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2014-05-06j16th REGULAR OMAHA CITY COUNCIL MEETING MAY 6, 2014 THE CITY COUNCIL met in Regular Session on Tuesday, May 6, 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 # 541 – Present: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent Entire Meeting: Melton 2. Pledge of Allegiance. 3. Invocation by Councilmember Franklin Thompson of District No. 6. 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 May 2, 2014, notice re: Pre-Council and Regular City Council Meetings, May 6, 2014. CCID # 542 – 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 SPEAKI NG 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 - RESOLUTIONS RE: PRELIMINARY PLAT AND PLAT 5. Res. that the preliminary plat entitled WEST GRAYHAWK REPLAT THREE, located southwest of 147th Street and West Maple Road, 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 4/22/14 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 487 – April 22 Meeting) Jason Thielen, E & A Consulting Group, 330 North 117th Street, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Res. # 487 – ADOPTED 6-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of WEST GRAYHAWK REPLAT THREE, a minor plat inside the city limits, located southwest of 147th Street and West Maple Road – Inside City – over from 4/22/14 – see attached. (See Doc. # 487 – April 22 Meeting) # 487 – From Chair on File “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NO. 6 SHALL BE LAID OVER TWO WEEKS” 6. Res. that the plat entitled GROVE RIDGE, located northeast of 192nd and Leavenworth Streets, is hereby approved and accepted – Outside City – see attached. CCID # 574 – Over two weeks to May 20, 2014 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 GROVE RIDGE, a subdivision outside the city limits, located northeast of 192nd and Leavenworth Streets – Outside City – see attached. # 574 – Over to 05/20/14 * * * * * * * * * * * * * * - 3 - LIQUOR AND RESOLUTION RE: KENO 7. CLASS “I” – Hulett, Inc., dba “Heartland Café & Catering”, 2613 N Main Street. New application, Old location. Present licensee is Janovsky, Sharon, dba “Heartland Café & Catering”, 2613 N Main Street, who has a Class “I” Liquor License – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Jen Hulett, 2613 Main Street, appeared and spoke. Motion by Thompson that the Resolution to GRANT be adopted Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Res. # 563 – ADOPTED 6-0 8. OFF SALE BEER – Amigos Market, LLC, dba “Amigos Market”, 2102 “Q” Street. New application, New location. Property posted: 04 -23-14; Notification sent: 04-25-14 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Pastor Rivera, 2104 “Q” Street, appeared and spoke. Application read Motion by Gray that the Resolution to GRANT be ADOPTED AS AMENDED Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Res. # 564 – ADOPTED AS AMENDED 6-0 (a) Communication from Pastor Riveria, President of Amigos Market, LLC, dba “Amigos Market”, 2102 “Q” Street, requesting to amend the application for an Off Sale Beer license to correct the address from 2102 “Q” Street to be 2104 “Q” Street – see attached. # 564 – Motion by Gray that the Amendment be approved Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Motion Carried 6-0 - 4 - 9. KAR Restaurant Group, LLC, dba “The Mill”, 13806 “P” Street, request permission for an addition to their present Class “C” Liquor License location of an outdoor area approx. 28’ x 9’ to the east. Property posted: 04 -17-14; Notification sent: 04-25-14 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) J.D. Cunningham, General Manager, The Mill, 13806 “P” Street, appeared and spoke. CCID # 565 – Motion by Pahls that the request be approved Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Motion Carried 6-0 10. Imagination Industries, Inc., dba “American Dream”, 7402 “F” Street, requests permission for additions to their present Class “C” Liquor License location of an outdoor area approx. 200’ x 529’ to the north; sidewalk areas on 3 sides of the bldg. approx. 42’ x 12’ on the west and east and 60’ x 12’ on the south and a storage shed approx. 27’ x 32’ within the outdoor area. Property posted: 04 -15- 14; Notification sent: 04-25-14 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Casey Rowe, Owner, American Dream, 2137 South 113th Street For the City: Buster Brown, City Clerk Tom Mumgaard, Deputy City Attorney CCID # 566 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Pahls, Gernandt Nays: Thompson, Mr. President Absent: Melton Motion Carried 4-2 (a) Communication from Casey Rowe, President of Imagination Industries, Inc., dba “American Dream”, 7402 “F” Street, requesting to amend their application for additions to their present Class “C” Liquor License location to adjust/change the outdoor area from approx. 200’ x 529’ to 217’ x 333’ to the north – see attached. # 566 – From Chair on File - 5 - 11. Carlisle Management, LLC, dba “Carlisle Hotel Omaha”, 10909 “M” Street, requests permission to appoint Rebecca A. Gintonio manager of their present Class “C” Liquor License – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Rebecca Gintonio, Manager, Carlisle Hotel Omaha, 10909 “M” Street, appeared and spoke. CCID # 567 – Motion by Gray that the request be approved Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Motion Carried 6-0 12. Res. that, in accordance with the Lottery Operator's Agreement with the City of Omaha, EHPV Lottery Services, LLC is granted approval to operate a Big Red satellite keno location at 2603 S. 120th Street, Tailgaters Sports Bar, in Omaha, Nebraska – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Katrina Coffey, Vice President of Marketing, Big Red Keno, 11248 John Galt Boulevard, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Res. # 568 – ADOPTED 6-0 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. 13 through 15 were held on April 29, 2014.) - 6 - CONSENT AGENDA – ORDINANCES 13. Ord. to authorize the Purchasing Agent to issue a purchase order to Midwest Laboratories, Inc. for professional laboratory testing services for the testing of water and wastewater samples in conjunction with the treatment processes at the Missouri River Wastewater Treatment Plant and the Papillion Creek Wastewater Treatment Plant for a contract period of April 1, 2014 to March 31, 2015; to provide for payments from appropriations of more than one year in accordance with section 5.17 of the Home Rule Charter of 1956, as amended; to provid e for payments totaling $35,648.50 from specific accounts; and to provide an effective date hereof – see attached. (See Doc. # 500 – April 22 and April 29 Meetings) Notice of public hearing on April 29, 2014 published in the Daily Record on April 25, 2014. Ordinance passed on May 6, 2014 published in the Daily Record on May 14, 2014. CCID # 500 – Motion by Gray that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton ORDINANCE # 39986 – PASSED 6-0 14. Ord. authorizing the issuance of a purchase order to Omaha Door & Window Co. for a 12-month price agreement as detailed in the attached bid tabulation for overhead door repair to be managed by the Facility Management Division that is extendable for five one year options, to provide for payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended, to provide for payments from a specific account, and to provide an effective date hereof – see attached. (See Doc. # 501 – April 22 and April 29 Meetings) Notice of public hearing on April 29, 2014 published in the Daily Record on April 25, 2014. Ordinance passed on May 6, 2014 published in the Daily Record on May 14, 2014. CCID # 501 – Motion by Gray that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton ORDINANCE # 39987 – PASSED 6-0 - 7 - 15. Ord. to amend Section 23 - 177 of the Omaha Municipal Code concerning employment classifications by adding the employment classification entitled Assistant Tourism Marketing Manager-Omaha Convention and Visitors Bureau (OCVB) with a salary range of 17.1 MC ($56,182-$67,703); to repeal Section 23 - 177 as heretofore existing; and to provide the effective date hereof – see attached. (See Doc. # 502 – April 22 and April 29 Meetings) Notice of public hearing on April 29, 2014 published in the Daily Record on April 25, 2014. Ordinance passed on May 6, 2014 published in the Daily Record on May 14, 2014. CCID # 502 – Motion by Gray that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton ORDINANCE # 39988 – PASSED 6-0 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 16 through 31 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 name, address, who you represent, and if you are a proponent or opponent.) CONSENT AGENDA – RESOLUTIONS 16. Res. that, as recommended by the Mayor, the contract with Swain Construction, Inc. for OPW 52559, being concrete curb ramp construction at various locations within the City of Omaha in the amount of $1,018,878.00 is hereby approved; and, that the Finance Department is authorized to pay this cost from the 2010 Transportation Fund 13183, Transportation Bond Organization 117117, year 2014 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Res. # 543 – ADOPTED 6-0 - 8 - 17. Res. that, as recommended by the Mayor, the contract with Rosenbaum Electric, Inc. for OPW 52185, being repairs to Hickory, Pierce and Douglas stormwater pump stations in the amount of $84,978.12 is hereby approved; and, that the Finance Department is authorized to pay this cost from the FEMA Fund 12122, Operating Grants – Other Public Services Organization 132038, year 2014 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Res. # 544 – ADOPTED 6-0 18. Res. that, as recommended by the Mayor, the Agreement between the City of Omaha and the State of Nebraska Department of Roads, providing for resurfacing on certain street segments which are urban extensions of State Highways or links to the State Highway system, known as Project RD-D2 (1037), State Control No. 22452 Fiscal Year 2015 Resurfacing Project, and reimbursement from the State of Nebraska Department of Roads at an amount not to exceed $400,000.00, is hereby approved; and, that the City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreement on behalf of the City of Omaha – see attached. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Res. # 545 – ADOPTED 6-0 19. Res. that, as recommended by the Mayor, the Supplemental Agreement No. 3 between the City of Omaha and Alfred Benesch and Company for additional preliminary engineering services on Project STPC-3811(1), State Control No. 22209, and OPW 50417, being improvements to 168th Street from West Center Road to Q Street, with the City’s local share of $2,840.87, to be paid from the 2010 Transportation Bond Fund 13183, Organization 117117, is hereby approved; and that, the City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreement on behalf of the City of Omaha – see attached. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Res. # 552 – ADOPTED 6-0 - 9 - 20. Res. that, as recommended by the Mayor, an Agreement with BNSF Railway Company for authorization to install a private temporary crossing for the Leavenworth Outfall Sewer project, known as OPW 52316, located 3500 feet south of Hickory Street on line segment 0137 at mile post 16.58, is hereby approved; and that, the Finance Department is authorized to pay a cost not to exceed $49,184.00, which is to be paid from the FEMA Fund 12122, Operating Grants-Other Public Services Organization 132038 – see attached. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Res. # 546 – ADOPTED 6-0 21. Res. that, as recommended by the Mayor, the Professional Services Agreement with Big Muddy Workshop, Inc. to provide street plantings design services, construction management and administration services for the Omaha Green Streets Program on the West Center Road Implementation Phase from 67 th Street to 87th Street, Capital Improvement Program, Transportation, No. 505 , is hereby approved; and that, the Finance Department is authorized to pay a fee not to exceed $31,900.00, which will be paid from the 2010 Transportation Bond Fund 13183, Organization 117117 – see attached. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Res. # 549 – ADOPTED 6-0 22. Res. that, as recommended by the Mayor, the Professional Services Agreement with Big Muddy Workshop, Inc. to provide street plantings design services, construction management and administration services for the Omaha Green Streets Program on the 144th Street Implementation Phase from FNB Parkway to Blondo Street, Capital Improvement Program, Transportation, No. 505 , is hereby approved; and that, the Finance Department is authorized to pay a fee not to exceed $34,860.00, which will be paid from the 2010 Transportation Bond Fund 13183, Organization 117117 – see attached. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Res. # 548 – ADOPTED 6-0 - 10 - 23. Res. that, as recommended by the Mayor, the Professional Services Agreement with JEO Architecture, Inc. for professional design services for schematic design, design development, bid services and construction management and administration on the Omaha Fire Department Station #21 Renovation Project at 3454 Ames Avenue, is hereby approved; and that, the Finance Department is authorized to pay a fee not to exceed $36,150.00, to be paid from the 2010 Public Facilities Bond Fund 13245, Fire Capital Organization 114512 – see attached. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Res. # 547 – ADOPTED 6-0 24. Res. that, as recommended by the Mayor, the Pipeline Crossing Agreement between the City of Omaha and the Union Pacific Railroad setting out the terms and conditions, and providing for the license for a dual pipeline crossing at Mile Post 2.49 and 2.50, Omaha Subdivision/Branch, located near 4 th Street north of Pacific Street, as is required for the completion of OPW 52223, being the South Interceptor Force Main – North Segment, is hereby approved; and that the Finance Department is authorized to pay the one -time license fee for this crossing in the amount of $25,165.00 from the Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project – see attached. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Res. # 551 – ADOPTED 6-0 25. Res. that pursuant to Section 39-1359 R.R.S. Neb. 2008, as amended by Legislative Bill 589 on May 24, 2011, the City of Omaha officially designates the Millard Days Parade as a special event under LB 589 and NEB. REV. STAT. §39- 1359 R.R.S. 2008 and hereby notifies the State of Nebraska that it accepts the duties imposed by such law, and, if a claim is made against the state, shall indemnify, defend, and hold harmless the State of Nebraska from all claims, demands, actions, damages, and liability, including reasonable attorney's fees, that may arise as a result of the special event and the temporary use of State Highway 50 from “L” Street to “P” Street on August 23, 2014, between the hours of 11:00 a.m. and 1:15 p.m., for the entire route of the Millard Days Parade Committee’s special event, the Millard Days Parade – see attached. - 11 - Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Res. # 553 – ADOPTED 6-0 26. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Gene Steffy Chrysler for the purchase of a one ton walk-in cargo van to be utilized by the Street Maintenance Division in the amount of $33,890.00; and, that the Finance Department is authorized to pay this cost from the Miscellaneous Contribution Fund 12117, Graffiti Abatement Organization 124061 in the amount of $11,066.22 and from the Street and Highway Allocation Fund 12131, Graffiti Abatement Organization 116156 in the amount of $22,823.78, year 2014 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Res. # 550 – ADOPTED 6-0 27. Res. that, the attached Deferred Payment Loan and Grant Agreement, as recommended by the Mayor, to provide funding in the amount of $33,500.00 for the rehabilitation and lead reduction work to the p roperty located at 3811 North 23 Street, Omaha, NE 68111, owned by John J. Malone, Sr., 11806 Washington Circle, Omaha, NE 68137, is hereby approved. Funds in the amount of $33,500.00 shall be paid from the HOME Program Fund, Fund No. 12179, Org. No. 128071 – see attached. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Res. # 555 – ADOPTED 6-0 - 12 - 28. Res. that, as recommended by the Mayor, the bid in the total amount of $87,550.00, from Action Contracting to furnish all labor and materials to complete work in connection with the Universal Water Access Entry Road, Cunningham Lake, Entrance 3, located at 96th and Garvin Street, 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 the 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 Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Res. # 557 – ADOPTED 6-0 29. Res. that, as recommended by the Mayor, the bid in the total amount of $133,256.00, from LawnSmith & Company, Inc. to furnish all labor and materials to remove existing playground and install new playground, walks, and site furnishings at Schroeder-Vogel Park, 5115 Hickory Street, 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 the 2010 Parks and Recreation Bond Fund No. 13355 and Organization No. 117317, Parks and Cultures Bonds – see attached. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Res. # 556 – ADOPTED 6-0 30. Res. that, as recommended by the Mayor, the bid in the total amount of $34,250.00 from Turfwerks, to purchase one (1) Triplex Riding Greens Mower, Jacobsen Eclipse 322 Hybrid Gas or equivalent, being the 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 the Golf Operations Fund No. 21114 and Organization No. 115512, Benson – see attached. - 13 - Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Res. # 558 – ADOPTED 6-0 31. Res. that, as recommended by the Mayor, the attached bid of Feld Fire in the amount of $707,112 for the purchase of four (4) Medic Units for the Omaha Fire Department is hereby approved, and the Finance Department is authorized to pay the amount of six hundred and ninety thousand dollars ($690,000) of such purchase price from the CIP Fund 13298, Organization 114512, Project 1862, Account 47033 and the amount of seventeen thousand one hundred and twelve dollars ($17,112) of such purchase price from Fire Department Fund 11111, Organization 114516, Account 42417 – see attached. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Res. # 569 – ADOPTED 6-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * - 14 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD MAY 27, 2014 AGENDA ITEM NO. 32 SHALL BE LAID OVER FOUR WEEKS TO JUNE 3, 2014 FOR PUBLICATION AND PUBLIC HEARING” RESOLUTION 32. Res. that, the Old Millard CRA located within census tracts and block groups 74.55-2 and 74.56-1, consisting of approximately 86 acres and generally described as “L” Street on the northeast, south along 131 st Street to “N” Street, west to 132nd Street, north to Cottner, west to 134th Street, south again to “Q” Street, west to Cottner Street along the eastern edge of Anderson Park, north to Millard Avenue, west to the West Branch Papio Creek, and then following the property lines north and east to Stevens Street on the north , and continuing east to “L” Street, is hereby declared to meet the standards of a substandard and blighted area in need of redevelopment as contemplated by the requirements of Nebraska Community Development Law and is hereby designated a community redevelopment area – see attached. Notice of public hearing on June 3, 2014 published in the Daily Record and Omaha World Herald on May 8, 2014 and May 15, 2014. CCID # 554 – Over four weeks to June 3, 2014 for publication and public hearing pursuant to City Council Rule VII H. * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARING ON AGENDA ITEM NO. 33 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCE ON SECOND READING 33. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located southwest of 136 th and Q Streets; and to provide for an effective date – see attached. (See Doc. # 533 – April 29 Meeting) CCID # 533 – ORDINANCE ON SECOND READING – Final reading to be held on May 13, 2014 as per City Charter requirements. * * * * * * * * * * * * * - 15 - ORDINANCE ON SECOND READING and Planning Board Attachment 34. Ord. vacating the west 14 feet of 9th Street from the extended north line of vacated alley in Block 191, Original City of Omaha to the south line of the vacated north 20 feet of Leavenworth Street, described as follows: beginning at the southeast corner of Lot 1, Block 191, Original City of Omaha, thence south along the existing west right-of-way line of 9th Street for a distance of 172 feet to the south line of the vacated north 20 feet of Leavenworth Street; thence east along the extended south line of the vacated north 20 feet of Leavenworth Street for a distance of 14 feet; thence north along a line 14 feet east of and parallel to the east line of said vacated Leavenworth Stre et and the east lot line of Lot 8, of said Block 191, and the east line of said vacated alley, in said Block 191, for a distance of 172 feet; thence west along the extended south lot line of said Lot 1, Block 191, for a distance of 14 feet to the point of beginning, in the City of Omaha, Douglas County, Nebraska; and, providing the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 537 – April 29 Meeting) Mark Johnson, 11440 West Center Road, appeared and spoke. CCID # 537 – Public hearing was held today – Final reading set for May 13, 2014 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of the vacation of the west 14 feet of 9th Street from Leavenworth Street north 172 feet (to the previously vacated right -of-way) – Inside City – see attached. (See Doc. # 537 – April 29 Meeting) # 537 – Over to 05/13/14 ORDINANCES ON SECOND READING 35. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and 144 S 39th LLC, a Nebraska limited liability company, to implement the 39th & Farnam Tax Increment Financing (TIF) Redevelopment Project Plan located at 144 South 39th Street and 3904–3908 Farnam Streets which proposes the redevelopment of a project site located at 144 South 39th Street and 3904–3908 Farnam Streets into professional executive suites, commercial office/retail space, and a green sp ace, and required public improvements; the agreement authorizes the use of up to $397,373.00 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. ((PUBLIC HEARING TODAY)) (See Doc. # 538 – April 29 Meeting) Bridget Hadley, Planning Department appeared and spoke. - 16 - CCID # 538 – Public hearing was held today – Final reading set for May 13, 2014 as per City Charter requirements. 36. Ord. approving an Agreement for the sale of City -owned real property; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the City is authorized to enter into the attached Agreement with Habitat for Humanity of Omaha, Inc., a Nebraska non-profit Corporation, 1701 N. 24th Street, Omaha, NE 68110, to convey property described in the attached agreement, for development of affordable housing, located within the North and South Omaha Neighborhood Redevelopment Strategy area, in consideration of the sum of One and 00/100 Dollars ($1.00); there are no expenditures associated with the conveyance of the property; and to provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 539 – April 29 Meeting) CCID # 539 – Public hearing was held today – Final reading set for May 13, 2014 as per City Charter requirements. 37. Ord. to approve and authorize payment from the City of Omaha to HP Financial Services of money from appropriations of more than one year in accordance with Section 5.1 of the Home Rule Charter of the City of Omaha, 1956, as a mended; to provide for payment from a certain account to HP Financial Services, for a lease agreement extended over a three-year period in the amount of $69,454, commencing upon the passage of this ordinance for 154 (one hundred fifty-four) Configurable – HP Compaq Pro 6305 Microtower Desktop PC – QZ709AV, at WSCA Cooperative pricing as approved by the State of Nebraska for the City of Omaha Public Library; and to provide an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 540 – April 29 Meeting) CCID # 540 – Public hearing was held today – Final reading set for May 13, 2014 as per City Charter requirements. - 17 - “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 38 THROUGH 42 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 38. Ord. to rezone the property located at 3814 Farnam Street from GC-General Commercial District to NBD-Neighborhood Business District. CCID # 559 – Publication to be made and public hearing and third reading to be held on May 20, 2014 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request to rezone the property located at 3814 Farnam Street from GC to NBD (property is also located within an ACI-1(PL) Overlay District) – see attached. # 559 – Over to 05/20/14 39. Ord. to rezone property located northwest of 80th Street and West Dodge Road from R7-Medium Density Multiple Family Residential District and GC-General Commercial District to CC-Community Commercial District. CCID # 560 – Publication to be made and public hearing and third reading to be held on May 20, 2014 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request to rezone property located northwest of 80th Street and West Dodge Road from R7-Medium Density Multiple Family Residential District and GC-General Commercial District to CC- Community Commercial District (portions of property are also located within an existing ACI-2(65) Overlay District) – see attached. # 560 – Over to 05/20/14 40. Ord. to approve a Development Agreement for property located northwest of 80th Street and West Dodge Road between the City of Omaha and Vistas, LLC, providing site development standards; and to provide for an effective date – see attached. CCID # 561 – Publication to be made and public hearing and third reading to be held on May 20, 2014 as per City Council Rule VII D. - 18 - 41. Ord. to rezone property located northeast of 192nd and Leavenworth Streets from AG-Agricultural District to R6-Low Density Multiple Family Residential District. CCID # 572 – Publication to be made and public hearing and third reading to be held on May 20, 2014 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request to rezone properties located northeast of 192nd and Leavenworth Streets from AG-Agricultural District to R6-Low Density Multiple Family Residential District – see attached. # 572 – Over to 05/20/14 42. Ord. to approve a PUD-Planned Unit Development Overlay District in a R6-Low- Density Multiple Family Residential District located Northeast of 192nd and Leavenworth Street, to approve the Development Plan, and to provide for an effective date – see attached. CCID # 573 – Publication to be made and public hearing and third reading to be held on May 20, 2014 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request for a PUD-Planned Unit Development Overlay District in a R6-Low-Density Multiple Family Residential District located Northeast of 192nd and Leavenworth Street – see attached. # 573 – Over to 05/20/14 * * * * * * * * * * * * * - 19 - “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 43 THROUGH 47 SHALL BE HELD ON THE SECOND READING” ORDINANCES ON FIRST READING 43. Ord. approving the contract with Heritage Environmental Services, LLC for OPW 51340 being, Household Hazardous Waste Transportation and Disposal to be collected at Under the Sink, located at 4001 South 120th Street for a period of two years beginning on the date of award until August 31, 2016 with the exclusive option by the City to extend the contract for one additional one -year term; to provide for payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended ; to provide for payments from a specific account; and, to provide an effective date hereof – see attached. CCID # 562 – Publication to be made and public hearing to be held on May 13, 2014 as per City Charter requirements. 44. Ord. in accordance with Section 5.10 of the Home Rule Charter of the City of Omaha, 1956, as amended, to transfer $39,000 in unencumbered General Fund appropriations in the 2014 Budget of the City of Omaha from Other Budgetary Accounts-Benefits, Retiree Health Insurance to the Human Resources Department for the purpose of providing funding for Non -Personal Services appropriations for a Wellness Program; 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. CCID # 575 – Publication to be made and public hearing to be held on May 13, 2014 as per City Charter requirements. 45. Ord. to approve a contract between the City of Omaha, a municipal corporation, and SimplyWell LLC, a Nebraska limited liability company, to create a wellness program for its employees involving the payment of money from appropriations in more than one (1) year in accordance with section 5.16 and 5.17 of the Omaha Home Rule Charter of the City of Omaha, 1956 as amended; to provide for payment to SimplyWell LLC in the amount of two dollars and forty-five cents ($2.45) per participant per month with an annual cap of thirty-seven thousand dollars ($37,000) for the first year, for a setup fee of two thousand dollars ($2,000) for the first year, and for other services provided on a per unit basis for a term of three (3) years with the option of two (2) one-year extensions in response to a Request for Proposals to pay from the Human Resources Fund 11111, Org. 10500; and to provide an effective date hereof – see attached. - 20 - CCID # 571 – Publication to be made and public hearing to be held on May 13, 2014 as per City Charter requirements. 46. Ord. to accept the bid of Municipal Emergency Services to provide Firefighter Hoods for the Omaha Fire Department; the term of the agreement is for one year at a cost of $29.00 per Firefighter Hood with the parties having the option to mutually agree to extend the agreement monthly for an additional 24 -month period at no increase in cost; and to provide an effective date hereof – see attached. CCID # 570 – Publication to be made and public hearing to be held on May 13, 2014 as per City Charter requirements. 47. Ord. to approve an agreement between the City of Omaha and the Douglas County Board of Commissioners on behalf of the Douglas County Attorney’s Office in the amount of seventeen thousand dollars ($17,000) during a period of October 1, 2013 to September 30, 2015; to provide partial funding for one (1) part-time Gang and Gun Prosecutor in the Violent Crime Gang/Gun Pros ecution Unit; 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. CCID # 576 – Publication to be made and public hearing to be held on May 13, 2014 as per City Charter requirements. * * * * * * * * * * * * * EXECUTIVE SESSION 48. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. Motion by Gernandt that the meeting be adjourned Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Pahls, Thompson, Gernandt, Mr. President Absent: Melton Motion Carried 6-0 ADJOURNED: 2:44 P.M. - 21 - 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 May 6th, 2014. WITNESS: _______________________________ _______________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN STOTHERT ON THE 8th DAY OF MAY, 2014.