2005-12-13j •
"CORRECTED"
CITY COUNCIL AGENDA FOR DECEMBER 13, 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 # 1582 - Present: Vokal, Brown, Gernandt, Sigerson, Suttle,
Thompson, Mr. President
2. Pledge of Allegiance.
3. Invocation by Councilmember Jim Vokal of District No. 3.
CERTIFICATION OF PUBLICATION
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City
of Omaha on December 9, 2005, notice re: Pre-Council and Regular City
Council Meetings, December 13, 2005.
CCID # 1583 - 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.
COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING.
4.
MAYOR'S VETO MESSAGE
5. Mayor's Veto Message - see attached. ((MOTION NEEDED TO OVERRIDE THE
MAYOR'S VETO))
CCID # 1526 - Motion to override the Mayor's Veto
_ _ - Carried 5-2 Yeas: Vokal, Gernandt, Sigerson, Thompson,
Welch Nays: Brown, Suttle
(a) Res. that, at the request of Councilmember Jim Vokal, the
legislative package of the City of Omaha for the Second Session of
the Ninety-Ninth Legislature of the State of Nebraska shall include
support for legislation, if introduced by Senator Synowiecki,
substantially in the form of Exhibit "A" attached hereto, relating to
amendment of existing statutes to increase the penalty to a Class
IV felony for conviction of a third offense of prostitution - see
attached. ((Res. #1526 Adopted 11/29/05, 4-0-3 Pass))
(b) Communications and documents opposing the Mayor's veto of the
Resolution supporting legislation to increase the penalty for third
offense prostitution.
# 1526 - From Chair on File
(c) Communications in support of the Mayor's veto of the Resolution
supporting legislation to increase the penalty for third offense
prostitution.
# 1526 - From Chair on File
(d) Statement submitted by Councilmember Suttle re: Mayor's Veto of
the Resolution supporting legislation to increase the penalty for
third offense prostitution.
# 1526 - From Chair on File
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i
ZONING ORDINANCES ON FINAL READING and Planning Board Attachments
6. Ord. to rezone property located Southeast and Southwest of 46th and Dodge
Streets from GI-General Industrial District and CC-Community Commercial
District to GO-General Office District. ((PUBLIC HEARING TODAY - CAN BE
PASSED TODAY))
CCID # 1498 - ORDINANCE # 37231 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Southeast and Southwest of
46th and Dodge Streets from GI and CC to GO - see attached.
# 1498 - From Chair on File
7. Ord. to rezone property located at 4819 Douglas Street from R5(35)-Urban
Family Residential District to R4-Single Family Residential District (High Density).
((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
CCID # 1499 - ORDINANCE # 37232 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located at 4819 Douglas Street from
R5(35) to R4 - see attached.
# 1499 - From Chair on File
8. Ord. to rezone property located Northeast of 52nd and Lake Streets from R4(35)-
Single Family Residential District (High Density) to R4-Single Family Residential
District (High Density). ((PUBLIC HEARING TODAY - CAN BE PASSED
TODAY))
CCID # 1500 - ORDINANCE # 37233 PASSED 7-0
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9. Ord. to rezone property located. Northeast of 52nd and Lake Streets from
R4(35)-Single Family Residential District (High Density) to R5-Urban Family
Residential District. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
•
CCID # 1520 - ORDINANCE # 37234 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Northeast of 52nd and Lake
Streets from R4(35) to R4 and R5 - see attached.
# 1520 - From Chair on File
(b) Communication from Drew and Elisa Davies opposing the rezoning
of property located Northeast of 52nd and Lake Streets - see
attached.
# 1520 - From Chair on File
10. Res. that the preliminary plat entitled ADAMS PLACE located Northeast of 52nd
and Lake Streets, 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 11/29/05 for publication and Public Hearing - had publication -
see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1501 - Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of ADAMS PLACE located Northeast of 52nd
and Lake Streets - Inside City - over from 11/29/05 - see attached.
# 1501 - From Chair on File
11. Res. that the replat transmitted herewith entitled ADAMS PLACE, located
Northeast of 52nd and Lake Streets, is hereby approved, and concurrently a
portion of the existing plat entitled Cunninghams Subdivision, and described on
said replat, is hereby vacated - Inside City - over from 11/29/05 for publication
and Public Hearing - had publication - see attached. ((PUBLIC HEARING
TODAY - CAN BE ADOPTED TODAY))
Res. # 1502 - Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of ADAMS PLACE located Northeast of 52nd and
Lake Streets - Inside City - over from 11/29/05 - see attached.
# 1502 - From Chair on File
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ORDINANCE ON FINAL READING and Planning Attachment
12. Ord. to approve an amendment to the Land Use Element of the Master Plan for
the City of Omaha, to allow a Community (60) mixed-use center at 168th and
State Streets and a Neighborhood (30) mixed-use center at 180th and State
Streets; and to provide for the effective date hereof - see attached. ((PUBLIC
HEARING HELD 12/6/05 - CAN BE PASSED TODAY))
CCID # 1503 - ORDINANCE # 37235 PASSED 6-0
(a) Planning Board and Planning Department recommend approval of
an Amendment to the Master Plan to move the 60-acre mixed-use
center at 180th and State Streets to 168th and State Streets and the
30-acre mixed-use center at 168th and State Streets to 180th and
State Streets - over from 12/6/05 - see attached.
# 1503 - From Chair on File
13. Res. that the preliminary plat entitled MAJESTIC POINTE located Southwest of
168th 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 - over from 11/29/05 - see attached. ((PUBLIC HEARING TODAY -
CAN BE ADOPTED TODAY))
Res. # 1504 - Adopt 6-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of MAJESTIC POINTE located Southwest of
168th and State Streets - Outside City - over from 11/29/05 - see
attached.
# 1504 - From Chair on File
RESOLUTIONS RE: PRELIMINARY PLATS AND PLAT
14. Res. that the preliminary plat entitled GINGER CREEK, located Southeast of
165th Street and West Maple Road, 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. # 1587 - Adopt 7-0
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•
•
•
(a) Planning Board and Planning Department recommend approval of
" the Preliminary Plat of GINGER CREEK located Southeast of 165th
Street and West Maple Road - Outside City - see attached.
# 1587 - From Chair on File
15. Res. that the preliminary plat entitled SILVERLEAF ESTATES REPLAT ONE
located Southeast of 191st Street and Lafayette Avenue 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. # 1588 - Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of SILVERLEAF ESTATES REPLAT ONE
located Southeast of 191st Street and Lafayette Avenue - Outside
City - see attached.
# 1588 - From Chair on File
16. Res. that the replat transmitted herewith entitled SILVERLEAF ESTATES
REPLAT ONE, located Southeast of 191st Street and Lafayette Avenue, is
hereby approved, and concurrently a portion of the existing plat entitled Silverleaf
Estates, and described on said replat, is hereby vacated - Outside City - see
attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1589 - Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of SILVERLEAF ESTATES REPLAT ONE located
Southeast of 191st Street and Lafayette Avenue - Outside City - see
attached.
# 1589 - From Chair on File
17. Res. that the revised preliminary plat entitled FALLING WATERS (Lots 173-430
and Outlot "D") located Northwest of 192nd 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 - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1590 - Adopt 7-0
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(a) Planning Board and Planning Department recommend approval of •
the Revised Preliminary Plat of FALLING WATERS (Lots 173-430
and Outlot D) located Northwest of 192nd and Harrison Streets -
Outside City- see attached.
# 1590 - From Chair on File
18. Res. that the preliminary plat entitled KENSINGTON PARK, a portion of which is
a cluster subdivision, located Northwest of 204th and "Q" 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. # 1591 - Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of KENSINGTON PARK, a portion of which is a
cluster subdivision, located Northwest of 204th and "Q" Streets -
Outside City- see attached.
# 1591 - From Chair on File
PLAT AND DEDICATIONS
19. Plat and Dedication of a triangular 32 sq. ft. piece of land on the northeast corner
of 72nd Street and Redick Avenue - Inside City - over from 11/29/05 for
publication and Public Hearing - had publication - see attached. ((PUBLIC
HEARING TODAY - CAN BE APPROVED TODAY))
CCID # 1495 - Approve 7-0
(a) Communication from the Planning Director recommending approval
of the Plat and Dedication of a triangular 32 sq. ft. piece of land on
the northeast corner of 72nd Street and Redick Avenue - Inside City
- over from 11/29/05 - see attached.
# 1495 - From Chair on File
20. Plat and Dedication of an irregular 739.96 sq. ft. piece of land along A.V.
Sorensen Parkway east of 72" Street - Inside City - over from 11/29/05 for
publication and Public Hearing - had publication - see attached. ((PUBLIC
HEARING TODAY - CAN BE APPROVED TODAY))
CCID # 1496 - Approve 7-0
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(a) Communication from the Planning Director recommending approval
of the Plat and Dedication of an irregular 739.96 sq. ft. piece of land
along A.V. Sorensen Parkway east of 72nd Street - Inside City -
over from 11/29/05 - see attached.
# 1496 - From Chair on File
21. Plat and Dedication of a 0.27 acre strip of land located along the West side of
Military Road and the East side of 144th Street, South of the intersection of 144th
Street and Military Road - Outside City - see attached. ((PUBLIC HEARING
TODAY- CAN BE APPROVED TODAY))
CCID # 1592 - Approve 7-0
(a) Communication from the Planning Director recommending approval
of the Plat and Dedication of a 0.27 acre strip of land located along
the West side of Military Road and the East side of 144th Street,
South of the intersection of 144th Street and Military Road - Outside
City - see attached.
# 1592 - From Chair on File
LIQUOR
22. Absolutely Fresh Seafood Company, 1218 South 119th Street, requests
permission for an addition to their present Class "C" Liquor License of an area
approximately 22' x 55' to the north - see attached. ((PUBLIC HEARING TODAY
- MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
CCID # 1584 - Approve 7-0
23. Native Omahan Club, Inc., 3819 North 24th Street, requests permission to
appoint Hazel Kellogg manager of their present Class "C" Liquor License - see
attached. ((PUBLIC HEARING TODAY - MOTION NEEDED TO APPROVE OR
NOT TO APPROVE))
CCID # 1585_- Approve 7-0
24. ENN Leasing Company I LLC, dba "Residence Inn Omaha", 6900 Dodge Street,
requests permission to appoint Kyle Highberg manager of their present Class "I"
Liquor License - see attached. ((PUBLIC HEARING TODAY - MOTION NEEDED
TO APPROVE OR NOT TO APPROVE))
CCID # 1586 - Approve 7-0
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ORDINANCE ON FINAL READING and Planning Board Attachment •
25. Ord. vacating the North 23 feet of 51st Street, North of "I" Street in the City of
Omaha and providing the effective date hereof - see attached. ((PUBLIC
HEARING HELD 12/6/05 - CAN BE PASSED TODAY))
CCID # 1513 - ORDINANCE # 37236 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to vacate the North 23 feet of 51st Street, North of "I"
Street - see attached.
# 1513 - From Chair on File
ORDINANCES ON FINAL READING
26. Ord. to exercise the prior option to extend a purchase order with Big River
Trucking 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 Division to issue a purchase order to Big
River Trucking in the amount of$616,430.00 for transportation of sludge from the
Missouri River and Papillion Creek Wastewater Treatment Plants; to authorize
the reimbursements to be paid from a specific account; and to provide an
effective date hereof - see attached. ((PUBLIC HEARING HELD 12/6/05 - CAN
BE PASSED TODAY))
CCID # 1515 - ORDINANCE # 37237 PASSED 7-0
27. Ord. approving a Redevelopment and Tax Increment Financing Loan Agreement
with BM & J Holdings LLC, 1111 Fort Street for the construction of a 42,500
square foot replacement recycling facility consisting of office, processing and
warehousing capacity for Omaha Paper Stock Company at 1111 Fort Street -
see attached. ((PUBLIC HEARING HELD 12/6/05 - CAN BE PASSED TODAY))
CCID # 1516 - ORDINANCE # 37238 PASSED 7-0
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28. Ord. approving the execution of a Tax Increment Financing (TIF) Redevelopment
Agreement and Purchase Agreement with Mullen Holdings, LLC, a Nebraska
Limited Liability Company; authorizing approximately $321,730.00 in Tax
Increment Financing and the sale of real property located at the southeast corner
of North 24th and Clark Streets, legally described as North Omaha Business Park
Replat 2, Lot 1, an addition to the City of Omaha, as surveyed, platted and
recorded in Douglas County, Nebraska for the sum of $93,911.00 and other
valuable consideration; and to provide the effective date hereof. The proceeds of
the sale will be program income paid into the FY 2005 Community Development
Block Grant Program, Award 181, Project 1470 - see attached. ((PUBLIC
HEARING HELD 12/6/05 - CAN BE PASSED TODAY))
CCID # 1517 - ORDINANCE # 37239 PASSED 7-0
29. Ord. approving a Redevelopment and Tax Increment Financing loan agreement
with Shamrock Parking, LLC, 1299 Farnam Street, Suite 1200, Omaha, NE
68102 for the renovation of the Paxton Building located at 1403 Farnam Street
and conversion of the facility into residential and commercial condominiums
including the provision of parking and other street level commercial services on
abutting parcels - see attached. ((PUBLIC HEARING HELD 12/6/05 - CAN BE
PASSED TODAY))
CCID # 1518 - ORDINANCE # 37240 PASSED 7-0
30. Ord. to approve a License Agreement between the City of Omaha and Shamrock
Parking, LLC, a Nebraska Limited Liability Company for right-of-way at the
southwest corner of 14th and Farnam Streets for a term of 99 years; to allow for
the nonexclusive use of City property for an overhead pedestrian walkway, trash
elevator and awning over, above and across City property; and to provide an
effective date hereof - see attached. ((PUBLIC HEARING HELD 12/6/05 - CAN
BE PASSED TODAY))
CCID # 1546 - ORDINANCE # 37241 PASSED 7-0
31. Ord. to amend sections of the Omaha Municipal Code, Chapter 44, entitled
"Electricity"; to change the term "residential wireman" to "residential journeyman";
to restrict the uses of electrical licenses; to clarify provisions regarding renewal of
electrical licenses, re-examinations, home repairs, and wiring; to repeal sections
44-10, 44-39, 44-51, 44-52, 44-55, 44-61, 44-66, 44-67, 44-103, 44-106, 44-122,
and 44-171 as heretofore existing; and to provide the effective thereof - see
attached. ((PUBLIC HEARING HELD 12/6/05 - CAN BE PASSED TODAY))
CCID # 1508 - ORDINANCE # 37242 PASSED 7-0
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•
(a) Communication from John F. Bourne, Business Manager, IBEW
Local No. 22 in support of the proposed changes to Chapter 44 of
the Omaha Municipal Code entitled "Electricity" - over from 12/6/05
- see attached.
# 1508 - From Chair on File
32. Ord. to amend Sections 44-237 and 44-241 of the Omaha Municipal Code
dealing with lighting regulation; to provide an exception for flag pole lighting; to
revise regulations dealing with exterior light shielding; to repeal Sections 44-237
and 44-241 as heretofore existing; and to provide the effective date thereof - see
attached. ((PUBLIC HEARING HELD 12/6/05 - CAN BE PASSED TODAY))
CCID # 1509 - ORDINANCE # 37243 PASSED 7-0
33. Ord. to provide that the City Council of the City of Omaha be authorized to issue
and sell, from time to time, but no later than May 9, 2014 without further vote of
the electorate, General Obligation Bonds of the City of Omaha in an amount not
to exceed Fifty-Eight Million, Sixty-Six Thousand and No/100 Dollars
($58,066,000) for the purpose of providing funds for the payment of the cost of
constructing, reconstructing, widening, improving, extending and equipping
streets, expressway and freeway segments, interim expressway and freeway
facilities, boulevards, roads, and parking facilities serving public parks, bridges,
portions of and connections to Interstate Highway interchanges, or combinations
thereof, including necessary plans and specifications, and acquiring land and
rights-of-way and easements as may be required but excluding the cost of the
City construction equipment and payment of salaries to City employees; to
provide for the submission of this proposal to the qualified electors of the City of
Omaha for their approval or rejection at the Special City Election to be held on
May 9, 2006; and to provide the effective date hereof - see attached. ((PUBLIC
HEARING HELD 12/6/05 - CAN BE PASSED TODAY))
CCID # 1539 - ORDINANCE # 37244 PASSED 7-0
(a) Communication from Warren Weaver, City Council Chief of Staff,
re: Bond Authorizations - over from 12/6/05 - see attached.
# 1539 - From Chair on File
(b) Communication from David G. Brown, President and CEO, Greater
Omaha Chamber of Commerce, in support of the City Bond Issue
providing funds for the improvement and construction of streets.
# 1539 - From Chair on File
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•
•
34. Ord. to provide that the City Council of the City of Omaha be authorized to issue
and sell, from time to time, but no later than May 9, 2014 without further vote of
the electorate, General Obligation Bonds of the City of Omaha in an amount not
to exceed Sixteen Million Nine Hundred and Thirty Thousand and No/100 Dollars
($16,930,000) for the purpose of providing funds for the payment of the cost of
various park and recreation improvement projects, including necessary plans and
specifications, but excluding the cost of City construction equipment and
payment of salaries to City employees; and to provide for the submission of this
proposal to the qualified electors of the City of Omaha for their approval or
rejection at the Special City Election to be held on May 9, 2006; and to provide
the effective date hereof - see attached. ((PUBLIC HEARING HELD 12/6/05 -
CAN BE PASSED TODAY))
CCID # 1540 - ORDINANCE # 37245 PASSED 7-0
35. Ord. to provide that the City Council of the City of Omaha be authorized to issue
and sell, from time to time, but no later than May 9, 2014 without further vote of
the electorate, General Obligation Bonds of the City of Omaha in an amount not
to exceed Sixteen Million Five Hundred Forty Thousand and No/100 Dollars
($16,540,000) for the purpose of providing funds for the payment of the cost of
acquiring, constructing, improving, equipping and rehabilitating police buildings
and facilities, fire stations, branch libraries, park maintenance facilities,
auditorium support facilities, public works storage facilities and city wide building
renovations and replacements and other public facilities of the City of Omaha,
including necessary plans and specifications, and acquiring such land and
easements as may be required, but excluding the cost of City construction
equipment and payment of salaries to City employees; to provide for the
submission of this proposal to the qualified electors of the City of Omaha for their
approval or rejection at the Special City Election to be held on May 9, 2006; and
to provide the effective date hereof - see attached. ((PUBLIC HEARING HELD
12/6/05 - CAN BE PASSED TODAY))
CCID # 1541 - ORDINANCE # 37246 PASSED 7-0
•
36. Ord. to provide that the City Council of the City of Omaha be authorized to issue
and sell, from time to time, but no later than May 9, 2014 without further vote of
the electorate, General Obligation Bonds of the City of Omaha in an amount not
to exceed Seven Million Two Hundred Sixty Thousand and No/100 Dollars
($7,260,000) for the purpose of providing funds for the payment of the cost of
various capital expenditures of the City Fire Department, including fire vehicles
and equipment and necessary plans and specifications, but excluding the cost of
City construction equipment and payment of salaries to City employees; to
provide for the submission of this proposal to the qualified electors of the City of
Omaha for their approval or rejection at the Special City Election to be held on
May 9, 2006; and to provide the effective date hereof - see attached. ((PUBLIC
HEARING HELD 12/6/05 - CAN BE PASSED TODAY))
CCID # 1542 - ORDINANCE # 37247 PASSED 7-0
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•
37. Ord. to provide that the City Council of the City of Omaha be authorized to issue
and sell, from time to time, but no later than May 9, 2014 without further vote of
the electorate, General Obligation Bonds of the City of Omaha in an amount not
to exceed Four Million One Hundred and Fifty Thousand and No/100 Dollars
($4,150,000) for the purpose of providing funds for the payment of the cost of
constructing, reconstructing, improving, extending and equipping of storm
sewers, sanitary sewers, interceptor sewers, combined sewers, relief sewers, or
a combination thereof, and other related branch sewer main construction in the
City of Omaha, as required in the design and construction of sewer facilities,
including necessary plans and specifications, and acquiring such lands and
rights-of-way and easements as may be required, but excluding the cost of City
construction equipment and payment of salaries to City employees; and to
provide for the submission of this proposal to the qualified electors of the City of
Omaha for their approval or rejection at the Special City Election to be held on
May 9, 2006; and to provide the effective date hereof - see attached. ((PUBLIC
HEARING HELD 12/6/05 - CAN BE PASSED TODAY))
CCID # 1543 - ORDINANCE # 37248 PASSED 7-0
38. Ord. to approve the acceptance of a grant in the amount of $14,750.00, with a
100% required match, from the U.S. Department of Justice, Community Oriented
Policing Services, Grants Administration Division (GAD), (subgrantee Award
Number 2005CKWX0490), for Project Secure Our Schools, to provide funding for
training the Student Resource Officers (SROs) and educators to help them
recognize traits that identify at-risk youth and identify high-risk safety concerns to
ensure a safe and secure environment for students, staff and the community; 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,
providing for the effective date hereof - see attached. ((PUBLIC HEARING HELD
12/6/05 - CAN BE PASSED TODAY))
CCID # 1538 - ORDINANCE # 37249 PASSED 7-0
39. Ord. to establish pursuant to Section 40-251 of the Omaha Municipal Code a
new Class "B" Flammable Liquids Storage District, to be known as District No. B-
152, at ConAgra Foods, Inc., 5645 North 90th Street; and to provide the effective
date hereof - see attached. ((PUBLIC HEARING HELD 12/6/05 - CAN BE
PASSED TODAY))
CCID # 1510 - ORDINANCE # 37250 PASSED 7-0
40. Ord. to amend certain portions of Special Levy Ordinance No. 10054 levying an
assessment for the cost of constructing sidewalks in the year 2004 by repealing
the assessment on one parcel of property in the City of Omaha, Douglas County,
Nebraska, 5611 South 23rd Street; and providing for the effective date hereof -
see attached. ((PUBLIC HEARING HELD 12/6/05 - CAN BE PASSED TODAY))
CCID # 1535 - ORDINANCE # 37251 PASSED 7-0
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"PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARINGS ON
AGENDA ITEM NOS. 41 THROUGH 43
SHALL BE HELD ON THE THIRD READING"
ZONING ORDINANCES ON SECOND READING
41. Ord. to rezone property located at 4807, 4808, 4810, 4811, 4814, 4815, 4921
and 5147 Davenport Street; 4811, 4817, 4825, 4835 and 4913 California Street;
4808, 4818 and 5008 Chicago Street; 4625 Capitol Avenue; 4816 Douglas Street
and 4918 Cass Street from R5(35)-Urban Family Residential District, R7-Medium
Density Multiple Family Residential District and R8-High Density Multiple Family
Residential District to R4-Single Family Residential District (High Density).
CCID # 1571 - Over to 12/20/05
42. Ord. to rescind a PK-Parking Overlay District located at 4816 Douglas Street,
and to provide an effective date - see attached.
CCID # 1570 - Over to 12/20/05
ORDINANCES ON SECOND READING
43. Ord. to approve an amendment to the Land Use Element of the Master Plan for
the City of Omaha to change the mixed use area at State Street and Blair High
Road from a Community 165 to a Community 80 mixed use area and to
designate the area at the intersection of 1-680 and Blair High Road as a
Community 80 mixed use area with the mixed use area to be centered on the
intersection of the Blair High Road and Ida Street; and to provide for the effective
date hereof- see attached.
CCID # 1572 - Over to 12/20/05
* * * * * * * * * * * * * * * *
44. Ord. to approve an agreement with the College of St. Mary for construction
improvements to the stormwater drainage system in the vicinity of_72nd Street
from Hickory Street to West Center Road in the amount of $450,000.00; to
authorize 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;
and to provide the effective date hereof - see attached. ((PUBLIC HEARING
TODAY))
CCID # 1573 - Over to 12/20/05
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45. Ord. authorizing the Purchasing Agent to issue a purchase order to Polydyne,
Inc. for the purchase of approximately 140,000 pounds of sludge dewatering
polymer to be utilized by the Missouri River Wastewater Treatment Plant,
involving 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 to be paid from a specific account; and to provide
an effective date hereof- see attached. ((PUBLIC HEARING TODAY))
CCID # 1576 - Over to 12/20/05
46. Ord. to accept the bid of Pepsi Bottling Group, in the amount of $14,977.50, for
soft drink beverages to be sold at the N.P. Dodge Park Marina and five City-
operated golf concessions stands for a period of three years, and at the sole
discretion of the City may be extended for two (2) additional one (1) year
extensions at the same price, terms and conditions, with the successful
estimated low bidder; and to provide for an effective date hereof - see attached.
((PUBLIC HEARING TODAY))
CCID # 1574 - Over to 12/20/05
47. Ord. to authorize the acceptance of the bid from Jones Automotive, Inc.,
involving the payment of money from appropriations of more than one year in
accordance with Section 5.17 of the Home Rule Charter of the City of Omaha,
1956, as amended; to provide police cruiser video and digital camera system
service at an hourly rate against an open order account; and to provide the
effective date hereof- see attached. ((PUBLIC HEARING TODAY))
CCID # 1575 - Over to 12/20/05
SPECIAL USE PERMIT - CONVENIENCE STORAGE
48. Res. that the application submitted by Dave Paladino for a major amendment to
a Special Use Permit to allow Convenience Storage in a CC-Community
Commercial District, located at 11010 Emmet Street, Omaha, Nebraska, is
hereby approved and the Permits and Inspection Division is directed to issue the
necessary permit therefor, provided the conditions set out in Exhibit "A" of the
above referenced application, conditions_set out in Exhibit"B", and_all_applicable
local or state statutes, ordinances or regulations are complied with. That the
proposed major amendment has been reviewed and evaluated pursuant to, and
meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal
Code - over from 11/29/05 for publication and Public Hearing - had publication -
see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1497 - Adopt 7-0
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(a) Planning Board and Planning Department recommend approval of
the request of Dave Paladino for a Major Amendment to a Special
Use Permit to allow Convenience Storage in a CC District located
at 11010 Emmet Street - over from 11/29/05 - see attached.
# 1497 - From Chair on File
APPEALS RE: BID REJECTION
49. James B. McVay, attorney representing Rife Construction, Inc., appeals the
rejection of their bid of November 9, 2005 on "OPW 50896 - Omaha Police
Northwest Precinct, Remodel" - see attached. ((PUBLIC HEARING TODAY -
MOTION NEEDED TO ALLOW OR DENY THE APPEAL))
CCID # 1593 - Motion to DENY the appeal Carried 7-0
(a) Communication from Gail Kinsey Thompson, Director, Human
Rights and Relations Department re: Appeal of Bid Rejection by
Rife Construction.
# 1593 - From Chair on File
RESOLUTIONS
50. Res. that the City Council of the City of Omaha recommends to the Douglas
County Board of Commissioners the vacation of Rainwood Road from west right-
of-way line of 84th Street west 2,243± feet, pursuant to Exhibit "A", a copy of
which is attached hereto and made a part hereof by this reference, and the
conditions set out in Exhibit "B" attached hereto and made a part hereof by this
reference; further that the City Clerk is authorized to file a certified copy of this
Resolution in the Office of the County Clerk - see attached. ((MOTION NEEDED •
TO LAY OVER FOUR WEEKS TO 1/10/06 FOR NOTIFICATION AND PUBLIC
HEARING))
CCID # 285 - Motion to lay over 4 wks. to 1/10/06 for Notification and
Public Hearing Carried 6-0
(a) Planning Board and Planning Department recommend approval of
the vacation of Rainwood Road from west right-of-way line of 84th
Street west 2,243± feet - see attached.
# 285 - Over to 1/10/06
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51. Res. that Mike Fahey, Mayor of the City of Omaha, or any acting Mayor of the
City of Omaha, and Buster Brown, City Clerk of the City of Omaha, or any
Deputy City Clerk of the City of Omaha, be, and they are authorized and directed
to execute and attest, respectively, General Obligation Note No. 05-A of the City
of Omaha in the amount of Seven Hundred Forty-One Thousand Dollars
($741,000) payable to UMB Bank, N.A., Kansas City, Missouri; the General
Obligation Note to be issued December 23, 2005, and maturing December 22,
2006, with interest thereon at the rate of five and nine hundredths percent
(5.09%) per annum to temporarily finance the Special Assessment Fund of the
City of Omaha; further that, the General Obligation Note in the principal amount
of Seven Hundred Forty One Thousand Dollars ($741,000) and the interest
thereon be payable from the Special Assessment Fund Account - see attached.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1596 - Adopt 6-0
52. Res. that the bid of Larry Ferguson Studio, as recommended by the Mayor, for
image reproduction of 1,504 images in the amount of $27,072.00 be accepted;
further that the funds for this purchase will come from the Public Library
Contribution Fund 12114, $19,472.00 from Organization Number 123013 and
$7,600.00 from Organization Number 123021 - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1595 - Adopt 6-0
53. Res. that, as recommended by the Mayor, the bid in the total amount of
$54,500.00 from Anderson Ladd Co., to furnish all labor, materials, and
equipment for the installation of a wooden floor over an existing composite floor
at A. V. Sorensen Community Center, 4808 Cass Street, Omaha Nebraska, 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. 1714 - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 1603 - Adopt 6-0
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"PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETINGS BEING HELD
DECEMBER 27, 2005 AND JANUARY 3, 2006,
THE THIRD READING AND PUBLIC HEARINGS ON
AGENDA ITEM NOS. 54 THROUGH 57
SHALL BE HELD ON JANUARY 10, 2006"
ZONING ORDINANCES ON FIRST READING and Planning Board Attachments
54. Ord. to rezone property located at 1251 South 16th Street from GI-General
Industrial District to R5-Urban Family Residential District.
CCID # 1597 - Hearing 1/10/06 pursuant to City Council Rule VII H
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located at 1251 South 16th Street from
GI to R5 - see attached.
# 1597 - Over to 1/10/06
55. Ord. to rezone property located at 10370 Ellison Circle from GO-General Office
District to CC-Community Commercial District.
CCID # 1598 - Hearing 1/10/06 pursuant to City Council Rule VII H
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located at 10370 Ellison Circle from
GO to CC - see attached.
# 1598 - Over to 1/10/06
56. Ord. to rezone property located at 11105 Sahler Street from DR-Development
Reserve District to R3-Single-Family Residential District (Medium Density).
CCID # 1599 - Hearing 1/10/06 pursuant to City Council Rule VII H
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located at 11105 Sahler Street from
DR to R3 - see attached.
# 1599 - Over to 1/10/06
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57. Ord. to approve a Major Amendment to a Mixed Use Development Agreement for
property located Southwest of West Center Road and Oak Drive between the
City of Omaha and Legacy Development LLC, providing site development
standards; and to provide for an effective date - see attached.
CCID # 1604 - Hearing 1/10/06 pursuant to City Council Rule VII H
(a) Planning Board and Planning Department recommend approval of
a Major Amendment to a Mixed Use District Development
Agreement (Legacy) regarding signage for property located
Southwest of West Center Road and Oak Drive - see attached.
# 1604 - Over to 12/20/05
* * * * * * * * * * * * * * * *
"PURSUANT TO CITY COUNCIL RULE VII C
THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 58 THROUGH 60
SHALL BE HELD ON THE SECOND READING"
ORDINANCES ON FIRST READING
58. Ord. to amend Sections 22-23, 22-24, 22-25, 22-26, 22-28, 22-30, 22-32, 22-35,
22-36, 22-37, 22-39, 22-40, 22-43 and 22-44 of Chapter 22 of the Omaha
Municipal Code pertaining to the civilian employees retirement system and
Sections 23-438, 23-468 and 23-494 of Chapter 23 of the Omaha Municipal
Code pertaining to retirement benefits of certain employee classifications; to
change and add definitions; to specify membership conditions and procedures for
elected officials; to remove an outdated term; to revise a fund name and update
contribution provisions; to amend membership service credit provisions to
coincide with current practices; to update pension calculation provisions; to
amend disability retirement calculations to coincide with current practices; to
clarify the calculation of widow/er's and children's pensions and the conditions
triggering termination of children's pensions; to modify the time period for
payment of lump sum death benefits; to require refunds to be paid within two
years of ineligibility and to provide exceptions; to correct a section reference; to
provide authority for expenditure of pension monies for attendance of pension
administration support personnel at conventions or conferences; to clarify the
authority of the Board of Trustees to permit assignment pursuant to a court order
in a domestic relations case; to add a new section numbered 22- — to prove e
for adjustment of pension amounts due to overpayments and underpayments; to
delete language in Chapter 23 that has been incorporated into Chapter 22; and
to provide an effective date - see attached.
CCID # 1600 - Hearing 12/20/05
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59. Ord. to amend Section 23-17.7 of the Omaha Municipal Code concerning
employment classification entitled Payroll Analyst; to repeal Section 23-177 as
heretofore existing; and to provide the effective date hereof- see attached.
CCID # 1601 - Hearing 12/20/05
60. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning
employment classifications by amending the salary range of the employment
classification entitled Traffic Engineering Aide; to repeal Section 23-177 as
heretofore existing; and to provide the effective date hereof- see attached.
CCID # 1602 - Hearing 12/20/05
* * * * * * * * * * * * * * * *
EXECUTIVE SESSION
61. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
Adjourned: 4:28 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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•
SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR DECEMBER 13, 2005
LEGISLATIVE CHAMBERS - 2:00 P.M. - PREPARED DECEMBER 12, 2005 AT 1:00 P.M.
Agenda and Link to Agenda Items
Available at http:!/www.ci.omaha.ne.us
ADDITIONAL RESOLUTION
62. Res. that, at the request of Councilmember Vokal, the legislative package of the
City of Omaha for the Second Session of the Ninety Ninth Legislature of the
State of Nebraska shall include a proposal to introduce legislation to broaden the
authority of a city of the metropolitan class to remove vehicles used in offenses
relating to prostitution - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 1609 - Adopt 6-1 Yeas: Vokal, Gernandt, Sigerson, Suttle,
Thompson, Welch Nays: Brown
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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a