1996-04-23j 7► -44
"CORRECTED"
CITY COUNCIL AGENDA FOR APRIL 23. 1996
LEGISLATIVE CHAMBERS - 2:00 P.M.
ROLL CALL
1. City Clerk calls the roll.
Doc. # 996 - Present: Council, Koneck, Lo, Takechi, Anzaldo, Christensen,
Mr. President
2. Pledge of Allegiance.
3. Invocation by Councilmember Brenda Council of District No. 2.
CERTIFICATION OF PUBLICATION
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of
Omaha on April 19, 1996, notice re: Pre-Council and Regular City Council
Meetings, April 23, 1996.
Doc. # 997 - From Chair on File
RESOLUTION
5. Res. that the Mayor and the City Council on behalf of itself and the citizens of
Omaha hereby honor the memory and the contributions that Paul deFreese made
• to the City of Omaha and the State of Nebraska. ((SEE FOLDERS))
Res. # 998 -Adopt Carried 7-0
LIQUOR
6. CLASS "C" - DBJ, Inc., dba "D & B's Corner", 3201 South 24th Street. New
application, old location, present licensee Steven James Kopeck, 3201-03 South
24th 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. # 999 - Grant Carried 6-0
1
i
( 7. CLASS "I" - J.S. Ventures, Inc., dba "Applebee's Neighborhood Grill & Bar", 13208
( West Maple Road. New application, new location. Property posted: 4/15/96.
Notified: 4/17/96 - see attached. ((YOU HAVE YOUR HEARING ON THE
( APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
( EITHER TO GRANT OR DENY))
( Res. # 1000 - Grant Carried 6-0
(
( (a) Document submitted by the City Clerk re: liquor licenses in the
( vicinity of 13208 West Maple Road. ((SEE FOLDERS))
(
(
( # 1000 - From Chair on File
8. CLASS "I" - McNeill Hotel Co., Inc., dba "Residence Inn Omaha", 6990 Dodge
Street. New application, old location, present licensee Residence Inn by Marriott,
Inc., dba "Residence Inn Hotel", 6990 Dodge 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. # 1001 - Grant Carried 6-0
9. CLASS "I" -Volume Services, Inc., 1202 Bert Murphy Drive. New application, old
location, present licensee Volume Services, Inc., d/b/a "Rosenblatt Stadium", 1202
Bert Murphy Drive. Change of Stockholders - see attached. ((YOU HAVE YOUR
HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT
A RESOLUTION EITHER TO GRANT OR DENY))
Res. # 1002 - Grant Carried 6-0
( 10. PACKAGE - Caps, Inc., dba "Caps", 2615 South 90th Street. New application, old
( location, present licensee Quik Pik Investment Company, 2615 South 90th 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. # 1003 - Read
Doc. # 1004 - Motion to amend the Application to change the trade name to
( Caps, Inc., dba "Quik Pik" Carried 6-0
( Res. # 1005 - Grant as Amended Carried 6-0
(
CONTINUED TO NEXT PAGE
(
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(a) Communication from Larry W. Morten, attorney for the incorporation
( of Caps, Inc., dba "Caps", 2615 South 90th Street, for a Package
( Liquor License, etc.
(
( # 1003 - Read
( # 1005 - From Chair on File
11. CLASS "K" (WINE OFF SALE) LICENSE - Buck's, Inc., dba "M & N Convenience
Store", 107 South 40th Street. New application, new location. Applicant presently
holds an Off Sale Beer License at this location. Property posted: 4/12/96. Notified:
4/15/96 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION
BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO
GRANT OR DENY))
Doc. # 1006 - Motion by Christensen to suspend City Council Liquor Rules
2nd by Council
Sub-motion by Anzaldo to lay over 1 wk. to 4/30/96 2nd by Lo
Sub-motion Carried 7-0
12. BFM Liquor, 6800 Mercy Road, Suite 302, requests permission for a Special
Designated License for a Dinner and Cash Bar for Jon Christensen for Congress,
at the Scoular Building, 2027 Dodge Street, on April 28, 1996 from 7:00 P.M. to
9:00 P.M. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO
APPROVE))
Doc. # 1007 -Approve Carried 7-0
13. Ord. to waive the limitations of Omaha Municipal Code Section 15-2 pertaining to
the sale of beer before 12:00 noon on Sunday; to authorize sale of beer
commencing at 11:00 a.m. on the licensed premises of Leisure Lanes, Inc., 4811
"L" Street, on Sunday, May 5, 1996; and to provide the effective date hereof- see
attached. ((PUBLIC HEARING HELD 4/16/96 - CAN BE PASSED TODAY))
Doc. # 1008 - ORDINANCE # 33864 PASSED Carried 7-0
14. Leisure Lanes, Inc., 4811 "L" Street, requests permission for a Special Designated
License for the Cinco de Mayo Festival, on May 5, 1996 from 11:00 A.M. to 6:00
P.M. -see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Doc. # 1009 - Approve Carried 7-0
- 3 -
15. Buford Foundation, Inc., 11313 Chicago Circle, requests permission for a Special
Designated License for"A Sixties Sockhop", music and dancing, at 3457 South 84th
Street, on May 18, 1996 from 8:00 P.M. to 11:00 P.M. - see attached. ((MOTION
NEEDED TO APPROVE OR NOT TO APPROVE))
Doc. # 1010 -Approve Carried 7-0
CONDEMNATION -APPEALS
( 16. John R. Koch appeals the condemnation of a 2 story dwelling, 1,128 square feet,
located at 4732 North 36th Avenue as set forth in Section 43-38 Appeal Procedure
( of Division 4 of Unsafe Buildings of General Ordinance of the City of Omaha - over
from 2/27/96 - see attached.
(
Doc. # 1011 - Motion to lay over 2 wks. to 5/7/96 Carried 7-0
(
(( (a) Pictures submitted by Ken Taylor, Planning Department, re:
condemnation appeal of the property located at 4732 North 36th
( Avenue - over from 2/27/96.
(
(
( # 1011 - Over to 5/7/96
(
(
(
(b) Report from the City Clerk, re: Condemnation appeal hearing of
( February 26, 1996, on property located at 4732 North 36th Avenue -
( see attached.
( # 1011 - Over to 5/7/96
(
(
(
( (c) Pictures submitted by Ken Taylor, Planning Department, re:
( condemnation appeal of the property located at 4732 North 36th
( Avenue.
( # 1011 - Over to 5/7/96
(
-4 -
( 17. John Koch appeals the condemnation of a 2 story, wood frame dwelling, 1,555
( square feet, located at 3010 Fowler Avenue, as set forth in Section 43-38 Appeal
Procedure of Division 4 of Unsafe Buildings of General Ordinance of the City of
( Omaha - see attached.
(
Doc. # 1012 - Motion to lay over 2 wks. to 5/7/96 Carried 7-0
( (a) Pictures submitted by Ken Taylor, Planning Department, re:
( condemnation appeal of the property located at 3010 Fowler Avenue.
(
(
( # 1012 - Over to 5/7/96 _
( 18. David Lawrence appeals the condemnation of a 1 story, wood frame dwelling, 1,792
square feet, located at 1121 Kavan Street, as set forth in Section 43-38 Appeal
( Procedure of Division 4 of Unsafe Buildings of General Ordinance of the City of
( Omaha - see attached.
(
( Doc. # 1013 - Motion by Lo to sustain the condemnation LOST for lack of
a 2nd
( Motion to sustain the condemnation and deny the appeal Carried 7-0
( (a) Pictures submitted by Ken Taylor, Planning Department, re:
condemnation appeal of the property located at 1121 Kavan Street.
( # 1013 - From Chair on File
RESOLUTIONS RE: PRELIMINARY PLATS. PLATS & SUBDIVISION AGREEMENTS
( 19. Res. that the preliminary plat entitled BEAVERS ADDITION, along with the attached
conditions, is hereby accepted; and, the preparation of the final plat of this
( subdivision is hereby authorized; Southwest of 87th and Burt Streets - Inside City -
( over from 4/9/96 - see attached. ((PUBLIC HEARING HELD 4/9/96 - CAN BE
( ADOPTED TODAY))
(
Doc. # 1014 - Motion to lay over 2 wks. to 5/7/96 Carried 7-0
(
(
(
( CONTINUED TO NEXT PAGE
(
(
- 5 -
( (a) Planning Board and Planning Department recommend approval of the
Preliminary Plat of BEAVERS ADDITION; Southwest of 87th and Burt
( Streets - Inside City - over from 4/9/96 - see attached.
(
( # 1014 - Over to 5/7/96
(
(b) Communication from Freda M. Vassell, 520 North 86th Street,
( opposing the Plat of Beavers Addition, located Southwest of 87th and
( Burt Streets - over from 4/9/96 - see attached.
(
( # 1014 - Over to 5/7/96
(
(c) Communication from John M. Kottmann, P.E., Thompson, Dreessen
( & Dorner, Inc., representing the developer of Beavers Addition
( located southwest of 87th and Burt Streets, requesting that the
( resolutions approving the preliminary and final plats of Beavers
Addition be laid over two weeks to May 7, 1996.
( # 1014 - From Chair on File
(
(
( 20. Res. that the replat transmitted herewith entitled BEAVERS ADDITION, is hereby
approved; and concurrently a portion of the existing plat entitled Pierson's
( Subdivision, and described on said replat, is hereby vacated; Southwest of 87th and
( Burt Streets - over from 4/9/96 - see attached. ((PUBLIC HEARING HELD 4/9/96 -
( CAN BE ADOPTED TODAY))
(
Doc. # 1015 - Motion to lay over 2 wks. to 5/7/96 Carried 7-0
( (a) Planning Board and Planning Department recommend approval of the
( Final Plat of BEAVERS ADDITION; Southwest of 87th and Burt
(
Streets - Inside City - over from 4/9/96 - see attached.
( # 1015 - Over to 5/7/96
(
( 21. Res. that the Subdivision Agreement between the City of Omaha and Primary Care
( Resources, Inc., 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 Beavers Addition which will be
( located Southwest of 87th and Burt Streets - over from 4/9/96 - see attached.
( ((PUBLIC HEARING HELD 4/9/96 - CAN BE ADOPTED TODAY))
(
Doc. # 1016 - Motion to lay over 2 wks. to 5/7/96 Carried 7-0
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•
( 22. Res. that the preliminary plat entitled REGENCY PARK VISTA (a- cluster
subdivision), along with the attached conditions, is hereby accepted; and, the
( preparation of the final plat of this subdivision is hereby authorized; South of West
( Dodge Road at 98th Street- Inside City-over from 4/9/96 for publication and Public
( Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE
( ADOPTED TODAY))
(
Res. # 1017 - Adopt Carried 6-1 Yeas: Council, Koneck, Lo, Takechi,
( Anzaldo, Christensen Nays: Terry
( (a) Planning Board recommends approval of the Preliminary Plat of
REGENCY PARK VISTA (a cluster subdivision); South of West
( Dodge Road at 98th Street - Inside City - over from 4/9/96 - see
( attached.
(
( # 1017 - From Chair on File
( (b) Planning Department recommended to the Planning Board that the
( Preliminary Plat of REGENCY PARK VISTA (a cluster subdivision) be.
laid over; South of West Dodge Road at 98th Street- over from 4/9/96
( - see attached.
(
( # 1017 - From Chair on File
(
(( (c) Communication from Lee A. Harker, M.D., 9711 Nottingham Drive,
opposing the rezoning project located at 97th and West Dodge Road,
( etc. - see attached.
(
( # 1017 - From Chair on File
( (d) Communication from Sarah Scalzo, 312 North 96th Street, supporting
( the proposed development entitled Regency Park Vista; South of
West Dodge Road at 98th Street - see attached.
( # 1017 - From Chair on File
(
(e) Several communications opposing the proposed preliminary plat
( entitled Regency Park Vista located South of West Dodge Road at
( 98th Street.
(
( # 1017 - From Chair on File
(
CONTINUED TO NEXT PAGE
( - 7 -
(
(
( (f) Petition opposing a cluster subdivision of the property located South
( of West Dodge Road at 98th Street.
(
(
( # 1017 - From Chair on File
(
* * * * * * * * * * * * * * * * * * * *
RECESS
( Doc. # 1018 - Motion by Council that the City Council Meeting be at Recess 2nd
by Terry Carried 7-0
(
( Doc. # 1019 - Roll Call after Recess at 4:53 P.M.
(
( Present: Council, Lo, Takechi, Anzaldo, Christensen, Mr. President
( Absent: Koneck
* * * * * * * * * * * * * * * * * * * *
( 23. Res. that the preliminary plat entitled THE RESERVE (a cluster subdivision), along
with the attached conditions, is hereby accepted; and, the preparation of the final
( plat of this subdivision is hereby authorized; Southwest of 168th Street and Ontario
( Plaza - Inside City - over from 4/9/96 for publication and Public Hearing - had
( publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED
TODAY))
(
( Res. # 1020 - Adopt Carried 7-0
(
(
(
(a) Planning Board and Planning Department recommend approval of the
( Preliminary Plat of THE RESERVE (a cluster subdivision); Southwest
( of 168th Street and Ontario Plaza - Inside City - over from 4/9/96 -
( see attached.
( # 1020 - From Chair on File
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ORDINANCES ON FINAL READING
24. Ord. to amend Article II of Chapter 16 of the Omaha Municipal Code dealing with
Motor Vehicles by adding thereto new Sections numbered 16-32 to 16-36; to
provide that the owners or managers of multi-family residential dwellings having
more than four (4) units must obtain the completion of a motor vehicle registration
form from the tenants of such unit upon the initiation or renewal of any lease; to
provide for the distribution, use, and filing of such forms; and to provide for the
effective date hereof - over from 3/19/96 - see attached. ((PUBLIC HEARING
HELD 11/7/95 - CAN BE PASSED TODAY))
Doc. # 1021 - Motion to place on file Carried 7-0
( 25. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning
employment classifications by adding thereto a new employment classification
( entitled Compliance Specialist; to repeal Section 23-177 as heretofore existing; and
( to provide the effective date hereof - see attached. ((PUBLIC HEARING HELD
4/16/96 - CAN BE PASSED TODAY))
Doc. # 1022 - Motion to return the ordinance to the Personnel Department
with the three described recommendations Carried 7-0
( (a) Documents submitted by Joe Mangiamelli, ASD Director, re:
Compliance Specialist position - over from 4/16/96 - see attached.
( # 1022 - From Chair on File
( (b) Communication from Joe Mangiamelli, ASD Director, re: Compliance
Specialist position creation, etc.
# 1022 - From Chair on File
26. Ord. approving an Interlocal Agreement between the City of Omaha and Sarpy
County 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 Sarpy County to dispose of
'grit and screened solids for 1996 through 1998; to authorize the reimbursements
to be paid from a specific account; and to provide an effective date hereof - see
attached. ((PUBLIC HEARING HELD 4/16/96 - CAN BE PASSED TODAY))
Doc. # 1023 - ORDINANCE # 33865 PASSED Carried 7-0
- 9 -
( 27. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described properties located in an area generally defined by
( Binney Street on the north, 60th Street on the east, Maple Street on the south and
( 61st Street on the west, for acquisition, relocation as appropriate, and subsequent
( use as a site for an expansion of the Benson Library and Recreation Center;
( provided that as to each specified parcel which cannot be obtained by negotiation,
proceedings in eminent domain be undertaken and completed; and, providing for
( the effective date hereof- see attached. ((PUBLIC HEARING HELD 4/16/96 - CAN
( BE PASSED TODAY))
(
( Doc. # 1024 - ORDINANCE # 33866 PASSED Carried 7-0
(
( (a) Amendment requested by Councilmember Koneck. ((SEE
FOLDERS))
# 1024 - From Chair on File
( (b) Picture submitted by Virginia Williams re: acquisition of property for
( the expansion of the Benson Library, etc. - over from 4/16/96.
(
( # 1024 - From Chair on File
(
( (c) Document submitted by George Eklund re: Benson Library, etc. - see
( attached.
(
( # 1024 - From Chair on File
(
( (d) Communication from James R. Thele, Real Property Manager,
( Planning Department, re: Benson Library/Recreation Center -
( Acquisition, relocation, demolition estimates.
( # 1024 - From Chair on File
( (e) Communications supporting the improvements to the Benson Library
( and Community Center, etc.
(
( # 1024 - From Chair on File
(
(f) Communication from James E. Bachman, attorney representing The
Tobacco Hut, re: Benson Library expansion, etc.
( # 1024 - From Chair on File
(g) Communication from Lon Dickerson, Library Director, re: library
( staffing and hours of opening, etc.
( # 1024 - From Chair on File
(
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28. Ord. providing for the sale of a City owned Urban Homestead 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 Holy Name
Housing Corporation, 3014 North 45th Street, Omaha, NE, to purchase the real
property described as Lot 161, Kenwood Addition to the City of Omaha, as
surveyed, platted and recorded in Douglas County, Nebraska, and 1/2 vacated alley
adjoining on the east, commonly known as 3341 North 38th Street, for a sum of
$1.00 and to provide the effective date hereof- see attached. ((PUBLIC HEARING
HELD 4/16/96 - CAN BE PASSED TODAY))
Doc. # 1025 - ORDINANCE # 33867 PASSED Carried 7-0
29. Ord. to approve the execution of an agreement between the City of Omaha, a
municipal corporation, and Physio-Control International Corporation, a Delaware
corporation with its principal place of business at 11811 Willows Road Northeast,
Redmond, Washington 98073, involving the payment of money from appropriations
of more than one year in accordance with Section 5.17 of the Home Rule Charter
of the City of Omaha, 1956, as amended; to provide for the City to pay an
aggregate cost of thirty-nine thousand nine hundred sixty dollars ($39,960.00) in
equal annual installments of thirteen thousand three hundred twenty dollars
($13,320.00) to begin on March 1, 1996 and expire on February 28, 1999 for
maintenance and service to City Fire and Rescue Medic Equipment; and to provide
the effective date hereof-see attached. ((PUBLIC HEARING HELD 4/16/96 - CAN
BE PASSED TODAY))
Doc. # 1026 - ORDINANCE # 33868 PASSED Carried 7-0
ORDINANCES ON SECOND READING
30. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of constructing storm sewer improvements in the
area between 73rd Street and 74th Street, from Decatur Street to Blondo Street;
and on Cole Creek Drive, from Hamilton Street to Hillside Drive, identified as Storm
Sewer 5148; providing that the City negotiate with the property owners for land
acquisition, permanent easements and temporary construction easements;
providing that as to each specified parcel which cannot be obtained by negotiation,
condemnation proceedings be undertaken and completed; and, providing for the
effective date hereof- see attached. ((PUBLIC HEARING TODAY))
Doc. # 1027 - Over to 4/30/06
- 11 -
( 31. Ord. to amend Section 10-245 of the Omaha Municipal Code pertaining to
( reimbursement of employee and official expenses; to increase the amount of
( reimbursable mileage for out-of-town travel from 26 cents per mile to 29 cents per
mile; to repeal Section 10-245.as heretofore existing; and to provide an effective
( date - see attached. ((PUBLIC HEARING TODAY))
( Doc. # 1028 - Over to 4/30/96
(
(
( (a) Amendment of the Whole requested by Councilmember Council.
(
( # 1028 - Over to 4/30/96
32. Ord. approving a redevelopment and tax increment financing loan agreement with
Frank R. Krejci, 3322 North 107th Street, Omaha, Nebraska 68134, for the
development of a 198,000 sq. ft. operations facility for First Data Resources Inc., to
be located at 805 Crown Point Avenue - see attached. ((PUBLIC HEARING
TODAY))
Doc. # 1029 - Over to 4/30/96
33. Ord. approving a redevelopment and tax increment financing loan agreement with
the Rivergate Apartments L.P., 2502 South 97th Avenue, for the implementation of
the renovation of the historic Skinner Manufacturing Building located at 1323
Jackson Street - see attached. ((PUBLIC HEARING TODAY))
Doc. # 1030 - Over to 4/30/96
34. Ord. approving a redevelopment and tax increment financing loan agreement with
the Drake-Williams Steel, Inc., 2301 Hickory Street, for the implementation of the
Redevelopment Plan that was approved by the City Council on February 27 for the
renovation and expansion of the Drake-Williams Steel North Plant located at 1602
North 11th Street - see attached. ((PUBLIC HEARING TODAY))
Doc. # 1031 - Over to 4/30/96
35. Ord. approving a Supplement to the Agreement between the City of Omaha and
Hassel Realty Company, later assigned to Vinton/Park School Apartments Limited
Partnership, authorized by Ordinance 31807, dated May 23, 1989, which authorized
City funding for the rehabilitation of Vinton School to a residential use. The
Supplement authorizes the Mayor, or his designee, to execute a Partial Release of
Redevelopment Agreement and Partial Release of Covenants as they relate to the
subject property; and provide an effective date thereof- see attached. ((PUBLIC
HEARING TODAY))
Doc. # 1032 - Over to 4/30/96
- 12 -
36. Ord. approving the Redevelopment Agreement with Holy Name Housing
Corporation for the residential development of Fontenelle Estates Infill Housing
Project, 50th and Ruggles Streets, to complete construction of the remaining eight
houses and to allow the City to disburse the remaining funds in the amount of
$74,055.80, and providing for an effective date-see attached. ((PUBLIC HEARING
TODAY))
Doc. # 1033 - Over to 4/30/96
37. Ord. transferring funds from unencumbered appropriation balances in the 1995
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 for budget variances
where expenditures have exceeded appropriations during the 1995 Budget Year,
•
and to provide for establishing of reserves for encumbrances at the close of the
1995 fiscal year for the liquidation of the unpaid portions of contracts and other
evidences of valid obligations which the City shall have incurred during the year
1995 in accordance with Section 5.13(4) of the Home Rule Charter of the City of
Omaha, 1956, as amended, and to increase appropriations in the 1995 Budget,
General Fund Account, in accordance with Sections 5.13 and 5.14 of the Home
Rule Charter of the City of Omaha, 1956, as amended, 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 TODAY))
Doc. # 1034 - Over to 4/30/96
38. Ord. to approve the execution of an agreement between the City of Omaha, a
municipal corporation in Douglas County, Nebraska, and the Board of Regents of
the University of Nebraska, the University of Nebraska at Omaha, involving the
payment of money from appropriations of more than one year in accordance with
Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended;
to provide for the payment of thirty seven thousand five hundred dollars
($37,500.00) in four equal installments on July 1, 1996, January 1, 1997, July 1,
1997 and June 30, 1998; to fund the evaluation of the Omaha, Nebraska Weed and
Seed Phase IV, South Omaha expansion project; and to provide the effective date
hereof- see attached. ((PUBLIC HEARING TODAY))
Doc. # 1035 - Over to 4/30/96
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"PURSUANT TO CITY COUNCIL RULE VII E, •
AGENDA ITEM NO. 39
SHALL BE LAID OVER TWO WEEKS
FOR PUBLICATION AND PUBLIC HEARING"
SPECIAL USE PERMIT - BROADCAST TOWER
( 39. Res. that the Special Use Permit application for permission to allow a Broadcast
( Tower in an R3-Single Family Residential District (Medium-Density) with a waiver
( of Section 55-783(d) of the Municipal Code to allow excessive height, located
Southeast of 1-680 and Fort Street, Omaha, Nebraska, is hereby approved and the
Permits and Inspection Division is directed to issue the necessary permit therefor,
( provided the conditions set out in Exhibit "A of the above referenced application,
and all applicable local or state statutes, ordinances or regulations are complied
( with. That the proposed Special Use Permit has been reviewed and evaluated
( pursuant to, and meets each of, the criteria set forth in Section 55-885 of the
( Omaha Municipal Code - see attached.
( Doc. # 1036 - Over 2 wks. to 5/7/96 for publication and Public Hearing
( pursuant to City Council Rule VII E
(
(
(
( (a) Planning Board and Planning Department recommend approval of a
( Special Use Permit to allow a Broadcast Tower in an R3 District with
( a waiver of Section 55-783(d) of the Municipal Code to allow
( excessive height; Southeast of 1-680 and Fort Street - see attached.
(
( - # 1036 - Over to 5/7/96
* * * * * * * * * * * * •* * *
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RESOLUTIONS
(( MOTIONS ON RESOLUTIONS UNLESS OTHERWISE SPECIFIED SHOULD BE TO
(ADOPT) OR (NOT ADOPT) ))
( 40. Res. that the attached proposal of Omaha First Corp., Inc., to operate a keno—type
lottery main location at 8509-8511 North 30th Street, in Omaha, Nebraska,
( pursuant to and in accordance with its Lottery Operator's Agreement with the City
( of Omaha, should be, and hereby is, approved subject to continued compliance with
( the law, City Council Keno Location Criteria, and the Lottery Operator's Agreement.
( Further, that the portion of Keno Application Procedure number 4 requiring full
compliance with location criteria and Keno Location Criteria number 11, adopted
( March 24, 1992, shall not apply to the keno main location at 8509-8511 North 30th
( Street- over from 4/16/96 - see attached. ((PUBLIC HEARING HELD 4/2/96 AND
( 4/16/96 - CAN BE ADOPTED TODAY))
(
( Doc. # 1037 - Read
( Doc. # 1039 - Motion by Anzaldo to Adopt with the condition that they come
( into compliance with the ADA within 6 wks. 2nd by Lo
Res. # 1042 -Adopt as Amended with the condition that they come into ADA
( compliance within 6 wks. Carried 6-1 Yeas: Council, Koneck, Lo, Takechi,
Anzaldo, Christensen Nays: Terry
( (a) Amendment of the Whole requested by Councilmember Lo. ((SEE
( FOLDERS))
(
(
Doc. # 1038 - Motion by Lo to approve as amended with the
( understanding that the ADA compliance will be met within
( 6 wks. LOST for lack of a 2nd
(
( (b) Amendment requested by Councilmember Council. ((SEE
FOLDERS))
( Doc. # 1040 - Motion to amend the motion to approve the
( amendment Carried 7-0
(
(
(c) Amendment requested by Councilmember Lo.
( Doc. # 1041 - Motion by Lo to amend the motion to approve
( the amendment Carried 6-1 Yeas: Council, Koneck, Lo,
(
( Takechi, Anzaldo, Christensen Nays: Terry
CONTINUED TO NEXT PAGE
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( (d) Document submitted by W. E. Peffer re: the proposal of Omaha First
Corp., Inc. to operate a keno-type lottery main location at 8509-8511 .
( North 30th Street, etc. - over from 4/16/96 - see attached.
# 1042 - From Chair on File
(
(
(( (e) Communication from Frank E. Tierney, North Omaha property owner
and resident, opposing the proposal of Omaha First Corp., Inc. to
( operate a keno-type lottery main location at 8509-8511 North 30th
Street, etc. - over from 4/16/96 - see attached.
( # 1042 - From Chair on File
(
(
(f) Communication from Mele Mason, Mason Video, 9632 North 34th
( Street, stating concerns regarding the proposed keno parlor to be
( located on 30th Street in downtown Florence, etc.
(
( # 1042 - From Chair on File
(
(g) Documentation submitted by Jeffrey A. Silver, Attorney representing
( Omaha First Corp., re: support of their application to operate a keno-
( type lottery main location at 8509-8511 North 30th Street, etc.
(
# 1042 - From Chair on File
( (h) Communication from Frank E. Tierney re: keno-type lottery main
( location at 8509-8511 North 30th Street, etc.
(
(
( # 1042 - From Chair on File
(
( (i) Communication from Paul C. Acton, Owner, Leisure, Inc., re: Omaha
(( First Corporation, Inc. and their compliance with the written Lease
Agreement with Leisure Lanes, etc.
(
•( # 1042 - From Chair on File
( (j) Communication from the Planning Department re: Pefferoni's
(
( Pjzza/Keno, 8509-8511 North 30th Street.
(
# 1042 - From Chair on File
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41. Res. that the attached Grant Agreement with the State of Nebraska, Department of
Labor, is hereby approved for FY '96 - '97, Title II-A, 11-0 and II-C, Job Training
Plans, to provide training and employment for adults and youth. Funds in the
amount of$1,055,330 will be paid from JTPA Fund No. 199, Cost Center 5344 -see
attached.
Res. # 1043 -Adopt Carried 7-0
42. Res. that the attached Grant Agreement, as recommended by the Mayor, between
the City of Omaha and the State of Nebraska, Department of Labor, to provide
training and employment for dislocated workers and displaced homemakers, is
hereby approved. Funds in the amount of $200,209 will be paid from the JTPA
Fund No. 199, Title III, Dislocated Workers, Cost Center 5344 - see attached.
Res. # 1044 -Adopt Carried 7-0
( 43. Res. that Resolution No. 2216 creating Sidewalk District SWR 95-1(299) being the
east side of Oak Hills Drive between 122nd Street and Golfing Green Drive and the
( west side of Golfing Green Drive between "Q" Street and Oak Hills Drive is hereby
( repealed - see attached.
Res. # 1045 -Adopt Carried 7-0
( Doc. # 1063 - Suspend City Council Rules Carried 7-0
( Doc. # 1064 - Motion to reconsider Resolution # 1045 (Adopted 4/23/96)
( Carried 7-0
( Doc. # 1065 - Motion to lay over 1 wk. to 4/30/96 Carried 7-0
Doc. # 1066 - Reinstate City Council Rules Carried 7-0
( (a) Communication from Don Elliott, P.E., Public Works Director, re:
( sidewalks on Golfing Green Drive at Oak Hills Drive.
Doc. # 1045 - From Chair on File
(( Doc. # 1063 - Suspend City Council Rules Carried 7-0
Doc. # 1064 - Motion to reconsider Res. # 1045 (Adopted
( 4/23/96) Carried 7-0
Doc. # 1065 - Over to 4/30/96
( Doc. # 1066 - Reinstate City Council Rules Carried 7-0
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•
44. Res. that the Mayor be and hereby is authorized to sign and the City Clerk is
authorized to attest on behalf of the City of Omaha, the Agreement for asphalt
materials testing and inspection, between the City of Omaha and Great Plains
Testing Laboratories, Inc., for the 1996 Street Resurfacing Program; that the
Finance Department is authorized to pay the cost of the services provided,
estimated to be $150,000.00, from the Major Street Resurfacing Organization 1440,
Fund 102 - see attached.
Res. # 1046 -Adopt Carried 7-0
45. Res. approving the Contract with JJJ Builders, Inc., as recommended by the Mayor,
for SWR 96-1, being new sidewalk construction and sidewalk repair at various
locations within the city, to be paid from the Intersection Construction Organization
1446, Fund 319, in the amount of$66,977.50, and from the Special Assessments
Organization 1448, Fund 401, in the amount of$66,977.50 - see attached.
Res. # 1047 -Adopt Carried 7-0
46. Res. approving the Contract with JJJ Builders, Inc., as recommended by the Mayor,
for SWR 96-2, being new sidewalk construction and sidewalk repair at various
locations within the city, to be paid from the Intersection Construction Organization
1446, Fund 319, in the amount of$40,445.50, and from the Special Assessments
Organization 1448, Fund 401, in the amount of$40,445.50 - see attached.
Res. # 1048 -Adopt Carried 7-0
47. Res. that the Lease Agreement to allow TDS Properties, Inc. to build a retaining wall
in front of the property at 1420 Park Wild Avenue for the annual rent of $15.00 is
hereby approved - see attached.
Res. # 1049 - Adopt Carried 7-0
•
48. Res. that,the Program Agreement between the.City and the Douglas County Health
Department to delegate the testing of air quality, evaluate its compliance with Title
V standards, and to inform the City of their findings, is hereby approved; and, the
Finance Department is authorized to pay all costs and expenses out of the Title V
permit fees, Air Quality Control, Organization 1499, Fund 001 - see attached.
Res. # 1050 - Adopt Carried 7-0
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49. Res. authorizing the Purchasing Agent to issue a Purchase Order to DPC Industries
for the purchase of 350,000 gallons of sodium hypochlorite to be utilized for odor
control at the Missouri River Wastewater Treatment Plant in the amount of
$160,300.00 to be paid from the Missouri River Wastewater Treatment Plant
Operations Organization 1469, Fund 541 - see attached.
Res. # 1051 -Adopt Carried 7-0
50. Res. authorizing the Purchasing Agent to issue a Purchase Order to Van Waters &
Rogers for the purchase of approximately 300,000 pounds of liquid chlorine to be
utilized at the Papillion Creek Wastewater Treatment Plant and approximately
360,000 pounds to be utilized at the Missouri River Wastewater Treatment Plant,
to be paid from the Papillion Creek Wastewater Treatment Plant Operations
Organization 1468, Fund 541, in the amount of$43,500.00 and from the Missouri
River Wastewater Treatment Plant Operations Organization 1469, Fund 541, in the
amount of$52,200.00 - see attached.
Res. # 1052 - Adopt Carried 7-0
51. Res. authorizing the Purchasing Agent to issue a Purchase Order to DPC Industries
for the purchase of 25,000 gallons of sodium hydroxide to be utilized for odor
control at the Missouri River Wastewater Treatment Plant in the amount of
$24,950.00 to be paid from the Missouri River Wastewater Treatment Plant
Operations Organization 1469, Fund 541 - see attached.
Res. # 1053 -Adopt Carried 7-0
( 52. Res. that the City Council of the City of Omaha recommends to the Douglas County
Board of Commissioners the vacation of the northerly 33.35 feet of Birch Drive from
( 132nd Street east approximately 275.77 feet, pursuant to Exhibit "A", a copy of
( which is attached hereto and made a part hereof by this reference. Further, that the
( City Clerk is authorized to file a certified copy of this Resolution in the Office of the
( County Clerk - see attached.
( Res. # 1054 - Adopt Carried 7-0
(
( (a) Planning Board and Planning Department recommend approval of the
( vacation of the northerly 33.35 feet of Birch Drive from 132nd Street
east approximately 275.77 feet - Outside City - see attached.
( # 1054 - From Chair on File
- 19 -
53. Res. that the attached Agreement, as recommended by the Mayor, between the
City of Omaha and Holy Name Housing Corporation, (HNHC) a Nebraska Non-profit
Corporation, 3014 North 45th Street, authorizing a revolving loan fund to be used
by HNHC to construct and sell approximately twenty (20) housing units to low and
moderate income persons in the Kountze Park-Sacred Heart area bounded by 16th
Street on the east, 24th Street on the west, Maple Street on the south, and Pratt
Street on the north, is hereby approved. Funding in the amount of$325,968.65 was
authorized in the original Agreement approved March 31, 1992, Ordinance No.
32624, as amended December 7, 1993, Ordinance No. 33132, shall be payable
from Fund No. 193, Organizational No. 8320 - see attached.
Res. # 1055 -Adopt Carried 7-0
54. Res. that the attached Agreement as recommended by the Mayor, between the City
of Omaha and the League of Human Dignity, Inc., 5513 Center, Omaha, Nebraska
68106, in the amount of $98,700 for barrier removal services for the period from
January 1, 1996 through December 31, 1996 is hereby approved. Funds shall be
paid from the Community Development Block Grant Fund No. 193, Organization
Number 8317, Barrier Removal - see attached.
Res. # 1056 -Adopt Carried 7-0
55. Res. authorizing the Purchasing Agent to issue a purchase order to Aqua-Chem for
a price agreement for chemicals to be used in operating the City's pool system
during the 1996 season at an estimated cost of $37,235.00, payable from the
Building Services Division Fund 001, Organization 1025 - see attached.
Res. # 1057 - Adopt Carried 7-0
56. Res. that, the bid of $94,800.00 from Mainelli Mechanical Contractors, Inc., for
chiller replacement at Swanson Library, being the lowest and best bid received be
accepted and contract awarded; and, the Finance Department is authorized to pay
the cost of chiller replacement from the City Capital Improvement Fund 302,
Organization 1981 - see attached.
Res. # 1058 -Adopt Carried 7-0
- 20 -
57. Res. that as recommended by the Mayor, the bid of Bishop Building Services in the
amount of $67,950.30, which represents the base bid for janitorial services at
Rosenblatt Stadium being the lowest and best bid received within bid specifications,
which are incorporated herein by this reference, is hereby accepted, and the
attached Agreement is hereby approved. The Finance Department is authorized
to pay the cost of the janitorial services at Rosenblatt Stadium from the Stadium
Operations Fund 001, Agency 120, Organization 1266, Object 2499 - see attached.
Res. # 1059 -Adopt Carried 7-0
58. Res. that this Council approves the bid of Kustom Signals, Inc. in the amount of
$201,450.00 as the lowest and best bid for the purchase of fifty (50) patrol car
surveillance cameras, and directs the Purchasing Agent to issue the purchase
orders therefor; $50,000.00 will be paid from the 1995 General Fund No. 001,
Agency 132, Uniform Patrol Organization 1343, and $151,450.00 to be paid from
the Miscellaneous Contribution Trust Fund No. 106 - see attached.
Res. # 1060 -Adopt Carried 7-0
59. Res. that the appointment of Sherry Wright 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 May 1,
1996, and ending October 26, 1998, 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.
Res. # 1061 - Motion by Christensen to Adopt LOST for lack of a 2nd
Motion Not to Adopt Carried 3-3-1 Pass Yeas: Council, Koneck, Anzaldo
Nays: Takechi, Christensen, Terry Pass: Lo
Motion to Adopt Carried 4-3 Yeas: Lo, Takechi, Christensen, Terry Nays:
Council, Koneck, Anzaldo
( 60. Res. that, the City Council of the City of Omaha conduct a hearing for the purposes
of engendering public comment and discussion regarding the proposed smoking
( policy, and that said hearing be held on April 23, 1996 - see attached.
( Doc. # 1062 - Motion to place on file Carried 7-0
(
(a) Communications supporting the smoking ban in all City facilities, etc.
( # 1062 - From Chair on File
(
(
( CONTINUED TO NEXT PAGE
(
( - 21 -
(
( (b) Legal opinion submitted by Kent N. Whinnery, Deputy City Attorney,
re: No Smoking Policy at public events, etc.
( a # 1062 - From Chair on File
"PURSUANT TO CITY COUNCIL RULE VII D,
THE PUBLIC HEARINGS ON AGENDA ITEMS NO. 61 THROUGH 63
SHALL BE HELD ON THE THIRD READING"
ORDINANCES ON FIRST READING and Planning Board Attachments
( 61. Ord. to rezone from R1-Single Family Residential District (Large Lot) and
( GO-General Office District to GO-General Office District; Northeast of 96th and Burt
Streets.
Doc. # 1067 - Hearing 5/7/96
( (a) Planning Board and Planning Department recommend approval of a
request to rezone from R1 and GO to GO; Northeast of 96th and Burt
( Streets - see attached.
( # 1067 - Over to 5/7/96
(
( 62. Ord. to rezone from CC-Community Commercial District to R6-Low Density Multiple
Family Residential District; Northwest of 108th and Fort Streets.
Doc. # 1068 - Hearing 5R/96
( (a) Planning Board and Planning Department recommend approval of a
( request to rezone from CC to R6; Northwest of 108th and Fort Streets
( - see attached.
(
( # 1068 - Over to 5/7/96
(
( 63. Ord. to rezone from R6-Low-Density Multiple Family Residential District to LO-
( Limited Office District; 3909 North 142nd Avenue.
(
( Doc. # 1069 - Hearing 5/7/96
( (a) Planning Board and Planning Department recommend DENIAL of a
S request to rezone from R6 to LO; 3909 North 142nd Avenue - see
attached.
# 1069 - Over to 5/7/96
* * * * * * * * * * * * * * *
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"PURSUANT TO CITY COUNCIL RULE VII C,
THE PUBLIC HEARING ON AGENDA ITEMS NO. 64 THROUGH 69
SHALL BE HELD ON THE SECOND READING."
ORDINANCES ON FIRST READING
64. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of constructing a fire station to serve the northeast
sector of the City; providing that the City negotiate with the property owners for
acquisition of properties for these Public Safety facilities; providing that as to each
specified parcel which cannot be obtained by negotiation, condemnation
proceedings be undertaken and completed; and, providing the effective date hereof
- see attached.
Doc. # 1070 - Hearing 4/30/96
65. Ord. to amend Ordinance No. 33746 to declare the necessity of appropriating, for
the use of the City of Omaha, certain additional and hereinafter described vacant
and improved properties located in an area generally defined as a trail corridor
generally lying north of Pacific Street along either side of the West Branch of the
Papillion Creek south to Woodhaven Subdivision, for acquisition, relocation as
appropriate, and subsequent use as a site for implementing the Park and
Recreation Plan, provided that as to each specified parcel which cannot be obtained
by negotiation, proceedings in eminent domain be undertaken and completed; and
providing for the effective date hereof- see attached.
Doc. # 1071 - Hearing 4/30/96
66. Ord. to approve a contract between the City of Omaha, a municipal corporation in
Douglas County, Nebraska, and Site Response Services, Inc., a Nebraska
corporation with its principal place of business at 15410 West Center Road, Omaha,
Nebraska, 68144, to provide for immediate response to support the Omaha Fire
Department involved in emergency situations resulting from land, water and air
releases of hazardous materials, involving the payment of money from
appropriations of more than one year as provided in Section 5.17 of the Home Rule
Charter of the City of Omaha, 1956, as amended, for a period of two years, with
options for extension of the contract for two additional one year periods upon the
mutual consent of the parties, to provide funds from the Omaha Fire Department
Fund 001, Agency 131, Organization 1314, and to provide the effective date hereof
- see attached.
Doc. # 1072 - Hearing 4/30/96
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67. Ord. to amend certain portions of Special Levy Ordinance Nos. 9889, 9890, 9891
levying assessments for litter removal and/or weed abatement in the year 1995 by
repealing the assessments on 10 properties in various additions to the City of
Omaha, Douglas County, Nebraska - see attached.
Doc. # 1073 - Hearing 4/30/96
68. Special Ord. levying a special tax assessment for demolition of condemned
buildings or structures in accordance with Section 43-50 of the Omaha Municipal
Code on certain lots in the City of Omaha, Group No. 1994-4 - see attached.
Doc. # 1074 - Hearing 4/30/06
69. Special Ord. levying a special tax assessment for demolition of condemned
buildings or structures in accordance with Section 43-50 of the Omaha Municipal
Code on certain lots in the.City of Omaha, Group No. 199.5-1 - see attached.
Doc. # 1075 - Hearing 4/30/96
* * * * * * * * * * * * * * *
70. Ord. to approve a Development Agreement for property located Northwest of 108th
and Fort Streets between the City of Omaha and R.S. Land, Inc., providing for
public improvements in connection with construction of a 276 unit apartment
complex; and to provide for an effective date - see attached. ((MOTION NEEDED
TO SET THE PUBLIC HEARING ON THE THIRD READING ON MAY 7, 1996 TO
COINCIDE WITH THE REZONING))
Doc. # 1076- Motion to set the Public Hearing on the 3rd Reading on 5/7/96
to coincide with the rezoning Carried 7-0
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EXECUTIVE SESSION
71. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
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.
* * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * *
- 25 -
SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR APRIL 23. 1996
LEGISLATIVE CHAMBERS - 2:00 P.M. - PREPARED APRIL 22. 1996 AT 2:00 P.M.
RECONSIDERATION
72. Motion by Councilmember Anzaldo to reconsider Resolution No. 974, adopted
4/16/96, being Res. that the attached Cass Street Partnership Redevelopment Plan,
prepared by the Omaha City Planning Department, containing a provision for the
division of ad valorem taxes under Section 18-2147 through 18-2150, Revised
Statutes of Nebraska, be and hereby is approved as the.Redevelopment Plan for
Cass Street Partnership Redevelopment Area, located at the former Peony Park
site at 83rd and Cass Street, with roll call on 4/30/96.
Doc. # 1077 - Motion by Anzaldo to reconsider Res. #974 adopted 4/16/96 with roll
call on 4/30/96 2nd by Terry
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.
Adjourn: 7:15 P.M.
* * * * * * * * * * * * * * * *
- 26 -