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2014-03-18j9th REGULAR OMAHA CITY COUNCIL MEETING MARCH 18, 2014 THE CITY COUNCIL met in Regular Session on Tuesday, March 18, 2014 at 2:00 o’clock P.M. in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska and was called to Order by Council President Pete Festersen. ROLL CALL 1. City Clerk calls the roll. CCID # 331 - Present: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Aimee Melton of District No. 7. CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha on March 14, 2014, notice re: Pre-Council and Regular City Council Meetings, March 18, 2014. CCID # 332 - From Chair on File A current copy of the Open Meeting Act is posted in a white binder on the east wall of the Legislative Chambers. 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. - 2 - ZONING ORDINANCES ON FINAL READING and Planning Board Attachments 5. Ord. to rezone the property located at 4409 Dodge Street from GI -General Industrial District to CC-Community Commercial District – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 297 – March 4 and March 11 Meetings) Notice of public hearing on March 18, 2014 published in the Daily Record on March 7, 2014. Ordinance passed on March 18, 2014 published in the Daily Record on March 26, 2014. Brinker Harding, Colliers International, 6464 Center Street, appeared and spoke. CCID # 297 – Motion by Jerram that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President ORDINANCE # 39944 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 4409 Dodge Street from GI - General Industrial District to CC-Community Commercial District (property is also located within an ACI-2(PL) - Area of Civic Importance Overlay District) – see attached. (See Doc. # 297 – March 4 Meeting) # 297 – From Chair on File 6. Ord. to approve a Major Amendment to a Mixed Use District Development Agreement for Thomsen Mile West, to allow Auto sales and Auto repair services, located northeast of 177th Street and West Maple Road between the City of Omaha and Two Wheels, LLC, providing site development standards; and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 298 – March 4 and March 11 Meetings) Notice of public hearing on March 18, 2014 published in the Daily Record on March 7, 2014. Ordinance passed on March 18, 2014 published in the Daily Record on March 26, 2014. CCID # 298 – Motion by Melton that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President ORDINANCE # 39945 – PASSED 7-0 - 3 - (a) Planning Board and Planning Department recommend approval of a Major Amendment to a Mixed Use District Development Agreement for Thomsen Mile West, to allow Auto sales and Auto repair services in the form of a motorcycle retail building, located northeast of 177th Street and West Maple Road – see attached. (See Doc. # 298 – March 4 Meeting) # 298 – From Chair on File 7. Ord. to amend Sections 55-651 through 55-663 of the Omaha Municipal Code; to adopt new and more detailed digital flood hazard maps for the Elkhorn River; in addition to updating the flood fringe and floodway overlay district regulations; to repeal Sections 55-651 through 55-663 as heretofore existing; and to provide the effective date thereof – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 299 – March 4 and March 11 Meetings) Notice of public hearing on March 18, 2014 published in the Daily Record on March 7, 2014. Ordinance passed on March 18, 2014 published in the Daily Record on March 26, 2014. CCID # 299 – Motion by Thompson that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President ORDINANCE # 39946 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of an amendment to Sections 55-651 through 55-663 regarding FF- Flood fringe and FW -Floodway overlay districts – see attached. (See Doc. # 299 – March 4 Meeting) # 299 – From Chair on File RESOLUTIONS RE: PRELIMINARY PLAT AND PLAT 8. Res. that the preliminary plat entitled BARTLETTS ADDITION REPLAT 4 with a waiver of Section 53-8(4)(a) for lot depth, located at 3036 Marcy Street, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – over from 3/04/14 for publication and public hearing – had publication - see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 287 – March 4 Meeting) - 4 - Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President Res. # 287 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of BARTLETTS ADDITION REPLAT 4, a minor plat inside the city limits, with a waiver of Section 53-8(4)(a) for lot depth, located at 3036 Marcy Street – Inside City – over from 3/04/14 – see attached. (See Doc. # 287 – March 4 Meeting) # 287 – From Chair on File (b) Communication in support of the resolution to approve the preliminary and final plats entitled BARTLETTS ADDITION REPLAT 4, located at 3036 Marcy Street – see attached. # 287 – From Chair on File 9. Res. that the plat entitled BARTLETTS ADDITION REPLAT 4, located at 3036 Marcy Street, is hereby approved and accepted – over from 3/04/14 for publication and public hearing – had publication - see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 288 – March 4 Meeting) Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President Res. # 288 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of BARTLETTS ADDITION REPLAT 4, a minor plat inside the city limits, located at 3036 Marcy Street – Inside City – over from 3/04/14 – see attached. (See Doc. # 288 – March 4 Meeting) # 288 – From Chair on File - 5 - LIQUOR 10. CLASS “C” – Goldenrod Brewing Company, Inc., dba “Goldenrod Brewing Company”, 3562 Farnam Street. New application, New location. Property posted: 03-04-14; Notification sent: 03-07-14 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Tony Thomas, 3562 Farnam Street, appeared and spoke. Motion by Jerram that the Resolution to GRANT be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President Res. # 347 – ADOPTED 7-0 11. CLASS “L” BREW PUB – Goldenrod Brewing Company, Inc., dba “Goldenrod Brewing Company”, 3562 Farnam Street. New application, New location. Property posted: 03-04-14; Notification sent: 03-07-14 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Tony Thomas, 3562 Farnam Street, appeared and spoke. Motion by Jerram that the Resolution to GRANT be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President Res. # 348 – ADOPTED 7-0 12. CATERING – Goldenrod Brewing Company, Inc., dba “Goldenrod Brewing Company”, 3562 Farnam Street. New application, New location. Property posted: 03-04-14; Notification sent: 03-07-14 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Tony Thomas, 3562 Farnam Street, appeared and spoke. Motion by Jerram that the Resolution to GRANT be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President Res. # 349 – ADOPTED 7-0 - 6 - 13. ACR Corporation, dba “The Beercade”, 6102 Maple Street, requests permission for additions to their present Class “C” Liquor License location of the first (1st) floor and basement area approx. 26’ x 130’ of the two (2) story building to the west known as 6104 Maple Street. Property posted: 03-05-14; Notification sent: 03-07-14 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) John Larkin, 6102 Maple Street, appeared and spoke. CCID # 350 – Motion by Gray that the request be approved Seconded by Jerram ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President Motion Carried 7-0 14. Dudley’s Pizza & Tavern, LLC, dba “Dudley’s Pizza & Tavern”, 2110 South 67th Street, Suite 108, requests permission for an addition to their present Class “C” Liquor License location of an outdoor patio area approx. 44’ x 13’ to the southeast. Property posted: 03-04-14; Notification sent: 03-07-14 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Mike Kelley, Attorney for the applicant, 7134 Pacific Street, appeared and spoke. CCID # 351 – Motion by Gray that the request be approved Seconded by Melton ROLL CALL: Yeas: Gernandt, Gray, Melton, Pahls, Thompson, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gernandt, Gray, Melton, Pahls, Thompson, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Motion Carried 6-0-1 Pass CONSENT AGENDA (Any member of the City Council may cause any item placed on the Consent Agenda to be removed there from. Items removed from the Consent Agenda shall be taken up by the City Council immediately following the Consent Agenda in the order in which they were removed unless otherwise taken out of order as otherwise provided by the City Council Rules of Order.) (The public hearings on Agenda Item Nos. 15 through 18 were held on March 11, 2014.) - 7 - CONSENT AGENDA – ORDINANCES 15. Ord. authorizing the issuance of a purchase order to Deffenbaugh Industries, Inc. in the amount of $70,772.00 annually for collection of solid waste from Omaha Housing Authority (OHA) containers at various locations throughout the City; the contract term is for five years commencing approximately March 1, 2014, with the City’s option to extend up to two additional two -year terms; to provide for payments from appropriations of more than one year in accordance w ith Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for payments from the General Fund 11111, Solid Waste Collection and Disposal Organization 116321; and to provide an effective date hereof – see attached. (See Doc. # 300 – March 4 and March 11 Meetings) Notice of public hearing on March 18, 2014 published in the Daily Record on March 7, 2014. Ordinance passed on March 18, 2014 published in the Daily Record on March 26, 2014. CCID # 300 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President ORDINANCE # 39947 – PASSED 7-0 16. Ord. approving a redevelopment and tax increment financing loan a greement between the City of Omaha and Ulferts Row House Property Management, LLC, a Nebraska limited liability company, David Ulferts, sole member and ENLR, LLC, a Nebraska limited liability company, Jeff Royal, sole member – Ulferts Row House Property Management, LLC and ENLR, LLC as tenants -in-common – to implement the Traver’s Row Tax Increment Financing (TIF) Redevelopment Project Plan generally located at 26th and St. Mary’s Avenue proposing the complete rehabilitation of 10 historic duplex apartment buildings, the rehabilitation of a structure which contains a commercial space – the former Super Bee Mart – and the apartments above, and the provision of parking at the surface lot directly east of the project site; the agreement authorizes the use of up to $390,997.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project; and providing for an effective date – see attached. (See Doc. # 301 – March 4 and March 11 Meetings) Notice of public hearing on March 18, 2014 published in the Daily Record on March 7, 2014. Ordinance passed on March 18, 2014 published in the Daily Record on March 26, 2014. CCID # 301 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President ORDINANCE # 39948 – PASSED 7-0 - 8 - 17. Ord. to approve a Maintenance Addendum to Master Software License Agreement between City of Omaha and ZOLL Data Systems, Inc., a Delaware corporation in the initial amount of $20,900 per year for a period up to five years; such Maintenance Agreement is to be for the benefit of the City of Omaha Fire Department in support of the RescueNet ePCR Suite purchased by Resolution No. 1677 on December 17, 2013; such Maintenance Agreement involves the 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 Finance Department to make payment for specified accounts; and to provide an effective date hereof – see attached. (See Doc. # 304 – March 4 and March 11 Meetings) Notice of public hearing on March 18, 2014 published in the Daily Record on March 7, 2014. Ordinance passed on March 18, 2014 published in the Daily Record on March 26, 2014. CCID # 304 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President ORDINANCE # 39949 – PASSED 7-0 18. Ord. to approve an agreement between the City of Omaha and the State of Nebraska District #4 Probation Office in the amount of twenty eight thousand five hundred dollars ($28,500) during the period of October 1, 2013 to September 30, 2016; to provide funding toward a full-time Field Service Officer, dedicated to supervising domestic violence offenders; involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; providing for payment from a specific account; and, providing for the effective date hereof – see attached. (See Doc. # 302 – March 4 and March 11 Meetings) Notice of public hearing on March 18, 2014 published in the Daily Record on March 7, 2014. Ordinance passed on March 18, 2014 published in the Daily Record on March 26, 2014. CCID # 302 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President ORDINANCE # 39950 – PASSED 7-0 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * - 9 - (The public hearings on Agenda Item Nos. 19 through 30 are today. If you wish to address the City Council regarding these items, please come to the microphone, indicate the Agenda Item Number you wish to address, identify yourself by your nam e, address, who you represent, and if you are a proponent or opponent.) CONSENT AGENDA – RESOLUTIONS 19. Res. that, Councilmembers Franklin Thompson, Garry Gernandt, and Rich Pahls shall assess damages, if any, to owners and parties affected by the vacation of the west 14 feet of 9th Street from previously vacated 20 feet of Leavenworth Street, north 172 feet to the previously vacated right-of-way – see attached. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President Res. # 334 – ADOPTED 7-0 20. Res. that, as recommended by the Mayor, the contract with L. G. Roloff Construction Co., Inc. for OPW 51997 (CSO), being Missouri Avenue/Spring Lake Park Sewer Separation Project – Phase I, in the amount of $9,432,218.71 is hereby approved; and, that the Finance Department is authorized to pay this cost from the Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918, year 2014 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President Res. # 341 – ADOPTED 7-0 21. Res. that, as recommended by the Mayor, the contract with Jackson’s Complete Concrete for OPW 52584, being New Sidewalk Construction and Sidewalk Repair at Various Locations in the Northeast Quadrant of the City of Omaha (from the Missouri River west to 72nd Street between the North Side of Dodge Street to the Omaha City Limits on the North), in the amount of $47,707.50 is hereby approved; and, that the Finance Department is authorized to pay this cost from the 2010 Transportation Bond Fund 13183, Transportation Bond Organization 117117 in the amount of $23,853.75 and from the Capital Special Assessment Fund 13573, Special Assessment Organization 116168 in the amount of $23,853.75, year 2014 expenditures – see attached. - 10 - Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President Res. # 342 – ADOPTED 7-0 22. Res. that, as recommended by the Mayor, the contract with Jackson’s Complete Concrete for OPW 52587, being New Sidewalk Construction and Sidewalk Repair at Various Locations in the Southwest Quadrant of the City of Omaha (from 72nd Street to the Omaha City Limits on the West between the South Side of Dodge Street to the Omaha City Limits on the South), in the amount of $48,108.75 is hereby approved; and, that the Fina nce Department is authorized to pay this cost from the 2010 Transportation Bond Fund 13183, Transportation Bond Organization 117117 in the amount of $24,054.38 and from the Capital Special Assessment Fund 13573, Special Assessment Organization 116168 in the amount of $24,054.37, year 2014 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President Res. # 343 – ADOPTED 7-0 23. Res. that, as recommended by the Mayor, the City Council rescinds Resolution 1514, passed on November 19, 2013, being the concurrence of bid award to Navarro Enterprise Construction, Inc. for MAPA -5114(6), State Control No. 22278, and OPW 51396, being improvements to the Sorensen Parkway and North Freeway intersection project, due to failure of the contractor to execute the Contract on this project; and that as recommended by the Mayor and the Nebraska Department of Roads, the City Council concurs with awar d to Swain Construction, Inc., being the next lowest bidder, with the City’s maximum local share now being $78,774.36, to be paid from the 2010 Transportation Bond Fund 13183, Organization 117117; and that, the City Council hereby authorizes the Mayor and City Clerk to sign the bid concurrence on behalf of the City of Omaha, and that the Mayor and City Clerk are also authorized to sign the attached NDOR documents – see attached. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President Res. # 344 – ADOPTED 7-0 - 11 - 24. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Deeter Foundry for the purchase of manhole rings and covers to be utilized by the Sewer Maintenance Division in the amount of $44,660.00; and, that the Finance Department is authorized to pay this cost from the Sewer Revenue Fund 21121, Sewer Maintenance Organization 116511, year 2014 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President Res. # 345 – ADOPTED 7-0 25. Res. that, as recommended by the Mayor, the payment to DLT Solutions, LLC of the annual license fees for the use of the “AutoCAD” computerized design package to be used in the Public Works Department Design Engineering Division, is hereby approved; and that, the Finance Department is authorized to pay $20,736.78, for the use of the “AutoCAD” design software package for the next year, which will be paid from the Street and Highway Allocation Fund 12131, Design Engineering Organization 116132, year 2014 exp enditure – see attached. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President Res. # 346 – ADOPTED 7-0 26. Res. that, as recommended by the Mayor, the bid in the total amount of $23,313.00, from Masonry Construction, Inc., to furnish labor and materials to replace brick wall and column caps with precast concrete caps at Gerald Ford Birthplace, 3202 Woolworth Avenue, being the lowest and best bid received within bid specifications, attached hereto and made a part hereof, is hereby accepted. The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from t he 2010 Parks and Recreation Bond Fund No. 13355 and Organization No. 117317, Parks and Cultures Bond – see attached. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President Res. # 335 – ADOPTED 7-0 - 12 - 27. Res. that, as recommended by the Mayor, the bid in the total amount of $22,759.10 from Van Diest Supply Company, for the purchase of fertilizer, Items #3 #5, #6, #9, and #12 (description of each item attached), for the Golf Division, being the best bid received, within the bid specifications, attached hereto and made a part hereof is hereby accepted. The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the Golf Operations Fund No. 21114 and Organization Nos. 115511/Johnny Goodman ($3,594.70), 115512/Benson ($2,116.00), 115513/Elmwood ($4,209.70), 115519/The Knolls ($4,263.50), 115515/Warren Swigart ($1,761.10), 115516/Miller Park ($2,090.70), 115517/Spring Lake ($2,526.50), and 115518/Westwood ($2,196.90) – see attached. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President Res. # 336 – ADOPTED 7-0 28. Res. that, as recommended by the Mayor, the bid in the total amount of $75,780.36 from D&K Products for golf chemicals, Items #1, #3, #4, #9, #12, #15, #18, #19, #22, #26, #29, #31, #39, #10, #11, and #13 (description of each item attached) to be utilized by the Golf Division, being the lowest and best bid received, within the bid specifications, attached hereto and made a part hereof, is hereby accepted. The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the Golf Operations Fund No. 21114 and Organization Nos. 115511/Johnny Goodman ($16,736.55), 115512/Benson ($9,490.40), 115513/Elmwood ($16,926.12), 115519/The Knolls ($17,217.93), 115515/Warren Swigart ($5,216.56), 115516/Miller Park ($3,350.56) 115517/Spring Lake ($3,527.68), and 115518/Westwood ($3,314.56) – see attached. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President Res. # 337 – ADOPTED 7-0 - 13 - 29. Res. that, as recommended by the Mayor, the bid in the total amount of $21,469.46 from Zimco Supply for golf chemicals, Items #30, #5, #6, #20, and #35 (description of each item attached) to be utilized by the Golf Division, being the lowest and best bid received, within the bid specifications, attached hereto and made a part hereof, is hereby accepted. The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the Golf Operations Fund No. 21114 and Organization Nos. 115511/Johnny Goodman ($4,311.75), 115512/Benson ($4,038.25), 115513/Elmwood ($2,878.95), 115519/The Knolls ($3,474.89), 115515/Warren Swigart ($2,115.28), 115516/Miller Park ($2,115.28) 115517/Spring Lake ($1,267.53), and 115518/Westwood ($1,267.53) – see attached. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President Res. # 338 – ADOPTED 7-0 30. Res. that as recommended by the Mayor and the Finance Director, the donation of two desks, two tables, one credenza, and one filing cabinet, unusable for any City purpose, as provided in Section 5.21 of the Home Rule Charter, to the Douglas County Treasurer’s Office, is hereby approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President Res. # 339 – ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * - 14 - “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARING ON AGENDA ITEM NO. 31 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCE ON SECOND READING 31. Ord. to approve a Major Amendment to a Major Development Overlay District Development Agreement, to allow for the installation of a 124 foot broadcast tower, for property located at 5933 South 118th Circle between the City of Omaha and SBA Communications Corporation, providing site development standards; and to provide for an effective date – see attached. (See Doc. # 310 – March 11 Meeting) CCID # 310 – ORDINANCE ON SECOND READING – Final reading to be held on March 25, 2014 as per City Charter requirements. * * * * * * * * * * * * * ORDINANCES ON SECOND READING 32. Ord. to amend Omaha Municipal Code Sections 34 -142, 34-144, 34-152, 34-155, 34-163, 34-164, and 34-165, regarding the leasing of City property; to modify provisions regarding private parking leases, the calculation of rental amounts, allowing successors to leases, and other regulations regarding leases; to repeal Sections 34-142, 34-144, 34-152, 34-155, 34-163, 34-164, and 34-165 as heretofore existing; and to provide the effective date thereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 303 – March 11 Meeting) Todd Pfitzer, Public Works Department, appeared and spoke. CCID # 303 – Public hearing was held today – Final reading set for March 25, 2014 as per Council motion. 33. Ord. to approve a three-year agreement with two one-year options between the City of Omaha and WageWorks, Inc. to provide flexible benefit plan administrative services at an anticipated annual cost of thirty thousand one hundred thirty-two dollars ($30,132); to authorize the Finance Director to make payment in conformance therewith and to provide an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 311 – March 11 Meeting) CCID # 311 – Public hearing was held today – Final reading set for March 25, 2014 as per City Charter requirements. - 15 - PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 34 THROUGH 35 SHALL BE HELD ON THE SECOND READING” ORDINANCES ON FIRST READING 34. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and Nichol Flats, L.L.C., a Nebraska limited liability company, to implement the Nichol Flats Tax Increment Financing (TIF) Redevelopment Project Plan located at 1015 North 16th Street which contemplates the demolition of the existing structure and the new construction of a 5-story, multi-family structure which will contain 67 modern and eco -friendly apartment units, 50 private parking stalls including garage units on the ground floor, and a commercial space on the first floor of the building; the agreement authorizes the use of up to $1,696,489.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project ; and providing for an effective date – see attached. CCID # 340 – Publication to be made and public hearing to be held on March 25, 2014 as per City Charter requirements. 35. Ord. to amend Omaha Municipal Code Sec. 36-156 to specify the distance for stopping, standing or parking in front of a private driveway; to repeal Sec. 36 -156 as heretofore existing; and to provide the effective date thereof – see attached. CCID # 328 – Publication to be made and public hearing to be held on March 25, 2014 as per City Charter requirements. * * * * * * * * * * * * * EXECUTIVE SESSION 36. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. - 16 - SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR MARCH 18, 2014 LEGISLATIVE CHAMBERS - 2:00 P.M. - PREPARED MARCH 17, 2014 AT 12:00 P.M. ADDITIONAL RESOLUTIONS 37. Res. that Ordinance #39926 adopted by the City Council on February 25, 2014 authorizing a vote be taken on the issuance of General Obligation Bonds not to exceed Fifty Million and No/100 Dollars ($50,000,000) for the purpose of providing funds for the payment of the cost of constructing, reconstructing, widening, improving, extending and equipping streets, boulevards, roads, and public parking facilities, constructing, reconstructing, improving, extending and equipping of storm sewers, sanitary sewers, inte rceptor sewers, combined sewers, relief sewers, or combinations thereof, public open spaces and public transportation enhancements, or combinations thereof, including necessary plans and specifications, and acquiring land and rights of way and easements as may be required for infill development in an area bounded on the East by 72 nd Street, on the South by Dodge Street, on the North by Cass Street and on the West by 76th Street, but excluding the cost of the City construction equipment and payment of salaries to City employees be and hereby is rescinded – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Protestants: Steven Schutz, 6604 Pratt Street D’Shawn Cunningham, 604 South 22nd Street For the City: Cassie Seagren, Mayor’s Office Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President Res. # 358 – ADOPTED 7-0 38. Res. that the reappointment by Mayor Stothert of Leonard M. Romano to serve as a commissioner of the Omaha Housing Authority in accordance with the terms and conditions of the laws of the State of Nebraska and the City of Omaha, to serve a five-year term commencing April 19, 2014, and expiring April 18, 2019, be and hereby is confirmed and approved – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson , Mr. President Res. # 352 – ADOPTED 7-0 - 17 - Motion by Gray that the meeting be adjourned Seconded by Gernandt ROLL CALL: Yeas: Gernandt, Gray, Jerram, Melton, Pahls, Thompson, Mr. President Motion Carried 7-0 ADJOURNED: 2:48 P.M. I, BUSTER BROWN, CITY CLERK OF THE CITY OF OMAHA, do hereby certify that the foregoing is a true and correct copy of the proceedings of the Meeting of the City Council of the City of Omaha held on March 18th, 2014. WITNESS: _______________________________ _______________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN STOTHERT ON THE 20th DAY OF MARCH, 2014.