1995-12-12j • •
"CORRECTED"
CITY COUNCIL AGENDA FOR DECEMBER 12. 1995
LEGISLATIVE CHAMBERS -2:00 P.M.
ROLL CALL
1. City Clerk calls the roll.
Doc. # 3256 - Present: Council, Koneck, Lo, Takechi, Anzaldo, Christensen,
Mr. President
2. Pledge of Allegiance.
3. Invocation by Councilmember Lormong Lo of District No. 1.
CERTIFICATION OF PUBLICATION
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of
Omaha on December 8, 1995, notice re: Pre-Council and Regular City Council Meetings,
December 12, 1995.
Doc. # 325 -From Chair on File
RECONSIDERATION
( 5. Ord.to amend sections 36-283 and 36-287 of the Omaha Municipal Code, entitled "Waiver
( of appearance, guilty plea; when acceptable," and "Administrative fee, definition,
( establishment;" to establish a penalty in section 36-283 to be set on an annual basis by the
( mayor or his designee; and to provide in section 36-287 for the cost of Parking Control
( Technicians operations as an additional administrative cost to be included with the traffic
( violations bureau in determining the administrative fees; to repeal sections 36-283 and
( 36-287 of the Omaha Municipal Code as heretofore existing; and to provide the effective
( date hereof- over from 12/5/95 for Roll Call on Reconsideration- see attached.
(
( Doc. # 3258 - Roll Call on Reconsideration Carried 5-1-1 Pass Yeas: Council,
Koneck, Lo, Anzaldo, Terry Nays: Takechi Pass: Christensen
( Doc. # 3259 -Read
( (a) Amendment of the Whole requested by Councilmember Council - see
(
( attached.
(
( Doc. #3260-Motion by Council to pass as amended 2nd by Terry
( Sub-motion by Takechi NOT to pass the ordinance or the amendment
( of the whole 2nd by Anzaldo
(
( Sub-motion LOST 2-5 Yeas: Takechi, Anzaldo Nays: Council,
Koneck, Lo, Christensen, Terry
( Original motion to pass ORDINANCE # 33727 AS AMENDED
( Carried 5-2 Yeas: Council, Koneck, Lo, Christensen, Terry Nays:
( Takechi, Anzaldo
LIQUOR
•
6. CLASS "C" -Lucky LTD,Inc.,dba"White Horse Restaurant", 314 South 16th Street. New
application, new location. Location previously licensed to Cheval Blanc, Inc., dba "The
White Horse", 314 South 16th Street, which had a Class "C" Liquor License. On 10/31/89
the Omaha City Council granted Cheval Blanc, Inc. a hardship, and on 11/3/89 NLCC
notified that the hardship request was moot. Property posted: 12/1/95. Notified: 12/4/95 -
see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR
MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY))
Res. # 3261 - Grant Carried 6-0
- 2 -
( 7. CLASS "C" -Grandmother's,Inc.,dba"Grandmother's Restaurant",3321 South 72nd Street.
( New application, new location. Location previously licensed to Holiday Enterprises, Inc.,
dba "Garden Cafe at Holiday Central", 3321 South 72nd Street, which had a Class "C"
( Liquor License but did not renew for the 1995-96 licensing year. Property posted: 12/1/95.
( Notified: 12/4/95 - see attached. ((YOU HAVE YOUR HEARING ON THE
( APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
( EITHER TO GRANT OR DENY))
(
( Doc. # 3262 -Read
Doc. # 3263 - Suspend City Council Liquor Rules Carried 7-0
( Res. # 3264 - Grant Carried 7-0
( Doc. # 3265 - Reinstate City Council Liquor Rules Carried 7-0
( (a) Document submitted by the City Clerk re: liquor licenses in the vicinity of
3321 South 72nd Street. ((SEE FOLDERS)) .
(
# 3262 -Read
# 3264 -From Chair on File
8. CLASS "I" -Austins Old Market,Inc.,dba"Austins Steaks& Saloon", 1101 Harney Street.
New application,new location. Property posted: 12/5/95. Notified: 12/5/95 -see attached.
((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION
SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY))
Res. # 3266 - Grant Carried 5-0
( 9. CLASS "J" -Don Losole, Inc.,dba"Lo Sole Mio Trattoria(The Deli)", 3548 Center Street.
( New application,new location. Property posted: 12/1/95. Notified: 12/4/95 -see attached.
( ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION
SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY))
( Res. # 3267 - Grant Carried 5-0
(
10. CLASS "K"(WINE OFF SALE)-Don Losole,Inc.,dba"Lo Sole Mio Trattoria(The Deli)",
( 3548 Center Street. New application, new location. Property posted: 12/1/95. Notified:
( 12/4/95 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT
YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR
( DENY))
( Res. # 3268 - Grant Carried 5-0
(
( (a) Document submitted by the City Clerk re: liquor licenses in the vicinity of
( 3548 Center Street. ((SEE FOLDERS))
(
# 3268 - From Chair on File
- 3 -
11. Hezekiah Johnson, Sr., dba "South Terrace Lodge 1729", 4830 Ames Avenue, requests
permission for an addition to his present Class "C" Liquor License of the entire building,
including the basement. Property posted: 12/1/95. Notified: 12/4/95 - see attached.
((MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Doc. # 3269 -Approve Carried 7-0
12. Austins 72nd, Inc., dba "Austins Steaks & Saloon", 1414 South 72nd Street, requests
permission to appoint George Floyd Birkheimer as manager of their present Class "I".Liquor
License - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Doc. # 3270 -Approve Carried 7-0
13. Austins Omaha, Inc., dba "Austins Steaks & Saloon", 12020 Anne Street, requests
permission to appoint George Floyd Birkheimer as manager of their present Class "I" Liquor
License - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Doc. # 3271 -Approve Carried 7-0
14. Missouri Development Company,dba"Austins Steaks&Saloon", 11224 West Dodge Road,
requests permission to appoint George Floyd Birkheimer as manager of their present Class
"I" Liquor License - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO
APPROVE))
Doc. # 3272 -Approve Carried 7-0
15. Hy Vee Food Stores, 747 North 132nd Street,requests permission for a Special Designated
License for Wine Tasting,on December 16, 1995 from 1:00 P.M.to 6:00 P.M. -see attached.
((MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Doc. # 3273 -Approve Carried 7-0
16. Hy Vee Food Stores, 747 North 132nd Street,requests permission for a Special Designated
License for Wine Tasting,on December 23, 1995 from 1:00 P.M.to 6:00 P.M. -see attached.
((MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Doc. # 3274 -Approve Carried 7-0
- 4 -
CONDEMNATION-APPEALS
( 17. John David MaGee, Pastor, Allen Chapel AME Church, appeals the condemnation of a 1
story,wood frame dwelling, 720 square feet, located at 2842 a/k/a 2838%2 Monroe 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 9/19/95 - see attached.
(
( Doc. # 3275 - Motion to lay over 16 wks. to 4/2/96 Carried 7-0
(
( (a) Report from the City Clerk,re: Condemnation appeal hearing of September
( 19, 1995, on property located at 2842 a/k/a 2838% Monroe Street - see
( attached.
(
(
( # 3275 - Over to 4/2/96
( 18. Randy Geiver appeals the condemnation of a 2`/2 story,wood and brick apartment building,
5,612 square feet, located at 2325 South 14th Street, as set forth in Section 43-51 Appeal
( Procedure of Division 3 of Unsafe Buildings of General Ordinance of the City of Omaha-
( over from 10/17/95 - see attached.
Doc. # 3276 -Motion to lay over 25 wks. to 6/4/96 Carried 7-0
(
( (a) Pictures submitted by Ken Taylor, Planning Department, re: condemnation
( appeal of the property located at 2325 South 14th Street-over froml0/17/95.
(
(
( # 3276 - Over to 6/4/96
(
(
(b) Report from the City Clerk, re: Condemnation appeal hearing of June 6,
( 1995, on property located at 2325 South 14th Street - over from 10/17/95 -
( see attached.
(
( # 3276 - Over to 6/4/96
(
(
(
( (c) Pictures submitted by Ken Taylor, Planning Department, re: condemnation
( appeal of the property located at 2325 South 14th Street - over from
10/17/95.
# 3276 - Over to 6/4/96
CONTINUED TO NEXT PAGE
(
(
- 5 -
( (d) Report from the City Clerk, re: Condemnation appeal hearing of June 27,
1995, on property located at 2325 South 14th Street - over from 10/17/95 -
see attached.
( # 3276 - Over to 6/4/96
(
(e) Pictures submitted by Ken Taylor, Planning Department, re: condemnation
( appeal of the property located at 2325 South 14th Street - over from
( 10/17/95.
(
( # 3276 - Over to 6/4/96
(
(f) Report from the City Clerk,re: Condemnation appeal hearing of September
( 26, 1995,on property located at 2325 South 14th Street-over from 10/17/95
( - see attached.
(
( #3276- Over to 6/4/96
(
(g) Report from the City Clerk,re: Condemnation appeal hearing of October 17,
1995, on property located at 2325 South 14th Street- see attached.
( # 3276 - Over to 6/4/96
19. Elpidio P. Mayo, Assignee, on behalf of Isany Mayo and Moises G. Olimpo, appeals the
condemnation of a 1 story,wood frame dwelling, 1,196 square feet, located at 1019 South
22nd 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 10/31/95 - see attached.
Doc. # 3277 - Motion by Lo to lay over 17 wks. to 4/9/96 2nd by Christensen
Councilmember Lo withdraws his motion
Councilmember Christensen withdraws his 2nd
Motion to lay over 7 wks. to 1/30/96 Carried 7-0
20. Scott E. Hill with Douglas County Bank&Trust Co. appeals the condemnation of a 2 story,
wood frame dwelling, 1,607 square feet, located at 1014 South 26th 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. # 3278 -Motion to lay over 12 wks. to 3/5/96 Carried 7-0
- 6 -
ZONING ORDINANCES ON FINAL READING and Planning Board Attachments
( 21. Ord. to rezone from R4(35)-Single Family Residential District(High-Density) and R4-PK
Single Family Residential District(High-Density)-Parking District to HI-Heavy Industrial
( District;Northeast of 35th and"J" Streets-over from 12/5/95. ((PUBLIC HEARING HELD
( 10/31/95 - CAN BE PASSED TODAY))
( Doc. # 3279 -Motion by Koneck to place on file 2nd by Christensen
Sub-motion by Anzaldo that ORDINANCE# 33728 BE PASSED 2nd by Lo
( Sub-motion Carried 4-3 Yeas: Lo, Takechi, Anzaldo, Terry Nays: Council,
( Koneck, Christensen
( (a) Planning Board and Planning Department recommend approval of a request
to rezone from R4(35)and R4-PK to HI;Northeast of 35th and "J" Streets-
over from 12/5/95 - see attached.
( # 3279-From Chair on File
(b) Communication from Jeffrey P. Johnson, Planning Director, re: complaints
( received from neighbors surrounding the beef plant at 37th& "L" Streets,etc.
( -over from 12/5/95 - see attached.
( # 3279 -From Chair on File
(c) Copy of a communication from Senator Don Preister,District 5,to Nebraska
(( Beef Co., submitted by Bob Floyd re: rezoning of the property located
northeast of 35th and "J" Streets
( # 3279 -From Chair on File
( 22. Ord. to rezone from GO-General Office District to CC-Community District; Southeast of
129th Street and West Maple Road. ((PUBLIC HEARING TODAY - CAN BE PASSED
( TODAY))
( Doc. # 3280 - ORDINANCE# 33729 PASSED Carried 7-0
(a) Planning Board and Planning Department recommend approval of a request
( to rezone from GO to CC; Southeast of 129th Street and West Maple Road-
( see attached.
( # 3280 - From Chair on File
- 7 -
RESOLUTIONS RE: PRELIMINARY PLATS.PLATS& SUBDIVISION AGREEMENTS
( 23. Ord. to approve an amendment to the Development Agreement for property located
( Northeast of 83rd and Cass Streets between the City of Omaha and Cass Street Partnership,
providing site development and use standards; and to provide for an effective date - see
( attached. ((PUBLIC HEARING TODAY- CAN BE PASSED TODAY))
(
( Doc. #3281 -Motion to lay over 1 wk.to 12/19/95 and continue the Public Hearing
( Carried 7-0
(a) Documents submitted bythe CityClerk re: the development of theproperty
( P
( located northeast of 83rd and Cass Streets, etc.
(
# 3281 - Over to 12/19/95
24. Res. that the revised preliminary plat entitled CASS STREET REPLAT (a cluster
( subdivision) is hereby accepted; and,the preparation of the final plat of this subdivision is
(
( hereby authorized; Northeast of 83rd and Cass Streets-Inside City-over from 11/21/95 for
publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING
( TODAY - CAN BE ADOPTED TODAY))
( Doc. #3282 -Motion to lay over 1 wk.to 12/19/95 and continue the Public Hearing
( Carried 7-0
(
( (a) Planning Board and Planning Department recommend approval of the
(( Revised Preliminary Plat of CASS STREET REPLAT (a cluster
subdivision); Northeast of 83rd and Cass Streets - Inside City - over from
( 11/21/95 - see attached.
(
( # 3282 - Over to 12/19/95
(
( 25. Res.that the plat entitled CASS STREET REPLAT(a cluster subdivision)with a waiver of
( Section 53-7(4)(c) of the Municipal Code of the City of Omaha requiring the Douglas
( County Treasurer's signature on the final plat prior to City Council action is hereby approved
and accepted; Northeast of 83rd and Cass Streets - Inside City - over from 11/21/95 for
( publication and Public Hearing -had publication- see attached.
(
( Doc.#3283 -Motion to lay over 1 wk.to 12/19/95 and continue the Public Hearing
( Carried 7-0
(
(
( CONTINUED TO NEXT PAGE
(
( - 8 -
( (a) Planning Board and Planning Department recommend approval of the Final
( Plat of CASS STREET REPLAT (a cluster subdivision);Northeast of 83rd
and Cass Streets -Inside City - over from 11/21/95 - see attached.
( # 3283 - Over to 12/19/95
( 26. Res.that the Subdivision Agreement between the City of Omaha and Cass Street Partnership,
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 Cass Street Replat which will be located Northeast of 83rd& Cass Streets -over
( from 11/21/95 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED
TODAY))
Doc. #3284 -Motion to lay over 1 wk.to 12/19/95 and continue the Public Hearing
( Carried 7-0
(
( 27. Res. that the replat transmitted herewith entitled ORCHARD HILLTOP COMMERCIAL
REPLAT I,is hereby approved along with a waiver of Section 53-7(4)(c) of the Municipal
( Code of the City of Omaha requiring the Douglas County Treasurer's signature on said replat
( prior to City Council action; and concurrently a portion of the existing plat entitled Orchard
( Hilltop Commercial, and described on said replat, is hereby vacated; Southeast of 72nd
( Street and Crown Point Avenue - Outside City - see attached. ((PUBLIC HEARING
TODAY - CAN BE ADOPTED TODAY))
Res. # 3285 -Adopt Carried 6-0
( (a) Planning Board and Planning Department recommend approval of the Final
Plat of ORCHARD HILLTOP COMMERCIAL REPLAT I; Southeast of
( 72nd Street and Crown Point Avenue - Outside City - see attached.
(
( # 3285 - From Chair on File
(
28. Res.that the Subdivision Agreement between the City of Omaha and Construction Sciences,
( Incorporated, 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 Orchard Hilltop Commercial Replat 1 which will be located Southeast of 72nd
( Street and Crown Point Avenue- see attached. ((PUBLIC HEARING TODAY- CAN BE
ADOPTED TODAY))
Res. # 3286 -Adopt Carried 6-0
- 9 -
* * * * * * * * * * * * * * * * * * * *
RECESS
( Doc.#3287-Motion by Anzaldo that the City Council Meeting be at Recess 2nd by Terry
( Carried 6-0
(
Doc. # 3288 - Roll Call after Recess at 5:03 P.M.
( Present: Council,Koneck, Anzaldo, Mr. President
( Absent: Lo, Takechi, Christensen
* * * * * * * * * * * * * * * * * * * *
"PURSUANT TO CITY COUNCIL RULE VII H,
DUE TO NO MEETINGS
BEING HELD DECEMBER 26, 1995 AND JANUARY 2, 1996,
AGENDA ITEM NO. 29 SHALL BE LAID OVER FOUR WEEKS
TO JANUARY 9, 1996 FOR PUBLICATION AND PUBLIC HEARING"
( 29. Res. that the replat transmitted herewith entitled WYNNEWOOD 3RD ADDITION
REPLAT I,with a waiver of Section 53-7(4)(c)of the Municipal Code of the City of Omaha
( requiring the Douglas County Treasurer's signature on the final plat prior to City Council
( action, is hereby approved; and concurrently portions of the existing plats entitled
Wynnewood and Wynnewood 3rd Addition,and described on said replat, is hereby vacated;
Northwest of 79th Street and Crown Point Avenue - Inside City - see attached.
(
( Doc. #3289-Over 4 wks. to 1/9/96 for publication and Public Hearing pursuant to
City Council Rule VII H
(a) Planning Board and Planning Department recommend approval of the Final
Plat of WYNNEWOOD 3RD ADDITION REPLAT I; Northwest of 79th
( Street and Crown Point Avenue- Inside City - see attached.
( # 3289 - Over to 1/9/96
* * * * * * * * * * * * * * *
- 10 -
ORDINANCES ON FINAL READING and Planning Board Attachments
( 30. Ord. vacating that part of Leavenworth Street and the abandoned railroad spur right-of-way
lying East of the East line of Lot 2, Block 208, Original City of Omaha, Douglas County,
( Nebraska; Leavenworth Street East of 6th Street - see attached. ((PUBLIC HEARING
( HELD 12/5/95 - CAN BE PASSED TODAY))
(
( Doc.#3290-ORDINANCE#33730 PASSED Carried 4-0-2 Pass Yeas: Koneck,
Takechi, Anzaldo, Terry Pass: Council, Christensen
( (a) Planning Board and Planning Department recommend approval of the
( vacation of Leavenworth Street east of 6th Street from the east line of Lot 2,
(
( Block 208, Original City extended, east to the west line of Sublot 6,
Government Lot 3 extended, a distance of 160± feet- see attached.
( # 3290 -From Chair on File
( 31. Ord. vacating the East 1/2 of the East/West alley between Jackson Street and Jones Street
from 13th Street West 132 feet in the City of Omaha and providing the effective date hereof-
see attached. ((PUBLIC HEARING HELD 12/5/95 - CAN BE PASSED TODAY))
Doc. # 3291 - ORDINANCE# 33731 PASSED Carried 7-0
(
(a) Planning Board and Planning Department recommend approval of the
vacation of the east half of the east/west alley between Jackson and Jones
( Streets from 13th Street west 132 feet- see attached.
(
( # 3291 - From Chair on File
ORDINANCES ON FINAL READING RE: RECODIFICATION
32. Ord. to amend Chapter 1, General Provisions, of the Omaha Municipal Code; to add
definitions and rules of construction for"Charter," "computation of time"and"R.R.S. 1943;"
to update the history note citations of the Omaha Municipal Code; and to provide the
effective date thereof - see attached. ((PUBLIC HEARING HELD 12/5/95 - CAN BE
PASSED TODAY))
Doc. # 3292 - Motion to lay over 4 wks. to 1/9/96 Carried 7-0
- 11 -
33. Ord. to amend Chapter 2, Administration, of the Omaha Municipal Code; to delete an
obsolete provision regarding municipal courtrooms; to delete obsolete and unnecessary
salary amounts; to degenderize the terms "policemen" and "chairman;" to make technical
changes concerning department titles; to add a fee for appeals to the administrative appeals
board;to delete the obsolete sections regarding the metropolitan youth advisory commission;
to delete references to the department of public safety; and to provide the effective date
thereof-see attached. ((PUBLIC HEARING HELD 12/5/95-CAN BE PASSED TODAY))
Doc. # 3293 - Motion to lay over 4 wks. to 1/9/96 Carried 7-0
34. Ord. to amend Chapter 3, Advertising, of the Omaha Municipal Code; to delete vague
language; to delete the obsolete and superseded provision regarding defective goods; to
change the person accepting billposter permit applications to the planning director; to delete
obsolete and unnecessary dates; and to provide the effective date thereof- see attached.
((PUBLIC HEARING HELD 12/5/95 - CAN BE PASSED TODAY))
Doc. # 3294 - Motion to lay over 4 wks. to 1/9/96 Carried 7-0
35. Ord.to amend Chapter 4,Airports and Aviation, of the Omaha Municipal Code; to change
the title of public safety director to chief of police; to clarify certain terms and definitions
relating to aeronautical matters;to recognize the existence of the several airports within the
jurisdiction of the city;to clarify the authority for the issuance of parking citations on airport
property; to delete or update references to defunct or renamed federal agencies; to increase
the maximum size of helicopters operated within the city to 5,000 pounds loaded gross
weight; to repeal sections 4-1, 4-4, 4-5, 4-6, 4-7, 4-22, 4-23, 4-35, 4-37, 4-40, and 4-41 as
heretofore existing; and to provide the effective date thereof - see attached. ((PUBLIC
HEARING HELD 12/5/95 - CAN BE PASSED TODAY))
Doc. # 3295 - Motion to lay over 4 wks. to 1/9/96 Carried 7-0
36. Ord. to amend Chapter 6,Animals and Fowl,of the Omaha Municipal Code;to conform the
cruelty to animals provision to state statute; to change references to the "public safety
director" to the "chief of police;" to increase the insurance required on dangerous dogs; to
repeal the obsolete provision regarding hog pens; to amend the sections on pet shops; and
to provide the effective date thereof- see attached. ((PUBLIC HEARING HELD 12/5/95 -
CAN BE PASSED TODAY))
Doc. # 3296 -Motion to lay over 4 wks. to 1/9/96 Carried 7-0
- 12 -
37. Ord. to amend Chapter 7,Cemeteries,of the Omaha Municipal Code;to repeal the provision
requiring a permit from the City Council to establish or extend a cemetery; and to provide
the effective date hereof- see attached. ((PUBLIC HEARING HELD 12/5/95 - CAN BE
PASSED TODAY))
Doc. # 3297 - Motion to lay over 4 wks. to 1/9/96 Carried 7-0
38. Ord. to amend Chapter 9, Elections, of the Omaha Municipal Code; to move the section on
dividing the city into wards to chapter 2;to repeal the obsolete legal descriptions; to replace
the descriptions by referencing the districts designated by the county election commissioner
pursuant to state law; and to provide the effective date thereof- see attached. ((PUBLIC
HEARING HELD 12/5/95 - CAN BE PASSED TODAY))
Doc. # 3298 - Motion to lay over 4 wks. to 1/9/96 Carried 7-0
39. Ord. to amend Chapter 10, Finance, of the Omaha Municipal Code; to make technical
corrections to the procedure concerning emergency expenditures;to genericize the language
concerning permits and inspections;to correct the fees imposed for using a publicly owned
ambulance or rescue vehicle; to correct the title of the fire department; and to provide the
effective date thereof - see attached. ((PUBLIC HEARING HELD 12/5/95 - CAN BE
PASSED TODAY))
Doc. # 3299 - Motion to lay over 4 wks. to 1/9/96 Carried 7-0
40. Ord. to amend Chapter 11, Food and Food Handlers, of the Omaha Municipal Code; to
repeal obsolete and superseded provisions regarding adulterated drinks and stale fruits and
vegetables; to make technical amendments to the food inspection provisions; to repeal the
obsolete and superseded provision on impure ice; to amend the definition of"caterer"; to
delete duplicative definitions;to delete the specific penalties in order to reference the general
penalty; and to provide the effective date thereof- see attached. ((PUBLIC HEARING
HELD 12/5/95 - CAN BE PASSED TODAY))
Doc. # 3300 - Motion to lay over 4 wks to 1/9/96 Carried 7-0
41. Ord. to amend Chapter 12, Health and Sanitation,of the Omaha Municipal Code; to correct
the definition of the county health department;to repeal obsolete sections concerning disease
control and radiation;to conform the provisions on water supply systems to state standards;
to delete unnecessary and duplicative language; and to provide the effective date thereof-
see attached. ((PUBLIC HEARING HELD 12/5/95 - CAN BE PASSED TODAY))
Doc. # 3301 - Motion to lay over 4 wks to 1/9/96 Carried 7-0
- 13 -
42. Ord. to amend Chapter 14, Library, of the Omaha Municipal Code; to repeal the section
concerning injury to library property as superseded by other provisions of the Omaha
Municipal Code;to repeal the obsolete section describing bonds for library board members;
to repeal the obsolete and unnecessary sections describing the library boards organizational
meeting;quorum,and rules and regulations;to amend the date when the annual report is due;
and to provide the effective date thereof-see attached. ((PUBLIC HEARING HELD 12/5/95
- CAN BE PASSED TODAY))
Doc. # 3302 - Motion to lay over 4 wks to 1/9/96 •Carried 7-0
43. Ord. to amend Chapter 15,Liquor, of the Omaha Municipal Code; to amend the section on
open containers on premises to conform to state statute;to repeal the definition of restaurant
as unnecessary and superseded by state statute; to repeal expired sections regarding the
maximum number of certain licenses; to repeal the section on licensing standards, and to
provide the effective date thereof- see attached. ((PUBLIC HEARING HELD 12/5/95 -
CAN BE PASSED TODAY))
Doc. # 3303 - Motion to lay over 4 wks to 1/9/96 Carried 7-0
( 44. Ord. to amend Chapter 19, Occupation Taxes, of the Omaha Municipal Code; to repeal
(( obsolete sections on bankrupt sales, business sales, itinerant wholesale produce dealers,
( intinerant produce peddlers,merchandise stands solicitations for merchandise not stated,and
( street displays; to increase certain fees; to repeal the peddlers section and create a new
( section on peddlers; to change references to "public safety director" to the appropriate
agency; to amend the tax on bingo to two percent to conform to state statute; to amend the
provision on liquor license duration by referencing the state statute; to amend the CATV
( franchise service area section by conforming the discrimination provision to include marital
( status, age and disability; and to provide the effective date thereof- see attached. ((PUBLIC
( HEARING HELD 12/5/95 - CAN BE PASSED TODAY))
(
(
( Doc. # 3304 -Motion to lay over 1 wk to 12/19/96 Carried 7-0
(
(
(
( (a) Amendment of the Whole requested by the Finance Department. ((SEE
( FOLDERS))
(
(
( # 3304 - Over to 12/19/95
- 14 -
45. Ord. to amend Chapter 20, Offenses,of the Omaha Municipal Code;to amend the failure to
appear provision; to repeal obsolete provisions on dry-cleaning establishments; to repeal
unenforceable sections on speech;to repeal the section on harassment as superseded by state
and federal law;to repeal the unconstitutional sections regarding loitering and prowling; to
repeal the obsolete sections on smoking in bed;to repeal the obsolete definition of firearms;
to amend the standards for issuance and rejection of a parade permit; and to provide the
effective date thereof - see attached. ((PUBLIC HEARING HELD 12/5/95 - CAN BE
PASSED TODAY))
Doc. # 3305 -Motion to lay over 1 wk. to 12/19/95 Carried 7-0
( 46. Ord. to amend Chapter 21, Parks and Recreation, of the Omaha Municipal Code; to repeal
the obsolete and redundant sections regarding vehicles and walking, sitting, etc.; to add
( language excepting peace officers and members of the armed forces acting in their official
( capacity from the firearms prohibition;to amend the penalty provision by deleting the limit
( of 90 days for community service;to correct the sections referring to "liquors" to "alcoholic
liquors"; and to provide the effective date thereof- see attached. ((PUBLIC HEARING
( HELD 12/5/95 - CAN BE PASSED TODAY))
Doc. # 3306 -Read
(
( (a) Amendment of the Whole requested by Councilmember Anzaldo. ((SEE
( FOLDERS))
(
( Doc. # 3307 - Read
( Doc. # 3308 - Motion to amend the effective date to 1/3/96
(
( Carried 7-0
Doc. # 3309 - ORDINANCE # 33732 PASSED AS AMENDED
Carried 7-0
47. Ord. to amend Chapter 24,Planning of the Omaha Municipal Code;to degenderize the term
"chairman"; and to provide the effective date thereof- see attached. ((PUBLIC HEARING
HELD 12/5/95 - CAN BE PASSED TODAY))
Doc. # 3310 - Read
Doc. # 3311 - Motion to amend the effective date to 1/3/96 Carried 7-0
Doc. # 3312 - ORDINANCE# 33733 PASSED AS AMENDED Carried 7-0
48. Ord. to amend Chapter 25, Police, of the Omaha Municipal Code; to change all references
to "policeman" to "police officer";to repeal the obsolete bond section;to delete the obsolete
subsections describing disposal and storage of vehicles;to amend the language regarding the
disposition of firearms; and to provide the effective date thereof- see attached. ((PUBLIC
HEARING HELD 12/5/95 - CAN BE PASSED TODAY))
Doc. # 3313 -Motion to lay over 1 wk. to 12/19/95 Carried 7-0
- 15 -
49. Ord.to amend Chapter 26,Public Improvements,of the Omaha Municipal Code; to change
51 percent to a majority of the abutting landowners required to protest against a proposed
improvement; to repeal obsolete provisions concerning railroad company property
maintenance as superseded by state statute and regulations; and to provide the effective date
thereof-see attached.((PUBLIC HEARING HELD 12/5/95 -CAN BE PASSED TODAY))
Doc. # 3314 -Read
Doc. # 3315 - Motion to amend the effective date to 1/3/96 Carried 6-0-1 Pass
Yeas: Koneck, Lo, Takechi, Anzaldo, Christensen, Terry Pass: Council
Doc.#3316-ORDINANCE#33734 PASSED AS AMENDED Carried 6-0-1 Pass
Yeas: Koneck, Lo, Takechi, Anzaldo, Christensen, Terry Pass: Council
50. Ord. to amend Chapter 29, Railroads, of the Omaha Municipal Code;to repeal the section
on explosives as superseded by state statute; to add language requiring that overhead street
crossing permits be granted only in conformity with state statute; to delete obsolete and
unnecessary provisions regarding overhead railroad crossings; to repeal the provision
prohibiting discrimination as superseded by state and federal law; and to provide the
effective date thereof - see attached. ((PUBLIC HEARING HELD 12/5/95 - CAN BE
PASSED TODAY))
Doc. # 3317 - Read
Doc. # 3318 - Motion to amend the effective date to 1/3/96 Carried 6-0-1 Pass
Yeas: Koneck, Lo, Takechi,Anzaldo, Christensen, Terry Pass: Council
Doc.#3319-ORDINANCE#33735 PASSED AS AMENDED Carried 6-0-1 Pass
Yeas: Koneck, Lo, Takechi, Anzaldo, Christensen, Terry Pass: Council
51. Ord. to amend Chapter 31, Sewers,of the Omaha Municipal Code;to amend the limitations
on wastewater discharges by deleting borate (boron); to amend the section concerning
discharge reports; to repeal the obsolete sections on packinghouse waste disposal and
collector systems; to repeal the obsolete provisions regarding private sewage disposal
systems; and to provide the effective date thereof- see attached. ((PUBLIC HEARING
HELD 12/5/95 - CAN BE PASSED TODAY))
Doc. # 3320 - Read
Doc. # 3321 -Motion to amend the effective date to 1/3/96 Carried 7-0
Doc. # 3322 - ORDINANCE# 33736 PASSED AS AMENDED Carried 7-0
- 16 -
52. Ord.to amend Chapter 32, Social Service Facilities,of the Omaha Municipal Code;to repeal
the section describing the comprehensive affordable housing strategy as unnecessary; and
to provide the effective date thereof- see attached. ((PUBLIC HEARING HELD 12/5/95 -
CAN BE PASSED TODAY))
Doc. # 3323 - Read
Doc. # 3324 - Motion to amend the effective date to 1/3/96 Carried 7-0
Doc. # 3325 - ORDINANCE# 33737 PASSED AS AMENDED Carried 7-0
( 53. Ord. to amend Chapter 33, Solid Waste, of the Omaha Municipal Code; to amend the
( definition of"health director or officer" to reflect the actual title; to substitute the definition
of "solid waste" for "refuse"; to amend the collection provisions to conform to the new
( contract; to amend the section regarding collection of newsprint to include all recyclables;
( to make typographical corrections;to amend the fee for vehicle permits to reflect the current
amount; to delete the specific penalty in order to reference the general penalty; and to
provide the effective date thereof- see attached. ((PUBLIC HEARING HELD 12/5/95 -
CAN BE PASSED TODAY))
Doc. # 3326 -Read
(
( (a) Amendment requested by Councilmember Koneck. ((SEE FOLDERS))
( # 3326 -Read
( # 3329 - From Chair on File
(
(
( (b) Amendment requested by Councilmember Takechi. ((SEE FOLDERS))
(
( # 3326 -Read
# 3329 -From Chair on File
( (c) Amendment requested by Councilmember Christensen. ((SEE FOLDERS))
(
( # 3326 - Read
( # 3329 - From Chair on File
(
(
( (d) Amendment of the Whole requested by the Public Works Department.
Doc. # 3327 - Read
Doc. #3328 -Motion to amend the effective date to 1/2/96 Carried 7-0
( Doc.#3329-ORDINANCE#33738 PASSED AS AMENDED Carried 7-0
( Doc. # 3330 - Suspend City Council Rules of Order Carried 7-0
(
( CONTINUED TO NEXT PAGE
- 17 -
( 53-1 Res. that the City Council of the City of Omaha does hereby support and recommend that
the requirement of the Omaha Municipal Code that group dwelling units must apply for and
( receive a special permit before such properties receive solid waste collection service from
( the City Contractor be suspended(that a grace period for enforcement be granted)until May
1, 1996.
(
Doc. # 3331 - Motion by Anzaldo to Adopt 2nd by Christensen
( Res. # 3333 -Adopt as Amended Carried 7-0
(
(
( (a) Amendment requested by Councilmember Takechi.
(
(
(
(
( Doc. # 3332 -Approve Carried 7-0
(
t ,
( Doc. # 3334 - Reinstate City Council Rules of Order Carried 7-0
54. Ord. to amend Chapter 35,Taxation, of the Omaha Municipal Code;to amend the sales and
use tax provision by deleting obsolete language; and to provide the effective date thereof-
see attached. ((PUBLIC HEARING HELD 12/5/95 - CAN BE PASSED TODAY))
Doc. # 3335 - Read
Doc. #3336 -Motion to amend the effective date to 1/3/96 Carried 7-0
Doc. # 3337 - ORDINANCE# 33739 PASSED AS AMENDED Carried 7-0
55. Ord. to amend Chapter 36, Traffic, of the Omaha Municipal Code; to make a technical
change to the definition of"congested traffic district"; to delete the obsolete definition of
"public safety director";to change"police division"to "police department" to reflect the new
title; to repeal obsolete sections regarding playing sports on highways and use of vehicle
horns; to repeal section 36-147 regarding reporting accidents; and to provide the effective
date thereof - see attached. ((PUBLIC HEARING HELD 12/5/95 - CAN BE PASSED
TODAY))
Doc. # 3338 - Motion to lay over 1 wk. to 12/19/95 Carried 7-0
- 18 -
( 56. Ord. to amend Chapter 37 of the Omaha Municipal Code entitled "Trees and Vegetation";
( to amend Section 19-53 of the Omaha Municipal Code entitled "Forester's Certificate"; to
( revise various provisions;to add a fee;to repeal Chapter 37 and Section 19-53 as heretofore
existing; and to provide for the effective date hereof- see attached. ((PUBLIC HEARING
( HELD 12/5/95 - CAN BE PASSED TODAY))
Doc. # 3339 - Motion to lay over 1 wk. to 12/19/95 Carried 7-0
( (a) Amendment requested by Councilmember Council. ((SEE FOLDERS))
(
( # 3339 - Over to 12/19/95
(
(
( (b) Amendment requested by Councilmembers Koneck and Christensen. ((SEE
FOLDERS))
( # 3339 - Over to 12/19/95
57. Ord. to amend Chapter 38, Vehicles for Hire, of the Omaha Municipal Code;to amend the
references to "public safety director"to "chief of police"; to delete the residory requirement
for taxicab drivers; to delete reference to marital status regarding an application for a taxicab
driver's permit; to amend the provision describing grounds for revocation of a permit; to
repeal sections 38-22, 38-24,38-42, 38-43,38-45, 38-46, 38-50, 38-51, 38-63, 38-65, 38-66,
38-67, 38-69, 38-71, 38-72, and 38-73 as heretofore existing; and to provide the effective
date thereof - see attached. ((PUBLIC HEARING HELD 12/5/95 - CAN BE PASSED
TODAY))
Doc. # 3340 - Motion to lay over 1 wk. to 12/19/95 Carried 7-0
58. Ord.to amend Chapter 40, "Mechanical Code", of the Omaha Municipal Code; to increase
permit and other fees as listed in Sections 40-109,40-219,40-227, 40-247, 40-249, 40-323,
40-444, 40-557, and 40-584; to repeal Sections 40-109, 40-219, 40-227, 40-247, 40-249,
40-323,40-444,40-557,and 40-584 as heretofore existing; and to provide the effective date
thereof-see attached. ((PUBLIC HEARING HELD 12/5/95 -CAN BE PASSED TODAY))
Doc. # 3341 - Read
Doc. # 3342 - Motion to amend the effective date to 1/3/96 Carried 7-0
Doc. # 3343 - Motion to pass as amended Carried 7-0
At the request of the City Clerk,the City Attorney ruled that we can disregard, if it's
agreeable with all the Council,the prior votes on item no. 58. All Councilmembers
agreed.
Doc. # 3360 - Read
Doc. # 3361 - Motion to amend the effective date to 1/3/96 Carried 7-0
Doc. # 3362 - Motion to amend page 2, line 34 from $25 to $16.50 Carried 7-0
Doc. # 3363 - ORDINANCE#33744 PASSED AS AMENDED Carried 7-0
- 19 -
( 59. Ord. to amend Chapter 43, "Building", of the Omaha Municipal Code; to increase fees for
building permits,certificates of occupancy,inspections and other items under Section 43-91;
( to repeal Section 43-91 as heretofore existing;and to provide the effective date thereof- see
attached. ((PUBLIC HEARING HELD 12/5/95 - CAN BE PASSED TODAY))
( Doc. # 3344 - Motion to lay over 1 wk. to 12/19/95 Carried 7-0
(a) Communication from Alan M. Thelen, Assistant City Attorney,
( recommending that the proposed ordinance to amend Chapter 43 be laid over
one week to December 19, 1995 to avoid a one week lapse of the City's
( regulation of awnings - see attached.
( # 3344 - From Chair on File
60. Ord. to amend Chapter 44 of the Omaha Municipal Code to increase fees for certain
electrical work permits as listed in Section 44-130; to repeal Section 44-130 as heretofore
existing; and to provide an effective date - see attached. ((PUBLIC HEARING HELD
12/5/95 - CAN BE PASSED TODAY))
Doc. # 3345 - Read
Doc. # 3346 -Motion to amend the effective date to 1/3/96 Carried 7-0
Doc. # 3347 -Motion to amend page 4, line 33 from $25 to $16.50 Carried 7-0
Doc. # 3348 - ORDINANCE# 33740 PASSED AS AMENDED Carried 7-0
61. Ord. to amend Chapter 46, Fire Code, of the Omaha Municipal Code;to correct the title of
the fire department;to adopt a later edition of a certain pamphlet regulating combustible and
flammable liquids; and to provide the effective date thereof - see attached. ((PUBLIC
HEARING HELD 12/5/95 - CAN BE PASSED TODAY))
Doc. # 3349 - Read
Doc. # 3350 -Motion to amend the effective date to 1/3/96 Carried 7-0
Doc. # 3351 - ORDINANCE# 33741 PASSED AS AMENDED Carried 7-0
62. Ord. to amend Chapter 49, Plumbing, of the Omaha Municipal Code; to add the term
"swimming pool" to the list of construction activities regulated by the plumbing board; to
add the phrase "at reasonable times" to the section on right of entry;to repeal the duplicative
severability provision; to increase fees for plumbing permits and other items as listed in
section 49-135, 49-172, 49-693, and 49-888; to repeal sections 49-34, 49-135, 49-167,
49-172,49-693,49-851, and 49-888 as heretofore existing; and to provide the effective date
thereof-see attached. ((PUBLIC HEARING HELD 12/5/95 -CAN BE PASSED TODAY))
Doc. # 3352 - Read
Doc. # 3353 - Motion to amend the effective date to 1/3/96 Carried 7-0
Doc. # 3354 - Motion to amend page 3, line 19 from $25 to $16.50 Carried 7-0
Doc. # 3355 - ORDINANCE# 33742 PASSED AS AMENDED Carried 7-0
- 20 -
63. Ord.to amend Chapter 53,Subdivisions,of the Omaha Municipal Code;to delete duplicative
definitions;to amend the definition of"master plan" to conform to section 7.04 of the Home
Rule Charter;to make a procedural amendment to the provision regarding the final plat; to
delete reference to Northwestern Bell Telephone Company and replace with generic
language which references "any communication entity"; to delete the specific penalty in
order to reference the general penalty;and to provide the effective date thereof-see attached.
((PUBLIC HEARING HELD 12/5/95 - CAN BE PASSED TODAY))
Doc. # 3356 - Motion to lay over 1 wk. to 12/19/95 Carried 7-0
64. Ord. to amend Chapter 55, Zoning, of the Omaha Municipal Code; to delete duplicative
definitions;to delete the severability provision as unnecessary; and to provide the effective
date thereof- see attached. ((PUBLIC HEARING HELD 12/5/95 - CAN BE PASSED
TODAY))
Doc. # 3357 - Read
Doc. # 3358 - Motion to amend the effective date to 1/3/96 Carried 7-0
Doc. # 3359 - ORDINANCE# 33743 PASSED AS AMENDED Carried 7-0
ORDINANCES ON FINAL READING
65. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain
hereinafter described vacant and improved properties located in the East Omaha
Redevelopment Plan,Amendment Two Area,an area generally defined by Locust Street on
the north, 21st Street East on the east, Avenue "G" on the south and Abbott Drive on the
west,for acquisition,relocation as appropriate,and subsequent use as a site for implementing
the East Omaha Redevelopment Plan,Amendment Two; provided that as to each specified
parcel which cannot be obtained by negotiation, proceedings in eminent domain be
undertaken and completed; and, providing for the effective date hereof - see attached.
((PUBLIC HEARING HELD 12/5/95 - CAN BE PASSED TODAY))
Doc. # 3364 - ORDINANCE# 33745 PASSED Carried 7-0
66. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain
hereinafter described vacant and improved properties located in an area generally defined as
a trail corridor generally lying north of Pacific Street along either side of the West Branch
of the Papillion Creek South to Woodhaven Subdivision, for acquisition, relocation as
appropriate and subsequent use as a site for implementing the Park and Recreation Plan;
provided that as to each specified parcel which cannot be obtained by negotiation,
proceedings in eminent domain be undertaken and completed and providing for the effective
date hereof - see attached. ((PUBLIC HEARING HELD 12/5/95 - CAN BE PASSED
TODAY))
Doc. # 3365 - ORDINANCE# 33746 PASSED Carried 7-0
- 21 -
•
67. Ord. to amend Chapter 14 of the Omaha Municipal Code to provide for at large election of
library board members at municipal elections beginning in April 1997; to specify terms;to
change the manner in which vacancies are filled; to repeal sections 14-23, 14-25 and 14-26
as heretofore existing;and,to provide an effective date-see attached. ((PUBLIC HEARING
HELD 12/5/95 - CAN BE PASSED TODAY))
Doc. # 3366 - Motion to place on file Carried 7-0
68. Ord. to amend Chapter 19, Article XII, of the Omaha Municipal Code, pertaining to cable
television systems; to add a new Section 19-425; to account for access payments made by
certain cable television operators offering programming received via an interconnection with
another cable system; to provide a process for appropriating such revenues; and to provide
an effective date hereof- see attached. ((PUBLIC HEARING HELD 12/5/95 - CAN BE
PASSED TODAY))
Doc. # 3367 - ORDINANCE# 33747 PASSED Carried 7-0
( 69. Ord.to approve a contract between the City of Omaha, a municipal corporation in Douglas
( County,Nebraska,and The Warner Group, a California Corporation with its principal place
( of business at 5950 Canoga Avenue, Woodland Hills, California 91367, involving the
Spayment 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 billed
( payments from December, 1995 through May, 1997, for consulting and technical services
( to the City of Omaha for an evaluation of the Omaha Police Department Information
Services Bureau records management system, and to provide the effective date hereof- see
attached. ((PUBLIC HEARING HELD 12/5/95 - CAN BE PASSED TODAY))
( Doc. # 3368 - ORDINANCE# 33748 PASSED Carried 7-0
(
(
(
( (a) Communication from Joe Mangiamelli, ASD Director, re: Warner Group
contract, etc.
(
( # 3368 - From Chair on File
70. Ord.to amend Ordinance No. 14303, Section 40-252 of the Omaha Municipal Code, by an
addition thereto of a new Class "B" Oil District, to be known as District No. B-90; and to
provide the effective date hereof(Fehrs Nebraska Tractor& Equipment-4115 South 90th
Street)-see attached. ((PUBLIC HEARING HELD 12/5/95 -CAN BE PASSED TODAY))
Doc. # 3369 - ORDINANCE# 33749 PASSED Carried 7-0
-22 -
71. Ord. to amend Section 1 of Special Ordinance No. 9883, passed on September 19, 1995
regarding Roadway Maintenance District No. 745-3 as heretofore existing; and to provide
the effective date hereof- see attached. ((PUBLIC HEARING HELD 12/5/95 - CAN BE
PASSED TODAY))
Doc. # 3370 - ORDINANCE# 33750 PASSED Carried 7-0
72. Ord.to approve an agreement with Nebraska Methodist Health System,Inc.,d/b/a Methodist
Work Comp Partners, for the purpose of providing a managed care plan for work related
injuries and illnesses; and to provide an effective date hereof- see attached. ((PUBLIC
HEARING HELD 12/5/95 - CAN BE PASSED TODAY))
Doc. # 3371 - ORDINANCE # 33751 PASSED Carried 6-1 Yeas: Council,
Koneck, Lo, Takechi, Anzaldo, Christensen Nays: Terry
( 73. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain
( hereinafter described improved property located in the 30th and Taylor Redevelopment Plan
Area, an area generally defined by Taylor Street on the north, 30th Street on the east, the
vacated Boyd Street right-of-way on the south and 31 st Avenue on the west, for acquisition,
relocation as appropriate,and subsequent use as a site for implementing the 30th and Taylor
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 - CAN BE
PASSED TODAY))
(
( Doc. # 3372 - ORDINANCE# 33752 PASSED Carried 7-0
(
(
(
( 74. Res. that the attached 30th and Taylor Redevelopment Plan, prepared by the Omaha City
( Planning Department, be and hereby is approved as the Redevelopment Plan for the
( redevelopment area bounded by Taylor Street on the north, 30th Street on the east, the
vacated Boyd Street right-of-way on the south and 31 st Avenue on the west - over from
( 11/21/95 for publication and Public Hearing - had publication - see attached. ((PUBLIC
( HEARING TODAY- CAN BE ADOPTED TODAY))
(
(
( Res. # 3373 - Adopt Carried 7-0
-23 -
"PURSUANT TO CITY COUNCIL RULE VII D,
THE PUBLIC HEARING ON AGENDA ITEM NO. 75
SHALL BE HELD ON THE THIRD READING"
ZONING ORDINANCE ON SECOND READING
75. Ord. to rezone from CC-Community Commercial District to GC-General Commercial
District(portions of which property lie within the floodplain); 3304 North 120th Street.
Doc. # 3374 - Over to 12/19/95
* * * * * * * * * * * * * * *
ORDINANCES ON SECOND READING RE: RECODIFICATION
76. Ord. to amend Chapter 5, Amusements, of the Omaha Municipal Code; to make technical
corrections;to delete vague and unenforceable words;to increase the required insurance for
street shows and festivals;to change the title "public safety director" to "chief of police"; to
add language specifying violations of certain chapters of the Omaha Municipal Code are
grounds for revocation or suspension;and to provide the effective date thereof-see attached.
((PUBLIC HEARING TODAY))
Doc. # 3375 - Over to 12/19/95
77. Ord. to amend Chapter 17, Noise Control, of the Omaha Municipal Code; to repeal the
obsolete section which prohibits transportation of iron and steel; to repeal the obsolete
sections regulating sound trucks; and to provide the effective date thereof- see attached.
((PUBLIC HEARING TODAY))
Doc. # 3376 - Over to 12/19/95
•
78. Ord. to amend Chapter 18,Nuisances, of the Omaha Municipal Code; to amend provisions
by changing the obsolete term "public safety director" to "chief of police"; to delete the
specific penalties in order to reference the general penalty; to change "police division" to
"police department"; and to provide the effective date thereof- see attached. ((PUBLIC
HEARING TODAY))
Doc. # 3377 - Over to 12/19/95
- 24 -
79. Ord. to amend Chapter 27, Public Property, of the Omaha Municipal Code; to delete the
article on lease of public property for personal use; to delete the unnecessary language
concerning the terms of the original members of the public art commission; to delete a
duplicative severability clause; and to provide the effective date thereof - see attached.
((PUBLIC HEARING TODAY))
Doc. # 3378 - Over to 12/19/95
80. Ord. to amend Chapter 34, Street and Other Public Ways, of the Omaha Municipal Code; to
repeal sections requiring posting and damaging house numbers as covered by the Uniform
Building Code and other sections of the Omaha Municipal Code;to repeal divisions 1, 2 and
3 of article V; to add new divisions 1, Generally, and 2, "Lease Procedures" to said article
V; to add an exception for the earth-hauling permit requirement for city employees and
contractors; to amend all references to Northwestern Bell Telephone by making generic
references;to amend the section on removal of phone booths by referencing the correct city
agencies; and to provide the effective date thereof- see attached. ((PUBLIC HEARING
TODAY))
Doc. # 3379 - Over to 12/19/95
81. Ord. to amend Chapter 48, Minimum Dwelling Standards, of the Omaha Municipal Code;
to amend the appeals procedure by deleting reference to the public safety director; and to
provide the effective date thereof- see attached. ((PUBLIC HEARING TODAY))
Doc. # 3380 - Over to 12/19/95
82. Ord. to amend Chapter 51 of the Omaha Municipal Code, entitled "Signs, Canopies and
Clocks";to regulate the location,quality of materials,construction,illumination, installation
and maintenance of all signs, awnings and their supporting structures; to provide for the
licensing of sign erectors; to provide for administrative procedures for such regulation and
licensing;to repeal Chapter 51 of the Omaha Municipal Code as heretofore existing; and to
provide the effective date hereof- see attached. ((PUBLIC HEARING TODAY))
Doc. # 3381 - Over to 12/19/95
83. Ord.to amend Chapter 54, Swimming Pools, of the Omaha Municipal Code,to conform the
definition of"swimming pool" to the state definition; to repeal unenforceable provisions
concerning the noise and signs;to make technical changes regarding the construction of pool
fences or walls; to conform pool safety standards and lifeguard requirements to the state
standards; to change the inspection provisions to provide that the Douglas County Health
Department will be responsible for certain approvals; and to provide the effective date
thereof- see attached. ((PUBLIC HEARING TODAY))
Doc. # 3382 - Over to 12/19/95
- 25 -
ORDINANCES ON SECOND READING
84. Ord. authorizing and directing an issue of General Obligation Refunding Bonds of the City
of Omaha, Nebraska in the aggregate principal amount of not to exceed Fifteen Million
Dollars ($15,000,000) to be termed for identification purposes "General Obligation
Refunding Bonds, Series of 1995"; prescribing the form of said bonds; authorizing the sale
of said bonds by negotiation; designating for defeasance certain general obligation
indebtedness of the City of Omaha, Nebraska; directing the Finance Department to give
notice of such defeasance;directing the preparation of a transcript of proceedings authorizing
the issuance, sale and delivery of said bonds; directing that said bonds shall initially be
issued and registered in book-entry form; appointing a paying agent, registrar and escrow
agent;providing for continuing disclosure; and providing for the effective date thereof- see
attached. ((PUBLIC HEARING TODAY))
Doc. # 3383 - Over to 12/19/95
85. Ord. to renew the cable television franchise for the City of Omaha held by United Cable
Television of Sarpy County,Inc.; to provide that such franchise shall be renewed for fifteen
(15) additional years ending September 3, 2010; to provide terms for renewal of such
franchise; to authorize the Mayor and the City Clerk to execute and attest the Amendment
to the Franchise Agreement; and to provide the effective date hereof - see attached.
((PUBLIC HEARING TODAY))
•
Doc. # 3384 - Over to 12/19/95
86. Ord.to approve compromise of all claims against the City of Omaha in Becerra,et al v. City
of Omaha, pending before the United States District Court for the District of Nebraska; to
approve payment to the plaintiffs in designated amounts; to establish the terms of such
payment; to authorize execution of documents to complete such compromise; and to
establish an effective date hereof immediately upon passage - see attached. ((PUBLIC
HEARING TODAY))
Doc. # 3385 - Over to 12/19/95
- 26 -
87. Ord. repealing Ordinance Number 33636, passed September 12, 1995, which awarded the
Contract for Machine Street Sweeping 1996 through 1999 to Munford Enterprises,declaring
Munford Enterprises in default on securing the necessary acceptable performance bond and
awarding such contract to B.&W. Company, the next lowest bidder on said contract; to
provide payments involving appropriations of more than one year in accord with the
provisions of Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for
payments from a specific account; and to provide the effective date hereof- see attached.
((PUBLIC HEARING TODAY))
Doc. # 3386 - Over to 12/19/95
(a) Copy of a communication from Schwarze Industries to Munford
Construction, submitted by Archie Godfrey, representing Munford
Enterprises, re: the Machine Street Sweeping Contract for the City of
Omaha, etc.
# 3386 - Over to 12/19/95
88. Special Ord. levying a special tax and assessment on all lots and pieces of real estate within
Roadway Improvement District 745-4 in the City of Omaha,to cover the cost of constructing
roadway improvements on Meredith Avenue from Military Avenue to 78th Avenue - see
attached. ((PUBLIC HEARING TODAY))
Doc. # 3387 - Over to 12/19/95
"PURSUANT TO CITY COUNCIL RULE VII H,
DUE TO NO MEETINGS BEING HELD
DECEMBER 26, 1995 AND JANUARY 2, 1996 ,
AGENDA ITEMS NO. 89 THROUGH 91 SHALL BE LAID OVER FOUR WEEKS
TO JANUARY 9, 1996 FOR PUBLICATION AND PUBLIC HEARING"
SPECIAL USE PERMIT
89. Res. that the Special Use Permit application for permission to allow a Broadcast Tower in
a DR-Development Reserve District with a waiver of Section 55-783(d) of the Zoning
Ordinance regarding the height restriction to allow the tower to be 75 feet in height, located
at 11607 Holmes Circle, Omaha, Nebraska, is hereby approved and the Permits and
Inspection Division is directed to issue the necessary permit therefor,provided the conditions
set out in Exhibit "A" of the above referenced application,conditions set out in Exhibit "B",
and all applicable local or state statutes, ordinances or regulations are complied with. That
the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets
( each of,the criteria set forth in Section 55-885 of the Omaha Municipal Code- see attached.
( Doc. # 3388 -Over 4 wks. to 1/9/96 for publication and Public Hearing pursuant to
( City Council Rule VII H
CONTINUED TO NEXT PAGE
-27 -
( (a) Planning Board and Planning Department recommend approval of a Special
( Use Permit to allow a Broadcast Tower in a DR District with a waiver of the
height restriction; 11607 Holmes Circle - see attached.
•
( # 3388 - Over to 1/9/96
SPECIAL USE PERMIT-LARGE PROJECT
( 90. Res. that the application for a major amendment to a Large Project Special Use Permit
located at 3103 "L" Street, Omaha, Nebraska, is hereby approved, and the Permits and
( Inspection Division is directed to issue the necessary permit therefor,provided the conditions
( set out in Exhibit "A" of the above referenced application, and all applicable local or state
statutes, ordinances or regulations are complied with. That the proposed Special Use Permit
has been reviewed and evaluated pursuant to, and meets each of,the criteria set forth in
( Section 55-885 of the Omaha Municipal Code - see attached.
(
( Doc. # 3389 - Over to 1/9/96
(
(
( (a) Planning Board and Planning Department recommend approval of a Major
Amendment to a Large Project Special Use Permit; 3103 "L" Street - see
( attached.
( # 3389 - Over to 1/9/96
( 91. Res. that the application for a major amendment to a Large Project Special Use Permit,
( located Northeast of 132nd Street and West Maple 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 amendment 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. # 3390 - Over to 1/9/96
(
( (a) Planning Board and Planning Department recommend approval of a Major
( Amendment to a Large Project Special Use Permit; Northwest of 132nd
( Street and West Maple Road- see attached.
(
( # 3390 - Over to 1/9/96
* * * * * * * * * * * * * * *
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RESOLUTIONS
(( MOTIONS ON RESOLUTIONS UNLESS OTHERWISE SPECIFIED SHOULD BE TO
(ADOPT) OR(NOT ADOPT)))
( 92. Res. that the attached 325 South 16th Street Redevelopment Plan, prepared by the Omaha
( City Planning Department,be and hereby is approved as the Redevelopment Plan for the 325
South 16th Street Redevelopment Area described as the South 88 feet of Lot 5 and the South
88 feet of the West one-half of Lot 6, Block 139, Original City of Omaha, as surveyed and
( lithographed in Douglas County,Nebraska-over from 11/21/95 for publication and public
( hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 3391 - Motion by Anzaldo to Adopt 2nd by Lo
( Sub-motion by Takechi to lay over 1 wk. to 12/19/95 2nd by Christensen
( Sub-motion LOST 3-4 Yeas: Lo, Takechi, Christensen Nays: Council, Koneck,
Anzaldo, Terry
( Original Motion to Adopt Carried 6-0-1 Pass Yeas: Council, Koneck, Lo,
( Anzaldo, Christensen, Terry Pass: Takechi
(
( (a) Communication from JoAnn Schmidman, Artistic Director of the Omaha
Magic Theatre,re: 325 South 16th Street Redevelopment Plan, etc.
( # 3391 - From Chair on File
(
( 93. Res. that the attached Memorandum of Agreement with accompanying Stakeholders' Tool
( Kit with Benchmarks and Timelines, as recommended by the Mayor, between the City of
( Omaha, U.S. Department of Housing and Urban Development and the State of Nebraska, is
( hereby approved - over from 12/5/95 - see attached. ((PUBLIC HEARING HELD 12/5/95
( - CAN BE ADOPTED TODAY))
(
( Doc. # 3392 - Read
Res. # 3394 -Adopt as Amended Carried 7-0
( (a) Amendment requested by Councilmember Koneck.
(
(
( Doc.#3393 -Motion to approve Carried 6-1 Yeas: Council,Koneck,
( Takechi, Anzaldo, Christensen, Terry Nays: Lo
- 29 -
94. Res. that the Preliminary Official Statement pertaining to the issuance and sale of the Bonds
in Exhibit A attached hereto and by this reference made a part hereof as fully as if set forth
herein is hereby approved in substantially the form attached hereto, the Acting Finance
Director of the City of Omaha is hereby authorized to deem final the Preliminary Official
Statement as of its date,within the meaning of Rule 15c2-12 under the Securities Exchange
Act of 1934, as amended(except for certain omissions permitted by said Rule 5c2-12), and
the Acting Finance Director of the City of Omaha is hereby authorized to deliver the
aforesaid Preliminary Official Statement on behalf of the City of Omaha,and the distribution
of the Preliminary Official Statement by the prospective underwriters of the Bonds is hereby
approved. ((SEE FOLDERS))
Res. # 3395 - Adopt Carried 7-0
95. Res.that the attached Agreement,as recommended by the Mayor,to place the City's lien into
a second position,to change the project completion date to May 31, 1996, and to allow the
City to disburse the remaining balance of funds in the amount of$271,669,authorized by the
Agreement approved September 20, 1994, by Resolution 2721, to New Community
Development Corporation, a Non-profit Corporation, 6655 Sorensen Parkway, Omaha,
Nebraska 68152, for the rehabilitation of their investor property located at 2902 North 24th
Street into eleven one-bedroom units and the subsequent rental of each unit to low-income
households, is hereby approved. These previously approved funds in the amount of
$204,169 shall be paid from the 1994 HOME Program, Fund No. 186, Agency No. 200,
HOME Rental Rehabilitation Program, Organization 5011 and $67,500 from Keno/Lottery
Funds No. 120, Agency No. 110, Organization No. 1106 - see attached.
Res. # 3396 -Adopt Carried 7-0
96. Res.that the appointment of Casey Joe Hoffman as a member of the Board of Examiners for
Hoisting and Portable Engineers,to serve a term commencing on the day of confirmation by
the City Council and expiring two years thereafter, is hereby confirmed - see attached.
Res. # 3397 -Adopt Carried 7-0
97. Res. that the nomination and appointment by Councilmember Paul Koneck of Theresa F.
Gauff as an at large member of the Civil Rights Hearing Board to serve a term commencing
upon confirmation by the City Council and expiring three years later, be and hereby is
confirmed and approved- see attached.
Res. # 3398 -Adopt Carried 7-0
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•
"PURSUANT TO CITY COUNCIL RULE VII H,
DUE TO NO MEETINGS BEING HELD
DECEMBER 26, 1995 AND JANUARY 2, 1996,
THE THIRD READING AND PUBLIC HEARINGS
ON AGENDA ITEMS NO. 98 THROUGH 101
SHALL BE HELD ON JANUARY 9, 1996"
ZONING ORDINANCES ON FIRST READING and Planning Board Attachments
( 98. Ord.to adopt a PK Parking Overlay District,to approve the Parking Plan, and to provide for
( an effective date; 1426 South 16th Street- see attached.
(
(
( Doc. # 3399 - Hearing 1/9/96
(
(
(
(a) Planning Board and Planning Department recommend approval of a PK
( Overlay District; 1426 South 16th Street- see attached.
(
(
( # 3399 - Over to 1/9/96
( 99. Ord. to rezone from GO-General Office District to CC-Community Commercial District;
7805 West Center Road.
(
( Doc. # 3400 - Hearing 1/9/96
(
(
( (a) Planning Board and Planning Department recommend approval of a request
( to rezone from GO to CC; 7805 West Center Road- see attached.
(
(
(
( # 3400 - Over to 1/9/96
- 31 -
•
ORDINANCES ON FIRST READING
100. Ord. amending Ordinance No. 32380, passed May 21, 1991, creating Street Improvement
District No. 6830, in the City of Omaha, for the purpose of improving 102nd Street from
Woodridge Lane to Rockbrook Road and Rockbrook Road from 101 st Avenue to 102nd
Street by grading, curbing and paving,to shorten the District to the following: Rockbrook
Road from the intersection of 101st Avenue and 99th Avenue,northwest to a local high spot
on Rockbrook Road, approximately between Lot 1 and Lot 2, Block 8 in the Rockbrook
Subdivision; fixing and defining the boundaries of said District; authorizing acquisition of
the necessary right-of-way; directing the Purchasing Agent to advertise for bids and
proposals for the grading and for bids on Portland Cement Concrete base and asphaltic
concrete with a flexible base paving; providing for the determination and assessment of
damages, if any, occasioned by reason of change of grade; and providing the effective date
hereof- see attached.
Doc. # 3401 - Hearing 1/9/96
101. Ord. creating Street Improvement District No. 6856, in the City of Omaha, for the purpose
of improving 76th Drive which will run from the intersection'of 76th and Dodge Streets to
72nd Street approximately 450 feet north of the centerline of the Little Papillion Creek, by
grading, curbing and paving; installing storm sewers; fixing and defining the boundaries of
said District; authorizing acquisition of the necessary rights-of-way or easements needed for
the construction of the paving and any storm sewer improvements; directing the Purchasing
Agent to advertise for bids and proposals for the grading and for bids on Portland Cement
Concrete paving; providing for the determination and assessment of damages, if any,
occasioned by reason of change of grade; and providing the effective date hereof - see
attached.
Doc. # 3402 -Hearing 1/9/96
'* * * * * * * * * * * * * * *
- 32 -
.
"PURSUANT TO CITY COUNCIL RULE VII C,
THE PUBLIC HEARING ON AGENDA ITEMS NO. 102 THROUGH 105
SHALL BE HELD ON THE SECOND READING."
ORDINANCE ON FIRST READING and Planning Board Attachment
( 102. Ord. vacating "S" Street from 27th Street to 28th Street in the City of Omaha and providing
( the effective date hereof- see attached.
(
( Doc. # 3403 -Hearing 12/19/95
(
(
(
(a) Planning Board and Planning Department recommend approval of the
( vacation of"S" Street from 27th to 28th Streets - Inside City - see attached.
( # 3403 - Over to 12/19/95
(
(
ORDINANCES ON FIRST READING
103. Ord. to provide for requiring procedures for the auditing and reporting of all the cost of the
performance of the yard waste processing task by the City; and to provide for its effective
date. ((SEE FOLDERS))
Doc. # 3404 - Hearing 12/19/95
104. Ord. in accordance with section 5.10 of the Home Rule Charter of the City of Omaha, 1956,
as amended, to transfer unencumbered appropriation balances in the General Fund
Contingency Reserve Account in the 1996 Budget of the City of Omaha;to transfer revenues
from the General Fund to the Library Fees and Fines Fund; and to fix the effective date
hereof to be immediately upon passage in accordance with Home Rule Charter Section 2.12.
((SEE FOLDERS))
Doc. # 3405 - Hearing 12/19/95
- 33 -
105. Ord. in accordance with Section 5.10 of the Home Rule Charter of the City of Omaha, 1956,
as amended, to transfer unencumbered appropriation balances in the General Fund Public
Library Account in the 1996 Budget of the City of Omaha; to transfer revenues from the
General Fund to the Library Fees and Fines Fund; to provide an appropriation to the Public
Library in the amount of$185,000 from the Library Fees and Fines Fund; and to fix the
effective date hereof to be immediately upon passage in accordance with Section 2.12 of the
Home Rule Charter of the City of Omaha, 1956, as amended. ((SEE FOLDERS))
Doc. # 3406 - Hearing 12/19/95
* * * * * * * * * * * * * * *
CHAIRMAN OF THE BOARD OF EQUALIZATION
106. Chairman of the Board of Equalization reports approval of Plans of Assessment, with
adjustments and corrections; made at their regular meeting held December 5, 1995.
Doc. # 3407 -Approve Carried 7-0
BOARD OF EQUALIZATION •
( 107. Motion that the City Council Rules of Order be suspended.
Doc. #3408 -Motion that the City Council Rules of Order be suspended Carried 7-0
( 108. Motion to set the Board of Equalization Meeting for the month of January on the second
( Tuesday, being January 9, 1996, at 1:00 p.m.
(
( Doc. # 3409 - Motion to set the Board of Equalization Meeting for the month of
( January on the second Tuesday, being January 9, 1996, at 1:00 p.m. Carried 7-0
(
(
( 109. Motion that the City Council Rules of Order be reinstated.
( Doc. #3410 -Motion that the City Council Rules of Order be reinstated Carried 7-0
- 34 -
EXECUTIVE SESSION
110. Motion to go into Executive Session for the purpose of discussing labor negotiations,
personnel matters and litigation.
Adjourn: 8:28 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.
* * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * *
- 35 -