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1994-03-29j "CORRECTED" CITY COUNCIL AGENDA FOR MARCH 29, 1994 LEGISLATIVE CHAMBERS - 2:00 P.M. ROLL CALL 1. City Clerk calls the roll. Doc. # 819 - Present: Koneck, Takechi, Terry, Christensen, Council, Friend, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Lee R. Terry of District No. 6. CERTIFICATION OF PUBLICATION 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha, on March 25, 1994, notice re: Pre-Council and Regular City Council Meetings, March 29, 1994. Doc. # 820 - From Chair on File RESOLUTION 5. Res. acknowledging the 80th birthday of Edna Williams and applauding her commitment and dedication to and leadership in Omaha's Afro-American Community. ((SEE FOLDERS)) Res. # 821 - Motion to lay over 1 wk. to 4/5/94 Carried 7-0 LIQUOR 6. CLASS "C" - 1339 South 35th Ave. , Inc. , dba "Wooden Apple", 2030 Martha Street. New application, new location. Location previously licensed to Thomas M. Holzapfel, dba "Wooden Apple", 2030 Martha Street who had a Class "C" Liquor License but did not renew for the 1993-94 licensing year. Property posted: 3/22/94. Notified: 3/22/94 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Doc. # 822 - Read Doc. # 823 - Motion to amend the application to change the answer to question 11 from no to yes. Carried 7-0 Doc. # 824 - Motion to lay over 1 wk. to 4/5/94 Carried 6-1 Yeas: Koneck, Takechi, Terry, Council, Friend, Anzaldo Nays: Christensen ( 7. Greek Islands, Inc. , 3515 Center Street, requests permission to change ( location of their present Class "I" Liquor License to 3821 Center ( Street. Property posted: 3/22/94. Notified: 3/22/94 - see attached. ( ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 825 - Read ( Doc. # 826 - Suspend City Council Liquor Rules Carried 7-0 ( Doc. # 827 - Approve Carried 7-0 ( Doc. # 828 - Reinstate City Council Liquor Rules Carried 7-0 ( ( (a) Document submitted by the City Clerk re: liquor licenses in ( the vicinity of 3821 Center Street. ( ( # 825 - Read ( # 827 - From Chair on File ( 8. Beaton Drug, 1218 South 119th Street, requests permission to appoint ( Michael A. Wenzl as manager of their present Package Liquor License - see ( attached. ( • ( Doc. # 829 - Approve Carried 6-0-1 Pass Yeas: Koneck, Takechi, ( Terry, Council, Friend, Anzaldo , Pass: Christensen (a) Kwik Shop, Inc. , dba "Kwik Shop #601", 6505 Maple Street, ( requests permission to appoint Patrick H. McAlexander as ( manager of their present Off Sale Beer License - see attached. ( ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) (( Doc. # 830 - Approve Carried 6-0-1 Pass Yeas: Koneck, ( Takechi, Terry, Council, Friend, Anzaldo Pass: ( Christensen 9. Christ the King Catholic Church, 654 South 86th Street, requests permission for a Special Designated License for Parent's Club 50's Dance, at 831 South 88th Street, on April 16, 1994 from 6:00 p.m. to 1:00 a.m. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 831 - Approve. Carried 6-0-1 Pass Yeas: Koneck, Takechi, Terry, Council, Friend, "Anzaldo Pass: Christensen 10. Creighton Preparatory School, 7400 Western Avenue, requests permission for a Special Designated License for a Social Hour/Silent Auction, Dinner and Oral Auction, on April 23, 1994 from 5:00 p.m. to midnight - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 832 - Approve Carried 6-0-1 Pass Yeas: Koneck, Takechi, Terry, Council, Friend, Anzaldo Pass: Christensen - 2 - 11. Swing for the Retarded, Inc. , 14507 Frontier Road, requests permission for a Special Designated License for a Dinner at the Firefighters Union Hall, 6005 Grover Street, on April 25, 1994 from noon to midnight - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 833 - Approve Carried 7-0 12. Share Our Strength, 1511 "K" Street, Washington, D.C. requests permission for a Special Designated License for Food Tasting and Auction, at Regency Court, 120 Regency Parkway, on May 1, 1994 from 6:30 p.m. to 9:30 p.m. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 834 - Approve Carried 7-0 13. Holy Ghost Catholic Church, 5219 South 53rd Street, requests permission for a Special Designated License for Parish Festival on June 4, 1994 from 5:00 p.m. to midnight, and June 5, 1994 from noon to 9:00 p.m. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 835 - Approve Carried 7-0 14. Pauli's, Inc., 4016 Leavenworth Street, requests permission for a Special Designated License during the College World Series, on June 3 and 4, 1994 from 5:00 p.m. to 1:00 a.m. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 836 - Approve Carried 7-0 15. Pauli's, Inc. , 4016 Leavenworth Street, requests permission for a Special Designated License during the College World Series, from June 8 through 11, 1994 from 5:00 p.m. to 1:00 a.m. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE) Doc. # 837 - Approve Carried 7-0 CONDEMNATION - APPEALS ( 16. Chuck Anderson appeals the condemnation of a 2 story, wood frame ( commercial building, 24' x 70' first floor, 24' x 40' second floor, located at 3158 Ames Avenue, 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 10/5/93 - see attached. Doc. # 838 - Motion to allow the appeal and refer back to the Planning Department Carried 7-0 CONTINUED TO NEXT PAGE - 3 - ( (a) Pictures submitted by Robert Peters, Planning Department, re: condemnation appeal of the property located at 3158 Ames Avenue over from 10/5/93.' ( # 838 - From Chair on File (b) Report from the City Clerk, re: Condemnation appeal hearing of February 2, 1993, on property located at 3158 Ames Avenue - over from 10/5/93 - see attached. 1 # 838 - From Chair on File (c) Pictures submitted by Robert Peters, Planning Department, re: condemnation appeal of the property located at 3158 Ames Avenue - over from 10/5/93. # 838 - From Chair on File (d) Pictures submitted by Robert Peters, Planning Department, re: condemnation appeal of the property located at 3158 Ames Avenue ( - over from 10/5/93. ( ( # 838 - From Chair on File ( ( . (e) Documents submitted by Chuck Anderson re: condemnation appeal ( of the property located at 3158 Ames Avenue - over from 10/5/93 ( - see attached. i # 838 - From Chair on File (f) Report from the City Clerk, re: Condemnation appeal hearing of ( February 23, 1993, on property located at 3158 Ames Avenue - over from 10/5/93 - see attached. ( ( # 838 - From Chair on File (g) Report from the City Clerk, re: Condemnation appeal hearing of March 16, 1993, on property located at 3158 Ames Avenue - over from 10/5/93 - see attached. ( # 838 - From, Chair on File (h) Pictures submitted by Ken Taylor, Planning Department, re: condemnation appeal of the property located at 3158 Ames Avenue ( - over from 10/5/93. # .838 - From Chair on File ( CONTINUED TO NEXT PAGE ( ( - 4 - ( (i) Documentation and picture submitted by Charles Anderson, re: condemnation appeal of the property located at 3158 Ames Avenue - over from 10/5/93 - see attached. # 838 - From Chair on File (j) Report from the City Clerk, re: Condemnation appeal hearing of August 31, 1993 on property located at 3158 Ames Avenue - over from 10/5/93 - see attached. 4/ 838 - From Chair on File (k) Report from the City Clerk, re: Condemnation appeal hearing of September 14, 1993 on property located at 3158 Ames Avenue over from 10/5/93 - see attached. # 838 - From Chair on File (1) Report from the City Clerk, re: Condemnation appeal hearing of October 5, 1993, on property located at 3158 Ames Avenue - see attached. # 838 - From Chair on File 17. Intown Investments, Inc. appeals the condemnation of a 1 story, wood frame dwelling, 990 square feet, and detached garage, 12 x 20' , located at 2110 Elm Street, as directed by Ordinance No. 33205, passed March 8, 1994 - see attached. Doc. # 839 - Motion to allow the appeal and refer back to the Planning Department Carried 7-0 ZONING ORDINANCE ON FINAL READING and Planning Board Attachments ( 18. Ord. to rezone from DR-Development Reserve District to R4-Single Family ( Residential District (High-Density); Northwest of 79th Street and Crown ( Point Avenue. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) ( Doc. # 840 - ORDINANCE # 33217 PASSED Carried 7-0 ( (a) Planning Board and Planning Department recommend approval of a request to rezone from DR to R4; Northwest of 79th Street and (( Crown Point Avenue - see attached. #840 - From Chair on File ( ( ( CONTINUED TO NEXT PAGE ( ( - 5 - ( 19. Res. that the.replat transmitted herewith entitled WYNNEWOOD 3RD ADDITION, is hereby approved with a waiver of Section 53-7(4)(c) requiring the County Treasurer's signature on the plat prior to City Council action; and concurrently a portion of the existing plat entitled Wynnewood 1st Addition, and described on said replat, is hereby vacated; Northwest of ( 79th Street and Crown Point Avenue - Inside City - over from 3/8/94 for ( publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) (( Res. # 841 - Adopt Carried 7-0 ( • ( (a) Planning Board and Planning Department recommend approval of ( the Final Plat of WYNNEWOOD 3RD ADDITION; Northwest of 79th Street and Crown Point Avenue - Inside City - over from 3/8/94 - see attached. # 841 - From Chair on File 20. Res. that the Subdivision Agreement between the City of Omaha and . • Construction Sciences Inc. , 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 Wynnewood • ( 3rd Addition and is located Northwest of 79th Street and Crown Point • Avenue - over from 3/8/94, - see attached. ( Res. # 842 - Adopt Carried 7-0 ORDINANCES ON FINAL READING ( 21. Ord. approving a redevelopment and tax increment financing loan agreement ( with the 1213 Jackson Street Partnership, a Nebraska Limited Partnership, for the rehabilitation of the property located at 1213 Jackson Street; and providing for an effective date - over from 3/22/94 - see attached. ((PUBLIC HEARING HELD 3/8/94 - CAN BE PASSED TODAY)) • ( • ( Doc. # 843 - ORDINANCE # 33218 PASSED Carried 7-0 (( 22. Res. that the Mayor and City Clerk are authorized to execute the attached Rental Rehabilitation Program loan agreement ' with 1213 Jackson Street . i Ltd. , a Nebraska Limited Partnership, Emil F. Vohoska, General Partner, to rehabilitate their property at 1213 Jackson Street. The amount of the ( Rental Rehabilitation Program-Deferred Payment Loan shall not exceed ( $75,000.00. These funds shall be payable from Community Development ( Block Grant Fund No. 193, Community Development Rental Rehabilitation ( Program, Organization No. 8318 - over from 3/22/94 - see attached. ( ((PUBLIC HEARING HELD 3/22/94 - CAN BE ADOPTED TODAY)) iRes. # 844 - Adopt Carried 7-0 . - 6 - • • 23. Ord. approving the First Amendment to the Redevelopment Agreement between the City of Omaha and One Thousand Harney Centre, Inc. at Tenth and Harney Streets, and to provide for an immediate effective date - see attached. ((PUBLIC HEARING HELD 3/22/94 - CAN BE PASSED TODAY)) Doc. # 845 - ORDINANCE # 32219 PASSED Carried 7-0 • • ORDINANCES ON SECOND READING and Planning Board Attachments ( 24. Ord. vacating the east/west alley between Cuming Street and Izard Street from 29th Street to Lincoln Boulevard in the City of Omaha and providing the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) • ( Doc. # 846 - Over to 4/5/94 (( ( (a) Planning Board and Planning Department recommend approval of ( the vacation of the east/west alley between Cuming and Izard Street between 29th Street and Lincoln Boulevard - see attached. ( # 846 - Over to 4/5/94 25. Ord. vacating the east 3 feet of 35th Street from Parker Street north 127 1/2 feet in the City of Omaha and providing the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) Doc. # 847 - Over to 4/5/94 (a) Planning Board and Planning Department recommend approval of the vacation of the east three feet of 35th Street from Parker ( Street north 127 1/2-feet - see attached:- -( ( # 847 - Over to 4/5/94 • ORDINANCES ON SECOND READING 26. Ord. to amend Ordinance No. 32973, passed April 27, 1993; declaring the necessity of appropriating, for use of the City of Omaha, the necessary lands for the purpose of constructing a storm sewer system in Karen Street from 60th Avenue to 63rd Street, 62nd Street from Karen Street to "J" Street, 63rd Street from Karen Street to "I" Street, and "I" Street from 62nd Avenue to 63rd Street, identified as ST.S. 4927; this Amending Ordinance expands the limits of the project to include 63rd Street and "I" Street as previously described; and, providing for the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) Doc. 11 848 - Over to 4/5/94 - 7 - 27. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the necessary lands for the purpose of widening "F" Street, from 84th Street to 96th Street, identified as Federal Aid Project No. M 5028(2), City Special Project No. 89-9; providing that the City negotiate with the property owners for land acquisitions, permanent easements and temporary construction easements; providing that as to each specified parcel which cannot be obtained by negotiation, condemnation proceedings be undertaken and completed; and, providing for the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) Doc. # 849 - Over to 4/5/94 28. Ord. to approve the execution of the Agreement between the City of Omaha and Sanitary and Improvement District No. 265, which is known as Winchester Heights and is located northwest of 126th and Fort Streets, which provides for the purchase of the District's sanitary interceptor sewers in accordance with Ordinance No. 32052, passed May 8, 1990, and involving the payment of money out of more than one year's appropriation in accord with Section 5.17 of the Home Rule Charter, to authorize the reimbursements to be paid from a specific account; and to provide the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) Doc. # 850 - Over to 4/5/94 29. Ord. to approve the execution of the Agreement between the City of Omaha and Sanitary and Improvement District No. 264, which is known as Autumn Heights and is located northeast of 144th and Blondo Streets, which provides for the purchase of the District's sanitary interceptor sewer in accordance with Ordinance No. 32052, passed May 8, 1990, and involving the payment of money out of more than one year's appropriation in accord with Section 5.17 of the Home Rule Charter, to authorize the reimburse- ments to be paid from a specific account; and to provide the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) Doc. # 851 - Over to 4/5/94 30. Ord. to amend Chapter 46, Article III, Division 7, Section 46-190 of the Omaha Municipal Code, to revise the fee schedule for permit inspections; to repeal Section 46-190 of the Omaha Municipal Code as heretofore existing; and to provide for an effective date hereof - see attached. ((PUBLIC HEARING TODAY)) Doc. # 852 - Over to 4/5/94 31. Ord. approving a redevelopment and tax increment financing loan agreement with the Cannonball Express, Inc. , a Nebraska Corporation, for the construction of an 86,600 square foot addition on a 6,055 acre site for a warehouse and production facility located at 13th and John J. Pershing Drive - see attached. ((PUBLIC HEARING TODAY)) Doc. # 853 - Over to 4/5/94 - 8 - 32. Ord. approving a redevelopment and tax increment financing loan agreement with the Lozier Corporation, a Nebraska Corporation, for the construction of a 206,800 square foot operations building expansion at 6360 John J. Pershing Drive. Growth of the Lozier Corporation necessitates construc- tion of the new building - see attached. ((PUBLIC HEARING TODAY)) Doc. # 854 - Over to 4/5/94 33. Ord. to amend the provisions of the cable television franchise agreement between the City of Omaha and T.V. Transmission, Inc., dba Douglas County CableVision; to require CableVision to interconnect its cable television system with the cable television system operated by Cox Cable Omaha; to require CableVision to offer certain public, community, and governmental access programming; to provide for the sharing of costs and expenses of the interconnection; to provide for payment of interconnect fees to be used to assist and promote public, community, or governmental access programming; to authorize the mayor and city clerk to execute and attest accordingly the approved agreement; and to provide the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) Doc. # 855 - Motion to continue the Public Hearing to the third reading on 4/5/94 Carried 7-0 34. Ord. to amend the provisions of the cable television franchise agreement • between the City of Omaha and Cox Cable Omaha, Inc.; to require Cox Cable to interconnect its cable television system with the cable television system operated by Douglas County CableVision; to provide for the sharing of costs and expenses of the interconnection; to recognize the receipt of interconnect fees to be used to assist and promote public, community, and governmental access programming; to authorize the mayor and city clerk to execute and attest accordingly the approved agreement; and to provide the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) Doc. # 856 - Motion to continue the Public Hearing to the third reading on 4/5/94 Carried 7-0 35. An Ord. to amend the provisions of the cable television franchise agree- ment between the City of Omaha and T.V. Transmission, Inc., dba Douglas County CableVision; to provide that such franchise shall continue for an additional fifteen (15) years through September 3, 2010; to provide that such franchise shall be subject to compliance with the terms and condi- tions of the attached franchise renewal agreement; to authorize the mayor and city clerk to execute and attest accordingly the approved agreement; and to provide the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) Doc. # 857 - Motion to continue the Public Hearing to the third reading on 4/5/94 Carried 7-0 :- 9 - y - 36. Special Ord. levying a special tax assessment for removal of litter in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha (Group No. 1994-8) - see attached. ((PUBLIC HEARING TODAY)) Doc. # 858 - Over to 4/5/94 "PURSUANT TO CITY COUNCIL RULE VII E, AGENDA ITEM NO. 37 SHALL BE LAID OVER FOR TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING." AREA AND SUBWAY ( 37. Res. that, the request of the Omaha World-Herald for permission to install ( four power pedestals located at 13th Street between Dodge Street and Capitol Avenue, Omaha, Nebraska, be and hereby is approved in accordance with Chapter 34, Article V, Division 4 of the Omaha Municipal Code, and the Permits and Inspection Division is directed to issue the necessary ( permit therefor, contingent upon continued compliance with all require- ments made and provided by law - see attached. ( Doc. # 859 - Over 2 wks. to 4/12/94 for publication and Public ( Hearing pursuant to City Council Rule VII E ( ( (a) Permits and Inspection transmits the request of the Omaha World Herald for permission to install four power pedestals located at 13th Street between Dodge Street and Capitol Avenue, Omaha, Nebraska. The Planning Department and the Public Works ( Department recommend approval of this request - see attached. # 859 - Over to 4/12/94 * * * * * * * * * * * * * * * * * RESOLUTIONS ((MOTIONS ON RESOLUTIONS UNLESS OTHERWISE SPECIFIED SHOULD BE TO (ADOPT) OR (NOT ADOPT) )) 38. Res. that in accordance with the Lottery Operator's Agreement between the City of Omaha and Big Red Keno, Ltd., as amended, Big Red Keno, Ltd. is granted approval to operate a satellite keno location at Tricks Public House, 1019 South 10 Street, in Omaha, Nebraska; and that, such approval shall be and is subject to continued compliance with the law, the Lottery Operator's Agreement, as amended, keno location criteria adopted by the • City Council, and the terms and conditions set forth in the application for approval of this location - over from 3/1/94 and continue the Public Hearing - see attached. ((PUBLIC HEARING CONTINUED TO TODAY - CAN BE ADOPTED TODAY)) Res. # 860 - Adopt Carried 5-1-1 Pass Yeas: Koneck, Takechi, Christensen, Council, Friend Nays: Terry Pass: Anzaldo - 10 - 39. Res. approving the contract with Daedalus Construction, as recommended by the Mayor, for the construction of Storm Sewer 5070 being 99th Street from Walnut Street to Pine Street and Walnut Street from 98th Street to 99th Street, to be paid from the 1989 Sewer Bond HR 3299-#2, Organization 1510, Fund 396, in the amount of $155,974.85 - see attached. Res. # 861 - Adopt Carried 7-0 40. Res. approving Staking and Inspection Agreement with HDR Engineering, Inc. for construction management services relative to the 24th Street viaduct replacement project, at a cost of $592,504.88, with City share payable from the 1989 Street and Highway Bond Organization 1509, HR 3299-#3, Fund 397 - see attached. Res. # 862 - Adopt Carried 7-0 41. Res. authorizing the Purchasing Agent to issue a purchase order to Nebraska Tractor for the bid to furnish all material, labor and equipment to rehabilitate four (4) motor patrols in the amount of $57,770.00, to be paid from the Street Maintenance Equipment Organization 1422, Fund 103 .- see attached. Res. # 863 - Adopt Carried 7-0 42. Res. authorizing the Purchasing Agent to issue a purchase order to Tim O'Neill Chevrolet for the purchase of an 8,000 GVW survey van to be utilized by the Construction Division in the amount of $18,197.97, to be paid from the Construction Organization 1407, Fund 103 - see attached. Res. # 864 - Adopt- Carried 7-0 • 43. Res. authorizing the Purchasing Agent to issue a purchase order to H.P. Smith Ford for the purchase of a 5,090 GVW cargo mini van to be utilized by the Quality Control Division, in the amount of $18,738.00, to be paid from the Environmental Quality Control Equipment Organization 1483, Fund 541 - see attached. . Res. # 865 - Adopt Carried 7-0 44. Res. authorizing the Purchasing Agent to issue a purchase order to H.P. Smith Ford for the purchase of a 5,090 GVW cargo mini van, to be utilized by the Solid Waste Division, in the amount of $15,565.00, to be paid from the Solid Waste Disposal Resource Recovery Organization 1455, Fund 001 - see attached. Res. # 866 - Adopt Carried 7-0 - 11 - 45. Res. authorizing the Purchasing Agent to issue a purchase order to H.P. Smith Ford for the purchase of a 5,090 GVW cargo mini van to be utilized by the Traffic Engineering Division in the amount of $19,289.00, to be paid from the Traffic Engineering Equipment Organization 1435, Fund 103 - see attached. Res. # 867 - Adopt Carried 7-0 46. Res. authorizing the Purchasing Agent to issue a purchase order to Lawn Professionals for mowing at the Papillion Creek Wastewater Treatment Plant in the amount of $23,775.00, to be paid from the Papillion Creek Wastewater Treatment Plant Maintenance Organization 1473, Fund 541 - see attached. Res. # 868 - Adopt Carried 7-0 ( 47. Res. that the City of Omaha hereby objects to the conveyance of the above ( referenced real estate attached hereto ,as Exhibit"A" for the reasons set out above, and hereby directs the City Clerk to file this objection with the Register of Deeds Office; 1029 North 72nd Street - see attached. ( ( Doc. # 869 - Motion to lay over. 1 wk. to 4/5/94 Carried 7-0 (a) Document submitted by Robert G. Decker, attorney, re: ( conveyance of real estate located at 1029 North 72nd Street, ( etc. # 869 - Over to 4/5/94 48. Res. that the City of Omaha hereby has no objection to the conveyance of the above referenced real estate attached hereto as Exhibit "A" and hereby waives the 120 day period; 4452 Shady Lane. Further that, the City Clerk is hereby directed to file this resolution with the Register of Deeds Office - see attached. Res. # 870 - Adopt Carried 7-0 49. Res. that the proposed contract between the City of Omaha and the Omaha Small Business Network, 2505 North 24th Street, Omaha, Nebraska, 68110, is approved. The contract covers the period January 1, 1994 through December 31, 1994 and provides $402,426.75. $60,000 is for administra- tion and $342,426.75 for the Revolving Loan Fund. $300,000 is from the 1994 CDBG Budget allocation and approximately $102,426.75 of carry-over funding from previous years. These funds will be paid from the Community Development Block Grant Fund No. 193, Organization Number 8328, Economic Development. ((SEE FOLDERS)) Res. # 871 - Adopt Carried 7-0 - 12 - 50. Res. that, as recommended by the Mayor, the attached Agreement between the City of Omaha and Bertha W. Calloway, adopting all of the terms and conditions of the Loan Agreement approved on October 28, 1980, by Council Resolution No. 3983 as amended on February 28, 1984, by Council Resolution No. 490, except that Section 1(h) shall be added to read: "Deferred Loan" shall mean a loan which does not require repayment provided that the owner retains title of the property located at 1910 Binney Street for a period of 10 years from the date of execution of the original Loan Agreement, is hereby approved - see attached. Res. # 872 - Adopt Carried 7-0 51. Res. that, as recommended by the Mayor, the bid in the amount of $14,318.00 each or a total amount of $28,636.00 from H.P. Smith Ford for two (2) 11,000 GVW, Ford F350 chassis and cabs for the Parks Division, being the lowest and best bid received within the bid specifications, attached hereto and made a part hereof, is hereby accepted, and the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds for the purchase of two (2) chassis and cabs in the total amount of $28,636.00 shall be paid from 1994 Park Division Fund 001, Agency 120, Organization No. 1214 - see attached. Res. # 873 - Adopt Carried 7-0 52. Res. that, as recommended by the Mayor, the bid in the total amount of $48,200.00 from Omaha Stage Equipment for stage curtains to be used at the Civic Auditorium, for the Public Events Division of the Parks, Recreation and Public Property Department, being the lowest and best bid received within the bid specifications, attached hereto and made a part hereof, is hereby accepted, and the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in the amount of $48,200.00 shall be paid from Fund 001, Agency 120, Organization No. 1261 - see attached. Res. # 874 - Adopt Carried 7-0 53. Res. that as recommended by the Mayor, on April 1st through April 3rd, 1994, between the hours of 8:00 p.m. April 1st and 5:00 a.m. April 3rd and on those dates only, the park rule closing the park between the hours of 8:00 p.m. and 5:00 a.m. shall be suspended; and Memorial Park shall be open to the public to accommodate an Easter presentation, a musical concert and a prayer vigil - see attached. Res. # 875 - Adopt Carried 7-0 54. Res. that, as recommended by the Mayor, on May 28th through May 30th, 1994, between the hours of 8:00 p.m. May 28th and 5:00 a.m. May 30th and on those dates only, the park rule closing the park between the hours of 8:00 p.m. and 5:00 a.m. shall be suspended; and Memorial Park shall be open to the public to accommodate the 24-hour watch in honor of those who gave their lives for freedom being sponsored by the Vietnam Veterans of America, Chapter 146 - see attached. Res. # 876 - Adopt Carried 7-0 - 13 - a 55. Res. that, the Police Department of the City of Omaha shall, through joint cooperation with, and utilizing the competitive bids solicited by, the State of Nebraska, Department of Administrative Services, Division of Communications, acquire twenty-five 100 Watt Motorola UHF MARATRAC mobile radios with B1245dB Gain Antenna at a unit cost of $1,149.73, making an aggregate cost of $28,743.25,. said expenditure to be funded from the 1994 Omaha Police Department Budget, Agency 132, Organization 1343, Object Code 4600 - see attached. Doc. # 877 - Motion to lay over 1 wk. to 4/5/94 Carried 7-0 56. Res. that, as recommended by the Mayor, the bid in the total amount of $7,837.17 from Sheppards Business Interiors for office desks and panels for the City Prosecutor's Office, being the lowest and best bid received within essential compliance with the bid specifications, attached hereto and made a part hereof, is hereby accepted, and the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in . the amount of $7,837.17 shall be paid from the Fiscal Year 1993, General Fund 001, Agency 050, Organization No. 0503 - see attached. Res. # 878 - Adopt Carried 7-0 "PURSUANT TO CITY COUNCIL RULE VII C, THE PUBLIC HEARING ON AGENDA ITEMS NO. 57 THROUGH 67 SHALL BE HELD ON THE SECOND READING." • ORDINANCES ON FIRST READING and Planning Board Attachments 57. Ord. vacating the north/south alley between 38th Avenue and vacated Jackson Street to the north line of Lots 7 and 16, Parmenter Place, and providing the effective date hereof - see attached. ( ( Doc. # 879 - Hearing 4/5/94 ( ( (a) Planning Board and Planning Department recommend approval of ( the vacation of the north/south alley, west of 38th Avenue between Jackson and Jones Streets - see attached. • ( ( # 879 - Over to 4/5/94 • ( 58. Ord. to amend Section 53-4. "Definitions.", Section 53-6. "Pre-applica- ( tion plans and data." and Section 53-6. "Preliminary plat." of the Omaha ( Municipal Code; to provide a proper definition of "Outlot"; clarify the ( definition of a "Minor subdivision"; and include nonresidential subdivi- sions in the definition of "Cluster subdivisions" - see attached. Doc. # 880 - Hearing 4/5/94 ( ( CONTINUED TO NEXT PAGE i - 14 - c • (a) Planning Board and Planning Department recommend approval of a Chapter 53 Amendments to provide a proper definition of ( "Outlot"; clarify the definition of a "Minor subdivision"; and include nonresidential subdivisions in the definition of "Cluster subdivisions" - see attached. 1! 880 -Over to 4/5/94 59. Ord. to amend Section 53-8 "Minimum design standards" and 53-11 "Cluster subdivisions" of the Omaha Municipal Code to provide for private streets in non-cluster subdivisions - see attached. Doc. # 881 - Hearing 4/5/94 (a) Planning Board and Planning Department recommend approval of a Chapter 53 amendments to provide for private streets in non-cluster subdivisions - see attached. 1/ 881 - Over to 4/5/94 • ORDINANCES ON FIRST READING 60. Ord. approving an Agreement with Omaha Public Power District for street lighting services for a four year period beginning January 1, 1994 and running through December 31, 1997; providing for payments from appropriations of more than one year in accord with Section 5.17 of the Home Rule Charter of 1956, as amended; providing that payments for the • various street lighting methods provided in the Agreement be paid from a specific account; and providing the effective date hereof - see attached. Doc. # 882 - Hearing 4/5/94 61. Ord. to amend Sec. 22-39 of` the Omaha Municipal Code, entitled "Refunds" to provide for an additional period of forty-five (45) days, for an employee who is re-employed to receive credit for a prior term of service if he/she pays refunded pension contributions plus interest as determined by the Pension Board of Trustees'; to repeal Sec. 22-39 of the Omaha Municipal Code as heretofore existing; and to provide the effective date hereof - see attached. Doc. # 883 -, Hearing 4/5/94 • 62. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning employment classifications by adding thereto new employment classifica- tions entitled Microsystems Support Specialist; Applications Analyst, Network Systems Administrator; and Management Information Systems Manager; to repeal Section 23-177 as heretofore existing; and to provide the effective date hereof - see attached. Doc. // 884 - Hearing 4/5/94 - 15 - 63. Ord. to amend Chapter , 43, Sections 43-89. and 43-100, of the Omaha Municipal Code entitled "Building Code",; , to amend Section 43-89 so as to adopt the 1988 Uniform Building Code, and to adopt the, 1992 CABO One and Two Family Dwelling' Code; to amend Section 43-100 so as to amend certain sections of the 1992 CABO One and Two Family Dwelling Code, and to delete those portions currently existing dealing with the 1986 CABO One and Two Family Dwelling Code; to repeal Sections 43-89 and 43-100 of the Omaha Municipal Code as heretofore existing; and to provide the effective date hereof - see attached. • Doc. # 893 - Motion to set the 2nd reading and Public Hearing on 4/12/94 Carried 7-0 64. Special Ord. levying a special tax and assessment for certain lots and pieces of real estate in the City of Omaha to cover the cost of repairing sewer connections in Sewer Lateral Repair Group 94-1 being made at various locations throughout the City - see attached. Doc. # 885 - Hearing 4/5/94 65. Special Ord. levying a special tax assessment for demolition of condemned buildings or structures in accordance with Section 43-50 of the Omaha Municipal Code on certain lots in the City of Omaha (Group No. 1993-3) - see attached. Doc. # 886 - Hearing 4/5/94 66. Special Ord. levying a special tax assessment for demolition of condemned buildings or structures in accordance with .Section 43-50. of the Omaha Municipal Code on certain lots in the City of Omaha (Group No. 1993-4) - see attached. • Doc. # 887 - Hearing 4/5/94 67. Special Ord. levying a special tax assessment for the removal of trees in accordance with Sections 37-1 through 37-96 of the Omaha Municipal Code on certain lots in the City of Omaha (Group No. 1994-7) - see attached. • Doc. # 888 - Hearing 4/5/94 * * * * * * * * * * * * * * * * * - 16 - "PURSUANT TO CITY COUNCIL RULE VII D, THE PUBLIC HEARING ON AGENDA ITEMS NO. 68 THROUGH 70 SHALL BE HELD ON THE THIRD READING." 68. Ord. creating Street Improvement District No. 6845, in the City of Omaha, for the purpose of improving Ogden Street from 16th Street to 20th Street by grading, curbing and paving; 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. # 889 - Hearing 4/12/94 69. Ord. creating Street Improvement District No. 6846, in the City of Omaha, for the purpose of improving 100th Street from West Center Road to Frederick Street by grading, curbing and paving; 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. # 890 - Hearing 4/12/94 70. Ord. to create Sewer District No. 1569A in the City of Omaha and to define its limits and to set- the size of sewer and manner of its construction, the said limits being: Whitmore Street from 115 + feet west of 56th Street to 58th Street - see attached. Doc. 4! 891 - Hearing 4/12/94 * * * * * * * * * * * * * * * * *. - 17 - EXECUTIVE SESSION 71. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. • DOCUMENTS ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK'S OFFICE ALL REQUESTS FOR SIGN LANGUAGE INTERPRETERS (SIGNERS) WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A MINIMUM OF 72 HOURS ADVANCE NOTICE. PLEASE NOTIFY SANDRA L. MOSES - 444-5554, IF ARRANGEMENTS NEED TO BE MADE. * * * * * * * * -* * * * * * * * * * * * * * * * * * * * * * * - 18 , SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR MARCH 29, 1994 LEGISLATIVE CHAMBERS - 2:00 P.M. - PREPARED MARCH 28, 1994 AT 11:30 A.M. "PURSUANT TO CITY COUNCIL RULE VII C, THE PUBLIC HEARING ON AGENDA ITEM NO. 72 SHALL BE HELD ON THE SECOND READING." ORDINANCES ON FIRST READING 72. 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 1994 Budget of the City of Omaha; to the 1994 General Fund General Expense Account to provide funds for the recodification of the Omaha Municipal Code in the amount of $70,000.00; and to fix the effective date hereof to be immediately upon passage in accordance with Section 2.12 of the Home Rule Charter of the City of Omaha, 1956, as amended - see attached. Doc. # 892 - Hearing 4/5/94 Adjourn: 3:38 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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * - 19 - 4:-