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2001-02-13j "CORRECTED" CITY COUNCIL AGENDA FOR FEBRUARY 6, 2001 LEGISLATIVE CHAMBERS - 2:00 P.M. ROLL CALL 1. City Clerk calls the roll. Doc. # 326 - Present: Lo, Monahan, Sivick, Brown, Herd, Koneck, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Frank Brown of District No. 2. CERTIFICATION OF PUBLICATION • 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha on February 2, 2001, notice re: Pre-Council and Regular City Council Meetings, February 6, 2001. • Doc. # 327 - From Chair on File • CONDEMNATION - APPEAL 5. Eric H. Lindquist, Attorney on behalf of Centex Credit Corporation, dba Centex Home Equity Corporation, appeals the condemnation of a one and one half story wood frame dwelling, located at 3907 Florence Boulevard, as set forth in Section 43-38 Appeal Procedure of Division 4 of Unsafe Buildings of General Ordinance of the City of Omaha see attached. Doc. # 328 - Motion to lay over 18 wks. to 6/12/01 Carried 7-0 (a) Pictures submitted by Kevin Denker, Chief Housing Inspector, Planning Department, re: condemnation appeal of property located at 3907 Florence Boulevard. # 328 - Over to 6/12/01 r • 6. (Continued from Previous Page) • (a) Planning Board and Planning Department recommend approval of • a request to rezone property located Southwest of 174th Street and West Maple Road from AG to R5 - see attached. # 336 - From Chair on File 13. Ord. to amend Omaha Municipal Code Section 55-826, to provide for an optional fee for a new off-premises advertising sign; to provide for the use of such fees for the removal of nonconforming off-premises advertising signs; to repeal Section 55-826 as heretofore existing; and to provide the effective date of this Ordinance - see attached. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) Doc. # 337 - Motion by Sivick to lay over 20 wks. to 6/26/01 2nd by Koneck Sub-motion by Monahan to lay over 3 wks. to 2/27/01 LOST for lack of a second Original Motion to lay over 20 wks. to 6/26/01 Carried 7-0 (a) Planning Board and Planning Department recommend approval of _ an amendment to Chapter.55 Zoning regarding off-premise signs (billboards) - see attached. # 337 - Over to 6/26/01 (b) Communication from Mayor Hal Daub re: the amendment to • Chapter 55-826a(9), Removal of non-conforming off-premise advertising signs, etc. - over from 1/23/01 - see attached. # 337 - Over to 6/26/01 (c) Communication from Dick Deitering, Vice President and General Manager of Lamar Outdoor Advertising of Omaha, re: proposed ordinance amending Section 55-826 of the Omaha Municipal Code providing for an optional fee for new off-premise advertising signs. • # 337 - Over to 6/26/01 (d) Communication from Lou Andersen, Assistant to City Council, re: Amendments to Billboard Ordinance. # 337 - Over to 6/26/01 - 4 - • RESOLUTION RE: PLAT & SUBDIVISION AGREEMENT 14. Res. that the replat transmitted herewith entitled MORMON BRIDGE PLAZA (a cluster subdivision) located Southwest of Mormon Bridge Road and McKinley Street, is hereby approved; and concurrently a portion of the existing plat entitled Raven Oaks Subdivision, and described on said replat, is hereby vacated - Inside City - over from 1/23/01 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 338 - Adopt 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of MORMON BRIDGE PLAZA (a cluster subdivision) located Southwest of Mormon Bridge Road and McKinley Street - Inside City - over from 1/23/01 - see attached. # 338 - From Chair on File 15. Res. that the Subdivision Agreement between the City of Omaha and Ames Partnership, LLP, as recommended by the Mayor, providing for the public and private improvements and sewer connections to the Omaha sewer system, is hereby approved. The Subdivision is to be known as Mormon Bridge Plaza which will be located southwest of Mormon Bridge Road and McKinley Street - over from 1/23/01 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 339 - Adopt 7-0 PLAT AND DEDICATION 16. Plat and Dedication of a 14 foot wide by 300 foot long strip of land located at Northwest Radial Highway between Charles and Hamilton Streets - Inside City - over from 1/23/01 for publication and Public Hearing - had publication. ((PUBLIC HEARING TODAY - CAN BE APPROVED TODAY)) Doc. # 340 - Approve 7-0 (a) Planning Board and Planning Department recommend approval of a Plat and Dedication of a 14 foot wide by 300 foot long strip of land located at Northwest Radial Highway between Charles and Hamilton Streets - Inside City - over from 1/23/01 - see attached. # 340 - From Chair on File - 5 - • " r a ORDINANCES ON FINAL READING 17. Ord. to add to Chapter 2 of the Omaha Municipal Code a new Article XI entitled "Lobbyists"; to provide for the registration of lobbyists contacting City officials, and the reporting of related expenditures; and to provide the effective date thereof - see attached. ((PUBLIC HEARING HELD 1/30/01 - CAN BE PASSED TODAY)) Doc. # 341 - Ordinance read. (a) Amendment of the Whole requested by Councilmember Herd - over from 1/30/01 - see attached. Doc. # 342 - Read Doc. # 346 - ORDINANCE # 35471 PASSED AS AMENDED 7-0 (b) Amendment "A-1" requested by Councilmember Herd to Amendment of the Whole "A". Doc. # 343 - Approve 7-0 (c) Amendment "A-2" requested by Councilmember Herd to Amendment of the Whole "A". Doc. # 344 - Approve 7-0 (d) Amendment "A-3" requested by Council President Kraft to Amendment of the Whole "A". Doc. # 345 - Approve 7-0 (e) Communication from Mayor Hal Daub in support of the proposed Lobbyist ordinance. # 341 - Read # 346 - From Chair on File 18. Ord. to amend Omaha Municipal Code Sections 44-51, 44-130, 44-136, 44-172, and 44-173; to prohibit the installation of electrical wiring or equipment for another without a permit and license; to amend the fee schedule for electrical permits; to modify technical requirements for electrical installations; to add new Sections 44-174 and 44-175 to the Omaha Municipal Code regarding access to electrical equipment and ground fault outlets; to repeal Sections 44-51, 44-130; 44-136, 44-172, and 44-173 as heretofore existing; and to provide the effective date thereof - see attached. ((PUBLIC HEARING HELD 1/30/01 - CAN BE PASSED TODAY)) Doc. # 347 - ORDINANCE # 35472 PASSED 6-0 - 6 - • 19. Ord. transferring funds from unencumbered appropriation balances in the 2001 Budget of the City of Omaha, in accordance with Section 5.10 of the Home Rule Charter of the City of Omaha, 1956, as amended, to provide supplemental appropriations for personal services account of various City Departments; 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 1/30/01 - CAN BE PASSED TODAY)) Doc. # 348 - ORDINANCE # 35473 PASSED 6-0 20. Ord. approving the Eighth Supplemental Agreement among the City of Omaha, the County of Douglas and the Omaha-Douglas Public Building Commission providing for additions to and improvements to the Civic Center and the Hall of Justice, approving the issuance and sale of Public Building Commission Bonds during calendar year 2001 in an amount not to exceed $10,200,000, to determine the division of responsibility for payment of previous bonds and to provide for an effective date - see attached. ((PUBLIC HEARING HELD 1/30/01 - CAN BE PASSED TODAY)) Doc. # 349 - ORDINANCE # 35474 PASSED 6-0 21. Ord. to approve the execution of Purchase and Service Agreements (with options) between the City of Omaha and Oracle Corporation for the purchase and implementation of an enterprise financial system; providing for 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; providing for scheduled payments of approximately eight million dollars ($8,000,000) with responsibility for payment split between the City of Omaha, Douglas County, and the Omaha-Douglas Public Building Commission over a period of approximately 24 months - see attached. ((PUBLIC HEARING HELD 1/30/01 - CAN BE PASSED TODAY)) Doc. # 350 - ORDINANCE # 35475 PASSED 7-0 22. Ord. providing for the acceptance of a bid for soft drink beverages to be sold at the N.P. Dodge Park Marina and at five City-operated golf concession stands and approval of a three year contract with the successful low bidder, American Bottling Company, and to provide for an effective date hereof - see attached. ((PUBLIC HEARING HELD 1/30/01 - CAN BE PASSED TODAY)) Doc. # 351 - ORDINANCE # 35476 PASSED 7-0 - 7 - • 23. Ord. to accept the bid of Blade Masters Lawn for grounds maintenance of Package Four for a period of one year with an extension provision of two years; to authorize payment in accordance therewith; to authorize the Purchasing Agent to issue a purchasing order; and to provide for an effective date - see attached. ((PUBLIC HEARING HELD 1/30/01 - CAN BE PASSED TODAY)) Doc. # 352 - ORDINANCE # 35477 PASSED 7-0 24. Ord. to accept the bid of Blade Masters Lawn for grounds maintenance for Quadrant #1 street right-of-way mowing for a period of one year with an extension provision of one year; to authorize payment in accordance therewith; to • authorize the Purchasing Agent to issue a purchasing order; and to provide for an effective date - see attached. ((PUBLIC HEARING HELD 1/30/01 - CAN BE PASSED TODAY)) Doc. # 353 - ORDINANCE # 35478 PASSED 7-0 • 25. Ord. to accept the bid of Blade Masters Lawn for grounds maintenance for Quadrant #3 right-of-way mowing for a period of one year with an extension provision of one year; to authorize payment in accordance therewith; to authorize the Purchasing Agent to issue a purchasing order; and to provide for an effective date - see attached. ((PUBLIC HEARING HELD 1/30/01 - CAN BE PASSED TODAY)) Doc. # 354 - ORDINANCE # 35479 PASSED 7-0 26. Ord. to accept the bid of M&A Enterprises for grounds maintenance of Quadrant #4 right-of-way mowing for a period of one year with an extension provision of one year; to authorize payment in accordance therewith; to authorize the Purchasing Agent to issue a purchasing order; and to provide for an effective date - see attached. ((PUBLIC HEARING HELD 1/30/01 - CAN BE PASSED TODAY)) Doc. # 355 - ORDINANCE # 35480 PASSED 7-0 27. Ord. .to accept the bid of Great Estates Lawn & Landscape for grounds maintenance of Cancer Survivor Park for a period of one year with an extension provision of two years; to authorize payment in accordance therewith; to authorize the Purchasing Agent to issue a purchasing order; and to provide for an effective date - see attached. ((PUBLIC HEARING HELD 1/30/01 - CAN BE PASSED TODAY)) Doc. # 356 - ORDINANCE # 35481 PASSED 7-0 - 8 - . 28. Ord. to accept the bid of Sharpe Enterprises for grounds maintenance for Sorensen Parkway Right-of-Way Mowing for a period of one year with an extension provision of one year; to authorize payment in accordance therewith; to authorize the Purchasing Agent to issue a purchasing order; and to provide for an effective date - see attached. ((PUBLIC HEARING HELD 1/30/01 - CAN BE PASSED TODAY)) Doc. # 357 - ORDINANCE # 35482 PASSED 7-0 29. Ord. to amend Ordinance No. 14303, Section 40-252 of the Omaha Municipal Code, by an addition thereto of a new Class "A" Flammable Liquids Storage District, to be known as District No. A-132; and to provide the effective date hereof. Quality-Hertz Equipment Company, 5604 Center Street - see attached. ((PUBLIC HEARING HELD 1/30/01 - CAN BE PASSED TODAY)) Doc. # 358 - ORDINANCE # 35483 PASSED 7-0 30. Ord. to waive the provisions of Omaha Municipal Code Section 15-2 prohibiting the sale of alcoholic liquor before 12:00 noon on Sunday; to authorize sale of beer, wine, and distilled spirits commencing at 7:00 a.m. at Leiserv, Inc., dba "Brunswick Mockingbird Lanes", 4870 South 96th Street, Omaha, Nebraska, on Sunday, February 18, 2001; and to provide an effective date immediately on passage - see attached. ((PUBLIC HEARING HELD 1/30/01 - CAN BE PASSED TODAY)) Doc. # 359 - ORDINANCE # 35484-A PASSED 7-0 WHENEVER ANY PERSON HAS BEEN INVITED TO SPEAK, OR HAS BEEN GRANTED THE OPPORTUNITY OF SPEAKING BEFORE THE COUNCIL DURING A HEARING, EACH PERSON WILL BE REQUESTED TO BE BRIEF,AND TO LIMIT HIS OR HER PRESENTATION TO TEN MINUTES. WHEN MORE THAN ONE PERSON WISHES TO ADDRESS THE COUNCIL ON A GIVEN QUESTION,THE PROPONENTS WILL BE GIVEN THE OPPORTUNITY OF FIRST ADDRESSING THE COUNCIL.THE OPPONENTS OF THE QUESTION WILL BE GIVEN THE OPPORTUNITY TO SPEAK AFTER THE PROPONENTS' PRESENTATION. THE PROPONENTS WILL BE GIVEN A BRIEF PERIOD FOR REBUTTAL OF ANY NEW MATERIAL INTRODUCED DURING THE OPPONENTS PRESENTATION,AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED. IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVE TWENTY MINUTES FOR THEIR PRESENTATION. COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING. ORDINANCES ON SECOND READING 31 . Ord. to amend Section 22-73 of the Omaha Municipal Code to revise the contributions by the City to the Retirement System to include amounts equal to 4.4% of total police and fire wages; to provide for supplemental pension benefits paid after the thirty-seventh month by the Retirement System; and to ,provide the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) Doc. # 360 - Over to 2/13/01 - 9 - 3y • 28. Ord. to accept the bid of Sharpe Enterprises for grounds maintenance for Sorensen Parkway Right-of-Way Mowing for a period of one year with an extension provision of one year; to authorize payment in accordance therewith; to authorize the Purchasing Agent to issue a purchasing order; and to provide for an effective date - see attached. ((PUBLIC HEARING HELD 1/30/01 - CAN BE PASSED TODAY)) Doc. # 357 - ORDINANCE # 35482 PASSED 7-0 29. Ord. to amend Ordinance No. 14303, Section 40-252 of the Omaha Municipal Code, by an addition thereto of a new Class "A" Flammable Liquids Storage District, to be known as District No. A-132; and to provide the effective date hereof. Quality-Hertz Equipment Company, 5604 Center Street - see attached. ((PUBLIC HEARING HELD 1/30/01 - CAN BE PASSED TODAY)) Doc. # 358 - ORDINANCE #35483 PASSED 7-0 30. Ord. to waive the provisions of Omaha Municipal Code Section 15-2 prohibiting the sale of alcoholic liquor before 12:00 noon on Sunday; to authorize sale of beer, wine, and distilled spirits commencing at 7:00 a.m. at Leiserv, Inc., dba "Brunswick Mockingbird Lanes", 4870 South 96th Street, Omaha, Nebraska, on Sunday, February 18, 2001; and to provide an effective date immediately on passage - see attached. ((PUBLIC HEARING HELD 1/30/01 - CAN BE PASSED TODAY)) Doc. # 359 - ORDINANCE # 35484 PASSED 7-0 WHENEVER ANY PERSON HAS BEEN INVITED TO SPEAK, OR HAS BEEN GRANTED THE OPPORTUNITY OF SPEAKING BEFORE THE COUNCIL DURING A HEARING,EACH PERSON WILL BE REQUESTED TO BE BRIEF, AND TO LIMIT HIS OR HER PRESENTATION TO TEN MINUTES.WHEN MORE THAN ONE PERSON WISHES TO ADDRESS THE COUNCIL ON A GIVEN QUESTION,THE PROPONENTS WILL BE GIVEN THE OPPORTUNITY OF FIRST ADDRESSING THE COUNCIL.THE OPPONENTS OF THE QUESTION WILL BE GIVEN THE OPPORTUNITY TO SPEAK AFTER THE PROPONENTS' PRESENTATION. THE PROPONENTS WILL BE GIVEN A BRIEF PERIOD FOR REBUTTAL OF ANY NEW MATERIAL INTRODUCED DURING THE OPPONENTS PRESENTATION,AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED. IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVE TWENTY MINUTES FOR THEIR PRESENTATION. COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING. ORDINANCES ON SECOND READING 31. Ord. to amend Section 22-73 of the Omaha Municipal Code to revise the contributions by the City to the Retirement System to include amounts equal to 4.4% of total police and fire wages; to provide for supplemental pension benefits paid after the thirty-seventh month by the Retirement System; and to provide the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) Doc. # 360 - Over to 2/13/01 - 9 - 32. Ord. to clarify the supplemental pension benefits provided to members of the police and fire and civilian employee retirement systems in order that the code provisions are in accord with provisions of the collective bargaining agreements; and to provide an effective date - see attached. ((PUBLIC HEARING TODAY)) Doc. # 361 - Over to 2/13/01 33. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning employment classifications by amending employment classifications entitled Associate Attorney, Attorney I, Attorney II, Attorney III and Attorney IV; to repeal Section 23-177 as heretofore existing and to provide the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) Doc. # 362 - Over to 2/13/01 34. Ord. to approve and ratify the procurement of insurance upon the property of the City of Omaha pursuant to the attached Agreement, through direct placement with brokers Aon Risk Services, Inc. and Davis Insurance Agency, Inc., involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; and to provide the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) Doc. # 363 - Over to 2/13/01 35. Ord. approving an Interlocal Cooperation Agreement amongst the County of Douglas (County), a Political Subdivision, the City of Omaha (City), a Municipal Corporation and a Political Subdivision, and the Omaha Douglas Public Building Commission (PBC), a Political Subdivision pursuant to the Interlocal Cooperation Act, Neb. Rev. Stat. §13-801 to §13-827 (R.R.S., Reissue 1997). The Agreement defines the responsibilities of the parties during the implementation of the Oracle Financial System - see attached. ((PUBLIC HEARING TODAY)) Doc. # 364 - Over to 2/13/01 (a) Amendment requested by Councilmember Herd. # 364 - Over to 2/13/01 36. Ord. to accept the bid of Sharpe Enterprises, Inc. for grounds maintenance of Package Two for a period of one year with an extension provision of two years; to authorize payment in accordance therewith; to authorize the Purchasing Agent to issue a purchasing order; and to provide an effective date - see attached. ((PUBLIC HEARING TODAY)) Doc. # 365 - Over to 2/13/01 - 10 - 37. Ord. to waive the fifteen (15) day appeal requirement in Section 43-38 of the Omaha Municipal Code for condemned property at 101.2 South 29th Street, owned by Tim Tvrdy, to permit a condemnation appeal at a hearing to be included on the next City Council Agenda immediately following the effective date of this Ordinance, and to provide the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) Doc. # 366 - Over to 2/13/01 38. Special Ord. levying a special tax assessment on all lots and pieces of real estate within Street Improvement District No. 6862 in the City of Omaha, to cover the cost of grading, curbing and paving Beverly drive from Farnam Drive to Howard Street - see attached. ((PUBLIC HEARING TODAY)) Doc. # 367 - Over to 2/13/01 39. Special Ord. 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. 2001-04 - see attached. ((PUBLIC HEARING TODAY)) Doc. # 368 - Over to 2/13/01 40. Special Ord. 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. 2001-05 - see attached. ((PUBLIC HEARING TODAY)) Doc. # 369 - Over to 2/13/01 (a) Communication from Ed Aldmeyer, Chief Field Inspector, Parks, Recreation and Public Property Department, re: special tax assessment on property located at 4112 North 33rd Street. # 369 - Over to 2/13/01 (b) Communication from Ed Aldmeyer, Chief Field Inspector, Parks, Recreation and Public Property Department, re: special assessment on property located at 3613 Mason Street. # 369 - Over to 2/13/01 41. Special Ord. 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. 2001-06 - see attached. ((PUBLIC HEARING TODAY)) Doc. # 370 - Over to 2/13/01 - 11 - • • ,1 PUBLIC OFFICIAL'S BOND 42. Public Official Bond for Robert G. Cunningham as a board member of the Transit Authority of the City of Omaha for a term commencing February 28, 2001 and expiring February 27, 2006 - see attached. ((MOTION NEEDED TO RECEIVE AND PLACE ON FILE)) Doc. # 371 - Motion to receive and place on file Carried 6-0 RESOLUTIONS ((MOTIONS ON RESOLUTIONS UNLESS OTHERWISE SPECIFIED SHOULD BE TO (ADOPT) OR(NOT ADOPT))) 43. Res. approving the contract with Daedalus' Construction Company, as recommended by the Mayor, for S.P. 00-23, being traffic calming at 11 h and Jackson Streets, 12th and Jackson Streets, and 33ra and Burt Streets, to be paid from the Street Improvement Organization 1444, Street and Highway Allocation Fund 103, Agency 140, year 2000 funding in the amount of $60,891.35 - over from 1/23/01 - see attached. ((PUBLIC HEARING HELD 1/23/01 - CAN BE ADOPTED TODAY)) Res. # 372 - Adopt based on the condition that the contract be approved by the Landmarks Preservation Commission 5-0 44. Res. that, in accordance with the Lottery Operator's Agreement between the City of Omaha and Big Red Lottery Services, Ltd., as amended, Big Red Lottery Services is granted approval to operate a satellite keno location at Phoenix Food & Spirits, 12015 Blondo Street, in Omaha, Nebraska - see attached. Res. # 373 - Adopt 5-0 45. Res. that the Program Agreement between the City of Omaha and the State of Nebraska Department of Road providing for the reconstruction of Blondo Street from 123rd Street to 134th Street is hereby approved; that, the Finance Department is authorized to pay the City's estimated $1,165,811.94 local share from the year 2001 Street & Highway Bond Organization 1509, Agency 140, Fund 344 - see attached. Res. # 374 - Adopt 5-0 - 12 - 46. Res. authorizing the Purchasing Agent to issue a purchase order to Olsen Dodge for the purchase of four compact cars and one set of parts/maintenance manuals to be utilized by the Construction Division in the amount of $51,207.00 to be paid from the Construction Organization 1407, Street and Highway Allocation Fund 103, Agency 140. Two of the cars and the manuals will be paid from 2000 funding; two cars will be paid from 2001 funding - see attached. Res. # 375 - Adopt 5-0 47. Res. that, as recommended by the Mayor, in consideration of the financial hardship experienced by Evelyn Ford, this Resolution whereby the City agrees to forgive the repayable loan balance in the approximate amount of $4,387.90, related to the rehabilitation of her property located at 2111 Pinkney Street, be and hereby is approved - see attached. Res. # 376 - Adopt 5-0 48. Res. that the Mayor is authorized to execute and the City Clerk to attest the attached Settlement Agreement between the City of Omaha and QLX Photoprocessing, Inc. to conclude the pending litigation in the case QLX Photoprocessing, Inc. v. City of Omaha, Doc. 1000 Page 545, in lawful manner and that after execution the Finance Department is authorized to issue such warrant as necessary, such funds to be paid from Street and Highway Bond Organization 1509, 1996 Street and Highway Bond #3 (2001 Funding), Agency 140, Fund 344 - see attached. Res. # 377 - Adopt 7-0 LIQUOR • 49. CLASS "C" - Dual Power Enterprises, Inc., dba "Scott's Restaurant", 8031 West Center Road. New application, old location. Present licensee is Scott's Restaurant, Inc., dba "Dugger's Restaurant & Cocktails", 8031 West Center 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. # 378 - Grant 7-0 50. CLASS "C" - Schmitt, Inc., dba "Our Place", 2216 South 16th Street. New application, old location. Present licensee is Trecek's, Inc., dba "Our Place", 2216 South 16th Street - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Res. #.379 - Grant 7-0 - 13 - "PURSUANT TO CITY COUNCIL RULE VII C, THE PUBLIC HEARINGS ON AGENDA ITEMS NO. 51 THROUGH 55 SHALL BE HELD ON THE SECOND READING" ORDINANCES ON FIRST READING 51. Ord. to amend Article 11 of Chapter 17 of the Omaha Municipal Code dealing with motor vehicle noise control by adding thereto a new section numbered 17-34 prohibiting the use of engine compression brakes on certain portions of the National System of Interstate and Defense Highways within the City of Omaha; to provide for a means of informing persons with signs indicating such prohibitions, and providing for the effective date hereof - see attached. Doc. # 380 Hearing 2/13/01 52. Ord. to approve an agreement between the City of Omaha and Computer Associates for CA-HRISMA Personnel/Payroll software license for a period of. three years; to authorize payment in accordance therewith; and to provide an effective date see attached. Doc. # 381 - Hearing 2/13/01 53. Ord. to accept the bid of Trugreen for grounds maintenance of the Dundee Business and Improvement District for a period of one year with an extension provision of one year; to authorize payment in accordance therewith; to authorize the Purchasing Agent to issue a purchasing order; and to provide an effective date - see attached. Doc. # 382 - Hearing 2/13/01 • 54. Ord. to accept the bid of Tree Barn for grounds maintenance of Package Five for a period of one year with an extension provision of one year; to authorize payment in accordance therewith; to authorize the Purchasing Agent to issue a purchasing order; and to provide an effective date - see attached. Doc. # 383 - Hearing 2/13/01 55. Ord. to amend certain portions of Special Levy Ordinance No. 9963 levying a special tax and assessment on all lots and pieces of real estate within Street Improvement District No. 6754 in Omaha by repealing the assessment on Lot 16, Jizba Addition, in the City of Omaha, Douglas County, Nebraska (5624 Ellison Avenue) - see attached. Doc. # 384 - Hearing 2/13/01 . - 14 - • • EXECUTIVE SESSION 56. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. Adjourn: 4:25 P.M. CITY CLERK REPORTS PLANS OF ASSESSMENT RECEIVED FOR BOARD OF EQUALIZATION MEETING TO BE HELD FEBRUARY 6, 2001 AT 1:00 O'CLOCK P.M. • This agenda, which shall be kept continually current, shall be available for public inspection in the Office of the City Clerk, Omaha-Douglas Civic Center, 1819 Farnam, LC 1, Omaha, NE, during normal business hours. All requests for sign language interpreters (signers) will require a minimum of 48 hours advance notice. Alternative formats require a minimum of 72 hours advance notice. Please contact Sandra L. Moses - 444-5552 if arrangements need to be made. Web Site: www.ci.omaha.ne.us - 15 - - SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR FEBRUARY 6, 2001 LEGISLATIVE CHAMBERS- 2:00 P.M. - PREPARED FEBRUARY 5, 2001 AT 1:30 P.M. ADDITIONAL RESOLUTION 57. Res. that the Subdivision Agreement among the City of Omaha, Sanitary and Improvement District 459 of Douglas County, Nebraska, Utopia, LLC, now known as Legacy Development LLC, the Legacy Homeowners Association, the Legacy Business Owners Association and the Legacy Townhome Association, as recommended by the Mayor, providing for the public improvements and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Legacy (Lots 2 through 95) and is located Southwest of 168th Street and West Center Road - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 335 - Adopt 7-0 This agenda, which shall be kept continually current, shall be available for public inspection in the Office of the City Clerk, Omaha-Douglas Civic Center, 1819 Farnam, LC 1, Omaha, NE, during normal business hours. All requests for sign language interpreters (signers) will require a minimum of 48 hours advance notice. Alternative formats require a minimum of 72 hours advance notice. Please contact Sandra L. Moses- 444-5552 if arrangements need to be made. • Web Site: www.ci.omaha.ne.us. - 16 - • • "CORRECTED" CITY COUNCIL AGENDA FOR FEBRUARY 13, 2001 LEGISLATIVE CHAMBERS - 2:00 P.M. ROLL CALL 1. City Clerk calls the roll. Doc. # 385 - Present: Monahan, Sivick, Brown, Herd, Koneck, Mr. President Absent: Kraft COUNCIL PRESIDENT KRAFT ENTERS THE LEGISLATIVE CHAMBERS AT 2:30 P.M. 2. Pledge of Allegiance. 3. Invocation by Councilmember Robert Sivick of District No. 3. CERTIFICATION OF PUBLICATION 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha on February 9, 2001, notice re: Pre-Council and Regular City Council Meetings, February 13, 2001. • Doc. # 386 - From Chair on File WHENEVER ANY PERSON HAS BEEN INVITED TO SPEAK,OR HAS BEEN GRANTED THE OPPORTUNITY OF SPEAKING BEFORE THE COUNCIL DURING A HEARING,EACH PERSON WILL BE REQUESTED TO BE BRIEF,AND TO LIMIT HIS OR HER PRESENTATION TO TEN MINUTES.WHEN MORE THAN ONE PERSON WISHES TO ADDRESS THE COUNCIL ON A GIVEN QUESTION,THE PROPONENTS WILL BE GIVEN THE OPPORTUNITY OF FIRST ADDRESSING THE COUNCIL. THE OPPONENTS OF THE QUESTION WILL BE GIVEN THE OPPORTUNITY TO SPEAK AFTER THE PROPONENTS' PRESENTATION. THE PROPONENTS WILL BE GIVEN A BRIEF PERIOD FOR REBUTTAL OF ANY NEW MATERIAL INTRODUCED DURING THE OPPONENTS PRESENTATION,AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED. IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVE TWENTY MINUTES FOR THEIR PRESENTATION. COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING. RESOLUTIONS RE: PRELIMINARY PLATS.,PLATS AND SUBDIVISION AGREEMENTS 5. Res. that the preliminary plat entitled SHADOW VIEW 2ND ADDITION located Southwest of 194th Street and Shadow Ridge Drive, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized - Outside City - see attached. ((PUBLIC HEARING TODAY - CAN.BE ADOPTED TODAY)) Res. # 387 - Adopt 6-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of SHADOW VIEW 2ND ADDITION located Southwest of 194th and Shadow Ridge Drive - Outside City - see attached. # 387 - From Chair on File "PURSUANT TO CITY COUNCIL RULE VII E, AGENDA ITEM NO. 6 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING" 6. Res. that the preliminary plat entitled TEAM ADDITION located Northwest of 48th and "J" Streets, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized - Inside City - see attached. Doc. # 389 - Over 2 wks. to 2/27/01 for publication and Public Hearing pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of, the Preliminary Plat of TEAM ADDITION located Northwest of 48th and "J" Streets - Inside City - see attached. # 389 - Over to 2/27/01 - 2 - "PURSUANT TO CITY COUNCIL RULE VII E, AGENDA ITEMS NO. 7 THROUGH 8 • SHALL BE LAID OVER FOR TWO WEEKS" 7. Res. that the plat entitled WEST DODGE PLACE located Northeast of 180th Street and West Dodge Road is hereby approved and accepted - Outside City - see attached. Doc. # 390 - Over 2 wks. to 2/27/01 pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of the Final Plat of WEST DODGE PLACE located Northeast of 180th Street and West Dodge Road - Outside City - see attached. # 390 - Over to 2/27/01 8. Res. that the Subdivision Agreement among the City of Omaha, Sanitary and Improvement District 462 of Douglas County, Nebraska, West Dodge Place, LLC and the West Dodge Place Landowners Association, as recommended by the Mayor, providing for the public improvements and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as West Dodge Place and is located Northeast of 180th Street and West Dodge Road. ((SEE FOLDERS)) Doc. # 391 - Over 2 wks. to 2/27/01 pursuant to City Council Rule VII E "PURSUANT TO CITY COUNCIL RULE VII E, AGENDA ITEMS NO. 9 THROUGH 16 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING" PLAT AND DEDICATIONS 9. Plat and Dedication of a 10 foot by 17+ foot piece of land located Southeast of 72nd Street and Ames Avenue - Inside City. Doc. # 392 - Over 2 wks. to 2/27/01 for publication and Public Hearing pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of the Plat and Dedication of a 10 foot by 17+ foot piece of land located southeast of 72nd Street and Ames Avenue - Inside City - see attached. # 392 - Over to 2/27/01 - 3- . r i • 10. Plat and Dedication of a 16 foot by 36 foot piece of land located Southeast of 72nd Street and Ames Avenue - Inside City. Doc. # 393 - Over 2 wks. to 2/27/01 for publication and Public Hearing pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of the Plat and Dedication of a 16 foot by 36 foot piece of land located Southeast of 72nd Street and Ames Avenue - Inside City - see • attached. # 393 - Over to 2/27/01 11. Plat and Dedication of a 17 foot by 32 foot piece of land located Southeast of 72"d Street and Ames Avenue - Inside City. Doc. # 394 - Over 2 wks. to 2/27/01 for publication and Public Hearing pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of the Plat and Dedication of a 17 foot by 32 foot piece of land located Southeast of 72nd Street and Ames Avenue - Inside City - see attached. # 394 - Over to 2/27/01 12. Plat and Dedication of a 17 foot by 97+ foot piece of land located Southeast of 72nd Street and Ames Avenue - Inside City. Doc. # 395 - Over 2 wks. to 2/27/01 for publication and Public Hearing pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of the Plat and Dedication of a 17 foot by 97+ foot piece of land located Southeast of 72nd Street and Ames Avenue - Inside City - see attached. # 395 - Over to 2/27/01 - 4 - • • 13. Plat and Dedication of an 18 foot by 30 foot piece of land located Southeast of 72nd Street and Ames Avenue - Inside City. . Doc. # 396 - Over 2 wks. to 2/27/01 for publication and Public Hearing pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of the Plat and Dedication of an 18 foot by 30 foot piece of land located Southeast of 72nd Street and Ames Avenue - Inside City - see attached. # 396 - Over to 2/27/01 14. Plat and Dedication of an 18 foot by 33+ foot piece of land located Southeast of 72nd Street and Ames Avenue - Inside City. Doc. # 397 - Over 2 wks. to 2/27/01 for publication and Public Hearing pursuant to City Council Rule VII E (a) Planning Board. and Planning Department recommend approval of the Plat and Dedication of an 18 foot by 33+ foot piece of land located Southeast of 72nd Street and Ames Avenue - Inside City - see attached. # 397 - Over to 2/27/01 15. Plat and Dedication of a 20 foot by 39+ foot piece of land located Southeast of 72nd Street and Ames Avenue - Inside City. Doc. # 398 - Over 2 wks. to 2/27/01 for publication and Public Hearing pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of the Plat and Dedication of a 20 foot by 39+ foot piece of land located Southeast of 72nd Street and Ames Avenue - Inside City - see attached. # 398 - Over to 2/27/01 - 5 - 16. Plat and Dedication of an irregular shaped parcel of land located Southeast of 72nd Street and Ames Avenue - Inside City. Doc. # 399 Over 2 wks. to 2/27/01 for publication and Public Hearing pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of the Plat and Dedication of an irregular shaped parcel of land located Southeast of 72nd Street and Ames Avenue - Inside City - see attached. # 399 - Over to 2/27/01 • * * * * * * * * * * * * *. * * * ORDINANCES ON FINAL READING 17. Ord. authorizing execution of an Interlocal Agreement with Douglas County to provide for the creation of a technology commission to provide information, voice and data communication services for city and county departments; to provide for the establishment of rules and regulations governing the operations of the commission; and providing the effective date hereof - over from 1/23/01 and continue the Public Hearing - see attached. ((PUBLIC HEARING CONTINUED TO TODAY - CAN BE PASSED TODAY)) Doc. # 400 - Ordinance read Doc. # 405 - Motion to lay over 1 wk. to 2/20/01 Carried 6-0-1 Pass Yeas: Sivick, Brown, Herd, Koneck, Lo, Kraft Pass: Monahan (a) Amendment requested by the Administration - see attached. # 400 - Read (a-1) Amendment "A-1" requested by Councilmember Koneck to Amendment "A". Doc. #401 - Read # 405 - Over to 2/20/01 (Continued to Next Page) - 6 - (a-2) Amendment "A-2" requested by Councilmember Koneck to Amendment "A". • Doc. # 402 - Read # 405 - Over to 2/20/01 (a-3) Amendment "A-3" requested by Councilmember Koneck to Amendment "A". Doc. # 403 - Read # 405 - Over to 2/20/01 (a-4) Amendment "A-4" requested by Councilmember Koneck to Amendment "A". Doc. # 404 - Read # 405 - Over to 2/20/01 (b) Document submitted by Joe Mangiamelli, Mayor's Office, re: Ordinance creating the information technology commission, etc. - over from 1/23/01 - see attached. # 400 - Read # 405 - Over to 2/20/01 (c) Communication from Walt Peffer, Jr., re: Interlocal Agreement with Douglas County to create an information services technology commission - over from 1/23/01 - see attached. # 400 - Read # 405 - Over to 2/20/01 (d) Communication from Julie M. Haney, Douglas County Treasurer, re: Douglas Omaha Technology Commission, etc. - over from 1/23/01 - see attached. # 400 - Read # 405 - Over to 2/20/01 • (e) Communication from Joe Mangiamelli, Mayor's Office, re: proposed ordinance authorizing the execution of an Interlocal Agreement with Douglas County to create a technology commission - over from 1/23/01 - see attached. # 400 - Read # 405 - Over to 2/20/01 - 7- (Continued from Previous Page) (f) Communication from Sharon Arnold, Council Staff Assistant, re: DOT.com Interlocal Agreement. #400 - Read # 405 - Over to 2/20/01 (g) Communication from Tom Doyle, Douglas County Engineer, re: DOT.com for County/City Departments. #400 - Read # 405 - Over to 2/20/01 (h) Document submitted ' by Joe Mangiamelli, Mayor's Office, re: proposed ordinance authorizing the execution of an Interlocal Agreement with Douglas County to create a. technology commission. # 400 - Read # 405 - Over to 2/20/01 18. Douglas County Board of Commissioners transmit their resolution re: Interlocal Agreement between Douglas County and the City of Omaha for the development of an information technology services commission, etc. - see attached. ((MOTION NEEDED TO RECEIVE AND PLACE ON FILE)) • Doc. #406 - Motion to receive and place on file Carried 7-0 19. Ord. proposing an amendment,to Article IV of the Home Rule Charter of the City of Omaha, 1956, as amended; to authorize the City to participate with one or more units of local government to create an information services technology commission; to provide for the submission of the proposed amendment to the qualified electors of the City of Omaha for their approval or rejection at the Special City Election to be held on May 15, 2001; and to provide for the effective date hereof - over from 1/23/01 and continue the Public Hearing - see attached. ((PUBLIC HEARING CONTINUED TO TODAY - CAN BE PASSED TODAY)) Doc. # 407 - Motion to lay over 1 wk. to 2/20/01 Carried 6-1 Yeas: Monahan, Sivick, Brown, Koneck, Lo, Kraft Nays: Herd - 8 - • 20. Ord. to amend Section 22-73 of the Omaha Municipal Code to revise the contributions by the City to the Retirement System to include amounts equal to 4.4% of total police and fire wages; to provide for supplemental pension benefits paid after the thirty-seventh month by the Retirement System; and to provide the effective date hereof- see attached. ((PUBLIC HEARING HELD 2/6/01 - CAN BE PASSED TODAY)) Doc. #408 - ORDINANCE # 35484 PASSED 7-0 21. Ord. to clarify the supplemental pension benefits provided to members of the police and fire and civilian employee retirement systems in order that the code provisions are in accord with provisions of the collective bargaining agreements; and to provide an effective date - see attached. ((PUBLIC HEARING HELD 2/6/01 - CAN BE PASSED TODAY)) Doc. #409 -ORDINANCE # 35485 PASSED 7-0 22. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning employment classifications by amending employment classifications entitled • Associate Attorney, Attorney I, Attorney II, Attorney Ill and Attorney IV; to repeal Section 23-177 as heretofore existing and to provide the effective date hereof - see attached. ((PUBLIC HEARING HELD 2/6/01 - CAN BE PASSED TODAY)) Doc. # 410 - Motion to lay over 1 wk. to 2/20/01 Carried 6-1 Yeas: Monahan, Sivick, Brown, Herd, Lo, Kraft Nays: Koneck (a) Document submitted by Sheri Cotton re: proposed ordinance amending employment classifications entitled Associate Attorney, Attorney I, Attorney II, Attorney III and Attorney IV. #410 - Over to 2/20/01 23. Ord. to approve and ratify the procurement of insurance upon the property of the City of Omaha pursuant to the attached Agreement, through direct placement with brokers Aon Risk Services, Inc. and Davis Insurance Agency, Inc., involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; and to provide the effective date hereof - see attached. ((PUBLIC HEARING HELD 2/6/01 - CAN BE PASSED TODAY)) Doc. #411 - ORDINANCE # 35486 PASSED 7-0 (a) Document submitted by the Finance Department re: Property Loss Run. #411 - From Chair on File - 9- • 24. Ord. approving an Interlocal Cooperation Agreement amongst the County of Douglas (County), a Political Subdivision, the City of Omaha (City), a Municipal Corporation and a Political Subdivision, and the Omaha Douglas Public Building Commission (PBC), a Political Subdivision pursuant to the Interlocal Cooperation Act, Neb. Rev. Stat. §13-801 to §13-827 (R.R.S., Reissue 1997). The Agreement defines the responsibilities of the parties during the implementation of the Oracle Financial System - see attached. ((PUBLIC HEARING HELD 2/6/01 - CAN BE PASSED TODAY)) Doc. #412 - Ordinance read Doc. #414 - ORDINANCE # 35487 PASSED AS AMENDED 7-0 (a) Amendment requested by Councilmember Herd - over from 2/6/01 - see attached. Doc. # 413 - Approve 7-0 (b) Communication from Rod Austin, Council Staff Assistant, re: proposed ordinance approving the Interlocal Cooperation Agreement with Douglas County and the Omaha- Douglas Public Building Commission - Oracle Financial System. #414 - From Chair on File 25. Ord. to accept the bid of Sharpe Enterprises, Inc. for grounds maintenance of Package Two for a period of one year with an extension provision of two years; to authorize payment in accordance therewith; to authorize the Purchasing Agent to issue a purchasing order; and to provide an effective date - see attached. ((PUBLIC HEARING HELD 2/6/01 - CAN BE PASSED TODAY)) Doc. #415 - ORDINANCE # 35488 PASSED 7-0 26. Ord. to waive the fifteen (15) day appeal requirement in Section 43-38 of the Omaha Municipal Code for condemned property at 1012 South 29th Street, owned by Tim Tvrdy, to permit a condemnation appeal at a hearing to be included on the next City Council Agenda immediately following the effective date of this Ordinance, and to provide the effective date hereof - see attached. ((PUBLIC HEARING HELD 2/6/01 - CAN BE PASSED TODAY)) Doc. #416 - ORDINANCE # 35489 PASSED 7-0 27. Special Ord. levying a special tax assessment on all lots and pieces of real estate within Street Improvement District No. 6862 in the City of Omaha, to cover the cost of grading, curbing and paving Beverly drive from Farnam Drive to Howard Street - see attached. ((PUBLIC HEARING HELD 2/6/01 - CAN BE PASSED TODAY)) Doc. #417 - SPECIAL ORDINANCE # 10001 PASSED 7-0 - 10 - • 28. Special Ord. 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. 2001-04 - see attached. ((PUBLIC HEARING HELD 2/6/01 - CAN BE PASSED TODAY)) Doc. #418 - Special Ordinance read Doc. #420 - SPECIAL ORDINANCE # 10002 PASSED AS AMENDED 7-0 (a) Amendment requested by the Parks, Recreation and Public Property Department. ((SEE FOLDERS)) Doc. #419 - Approve 7-0 (b) Communication from Ed Aldmeyer, Chief Field Inspector, Parks, Recreation and Public Property Department, re: special tax assessment on property located at 5717 North 24th Street. #420 - From Chair on File (c) Communication from Ed Aldmeyer, Chief Field Inspector, Parks, Recreation and Public Property Department, re: special tax assessment on property located at 2444 Hartman Avenue. #420 - From Chair on File 29. Special Ord. 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. 2001-05 - see attached. ((PUBLIC HEARING HELD 2/6/01 - CAN BE PASSED TODAY)) Doc. #421 - Special Ordinance read Doc. # 423 - SPECIAL ORDINANCE # 10003 PASSED AS AMENDED 7-0 (a) Amendment requested by the Parks, Recreation and Public Property Department. ((SEE FOLDERS)) Doc. #422 - Approve 7-0 (b) Communication from Ed Aldmeyer, Chief Field Inspector, Parks, Recreation and Public Property Department, re: special tax assessment on property located at 4112 North 33rd Street - over from 2/6/01 - see attached. #423 - From Chair on File - 11 - h (c) Communication from Ed Aldmeyer, Chief Field Inspector, Parks, Recreation and Public Property Department, re: special tax assessment on property located at 3613 Mason Street - over from 2/6/01 - see attached. # 423 - From Chair on File 30. Special Ord. 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. 2001-06 - see attached. ((PUBLIC HEARING HELD 2/6/01 - CAN BE PASSED TODAY)) Doc. #424 - Special Ordinance read Doc. #426 - SPECIAL ORDINANCE # 10004 PASSED AS AMENDED 7-0 (a) Amendment requested by the Parks, Recreation and Public Property Department. ((SEE FOLDERS)) Doc. #425 - Approve 7-0 WHENEVER ANY PERSON HAS BEEN INVITED TO SPEAK, OR HAS BEEN GRANTED THE OPPORTUNITY OF SPEAKING BEFORE THE COUNCIL DURING A HEARING,EACH PERSON WILL BE REQUESTED TO BE BRIEF,AND TO LIMIT HIS OR HER PRESENTATION TO TEN MINUTES.WHEN MORE THAN ONE PERSON WISHES TO ADDRESS THE COUNCIL ON A GIVEN QUESTION,THE PROPONENTS WILL BE GIVEN THE OPPORTUNITY OF FIRST ADDRESSING THE COUNCIL. THE OPPONENTS OF THE QUESTION WILL BE GIVEN THE OPPORTUNITY TO SPEAK AFTER THE PROPONENTS' PRESENTATION. THE PROPONENTS WILL BE GIVEN A BRIEF PERIOD FOR REBUTTAL OF ANY NEW MATERIAL INTRODUCED DURING THE OPPONENTS PRESENTATION,AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED. IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVE TWENTY MINUTES FOR THEIR PRESENTATION. COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING. ORDINANCES ON SECOND READING 31. Ord. to amend Article II of Chapter 17 of the Omaha Municipal Code dealing with motor vehicle noise control by adding thereto a new section numbered 17-34 prohibiting the use of engine compression brakes on certain portions of the National System of Interstate and Defense Highways within the City of Omaha; to provide for a means of informing persons with signs indicating such prohibitions, and providing for the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) Doc. #427 - Over to 2/20/01 32. Ord. to approve an agreement between the City of Omaha and Computer Associates for CA-HRISMA Personnel/Payroll software license for a period of three years; to authorize payment in accordance therewith; and to provide an effective date - see attached. ((PUBLIC HEARING TODAY)) Doc. #429 - Over to 2/20/01 - 12 - 33. Ord. to accept the bid of Trugreen for grounds maintenance of the Dundee Business and Improvement District for a period of one year with an extension provision of one year; to authorize payment in accordance therewith; to authorize the Purchasing Agent to issue a purchasing order; and to provide an effective date - see attached. ((PUBLIC HEARING TODAY)) Doc. # 430 - Over to 2/20/01 34. Ord. to accept the bid of Tree Barn for grounds maintenance of Package Five for a period of one year with an extension provision of one year; to authorize payment in accordance therewith; to authorize the Purchasing Agent to issue a purchasing order; and to provide an effective date - see attached. ((PUBLIC HEARING TODAY)) Doc. # 431 - Over to 2/20/01 35. Ord. to amend certain portions of Special Levy Ordinance No. 9963 levying a special tax and assessment on all lots and pieces of real estate within Street Improvement District No. 6754 in Omaha by repealing the assessment on Lot 16, Jizba Addition, in the City of Omaha, Douglas County, Nebraska (5624 Ellison Avenue) - see attached. ((PUBLIC HEARING TODAY)) • Doc. # 432 - Over to 2/20/01 (a) Amendment of the Whole requested by the Public Works Department - see attached. # 432 - Over to 2/20/01 (b) Communication from Rod Austin, Council Staff Assistant, re: special tax assessment on property located at 5624 Ellison Avenue. # 432 - Over to 2/20/01 - 13 - PURSUANT TO CITY COUNCIL RULE VII E, . AGENDA ITEMS NO. 36 THROUGH 38 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING" SPECIAL USE PERMITS - BROADCAST TOWERS 36. Res. that the Special Use Permit application submitted by Qwest Wireless for permission to allow a Broadcast Tower with a waiver of height in an R5-Urban Family Residential District, located at 4032 Harrison Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code - see attached. Doc. # 433 - Over 2 wks. to 2/27/01 for publication and Public Hearing pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of the request of Qwest Wireless for a Special Use Permit to allow a Broadcast Tower with a waiver of height in an R5 District located at 4032 Harrison Street - see attached. # 433 - Over to 2/27/01 • 37. Res. that the Special Use Permit application submitted by Qwest Wireless for permission to allow a Broadcast Tower in a CC-Community Commercial District, located at 11955 Pacific Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code - see attached. Doc. # 434 - Over 2 wks. to 2/27/01 for publication and Public Hearing pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of the request of Qwest Wireless for a Special Use Permit to allow a Broadcast Tower in a CC District located at 11955 Pacific Street - see attached. #434 - Over to 2/27/01 - 14 - 38. Res. that the Special Use Permit and lease of right-of-way applications submitted by Qwest Wireless for permission to allow a Broadcast Tower in the right-of-way located at 156th Street and West Dodge Road, Omaha, Nebraska, are hereby approved and are authorized to be issued or executed by the appropriate City officials, provided the conditions set out in Exhibit "A" of the above referenced applications, 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 and lease have been reviewed and evaluated pursuant to, and meet each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code; and that the duration of the lease shall be 1 year- see attached. Doc. # 435 - Over 2 wks. to 2/27/01 for publication and Public Hearing pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of the request of Qwest Wireless for a Special Use Permit and lease of right-of-way to allow a Broadcast Tower in the right-of-way located at 156th Street and West Dodge Road - see attached. # 435 - Over to 2/27/01 RESOLUTIONS ((MOTIONS ON RESOLUTIONS UNLESS OTHERWISE SPECIFIED SHOULD BE TO (ADOPT) OR (NOT ADOPT) )) 39. Res. that the Mayor and City Clerk are hereby authorized to execute and attest, respectively, the agreements between the City of Omaha and the five (5) disinterested freeholders, Thomas E. Stevens, William L. Otis, H. James Grove, Dale L. Evans and Paul F. Keller, which contain provisions relative to appraising possible grade damages arising in street improvement districts and street improvement projects during construction year 2001 - see attached. Res. # 436 - Adopt 5-0 40. Res. authorizing the Purchasing Agent to issue a purchase order to Cornhusker International for the purchase of a 34,000 GVW truck chassis and cab to be utilized by the Sewer Maintenance Division in the amount of $47,466.45 to be paid from the Sewer Maintenance Organization 1461, Sewer Revenue Fund 541, Agency 140, year 2000 funding - see attached. Res. #437 - Adopt 5-0 - 15 - 41. Res. that the Finance Department is hereby authorized to issue a Purchase Order to the Metropolitan Utilities District for water line and gas main work in Webster Street between 13th Street and 14th Street for the Convention Center/Arena Project in the amount of $216,000.00. The Finance Department is authorized to pay the cost of the Purchase Order to the Metropolitan Utilities District for water line and gas main work in Webster Street between 13th Street and 14th Street for the Convention Center/Arena Project in the amount of $216,000.00 from the Convention Center/Arena Project Organization 1196, Fund 360, Agency 195, Activity 5559, Year 2001 funding - see attached. Res. #438 - Adopt 5-0 (a) Communication from Jeffery W. Schovanec, Relocations Engineer, Metropolitan Utilities District, re: Reimbursable water and gas main relocations in Webster Street between 13th and 14th Streets. # 438 - From Chair on File 42. Res. that the Mayor and City Clerk be authorized to execute the Agreement with the firm of Lamp Rynearson and Associates for professional services for the preparation of working drawings and specifications and construction observation services for the construction of required improvements at Rosenblatt Stadium for • the 2002 College World Series, in a total amount not to exceed $391,635.00. The Finance Department is authorized to pay the cost of these professional services from the Rosenblatt Stadium Expansion Account Number 307, Agency 120, Organization 1290 - see attached. Res. # 439 - Adopt 5-0 43. Res. that, as recommended by the Mayor, AGA Consulting Inc. will provide professional engineering services relating to the evaluation of five city-owned parking garages, and the attached Agreement, which is incorporated herein by this reference, is hereby approved. Funds not to exceed $49,700.00 shall be paid from the year 2001 Parking Facilities Fund 515, Agency 120, Organization 2050 - see attached. Res. # 440 - Adopt 5-0 44. Res. that the acquisition of Lot 295 of the Briar Hills Subdivision by Sanitary and Improvement District 420 of Douglas County, Nebraska, for a public park, is hereby approved and that the total cost of $74,520.50, including closing .costs, shall become a general obligation of the District - see attached. Res. # 441 - Adopt 5-0 - 16 - 45. Res. that, as recommended by the Mayor, between 11:00 p.m. on June 30, 2001 and 5:00 a.m. on July 1, 2001, and on that date only, the park closing hours shall be suspended in Levi Carter Park to accommodate an event of the Iowa Catfish Drifters, Inc. - see attached. Res. # 442 -Adopt 5-0 46. Res. that the bid of Olsen Dodge for the vehicle price of $20,591.00 for the Administrative Services Department, respectively, is approved. That the Purchasing Agent is authorized to issue a purchase order to Olsen Dodge in the total amount of $20,591.00 for one 3/4 ton pickup truck 4 x 4 with no box unit with the cost being paid from the Administrative Services Department Fund 603, Agency 100, Organization 1009, Object 4800, year 2001 funding - see attached. Res. #443 - Adopt 5-0 47. Res. that the nomination and reappointment by Councilmember Marc Kraft of Timothy G. Potter as an at-large member of the Civil Rights Hearing Board from Council District Seven, to serve a term commencing upon this confirmation and expiring three years thereafter, be and hereby is confirmed and approved - see attached. Res. # 444 - Adopt 5-0 48. Res. that the reappointment of John B. (Brad) Ashford to continue to serve as a Commissioner of the Omaha Housing Authority in accordance with the terms and conditions of the laws of the State of Nebraska and the City of Omaha, for a term commencing on the date of confirmation by the City Council and expiring five years thereafter is hereby confirmed; and this Resolution as filed with the City Clerk shall certify and be conclusive evidence to the due and proper appointment of such Commissioner - see attached. Res. # 445 - Adopt 5-0 49. Res. that the reappointment of Antonya M. Hoffman to continue to serve as a Commissioner of the Omaha Housing Authority in accordance with the terms and conditions of the laws of the State of Nebraska and the City of Omaha, for a term commencing on the date of confirmation by the City Council and expiring five years thereafter is hereby confirmed; and this Resolution as filed with the City Clerk shall certify and be conclusive evidence to the due and proper appointment of such Commissioner - see attached. Res. #446 - Adopt 5-0 - 17 - 50. Res. that the City Council believes the City should comply with the letter and the spirit of the Consent Decree and criterion established by the Commission on Accreditation of Law Enforcement Agencies, Inc. and does by.this Resolution encourage the City Administration, including the Police and Personnel Departments, to demonstrate more tangible results in the hiring and promotion of Latinos; and that the City Administration, including the Police and Personnel Departments, reexamine, renew and demonstrate its commitment to comply with the goals established in the referenced documents. ((SEE FOLDERS)) Res. #428 - Adopt 7-0 (a) Communication from Michele Frost, Personnel Director & Fredricka Minton, Personnel Technician II, Personnel Department, re: Latino's Peace Officer Consent Decree. #428 - From Chair on File 51. Res. expressing the City Council's desire that the grade separated expressway lanes for West Dodge Road from 1-680 to 134th Street be reconfigured with an at- grade design which would be consistent with the expressed preference of area businesses for such at-grade roadway design at 114th and West Dodge Road - see attached. Res. # 388 - Adopt 5-2 Yeas: Monahan, Sivick, Brown, Herd, Koneck Nays: Lo, Kraft (a) Communication from Ed Elstun, 9817 Bloomfield Drive, in support of the resolution proposing an at-grade roadway design at 114th and West Dodge Road. • # 388 - From Chair. on File (b) Communication from Paul and Janie Sharrar, 116th & Douglas Streets, in support of the resolution proposing an at-grade roadway design at 114th and,West Dodge Road. # 388 - From Chair on File (c) Document submitted by Councilmember Monahan, re: West Dodge Road Elevated Expressway. # 388- From Chair on File (d) Document submitted by Martin H. Shukert, AICP, RDG Crose Gardner Shukert, re: West Dodge Road Expressway. # 388 - From Chair on File - 18 - (Continued from Previous Page) (e) Document submitted by Don Elliott, Director, Public Works Department, re: West Dodge Road Expressway. # 388 - From Chair on File (f) Communication from Patty Ferguson, 777 North 114th Street, re: West Dodge Road Expressway. # 388 - From Chair on File LIQUOR 52. B.D.B. Company, dba "California Taco", 3235 California Street, requests permission for an addition to their present Class "I" Liquor License of an area 20' x 50' to the south. Property posted: 1/24/01. Notified: 2/05/01 - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. #447 - Approve 5-0 (a) Communication from Chris Foster, President, Gifford Park Neighborhood Association, in support of the application for an addition to the Class "I" Liquor License of B.D.B. Company, dba "California Taco", 3235 California Street. # 447 - From Chair on File 53. Big Jim's I, Inc., dba "Big Jim's", 3020 Ames Avenue, requests permission for reconstruction of a one story building measuring 40' x 80' for their present Off Sale Beer & Class "K" Liquor License. Property posted: 1/31/01. Notified: 2/5/01 - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 448 - Read Doc. # 450 - Approve as Amended 5-0 (a) Communication from Eric Whitner, Attorney, representing Big Jim's I, Inc., dba "Big Jim's", 3020 Ames Avenue, requesting an amendment to change the corporate name, trade name and address, Doc. # 449 Approve 5-0 - 19 - 54. NLCC notifies that Busters Route 66, Inc., dba `Busters Route 66 Bar & Grill", 2233-35 South 20th Street, has elected payment of fine in lieu of closing. ((MOTION NEEDED TO RECEIVE AND PLACE ON FILE)) Doc. # 451 - Motion to receive and place on file Carried 6-0 • "PURSUANT TO CITY COUNCIL RULE VII D, THE PUBLIC HEARINGS ON AGENDA ITEMS NO. 55 THROUGH 56 SHALL BE HELD ON THE THIRD READING" ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 55. Ord. to rezone property located at 13232 Blondo Street from DR-Development Reserve District to R6-Low-Density Multiple Family Residential District. Doc. # 452 - Hearing 2/27/01 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 13232 Blondo Street from DR to R6 - see attached. # 452 - Over to 2/27/01 • 56. Ord. to rezone property located Northeast of 180th Street and West Dodge Road from AG-Agricultural District to MU-Mixed Use District. Doc. # 453 - Hearing 2/27/01 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Northeast of 180th Street and West Dodge Road from AG to MU - see attached. # 453 - Over to 2/27/01 20 - "PURSUANT TO CITY COUNCIL RULE VII C, THE PUBLIC HEARINGS ON AGENDA ITEMS NO. 57 THROUGH 67 SHALL BE HELD ON THE SECOND READING" ORDINANCE ON FIRST READING and Planning Board Attachment 57. Ord. to approve an amendment to the Parks and Recreation Element of the City of Omaha's Master Plan by adding a supplemental document, "Omaha Suburban Park System" - see attached. Doc. # 454 - Hearing 2/20/01 (a) Planning Board and Planning Department recommend approval of an amendment to the Parks and Recreation Element of the City of Omaha's Master Plan - see attached. # 454 - Over to 2/20/01 ORDINANCES ON FIRST READING 58. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning employment classification by amending the pay level of City Lobbyist; to repeal Section 23-177 as heretofore existing; and to provide an effective date of January 1, 2001 - see attached. Doc. # 455 - Hearing 2/20/01 59. Ord. to amend Section 36-235 of the Omaha Municipal Code, by providing for the waiver of the city vehicle impound lot administrative fee and three days of daily storage fees, for recovered stolen vehicles; to repeal Section 36-325 as heretofore existing; and to provide the effective date thereof. ((SEE FOLDERS)) Doc. # 456 - Hearing 2/20/01 60. Ord. to accept the bid of Tree Barn for grounds maintenance of Package One for a period of one year with a provision of two one-year extensions; to authorize payment in accordance therewith; to authorize the Purchasing Agent to issue a purchasing order; and to provide an effective date - see attached. Doc. # 457 - Hearing 2/20/01 21 - > Y 61. Ord. to accept the bid of Tree Barn for grounds maintenance of Package Three for a period of one year with an extension provision of two one-year extensions; to authorize payment in accordance therewith; to authorize the Purchasing Agent to issue a purchasing order; and to provide an effective date - see attached. Doc. # 458 - Hearing 2/20/01 62. Ord. to accept the bid of Blade Masters Lawn for grounds maintenance of One Pacific Place for a period of one year with a provision for two one-year extensions; to authorize payment in accordance therewith; to authorize the Purchasing Agent to issue a ,purchasing order; and to provide an effective date - see attached. Doc. #459 - Hearing 2/20/01 63. Ord. to accept the bid of Sharpe Enterprises, Inc. for.North Freeway Right of Way Maintenance for a period of one year with an extension provision.of one year ; to authorize payment in accordance therewith; to authorize the Purchasing Agent to issue a purchasing order; and to provide an effective date - see attached. Doc. #460 - Hearing 2/20/01 64. Ord. to accept the bid of Sharpe Enterprises, Inc. for grounds maintenance of the Storz Expressway for a period of one year with an extension provision of one year; to authorize payment in accordance therewith; to authorize the Purchasing Agent to issue a purchasing order; and to provide an effective date - see attached. Doc. # 461 - Hearing 2/20/01 65. Ord. to accept the bid of Alford Tire Company for flat tire repairs for a twelve month period, extendible on a month to month basis for two additional one year periods at the City's sole option; to authorize the Purchasing Agent to issue a purchase order therefor; and to provide an effective date - see attached. Doc. # 462 - Hearing 2/20/01 66. Ord. to accept the bid of Bil-Den Glass, Inc.; to approve a purchase order with such entity for the provision of glass repair and replacement at various City of Omaha locations; to authorize the Finance Department to make payments to Bil- Den Glass, Inc. for the cost of such services in accordance with such purchase order; and, to provide an effective date - see attached. Doc. # 463 - Hearing 2/20/01 - 22 - r • ' 67. Ord. to accept the bid of Husker Door; to approve a purchase order with such entity for the provision of overhead door repair at various City of Omaha locations; to authorize the Finance Department to make payments to Husker Door for the cost of such services in accordance with such purchase order; and, to provide an effective date - see attached. Doc. # 464 - Hearing 2/20/01 68. Ord. to approve the Mixed Use District Development Agreement for property located Northeast of 180th Street and West Dodge Road (West Dodge Place) between the City of Omaha and West Dodge Place, L.L.C., providing site development and use standards; and to provide for an effective date - see attached. ((MOTION NEEDED TO SET THE SECOND READING ON 2/20/01 AND THIRD READING AND PUBLIC HEARING ON 2/27/01 TO COINCIDE WITH THE REZONING)) Doc. # 465 - Motion to set the second reading on 2/20/01 and third reading and Public Hearing on 2/27/01 to coincide with the rezoning Carried 6-0 CHAIRMAN OF THE BOARD OF EQUALIZATION 69. Chairman of the Board of Equalization reports approval of plans of assessment with adjustments, made at the regular meeting held February 6, 2001. ((MOTION NEEDED TO APPROVE)) Doc. # 466 - Motion to approve Carried 6-0 - 23 - EXECUTIVE SESSION 70. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. Adjourn: 5:45 P.M. This agenda, which shall be kept continually current, shall be available for public inspection in the Office of the City Clerk, Omaha-Douglas Civic Center, 1819 Farnam, LC 1, Omaha, NE, during normal business hours. All requests for sign language interpreters (signers) will require a minimum of 48 hours advance notice. Alternative formats require a minimum of 72 hours advance notice. Please contact Sandra L. Moses - 444-5552 if arrangements need to be made. Web Site: www.ci.omaha.ne.us - 24 -