1996-10-22j 4
"CORRECTED"
CITY COUNCIL AGENDA FOR OCTOBER 22. 1996
LEGISLATIVE CHAMBERS 2:00 P.M.
ROLL CALL
1. City Clerk calls the roll.
•
Doc. # 2794 - Present: Anzaldo, Christensen, Koneck, Lo, Takechi,
Mr. President
Absent: Council
2. Pledge of Allegiance.
3. Invocation by Councilmember Subby Anzaldo of District No. 3.
CERTIFICATION OF PUBLICATION
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of
Omaha on October 18, 1996, notice re: Pre-Council and Regular City Council
Meetings, October 22, 1996.
Doc. # 2795 - From Chair on File
LIQUOR
( 5. CLASS "J" - Peak Interests L.L.C., dba "Pizza Hut", 13838 "R" Plaza. New
( application, old location, present licensee Pizza Hut of America, Inc., dba "Pizza
Hut", 13838 "R" Plaza - over from 10/8/96 - see attached. ((YOU HAVE YOUR
( HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT
( A RESOLUTION EITHER TO GRANT OR DENY))
( Doc. # 2796 - Read
( Res. # 2798 - Grant as Amended Carried 6-0
(
( (a) Amendment to the application of Peak Interests LLC, dba "Pizza Hut",
( 13838 "R" Plaza for an On Sale Beer License to appoint Richard B.
( Hossner as manager.
( Doc. # 2797 -Approve Carried 6-0
FOR THE 1996-1997 LICENSING YEAR
6. CLASS"C"- Rogers, Bruce Barnt, dba "Mac's Tavern", 922 North 16th Street. New
application, old location, present licensee 922 Corporation, dba"Mac's Tavern", 922
North 16th 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. # 2799 - Grant Carried 6-0
7. OFF SALE BEER - Sinnott Enterprises, Inc., dba "Eddy's", 11919 Fort Street. New
application, old location, present licensee Fran Oil Company, dba "Eddy's", 11919
Fort 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. # 2800 - Grant Carried 5-0
8. Score Card, Ltd., dba "Score Card", 636 North 114th Street, requests permission
for an addition of an area approximately 15' x 36' to the north of their present Class
"C" and "K" Liquor Licenses. Property posted: 10/3/96. Notified: 10/15/96 - see
attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Doc. # 2801 -Approve Carried 6-0
9. American Legion 374, 4618 South 139th Street, requests permission to appoint
Kathleen L. Kappius as manager of their present Class "C" Liquor License - see
attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Doc. # 2802 -Approve Carried 7-0
10. Aquila Court Liquor Management LLC, dba "Dr. Eugene's Pub", 1615 Howard
Street, requests permission to appoint Richard F. Greene as manager of their
present Class "C" Liquor License - see attached. ((MOTION NEEDED TO
APPROVE OR NOT TO APPROVE))
Doc. # 2803 -Approve Carried 7-0
11. Costello, Inc., dba "Fuddruckers", 7059 Dodge Street, requests permission to
appoint Robert J. Kennedy as manager of their present Class "C" Liquor License -
see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Doc. # 2804 -Approve Carried 7-0
- 2 -
12. Dar-Lynn, Inc., dba "Colorado Country Saloon/Dance Hall", 8414 "Q" Street,
requests permission to appoint Michaela Patterson as manager of their present
Class "C" Liquor License - see attached. ((MOTION NEEDED TO APPROVE OR
NOT TO APPROVE))
Doc. # 2805 -Approve Carried 7-0
13. Keystone Wholesale Company, 7328 Maple Street, requests permission to appoint
Martin L. Rosenstein as manager of their present Class "C" Liquor License - see
attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Doc. # 2806 - Approve Carried 7-0
14. Polish Home, Inc., 4701 South 25th Street, requests permission to appoint Bette D.
Hayes as manager of their present Class "C" Liquor License - see attached.
((MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Doc. # 2807 - Approve Carried 7-0
15. Veterans FW St. Mihiel 247, 3302 Leavenworth Street, requests permission to
appoint Pete H. Hirniak as manager of their present Class "C" Liquor License - see
attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Doc. # 2808 -Approve Carried 7-0
16. C.I. General LLC, General Partner, dba "Clubhouse Inn of Omaha", 11515 Miracle
Hills Drive, to appoint Andrea L. Madison as manager of their present Class "I"
Liquor License - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO
APPROVE))
Doc. # 2809 -Approve Carried 7-0
17. St. Thomas More Church, 4804 Grover Street, requests permission for a Special
Designated License for Annual Parish Dinner, at 3515 South 48th Street, on
November 10, 1996 from 12:00 o'clock noon to 9:00 P.M. - see attached.
((MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Doc. # 2810 - Approve Carried 7-0
18. Pauli's, Inc., 4016 Leavenworth Street, requests permission for a Special
Designated License for a Dance/Dinner, at the IBEW Union Hall, 13306 Stevens
Street, on November 9, 1996 from 6:00 P.M. to 1:00 A.M. - see attached.
((MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Doc. # 2811 -Approve Carried 7-0
- 3 -
CONDEMNATION -APPEAL
( 19. Jerry Pursell appeals the condemnation of a 2 story dwelling, 906 square feet,
located at 2318 Oak 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. # 2813 - Motion to lay over 12 wks. to 1/14/97 Carried 7-0
(
( (a) Pictures submitted by Ken Taylor, Planning Department, re:
( condemnation appeal of the property located at 2318 Oak Street.
(
(
# 2813 - Over to 1/14/97
RESOLUTIONS RE: PRELIMINARY PLATS. PLATS & SUBDIVISION AGREEMENTS
( 20. Res. that the preliminary plat entitled SARATOGA PLACE, along with the attached
( . conditions, is hereby accepted; and, the preparation of the final plat of this
( subdivision is hereby authorized; Southeast of 24th Street and Grand Avenue -
( Inside City - see attached - over from 10/8/96 for publication and Public Hearing -
( had publication - see attached. ((PUBLIC HEARING TODAY- CAN BE ADOPTED
( TODAY))
(
( Res. # 2814 -Adopt Carried 7-0
(
(a) Planning Board and Planning Department recommend approval of the
( Preliminary Plat of SARATOGA PLACE; Southeast of 24th Street and
Grand Avenue - Inside City - over from 10/8/96 - see attached.
( # 2814 - From Chair on File
( 21. Res. that the preliminary plat entitled RIDGE VIEW, along with the attached
conditions, is hereby accepted; and, the preparation of the final plat of this
( subdivision is hereby authorized; Southwest of 180th Street and West Center Road
( - Outside City - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED
( TODAY))
(
Res. # 2815 -Adopt Carried 7-0
(a) Planning Board and Planning Department recommends approval of
( the Preliminary Plat of RIDGE VIEW; Southwest of 180th Street and
( West Center Road - see attached.
(
# 2815 - From Chair on File
- 4 -
"PURSUANT TO CITY COUNCIL RULE VII E,
AGENDA ITEM NO. 22
SHALL BE LAID OVER TWO WEEKS
FOR PUBLICATION AND PUBLIC HEARING"
22. Res. that the preliminary plat entitled PIONEER HILLS REPLAT, along with the
attached conditions, is hereby accepted; and, the preparation of the final plat of this
subdivision is hereby authorized; Southwest of 142nd and "U" Streets - Inside City-
see attached.
( Doc. # 2816 - Over 2 wks. to 11/5/96 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 PIONEER HILLS REPLAT; Southwest of 142nd
( and "U" Streets - Inside City - see attached.
( # 2816 - Over to 11/5/96
(
* * * * * * * * * * * * * * *
"PURSUANT TO CITY COUNCIL RULE VII E,
AGENDA ITEMS NO. 23 THROUGH 27
SHALL BE LAID OVER TWO WEEKS"
( 23. Res. that an extension of time for the preliminary plat of LAKE SHORE, attached
( hereto and made a part hereof as Exhibit "A", approved by the City Council of the
C City of Omaha, on January 26,1993, is hereby extended by granting a waiver of
( Section 53-6 (7) of the Municipal Code of the City of Omaha; Southeast of 174th
( and "I" Streets - see attached.
(
( Doc. # 2817 - Over 2 wks. to 11/5/96 pursuant to City Council Rule VII E
(
( (a) Planning Board and Planning Department recommend approval of an
( extension of time for the Preliminary Plat of Lake Shore; Southeast of
( 174th and "I" Streets - Outside City - see attached.
( # 2817 - Over to 11/5/96
C
( CONTINUED TO NEXT PAGE
•
( - 5 -
( 24. Res. that the plat entitled LAKE SHORE (Lots 424 - 529) is hereby approved and
accepted; Southeast of 174th and "I" Streets - Outside City - see attached.
( Doc. # 2818 - Over 2wks. to 11/5/96 pursuant to City Council Rule VII E
(
(
( (a) Planning Board and Planning Department recommend approval of the
( Final Plat of LAKE SHORE (Lots 424 - 529); Southeast of 174th and
"I" Streets - Outside City - see attached.
( # 2818 - Over to 11/5/96
(
( 25. 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 - see attached.
(
Doc. # 2819 - Over 2 wks. to 11/5/96 pursuant to City Council Rule VII E
( (a) Planning Board and Planning Department recommend approval of the
Final Plat of SPRING RIDGE REPLAT I; Southeast of 180th and
( Pacific Streets - see attached.
(
( # 2819 - Over to 11/5/96
(
26 . Res. that the Subdivision Agreement between the City of Omaha, Sanitary and
( Improvement District 341 of Douglas County, Nebraska and Pacesetter Homes,
( Inc., as recommended by the Mayor, providing for the public improvements, park
contribution and sewer connection to the Omaha Sanitary Sewer System, is hereby
( approved. The Subdivision is to be known as Lake Shore Lots 424 through 529 and
4 is located Southeast of 174th and "I" Streets - see attached.
( Doc. # 2820 - Over 2 wks. to 11/5/96 pursuant to City Council Rule VII E
(
( 27. Res. that the Subdivision Agreement between the City of Omaha, Sanitary and
( Improvement District 391 of Douglas County, Nebraska and 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 - see
( attached.
( Doc. # 2821 - Over 2 wks. to 11/5/96 pursuant to City Council Rule VII E
- 6 -
PLAT AND DEDICATION
( 28. Plat and Dedication of a strip of ground for Papillion Parkway; South of Blondo
Street at 114th Street - Inside City - over from 10/8/96 for publication and Public
( Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE
( APPROVED TODAY))
( Doc. # 2822 -Approve Carried 7-0
(
(a) Planning Board and Planning Department recommend approval of the
( Plat and Dedication of a strip of ground for Papillion Parkway; South
( of Blondo Street at 114th Street - over from 10/8/96 - see attached.
(
( # 2822 - From Chair on File
ORDINANCES ON FINAL READING and Planning Board Attachments
( 29. Ord. vacating Leavenworth Street from 70th Street west 115± feet in the City of
Omaha and providing the effective date hereof - over from 9/24/96. ((PUBLIC
( HEARING HELD 9/17/96 AND 9/24/96 - CAN BE PASSED TODAY))
Doc. # 2823 - Motion to lay over 2 wks. to 11/5/96 Carried 7-0
(
( (a) Planning Board and Planning Department recommend approval of the
( vacation of Leavenworth Street from 70th Street west 115±feet-over
( from 9/24/96 - see attached.
(
( # 2823 - Over to 11/5/96
(
( (b) Communication from Robert J. Hamer, Assistant City Attorney, re:
( request to withdraw signatures from the petition to vacate
( Leavenworth Street from 70th Street west 115± feet, etc. - over from
( 9/24/96 - see attached.
(
(
# 2823 - Over to 11/5/96
(
(
(
( CONTINUED TO NEXT PAGE
- 7 -
•
( (c) Communications supporting the ordinance vacating Leavenworth
( Street from 70th Street west 115±feet, etc. - over from 9/24/96 - see
(
attached.
(
# 2823 - Over to 11/5/96
(( (d) Documents submitted by Michael Coyle, attorney representing
Sheppard's Business Interiors, re: the vacation of Leavenworth Street
( from 70th Street west 115± feet, etc. - over from 9/24/96 - see
attached.
( # 2823 - Over to 11/5/96
(
(
( (e) Pictures submitted by Michael Coyle, attorney representing
Sheppard's Business Interiors, re: the vacation of Leavenworth Street
( from 70th Street west 115±feet, etc. - over from 9/24/96.
( # 2823 - Over to 11/5/96
(
(
(f) Pictures submitted by Kirk Meisinger re: vacation of Leavenworth
( Street from 70th Street west 115±feet, etc. - over from 9/24/96.
( # 2823 - Over to 11/5/96
(
(
(g) Communication from Michael F. Coyle on behalf of his client,
( Sheppard's Business Interiors, Inc., and the Elmwood Park
( Neighborhood Association, requesting that Agenda Item No. 29 be
( laid over two weeks to November 5, 1996.
( # 2823 - From Chair on File
( 30. Ord. to approve an amendment to the Mixed Use Development Agreement for
property located Northwest of 168th Street and West Center Road (Lakeside Hills)
between the City of Omaha, Northern Natural Gas Company, and THC, Inc.,
( providing site development and use standards; and to provide for an effective date-
see attached. ((PUBLIC HEARING HELD 10/8/96 - CAN BE PASSED TODAY))
( Doc. # 2824 - ORDINANCE # 34020 PASSED Carried 6-1 Yeas:
Anzaldo, Christensen, Council, Koneck, Lo, Takechi Nays: Terry
(
(
( CONTINUED TO NEXT PAGE
(
(
- 8 -
(a) Planning Board and Planning Department recommend approval of an
( amendment to a Mixed Use Development Agreement for Lakeside
( Hills; Northwest of 168th Street and West Center Road - see
attached.
#2824 - From Chair on File
(
(
(b) Documentation submitted by Doug Frailey re: the proposed
( amendment to the Mixed Use Development Agreement for property
( located Northwest of 168th Street and West Center Road (Lakeside
( Hills) - over from 10/8/96 - see attached.
(
( # 2824 - From Chair on File
(
(
( (c) Pictures submitted by Frank Sebron, re: the proposed amendment to
( the Mixed Use Development Agreement for property located
Northwest of 168th Street and West Center Road (Lakeside Hills) -
over from 10/8/96.
( # 2824 - From Chair on File
(
(
( (d) Communication submitted by Councilmember Subby Anzaldo re: the
( proposed amendment to the Mixed Use Development Agreement for
( the property located Northwest of 168th Street and West Center Road
( (Lakeside Hills) - over from 10/8/96 - see attached.
( # 2824 - From Chair on File
(
(
( (e) Communication from Timm R. Bryant, President, Rose Garden
( Estates Homeowners Association, Inc., re: his representation, and
( the homeowners' opposition to the Lakeside Hills Development, etc. -
( see attached.
(
(
( # 2824 - From Chair on File
(
(
( (f) Communication from Lowell D. Nelson, Executive Director, Immanuel
( Healthcare Systems, re: Lakeside Hills, 168th and West Center, etc.
(
(
( # 2824 - From Chair on File
(
- 9 -
( 31. Ord. vacating 5th Street from the south right-of-way line of Dorcas Street to the
( south property line of Lot 11, Block 481, Grandview Addition (215 feet) in the City
( of Omaha and providing the effective date hereof - see attached. ((PUBLIC
HEARING HELD 10/8/96 - CAN BE PASSED TODAY))
( Doc. # 2825 - ORDINANCE # 34021 PASSED Carried 7-0
(
(a) Planning Board and Planning Department recommend approval of the
( vacation of 5th Street from the south right-of-way line of Dorcas Street
( to the south property line of Lot 11, Block 481, Grandview Addition
(215 feet) - Inside City - see attached.
( # 2825 - From Chair on File
ORDINANCE ON FINAL READING
32. Ord. adding a new article entitled "Garage Sales" to Chapter 30 of the Omaha
Municipal Code providing for definitions, providing for certain restrictions on such
sales and providing for an effective date - over from 10/8/96 - see attached.
((PUBLIC HEARING HELD 10/1/96 - CAN BE PASSED TODAY))
Doc. # 2826 - ORDINANCE # 34022 PASSED Carried 7-0
"PURSUANT TO CITY COUNCIL RULE VII D,
THE PUBLIC HEARING ON AGENDA ITEMS NO. 33 THROUGH 37
SHALL BE HELD ON THE THIRD READING"
ZONING ORDINANCES ON SECOND READING
33. Ord. to rezone from R3-Single Family Residential District (Medium-Density) to
LC-Limited Commercial District; East of 50th Street between "J" and "K" Streets.
Doc. # 2827 - Over to 10/29/96
( 34. Ord. to rezone from DR-Development Reserve District to R5-Urban Family
( Residential District (portions of which property lie within the floodplain); 4328 North
87th Avenue.
Doc. # 2828 - Over to 10/29/96
( 35. Ord. to approve a PUD Planned Unit Development Overlay District (portions of
which property lie within the floodplain), to approve the Development Plan, and to
provide for an effective date; 4328 North 87th Avenue.
Doc. # 2829 - Over to 10/29/96
- 10 -
36. Ord. to rezone from R6-Low-Density Multiple Family Residential District, LC-Limited
Commercial District and GO-General Office District to GO-General Office District;
12700 West Dodge Road.
Doc. # 2830 - Over to 10/29/96
37. Ord. to amend Section 55-26, "M", under definitions, 55-68, "Use regulations
summary", and 55-763, "Residential uses", of the Omaha Municipal Code; to
provide for manufactured housing; and to provide for an effective date hereof.
Doc. # 2831 - Over to 10/29/96
* * * * * * * * * * * * * * *
ORDINANCE ON SECOND READING and Planning Board Attachments
( 38. Ord. vacating 18th Street from Dodge Street to Douglas Street and the east/west
alley between Dodge Street and Douglas Street from 18th Street west 132 feet, and
( providing the effective date hereof- see attached. ((PUBLIC HEARING TODAY))
( Doc. # 2832 - Over to 10/29/96
(
( (a) Planning Board and Planning Department recommend approval of the
vacation of 18th Street from Douglas to Dodge Streets and the
( east/west alley between Dodge and Douglas Streets from 18th Street,
( west 176 feet - see attached.
(
( # 2832 - Over to 10/29/96
ORDINANCES ON SECOND READING
39. Ord. to amend Chapter 2, Article III, Division 1, of the Omaha Municipal Code
pertaining to legislation generally; to add a new Section 2-42 requiring that
documents submitted to the City Council bearing a signature shall show the date the
signature was made; and to provide an effective date - see attached. ((PUBLIC
HEARING TODAY))
Doc. # 2833 - Over to 10/29/96
- 11 -
( 40. Ord. to amend Article VII of Chapter 10 of the Omaha Municipal Code dealing with
insurance by adding thereto a new Section, numbered 10-229, providing for
( obtaining liability insurance for the operation by the Omaha Police Department of
( any aircraft, providing for the specific amount of such insurance and providing for
( the effective date hereof- see attached. ((PUBLIC HEARING TODAY))
(
Doc. # 2834 - Motion by Takechi to continue the Public Hearing to 3rd
( Reading on 10/29/96 2nd by Lo
( Sub-motion by Anzaldo to lay over 3rd Reading 6 wks. to 12/3/96 and
( continue the Public Hearing 2nd by Lo Sub-motion Carried 4-3 Yeas:
( Anzaldo, Christensen, Lo, Terry Nays: Council, Koneck, Takechi
( (a) Communication from Louis A. D'Ercole, Acting Finance Director, re:
( ordinance for helicopter insurance, etc. - see attached.
(
( # 2834 - Over to 12/3/96
(
( (b) Communication from Mayor Hal Daub re: Helicopter Liability
( Insurance Ordinance, etc.
(
( # 2834 - Over to 12/3/96
* * * * * * * * * * * * * * * * * * * *
RECESS
( Doc. #2835 - Motion by Anzaldo that the City Council Meeting be at Recess 2nd
by Christensen Carried 7-0
( Doc. # 2836 - Roll Call after Recess at 3:45 P.M.
( Present: Anzaldo, Christensen, Council, Lo, Takechi, Mr. President
(
( Absent: Koneck
* * * * * * * * * * * * * * * * * * * *
41. Ord. to amend Table 18-1-A of Omaha Municipal Code Section 43-126, to provide
standards for lateral bearing pressure for certain isolated poles; to repeal Table
18-1-A of Section 43-126 as heretofore existing; and to provide the effective date
hereof- see attached. ((PUBLIC HEARING TODAY))
Doc. # 2837 - Over to 10/29/96
- 12 -
42. Ord. to amend Chapter 51 of the Omaha Municipal Code entitled "Signs and
Awnings", to add a new Section 51-63 to provide for appeals under Article I I of that
Chapter to the Building Board of Review; and to provide an effective date hereof-
see attached. ((PUBLIC HEARING TODAY))
Doc. # 2838 - Over to 10/29/96
43. Ord. approving an Agreement with the New Community Development Corporation
to allocate funds in the amount of $47,355 for a 60 month period for a Micro
Enterprise Development Program - see attached. ((PUBLIC HEARING TODAY))
Doc. # 2839 - Over to 10/29/96
44. Ord. approving an Agreement with the Omaha Small Business Network, Inc. to
allocate funds for a 60 month period in the amount of$47,355 for development of
a Micro Enterprise Development Program - see attached. ((PUBLIC HEARING
TODAY))
Doc. # 2840 - Over to 10/29/96
SPECIAL USE PERMIT - DAY CARE (GENERAL)
( 45. Res. that the Special Use Permit application for permission to allow Day Care
(General) in an R4(35)-Single Family Residential District (High-Density), located at
( 6330 North 30th Street, Omaha, Nebraska, is hereby approved and the Permits and
( Inspection Division is directed to issue the necessary permit therefor, provided the
( conditions set out in Exhibit"A" of the above referenced application, conditions set
( out in Exhibit"B", and all applicable local or state statutes, ordinances or regulations
are complied with. That the proposed Special Use Permit has been reviewed and
( evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885
( of the Omaha Municipal Code-over from 10/8/96 for publication and Public Hearing
( - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE
( ADOPTED TODAY))
(
Res. # 2841 - Adopt Carried 5-2 Yeas: Anzaldo, Council, Koneck, Lo,
( Takechi Nays: Christensen, Terry
( (a) Planning Board and Planning Department recommend approval of a
( Special Use Permit to allow Day Care (General) in an R4(35) District;
( 6330 North 30th Street - over from 10/8/96 - see attached.
(
( # 2841 - From Chair on File
(
- 13 -
( 46. Res. that the Special Use Permit application for permission to allow Day Care
(General) in a DR-Development Reserve District, located at 3727 North 108th
( Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection
( Division is directed to issue the necessary permit therefor, provided the conditions
( set out in Exhibit "A" of the above referenced application, conditions set out in
( Exhibit"B", and all applicable local or state statutes, ordinances or regulations are
( complied with. That the proposed Special Use Permit has been reviewed and
evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885
( of the Omaha Municipal Code-over from 10/8/96 for publication and Public Hearing
( - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE
( ADOPTED TODAY))
(
Doc. # 2842 - Motion by Lo to Adopt 2nd by Koneck
( Sub-motion by Anzaldo to lay over 1 wk. to 10/29/96 2nd by Terry
( Sub-motion Carried 5-2 Yeas: Anzaldo, Christensen, Council, Lo, Terry
( Nays: Koneck, Takechi
(
(a) Planning Board and Planning Department recommend approval of a
( Special Use Permit to allow Day Care (General) in a DR District; 3727
( North 108th Street - over from 10/8/96 - see attached.
(
( # 2842 - Over to 10/29/96
CONDITIONAL USE PERMIT -AUTOMOTIVE REPAIR FACILITY
( 47. Res. that the Conditional Use Permit application of Don Chase for permission to
( allow an Automotive Repair Facility in a CC-Community Commercial District located
Southwest of 103rd Street and Ellison Circle, is hereby approved and the Permits
( and Inspection Division is directed to issue the necessary permit therefor, provided
( the applicant complies with the conditions set out in Exhibit "A" of the above
( referenced application and all applicable local or state statutes, ordinances or
( regulations. Further, that the proposed Conditional 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 10/8/96 for publication and Public
( Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE
( ADOPTED TODAY))
(
Res. # 2843 - Adopt Carried 6-1 Yeas: Anzaldo, Christensen, Council,
( Koneck, Takechi, Terry Nays: Lo
(
CONTINUED TO NEXT PAGE
- 14 -
a
(
(
( (a) Planning Board and Planning Department recommended DENIAL of
a request for a Conditional Use Permit to allow Automotive Repair
( Facility in a CC District; Southwest of 103rd Street and Ellison Circle -
( over from 10/8/96 - see attached.
(
(
( # 2843 - From Chair on File
(
( (b) Documentation submitted by Victor Lich, attorney representing Don
(
( Chase, re: his application for a Conditional Use Permit to allow an
Automotive Repair Facility southwest of 103rd and Ellison Circle, etc.
(
( # 2843 - From Chair on File
(
LEASE
( 48. Res. that the request of Paul A. Pellerito for permission to change lessee's name
to Paul A. Pellerito and install a sign located at 1235 South 13th Street, Omaha,
( Nebraska, be and hereby is approved, and the Permits and Inspection Division is
( directed to issue the necessary permit therefore, contingent upon continued
( compliance with all requirements made and provided by law- over from 10/8/96 for
( publication and Public Hearing - had publication - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
(
( Res. # 2844 -Adopt Carried 7-0
(
(
(
( (a) Permits and Inspection transmits the request of Paul A. Pellerito to
( change the lessee's name to Paul A. Pellerito and to install a sign at
( 1235 South 13th Street, Omaha, Nebraska. The Planning
( Department and Public Works Department recommend approval of
this request - over from 10/8/96 - see attached.
(
( # 2844 - From Chair on File
(
- 15 -
RESOLUTIONS
(( MOTIONS ON RESOLUTIONS UNLESS OTHERWISE SPECIFIED SHOULD BE TO
(ADOPT) OR (NOT ADOPT) ))
( 49. Res. that the City Council determines that the employee in question has received
( full and complete longevity compensation for the period in dispute; and therefore, _
his claim for underpayment of longevity is hereby denied (Officer Robert Fidone) -
( over from 10/8/96 and continue the Public Hearing - see attached. ((PUBLIC
( HEARING CONTINUED TO TODAY - CAN BE ADOPTED TODAY))
( Doc. # 2845 - Motion by Anzaldo not to adopt Resolution and approve Mr.
( Fidone's claim, but limit it to 18 months prior to filing his claim 2nd by
( Koneck
Sub-motion by Takechi to go into Executive Session LOST for lack of a 2nd
Original Motion Carried 6-1 Yeas: Anzaldo, Christensen, Koneck, Lo,
( Takechi, Terry Nays: Council
(( (a) Document submitted by Tom Dowd, attorney representing Robert
Fidone, re: his claim against the City of Omaha for longevity pay.
(
( # 2845 - From Chair on File
50. Res. that the City Council determines that the Claimants in question have received
full and complete compensation for the period in dispute; and, therefore, their claims
for underpayment of wages is hereby denied (Mary Cohan and Mitsu Davis) - over
from 10/8/96 and continue the Public Hearing - see attached. ((PUBLIC HEARING
CONTINUED TO TODAY - CAN BE ADOPTED TODAY))
Res. # 2846 -Adopt Carried 7-0
51. Res. assigning Councilmembers Subby Anzaldo, Frank Christensen and Lormong
Lo to assess damages, if any, relative to the proposed vacation of east-west alley
between Jones Street and Leavenworth Street from 33rd Street west 132 feet- see
attached.
Res. # 2847 - Adopt Carried 7-0
52. Res. that the Engineering Services Agreement with HGM Associates, Inc. for a
sewer separation project, to provide preliminary surveying for project RNC 5429,
located between 36th and 41st Streets and Gold and Arbor Streets, is hereby
approved; that the Finance Department is authorized to pay $24,800.00 from the
Sanitary Sewer Improvement Organization 1485, Fund 544 - see attached.
Res. # 2848 -Adopt Carried 7-0
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53. Res. that the Supplemental Agreement No. 2 with the Nebraska Department of
Roads for the non-betterment rehabilitation of MUD water facilities at Interstate
1-680 and Blondo Street is hereby approved; and, the Finance Department is
authorized to pay $92,100.00 from the 1993 Street & Highway Bond, HR3299-#2,
Organization 1509, Fund 319 - see attached.
Res. # 2849 -Adopt Carried 7-0
54. Res. approving the contract with WesTech Engineering, Inc., as recommended by
the Mayor, for STP 5060A being a motorized distributor drive as part of the Missouri
River Wastewater Treatment Plant trickling filter improvements to be paid from the
Sanitary Sewer Improvement Organization, 1485, Fund 544, in the amount of
$199,450.00 - see attached.
Res. # 2850 -Adopt Carried 7-0
55. Res. approving the contract with Conservatek Industries, Inc., as recommended by
the Mayor, for STP 5060B being the construction of prefabricated aluminum dome
covers as part of the Missouri River Wastewater Treatment Plant trickling filter
improvements to be paid from the Sanitary Sewer Improvement Organization 1485,
Fund 544, in the amount of$630,804.00 - see attached.
Res. # 2851 - Adopt Carried 7-0
56. Res. authorizing the Purchasing Agent to issue a purchase order to Abstract
Painting for painting the primary clarifier mechanism at the Missouri River
Wastewater Treatment Plant in the amount of $28,445.00, to be paid from the
Missouri River Wastewater Treatment Plant Maintenance Organization 1472, Fund
541 - see attached.
Res. # 2852 - Adopt Carried 7-0
57. Res. accepting the bids, as detailed within this Resolution and attached Bid
Tabulation, for the purchase of an estimated 11,500 gallons of liquid calcium
chloride and an estimated 5,000 gallons of liquid magnesium chloride to be utilized
by the Street Maintenance Division for de-icing during the 1996-1997 winter season,
to be paid from the Street Maintenance Snow and Ice Control Organization 1420,
Fund 103 - see attached.
Res. # 2853 -Adopt Carried 7-0
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58. Res. that the attached Agreement, as recommended by the Mayor, to allow the
disbursement of the remaining balance of funds, in the amount of $509,357.82,
authorized by the Agreement approved August 22, 1995, by Resolution No. 2135,
between the City of Omaha and Community Alliance Residential Services, Inc., a
Nebraska Non-Profit Corporation, 4001 Leavenworth Street, Omaha, Nebraska
68105, for the purpose of constructing two assisted living units each with six
bedrooms, located at 2052 Deer Park Boulevard, Omaha, Nebraska 68108, for the
use by persons recovering from chronic mental illness, is hereby approved. Those
previously approved funds in the amount of $250,320.00 shall be paid from the
HOME Program, Fund No. 186, Organization No. 5010, $185,757.82 shall also be
paid from HOME Program Fund No. 186, Organization No. 5010, and $73,280.00
shall be paid from Keno/Lottery Fund No. 120, Agency No. 110, Organization No.
1106 - see attached.
Res. # 2854 -Adopt Carried 7-0
59. Res. that the attached agreement, as recommended by the Mayor, to provide a
repayable loan for the rehabilitation of the property located at 1211 South 27th
Street in the amount of$24,650.00 and a Deferred Payment Loan in the amount of
$20,000.00 for a total of $44,650.00, for Daphne B. McCann's residence in the
Columbus Park Neighborhood, is approved, contingent upon Thomas M. McCann
(son) co-signing the loans. The contract is to be awarded to Williams Construction
Company. Funds shall be paid from the Community Development Block Grant
Fund No. 193, Target Area Rehabilitation Program, Organization No. 8306 - see
attached.
Res. # 2855 -Adopt Carried 7-0
60. Res. that the attached Agreement, as recommended by the Mayor, between the
City of Omaha and Dennis W. Angleton to rehabilitate the residential units in the
property at 3110 Cass Street, is hereby approved. Funding shall be in the amount
of $21,500.00 CDBG Rental Rehabilitation Program-Deferred Payment Loan.
These funds shall be payable from the Community Development Block Grant Fund
No. 193, Community Development Rental Rehabilitation Program, Cost center No.
8318 - see attached.
Res. # 2856 -Adopt Carried 7-0
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- J
61. Res. that, as recommended by the Mayor, the Agreement for The Provision of
Limited Professional Services Agreement with the Big Muddy Workshop for services
associated with a riverfront trail parallel to the Missouri River in downtown Omaha
and an application to the National Park Service to provide 84% of the costs
associated with the Agreement, are hereby approved. Further, that the Finance
Director is authorized to pay the City's share of the required funds from Park Bond
Fund 318-120-1295-3133 in the amount of$10,362.00 - see attached.
Doc. # 2857 - Read
Doc. # 2858 - Motion to amend the Agreement by adding a provision as 4.9
that says the City's duty to pay is contingent upon our receiving this grant
Carried 6-0
Res. # 2859 -Adopt as Amended Carried 6-0
62. Res. that, as recommended by the Mayor, costs in the amount of$84,384.00, for
playground equipment, a shelter and other associated amenities at Picotte School
as proposed by Sanitary and Improvement District No. 337, Nelsons Creek, with
all costs being a 100% obligation of the district, is hereby approved - see attached.
Res. # 2860 - Adopt Carried 7-0
63. Res. that, as recommended by the Mayor, costs not to exceed $224,813.00,
including soft costs, for construction of a park within Huntington Park, S.I.D. 374,
with the district bearing 100% of the cost obligations, are hereby approved - see
attached.
Res. # 2861 -Adopt Carried 7-0
64. Res. that the bid of Ameritech Library Services, as recommended by the Mayor, for
the purchase of eight 3M Security System Self Checkout Machines per
specifications in the amount of $174,400.00 is approved. That the funds for this
purchase will be paid from the Douglas County Supplement Fund Organization
Number 1690 - see attached.
Res. # 2862 - Adopt Carried 7-0
65. Res. that the bid of Bishop Business Equipment, as recommended by the Mayor,
for the purchase of 18 photocopiers per specifications in the amount of $67,809,
and vending equipment in the amount of$27,676, plus cards, 4 encoders, and 17
stands in the amount of$11,697.50 and annual maintenance per specifications at
$.011 per copy for the administrative photocopier and at $.013 per copy for the
public use photocopiers is approved. Further, that the funds for this purchase will
be paid from the Library Trust Fund Organization Number 1620, the Douglas
County Supplement Fund Organization Number 1690, and the Public Library
General Fund Organization Number 1604 - see attached.
Res. # 2863 - Adopt Carried 7-0
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4 �
66. Res. that the appointment by the Mayor of Charles E. Trimble as a member of the
Landmarks Heritage Preservation Commission to serve a term commencing
November 10, 1996, and expiring November 9, 1999, is hereby confirmed - see
attached.
Res. #2864 -Adopt Carried 6-1 Yeas: Anzaldo, Christensen, Council, Lo,
Takechi, Terry Nays: Koneck
"PURSUANT TO CITY COUNCIL RULE VII D,
THE PUBLIC HEARINGS ON AGENDA ITEMS NO. 67 THROUGH 68
SHALL BE HELD ON THE THIRD READING"
ZONING ORDINANCES ON FIRST READING and Planning Board Attachments
( 67. Ord. to rezone from AG-Agricultural District to R4-Single Family Residential District
(High-Density); Southeast of 174th and "I" Streets.
•
( Doc. # 2866 - Hearing 11/5/96
(
(
( (a) Planning Board and Planning Department recommend approval of a
request to rezone from AG to R4; Southeast of 174th and "I" Streets -
see attached.
( # 2866 - Over to 11/5/96
(
( 68. Ord. to rezone from AG-Agricultural District to R4-Single Family Residential District
(High-Density); Southeast of 180th and Pacific Streets.
( Doc. # 2867 - Hearing 11/5/96
(
(
( (a) Planning Board and Planning Department recommend approval of a
( request to rezone from AG to R4; Southeast of 180th and Pacific
Streets - see attached.
( # 2867 - Over to 11/5/96
(
* * * * * * * * * * * * * * *
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"PURSUANT TO CITY COUNCIL RULE VII C,
THE PUBLIC HEARINGS ON AGENDA ITEMS NO. 69 THROUGH 77
SHALL BE HELD ON THE SECOND READING."
ORDINANCES ON FIRST READING and Planning Board Attachments
( 69. Ord. vacating the East 1.5 feet of 29th Street from Weber Street North 66 feet
adjacent to Lot 7, Block 231, Florence (2872 Weber Street), in the City of Omaha
and providing the effective date hereof- see attached.
Doc. # 2868 - Hearing 10/29/96
(
( (a) Planning Board and Planning Department recommend approval of the
vacation of the east 1.5 feet of 29th Street from Weber Street north 66
( feet (2872 Weber Street) - see attached.
(
( # 2868 - Over to 10/29/96
( 70. Ord. vacating the West 4 feet of 55th Street adjacent to the North 49.3 feet of the
( South 128 feet of Lot 13, Block 4, Brookline Addition (1918 South 55th Street), in
the City of Omaha and providing the effective date hereof- see attached.
( Doc. # 2869 - Hearing 10/29/96
(
(
( (a) Planning Board and Planning Department recommend approval of the
vacation of the west 4 feet of 55th Street adjacent to the north 49.3
( feet of the south 128 feet of Lot 13, Block 4, Brookline Addition; 55th
( Street north of Cedar Street (1918 South 55th Street) - see attached
(
( # 2869 - Over to 10/29/96
ORDINANCES ON FIRST READING
71. Ord. to amend Chapter 17 of the Omaha Municipal Code entitled Noise Control by
adding thereto a new Ordinance providing for limits to amplified sound - see
attached.
Doc. # 2870 - Hearing 10/29/96
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72. Ord. to amend Section 30-86 of the Omaha Municipal Code; to reduce the required
amount of a salvage dealer's bond from $50,000 to $25,000; to repeal Section
30-86 as heretofore existing; and to provide the effective date thereof - see
attached.
Doc. # 2871 - Hearing 10/29/96
73. Ord. approving an Amendment to Ordinance No. 33711, a redevelopment and tax
increment financing loan agreement with the Lozier Corporation, 6336 Pershing
Drive, Omaha, Nebraska 68110. The Agreement approved by Ordinance #33711
on October 31, 1995 did not include the language to authorize the payment of the
funds to the City - see attached.
Doc. # 2872 - Hearing 10/29/96
74. Ord. providing for the sale of City-owned surplus real property; to provide that
notwithstanding any provisions of the Omaha Municipal Code to the contrary, the
City is authorized to accept and receive the offer of Mary L. Navarijo, 2516 Drexel
Street, Omaha, Nebraska 68107, to purchase the real property described as the
West 8 feet of Lot 1, Harris and Patterson's Annex Replat I, an Addition to the City
of Omaha, as surveyed, platted and recorded in Douglas County, Nebraska,
commonly known as 2512 Drexel Street, for the sum of $1.00 and to provide the
effective date hereof- see attached.
Doc. # 2873 - Hearing 10/29/96
75. Ord. providing for the sale of a City owned surplus real property; to provide that
notwithstanding Article III, Chapter 27 of the Omaha Municipal Code to the contrary,
the City is authorized to accept and receive the offer of Edward and Betty Mayhue,
3515 Lafayette Avenue, Omaha, Nebraska 68131, to purchase the real property
described as Lot E, Block 4, Bemis Park Addition, an addition to the City of Omaha
as surveyed, platted and recorded in Douglas County, Nebraska, commonly known
as 3519 Lafayette Avenue, for a sum of$200.00; and to provide the effective date
hereof- see attached.
Doc. # 2874 - Hearing 10/29/96
76. Special Ord. levying a special tax and assessment on all lots and pieces of real
estate within Street Improvement District No. 6844 in the City of Omaha, to cover
the cost of grading, paving, curbing and constructing storm sewers on Kansas
Avenue from a point 115± feet west of 79th Street to 79th Avenue; 79th Avenue
from Kansas Avenue to a point 305±feet north; and 80th Street from 79th Avenue
northwesterly to a point 105±feet south of Curtis Avenue - see attached.
Doc. # 2875 - Hearing 10/29/96
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77. Special Ord. levying a special tax and assessment on certain lots and pieces of real
estate in the City of Omaha to cover the cost of constructing sewers in Sewer
District No. 1571, being Kansas Avenue from a point 115±feet west of 79th. Street
to 79th Avenue; 79th Avenue from Kansas Avenue to a point 305±feet north; and
80th Street from 79th Avenue northwesterly to a point 105± feet south of Curtis
Avenue - see attached.
Doc. # 2876 - Hearing 10/29/96
* * * * * * * * * * * * * * *
EXECUTIVE SESSION
78. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
Adjourn: 5:58 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.
* * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * *
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SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR OCTOBER 22, 1996
LEGISLATIVE CHAMBERS - 2:00 P.M. - PREPARED OCTOBER 22. 1996 AT 10:00 A.M.
ADDITIONAL LIQUOR
79. Hy Vee Food Stores, Inc., 747 North 132nd Street, requests permission for a Special
Designated License for a holiday show, on November 2, 1996 from 1:00 P.M. to 7:00 P.M. -
see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Doc. #2812 -Approve Carried 7-0
ADDITIONAL RESOLUTION
80. Res. that the Agreement between the City of Omaha Public Works Department and K & M
Sirloin Pit No. 311, Larry A. Miller and Carol F. Miller, I-GO Van & Storage Company,
Business Realty Co., and ATS Mobile Telephone, Inc., is hereby approved and the Public
Works Department is authorized to make payment in the amount of eight hundred sixty-one
thousand and no/100 dollars ($861,000.00) upon completion of the conditions of the.... .
attached Agreement; and, the Finance Department is authorized to pay the costs of the
payment from the 1993 Street and Highway Bond, HR 3299-2, Fund 319 (S.I.D. 6856 -
76th Drive) -see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. #2865 -Adopt Carried 7-0
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.
* * * * * * * * * * * * * * * *
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