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2014-05-13j17th REGULAR OMAHA CITY COUNCIL MEETING MAY 13, 2014 THE CITY COUNCIL met in Regular Session on Tuesday, May 13, 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 # 577 – Present: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President 2. Pledge of Allegiance. 3. Invocation by Council President Pete Festersen of District No. 1. 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 9, 2014, notice re: Pre-Council and Regular City Council Meetings, May 13, 2014. CCID # 578 – 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 ORDINANCE ON FINAL READING and Planning Board Attachment 5. 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. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 533 – April 29 and May 6 Meetings) Notice of public hearing on May 13, 2014 published in the Daily Record on May 2, 2014. Ordinance passed on May 13, 2014 published in the Daily Record on May 21, 2014. Katie Underwood, Olsson Associates, 2111 South 67th Street, appeared and spoke. CCID # 533 – Motion by Gray that the Ordinance be passed Seconded by Jerram ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President ORDINANCE # 39989 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a MCC-Major Commercial Corridor Overlay District for the property located southwest of 136th and Q Streets – see attached. (See Doc. # 533 – April 29 Meeting) # 533 – From Chair on File 6. Res. that the preliminary plat entitled CYNET COMMERCIAL PLAZA REPLAT 2, located southwest of 136th and Q Streets, attached hereto and made a part hereof as Exhibit “A”, with a request for a waiver of Section 53 -8(4)(d) regarding Lot Frontage, 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 4/29/14 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 534 – April 29 Meeting) Katie Underwood, Olsson Associates, 2111 South 67th Street, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 534 – ADOPTED 7-0 - 3 - (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of CYNET COMMERCIAL PLAZA REPLAT 2, a minor plat inside the city limits, with a waiver of Section 53-8(4)(d) of the Omaha Municipal Code regarding lot frontage, located southwest of 136th and Q Streets – Inside City – over from 4/29/14 – see attached. (See Doc. # 534 – April 29 Meeting) # 534 – From Chair on File 7. Res. that the replat transmitted herewith entitled CYNET COMMERCIAL PLAZA REPLAT 2, located southwest of 136th and Q Streets, is hereby approved, and concurrently a portion of the existing plat entitled Cynet Commercial Plaza, and described on said replat, is hereby vacated – Inside City – over from 4/29/14 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 535 – April 29 Meeting) Katie Underwood, Olsson Associates, 2111 South 67th Street, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 535 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of CYNET COMMERCIAL PLAZA REPLAT 2, a minor plat inside the city limits, located southwest of 136th and Q Streets – Inside City – over from 4/29/14 – see attached. (See Doc. # 535 – April 29 Meeting) # 535 – From Chair on File 8. Res. that, the Subdivision Agreement between the City of Omaha and DEERFIELD STATION LLC, as recommended by the Mayor, providing for the Watershed Management fees, Interceptor Sewer fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Cynet Commercial Plaza Replat 2 (Lots 1 -2) and is located southwest of 136th and “Q” Streets – over from 4/29/14 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 536 – April 29 Meeting) Katie Underwood, Olsson Associates, 2111 South 67th Street, appeared and spoke. - 4 - Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 536 – ADOPTED 7-0 RESOLUTIONS RE: PRELIMINARY PLATS, PLATS AND SUBDIVISION AGREEMENTS 9. Res. that the preliminary plat entitled PACIFIC VILLAGE, located Northwest of 192nd and Pacific Streets, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Outside City – Outside City – over from 4/15/14 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 456 – April 15 Meeting) CCID # 456 – Motion by Thompson that the Resolution be laid over one week to May 20, 2014 and continue the public hearing Seconded by Gray ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Motion Carried 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of PACIFIC VILLAGE, located Northwest of 192nd and Pacific Streets – Outside City – over from 4/15/14 – see attached. (See Doc. # 456 – April 15 Meeting) # 456 – Over to 05/20/14 (b) Formal protest submitted by Jerry Slusky re: the resolution to approve the preliminary plat entitled PACIFIC VILLAGE, located Northwest of 192nd and Pacific Streets – over from 4/15/14 – see attached. (See Doc. # 456 – April 15 Meeting) # 456 – Over to 05/20/14 (c) Legal opinion submitted by the Law Department re: the protest petition – over from 4/15/14 – see attached. (See Doc. # 456 – April 15 Meeting) # 456 – Over to 05/20/14 - 5 - (d) Communication submitted by Kevin Irish, representing Pacific Renaissance, re: the resolution to approve the preliminary plat entitled PACIFIC VILLAGE, located Northwest of 192nd and Pacific Streets – over from 4/15/14 – see attached. (See Doc. # 456 – April 15 Meeting) # 456 – Over to 05/20/14 (e) Communication opposing the resolution to approve the preliminary plat entitled PACIFIC VILLAGE, located Northwest of 192nd and Pacific Streets – over from 4/15/14 – see attached. (See Doc. # 456 – April 15 Meeting) # 456 – Over to 05/20/14 (f) Communication submitted by Kevin Irish, requesting that the resolution to approve the preliminary plat entitled PACIFIC VILLAGE, located Northwest of 192nd and Pacific Streets be laid over one week to May 20, 2014 and continue the public hearing – see attached. # 456 – From Chair on File “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD MAY 27, 2014 AGENDA ITEM NOS. 10 THROUGH 13 SHALL BE LAID OVER THREE WEEKS TO JUNE 3, 2014 FOR PUBLICATION AND PUBLIC HEARING” 10. Res. that the preliminary plat entitled 30 METROPOLITAN PLACE, located northeast of 30th and Fort Streets, along with the attached conditio ns, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – see attached. Notice of public hearing on June 3, 2014 published in the Daily Record on May 16, 2014. CCID # 598 – Over three weeks to June 3, 2014 for publication and public hearing pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of 30 METROPOLITAN PLACE , a minor plat inside the city limits, located northeast of 30th and Fort Streets – Inside City – see attached. # 598 – Over to 06/03/14 - 6 - 11. Res. that the plat transmitted herewith entitled 30 METROPOLITAN PLACE, located northeast of 30th and Fort Streets, is hereby approved, and concurrently a portion of the existing plat entitled Lots 22, and 136 -155, Ellistone Park Place, and described on said replat, is hereby vacated – Inside City – see attached. Notice of public hearing on June 3, 2014 published in the Daily Record on May 16, 2014. CCID # 599 – Over three weeks to June 3, 2014 for publication and public hearing pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of the Final Plat of 30 METROPOLITAN PLACE, a minor plat inside the city limits, located northeast of 30th and Fort Streets – Inside City – see attached. # 599 – Over to 06/03/14 12. Res. that the preliminary plat entitled CASS PLACE, located at 7023 Cass Street, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – see attached. Notice of public hearing on June 3, 2014 published in the Daily Record on May 16, 2014. CCID # 603 – Over three weeks to June 3, 2014 for publication and public hearing pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of CASS PLACE, a minor plat inside the city limits, located at 7023 Cass Street – Inside City – see attached. # 603 – Over to 06/03/14 13. Res. that the plat entitled CASS PLACE, located at 7023 Cass Street, is hereby approved and accepted – see attached. Notice of public hearing on June 3, 2014 published in the Daily Record on May 16, 2014. CCID # 604 – Over three weeks to June 3, 2014 for publication and public hearing pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of the Final Plat of CASS PLACE, a minor plat inside the city limits, located at 7023 Cass Street – Inside City – see attached. # 604 – Over to 06/03/14 - 7 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD MAY 27, 2014 AGENDA ITEM NOS. 14 THROUGH 16 SHALL BE LAID OVER THREE WEEKS TO JUNE 3, 2014” 14. Res. that, the Subdivision Agreement between the City of Omaha and CASS ST. APARTMENTS, LLC, a Nebraska Limited Liability Company, as recommended by the Mayor, providing for the Watershed Management fees and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Cass Place (Lots 1 -2) and is located at 7023 Cass Street – see attached. CCID # 605 – Over three weeks to June 3, 2014 pursuant to City Council Rule VII H. 15. Res. that the plat entitled WOOD VALLEY (Lot 296-351, OL “H-I”), located Northwest of 138th and Ida Streets, is hereby approved and accepted – Outside City – see attached. CCID # 607 – Over three weeks to June 3, 2014 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of the Final Plat of WOOD VALLEY (Lot 296-351, OL “H-I”), a subdivision outside the city limits, located Northwest of 138th and Ida Streets – Outside City – see attached. # 607 – Over to 06/03/14 16. Res. that, the Subdivision Agreement among the City of Omaha, CR INVESTMENTS, INC., a Nebraska corporation, The Wood Valley Home Owners Association, and Sanitary and Improvement District (S.&I.D.) 554 of Douglas County, Nebraska, as recommended by the Mayor, providing for the public improvements, 1% administrative fee, Interceptor Sewer Fee, W atershed Management Fee, Parks fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Wood Valley (Lots 296-351 and Outlots H-I) and is located northwest of 138th and Ida Streets – see attached. CCID # 608 – Over three weeks to June 3, 2014 pursuant to City Council Rule VII H. * * * * * * * * * * * * * * - 8 - LIQUOR 17. CLASS “I” – Big John’s Entertainment, LLC, dba “Big John’s Bill iards”, 9819 “M” Street. New application, Old location. Present licensee is Big John’s Billiards, Inc., dba “Big John’s Billiards”, 9819 “M” 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)) William Prout, Big John’s Billiards, 9819 “M” Street, appeared and spoke. Motion by Gray that the Resolution to GRANT be adopted Seconded by Jerram ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 612 – ADOPTED 7-0 18. Lalebela Ethiopian Restaurant, LLC, dba “Lalebela Ethiopian Restaurant”, 4422 Cass Street, requests permission for a CHANGE OF LOCATION AND TO CHANGE THE TRADE NAME/DBA to “Cleopatra’s”, of their present Class “I” Liquor License to be located at 6553 Ames Avenue. Property posted: 05 -01-14; Notification sent: 05-02-14 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Mulualem Gebreyesus, 6553 Ames Avenue Pierre Ellis, Entertainment Specialist Carla Graham, 6805 North 90th Plaza Robert Ross Janet Brockenbaugh, 4320 Larimore Avenue Donna Rothlisberger, 9260 County Road 36, Fort Calhoun, NE For the City: Captain Ray, Northwest Precinct, Police Department Buster Brown, City Clerk CCID # 613 – Motion by Gray that the application be laid over four weeks to June 10, 2014 and continue the public hearing Seconded by Jerram ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Motion Carried 7-0 (a) Communications opposing the application of Lalebela Ethiopian Restaurant, LLC, dba “Lalebela Ethiopian Restaurant”, 4422 Cass Street, for a Change of Location and to Change the Trade Name/DBA – see attached. # 613 – Over to 06/10/14 - 9 - (b) Communication from Thomas O. Mumgaard, Deputy City Attorney, re: License History of the 6553 Ames Avenue location – see attached. # 613 – Over to 06/10/14 19. Jackson Street Tavern, LLC, dba “Jackson Street Tavern”, 1125 Jackson Street, request permission for an addition to their present Class “C” Liquor License location of an outdoor area approx. 10’ x 23’ to the north. Property posted: 04 - 29-14; Notification sent: 05-02-14 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 614 – Motion by Gray that the application be laid over one week to May 20, 2014 and continue the public hearing Seconded by Jerram ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Motion Carried 7-0 20. City of Omaha, A Municipal Corporation, dba “Knolls Golf Course”, 11630 Sahler Street, requests permission to appoint William K. Jacobsen manager of their present Class “I” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) THE FOLLOWING PERSONS APPEARED AND SPOKE: For the City: William Jacobsen, Senior Golf Professional, Parks, Recreation and Public Property Department Bob Baber, Golf Manager, Parks, Recreation and Pub lic Property Department CCID # 615 – Motion by Gray that the request be approved Seconded by Melton ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Motion Carried 7-0 21. The Filling Station, Inc., dba “Cheap Smokes”, 32 02 “L” Street, requests permission to appoint Sharon K. Schwartzkopf manager of their present Package Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Sharon Schwartzkopf, 11713 South 209th Street, Gretna, NE Terry Jones, President, The Filling Station, Inc., 3202 “L” Street - 10 - CCID # 616 – Motion by Gernandt that the request be approved Seconded by Gray ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Motion Carried 7-0 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. 22 through 25 were held on May 6, 2014.) CONSENT AGENDA – ORDINANCES 22. 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 Street 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. (See Doc. # 537 – April 29 and May 6 Meetings) Notice of public hearing on May 6, 2014 published in the Daily Record on May 2, 2014. Ordinance passed on May 13, 2014 published in the Daily Record on May 21, 2014. CCID # 537 – Motion by Gray that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President ORDINANCE # 39990 – PASSED 7-0 - 11 - (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 and May 6 Meetings) # 537 – From Chair on File AGENDA ITEM NO. 23 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCILMEMBER JERRAM 23. 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 space, 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. (See Doc. # 538 – April 29 and May 6 Meetings) Notice of public hearing on May 6, 2014 published in the Daily Record on May 2, 2014. Ordinance passed on May 13, 2014 published in the Daily Record on May 21, 2014. CCID # 538 – Motion by Gray that the Ordinance be passed Seconded by Thompson ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest ORDINANCE # 39993 – PASSED 6-0-1 Pass - 12 - 24. 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. (See Doc. # 539 – April 29 and May 6 Meetings) Notice of public hearing on May 6, 2014 published in the Daily Record on May 2, 2014. Ordinance passed on May 13, 2014 published in the Daily Record on May 21, 2014. CCID # 539 – Motion by Gray that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President ORDINANCE # 39991 – PASSED 7-0 25. 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 amended; 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. (See Doc. # 540 – April 29 and May 6 Meetings) Notice of public hearing on May 6, 2014 published in the Daily Record on May 2, 2014. Ordinance passed on May 13, 2014 published in the Daily Record on May 21, 2014. CCID # 540 – Motion by Gray that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President ORDINANCE # 39992 – PASSED 7-0 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * - 13 - (The public hearings on Agenda Item Nos. 26 through 39 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 AGENDA ITEM NOS. 26 THROUGH 28 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCILMEMBER THOMPSON 26. Res. that, as recommended by the Mayor, the contract with McKinnis Roofing and Sheet Metal for OPW 52527-SP, being Omaha Public Safety Training Center administration building and pump house roof replacement, located at 11616 Rainwood Road in the amount of $191,208.00 is hereby approved; and, that the Finance Department is authorized to pay this cost from the Contingent Liability Fund 11114, General Government Organization 132022, year 2014 expenditures – see attached. Bob Stubbe, Public Works Director, appeared and spo ke. CCID # 579 – Motion by Thompson that the Resolution be laid over one week to May 20, 2014 and continue the public hearing Seconded by Gray ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Motion Carried 7-0 27. Res. that, as recommended by the Mayor, the contract with McKinnis Roofing and Sheet Metal for OPW 52528-SP, being Omaha Public Safety Training Center Fire support building roof replacement, located at 11616 Rainwood Road in the amount of $41,000.00 is hereby approved; and, that the Finance Department is authorized to pay this cost from the Contingent Liability Fund 11114, General Government Organization 132022, year 2014 expenditures – see attached. Bob Stubbe, Public Works Director, appeared and spoke. CCID # 580 – Motion by Thompson that the Resolution be laid over one week to May 20, 2014 and continue the public hearing Seconded by Gray ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Motion Carried 7-0 - 14 - 28. Res. that, as recommended by the Mayor, the contract with McKinnis Roofing and Sheet Metal for OPW 52529-SP, being Omaha Public Safety Training Center K-9 roof replacement, located at 11690 Rainwood Road in the amount of $37,400.00 is hereby approved; and, that the Finance Department is authorized to pay this cost from the Contingent Liability Fund 11114, General Government Organization 132022, year 2014 expenditures – see attached. Bob Stubbe, Public Works Director, appeared and spoke. CCID # 581 – Motion by Thompson that the Resolution be laid over one week to May 20, 2014 and continue the public hearing Seconded by Gray ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Motion Carried 7-0 29. Res. that, as recommended by the Mayor, the contract with McKinnis Roofing and Sheet Metal for OPW 52545-SP, being re-roof of Fire Station #63, located at 16736 “S” Street in the amount of $68,550.00 is hereby approved; and, that the Finance Department is authorized to pay this cost from the Contingent Liability Fund 11114, General Government Organization 132022, year 2014 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 582 – ADOPTED 7-0 30. Res. that, as recommended by the Mayor, the contract with McKinnis Roofing and Sheet Metal for OPW 52546-SP, being re-roof of Fire Station #65, located at 7010 South 142nd Street in the amount of $160,414.00 is hereby approved; and, that the Finance Department is authorized to pay this cost from the Contingent Liability Fund 11114, General Government Organization 132022, year 2014 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 583 – ADOPTED 7-0 - 15 - 31. Res. that, as recommended by the Mayor, the contract with Oldcastle Materials Midwest Company for OPW 52558, being resurfacing of residential and State connecting link street segments at various locations in the amount of $3,272,347.45 is hereby approved; and, that the Finance Department is authorized to pay this cost from the City Street Maintenance Fund 12129, Residential Street Rehabilitation Organization 116161, year 2014 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 584 – ADOPTED 7-0 32. Res. that, as recommended by the Mayor, the contract with Linhart Construction, Inc. for OPW 52596, being brick street restoration at various locations in the amount of $149,199.00 is hereby approved; and, that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Residential Brick Restoration Organization 116122, year 2014 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 585 – ADOPTED 7-0 33. Res. that, as recommended by the Mayor, the Program Agreement between the City of Omaha and the Nebraska Department of Roads for Omaha Signal System-Phase I Fiber Program across various locations within the city, known as MAPA-5023(17), State Control No. 22608, and Capital Improvements Program, Transportation No. 514-Traffic Control Center, with the City’s share of the project cost, estimated to be $1,146,750.00, which will be paid from th e 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: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 586 – ADOPTED 7-0 - 16 - 34. Res. that, as recommended by the Mayor, the Professional Services Agreement with Emspace, Inc. to provide professional branding and marketing services for the City of Omaha’s Parking Division, is hereby approved; and that, the Finance Department is authorized to pay a fee not to exceed $150,000.00; which will be paid from the Parking Enterprise Fund 21116, Facilities Organization 116241 – see attached. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 589 – ADOPTED 7-0 35. Res. that, as recommended by the Mayor, the Professional Services Agreement with Burns & McDonnell Engineering Company, Inc. to provide field investigation and preliminary design services for OPW 52470, being Forest Lawn Creek Inflow Removal and Outfall Storm Sewer Project (CSO), located in the area from State Street to Ida Street and 40th Street to the outfall at the Missouri River, is hereby approved; and that, the Finance Department is authorized to pay a fee not to exceed $1,038,215.00, to be paid from the Sewer Revenue Improvements 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: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 587 – ADOPTED 7-0 36. Res. that, as recommended by the Mayor, the Professional Service Agreement with CH2M Hill Engineers, Inc., for professional engineering services on the CSO 102 Box Culvert Outfall Repair Project, known as OPW 52632 located at the Missouri River Wastewater Treatment Plant, is hereby approved; and, the Finance Department is authorized to pay a fee not to exceed $39,181.00, to be paid from the Sewer Revenue Improvements Fund 21124, Capital Assets Replacement Program Organization 116913 – see attached. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 588 – ADOPTED 7-0 - 17 - 37. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Anderson Ford for the purchase of two half ton regular cab 4x4 pickups as detailed in the attached communication in the total amount of $48,338.00; and, that the Finance Department is authorized to pay this cost from the General Fund 11111, Solid Waste Collection & Disposal Organization 116321, year 2014 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 590 – ADOPTED 7-0 38. Res. that the application of 902 Dodge Condominium for a lease of City property adjacent to 902 Dodge Street, Omaha, Nebraska for purposes of an underground parking area, mechanical area and canopy, as described on the application, be and hereby is approved, contingent upon continued compliance with all requirements made and provided by law; and the Finance Department is directed to issue a billing statement and a lease form to the applicant for execution and return – see attached. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 591 – ADOPTED 7-0 39. Res. that the attached Human Resource policies entitled City Employment Application Process (Policy No. 25A) and Pre and Post Conditional Employment Offer Requirements (Policy No. 25B) as prepared by the Human Resource’s director and approved by the City o f Omaha Personnel Board be and hereby are approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 592 – ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * - 18 - RESOLUTIONS 40. Res. that the City Council determines that the claim of David Johnson, d/b/a Knolls Management, Inc. (“KMI”), for lost profits pursuant to the Management Contract between the City and KMI in the amount of Five Million, Nine Hundred and Twenty-eight Thousand Dollars ($5,928,000.00) plus attorney fees and costs should be denied in its entirety – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Protestant: Robert Sherrets, Attorney representing David Johnson d/b/a Knolls Management, Inc. (“KMI”), 260 Regency Parkway Drive For the City: Michelle Peters, Assistant City Attorney Brook Bench, Parks, Recreation and Public Property Director Motion by Gray that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 618 – ADOPTED 7-0 (a) Document submitted by Robert Sherrets, Sherrets, Bruno & Vogt LLC, 260 Regency Parkway Drive, Suite 200, re : the claim of David Johnson, d/b/a Knolls Management, Inc. (“KMI”), for lost profits pursuant to the Management Contract between the City and KMI – see attached. # 618 – From Chair on File - 19 - “PURSUANT TO CITY COUNCIL RULE VII F AGENDA ITEM NO. 41 SHALL BE LAID OVER THREE WEEKS FOR PUBLICATION AND PUBLIC HEARING” 41. Res. that, the attached Cass St. Apts. Tax Increment Financing (TIF) Redevelopment Project Plan located at 7023 Cass Street contemplates the demolition and clearing of the former Temple Israel site for purposes of constructing a new multi-family residential project, which will comprise two 4 - story, U-shaped apartment buildings with 248 underground parking garages and 274 on-site parking stalls surrounding a 1.6 acre green space, recommending the City’s participation through the allocation of TIF in an amount up to $6,206,000.00 to offset TIF eligible costs such as acquisition, demolition, any environmental costs, site work, utilities connections, architectural and engineering fees, and any public improvements as may be necessary, which includes up to $75,000.00 of the TIF proceeds/loan toward the Crossroads Area Public Improvement Fund, but is subject to change as final costs come in, containing a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as recommended by the City Planning Department, be and hereby is approved – see attached. Notice of public hearing on June 3, 2014 published in the Daily Record on May 16, 2014. CCID # 593 – Over three weeks to June 3, 2014 for publication and public hearing pursuant to City Council Rule VII F. * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 42 THROUGH 46 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON SECOND READING 42. Ord. to rezone the property located at 3814 Farnam Street from GC-General Commercial District to NBD-Neighborhood Business District. (See Doc. # 559 – May 6 Meeting) CCID # 559 – ORDINANCE ON SECOND READING – Final reading to be held on May 20, 2014 as per City Charter requirements. - 20 - 43. 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. (See Doc. # 560 – May 6 Meeting) CCID # 560 – ORDINANCE ON SECOND READING – Final reading to be held on May 20, 2014 as per City Charter requirements. 44. 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 fo r an effective date – see attached. (See Doc. # 561 – May 6 Meeting) CCID # 561 – ORDINANCE ON SECOND READING – Final reading to be held on May 20, 2014 pursuant to City Council Rule VII D. 45. Ord. to rezone property located northeast of 192nd and Leavenworth Streets from AG-Agricultural District to R6-Low Density Multiple Family Residential District. (See Doc. # 572 – May 6 Meeting) CCID # 572 – ORDINANCE ON SECOND READING – Final reading to be held on May 20, 2014 as per City Charter requirements. 46. 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. (See Doc. # 573 – May 6 Meeting) CCID # 573 – ORDINANCE ON SECOND READING – Final reading to be held on May 20, 2014 as per City Charter requirements. * * * * * * * * * * * * * - 21 - ORDINANCES ON SECOND READING 47. 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. ((PUBLIC HEARING TODAY)) (See Doc. # 562 – May 6 Meeting) CCID # 562 – Public hearing was held today – Final reading set for May 20, 2014 as per City Charter requirements. 48. 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 Bud getary 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. ((PUBLIC HEARING TODAY)) (See Doc. # 575 – May 6 Meeting) Mikki Frost, Human Resources Director, appeared and spoke. CCID # 575 – Public hearing was held today – Final reading set for May 20, 2014 as per City Charter requirements. 49. 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 Fun d 11111, Org. 10500; and to provide an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 571 – May 6 Meeting) - 22 - Mikki Frost, Human Resources Director, appeared and spoke. CCID # 571 – Public hearing was held today – Final reading set for May 20, 2014 as per City Charter requirements. 50. 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. ((PUBLIC HEARING TODAY)) (See Doc. # 570 – May 6 Meeting) CCID # 570 – Public hearing was held today – Final reading set for May 20, 2014 as per City Charter requirements. 51. 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 Prosecution 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. ((PUBLIC HEARING TODAY)) (See Doc. # 576 – May 6 Meeting) CCID # 576 – Public hearing was held today – Final reading set for May 20, 2014 as per City Charter requirements. “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD MAY 27, 2014 THE THIRD READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 52 THROUGH 60 SHALL BE HELD ON JUNE 3, 2014” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 52. Ord. to approve an amendment to the Future Land Use Element of the Master Plan for the City of Omaha, to expand the boundary of the existing mixe d use area to encompass the site at 5319 North 30th Street and to designate the portion of that site fronting upon North 29th Street as high density residential for the property located northeast of 30th and Fort Streets; and to provide for the effective date hereof – see attached. - 23 - CCID # 594 – Publication to be made and public hearing and third reading to be held on June 3, 2014 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of an amendment to the Future Land Use Element of the Omaha Master Plan to expand the boundary of the existing mixed use area to encompass the site at 5319 North 30th Street and to designate the portion of that site fronting upon North 29th Street as high density residential for the property located northeast of 30th and Fort Streets – see attached. # 594 – Over to 06/03/14 53. Ord. to rescind the PK-Parking Overlay District for property located northeast of 30th and Fort Streets, and to provide for an effective date – see attached. CCID # 595 – Publication to be made and public hearing and third reading to be held on June 3, 2014 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of the request to repeal the PK-Parking Overlay District, for property located northeast of 30th and Fort Streets – see attached. # 595 – Over to 06/03/14 54. Ord. to rezone the property located northeast of 30th and Fort Streets from R4 - Single family residential district (high density) and GC-General Commercial District to CC-Community Commercial District and approval of an ACI -2-Area of Civic Importance overlay district. CCID # 596 – Publication to be made and public hearing and third reading to be held on June 3, 2014 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of a request to rezone property located northeast of 30th and Fort Streets from R4-Single family residential district (high density) and GC-General Commercial District to CC-Community Commercial District and approval of an ACI-2-Area of Civic Importance overlay district – see attached. # 596 – Over to 06/03/14 - 24 - 55. Ord. to approve a PUD-Planned Unit Development Overlay District in a CC - Community Commercial District located northeast of 30th and Fort Streets, to approve the Development Plan, and to provide for an effective date – see attached. CCID # 597 – Publication to be made and public hearing and third reading to be held on June 3, 2014 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of a request for a PUD-Planned Unit Development Overlay District in a CC-Community Commercial District located northeast of 30th and Fort Streets – see attached. # 597 – Over to 06/03/14 56. Ord. to rezone property located at 7023 Cass Street from R2-Single Family Residential District (Low Density) to R8-High-Density Multiple Family Residential District. CCID # 600 – Publication to be made and public hearing and third reading to be held on June 3, 2014 pursuant to City Council Rule VII H. 57. Ord. to amend the boundaries of the ACI-2(65)-Area of Civic Importance Overlay District, to incorporate into that district the property located at 7023 Cass Street; and to provide for an effective date - see attached. CCID # 601 – Publication to be made and public hearing and third reading to be held on June 3, 2014 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 7023 Cass Street from R2- Single Family Residential District (Low Density) to R8-High-Density Multiple Family Residential District with an ACI-2(65)-Area of Civic Importance Overlay District – see attached. # 601 – Over to 06/03/14 58. Ord. to approve a PUD-Planned Unit Development Overlay District in a R8-High- Density Multiple Family Residential District located at 7023 Cass Street, to approve the Development Plan, and to provide for an effective date – see attached. CCID # 602 – Publication to be made and public hearing and third reading to be held on June 3, 2014 pursuant to City Council Rule VII H. - 25 - (a) Planning Board and Planning Department recommend approval of a request for a PUD-Planned Unit Development Overlay District in a R8-High-Density Multiple Family Residential District located at 7023 Cass Street – see attached. # 602 – Over to 06/03/14 59. Ord. to rezone property located Northwest of 138th and Ida Streets from AG- Agricultural District to DR-Development Reserve District. CCID # 606 – Publication to be made and public hearing and third reading to be held on June 3, 2014 pursuant to City Council Rule VII H. 60. Ord. to rezone property located Northwest of 138th and Ida Streets from AG- Agricultural District to R4-Single Family Residential District (High Density). CCID # 617 – Publication to be made and public hearing and third reading to be held on June 3, 2014 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of a request to rezone property located Northwest of 138th and Ida Streets from AG-Agricultural District to DR-Development Reserve District and R4-Single Family Residential District (High-Density) – see attached. # 617 – Over to 06/03/14 * * * * * * * * * * * * * - 26 - “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 61 THROUGH 63 SHALL BE HELD ON THE SECOND READING” ORDINANCES ON FIRST READING 61. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described vacant and improved properties located in the Amended 18th and Locust Area Redevelopment Plan, an area generally defined by Locust Street on the North, the alley east of 18 th Street on the East, a line following the property lines approximately 115 fe et south of Corby Street on the South, and 19th Avenue on the West, for acquisition, relocation as appropriate, demolition of structures, preparation of sites, and subsequent use as sites for implementing the Amended 18th and Locust Area Redevelopment Plan by the construction of new, owner occupied housing; provided that as to each specified parcel which cannot be obtained by negotiation, proceedings in eminent domain be undertaken and completed; project costs will be paid from Community Development Block Grant award, Fund No. 12186, Organization No. 128072, Project No. 4501, Task No. 10.1440, Award 100184; and to provide the effective date hereof – see attached. CCID # 609 – Publication to be made and public hearing to be held on May 20, 2014 as per City Charter requirements. 62. Spec. Ord. levying a special tax assessment for cutting and clearing weeds, grass and worthless vegetation in accordance with Sections 18 -21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha , Group No: 2014-06 – see attached. CCID # 610 – Publication to be made and public hearing to be held on May 20, 2014 as per City Charter requirements. 63. Spec. Ord. levying a special tax assessment for the removal of litter in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha, Group No: 2014-07 – see attached. CCID # 611 – Publication to be made and public hearing to be held on May 20, 2014 as per City Charter requirements. * * * * * * * * * * * * * - 27 - EXECUTIVE SESSION 64. 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: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Motion Carried 7-0 ADJOURNED: 3:22 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 May 13th, 2014. WITNESS: _______________________________ _______________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN STOTHERT ON THE 15th DAY OF MAY, 2014.