1997-02-11j OP
"CORRECTED"
CITY COUNCIL AGENDA FOR FEBRUARY 11. 1997
LEGISLATIVE CHAMBERS 2:00 P.M.
ROLL CALL
1. City Clerk calls the roll.
Doc. # 437 - Present: Herd, Koneck, Anzaldo, Christensen, Council,
Mr. President
Absent: Lo
2. Pledge of Allegiance.
3. Invocation by President 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 February 7, 1997, notice re: Pre-Council and Regular City Council
Meetings, February 11, 1997.
Doc. # 438 - From Chair on File
PRESENTATION
5. Presentation to the City of Omaha by Mr. Donald E. Pipes, City Manager, and/or Mr.
Alan Sims, Assistant City Manager, expressing the City of Overland Park's sincere
appreciation for the support and assistance provided by the City of Omaha and its
employees during the October 1996 snowstorm cleanup - see attached.
Doc. #439 - On File
Q •
RECONSIDERATION
( 6. Res. that the preliminary plat entitled HILLSBOROUGH ESTATES, along with the
attached conditions, is hereby accepted; and, the preparation of the final plat of this
( subdivision is hereby authorized; West of 132nd Street, north and south of Grand
( Avenue - Outside City - over from 2/4/97 for roll call on reconsideration - see
( attached.
{ Doc. # 440 - Roll Call on Reconsideration Carried 5-2 Yeas: Herd,
( Koneck, Lo, Anzaldo, Council Nays: Christensen, Terry
( Doc. # 441 Read
(
( Res. # 443 - Adopt as Amended Carried 6-1 Yeas: Herd, Koneck, Lo,
Anzaldo, Christensen, Council Nays: Terry
( (a) Amendment requested by Councilmember Lo.
(
(
(
Doc. # 442 - Motion by Lo to approve 2nd by Council
( Sub-motion by Anzaldo to lay over 2 wks. to 2/25/97 LOST
( for lack of a 2nd
( Original Motion to Approve Carried 6-1 Yeas: Herd,
( Koneck, Lo, Anzaldo, Christensen, Council Nays: Terry
(
(( (b) Planning Board and Planning Department recommend approval of the
Preliminary Plat of HILLSBOROUGH ESTATES (a cluster
( subdivision); West of 132nd Street, north and south of Grand Avenue
- Outside City-over from 2/4/97 for roll call on reconsideration - see
( attached.
(
(
( Doc. #440 - Roll Call on Reconsideration Carried 5-2 Yeas:
Herd, Koneck, Lo, Anzaldo, Council Nays: Christensen, Terry
Doc. #441 - Read
( # 443 - From Chair on File
(
(
CONTINUED TO NEXT PAGE
(
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( (c) Several communications opposing the development of apartment
buildings on the north, south, east and west sides of the Hillsborough
( subdivision in Omaha, etc. - over from 2/4/97 for roll call on
( reconsideration.
( Doc. #440 - Roll Call on Reconsideration Carried 5-2 Yeas:
Herd, Koneck, Lo, Anzaldo, Council Nays: Christensen, Terry
( Doc. # 441 - Read
( # 443 - From Chair on File
(
(
(d) Documentation submitted by Christopher D. Curzon, attorney, re:
( Hillsborough Estates, Grandvue Addition and Dave Abboud, etc. -
( over from 2/4/97 for roll call on reconsideration.
(
( Doc. #440 - Roll Call on Reconsideration Carried 5-2 Yeas:
( Herd, Koneck, Lo, Anzaldo, Council Nays: Christensen, Terry
Doc. # 441 - Read
( # 443 - From Chair on File
(
(
( (e) Communication from Steve Jensen, Assistant Planning Director, re:
Hillsborough area apartments _ over from 2/4/97 for roll call on
( reconsideration.
( Doc. #440 - Roll Call on Reconsideration Carried 5-2 Yeas:
(
( Herd, Koneck, Lo, Anzaldo, Council Nays: Christensen, Terry
Doc. # 441 - Read
#443 - From Chair on File
LIQUOR
7. Crossroads/Memphis Company LLC, dba "Residence Inn Omaha", 6990 Dodge
Street, requests permission to appoint Michael D. Walker as manager of their
pending Class "I" Liquor License - over from 2/4/97 - see attached. ((MOTION
NEEDED TO APPROVE OR NOT TO APPROVE))
Doc. # 444 -Approve Carried 7-0
- 3 -
( 8. CLASS "I" - Barefoot, Blaine E., dba "Peppers Restaurant", 1905 Harney Street.
( New application, old location, present licensee Litton Brothers, Inc., dba "Elmo
Fudd's Prime& Pub", 1905 Harney Street- over from 2/4/97 - see attached. ((YOU
( HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD
( BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY))
(
. Doc. #445 - Motion to allow the applicant to withdraw Carried 7-0
( (a) Communication from Blaine E. Barefoot, withdrawing his application
( for a Class "I" Liquor License at Peppers Restaurant, 1905 Harney
( Street.
( #445 - From Chair on File
9. CLASS "C" O.M.L., Inc., dba "Old Mill Lounge", 10944 West Dodge Road. New
application, old location, present licensee Ro De Ro, Inc., dba "Old Mill Lounge",
10944 West Dodge Road - see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
Res. #446 - Grant Carried 7-0
10. CLASS "C" - Rat's, Inc., dba "My Place", 3929 Farnam Street. New application, old
location, present licensee Bobbie Socks II, Inc., dba "Moose's", 3929 Farnam Street
- see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT
YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT
OR DENY))
Res. # 447 - Grant Carried 7-0
( 11. CLASS "I" - Kucirek, Francis J., dba "The Rail Way", 5447 South 24th Street. New
( application, new location. Property posted: 2/3/97. Notified: 2/3/97 -see attached.
( ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION
( SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY))
(
( Res. #448 - Grant Effective 5/1/97 Carried 6-0
(
(
(a) Document submitted by the City Clerk re: liquor licenses in the
( vicinity of 5447 South 24th Street. ((SEE FOLDERS))
( #448 - From Chair on File
(
- 4 -
12. CLASS "J" - Mackevicius, Lauri, dba "Lithuanian Bakery & Kafe", 518 South 10th
Street. New application, new location. Property posted: 2/5/97. Notified: 2/5/97 -
see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR
MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR
DENY))
Res. # 449 - Grant Carried 7-0
( 13. PACKAGE - Ginn Oil Company, dba "Goodies", 1816 North 30th Street. New
application, new location. Property posted: 2/3/97. Notified: 2/3/97 -see attached.
( ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION
( SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY))
(
( Res. # 450 - DENY based upon it being within 150 feet of a school and
having an adverse impact on the neighborhood Carried 5-2 Yeas: Herd,
Koneck, Lo, Anzaldo, Council Nays: Christensen, Terry
(a) Document submitted by the City Clerk re: liquor licenses in the
( vicinity of 1816 North 30th Street. ((SEE FOLDERS))
(
# 450 - From Chair on File
(
(b) Document submitted by Deborah D. Mabry-Strong, Executive
( Director, Child and Family Development Corp., re: the application of
Ginn Oil Co., dba "Goodies", for a package liquor license at 1816
( North 30th Street.
(
#450 - From Chair on File
(
( (c) Pictures submitted by James Calloway re: the application of Ginn Oil
Co., dba "Goodies", for a package liquor license at 1816 North 30th
( Street.
(
( #450 - From Chair on File
14. OFF SALE BEER - Alan L. Bach, Inc., dba "Total Fill & Food", 2604 South 13th
Street. New application, old location, present licensee Benson 66 Service, Inc., dba
"Z Mart", 2604 South 13th Street - see attached. ((YOU HAVE YOUR HEARING
ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A
RESOLUTION EITHER TO GRANT OR DENY))
Res. # 451 - Grant Carried 7-0
- 5 -
15. OFF SALE BEER - Alan L. Bach, Inc., dba "Fill & Food", 6818 South 13th Street.
New application, old location, present licensee Roki's, Inc., 6818 South 13th Street
- see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT
YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT
OR DENY))
Res. #452 - Grant Carried 7-0
16. Guild Hotel Management Company of Nebraska, dba "Radisson Redick Hotel",
1504 Harney Street, requests permission to appoint Mary Jane Galles as manager
of their present Class "I" Liquor License - see attached. ((MOTION NEEDED TO
APPROVE OR NOT TO APPROVE))
Doc. #453 - Approve Carried 7-0
17. Willow Springs Bottling Co., Inc., 8510 "K" Street, requests permission for a Special
Designated License for a Dinner and Dance for UNMC Department of Internal
Medicine, at the Scoular Grain Company Properties, 2027 Dodge Street, on March
1, 1997 from 3:00 P.M. to 12:00 o'clock midnight - see attached. ((MOTION
NEEDED TO APPROVE OR NOT TO APPROVE))
Doc. #454 - Approve Carried 7-0
18. Sts. Peter & Paul Church, 5912 South 36th Street, requests permission for a
Special Designated License for Annual Parish Dinner, at 3619 "X" Street, on March
9, 1997 from 12:00 o'clock noon to 6:00 P.M. - see attached. ((MOTION NEEDED
TO APPROVE OR NOT TO APPROVE))
Doc. # 455 - Approve Carried 7-0
19. GGG Enterprises, Inc., 2416 Davenport Street, requests permission for a Special
Designated License for a Theatrical Production, at Rock 'N Cabaret, 11015 Elm
Street, from February 27, 1997 through March 2, 1997, from 12:00 o'clock noon to
1:00 A.M. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO
APPROVE))
Doc. # 456 - Approve Carried 7-0
20. GGG Enterprises, Inc., 2416 Davenport Street, requests permission for a Special
Designated License for a Theatrical Production, at Rock 'N Cabaret, 11015 Elm
Street, from March 6, 1997 through March 9, 1997, from 12:00 o'clock noon to 1:00
A.M. -see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Doc. # 457 -Approve Carried 7-0
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21. GGG Enterprises, Inc., 2416 Davenport Street, requests permission for a Special
Designated License for a Theatrical Production, at Rock 'N Cabaret, 11015 Elm
Street, from March 13, 1997 through March 16, 1997, from 12:00 o'clock noon to
1:00 A.M. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO
APPROVE))
Doc. # 458 -Approve Carried 7-0
( 22. Knights of Columbus Council #10895, 5714 North 81st Street, requests permission
( for a Special Designated License for a Social Church gathering at St. James
( Church, 8212 Tomahawk Boulevard, on April 5, 1997 from 7:00 P.M. to 12:30 A.M. -
( see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
(
( Doc. # 459 - Read
Doc. # 461 -Approve as Amended Carried 7-0
(( (a) Communication from Steven L. Morford, Chairman of Knights of
Columbus St. James Council No. 10895, to amend question No. 4 on
( the application for a Special Designated License to read: 9212
Tomahawk Boulevard.
( Doc. # 460 -Approve Carried 7-0
(
23. Holy Ghost Catholic Church, 5219 South 53rd Street, requests permission for a
Special Designated License for Parish festival including games, food, music and
dancing, on June 1, 1997 from 12:00 o'clock noon to 9:00 P.M. - see attached.
((MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Doc. #462 -Approve Carried 7-0
CONDEMNATION - APPEALS
( 24. Wally Pepek appeals the condemnation of a 2 story dwelling, 3200 square feet,
located at 829 Park Avenue, as set forth in Section 43-38 Appeal Procedure of
( Division 4 of Unsafe Buildings of General Ordinance of the City of Omaha - over
( from 11/19/96 - see attached.
(
( Doc. # 464 - Motion to allow the appeal and refer back to the Planning
Department Carried 7-0
(
( CONTINUED TO NEXT PAGE
(
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( (a) Pictures submitted by Ken Taylor, Planning Department, re:
condemnation appeal of the property located at 829 Park Avenue -
over from 11/19/96.
( # 464 - From Chair on File
(
(
( (b) Report from the City Clerk, re: Condemnation appeal hearing of
February 27, 1996, on property located at 829 Park Avenue - over
( from 11/19/96 - see attached.
( # 464 - From Chair on File
(
(c) Pictures submitted by Ken Taylor, Planning Department, re:
( condemnation appeal of the property located at 829 Park Avenue -
( over from 11/19/96.
(
( #464 - From Chair on File
(
( (d) Report from the City Clerk, re: Condemnation appeal hearing of
( July 2, 1996, on property located at 829 Park Avenue - over from
( 11/19/96 - see attached.
(
(
# 464 - From Chair on File
(( (e) Report from the City Clerk, re: Condemnation appeal hearing of July
16, 1996, on property located at 829 Park Avenue - over from
( 11/19/96 - see attached.
( #464 - From Chair on File
(
( (f) Pictures submitted by Ken Taylor, Planning Department, re:
(
( condemnation appeal of the property located at 829 Park Avenue -
( over from 11/19/96.
( # 464 - From Chair on File
(
(
( (g) Report from the City Clerk, re: Condemnation appeal hearing of
November 19, 1996, on property located at 829 Park Avenue - see
( attached.
( #464 - From Chair on File
(
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( 25. Douglas C. Evans appeals the condemnation of a 2 story wood frame dwelling,
2,038 square feet, located at 821 South 38th Avenue, as set forth in Section 43-38
( Appeal Procedure of Division 4 of Unsafe Buildings of General Ordinance of the City
( of Omaha - over from 11/19/96 - see attached.
(
( Doc. # 465 - Motion to lay over 12 wks. to 5/6/97 Carried 6-0
(
( (a) Pictures submitted by Ken Taylor, Planning Department, re:
{ condemnation appeal of the property located at 821 South 38th
( Avenue - over from 11/19/96.
{
(
( # 465 - Over to 5/6/97
(
(b) Report from the City Clerk, re: Condemnation appeal hearing of
( November 19, 1996, on property located at 821 South 38th Avenue -
( see attached.
(
# 465 - Over to 5/6/97
( (c) Communication and Second Cash Bond submitted in the amount of
(
( $300.00 by Doug Evans, re: his condemnation appeal on the
( property located at 821 South 38th Avenue.
( # 465 - Over to 5/6/97
{
ZONING ORDINANCE ON FINAL READING and Planning Board Attachment
( 26. Ord. to rezone from DR-Development Reserve District to R7-Medium-Density
( Multiple Family Residential District; "N" to "0" Streets, 20th to 22nd Streets.
{ ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
{ Doc. #466 - ORDINANCE # 34108 PASSED Carried 6-0
(
(
( (a) Planning Board and Planning Department recommend approval of a
request to rezone from DR to R7; "N" to "0" Streets, 20th to 22nd
( Streets - see attached.
#466 - From Chair on File
(
(
CONTINUED TO NEXT PAGE
(
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( 27. Res. that the application for a major amendment to an existing Special Use Permit
to expand an area for development of a training facility, located at "N" to "0"
( Streets, 20th to 22nd Streets, Omaha, Nebraska, is hereby approved and the
( Permits and Inspection Division is directed to issue the necessary permit therefor,
( provided the conditions set out in Exhibit "A" of the above referenced application,
( and all applicable local or state statutes, ordinances or regulations are complied
with. That the proposed Special Use Permit has been reviewed and evaluated
( pursuant to, and meets each of, the criteria set forth in Section 55-885 of the
( Omaha Municipal Code - over from 1/28/97 for publication and Public Hearing - had
( publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED
( TODAY))
{ Res. #467 -Adopt Carried 6-0
(( (a) Planning Board and Planning Department recommend approval of a
major amendment to a Special Use Permit to expand an area for
( development of a training facility; "N" to "0" Streets, 20th to 22nd
Streets - over from 1/28/97 - see attached.
( # 467 - From Chair on File
ORDINANCE ON FINAL READING and Planning Board Attachment
( 28. Ord. vacating the north/south alley between 30th Street and 31st Street from St.
Mary's Avenue north to the south property line of Lots 2 and 21, Block 8, Redicks
( J. I. Subdivision in the City of Omaha and providing the effective date hereof- see
( attached. ((PUBLIC HEARING HELD 2/4/97 - CAN BE PASSED TODAY))
( Doc. #468 - Motion to lay over 2 wks. to 2/25/97 Carried 6-0
(
( (a) Planning Board recommends approval of the vacation of the
( north/south alley between 30th and 31st Streets from St. Marys
( Avenue north to the south property line of Lots 2 and 21; Block 8,
(
( Redicks J. I. Subdivision - see attached.
(
{ #468 - Over to 2/25/97
(( (b) Planning Department recommends DENIAL of the vacation of the
north/south alley between 30th and 31st Streets from St. Mary
( Avenue north to the south property line of Lots 2 and 21, Block 8,
Redicks J. I. Subdivision - see attached.
( #468 - Over to 2/25/97
{
- 10 -
ORDINANCES ON FINAL READING
( 29. Ord. to amend Sections 20-206, 20-207, and 20-208 of the Omaha Municipal Code;
to amend the list of persons authorized to carry weapons, to amend the firearm
( training program, and to amend the issuance of the identification card; to repeal
( Sections 20-206, 20-207, and 20-208 of the Omaha Municipal Code as heretofore
( existing; and to provide the effective date hereof- over from 12/17/96 and continue
( the Public Hearing - see attached. ((PUBLIC HEARING CONTINUED TO TODAY-
( CAN BE PASSED TODAY))
Doc. # 469 - Motion to lay over 18 wks. to 6/17/97 and continue the Public
( Hearing Carried 6-0
(
( (a) Amendment of the Whole requested by Councilmember Koneck.
((SEE FOLDERS))
( # 469 - Over to 6/17/97
{
( (b) Amendment of the Whole requested by Councilmember Koneck.
(
( # 469 - Over to 6/17/97
(
( 30. Res. that the City Clerk is hereby authorized to attest and the Mayor of the City of
( Omaha is authorized and empowered to execute for and on behalf of the City of
( Omaha the Amendment to Agreement between the City of Omaha and the Omaha
( Safety and Health Council of Greater Omaha, Inc., whereby the Council will
( continue to conduct the firearm training program established by the City of Omaha
in a more efficient manner for the benefit of all concerned - over from 12/17/96 and
( continue the Public Hearing - see attached. ((PUBLIC HEARING CONTINUED TO
( TODAY - CAN BE ADOPTED TODAY))
(
( Doc. # 470 - Motion to lay over 18 wks. to 6/17/97 and continue the Public
( Hearing Carried 6-0
31. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of widening Saddle Creek Road from Dodge Street
to Cuming Street, identified as Special Project 91-19; providing that the City
negotiate with the property owners for land acquisition, permanent easements and
temporary construction easements; providing that as to each specified parcel which
cannot be obtained by negotiation, condemnation proceedings be undertaken and
completed; and, providing for the effective date hereof- see attached. ((PUBLIC
HEARING HELD 2/4/97 - CAN BE PASSED TODAY))
Doc. #471 - ORDINANCE # 34109 PASSED Carried 6-0
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32. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of constructing intersection improvements at 31st
Avenue and Ames Avenue, identified as Special Project 96-14; providing that the
City negotiate with the property owners for land acquisition, permanent easements
and temporary construction easements; providing that as to each specified parcel
which cannot be obtained by negotiation, condemnation proceedings be undertaken
and completed; and, providing for the effective date hereof - see attached.
((PUBLIC HEARING HELD 2/4/97 - CAN BE PASSED TODAY))
Doc. # 472 - ORDINANCE # 34110 PASSED Carried 6-0
33. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of constructing left turn lanes on all four legs of
99th Street and Military Avenue intersection, identified as Special Project 96-18;
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 HELD 2/4/97 - CAN BE PASSED
TODAY))
Doc. #473 - ORDINANCE # 34111 PASSED Carried 5-0
( 34. Ord. authorizing and directing an issue of general obligation advance refunding
( bonds of the City of Omaha, Nebraska in the aggregate principal amount of not to
exceed Fourteen Million Dollars ($14,000,000) to be termed for identification
( purposes "General Obligation Refunding Bonds, Series of 1997"; 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; appointing a Paying Agent, Registrar and Escrow
( Agent;.directing that said bonds shall initially be issued and registered in book-entry
( form; providing for continuing disclosure; and providing for the effective date thereof
( - see attached. ((PUBLIC HEARING HELD 2/4/97 - CAN BE PASSED TODAY))
(
( Doc. # 474 - Read
( Doc. #476 - ORDINANCE # 34112 PASSED AS AMENDED Carried 5-0
(
( (a) Amendment requested by the Finance Department. ((SEE
FOLDERS))
Doc. #475 Approve Carried 5-0
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( 35. 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 1997 Budget of the City of
{ Omaha; to provide an appropriation to the Police Department in the amount of
( $23,000.00, 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. ((PUBLIC HEARING HELD 2/4/97 - CAN BE PASSED
( TODAY))
(
(
{ Doc. # 477 - ORDINANCE # 34113 PASSED Carried 5-0
(
(
( 36. Ord. providing for the execution of a Lease Agreement with Husker-Hawkeye
( Distributing, Inc. providing for a helicopter hangar facility to be located at the North
{
( Omaha Airport; to provide for execution of this Lease for a ten year period in accord
( with Section 5.17, Home Rule Charter of the City of Omaha, 1956, as amended; to
approve payments from appropriations of more than one fiscal year and from a
{ specific account; and to provide the effective date hereof- see attached. ((PUBLIC
{ HEARING HELD 2/4/97 - CAN BE PASSED TODAY))
(
(
{ Doc. # 478 - ORDINANCE # 34114 PASSED Carried 6-0
(
(
(
( 37. Ord. to amend Ordinance No. 14303, Section 40-252 of the Omaha Municipal
( Code, by an addition thereto of a new Class "A" Oil District, to be known as District
No. A-113; and to provide the effective date hereof(Police Department Air Support
( Wing, North Omaha Airport, 12211 North 72nd Street) - see attached. ((PUBLIC
{ HEARING HELD 2/4/97 - CAN BE PASSED TODAY))
(
(
Doc. # 479 - ORDINANCE # 34115 PASSED Carried 6-0
(
• 38. Ord. to amend Ordinance No. 14303, Section 40-252 of the Omaha Municipal
( Code, by an addition thereto of a new Class "A" Oil District, to be known as District
No. A-115; and to provide the effective date hereof (North Omaha Airport, 12211
( North 72nd Street) - see attached. ((PUBLIC HEARING HELD 2/4/97 - CAN BE
( PASSED TODAY))
(
(
( Doc. # 480 - ORDINANCE # 34116 PASSED Carried 6-0
(
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39. Ord. to approve and execute a contract involving the payment of money from
appropriations of more than one year in accordance with Section 5.17 of the Home
Rule Charter of the City of Omaha, 1956, as amended, by and between the City of
Omaha, a municipal corporation, and Creighton University, to provide for Paramedic
Refresher training classes in accord with American Heart Association (AHA)
standards; to provide additional continuing education courses in accord with
National Registry standards for a period of two (2) years, commencing on January
1, 1997, and ending December 31, 1999, in accordance with the lowest and best
proposal submitted by said Creighton University; and to provide the effective date
hereof - see attached. ((PUBLIC HEARING HELD 2/4/97 - CAN BE PASSED
TODAY))
Doc. # 481 - ORDINANCE # 34117 PASSED Carried 7-0
40. Ord. to amend Ordinance No. 14303, Section 40-252 of the Omaha Municipal
Code, by an addition thereto of a new Class "A" Oil District, to be known as District
No. A-106; and to provide the effective date hereof(City of Omaha, Maplewood Golf
Course, 3865 Parkview Drive) -see attached. ((PUBLIC HEARING HELD 2/4/97 -
CAN BE PASSED TODAY))
Doc. # 482 - ORDINANCE # 34118 PASSED Carried 7-0
"PURSUANT TO CITY COUNCIL RULE VII H,
DUE TO NO MEETING BEING HELD FEBRUARY 18, 1997,
THE THIRD READING AND PUBLIC HEARING ON
AGENDA ITEMS NO. 41 THROUGH 43
SHALL BE HELD ON FEBRUARY 25, 1997"
ZONING ORDINANCES ON SECOND READING
41. Ord. to rezone from R1-Single Family Residential District (Large Lot) to R2-Single
Family Residential District (Low-Density); Southeast of 120th and Frances Streets.
Doc. #483 - Over to 2/25/97
42. Ord. to approve a PUD Planned Unit Development Overlay District, to approve the
Development Plan, and to provide for an effective date; East of 129th Street and
Ames Avenue.
Doc. #484 - Over to 2/25/97
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43. Ord. to amend Section 55-769, Accessory uses", of the Omaha Municipal Code to
provide for mechanical equipment and structures in yard areas; and to provide for
the effective date hereof.
Doc. # 485 - Over to 2/25/97
* * * * * * * * * * * * * * *
"PURSUANT TO CITY COUNCIL RULE VII H,
DUE TO NO MEETING BEING HELD FEBRUARY 18, 1997,
THE THIRD READING ON AGENDA ITEMS NO. 44 THROUGH 48
SHALL BE HELD ON FEBRUARY 25, 1997.
((THE PUBLIC HEARINGS ON THESE ITEMS ARE TODAY))"
ORDINANCES ON SECOND READING
44. Ord. to amend Omaha Municipal Code Chapter 43 entitled "Building"; to add to the
modifications to the Uniform Building Code as listed in Section 43-126; to exempt
haunted houses from some of the requirements for automatic fire extinguishing
systems and alarm systems; and to provide for the effective date hereof - see
attached. ((PUBLIC HEARING TODAY))
Doc. #486 - Over to 2/25/97
45. Ord. to approve the Development Agreement for property located Northeast of
168th and Burke Streets (Cambridge Villas) between the City of Omaha and Dial
Cambridge L.P. providing site development and use standards; and to provide for
an effective date - see attached. ((PUBLIC HEARING TODAY))
Doc. #487 - Over to 2/25/97
46. Ord. to amend Ordinance No. 14303, Section 40-252 of the Omaha Municipal
Code, by an addition thereto of a new Class "A" Oil District, to be known as District
No. A-116; and to provide the effective date hereof (Pacific Springs Golf Course,
16810 Harney Street) - see attached. ((PUBLIC HEARING TODAY))
Doc. # 488 - Over to 2/25/97
- 15 -
47. Special Ordinance levying a special tax assessment for cutting and clearing weeds,
grass and worthless vegetation in accordance with Sections 18-21 through 18-30
of the Omaha Municipal Code on certain lots in the City of Omaha (Group No:
1997-4) - see attached. ((PUBLIC HEARING TODAY))
Doc. # 489 - Over to 2/25/97
48. Special Ordinance levying a special tax assessment for cutting and clearing weeds,
grass and worthless vegetation in accordance with Sections 18-21 through 18-30
of the Omaha Municipal Code on certain lots in the City of Omaha (Group No:
1997-5) - see attached. ((PUBLIC HEARING TODAY))
Doc. #490 - Over to 2/25/97
* * * * * * * * * * * * * * *
RESOLUTIONS
(( MOTIONS ON RESOLUTIONS UNLESS OTHERWISE SPECIFIED SHOULD BE TO
(ADOPT) OR (NOT ADOPT) ))
( 49. Res. that the Appraiser's Report of Findings with respect to no damages arising by
reason of change of grade or grading within Street Improvement Project 652-61, a
copy of which is attached hereto and made a part hereof, be, and the same hereby
( is adjudged proper, correct and legal, and the same hereby is approved and
( accepted - over from 1/28/97 and continue the Public Hearing - see attached.
( ((PUBLIC HEARING CONTINUED TO TODAY))
(
Res. #491 -Adopt Carried 6-0
( (a) Communication from Freda M. and Robert M. Vassell opposing the
(
( Appraiser's Report of Findings within Street Improvement Project
{ 652-61, etc. - over from 1/28/97 - see attached.
( #491 - From Chair on File
(
( (b) Communication from Harry Owen, Engineering Services Manager, re:
Appraiser's Report on SIP 652-61, 86th Street North of Cass Street.
( #491 - From Chair on File
(
- 16 -
{ 50. Res. approving the Contract with WBE Company, Inc., as recommended by the
Mayor, for RNC 5326, being combined sewer renovation located at 33rd Avenue
( and "W' Street and 37th and "R" Streets, to be paid from the Sanitary Sewer
( Improvement Organization 1485, Fund 544, in the amount of $960,879.00 - over
( from 1/28/97 and continue the Public Hearing - see attached. ((PUBLIC HEARING
( CONTINUED TO TODAY))
( Res. # 492 - Adopt Carried 6-0
(
(
(
(a) Communication from Don W. Elliott, Public Works Director, re:
( Change Order to proposed contract with WBE Company, Inc. for
( RNC 5326 (sewer renovation from 33rd Avenue & "W' Street to 37th
( & "R" Streets), etc. - see attached.
(
(
# 492 - From Chair on File
51. Res. that the Mayor and City Clerk are hereby authorized to execute and attest,
respectively, the agreements between the City of Omaha and the three (3)
disinterested freeholders, Messrs. Thomas E. Stevens, H. James Grove, and
William L. Otis, which contain provisions relative to appraising possible grade
damages arising in street improvement districts and street improvement projects
during construction year 1997 - see attached.
Res. #493 -Adopt Carried 6-0
52. Res. as recommended by the Mayor, the bid of$32,406.40 for 32,800 lbs. of rye
grass seed from United Seed Inc., to be paid from the 1997 Golf Operations Fund
510, Agency 120, Organization 1252, being the lowest and best bid received within
bid specifications, which are incorporated herein, as per the attached, is hereby
accepted and the Purchasing Agent is authorized to issue a purchase order in
conformance herewith - see attached.
Res. # 494 -Adopt Carried 6-0
- 17 -
53. Res. that as recommended by the Mayor, the bid in the total amount of$72,260.00
from LawnSmith & Co., Inc. for furnishing materials, labor and all else necessary to
construct and finish all work in connection with the Greentree Park site
improvements at Greentree Park, 127th and 129th Streets, being the lowest and
best bid received, within the bid specifications, attached hereto and made a part
hereof, is hereby accepted and the contract is approved. Funds in the amount of
$72,260.00 shall be paid from Park Division Fund 001, Agency 120, Organization
No. 1220, Object 8310. The Finance Department is authorized to pay the cost of
the project from these accounts (North of West Maple Road at 127th Street) - see
attached.
Res. # 495 -Adopt Carried 7-0
(a) Communication from Louis A. D'Ercole, Acting Finance Director, re:
annexed Sanitary and Improvement District 219 (Greentree
Subdivision), etc.
# 495 - From Chair on File
54. Res. that as recommended by the Mayor, the bid in the total amount of$21,092.00
from Big Bear Equipment for two (2) Cushman #630 turf type utility vehicles at
$10,546.00 each, 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$21,092.00 shall be paid from the Golf Division Fund 510,
Agency 120, Organization No. 1252 - see attached.
Res. #496 -Adopt Carried 7-0
( 55. Res. approving a Change Order to the Contract with Hawkins Construction
Company for Civic Auditorium Renovation to provide for construction of hockey
( locker facilities at a cost of $442,000.00 payable from the Civic Auditorium Ice
Facility Fund 337, Organization 2338 - see attached.
(
( Res. #497 -Adopt Carried 7-0
(
( 56. Res. approving a combined contract with GDS Seating, Inc. and StageRight
( Corporation for arena seating at the Civic Auditorium, in the total amount of
( $757,660.00 payable from the Civic Auditorium Renovation Fund 315, Organization
(
( 1952 - see attached.
Res. # 498 -Adopt Carried 7-0
( CONTINUED TO NEXT PAGE
(
(
- 18 -
(
(
( 57. Res. authorizing the Purchasing Agent to issue a purchase order to Becker Arena
Products, Inc. for the purchase of an ice resurfacing machine for use at the Civic
( Auditorium, at a total cost of$59,110 payable from the Civic Auditorium Ice Facility
( Fund 337, Organization 2338 - see attached.
(
( Res. #499 - Motion by Anzaldo to Adopt 2nd by Koneck
Sub-motion by Christensen to lay over 2 wks. to 2/25/97 2nd by Lo LOST
( 2-5 Yeas: Lo, Christensen Nays: Herd, Koneck, Anzaldo, Council, Terry
( Original Motion to Adopt Carried 5-2 Yeas: Herd, Koneck, Lo, Anzaldo,
( Council Nays: Christensen, Terry
(
( (a) Communication from Shirley Alvitre, Customer Service, Frank J.
Zamboni & Co., Inc., re: HDB/500 Machine Commonality, etc.
( # 499 - From Chair on File
(
(
( 58. Res. authorizing the Purchasing Agent to issue a purchase order to Omaha Stage
Equipment for three spotlights to be installed in the Music Hall, at a total cost of
( $23,850, payable from the Civic Auditorium Renovation Fund 315, Organization
( 1952 - see attached.
(
Res. # 500 -Adopt Carried 7-0
( 59. Res. authorizing the Purchasing Agent to issue a Purchase Order to Omaha Stage
(( Equipment for theatrical curtains to be installed in the Music Hail at a cost of
$20,640.00 to be paid from Civic Auditorium Renovation Fund 315, Organization
( 1952 - see attached.
(
( Res. # 501 -Adopt Carried 7-0
(
(
( 60. Res. authorizing the Purchasing Agent to issue a Purchase Order to Interstate
( Electric Supply for light fixtures to be used in the Civic Auditorium ramps at a cost
of $52.85 per fixture, being the lowest and best bid received meeting the bid
( specifications, with costs to be paid, in the total amount of$6,553.40, from the Civic
( Auditorium Renovation Fund 315, Organization 1952 - see attached.
(
( Res. # 502 -Adopt Carried 7-0
61. Res. that, as recommended by the Mayor, this contract in the amount of$50,000.00
between Peter Kiewit Foundation and the City of Omaha is approved by resolution
of this Council to partially fund the purchase of equipment and supplies for the
Omaha Police Department Community Resource Center - see attached.
Res. # 503 - Adopt with the inclusion of Exhibit"B" Carried 7-0
- 19 -
62. Res. approving a contract, for a period of one year with three additional mutual one
year options, with Douglas County providing for the detention of Juvenile suspects.
((SEE FOLDERS))
Res. # 504 -Adopt Carried 7-0
63. Res. that the proposed bid specifications and "notice to bidders"soliciting proposals
for the installation, placement, maintenance and removal of bus stop benches
throughout the City attached hereto as Exhibit "A" are hereby approved. That the
Purchasing Agent is hereby directed to proceed forthwith with the purchasing
procedure as set forth in Section 5.16 of the Home Rule Charter of the City of
Omaha 1956, as amended and to complete such procedure as soon as is
reasonably possible. ((SEE FOLDERS))
Res. # 505 -Adopt Carried 7-0
64. Res. that the Business Improvement District boundaries for BID 6859 shall be fixed
as Underwood Avenue from 300 feet east of 50th Street to 51st Street and from
50th Street from the East/West alley south of Underwood Avenue to Webster Street
and shall comprise Lots 1 through 10, inclusive, Block 100; Lots 1 and 2 and 13
through 24, inclusive, Block 101; Lots 11 through 18, inclusive, Block 110; and Lots
7 through 12, inclusive, Block 111; all in Dundee Place; further that the above
described parcels are for those for which the Dundee Business Improvement District
Board has determined will benefit as a result of the improvements proposed in the
plan and therefore it is these lots which will be specially assessed - see attached.
((MOTION NEEDED TO LAY OVER 3 WKS. TO 3/4/97 FOR PUBLICATION AND
PUBLIC HEARING TO COINCIDE WITH THE CREATING ORDINANCE))
Doc. # 506 - Motion to lay over 3 wks. to 3/4/97 for publication and Public
Hearing to coincide with the Creating Ordinance Carried 7-0
"PURSUANT TO CITY COUNCIL RULE VII H,
DUE TO NO MEETING BEING HELD FEBRUARY 18, 1997,
THE THIRD READING AND PUBLIC HEARING ON
AGENDA ITEMS NO. 65 THROUGH 66
SHALL BE HELD ON MARCH 4, 1997"
ZONING ORDINANCE ON FIRST READING and Planning Board Attachment
( 65. Ord. repealing a certain Planned Unit Development Overlay District and its
( accompanying plan previously placed on the described property and to provide for
an effective date; 4705 South 136th Street - see attached.
Doc. # 507 - Hearing 3/4/97
( CONTINUED TO NEXT PAGE
- 20 -
( (a) Planning Board and Planning Department recommend approval of a
{ request to repeal a Planned Unit Development Overlay District; 4705
( South 136th Street - see attached.
(
( # 507 - Over to 3/4/97
ORDINANCES ON FIRST READING
66. Ord. establishing Business Improvement District (BID) No. 6859 in accordance with
the plan submitted by the Board of the Dundee Business Improvement District and
adopted by the City Council by its Resolution of Intention; establishing the purposes
and limits of the proposed BID; providing for the special assessment of project costs
and billing of annual routine maintenance costs; providing for the method of
assessment for special benefits accruing to the affected property; providing for the
imposition of delinquency charges should payments or billings not be made as
required; and providing for the effective date hereof- see attached.
Doc. # 508 - Hearing 3/4/97
* * * * * * * * * * * * * * *
"PURSUANT TO CITY COUNCIL RULE VII H,
DUE TO NO MEETING BEING HELD FEBRUARY 18, 1997,
THE SECOND READING AND PUBLIC HEARING
ON AGENDA ITEMS NO. 67 THROUGH 75
SHALL BE HELD ON FEBRUARY 25, 1997"
67. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of widening Blondo Street from Papillion Parkway
to 123rd Street, identified as Federal Aid Project STPC-5066(4), City Special Project
92-11A; providing that the City negotiate with the property owners for land
acquisition, permanent easements, and temporary construction easements;
providing that as to each specified parcel which cannot be obtained by negotiation,
condemnation proceedings be undertaken and completed; and, providing for the
effective date hereof- see attached.
Doc. # 509 - Hearing 2/25/97
- 21 -
68. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, the
necessary lands for the purpose of widening 120th Street from Nicholas Street to
Franklin Street, identified as Special Project 94-22; providing that the City negotiate
with the property owners for land acquisition, permanent easements and temporary
construction easements; providing that as to each specified parcel which cannot be
obtained by negotiation, condemnation proceedings be undertaken and completed;
and, providing for the effective date hereof-see attached.
Doc. # 510 - Hearing 2/25/97
69. Ord. to amend Chapter 10, Article V, Division 1 of the Omaha Municipal Code
pertaining to contracts; to adopt a new Section 10-146; to prohibit the City from
contracting with private fire, ambulance, or hazardous material services without
approval of the electors at a regular election; and to provide an effective date
hereof. ((SEE FOLDERS))
Doc. # 517 - Motion to withdraw Carried 7-0
70. Ord. to amend Chapter 15, Article I, of the Omaha Municipal Code pertaining to
alcoholic liquors; to adopt a new Section 15-13 prohibiting the possession of open
containers of alcoholic liquor in various public places; and to provide an effective
date hereof. ((SEE FOLDERS))
Doc. # 511 - Hearing 2/25/97
71. Ord. amending Section 18-22 of Chapter 18 of the Omaha Municipal Code entitled
"Nuisances," to exempt the Land Reutilization Commission from all property
assessments for City weed and litter violations and provide for an effective date.
((SEE FOLDERS))
Doc. # 512 - Hearing 2/25/97
72. Ord. to amend Section 23-178 of the Omaha Municipal Code concerning pay
ranges; to amend the pay range in Q-HOURLY PAY: PART-TIME UNCLASSIFIED
WORKER POSITIONS by adding additional steps to that range to extend the
maximum to $18.00 per hour; to repeal Section 23-178 as heretofore existing; and
to provide the effective date hereof- see attached.
Doc. # 513 - Hearing 2/25/97
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73. Ord. to amend Chapter 26 of the Omaha Municipal Code; to amend Section 26-40
of the Omaha Municipal Code to amend the change in costs requiring republication,
notice and protest in street improvement districts from 25% to 15%; to repeal
Section 26-40 of the Omaha Municipal Code as heretofore existing, and to provide
for an effective date hereof- see attached.
Doc. # 514 - Hearing 2/25/97
74. Special Ord. levying a special tax and assessment on all lots and pieces of real
estate within Street Improvement District No. 6836 in the City of Omaha, to cover
the cost of grading, curbing, and paving 98th Avenue from Rockbrook Road to West
Center Road - see attached.
Doc. # 515 - Hearing 2/25/97
75. Special Ord. levying a special tax assessment for removing dangerous, dead,
diseased or overhanging trees in accordance with Sections 37-1 through 37-95 of
the Omaha Municipal Code on certain lots in the City of Omaha (Group No. 1997-6)
- see attached.
Doc. # 516 - Hearing 2/25/97
* * * * * * * * * * * * * * *
CHAIRMAN OF THE BOARD OF EQUALIZATION
76. Chairman of the Board of Equalization reports approval of Plans of Assessment with
adjustments and corrections made at their regular meeting held February 4, 1997.
Doc. # 518 -Approve Carried 7-0
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EXECUTIVE SESSION
77. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
Adjourned: 5:05 P.M.
DOCUMENTS ARE AVAILABLE FOR PUBLIC INSPECTION
IN THE CITY CLERK'S OFFICE
ALL REQUESTS FOR SIGN LANGUAGE INTERPRETERS (SIGNERS)
WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE.
IF ALTERNATIVE FORMATS ARE NEEDED,
ALL REQUESTS WILL REQUIRE A MINIMUM OF 72 HOURS ADVANCE NOTICE.
PLEASE NOTIFY SANDRA L. MOSES -444-5554, IF ARRANGEMENTS NEED TO BE MADE.
* * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * *
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•
SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR FEBRUARY 11, 1997
LEGISLATIVE CHAMBERS -2:00 P.M. - PREPARED FEBRUARY 10, 1997 AT 1:00 P.M.
ADDITIONAL LIQUOR
78. Project Children of Nebraska, 5162 Jones Street, requests permission for a Special
Designated License for Traditional Irish Music Concert, at Holy Cross School Gym,
4837 Woolworth Avenue, on February 21, 1997 from 6:30 P.M. to 12:30 A.M. - see
attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Doc. #463 -Approve Carried 7-0
DOCUMENTS ARE AVAILABLE FOR PUBLIC INSPECTION
IN THE CITY CLERK'S OFFICE
ALL REQUESTS FOR SIGN LANGUAGE INTERPRETERS (SIGNERS)
WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE.
IF ALTERNATIVE FORMATS ARE NEEDED,
ALL REQUESTS WILL REQUIRE A MINIMUM OF 72 HOURS ADVANCE NOTICE.
PLEASE NOTIFY SANDRA L. MOSES -444-5554, IF ARRANGEMENTS NEED TO BE MADE.
* * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * *
- 25 -
' • '-
4.