1998-03-31j •
"CORRECTED" •
CITY COUNCIL AGENDA FOR MARCH 31. 1998
LEGISLATIVE CHAMBERS - 2:00 P.M.
ROLL CALL
1. City Clerk calls the roll.
,/Doc. # 748 - Present: Brown, Herd, Koneck, Kraft, Terry, Anzaldo,
Mr. President
2. Pledge of Allegiance.
3. Invocation by Councilmember Paul Koneck of District No. 4.
CERTIFICATION OF PUBLICATION
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of
Omaha on March 27, 1998, notice re: Pre-Council and Regular City Council
Meetings, March 31, 1998.
V Doc. # 749 - From Chair on File
RECONSIDERATION
5. Res. that the Memorandum of Understanding between the Omaha Public Library
Board of Trustees and Gossage Regan Associates, Inc., as recommended by the
Mayor, to conduct the search for the position of Director of the Omaha Public
Library is approved; that the funds for this service will be paid from General Fund
No. 001, Public Library 1998, Organization 1604 - over from 3/17/98 for roll call on
reconsideration - see attached.
Vboc. # 750 - Roll Call on reconsideration LOST 3-4 Yeas: Brown, Koneck,
Lo Nays: Herd, Kraft, Terry, Anzaldo
ZONING ORDINANCES ON FINAL READING and Planning Board Attachments
8. Ord. to rezone from R4-Single Family Residential District (High-Density) to
CC-Community Commercial District; Northwest of 18th and Madison Streets.
((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
/Doc. # 753 - ORDINANCE # 34499 PASSED Carried 7-0
(a) Planning Board and Planning Department recommend approval of a
request to rezone from R4 to CC; Northwest of 18th and Madison
Streets - see attached.
# 753 - From Chair on File
9. Res. that the Special Use Permit application for permission to allow Custom
Manufacturing in a CC-Community Commercial District, located Northwest of 18th
and Madison Streets, 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 3/17/98 for publication and Public Hearing
- had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 754 -Adopt Carried 7-0
(a) Planning Board and Planning Department recommend approval of a
Special Use Permit to allow Custom Manufacturing in a CC District;
Northwest of 18th and Madison Streets - over from 3/17/98 - see
attached.
# 754 - From Chair on File
10. Ord. to rezone from DR-Development Reserve District to DR-Development Reserve
District(portions of which property lie within the floodplain and floodway); Northwest
of 144th and "F" Streets. ((PUBLIC HEARING TODAY - CAN BE PASSED
TODAY))
oc. # 755 - ORDINANCE # 34500 PASSED Carried 7-0
CONTINUED TO NEXT PAGE
- 3 -
• ,
•
(a) Planning Board and Planning Department recommend approval of the
Final Plat of ALTECH BUSINESS PARK (a cluster subdivision);
Northwest of 144th and "F" Streets - Outside City - over from 3/17/98
- see attached.
/# 760 - From Chair on File
16. Res. that the Subdivision Agreement between the City of Omaha, Sanitary and
Improvement District 422 of Douglas County, Nebraska and Ted Grace
Development 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 Altech Business Park and is
located Northwest of 144th and "F" Streets - see attached. ((PUBLIC HEARING
TODAY - CAN BE ADOPTED TODAY))
✓Res. # 761 - Adopt Carried 7-0
17. Res. that the Interlocal Agreement between the City of Omaha, Sanitary and
Improvement District 422 of Douglas County, Nebraska and Ted Grace
Development L.L.C., as recommended by the Mayor, providing for the public
improvements, granting assessment authority to S.&I.D. 422 and providing for an
estimated City reimbursement of$300,000.00 to S.&I.D. 422 for certain identified
public improvements, is hereby approved - see attached. ((PUBLIC HEARING
TODAY - CAN BE ADOPTED TODAY))
/Res. # 762 -Adopt Carried 7-0
ORDINANCES ON FINAL READING
18. Ord. to amend Sections 6-102, 6-103 and 21-5 of the Omaha Municipal Code; to
create a new section; to permit dogs to run or be at large in areas designated as "off
leash" dog areas; to repeal Sections 6-102, 6-103, and 21-5 as heretofore existing;
and to provide an effective date - over from 12/23/97 - see attached. ((PUBLIC
HEARING HELD 12/16/97 - CAN BE PASSED TODAY))
✓Doc. #763 - Motion by Terry that the Ordinance be placed on file 2nd by Lo
Sub-motion by Koneck to lay over 16 wks. to 7/21/98 2nd by Lo
Sub-motion Carried 6-1 Yeas: Brown, Koneck, Kraft, Terry, Anzaldo, Lo
Nays: Herd
CONTINUED TO NEXT PAGE
- 5 -
• .
21. Ord. transferring funds from unencumbered appropriation balances in the 1998
Budget of the City of Omaha, in accordance with Section 5.10 of the Home Rule
Charter of the City of Omaha, 1956, as amended, to provide supplemental
appropriations for personal services accounts of various departments and divisions;
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 3/24/98 - CAN BE PASSED
TODAY))
Doc. # 766 - ORDINANCE # 34506 PASSED Carried 7-0
22. Ord. in accordance with Home Rule Charter Section 5.17 to approve a contract
involving payment of money from appropriations of more than one year; to approve
a lease with Westside Community Schools, School District No. 66, for Police
Department training space at the Westside Community Education Center; and to
provide an effective date immediately upon passage - see attached. ((PUBLIC
HEARING HELD 3/24/98 - CAN BE PASSED TODAY))
t/6oc. # 767 - ORDINANCE # 34507 PASSED Carried 7-0
23. Ord. amending Ordinance No. 34019, approved by the City Council on October 8,
1996, which approved an Agreement between the City of Omaha and Catholic
Charities of the Archdiocese of Omaha, Inc., a Nebraska Non-profit Corporation
(formerly known as United Catholic Social Services, Inc.), for conveyance of
property acquired by the City and construction of improvements in the Campus for
Hope Redevelopment Area at 17th and Nicholas Streets, and providing an effective
date - see attached. ((PUBLIC HEARING HELD 3/24/98 - CAN BE PASSED
TODAY)) •
iDc. # 768 ORDINANCE # 34508 PASSED Carried 6-1 Yeas: Herd,
Konec• , --ft, Terry, Anzaldo, Lo Nays: Brown
24. Ord. amending Ordinance No. 34305, approved by the City Council on September
9, 1997, which approved an Agreement between the City of Omaha and Catholic
Charities of the Archdiocese of Omaha, Inc., a Nebraska Non-profit Corporation
(formerly known as United Catholic Social Services, Inc.), for conveyance of
property acquired by the City and construction of improvements in the Campus for
Hope Redevelopment Area at 17th and Nicholas Streets, and providing an effective
date - see attached. ((PUBLIC HEARING HELD 3/24/98 - CAN BE PASSED
TODAY))
Doc. # 769 - ORDINANCE # 34509 PASSED Carried 6-1 Yeas: Herd,
Koneck, Kraft, Terry, Anzaldo, Lo Nays: Brown
CONTINUED TO NEXT PAGE
- 7 -
•
28. Ord. to name the baseball field located in Lynch Park in honor of Chip Bowley; and
to provide an effective date hereof- see attached. ((PUBLIC HEARING TODAY))
V Doc. # 773 - Over to 4/7/98
"PURSUANT TO CITY COUNCIL RULE VII E,
AGENDA ITEMS NO. 29 THROUGH 30
SHALL BE LAID OVER TWO WEEKS
FOR PUBLICATION AND PUBLIC HEARING"
LEASE
29. Res. that the request of SBA, Inc., for permission to construct a communication
tower located at 3110 North 102nd Street, Omaha, Nebraska, be and hereby is
approved, and the Permits and Inspection Division is directed to issue the
necessary permit therefor, contingent upon continued compliance with all
requirements made and provided by law - see attached. •
Doc. # 774 - Over 2 wks. to 4/14/98 for publication and Public Hearing
pursuant to City Council Rule VII E
(a) Permits and Inspections transmits the request of SBA, Inc., for
permission to construct a communication tower, located at 3110 North
102nd Street, Omaha, Nebraska. The Planning Department and the
Fire Department recommend approval of this request - see attached.
i/ # 774 - Over to 4/14/98
SPECIAL USE PERMIT - BROADCAST TOWER
30. Res. that the Special Use Permit application for permission to allow Broadcast
Tower with a waiver of the height restriction in a CC-Community Commercial
District, located at 3110 North 102nd 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. # 775 - Over 2 wks. to 4/14/98 for publication and Public Hearing
pursuant to City Council Rule VII E
CONTINUED TO NEXT PAGE
- 9 -
35. Res. that the Amendment to the Agreement between the City of Omaha and Energy
Systems Company, dated March 7, 1967, to provide for the connection of the First
National Bank Operations/Technology Service Center on 16th Street north of
Capitol Avenue to the steam and chilled water lines is approved - see attached.
+/ Res. # 780 -Adopt Carried 7-0
36. Res. that, as recommended by the Mayor, the attached Amendment to the
Agreement approved by the City Council on May 20, 1997, by Resolution No. 1369,
between the City of Omaha and Kellom East Limited Partnership, a Nebraska
Limited Partnership, Assignee of Omaha Economic Development Corporation, a
Nebraska Non-profit Corporation, 2221 North 24th Street, Omaha, Nebraska
68110, allowing the City's lien to be in a third position during construction
subordinate to amounts not to exceed $502,660.00; and, following completion of
construction and repayment of the construction loans, the City's lien would move to
a second position subordinate to an amount not to exceed $125,000.00 for the
remaining term of the loan, is hereby approved - see attached.
Res. # 781 -Adopt Carried 6-1 Yeas: Brown, Herd, Kraft, Terry, Anzaldo,
Lo Nays: Koneck
37. 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 1998 Omaha General Fund No. 001, Agency No.
180, Organization No.. 1810 - see attached.
es. # 782 - Adopt Carried 6-1 Yeas: Herd, Koneck, Kraft, Terry,
Anzaldo, Lo Nays: Brown
38. Res. that, as recommended by the Mayor, HGM Associates Inc. will provide
professional services for the Spring Lake Park Golf Clubhouse in Spring Lake Park
and the attached Professional Services Agreement, which is incorporated herein by
this reference, is hereby approved. Funds not to exceed a fee of$39,784.00; which
includes reimbursable expenses in an amount not to exceed $1,250.00, shall be
paid from Golf Capital Fund 510, Agency 120, Organization 1255 and Activity 2207.
The Finance Department is authorized to pay for the costs of this project from these
accounts - see attached.
✓ Res. # 783 -Adopt Carried 7-0
- 11 -
42. CLASS "C" - Media Luna, Inc., dba "Fowler's Pub", 2014 "Q" Street. New
application, old location. Present licensee is Leon, Inc., dba "Fowler's Pub", 2012-
14 "Q" Street - see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
D
Doc. # 788 - Read
k./Doc. # 789 - Motion to amend the application from a Class "C" Liquor
License to a Class "I" Liquor License Carried 7-0
Vcoc. # 790 - Motion to lay over 1 wk. to 4/7/98 Carried 7-0
(a) Communication from Vincent P. Sutera, attorney for Media Luna,
Inc., dba "Fowler's Pub", 2014 "Q" Street, regarding their
application for a Class "C" Liquor License.
t./# 790 - Over to 4/7/98
(b) Communication from Father Damian Zuerlein, Pastor, Our Lady of
Guadalupe Church, supporting the application of Media Luna, Inc.
for a liquor license at 2014 "Q" Street.
/ # 790 - Over to 4/7/98
43. CLASS "I" - Life VCenters Q Street, Inc., General Partner, dba "Prairie Life
Center", 8525 "Q" Street. New application, new location. Property posted:
3/23/98; notification sent: 3/19/98 - see attached. ((YOU HAVE YOUR
HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO
ADOPT A RESOLUTION EITHER TO GRANT OR DENY))
/Res. # 791 - Grant Carried 7-0
44. PACKAGE - Hy-Vee, Inc., dba "Drug Town", 8401 North 30th Street. New
application, old location. Present licensee is Florence Drug, Inc., dba "Florence
Drug", 8401 North 30th Street - see attached. ((YOU HAVE YOUR HEARING
ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A
RESOLUTION EITHER TO GRANT OR DENY))
✓Doc. # 792 - Read
s.,# 794 - Grant as Amended Carried 7-0
(a) Communication from Susan Bogard representing Hy-Vee, Inc., dba
"Drug Town", amending manager application to correct a name -
see attached.
/Doc. # 793 -Approve Carried 7-0
- 13 -
50. St. Bernard's Church, 3604 North 65th Street, requests permission for a Special •
Designated License for a church carnival on April 26, 1998, from 12:00 o'clock noon
to 6:30 P.M. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO
APPROVE))
V Doc. # 801 -Approve Carried 6-0
51. NLCC notifies that Northern Food Sales, Inc., dba "Florence Food Mart", 9516
Calhoun Road, has elected payment of fine in lieu of closing - see attached.
((MOTION NEEDED TO RECEIVE AND PLACE ON FILE))
✓Doc. # 802 - Motion to receive and place on file Carried 7-0
"PURSUANT TO CITY COUNCIL RULE VII C,
THE PUBLIC HEARINGS ON AGENDA ITEMS NO. 52 THROUGH 58
SHALL BE HELD ON THE SECOND READING."
ORDINANCES ON FIRST READING
52. Ord. providing for the sale of City owned surplus property; to provide that
notwithstanding Article III, Chapter 27 of the Omaha Municipal Code to the contrary,
the City is authorized to accept and receive the offer of Greater St. Paul Ministries,
Inc., to purchase the real property commonly known as 2029 Miami Street, for a
sum of$100.00, and to provide the effective date hereof- see attached
/Doc. # 804 - Hearing 4/7/98
53. Ord. providing for the sale of a City owned surplus real property; to provide that
notwithstanding Article III, Chapter 27 of the Omaha Municipal Code to the contrary,
the City is authorized to accept and receive the offer of Housing And Neighborhood
Developers, Inc., to purchase the real property commonly known as 3510 Lafayette
Avenue, for a sum of $100.00; and to provide the effective date hereof - see
attached.
/Doc. # 805 - Hearing 4/7/98
- 15 -
EXECUTIVE SESSION
59. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
Adjourned: 3:45 P.M.
DOCUMENTS ARE AVAILABLE FOR PUBLIC INSPECTION
IN THE CITY CLERK'S OFFICE
ALL REQUESTS FOR SIGN LANGUAGE INTERPRETERS (SIGNERS)
WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE.
IF ALTERNATIVE FORMATS ARE NEEDED,
ALL REQUESTS WILL REQUIRE A MINIMUM OF 72 HOURS ADVANCE NOTICE.
PLEASE NOTIFY SANDRA L. MOSES -444-5554, IF ARRANGEMENTS NEED TO BE MADE.
* * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * *
- 17 -
ADDITIONAL LIQUOR
63. Montessori Parents' Co-op for Children, Inc., 2326 South 14th Street, requests permission
for a Special Designated License for a fundraiser at College of St. Mary, 1902 South 72nd
Street, on April 4, 1998, from 7:00 P.M. to 12:00 o'clock midnight - see attached.
((MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
voc. #803 -Approve Carried 7-0
. "PURSUANT TO CITY COUNCIL RULE VII C,
THE PUBLIC HEARING ON AGENDA ITEM NO. 64
SHALL BE HELD ON THE SECOND READING."
ORDINANCE ON FIRST READING
64. Ord. creating an advisory committee for the Logan Fontenelle housing site pursuant to
Section 4.08 of the Home Rule Charter of the City of Omaha; and, providing for an effective
date. ((SEE FOLDERS))
Doc. # 813 - Hearing 4/7/98
DOCUMENTS ARE AVAILABLE FOR PUBLIC INSPECTION
IN THE CITY CLERK'S OFFICE
ALL REQUESTS FOR SIGN LANGUAGE INTERPRETERS (SIGNERS)
WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE.
IF ALTERNATIVE FORMATS ARE NEEDED,
ALL REQUESTS WILL REQUIRE A MINIMUM OF 72 HOURS ADVANCE NOTICE.
PLEASE NOTIFY SANDRA L. MOSES -444-5554, IF ARRANGEMENTS NEED TO BE MADE.
* * * * * * * * * * * * * * * *
- 19 -