2005-05-17j iy
"CORRECTED"
CITY COUNCIL AGENDA FOR MAY 17, 2005
LEGISLATIVE CHAMBERS - 2:00 P.M.
Agenda and Link to Agenda Items
Available at http://www.ci.omaha.ne.us
ROLL CALL
City Clerk calls the roll.
(ACID # 567 - Present: Sigerson, Thompson, Welch, Brown, Gernandt,
Kraft, Mr. President
2. Pledge of Allegiance.
3. Invocation by Councilmember Frank Brown of District No. 2.
CERTIFICATION OF PUBLICATION
XCity Clerk certifies publication in Daily Record, the Official Newspaper of the City
of Omaha on May 13, 2005, notice re: Pre-Council and Regular City Council
Meetings, ay 17, 2005.
CID # 568 - 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.
V
ZONING ORDINANCES ON FINAL READING and Planning Board Attachments
XOrd. to rezone property located Southwest of 174th and Burke Streets from
AG-Agricultural District to R5-Urban Family Residential District. ((PUBLIC
HEARING TODAY - CAN BE PASSED TODAY))
CID # 527 - ORDINANCE # 37029 PASSED 7-0
Ord. to rezone property located Southwest of 174th and Burke Streets from
AG-Agricultural District to DR-Development Reserve District. ((PUBLIC
HEARING TODAY - CAN BE PASSED TODAY))
`4ID # 528 - ORDINANCE # 37030 PASSED 7-0
71/
Planning Board and Planning Department recommend approval of
a request to rezone property located Southwest of 174th and Burke
Streets fr m AG to DR and R5 - see attached.
# 528 - From Chair on File
Res. that the plat entitled VILLAGE COVE located Southwest of 174th and Burke
Streets is hereby approved and accepted - Outside City - over from 4/26/05 - see
attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 529 - Adopt 7-0
Planning Board and Planning Department recommend approval of
a) f
the Final Plat of VILLAGE COVE located Southwest of 174th and
Burke Streets - Outside City - over from 4/26/05 - see attached.
" # 529 - From Chair on File
Res. that the Subdivision Agreement among the City of Omaha, 180 West, LLC,r1 ,
and Sanitary and Improvement District 483 of Douglas County, Nebraska, as
recommended by the Mayor, providing for the public improvements, a park fee,
trail/boulevard fee and sewer connection to the Omaha Sanitary Sewer System,
is hereby approved. The Subdivision is to be known as Village Cove (Lots 1-41
and Outlot A) and is located Southeast of 174th and Burke Streets - over from
4/26/05 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED
TODAY)
Res. # 538 - Adopt 7-0
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v
RESOLUTIONS RE: PRELIMINARY PLATS AND PLATS
, Res. that the preliminary plat entitled COLLEGE OF ST. MARY'S ADDITION
REPLAT 1 located at 1901 South 72nd Street with a waiver of Section 53-8(4)(d),
Street Frontage, 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 5/3/05 for publication and Public Hearing - had publication - see
attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
/Res. # 560 - Adopt 7-0
A< Planning Board and Planning Department recommend approval of
the Preliminary Plat of COLLEGE OF ST. MARY'S ADDITION
REPLAT 1 located at 1901 South 72nd Street - Inside City - over
from 5/3/05 - see attached.
# 560 - From Chair on File
�0. Res. that the replat transmitted herewith entitled COLLEGE OF ST. MARY'S
/// ADDITION REPLAT 1, located at 1901 South 72nd Street, is hereby approved,
and concurrently a portion of the existing plat entitled College of Saint Mary's
Addition, and described on said replat, is hereby vacated - Inside City - over from
5/3/05 for publication and Public Hearing - had publication - see attached.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
As. # 561 - Adopt 7-0
,(051{ Planning Board and Planning Department recommend approval of
the Final Plat of COLLEGE OF ST. MARY'S ADDITION REPLAT 1
located at 1901 South 72nd Street - Inside City - over from 5/3/05 -
see att hed.
# 561 - From Chair on File
Res. that the preliminary plat entitled PACIFIC SPRINGS REPLAT 7, located
Northeast of 174th and Harney 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. # 579 - Adopt 7-0
Planning Board and Planning Department recommend approval of
the Preliminary Plat of PACIFIC SPRINGS REPLAT 7, located
Northea t of 174th and Harney Streets - see attached.
# 579 - From Chair on File
- 3 -
"PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD MAY 31, 2005,
AGENDA ITEM NOS. 12 THROUGH 14
SHALL BE LAID OVER THREE WEEKS TO JUNE 7, 2005
FOR PUBLICATION AND PUBLIC HEARING"
0 Res. that the preliminary plat entitled DEMITRUK PLACE, located Southwest of
5th and Bancroft Streets with a waiver of Sec. 53-8(4)(a), Minimum Lot Depth
from 100', to allow lot depths of 99.95' and 99.99' deep lots is hereby accepted;
and, the preparation of the final plat of this subdivision is hereby authorized -
Inside City - see attached.
II CID # 571 - Over 3 wks. to 6/7/05 for publication and Public Hearing
pursuant to City Council Rule VII H
..,(4(-Planning Board and Planning Department recommend approval of
the Preliminary Plat of DEMITRUK PLACE with a waiver of Sec.
53-8(4)(a), Minimum Lot Depth, located southwest of 5th and
Bancroft Streets - Inside City - see attached.
# 571 - Over to 6/7/05
Res. that the plat entitled DEMITRUK PLACE, located Southwest of 5th and
Bancroft Streets, is hereby approved and accepted - Inside City - see attached.
\ID # 572 - Over 3 wks. to 6/7/05 for publication and Public Hearing
pursuant to City Council Rule VII H
. / ' lanning Board and Planning Department recommend approval of
the Final Plat of DEMITRUK PLACE, located Southwest of 5th and
Bancroft Streets - Inside City - see attached.
# 572 - Over to 6/7/05
- 4 -
%Res. that the preliminary plat entitled WALNUT GROVE TOWNHOMES, a cluster
subdivision, located Northwest of 153rd and "0" Streets, along with the attached
conditions, is hereby accepted; and, the preparation of the final plat of this
subdivision is hereby authorized - Inside City - see attached.
‘ CID # 578 - Over 3 wks. to 6/7/05 for publication and Public Hearing
pursuant to City Council Rule VII H
Planning Board and Planning Department recommend approval of
the Preliminary Plat of WALNUT GROVE TOWNHOMES, a cluster
subdivision, located Northwest of 153rd and "0" Streets - Inside City
- see attached.
u/t 578 - Over to 6/7/05
* * * * * * * * * * * * * * * *
LIQUOR
PACKAGE - Orchard Hill Mercantile, LLC, dba "H.O.T.", 4026 Hamilton Street.
New application, new location. Property posted: 4/7/05. Notification sent:
4/15/05 - over from 4/26/05 and continue the Public Hearing - see attached.
((PUBLIC HEARING CONTINUED TO TODAY YOUR MOTION SHOULD BE
TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY))
Res. # 543 - Grant 4-3 Yeas: Sigerson, Thompson, Welch, Vokal
Nays: Brown, Gernandt, Kraft
Ali--
Petition opposing the application of Orchard Hill Mercantile, LLC,
dba "H.O.T.", 4026 Hamilton Street, for a Package Liquor License -
over from 4/26/05 - see attached.
✓r1 543 - From Chair on File
communication opposing the Package Liquor License application
of Orchard Hill Mercantile, LLC, dba "H.O.T.", 4026 Hamilton Street
- over from 4/26/06 - see attached.
43 - From Chair on File
- 5 -
Jel Document submitted by Charles and David Kline, Orchard Hill
Mercantile, LLC, dba "H.O.T.", 4026 Hamilton Street, re:
application for a Package Liquor License - over from 4/26/06 - see
attached.
`/# 543 - From Chair on File
,(Rt( Document submitted by Jean Dickes, President of the Orchard Hill
Neighborhood Association, opposing the Package Liquor License
application of Orchard Hill Mercantile, LLC, dba "H.O.T.", 4026
Hamilton Street - over from 4/26/06 - see attached.
‘/# 543 - From Chair on File
/(,(- Document submitted by Andy Jametson opposing the application of
Orchard Hill Mercantile LLC, dba "H.O.T.", 4026 Hamilton Street,
for a Package Liquor License.
V# 543 - From Chair on File
CLASS "C" - Bibesia, Inc., dba "No Where", 2609-2615 South 120th Street. New
application, old location. Present licensee is Imagination Industries, dba "Atlantis
- No Where", 2607 South 120th 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. # 581 - Grant 7-0
r ' CLASS "C" - Landrie Investments, Inc., dba "The Old Bar", 1008 Bancroft Street.
New application, old location. Present licensee is EDK, Inc., dba "The Old Bar",
1008 Bancroft Street - see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITH ,TO GRANT OR DENY))
Res. # 582 - Grant 7-0
CLASS "I" - Ever Gloria, Inc., dba "Matsu Sushi", 1009 Farnam Street. New
application, old location. Present licensee is Pisces, Inc., dba "Matsu Sushi",
1009 Farnam Street - see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITH7R TO GRANT OR DENY))
Res. # 583 - Grant 7-0
- 6 -
die CLASS "I" - Nebraska Fresh-Mex, LLC, dba "Qdoba Mexican Grill", 1110 South
71st Street, Suite #D. New application, new location. Property posted: 5/2/05.
Notification sent: 5/6/05 - see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
%es. # 584 - Grant 7-0
PACKAGE - No Frills Plattsmouth, Inc., dba "No Frills Supermarkets", 4240
South 50th Street. New application, old location. Present licensee is Dillon
Companies, Inc., dba "Baker's Supermarkets", 4240 South 50th 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. # 585 - Grant 7-0
. OFF SALE BEER - B&R Stores, Inc., dba "ALPS #22", 5101 South 36th Street.
New application, new location. Property posted: 4/27/05. Notification sent:
5/6/05 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION
BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO
GRANT OR DENY))
%/ - -
Res. # 586 Grant 7 0
yCATERING - Duda & Duda, Inc., dba "Goldberg's II", 5008 Dodge Street. New
application, old location. Presently holds a Class "I" Liquor License - see
attached. ((PUBLIC HEARING TODAY - MOTION NEEDED TO APPROVE OR
NOT TO APPROVE))
NCCID # 587 - Motion to lay over 1 wk. to 5/24/05 and continue the Public
Hearing Carried 7-0
- 7 -
Duda & Duda, Inc., dba "Goldberg's II", 5008 Dodge Street, requests permission
for a Special Designated License for a beer garden during the College World
Series at the Timmer Building, 4030 South 13th Street, on June 16-21, 2005 from
11:00 a.m. to 1:00 a.m. - see attached.
`CCID # 588 - Approve 6-0-1 Pass Yeas: Sigerson, Thompson, Welch,
Brown, Kraft, Vokal Pass: Gernandt
,(4( Duda & Duda, Inc., dba "Goldberg's II", 5008 Dodge Street,
requests permission for a Special Designated License for a beer
garden during the College World Series at the Timmer Building,
4030 South 13th Street, on June 22-27, 2005 from 11:00 a.m. to
1:00 a..m. - see attached.
v CCID # 589 - Approve 6-0-1 Pass Yeas: Sigerson,
Thompson, Welch, Brown, Kraft, Vokal Pass: Gernandt
Slifr
Duda & Duda, Inc., dba "Goldberg's II", 5008 Dodge Street,
requests permission for a Special Designated License for a beer
garden during Royals Baseball at the Timmer Building, 4030 South
13th Street, on July 3, 2005 from 11:00 a.m. to 1:00 a.m. - see
attached. ((MOTION NEEDED TO APPROVE OR NOT TO
APPRO E))
•
CCID # 590 - Approve 6-0-1 Pass Yeas: Sigerson,
Thompson, Welch, Brown, Kraft, Vokal Pass: Gernandt
ORDINANCES ON SECOND READING
SO(
Ord. to accept the bid of Papillion Sanitation in the amount of $40,528.80 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 ending March 31, 2006, to authorize payment in accordance
therewith; to authorize the Purchasing Agent to issue a purchase order; and to
provide n effective date - see attached. ((PUBLIC HEARING TODAY))
CCID # 555 - Over to 5/24/05
- 8 -
0/
Ord. approving the attached Lease between the City of Omaha and North
Omaha Love's Jazz, Cultural Arts and Humanities Complex, Inc., a Nebraska
nonprofit corporation, for approximately 7,000 square feet of leased space
located at 2506 and 2510 North 24th Street, Omaha, Nebraska, for the North
Omaha Jazz and Cultural Arts Museum for $1.00 for the time period of May 1,
2005 through April 30, 2015, with options to extend the lease for two additional
terms of five (5) years. The project account is the FY 2005 Community
Development Block Grant, Fund 12186; and to provide the effective date hereof-
see attached. ((PUBLIC HEARING TODAY))
ZCID # 565 - Over to 5/24/
05
0 Ord. to temporarily waive the Omaha Municipal Code restrictions on the sale of
alcoholic liquor before noon on Sundays; to authorize sale of beer, wine, and
distilled spirits commencing at 10:00 a.m. on Sunday, June 19, 2005, and June
26, 2005, by the holders of special designated licenses for those dates; to
establish a procedure to receive such special designated licenses; to impose an
additional $25.00 per day occupation tax; and to provide an effective date
immediately upon passage - see attached. ((PUBLIC HEARING TODAY))
CCID # 564 - Over to 5/24/05
Ord. to amend Section 19-62 of the Omaha Municipal Code; to increase the
occupation tax upon retail liquor licenses to maintain consistency with
amendments in state law; to provide a formula for such tax to remain consistent
with any future amendments in state law; to repeal Section 19-62 as previously
existing; to repeal Section 19-257 as contrary to state law; and to provide an
effective date - see attached. ((PUBLIC HEARING TODAY))
CCID # 566 - Over to 5/24/05
INDEPENDENT PUBLIC SAFETY AUDITOR'S REPORT
Public Safety Auditor's Quarterly Report for quarter ending March 31, 2005 - see
attached. ((MOTION NEEDED TO RECEIVE AND PLACE ON FILE))CID # 618 - Motion to receive and place on file Carried
ed6-
0
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SPECIAL USE PERMIT - BROADCAST TOWER
. Res. that the Special Use Permit application submitted by U.S.C.O.C. (U.S.
Cellular, Inc.) for permission to allow a Broadcast Tower in a LI-Limited Industrial
District with a waiver of Section 55-488, Height, to allow a 105' tall monopole,
located at 10559 Burt Circle, 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
5/3/05 for publication and Public Hearing - had publication - see attached.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
t6es. # 562 - Adopt 6-0
Planning Board and Planning Department recommend approval of
the request of U.S.C.O.0 for a Special Use Permit to allow a
Broadcast Tower in an LI District with a waiver of Section 55-488,
Height, to allow a 105' tall monopole on property located at 10559
Burt Circleir - over from 5/3/05 - see attached.
%/ # 562 - From Chair on File
"PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD MAY 31, 2005,
AGENDA ITEM NO. 30 SHALL BE LAID OVER
THREE WEEKS TO JUNE 7, 2005
FOR PUBLICATION AND PUBLIC HEARING"
SPECIAL USE PERMIT - GENERAL OFFICE
Res. that the Special Use Permit application submitted by Allen Trust for
permission to allow General Office in the GI-General Industrial District, located at
3626 South 149th 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 Special Use
Permit has been reviewed and evaluated pursuant to, and meets each of, the
criteria se orth in Section 55-885 of the Omaha Municipal Code - see attached.
CCID # 613 - Over 3 wks. to 6/7/05 for publication and Public Hearing
pursuant to City Council Rule VII H
- 10 -
)/
Planning Board and Planning Department recommend approval of
the request of Allen Trust for a Special Use Permit to allow a
General Office in a GI District on property located at 3626 South
149th Str et - see attached.
# 613 - Over to 6/7/05
* * * * * * * * * * * * * * * *
RESOLUTIONS
Res. that the reappointment by the City Council of Brad Ashford to be a member
of the MECA's Board of Directors to serve a term commencing on May 9, 2005,
and running through May 9, 2010, is hereby confirmed - over from 3/29/05 - see
attached. ((PUBLIC HEARING HELD 2/1/05 - CAN BE ADOPTED TODAY))
/Res. # 151 - Adopt 6-0
/ Res. that the attached modification to the Grant Agreement (Five Year Plan)
between the City of Omaha and the State of Nebraska/Department of Labor to
provide Incentive Funds for WIA performance outcomes in the amount of
$22,346 (Twenty-Two Thousand Three Hundred Forty-Six Dollars) for Program
Year 2004 (July 1, 2004 through June 30, 2005) as recommended by the Mayor,
is hereby approved - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
✓ Res. # 592 - Adopt 6-0
rRes. that, pending approval of State and Local Plans, the attached Title I
Dislocated Worker Program allocation in the amount of $1,286,277 (One Million
Two Hundred Eighty-Six Thousand Two Hundred Seventy-Seven Dollars) for
inclusion in the Grant Agreement (Two Year Plan) between the City of Omaha
and the State of Nebraska/Department of Labor for Program Year 2005 (July 1,
2005 through June 30, 2006) to serve 457 Dislocated Workers as recommended
by the Mayor, is hereby approved - see attached. ((PUBLIC HEARING TODAY -
CAN BE DOPTED TODAY))
Res. # 593 - Adopt 6-0
- 11 -
. Res. that, pending approval of State and Local Plans, the attached Title I Adult
Program allocation in the amount of $1,360,467 (One Million Three Hundred
Sixty Thousand Four Hundred Sixty-Seven Dollars) for inclusion in the Grant
Agreement (Two Year Plan) between the City of Omaha and the State of
Nebraska/Department of Labor for-Program Year 2005 (July 1, 2005 through
June 30, 2006) to serve 368 adults as recommended by the Mayor, is hereby
approved - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED
TODAY))
/es. # 594 - Adopt 6-0
Res. that, pending approval of State and Local Plans, the attached Title I Youth
Program allocation in the amount of $1,691,654 (One Million Six Hundred Ninety
One Thousand Six Hundred Fifty-Four Dollars) for inclusion in the Grant
Agreement (Two Year Plan) between the City of Omaha and the State of
Nebraska/Department of Labor for Program Year 2005 (April 1, 2005 through
March 31, 2006) to serve 635 youth as recommended by the Mayor, is hereby
approved - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED
TODAY
CCID # 595 - Motion to lay over 1 wk. to 5/24/05 Carried 6-0
,6( Res. that Supplemental Agreement No. 2 to the Program Agreement between
the City of Omaha and the State of Nebraska Department of Roads providing for
the reconstruction of 144th Street from "Q" Street to Dayton Street to upgrade the
existing two-lane roadway to a four lane urban street, is hereby approved. That
the Finance Department is authorized to pay the City's estimated cost of
$745,760.00 from the year 2000 Street and Highway Bond Fund 13175,
Organization 116167 - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
�/ Res. # 596 - Adopt 6-0
Res. that the Interlocal Agreement between the City and Douglas County to
share the cost of improving 144th Street from "Q" Street to Dayton Street, is
hereby approved. That the Finance Department is authorized to pay the City's
portion of the local share, in the amount of $654,900 from the 2000 Street &
Highway Bond, Organization 116167, Fund 13175 - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
/ Res. # 599 - Adopt 6-0
- 12 -
J
. Res. that, as recommended by the Mayor, the contract with Hawkins
Construction Co. for SP 93-21, being 144th Street from "Q" Street to Dayton
Street reconstruction, in the amount of $3,863,300.66 is hereby approved; and
that the Finance Department is authorized to pay the cost of SP 93-21 from 2000
Street and Highway Bond Organization 116167, 2000 Street and Highway 2001
#1 Fund 13175, 2005 expenditures in the amount of $455,869.47 which is the
City's share of the project cost. Douglas County will be paying $316,790.66 of
the cost and the Nebraska Department of Roads will pay the remainder in the
amount of $3,090,648.53 - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
7 �es. # 597 - Adopt 6-0
Res. that the Public Works Department recommends that engineering agreement
with HDR Engineering, Inc. for final design of improvements to West Center
Road between 148th Street and US 275, be accepted; and further that the
Finance Department is authorized to pay the City's 20% share estimated to be
$111,426.00 from the 2000 Street & Highway Bond Fund 13175, Organization
116167 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED
TODAY))
Res. # 600 - Adopt 6-0
Res. that the Program Agreement with the Nebraska Department of Roads for
the reconstruction of the intersection of Northwest Radial Highway and
Fontenelle Boulevard/Military Avenue, is hereby approved; and that the Finance
Department is authorized to pay the City's estimated $81,402.00 share of the
cost from the Traffic Engineering Capital Account, Organization 116189, Street &
Highway Allocation, Fund 12131, year 2005 expenditure - see attached.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
% Res. # 602 - Adopt 6-0
'. Res. that, as recommended by the Mayor, the amended Agreement with CH2M
Hill, Inc. to perform additional engineering services with regard to assistance with
flow monitoring, hydraulic model calibration, and elements of the Long Term
Control Plan for the combined sewer system, be approved. That the Finance
Department is authorized to pay a total of $465,586.13 for this work, with
$257,722.00 coming from the 2001 Federal EPA appropriation and $210,864.13
coming from the Sewer Revenue Fund 21121, Combined Sewer Overflow and
Storm Water Organization 116714, year 2005 expenditure - see attached.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
✓Res. # 598 - Adopt 6-0
- 13 -
)2!.' Res. that the Agreement with Lamp, Rynearson & Associates, Inc. to provide
professional services for the preparation of an engineering study for separation of
sewers in the North Downtown/Creighton area, bounded by Cuming Street to I-
480 and 15th Street to the West Side of the North Freeway is hereby approved.
That the Finance Department is authorized to pay $29,900.00 from the Sanitary
Sewer Improvement Fund 21124, Sewer Separation Organization 116912 - see
attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 601 - Adopt 6-0
Res. that, as recommended by the Mayor, the contract with U.S. Asphalt Co., for
OPW 50731, being Surface Restoration from 30th Street to 36th Street from
Harrison Street to "Q" Street, in the amount of $662,801.13 is hereby approved;
and that the Finance Department is authorized to pay the cost of OPW 50731
from the Surface Restoration Organization 116162, City Street Maintenance
Fund 12129, 2005 expenditures - see attached. ((PUBLIC HEARING TODAY -
CAN BE ADOPTED TODAY))
4'es. # 603 - Adopt 6-0
Res. that, as recommended by the Mayor, the contract with All Purpose Utilities
for OPW 50746, being Meter Vault Enlargement and Watermain Bypass at the
Papillion Creek Wastewater Treatment Plant, in the amount of $39,654.00 is
hereby approved; and that the Finance Department is authorized to pay the cost
of OPW 50746 from the Papillion Creek Wastewater Treatment Plant Operations
Organization 116611, Sewer Revenue Fund 21121 , 2005 expenditures - see
attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
j4es. # 604 - Adopt 6-0
4 . Res. that, as recommended by the Mayor, the contract with Western
X
Waterproofing for OPW 50749, being 66th and Maple Streets Pedestrian Bridge
Rehabilitation, in the amount of $43,058.00 is hereby approved; and that the
Finance Department is authorized to pay the cost of OPW 50749 from the Bridge
Maintenance Rehabilitation Organization 116164, Street and Highway Allocation
Fund 12131, 2005 expenditures - see attached. ((PUBLIC HEARING TODAY -
CAN BE ADOPTED TODAY))
Res. # 605 - Adopt 6-0
- 14 -
4 . Res. that, as recommended by the Mayor, the contract with Barry Larson and
Son, Inc. for OPW 50757, being Omaha Police Headquarters Parking Level
C.M.U. Enclosures, in the amount of$94,500.00 is hereby approved; and that the
Finance Department is authorized to pay the cost of OPW 50757 from the Police
Department Fleet Facilities Organization 113141, 1998 Public Facility #1 (2001)
Bond Fund 13241, 2005 expenditures - see attached. ((PUBLIC HEARING
TODAY- CAN BE ADOPTED TODAY))
`.Res. # 606 - Adopt 6-0
Res. that, as recommended by the Mayor, the contract with Elkhorn Fence
Company for OPW 50767, being Omaha Public Safety Training Facility Fencing
and Gates, in the amount of $59,810.18 is hereby approved; and that the
Finance Department is authorized to pay the cost of OPW 50767 from the Fire
Department Capital Organization 114512, 1998 Training Facility Construction
Fund 13295, 2005 expenditures - see attached. ((PUBLIC HEARING TODAY -
CAN BEC ADOPTED TODAY))
✓Res. # 607 -Adopt 6-0
4.Res. that, as recommended by the Mayor, the contract with D. F. Lanoha
Landscape Nursery, Inc. for OPW 50768, being Omaha Public Safety Training
Facility Landscape Plantings, in the amount of $25,516.00 is hereby approved;
and that the Finance Department is authorized to pay the cost of OPW 50768
from the Fire Department Capital Organization 114512, 1998 Training Facility
Construction Fund 13295, 2005 expenditures - see attached. ((PUBLIC
HEARING/Res.
TODAY - CAN BE ADOPTED TODAY))
# 608 -Adopt 6-0
Res. that the Purchasing Agent be authorized to issue a Purchase Order to Mid-
Land Equipment Co. for the purchase of a tractor loader and backhoe in the
amount of $95,117.90; and that the Finance Department is authorized to pay the
cost from the Sewer Maintenance Organization 116511, Sewer Revenue Fund
21121, year 2005 expenditures - see attached. ((PUBLIC HEARING TODAY -
CAN BE ADOPTED TODAY))
s(es. # 610 - Adopt 6-0
27..---
Res. that the Purchasing Agent be authorized to issue a Purchase Order to
Omaha Standard Truck Equipment Co. for the purchase of a compartmentalized
sign body to be utilized by the Traffic Engineering Division in the amount of
$28,755.35; and that the Finance Department is authorized to pay the cost from
the Traffic Engineering Equipment Organization 116191, Street and Highway
Allocation Fund 12131, year 2005 expenditures - see attached. ((PUBLIC
HEARING DAY - CAN BE ADOPTED TODAY))
% Res. # 609 -Adopt 6-0
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1
. Res. that, as recommended by the Mayor, the bid in the total amount of
$96,833.00 from LawnSmith & Co., Inc., to furnish all labor, materials, and
equipment for the renovation of Norwick Park, 5010 Fort Street, Omaha,
Nebraska, to include a new playground, picnic shelter, new concrete walks,
seating and related site improvements, 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 2000 Parks & Recreation Bond Fund No. 13352,
Organization No. 131621, Recreation and Culture Bond, and Activity/Project No.
1497, Norwick Park Renovation - see attached. ((PUBLIC HEARING TODAY -
CAN BE ADOPTED TODAY))
jes. # 591 - Adopt 6-0
. Res. that the Purchasing Agent is authorized to issue a purchase order for the
services of Advanced Public Safety in the amount of $80,000.00, for software,
hardware, and maintenance to enhance and provide additional levels of safety
for the Omaha Police Department Mobile Data Computer project, providing a
unique and non-competitive service as provided in Chapter 5.16 of the Home
Rule Charter 1956, as amended, and the proposal is hereby accepted and the
same hereby approved. That the Finance Department of the City of Omaha is
authorized to pay the cost of the hardware, software, and maintenance from the
2003 Local Law Enforcement Block Grant, Fund 12148, Organization 130761 -
see atta hed. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 611 - Adopt 6-0
3. Res. that this Council does hereby approve the application for and approves the
acceptance of the grant award No. 2005 WS Q5 0050 from the Executive Office
of Weed and Seed, U.S. Department of Justice, Office of Justice Programs, in
the amount of $225,000.00 for the South Omaha Weed and Seed designated
area, to coordinate law enforcement, community policing activities, and bring
together neighborhood restoration to the targeted neighborhoods located L Street
to Harrison Street (North to South); and Railroad Avenue and 24th Street to 36th
Street (East to West) during the project period extending October 1, 2004 to
September 30, 2005 - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 612 - Adopt 6-0
Res. appointing Frank Brown 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 June 7, 2005 and
ending June 8, 2009, is hereby confirmed; and this Resolution as filed with the
City Clerk shall certify and be conclusive evidence to the due and proper
appoint ent of such Commissioner. ((SEE FOLDERS)) ((PUBLIC HEARING
TOD - CAN BE ADOPTED TODAY))
Res. # 621 -Adopt 6-0
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"PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD MAY 31, 2005,
THE THIRD READING AND PUBLIC HEARINGS
ON AGENDA ITEM NOS. 55 THROUGH 60
SHALL BE HELD ON JUNE 7, 2005"
ZONING ORDINANCES ON FIRST READING and Planning Board Attachments
040. Ord. to rezone property located at 1357 South 21st Street from GI-General
Industrial4ID
District to R5-Urban Family Residential District.
# 570 - Hearing 6/7/05
Planning Board and Planning Department recommend approval of
a request to rezone property located at 1357 South 21st Street from
GI to R5 - see attached.
X570 - Over to 6/7/05
0 Ord. to rezone property located at 2417 & 2421 "K" Street from GI-General
Industrial District to NBD-Neighborhood Business District.
'✓ CID # 573 - Hearing 6/7/05
) Planning Board and Planning Department recommend approval of
a request to rezone property located at 2417 & 2421 "K" Street from
GI to NBD - see attached.
1/# 573 - Over to 6/7/05
0 Ord. to rezone property located Northeast and Southeast of 30th and
Leavenworth Streets from R7-Medium-Density Multiple-Family Residential
District, R8-High-Density Multiple-Family Residential District and GC-General
Commercial/ District to R7-Medium-Density Multiple-Family Residential District.
�CCID # 574 - Hearing 6/7/05
ir-Planning Board and Planning Department recommend approval of
a request to rezone property located Northeast and Southeast of
30th and Leavenworth Streets from R7, R8 and GC to R7 - see
attached.
d # 574 - Over to 6/7/05
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Ord. to rescind a Planned Unit Development Overlay District for the property
located at 3606 McKinley Street; to rescind the Development Plan; and to
provide for an effective date - see attached.
✓ CID # 575 - Hearing 6/7/05
../(kfr Planning Board and Planning Department recommend approval of
the rescission of a Planned Unit Development (PUD) located at
3606/575
cKinley Street- see attached.
- Over to 6/7/05
O.' Ord. to rezone property located at 2023 Pierce Street from GI-General Industrial
District to R5-Urban Family Residential District.
‘ CID # 576 - Hearing 6/7/05
Planning Board and Planning Department recommend approval of
a request to rezone property located at 2023 Pierce Street from GI
to R5 see attached.
%.. -s 576 - Over to 6/7/05
etill, Ord. to rezone property located at 1610 Pinkney Street from GC-General
Commercial District to R5-Urban Family Residential District.
''CID # 577 - Hearing 6/7/05
// Planning Board and Planning Department recommend approval of
a request to rezone property located at 1610 Pinkney Street from
GC to R5 - see attached.
�# 577 - Over to 6/7/05
* * * * * * * * * * * * * * * *
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"PURSUANT TO CITY COUNCIL RULE VII C,
THE PUBLIC HEARINGS ON
AGENDA ITEM NOS. 61 THROUGH 66
SHALL BE HELD ON THE SECOND READING"
ORDINANCES ON FIRST READING
Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
.Sa.
necessary lands located at 10245 Wiesman Drive for the proposed Northwest
Precinct Station of the Police Department; providing that the City negotiate with
the owners of said property for purchase of the property; authorizing the
maximum expenditure of city funds in the amount of $1,480,000 for purchase of
the real estate; and, providing for the effective date hereof- see attached.
1/CCID # 614 - Hearing 5/24/05
Ord. transferring funds from unencumbered appropriation balances in the 2004
/q) '
General Fund Budget of the City of Omaha, in accordance with Section 5.10 of
the Home Rule Charter of the City of Omaha, 1956, as amended, 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 (YEAR-
END CLOSING) - see attached.
XCID # 616 - Hearing 5/24/05
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Ord. authorizing and approving the formation of City of Omaha Public Facilities
Corporation, a nonprofit corporation organized under the laws of the State of
Nebraska, for the purpose of assisting the City with the acquisition, construction,
improving, furnishing and equipping of various public buildings and facilities,
initially the Washington Branch Library, of the City of Omaha, Nebraska;
authorizing and approving separate Lease-Purchase Agreements between each
of the Public Facilities Corporation, the City of Omaha Parking Facilities
Corporation, the City of Omaha Northwest Library Facilities Corporation and the
City of Omaha Impound Facilities Corporation and the City of Omaha, Nebraska
to provide funds for the Lease-Purchase and the refinancing of the Lease-
Purchase of improvements and additions to the respective projects as described
therein, copies of which Agreements are attached hereto as Exhibit A and
incorporated herein by this reference; authorizing and approving separate site or
ground lease agreements between each respective corporations and the City for
the leasing of the respective project sites by the City to the Corporations, copies
of which leases are attached hereto as Exhibit B and incorporated herein by this
reference; approving separate Indentures of Trust between each respective
Corporation and First National Bank of Omaha, as Trustee, copies of which
Indentures are attached hereto as Exhibit C and incorporated herein by this
reference; approving the terms and conditions of the Corporations' Lease
Revenue Bonds and Lease Revenue Refunding Bonds, Series 2005 as set forth
in the Indentures and the issuance and delivery thereof; approving the form,
content and distribution of the Preliminary Composite Official Statement, a copy
of which Preliminary Composite Official Statement is attached hereto as Exhibit
D and incorporated herein by this reference; authorizing and approving the form
and content of a Letter Agreement constituting an undertaking by the City to
provide ongoing disclosure about the City for the benefit of the holders of the
Bonds, a copy of which Letter Agreement is attached hereto as Exhibit E and
incorporated herein by this reference; satisfying applicable Federal Income Tax
law requi ements and approving the effective date hereof. ((SEE FOLDERS))
CCID # 615 - Hearing 5/24/05
0 Ord. to amend Sections 15-22 and 15-42 and adopt a new Section 15-23 of the
Omaha Municipal Code; to require liquor license applicants to submit a written
description of the business to be operated with the license and a written
statement that employees will receive seller/server training; to provide that a
failure to operate consistent with the statements required by ordinance shall be
grounds for discipline against the license; to require a date of birth notification
sign be displayed at all times alcohol is sold or consumed on the premises; to
repeal Se,tions 15-22 and 15-42 as previously existing; and to provide an
effectiv date - see attached.
CCID # 619 - Hearing 5/24/05
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rs` Ord. to accept the bid of, and issue a purchase order to, Professional Grounds
Maintenance in the annual amount of $9,570.00, involving appropriations of more
than one year as provided in 5.17 of the Home Rule Charter, to provide grounds
maintenance services at various police facilities for the period of one year with
the option to extend for one year at the same bid price, with a maximum two one-
year extensions; to authorize the Finance Department to make payments from a
specified account to Professional Grounds Maintenance for the cost of grounds
maintenance services in accordance with the bid; and to provide an effective
date - see ttached.
CCID # 617 - Hearing 5/24/05
• Ord. to approve the agreement with Unique Management Services, Inc. to
provide delinquent account collection and materials recovery services for Omaha
Public Library for long overdue library materials, involving payments from
appropriations of more than one fiscal year in accordance with section 5.17 of the
Home Rule Charter, for a three-year period with options to renew for the fourth
and fifth year; to authorize the Finance Department to make payments to Unique
Management Services, Inc. for the cost of such services in accordance with such
agreemept; and to provide an effective date - see attached.
CCID # 580 - Hearing 5/24/05
* * * * * * * * * * * * * * * *
ADDITIONAL LIQUOR
er---
Rainbow Celebrations, 1105 Howard Street, Suite 2, requests permission for a
Special Designated License for an annual festival and parade at 15th Street
between Leavenworth Street and Jones Street on June 11, 2005 from 12:00
noon to 1:00 a.m. Music to end at 1:00 a.m. - see attached. ((MOTION NEEDED
TO APPROVE OR NOT TO APPROVE))
ID # 620 - Motion to lay over 1 wk. to 5/24/05 and continue the Public
Hearing Carried 7-0
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EXECUTIVE SESSION
68. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
ADJOURNED: 2:58 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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