -Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of PACIFIC STREET WEST REPLAT TWO
located Southeast of 201 st and Pacific Streets -Outside City -see
attached.
# 311 -From Chair on File
9 . Res. that the replat transmitted herewith entitled PACIFIC ST REET WEST
REPLAT TWO, located Southeast of 201 st and Pacific Stre ets, is hereby
approved , and concurrently a portion of the existing plat entitled Pacific Street
West , and described on said replat, is hereby vacated -Outs ide City -see
attached. ((PUBLIC HEARING TODAY -CAN BE ADOPTED TODAY))
Res .# 312 -Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of PACIFIC STREET WEST REPLAT TWO located
Southeast of 201 s1 and Pacific Streets -Outside City -see attached .
# 312 -From Cha ir on File
"PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NOS. 10 THROUGH 12
SHALL BE LAID OVER TWO WEEKS
FOR PUBLICATION AND PUBLIC HEARING"
10 . Res. that the prel iminary plat entitled NEWINGTON PLAZA located at 14406
Harrison Street is hereby accepted ; and , the preparation of the final plat of this
subd iv ision is hereby authorized -Ins ide City -see attached .
CCID # 334 -Over 2 wks . to 4/3/07 for publication and Publ ic Hearing
pursuant to City Council Rule VII E
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of NEWINGTON PLAZA located at 14406
Harrison Street -Inside City -see attached .
# 334 -Over to 4/3/07
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11 . Res. that the plat entitled NEWINGTON PLAZA located at 14406 Harrison
Street , is hereby approved and accepted -Inside City -see attached .
CCID # 335 -Over 2 wks . to 413107 for publication and Public Hearing
pursuant to City Council Rule VII E
(a) Planning Board and Planning Department recommend approval of
the Final Plat of NEWINGTON PLAZA located at 14406 Harrison
Street -Inside City -see attached .
# 335 -Over to 413107
PLAT AND DEDICATION
12 . Plat and Dedication of Lot 1, Block 2 , Wilson & Mossman 's Florence Add ition
(Southwest of 34th Street and North Ridge Drive) -see attached .
LIQUOR
CCID # 313 -Over 2 wks. to 4/3/07 for publication and Public Hearing
pursuant to City Council Rule VI I E
(a) Planning Board and Planning Department recommend approval of
the Plat and Dedication of Lot 1, Block 2 , Wilson & Mossman 's
Florence Addition (Southwest of 34th Street and North Ridge Drive)
-Inside City -see attached.
# 313 -Over to 4/3/07
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13. CLASS "C " -Littlejohn Mini-Mart , Inc ., 2202 North 161h Street. New application ,
old location . UPGRADE . Property posted: 3/6/07 . Notification sent: 3/9/07 -
see attached . ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT
YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT
OR DENY))
Res . # 296 -Grant 6 -0-1 Pass Yeas : Gernandt , Sigerson , Suttle ,
Thompson , Vokal , Welch Pass : Brown
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14 . CLASS "C " -Todorovich Management Company, dba "Starsky's ", 4020 South
13th Street. New application , old location . Present l icensee is Starsky's , L .L.C .,
dba "Starsky's", 4020 South 13 th Street -see attached . ((YO U HAVE YOUR
HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO
ADOPT A RESOLUTION EITHER TO GRANT OR DENY))
Res.# 297 -Application read
Grant as Amended 7 -0
(a) Amendment to the Class "C " Liquor License app lication for
Todorovich Management Company , dba "Starsky's", 4020 South
13 th Street, to accept the attached diagram correcting the
dimensions of the beer garden -see attached .
# 297 -Approve 7 -0
15. CLASS "C " -Wences Enterprises Corp ., dba "Gusto Cuban Cafe ", 5413 South
72 nd Street , Bay 113 . New applicat ion , new location . Property posted: 3 /7/07 .
Notification sent: 3/9/07 -see attached . ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
Res . # 298 -Grant 7-0
(a) Communication supporting the application of Wences Enterprises
Corp ., dba "Gusto Cuban Cafe ", 5413 South 72 nd Street for a Class
"C " Liquor License .
# 298 -From Cha ir on F ile
16 . CATERING -Old Market Ventures , LLC , dba "Famous Dave 's ", 1101 Harney
Street. New application , old location. Presently holds a Class "I" Liquor License
-see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT
YOUR MOTION SHOULD BE TO APPROVE OR NOT TO APPROVE))
CCID # 299 -Approve 7-0
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17 . Old Market Ventures, LLC, dba "Famous Dave 's ", 1101 Harney Street, requests
permission for a Special Designated License for a beer garden during the
College World Series at the Hofer Building, 1310 Phelps Street, on June 14-19,
2007 from 8:00 a.m . to 1 :00 a.m. Music to end at 11 :00 p .m. -see attached.
CCID # 300 -Approve 7-0
(a) Old Market Ventures , LLC, dba "Famous Dave 's", 1101 Harney
Street , requests permission for a Special Designated License for a
beer garden during the College World Series at the Hofer Building ,
1310 Phelps Street , on June 20-25 , 2007 from 8 :00 a .m . to 1 :00
a.m. Music to end at 11 :00 p .m. -see attached . ((PUBLIC
HEARING TODAY -CAN BE APPROVED TODAY))
CCID # 301 -Approve 7-0
18 . 157, Inc ., dba "The Nest", 2638 South 158th Plaza, requests permission for an
Amended Special Designated License during the College World Series to include
wine and distilled spirits for a Lot located at 3712 South 13th Street on June
14-16 and 18-19, 2007 from 11 :00 a .m. to 12:30 a .m . and June 17, 2007 from
12:00 noon to 12:30 a .m . (Music will end at 11 :00 p.m .) Original appl ication was
approved by City Council on February 13 , 2007 -see attached.
CCID # 302 -Approve 7-0
(a) 157 , Inc., dba "The Nest", 2638 South 158th Plaza , requests
permission for an Amended Special Designated License during the
College World Series to include wine and distilled spirits for a Lot
located at 3712 South 13th Street on June 20-23 & 25 , 2007 from
11 :00 a.m. to 12:30 a.m . and June 24 , 2007 from 12 :00 noon to
12:30 a .m. (Music will end at 11 :00 p .m.) Original application was
approved by City Council on February 13 , 2007 -see attached .
((PUBLIC HEARING TODAY -CAN BE APPROVED TODAY))
CCID # 303 -Approve 7-0
19. Dell Enterprises , Inc ., dba "Dundee Dell ", 5007 Underwood Avenue, requests
permission for a Special Designated License for a beer garden with live music on
May 18 & 19 , 2007 from 8:00 a .m . to 1 :00 a.m . Music will end at 1 :00 a .m . -see
attached. ((PUBLIC HEARING TODAY -CAN BE APPROVED TODAY))
CCID # 304 -Approve 7-0
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20 . Diamond Capital Ventures , LLC , dba "lcehouse ", 10920 Emmet Street requests
permission for a Special Designated License for an outdoor concert on April 21 ,
2 007 from 8 :00 a .m . to 1 :00 a .m. Music will end at 12:00 m idnight -see
attached. ((PUBLIC HEARING TODAY -CAN BE APPROVED TODAY))
CCID # 305 -Approve 7-0
21 . Maxi-Mae, Inc., dba "DJ 's Dugout", 636 North 114 1h Street, requests permission
for a Special Designated License during the College World Series at the
Furniture for Less, 3374 South 13 1h Street , on June 14-19 , 2007 from 8 :00 a.m. to
1 :00 a .m. (Music will end at 11 :00 p .m .) -see attached .
CCID # 306 -Approve 7-0
(a) Maxi-Mae , Inc ., dba "DJ 's Dugout", 636 North 1141h Street , requests
permission for a Special Designated License during the College
World Series at the Furniture for Less , 3374 South 13 1h Street, on
June 20-25 , 2007 from 8:00 a.m . to 1 :00 a.m . (Music will end at
11 :00 p .m .) -see attached . ((PUBLIC HEARING TODAY -CAN BE
APPROVED TODAY))
CCI D # 307 -Approve 7-0
ORDINANCES ON FINAL READING and Planning Board Attachments
22. Ord. to approve a variance from the Future Land Use Element of t he Master Plan
for the City of Omaha , to increase the amount of permitted mixed-use by 9 %
from 10 to 10 .89-acres to include property located Northwest of 1441h and Ida
Streets ; and to prov ide for the effective date hereof -over from 1 /30/07 and
continue the Public Hearing -see attached . ((PUBLIC HEARING CONTINUED
TO TODAY -CAN BE PASSED TODAY))
CCID # 17 -Motion to lay over 8 wks . to 5/15/07 and continue the Publ ic
Hearing Carried 7-0
(a) Planning Board and Planning Department recommend approval of
a Variance from the Future Land Use Element of the Master Plan to
increase the amount of permitted mixed -use by 9% from 10 to
10 .89-acres for property located Northwest of 1441h and Ida Streets
(Clarinden) -over from 1/30/07 -see attached.
# 17 -Over to 5/15/07
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23 . Res. that the preliminary plat entitled CLARINDEN located Northwest of 144th
and Ida Streets , along with the attached conditions, is hereby accepted; and, the
preparation of the final plat of this subdivision is hereby authorized -Outside City
-over from 1/30/07 and continue the Public Hearing -see attached. ((PUBLIC
HEARING CONTINUED TO TODAY -CAN BE ADOPTED TODAY))
CCID # 18 -Motion to lay over 8 wks. to 5/15/07 and continue the Public
Hearing Carried 7-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of CLARINDEN located Northwest of 144th and
Ida Streets -Outside City -over from 1/30/07 -see attached .
# 18 -Over to 5/15/07
24 . Ord. to approve a Major Amendment to a Mixed Use Development Agreement for
property located Southwest of 162nd Street and West Maple Road between the
City of Omaha and Bremcon, Inc., providing site development standards; and to
provide for an effective date -see attached. ((PUBLIC HEARING TODAY -CAN
BE PASSED TODAY))
CCID # 246 -ORDINANCE# 37671 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a Major Amendment to a Mixed Use District Development
Agreement (Maple Creek Replat 1) located Southwest of 162nd
Street and West Maple Road -see attached .
# 246 -From Chair on File
25. Ord. vacating the north/south alley between 30th and 31st Streets from State to
Willit Streets and providing the effective date hereof -see attached . ((PUBLIC
HEARING HELD 3/6/07 -CAN BE PASSED TODAY))
CCID # 264 -ORDINANCE# 37672 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to vacate the north/south alley between 301h Street and
31 st Street, from State Street to Will it Street -see attached.
# 264 -From Chair on File
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ORDINANCES ON FINAL READING
26 . Ord . declaring the necess ity of appropriating, for use of the City of Omaha , the
necessary lands for the purpose of widening "I" Street , from 1181h Street to 1201h
Street identified as OPW 51273; providing that the City neg o tiate 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 3/6/07 -CAN BE PASSED TODAY))
CCID # 247 -ORDINANCE# 37673 PASSED 7-0
27. Ord . approving an Agreement and a purchase order to Wapiti Micro Systems
Corporation to provide software upgrades and maintenance fo r computerized
traffic signal controls 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 Purchasing Agent to issue a purchase order
to Wapiti Micro Systems Corporation ; to authorize the reimburse ments to be paid
from a specific account; and to provide an effective date hereo f -see attached .
((PUBLIC HEARING HELD 3/6/07 -CAN BE PASSED TODAY))
CCID # 261 -ORDINANCE# 37674 PASSED 7-0
28. Ord . declaring the necessity of appropriating , for the use of the C ity of Omaha ,
certain hereinafter described vacant and improved properties located in the
H ighlander Redevelopment Plan Area, an area generally defined by Lake Street
on the North , the North Freeway on the East, Cuming Street on the South , and
30 1h Street on the West, for acquisition, relocation as appropriate , demolition of
structures, preparation of sites, and subsequent use as sites for implementing
the Highlander Neighborhood 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 -see attached. ((PUBLIC HEARING HELD 3/6/07 -CAN BE PASSED
TODAY))
CCID # 248 -ORDINANCE# 37675 PASSED 7-0
29 . Ord . to amend Section 36-276 of Article VII of the Omaha Municipal Code
relating to "Traffic " entitled "Size and We ight"; to add a minimum $250 penalty
for each violation ; to repeal Section 36-276 as hereto existing; and to provide an
effective date -see attached. ((PUBLIC HEARING HELD 3/6 /07 -CAN BE
PASSED TODAY))
CCID # 249 -ORDINANCE# 37676 PASSED 7-0
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30 . Ord. to approve an Agreement between the City of Omaha, a Municipal
Corporation, and Douglas County School District 0001, a Nebraska Political
Subdivision organized and existing under the laws of the State of Nebraska ; the
Omaha Police Department will provide the School District with a Truant Officer at
Omaha North High School and assistance with the 21st Century Community
Learning Center; the City will provide personnel for the term of July 1, 2006 ,
through August 30, 2007, in an amount not to exceed $80,069 .09; and to provide
for two-one-year options should funding exist; and, to provide an effective date
hereof -see attached . ((PUBLIC HEARING HELD 3/6/07 -CAN BE PASSED
TODAY))
CCID # 250 -ORDINANCE# 37677 PASSED 7-0
31 . Ord . to approve an Agreement between the City of Omaha and the Young
Women 's Christian Assoc iation (YWCA) in the amount of $127 ,000 .00 for sixty
percent of a Child Counselor's salary for two years and for an Outreach
Immigration Specialist ; paid through the $500 ,000 .00 Rural Domestic Violence
and Child Victimization Enforcement Program , Grant Award #2006-WR-AX-0005 ,
from the U.S . Department of Justice , Office of Justice Programs , Office on
Violence Against Women for the period of August 1, 2006 to July 31, 2008 ; to
authorize payment from such grant funding and involving appropriations of more
than one year in conformity with Section 5.17 of the Home Rule Charter; and, to
provide for the effective date hereof -see attached . ((PUBLIC HEARING HELD
316107 -CAN BE PASSED TODAY))
CCID # 251 -ORDINANCE# 37678 PASSED 7-0
32 . Ord . authorizing the execution of a Professional Services Agreement between
the City of Omaha and Lamson Dugan & Murray, LLP to file suit on behalf of the
City against Figg Bridge Engineers, Inc., involving the payment of money from
appropriations for more than one year; to authorize payments from a specific
account; and to provide for an effective date hereof -see attached. ((PUBLIC
HEARING HELD 3/6/07 -CAN BE PASSED TODAY))
CCID # 258 -Motion to lay over 1 wk . to 3/27/07 Carried 6-1 Yeas :
Brown, Gernandt, Sigerson , Suttle, Vokal, Welch Nay : Thompson
(a) Amendment requested by the Adm inistrat ion -see attached.
# 258 -Over to 3/27107
(b) Document submitted by Kermit Brashear, Attorney representing
Figg Bridge Engineers , Inc ., re: Execution of a Professional
Services Agreement with Lamson Dugan & Murray , LLP to file a
suit against Figg Bridge Engineers, Inc. -over from 3/6/07 -see
attached .
# 258 -Over to 3127107
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33. Ord. to amend Section 23 -177 of the Omaha Municipal Code concern ing
employment classifications to delete the employment classification entitled
Payroll Manager from the Civilian Management classifications ; to insert the
employment classification entitled Payroll Manager in the Administrative and
Executive classifications with a pay range of 26 AEC ($71,897 t o $87 ,744); to
repeal Section 23 -177 as heretofore existing; and to provide the effective date
hereof -see attached . ((PUBLIC HEARING HELD 3/6/07 -CAN BE PASSED
TODAY))
CCID # 265 -ORDINANCE# 37679 PASSED 7-0
34. Ord . to redraw the seven existing city council districts; to include the area
presently known as the City of Elkhorn and certain unincorpo rated areas of
Douglas County, Nebraska as shown on Exhibit "A " attached hereto and
incorporated herein ; to create council districts which are substa ntially equal in
population; and to provide an effective date -see attached . ((PUBLIC HEARING
HELD 3/6/07 -CAN BE PASSED TODAY))
CCID # 269 -Ordinance read
ORDINANCE# 37680 PASSED AS AMENDED 7-0
(a) Amendment requested by Councilmember Brown -over from
3/6/07 -see attached .
# 269 -Approve 6-1 Yeas : Brown , Gernandt , Sigerson ,
Suttle , Vokal , Welch Nay: Thompson
(b) Amendment requested by Councilmember Thompson -over from
3/6/07 -see attached .
# 269 -From Chair on File
(c) Amendment requested by Councilmember Sigerson -see attached.
# 269 -Approve 7 -0
35 . Ord. to establish procedures for review and approval of special designated liquor
licenses located near Rosenblatt Stadium during the College World Series ; to
establish a deadline for submitting applications for such special designated
licenses ; to authorize a Committee to approve or deny the applications ; and to
provide for an effective date -see attached . ((PUBLIC HEARING HELD 3/6/07 -
CAN BE PASSED TODAY))
CCID # 266 -ORDINANCE# 37681 PASSED 7-0
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(a) Communications in support of the proposed Ordinance limiting the
number of Special Designated Liquor Licenses at and around
Rosenblatt Stadium during the College World Series -see
attached .
# 266 -From Chair on File
36 . Special Ord . levying a special tax assessment for cutting and clearing weeds ,
grass and worthless vegetation in accordance with Sections 18-21 through 18-30
of the Omaha Municipal Code on certain lots in the City of Omaha (Group No .
2007-4) -see attached . ((PUBLIC HEARING HELD 3/6/07 -CAN BE PASSED
TODAY))
CCID # 252 -Special Ordinance read
SPECIAL ORDINANCE# 10069 PASSED AS AMENDED 7-0
(a) Amendment requested by the Finance Department -see attached .
# 252 -Approve 7 -0
37 . Special Ord . levying a special tax assessment for cutting and clearing weeds ,
grass and worthless vegetation in accordance with Sections 18-21 through 18-30
of the Omaha Municipal Code on certain lots in the City of Omaha (Group No .
2007-5) -see attached . ((PUBLIC HEARING HELD 3/6/07 -CAN BE PASSED
TODAY))
CCID # 253 -Special Ordinance read
SPECIAL ORDINANCE# 10070 PASSED AS AMENDED 7-0
(a) Amendment requested by the Finance Department -see attached .
# 253 -Approve 7-0
38 . Special Ord . levying a special tax assessment for removal of litter in accordance
with Sections 18 -21 through 18-30 of the Omaha Municipal Code on certain lots
in the City of Omaha (Group No . 2007-6) -see attached. ((PUBLIC HEARING
HELD 3/6/07 -CAN BE PASSED TODAY))
CCID # 254 -Special Ordinance read
SPECIAL ORDINANCE# 10071 PASSED AS AMENDED 7-0
(a) Amendment requested by the Finance Department -see attached .
# 254 -Approve 7 -0
(b) Amendment requested by the City Clerk.
# 254 -Approve 7-0
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39 . Special 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 Municipa l Code on certain lots in the City of Oma ha (Group No .
2007-7) -see attached . ((PUBLIC HEARING HELD 3/6/07 -CAN BE PASSED
TODAY))
CCID # 262 -SPECIAL ORDINANCE# 10072 PASSED 7-0
"PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARING ON AGENDA ITEM NO. 40
SHALL BE HELD ON THE THIRD READING"
ZONING ORDINANCE ON SECOND READING
40 . Ord. to amend Omaha Municipal Code section 6-1 entitled "Defin itions ," by
defining the terms cattery and kennel ; to amend Omaha Municipal Code section
6-127 entitled "Same-Kennel or cattery ," to clarify regulation of such facilities ; to
amend Omaha Municipal Code section 55-45 entitled "Commercial use types ,"
by amending the definitions of kennels and pet services ; to repe al sections 6-1 ,
6-127 , and 55-45 as heretofore exist ing ; and to provide the effective date thereof
-see attached.
CCID # 284 -Over to 3/27/07
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ORDINANCE ON SECOND READING and Planning Board Attachment
41 . Ord . vacating Richelieu Avenue from 2nd Street , east to the Botanical Gardens
property line in the City of Omaha and providing the effective date hereof -see
attached . ((PUBLIC HEARING TODAY))
CCID # 285 -Over to 3/27/07
(a) Planning Board and Planning Department recommend approval of
the vacation of Richelieu Avenue from 2 nd Street east to the
Botanical Gardens property line -see attached.
# 285 -Over to 3/27107
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ORDINANCES ON SECOND READING
42 . Ord. declaring the necessity of appropriating, for use of the City of Omaha , the
necessary lands for the purpose of constructing Odor Control Facility and System
Improvements at the 22nd & Washington Joint Use Facility , identified as OPW
51145 ; providing that the City negotiate with the property owners for land
acquisitions, permanent easements and temporary construction easements ;
providing that as to each specified parcel which cannot be obtained by
negotiation, condemnation proceedings be undertaken and completed; and ,
providing for the effective date hereof -see attached. ((PUBLIC HEARING
TODAY))
CCID # 286 -Over to 3127107
43 . Ord . declaring the necessity of appropriating , for use of the City of Omaha, the
necessary lands for the purpose of constructing the 41 st & Monroe Street Sewer
Separation identified as OPW 51171; providing that the City negotiate with the
property owners for land acquisitions, permanent easements and temporary
construction easements ; providing that as to each specified parcel which cannot
be obtained by negotiation, condemnation proceedings be undertaken and
completed; and, providing for the effective date hereof -see attached . ((PUBLIC
HEARING TODAY))
CCID # 287 -Over to 3127107
44. Ord. declaring the necessity of appropriating, for use of the City of Omaha , the
necessary lands for the purpose of constructing a sewer separation in the area
between 50 1h Street and 52nd Avenue, from Pine Street to Poppleton Avenue
identified as OPW 50657; providing that the City negotiate with the property
owners for land acquisitions , permanent easements and temporary construction
easements; providing that as to each specified parcel which cannot be obtained
by negotiation , condemnation proceedings be undertaken and completed; and ,
providing for the effective date hereof -see attached. ((PUBLIC HEARING
TODAY))
CCID # 288 -Over to 3127107
45 . Ord. approving an Agreement for the sale of City-owned real property ; to provide
that notwithstanding any provisions of the Omaha Municipal Code to the
contrary, the City is authorized to enter into the attached Agreement w ith W .
Patrick Goodin, 3865 Franklin Street, Omaha , Nebraska 68111 , to convey the
real property located at 3844 Franklin Street and legally described as the West
one-half of Lot 12 , Block 11, Orchard Hill, for the sum of Two Thousand One
Hundred Thirty and no/100 Dollar ($2 , 130 .00) and to provide the effective date
hereof -see attached . ((PUBLIC HEARING TODAY))
CCID # 289 -Over to 3127107
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APPEAL RE: BID REJECTION
46 . Ken Kroeger, Golf and Turf Territory Manager of Van Wall T u rf & Irrigation
appeals the rejection of their bid submitted January 31, 2007 on City of Omaha
Light Weight Fairway Mowers -see attached. ((MOTION NEEDED TO ALLOW
OR DENY THE APPEAL AND DIRECT THE DEPARTMENT ACCORDINGLY))
CCID # 314 -Motion to allow the appeal and direct the Department to
review the bid LOST 3-4 Yeas: Gernandt, Sigerson, Suttle Nays :
Brown, Thompson, Vokal, Welch
Motion to DENY the appeal Carried 7-0
(a) Communication from Gary Deveney, Golf Manager, re: Evaluation
process for Golf Mowers Bid Award.
# 314 -From Chair on File
(b) Document submitted by Don Van Houweling, President, Van Wall
Group , re : Appeal of their bid on Light Weight Fairway Mowers .
# 314 -From Chair on File
RESOLUTIONS
4 7. Res. that the attached Amendments to the Omaha-Council Bluffs Consolidated
Submissions for Community Planning and Development Programs for Fiscal
Years 2004, 2005 and 2006 are hereby approved -over from 2127107 for
publication and Public Hearing -had publication -see attached. ((PUBLIC
HEARING TODAY -CAN BE ADOPTED TODAY))
Res . # 260 -Adopt 7-0
48 . Res . that the Amendment to the Subdivision Agreement amo ng the City of
Omaha , SNGF Development, LLC , the Pacific Street West Homeowners
Association and Sanitary and Improvement District 539 of Douglas County,
Nebraska , as recommended by the Mayor, providing for the change to the public
improvements is hereby approved. The Subdivision is to be known as Pacific
Street West Replat Two (Lots 1-17) and is located Southwest of 1981h and Pacific
Streets -see attached. ((PUBLIC HEARING TODAY -CAN BE ADOPTED
TODAY))
Res.# 315 -Adopt 7-0
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49 . Res. that, as recommended by the Mayor, the contract with Navarro Enterprise
Construction , Inc . for SID 6872, being the construction of the alley between 2J1h
and 28 1h Streets from Leavenworth to Mason Streets, in the amount of
$56,963 .50.00 is hereby approved; and that the Finance Department is
authorized to pay the cost of SID 6872 from the Special Assessments
Organization 116168, Capital Special Assessments Fund 13573, year 2007
expenditures -see attached. ((PUBLIC HEARING TODAY -CAN BE ADOPTED
TODAY))
Res .#316-Adopt 7-0
50 . Res. that, as recommended by the Mayor, the contract with Daedalus
Construction Company for OPW 51108, being the reconstruction of 42nd Street
from Harney Street to Dodge Street, in the amount of $514 ,708 .93 is hereby
approved; and that the Finance Department is authorized to pay the cost of OPW
51108 from the 42nd Street lmprovemenUUNMC Organization 131783 , UNMC
Infrastructure Improvements Fund 13447, year 2007 expenditures -see
attached. ((PUBLIC HEARING TODAY -CAN BE ADOPTED TODAY))
Res .#317-Adopt 7-0
51. Res. that, as recommended by the Mayor, the Agreement with Jacobson Satchell
Consultants to provide professional services for monitoring of ground and surface
water for the Riverfront Development Project for the year 2007 is hereby
approved ; and , that the Finance Department is authorized to pay $46,500.00
from the Street and Highway Allocation Fund 12131, General Services
Organization 116111, year 2007 expenditure -see attached. ((PUBLIC
HEARING TODAY -CAN BE ADOPTED TODAY))
Res .#318-Adopt 7-0
52 . Res . that , as recommended by the Mayor, the Wastewater Service Agreement,
between the City of Omaha and the City of Bennington regarding wastewater
services for the Ridgewood Subdivision which is in the City of Bennington 's
jurisdiction, is hereby approved -see attached. ((PUBLIC HEARING TODAY -
CAN BE ADOPTED TODAY))
Res .# 319 -Adopt 7-0
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53 . Res . that, as recommended by the Mayor, the Professional Services Agreement
with Jackson Jackson and Associates, for engineering and architectural services
for the design of an addition to and reconstruction of Fire Station number 53,
located at 8001 Dodge Street, is hereby approved; that the Finance Department
is authorized to pay $49,500 .00 plus normal reimbursable expenses for these
professional services from the 2006 Public Facilities Bond Fund 13244 ,
Organization 117512 -see attached. ((PUBLIC HEARING TODAY -CAN BE
ADOPTED TODAY))
Res. # 320 -Adopt 7-0
54 . Res . that the attached Agreement, as recommended by the Mayor, to provide a
Target Area Rehabilitation Grant in the amount of $27,250 .00 for the
rehabilitation work at the property owned and occupied by Ada L. Black at 3110
Hamilton Street , Omaha , Nebraska, 68131, is hereby approved . The contract is
to be awarded to Goly Young . Funds in the amount of $27,250.00 shall be paid
from FY 2006 CDBG Single Family Target Rehabilitation Program Fund No .
12186 , Organization No . 129114 -see attached . ((PUBLIC HEARING TODAY -
CAN BE ADOPTED TODAY))
Res .# 321 -Adopt 7-0
55 . Res. that the attached Agreement, as recommended by the Mayor, to provide a
Lead-Based Paint Hazard Control Grant in the amount of $12,500 .00 and a
Nebraska Affordable Housing Trust Fund Grant in the amount of $17 , 130 .00 for a
total of $29,630 .00 for the rehabilitation and lead reduction work at the property
owned and occupied by Yvette D. Davis at 2005 Locust Street , Omaha,
Nebraska 68110, is hereby approved . The contract is to be awarded to Goly
Young Construction . Funds in the amount of $12,500 .00 shall be paid from the
Lead-Based Paint Hazard Control Program, Fund No . 12136, Organization No .
128018 and $17 ,130 .00 shall be paid from the Nebraska Affordable Housing
Trust Fund Program Grant Award No . 05-TFH0-750, Fund No. 12141 ,
Organization No . 129313 -see attached . ((PUBLIC HEARING TODAY -CAN BE
ADOPTED TODAY))
Res . # 322 -Adopt 7-0
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56. Res. that the attached Agreement, as recommended by the Mayor, to provide a
Target Area Rehabilitation Grant in the amount of $8 ,090 .00 and a Nebraska
Affordable Housing Trust Fund Grant in the amount of $21 ,350.00 for a total of
$29,440 .00 for the rehabilitation work at the property owned and occupied by
Charles H. Robbins , 2619 North 24 1h Street, Omaha , Nebraska 68110, is hereby
approved . The contract is to be awarded to Adair Remodeling . Funds in the
amount of $8 ,090 .00 shall be paid from FY 2006 CDBG Single Family Target
Special Needs Rehabilitation Program Fund No. 12186 , Organization No .
129114 and $21,350 .00 shall be paid from the Nebraska Affordable Housing
Fund Program Grant Award No . 05-TFH0-750 , Fund No . 12141 , Organization
129313 -see attached. ((PUBLIC HEARING TODAY -CAN BE ADOPTED
TODAY))
Res . # 323 -Adopt 7-0
57. Res. that the Mayor is authorized to sign and the City Clerk to attest, the
agreement between the City of Omaha and the State of Nebraska Department of
Roads for Keystone Trail East Connector -Phase I, beginning at Karen Park ,
6288 "H" Street and ending at 45t h and Dayton Street with an estimated cost of
$1.2 million , and the attached Agreement, which is incorporated herein by this
reference , is hereby approved . The City 's share of this project wi ll be paid from
2006 Park Bond Fund Number 13354, Organization Number 117312, and Project
Number 2190 , Keystone Trail East Connector. That , the Finance Director is
advised to anticipate reimbursement for this project from the Peter Kiewit
Foundation in the amount of $315 ,021 .00 , from the Papio-Missouri River Natural
Resource District in the amount of $200 ,000.00 , and from the Nebraska
Department of Roads in the amount of $500 ,000.00 -see attached . ((PUBLIC
HEARING TODAY -CAN BE ADOPTED TODAY))
Res . # 324 -Adopt 7-0
58 . Res. that , as recommended by the Mayor, the bid in the total amount of
$47,300 .00 from All Purpose Utilities , to furnish all labor, materials , and
equipment for a new sewer line in the concourse at Johnny Rosenblatt Stadium ,
1202 Bert Murphy Drive , Omaha , Nebraska, is hereby accepted and the
Purchasing Agent is authorized to issue a purchase order in conformance
herewith . Funds in this bid amount shall be paid from Rosenblatt Stadium
Expansion Improvement Fund No . 13428 and Organization No . 131581. It is the
City of Omaha 's intention to issue Lease Purchase Bonds for this project -see
attached . ((PUBLIC HEARING TODAY -CAN BE ADOPTED TODAY))
Res. # 325 -Adopt 6-0-1 Pass Yeas: Brown , Gernandt , Sigerson ,
Suttle , Thompson , Vokal Pass : Welch
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59. Res . that, as recommended by the Mayor, the bid in the total amount of
$56,863.00 from CYC Construction, Inc., to furnish all labor, materials, and
equipment necessary for improvements at Timber Creek Park , 13435 Birchwood
Avenue, Omaha, Nebraska, to include but not be limited to t he removal of
existing play equipment and installing new equipment and site amenities, 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 2006
Recreation and Culture Bond Fund No . 13354, Organization No. 117311, and
Project No. 2013 , Timber Creek Park Rehabilitation -see attached. ((PUBLIC
HEARING TODAY -CAN BE ADOPTED TODAY))
Res . # 326 -Adopt 7-0
60. Res . that, as recommended by the Mayor, the bids of Central States, Inc. for
certain Duty and Training ammunition in the amount of $58,655.35 and Ultramax
Ammunition for certain Training ammunition in the amount of $33,920 .00 both in
the total amount of $92,575.35, which both represent the bids for ammunition ,
being the lowest and/or best bids received, as more particularly shown in exhibit
"A" attached hereto, which bids are incorporated herein by this reference, are
hereby accepted and the same are hereby approved; and that the Finance
Department of the City of Omaha is authorized to pay the cost of these
ammunition purchases from Fiscal Year 2007, General Fund 11111 ,
Organization 113171 Training Academy, Account 43915 Guns a nd Ammo -see
attached. ((PUBLIC HEARING TODAY -CAN BE ADOPTED TODAY))
Res . # 327 -Adopt 7-0
61 . Res. that the bids of Ed M. Feld Equipment, in the total amount of $44 , 133.00 are
accepted as the lowest and best bids, and the Purchasing Agent is directed to
issue a Purchase Order in accordance with specifications for the purchase of
seventy-two (72), 50-foot 1 % inches double jacket hoses; ninety (90) 50-foot 2Yi
inches double jacket hoses; twenty (20) 50-foot 5-inch hoses; thirty (30) 100-foot
5-inch hoses, ten (10) 50-foot five-inch attack hoses , and ten (10) 100-foot 5-inch
attack hoses, for use by the Omaha Fire Department, such sum to be paid from
the 2007 Fire Department budget , Fund 11111, Organization 114526, Account
Code 44134 -see attached . ((PUBLIC HEARING TODAY -CAN BE PASSED
TODAY))
Res. # 328 -Adopt 6-0
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62 . Res . that the appointment by Mayor Mike Fahey of Tony Welchen to serve as a
Commissioner of the Omaha Housing Authority in accordance with the terms and
conditions of the laws of the State of Nebraska and the City of Omaha , for a term
commencing upon confirmation by the City Council and expiring five years
thereafter, be and hereby is confirmed and approved -see attached . ((PUBLIC
HEARING TODAY -CAN BE ADOPTED TODAY))
Res . # 329 -Adopt 6-0
63. Res. that , as recommended by the Mayor, the re-appointment of D . David
Slosburg to the Omaha Performing Art Society, lnc .'s Board of Directors fo r a
term ending on July 8 , 2008, is hereby confirmed -see attached . ((PUBLIC
HEARING TODAY -CAN BE ADOPTED TODAY))
Res.# 332 -Adopt 6-0
"PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD APRIL 10, 2007
AGENDA ITEM NOS. 64 THROUGH 65
SHALL BE LAID OVER FOUR WEEKS TO APRIL 17, 2007
FOR PUBLICATION AND PUBLIC HEARING"
64 . Res. that the 1308 Jackson DEV , LLC Tax Increment Financing Redevelopment
Project Plan for the jlofts Condom inium project , prepared by the Omaha City
Planning Department , conta ining a provision for the div ision of ad valorem taxes
under Section 18-2147 through 18-2150 , Revised Statutes of Nebraska , be and
hereby is approved as the Tax Increment Financing Redevelopment Project Plan
for the 1308 Jackson DEV, LLC Tax Increment Financing Redevelopment Project
Plan Area for the renovation and conversion of the site into a multi -level , six and
one half-story 145 ,000 square foot 55 unit open style condominium complex w ith
retail , office and residential conta ining underground park ing , active street-level
retail and related facilities to be located at 13 1h & Jackson Streets -see attached .
CCID # 330 -Over 4 wks . to 4/17/07 for publication and Publ ic Hearing
pursuant to City Council Rule VII H
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65 . Res. that the attached James Tinsley Villas, LLC Tax Increment Financing (TIF)
Redevelopment Project Implementation Plan, prepared by the Omaha City
Planning Department, containing a provision for the division of ad valorem taxes
under Sections 18-214 7 through 18-2150, Revised Statutes of Nebraska, be and
hereby is approved as the Redevelopment Plan for the James Tinsley Villas, LLC
Tax Increment Financing (TIF) Redevelopment Project Implementation Plan area
for the development of 7 affordable two bedroom, multi-family independent senior
housing four-plex rental units targeted for low-to-moderate-income persons in the
area bounded by 58 1h Street on the east, 60 1h Street on the west , Ogden Street
on the north and Fort Street on the south -see attached.
CCI D # 331 -Over 4 wks. to 4/17 /07 for publication and Public Hearing
pursuant to City Council Rule VII H
* * * * * * * * * * * * * * *
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 RESOLUTION
66 . Protest filed by three or more residents in accordance with Section 53-135 and
53-135.01 of the Nebraska Liquor Control Act opposing the automatic renewal of
the Class "I" Liquor License of Veterans F W Benson 2503, 8900 Military Avenue
for the 2007-2008 licensing year -see attached . ((PUBLIC HEARING TODAY -
MOTION NEEDED TO RECEIVE AND PLACE ON FILE))
CCID # 308 -Motion to receive and place on file Carried 7-0
67 . Res. that the Nebraska Liquor Control Commission is hereby requested to
require Veterans FW Benson 2503, doing business at 8900-04 Military Avenue,
Omaha, Nebraska, to submit a formal application before its Class "I" retail liquor
license is renewed for the 2007 -2008 licensing year -see attached. ((PUBLIC
HEARING TODAY -CAN BE ADOPTED TODAY))
CCID # 308 -Motion that the Resolution not be adopted Carried 7-0
(a) Documentation submitted by Mark Welsch, GASP President, re:
Smoke-Free Law Violations.
# 308 -From Chair on File
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"PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARING ON AGENDA ITEM NO. 68
SHALL BE HELD ON THE THIRD READING"
ZONING ORDINANCE ON FIRST READING and Planning Board Attachment
68 . Ord . to rezone property located at 14406 Harrison Street from DR-Development
Reserve District to CC-Community Commercial District.
CCID # 333 -Hearing 4/3/07
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located at 14406 Harrison Street from
DR to CC -see attached .
# 333 -Over to 4/3/07
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"PURSUANT TO CITY COUNCIL RULE VII C
THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 69 THROUGH 74
SHALL BE HELD ON THE SECOND READING"
ORDINANCES ON FIRST READING
69 . Ord. declaring the necessity of appropriating , for use of the City of Omaha, the
necessary lands for the purpose of constructing the 42nd & "X " Street Sewer
Separation identified as OPW 50986; providing that the City negotiate with the
property owners for land acquisitions , permanent easements and temporary
construction easements; providing that as to each specified parcel which cannot
be obtained by negotiation, condemnation proceedings be undertaken and
completed ; and, providing for the effective date hereof -see attached .
CCID # 336 -Hearing 3/27/07
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70 . Ord. declaring the necessity of appropriating and acquiring, for use of the City of
Omaha, certain private property for the purpose of constructing Phase Ill of the
Riverfront Trail North , identified as project DPS-28(70)C .N .21973; providing that
the City negotiate with the property owners for land acquisitions, permanent
easements and temporary construction easements in the area shown on the
attached Exhibit "A "; providing that as to each specified parcel which cannot be
obtained by negotiations , condemnation proceedings be undertaken and
completed; providing that funding will be from the 2000 Park and Recreation
Bond Fund No. 13352, Organization No. 131621 and Project 0062 ; and providing
for the effective date hereof -see attached .
CCID # 337 -Hearing 3/27/07
71 . Ord . declaring the necessity of appropriating and acquiring, for use of the City of
Omaha, certain private property for the purpose of constructing the Turner Blvd.
Trail , from 36 1h and Pacific Streets to 30 1h and Dodge Streets , identified as project
STPB-28(83), Control No. 22187 ; providing that the City negotiate with the
property owners for land acquisitions , permanent easements and temporary
construction easements in the area shown on the attached Exhib it "A "; providing
that as to each specified parcel which cannot be obtained by negotiations,
condemnation proceedings be undertaken and completed ; providing that funding
will be from the 2000 Park and Recreation Bond Fund No. 13352, Organization
No . 131621 and Project No. 1577 ; and providing for the effective date hereof -
see attached .
CCID # 338 -Hearing 3/27/07
72 . Ord. to accept the bid of A-1 Containers in the amount of $39 ,908 .76 for 20 cubic
yard dumpster service at District 2 in Karen Park , Levi Carter Building , N .P .
Dodge Butler Building, Tranquility Park and Zorinsky Recreation Area for the
Parks Division of the Parks, Recreation and Public Property Department for a
one-year period beginning April 1 , 2007 and ending March 31 , 2008 , extendible
for an additional one -year period at the sole option of the City , to authorize
payment in accordance therewith; to authorize the Purchasing Agent to issue a
purchase order ; and to provide an effective date -see attached .
CCID # 339 -Hearing 3/27/07
73 . Ord . to enact a new section of the Omaha Municipal Code to be numbered Sec.
23-102, prov iding that the human resources director may modify , waive , or
render inapplicable the regulations regarding classifications, compensation or
pay , as to former employees of the city of Elkhorn ; and to provide the effect ive
date thereof -see attached .
CCID # 341 -Hearing 3/27/07
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74 . Ord . to accept the bid of ABM for the provision of janitorial services for a two year
period (April 1, 2007 through March 31 , 2009 , extendible for additional three
1-year extensions at the sole option of the City) at the Recreation Centers ; to
authorize annual payments as specified therein in the amount of $201 ,081 .00 per
year; and to provide an effective date -see attached.
CCID # 340 -Hearing 3/27/07
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CHAIRMAN OF THE BOARD OF EQUALIZATION
75 . Chairman of the Board of Equalization reports approval of Plans of Assessment ;
with adjustments made at their regular meeting held March 6 , 2007 -see
attached . ((MOTION NEEDED TO APPROVE))
CCID # 343 -Approve 7-0
ADDITIONAL RESOLUTION
76 . Res . that , the reappointment by Mayor Mike Fahey of Reverend Karen Moritz , to
be a member of the Transit Authority of Omaha 's Board for a term that will expire
on March 3, 2012 , and commencing on the date of confirmation by the C ity
Council is hereby confirmed -see attached. ((PUBLIC HEARING TODAY -CAN
BE ADOPTED TODAY))
Res . # 344 -Adopt 6-0
EXECUTIVE SESSION
77 . Motion to go into Executive Session for the purpose of discussing labor
negotiat ions , personnel matters and litigation .
ADJOURNED: 4:32 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.
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