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2000-12-05j.j r "CORRECTED" CITY COUNCIL AGENDA FOR DECEMBER 5, 2000 LEGISLATIVE CHAMBERS -2:00 P.M. ROLL CALL 1. City Clerk calls the roll. • Doc. # 3117 - Present: Monahan, Sivick, Brown, Herd Absent: Koneck Absent Entire Meeting: Lo, Kraft Councilmember Koneck enters the Legislative Chambers at 2:05 P.M. 2. Pledge of Allegiance. 3. Invocation by Councilmember Robert Sivick of District No. 3. Doc. # 3118 - Motion to elect Councilmember Herd Acting President Carried 4-0 CERTIFICATION OF PUBLICATION 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha on December 1, 2000, notice re: Pre-Council and Regular City Council Meetings, December 5, 2000. Doc. # 3119 - 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 OPPONENTS 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. Y Y • RESOLUTION 5. Res. that the Preliminary Official Statement pertaining to the issuance and sale of City of Omaha general obligation "Various Purpose Bonds," "General Obligation Refunding Bonds" and "General Obligation Bonds (City of Omaha Convention Center Project)" in Exhibit "A" attached hereto and by this reference made a part hereof as fully as if set forth herein, is hereby approved, the Preliminary Official Statement is deemed final as of its date, December , 2000, within the meaning of Rule 15c2-12 under the Securities Exchange Act of 1934, as amended (except for certain omissions permitted by said Rule 15c2-12), and the Finance Director of the City of Omaha is hereby authorized to deliver the aforesaid Preliminary Official Statement on behalf of the City of Omaha and the Underwriters of said Bonds are hereby authorized to distribute and use the Preliminary Official Statement. ((SEE FOLDERS)) ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 3120 - Adopt 5=0 ZONING ORDINANCES ON FINAL READING and Planning Board Attachments 6. Ord. to rezone property located at 2921 South 26th Street from GI-General Industrial District to R4-Single Family Residential District (High-Density). • ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) • Doc. # 3124 - ORDINANCE # 35391 PASSED 5-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 2921 South 26th Street from GI to R4 - see attached. # 3124 - From Chair on File 7. Ord. to rezone property located Northwest of 156th and Fort Streets from AG-Agricultural District to R4-Single Family Residential District (High-Density). ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) Doc. # 3125 - ORDINANCE # 35392 PASSED 5-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Northwest of 156th and Fort Streets from AG to R4 - see attached. # 3125 - From Chair on File - 2 - • • • RESOLUTIONS RE: PRELIMINARY PLATS, PLATS AND SUBDIVISION AGREEMENTS 8. Res. that the preliminary plat entitled BENSON GARDENS REPLAT NINE located Southwest of 79th 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 11/14/00 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 3126 - Adopt 5-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of BENSON GARDENS REPLAT NINE located Southwest of 79th and Lake Streets - Inside City - over from 11/14/00 - see attached. # 3126 - From Chair on File • 9. Res. that the replat transmitted herewith entitled BENSON GARDENS REPLAT NINE located Southwest of 79th and Lake Streets, is hereby approved; and concurrently a portion of the existing plat entitled Benson Gardens Replat Eight, and described on said replat, is hereby vacated - Inside City - over from 11/1.4/00 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 3127 - Adopt 5-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of BENSON GARDENS REPLAT NINE located Southwest of 79th and Lake Streets - Inside City - over from 11/14/00 - see attached. # 3127 - From Chair on File 10. Res. that the Subdivision Agreement between the City of Omaha and Quality Construction, LLC, as recommended by the Mayor, providing for the public improvements and sewer connections to the Omaha sewer system, is hereby approved. The Subdivision is to be known as Benson Garden Replat Nine which will be located Southwest of 79th and Lake Streets - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)). Res. # 3128 - Adopt 5-0 - 3 - • • • 11. Res. that the preliminary plat entitled THE WOODLANDS located Northwest of 192nd 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. # 3129 - Adopt 5-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of THE WOODLANDS located Northwest of 192nd and "Q" Streets - Outside City - see attached. # 3129 - From Chair on File "PURSUANT TO CITY COUNCIL RULE VII E, AGENDA ITEM NO. 12 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING" 12. Res. that the replat transmitted herewith entitled AK-SAR-BEN BUSINESS & EDUCATION CAMPUS REPLAT 1 located Southeast of 72nd and Pacific Streets, is hereby approved; and concurrently a portion of the existing plat entitled Ak-Sar-Ben Business & Education Campus, and described on said replat, is hereby vacated - Inside City - see attached. Doc. # 3130 - Over 2 wks. to 12/19/00 for publication and Public Hearing pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of the Final Plat of AK-SAR-BEN BUSINESS & EDUCATION CAMPUS REPLAT 1 located Southeast of 72nd and Pacific Streets - Inside City - see attached. # 3130 - Over to 12/19/00 "PURSUANT TO CITY COUNCIL RULE VII E, AGENDA ITEMS NO. 13 THROUGH 14 SHALL BE LAID OVER TWO WEEKS" 13. Res. that the plat entitled CATTAIL CREEK (Lots 1 - 328 and Outlots A and B) is hereby approved and accepted Outside City- see attached. Doc. # 3131 - Over 2 wks. to 12/19/00 pursuant to City Council Rule VII E (Continued to Next Page) -4 - • • • (a) Planning Board and Planning Department recommend approval of the Final Plat of CATTAIL CREEK (Lots 1 - 328 and Outlots A & B), located Northeast of 192nd and "Q" Streets - Outside City - see attached. . # 3131 - Over to 12/19/00 14. Res. that the Subdivision Agreement among the City of Omaha, Sanitary and Improvement District 466 of Douglas County, Nebraska, Cattail Creek Homeowners Association and Celebrity Homes, Inc., 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 Cattail Creek and is located Northeast of 192nd and "Q" Streets - see attached. Doc. # 3132 - Over to 12/19/00 pursuant to City Council Rule VII E * * * * * * * * * * * * * * ORDINANCES ON FINAL READING and Planning Board Attachments 15. Ord. to adopt the 2000 Sanitary Interceptor Sewer Element of the City of Omaha Master Plan - see attached. ((PUBLIC HEARING HELD 11/21/00 - CAN BE PASSED TODAY)) Doc. # 3133 - ORDINANCE # 35393 PASSED 5-0 (a) Planning Board and Planning Department recommend approval of the 2000 Sanitary Interceptor Sewer Element of the City of Omaha Master Plan - see attached. # 3133 - From Chair on File (b) Communication from Rod Austin, Council Staff Assistant, re: 2000 Sanitary Interceptor Sewer Element of the City of Omaha Master Plan - over from 11/21/00. # 3133 - From Chair on File - 5 - 16. Ord. to approve an amendment to the Urban Development Element of the City of Omaha's Master Plan by changing the Present Development Zone boundary; and to provide an effective date - see attached. ((PUBLIC HEARING HELD 11/21/00 - CAN BE PASSED TODAY)) Doc. # 3134 - ORDINANCE # 35394 PASSED 5-0 (a) Planning Board and Planning Department recommend approval of an amendment to the Urban Development Element of the City of Omaha's Master Plan - see attached. # 3134 - From Chair on File ORDINANCES ON FINAL READING 17. Ord. to approve the amended Mixed Use District Development Agreement for property located Northeast of 156th and "Q" Streets (Walnut Grove Plaza) between the City of Omaha and West Bay, Inc., providing site development and use standards; and to provide for an effective date - see attached. ((PUBLIC HEARING HELD 11/21/00 - CAN BE PASSED TODAY)) Doc. # 3135 - ORDINANCE #35395 PASSED 5-0 18. Ord. to amend Section 26-45 of the Omaha Municipal Code dealing with the vacation of streets; to add the requirement of the favorable vote of five or more council members to vacate any street segment containing three or more paved lanes; to repeal Section 26-45 of the Omaha Municipal Code as heretofore existing; and, to provide the effective date hereof - see attached. ((PUBLIC HEARING HELD 11/21/00 - CAN BE PASSED TODAY)) Doc. # 3136 - Motion by Brown to pass 2nd by Monahan Sub-motion by Monahan to lay over 1 wk. to 12/12/00 LOST for lack of a 2nd Original motion to pass LOST 3-2 Yeas: Koneck, Monahan, Brown, Nays: Sivick, Herd 19. Ord. to waive the fifteen (15) day appeal requirement in Section 43-38 of the Omaha Municipal Code for condemned property at 4114 Corby Street, owned by Frank and Stella Chipasula; to permit a condemnation appeal at a hearing to be included on the next City Council agenda immediately following the effective date of this Ordinance, provided that the other requirements of Section 43-38 be complied with prior to the said next City Council hearing; and to provide the effective date hereof - see attached. ((PUBLIC HEARING HELD 11/21/00 - CAN BE PASSED TODAY)) Doc. # 3137 - ORDINANCE # 35396 PASSED 5-0 - 6 - 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 OPPONENTS 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. ORDINANCES ON SECOND READING 20. Ord. authorizing and directing an issue in one or more series of General Obligation Bonds of the City of Omaha, Nebraska in the aggregate principal amount of not to exceed One Hundred Ninety-eight Million Dollars ($198,000,000) to be termed for identification purposes "General Obligation Bonds (City of Omaha Convention Center Project), Series of 2000"; prescribing the form of said bonds; authorizing the sale of said bonds by negotiation; directing the preparation of a transcript of proceedings authorizing the issuance, sale and delivery of said bonds; directing that said bonds shall initially be issued and registered in book-entry form; appointing a , trustee paying agent and registrar; providing for continuing disclosure; and providing for the effective date thereof- see attached. ((PUBLIC HEARING TODAY)) Doc. # 3121 - Over to 12/12/00 (a) Document submitted by Buster Brown, City Clerk, re: Notice of Public Hearing. # 3121 - Over to 12/12/00 21. Ord. authorizing and directing an issue of General Obligation Bonds of the City of Omaha, Nebraska in the aggregate principal amount of $21,000,000 to be • termed for identification purposes "Various Purpose Bonds, Series of 2000"; authorizing the sale of said Bonds by negotiation; directing the preparation off a transcript of proceedings authorizing the issuance, sale and delivery of said bonds; providing for continuing disclosure; appointing a paying agent and registrar; directing that said bonds shall initially be issued and registered in book- entry form; and providing for the effective date thereof see attached. ((PUBLIC HEARING TODAY)) . Doc. # 3122 - Over to 12/12/00 - 7 - 22. Ord. authorizing and directing an issue of General Obligation Refunding Bonds in the City of Omaha, Nebraska in the aggregate principal amount of not to exceed Thirty Million Dollars ($30,000,000) to be termed for identification purposes "General Obligation Refunding Bonds, Series of 2000"; prescribing the form of said bonds; authorizing the sale of said bonds by negotiation; designating for defiance certain General Obligation indebtedness of the City of Omaha, Nebraska; directing the Finance Department to give notice of such defeasance; directing the preparation of a transcript of proceedings authorizing the issuance, sale and delivery of said bonds; directing that said bonds shall initially be issued and registered in book-entry form; appointing a paying agent, registrar and escrow agent; providing for continuing disclosure; and providing for the effective date thereof- see attached. ((PUBLIC HEARING TODAY)) Doc. # 3123 - Over to 12/12/00 23. Ord. authorizing execution of an Interlocal Agreement with Douglas County to provide for the creation of a technology commission to provide information, voice and data communication services for city and county departments; to provide for the establishment of rules and regulations governing the operations of the commission; and providing the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) Doc. # 3138 - Motion to place on file LOST 3-2 Yeas: Koneck, Monahan, Brown Nays: Sivick, Herd Doc. # 3140 - Motion by Sivick to lay over the third reading 5 weeks to January 9, 2001 and continue the Public Hearing LOST for lack of a 2nd Motion to lay over the third reading 7 wks. to January 23, 2001 and continue the Public Hearing Carried 5-0 (a) Document submitted by Joe Mangiamelli, Mayor's Office - see attached. # 3140 - Over to 1/23/01 (b) Communication from Walt Peffer, Jr. re: Interlocal Agreement with Douglas County to create an information services technology commission. # 3140 - Over to 1/23/01 - 8 - • il •• 24. Ord. proposing an amendment to Article IV of the Home Rule Charter of the City of Omaha, 1956, as amended; to authorize the City to participate with one or more units of local government to create an information services technology commission; to provide for the submission of the proposed amendment to the qualified electors of the City of Omaha for their approval or rejection at the Special City Election to be held on May 15, 2001; and to provide for the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) Doc. # 3139 - Motion to place on file LOST 3-2 Yeas: Koneck, Monahan, Brown Nays: Sivick Herd Doc. # 3141 - Motion by Sivick to lay over the third reading 5 weeks to January 9, 2001 and continue the Public Hearing LOST for lack of a 2nd Motion to lay over the third reading 7 wks. to January 23, 2001 and continue the Public Hearing Carried 5-0 25. Ord. approving a redevelopment and tax increment financing loan agreement with the Maple Street Grocery, Inc., 3928 Maple Street, Omaha, NE 68111 for a commercial development located at 6005 Sorensen Parkway and providing for an effective date - see attached. ((PUBLIC HEARING TODAY)) Doc. # 3142 - Over to 12/12/00 26. Ord. approving a redevelopment and tax increment financing loan agreement with the T & B Properties, LLC, 17918 County Road, Blair, Nebraska 68008, for demolition and clearance of the site, landscaping and construction of a shop building and yard for a construction company at 4115 Lake Street, and providing for an effective date - see attached. ((PUBLIC HEARING TODAY)) Doc. # 3143 - Over to 12/12/00 27. Ord. to amend Ordinance No. 14303, Section 40-252 of the Omaha Municipal Code, by an addition to the existing Class "A" Oil District, known as District No. A-77; and to provide the effective date hereof (Marianna Imports, Inc., 11222 "I" Street) - see attached. ((PUBLIC HEARING TODAY)) Doc. # 3144 - Over to 12/12/00 28. Ord. to amend Ordinance No. 14303, Section 40-252 of the Omaha Municipal Code, by an addition to the existing Class "A" Flammable Liquids Storage District, known as District No. A-131; and to provide the effective date hereof (William H. Harvey Company, 4334 South 67th Street) - see attached. ((PUBLIC HEARING TODAY)) Doc. # 3145 - Over to 12/12/00 - 9 - • 29. Ord. approving acceptance of the COPS in Schools Grant in the amount of $1,000,000 from the U.S. Department of Justice, Community Oriented Policing Services Office, providing for the hiring of eight (8) police officers to be placed in area schools.as School Resource Officers; involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; providing for the payment from specific account; and providing for the effective date hereof see attached. ((PUBLIC HEARING TODAY)) Doc. # 3146 - Over to 12/12/00 SPECIAL USE PERMIT- BROADCAST TOWER 30. Res. that the Special Use Permit application, submitted by Verizon Wireless for permission to allow a Broadcast Tower in an R2-Single Family Residential . District (Low-Density), located Southwest of 87th and Pacific Streets (Westside High School), 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 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 . 11/14/00 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE APPROVED TODAY)) Res. # 3147 -Adopt 5-0 (a) Planning Board and Planning Department recommend approval of the request of Verizon Wireless for a Special Use Permit to allow a Broadcast Tower in an R2 District located Southwest of 87th and Pacific Streets (Westside High School) - over from 11/14/00 - see attached. # 3147 - From Chair on File - 10 - • • • "PURSUANT TO CITY COUNCIL RULE VII E, AGENDA ITEMS NO. 31 THROUGH 37 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING" 31. Res. that the Special Use Permit application submitted by Qwest Wireless, L.L.C. for permission to allow a Broadcast Tower in a CC-Community Commercial District, located at 5338 North 103rd 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 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 - see attached. Doc. # 3148 - Over 2 wks. to 12/19/00 for publication and Public Hearing pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of a request by Qwest Wireless, L.L.C. for a Special Use Permit to allow a Broadcast Tower in a CC District located at 5338 North 103rd Street - see attached. # 3148 - Over to 12/19/00 32. Res. that the Special Use Permit application submitted by Qwest Wireless, L.L.C. for permission to allow a Broadcast Tower in a GO-General Office District, located at 11217 Wright Circle, 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 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 - see attached. Doc. # 3149 - Over 2 wks. to 12/19/00 for publication and Public Hearing pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of a request by Qwest Wireless, L.L.C. for a Special Use Permit to allow a Broadcast Tower in a GO District located at 11217 Wright Circle - see attached. # 3149 - Over to 12/19/00 - 11 - • 33. Res. that the Special Use Permit application submitted by Qwest Wireless, L.L.C. for permission to allow a Broadcast Tower, in a CC-Community Commercial District, located at 333 North 132nd 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 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 - see attached. Doc. # 3150 - Over 2 wks. to 12/19/00 for publication and Public Hearing pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of a request by Qwest Wireless, L.L.C. for a Special Use Permit to allow a Broadcast Tower in a CC District located at 333 North 132nd Street - see attached. # 3150 - Over to 12/19/00 34. Res. that the Special Use Permit application submitted by Qwest Wireless, LLC for permission to allow a Broadcast Tower in a CC-Community Commercial District, located at 4826 "Q" 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 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 - see attached. Doc. # 3151 - Over 2 wks. to 12/19/00 for publication and Public Hearing pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of a request by Qwest Wifeless, LLC for a Special Use Permit to allow a Broadcast Tower in a CC District located at 4826 "Q" Street - see attached. # 3151 - Over to 12/19/00 - 12 - AFTER-HOURS DANCE PERMIT 35. Res. that the application of Guitars and Cadillacs for the renewal of an after- hours dance permit at 10865 West Dodge Road be and hereby is approved - see attached. Doc. # 3152 - Over 2 wks. to 12/19/00 for publication and Public Hearing pursuant to City Council Rule VII E • (a) Permits and Inspection transmits the request of an after-hours dance permit for Guitars and Cadillacs, 10865 West Dodge Road, Omaha, Nebraska. The Planning Department, Police Department and Fire Department recommend approval of this request - see attached. # 3152 - Over to 12/19/00 36. Res. that the application of Tipp-It, Inc., dba Omaha Mining Company for the renewal of an after-hours dance permit at 1713-15 Leavenworth Street be and hereby is approved - see attached. Doc. # 3153 - Over 2 wks. to 12/19/00 for publication and Public Hearing • pursuant to City Council Rule VII E (a) Permits and Inspection transmits the request of an after-hours dance permit for Tipp-It, Inc., dba Omaha Mining Company, 1713- 15 Leavenworth Street, Omaha, Nebraska. The Planning Department, Police Department and Fire Department recommend denial of this request - see attached. # 3153 - Over to 12/19/00 37. Res. that the application of Asylum Hall for the renewal of an after-hours permit at 1417 Farnam Street be and hereby is approved - see attached. Doc. # 3154 - Over 2 wks. to 12/19/00 for publication and Public Hearing pursuant to City Council Rule VII E (a) Permits and Inspection transmits the request of an after-hours dance permit for Peter Petrihos, dba Asylum Hall, 1417 Farnam Street, Omaha, Nebraska. The Planning Department, Police Department and Fire Department recommend approval of this request - see attached. # 3154 - Over to 12/19/00 - 13 - SPECIAL USE PERMIT - DAY CARE (GENERAL) 38. Res. that the Special Use Permit application submitted by Charlotte Ballard for permission to allow Day Care (General) in an R3-Single Family Residential District (Medium-Density), located at 5619 North 68th 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 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 11/14/00 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 3155 - Adopt 5-0 (a) Planning Board and Planning Department recommend approval of the request of Charlotte Ballard for a Special Use Permit to allow Day Care (General) in an R3-Single Family Residential District (Medium-Density) located at 5619 North 68in Street. - over from 11/14/00 _ see attached. # 3155 - From Chair on File RESOLUTIONS ((MOTIONS ON RESOLUTIONS UNLESS OTHERWISE SPECIFIED SHOULD BE TO (ADOPT) OR(NOT ADOPT))) 39. Res. that the attached Fiscal Year 2001 Action Plan to the Consolidated Submission for Community Planning and Development Programs is hereby approved; and, further that upon receipt from the U. S. Department of Housing and Urban Development, the Mayor is authorized to execute the Funding Approval/Agreements for the Fiscal Year 2001 Community Development Block Grant, HOME Investment Partnerships and Emergency Shelter Grant Programs - over from 11/14/00 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Doc. # 3156 - Resolution read Res. # 3158 - Adopt as Amended 4-1 Yeas: Koneck, Monahan, Sivick, Brown Nay: Herd (Continued to Next Page) - 14 - (a) Amendment requested by Councilmember Frank Brown. Doc. # 3157 - Amendment requested by Councilmember Brown Motion by Mr. Brown to approve 2nd by Koneck Sub-motion by Mr. Monahan to lay over 1 wk. to 12/12/00 2nd by Herd Sub-motion LOST 2-3 Yeas: Monahan, Sivick Nays: Koneck, Brown, Herd Original Motion to Approve Carried 4-1 Yeas: Koneck, Monahan, Sivick, Brown_ Nay: Herd (b) Communication from Frederick J. Coffman, Special Projects Attorney, re: Opinion - City's Community Development Block Grant Program. # 3158 - From Chair on File (c) Communication from Warren Weaver, Council Staff Assistant, re: Community Development Block Grant Amendments. # 3158 - From Chair on File (d) Communication from Steve Jensen, Acting Planning Director, re: Consolidated Plan Amendments. # 3158 - From Chair on File (e) Document submitted by Tom Pogge, Chairman, Omaha 100, re: Fiscal Year 2001 Action Plan to the Consolidated Submission for Community Planning and Development Programs. # 3158 - From Chair on File 40. 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 Brook Park Lounge, 3015 North 90th Street, in Omaha, Nebraska - see attached. Res. # 3159 - Adopt 5-0 41. Res. to accept the Negotiator's Report of Mark E. Larson made in accordance with Necessity Ordinance No. 35186 declaring the necessity of acquiring certain. property or interest in property for the purpose of replacing the 10th Street Viaduct south of Jackson Street, known as Special Project 90-23, Federal Aid Project BRM-5103(9). Payments for the one negotiated parcel of land or interest in property acquired in the amount of $41,650.00 shall be paid from the Street and Highway Bond Organization 1509, 1996 Street and Highway Bond #2 (2000 funding), Agency 140, Fund 305 - see attached. • - 15 - Res. # 3160 - Adopt 5-0 42. Res. that the Agreement between the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints and the City of Omaha to provide for the paving improvement to 34th Street from State Street to 900 lineal feet south and related storm sewer work, as recommended by the Mayor, is hereby approved. The Finance Department is authorized to reimburse the applicant an estimated amount of $6,229.44 from the Intersection Organization 1446, Agency 140, Fund 305, and $15,736.00 from Storm Sewer Organization 1510, Agency 140, Fund 343, once the Public Works Department has accepted the project - see attached. Res. # 3161 - Adopt 4-0 43. Res. that the Agreement between the City of Omaha and the Metropolitan Area Planning Agency to provide traffic counts to MAPA at over 300 locations in the City between July 1, 2000 and June 30, 2001, is hereby approved. That the Public Works Department is authorized to provide and the Finance Department is authorized to pay up to $32,634.00 in cash or in-kind services from the Traffic Engineering Fund Organization 1431, Fund 103 - see attached. Res. # 3162 - Adopt 4-0 44. Res. authorizing the Agreement between the City and Solutech, Inc. to provide computer support and maintenance services from January 1, 2001 through December 31, 2001 to be paid from the year 2001 Sewer Revenue Maintenance Organization 1461, Agency 140, Fund 541 in the amount of $218,400.00 - see attached. Res. # 3163 - Adopt 5-0 45. Res. approving the contract with Andrus Enterprises, Inc., as recommended by the Mayor, for STS 5153 being Royalwood storm sewer improvements, to be paid from the 1996 Sewer Bond No. 1 Organization 1510, Fund 339, Agency 140, year 2000 funding in the amount of $423,692.44 - see attached. Res. # 3164 - Adopt 5-0 46. Res. authorizing the Purchasing Agent to issue a purchase order to Flinn Paving for the purchase of 1,500 tons of bituminous street patching material in the amount of $112,500.00 to be paid from the Asphalt' Pavement Repair Organization 1416, Street and Highway Allocation Fund 103, Agency 140, Year 2000 Funding - see attached. Res. # 3165 - Adopt 5-0 - 16 - 47. Res. authorizing the Purchasing Agent to issue a purchase order to Duncan Industries for the purchase of parking meter parts in the amount of $8,199.00 to be paid from the Traffic Engineering Parking Meters Organization 1428, Street and Highway Allocation Fund 103, Agency 140, year 2000 Funding in the amount of$8,199.00 - see attached. Res. # 3166 - Adopt 5-0 48. Res. that, the attached Amendment to the Supportive Housing Program Grant Agreement approved September 28, 1999 by Resolution No. 2633 between the City of Omaha and the U. S. Department of Housing and Urban Development substituting 4725 North 36th Avenue for 5637 North 27th Avenue, is hereby approved. Funds in the amount of $369,882.50 shall be paid from the Continuum of Care Supportive Housing Grant, Fund 190, Organization 8015 (Agency 200, SHP Grant# NE26B801003 , FY 1998) - see attached. Doc. # 3167 Motion to lay over 2 wks. to 12/19/00 and continue the Public Hearing Carried 4-1 Yeas: Monahan, Sivick, Brown, Herd Nay: Koneck 49. Res: that, the attached Amendment to the Agreement approved December 14, 1999, by Resolution 3246, as recommended by the Mayor, between the City of Omaha and Housing And Neighborhood Developers, Inc., a Nebraska Non-profit Corporation, 2319 Ogden Street, Omaha, Nebraska 68110, changing the term of the agreement and substituting 4725 North 36th Avenue for 5637 North. 27th Avenue, is hereby approved. Funds in the amount of $369,882.50 shall be paid from the Continuum of Care Supportive Housing Program Grant # NE26B801003, FY 1998, Fund 190, Agency 200, Organization 8015 - see attached. Doc. # 3168 - Motion to lay over 2 wks. to 12/19/00 and continue the Public Hearing Carried 4-1 Yeas: Monahan, Sivick, Brown, Herd Nay: Koneck 50. Res. that the acquisition of Lot 8 of the Bridlewood Subdivision by Sanitary and Improvement District 444 of Douglas County, Nebraska, for a public park, is hereby approved and that the additional cost of $32,776.26, including soft costs, shall become a general obligation of the District - see attached. Res. # 3169 - Adopt 5-0 . 51. Res. that the acquisition of Outlot D of the Walnut Ranches Subdivision by Sanitary and Improvement District 429 of Douglas County, Nebraska, for a public park, is hereby approved and that the total cost of $54,039.32, including soft costs, shall become a general obligation of the District - see attached. Res. # 3170 - Adopt 5-0 - 17 - 52. Res. that, as recommended by the Mayor, the bid of Blade Masters in the amount of $12,930.00, which represents the estimated bid for grounds maintenance of the public parking lot and common areas in Benson Business and Improvement District, being the lowest and best bid received within bid specifications, which are incorporated herein by this reference, is hereby accepted. Funds shall be paid from 2000 funds in Fund No. 401, Capital Special Assessment, Agency No. 140, and Organization No. 1448, Special Assessments. The Finance Department is authorized to pay the cost from these accounts - see attached. Res. # 3171 - Adopt 5-0 53. Res. that, as recommended by the Mayor, the bid in the total amount of$13.74 per inch per tree from Jeff's Tree Service for the street tree removal of trees in North Zones, South Zones, Northwest Zones, and Southwest Zones, being the lowest and best bid received, within the bid specifications, attached hereto and made a part hereof, is hereby accepted. Funds have been appropriated in the 2000 General Fund No. 001, Agency No. 120, Organization No. 1219, Forestry. The Finance Department is authorized to pay the cost of the tree removals from this account- see attached. Res. #3172 -Adopt 5-0 54. Res. that, as recommended by the Mayor, the bid in the total amount of $157,000.00 from Lawnsmith & Company Inc. for furnishing materials, labor and all else necessary to complete site improvements on the 144th Street Trail, Franklin to Corby, being the lowest and best bid received, within bid specifications, is hereby accepted and the contract approved. The Finance Department is authorized to pay $157,000.00 from 2000 funds in the Parks Maintenance Division Budget, General Fund 001, Agency 120, Organization 1214, Object 8310. A federal grant will reimburse $113,300.00 of this cost - see attached. Res. # 3173 - Adopt 5-0 55. Res. that, as recommended by the Mayor, the bid in the total amount of $48,473.00 from Lawnsmith & Co., Inc., 3731 State Street, to perform the construction of a steel picnic shelter, concrete walks, park sign, site furnishings and plantings at Candlewood Park, 12049 Franklin Street, as per the plans and specifications dated October 25, 2000, 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 2000 General Fund No. 001, Agency No. 120, Organization No. 1214 - see attached. Res. # 3174 - Adopt 5-0 - 18 - 56. Res. that, as recommended by the Mayor, the bid in the total amount of $196,269.00 from Rife Construction Inc. to perform the installation of a restroom and press box structure at Boyd Park, 1600 Cornish Boulevard, as per the plans and specifications dated September 27, 2000, 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 2000 funds in Park and Recreation Culture Bond No. 2 Fund No. 393, Agency No. 120, Organization No. 1295 and Activity No. 3008. Peter Kiewit Foundation will reimburse the City of Omaha for 100% of the cost of this project- see attached. Res. # 3175 -Adopt 5-0 57. Res. that, as recommended by the Mayor, the bid of Portable Computer Systems, Inc. in the amount of $238,260.00, which represents the bid for sixty (60) Panasonic Toughbook 27 lap top computers, additional RAM and backlit keyboards, being the lowest and best bid received within bid specifications, which is incorporated herein by this reference, is hereby accepted and the same hereby approved. Further, that the Finance Department of the City of Omaha is authorized to pay the cost of the lap top computers from Fiscal year 2000 appropriations, $238,260.00 from Fund 171, Agency 200, Organization 6103, Object 3338, COPS More 98 Grant funds - see attached. Res. # 3176 - Adopt' 5-0 58. Res. that the City of Omaha settle the damage claim submitted with the City of Omaha from Victory Auto Sales for damages to its property resulting from an accident which occurred on September 10, 2000 at 24 h and "G" Streets involving a City of Omaha police vehicle in an amount not to exceed $23,445.48, and that the funds to satisfy the settlement be paid from Contingent Liability Fund No. 104 - see attached. Res. # 3177 - Adopt 5-0 59. Res. that the legislative package of the City of Omaha for the First Session of the Ninety-Seventh Legislature of the State of Nebraska shall include a proposal to introduce and support legislation to change statutory provisions relating to operating a motor vehicle to avoid arrest to make such flight a felony in certain cases, based upon risk to the community - see attached. Res. # 3178 - Adopt 4-1. Yeas: Koneck, Monahan, Sivick, Herd Nays: Brown (a) Document submitted by Jack Cheloha, City Lobbyist, re: 2001 Legislative Agenda. # 3178 - From Chair on File - 19 - 60. Res. that the legislative package of the City of Omaha for the First Session of the Ninety-Seventh Legislature of the State of Nebraska shall include a proposal to introduce and support legislation to enact the Neighborhood Development Act - see attached. Res. # 3179 - Adopt 5-0 61. Res. that, pursuant to the recommendation of the City Council Law Committee, the legislative package of the City of Omaha for the First Session 'of the Ninety- Seventh Legislature of the State of Nebraska shall include a proposal to introduce and support legislation to change statutory provisions to provide for uniform usage of in-transit stickers on motor vehicles - see attached. Res. # 3180 - Adopt 4-1 Yeas: Koneck, Monahan, Sivick, Herd Nay: Brown 62. Res. that, pursuant to the recommendation of the City.Council Law Committee, the legislative package of the City of Omaha for the First Session of the Ninety- Seventh Legislature of the State of Nebraska shall include a proposal to amend existing legislation to provide for the use of funds from the Environmental Trust Fund generated by the State Lottery for rehabilitation of buildings in need of lead or asbestos abatement - see attached. Doc. # 3181 - Motion to withdraw Carried 5-0 (a) Communication from Janet Bonet, Spring Lake Neighborhood Association, re: use of funds from the Environmental Trust Fund generated by the State Lottery for rehabilitation.of buildings in need of lead or asbestos abatement. # 3181 - From Chair on File 63. Res. that the legislative package of the City of Omaha for the First Session of the Ninety-Seventh Legislature of the State of Nebraska shall include support for legislation, if introduced, to amend existing statutes to provide a sales tax exemption for purchases by zoos and museums and on sales of their annual memberships - see attached. Doc. # 3182 - Motion.to Adopt LOST 2-3 Yeas: Koneck, Brown Nays: Monahan, Sivick, Herd (a) Communication from Stanley P. Timm, Acting Finance Director, re: Amending Current Statutes to Provide a Sales Tax Exemption for Purchases by Zoos and Museums and on Sales of their Annual Memberships. # 3182 - From Chair on File - 20 - • • 64. Res. that the legislative package of the City of Omaha for the First Session of the Ninety-Seventh Legislature of the State of Nebraska shall include a proposal to introduce and support legislation to change statutory provisions to increase the penalty for motor vehicle theft to a Class Ill felony for all offenses - see attached. Doc. # 3183 - Motion to Adopt LOST 3-2 Yeas: Monahan, Sivick, Herd Nays: Koneck, Brown 65. Res. that the legislative package of the City of Omaha for the First Session of the Ninety-Seventh Legislature of the State of Nebraska shall include a proposal to introduce and support legislation to require the State of Nebraska to provide for all law enforcement training - see attached. Doc. # 3184 - Motion to Adopt LOST 2-3 Yeas: Monahan, Brown • Nays: Koneck, Sivick, Herd 66. Res. that the legislative package of the City of Omaha for the First Session of the Ninety-Seventh Legislature of the State of Nebraska shall include a proposal to introduce and support legislation relating to graffiti which penalties may include the loss of a motor vehicle operator's license - see attached. Doc. # 3185 - Motion to Adopt LOST 2-3 Yeas: Koneck, Herd Nays: Monahan, Sivick, Brown 67. Res. that, pursuant to the recommendation of the Law Committee of the City Council of the City of Omaha, the legislative package of the City of Omaha for the First Session of the Ninety-Seventh Legislature of the State of Nebraska shall include support for legislation, if introduced, to permit merger and consolidation of local governments - see attached. Doc. # 3186 - Motion to withdraw Carried 4-1 Yeas: Koneck, Monahan, Brown, Herd Nays: Sivick 68. Res. that the legislative package of the City of Omaha for the First Session of the Ninety-Seventh Legislature of the State of Nebraska shall include a proposal to introduce and support legislation to permit the usage of photo enforcement of certain moving violations - see attached. Res. # 3187 - Adopt 4-1 Yeas: Koneck, Monahan, Sivick, Herd Nays: Brown 69. Res. that the legislative package of the City of Omaha for the First Session of the Ninety-Seventh Legislature of the State of Nebraska shall include a proposal to introduce and support legislation to limit access to law enforcement records if such records are being gathered for commercial purposes- see attached. Doc. # 3188 - Motion to withdraw Carried 5-0 - 21 - e 70. Res. that, pursuant to the recommendation of the City Council Law Committee, the legislative package of the City of Omaha for the First Session of the Ninety- Seventh Legislature of the State of Nebraska shall include a proposal to introduce and support legislation to permit the use of an imprest system for accounting - see attached. Doc. # 3189 - Motion to lay over 2 wks. to 12/19/00 Carried 5-0 71. Res. that the City Lobbyist, John A. "Jack" Cheloha, is hereby designated as the official lobbyist of the City of Omaha and its citizens before the Legislature, legislative committees and individual senators, and that all City employees are authorized to furnish information, reports, data and testimony before the Legislature, legislative committees, and individual senators when deemed necessary or appropriate by the City Lobbyist - see attached. Doc. # 3190 - Motion by Koneck to Adopt 2"d by Brown Sub-motion by Sivick to lay over one week to 12/12/00 Carried 4-1 Yeas: Monahan, Sivick, Brown, Herd Nay: Koneck LIQUOR 72. Kwik Shop, Inc., dba "Kwik Shop #686", 8406 Park Drive, requests permission to appoint Katherine Humphrey manager of their present Off Sale Beer License - over from 11/21/00 - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 3192 - Approve 5-0 73. CLASS "C". - Crum, Barbara Ann, dba "CJ's Saloon", 1710 South 10th Street. New application, old location. Present licensee is Charles M. Janousek, dba "CJ's Saloon", 1710 South 10th 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. # 3193 - Grant 5-0 74. CLASS "C" - Jamaco, Inc., dba "18th Amendment Saloon", 4727 South 96th Street. New application, old location. Present licensee is Drinks, Inc., dba "18th Amendment Saloon", 4727 South 96th 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. 3194 - Grant 5-0 - 22 - 75. CLASS "C" - 765, Inc., dba "Patrick's", 763-769 North 114th Street. New application, new location. Property posted: 11/16/00. Notified: 11/27/00 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Doc. # 3195 - Read Doc. # 3196 - Motion to suspend City Council Liquor Rules Carried 5-0 Res. # 3197 - Grant 5-0 76. CLASS "C" - Stacy's Wash & Shine, LLC, 3711 North 90th Street. New application. New location. Property posted: 11/16/00. Notified: 11/27/00 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Res. # 3198 - Grant 4-0-1 Pass Yeas: Koneck, Monahan, Sivick, Herd Pass: Brown Doc. # 3199 - Reinstate City Council Liquor Rules Carried 5-0 77. CLASS "I" - Anderson, Patricia Ann, dba "The Palace", 6553 Ames Avenue. New application, old location. Present licensee is Fun World, Inc., dba "Cleopatra's Restaurant/Lounge", 6553 Ames Avenue - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Res. # 3200 - Grant 5-0 (a) Affidavit filed on behalf of the Class "I" Liquor License of Anderson, Patricia Ann, dba "The Palace", 6553 Ames Avenue, that Mr. James Bridgeman, Jr., will not be involved with.the business. # 3200 - From Chair on File 78. 5018 L Street, Inc., dba "Rosebud", 5018 "L" Street, requests permission to appoint Linda Bacon manager of their present Class "C" Liquor License - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 3201 - Approve 5-0 79. Keystone Wholesale Co., dba "Keystone Pharmacy", 7328 Maple Street, requests permission to appoint Jerry Hobson manager of their present Class "C" Liquor License - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 3202 - Approve 5-0 - 23 - • • • • 80. NLCC notifies that Just One More, Inc., dba "Just One More", 4303 South 89th Street, has elected payment of fine in lieu of closing - see attached. ((MOTION NEEDED TO RECEIVE AND PLACE ON FILE)) Doc. # 3203 - Motion to receive and place on file Carried 5-0 "PURSUANT TO CITY COUNCIL RULE VII D, THE PUBLIC HEARINGS ON AGENDA ITEMS NO. 81 THROUGH 89 SHALL BE HELD ON THE THIRD READING" ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 81. Ord. to rezone property located at 2025 North 24th Street from GI-General Industrial District to R7-Medium-Density Multiple Family Residential District. Doc. # 3204 - Hearing 12/19/00 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 2025 North 24th Street from GI to R7 - see attached. # 3204 - Over to 12/19/00 82. Ord. to rezone property located at 4718 "L" Street from R4-Single Family Residential District (High-Density) and GC-General Commercial District to CC-Community Commercial District. Doc. # 3205 - Hearing 12/19/00 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 4718 "L" Street from R4 and GC to CC - see attached. # 3205 - Over to 12/19/00 83. Ord. to approve a Planned Unit Development Overlay District with a waiver of the minimum area requirements for property located at 4718 "L" Street, to approve the Development Plan, and to provide for an effective date - see attached. Doc. # 3206 - Hearing 12/19/00 (a) Planning Board and Planning Department recommend approval of Planned Unit Development Overlay District with a waiver of the minimum area requirements for property located at 4718 "L" Street - see attached. # 3206 - Over to 12/19/00 - 24 - 84. Ord. to rezone property located Southeast of 72nd and Pacific Streets from GI-General Industrial District and MU-Mixed Use District to MU-Mixed Use District (portions of which property lie within the floodplain and floodway.) Doc. # 3207 - Hearing 12/19/00 85. Ord. to rezone property located Southeast of 72nd and Pacific Streets from MU-Mixed Use District to DR-Development Reserve District (portions of which property lie within the floodplain and floodway.) Doc. # 3208 - Hearing 12/19/00 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southeast of 72nd and Pacific Streets from MU and GI to DR and MU (portions of which property lie within the floodplain and floodway) - see attached. # 3208 - Over to 12/19/00 86. Ord. to rezone property located Northwest of 78th and State Streets from DR-Development Reserve District to R7-Medium-Density, Multiple Family Residential District. Doc. # 3209 - Hearing 12/19/00 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Northwest of 78th and State Streets from DR to R7 - see attached. # 3209 - Over to 12/19/00 87. Ord. to rezone property located Northeast of 192nd and "Q" Streets from AG-Agricultural District to DR-Development Reserve District. Doc. # 3210 - Hearing 12/19/00 88. Ord. to rezone property located Northeast of 192"d and "Q" Streets from AG-Agricultural District to R5-Urban Family Residential District. Doc. # 3211 - Hearing 12/19/00 • 89. Ord. to rezone property located Northeast of 192 d and "Q" Streets from AG-Agricultural District to R4-Single-Family Residential District (High-Density). Doc. # 3212 - Hearing 12/19/00 (Continued to Next Page) - 25 - (a) Planning Board and Planning Department recommend approval of a request to rezone property located Northeast of 192nd and "Q" Streets from AG to DR, R4 and R5 - see attached. # 3212 - Over to 12/19/00 "PURSUANT TO CITY COUNCIL RULE VII C, THE PUBLIC HEARINGS ON AGENDA ITEMS NO. 90 THROUGH 102 SHALL BE HELD ON THE SECOND READING" ORDINANCES ON FIRST READING 90. Ord. to amend Chapter 2 of the Omaha Municipal Code dealing with the Administration of the City, to create within a new Division 5 of Article V thereof, a new Section 2-157 dealing with minimum staffing of the Fire Department; and to provide the effective date hereof. ((SEE FOLDERS)) Doc. # 3213 - Hearing 12/12/00 91. Ord. to amend portions of Article X, Chapter 10 of the Omaha Municipal Code dealing with Publicly Owned Ambulance-Rescue Vehicle Service Charges by amending Section 10-275 of the Omaha Municipal Code entitled "Definitions"; by amending Section 10-276 of the Omaha Municipal Code entitled "Fee schedule; payment of fees; records, billing and collection."; to repeal Sections 10-275 and 10-276 as heretofore existing; and, to provide the effective date hereof - see attached. • Doc. # 3214 - Hearing 12/12/00 92. . Ord. to amend Section 31-259 of the Omaha Municipal Code, to increase the sewer connection fees in the Papillion Creek Watershed, to repeal Section 31-259 of the Omaha Municipal Code a$ heretofore existing, and providing the effective date hereof- see attached. Doc. # 3215 - Hearing 12/12/00 93. Ord. to amend Sections 43-43 and 48-25 of the Omaha Municipal Code, by extending permissible periods for the repair of noncompliant buildings or dwellings, from ninety days to six months after a first notice, and from thirty days to sixty days after a second notice; to repeal Sections 43-43 and 48-25 as heretofore existing; and to provide the effective date hereof- see attached. Doc. # 3216 - Hearing 12/12/00 - 26 - 94. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning employment classifications by adding the employment classifications entitled Master Electrician and Master Plumber, to repeal Section 23-177 as heretofore existing, and to provide the effective date thereof- see attached. Doc. # 3217 - Hearing 12/12/00 95. Ord. approving an Interlocal Agreement between the City of Omaha and Douglas County to unify the responsibilities of permitting and compliance assurance for the Air Quality Title V and 105 Programs 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 Mayor to execute the Agreement with Douglas County; and to provide an effective date hereof - see attached. Doc. # 3218 - Hearing 12/12/00 96. Ord. to grant the Omaha Public Power District a permanent easement and to authorize the Mayor to execute a right-of-way easement for underground electric facilities in the North Omaha Business Park; and, providing for the effective date hereof- see attached. Doc. # 3219 - Hearing 12/12/00 97. Ord. declaring the necessity of appropriating for the use of the City of Omaha, the necessary lands for expanding the parking facility for the Montclair Community Center located at 2304 South 135th Avenue; provided that as to the specified parcel which cannot be obtained by negotiation, proceedings in eminent domain be undertaken and completed; funds for said acquisition to be paid from 1996 Park Bond Fund - Fund 393, Agency 120, Organization 1295, Activity 3118; and to provide for the effective date hereof- see attached. Doc. # 3220 - Hearing 12/12/00 98. Ord. to approve a 60 month agreement in the total amount of $79,800.00 between the City of Omaha and Millar Elevator Service Company for the provision of elevator maintenance services at OmahaPark One and OmahaPark Six; to authorize the Finance Director to make payments in accordance therewith; and to provide an effective date - see attached. Doc. # 3221 - Hearing 12/12/00 -.27 - 99. Ord. to approve and authorize payment from the City of Omaha to Dictaphone Corporation 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 Dictaphone Corporation for service agreements (Assured Performance Plan plus Software Maintenance) extended over a period of 54 months and 48 months commencing on December 26, 2000 and June 26, 2001, respectively, in the total sum of $21,030.50, for one Dictaphone Enterprise Express Voice System Model EX-125-004 and related software for the Word Processing Division of the Finance Department of the City of Omaha; and to provide for an effective date hereof- see attached. Doc. #3222 - Hearing 12/12/00 • 100. Ord. to approve a contract between the City of Omaha and Omaha Public Schools for the City to provide, through its assignment, one uniformed police officer and a marked police car to the schools' premises, South High School located at 4519 South 24th Street; North High School located at 4410 North 36th Street; Benson High School located at 5120 Maple Street; Blackburn Alternative School located at 2606 Hamilton Street; Burke High School located at 12200 Burke Boulevard; Central High School located at 124 North 20th Street; and Northwest High School located at 8204 Crown Point, involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter, to perform police work within the District each day that school is in session during the regular school year '/2 hour prior to the start of classes until '/2 hour after classes are dismissed from January 1, 2001 through and including December 31, 2010; the City's share of the officers' salary to be paid from the U.S. Department of Justice COPS in Schools Grant - see attached. Doc. # 3223 - Hearing 12/12/00 101. Ord. to approve a contract between the City of Omaha and Millard Public Schools for the City to provide, through its assignment, one uniformed police officer and a marked police car to the schools' premises, Millard North High School located at 1010 South 144th Street; and Millard South High School located at 14905 HQ" Street, involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter, to perform police work within the District each day that school is in session during the regular school year IA hour prior to the start of classes until '/2 hour after classes are dismissed from January 1, 2001 through and including December 31, 2010; the City's share of the officers' salary to be paid from the U.S. Department of Justice COPS in Schools Grant - see attached. Doc. # 3224 - Hearing 12/12/00 - 28 - • 102. Ord. to approve a contract between the City of Omaha and Westside Community Schools for the City to provide, through its assignment, one uniformed police officer and a marked police car to the schools' premises, Westside High School located at 87th and Pacific Street; and Westside Middle School located at 8601 Arbor Street, involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter, to perform police work within the District each day that school is in session during the regular school year 1/2 hour prior to the start of classes until 1/2 hour after classes are dismissed from January 1, 2001 through and including December 31, 2010; the City's share of the officers' salary to be paid from the U.S. Department of Justice COPS in Schools Grant - see attached. Doc. # 3225 - Hearing 12/12/00 * * * * * * * * * * * * * * * * 103. Ord. to approve the Amended Redevelopment and Mixed Use District Development Agreement for property located Southeast of 72nd and Pacific Streets (Ak-Sar-Ben Business and Education Campus Replat 1) between the City of Omaha and First Data Resources, Inc. and Omaha Public Power District, providing site development and use standards; and to provide for an effective date - see attached. ((MOTION NEEDED TO SET THE SECOND READING ON DECEMBER 12, 2000 AND THE THIRD READING AND PUBLIC HEARING ON DECEMBER 19, 2000 TO COINCIDE WITH THE FINAL PLAT AND ZONING) Doc. # 3226 - Motion to set the second reading on December 12, 2000 and the third reading and Public Hearing on December 19, 2000 to coincide with the final plat and zoning Carried 5-0 EXECUTIVE SESSION 104. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. ADDITIONAL RESOLUTION 105. Res. that the legislative package of the City of Omaha for the First Session of the Ninety-Seventh Legislature of the State of Nebraska shall include a proposal to introduce and support legislation to change statutory provisions relating to uncollectible costs in county court misdemeanor, traffic or juvenile cases to require waiver of such costs unless judicially assessed - see attached. Doc. # 3191 - Motion to withdraw Sub-motion to lay over 1 wk. to 12/12/00 Carried 5-0 • , - 29 - • • "PURSUANT TO CITY COUNCIL RULE VII E, AGENDA ITEM NO. 106 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING" ADDITIONAL SPECIAL USE PERMIT - BROADCAST TOWER 106. Res. that the Special Use Permit application submitted by Qwest Wireless, L.L.C. for permission to allow a Broadcast Tower in a CC-Community Commercial District, located at 2502 South 130th Avenue, 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 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. ((SEE FOLDERS)) Doc..# 3227 - Over 2 wks. to 12/19/00 for publication and Public Hearing pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of a request by Qwest Wireless, L.L.C. for a Special Use Permit to allow a Broadcast Tower in a CC District located at 2502 South 130th Avenue. ((SEE FOLDERS)) # 3227 - Over to 12/19/00 "PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARING ON AGENDA ITEM NO. 107 SHALL BE HELD ON THE SECOND READING" ADDITIONAL ORDINANCE ON FIRST READING 107. Ord. to add a new section to the Omaha Municipal Code to prohibit any person from registering with the Nebraska State Legislature as the representative of the City of Omaha for lobbying purposes except the person holding the position classified as "City Lobbyist"; and to provide an effective date. ((SEE FOLDERS)) Doc. # 3228 - Hearing 12/12/00 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. Adjourn: 4:55 P.M. Web Site: www.ci.omaha.ne.us - 30 - • SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR DECEMBER 5, 2000 -. LEGISLATIVE CHAMBERS -2:00 P.M. - PREPARED DECEMBER 4, 2000 AT 1:30 P.M. "PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARING ON AGENDA ITEMS NO. 108 THROUGH 109 SHALL BE HELD ON THE SECOND READING" ADDITIONAL ORDINANCES ON FIRST READING 108. An Ordinance to amend Section 2-295 of the Omaha Municipal Code dealing with City Government effectiveness and allegations of wrong doing to add protection for allegations of acts of deception or falsification to any elected official of the City; to repeal Section 2-295 of the Omaha Municipal Code as heretofore existing; and, to provide the effective date hereof. ((SEE FOLDERS)) Doc. # 3229 - Hearing 12/12/00 109. An Ordinance in accordance with Section 5.10 of the Home Rule Charter of the City of Omaha, 1956, as amended, to transfer unencumbered appropriation balances from the General Fund, Contingency Reserve Account in the 2000 Budget of the City of Omaha; to provide available funds for appropriation in the total amount of $150,000.00 to various agencies; 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 FOLDERS)) Doc. # 3230 - Hearing 12/12/00 * * * * * * * * * * * * * * * 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 - 31 - S' J !r