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 -