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2002-09-10j "CORRECTED" CITY COUNCIL AGENDA FOR SEPTEMBER 10, 2002 LEGISLATIVE CHAMBERS -2:00 P.M. ROLL CALL 1. City Clerk calls the roll. Doc. # 1982 - Present: Brown, Gernandt, Kraft, Thompson, Vokal, Welch, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Garry Gernandt of District No. 4. CERTIFICATION OF PUBLICATION 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of.Omaha on September 6, 2002, notice re: Pre-Council and Regular City Council Meetings, September 10, 2002. Doc. # 1983 - 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 OPPONENT'S 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. INTRODUCTION 5. Introduction - Russian Political Leaders - Open World Program. • BUDGET RESOLUTIONS FOR YEAR 2003 ((PUBLIC HEARING ON THE BUDGET WAS HELD AUGUST 13, 2002)) 6. Res. that the Recommended 2003 Budget be revised by decreasing the Revenue Estimates - Tangible Taxes - Current Year to reflect the actual certified valuations by $609,831 and reducing General Fund appropriations to reflect the elimination of the GIS funding in the Public Works Department Design Division $150,000, the reduction in the Public Works Department Solid Waste Division pickup contract $64,000 and the payment to the Compost Fund $76,800, Street and Traffic Electrical Service Division account by $200,000, the elimination of one Semi-skilled Laborer in the Parks, Recreation and Public Property Department - Stadium Division $37,390, increase attrition in the Police Department - Civilian $75,543 and reducing Other Budgetary Accounts City Treasurer $6,098. Reducing Street & Highway Fund appropriations to reflect reductions in the Residential Street Rehabilitation and Surface Restoration Division And Bridge Maintenance and Rehabilitation Division by $100,000 each and increasing the appropriation Street and Traffic Electrical Service Division . account by $200,000 - see attached. ((MOTION NEEDED TO ADOPT OR NOT ADOPT)) Res. # 1984 - Adopt 7-0 (a) Document submitted by Lou Andersen, Assistant to City Council, re: 2003 Budget Resolutions. # 1984 - From Chair on File 7. Res. that the Recommended 2003 Budget be revised by decreasing the General Fund Revenue Estimates - Property Tax Levy by 1 Y2 cent $2,790,156 and increasing the Revenue Estimates - Sales and Use Tax $400,000, Telephone Occupation Tax $150,000, HazMat Billing Fee $30,000, and Rescue Squad Fees $150,000 and reducing General Fund appropriations to reflect the reduction of the 2003 civilian employees wage increase across various departments $1,499,257, reduction to Street and Traffic Electrical Service street lighting $435,211, reducing Household Hazardous Waste Facility capital $157,500 and increasing Other Budgetary Accounts Contingency account $31,812. That the Recommended 2003 Budget be revised by increasing the Street & Highway Allocation $40,000 and by reducing the Street & Highway Allocation Fund appropriations to reflect the reduction of the 2003 civilian employees wage increases across various departments $395,211 and by increasing Street and Traffic Electrical Service street lighting $435,211. That the Recommended 2003 Budget be revised by increasing the available fund balance in the Tennis Revenue Fund by $2,333 and by reducing Tennis Revenue Fund appropriations to reflect the reduction of the 2003 civilian employees wage increases in the Parks, Recreation & Public Property Department, Tennis Division by $2,333. That the Recommended 2003 Budget be revised by increasing the available fund balance in the Dodge Park Marina Revenue Fund by $1,330 and by reducing the - 2 - ,+ , Dodge Park Marina Revenue Fund appropriations to reflect the reduction of the 2003 civilian employees wage increases in the Parks, Recreation & Public Property Department, Dodge Park Marina Division by $1,330. That the Recommended 2003 Budget be revised by increasing the available fund balance in the Golf Revenue Fund by $50,590 and by reducing Golf Revenue Fund appropriations to reflect the reduction of the 2003 civilian employees wage increases in the Parks, Recreation & Public Property Department, Golf Division by $50,590. That the Recommended 2003 Budget be revised by increasing the available fund balance in the Parking Facilities Revenue Fund by $2,625 and by reducing Parking Facilities Revenue Fund appropriations to reflect the reduction of the 2003 civilian employees wage increases in the Parks, Recreation & Public Property Department, Parking Facilities Division by $2,625. That the Recommended 2003 Budget be revised by increasing the available fund balance in the Sewer Revenue Fund by $315,589 and by reducing Sewer Revenue Fund appropriations to reflect the reduction of the 2003 civilian employees wage increases across various departments by $315,589. That the Recommended 2003 Budget be revised by increasing the available fund balance in the Air Quality Revenue Fund by $9,542 and by reducing Air Quality Revenue Fund appropriations to reflect the reduction of the 2003 civilian employees wage increases in the Public Works Department, Air Quality Division by $9,542. That - the Recommended 2003 Budget be revised by increasing the available fund balance in the Compost Revenue Fund by $7,986 and by reducing Compost Revenue Fund appropriations to reflect the reduction of the 2003 civilian employees wage increases in the Public Works Department, Compost Operations Division by $7,986. That the Recommended 2003 Budget be revised by increasing the available fund balance in the Household Hazardous Waste Revenue Fund by $4,431 and by reducing Household Hazardous Waste Revenue Fund appropriations to reflect the reduction of the 2003 civilian employees wage increases in the Public Works Department, Household Hazardous Waste Division by $4,431. That the Recommended 2003 Budget be revised by increasing the available fund balance in the Printing and Graphics Revenue Fund by $996 and by reducing Printing and Graphics Revenue Fund appropriations to reflect the reduction of the 2003 civilian employees wage increases in the Printing & Graphics Division. - see attached. ((MOTION NEEDED TO ADOPT OR NOT ADOPT)) Doc. # 1985 -Motion by Vokal to Adopt 2nd by Welch. Doc. # 1987 - Motion by Kraft to delete the $400,000 in Sales and Use Tax Revenue 2nd by Mr. Brown LOST 2-5 Yeas: Brown, Kraft Nays: Gernandt, Thompson, Vokal, Welch, Sigerson Res. # 1988 - Original Motion by Vokal to Adopt 2nd by Welch Carried 6-1 Yeas: Brown, Gernandt, Kraft, Thompson, Welch, Sigerson Nay: Vokal (a) Amendment requested by Councilmember Brown - see attached. Doc. # 1986 - Motion by Brown to Approve LOST for lack of a2nd - 3 • - (b) Res. that the Recommended 2003 Budget be revised by decreasing the General Fund Revenue Estimates - Property Tax Levy by 11/2 cent $2,790,156 and increasing the Revenue Estimates - Sales and Use Tax $400,000, Telephone Occupation Tax $150,000, HazMat Billing Fee $30,000, and Rescue Squad Fees $150,000 and reducing General Fund appropriations to reflect the reduction of the 2003 civilian employees wage increase across various departments $1,499,257, elimination of an Automotive Equipment Operator I - Parks Division $38,035, the reduction of the Fire Department - Fire Management salaries to reflect contract changes $69,859, reduction to Street and Traffic Electrical Service street lighting $435,211, Other Budgetary Accounts reduction to the Contingency Account $61,892, City Treasurer $27,902 and by increasing appropriations to the Other Budgetary Accounts General Expense court fees $72,000. That the Recommended 2003 Budget be revised by increasing the Street & Highway Allocation $40,000 and by reducing the Street & Highway Allocation Fund appropriations to reflect the reduction of the 2003 civilian employees wage increases across various departments $395,211 and by increasing Street and Traffic Electrical Service street lighting $435,211. That the Recommended 2003 Budget be revised by increasing the available fund balance in the Tennis Revenue Fund by $2,333 and by reducing Tennis Revenue Fund appropriations to reflect the reduction of the 2003 civilian employees wage increases in the Parks, Recreation & Public Property Department, Tennis Division by $2,333. That the Recommended 2003 Budget be revised by increasing the available fund balance in the Dodge Park Marina Revenue Fund by $1,330 and by reducing the Dodge Park Marina Revenue Fund appropriations to reflect the reduction of the 2003 civilian employees wage increases in the Parks, Recreation & Public Property Department, Dodge Park Marina Division by $1,330. That the Recommended 2003 Budget be revised by increasing the available fund balance in the Golf Revenue Fund by $50,590 and by reducing Golf Revenue Fund appropriations to reflect the reduction of the 2003 civilian employees wage increases in the Parks, Recreation & Public Property Department, Golf Division by $50,590. That the Recommended 2003 Budget be revised by increasing the available fund balance in the Parking Facilities Revenue Fund by $2,625 and by reducing Parking Facilities Revenue Fund 'appropriations to reflect the reduction of the 2003 civilian employees wage increases in the Parks, Recreation & Public Property Department, Parking Facilities Division by $2,625. That the Recommended 2003 Budget be revised by increasing the available fund balance in the Sewer Revenue Fund by $315,589 and by reducing Sewer Revenue Fund appropriations to reflect the reduction of the 2003 civilian employees wage increases across various departments by $315,589. That the Recommended 2003 Budget be revised by -4 - ti 9 1 increasing the available fund balance in the Air Quality Revenue Fund by $9,542 and by reducing Air Quality Revenue Fund appropriations to reflect the reduction of the 2003 civilian employees wage increases in the Public Works Department, Air Quality Division by $9,542. That the Recommended 2003 Budget be revised by increasing the available fund balance in the Compost Revenue Fund by $7,986 and by reducing Compost Revenue Fund appropriations to reflect the reduction of the 2003 civilian employees wage increases in the Public Works Department, Compost Operations Division by $7,986. That the Recommended 2003 Budget be revised by increasing the available fund balance in the Household Hazardous Waste Revenue Fund by $4,431 and by reducing Household Hazardous Waste Revenue Fund appropriations to reflect the reduction of the 2003 civilian employees wage increases in the Public Works Department, Household Hazardous Waste Division by $4,431. That the Recommended 2003 Budget be revised by increasing the available fund balance in the Printing and Graphics Revenue Fund by $996 and by reducing Printing and Graphics Revenue Fund appropriations to reflect the reduction of the 2003 civilian employees wage increases in the Finance Department, Printing and Graphics Division - see attached. ((MOTION NEEDED TO . ADOPT OR NOT ADOPT)) Doc. # 1985 - Read Doc. # 1988 - From Chair on File 8. Res. that the Recommended 2003 Budget be revised by decreasing General Fund appropriations to the Fire Department Non-Personal Services (2% reduction to all outside services line items) $43,268, Public Works Department Street and Traffic Electrical Service Division Non-Personal Services (street lighting) $172,375 and increasing the General Fund appropriation to the Planning Department Housing & Community Development Division Personal Services (add one Housing Inspector) by $45,940 and the Parks, Recreation and Public Property Department Parks Division Personal Services (add four AEO l's to Weed and Litter Code Enforcement) $169,703 - see attached. ((MOTION NEEDED TO ADOPT OR NOT ADOPT)) Res. # 1989 - Adopt 6-1 Yeas: Brown, Gernandt, Kraft, Thompson, Vokal, Sigerson Nay: Welch - 5- ' t ii 9. Res. that the Recommended 2003 Budget be revised by decreasing the General Fund Revenue Estimates — Sun Dawg Program in the amount of $26,000 and increasing the appropriations in the General Fund Parks, Recreation and. Public Property Department, Recreation Division Personal Services Account in the amount of $26,000 to expand the Sun Dawg Program - see attached. ((MOTION NEEDED TO ADOPT OR NOT ADOPT)) Res. # 1990 - Adopt 6-1 Yeas: Gernandt, Kraft, Thompson, Vokal, Welch, Sigerson Nay: Brown 10. Res. that the Recommended 2003 Budget be revised by increasing the General Fund Contingency Reserve Account $35,983 and reducing the appropriations in the General Fund Police Department, Police Operations Division Account in the amount of $35,983 by deleting the Police Mounted Patrol Program - see . attached. ((MOTION NEEDED TO ADOPT OR NOT ADOPT)) Doc. # 1991 - Motion by Mr. Gernandt to Adopt 2nd by Brown LOST 2-5 Yeas: Brown Gernandt Nays: Kraft, Thompson, Vokal, Welch, Sigerson (a) Communication from Chief Don Carey, Police Department, re: Omaha Police Department 2003 Budget Resolutions. # 1991 - From Chair on File 11. Res. that the Recommended 2003 Budget be revised by decreasing the General Fund Revenue Estimates - Tangible Taxes - Current Year in the amount of $125,000 and reducing the appropriations in the General Fund Other Budgetary Accounts Community Service Programs Account in the amount of $125,000 by deleting the Target Omaha Program - see attached. ((MOTION NEEDED TO ADOPT OR NOT ADOPT)) Doc. # 1992 - Motion by Brown to Adopt LOST for lack of a 2nd 12. Res. that the Recommended 2003 Budget be revised by decreasing the General Fund Revenue Estimates - Tangible Taxes — Current Year in the amount of $48,000 and reducing the appropriations in the General Fund Other Budgetary Accounts in the amount of $48,000 by deleting the League of Nebraska Municipalities dues - see attached. ((MOTION NEEDED TO ADOPT OR NOT ADOPT)) Doc. # 1993 - Motion by Brown to Adopt 2nd by Thompson LOST 3-4 Yeas: Brown, Thompson, Vokal Nays: Gernandt, Kraft, Welch, Sigerson - 6 - a i 13. Res. that the Recommended 2003 Budget be revised by decreasing the General Fund Revenue Estimates - Tangible Taxes - Current Year in the amount of $316,137 and reducing the appropriations in the General Fund Police Department Account in the amount of $313,007 by deleting the Helicopter Program and decreasing Other Budgetary Accounts, City Treasurer by $3,130 - see attached. ((MOTION NEEDED TO ADOPT OR NOT ADOPT)) Doc. # 1994 - Motion by Brown to Adopt LOST for lack of a 2nd 14. Res. that the Recommended 2003 Budget be revised by decreasing the General Fund Revenue Estimates - Tangible Taxes - Current Year in the amount of $282,300 and reducing the appropriations in the General Fund Police Department account by deleting the Community Resource Center civilian personnel in the amount of $246,046 and related non-personal services in the amount of $33,459 and decreasing Other Budgetary Accounts, City Treasurer by $2,795 - see attached. ((MOTION NEEDED TO ADOPT OR NOT ADOPT)) Doc. # 1995 - Motion by Brown to Adopt 2nd by Vokal LOST 2-5 Yeas: Brown, Vokal Nays: Gernandt, Kraft, Thompson, Welch, Sigerson 15. Res. that the Recommended 2003 Budget be revised by decreasing the General Fund Revenue Estimates - Tangible Taxes — Current Year in the amount of $11,853 and reducing the appropriations in the General Fund Police Department Personal Services Account in the amount of $11,853 by "rolling back" one Police Captain promotion and two Police Officer promotions - see attached. ((MOTION NEEDED TO ADOPT OR NOT ADOPT)) Doc. # 1996 - Motion by Brown to Adopt 2nd by Thompson LOST 2-5 Yeas: Brown, Thompson Nays: Gernandt, Kraft, Vokal, Welch, Sigerson 16. Res. that the Recommended 2003 Budget be revised by decreasing the General Fund Revenue Estimates - Tangible Taxes — Current Year in the amount of $8,890 and reducing the appropriations in the General Fund Police Department Personal Services Account in the amount of $8,890 by eliminating the promotions of three Police Sergeants - see attached. ((MOTION NEEDED TO ADOPT OR NOT ADOPT)) Doc. # 1997.- Motion by Brown to Adopt LOST for lack of a 2nd - 7 - 17. Res. that the Recommended 2003 Budget be revised by decreasing the General Fund Revenue Estimates - Tangible Taxes — Current Year in the amount of $79,207 and reducing the appropriations in the General Fund Police Department Personal Services Account in the amount of $79,207 by deleting the Public Information Officer - see attached. ((MOTION NEEDED TO ADOPT OR NOT ADOPT)) Doc. # 1998 - Motion by Brown to Adopt 2nd by Gernandt Doc. # 1999 - Motion by Kraft to amend the resolution to increase the Contingency Reserve Account rather than decreasing the General Fund Revenue Estimates in the amount of $79,207 2nd by Brown Carried 5-2 Yeas: Brown, Gernandt, Kraft, Thompson, Sigerson Nays: Vokal, Welch Res. # 2000 - Adopt 6-1 Yeas: Brown, Gernandt, Kraft, Thompson, Vokal, Sigerson Nay: Welch 18. Res. that the Recommended 2003 Budget be revised by reducing the Municipal Dock Revenue Fund by $458,453 and increasing the Library Department Personal Services Account by $458,453 to increase Library hours - see attached. ((MOTION NEEDED TO ADOPT OR NOT ADOPT)) Doc. # 2001 - Motion by Kraft to Adopt 2nd by Brown Doc. # 2002(A) - Motion by Brown to amend the resolution to increase the Contingency Reserve Account rather than the Library Department in the amount of$458,453 2nd by Kraft LOST 2-5 Yeas: Brown, Kraft Nays: Gernandt, Thompson, Vokal, Welch, Sigerson Doc. # 2002(B) - Original motion by Kraft to Adopt 2nd by Brown LOST 2-5 Yeas: Brown, Kraft Nays: Gernandt, Thompson, Vokal, Welch, Sigerson 19. Res. that the Recommended 2003 Budget be revised by decreasing the General Fund Revenue Estimates - Sales and Use Tax $332,364, and increasing General Fund Revenue Estimates - Non Business Licenses and Permits $174,000 and reducing General Fund appropriations to reflect the elimination of Administrative Services Department Personal Services Special Projects Manager $100,222 and the reduction of Public Works Department Street Improvement Division Capital $58,142 (Traffic Calming Program) - see attached. ((MOTION NEEDED TO ADOPT OR NOT ADOPT)) Doc. # 2003 - Motion by Kraft to Adopt 2nd by Brown LOST 2-5 Yeas: Brown, Kraft Nays: Gernandt, Thompson, Vokal, Welch, Sigerson - 8 - 20. Res. that the Budget of the City of Omaha for the year 2003 as submitted to the City Council by the Mayor and the Finance Director of the City of Omaha' together with revisions evidenced by resolutions attached hereto and adopted by the City Council at the Council Meeting of September 10, 2002, be and the same is hereby adopted as the Budget of the City of Omaha for the year 2003 - see attached. ((MOTION NEEDED TO ADOPT OR NOT ADOPT)) Res. # 2008 - Adopt 6-1 Yeas: Brown, Gernandt, Thompson, Vokal, Welch, Sigerson Nay: Kraft CONDEMNATION - APPEALS 21. Homestock Investments, do Matthew Shalhoob, appeals the condemnation of a two-story wood frame dwelling, located at 4923 Chicago Street - over from 2/12/02 - see attached. ((PUBLIC HEARING HELD 2/12/02 - ACTION CAN BE TAKEN TODAY)) Doc. # 2009 - Motion to lay over 17 wks. to 1/7/03 Carried 7-0 (a) Pictures submitted by Kevin Denker, Chief Housing Inspector, re: condemnation appeal of property located at 4923 Chicago Street over from 2/12/02. # 2009 - Over to 1/7/03 (b) Pictures submitted by Kevin Denker, Chief Housing Inspector, re: condemnation appeal of property located at 4923 Chicago Street. # 2009 - Over to 1/7/03 • (c) Second condemnation appeal bond submitted by Homestock Investments, do Matthew Shalhoob, for the property located at 4923 Chicago Street. • # 2009 - Over to 1/7/03 22. Vincente Lopez appeals the condemnation of a one story, wood frame and block dwelling and garage located at 2615 "H" Street - over from 05/14/02. ((PUBLIC. HEARING HELD 11/13/01 - ACTION CAN BE TAKEN TODAY)) Doc. # 2010 - Motion to DENY the appeal but allow owner 21 days to complete repairs Carried 7-0 - 9- (a) Pictures submitted by Kevin Denker, Chief Housing Inspector, re: condemnation appeal of property located at 2615 "H" Street - over from 5/14/02. # 2010 - From Chair on File (b) Second condemnation appeal bond submitted by Vincente Lopez for the property located at 2615 "H" Street - over from 5/14/02. # 2010 - From Chair on File (c) Pictures submitted by Gary Bengtson, Planning Department, re: condemnation appeal of property located at 2615 "H" Street - over from 5/14/02. #2010 - From Chair on File (d) Pictures submitted by Kevin Denker, Chief Housing Inspector, re: condemnation appeal of property located at 2615 "H" Street. # 2010 - From Chair on File (e) Pictures submitted by Vincente Lopez, re: condemnation appeal of property located at 2615 "H" Street. # 2010 From Chair on File 23. Francis Becker appeals the condemnation of a two-story wood frame dwelling located at 3142-44 Chicago Street - see attached. ((PUBLIC HEARING TODAY - ACTION CAN BE TAKEN TODAY)) Doc. # 2011 - Motion to lay over 30 wks. to 4/8/03 Carried 7-0 (a) Pictures submitted by Kevin Denker, Chief Housing Inspector, re: condemnation appeal of property located at 3142 Chicago Street. # 2011 - Over to 4/8/03 24. Roberta Rockwell appeals the condemnation of a one-story wood frame dwelling located at 3011 South 43rd Street - see attached. ((PUBLIC HEARING TODAY - ACTION CAN BE TAKEN TODAY)) Doc. # 2012 - Motion to DENY the appeal and return the bond to the owner Carried 6-0 - 10- (a) Pictures submitted by Kevin Denker, Chief Housing Inspector, re: condemnation appeal of property located at 3011 South 43rd Street. # 2012 - From Chair on File ZONING ORDINANCE ON FINAL READING and Planning Board Attachment 25. Ord. to rezone property located Northwest of 6th and Dodge Streets from CBD-Central Business District, DS-Downtown Service District, GI-General Industrial District, HI-Heavy Industrial District and RR-Railroad District to CBD-Central Business District. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) • Doc. # 2013 - ORDINANCE # 36034 PASSED 6-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Northwest of 6th and Dodge Streets from CBD, DS, GI, HI and RR to CBD - see attached. #2013 - From Chair on File • 26. . Res. that the replat transmitted herewith entitled UNION PACIFIC PLACE (Lot 3 - 13), located Northwest of 6th and Dodge Streets, is hereby approved; and concurrently a portion of the existing plat entitled Original City of Omaha, and described on said replat, is hereby vacated - Inside City - over from 8/20/02 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2014 -Adopt 6-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of UNION PACIFIC PLACE (Lot 3 - 13) located Northwest of 6th and Dodge Streets - Inside City - over from 8/20/02 - see attached. # 2014 - From Chair on File - 11 - • RESOLUTIONS RE: PRELIMINARY PLATS, PLATS AND SUBDIVISION AGREEMENTS "PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 27 THROUGH 29 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING" 27. Res. that the preliminary plat entitled HAYS COUNTRY CLUB ADDITION located Southwest of 66th Street and Country Club Road with a waiver of Section 53-9(9) Sidewalks and 53-8-(2) Street Improvements of the Municipal Code is hereby accepted along with the attached conditions; and, the preparation of the final plat of this subdivision is hereby authorized - Inside City - see attached. Doc. # 2015 - Over 2 wks. to 9/24/02 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 HAYS COUNTRY CLUB ADDITION located Southwest of 66th Street and Country Club Road - Inside City - see attached. # 2015 - Over to 9/24/02 28. Res. that the plat entitled HAYS COUNTRY CLUB ADDITION located Southwest of 66th Street and Country Club Road, is hereby approved and accepted - Inside City- see attached. Doc. # 2016 - Over 2 wks. to 9/24/02 for publication and Public Hearing pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of the Final Plat of HAYS COUNTRY CLUB ADDITION located Southwest of 66th Street and Country Club Road - Inside City - see attached. # 2016 - Over to 9/24/02 29. Res. that the preliminary plat entitled HAM ADDITION, a cluster subdivision, located Northwest of 105th and "F" 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. # 2017 - Over 2 wks. to 9/24/02 for publication and Public Hearing pursuant to City Council Rule VII E - 12- (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of HAM ADDITION, a cluster subdivision, located Northwest of 105th and "F" Streets - Inside City - see attached. # 2017 - Over to 9/24/02 * * * * * * * * * * * * * * * * "PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 30 THROUGH 33 SHALL BE LAID OVER TWO WEEKS" 30. Res. that the preliminary plat entitled EIPPERLE PLACE located at 15424 and 15426 Military Road with a waiver of Section 53-9(9) Sidewalks and 53-8(2) Street Improvements of the Municipal Code is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized - Outside City - see attached. Doc. # 2018 - Over 2 wks. to 9/24/02 pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of EIPPERLE PLACE located at 15424 and 15426 Military Road - Outside City - see attached. # 2018 -Over to 9/24/02 31. Res. that the plat entitled EIPPERLE PLACE located at 15424 and 15426 Military Road is hereby approved and accepted - Outside City - see attached. Doc. # 2019 - Over 2 wks. to 9/24/02 pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of the Final Plat of EIPPERLE PLACE located at 15424 and 15426 Military Road - Outside City - see attached. # 2019 - Over to 9/24/02 32. Res. that the Subdivision Agreement among the City of Omaha, Helen Eipperle Estate and Betty Mohr, as recommended by the Mayor, providing for a temporary waiver of sidewalk installation and the payment of interceptor sewer fees is hereby approved. The subdivision is to be known as Eipperle Place and is located at 15424 and 15426 Military Road - see attached. Doc. # 2020 - Over 2 wks. to 9/24/02 pursuant to City Council Rule VII E - 13 - 33. Res. that the Subdivision Agreement among the City of Omaha and Ronnie and Monica Beasley, Richard and Ruby Corso, and William and Joanne ,Lofton, as recommended by the Mayor, providing for the public improvements and sewer connections to the Omaha sewer system, is hereby approved. The Subdivision is to be known as Hays Country Club Addition which will be located Southwest of 66th Street and Country Club Road - see attached. Doc. # 2021 - Over 2 wks. to 9/24/02 pursuant to City Council Rule VII E * * * * * * * * * * * * * * * * PLAT AND DEDICATION 34. Plat and Dedication of an irregular 594.3 foot long, 3,069 square foot parcel of land along the north side of Pratt Street, west of 20th Street - Inside City - over from 8/20/02 for publication and Public Hearing - had publication. ((PUBLIC HEARING TODAY - CAN BE APPROVED TODAY)) Doc. # 2022 - Approve 7-0 (a) Planning Board and Planning Department recommend approval of the Plat and Dedication of an irregular 594.3 foot long, 3,069 square foot parcel of land along the north side of Pratt Street, west of 20th Street - Inside City - over from 8/20/02 - see attached. # 2022 - From Chair on File ORDINANCES ON FINAL READING 35. Ord. to amend Chapter 20-253 of the Omaha Municipal Code entitled "Application."; to provide criteria for approval or denial of handgun registrations; to create Section 20-257 to the Omaha Municipal Code entitled "Revocation."; to provide criteria for revocation of firearm registrations; to create Section 20-258 to the Omaha Municipal Code entitled "Appeals."; to provide for a procedure to appeal a decision regarding firearm registration; to repeal Section 20-253 of the Omaha Municipal Code as heretofore existing; and to provide an effective date hereof - over from 8/13/02 and continue the Public Hearing - see attached. ((PUBLIC HEARING CONTINUED TO TODAY - CAN BE PASSED TODAY)) Doc. # 2023 - Motion to lay over 2 wks. to 9/24/02 and continue the Public Hearing Carried 7-0 - 14 - (a) Amendment of the Whole requested by the Administration. ((SEE FOLDERS)) # 2023 - Over to 9/24/02 36. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning employment classifications by adding the employment classification entitled Public Information Manager; to repeal Section 23-177 as heretofore existing; and to provide the effective date hereof - see attached. ((PUBLIC HEARING HELD 8/27/02 - CAN BE PASSED TODAY)) • Doc. # 2024 - Motion to place on file Carried 7-0 (a) Communication from Warren Weaver, Council Staff Assistant, re: Comparison of Sworn/Civilian Police Information Officer- over from 8/27/02 - see attached. # 2024 - From Chair on File 37. Ord. approving a Redevelopment and Tax Increment Financing loan agreement with Phillips Realty, L.L.C., a Nebraska Limited Liability Company located at 4404 South 76th Circle, Omaha, Nebraska 68127 providing for the development of a 150,000 square foot office, warehouse and distribution facility for Phillips Manufacturing Company Phase I located on lots 10, 11, & 12 and for a future Phase II expansion on Lot 9 in the Stockyards Business Park - see attached. ((PUBLIC HEARING HELD 8/27/02 - CAN BE PASSED TODAY)) Doc. # 2025 - Ordinance read (a) Amendment of the Whole requested by the Planning Department - over from 8/27/02 - see attached. Doc. # 2026 - ORDINANCE #36035 PASSED AS AMENDED 7-0 38. 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 from the General Fund, Municipal Dock Fund, in the 2003 Budget of the City of Omaha to the 2003 General Fund Contingency Account; to provide that funds which are not expected to be necessary for Municipal Dock activities will be available for appropriation to other uses; to set the transfer to occur on January 15, 2003; 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 8/27/02 - CAN BE PASSED TODAY)) Doc. # 2027 Motion to place on file Carried 6-1 Yeas: Brown, Gernandt, Thompson, Vokal, Welch, Sigerson Nay: Kraft - 15 - ti. { 39. Ord. to waive the fifteen (15) day appeal requirement in Section 43-38 of the Omaha Municipal Code for condemned property at 4411 South 26th Street, owned by Eloy Flores; 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, provided that the other requirements of Section 43-38 be complied with prior to the said next City Council hearing; and to provide the effective date hereof - see attached. ((PUBLIC HEARING HELD 8/27/02 - CAN BE PASSED TODAY)) Doc. # 2028 - ORDINANCE # 36036 PASSED 6-0 ORDINANCES ON SECOND READING and Planning Board Attachments 40. Ord. vacating all the alleys, "P" Street and 15th Street within the area bounded by 17th Street, Ohern Street, "Q" Street and a line 150 feet east of 15th Street, and providing the effective date hereof- see attached. ((PUBLIC HEARING TODAY)) Doc. # 2029 - Over to 9/17/02 (a) Planning Board and Planning Department recommend approval of the vacation of all of the alleys, "P" Street and 15th Street within the area bounded by 17th, Ohern and "Q" Streets, and a line 150 feet east of 15th Street - Inside City - see attached. # 2029 - Over to 9/17/02 ORDINANCES ON SECOND READING 41. Ord. transferring funds from unencumbered appropriation balances in the 2002 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 accounts of the Omaha Fire Department; 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 TODAY)) Doc. # 2030 - Over to 9/17/02 42. Ord. to approve and authorize payment to Stringer Business Systems, Inc., for . the lease of coin-operated vending equipment for 17 public access photocopiers at Omaha Public Library facilities 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; to authorize the lease payments to be paid from a specific account; and to provide an effective date - see attached. ((PUBLIC HEARING TODAY)) Doc. # 2031 - Over to 9/17/02 - 16 - 43. Ord. approving the attached Agreement between the City of Omaha and Greater Omaha Workforce Development for 17,450 square feet of leased space located • at the Blue Lion Centre, 2421-23 North 24th Street, Omaha, Nebraska, for the Workforce Investment Act (WIA) and the Welfare to Work Act (WTWA) in the monthly amount of $12,777.78 for the period Df September 1, 2002 through August 31, 2005, to be paid from FY 2002, Fund 12189 and Fund 12191; and authorizing the payment of the cost of the relocation of certain existing tenants, as necessary, in the amount of $60,000.00 from the FY 2002 Community Development Block Grant Fund 12186 and in the amount of $40,000.00 from FY 2002 Advanced Acquisition Fund 13111 - see attached. ((PUBLIC HEARING TODAY)) Doc. # 2032 - Over to 9/17/02 (a) Document submitted by Sharon Arnold, Council Staff Assistant, re: Blue Lion Centre - over from 8/27/02 - see attached. # 2032 - Over to 9/17/02 44. Ord. to waive the fifteen (15) day appeal requirement in Section 43-38 of the Omaha Municipal Code for condemned property at 2002 North 51st Street, owned by Elaine Hollingshead, c/o Mid America Financial Investment Company; 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, provided that the other requirements of Section 43-38 be complied with prior to the said next City Council hearing; and to provide the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) Doc. # 2033 - Over to 9/17/02 * * * * * * * * * * * * * * * * - 17 - "PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 45 THROUGH 46 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING" SPECIAL USE PERMIT -AUTOMOTIVE SALES 45. Res. that the Special Use Permit application submitted by Ronald Widman, Jr., for permission to allow Automotive Sales in a CC-Community Commercial District, located at 4714 South 49th Avenue, 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. # 2034 - Over 2 wks. to 9/24/02 for publication and Public Hearing pursuant to City Council Rule VII E (a) Planning Board and Planning Department recommend approval of a request by Ronald Widman, Jr. for a Special Use Permit to allow Automotive Sales in a CC District located at 4714 South 49th Avenue - see attached. # 2034 - Over to 9/24/02 SPECIAL USE PERMIT - SOCIAL CLUB 46. Res. that the Special Use Permit application submitted by Gregory Teasley for permission to allow a Social Club in an R5-Urban Family Residential District, located at 2801 Sprague Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55- 885 of the Omaha Municipal Code - see attached. Doc. # 2035 - Over 2 wks. to 9/24/02 for publication and Public Hearing pursuant to City Council Rule VII E - 18- (a) Planning Board and Planning Department recommend DENIAL of the request of Gregory Teasley for a Special Use Permit to allow a Social Club in an R5 District located at 2801 Sprague Street - see attached. # 2035 - Over to 9/24/02 RESOLUTIONS 47. Res. that the attached contract, as recommended by the Mayor, between the City of Omaha/Greater Omaha Workforce Development and The Boys & Girls Club of Omaha for a Youth Program is hereby approved. Funds in the amount of $155,000 will be paid from WIA Fund No. 196, Youth Services - over from 8/20/02 and continue the Public Hearing - see attached. ((PUBLIC HEARING CONTINUED TO TODAY - CAN BE ADOPTED TODAY)) Doc. # 2036 - Motion to place on file Carried 7-0 (a) Request from Maria Vasquez, Director, Greater Omaha Workforce Development, to withdraw the resolution approving the contract with The Boys & Girls Club of Omaha. # 2036 - From Chair on File (b) Amendment requested by Councilmember Marc Kraft. # 2036 - From Chair on File 48. Res. that the attached contract, as recommended by the Mayor, between the City • of Omaha/Greater Omaha Workforce Development and the Chicano Awareness Center for a Youth Program is hereby approved. Funds in the amount of $46,550 will be paid from WIA Fund No. 196, Youth Services - over from 8/20/02 and continue the Public Hearing - see attached. ((PUBLIC HEARING CONTINUED TO TODAY - CAN BE ADOPTED TODAY)) Doc. # 2037 - Resolution read Res. # 2039 -Adopt as Amended 7-0 (a) Amendment requested by Councilmember Marc Kraft. Doc. # 2038 - Approve 7-0 - 19 - 49. Res. that the attached contract, as recommended by the Mayor, between the City of Omaha/Greater Omaha Workforce Development and Goodwill Industries, Inc., for a Youth Program is hereby approved. Funds in the amount of $284,885 will be paid from WIA Fund No. 196, Youth Services.- over from 8/20/02 and continue the Public Hearing - see attached. ((PUBLIC HEARING CONTINUED TO TODAY - CAN BE ADOPTED TODAY)) Doc. # 2040 - Resolution read Res. # 2042 - Adopt as Amended 7-0 (a) Amendment requested by Councilmember Marc Kraft. Doc. # 2041 - Approve 7-0 50. Res. that the attached contract, as recommended by the Mayor, between the City of Omaha/Greater Omaha Workforce Development and Nebraska Ethnics Together Working On Reaching Kids, Inc., (NETWORK) for a Youth Program is hereby approved. Funds in the amount of $49,007 will be paid from WIA Fund No. 196, Youth Services.- over from 8/20/02 and continue the Public Hearing - see attached. ((PUBLIC HEARING CONTINUED TO TODAY - CAN BE ADOPTED TODAY)) Doc. # 2043 - Resolution read Res. # 2045 - Adopt as Amended 7-0 (a) Amendment requested by Councilmember Marc Kraft. Doc. # 2044 - Approve 7-0 51. Res. that the attached contract, as recommended by the Mayor, between the City of Omaha/Greater Omaha Workforce Development and Omaha Public Schools/Druid Hill Academy for a Youth Program is hereby approved. Funds in the amount of $152,349 will be paid from WIA Fund No. 196, Youth Services - over from 8/20/02 and continue the Public Hearing - see attached. ((PUBLIC HEARING CONTINUED TO TODAY - CAN BE ADOPTED TODAY)) Doc. # 2046 - Resolution read Res. # 2048 -Adopt as Amended 7-0 (a) Information on contract background and implementation re: Contract between Greater Omaha Workforce Development and Omaha Public Schools - over from 8/20/02 - see attached. (b) Amendment requested by Councilmember Marc Kraft. Doc. # 2047 - Approve 7-0 - 20- 52. Res. that the attached contract, as recommended by the Mayor, between the City of Omaha/Greater Omaha Workforce Development and Owens Educational Services, Inc., for a Youth Program is hereby approved. Funds in the amount of $87,326 will be paid from WIA Fund No. 196, Youth Services - over from 8/20/02 and continue the Public Hearing see attached. ((PUBLIC HEARING CONTINUED TO TODAY - CAN BE ADOPTED TODAY)) Doc. # 2049 - Resolution read • Res. # 2051 - Adopt as Amended 7-0 (a) Amendment requested by Councilmember Marc Kraft. Doc. # 2050 - Approve 7-0 53. Res. that the Professional Services Agreement with Jeff Miller Associates, Inc., in an amount not to exceed $77,400.00, to serve as the system designer and project manager for the creation and implementation of the Omaha Police Department Law Records Management System for a term of August 15, 2002 through December 20, 2002, is hereby accepted and the same hereby approved. The Finance Department is authorized to pay the cost of the services from the Fiscal Year 2002, Fund 11111, Organization 113213, Account 42239 - over from 8/20/02 and continue the Public Hearing - see attached. ((PUBLIC HEARING CONTINUED TO TODAY - CAN BE ADOPTED TODAY)) Res. # 2052(A) - Motion not to adopt LOST 3-4 Yeas: Brown, Gernandt, Sigerson Nays: Kraft, Thompson, Vokal, Welch # 2052(B) - Motion to Adopt Carried 4-3 Yeas: Kraft, Thompson, Vokal, Welch Nays: Brown, Gernandt, Sigerson (a) Document submitted by Captain Tony Infantino, Omaha Police Department, re: Omaha Police Department Law Records Management System. # 2025(B) - From Chair on File 54. 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 Pauli's, 4016- 4018 Leavenworth Street, in Omaha, Nebraska - see attached. ((PUBLIC HEARING TODAY- CAN BE ADOPTED TODAY)). Res. # 2053 - Adopt 7-0 - 21 - . 55. 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 Pipeline, 1300 South 72nd Street, in Omaha, Nebraska - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2054 - Adopt 7-0 56. 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 Trackside Lounge, 1506 South 60th_Street, in Omaha, Nebraska - see attached. ((PUBLIC HEARING TODAY- CAN BE ADOPTED TODAY)) Res. # 2055 - Adopt 7-0 57. Res. that the City Council orders the streets within Roadway Maintenance District No. 745-21 be repaired by asphalt overlay and that the City Clerk is authorized and directed to publish in the official newspaper of the City, a brief notice of the proposed repair stating the character of the repair proposed to be constructed in Roadway Maintenance District No. 745-21, being between 78th and 84th Streets and between Pacific to Dewey Streets, and informing the owners of taxable property within each District of their right to protest the creation of the District - see attached. ((PUBLIC HEARING TODAY- CAN BE ADOPTED TODAY))• Res. # 2056 -Adopt 7-0 58. Res. approving the contract with Western Engineering Co., Inc., as recommended by the Mayor, for RMD 745-20, being an asphalt overlay on Read Street from 58th Street to 60th Street, Girard Street from 58tn Street to 60th Street, and 58th Street from Girard Street to Potter Street to be paid from the Special Assessments Organization 116168, Fund 13573, year 2002 funding in the amount of $41,040.00 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2057 - Adopt 7-0 59. Res. approving the contract with Sadler Line Construction, Inc., as recommended by the Mayor, for SP 02-01 being traffic signal construction at 72nd Street and I- 680 interchange with the City's 20% share of the cost to be paid from the Traffic Engineering Capital Organization 116189, Fund 12131, year 2002 funding in the amount of $27,162.59. The remaining 80%, in the amount of $108,650.36, will be paid by the Nebraska Department of Roads - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2058 - Adopt 7-0 - 22- • • 60. Res. approving the contract with Dennis Parking Lot Maintenance, Inc., as recommended by the Mayor, for SP 02-09 being Special Pavement Markings - Sorensen Parkway, 72nd Street to North Freeway, the City's 20% share to be paid from the Pavement Markings Organization 116184, Fund 12131, year 2002 funding in the amount of $21,100.44. The remaining 80%, $84,401.76, will be paid by the Nebraska Department of Roads - see attached. ((PUBLIC. HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2059 - Adopt 7-0 61. Res. that the Engineering Agreement with HWS Consulting Group, Inc. to provide engineering services for the improvement of Dodge Street from Turner Boulevard to Happy Hollow Boulevard, is hereby approved. The Finance Department is authorized to pay in the amount of $153,558.64 from the 2000 Street & Highway Bond, Organization 116167, Fund 13175, year 2003 expenditure for these services - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2060 - Adopt 7-0 62. Res. that Supplemental Agreement No. Two to the Engineering Agreement with Kirkham, Michael & Associates for a final design of the widening of Harrison Street from 135th Street to 147th Street, is hereby approved. The Finance Department is authorized to pay the City's portion of the cost of the services to be provided-under this Amendment, in the amount of $79,345.00, from the 2000 Street and Highway Bond, Organization 116167, Fund 13175, year 2002 expenditure - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2061 - Adopt 6-0 63. Res. that the Interlocal Agreement between the Papio-Missouri River Natural Resources District and the City of Omaha for the Cole Creek Flood Mitigation Program is hereby approved. The City adopts the report by Kirkham Michael Consulting Engineers entitled "Cole Creek Flood Damage Mitigation Study, April, 2002" - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2062 - Adopt 7-0 - 23 - 64. Res. that Amendment No. 2 to the Agreement between the City and Environmental Professionals, Inc. to provide independent review of the Asarco demolition/remediation plan is hereby approved. The Finance Department is authorized to pay $96,030.00 from the ASARCO Redevelopment Bond, Organization 131641, Fund 13429, year 2002 expenditure - see attached. ((PUBLIC HEARING TODAY- CAN BE ADOPTED TODAY)) Res. # 2063 - Adopt 6-1 Yeas: Brown, Gernandt, Thompson, Vokal, Welch, Sigerson Nay: Kraft 65. Res. accepting bids as detailed within this Resolution and attached Bid Tabulation for Equipment Rental for Snow Removal during the 2002-2003 winter season with costs to be paid from the Snow and Ice .Control Organization 116154, Fund 12131, year 2002 funding, and also authorizing the Public Works Department to negotiate with additional contractors for equipment at the same rate or less and enter into an agreement not to exceed the highest bid accepted - see attached. ((PUBLIC HEARING TODAY- CAN BE ADOPTED TODAY)) Res. # 2064 - Adopt 7-0 66. Res. authorizing the Purchasing Agent to issue a purchase order to Mallard Sand & Gravel as primary supplier for the purchase of approximately 20,000 tons of sand/gravel mix to be delivered to Street Maintenance Facilities in the amount of $7.01 per ton, and to Lyman-Richey Sand and Gravel, as alternate supplier, in the amount of $7.19 per ton, to be paid from the Snow and Ice Control Organization 116154, Fund 12131, year 2002 funding - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2065 - Adopt 7-0 • 67. Res. authorizing the Purchasing Agent to issue purchase orders to Cargill, Inc., as primary supplier for approximately 30,000 tons of rock salt for the 2002-2003 winter season for regular delivery in the amount of $31.48 per ton and to Parris Trucking Inc., for accelerated delivery in the amount of $35.60 per ton and to Parris Trucking, Inc., and Nebraska Salt and Grain Co. as alternate suppliers in the amounts of $31.60 and $33.71, respectively, per ton for regular delivery and to Nebraska Salt and Grain Co. and Cargill, Inc., in the amount of $39.71 and $41.48, respectively, per ton for accelerated delivery, to be paid from the Snow and Ice Control Organization 116154, Fund 12131, year 2002 funding - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2066 -Adopt 7-0 - 24- . 68. Res. that the bid of $423,293.75, from Negus-Sons, Inc. for SP 00-08R, being Nebraska Machinery Demolition being the lowest and best bid received, be accepted and the contract awarded. The contract with Negus-Sons, Inc. as recommended by the Mayor, in the amount of $423,293.75, is hereby approved. The Finance Department is authorized to pay the cost of SP 00-08R from the Convention Center/Arena Fund 13414, Organization 131691 - see attached. ((PUBLIC HEARING TODAY- CAN BE ADOPTED TODAY)) Res. # 2067 - Adopt 7-0 69. Res. that the contract with Anderson Excavating Co. for the 24th and Lake Demolition Project at 24th and Lake Streets, as recommended by the Mayor, in the amount of $78,400.00 is hereby approved. The Finance Department is authorized to pay the cost of the 24` and Lake Demolition Project at 24th and Lake Streets, in the amount of $78,400.00 from the 2002 Community Development Block Grant, Fund 12186, Organization 129133 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2068 - Adopt 7-0 70. Res. that the Finance Department is hereby authorized to issue a Purchase Order to the Metropolitan Utilities District for abandonment of gas and water mains in various street rights-of-way for the Performing Arts Project in the amount of $160,000.00. The Finance Department is authorized to pay the cost of the Purchase Order to the Metropolitan Utilities District for abandonment of gas and water mains in various street rights-of-way for the Performing Arts Project in the amount of $160,000.00 from the Performing Arts Project Organization 131831, Fund 13417 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2069 -Adopt 7-0 71. Res. that the Parks, Recreation and Public Property Department is authorized to submit an Urban Park and Recreation Recovery (UPARR) grant application to the National Park Service for renovation work at three neighborhood parks, Kellom Greenbelt, Binney/Wirt/Spencer and 32nd and Franklin parks . The City is further authorized to provide the required grant match in an estimated amount of • $133,408.00 from the 2000 Park Bond Fund - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2070 - Adopt 7-0 - 25 - 72. Res. that the Parks, Recreation and Public Property Department is authorized to submit an application to the Nebraska Department of Roads for a grant from the Transportation Enhancement Program for the construction of a trail along Happy Hollow Boulevard and Fontenelle Boulevard to connect Memorial Park and Fontenelle Park. The City is further authorized to provide the required grant match in.an estimated amount of $45,000.00 from the 2000 Park Bond Fund - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2071 - Adopt 7-0 73. Res. that the Finance Department is authorized to pay an additional $50,000.00 to the Papio-Missouri River Natural Resources District towards the construction of the Big Papio trail system from Center Street to Blondo Street, and that said payment will be from Fund 13351, Organization 13162, Project 017, and Expenditure 45312 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2072 - Adopt 7-0 74. Res. that, as recommended by the Mayor, the bid in the total amount of $634,193.37 from WBE Company Inc. for furnishing materials, labor and all else necessary for the installation of a new recreational trail, Riverfront Trail-North, Phase I, starting at NP Dodge Park and ending at the OPPD Power Plant, is hereby accepted and the Purchasing Agent is authorized to issue a purchase order in conformance herewith. The Finance Department is authorized to pay $634,193.37 from Park Bond Fund 13352, Organization 131621, Activity, 0062, and Object 45312. This project will be reimbursed for 80% of its cost by the Recreational Trails Program - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Doc. # 2073 - Resolution read Doc. # 2074 - Motion to amend the resolution to award bid to Lawn Smith, second low bidder LOST 3-3 Yeas: Brown, Kraft, Thompson Nays: Gernandt, Vokal, Sigerson Doc. # 2075 - Motion to lay over 1 wk. to 9/17/02 Carried 5-1 Yeas: Brown, Kraft, Thompson, Vokal, Sigerson Nay: Gernandt 75. Res. that the nomination and appointment by Mayor Mike Fahey of Frank M. Keatley as an at-large member of the Civil Rights Hearing Board, to serve a three-year term commencing upon confirmation by the City Council and expiring September 1, 2005, be and hereby is confirmed and approved - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2076 -Adopt 6-0 -26 - 76. Res. that the appointment by Mayor Mike Fahey of James G. Doyle, Vice President Corporate Real Estate & Facilities, ConAgra Foods, Inc, One ConAgra • Drive, to be a member of the Downtown Business Improvement Area Board to serve for a period of five (5) years commencing on the date of confirmation by the City Council is hereby confirmed - see attached. ((PUBLIC HEARING TODAY - CAN B.E ADOPTED TODAY)) Res. # 2077 -Adopt 6-0 77. Res. that the City Council of the City of Omaha hereby appoints Virgil J. Patlan to serve the remainder of John Pogge's one year term on the Enterprise Zone Association Board commencing on the date of passage of this resolution and ending on April 15, 2003 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2078 -Adopt 6-0 78. Res. that the Law Department of the City of Omaha release the Decree of Foreclosure entered on November 6, 1997, in the amount of $372,000.00 entered in a lawsuit in the Douglas County`District Court, entitled City of Omaha v. Calvin L. Erwin, et al., and accept in return the amount of $50,000.00 in ten equal installments over ten years with the first payment upon approval by the City Council (2890 Sprague Street). ((SEE FOLDERS)) ((PUBLIC HEARING TODAY CAN BE ADOPTED TODAY)) Res. # 2079 - Adopt 6-0 • LIQUOR 79. CLASS "I" - Carrabba's/Heartland-I Limited Partnership, dba "Carrabba's Italian Grill", 14520 West Maple Road. New application, new location. Property posted: 8/29/02; Notification sent 8/30/02 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Res. # 2080 - Grant 5-1 Yeas: Brown, Gernandt, Kraft, Vokal, Sigerson Nay: Thompson 80. Ports Petroleum Company, dba "Fuel Mart #629", 8242 Maple Street, requests permission to appoint Marc C. McChesney manager of their present Off Sale Beer License see attached. ((PUBLIC HEARING TODAY - CAN BE APPROVED TODAY)) Doc. # 2081 - Approve 6-0 - 27 - • "PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 81 THROUGH 86 SHALL BE HELD ON THE THIRD READING" ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 81. Ord. to approve an amendment to the Land Use Element of the Master Plan for the City of Omaha, to designate property located at 13906 North 32nd Avenue GI- General Industrial District; and to provide for the effective date hereof - see attached. Doc. # 2082 - Hearing 9/24/02 .(a) Planning Board and Planning Department recommend DENIAL of an amendment to the Land Use Element of the Master Plan to designate property located at 13906 North 32nd Avenue as GI-General Industrial District - see attached. # 2082 - Over to 9/24/02 82. Ord. to rezone property located at 13906 North 32nd Avenue from DR-Development Reserve District to GI-General Industrial District. Doc. # 2083 - Hearing 9/24/02 (a) Planning Board and Planning Department recommend DENIAL of a request to rezone property located at 13906 North 32nd Avenue from DR to GI - see attached. # 2083 - Over to 9/24/02 83. Ord. to rezone property located Southwest of 66th Street and Country Club Road from R2-Single Family Residential District (Low-Density) to DR-Development Reserve District. Doc. # 2084 - Hearing 9/24/02 84. Ord. to rezone property located Southwest of 66th Street and Country Club Road from DR-Development Reserve District and R2-Single Family Residential District (Low-Density) to R2-Single Family Residential District (Low-Density). Doc. # 2085 - Hearing 9/24/02 - 28 - • (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southwest of 66th Street and Country Club Road from DR and R2 to DR and R2 - see attached. # 2085 - Over to 9/24/02 85. Ord. to approve an amendment to the Present Development Zone Boundary of the Urban Development Element of the Master Plan for the City of Omaha, to include property located at 15424 and 15426 Military Road; and to provide for the effective date hereof- see attached. Doc. # 2086 - Hearing 9/24/02 (a) Planning Board and Planning Department recommend approval of an amendment to the Present Development Zone Boundary in the Urban Development Element of the City of Omaha Master Plan to include property located at 15424 and 15426 Military Road - see attached. # 2086 - Over to 9/24/02 86. Ord. to rezone property located at 15424 and 15426 Military Road from AG-Agricultural District to R5-Urban Family Residential District. Doc. # 2087 - Hearing 9/24/02 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 15424 and 15426 Military Road from AG to R5 - see attached. # 2087 - Over to 9/24/02 * * * * * * * * * "PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 87 THROUGH 94 SHALL BE HELD ON THE SECOND READING" ORDINANCES ON FIRST READING 87. Ord. to approve and execute an Acquisition Contract between the City of Omaha and the State of Nebraska for the purchase of property near 192nd and West Dodge Road; and to authorize the Mayor to execute the acquisition contract and all required documents; and to provide an effective date hereof- see attached. Doc. # 2088 - Hearing 9/17/02 - 29 - 88. Ord. providing for the exchange of real property owned by the City of Omaha for like real property; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the City is authorized to execute the attached Agreement with Roxie Morris, 2515 Jefferson Street, Omaha, NE 68107 to deed the real property located at 2513 Jefferson Street in exchange for the real property located at 2509 Jefferson Street and to provide the effective date hereof. The project account is the 2002 Community Development Block Grant, Fund 12186, Organization 129135 - see attached. Doc. # 2089 - Hearing 9/17/02 89. Ord. to amend Sections 23-177; 23-369; 23-468; 23-476; 23-494; 23-502 of the Omaha Municipal Code; to provide approval of an amendment to the Collective Bargaining Agreement for the years 2003, 2004, and 2005 between the City of Omaha and the Civilian Management, Professional and Technical Employees Council; to approve wage and benefit changes for the Administrative and Executive Classifications; to provide that any ordinances of the City of Omaha, and any rules and regulations promulgated thereunder, which are in conflict with these ordinances shall not be applicable to those employees in the bargaining unit described as the Civilian Management, Professional and Technical Employees Council or to the employee group Administrative and Executive Classifications; to provide authorization for the Mayor to execute and the City Clerk to attest his signature; and to provide the effective date hereof. ((SEE FOLDERS)) Doc. # 2090 - Hearing 9/17/02 90. Ord. to approve the Collective Bargaining Agreement for the years 2003, 2004, and 2005 between the City of Omaha and the Omaha City Employees, Local No. 251 American Federation of State, County and Municipal Employees, AFL-CIO; to provide that any ordinances of the City of Omaha, and any rules and regulations promulgated thereunder, which are in conflict with the provisions of the Collective Bargaining Agreement shall not be applicable to those employees in the bargaining unit described in Article 1, Section 1 of said Collective • Bargaining Agreement; to provide authorization for the Mayor to execute and the City Clerk to attest his signature; and to provide the effective date hereof. ((SEE FOLDERS)) Doc. # 2091 - Hearing 9/17/02 91. Ord. to approve a 36 month price agreement in the total amount of $17,280.00 between the City of Omaha and O'Keefe Elevator Co., Inc. for the provision of elevator maintenance services at OmahaPark Seven; to authorize the Finance Director to make payments in accordance therewith; and to provide an effective date - see attached. Doc. # 2092 - Hearing 9/17/02 - 30- 92. Ord. to waive the fifteen (15) day appeal requirement in Section 43-38 of the Omaha Municipal Code for condemned property at 2370 Fontenelle Boulevard, owned by Bill Kinney; 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, provided that the other requirements of Section 43=38 be complied with prior to the said next City Council hearing; and to provide the effective date hereof- see attached. Doc. # 2093 - Hearing 9/17/02 93. Ord. to waive the fifteen (15) day appeal requirement in Section 43-38 of the Omaha Municipal Code for condemned property at 4025 Nebraska Avenue, owned by Rhodesia Thomas; 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, provided that the other requirements of Section 43-38 be complied with prior to the said next City Council hearing; and to provide the, effective date hereof- see attached. Doc. # 2094 - Hearing 9/17/02 94. Ord. to waive the fifteen (15) day appeal requirement in Section 43-38 of the • Omaha Municipal Code for condemned property at 2641 "Y" Street, owned by Elaine Hollingshead; 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, provided that the other requirements of Section 43-38 be complied with prior to the said next City Council hearing; and to provide the effective date hereof- see attached. Doc. # 2095 - Hearing 9/17/02 * * * * •* * * * * * * * * * * * EXECUTIVE SESSION 95. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. Adjourn: 5:08 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 - 31 - SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR SEPTEMBER 10, 2002 LEGISLATIVE CHAMBERS - 2:00 P.M. - PREPARED SEPTEMBER 9, 2002 AT 1:00 P.M. ADDITIONAL BUDGET RESOLUTIONS 96. Res. that the Recommended 2003 Budget be revised by reducing the General Fund City Council — Non-personal Services appropriation for Outside Services by $7,000 (Travel & Subsistence - $5,000 and Seminar Registration - $2,000) and increasing the City Council Non-Personal Services in the Commodities account by $7,000 (Office Supplies - $500, Cell Phone - $500, and Other - $6,000) - see attached. ((MOTION NEEDED TO ADOPT OR NOT ADOPT)) Doc. # 2004 - Motion by Brown to Adopt 2nd by Vokal Doc. # 2005(A) - Motion by Welch to amend the resolution to increase the Contingency Reserve Account rather than the General Fund City Council in the amount of$7,0000 2nd by Brown LOST 3-4 Yeas: Brown, Vokal, Welch Nays: Gernandt, Kraft, Thompson, Sigerson Doc. # 2005(B) - Original Motion by Brown to Adopt 2nd by Vokal LOST 2-5 Yeas: Brown, Vokal Nays: Gernandt, Kraft, Thompson, Welch, Sigerson 97. Res. that the Recommended 2003 Budget be revised by decreasing the General Fund Revenue Estimates - Tangible Taxes — Current Year in the amount of $13,386 and reducing the appropriations in the General Fund City Council Personal Services Account in the amount of $13,386 to reflect the reduction of the 2003 City Council Members wage increases - see attached. ((MOTION NEEDED TO ADOPT OR NOT ADOPT)) Doc. # 2006 - Motion by Brown to Adopt 2nd by Kraft Doc. # 2007(A) - Motion by Kraft to amend the resolution to increase the Contingency Reserve Account rather than decreasing General Fund Revenue Estimates in the amount of $13,386 2nd by Brown LOST 2-5 Yeas: Brown, Kraft Nays: Gernandt, Thompson, Vokal, Welch, Sigerson Doc. # 2007(B) - Original Motion by Brown to Adopt 2nd by Kraft LOST 2=5 Yeas: Brown, Kraft Nays: Gernandt, Thompson, Vokal, Welch, Sigerson * * * * * * .* * * * * * * * * * 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 - 32 -