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1996-09-10j 4 r "CORRECTED" CITY COUNCIL AGENDA FOR SEPTEMBER 10. 1996 LEGISLATIVE CHAMBERS - 2:00 P.M. ROLL CALL 1. City Clerk calls the roll. Doc. # 2364 - Present: Council, Koneck, Takechi, Anzaldo, Mr. President Absent: Christensen, Lo 2. Pledge of Allegiance. 3. Invocation by Councilmember Richard Takechi of District No. 5. CERTIFICATION OF PUBLICATION 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha on September 6, 1996, notice re: Pre-Council and Regular City Council. Meetings, September 10, 1996. Doc. # 2365 - From Chair on File INTRODUCTION 5. Lee Terry, President of the Omaha City Council, will recognize Mr. Jonas Bartkus of the City of Omaha's Sister City, Siauliai, Lithuania. TAX LEVY 6. Res. that pursuant to the provisions of Section 5.07 and Section 11.02 of the Home Rule Charter of the City of Omaha, 1956, the City Council hereby certifies to the County Clerk of Douglas County, Nebraska, the number of cents or fraction thereof which the City of Omaha desires to be levied on each One Hundred Dollars ($100) of actual valuation upon all taxable property within the limits of the City of Omaha for the year 1997 for the purposes as follows: 57.341 cents for the City of Omaha 1997 Budget, including 38.950 cents for General Fund purposes, 17.120 cents to provide for principal and interest payments on the indebtedness of the City of Omaha, nine hundred thirty thousandths (.930) of one cent for the satisfaction of judgments and litigation expenses in connection therewith, and three hundred forty one thousandths (.341) of one cent for the Riverfront Development project - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2366 -Adopt Carried 5-0 MAYOR'S VETO MESSAGE ( 7. Mayor's Veto Message - see attached. ( ( Doc. # 2367 - Over to later in the meeting ( Doc. # 2399 - Motion to override the Mayor's Veto LOST 4-3 Yeas: ( Council, Koneck, Lo, Takechi Nays: Christensen, Anzaldo, Terry ( ( ( (a) Ordinance No. 33957 - approving an Agreement with Creighton Saint Joseph Regional Health Care Systems, L.L.C., a Delaware limited ( liability company, for operation of the Operation Bridge Employee ( Assistance Program - see attached. ((PASSED AS AMENDED ( 8/20/96)) ( ( ( (b) Communication from Jo A. Cave!, Assistant City Attorney, re: legal status of Enterprise Zone Association, etc. ( # 2367 - Over to later in the meeting ( # 2399 - From Chair on File ( ( ( ( (c) Communication from Senator D. Paul Hartnett re: Enterprise Zone Association, etc. ( # 2367 - Over to later in the meeting ( # 2399 - From Chair on File ( ( 8. Mayor's Veto Message - see attached. ( ( ( Doc. # 2368 - Over to later in the meeting ( Doc. # 2400 - Motion to override the Mayor's Veto LOST 4-3 Yeas: ( Council, Koneck, Lo, Takechi Nays: Christensen, Anzaldo, Terry ( ( ( ( (a) Ordinance No. 33958 - approving an Agreement with Mercy Housing ( Midwest, a Nebraska non-profit corporation, 7262 Mercy Road, Omaha, Nebraska 68124 for operation of a transitional housing ( program and providing an effective date - see attached. ((PASSED ( AS AMENDED 8/20/96)) ( ( - 2 - ( 9. Mayor's Veto Message - see attached. Doc. # 2369 - Over to later in the meeting ( Doc. # 2401 - Motion to override the Mayor's Veto LOST 4-3 Yeas: ( Council, Koneck, Lo, Takechi Nays: Christensen, Anzaldo, Terry ( (a) Ordinance No. 33959 - approving an Agreement with Omaha 100, ( Inc., a Nebraska non-profit corporation for operation of a home ( financing preparedness project - see attached. ((PASSED AS ( AMENDED 8/20/96)) ( 10. Mayor's Veto Message - see attached. ( ( Doc. # 2370 - Over to later in the meeting ( Doc. # 2402 - Motion to override the Mayor's Veto LOST 4-3 Yeas: Council, Koneck, Lo, Takechi Nays: Christensen, Anzaldo, Terry ( (a) Ordinance No. 33960 - approving an Agreement with the Urban (( League of Nebraska, a non-profit corporation for operation of the Family Resource Center at 3040 Lake Street - see attached. ( ((PASSED AS AMENDED 8/20/96)) RECONSIDERATION ( 11. Ord. to rezone from DR-Development Reserve District and R4-Single Family ( Residential District (High-Density) to DR-Development Reserve District; Southeast of 180th and Pacific Streets - over from 8/27/96 for roll call on reconsideration. ( Doc. # 2372 - Roll Call on Reconsideration Carried 5-0 Doc. # 2377 - Motion to refer back to the Planning Department Carried 5-0 ( ( ( 12. Ord. to rezone from DR-Development Reserve District and R4-Single Family Residential District (High-Density) to R4-Single Family Residential District (High- ( Density); Southeast of 180th and Pacific Streets - over from 8/27/96 for roll call on ( reconsideration. (( Doc. # 2373 - Roll Call on Reconsideration Carried 5-0 Doc. # 2378 - Motion to refer back to the Planning Department Carried 5-0 ( ( CONTINUED TO NEXT PAGE ( - 3 - ( 13. Ord. to rezone from DR-Development Reserve District and R4-Single Family ( Residential District (High-Density) to R6-Low Density Multiple Family Residential District; Southeast of 180th and Pacific Streets - over from 8/27/96 for roll call on ( reconsideration. (( Doc. # 2374 - Roll Call on Reconsideration Carried 5-0 Doc. #2379 - Motion to refer back to the Planning Department Carried 5-0 ( ( (a) Planning Board and Planning Department recommend approval of a request to rezone from DR and R4 to DR, R4 and R6; Southeast of ( 180th and Pacific Streets - over from 8/27/96 for roll call on ( reconsideration - see attached. ( Doc. # 2374 - Roll Call on Reconsideration Carried 5-0 ( Doc. # 2379 - From Chair on File ( ( (b) Several communications opposing the rezoning and final plat of ( Spring Ridge Replat I; Southeast of 180th and Pacific Streets - over ( from 8/27/96 for roll call on reconsideration. ( Doc. # 2374 - Roll Call on Reconsideration Carried 5-0 ( Doc. # 2379 - From Chair on File ( ( ( (c) Communications supporting reconsideration and compromise re: Spring Ridge Replat I, located southeast of 180th & Pacific Streets. ( Doc. # 2379 - From Chair on File ( ( 14. Res. that the replat transmitted herewith entitled SPRING RIDGE REPLAT I, is ( hereby approved; and concurrently a portion of the existing plat entitled Spring ( Ridge, and described on said replat, is hereby vacated; Southeast of 180th and ( Pacific Streets - Outside City - over from 8/27/96 for roll call on reconsideration - ( see attached. (( Doc. # 2375 - Roll Call on Reconsideration Carried 5-0 Doc. #2380 - Motion to refer back to the Planning Department Carried 5-0 ( ( (a) Planning Board and Planning Department recommend approval of the ( Final Plat of SPRING RIDGE REPLAT I; Southeast of 180th and ( Pacific Streets - Outside City - over from 8/27/96 for roll call on ( reconsideration - see attached. ( Doc. # 2375 - Roll Call on Reconsideration Carried 5-0 ( ( Doc. # 2380 - From Chair on File ( ( ( CONTINUED TO NEXT PAGE ( - 4 - • ( 15. Res. that the Subdivision Agreement between the City of Omaha, Sanitary and Improvement District 391 of Douglas County, Nebraska, Spring Ridge Corporation, ( and Spring Ridge Homeowners Association, 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 Spring ( Ridge Replat I and is located Southeast of 180th and Pacific Streets - over from ( 8/27/96 for roll call on reconsideration - see attached. ( ( Doc. # 2376 - Roll Call on Reconsideration Carried 5-0 ( Doc. # 2381 - Motion to refer back to the Planning Department Carried 5-0 LIQUOR 16. CLASS "J" - Hermosillo, Gustavo, dba "Taqueria San Miguel", 5133 South 25th Street. New application, new location. Property posted: 8/20/96. No notification - over from 8/27/96 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Doc. # 2382 - Motion to allow the applicant to withdraw Carried 5-0 17. CLASS "J"-Three Happiness Express, Inc., dba "Three Happiness Express", 5103 Leavenworth Street. New application, new location. Property posted: 8/22/96. Notification: 8/28/96 - over from 8/27/96 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Res. # 2383 - Grant Carried 5-0 18. BFM Liquor, Inc., 6800 Mercy Road, Suite 302, requests permission for a Special Designated License for a Rock Festival-Edgefest at Aksarben Parking Lot on Sunday, September 15, 1996 from 12:00 o'clock noon to 10:00 P.M. - over from 8/27/96 - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 2384 - Read Doc. #2385 - Motion to amend the application from 10:00 P.M. to 8:00 P.M. Carried 5-0 Doc. # 2386 -Approve Carried 5-0 19. CLASS "C"- Peacock, Maria G. & Donald E. dba "Stockman's Lounge", 4907 South 24th Street. New application, old location, present licensee Stockman's, Inc., dba "Stockman's Lounge", 4907 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. # 2387 - Grant Carried 5-0 - 5 - ( 20. CLASS "I" - Creative Catering Company, dba "Creative Catering Company", 5339 South 139th Plaza. New application, new location. Property posted: 8/30/96. ( Notified: 9/4/96 - see attached. ((YOU HAVE YOUR HEARING ON THE ( APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION ( EITHER TO GRANT OR DENY)) ( ( Doc. # 2388 - Read ( Doc. # 2389 - Suspend City Council Liquor Rules Carried 5-0 ( Res. #2390 -Grant Carried 4-0-1 Yeas: Council, Takechi, Anzaldo, Terry Pass: Koneck ( Doc. # 2391 - Reinstate City Council Liquor Rules Carried 5-0 (( (a) Document submitted by the City Clerk re: liquor license in the vicinity of 5339 South 139th Plaza. ((SEE FOLDERS)) ( ( # 2388 - Read # 2390 - From Chair on File ( (b) Communication from Martin Chevalier, Vice-President-Construction, ( La Petite Academy, Inc., opposing the application of Creative Catering Company, 5339 South 139th Plaza for a Class "I" Liquor ( License. ( ( # 2388 - Read ( # 2390 - From Chair on File ( (c) Communication from Thomas O. Mumgaard, Assistant City Attorney, ( re: liquor license application of Creative Catering Company for a ( Class "I" Liquor License at 5339 South 139th Plaza. ( ( # 2388 - Read ( # 2390 - From Chair on File ( 21.. OFF SALE BEER-Caniglia, Jimmy D., dba "Park Ave Discount", 828 Park Avenue. ( New application, new location. Property posted: 9/3/96. Notified: 9/5/96 - see ( attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) ( Res. # 2392 - DENY Carried 6-0 ( ( (a) Document submitted by the City Clerk re: Liquor licenses in the ( vicinity of 828 Park Avenue. ((SEE FOLDERS)) # 2392 - From Chair on File ( CONTINUED TO NEXT PAGE ( ( ( . - 6 - ( (b) Petition protesting the granting of an Off Sale Beer License at 828 ( Park Avenue, etc. # 2392 - From Chair on File ( (c) Document submitted by Councilmember Subby Anzaldo re: Off Sale ( Beer License application of Jimmy D. Caniglia, dba "Park Ave. ( Discount", 828 Park Avenue, etc. ( ( # 2392 - From Chair on File 22. Depadua Club, 2701 South 25th Street, requests permission to appoint Thomas Ray Tackitt as manager of their present On Sale Beer License - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 2393 -Approve Carried 6-0 23. Trovato's, Inc., 5013 Underwood Avenue, requests permission for a Special Designated License for 10th Annual Golf Tournament award ceremony and Nebraska-ASU big screen football party, on September 21, 1996 from 11:00 A.M. to 1:00 A.M. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 2394 -Approve Carried 7-0 CONDEMNATION -APPEALS ( 24. John Pettis appeals the condemnation of a 2 story dwelling, 1380 square feet, ( located at 6940 Florence Boulevard, 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 7/16/96 - see attached. ( Doc. # 2404 - Motion by Council to lay over 2 wks. to 9/24/96 2nd by ( Christensen ( Councilmember Council withdraws her motion ( ( Councilmember Christensen withdraws his second Motion to DENY the approval and sustain the condemnation Carried 7-0 ( (a) Report from the City Clerk, re: Condemnation appeal hearing of June ( 25, 1996, on property located at 6940 Florence Boulevard - over from ( 7/16/96 - see attached. ( # 2404 - From Chair on File ( CONTINUED TO NEXT PAGE ( ( - 7 - ( (b) Pictures submitted by Ken Taylor, Planning Department, re: ( condemnation appeal of the property located at 6940 Florence Boulevard - over from 7/16/96. ( # 2404 - From Chair on File ( (( (c) Report from the City Clerk, re: Condemnation appeal hearing of July 16, 1996, on property located at 6940 Florence Boulevard - see ( attached. ( ( # 2404 - From Chair on File ( 25. Charley Kidder, on behalf of Esther R. & Carol L. Kidder, appeals the ( condemnation of a 1 story garage, 240 square feet, located at 3809 South 23rd Street, 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 7/16/96 - see ( attached. ( Doc. # 2405 - Motion to allow the appeal and refer back to the Planning ( Department Carried 7-0 ( (a) Pictures submitted by Ken Taylor, Planning Department, re: ( condemnation appeal of the property located at 3809 South 23rd ( Street - over from 7/16/96. ( ( # 2405 - From Chair on File ( ( (b) Report from the City Clerk, re: Condemnation appeal hearing of June 4, 1996, on property located at 3809 South 23rd Street - over ( from 7/16/96 - see attached. ( # 2405 - From Chair on File ( ( (c) Pictures submitted by Ken Taylor, Planning Department, re: ( condemnation appeal of the property located at 3809 South 23rd ( Street - over from 7/16/96. ( # 2405 - From Chair on File (( (d) Pictures submitted by Charley Kidder re: condemnation appeal of the property located at 3809 South 23rd Street - over from 7/16/96. ( ( # 2405 - From Chair on File ( ( ( CONTINUED TO NEXT PAGE ( ( - 8 - ( (e) Report from the City Clerk, re: Condemnation appeal hearing of ( July 2, 1996, on property located at 3809 South 23rd Street - over ( from 7/16/96 - see attached. ( ( # 2405 - From Chair on File ( (( (f) Report from the City Clerk, re: Condemnation appeal hearing of July 16, 1996, on property located at 3809 South 23rd Street - see ( attached. ( ( # 2405 - From Chair on File ZONING ORDINANCE ON FINAL READING and Planning Board Attachments ( 26. Ord. to rezone from DR-Development Reserve District, LI-Limited Industrial District ( and GI-General Industrial District to GI-General Industrial District; 8000 Irvington Road -over from 8/27/96. ((PUBLIC HEARING HELD 8/13/96 - CAN BE PASSED ( TODAY)) ( Doc. # 2406 - ORDINANCE # 33974 PASSED Carried 7-0 ( ( ( (a) Planning Board recommends approval of a request to rezone from ( DR, LI and GI to GI; 8000 Irvington Road - over from 8/27/96 - see ( attached. ( ( # 2406 - From Chair on File ( RESOLUTIONS RE: PRELIMINARY PLATS. PLATS & SUBDIVISION AGREEMENTS ( 27. Res. that the preliminary plat entitled BCB SUBDIVISION, along with the attached ( conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized; Northwest of 99th and Fort Streets - Outside City- see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) ( Res. # 2408 -Adopt Carried 7-0 ( ( (a) Planning Board and Planning Department recommend approval of the ( Preliminary Plat of BCB Subdivision; Northwest of 99th and Fort Streets - Outside City - see attached. ( # 2408 - From Chair on File ( CONTINUED TO NEXT PAGE ( ( ( - 9 - ( 28. Res. that the plat entitled BCB SUBDIVISION is hereby approved and accepted; Northwest of 99th and Fort Streets - Outside City - see attached. ((PUBLIC ( HEARING TODAY - CAN BE ADOPTED TODAY)) ( Res. # 2409 - Adopt Carried 7-0 ( ( ( (a) Planning Board and Planning Department recommend approval of the ( Final Plat of BCB Subdivision; Northwest of 99th and Fort Streets - ( Outside City - see attached. ( # 2409 - From Chair on File ( 29. Res. that the preliminary plat entitled STANDING BEAR POINT, along with the ( attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized; Northeast of 144th and Fort Streets - Outside City ( - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2410 -Adopt Carried 7-0 ( ( (a) Planning Board and Planning Department recommend approval of the ( Preliminary Plat of STANDING BEAR POINT; Northeast of 144th and Fort Streets - Outside City - see attached. ( # 2410 - From Chair on File "PURSUANT TO CITY COUNCIL RULE VII E, AGENDA ITEMS NO. 30 THROUGH 33 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING" ( 30. Res. that the preliminary plat entitled BENSON REPLAT IV is hereby accepted; ( and, the preparation of the final plat of this subdivision is hereby authorized; Southwest of 72nd and Pratt Streets - Inside City - see attached. ' ( Doc. # 2411 - Over 2 wks. to 9/24/96 for publication and Public Hearing ( pursuant to City Council Rule VII E ( ( (a) Planning Board and Planning Department recommend approval of the ( Preliminary Plat of BENSON REPLAT IV; Southwest of 72nd and Pratt Streets - Inside City - see attached. ( # 2411 - Over to 9/24/96 ( ( CONTINUED TO NEXT PAGE ( ( - 10 - ( 31. Res. that the replat transmitted herewith entitled BENSON REPLAT IV, is hereby approved; and concurrently a portion of the existing plats entitled Spanish Gardens ( and Benson, and described on said replat, are hereby vacated; Southwest of 72nd ( and Pratt Streets - Inside City - see attached. Doc. # 2412 - Over 2 wks. to 9/24/96 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 BENSON GARDENS REPLAT IV; Southwest of 72nd and Pratt Streets - Inside City - see attached. ( # 2412 - Over to 9/24/96 ( ( 32. Res. that the replat transmitted herewith entitled BLESSIE'S FIRST ADDITION, is ( hereby approved; and concurrently a portion of the existing plat entitled Stony ( Brook, and described on said replat, is hereby vacated; Northwest of 147th Street and Stony Brook Boulevard - Inside City - see attached. ( Doc. # 2413 - Over 2 wks. to 9/24/96 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 BLESSIE'S FIRST ADDITION; Northwest of 147th Street and Stony Brook Boulevard - Inside City - see attached. ( ( # 2413 - Over to 9/24/96 ( ( 33. Res. that the replat transmitted herewith entitled ARMBRUST ACRES, is hereby ( approved; and concurrently a portion of the existing plat entitled Armbrust Acres 4th ( Addition, and described on said replat, is hereby vacated; Southeast of 168th Street and West Center Road - Inside City - see attached. ( Doc. # 2414 - Over 2 wks. to 9/24/96 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 ARMBRUST VILLAGE; Southeast of 168th Street and West Center Road - Inside City - see attached. ( # 2414 - Over to 9/24/96 - 11 - "PURSUANT TO CITY COUNCIL RULE VII E, AGENDA ITEMS NO. 34 THROUGH 35 SHALL BE LAID OVER TWO WEEKS" 34. Res. that the Subdivision Agreement between the City of Omaha and RBC Enterprises, 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 Blessie's First Addition which will be located Northwest of 147th Street and Stony Brook Boulevard - see attached. Doc. # 2415 - Over 2 wks. to 9/24/96 pursuant to City Council Rule VII E 35. Res.: that the Subdivision Agreement between the City of Omaha and Armbrust Village Venture, L.P., a Texas Limited Partnership, by its General Partner RIZK/HAR-TOWN GP, Inc., a Texas Corporation, and Armbrust Village Owners' Association, as recommended by the Mayor, providing for the public and private improvements and sewer connections to the Omaha sewer system, is hereby approved. The Subdivision is to be known as Armbrust Village which will be located Southeast of 168th Street and West Center Road - see attached. Doc. # 2416 - Over 2 wks. to 9/24/96 pursuant to City Council Rule VII E * * * * * * * * * * * * * * * PLAT AND DEDICATIONS ( 36. Plat and Dedication of an irregular 24 foot strip of land along the east side of 175th ( Street, north of West Center Road - Outside City. ((PUBLIC HEARING TODAY - ( CAN BE APPROVED TODAY)) ( Doc. # 2417 - Approve Carried 7-0 ( ( ( ( (a) Planning Board and Planning Department recommend approval of the ( Plat and Dedication of an irregular 24 foot strip of land along the east side of 175th Street, north of West Center Road - Outside City - see ( attached. # 2417 - From Chair on File - 12 - "PURSUANT TO CITY COUNCIL RULE VII E, AGENDA ITEMS NO. 37 THROUGH 39 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING" ( 37. Plat and Dedication of an irregular 12 foot wide strip of land along the west side of 72nd Street from Douglas Street south approximately 250 feet - Inside City. Doc. # 2418 - Over 2 wks. to 9/24/96 for publication and Public Hearing ( pursuant to City Council Rule VII E ( (a) Planning Board and Planning Department recommend approval of the ( Plat and Dedication of an irregular 12 foot wide strip of land along the ( west side of 72nd Street from Douglas Street south approximately 250 feet - Inside City - see attached. ( # 2418 - Over to 9/24/96 ( ( 38. Plat and Dedication of an irregular 11 foot wide strip of land along the south side of Dodge Street from 72nd Street west approximately 206 feet - Inside City. ( ( Doc. # 2419 - Over 2 wks. to 9/24/96 for publication and Public Hearing pursuant to City Council Rule VII E ( (a) Planning Board and Planning Department recommend approval of the ( Plat and Dedication of an irregular 11 foot wide strip of land along the (( south side of Dodge Street from 72nd Street west approximately 206 feet - Inside City - see attached. ( ( # 2419 - Over to 9/24/96 ( 39. Plat and Dedication of a 5 foot wide strip of land along the south side of"U" Street ( between 31st and 32nd Streets - Inside City. ( ( Doc. # 2420 - Over 2 wks. to 9/24/96 for publication and Public Hearing pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of the ( Plat and Dedication of a 5 foot wide strip of land along the south side ( of "U" Street between 31st and 32nd Streets - Inside City - see ( attached. ( # 2420 - Over to 9/24/96 ( * * * * * * * . * * * * * * * * - 13 - ORDINANCES ON FINAL READING ( 40. Ord. to approve and authorize a contract between the City of Omaha, a municipal ( corporation, and Maplewood Counseling Association, Inc. and A. James Fix, Ph.D., 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 to Maplewood Counseling Association, Inc. ( and A. James Fix, Ph.D., for counseling and psychological guidance provided to ( sworn members of the Police and their families during a thirty-month period from ( and after the approval of this ordinance; and to provide for the effective date hereof ( - over from 8/27/96 - see attached. ((PUBLIC HEARING HELD 8/20/96 - CAN BE PASSED TODAY)) ( Doc. # 2421 - ORDINANCE # 33975 PASSED Carried 7-0 ( ( (a) Communication from John (Jack) S. Hagood, Business Administrator, ( Maplewood Counseling Associates, Inc. - over from 8/27/96 - see ( attached. ( # 2421 - From Chair on File ( 41. 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 by Score Card, Ltd. commencing at 9:00 a.m. at 519 North 78th Street, on Sunday; September 15, 1996; and to provide an effective date immediately upon passage - see attached. ((PUBLIC HEARING HELD 8/27/96 - CAN BE PASSED TODAY)) Doc. # 2395 - ORDINANCE # 33973 PASSED Carried 7-0 42. Ord. approving a redevelopment agreement with the State of Nebraska, Department of Correctional Services, P.O. Box 94661, Lincoln, Nebraska 68509-4661 for the construction of a Secure Youth Confinement Facility - see attached.((PUBLIC HEARING HELD 8/27/96 - CAN BE PASSED TODAY)) Doc. # 2422 - ORDINANCE # 33976 PASSED Carried 7-0 43. Ord. to amend Ordinance No. 14303, Section 40-252 of the Omaha Municipal Code, by an addition thereto of a new Class "A" Oil District, to be known as District No.A-102; and to provide the effective date hereof(John Kraft Chevrolet, Inc., 8505 Crown Point Avenue)-see attached. ((PUBLIC HEARING HELD 8/27/96 -CAN BE PASSED TODAY)) Doc. # 2423 - ORDINANCE # 33977 PASSED Carried 7-0 - 14 - "PURSUANT TO CITY COUNCIL RULE VII D, THE PUBLIC HEARINGS ON AGENDA ITEMS NO. 44 THROUGH 57 SHALL BE HELD ON THE THIRD READING" ZONING ORDINANCES ON SECOND READING 44. Ord. to rezone from R7-Medium-Density Multiple Family Residential District and GC-General Commercial District to R7-Medium-Density Multiple Family Residential District; Southwest of 17th and Grace Streets. Doc. # 2424 - Over to 9/17/96 ( 45. Ord. to rezone from DR-ED/Development Reserve District- Environmental Overlay ( District and CC-ED/Community Commercial District- Environmental Overlay District ( to DR-ED/Development Reserve District - Environmental Overlay District; 11409 North 34th Avenue. ( Doc. # 2425 - Over to 9/17/96 ( ( 46. Ord. to rezone from DR-ED/Development Reserve District - Environmental Overlay ( District and CC-ED/Community Commercial District- Environmental Overlay District ( to CC-ED/Community Commercial District - Environmental Overlay District; 11409 ( North 34th Avenue. ( Doc. # 2426 - Over to 9/17/96 ( 47. Ord. to rezone from R4(35)-Single Family Residential District (High-Density) to ( GO-General Office District; Northeast of 42nd and Marinda Streets. ( Doc. # 2427 - Over to 9/17/96 ( 48. Ord. to approve a PUD Planned Unit Development Overlay District, to approve the ( Development Plan, and to provide for an effective date; Northeast of 42nd and ( ( Marinda Streets. ( ( Doc. # 2428 - Over to 9/17/96 49. Ord. to rezone from DR-Development Reserve District and GC-General Commercial District to GC-General Commercial District; 6002 "Q" Street. Doc. # 2429 - Over to 9/17/96 50. Ord. to rezone from R4(35)-Single Family Residential District (High-Density) to CC-Community Commercial District; 7080 - 7084 Pratt Street. Doc. # 2430 - Over to 9/17/96 - 15 - 51. Ord. to rezone from AG-Agricultural District to R4-Single Family Residential District (High-Density); Northwest of 160th and Adams Streets. Doc. # 2431 - Over to 9/17/96 ( 52. Ord. to rezone from AG-Agricultural District to DR-Development Reserve District; West of 168th Street and Ontario Plaza. Doc. # 2432 - Over to 9/17/96 ( 53. Ord. to rezone from AG-Agricultural District to R2-Single Family Residential District (Low-Density); West of 168th Street and Ontario Plaza. ( ( Doc. # 2433 - Over to 9/17/96 54. Ord. to rezone from AG-Agricultural District to MU-Mixed Use District; Northeast of 180th Street and West Center Road. Doc. # 2434 - Over to 9/17/96 55. Ord. to amend Omaha Municipal Code Section 55-891; to require that notice of a public hearing before the zoning board of appeals be published seven (7) days, rather than ten (10) days, before the date of the hearing; to repeal Section 55-891 as heretofore existing; and to provide an effective date. Doc. # 2435 - Over to 9/17/96 ORDINANCES ON SECOND READING 56. Ord. to approve an amended Mixed Use Development Agreement for property located Northeast of 144th and "L" Streets (Southwestern Plaza) between the City of Omaha and Joyce Jones, The Yard Co., and Southwestern Plaza Associates, L.L.C., and Sanitary and Improvement District No. 407 of Douglas County, Nebraska, providing site development and use standards; and to provide for an effective date. Doc. # 2436 - Over to 9/17/96 57. Ord. to approve a Mixed Use Development Agreement for property located Northeast of 180th Street and West Center Road (Western Springs) between the City of Omaha and Western Springs Development Corporation providing site development and use standards; and to provide for an effective date. Doc. # 2437 - Over to 9/17/96 * * * * * * * * * * * * * * * - 16 - ORDINANCES ON SECOND READING 58. Ord. declaring the necessity of appropriating for the use of the City of Omaha, certain hereinafter described property located in the Fontenelle View Redevelopment Plan Area, an area generally defined by Fowler Avenue on the north, 45th Street on east, Ames Avenue on the south and 46th Street on the west, for acquisition, relocation as appropriate, and subsequent use as a site for implementing the Fontenelle View Redevelopment 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. ((PUBLIC HEARING TODAY)) Doc. # 2438 - Motion to place on file Carried 7-0 59. Ord. approving a purchase order to Control Services, Inc. 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 Purchasing Agent to issue a purchase order to Control Services, Inc.; to authorize the reimbursements to be paid from a specific account; and to provide an effective date hereof for the maintenance and repair of certain heating, ventilating, and air conditioning systems at the Missouri River Wastewater Treatment Plant - see attached.. ((PUBLIC HEARING TODAY)) Doc. # 2439 - Over to 9/17/96 60. Ord. to amend Section 22-40 of the Omaha Municipal Code entitled "Deferred vesting rights."; to provide that employees who qualify for a deferred service retirement shall automatically elect to receive same unless the employee applies to withdraw his/her pension contributions; and further to provide that prior employees who have not withdrawn their pension contributions nor previously applied for a deferred service pension will be granted a ninety (90) day period to apply for a deferred service retirement; and to provide the effective date hereof- see attached. ((PUBLIC HEARING TODAY)) Doc. # 2440 - Over to 9/17/96 61. Ord. to amend Section 22-76 of the Omaha Municipal Code, entitled "Amount"; to provide that the ordinance shall reflect that twenty-six (26) pay periods shall be utilized in computing pensions and providing a schedule for partial pensions; to repeal Section 22-76 as heretofore existing; and to provide the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) Doc. # 2441 - Over to 9/17/96 - 17 - 62. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning employment classifications by adding thereto an employment classification entitled Driver/Messenger; to repeal Section 23-177 as heretofore existing; and to provide the effective date thereof- see attached. ((PUBLIC HEARING TODAY)) Doc. # 2442 - Over to 9/17/96 63. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning employment classifications by adding thereto an employment classification entitled Microsystems Support Assistant; to repeal Section 23-177 as heretofore existing; and to provide the effective date thereof - see attached. ((PUBLIC HEARING TODAY)) Doc. # 2443 - Over to 9/17/96 64. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning employment classifications by adding thereto an employment classification entitled Aviation Mechanic; to repeal Section 23-177 as heretofore existing; and to provide the effective date thereof- see attached. ((PUBLIC HEARING TODAY)) Doc. # 2444 - Over to 9/17/96 65. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning employment classifications by amending the classification title thereto and adding an employment classification entitled Library Special Projects Manager and eliminating the prior classification entitled Library Marketing Manager; to repeal Section 23-177 as heretofore existing; and to provide the effective date thereof- see attached. ((PUBLIC HEARING TODAY)) Doc. # 2445 - Over to 9/17/96 66. Ord. to waive the fifteen (15) day appeal requirement in Section 43-51, Division 3, Article 1, Chapter 43 of the Omaha Municipal Code for condemned property located at 3002 South 16th Street, owned by Michelle K. Dempsey, 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; to provide for a bond required by Section 43-51 of the Code prior to council hearing on this matter; and to provide the effective date hereof- see attached. ((PUBLIC HEARING TODAY)) Doc. # 2446 - Over to 9/17/96 - 18 - AFTER-HOURS DANCE PERMIT ( 67. Res. that the application of Ten Lies for the issuance of an after-hours dance permit ( at 1516 Jones Street be and hereby is approved - over from 8/6/96 - see attached. ((PUBLIC HEARING HELD 7/16/96 - CAN BE ADOPTED TODAY)) Res. # 2447 - Adopt Carried 5-2 Yeas: Council, Koneck, Lo, Takechi, ( Terry Nays: Christensen, Anzaldo ( (a) Permits and Inspections transmits the request of Ten Lies for an after- ( hours dance permit at 1516 Jones Street, Omaha, Nebraska. The ( Planning Department, Police Department and Fire Department ( recommend approval of this request-over from 8/6/96-see attached. ( # 2447 - From Chair on File ( ( (b) Affidavit submitted by Adam P. Zimmerman, owner of Ten Lies, 1516 ( Jones Street, re: their application of an after-hours dance permit, etc. ( ( # 2447 - From Chair on File SPECIAL USE PERMIT -AUTOMOTIVE RENTALS ( 68. Res. that the Special Use Permit application for permission to allow Automotive ( Rental in a CC-Community Commercial District, located at 12303 West Center ( Road, 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 - over from ( 8/27/96 for publication and Public Hearing - had publication - see attached. ( ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) ( Res. # 2448 -Adopt Carried 7-0 ( (a) Planning Board and Planning Department recommend approval of a ( Special Use Permit to allow Automotive Rental in a CC District; 12303 ( West Center Road - over from 8/27/96 - see attached. ( ( # 2448 - From Chair on File - 19 - SPECIAL USE PERMITS - BROADCAST TOWER ( 69. Res. that the Special Use Permit application for permission to allow a Broadcast ( Tower, with a waiver of the height restriction, in a CC-Community Commercial District, located at 14060 West Center Road, 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 8/27/96 ( for publication and Public Hearing - had publication - see attached. ( Res. # 2407 -Adopt Carried 7-0 ( (a) Planning Board and Planning Department recommend ap proval of a ( Special Use Permit to allow a Broadcast Tower, with a waiver of the ( height restriction, in a CC District; 14060 West Center Road - over from 8/27/96 - see attached. ( # 2407 - From Chair on File "PURSUANT TO CITY COUNCIL RULE VII E, AGENDA ITEMS NO. 70 THROUGH 71 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING" ( 70. Res. that the Special Use Permit application for permission to allow a Broadcast ( Tower, with a waiver of the height restriction, in an LI-Limited Industrial District, ( located at 7404 Lake Cunningham Road, 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. # 2449 - Over 2 wks. to 9/24/96 for publication and Public Hearing ( pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend ap proval of a ( Special Use Permit to allow a Broadcast Tower, with a waiver of the ( height restriction, in an LI District; 7404 Lake Cunningham Road - see attached. ( # 2449 - Over to 9/24/96 - 20 - ( 71. Res. that the Special Use Permit application for permission to allow a Broadcast ( Tower, with an exception to the height restriction, in a CC-Community Commercial ( District, located Northeast of 90th and Maple 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 - see ( attached. ( Doc. # 2450 - Over 2 wks. to 9/24/96 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, with an exception to ( the height restriction, in a CC District; Northeast of 90th and Maple ( Streets - see attached. ( ( # 2450 - Over to 9/24/96 * * * * * * * * * * * * * * * RESOLUTIONS (( MOTIONS ON RESOLUTIONS UNLESS OTHERWISE SPECIFIED SHOULD BE TO (ADOPT) OR (NOT ADOPT) )) . 72. Res. approving change order to contract with Anderson Excavating and Wrecking Company for additional asbestos abatement necessary as part of the Civic Auditorium Renovation Project at a cost of $90,340 payable from the Civic Auditorium Renovation Fund 315, Organization 1952 - over from 8/27/96 - see attached. ((PUBLIC HEARING HELD 8/27/96 - CAN BE ADOPTED TODAY)) Res. # 2451 - Adopt Carried 7-0 73. Res. that the appointment by City Councilmember Richard Takechi of Helen Radii as a primary representative from City Council District No. 5 to serve on the City Council Citizens Task Force on Code Enforcement, is hereby confirmed - over from 8/27/96 and continue the Public Hearing. ((PUBLIC HEARING CONTINUED TO TODAY - CAN BE ADOPTED TODAY)) Res. # 2452 -Adopt Carried 7-0 - 21 - 74. Res. ordering Street Improvement District No. 6754, being Ellison Avenue from 56th Street west approximately 322.5 feet, be improved in accordance with Section 26-25 of the Omaha Municipal Code - see attached. Res. # 2453 - Adopt Carried 7-0 75. Res. assigning Councilmembers Subby Anzaldo, Frank Christensen and Lormong Lo to assess damages, if any, relative to the proposed vacation of Avenue "J" from 19th Street to 20th Street and 19th Street from Avenue "J" to Avenue "H", (East Omaha) - see attached. Res. # 2454 -Adopt Carried 7-0 76. Res. that the Amendment Number One to the Agreement with The Schemmer Associates, Inc. to provide additional engineering services for the improvement of Blondo Street from 103rd Street to 123rd Street, is hereby approved. Further, that the Finance Department is authorized to pay the amount of $8,716.00 from the 1993 Street & Highway Bond Organization 1509, Fund 319 for the additional services - see attached. Res. # 2455 - Adopt Carried 7-0 77. Res. that the base bid of$1,020,000.00 and the four add alternates in the amount of $28,620.00 from Campos Construction Co. for S.P. 96-13, Northeast Police Precinct Building, General Construction Contract, 30th and Taylor Streets, being the lowest and best bid received, be accepted and the contract awarded; and, the contract with Campos Construction Co., as recommended by the Mayor, in the total amount of $1,048,620.00 is hereby approved; and, the Finance Department is authorized to pay the cost of S.P. 96-13, Northeast Police Precinct Building, General Construction Contract, 30th and Taylor Streets, in the total amount of $1,048,620.00 from the 1992 Public Facility Bond Fund No. 317, Agency 132, Organization 1339, Activity 2510 - see attached. Res. # 2456 - Adopt Carried 7-0 78. Res. that the attached Agreement, as recommended by the Mayor, between the City of Omaha and Omaha 100, Incorporated, 2424 Cuming Street, Omaha, Nebraska 68131, for a Revolving Loan Fund in the amount of$100,947.00 in FY 95 CDBG Funds, for the acquisition of vacant lots and the construction and sale of affordable housing units in an area described as north of Cuming Street and east of 72nd Street, is hereby approved. Funds in the amount of$100,947.00 shall be paid from Community Development Block Grant Fund No. 193, Organization No. 8327 - see attached. Res. # 2457 - Adopt Carried 7-0 - 22 - 79. Res. that the attached Agreement, as recommended by the Mayor, between the City of Omaha and Beacon Heights, Inc., 6404 North 70th Plaza, Omaha, Nebraska 68104, a Nebraska non-profit corporation, for a grant in the amount of$150,000.00 for the purpose of constructing fifteen (15) affordable and accessible residential units for low income persons experiencing long term disabilities or survivors of traumatic brain injury; to be located at 9110 Maplewood Boulevard, Omaha, Nebraska 68134, is hereby approved. Funds in the amount of$120,000.00 shall be paid from the HOME Program Fund No. 186, Organization No. 5010, and $30,000.00 shall be paid from KENO/Lottery Fund No. 120, Agency No. 110, Organization No. 1106 - see attached. Res. # 2458 -Adopt Carried 7-0 80. Res. that the attached Agreement, as recommended by the Mayor, between the City of Omaha and Bethphage Mission of the Great Plains, Inc., 13057 West Center Road, Suite 20, Omaha, NE 68144, a Nebraska non-profit corporation, for a grant in the amount of $252,000.00 for the purpose of constructing four assisted living units for use by persons with developmental disabilities, is hereby approved. Funds in the amount of$252,000.00 shall be paid from the HOME Program Fund No. 186, Organization No. 5012 - see attached. Res. # 2459 -Adopt Carried 7-0 81. Res. as recommended by the Mayor, the attached Amendment to the Agreement approved by the City Council on January 23, 1996, by Resolution No. 149, between the City of Omaha and 26th Street Limited Partnership, a Nebraska Limited Partnership, Assignee of OEDC Kellom Plaza Development Corporation, a Nebraska Non-Profit Corporation, increasing the amount in which the City's loan is to be subordinate from $1,300,000 to $1,600,000 and extending the term of the Agreement from twelve to eighteen months to complete construction of the nineteen residential units in the area bounded by 26th Circle on the East, Caldwell Street on the North, Kellom Apartments on the South and Caldwell Apartments on the West, is hereby approved. Funds shall be payable from the Housing Development Program, Fund 93, Organization No. 8326 - see attached. Res. # 2460 - Adopt Carried 7-0 82. Res. as recommended by the Mayor, the attached Amendment to the Agreement approved by the City Council on September 19, 1995, by Resolution No. 2383, between the City of Omaha and Caldwell Limited Partnership, a Nebraska Limited Partnership, Assignee of Omaha Economic Development Corporation, a Nebraska Non-Profit Corporation, extending the term of the Agreement to June 30, 1997 to complete construction of the nineteen residential units in the area bounded by 26th Circle on the East, 27th Street on the West, Kellom Apartments on the South and Caldwell Street on the North, is hereby approved. Funds shall be payable from the Housing Development Program, Fund 93, Organization No. 8326 - see attached. Res. # 2461 -Adopt Carried 7-0 - 23 - 83. Res. as recommended by the Mayor, the attached Professional Services Agreement between the City of Omaha and Krhounek Povondra Architects, for design development and construction document preparation services for improvements to Montclair Community Center, is hereby approved. Funds not to exceed $67,300.00 shall be paid from Fund 318, Agency 120, Organization 1295 and Activity 3118 - see attached. Res. # 2462 -Adopt Carried 7-0 84. Res. that, as recommended by the Mayor, the bid from Mulhall's Nursery submitting a bid of$155,120.00, being the lowest and best bid received within bid specifications for the West Dodge Road Landscape Plan, 84th to 90th Streets, be accepted and the attached contract approved. Funds in the amount of$155,120.00 have been appropriated in the Park Division Fund 318, Agency 120, Organization 1295, Activity 3130. The Finance Department is authorized to pay the cost of the landscape project from these accounts - see attached. Res. # 2463 -Adopt Carried 7-0 85. Res. that, as recommended by the Mayor, the attached Change Order from Ehrhart Griffin and Associates in the amount of$37,500.00, for additional responsibilities related to Contract Administration Services for Keystone Trail, Phase IV, is hereby approved. Funds in that amount shall be paid from Fund 318, Agency 120, Organization 1295 and Activity 3100 - see attached. Res. # 2464 - Adopt Carried 7-0 86. Res. that, as recommended by the Mayor, the City of Omaha hereby supports the grant application to the Game and Parks Commission in the amount of$95,000.00 for the construction of the West Papio Trail from Westchester Park to Millard Avenue; and, the Finance Director is authorized to pay $30,000.00, which represents the City's share of the grant from Park Bond Fund 318-120-1295-3127 - see attached. Res. # 2465 -Adopt Carried 7-0 ( 87. Res. authorizing the Purchasing Agent to issue a purchase order to Maharam ( Fabric Corporation for the purchase of seating fabric for Civic Auditorium Music Hall Seating Restoration Project at a cost of$42,255 payable from the Civic Auditorium ( Renovation Fund 315, Organization 1952 - see attached. ( Res. # 2466 -Adopt Carried 7-0 ( ( ( (a) Communication from Clyde Hill, President, Kirsch Fabric Corporation, ( appealing the selection of seating restoration fabric for the Civic Auditorium Music Hall, etc. ( # 2466 - From Chair on File - 24 - 88. Res. that, the bid of$48,277.26 from Yant/Great Plains Equipment for Gasboy Fuel Management System at 1523 South 24th Street, being the lowest and best bid received for this project be accepted and a contract for the same is approved; and, the Finance Department is authorized to pay the cost of this Gasboy Fuel Management System from the Municipal Infrastructure Redevelopment Fund 113, Organization 1013 - see attached. Res. # 2467 - Adopt Carried 7-0 89. Res. approving the award of a contract to Omaha Door for $20,541.20 for window replacement on the second level of the Benson Community Center payable from Park Bond Fund 318, Organization 1295 - see attached. Res. # 2468 - Adopt Carried 7-0 90. Res. that the bid of Gateway 2000, as recommended by the Mayor, for the purchase of 20 Pentium 120 MHz computers per specifications in the amount of $37,880.00 is approved; further that the funds for this purchase will be paid from the Douglas County Supplement Organization Number 1690 - see attached. Res. # 2469 - Adopt Carried 5-2 Yeas: Council, Lo, Takechi, Anzaldo, Terry Nays: Christensen, Koneck 91. Res. that the Finance Department is authorized to pay the cost of$22,250.00 for the professional services agreement between the Police and Fire Retirement System and Milliman & Robertson, Inc. for the purpose of performing an actuarial study, from Fund 001, Organization 1710 - see attached. Res. # 2470 -Adopt Carried 7-0 92. Res. that the appointment by the Mayor of Henry A. Davis as a member of the Enterprise Zone Association Board, said term to commence upon confirmation by the City Council and to expire on July 31, 1997, is hereby confirmed - see attached. Res. # 2471 - Adopt Carried 7-0 93. Res. that the appointment by the Mayor of Robert A. Torson as an architect member on the Plumbing Board, said term to commence on the date of confirmation by the City Council and to expire three years thereafter, is hereby confirmed - see attached. Res. # 2472 - Adopt Carried 7-0 - 25 - 94. Res. that the appointment by the Mayor of Louri Fellman Sullivan as a member of the Zoning Board of Appeals to serve a term commencing on the date of confirmation by the City Council, and expiring five years thereafter, is hereby confirmed - see attached. Res. # 2473 -Adopt Carried 7-0 95. Res. that the appointment by City Council President Lee Terry of Michael Cavanaugh as alternate representative from City Council District No. 6, to serve on the City Council Citizens Task Force on Code Enforcement, effective October 1, 1996, is hereby confirmed - see attached. Res. # 2474 -Adopt Carried 6-0-1 Pass Yeas: Christensen, Council, Lo, Takechi, Anzaldo, Terry Pass: Koneck 96. Res. that Hawkins Construction Company shall be paid $5,628.00 for certain additional work performed at Omaha's Johnny Rosenblatt Stadium on Contract No. S.P.93-27B pursuant to the request for a change order submitted September 5, 1995. Further that, the Finance Director is authorized to provide payment in the amount of $5,628.00 from Rosenblatt Stadium Expansion and Improvement Construction Fund 307 - see attached. Res. # 2475 - Adopt Carried 7-0 "PURSUANT TO CITY COUNCIL RULE VII D, THE PUBLIC HEARING ON AGENDA ITEMS NO. 97 THROUGH 99 SHALL BE HELD ON THE THIRD READING" ZONING ORDINANCES ON FIRST READING and Planning Board Attachments ( 97. Ord. to rezone from R4-Single Family Residential District (High-Density) to LC-Limited Commercial District; Southwest of 72nd and Pratt Streets. ( Doc. # 2476 - Hearing 9/24/96 ( ( ( ( (a) Planning Board and Planning Department recommend approval of the ( request to rezone from R4 to LC; Southwest of 72nd and Pratt Streets ( - see attached. ( ( # 2476 - Over to 9/24/96 ( - 26 - ( 98. Ord. to rezone from DR-Development Reserve District to GC-General Commercial ( District (portions of which property lie within the floodplain and floodway); 1702 Bob Boozer Drive. ( Doc. # 2477 - Hearing 9/24/96 ( (( (a) Planning Board and Planning Department recommend DENIAL of a request to rezone from DR to GC (portions of which property lie within ( the floodplain and floodway); 1702 Bob Boozer Drive - see attached. ( ( # 2477 - Over to 9/24/96 ( 99. Ord. to rezone from GO-General Office District to R5-Urban Family Residential ( District; Northwest of 147th Street and Stony Brook Boulevard. ( Doc. # 2478 - Hearing 9/24/96 ( (a) Planning Board and Planning Department recommend approval of a ( request to rezone from GO to R5; Northwest of 147th Street and ( Stony Brook Boulevard - see attached. ( ( # 2478 - Over to 9/24/96 * * * * * * * * * * * * * * * "PURSUANT TO CITY COUNCIL RULE VII C, THE PUBLIC HEARING ON AGENDA ITEMS NO. 100 THROUGH 107 SHALL BE HELD ON THE SECOND READING." ORDINANCES ON FIRST READING and Planning Board Attachments ( 100. Ord. to approve Amendment No. 4 to the Concept Element of the Master Plan for ( the City of Omaha by changing the floor area ratio (FAR)guideline for neighborhood ( mixed use centers from .3 to .21 - see attached. ( Doc. # 2479 - Hearing 9/17/96 ( ( (a) Planning Board and Planning Department recommend approval of ( Amendment No. 4 to the Concept Element of the Master Plan for the ( City of Omaha - see attached. ( ( # 2479 - Over to 9/17/96 ( - 27 - ( 101.. Ord. vacating Avenue "J" from 19th Street to 20th Street and 19th Street from ( Avenue "J" to Avenue "H" (East Omaha), and providing the effective date hereof- ( see attached. Doc. # 2480 - Hearing 9/17/96 (a) Planning Board and Planning Department recommend approval of the ( vacation of Avenue "J" adjoining Lots 13 and 14, Block 2, and Lots 1 ( and 26, Block 8, Oliver Place and 19th Street East between Avenue "H" and "J" adjoining Lots 14-26, Block 8, and Lots 1-13, Block 7, ( Oliver Place - see attached. ( # 2480 - Over to 9/17/96 ( ( 102. Ord. vacating Leavenworth Street from 70th Street west 115± feet in the City of Omaha and providing the effective date hereof- see attached. Doc. # 2481 - Hearing 9/17/96 ( (a) Planning Board and Planning Department recommend approval of the ( vacation of Leavenworth Street from 70th Street west 115±feet- see ( attached. ( ( ( # 2481 - Over to 9/17/96 ORDINANCES ON FIRST READING 103. Ord. to amend Chapter 34 of the Omaha Municipal Code; to amend Section 34-58 of the Omaha Municipal Code to eliminate a four dollar administrative fee for street cut permits; to repeal Section 34-58 of the Omaha Municipal Code as heretofore existing and to provide for an effective date hereof- see attached. Doc. # 2482 - Hearing 9/17/96 104. Ord. approving a redevelopment and tax increment financing loan agreement with the Securities Building Limited Partnership, 1704 South 10th Street, for the rehabilitation of the historic Securities Building located at 305 South 16th.Street into 35 residential units and 5,500 square feet of leasable commercial space at street level - see attached. Doc. # 2483 - Hearing 9/17/96 - 28 - • 105. Ord. to amend Ordinance No. 14303, Section 40-252 of the Omaha Municipal Code, by an addition thereto of a new Class "A" Oil District, to be known as District No. A-103; and to provide the effective date hereof(American Commercial Marine Service, 701 Abbott Drive) - see attached. Doc. # 2484 - Hearing 9/17/96 106. Ord. to waive the fifteen (15) day appeal requirement in Section 43-38 of the Omaha Municipal Code for condemned property at 4854 "J" Street, owned by John R. Ryan, Sr., 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. Doc. # 2485 - Hearing 9/17/96 107. Ord. to name the ice arena located in Tranquility Park in honor of Timothy Moylan; and to provide an effective date hereof- see attached. Doc. # 2486 - Hearing 9/17/96 * * * * * * * * * * * * * * * EXECUTIVE SESSION 108. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. CITY CLERK REPORTS PLANS OF ASSESSMENT RECEIVED FOR BOARD OF EQUALIZATION MEETING TO BE HELD SEPTEMBER 10, 1996 AT 1:00 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. * * * * * * * * * * * * * * * * - 29 - SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR SEPTEMBER 10, 1996 LEGISLATIVE CHAMBERS - 2:00 P.M. - PREPARED SEPTEMBER 9, 1996 AT 1:00 P.M. ADDITIONAL MAYOR'S VETO MESSAGE ( 109. Mayor's Veto Message - see attached. ( ( Doc. #2371 - Over to later in the meeting Doc. #2403 - Motion to override the Mayor's Veto LOST 3-4 Yeas: Christensen, ( Koneck, Takechi Nays: Council, Lo, Anzaldo, Terry (( (a) Res. that the City Council of the City of Omaha requests that the signatures of Thomas Lynch, Jr., James Madison, W.H. Harrison, John Tyler, James ( Polk, Millard Fillmore, James Garfield, Chester Arthur, William Clark and ( Meriwether Lewis be withdrawn from the auction - see attached. ADDITIONAL LIQUOR 110. Score Card, Ltd., 636 North 114th Street, requests permission for a Special Designated License for a post race awards, dinner and donation ceremony for Clarkson Hospital Burn Center, at 519 North 78th Street, on September 14, 1996 from 4:00 P.M. to 11:00 P.M. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. #2396 -Approve Carried 7-0 111. Score Card, Ltd., 636 North 114th Street, requests permission for a Special Designated License for a post race awards and donation ceremony for Clarkson Hospital Burn Center, at 519 North 78th Street, on September 15, 1996 from 9:00 A.M. to 4:00 P.M. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) ((SEE AGENDA ITEM NO. 41)) Doc. # 2397 -Approve Carried 7-0 - 30 - 112. Res. that, pursuant to the Omaha Municipal Code and its concession contract with South Pacific Tranquility IcePlex, the City of Omaha authorizes and consents to the possession and consumption of beer on the City-owned property at the Tranquility IcePlex, 12550 West Maple Road, Omaha, Nebraska, as authorized by a Special Designated Liquor License issued for September 13, 1996. ((SEE FOLDERS)) Res. #2398 -Adopt Carried 7-0 Adjourn: 4:39 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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * - 31 - , . . .. . . . . . . , .. . . .. . . . . . . . . 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