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
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"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
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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
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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
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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
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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
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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
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(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
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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
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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
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