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2005-11-08j x .. "CORRECTED" CITY COUNCIL AGENDA FOR NOVEMBER 8, 2005 LEGISLATIVE CHAMBERS - 2:00 P.M. Agenda and Link to Agenda Items Available at http://www.ci.omaha.ne.us ROLL CALL 1. City Clerk calls the roll. CCID # 1394 - Present: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Franklin T. Thompson of District No. 6. CERTIFICATION OF PUBLICATION 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha on November 4, 2005, notice re: Pre-Council and Regular City Council Meetings, November 8, 2005. CCID # 1395 - 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 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. COUNCILM EMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING. .. t ., ORDINANCE ON FINAL READING RE: BONDS 5. Ord. authorizing and directing an issue of General Obligation Bonds of the City of Omaha, Nebraska in the aggregate principal amount of not to exceed $42,800,000 to be termed for identification purposes "Various Purpose Bonds, Series of 2005"; authorizing the Finance Department to advertise for bids for said bonds, which bids are to be submitted via the Kirkpatrick Pettis Bond Auction Website ("KP Auction") and are to require that the winning bidder deposit bid security in the amount of $856,000 by wire transfer to the City not later than 5:00 p.m. Central Standard Time on the date of such auction to be retained as liquidated damages in event of nonperformance of such bid; directing the submission of a tabulation of the bids received for said bonds, together with a resolution awarding the sale of the bonds and fixing the interest rates thereon; directing the preparation of a transcript of proceedings authorizing the issuance, sale and delivery of said bonds; appointing a Paying Agent and Registrar; directing that said bonds shall initially be issued and registered in book-entry form; providing for continuing disclosure; and providing for the effective date thereof - see attached. ((PUBLIC HEARING HELD 11/1/05 - CAN BE PASSED TODAY)) CCID # 1339 - ORDINANCE # 37185 PASSED 7-0 ZONING ORDINANCE ON FINAL READING and Planning Board Attachment 6. Ord. to rezone property located at 5029 South 108`h Street from GO-General Office District and CC-Community Commercial District to CC-Community Commercial District. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) CCID # 1336 - ORDINANCE # 37186 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 5029 South 108th Street from GO and CC to CC - see attached. # 1336 - From Chair on File - 2 - ORDINANCE ON FINAL READING and Planning Board Attachment 7. Ord. to approve an amendment to the Land Use Element of the Master Plan for the City of Omaha, to amend the "Criteria for Determination for a Planned Community" and to allow Community (80) mixed use areas to extend to the half- mile along 204th Street; and to provide for an effective date hereof- see attached. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) CCID # 1337 - ORDINANCE # 37187 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of an amendment to the Land Use Element of the Master Plan to amend the "Criteria for Determination of a Planned Community" and to allow Community (80) mixed-use areas to extend to the half- mile along 204th Street - see attached. # 1337 - From Chair on File 8. Res. that the preliminary plat entitled COUNTY LINE MARKET located Northwest of 204th and Harrison 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 10/25/05 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1338 - Adopt 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of COUNTY LINE MARKET located Northwest of 204th and Harrison Streets - Outside City - over from 10/25/05 - see attached. # 1338 - From Chair on File - 3 - h RESOLUTIONS RE: PRELIMINARY PLATS, PLATS , SUBDIVISION AGREEMENTS AND VARIANCES 9. Res. that the preliminary plat entitled MCCANDLISH PLACE REPLAT TWO located Southwest of 23rd and Leavenworth Streets, with a waiver of 53-8(4)(a), Minimum Lot Depth, 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 10/25/05 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1331 - Adopt 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of MCCANDLISH PLACE REPLAT TWO located Southwest of 23rd and Leavenworth Streets - Inside City - over from 10/25/05 - see attached. # 1331 - From Chair on File 10. Res. that the preliminary plat entitled FORT DIVISION REPLAT located at 5646 North 90th Street, 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 10/25/05 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1332 - Adopt 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of FORT DIVISION REPLAT located at 5646 North 90th Street - Inside City - over from 10/25/05 - see attached. # 1332 - From Chair on File 11. Res. that the replat transmitted herewith entitled FORT DIVISION REPLAT, located at 5646 North 90th Street, is hereby approved, and concurrently a portion of the existing plat entitled Fort Division, and described on said replat, is hereby vacated - Inside City - over from 10/25/05 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1333 - Adopt 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of FORT DIVISION REPLAT located at 5646 North 90th Street - Inside City - over from 10/25/05 - see attached. # 1333 - From Chair on File -4 - 12. Res. that the request of Roanoke Development for a variance from the Land Use Element of the Master Plan to allow a mixed use development to extend beyond the '/4 mile for property located Southeast of 120th and Fort Streets as shown on Exhibit "A" attached hereto and made a part hereof by this reference is hereby approved - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1415 - Adopt 7-0 (a) Planning Board and Planning Department recommend approval of a variance to the Land Use Element of the Master Plan to allow a mixed use development to extend beyond the '/4 mile on property located Southeast of 120th and Fort Streets - see attached. # 1415 - From Chair on File 13. Res. that the request of Roanoke Development for a variance from the Land Use Element of the Master Plan to allow an increase of a maximum 20% in the size, up to 36 acres, of mixed use for property located Southeast of 120th and Fort Streets is hereby approved - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1416 - Adopt 7-0 (a) Planning Board and Planning Department recommend approval of a variance from the Land Use Element of the Master Plan to allow an increase of a maximum 20% in the size, up to 36 acres, of mixed use for property located Southeast of 120th and Fort Streets - see attached. # 1416 - From Chair on File 14. Res. that the preliminary plat entitled ROANOKE BUSINESS PARK located Southeast of 120th and Fort Streets 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 - over from 10/25/05 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1334 - Adopt 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of ROANOKE BUSINESS PARK located Southeast of 120th and Fort Streets - Inside City - over from 10/25/05 - see attached. # 1334 - From Chair on File - 5 - (b) Communication from Michael Schincke opposing the Preliminary Plat of Roanoke Business Park located Southeast of 120th and Fort Streets. # 1334 - From Chair on File "PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD NOVEMBER 22, 2005 AGENDA ITEM NOS. 15 THROUGH 18 SHALL BE LAID OVER THREE WEEKS TO NOVEMBER 29, 2005" 15. Res. that the replat transmitted herewith entitled THE RESIDENCES AT WEST DODGE STATION REPLAT 2 located Southwest of 185th and Indiana Streets, is hereby approved, and concurrently a portion of the existing plat entitled The Residences at West Dodge Station, and described on said replat, is hereby vacated - Outside City - see attached. CCID # 1418 - Over 3 wks. to 11/29/05 pursuant to City Council Rule VII H (a) Planning Board and Planning Department recommend approval of the Final Plat of THE RESIDENCES AT WEST DODGE STATION REPLAT 2 located Southwest of 185th and Indiana Streets - Outside City - see attached. # 1418 - Over to 11/29/05 16. Res. that the Subdivision Agreement Amendment among the City of Omaha, Dave Paik Builders, Inc., The Residences at West Dodge Station Homeowners Association and Sanitary and Improvement District 503 of Douglas County, Nebraska, as recommended by the Mayor, providing for the payment of additional interceptor sewer fees, is hereby approved. The Subdivision is to be known as The Residences at West Dodge Station Replat 2 Lots (1-22) and is located Southwest of 185th and Indiana Streets - see attached. CCID # 1419 - Over 3 wks. to 11/29/05 pursuant to City Council Rule VII H 17. Res. that the plat entitled ELK RIDGE, located Northwest of 192nd and Burt Streets is hereby approved and accepted - Outside City - see attached. CCID # 1422 - Over 3 wks. to 11/29/05 pursuant to City Council Rule VII H (a) Planning Board and Planning Department recommend approval of the Final Plat of ELK RIDGE, located Northwest of 192na and Burt Streets - Outside City - see attached. # 1422 - Over to 11/29/05 - 6 - 18. Res. that the Subdivision Agreement among the City of Omaha, Elk Ridge Office, LLC and Sanitary and Improvement District 521 of Douglas County, Nebraska, as recommended by the Mayor, providing for the public improvements, 1 administrative fee and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Elk Ridge (Lot 1 and Outlot 1) and is located Northwest of 192nd and Burt Streets - see attached. CCID # 1423 - Over 3 wks. to 11/29/05 pursuant to City Council Rule VII H * * * * * * * * * * * * * * * * LIQUOR 19. CLASS "C" - PI-Deli, LLC, dba "PI-Deli", 4611 South 96th Street. New application, new location. Property posted: 10/27/05. Notification sent: 10/28/05 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Res. # 1396 - Grant 7-0 20. CLASS "C" - R. T. Herre, Inc., dba "Figby's Restaurant & Lounge", 3346 North 108th Street. New application. Old location. Held a Class "C" Liquor License cancelled by order from Nebraska Liquor Control Commission - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) CCID # 1397 - Over to later in the meeting Res. #1397 - Grant 6-1 Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Welch Nay: Gernandt 21 . CATERING - M & J Enterprises, LLC, dba "Nebraska Beef Company", 4629 South 108th Street. New application, old location. Presently holds a Class "C "- Liquor License - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION - MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 1398 - Approve 7-0 22. Cuzins, Inc., dba "Beer City", 4147 "L" Street requests permission for an addition to their present Class "C" Liquor License of a beer garden approximately 15' x 25' to the south - see attached. ((PUBLIC HEARING TODAY - MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 1399 - Motion not to approve LOST for lack of a 2nd Approve 6-1 Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Welch Nay: Gernandt - 7 - w { y (a) Communications opposing the application of Cuzins, Inc., dba "Beer City", 4147 "L" Street for an addition to their present Class "C" Liquor License - see attached. # 1399 - From Chair on File (b) Document submitted by Ed Schafer opposing the request of Cuzins, Inc., dba "Beer City", 4147 "L" Street, for an addition to their present Class "C" Liquor License. # 1399 - From Chair on File 23. Elks BPO Omaha Lodge 39, 6410 South 96th Street, requests permission to appoint Raymond Tourek manager of their present Class "C" Liquor License - see attached. ((PUBLIC HEARING TODAY - MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 1400 - Approve 7-0 24. 1299 Farnam, LLC, dba "Cactus Café", 1299 Farnam Street, requests permission to appoint Francesco Andreaggi manager of their present Class "C" Liquor License - see attached. ((PUBLIC HEARING TODAY - MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 1401 - Approve 7-0 25. Kona Grill Omaha, Inc., dba "Kona Grill", 295 North 170th Street, requests permission to appoint Brad Van de Lune manager of their present Class "I" Liquor License - see attached. ((PUBLIC HEARING TODAY - MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 1402 - Approve 7-0 ORDINANCES ON FINAL READING 26. Special Ord. levying a special tax and assessment on certain lots and pieces of real estate in the City of Omaha, to cover the cost of constructing sidewalks in District No. SWR 2004-1 - see attached. ((PUBLIC HEARING HELD 11/1/05 - CAN BE PASSED TODAY)) CCID # 1340 - Ordinance read SPECIAL ORDINANCE # 10054 PASSED AS AMENDED 7-0 - 8 - (a) Amendment requested by the Public Works Department - see attached. # 1340 - Approve 7-0 (b) Communication from Anthony Collins, 7265 North 74th Street, opposing the special assessment for sidewalk repair at 4325 Camden Avenue - over from 11/1/05 - see attached. # 1340 - From Chair on File (c) Communication from Laura McCann opposing the special assessment for sidewalk repair at 12906 Shirley Street - over from 11/1/05 - see attached. # 1340 - From Chair on File (d) Communication from Sheila Maycock opposing the special assessment for sidewalk repair at 12638 "N" Street - over from 11/1/05 - see attached. # 1340 - From Chair on File (e) Communication from Robert G. Stubbe, Public Works Director, re: SWR 2004-1, Sidewalk Repair at Various Locations. # 1340 - From Chair on File "PURSUANT TO CITY COUNCIL VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 27 THROUGH 35 SHALL BE HELD ON THE THIRD READING" ZONING ORDINANCES ON SECOND READING 27. Ord. to rezone property located Northwest of 69th and "T" Streets from DR-Development Reserve District to CH-Highway Commercial Services District. CCID # 1371 - Over to 11/15/05 28. Ord. to rezone property located Northwest of 69th and "T" Streets from GI-General Industrial District to CH-Highway Commercial Services District. CCID # 1372 - Over to 11/15/05 - 9 - 29. Ord. to rezone property located Northwest of 69th and "T" Streets from CH-Highway Commercial Services District to CH-Highway Commercial Services District. CCID # 1373 - Over to 11/15/05 30. Ord. to rezone property located Northeast of 156th and Ida Streets from AG-Agricultural District to DR-Development Reserve District. CC I D # 1377 - Over to 11/15/05 31. Ord. to rezone property located Northeast of 156th and Ida Streets from AG-Agricultural District to MU-Mixed Use District. CCID # 1378 - Over to 11/15/05 32. Ord. to rezone property located Northwest of 192nd Street and West Center Road from AG-Agricultural District to DR-Development Reserve District. CCID # 1382 - Over to 11/15/05 33. Ord. to rezone property located Northwest of 192nd Street and West Center Road from AG-Agricultural District to MU-Mixed Use District. CCID # 1383 - Over to 11/15/05 ORDINANCES ON SECOND READING 34. Ord. to approve a Mixed Use Development Agreement for property located Northeast of 156th and Ida Streets between the City of Omaha and Graves Development Resources, providing site development standards; and to provide for an effective date - see attached. CCID # 1379 - Over to 11/15/05 35. Ord. to approve a Mixed Use Development Agreement between the City of Omaha and Western Springs Land Corporation providing site development standards for the property located Northwest of 192nd Street and West Center Road; and to provide for an effective date - see attached. CC I D # 1384 - Over to 11/15/05 * * * * * * * * * * * * * * * * - 10 - 36. Ord. authorizing the issuance of a purchase order to NAPA Auto Parts, for an open order agreement for purchase of automotive, truck and offroad equipment filters; to provide for payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for payments from a specific account; and to provide an effective date hereof-see attached. ((PUBLIC HEARING TODAY)) CCID # 1389 - Over to 11/15/05 37. 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 with The Nathan Partnership, 7514 North 86th Avenue, Omaha, Nebraska 68122, to convey the property located at 2407 North 16th Street (as shown on the attached map) and legally described as Lots 14, 15 and 16, Woods Place, an addition to the City of Omaha, as surveyed, platted and recorded, in Douglas County, Nebraska, for the sum of One Dollar ($1.00) and to provide the effective date hereof. The project account is the 2005 Community Development Block Grant Fund 12186, Organization 129126 - see attached. ((PUBLIC HEARING TODAY)) CCID # 1388 - Over to 11/15/05 38. Ord. to approve a Supplemental Easement Agreement with Lyman - Richey Corporation revising an Easement Agreement dated December 16, 2003 and granting an additional permanent easement and certain temporary easements as specified therein across City property located northwest of the intersection of 192nd Street and West Dodge Road; and to provide an effective date - see attached. ((PUBLIC HEARING TODAY)) CCID # 1390 - Over to 11/15/05 39. Ord. to amend Section 20-138 of the Omaha Municipal Code dealing with penalties connected to acts of prostitution; providing for minimum fines under certain circumstances in amounts of $300.00 and $500.00; repealing Section 20-138 as heretofore existing; and providing for the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) CCID # 1393 - Over to 11/15/05 (a) Communication from Jack Cheloha, City Lobbyist, re: Mandatory minimum penalties for prostitution. # 1393 - Over to 11/15/05 - 11 - 40. Ord. to amend sections 19-432,19-434, and 19-435 of the Omaha Municipal Code pertaining to membership on the Omaha Cable Television Advisory Committee; to reduce the membership to 7 members by eliminating the positions of at-large members; to reduce the number comprising a quorum and required to take action by the Committee; to repeal the sections as previously existing; and to provide an effective date - see attached. ((PUBLIC HEARING TODAY)) CCID # 1391 - Over to 11/15/05 (a) Communication from Rod Austin, Council Staff Assistant re: Membership on the Omaha Cable Television Advisory Committee - see attached. # 1391 - Over to 11/15/05 "PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD NOVEMBER 22, 2005, AGENDA ITEM NOS. 41 THROUGH 42 SHALL BE LAID OVER THREE WEEKS TO NOVEMBER 29, 2005 FOR PUBLICATION AND PUBLIC HEARING" SPECIAL USE PERMIT - SCRAP AND SALVAGE SERVICES 41. Res. that the application submitted by LKQ Midwest Auto Parts Corp. for a major amendment to a Special Use Permit to allow Scrap and Salvage Services in a GI-General Industrial District, located at 8901 Irvington Road, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division of the Planning Department 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. The proposed major amendment to a 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 - see attached. CCID # 1414 - Over 3 wks. to 11/29/05 for publication and Public Hearing pursuant to City Council Rule VII H (a) Planning Board and Planning Department recommend approval of the request of LKQ Midwest Auto Parts Corp. for a Major Amendment to a Special Use Permit to allow Scrap and Salvage Services in a GI District on the property located at 8901 Irvington Road - see attached. # 1414 - Over to 11/29/05 - 12 - SPECIAL USE PERMIT - DAY CARE (GENERAL) 42. Res. that the Special Use Permit application submitted by Robyn Carpenter and Heather Ray for permission to allow General Daycare in an R5(35)-Urban Family Residential District, located at 12823 Ogden 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 set forth in Section 55-885 of the Omaha Municipal Code - see attached. CCID # 1403 - Over 3 wks. to 11/29/05 for publication and Public Hearing pursuant to City Council Rule VII H (a) Planning Board and Planning Department recommend approval of the request of Robyn Carpenter and Heather Ray for a Special Use Permit to allow a General Daycare in an R5(35) District on property located at 12823 Ogden Street - see attached. # 1403 - Over to 11/29/05 * * * * * * * * * * * * * * * * RESOLUTIONS 43. Res. that the attached BOCA Development, LLC Redevelopment Plan prepared by the Omaha City Planning Department, containing a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, be and hereby is approved as the Redevelopment Plan for the BOCA Development LLC Redevelopment Area at 105 South 9th Street - over from 10/18/05 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1294 - Adopt 7-0 - 13 - • • • 44. Res. that the attached Omaha-Council Bluffs Consortium Consolidated Submission for Community Planning and Development Programs: 2006 Action Plan is hereby approved; and, that upon receipt from the U.S. Department of Housing and Urban Development, the Mayor is authorized to execute the Funding Approval/Agreements for the Fiscal Year 2006 Community Development Block Grant, HOME Investment Partnerships and Emergency Shelter Grant Programs - over from 10/18/05 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1295 - Adopt 7-0 45. Res. that the Program Agreement between the City of Omaha and the State of Nebraska Department of Roads providing for the reconstruction of 168th Street from West Center Road to "Q" 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 $2,240,000.00 subject to obtaining bond issue approval - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1404 - Adopt 7-0 46. Res. that the Agreement between the City of Omaha and Nebraska Methodist Hospital, as recommended by the Mayor, allowing for the installation of an underground communications cable in Cass Street west of 156th Street, is hereby approved - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1405 - Adopt 7-0 47. Res. that the Purchasing Agent be authorized to issue a Purchase Order to Rose Equipment Company for the purchase of a high-pressure sewer cleaner with an optional toolbox to be utilized by the Sewer Maintenance Division in the amount of $149,420.00; and that the Finance Department is authorized to pay this cost from the Sewer Maintenance Organization 116511, Sewer Revenue Fund 21121, year 2005 expenditures - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1406 - Adopt 7-0 - 14 - • 48. Res. that the Purchasing Agent be authorized to issue a Purchase Order to Omaha Truck Center for the purchase of a 60,000 GVW truck chassis & cab to be utilized by the Sewer Maintenance Division in the amount of $78,520.00; and that the Finance Department is authorized to pay this cost from the Sewer Maintenance Organization 116511, Sewer Revenue Fund 21121, year 2005 expenditures - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1424 - Adopt 7-0 49. Res. that, as recommended by the Mayor, the attached Agreement in the amount of $150,000.00 between the City of Omaha and the Omaha Small Business Network, Inc., a Nebraska Nonprofit Corporation, 2505 North 24th Street, Omaha, Nebraska 68110 for capital improvements to facilities and for operations of a small business program is hereby approved. Funds in the amount of $150,000.00 shall be payable from the FY 2005 Community Development Block Grant Program Fund Organization 129131 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1407 - Adopt 7-0 50. Res. that the appointment by the Mayor of Leo Costanzo to a three-year term as a contractor member of the Air Conditioning/Air Distribution Board, to serve commencing upon confirmation by the City Council and to expire three years thereafter, is hereby confirmed - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1430 - Adopt 7-0 51. Res. that the appointment by the Mayor of Ralph F. Nelson to a three year term as a mechanical engineer member of the Air Conditioning/Air Distribution Board, to serve commencing upon confirmation by the City Council and to expire three years thereafter, is hereby confirmed - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1431 - Adopt 7-0 52. Res. that the nomination and appointment by Councilmember Franklin Thompson of Marian Kaiser as an at-large member of the Civil Rights Hearing Board from Council District Six, to serve a three-year term commencing upon confirmation by the City Council and expiring three years thereafter, be and hereby is confirmed and approved - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1408 - Adopt 7-0 - 15 - "PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD NOVEMBER 22, 2005, THE THIRD READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 53 THROUGH 59 SHALL BE HELD ON NOVEMBER 29, 2005" ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 53. Ord. to rezone property located at 1411 South 16th Street from GI-General Industrial District to R5-Urban Family Residential District. CCID # 1409 - Hearing 11/29/05 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 1411 South 16th Street from GI to R5 - see attached. # 1409 - Over to 11/29/05 54. Ord. to rezone property located at 1710 William Street and 1224 South 17th Street from HI-Heavy Industrial District to R5-Urban Family Residential District. CCID # 1410 - Hearing 11/29/05 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 1710 William Street and 1224 South 17th Street from HI to R5 - see attached. # 1410 - Over to 11/29/05 55. Ord. to adopt a PK-Parking Overlay District in the R4(35)-Single Family Residential District (High Density) located Northwest of 17th and "Q" Streets to approve the Parking Plan, and to provide for an effective date - see attached. CCID # 1411 - Hearing 11/29/05 (a) Planning Board and Planning Department recommend approval of a request for a PK Parking Overlay District in the R4(35) District located Northwest of 17th and "Q" Streets - see attached. # 1411 - Over to 11/29/05 - 16 - • 56. Ord. to rezone property located at 8901 Irvington Road from CC-Community Commercial District and GI-General Industrial District to GI-General Industrial District. CCID # 1413 - Hearing 11/29/05 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 8901 Irvington Road from CC and GI to GI - see attached. # 1413 - Over to 11/29/05 57. Ord. to rezone property located Southwest of 185th and Indiana Streets from R4-Single Family Residential District (High Density) to R5-Urban Family Residential District. CCID # 1417 - Hearing 11/29/05 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southwest of 185th and Indiana Streets from R4 to R5 - see attached. # 1417 - Over to 11/29/05 58. Ord. to rezone property located Northwest of 192nd and Burt Streets from AG-Agricultural District to GO-General Office District. CCID # 1420 - Hearing 11/29/05 59. Ord. to rezone property located Northwest of 192nd and Burt Streets from AG-Agricultural District to DR-Development Reserve District. CCID # 1421 - Hearing 11/29/05 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Northwest of 192na and Burt Streets from AG to DR and GO - see attached. # 1421 - Over to 11/29/05 * * * * * * * * * * * * * * * * - 17 - ♦ • "PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 60 THROUGH 65 SHALL BE HELD ON THE SECOND READING" ORDINANCE ON FIRST READING and Planning Board Attachment 60. Ord. to designate Kohil's "Cris" Pharmacy at 5002 Dodge Street as a landmark pursuant to the Landmark Heritage Preservation Ordinance of the City of Omaha - see attached. CCID # 1412 - Motion to allow the owner to withdraw Carried 7-0 (a) Planning Board and Planning Department recommend approval of the request for local landmark designation for KohII's "Cris" Pharmacy located at 5002 Dodge Street - see attached. # 1412 - From Chair on File (b) Communication from Frank J. Mihulka, Attorney representing Marvin and Sandra KohII, requesting that the Ordinance designating KohII's "Cris" Pharmacy at 5002 Dodge Street as a landmark be withdrawn. # 1412 - From Chair on File ORDINANCES ON FIRST READING 61. Ord. authorizing the Purchasing Agent to issue a purchase order to Polydyne, Inc. for the purchase of approximately 175,000 pounds of sludge dewatering polymer to be utilized by the Papillion Creek Wastewater Treatment Plant, 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 reimbursements be paid from a specific account; and to provide an effective date hereof - see attached. CCID # 1425 - Hearing 11/15/05 - 18 - • 62. Ord. to amend Section 16-25 of the Omaha Municipal Code dealing with the fee schedule applicable to the registration of vehicles, to clarify certain terms therein by striking the expression "commercial" as it relates to certain trucks; to provide for clarifying the applicability of fees to limousines and recreational vehicles; and to provide for the effective date hereof- see attached. CCID # 1429 - Hearing 11/15/05 63. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning employment classifications by adding the employment classification entitled Human Resources Information System Administrator; to change the titles of various classifications in the Human Resources Department; to change the pay classifications for Human Resources Specialist and Human Resources Technician I; to repeal Section 23-177 as heretofore existing; and to provide the effective date hereof- see attached. CCID # 1426 - Hearing 11/15/05 64. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning employment classifications by adding the employment classification entitled Conference Sales Representative; to repeal Section 23-177 as heretofore existing; and to provide the effective date hereof - see attached. CCID # 1432 - Hearing 11/15/05 65. Ord. to amend Section 23-177 of the Omaha Municipal Code; to approve wage and benefit changes for the Administrative and Executive Classifications; to provide that any ordinances of the City of Omaha, and any rules and regulations promulgated thereunder, which are in conflict with this ordinance shall not be applicable to those employees in the employee group Administrative and Executive Classifications; and to provide the effective date hereof- see attached. CCID # 1427 - Hearing 11/15/05 66. Ord. to amend Sections 23-177; 23-178; 23-181; 23-184; 23-369; 23-514; 23-518; 23-520; 23-525; 23-536; 23-537 through 23-542 of the Omaha Municipal Code to reflect changes negotiated between the City of Omaha and the Omaha Police Managers Union for the years 2005, 2006, and 2007; and to provide the effective date hereof- see attached. CCID # 1428 - Hearing 11/15/05 - 19 - • EXECUTIVE SESSION 67. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. ADJOURNED 3:00 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. - 20 -