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1998-10-27j "CORRECTED" CITY COUNCIL AGENDA FOR OCTOBER 27. 1998 LEGISLATIVE CHAMBERS - 2:00 P.M. ROLL CALL 1. City Clerk calls the roll. Doc. # 2929 - Present: Kraft,Lo, Terry, Herd, Koneck, Mr. President Absent: Anzaldo Councilmember Anzaldo enters the Legislative Chambers at 2:03 P.M. 2. Pledge of Allegiance. 3. Invocation by Council President 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 October 23, 1998, notice re: Pre-Council and Regular City Council Meetings, October 27, 1998. Doc. # 2930 - 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. ZONING ORDINANCES ON FINAL READING and Planning Board Attachments 5. Ord. to rezone from RR-Railroad District and DS-Downtown Service District to CBD-Central Business District; 901-923 Jones Street. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) Doc. # 2931 - ORDINANCE # 34701 PASSED Carried 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone from RR and DS to CBD; 901-923 Jones Street - see attached. # 2931 - From Chair on File 6. Ord. to rezone from DS-Downtown Service District to CBD-Central Business District; Northeast of 15th and Jones Streets. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) Doc. # 2932 - ORDINANCE # 34702 PASSED Carried 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone from DS to CBD; Northeast of 15th and Jones Streets - see attached. # 2932 - From Chair on File RESOLUTIONS RE: PLATS & SUBDIVISION AGREEMENTS 7. Res. that the replat transmitted herewith entitled SEVILLE SQUARE, is hereby approved; and concurrently a portion of the existing plat entitled Eldorado, and described on said replat, is hereby vacated; Northwest of 146th Street and West Dodge Road - Outside City-see attached. ((PUBLIC HEARING TODAY- CAN BE ADOPTED TODAY)) Res. # 2933 -Adopt Carried 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of SEVILLE SQUARE; Northwest of 146th Street and West Dodge Road - Outside City - see attached. # 2933 - From Chair on File - 2 - . 8. Res. that the Subdivision Agreement between the City of Omaha and State Farm Mutual Automobile Insurance Company, 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 Seville Square which will be located Northwest of 146th Street and West Dodge Road - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2934 -Adopt Carried 7-0 ORDINANCES ON FINAL READING 9. Ord. to amend Section 23-178 of the Omaha Municipal Code concerning pay ranges; to amend the pay ranges in Part I -ANNUAL AND BI-WEEKLY PAY: FIRE MANAGEMENT; to repeal Section 23-178 as heretofore existing; and to provide the effective date hereof- see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2935 - ORDINANCE # 34703 PASSED Carried 7-0 10. Ord. to create Section 23-185 of the Omaha Municipal Code dealing with performance evaluations for Fire Management employees; to initiate a performance appraisal system which rewards Assistant Chiefs for meeting certain performance criteria set by the Fire Chief and managing their budget within the established constraints; and to provide for the effective date hereof- see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2936 - ORDINANCE # 34704 PASSED Carried 7-0 11. Ord. to amend Section 23-321 of the Omaha Municipal Code, entitled "Paid holidays."; to provide that holiday pay for Fire management employees applies only to those management employees who are assigned to Suppression duties; and, to provide the effective date hereof - see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2937 - ORDINANCE # 34705 PASSED Carried 7-0 12. Ord. to amend Section 23-341 of the Omaha Municipal Code, entitled "Rate of accumulation."; to provide that Fire management employees be deleted from the provisions of this Section; and, to provide the effective date hereof- see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2938 - ORDINANCE # 34706 PASSED Carried 7-0 CONTINUED TO NEXT PAGE - 3 - 13. Ord. to amend Section 23-343 of the Omaha Municipal Code, entitled "Management leave with pay."; to provide that Fire management employees assigned to 56-hour shifts shall receive 72 hours of management leave each year; and, to provide the effective date hereof- see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2939 - ORDINANCE # 34707 PASSED Carried 7-0 14. Ord. to amend Section 23-361 of the Omaha Municipal Code entitled, "Rate of accumulation.";to increase the sick leave earned by Fire Management employees; to repeal section 23-361 of the Omaha Municipal Code as heretofore existing; and, to provide the effective date hereof - see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2940 - ORDINANCE # 34708 PASSED Carried 7-0 15. Ord. to amend Section 23-362 of the Omaha Municipal Code, entitled "Maximum accumulation."; to provide that any employee promoted to a Fire Management position shall continue to earn the described bonus hours of annual leave, so long as the employee maintains the maximum allowed accumulation of sick leave; and, to provide the effective date hereof - see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2941 - ORDINANCE # 34709 PASSED Carried 7-0 16. Ord. to amend Section 23-432 of the Omaha Municipal Code, entitled "Health insurance for retired employees."; to provide_that said health insurance benefits cease upon the employee becoming eligible for Medicare, on the first day of the month in which the employee reaches 65 years of age or whatever age the U.S. Congress may set in the future as the minimum beginning age for Medicare; or when said individual employee actually, because of a disability or other reasons, becomes eligible for Medicare, which ever occurs first; and, to provide the effective date hereof - see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2942 - ORDINANCE # 34710 PASSED Carried 7-0 17. Ord. to amend Section 23-433 of the Omaha Municipal Code, entitled "Annual leave."; to provide that Fire management employees shall accumulate leave at an increased rate: for employees assigned to a 40 hour week - 15 hours for each month of service, and for 56 hour employees - 20 hours for each month of service; and, to provide the effective date hereof-see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2943 - ORDINANCE # 34711 PASSED Carried 7-0 CONTINUED TO NEXT PAGE - 4 - 18. Ord. to create Section 23-438 of the Omaha Municipal Code dealing with routine physical examinations for Fire Management employees; and to provide for the effective date hereof- see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2944 - ORDINANCE # 34712 PASSED Carried 7-0 19. Ord. to amend Section 23-178 of the Omaha Municipal Code concerning pay ranges; to amend the pay ranges in Part J - ANNUAL AND BI-WEEKLY PAY: POLICE MANAGEMENT; to repeal Section 23-178 as heretofore existing; and to provide the effective date hereof - see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2945 - ORDINANCE # 34713 PASSED Carried 7-0 20. Ord. to amend Section 23-298 of the Omaha Municipal Code, entitled "Functional and civilian management (CMPTEC) employees removal of discipline"; to provide for removal of discipline for police management employees; and, to provide the effective date hereof- see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2946 - ORDINANCE # 34714 PASSED Carried 7-0 21. Ord. to amend Section 23-369 of the Omaha Municipal Code, entitled "Cash payment for unused leave on termination of employment."; to provide that sick leave pay off shall be at three hours paid for every eight hours of accumulated sick leave for police management employees; and, to provide the effective date hereof- see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2947 - ORDINANCE # 34715 PASSED Carried 7-0 22. Ord. to amend Section 23-412 of the Omaha Municipal Code, entitled "Health insurance for retired employees."; to provide that said health insurance benefits cease upon the employee becoming eligible for Medicare, on the first day of the month in which the employee reaches 65 years of age or whatever age the U.S. Congress may set in the future as the minimum beginning age for Medicare; or when said individual employee actually, because of a disability or other reasons, becomes eligible for Medicare, which ever occurs first; and, to provide the effective date hereof - see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2948 - ORDINANCE # 34716 PASSED Carried 7-0 CONTINUED TO NEXT PAGE - 5 - 23. Ord. to amend Section 23-414 of the Omaha Municipal Code, entitled "Longevity pay."; to provide for an increase in longevity pay for police management employees; and, to provide the effective date hereof-see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2949 - ORDINANCE # 34717 PASSED Carried 7-0 24. Ord. to amend Section 23-418 of the Omaha Municipal Code, entitled "Education incentive pay."; to provide for an increase in top level incentive pay for Deputy Chiefs; and, to provide the effective date hereof - see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2950 - ORDINANCE # 34718 PASSED Carried 7-0 25. Ord. to create Section 23-419 of the Omaha Municipal Code dealing with performance evaluations for Police Management employees; to initiate a performance appraisal system which rewards Deputy Chiefs for meeting certain performance criteria set by the Police Chief and managing their budget within the established constraints; and to provide for the effective date hereof- see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2951 - ORDINANCE # 34719 PASSED Carried 7-0 26. Ord.. to amend Section 22-73 of the Omaha Municipal Code entitled, "Same - Contributions."; to increase the pension contributions for Fire Management and Police Management employees an additional .85% in 1998; and an additional .94% in 1999 for a total employee contribution in 1999 and thereafter of 1.79%; to repeal section 22-73 of the Omaha Municipal Code as heretofore existing; and, to provide the effective date hereof - see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2952 - ORDINANCE # 34720 PASSED Carried 7-0 27. Ord. to amend Section 22-76 of the Omaha Municipal Code, entitled "Amount."; to provide that members may retire at age 50 with 20 years of service at 45% of their salary; with 25 years of service at 55%; after 25 years the amount increases one percent for each six months of service over 25 years to a maximum of 65% at 30 years; and, to provide the effective date hereof-see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2953 - ORDINANCE # 34721 PASSED Carried 7-0 28. Ord. to amend Section 23-184 of the Omaha Municipal Code, entitled "Direct deposit."; to provide that Fire Management and Police Management employees shall be paid only by direct deposit; and, to provide the effective date hereof- see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2954 - ORDINANCE # 34722 PASSED Carried 7-0 - 6 - 29. Ord. to amend Section 23-372 of the Omaha Municipal Code, entitled "Injured on Duty (IOD) pay."; to provide that any Police Management or Fire Management employee who receives IOD pay shall not receive an amount greater than the employee's after tax compensation; and, to provide the effective date hereof- see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2955 - ORDINANCE # 34723 PASSED Carried 7-0 30. Ord. approving a lease-purchase agreement between the City of Omaha Stadium Facilities Corporation and the City of Omaha, Nebraska to provide funds for the lease-purchase of Stadium facilities as described therein, a copy of which Agreement is attached hereto as Exhibit A and incorporated herein by this reference; authorizing and approving a site lease agreement between the Corporation and the City for the leasing of the project site and improvements thereon by the City to the Corporation, a copy of which lease is attached hereto as Exhibit B and incorporated herein by this reference; approving an Indenture of Trust by and between the Corporation and First National Bank of Omaha as trustee, a copy of which Indenture is attached hereto as Exhibit C and incorporated herein by this reference; approving the terms and conditions of the Corporation's Lease Revenue Bonds (Rosenblatt Stadium Project), Series 1998 as set forth in the Indenture and the issuance and delivery thereof; approving the form, content and distribution of the preliminary official statement, a copy of which preliminary official statement is attached hereto as Exhibit D and incorporated herein by this reference; authorizing and approving the form and content of a letter agreement constituting an undertaking by the City to provide ongoing disclosure about the City for the benefit of the holders of the Bonds; a copy of which Letter Agreement is attached hereto as Exhibit E and incorporated herein by this reference; and approving the effective date hereof. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2956 - Read (a) Amendment of the Whole requested by the Finance Department. ((SEE FOLDERS)) Doc. # 2957 - ORDINANCE # 34724 PASSED AS AMENDED Carried 7-0 31. Ord. providing for the sale of City-owned surplus real property; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the City is authorized to accept and receive the offer of the Omaha Small Business Network, Inc., a Nebraska non-profit Corporation, 2505 North 24th Street, Omaha, Nebraska 68110, to purchase the real property, commonly known as 2501 North 24th Street, for the sum of $1.00 and to provide the effective date hereof - see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2958 - ORDINANCE # 34725 PASSED Carried 7-0 - 7 - 32. Ord. to approve a three year Agreement in the total amount of$150,000 between the City of Omaha and All Our Kids, Inc. for the provision of mentoring services to at risk youth in the Omaha area and to approve funding in accordance with the terms thereof - see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2959 - Read (a) Amendment requested by Councilmember Herd - see attached. Doc. # 2960 - Motion by Herd to approve 2nd by Terry Sub-motion by Anzaldo to lay over the ordinance and amendment 1 wk. to 11/3/98 2nd by Lo • Sub-motion Carried 6-1 Yeas: Kraft, Lo, Terry, Anzaldo, Herd, Brown Nays: Koneck (b) Communication from D'Anne Welch re: proposed contract with All Our Kids, Inc. # 2960 - Over to 11/3/98 33. Ord. to amend Ordinance No. 14303, Section 40-252 of the Omaha Municipal Code, by an addition thereto of a new Class "A" Oil District, to be known as District No. A-125; and provide the effective date hereof (OPPD Elkhorn Service Center, 1101 North 180th Street) - see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2961 - ORDINANCE # 34726 PASSED Carried 7-0 34. Ord. to amend Ordinance No. 14303, Section 40-252 of the Omaha Municipal Code, by an addition thereto of a new Class "B" Oil District, to be known as District No. B-109; and to provide the effective date hereof(American Asphalt, Inc., 2020 North 11th Street) - see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2962 - ORDINANCE # 34727 PASSED Carried 7-0 35. Special Ord. levying a special tax and assessment on all lots and pieces of real estate within Street Improvement District No. 6858 in the City of Omaha, to cover the cost of grading, curbing and paving 54th Street from Walnut Street to Cedar Street; and amending certain portions of Ordinance No. 34006 creating Street Improvement District No. 6858 by correcting the legal description of the property; and transferring $1,900.00 in the 1998 budget of the City of Omaha from the General Fund Contingency account to the Special Assessments Fund - see attached. ((PUBLIC HEARING HELD 10/20/98 - CAN BE PASSED TODAY)) Doc. # 2963 - SPECIAL ORDINANCE # 9966 PASSED Carried 7-0 - 8 - � J "PURSUANT TO CITY COUNCIL RULE VII D, THE PUBLIC HEARINGS ON AGENDA ITEMS NO. 36 THROUGH 41 SHALL BE HELD ON THE THIRD READING" ZONING ORDINANCES ON SECOND READING 36. Ord. to rezone from DR-Development Reserve District and GI-General Industrial District to GI-General Industrial District (portions of which property lie within the floodplain and floodway); 6404 South 60th Street. Doc. # 2964 - Over to 11/3/98 37. Ord. to rezone from CC-Community Commercial District and GO-General Office District to CC-Community Commercial District; 6724 Grover Street. Doc. # 2965 - Over to 11/3/98 38. Ord. to rezone from DR-Development Reserve District and CC-Community Commercial District to CC-Community Commercial District; Southwest of 1-680 and Blair High Road. Doc. # 2966 - Over to 11/3/98 39. Ord. to rezone from DR-Development Reserve District to GI-General Industrial District; Northwest of 1-680 and Blair High Road. Doc. # 2967 - Over to 11/3/98 40. Ord. to rezone from DR-Development Reserve District to R4-Single Family Residential District (High-Density); Northwest of 114th Street and Military Road. Doc. # 2968 - Over to 11/3/98 41. Ord.to rezone from R6-Low-Density Multiple Family Residential District to R5-Urban Family Residential District; Northeast of 177th and Harrison Streets. Doc. # 2969 - Over to 11/3/98 * * * * * * * * * * * * * * * - 9 - • 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. ORDINANCES ON SECOND READING 42. Ord. authorizing and directing an issue of General Obligation Refunding Bonds of the City of Omaha, Nebraska in the aggregate principal amount of not to exceed Twenty-nine Million Five Hundred Thousand Dollars ($29,500,000) to be termed for identification purposes "General Obligation Refunding Bonds, Series of 1998"; prescribing the form of said bonds; authorizing the sale of said bonds by negotiation; designating for defeasance certain general obligation indebtedness of the City of Omaha, Nebraska; directing the Finance Department to give notice of such defeasance; directing the preparation of a transcript of proceedings authorizing the issuance, sale and delivery of said bonds; directing that said bonds shall initially be issued and registered in book-entry form; appointing a paying agent, registrar and escrow agent; providing for continuing disclosure; and providing for the effective date thereof- see attached. ((PUBLIC HEARING TODAY)) Doc. # 2970 - Over to 11/3/98 43. Ord. to amend Ordinance No. 14303, Section 40-252 of the Omaha Municipal Code, by an addition thereto of a new Class "B" Oil District, to be known as District No. B-102; and to provide the effective date hereof (Ameritrade Holding Corporation, 4211 South 102nd Street) - see attached. ((PUBLIC HEARING TODAY)) Doc. # 2971 - Over to 11/3/98 DOUGLAS COUNTY BOARD OF EQUALIZATION 44. Douglas County Board of Equalization transmits their resolution approving tax rates certified to the Douglas County Clerk, etc. - see attached. ((MOTION NEEDED TO RECEIVE AND REFER TO THE FINANCE DEPARTMENT) Doc. #2972- Motion to receive and refer to the Finance Department Carried 7-0 - 10 • - , RESOLUTIONS (( MOTIONS ON RESOLUTIONS UNLESS OTHERWISE SPECIFIED SHOULD BE TO ' (ADOPT) OR (NOT ADOPT) )) 45. Res. that the attached Processing Solutions, Inc., Redevelopment Plan, prepared by the Omaha City Planning Department, containing a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, be and hereby is approved as the Redevelopment Plan for Processing Solutions, Inc., redevelopment area at 9th Street and Ellison Avenue - over from 10/6/98 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2973 -Adopt Carried 7-0 46. Res. that the attached Joslyn Lofts Limited Partnership Redevelopment Plan, prepared by the Omaha City Planning Department, containing a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, be and hereby is approved as the Redevelopment Plan for the Joslyn Lofts Limited Partnership redevelopment area at 621 South 15th Street- over from 10/6/98 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2974 - Adopt Carried 7-0 47. Res. that the attached Bemis Company Redevelopment Plan, prepared by the Omaha City Planning Department, containing a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, be and hereby is approved as the Redevelopment Plan for Bemis Company Redevelopment Area located at 2445 and 2455 Deer Park Boulevard and 3514 South 25th Street- over from 10/6/98 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2975 - Adopt Carried 7-0 48. Res. that, in accordance with the Lottery Operator's Agreement between the City of Omaha and Omaha First Corporation, as amended, Omaha First Corporation is granted approval to operate a satellite keno location at 40th Street Bar & Grill, 3929 Farnam Street, in Omaha, Nebraska - see attached. Res. # 2976 -Adopt Carried 6-1 Yeas: Kraft, Lo, Anzaldo, Herd, Koneck, Brown Nays: Terry - 11 - 49. Res. approving the contract with Swain Construction, as recommended by the Mayor, for Special Project 98-17, being Oakview Mall street improvements, to be paid from the Street Improvement Organization 1444, Street and Highway Allocation Fund 103, in the amount of$117,627.00 - see attached. Res. # 2977 -Adopt Carried 7-0 50. Res. that the Interlocal Agreement between the City of Omaha and Sanitary and Improvement District 413 of Douglas County, Nebraska, providing for the Public Improvement of Highway 133 and 103rd Street intersection, is hereby approved; and, the Finance Department is authorized to pay a maximum amount of $66,460.00 from the Major Street Intersection Improvement Account as the City's share for the improvements - see attached. Res. # 2978 - Adopt Carried 7-0 51. Res. that the First Amendment to the Agreement with CH2M Hill, Inc. to provide a final design, a cost estimate, drawings and bidding documents for Missouri River Treatment Plant improvements is hereby approved. That the Finance Department is authorized to pay $261,000.00 for Energy System improvements and $540,000.00 for Digester/Clarifier improvements from the Sanitary Sewer Improvement Organization 1485, Fund 544 - see attached. Res. # 2979 -Adopt Carried 6-1 Yeas: Kraft, Lo, Anzaldo, Herd, Koneck, Brown Nays: Terry 52. Res. approving the award of a contract with Omaha Electric Service for Electrical Renovation at Gene Leahy Mall at a cost of$123,623.00 from Park Bond Fund 340, Organization 1295 - see attached. Doc. # 2980 - Motion by Anzaldo to Adopt 2nd by Lo Sub-motion by Anzaldo to lay over 1 wk. to 11/3/98 2nd by Lo Sub-motion Carried 7-0 53. Res. that, as recommended by the Mayor, the bid in the total amount of $156,891.00 from Jones Library Sales, Inc. for interior furnishings at Benson Branch Library is hereby accepted and the Finance Department is authorized to pay the cost from Library Facilities Fund 329, Organization 1695 - see attached. Res. # 2981 - Adopt Carried 7-0 54. Res. approving the award of a contract with Krueger International for Phase II Interior Furnishings at Millard Branch Library project at a cost of$51,664.06 from Library Facilities Fund 329, Organization 1695 - see attached. Res. # 2982 -Adopt Carried 7-0 - 12 - 55. Res. approving the award of a contract with Omaha Business Furniture, Inc., for Phase II Interior Furnishing at Millard Branch Library Project at a cost of$58,587.34 from Library Facilities Fund 329, Organization 1695 - see attached. Res. # 2983 Adopt Carried 7-0 • 56. Res. that the bids of Dillon Tire, Inc., Jensen Tire Co., and GCR Firestone Tire Co., for a 12-month price agreement on tires for various departments in the amounts as indicated on the bid tabulations are accepted as the lowest bids within their categories and awards are made to Dillon Tire, Inc., Jensen Tire Co., and GCR Firestone Tire Co. The amounts of these charges shall be paid from the appropriate accounts - see attached. Res. # 2984 -Adopt Carried 7-0 57. Res. that the Finance Department is authorized to pay the cost of$23,300.00 for the professional services agreement between the Police and Fire Retirement System and Milliman & Robertson, Inc., for the actuarial evaluation of the System, from Fund 001, Organization 1710 - see attached. Res. # 2985 -Adopt Carried 7-0 58. Res. that the Purchasing Agent is authorized to issue a purchase order for the work of Velghe & Associates, Inc., in the amount of $19,750, to conduct an employee opinion survey for the Omaha Police Department, and the proposal is hereby accepted and the same hereby approved. Further, that the Finance Department of the City of Omaha is authorized to pay the cost of the employee opinion survey from the General Fund 001,Agency 132, Organization 1332, Object 2499-see attached. Res. # 2986 -Adopt Carried 6-1 Yeas: Lo, Terry, Anzaldo, Herd, Koneck, Brown Nays: Kraft • 59. Res. that the appointment by the Mayor of Kellie E. Paris to serve the unexpired term of Vincent Muniz, Sr. on the Personnel Board, to serve a term commencing on the date of confirmation by the City Council, and expiring on July 15, 2002, is hereby confirmed - see attached. Res. # 2987 -Adopt Carried 7-0 - 13 - • 60. Res. declaring that a Committee should be formed of Departments of the City of Omaha and others for the purpose of conducting a review of residential traffic flow within the zoning jurisdiction of the City of Omaha; with the goal to form a philosophical planning statement or set of guidelines regarding the control of traffic in existing residential subdivisions and new residential subdivisions. ((SEE FOLDERS)) Doc. # 2988 - Read Res. # 2991 - Adopt as Amended Carried 7-0 (a) Amendment requested by Councilmember Herd. Doc. # 2989 -Approve Carried 7-0 (b) Amendment requested by Councilmember Lo. Doc. # 2990 - Approve Carried 7-0 LIQUOR 61. CLASS "C" - Buffalo Wild Wings, Inc., dba "Buffalo Wild Wings, Inc.", 1000 Harney Street. New application, new location. Property posted: 10/14/98. Notified: 10/16/98 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Doc. # 2997 - Read Doc. # 2998 - Motion to suspend City Council Liquor Rules Carried 7-0 Res. # 2999 - Grant Carried 7-0 Doc. # 3000 - Motion to reinstate City Council Liquor Rules Carried 7-0 62. CLASS "C" - Buffalo Wild Wings, Inc., dba "Buffalo Wild Wings, Inc.", 4310 South 143rd Street. New application, new location. Property posted: 10/14/98. Notified: 10/14/98 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Res. # 3001 - Grant Carried 7-0 63. PACKAGE - Jim & Sam, Inc., dba "BJ's", 4122 Ames Avenue. New application, new location. Property posted: 10/14/98. Notified: 10/20/98 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Doc. # 3002 - Read • CONTINUED TO NEXT PAGE - 14 - ti (a) Amendment requested by Sam Murante, applicant, re: his application for a Package Liquor License at 4122 Ames Avenue. Doc. # 3003 - Approve Carried 6-1 Yeas: Lo, Terry, Anzaldo, Kraft, Koneck, Brown Nays: Herd Doc. # 3004 - Motion to suspend City Council Liquor Rules Carried 5-2 Carried 5-2 Yeas: Lo, Terry, Anzaldo, Koneck, Brown Nays: Kraft, Herd Res. # 3005 - Grant as Amended Carried 6-1 Yeas: Kraft, Lo, Terry, Anzaldo, Koneck, Brown Nays: Herd Doc. # 3006 - Motion to reinstate.City Council Liquor Rules Carried 7-0 64. Fine Tier III, Inc., dba "Fine's Lounge", 2801 North 16th Street, requests permission to appoint George L. Robinson manager of their present Class "C" Liquor License - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 3007 - Motion to allow the applicant to withdraw Carried 7-0 (a) Communication from Luther Haynes and George. L. Robinson, representing Fines Tier III, Inc., requesting withdrawal of manager application. • # 3007 - From Chair on File 65. LaSalle Hotel Lessee, Inc., dba "Omaha Marriott Hotel", 10220 Regency Circle, requests permission to appoint David O. Greene manager of their present Class "C" Liquor License - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 3008 - Approve Carried 7-0 66. Lone Star Steakhouse & Saloon of Nebraska, Inc., dba "Lone Star Steakhouse & Saloon", 3040 South 143rd Plaza, requests permission to appoint John A. Stephens manager of their present Class "I" Liquor License - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 3009 - Approve Carried 7-0 67. Peak Interests, Inc., dba "Pizza Hut", 5122 North 90th Street, requests permission to appoint Michelle J. Reagle manager of their present Class "J" Liquor License - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 3010 - Approve Carried 7-0 - 15 - 68. Guild Hotel Management Company, dba "Radisson Redick Hotel", 1504 Harney Street, requests permission for a Special Designated License for an anniversary celebration at Comfort Inn, 8736 West Dodge Road, on October 30, 1998, from 12:00 o'clock noon to 11:00 P.M. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 3011 -Approve Carried 7-0 69. Omaha Junior League, Inc., 608 North 108th Court, requests permission for a Special Designated License for a fundraiser at Regency Fashion Court, 10235 Regency Court, on November 6, 1998, from 7:00 P.M. to 11:00 P.M. -see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 3012 -Approve Carried 7-0 70. Bethphage, 4980 South 118th Street, Suite A, requests permission for a Special Designated License for a fundraiser at Physicians Mutual Insurance Company, 2600 Dodge Street, on November 7, 1998, from 6:00 P.M. to 11:00 P.M. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 3013 - Approve Carried 7-0 71. Hy Vee Food Stores, Inc., 7910 Cass Street, requests permission for a Special Designated License for a wine sampling on November 21, 1998, from 10:00 A.M. to 6:00 P.M. - see attached. ((MOTION NEEDED TO APPROVE OR NOT. TO APPROVE)) Doc. # 3014 -Approve Carried 7-0 72. Hy Vee Food Stores, Inc., 7910 Cass Street, requests permission for a Special Designated License for a distilled spirit sampling on December 19, 1998, from 10:00 A.M. to 6:00 P.M. - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 3015 - Approve Carried 7-0 73. Res. that the City of Omaha authorizes and consents to the possession and consumption of alcoholic liquor on the City-owned property at Western Heritage Museum, 801 South 10th Street, Omaha, Nebraska, as authorized by a Special Designated Liquor License issued to International'Catering, Inc. for October 28, 1998. ((SEE FOLDERS)) Res. # 3016 -Adopt Carried 7-0 - 16 - 74. NLCC notifies that Jer-Sue Corporation, dba "All Nations Brew House", 1830 North 72nd Street, has elected payment of fine in lieu of closing - see attached. (a) NLCC notifies that The Other World, Inc., dba "Diamond Cabaret", 333 North 72nd Street, has elected payment of fine in lieu of closing - see attached. (b) NLCC notifies that 2301 Leavenworth Corporation, dba "Crosstown Tavern", 2301 Leavenworth Street, has elected payment of fine in lieu of closing - see attached. Doc. # 3017 - Motion to receive and place on file Carried 7-0 "PURSUANT TO CITY COUNCIL RULE VII C, THE PUBLIC HEARING ON AGENDA ITEMS NO. 75 THROUGH 76 SHALL BE HELD ON THE SECOND READING." ORDINANCES ON FIRST READING 75. Ord. to amend Chapter 31 of the Omaha Municipal Code; to amend Section 31-3 by changing the procedure for repair of private sewer connection lines in the public right-of-way; to repeal Section 31-3 as heretofore existing; and to provide the effective date hereof- see attached. Doc. # 3018 - Hearing 11/3/98 76. Ord. authorizing and providing for the issuance and sale of not to exceed Three Million One Hundred Fifteen Thousand Dollars ($3,115,000) Riverfront Redevelopment Project No. 1 Special Tax Revenue Refunding Bonds, Series 1998 of the City of Omaha, Nebraska for the purpose of paying the cost of refunding the outstanding Riverfront Redevelopment Project No. 1 Special Tax Revenue Bonds, Series of 1998, of the City; prescribing the form and detail of said bonds; ratifying and confirming the creation of a community development agency; providing for the annual certification of the amount of community redevelopment tax to be levied for each succeeding fiscal year; pledging said special tax revenues to the payment of the principal of and interest on said bonds as the same fall due and to carry out all other covenants of this ordinance; limiting the payment of said bonds solely to said special tax revenues; creating and establishing funds and accounts; authorizing the sale of said bonds by negotiation; making other covenants and agreements in connection with the foregoing; and appointing a trustee and paying agent. ((SEE FOLDERS)) Doc. # 3019 - Hearing 11/3/98 * * * * * * * * * * * * * * * - 17 - ADDITIONAL RESOLUTIONS 77. Res. that, as recommended by the Mayor, the attached Amendment to the agreement between the City of Omaha and the Siena/Francis House, a Nebraska Non-Profit Corporation, 1702 Nicholas Street, Omaha, NE 68102, approved on July 29, 1997, by Resolution 2123, which allows the Siena/Francis House to use $88,466.00 in Supportive Housing Program funds earmarked for leasing of units to help acquire and renovate the units at 4460, 4462, 4464, and 4466 Redman Avenue, is hereby approved. ((SEE FOLDERS)) ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Doc. # 2992 - Read Res. # 2994 -Adopt as Amended Carried 7-0 (a) Amendment requested by the Law Department. Doc. # 2993 - Approve Carried 7-0 78. Res. that, as recommended by the Mayor, the attached Amendment to the agreement between the City of Omaha and the Siena/Francis House, a Nebraska Non-Profit Corporation, 1702 Nicholas Street, Omaha, NE 68102, approved on September 15, 1998, by Resolution 2545, which allows the Siena/Francis House to use $34,560.00 in Supportive Housing Program funds earmarked for leasing of units to help acquire and renovate the units at 4468 Redman Avenue, is hereby approved. ((SEE FOLDERS)) ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Res. # 2995 - Adopt Carried 7-0 79. Res. that the attached Agreement, as recommended by the Mayor, between the City of Omaha and the NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, Nebraska, 68104, in the amount of$217,875.00, comprised of$174,300.00 HOME and $43,575.00 Planning Capital Program Funds, for the acquisition and renovation of the 30 units at 4460, 4462, 4464, 4466 and 4468 Redman Avenue into 28 housing units for use as transitional housing by formerly homeless families and individuals and the remaining units into a community activities/common room, is hereby approved. Funding shall be in the form of a $217,875.00 Repayable Loan. These funds, in the amount of $174,300.00, shall be payable from the FY98 HOME Transitional Housing Program, Fund No. 186, Organization No. 5012. Funds in the amount of$43,575.00 shall be payable from Planning Capital Program, Fund 001, Organization No. 1106, Agency No. 110, Object No. 8010. ((SEE FOLDERS)) ((PUBLIC HEARING TODAY- CAN BE ADOPTED TODAY)) Res. # 2996 -Adopt Carried 7-0 - 18 - EXECUTIVE SESSION 80. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. Adjourned: 3:38 P.M. DOCUMENTS ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK'S OFFICE ALL REQUESTS FOR SIGN LANGUAGE INTERPRETERS (SIGNERS) WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A MINIMUM OF 72 HOURS ADVANCE NOTICE. PLEASE NOTIFY SANDRA L. MOSES -444-5554, IF ARRANGEMENTS NEED TO BE MADE. * * * * * * * * * * * * * * * * - 19 - [. • • • • • `ri • • .