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1999-06-22j "CORRECTED" CITY COUNCIL AGENDA FOR JUNE 22, 1999 LEGISLATIVE CHAMBERS - 2:00 P.M. ROLL CALL 1. City Clerk calls the roll. Doc. # 1579 - Present: Anzaldo, Brown, Herd, Kraft, Mr. President Absent: Lo Absent Entire Meeting: Monahan Councilmember Lo enters the Legislative Chambers at 2:07 P.M. 2. Pledge of Allegiance. 3. Invocation by Councilmember Frank Brown of District.No. 2. CERTIFICATION OF PUBLICATION 4. City clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha on June 18, 1999, notice re: Pre-Council and Regular City Council Meetings, June 22, 1999. Doc. # 1580 - From Chair on File PRESENTATION 5. Presentation re: Food Bank Awards. Doc. # 1581 - On File 8. Ord. to approve a Major Development Overlay District (portions of which property lie within the floodplain), to approve the Development Plan, and to provide for an effective date; Northeast of 1-80 and Harrison Street - see attached. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) Doc. # 1584 - Motion to lay over one week to 6/29/99 and continue the Public Hearing Carried 6-0 . (a) Planning Board and Planning Department recommend approval of a Major Development Overlay District (portions of which property lie within the floodplain); Northeast of 1-80 and Harrison Street - see attached. # 1584 - Over to 6/29/99 9. Ord. to approve the Major Development Agreement for property located Northeast of 1-80 and Harrison Street (1-80 Business Park) between the City of Omaha and 1-80 Business Park, L.C., providing site development and use standards; and to provide for an effective date - see attached. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) Doc. # 1585 - Motion to lay over one week to 6/29/99 and continue the Public Hearing Carried 6-0 10. Res. that the plat entitled 1-80 BUSINESS PARK is hereby approved and accepted; Northeast of 1-80 and Harrison Street - Outside City over from 6/8/99 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Doc. # 1586 - Motion to lay over one week to 6/29/99 and continue the Public Hearing Carried 6-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of 1-80 BUSINESS PARK; Northeast of 1-80 and Harrison Street - over from 6/8/99 - see attached. # 1586 - Over to 6/29/99 11. Res. that the Subdivision Agreement between the City of Omaha, Sanitary and Improvement District 436 of Douglas County, Nebraska and 1-80 Business Park, LLC, as recommended by the Mayor, providing for the public improvements and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as 1-80 Business Park and is located Northeast of 1-80 and Harrison Street - over from 6/8/99 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Doc. # 1587 - Motion to lay over one week to 6/29/99 and continue the Public Hearing Carried 6-0 - 3 - • "PURSUANT TO CITY COUNCIL RULE VII H, DUE TO NO MEETING BEING HELD JULY 6, 1999, AGENDA ITEM NO. 15 SHALL BE LAID OVER • THREE WEEKS TO JULY 13, 1999" 15. Res. that the Subdivision Agreement between the City of Omaha, Sanitary and Improvement District 445 of Douglas County, Nebraska, Lake Cunningham Ridge, L.L.C., and the Lake Cunningham Ridge Homeowners Association, as recommended by the Mayor, providing for the public improvements and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Lake Cunningham Ridge and is located northwest of 78th Street and Lake Cunningham Road - see attached. Doc. # 1591 - Over 3 wks. to 7/13/99 pursuant to City Council Rule VII H PLAT AND DEDICATIONS 16. Plat and Dedication of: a) a 17.83 foot wide by 220± foot strip of land north of Frederick Street along the east right-of-way of 90th Street; b) a triangular shaped piece of land at the northeast corner of 90th and Frederick Streets; and c) an 8± foot by 320±foot strip of land south of West Center Road along the west right-of- way of 88th Street - Inside City - over from 6/8/99 for publication and Public Hearing - had publication. ((PUBLIC HEARING TODAY - CAN BE APPROVED TODAY)) Doc. # 1592 - Approved Carried 6-0 (a) Planning Board and Planning Department recommend approval of the Plat and Dedication of: a) a 17.83 foot wide by 220±foot strip of land north of Frederick Street along the east right-of-way of 90th Street; b) a triangular shaped piece of land at the northeast corner of 90th and Frederick Streets; and c) an 8± foot by 320± foot strip of land south of West Center Road along the west right-of-way of 88th Street - Inside City - over from 6/8/99 - see attached. # 1592 - From Chair on File - 5 - 20. Ord. to amend Section 22-42 of the Omaha Municipal Code to change the requirement in the City of Omaha Employees' Retirement System that actuarial studies be performed every two years to every three years; and to provide an effective date - see attached. ((PUBLIC HEARING HELD 6/15/99 - CAN BE PASSED TODAY)) Doc. # 1596 - ORDINANCE # 34926 PASSED Carried 6-0 21. Ord. approving Premier Travel as the travel service provider for the City of Omaha 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 Premier Travel to provide travel related services for three years; to authorize payments therefor from the various appropriate City departmental budgets; and to provide an effective date hereof - see attached. ((PUBLIC HEARING CONTINUED TO TODAY - CAN BE PASSED TODAY)) Doc. # 1597 - ORDINANCE # 34927 PASSED Carried 6-0 (a) Communication from William F. Meyers, Premier Travel, re: Ordinance approving Premier Travel as the travel service provider for the City of Omaha, etc. - over from 6/15/99 - see attached. # 1597 - From Chair on File (b) Communication from Rod Austin, Council Staff Assistant, re: Ordinance approving Premier Travel as the travel service provider for the City of Omaha, etc. - over from 6/15/99 - see attached. # 1597 - From Chair on File "PURSUANT TO CITY COUNCIL RULE VII D, • THE PUBLIC HEARINGS ON AGENDA ITEMS NO. 22 THROUGH 23 SHALL BE HELD ON THE THIRD READING" ZONING ORDINANCES ON SECOND READING 22. Ord. to rezone from R6-Low-Density Multiple Family Residential District and R7-Medium-Density Multiple Family Residential District to R4-Single Family Residential District (High-Density); Northwest of Hartman Avenue and Ville de Sante Drive. Doc. # 1598 - Hearing 6/29/99 23. Ord. to repeal a PUD Planned Unit Development Overlay District, and to provide for an effective date; Northwest of Hartman Avenue and Ville De Sante Drive. Doc. # 1599 - Hearing 6/29/99 - 7 - 27. Ord. to rename the Applewood Golf Course to the "Johnny Goodman Golf Course" in honor of Johnny Goodman; and to provide an effective date hereof - see attached. ((PUBLIC HEARING TODAY)) Doc. # 1603 - Over to 6/29/99 MAJOR AMENDMENT TO SPECIAL USE PERMIT - CUSTOM MANUFACTURING 28. Res. that the application for a major amendment to an existing Special Use Permit for Custom Manufacturing in a CC-Community Commercial District to allow modification of the site plan, located at 6727 North 56th 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, 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 6/8/99 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1604 - Adopt Carried 6-0 (a) Planning Board and Planning Department recommend approval of a major amendment to a Special Use Permit for Custom Manufacturing in a CC District located at 6727 North 56th Street, approved March 23, 1999, to allow modification of the site plan - over from 6/8/99 - see attached. # 1604 - From Chair on File SPECIAL USE PERMIT- PERSONAL SERVICES 29. Res. that the Special Use Permit application for permission to allow Personal Services in an R7-Medium-Density Multiple Family Residential District, located at 3501 State 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, 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 6/8/99 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1605 - Adopt Carried 6-0 CONTINUED TO NEXT PAGE - 9 - \ c RESOLUTIONS ((MOTIONS ON RESOLUTIONS UNLESS OTHERWISE SPECIFIED SHOULD BE TO (ADOPT) OR (NOT ADOPT) )) 31. Res. that the proposed contract between the City of Omaha and the Omaha Small Business Network, 2505 North 24th Street, Omaha, Nebraska 68110, is approved. The contract covers the period January 1, 1999, through December 31, 1999, and provides $591,587.22 of which $130,000.00 is to be used for administration and the continuation of services by OSBN, Inc. in North and South Omaha; $25,090.00 to provide technical support to SIVAD, dba "Bonding and Technical Services" in the Operation of the City of Omaha's Bonding and Technical Support Program; and $436,497.22 for the Revolving Loan Fund. Sources of contract funding are as follows: $300,000.00 from the 1999 CDBG Budget allocation, $91,587.22 of carry-over funding from 1998; and $200,000.00 in projected interest and principal repayments from revolving loans. The 1999 allocation is contingent on receiving authorization from H.U.D. These funds will be paid from the Community Development Block Grant Fund No. 193, Organization Number 8328, Economic Development - over from 6/8/99 - see attached. ((PUBLIC HEARING HELD 6/8/99 - CAN BE ADOPTED TODAY)) Doc. # 1607 - Motion to lay over 1 week to 6/29/99 and continue the Public Hearing (a) Amendment requested by Council President Brown - over from 6/8/99 - see attached. # 1607 - Over to 6/29/99 (b) Amendment requested by Councilmember Lo to Amendment "A". ((SEE FOLDERS)) # 1607 - Over to 6/29/99 32. Res. that, in accordance with the Lottery Operator's Agreement between the City of Omaha and Big Red Lottery Services, Ltd., as amended, Big Red Lottery Services is granted approval to operate a satellite keno location at Dave's Pub, 8805 Maple Street, in Omaha, Nebraska - see attached. Doc. # 1608 - Motion to lay over one week to 6/29/99 and continue the Public Hearing (a) Communication from Katrina Van Sickle, representing Big Red Lottery Services, Ltd., requesting that the keno application of Dave V, Inc., dba "Dave's Pub", 8803-05 Maple Street, be laid over for one week to 6/29/99. # 1608 - From Chair on File - 11 - L 38. Res. that the attached Agreement, as recommended by the Mayor, between the • City of Omaha and Legal Aid Society, a Nebraska Non-Profit Corporation, 500 South 18th Street, Omaha, Nebraska 68102, for Supportive Housing funding in the amount of $161,887.00 to be used to provide legal services to homeless persons, is hereby approved. Funds in the amount of $161,887.00 shall be paid from the Continuum of Care Supportive Housing Grant, Fund 190, Organization 8016 - see attached. Doc. # 1614 - Motion by Councilmember Lo to Adopt 2nd by Councilmember Anzaldo Councilmember Lo withdraws his motion Councilmember Anzaldo withdraws his 2nd Over to later in the meeting Res. # 1616 - Adopt Carried 6-0 39. Res. that, as recommended by the Mayor, the City of Omaha accepts a grant from the Nebraska Environmental Trust Fund for $513,000.00, to be used to provide the fill soil necessary to accommodate the park features within the ASARCO Public Use Area located at 500 Douglas Street, in accordance with the • Definitive Agreement between the City and ASARCO - see attached. Res. # 1615 - Adopt Carried 6-0 40. Res. that, as recommended by the Mayor, the bid in the total amount of $98,780.90 ($59,427.95 for each tractor-mower set, less trade-in amount of $20,075.00) from Bennington Implement for two (2) self-propelled hydraulically driven tractors and mowers, being the lowest and best bid received, within the bid specifications, attached hereto and made a part hereof, is hereby accepted, and the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the General Fund 001, Agency 120, with $80,000.00 coming from Organization 1216, Right of Way Maintenance and $18,780.90 from Organization 1214, Parks and Community Centers - see attached. Res. # 1617 - Adopt Carried 6-0 41. Res. that the Architectural/Engineering Agreement with RDG Schutte Wilscam Birge, Inc. for professional services necessary for the design and preparation of construction contract documents for the Tranquility Park Tennis Facility project is approved. Further, that the Finance Department is authorized to pay the cost of professional architectural and engineering services provided by RDG Schutte Wilscam Birge, Inc., in accord with the terms of this Agreement, from Park Bond 1996 Fund 357, Organization 1295, Agency 120 - see attached. Res. # 1618 - Adopt Carried 6-0 - 13 - 46. CLASS "C" - Kona Concepts LLC, dba "Café di Coppia", 120 Regency Parkway, Suite 100. New application, old location. Present licensee is S & A Concepts, Inc., dba "Café Di Coppia", 120 Regency Parkway, Suite 100 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Res. # 1625 - Grant Carried 6-0 47. CLASS "I" - Unit 12, Inc., dba "Banana Joe's", 1316 Jones Street. New application, new location. Property posted: 6/10/99. Notification sent: 6/15/99 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Res. # 1626 - Grant Carried 6-0 48. Hy Vee, Inc., dba "Drug Town", 8401 North 30th Street, requests permission to appoint Nicholas Steinbach manager of their present Package Liquor License - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 1627 - Approve Carried 6-0 49. Cutch, Inc., dba "The Exchange", 4524 Farnam Street, requests permission for a Special Designated License for food and beverage sales at 1316 Jones Street on July 1-3 from 11:00 A.M. to 1:00 A.M. and Sunday, July 4, 1999, from 12:00 o'clock noon to 1:00 A.M. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 1628 - Approve Carried 6-0 (a) Cutch, Inc., dba "The Exchange", 4524 Farnam Street, requests permission for a Special Designated License for food and beverage sales at 1316 Jones Street on July 8-9 from 11:00 A.M. to 1:00 A.M. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 1629 - Approve Carried 6-0 50. Cutch, Inc., dba "Bum Steer", 6440 "0" Street, Lincoln, Nebraska, requests permission for a Special Designated License for food and beverage sales at 1316 Jones Street on July 10, 1999 from 11:00 A.M. to 1:00 A.M. and Sunday, July 11, 1999, from 12:00 o'clock noon to 1:00 A.M. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 1630 - Approve Carried 6-0 CONTINUED TO NEXT PAGE - 15 - • (d) International Catering, Inc., 2440 South 141st Circle, requests permission for a Special Designated License for dinner, cocktails and a dance at the President's Room, Swanson Corporation, 3200 South 60th Street, on July 30, 1999, from 4:00 P.M. to 1:00 A.M. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 1636 - Approve Carried 6-0 52. International Catering, Inc., 2440 South 141st Circle, requests permission for a Special Designated License for dinner and cocktails at Durham Western Heritage Museum, 801 South 10th Street, on July 24, 1999, from 4:00 P.M. to 1:00 A.M. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 1637 - Approve Carried 6-0 53. Res. that the City of Omaha authorizes and consents to the possession and consumption of alcoholic liquor on the City-owned property at the Durham Western Heritage Museum, 801 South 10th Street, Omaha, Nebraska, as authorized by a Special Designated Liquor License issued to International Catering, Inc., for July 24, 1999, from 4:00 P.M. to 1:00 A.M. ((SEE FOLDERS)) ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1638 - Adopt Carried 6-0 54. International Catering, Inc., 2440 South 141st Circle, requests permission for a Special Designated License for bar and dinner at Durham Western Heritage Museum, 801 South 10th Street, on July 30, 1999, from 5:00 P.M. to 12:00 o'clock midnight - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 1639 - Approve Carried 6-0 55. Res. that the City of Omaha authorizes and consents to the possession and consumption of alcoholic liquor on the City-owned property at the Durham Western Heritage Museum, 801 South 10th Street, Omaha, Nebraska, as authorized by a Special Designated Liquor License issued to International Catering, Inc., for July 30, 1999, from 5:00 P.M. to 12:00 Midnight. ((SEE FOLDERS)) ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 1640 - Adopt Carried 6-0 - 17 - L 61. Omaha Young Republicans, 7518 Blondo Street, requests permission for a Special Designated License for the Z-92 Birthday Festival Concert at Levi Carter Park, 2nd Street and Carter Boulevard, on August 14, 1999, from 9:00 A.M. to 9:00 P.M. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 1646 - Motion to allow the applicant to withdraw Carried 6-0 (a) Communications from Jason W. Hayes, State Chairman of Nebraska Federation of Young Republicans and R. L. Kerrigan requesting withdrawal of their Special Designated License. # 1646 - From Chair on File 62. Res. that the City of Omaha authorizes and consents to the possession and consumption of beer on the City-owned property at Levi Carter Park identified in the Special Designated Liquor License issued to Omaha Young Republicans for an outdoor music festival on August 14, 1999 FROM 9:00 A.M. TO 9:00 P.M. ((SEE FOLDERS)) ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Doc. # 1647 - Motion to place on file Carried 6-0 63. St. Stanislaus Church, 4002 "J" Street, requests permission for a Special Designated License for a church carnival on Sunday, August 15, 1999, from 12:00 o'clock noon to 8:00 P.M. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 1648 - Approve Carried 6-0 "PURSUANT TO CITY COUNCIL RULE VII H, DUE TO NO MEETING BEING HELD JULY 6, 1999, THE THIRD READING AND PUBLIC HEARINGS ON AGENDA ITEMS NO. 64 THROUGH 66 SHALL BE HELD ON JULY 13, 1999" ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 64. Ord. to rezone from DR-Development Reserve District to DR-Development Reserve District; Northwest of 78th Street and Lake Cunningham Road. Doc. # 1649 - Hearing 7/13/99 - 19 ORDINANCES ON FIRST READING 68. Ord. providing for the sale of city-owned surplus real property; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the City is authorized to accept and receive the offer of Omaha Box Company, a Nebraska Corporation, 2501 North 21st Street East, Omaha, Nebraska 68110, to purchase.the real property described as Lots 24, 25 and 26, Block 9, Oliver Place, an addition to the City of Omaha, as surveyed, platted and recorded in Douglas County, Nebraska, commonly known as 2007 North 20th Street East, for the sum of $6,603; and to provide the effective date hereof - see attached. Doc. # 1653 - Hearing 6/29/99 69. Ord. to approve and authorize payment from the City of Omaha to IKON Office Solutions 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 for payment to IKON Office Solutions for a service agreement extended over a period of 60 months commencing at the end of a 60- day warranty period which began January 29, 1999, for one Ricoh AF350 Copier purchased for the Detention Unit of the Omaha Police Department of the City of Omaha; and to provide an effective date hereof - see attached. Doc. # 1654 - Hearing 6/29/99 70. Special Ord. levying a special tax assessment for demolition of condemned buildings or structures in accordance with Section 43-27(e) of the Omaha Municipal Code on certain lots in the City of Omaha (Group No. 1999-02) - see attached. Doc. # 1655 - Hearing 6/29/99 71. Ord. approving the First Amendment to Redevelopment Agreement between the City of Omaha and Capitol Avenue Real Estate Company to implement the Downtown Northeast Redevelopment Plan, which redefines the scope of the project and clarifies the specific responsibilities of all the participants in the World Herald Facilities Redevelopment Project. ((SEE FOLDERS)) Doc. # 1656 - Hearing 6/29/99 * * * * * * * * * * * * * * * - 21 -