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2000-10-10j "CORRECTED" CITY COUNCIL AGENDA FOR OCTOBER 10, 2000 LEGISLATIVE CHAMBERS - 2:00 P.M. ROLL CALL 1. City Clerk calls the roll. Doc. # 2731 - Present: Herd, Koneck, Monahan, Sivick, Brown Absent Entire Meeting: Lo., Mr. President Doc. # 2.732 - Motion by Sivick to elect Councilmember Brown President Pro Tern 2nd by Koneck Carried 5-0 2. Pledge of Allegiance. 3. Invocation by Councilmember Robert Sivick of District No. 3. CERTIFICATION OF PUBLICATION 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha on October 6, 2000, notice re: Pre-Council and Regular City Council Meetings, October 10, 2000. Doc. # 2733 - From Chair on File "PURSUANT TO CITY COUNCIL RULE VII E, AGENDA ITEMS NO. 5 THROUGH 9 SHALL BE LAID OVER TWO WEEKS." RESOLUTIONS RE: PLATS AND SUBDIVISION AGREEMENTS 5. Res. that the plat entitled HILLSBOROUGH POINTE NO. 3, located West of 144th Street at Ames Avenue is hereby approved and accepted - see attached. Doc. # 2734 - Over 2 wks. to 10/24/00 pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of the Final Plat of HILLSBOROUGH POINTE NO. 3 located West of 144th Street at Ames Avenue - Outside City - see attached. # 2734 - Over to 10/24/00 (Continued from Previous Page) 6. Res. that the Subdivision Agreement among the City of Omaha, Sanitary and Improvement District 432 of Douglas County, Nebraska and Hillsborough Pointe, 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 Hillsborough Pointe No. 3 and is located West of 144th Street and Ames Avenue - see attached. Doc. # 2735 - Over 2 wks. to 10/24/00 pursuant to City Council Rule VII E 7. Res. that the plat entitled COYOTE RUN (Lots 1-328), located Southeast of 192nd and "Q" Streets, is hereby approved and accepted - Outside City - see attached. Doc. # 2736 - Over 2 wks. to 10/24/00 pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of the Final Plat of COYOTE RUN (Lots 1-328) located Southeast of 192nd and "Q" Streets - Outside City - see attached. # 2736 - Over to 10/24/00 8. Res. that the plat entitled COYOTE RUN (Lots 329-488), located Southeast of 192nd and "Q" Streets, is hereby approved and accepted - Outside City - see attached. Doc. # 2737 - Over 2 wks. to 10/24/00 pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of the Final Plat of COYOTE RUN (Lots 329-488) located Southeast of 192nd and "Q" Streets - Outside City - see attached. # 2737 - Over to 10/24/00 9. Res. that the Subdivision Agreement among the City of Omaha, Sanitary and Improvement District 456 of Douglas County, Nebraska, and Village Homes, LLC, as recommended by the Mayor, providing for the public improvements, park acquisition and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Coyote Run (Lots 1 through 488) and is located Southeast of 192nd and "Q" Streets - see attached. Doc. # 2738 - Over 2 wks. to 10/24/00 pursuant to City Council Rule VII E - 2 - .v a i .. PLAT AND DEDICATIONS "PURSUANT TO CITY COUNCIL RULE VII E, AGENDA ITEM NO. 10 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING" 10. Plat and Dedication of a 16 foot wide by 316 foot long strip of land along the south right-of-way line of Larimore Avenue west of 90th Street - Inside City. Doc. # 2739 - Over 2 wks. to 10/24/00 for publication and Public Hearing pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of the Plat and Dedication of a 16 foot wide by 316 foot long strip of land along the south right-of-way line of Larimore Avenue west of 90th Street - Inside City - see attached. # 2739 - Over to 10/24/00 * * * * * * * * * * * * * * * 11. .Plat and Dedication of a 6 foot wide by 35 foot long strip of land southeast of 144th and California Streets - Outside City. ((PUBLIC HEARING TODAY - CAN BE APPROVED TODAY)) Doc. # 2741 - Approve 5-0 (a) Planning Board and Planning Department recommend approval of the Plat and Dedication of a 6 foot wide by 35 foot long strip of land southeast of 144th and California Streets - Outside City - see attached. # 2741 - From Chair on File 12. Plat and Dedication of land located north of .Harrison Street and east of 156th Street - Outside City. ((PUBLIC HEARING TODAY - CAN BE APPROVED TODAY)) Doc. # 2742 - Approve 5-0 (a) Planning Board and Planning Department recommend approval of the Plat and Dedication of land located north of Harrison Street and east of 156th Street - Outside City - see attached. # 2742 - From Chair on File - 3 - -fry ORDINANCE ON FINAL READING and Planning Board Attachment 13. Ord. vacating an irregular portion of Boyd Street on the south from 90th Street East 194.65+ feet in the City of Omaha and providing the effective date hereof - see attached. ((PUBLIC HEARING HELD 10/3/00 - CAN BE PASSED TODAY)) Doc. # 2743 - ORDINANCE # 35354 PASSED 5-0 (a) Planning Board and Planning Department recommend approval of the vacation of an irregular segment of Boyd Street at the southeast corner of 90th and Boyd Streets - see attached. # 2743 - From Chair on File (b) Communication from Rod Austin, Council Staff Assistant, re: proposed ordinance vacating an irregular portion of Boyd Street at the southeast corner of 90th and Boyd Streets. # 2743 - From Chair on File ORDINANCES ON FINAL READING 14. Ord. in accordance with Section 5.10 of the Home Rule Charter of the City of Omaha, 1956, as amended, to transfer $150,000.00 in unencumbered appropriation balances in the General Fund, Contingency Reserve Fund, to the Public Works Street. Improvement Account in the 2001 Budget of the City of Omaha; and to fix the effective date hereof to be immediately upon passage in accordance with Section 2.12 of the Home Rule Charter of the City of Omaha, 1956, as amended - see attached. ((PUBLIC HEARING HELD 10/3/00 - CAN BE PASSED TODAY)) Doc. # 2744 - ORDINANCE # 35355 PASSED 5-0 15. Ord. to approve an interlocal agreement between the City of Omaha, Nebraska, the City of Council Bluffs, Iowa and the Papio-Missouri River Natural Resources District for the development, design, construction, funding, operation and maintenance of a trail crossing bridge over the Missouri River connecting the . cities of Omaha, Nebraska and Council Bluffs, Iowa; to authorize the Finance Director to make payments in conformance therewith; and to provide an effective date - see attached. ((PUBLIC HEARING HELD 10/3/00 - CAN BE PASSED TODAY)) Doc. # 2745 - ORDINANCE # 35356 PASSED 5-0 -. 4 - a t f 16. Ord. approving a contract with American Security Services for providing security - for the W. Dale Clark Library, South Branch Library, Swanson Branch Library and Washington Branch Library, 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 reimbursement to be paid from a specific account; and to provide an effective date hereof - see attached. ((PUBLIC HEARING HELD 10/3/00 - CAN BE PASSED TODAY)) Doc. # 2746 - ORDINANCE # 35357 PASSED 5-0 "PURSUANT TO CITY COUNCIL RULE'VII D, THE PUBLIC HEARING ON AGENDA ITEM NO. 17 SHALL BE HELD ON THE THIRD READING" ZONING ORDINANCE ON SECOND READING 17. Ord. to amend Section 55-783, "Height exceptions" of the Omaha Municipal Code; regarding antenna support structures; and to provide for the effective date hereof - see attached. Doc. # 2747 - Over to 10/17/00 (a) Communication from Sharon Arnold, Council Staff Assistant, re: proposed ordinance amending Section 55-783, "Height exceptions" concerning antenna support structures. # 2747 - Over to 10/17/00 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. ORDINANCE ON SECOND READING 18. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning employment classifications by creating the employment classification entitled Independent Police Auditor - see attached. ((PUBLIC HEARING TODAY)) Doc. # 2748 - Over to 10/17/00 - 5 - DOUGLAS COUNTY BOARD OF COMMISSIONERS 19. Douglas County Board of Commissioners transmits their resolution re: information systems - see attached. ((MOTION NEEDED TO RECEIVE AND PLACE ON FILE)) Doc. # 2749 - Motion to receive and place on file Carried 5-0 RESOLUTIONS ((MOTIONS ON RESOLUTIONS UNLESS OTHERWISE SPECIFIED SHOULD BE TO (ADOPT) OR(NOT ADOPT))) 20. Res. that the attached Amendment to the City of Omaha Fiscal Year 2000 Consolidated Submission for Community Planning and Development Program is hereby approved. ( 1) $5,000 to the Urban League of Nebraska to assist with the painting and repair of its administrative offices at 3024 North 24th Street.) - over from 10/3/00 - see attached. ((PUBLIC HEARING HELD 10/3/00 - CAN BE ADOPTED TODAY)) Res. # 2750 - Adopt 5-0 21. 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 Hattie Mae's Place, 5430 North 42nd•Street, in Omaha, Nebraska - see attached. Res. # 2751 - Adopt 5-0 22. 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 Twin's Place, 8512 North 30th Street, in Omaha, Nebraska - see attached. Res. # 2752 = Adopt 5-0 23. Res. to accept the Negotiator's Report of Mark E. Larson made in accordance with Necessity Ordinance No. 35011 declaring the necessity of acquiring certain property or interest in property for the purpose of widening Dodge Street, from 67th Street to 69th Street, known as S.P. 92-2A. Payment for the one negotiated parcel of land or interest in property acquired located at 6901 Dodge Street in the amount of $182,300.00 shall be paid from the Street and Highway Bond Organization 1509, 1996 Street and Highway Bond No. 2 (2000 funding), Agency 140, Fund 305 - see attached. Res. #2753 - Adopt 5-0 - 6 - • 24. Res. to accept the Negotiator's Report of Tom Lund made in accordance with Necessity Ordinance No. 35186 declaring the necessity of acquiring certain property or interest in property for the purpose of Reconstructing the 10th Street Viaduct, known as City Project 90-23. Payment for the one negotiated parcel of land or interest in property which address is 950 South 10th Street acquired in the amount of $165,700.00 shall be paid from the 1996 Street and Highway Bond, Fund No. 305, Agency 140, Organization 1509, Year 2000 Funding - see attached. Res. # 2754 - Adopt 5-0 25. Res. approving the Contract with WBE Company, Inc., as recommended by the Mayor, for RNC 5790A, being combined sewer renovation through Fontenelle Park Golf Course to be paid from the Sanitary Sewer Improvements Organization 1485, Fund 544, Agency 140, year 2000 Funding, in the amount of $265,742.43 - see attached. Res. # 2755 - Adopt 5-0 26. Res, that the attached Agreement, as recommended by the Mayor, between the City of Omaha and Catholic Charities for a protective custody program and facility is hereby approved. Funds in the amount of $42,000.00 will be paid in equal quarterly installments from the 2001 Omaha Keno/Lottery Fund 120, Agency 180, Organization 1810 - see attached. • Res. #2756 - Adopt 5-0 27. Res. that the bid of Voss Lighting for lamps, being the lowest and best bid received within bid specifications, which are incorporated herein by this reference, be accepted; and, that the Purchasing Agent be authorized to issue Purchase Orders for the lamp requirements; and, that the Finance Department be authorized to pay the cost of lamps purchased from the appropriate accounts - see attached. Res. #2757 - Adopt 5-0 • 28. Res. that the appointment of Mary Galligan Cornett to serve as a Commissioner of the Omaha Housing Authority in accordance with the terms and conditions of the laws of the State of Nebraska and the City of Omaha, for a term commencing on the date of confirmation by the City Council and expiring five years thereafter is hereby confirmed; and this Resolution as filed with the City Clerk shall certify and be conclusive evidence to the due and proper appointment of such Commissioner - see attached. Doc. # 2740 - Motion by Herd to Adopt LOST for lack of a second Motion to place on file Carried 4-0-1 Pass Yeas: Herd, Koneck, Monahan, Sivick Pass: Brown - 7 - LIQUOR 29. CLASS "C" - Terry L. Schmitt & Judy F. Schmitt, dba "Our Place", 2216 South 16th Street. New Application, old location. Present licensee is Trecek's, Inc., dba "Our Place", 2216 South 16th Street - over from 10/3/00 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Res. # 2758 - Motion to grant LOST 1-4 Yea: Monahan Nays: Herd, Koneck, Sivick, Brown Motion to DENY Carried 4-1 Yeas: Herd, Koneck, Sivick, Brown Nay: Monahan 30. CLASS "C" - Sandra L. Hirniak, dba "Sandy's Hide Away", 5423 South 36th Street. New application, old location. Present licensee is Alexander A. George, dba "Heiney's", 5423 South 36th Street - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Res. # 2759 - Grant 5-0 31. CLASS "I" - GBNS, Inc., dba "Delta House", 3121 North 108th Street. New application, new location. Property posted: 9/26/00. Notified: 10/2/00 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Doc. # 2760 - Motion to suspend City Council Liquor Rules Carried 5-0 Res. # 2761 - Grant 5-0 32. OFF SALE BEER - Cig & Snack Outlet, Inc., 6818 South 13th Street. New application, new location. Property posted: 9/26/00. Notified: 10/2/00 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Res. # 2762 -Grant 5-0 Doc. # 2763 - Motion to reinstate City Council Liquor Rules Carried 5-0 33. Players, Inc., dba "Players Bar & Grill", 8552 Park Drive, requests permission to appoint Randall R. Charf manager of their present Class "C" Liquor License - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 2764 - Approve 4-0-1 Pass Yeas: Herd, Koneck, Monahan, Brown Pass: Sivick - 8 _ • . 34. St. Mary's Church, 3529 "Q" Street, requests permission for a Special Designated License for a parish dinner and bazaar at 5301 South 36th Street on November 5, 2000 from 12:0Q noon to 6:00 p.m. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 2765 - Approve 5-0 35. Sodexho Marriott, 2400 Cass Street, requests permission for a Special Designated License for a reception at the Criss Building, Creighton University, • 2500 California Plaza, on November 7, 2000 from 4:00 p.m. to 8:00 p.m. - see attached. Doc. # 2766 - Approve 5-0 (a) Sodexho Marriott, 2400 Cass Street, requests permission for a Special Designated License for a reception at the Old Gym, Creighton University, 2500 California Plaza, on November 11, 2000 from 5:00 p.m. to 12:00 midnight - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 2767 - Approve 5-0 "PURSUANT TO CITY COUNCIL RULE VII 0, THE PUBLIC HEARINGS ON AGENDA ITEMS NO. 36 THROUGH 45 SHALL BE HELD ON THE THIRD READING" ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 36. Ord. to rezone property located at 2730, 2902, 2906, 2910, 2911, 2918 and 2922 South 26th Street and 2507, 2509, 2522 and 2524 Elm Street from GI-General Industrial District to R4-Single Family Residential District (High Density). Doc. # 2768 - Hearing 10/24/00 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 2730, 2902, 2906, 2910, 2911, 2918 and 2922 South 26th Street and 2507, 2509, 2522 and 2524 Elm Street from GI to R4 - see attached. # 2768 - Over to 10/24/00 - 9 - • . 37. Ord. to rezone property located at 2913 South 26th Street from GI-General Industrial District to R4-Single Family Residential District (High-Density). Doc. # 2769 - Hearing 10/24/00 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 2913 South 26th Street from GI to R4 - see attached. # 2769 - Over to 10/24/00 38. Ord. to rezone property located at 2917 South 26th Street from GI-General Industrial District to R4-Single Family Residential District (High-Density). Doc. # 2770 - Hearing 10/24/00 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 2917 South 26th Street from GI to R4 - see attached. # 2770 - Over to 10/24/00 39. Ord. to rezone property located at 5414 South 36th Street from R4(35)-Single Family Residential District (High-Density) and GC-General Commercial District to GC-General Commercial District. Doc. # 2771 - Hearing 10/24/00 (a) Planning Board recommends approval of a request to rezone property located at 5414 South 36th Street from R4(35) and GC to GC - see attached. # 2771 - Over to 10/24/00 (b) Planning Department recommends DENIAL of a request to rezone property located at 5414 South 36th Street from R4(35) and GC to GC - see attached. # 2771 - Over to 10/24/00 40. Ord. to rezone property located at 4040 North 108th Street from DR-Development Reserve District to R4-Single Family Residential District (High-Density). Doc. # 2772 - Hearing 10/24/00 (Continued to Next Page) - 10 - • (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 4040 North 108th Street from DR to R4 - see attached. # 2772 - Over to 10/24/00 41. Ord. to rezone property located at 10920-22 Marcy Plaza from R4-Single Family Residential District (High-Density) and R5-Urban Family Residential District to R5-Urban Family Residential District (portions of which property lie within the floodplain). Doc. # 2773 - Hearing 10/24/00 (a) Planning Board and. Planning Department recommend approval of a request to rezone property located at 10920-22 Marcy Plaza from R4 and R5 to R5 (portions of which property lie within the floodplain) - see attached. # 2773 - Over to 10/24/00 42. Ord. to rezone property located West of 144th Street at Ames Avenue from AG-Agricultural District to R6-Low-Density Multiple Family Residential District. Doc. # 2774 - Hearing 10/24/00 (a) Planning Board and Planning Department recommend approval of a request to rezone property located West of 144th Street at Ames Avenue from AG to R6 - see attached. # 2774 - Over to 10/24/00 43. Ord. to rezone property located Southeast of 192nd and "Q" Streets from AG-Agricultural District to DR-Development Reserve District. Doc. # 2775 - Hearing 10/24/00 44. Ord. to rezone property located Southeast of 192nd and "Q" Streets from AG-Agricultural District to R4-Single Family Residential District (High-Density). Doc. # 2776 - Hearing 10/24/00 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southeast of 192nd and "Q" Streets from AG to DR and R4 - see attached. # 2776 - Over to 10/24/00 (CONTINUED TO NEXT PAGE) - 11 - ... w • 45. Ord. to rezone property located Southeast of 192nd and "Q" Streets, from AG-Agricultural District to R4-Single Family Residential District (High-Density). Doc. # 2777 - Hearing 10/24/00 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southeast of 192nd and "Q" • Streets from AG to R4 - see attached. # 2777 - Over to 10/24/00 * * * * * * * * * * * * * * * EXECUTIVE SESSION 46. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. Adjourn: 2:18 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. Web Site: www.ci.omaha.ne.us - 12 -